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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1804 Public Print (PP)]

103d CONGRESS

  2d Session

                               H. R. 1804

_______________________________________________________________________

                               AMENDMENT

            February 23 (legislative day, February 22), 1994

                    Ordered to be printed as passed
            February 23 (legislative day, February 22), 1994

                    Ordered to be printed as passed

                  In the Senate of the United States,

                        February 8 (legislative day, January 25), 1994.
      Resolved, That the bill from the House of Representatives (H.R. 
1804) entitled ``An Act to improve learning and teaching by providing a 
national framework for education reform; to promote the research, 
consensus building, and systemic changes needed to ensure equitable 
educational opportunities and high levels of educational achievement 
for all American students; to provide a framework for reauthorization 
of all Federal education programs; to promote the development and 
adoption of a voluntary national system of skill standards and 
certifications; and for other purposes'', do pass with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--Titles I through IV of this Act may be cited as 
the ``Goals 2000: Educate America Act''.
    (b) Table of Contents.--The table of contents is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Purpose.
Sec. 3. Definitions.

                   TITLE I--NATIONAL EDUCATION GOALS

Sec. 101. Purpose.
Sec. 102. National education goals.

    TITLE II--NATIONAL EDUCATION REFORM LEADERSHIP, STANDARDS, AND 
                              ASSESSMENTS

                 Part A--National Education Goals Panel

Sec. 201. Purpose.
Sec. 202. National education goals panel.
Sec. 203. Duties.
Sec. 204. Powers of the goals panel.
Sec. 205. Administrative provisions.
Sec. 206. Director and staff; experts and consultants.
Sec. 207. Early childhood assessment.

      Part B--National Education Standards and Improvement Council

Sec. 211. Purpose.
Sec. 212. National Education Standards and Improvement Council.
Sec. 213. Duties.
Sec. 214. Annual reports.
Sec. 215. Powers of the council.
Sec. 216. Administrative provisions.
Sec. 217. Director and staff; experts and consultants.
Sec. 218. Opportunity-to-learn development grants.

              Part C--Leadership in Educational Technology

Sec. 221. Purposes.
Sec. 222. Federal leadership.
Sec. 223. Office of Educational Technology.
Sec. 224. Uses of funds.
Sec. 225. Non-Federal share.
Sec. 226. Office of Training Technology Transfer.

                Part D--Authorization of Appropriations

Sec. 231. Authorization of appropriations.

       TITLE III--STATE AND LOCAL EDUCATION SYSTEMIC IMPROVEMENT

Sec. 301. Findings.
Sec. 302. Purpose.
Sec. 303. Authorization of appropriations.
Sec. 304. Allotment of funds.
Sec. 305. State applications.
Sec. 306. State improvement plans.
Sec. 307. Secretary's review of applications; payments.
Sec. 308. State use of funds.
Sec. 309. Subgrants for local reform and professional development.
Sec. 310. Availability of information and training.
Sec. 311. Waivers of statutory and regulatory requirements.
Sec. 312. Progress reports.
Sec. 313. National leadership.
Sec. 314. Assistance to the outlying areas and to the Secretary of the 
                            Interior.
Sec. 315. Clarification regarding State standards and assessments.
Sec. 316. State planning for improving student achievement through 
                            integration of technology into the 
                            curriculum.

                        TITLE IV--MISCELLANEOUS

Sec. 401. Public schools.
Sec. 402. Construction.
Sec. 403. Khalid Abdul Mohammed.
Sec. 404. Prohibition on Federal mandates, direction, and control.
Sec. 405. School prayer.
Sec. 406. Daily silence for students.
Sec. 407. Funding for the Individuals With Disabilities Education Act.
Sec. 408. National Board for Professional Teaching Standards.
Sec. 409. Forgiveness of certain overpayments.
Sec. 410. Study of Goals 2000 and students with disabilities.
Sec. 411. Mentoring, peer counseling and peer tutoring.
Sec. 412. Content and performance standards.
Sec. 413. State-sponsored higher education trust fund savings plan.
Sec. 414. Amendments to sumer youth employment and training program.
Sec. 415. State and local government control of education.
Sec. 416. Protection of pupils.
Sec. 417. Contraceptive devices.
Sec. 418. Educational agencies not denied funds for adopting 
                            constitutional policy relative to prayer in 
                            schools.

                TITLE V--NATIONAL SKILL STANDARDS BOARD

Sec. 501. Short title.
Sec. 502. Purpose.
Sec. 503. Establishment of National Board.
Sec. 504. Functions of the National Board.
Sec. 505. Deadlines.
Sec. 506. Reports.
Sec. 507. Authorization of appropriations.
Sec. 508. Definitions.
Sec. 509. Sunset provision.

                         TITLE VI--SAFE SCHOOLS

                      Part A--Safe Schools Program

Sec. 601. Short title; statement of purpose.
Sec. 602. Safe schools program authorized.
Sec. 603. Eligible applicants.
Sec. 604. Applications and plans.
Sec. 605. Use of funds.
Sec. 606. National leadership.
Sec. 607. National cooperative education statistics system.
Sec. 608. Coordiation of Federal assistance.
Sec. 609. Effective date.

      Part B--State Leadership Activities To Promote Safe Schools

Sec. 621. State leasership activities to promote safe schools program.

     TITLE VII--MIDNIGHT BASKETBALL LEAGUE TRAINING AND PARTNERSHIP

Sec. 701. Short title.
Sec. 702. Grants for midnight basketball league training and 
                            partnership programs.
Sec. 703. Public housing midnight basketball league programs.

         TITLE VIII--YOUTH VIOLENCE IN SCHOOLS AND COMMUNITIES

Sec. 801. Purpose.
Sec. 802. Findings.
Sec. 803. Provisions.

             TITLE IX--EDUCATIONAL RESEARCH AND IMPROVEMENT

Sec. 901. Short title.

         Part A--Office of Educational Research and Improvement

Sec. 911. Repeal.
Sec. 912. Office of Educational Research and Improvement.
Sec. 913. Savings provisions.
Sec. 914. Field readers.

                Part B--Educational Improvement Programs

               subpart 1--international education program
Sesubpart 2--amendments to the carl d. perkins vocational and applied 
                        technology education act
Sec.subpart 3--elementary mathematics and science equipment program
Sec. 941. Short title.
Sec. 942. Statement of purpose.
Sec. 943. Program authorized.
Sec. 944. Allotments of funds.
Sec. 945. State application.
Sec. 946. Local application.
Sec. 947. Participation of private schools.
Sec. 948. Program requirements.
Sec. 949. Federal administration.
Sec. 950. Authorizatiosubpart 4--media instruction
Sec. 951. Media instructsubpart 5--star schools
Sec. 96subpart 6--office of comprehensive school health education
Sec. 971. Offisubpart 7--minority-focused civics education
Sec. 981. Short title.
Sec. 982. Purposes.
Sec. 983. Grants authorized; authorization of appropriations.
Sec. 984. Definitions.
Sec. 985. Applications.

                          Part C--Definitions

Sec. 991. Definitions.

                      TITLE X--PARENTS AS TEACHERS

Sec. 1001. Findings.
Sec. 1002. Statement of purpose.
Sec. 1003. Definitions.
Sec. 1004. Program established.
Sec. 1005. Program requirements.
Sec. 1006. Special rules.
Sec. 1007. Parents As Teachers Centers.
Sec. 1008. Evaluations.
Sec. 1009. Application.
Sec. 1010. Payments and Federal share.
Sec. 1011. Authorization of appropriations.
Sec. 1012. Home instruction program for preschool youngsters.

                       TITLE XI--GUN-FREE SCHOOLS

Sec. 1101. Short title.
Sec. 1102. Gun-free requirements in elementary and secondary schools.

                 TITLE XII--ENVIRONMENTAL TOBACCO SMOKE

Sec. 1201. Short title.
Sec. 1202. Findings.
Sec. 1203. Definitions.
Sec. 1204. Nonsmoking policy for children's services.
Sec. 1205. Technical assistance.
Sec. 1206. Federally funded programs.
Sec. 1207. Report by the Administrator.
Sec. 1208. Preemption.

SEC. 2. PURPOSE.

    It is the purpose of this Act to provide a framework for meeting 
the National Education Goals described in title I of this Act by--
            (1) promoting coherent, nationwide, systemic education 
        reform;
            (2) improving the quality of teaching and learning in the 
        classroom;
            (3) defining appropriate and coherent Federal, State, and 
        local roles and responsibilities for education reform;
            (4) establishing valid, reliable, and fair mechanisms for--
                    (A) building a broad national consensus on United 
                States education reform;
                    (B) assisting in the development and certification 
                of high-quality, internationally competitive content 
                and student performance standards;
                    (C) assisting in the development and certification 
                of opportunity-to-learn standards; and
                    (D) assisting in the development and certification 
                of high-quality assessment measures that reflect the 
                internationally competitive content and student 
                performance standards;
            (5) supporting new initiatives at the Federal, State, 
        local, and school levels to provide equal educational 
        opportunity for all students to meet high standards; and
            (6) providing a framework for the reauthorization of all 
        Federal education programs by--
                    (A) creating a vision of excellence and equity that 
                will guide all Federal education and related programs;
                    (B) providing for the establishment of high-
                quality, internationally competitive content and 
                student performance standards that all students, 
                including disadvantaged students, students with diverse 
                racial, ethnic, and cultural backgrounds, students with 
                disabilities, students with limited-English 
                proficiency, and academically talented students, will 
                be expected to achieve;
                    (C) providing for the establishment of high 
                quality, internationally competitive opportunity-to-
                learn standards that all States, local educational 
                agencies, and schools should achieve;
                    (D) encouraging and enabling all State educational 
                agencies and local educational agencies to develop 
                comprehensive improvement plans that will provide a 
                coherent framework for the implementation of 
                reauthorized Federal education and related programs in 
                an integrated fashion that effectively educates all 
                children;
                    (E) providing resources to help individual schools, 
                including schools serving students with high needs, 
                develop and implement comprehensive improvement plans; 
                and
                    (F) promoting the use of technology to enable all 
                students to achieve the National Education Goals.

SEC. 3. DEFINITIONS.

    As used in this Act (other than in titles V and IX)--
            (1) the term ``all children'' means children from all 
        backgrounds and circumstances, including disadvantaged 
        children, children with diverse racial, ethnic, and cultural 
        backgrounds, children with disabilities, children with limited-
        English proficiency, children who have dropped out of school, 
        and academically talented children;
            (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 ``assessment'' means the overall process and 
        instrument used to measure student attainment of content 
        standards, except that such term need not include the discrete 
        items that comprise each assessment;
            (4) the term ``content standards'' means broad descriptions 
        of the knowledge and skills students should acquire in a 
        particular subject area;
            (5) the term ``Governor'' means the chief executive of the 
        State;
            (6) the term ``intergenerational mentoring program'' means 
        a program that--
                    (A) matches adult mentors, with a particular 
                emphasis on older mentors, with elementary and 
                secondary school age children for the purposes of 
                sharing experience and skills;
                    (B) is operated by a nonprofit organization or 
                governmental agency;
                    (C) provides opportunities for older individuals to 
                be involved in the design and operation of the program; 
                and
                    (D) has established, written mechanisms for 
                screening mentors, orienting mentors and proteges, 
                matching mentors and proteges, and monitoring mentoring 
                relationships;
            (7) the terms ``interoperable'' and ``interoperability'' 
        refers to the ability to easily exchange data with, and connect 
        to, other hardware and software in order to provide the 
        greatest accessibility for all students;
            (8) the term ``local educational agency'' has the meaning 
        given such term in section 1471(12) of the Elementary and 
        Secondary Education Act of 1965, except that such term may 
        include a public school council if such council is mandated by 
        State law;
            (9) the term ``opportunity-to-learn standards'' means the 
        conditions of teaching and learning necessary for all students 
        to have a fair opportunity to learn, including ways of 
        measuring the extent to which such standards are being met;
            (10) the term ``outlying areas'' means Guam, American 
        Samoa, the Virgin Islands, the Commonwealth of the Northern 
        Mariana Islands, Palau (until the effective date of the Compact 
        of Free Association with the Government of Palau), and the 
        Freely Associated States;
            (11) the term ``performance standards'' means concrete 
        examples and explicit definitions of what students have to know 
        and be able to do to demonstrate that such students are 
        proficient in the skills and knowledge framed by content 
        standards;
            (12) the term ``public telecommunication entity'' has the 
        same meaning given to such term in section 397(12) of the 
        Communications Act of 1934;
            (13) the term ``related services'' includes the types of 
        services described in section 602(17) of the Individuals with 
        Disabilities Education Act;
            (14) the term ``school'' means a public school that is 
        under the authority of the State educational agency or a local 
        educational agency or, for the purpose of carrying out section 
        314(b), a school that is operated or funded by the Bureau of 
        Indian Affairs;
            (15) the term ``Secretary'', unless otherwise specified, 
        means the Secretary of Education;
            (16) the term ``State'' means each of the 50 States, the 
        District of Columbia, and the Commonwealth of Puerto Rico;
            (17) the term ``State educational agency'' has the same 
        meaning given such term in section 1471(23) of the Elementary 
        and Secondary Education Act of 1965; and
            (18) 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 fiber 
        optic transmission, computer, video and audio laser and CD-ROM 
        disks, and video and audio tapes, or other technologies.

                   TITLE I--NATIONAL EDUCATION GOALS

SEC. 101. PURPOSE.

    It is the purpose of this title to establish National Education 
Goals.

SEC. 102. NATIONAL EDUCATION GOALS.

    The Congress declares the National Education Goals are as follows:
            (1) School readiness.--
                    (A) Goal.--By the year 2000, all children in 
                America will start school ready to learn.
                    (B) Objectives.--The objectives for the goal 
                described in subparagraph (A) are that--
                            (i) all children, including disadvantaged 
                        and disabled children, will have access to 
                        high-quality and developmentally appropriate 
                        preschool programs that help prepare children 
                        for school;
                            (ii) every parent in the United States will 
                        be a child's first teacher and devote time each 
                        day to helping such parent's preschool child 
                        learn, and parents will have access to the 
                        training and support parents need; and
                            (iii) children will receive the nutrition, 
                        physical activity experiences, and health care 
                        needed to arrive at school with healthy minds 
                        and bodies, and the number of low-birthweight 
                        babies will be significantly reduced through 
                        enhanced prenatal health systems.
            (2) School completion.--
                    (A) Goal.--By the year 2000, the high school 
                graduation rate will increase to at least 90 percent.
                    (B) Objectives.--The objectives for the goal 
                described in subparagraph (A) are that--
                            (i) the Nation must dramatically reduce its 
                        high school dropout rate, and 75 percent of 
                        high school students who do drop out of school 
                        will successfully complete a high school degree 
                        or its equivalent; and
                            (ii) the gap in high school graduation 
                        rates between United States students from 
                        minority backgrounds and their nonminority 
                        counterparts will be eliminated.
            (3) Student achievement and citizenship.--
                    (A) Goal.--By the year 2000, United States students 
                will leave grades 4, 8, and 12 having demonstrated 
                competency over challenging subject matter including 
                English, mathematics, science, foreign languages, 
                civics and government, economics, arts, history, and 
                geography, and every school in the United States will 
                ensure that all students learn to use their minds well, 
                so students may be prepared for responsible 
                citizenship, further learning, and productive 
                employment in our Nation's modern economy.
                    (B) Objectives.--The objectives for the goal 
                described in subparagraph (A) are that--
                            (i) the academic performance of elementary 
                        and secondary students will increase 
                        significantly in every quartile, and the 
                        distribution of minority students in each 
                        quartile will more closely reflect the student 
                        population as a whole;
                            (ii) the percentage of students who 
                        demonstrate the ability to reason, solve 
                        problems, apply knowledge, and write and 
                        communicate effectively will increase 
                        substantially;
                            (iii) all students will be involved in 
                        activities that promote and demonstrate good 
                        citizenship, good health, community service, 
                        and personal responsibility;
                            (iv) all students will have access to 
                        physical education and health education to 
                        ensure all students are healthy and fit;
                            (v) the percentage of students who are 
                        competent in more than one language will 
                        substantially increase; and
                            (vi) all students will be knowledgeable 
                        about the diverse heritage of our Nation and 
                        about the world community.
            (4) Mathematics and science.--
                    (A) Goal.--By the year 2000, United States students 
                will be first in the world in mathematics and science 
                achievement.
                    (B) Objectives.--The objectives for the goal 
                described in subparagraph (A) are that--
                            (i) mathematics and science education, 
                        including the metric system of measurement, 
                        will be strengthened throughout the educational 
                        system, especially in the early grades;
                            (ii) the number of teachers with a 
                        substantive background in mathematics and 
                        science will increase by 50 percent from the 
                        number of such teachers in 1992; and
                            (iii) the number of United States 
                        undergraduate and graduate students, especially 
                        women and minorities, who complete degrees in 
                        mathematics, science, and engineering will 
                        increase significantly.
            (5) Adult literacy and lifelong learning.--
                    (A) Goal.--By the year 2000, every adult United 
                States citizen will be literate and will possess the 
                knowledge and skills necessary to compete in a global 
                economy and exercise the rights and responsibilities of 
                citizenship.
                    (B) Objectives.--The objectives for the goal 
                described in subparagraph (A) are that--
                            (i) every major United States business will 
                        be involved in strengthening the connection 
                        between education and work;
                            (ii) all workers will have the opportunity 
                        to acquire the knowledge and skills, from basic 
                        to highly technical, needed to adapt to 
                        emerging new technologies, work methods, and 
                        markets through public and private educational, 
                        vocational, technical, workplace, or other 
                        programs;
                            (iii) the number of quality programs, 
                        including programs at libraries, that are 
                        designed to serve more effectively the needs of 
                        the growing number of part-time and mid-career 
                        students, will increase substantially;
                            (iv) the proportion of qualified students, 
                        especially minorities, who enter college, who 
                        complete at least 2 years of college, and who 
                        complete their degree programs, will increase 
                        substantially; and
                            (v) the proportion of college graduates who 
                        demonstrate an advanced ability to think 
                        critically, communicate effectively, and solve 
                        problems will increase substantially.
            (6) Safe, disciplined, and alcohol- and drug- free 
        schools.--
                    (A) Goal.--By the year 2000, every school in the 
                United States will be free of drugs, firearms, alcohol, 
                and violence and will offer a disciplined environment 
                conducive to learning.
                    (B) Objectives.--The objectives for the goal 
                described in subparagraph (A) are that--
                            (i) every school will implement a firm and 
                        fair policy on use, possession, and 
                        distribution of drugs and alcohol;
                            (ii) parents, businesses, governmental and 
                        community organizations will work together to 
                        ensure that schools provide a healthy 
                        environment and are a safe haven for all 
                        children;
                            (iii) every school district will develop a 
                        sequential, comprehensive kindergarten through 
                        twelfth grade drug and alcohol prevention 
                        education program;
                            (iv) drug and alcohol curriculum should be 
                        taught as an integral part of sequential, 
                        comprehensive health education;
                            (v) community-based teams should be 
                        organized to provide students and teachers with 
                        needed support; and
                            (vi) every school should work to eliminate 
                        sexual harassment.
            (7) Parental participation.--
                    (A) Goal.--By the year 2000, every school will 
                promote partnerships that will increase parental 
                involvement and participation in promoting the social, 
                emotional and academic growth of children.
                    (B) Objectives.--The objectives for the Goal 
                established under subparagraph (A) are that--
                            (i) every State will develop policies to 
                        assist local schools and school districts to 
                        establish programs for increasing partnerships 
                        that respond to the varying needs of parents 
                        and the home, including parents of children who 
                        are disadvantaged or bilingual, or parents of 
                        children with disabilities;
                            (ii) every school will actively engage 
                        parents and families in a partnership which 
                        supports the academic work of children at home 
                        and shared educational decision-making at 
                        school; and
                            (iii) parents and families will help to 
                        ensure that schools are adequately supported 
                        and will hold schools and teachers to high 
                        standards of accountability.
            (8) Teacher education and professional development.--
                    (A) Goal.--By the year 2000, the Nation's teaching 
                force will have access to programs for the continued 
                improvement of their professional skills and the 
                opportunity to acquire the knowledge and skills needed 
                to instruct and prepare all American students for the 
                next century.
                    (B) Objectives.--The objectives for the goal 
                established under subparagraph (A) are that--
                            (i) all teachers will have access to 
                        preservice teacher education and continuing 
                        professional development activities that will 
                        provide such teachers with the knowledge and 
                        skills needed to teach to an increasingly 
                        diverse student population with a variety of 
                        educational, social, and health needs;
                            (ii) all teachers will have continuing 
                        opportunities to acquire additional knowledge 
                        and skills needed to teach challenging subject 
                        matter and to use emerging new methods, forms 
                        of assessment, and technologies;
                            (iii) States and school districts will 
                        create integrated strategies to attract, 
                        recruit, prepare, retrain, and support the 
                        continued professional development of teachers, 
                        administrators, and other educators, so that 
                        there is a highly talented work force of 
                        professional educators to teach challenging 
                        subject matter; and
                            (iv) partnerships will be established, 
                        whenever possible, among local educational 
                        agencies, institutions of higher education, 
                        parents, and local labor, business, and 
                        professional associations to provide and 
                        support programs for the professional 
                        development of educators.

    TITLE II--NATIONAL EDUCATION REFORM LEADERSHIP, STANDARDS, AND 
                              ASSESSMENTS

                 PART A--NATIONAL EDUCATION GOALS PANEL

SEC. 201. PURPOSE.

    It is the purpose of this part to establish a bipartisan mechanism 
for--
            (1) building a national consensus for education 
        improvement;
            (2) reporting on progress toward achieving the National 
        Education Goals;
            (3) periodically reviewing the goals and objectives 
        described in title I and recommending adjustments to such goals 
        and objectives, as needed, in order to guarantee education 
        reform that continues to provide guidance for quality, world 
        class education for all students; and
            (4) reviewing and approving the voluntary national content 
        standards, voluntary national student performance standards and 
        voluntary national opportunity-to-learn standards certified by 
        the National Education Standards and Improvement Council, as 
        well as the criteria for the certification of such standards, 
        and the criteria for the certification of State assessments or 
        systems of assessments certified by such Council.

SEC. 202. NATIONAL EDUCATION GOALS PANEL.

    (a) Establishment.--There is established in the executive branch a 
National Education Goals Panel (hereafter in this title referred to as 
the ``Goals Panel'').
    (b) Composition.--The Goals Panel shall be composed of 18 members 
(hereafter in this part referred to as ``members''), including--
            (1) two members appointed by the President;
            (2) eight members who are Governors, 3 of whom shall be 
        from the same political party as the President and 5 of whom 
        shall be of the opposite political party of the President, 
        appointed by the Chairperson and Vice Chairperson of the 
        National Governors' Association, with the Chairperson and Vice 
        Chairperson each appointing representatives of such 
        Chairperson's or Vice Chairperson's respective political party, 
        in consultation with each other;
            (3) four Members of the Congress, of whom--
                    (A) one member shall be appointed by the Majority 
                Leader of the Senate from among the Members of the 
                Senate;
                    (B) one member shall be appointed by the Minority 
                Leader of the Senate from among the Members of the 
                Senate;
                    (C) one member shall be appointed by the Majority 
                Leader of the House of Representatives from among the 
                Members of the House of Representatives; and
                    (D) one member shall be appointed by the Minority 
                Leader of the House of Representatives from among the 
                Members of the House of Representatives; and
            (4) four members of State legislatures appointed by the 
        President of the National Conference of State Legislatures, of 
        whom 2 shall be of the same political party as the President of 
        the United States.
    (c) Special Appointment Rules.--
            (1) In general.--The members appointed pursuant to 
        subsection (b)(2) shall be appointed as follows:
                    (A) If the Chairperson of the National Governors' 
                Association is from the same political party as the 
                President, the Chairperson shall appoint 3 individuals 
                and the Vice Chairperson of such association shall 
                appoint 5 individuals.
                    (B) If the Chairperson of the National Governors' 
                Association is from the opposite political party as the 
                President, the Chairperson shall appoint 5 individuals 
                and the Vice Chairperson of such association shall 
                appoint 3 individuals.
            (2) Special rule.--If the National Governors' Association 
        has appointed a panel that meets the requirements of 
        subsections (b) and (c), except for the requirements of 
        paragraph (4) of subsection (b), prior to the date of enactment 
        of this Act, then the members serving on such panel shall be 
        deemed to be in compliance with the provisions of such 
        subsections and shall not be required to be reappointed 
        pursuant to such subsections.
    (d) Terms.--The terms of service of members shall be as follows:
            (1) Presidential appointees.--Members appointed under 
        subsection (b)(1) shall serve at the pleasure of the President.
            (2) Governors.--Members appointed under paragraph (2) of 
        subsection (b) shall serve a 2-year term, except that the 
        initial appointments under such paragraph shall be made to 
        ensure staggered terms with one-half of such members' terms 
        concluding every 2 years.
            (3) Congressional appointees and state legislators.--
        Members appointed under paragraphs (3) and (4) of subsection 
        (b) shall serve for 2-year terms.
    (e) Date of Appointment.--The initial members shall be appointed 
not later than 60 days after the date of enactment of this Act.
    (f) Initiation.--The Goals Panel may begin to carry out its duties 
under this part when 10 members of the Goals Panel have been appointed.
    (g) Vacancies.--A vacancy on the Goals Panel shall not affect the 
powers of the Goals Panel, but shall be filled in the same manner as 
the original appointment.
    (h) Travel.--Each member may be allowed travel expenses, including 
per diem in lieu of subsistence, as authorized by section 5703 of title 
5, United States Code, for each day the member is engaged in the 
performance of duties for the Goals Panel away from the home or regular 
place of business of the member.
    (i) Chairperson.--
            (1) In general.--The members shall select a Chairperson 
        from among the members described in paragraph (2) of subsection 
        (b).
            (2) Term and political affiliation.--The Chairperson of the 
        Goals Panel shall serve a 1-year term and shall alternate 
        between political parties.

SEC. 203. DUTIES.

    (a) In General.--The Goals Panel shall--
            (1) report on the progress the Nation and the States are 
        making toward achieving the National Education Goals described 
        in title I, including issuing an annual national report card;
            (2) submit to the President nominations for appointment to 
        the National Education Standards and Improvement Council in 
        accordance with subsections (b) and (c) of section 212;
            (3) review and approve (or explain why approval is 
        withheld) the--
                    (A) criteria developed by the National Education 
                Standards and Improvement Council for the certification 
                of content and student performance standards, 
                assessments or systems of assessments, and opportunity-
                to-learn standards; and
                    (B) voluntary national content standards, voluntary 
                national student performance standards and voluntary 
                national opportunity-to-learn standards certified by 
                such Council;
            (4) report on promising or effective actions being taken at 
        the national, State, and local levels, and in the public and 
        private sectors, to achieve the National Education Goals; and
            (5) help build a nationwide, bipartisan consensus for the 
        reforms necessary to achieve the National Education Goals.
    (b) National Report Card.--
            (1) In general.--The Goals Panel shall annually prepare and 
        submit to the President, the Secretary, the appropriate 
        committees of the Congress, and the Governor of each State a 
        national report card that shall--
                    (A) report on the progress of the United States 
                toward achieving the National Education Goals; and
                    (B) identify actions that should be taken by 
                Federal, State, and local governments to enhance 
                progress toward achieving the National Education Goals.
            (2) Form; data.--National report cards shall be presented 
        in a form, and include data, that is understandable to parents 
        and the general public.

SEC. 204. POWERS OF THE GOALS PANEL.

    (a) Hearings.--
            (1) In general.--The Goals Panel shall, for the purpose of 
        carrying out this part, conduct such hearings, sit and act at 
        such times and places, take such testimony, and receive such 
        evidence, as the Goals Panel considers appropriate.
            (2) Representation.--In carrying out this part, the Goals 
        Panel shall conduct hearings to receive reports, views, and 
        analyses of a broad spectrum of experts and the public on the 
        establishment of voluntary national content, voluntary national 
        student performance standards, voluntary national opportunity-
        to-learn standards, and State assessments or systems of 
        assessments described in section 213(e).
    (b) Information.--The Goals Panel may secure directly from any 
department or agency of the Federal Government information necessary to 
enable the Goals Panel to carry out this part. Upon request of the 
Chairperson of the Goals Panel, the head of any such department or 
agency shall furnish such information to the Goals Panel to the extent 
permitted by law.
    (c) Postal Services.--The Goals Panel may use the United States 
mail in the same manner and under the same conditions as departments 
and agencies of the Federal Government.
    (d) Gifts; Use of Facilities.--The Goals Panel may--
            (1) accept, administer, and utilize gifts or donations of 
        services, money, or property, whether real or personal, 
        tangible or intangible; and
            (2) use the research, equipment, services, and facilities 
        of any department, agency or instrumentality of the Federal 
        Government, or of any State or political subdivision thereof 
        with the consent of such department, agency, instrumentality, 
        State or subdivision, respectively.
    (e) Administrative Arrangements and Support.--
            (1) In general.--The Secretary shall provide to the Goals 
        Panel, on a reimbursable basis, such administrative support 
        services as the Goals Panel may request.
            (2) Contracts and other arrangements.--The Secretary shall, 
        to the extent appropriate, and on a reimbursable basis, make 
        contracts and other arrangements that are requested by the 
        Goals Panel to help the Goals Panel compile and analyze data or 
        carry out other functions necessary to the performance of the 
        Goals Panel's responsibilities.

SEC. 205. ADMINISTRATIVE PROVISIONS.

    (a) Meetings.--The Goals Panel shall meet on a regular basis, as 
necessary, at the call of the Chairperson of the Goals Panel or a 
majority of the members of the Goals Panel.
    (b) Quorum.--A majority of the members shall constitute a quorum 
for the transaction of business.
    (c) Voting and Final Decisions.--
            (1) In general.--No individual may vote, or exercise any of 
        the duties or powers of a member of the Goals Panel, by proxy.
            (2) Final decisions.--
                    (A) In making final decisions of the Goals Panel 
                with respect to the exercise of its duties and powers 
                the Goals Panel shall operate on the principle of 
                consensus among the members of the Goals Panel.
                    (B) If a vote of the membership of the Goals Panel 
                is required to reach a final decision with respect to 
                the exercise of its duties and powers, then such final 
                decision shall be made by a three-fourths vote of the 
                members of the Goals Panel who are present and voting.
    (d) Public Access.--The Goals Panel shall ensure public access to 
the proceedings of the Goals Panel (other than proceedings, or portions 
of proceedings, relating to internal personnel and management matters) 
and shall make available to the public, at reasonable cost, transcripts 
of such proceedings.

SEC. 206. DIRECTOR AND STAFF; EXPERTS AND CONSULTANTS.

    (a) Director.--The Chairperson of the Goals Panel, without regard 
to the provisions of title 5, United States Code, relating to the 
appointment and compensation of officers or employees of the United 
States, shall appoint a Director to be paid at a rate not to exceed the 
rate of basic pay payable for level V of the Executive Schedule.
    (b) Appointment and Pay of Employees.--
            (1) In general.--(A) The Director may appoint not more than 
        4 additional employees to serve as staff to the Goals Panel 
        without regard to the provisions of title 5, United States 
        Code, governing appointments in the competitive service.
            (B) The employees appointed under subparagraph (A) may be 
        paid without regard to the provisions of chapter 51 and 
        subchapter III of chapter 53 of that title relating to 
        classification and General Schedule pay rates, but shall not be 
        paid a rate that exceeds the maximum rate of basic pay payable 
        for GS-15 of the General Schedule.
            (2) Additional employees.--The Director may appoint 
        additional employees to serve as staff to the Goals Panel in 
        accordance with title 5, United States Code.
    (c) Experts and Consultants.--The Goals Panel may procure temporary 
and intermittent services of experts and consultants under section 
3109(b) of title 5, United States Code.
    (d) Staff of Federal Agencies.--Upon the request of the Goals 
Panel, the head of any department or agency of the United States may 
detail any of the personnel of such department to the Goals Panel to 
assist the Goals Panel in carrying out its responsibilities under this 
part.

SEC. 207. EARLY CHILDHOOD ASSESSMENT.

    (a) In general.--The Goals Panel shall support the work of its 
Resource and Technical Planning Groups on School Readiness (hereafter 
in this subsection referred to as the ``Groups'') to improve the 
methods of assessing the readiness of all children for school.
    (b) Activities.--The Groups shall--
            (1) develop a model of elements of school readiness that 
        address a broad range of early childhood developmental needs, 
        including the needs of children with disabilities;
            (2) create clear guidelines regarding the nature, 
        functions, and uses of early childhood assessments, including 
        norm-referenced assessments and assessment formats that are 
        appropriate for use in culturally and linguistically diverse 
        communities, based on model elements of school readiness;
            (3) monitor and evaluate early childhood assessments, 
        including the ability of existing assessments to provide valid 
        information on the readiness of children for school; and
            (4) monitor and report on the long-term collection of data 
        on the status of young children to improve policy and practice, 
        including the need for new sources of data necessary to assess 
        the broad range of early childhood developmental needs.
    (c) Advice.--The Groups shall advise and assist the Congress, the 
Secretary, the Goals Panel, and others regarding how to improve the 
assessment of young children and how such assessments can improve 
services to children.
    (d) Report.--The Goals Panel shall provide reports on the work of 
the Groups to the Congress, the Secretary, and the public.

      PART B--NATIONAL EDUCATION STANDARDS AND IMPROVEMENT COUNCIL

SEC. 211. PURPOSE.

    It is the purpose of this part to establish a mechanism to--
            (1) certify voluntary national content standards and 
        voluntary national student performance standards that define 
        what all students should know and be able to do;
            (2) certify challenging State content standards and 
        challenging State student performance standards submitted by 
        States on a voluntary basis, if such standards are comparable 
        in rigor and quality to the voluntary national content 
        standards and voluntary national student performance standards 
        certified by the National Education Standards and Improvement 
        Council;
            (3) certify voluntary national opportunity-to-learn 
        standards that describe the conditions of teaching and learning 
        necessary for all students to have a fair opportunity to 
        achieve the knowledge and skills described in the voluntary 
        national content standards and the voluntary national student 
        performance standards certified by the National Education 
        Standards and Improvement Council;
            (4) certify comprehensive State opportunity-to-learn 
        standards submitted by States on a voluntary basis that--
                    (A) describe the conditions of teaching and 
                learning necessary for all students to have a fair 
                opportunity to learn; and
                    (B) address the elements described in section 
                213(c)(3); and
            (5) certify assessments or systems of assessments submitted 
        by States or groups of States on a voluntary basis, if such 
        assessments or systems--
                    (A) are aligned with and support State content 
                standards certified by such Council; and
                    (B) are valid, reliable, and fair when used for 
                their intended purposes.

SEC. 212. NATIONAL EDUCATION STANDARDS AND IMPROVEMENT COUNCIL.

    (a) Establishment.--There is established in the executive branch a 
National Education Standards and Improvement Council (hereafter in this 
part referred to as the ``Council'').
    (b) Composition.--The Council shall be composed of 19 members 
(hereafter in this part referred to as ``members'') appointed by the 
President from nominations submitted by the Goals Panel.
    (c) Qualifications.--
            (1) In general.--The members of the Council shall include--
                    (A) five professional educators appointed from 
                among elementary and secondary classroom teachers, 
                preschool educators, related services personnel, and 
                other school-based professionals, State or local 
                educational agency administrators, or other educators;
                    (B) four representatives of business and industry 
                or postsecondary educational institutions, including at 
                least 1 representative of business and industry who is 
                also a member of the National Skill Standards Board 
                established pursuant to title V;
                    (C) five representatives of the public, appointed 
                from among representatives of advocacy, civil rights, 
                and disability groups, parents, civic leaders, tribal 
                governments, or State or local education policymakers 
                (including members of State or local school boards); 
                and
                    (D) five education experts, appointed from among 
                experts in measurement and assessment, curriculum, 
                school finance and equity, or school reform.
            (2) Nominations.--The Goals Panel shall submit to the 
        President at least 15 nominations for each of the 4 categories 
        of appointment described in subparagraphs (A) through (D) of 
        paragraph (1).
            (3) Representation.--To the extent feasible, the membership 
        of the Council shall--
                    (A) be geographically representative of the United 
                States and reflect the diversity of the United States 
                with respect to race, ethnicity, gender and disability 
                characteristics; and
                    (B) include persons from each of the 4 categories 
                described in subparagraphs (A) through (D) of paragraph 
                (1) who have expertise in the education of subgroups of 
                students who are at risk of school failure.
    (d) Terms.--
            (1) In general.--Members shall be appointed for 3-year 
        terms, with no member serving more than 2 consecutive terms.
            (2) Initial terms.--The President shall establish initial 
        terms for members of 1, 2, or 3 years in order to establish a 
        rotation in which one-third of the members are selected each 
        year.
    (e) Date of Appointment.--The initial members shall be appointed 
not later than 120 days after the date of enactment of this Act.
    (f) Initiation.--The Council shall begin to carry out the duties of 
the Council under this part when all 19 members have been appointed.
    (g) Retention.--In order to retain an appointment to the Council, a 
member shall attend at least two-thirds of the scheduled meetings, and 
hearings when appropriate, of the Council in any given year.
    (h) Vacancy.--A vacancy on the Council shall not affect the powers 
of the Council, but shall be filled in the same manner as the original 
appointment.
    (i) Compensation.--Members who are not regular full-time employees 
of the United States, while attending meetings or hearings of the 
Council, may be provided compensation at a rate fixed by the Secretary, 
but not exceeding the maximum rate of basic pay payable for GS-15 of 
the General Schedule.
    (j) Travel.--Each member of the Council may be allowed travel 
expenses, including per diem in lieu of subsistence, as authorized by 
section 5703 of title 5, United States Code, for each day the member is 
engaged in the performance of duties for the Council away from the home 
or regular place of business of the member.
    (k) Officers.--The members shall select officers of the Council 
from among the members. The officers of the Council shall serve for 1-
year terms.
    (l) Conflict of Interest.--No member, staff, expert, or consultant 
assisting the Council shall be appointed to the Council--
            (1) if such member, staff, expert, or consultant has a 
        fiduciary interest in an educational assessment; and
            (2) unless such member, staff, expert, or consultant agrees 
        that such member, staff, expert, or consultant, respectively, 
        will not obtain such an interest for a period of 2 years from 
        the date of termination of such member's service on the 
        Council.

SEC. 213. DUTIES.

    (a) Voluntary National Content Standards; Voluntary National 
Student Performance Standards.--
            (1) In general.--The Council, upon recommendation from a 
        working group on voluntary national content standards, shall--
                    (A) identify areas in which voluntary national 
                content standards need to be developed;
                    (B) certify voluntary national content standards 
                and voluntary national student performance standards 
                that define what all students should know and be able 
                to do; and
                    (C) forward such voluntary national content 
                standards and voluntary national student performance 
                standards to the Goals Panel for approval.
            (2) Criteria.--(A) The Council, upon recommendation from a 
        working group on voluntary national content standards and 
        voluntary national student performance standards, shall--
                    (i) identify and develop criteria to be used for 
                certifying the voluntary national content standards and 
                voluntary national student performance standards; and
                    (ii) before applying such criteria, forward such 
                criteria to the Goals Panel for approval.
            (B) The criteria developed by the Council shall address--
                    (i) the extent to which the proposed standards are 
                internationally competitive and comparable to the best 
                standards in the world;
                    (ii) the extent to which the proposed voluntary 
                national content standards and voluntary national 
                student performance standards reflect the best 
                available knowledge about how all students learn and 
                about how a content area can be most effectively 
                taught;
                    (iii) the extent to which the proposed voluntary 
                national content standards and voluntary national 
                student performance standards have been developed 
                through an open and public process that provides for 
                input and involvement of all relevant parties, 
                including teachers, related services personnel, and 
                other professional educators, employers and 
                postsecondary education institutions, curriculum and 
                subject matter specialists, parents, secondary school 
                students, and the public; and
                    (iv) other factors that the Council deems 
                appropriate.
            (C) In developing the criteria, the Council shall work with 
        entities that are developing, or have already developed, 
        content standards, and any other entities that the Council 
        deems appropriate, to identify appropriate certification 
        criteria.
    (b) Voluntary State Content Standards; Voluntary State Student 
Performance Standards.--The Council may certify challenging State 
content standards and challenging State student performance standards 
presented on a voluntary basis by a State or group of States, if such 
standards are comparable in rigor and quality to the voluntary national 
content standards and voluntary national student performance standards 
certified by the Council.
    (c) Voluntary National Opportunity-To-Learn Standards.--
            (1) In general.--The Council, upon recommendation from a 
        working group on voluntary national opportunity-to-learn 
        standards, shall certify exemplary, voluntary national 
        opportunity-to-learn standards that will establish a basis for 
        providing all students a fair opportunity to achieve the 
        knowledge and skills described in the voluntary national 
        content standards certified by the Council. In carrying out the 
        preceding sentence the Council and the working group are 
        authorized to consider proposals for voluntary national 
        opportunity-to-learn standards from groups other than those 
        that receive grants under section 218.
            (2) Requirement.--The voluntary national opportunity-to-
        learn standards shall be sufficiently general to be used by any 
        State without unduly restricting State and local prerogatives 
        regarding instructional methods to be employed.
            (3) Elements addressed.--The voluntary national 
        opportunity-to-learn standards certified by the Council shall 
        address--
                    (A) the quality and availability of curricula, 
                instructional materials, and technologies;
                    (B) the capability of teachers to provide high-
                quality instruction to meet diverse learning needs in 
                each content area;
                    (C) the extent to which teachers and administrators 
                have ready and continuing access to professional 
                development, including the best knowledge about 
                teaching, learning, and school improvement;
                    (D) the extent to which curriculum, instructional 
                practices, and assessments are aligned to content 
                standards;
                    (E) the extent to which school facilities provide a 
                safe and secure environment for learning and 
                instruction and have the requisite libraries, 
                laboratories, and other resources necessary to provide 
                an opportunity-to-learn; and
                    (F) other factors that the Council deems 
                appropriate to ensure that all students receive a fair 
                opportunity to achieve the knowledge and skills 
                described in the voluntary national content standards 
                and the voluntary national student performance 
                standards certified by the Council.
            (4) Additional duties.--In carrying out this subsection, 
        the Council shall--
                    (A) identify what other countries with rigorous 
                content standards do to--
                            (i) provide their children with 
                        opportunities to learn;
                            (ii) prepare their teachers; and
                            (iii) provide continuing professional 
                        development opportunities for their teachers; 
                        and
                    (B) develop criteria to be used for certifying the 
                voluntary national opportunity-to-learn standards and, 
                before applying such criteria, forward such criteria to 
                the Goals Panel for approval.
            (5) Recommendations and coordination.--The Council shall 
        assist in the development of the voluntary national 
        opportunity-to-learn standards by--
                    (A) making recommendations to the Secretary 
                regarding priorities and selection criteria for each 
                grant awarded under section 218; and
                    (B) coordinating with each consortium receiving a 
                grant under section 218 to ensure that the opportunity-
                to-learn standards the consortium develops for all 
                students are of high quality and are consistent with 
                the criteria developed by the Council for the 
                certification of such standards.
            (6) Approval.--The Council shall forward the voluntary 
        national opportunity-to-learn standards that the Council 
        certifies to the Goals Panel for approval.
    (d) Voluntary State Opportunity-To-Learn Standards.--The Council 
may certify comprehensive State opportunity-to-learn standards 
presented on a voluntary basis by a State that--
            (1) describe the conditions of teaching and learning 
        necessary for all students to have a fair opportunity to learn; 
        and
            (2) address the elements described in section 213(c)(3).
    (e) Assessments.--
            (1) In general.--(A) The Council shall certify, for a 
        period not to exceed 5 years, an assessment of a single subject 
        area or a system of assessments involving several subject areas 
        presented on a voluntary basis by a State or group of States if 
        such assessment or system of assessments--
                    (i) is aligned with such State's or group of 
                States' challenging State content standards certified 
                by the Council;
                    (ii) involves multiple measures of student 
                performance; and
                    (iii) provides for--
                            (I) the participation of all students with 
                        diverse learning needs in such assessment or 
                        system; and
                            (II) the adaptations and accommodations 
                        necessary to permit such participation.
            (B) Assessments or systems of assessments shall be 
        certified for the purpose of--
                    (i) exemplifying for students, parents, and 
                teachers the kinds and levels of achievement that 
                should be expected, including the identification of 
                student performance standards;
                    (ii) improving classroom instruction and improving 
                the learning outcomes for all students;
                    (iii) informing students, parents, and teachers 
                about student progress toward such standards;
                    (iv) measuring and motivating individual students, 
                schools, districts, States, and the Nation to improve 
                educational performance; and
                    (v) assisting education policymakers in making 
                decisions about education programs.
            (2) Implementation.--(A)(i) The Council shall develop, and 
        not sooner than 3 years nor later than 4 years after the date 
        of enactment of this Act, begin utilizing, criteria for the 
        certification of an assessment or a system of assessments in 
        accordance with this subsection.
            (ii) The Council shall not certify an assessment or system 
        of assessments for a period of 3 years beginning on the date of 
        enactment of this Act, if such assessment or system will be 
        used to make decisions regarding graduation, grade promotion, 
        or retention of students.
            (iii) Before utilizing the criteria described in clause 
        (i), the Council shall forward such criteria to the Goals Panel 
        for approval.
            (B) The certification criteria described in this paragraph 
        shall address the extent to which an assessment or a system of 
        assessments--
                    (i)(I) is aligned with a State's or a group of 
                States' challenging State content standards, if such 
                State or group has challenging State content standards 
                that have been certified by the Council; and
                    (II) will support effective curriculum and 
                instruction;
                    (ii) is to be used for a purpose for which such 
                assessment or system is valid, reliable, fair, and free 
                of discrimination; and
                    (iii) includes all students, especially students 
                with disabilities or with limited-English proficiency.
            (C) In determining appropriate certification criteria under 
        this paragraph, the Council shall--
                    (i) consider standards and criteria being developed 
                by other national organizations and recent research on 
                assessment;
                    (ii) recommend needed research;
                    (iii) encourage the development and field testing 
                of assessments or systems of assessments; and
                    (iv) provide a public forum for discussing, 
                debating, and building consensus for the criteria to be 
                used for the certification of assessments or systems of 
                assessments.
            (D) Prior to determining the certification criteria 
        described in this paragraph, the Council shall take public 
        comment on its proposed certification criteria.
    (f) Performance of Duties.--In carrying out its responsibilities 
under this title, the Council shall--
            (1) work with Federal and non-Federal departments, 
        agencies, or organizations that are conducting research, 
        studies, or demonstration projects to determine internationally 
        competitive education standards and assessments, and may 
        establish subject matter and other panels to advise the Council 
        on particular content, student performance, and opportunity-to-
        learn standards and on assessments or systems of assessments;
            (2) establish cooperative arrangements with the National 
        Skill Standards Board to promote the coordination of the 
        development of content and student performance standards under 
        this title with the development of skill standards described in 
        title V;
            (3) recommend studies to the Secretary that are necessary 
        to carry out the Council's responsibilities;
            (4) inform the public about what constitutes high quality, 
        internationally competitive, content, student performance, and 
        opportunity-to-learn standards, and assessments or systems of 
        assessments;
            (5) on a regular basis, review and update criteria for 
        certifying content, student performance, and opportunity-to-
        learn standards, and assessments or systems of assessments; and
            (6) periodically recertify, as appropriate, the voluntary 
        national content standards, the voluntary national student 
        performance standards, and the voluntary national opportunity-
        to-learn standards.
    (g) Construction.--Nothing in this Act shall be construed to--
            (1) require any State to have standards certified pursuant 
        to subsection (b) or (d) in order to participate in any Federal 
        program; or
            (2) create a legally enforceable right for any person 
        against a State, local educational agency, or school based on a 
        standard or assessment certified by the Council or the criteria 
        developed by the Council for such certification.

SEC. 214. ANNUAL REPORTS.

    Not later than 1 year after the date the Council concludes its 
first meeting, and each year thereafter, the Council shall prepare and 
submit a report regarding its work to the President, the Secretary, the 
appropriate committees of the Congress, the Governor of each State, and 
the Goals Panel.

SEC. 215. POWERS OF THE COUNCIL.

    (a) Hearings.--
            (1) In general.--The Council shall, for the purpose of 
        carrying out its responsibilities, conduct such hearings, sit 
        and act at such times and places, take such testimony, and 
        receive such evidence, as the Council considers appropriate.
            (2) Location.--In carrying out this part, the Council shall 
        conduct public hearings in different geographic areas of the 
        United States, both urban and rural, to receive the reports, 
        views, and analyses of a broad spectrum of experts and the 
        public on the establishment of voluntary national content 
        standards, voluntary national student performance standards, 
        voluntary national opportunity-to-learn standards, and 
        assessments or systems of assessments described in section 
        213(e).
    (b) Information.--The Council may secure directly from any 
department or agency of the Federal Government information necessary to 
enable the Council to carry out this part. Upon request of the 
Chairperson of the Council, the head of such department or agency shall 
furnish such information to the Council to the extent permitted by law.
    (c) Postal Services.--The Council may use the United States mail in 
the same manner and under the same conditions as other departments and 
agencies of the Federal Government.
    (d) Gifts; Use of Facilities.--The Council may--
            (1) accept, administer, and utilize gifts or donations of 
        services, money, or property, whether real or personal, 
        tangible or intangible; and
            (2) use the research, equipment, services, and facilities 
        of any department, agency, or instrumentality of the United 
        States, or of any State or political subdivision thereof with 
        the consent of such department, agency, instrumentality, State 
        or subdivision, respectively.
    (e) Administrative Arrangements and Support.--
            (1) In general.--The Secretary shall provide to the 
        Council, on a reimbursable basis, such administrative support 
        services as the Council may request.
            (2) Contracts and other arrangements.--The Secretary, to 
        the extent appropriate and on a reimbursable basis, shall enter 
        into contracts and other arrangements that are requested by the 
        Council to help the Council compile and analyze data or carry 
        out other functions necessary to the performance of the 
        Council's responsibilities.

SEC. 216. ADMINISTRATIVE PROVISIONS.

    (a) Meetings.--The Council shall meet on a regular basis, as 
necessary, at the call of the Chairperson of the Council or a majority 
of its members.
    (b) Quorum.--A majority of the members shall constitute a quorum 
for the transaction of business.
    (c) Voting.--The Council shall take all action of the Council by a 
majority vote of the total membership of the Council, ensuring the 
right of the minority to issue written views. No individual may vote or 
exercise any of the powers of a member by proxy.
    (d) Public Access.--The Council shall ensure public access to its 
proceedings (other than proceedings, or portions of proceedings, 
relating to internal personnel and management matters) and shall make 
available to the public, at reasonable cost, transcripts of such 
proceedings.

SEC. 217. DIRECTOR AND STAFF; EXPERTS AND CONSULTANTS.

    (a) Director.--The Chairperson of the Council, without regard to 
the provisions of title 5, United States Code, relating to the 
appointment and compensation of officers or employees of the United 
States, shall appoint a Director to be paid at a rate not to exceed the 
rate of basic pay payable for level V of the Executive Schedule.
    (b) Appointment and Pay of Employees.--
            (1) In general.--(A) The Director may appoint not more than 
        4 additional employees to serve as staff to the Council without 
        regard to the provisions of title 5, United States Code, 
        governing appointments in the competitive service.
            (B) The employees appointed under subparagraph (A) may be 
        paid without regard to the provisions of chapter 51 and 
        subchapter III of chapter 53 of that title relating to 
        classification and General Schedule pay rates, but shall not be 
        paid a rate that exceeds the maximum rate of basic pay payable 
        for GS-15 of the General Schedule.
            (2) Additional employees.--The Director may appoint 
        additional employees to serve as staff of the Council 
        consistent with title 5, United States Code.
    (c) Experts and Consultants.--The Council may procure temporary and 
intermittent services under section 3109(b) of title 5, United States 
Code.
    (d) Staff of Federal Agencies.--Upon the request of the Council, 
the head of any department or agency of the Federal Government may 
detail any of the personnel of such department or agency to the Council 
to assist the Council in carrying out its duties under this part.

SEC. 218. OPPORTUNITY-TO-LEARN DEVELOPMENT GRANTS.

    (a) Opportunity-To-Learn Development Grants.--
            (1) In general.--The Secretary is authorized to award more 
        than one grant, on a competitive basis, to consortia of 
        individuals and organizations to enable such consortia to 
        develop voluntary national opportunity-to-learn standards, and 
        a listing of model programs for use, on a voluntary basis, by 
        States in--
                    (A) assessing the capacity and performance of 
                individual schools; and
                    (B) developing appropriate actions to be taken in 
                the event that the schools fail to achieve such 
                standards.
            (2) Composition of consortium.--To the extent possible, 
        each consortium described in paragraph (1) shall include the 
        participation of--
                    (A) Governors (other than Governors serving on the 
                Goals Panel);
                    (B) chief State school officers;
                    (C) teachers, especially teachers involved in the 
                development of content standards, and related services 
                personnel;
                    (D) principals;
                    (E) superintendents;
                    (F) State and local school board members;
                    (G) curriculum and school reform experts;
                    (H) parents;
                    (I) State legislators;
                    (J) representatives of businesses;
                    (K) representatives of higher education;
                    (L) representatives of regional accrediting 
                associations;
                    (M) representatives of advocacy groups; and
                    (N) secondary school students.
    (b) Applications.--Each consortium that desires to receive a grant 
under this subsection shall submit an application to the Secretary at 
such time, in such manner, and containing such information and 
assurances as the Secretary may require.
    (c) Award Consideration.--In establishing priorities and selection 
criteria for awarding more than one grant under this section, the 
Secretary shall give serious consideration to the recommendations made 
by the Council pursuant to section 213(c)(5)(A).

              PART C--LEADERSHIP IN EDUCATIONAL TECHNOLOGY

SEC. 221. PURPOSES.

    It is the purpose of this part to promote achievement of the 
National Education Goals and--
            (1) to provide leadership at the Federal level, through the 
        Department of Education, 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 at the State and 
                local level;
                    (B) to coordinate educational technology activities 
                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 and administrators regarding the 
        integration of technology into instruction and administration;
            (7) to promote the effective uses of technology in existing 
        Federal education programs, such as chapter 1 of title I of the 
        Elementary and Secondary Education Act of 1965 and vocational 
        education programs; and
            (8) to monitor, and disseminate information regarding, 
        advancements in technology to encourage the development of 
        effective educational uses of technology.

SEC. 222. 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 
        part, the Secretary, in consultation with the Office of Science 
        and Technology Policy, the National Science Foundation, the 
        Department of Commerce, the Department of Energy, the National 
        Aeronautics and Space Administration, and other appropriate 
        Federal departments or agencies, may carry out activities 
        designed to achieve the purposes of this part.
            (2) Transfer of funds.--For the purpose of carrying out 
        coordinated or joint activities to achieve the purposes of this 
        part, the Secretary may accept funds from, and 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 this Act, 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 part.
            (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 educational 
                applications of technology, representatives of a 
                distance learning consortia, representatives of 
                telecommunications partnerships receiving assistance 
                under the Star Schools Program Assistance 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 part, including--
                    (A) how the Secretary will encourage the effective 
                use of technology to provide all students the 
                opportunity to achieve challenging State content 
                standards and challenging State student performance 
                standards, especially through programs administered by 
                the Department of Education;
                    (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 Aeronautics and Space Administration, the 
                National Science Foundation, 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 concentration 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; and
                            (v) 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 utilize the outcomes of 
                the evaluation undertaken pursuant to section 908 of 
                the Star Schools Program Assistance Act to promote the 
                purposes of this part; and
                    (G) the Secretary's long-range measurable goals and 
                objectives relating to the purposes of this part.
    (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 316.

SEC. 223. OFFICE OF EDUCATIONAL TECHNOLOGY.

    (a) Amendment to the Department of Education Organization Act.--
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 educational technology

    ``Sec. 216. There shall be in the Department of Education an Office 
of Educational Technology, to be administered by the Director of 
Educational Technology. The Director of Educational Technology shall 
report directly to the Secretary and shall perform such additional 
functions as the Secretary may prescribe. Such Office shall be 
established in accordance with section 405A of the General Education 
Provisions Act.''.
    (b) Amendment to the General Education Provisions Act.--Part A of 
the General Education Provisions Act (20 U.S.C. 1221c et seq.) is 
amended by inserting after section 405 the following new section:

``SEC. 405A. OFFICE OF EDUCATIONAL TECHNOLOGY.

    ``(a) Establishment.--The Secretary shall establish an Office of 
Educational Technology (hereafter in this section referred to as the 
`Office').
    ``(b) Functions of the Office.--The Director of the Office of 
Educational Technology (hereafter in this section referred to as the 
`Director'), through the Office, shall--
            ``(1) in support of the overall national technology policy 
        and in consultation with other Federal departments or agencies 
        which the Director determines appropriate, provide leadership 
        to the Nation in the use of technology to promote achievement 
        of the National Education Goals and to increase opportunities 
        for all students to achieve challenging State content and 
        challenging State student performance standards;
            ``(2) review all programs and training functions 
        administered by the Department and recommend policies in order 
        to promote increased use of technology and technology planning 
        throughout all such programs and functions;
            ``(3) review all relevant programs supported by the 
        Department to ensure that such programs are coordinated with 
        and support the national long-range technology plan developed 
        pursuant to this Act; and
            ``(4) perform such additional functions as the Secretary 
        may require.
    ``(c) Personnel.--The Director is authorized to select, appoint, 
and employ such officers and employees as may be necessary to carry out 
the functions of the Office, subject to the provisions of title 5, 
United States Code (governing appointments in the competitive service), 
and the provisions of chapter 51 and subchapter III of chapter 53 of 
such title (relating to classification and General Schedule pay rates.
    ``(d) Experts and Consultants.--The Secretary may obtain the 
services of experts and consultants in accordance with section 3109 of 
title 5, United States Code.''.
    (c) Compensation of the director.--Section 5315 of title 5, United 
States Code, is amended by adding at the end the following:
            ``Director of the Office of Educational Technology.''.

SEC. 224. USES OF FUNDS.

    (a) In General.--The Secretary shall use funds appropriated 
pursuant to the authority of section 231(d) for activities designed to 
carry out the purpose of this part, including--
            (1) providing assistance to technical assistance providers 
        to enable such providers to improve substantially the services 
        such providers offer to educators regarding the educational 
        uses of technology, including professional development;
            (2) consulting with representatives of industry, elementary 
        and secondary education, higher education, and appropriate 
        experts in technology and the educational applications of 
        technology, in carrying out the activities assisted under this 
        part;
            (3) research on, and the development of, guidelines to 
        facilitate maximum interoperability, efficiency and easy 
        exchange of data for effective use of technology in education;
            (4) research on, and the development of, educational 
        applications of the most advanced and newly emerging 
        technologies;
            (5) 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;
            (6) 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, challenging State content standards 
        and challenging State student performance standards;
            (7) the development, demonstration, and evaluation of model 
        strategies for preparing teachers and other personnel to use 
        technology effectively to improve teaching and learning;
            (8) the development of model programs that demonstrate the 
        educational effectiveness of technology in urban and rural 
        areas and economically distressed communities;
            (9) 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;
            (10) a biannual 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 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;
            (11) conferences on, and dissemination of information 
        regarding, the uses of technology in education;
            (12) the development of model strategies to promote gender 
        equity in the use of technology;
            (13) encouraging collaboration between the Department of 
        Education and other Federal agencies in the development, 
        implementation, evaluation and funding of applications of 
        technology for education, as appropriate; and
            (14) such other activities as the Secretary determines will 
        meet the purposes of this part.
    (b) Special Rules.--
            (1) In general.--The Secretary shall carry out the 
        activities described in subsection (a) directly or by grant or 
        contract.
            (2) Grants and contracts.--Each grant or contract under 
        this part shall be awarded--
                    (A) on a competitive basis; and
                    (B) pursuant to a peer review process.

SEC. 225. NON-FEDERAL SHARE.

    (a) In General.--Subject to subsections (b) and (c), the Secretary 
may require any recipient of a grant or contract under this part 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.
    (b) Increase.--The Secretary may increase the non-Federal share 
that is required of a recipient of a grant or contract under this part 
after the first year such recipient receives funds under such grant or 
contract.
    (c) 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 part.

SEC. 226. OFFICE OF TRAINING TECHNOLOGY TRANSFER.

    (a) Transfer.--
            (1) In general.--The Office of Training Technology Transfer 
        as established under section 6103 of the Training Technology 
        Transfer Act of 1988 (20 U.S.C. 5093) is transferred to the 
        Office of Educational Technology.
            (2) Technical amendment.--The first sentence of section 
        6103(a) of the Training Technology Transfer Act of 1988 (20 
        U.S.C. 5093(a)) is amended by striking ``Office of Educational 
        Research and Improvement'' and inserting ``Office of 
        Educational Technology''.
    (b) Authorization of Appropriations.--The Training Technology 
Transfer Act of 1988 (20 U.S.C. 5091 et seq.) is amended by adding at 
the end the following new section:

``SEC. 6108. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated $3,000,000 for fiscal 
year 1995, and such sums as may be necessary for each of the fiscal 
years 1996 through 1999, to carry out this chapter.''.

                PART D--AUTHORIZATION OF APPROPRIATIONS

SEC. 231. AUTHORIZATION OF APPROPRIATIONS.

    (a) National Education Goals Panel.--There are authorized to be 
appropriated $3,000,000 for fiscal year 1994, and such sums as may be 
necessary for each of the 4 succeeding fiscal years, to carry out part 
A.
    (b) National Education Standards and Improvement Council.--There 
are authorized to be appropriated $3,000,000 for fiscal year 1994, and 
such sums as may be necessary for each of the 4 succeeding fiscal 
years, to carry out part B.
    (c) Opportunity-To-Learn Development Grants.--There are authorized 
to be appropriated $1,000,000 for fiscal year 1994, and such sums as 
may be necessary for fiscal year 1995, to carry out section 219.
    (d) Leadership in Educational Technology.--There are authorized to 
be appropriated $5,000,000 for the fiscal year 1994, and such sums as 
may be necessary for each of the fiscal years 1995 through 1998, to 
carry out part C.

       TITLE III--STATE AND LOCAL EDUCATION SYSTEMIC IMPROVEMENT

SEC. 301. FINDINGS.

    The Congress finds that--
            (1) all students can learn to high standards and must 
        realize their potential if the United States is to prosper;
            (2) the reforms in education from 1977 through 1992 have 
        achieved some good results, but such reform efforts often have 
        been limited to a few schools or to a single part of the 
        educational system;
            (3) leadership must come from teachers, related services 
        personnel, principals, and parents in individual schools, and 
        from policymakers at the local, State, tribal, and national 
        levels, in order for lasting improvements in student 
        performance to occur;
            (4) simultaneous top-down and bottom-up education reform is 
        necessary to spur creative and innovative approaches by 
        individual schools to help all students achieve internationally 
        competitive standards;
            (5) strategies must be developed by communities and States 
        to support the revitalization of all local public schools by 
        fundamentally changing the entire system of public education 
        through comprehensive, coherent, and coordinated improvement;
            (6) parents, teachers and other local educators, and 
        business, community, and tribal leaders, must be involved in 
        developing system-wide improvement strategies that reflect the 
        needs of their individual communities;
            (7) all students are entitled to teaching practices that 
        are in accordance with accepted standards of professional 
        practice and that hold the greatest promise of improving 
        student performance;
            (8) all students are entitled to participate in a broad and 
        challenging curriculum and to have access to resources 
        sufficient to address other education needs;
            (9) State and local education improvement efforts must 
        incorporate strategies for providing students and families with 
        coordinated access to appropriate social services, health care, 
        nutrition, early childhood education, and child care to remove 
        preventable barriers to learning and enhance school readiness 
        for all students;
            (10) States and local educational agencies, working 
        together, must immediately set about developing and 
        implementing such system-wide improvement strategies if our 
        Nation is to educate all children to meet their full potential 
        and achieve the National Education Goals described in title I;
            (11) State and local systemic improvement strategies must 
        provide all students with effective mechanisms and appropriate 
        paths to the work force as well as to higher education;
            (12) businesses should be encouraged--
                    (A) to enter into partnerships with schools;
                    (B) to provide information and guidance to schools 
                based on the needs of area businesses for properly 
                educated graduates in general and on the need for 
                particular workplace skills that the schools may 
                provide;
                    (C) to provide necessary education and training 
                materials and support; and
                    (D) to continue the lifelong learning process 
                throughout the employment years of an individual;
            (13) the appropriate and innovative use of technology, 
        including distance learning, can be very effective in helping 
        to provide all students with the opportunity to learn and meet 
        high standards;
            (14) Federal funds should be targeted to support State and 
        local initiatives, and to leverage State and local resources 
        for designing and implementing system-wide education 
        improvement plans; and
            (15) quality education management services are being 
        utilized by local educational agencies and schools through 
        contractual agreements between local educational agencies or 
        schools and such businesses.

SEC. 302. PURPOSE.

    It is the purpose of this title to--
            (1) improve the quality of education for all students by 
        supporting a long-term, broad-based effort to provide coherent 
        and coordinated improvements in the system of education 
        throughout our Nation at the State and local levels;
            (2) provide new authorities and funding for our Nation's 
        school systems;
            (3) not replace or reduce funding for existing Federal 
        education programs; and
            (4) ensure that no State or local educational agency will 
        reduce its funding for education or for education reform on 
        account of receiving any funds under this title.

SEC. 303. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated $400,000,000 for the fiscal 
year 1994, and such sums as may be necessary for each of the fiscal 
years 1995 through 1998, to carry out this title.

SEC. 304. ALLOTMENT OF FUNDS.

    (a) Reservations of Funds.--From funds appropriated pursuant to the 
authority of section 303 in each fiscal year, the Secretary--
            (1) shall reserve a total of 1 percent to provide 
        assistance, in amounts determined by the Secretary--
                    (A) to the outlying areas;
                    (B) to the Secretary of the Interior to benefit 
                Indian students in schools operated or funded by the 
                Bureau of Indian Affairs; and
                    (C) to the Alaska Federation of Natives in 
                cooperation with the Alaska Native Education Council to 
                benefit Alaska Native students; and
            (2) may reserve a total of not more than 4 percent for--
                    (A) national leadership activities under 
                subsections (a), (b) and (d) of section 313; and
                    (B) the costs of peer review of State improvement 
                plans and applications under this title.
    (b) State Allotments.--From the amount appropriated under section 
303 and not reserved under subsection (a) in each fiscal year the 
Secretary shall make allotments to State educational agencies as 
follows:
            (1) 50 percent of such amount shall be allocated in 
        accordance with the relative amounts each State would have 
        received under chapter 1 of title I of the Elementary and 
        Secondary Education Act of 1965 for the preceding fiscal year 
        if funds under such chapter in such preceding fiscal year were 
        not reserved for the outlying areas.
            (2) 50 percent of such amount shall be allocated in 
        accordance with the relative amounts each State would have 
        received under part A of chapter 2 of title I of the Elementary 
        and Secondary Education Act of 1965 for the preceding fiscal 
        year if funds under such chapter in such preceding fiscal year 
        were not reserved for the outlying areas.
    (c) Reallotments.--If the Secretary determines that any amount of a 
State educational agency's allotment for any fiscal year under 
subsection (b) will not be needed for such fiscal year by the State, 
the Secretary shall reallot such amount to other State educational 
agencies that need additional funds, in such manner as the Secretary 
determines is appropriate.
    (d) Maintenance of Effort.--Each recipient of funds under this 
title, in utilizing the proceeds of an allotment received under this 
title, shall maintain the expenditures of such recipient for the 
activities assisted under this title at a level equal to not less than 
the level of such expenditures maintained by such recipient for the 
fiscal year preceding the fiscal year for which such allotment is 
received, except that provisions of this section shall not apply in any 
fiscal year in which the amount appropriated to carry out this title is 
less than the amount appropriated to carry out this title in the 
preceding fiscal year.
    (e) Supplement Not Supplant.--Each recipient of funds under this 
title, may use the proceeds of an allotment received under this title 
only so as 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 activities assisted 
under this title.

SEC. 305. STATE APPLICATIONS.

    (a) Application.--
            (1) In general.--Each State educational agency that desires 
        to receive an allotment under this title shall submit an 
        application to the Secretary at such time and in such manner as 
        the Secretary may determine.
            (2) Additional information.--In addition to the information 
        described in subsections (b) and (c), each such application 
        shall include--
                    (A) an assurance that the State educational agency 
                will cooperate with the Secretary in carrying out the 
                Secretary's responsibilities under section 313, and 
                will comply with reasonable requests of the Secretary 
                for data related to the State's progress in developing 
                and implementing its State improvement plan under this 
                title;
                    (B) an assurance that State law provides adequate 
                authority to carry out each component of the State's 
                improvement plan developed, or to be developed, under 
                section 306, or that such authority will be sought; and
                    (C) such other assurances and information as the 
                Secretary may require.
    (b) First Year.--A State educational agency's application for the 
first year of assistance under this title shall--
            (1) describe the process by which the State educational 
        agency will develop a school improvement plan that meets the 
        requirements of section 306; and
            (2) describe how the State educational agency will use 
        funds received under this title for such year, including how 
        such agency will make subgrants to local educational agencies 
        in accordance with section 309(a), and how such agency will use 
        funds received under this title for education preservice 
        programs and professional development activities in accordance 
        with section 309(b).
    (c) Subsequent Years.--A State educational agency's application for 
the second year of assistance under this title shall--
            (1) cover the second through fifth years of the State's 
        participation;
            (2) include a copy of the State's improvement plan that 
        meets the requirements of section 306, or if the State 
        improvement plan is not complete, a statement of the steps the 
        State will take to complete the plan and a schedule for doing 
        so; and
            (3) include an explanation of how the State educational 
        agency will use funds received under this title, including how 
        such agency will make subgrants to local educational agencies 
        in accordance with section 309(a), and how such agency will use 
        such funds received under this title for education preservice 
        programs and professional development activities in accordance 
        with section 309(b).

SEC. 306. STATE IMPROVEMENT PLANS.

    (a) Basic Scope of Plan.--Any State educational agency that desires 
to receive an allotment under this title after its first year of 
participation shall develop and implement a State improvement plan for 
the improvement of elementary and secondary education in the State.
    (b) Plan Development.--
            (1) In general.--A State improvement plan under this title 
        shall be developed by a broad-based State panel in cooperation 
        with the State educational agency and the Governor. The panel 
        shall include--
                    (A) the Governor and the chief State school 
                officer, or their designees;
                    (B) the chairperson of the State board of education 
                and the chairpersons of the appropriate authorizing 
                committees of the State legislature, or their 
                designees;
                    (C) school teachers, related services personnel, 
                principals, and administrators who have successfully 
                improved student performance; and
                    (D) representatives of teachers' organizations, 
                organizations serving young children, parents, 
                secondary school students, business and labor leaders, 
                community-based organizations of demonstrated 
                effectiveness, institutions of higher education, 
                private, nonprofit elementary and secondary schools, 
                local boards of education, State and local officials, 
                tribal agencies, as appropriate, and others.
            (2) Appointment.--The Governor and the chief State school 
        officer shall each appoint half the members of the panel and 
        shall jointly select the Chairperson of the panel and the 
        representative of a private, nonprofit elementary and secondary 
        school described in paragraph (1)(D).
            (3) Representation.--The membership of the panel shall be 
        geographically representative of the State and reflect the 
        diversity of the population of the State with regard to race, 
        ethnicity, gender and disability characteristics.
            (4) Consultation.--The panel shall consult the Governor, 
        the chief State school officer, the State board of education, 
        and relevant committees of the State legislature in developing 
        the State improvement plan.
            (5) Outreach.--The panel shall be responsible for 
        conducting a statewide, grassroots outreach process, including 
        conducting public hearings, to involve educators, related 
        services personnel, parents, local officials, tribal government 
        officials, as appropriate, individuals representing private 
        nonprofit elementary and secondary schools, community and 
        business leaders, citizens, children's advocates, secondary 
        school students, and others with a stake in the success of 
        students and their education system, and who are representative 
        of the diversity of the State and the State's student 
        population, including students of limited-English proficiency, 
        American Indian, Alaska Native, and Native Hawaiian students, 
        and students with disabilities, in the development of the State 
        improvement plan and in a continuing dialogue regarding the 
        need for and nature of challenging standards for students and 
        local and State responsibilities for helping all students 
        achieve such standards in order to assure that the development 
        and implementation of the State improvement plan reflects local 
        needs and experiences and does not result in a significant 
        increase in paperwork for teachers.
            (6) Procedure and approval.--The panel shall develop a 
        State improvement plan, provide opportunity for public comment, 
        and submit such plan to the State educational agency for 
        approval.
            (7) Submission.--The State educational agency shall submit 
        the original State improvement plan developed by the panel and 
        the State improvement plan modified by such agency, together 
        with an explanation of any changes made by such agency to the 
        plan developed by the panel, to the Secretary for approval.
            (8) Matters not under the jurisdiction of the state 
        educational agency.--If any portion of a State improvement plan 
        addresses matters that, under State or other applicable law, 
        are not under the authority of the State educational agency, 
        the State educational agency shall obtain the approval of, or 
        changes to, such portion, with an explanation thereof, from the 
        Governor or other official responsible for that portion before 
        submitting such plan to the Secretary.
            (9) Monitoring; revisions; reporting.--After approval of 
        the State improvement plan by the Secretary, the panel shall be 
        informed of progress on such plan by the State educational 
        agency, and such agency, in close consultation with teachers, 
        principals, administrators, advocates and parents in local 
        educational agencies and schools receiving funds under this 
        title, shall monitor the implementation and operation of such 
        plan. The panel shall review such plan, and based on the 
        progress described in the preceding sentence, determine if 
        revisions to such plan are appropriate and necessary. The panel 
        shall periodically report such determination to the public.
    (c) Teaching, Learning, Standards, and Assessments.--Each State 
improvement plan shall establish strategies for meeting the National 
Education Goals described in title I by improving teaching and learning 
and students' mastery of basic and advanced skills to achieve a higher 
level of learning and academic accomplishment in English, math, 
science, United States history, geography, foreign languages and the 
arts, civics, government, economics, physics, and other core curricula, 
and such strategies shall involve broad-based and ongoing classroom 
teacher input, such as--
            (1) a process for developing or adopting challenging State 
        content standards and challenging State student performance 
        standards for all students;
            (2) a process for providing assistance and support to local 
        educational agencies and schools to strengthen the capacity and 
        responsibility of such agencies and schools to provide all of 
        their students the opportunity to meet challenging State 
        content standards and challenging State student performance 
        standards;
            (3) a process for developing or recommending instructional 
        materials and technology to support and assist local 
        educational agencies and schools to provide all of their 
        students the opportunity to meet the challenging State content 
        standards and challenging State student performance standards;
            (4) a process for developing and implementing a valid, 
        fair, nondiscriminatory, and reliable assessment or system of 
        assessments--
                    (A) which assessment or system shall--
                            (i) be aligned with such State's content 
                        standards;
                            (ii) involve multiple measures of student 
                        performance;
                            (iii) provide for--
                                    (I) the participation of all 
                                students with diverse learning needs in 
                                such assessment or system; and
                                    (II) the adaptations and 
                                accommodations necessary to permit such 
                                participation;
                            (iv) be consistent with relevant, 
                        nationally recognized professional and 
                        technical standards for such assessment or 
                        system;
                            (v) be capable of providing coherent 
                        information about student attainments relative 
                        to the State content standards; and
                            (vi) support effective curriculum and 
                        instruction; and
                    (B) which process shall provide for monitoring the 
                implementation of such assessment, system or set and 
                the impact of such assessment, system or set on 
                improved instruction for all students; and
            (5) a process for improving the State's system of teacher 
        and school administrator preparation and licensure, and of 
        continuing professional development programs, including the use 
        of technology at both the State and local levels, so that all 
        teachers, related services personnel, and administrators 
        develop the subject matter and pedagogical expertise needed to 
        prepare all students to meet the challenging standards 
        described in paragraph (1).
    (d) Opportunity-To-Learn Strategies.--Each State improvement plan 
shall establish strategies for providing all students with an 
opportunity to learn.
    (e) Accountability and Management.--Each State plan shall establish 
strategies for improved accountability and management of the education 
system of the State.
    (f) Parental and Community Support and Involvement.--Each State 
improvement plan shall describe comprehensive strategies to involve 
communities, including community representatives such as parents, 
businesses, institutions of higher education, libraries, cultural 
institutions, employment and training agencies, health and human 
service agencies, intergenerational mentoring programs, and other 
public and private nonprofit agencies that provide nonsectarian social 
services, health care, child care, early childhood education, and 
nutrition to students, in helping all students meet the challenging 
State standards.
    (g) Making the Improvements System-Wide.--In order to help provide 
all students throughout the State the opportunity to meet challenging 
State content standards and challenging State student performance 
standards, each State improvement plan shall describe the various 
strategies for ensuring that all local educational agencies and schools 
within the State are involved in developing and implementing needed 
improvements within a specified period of time.
    (h) Promoting Bottom-Up Reform.--Each State improvement plan shall 
include strategies for ensuring that comprehensive, systemic reform is 
promoted from the bottom up in communities, local educational agencies, 
and schools, and is guided by coordination and facilitation from State 
leaders.
    (i) Benchmarks and Timelines.--Each State improvement plan shall 
include specific benchmarks of improved student performance and of 
progress in implementing such plan, and timelines against which the 
progress of the State in carrying out such plan, including the elements 
described in subsections (c) through (h), can be measured.
    (j) Peer Review and Secretarial Approval.--
            (1) In general.--(A) The Secretary shall review, within a 
        reasonable period of time, each State improvement plan prepared 
        under this section, and each application submitted under 
        section 305, through a peer review process involving the 
        assistance and advice of State and local education 
        policymakers, educators, classroom teachers, related services 
        personnel, experts on educational innovation and improvement, 
        parents, advocates, and other appropriate individuals. Such 
        peer review process shall be representative of the diversity of 
        the United States with regard to geography, race, ethnicity, 
        gender and disability characteristics. Such peer review process 
        shall include at least 1 site visit to each State.
            (B) Notwithstanding the provisions of subparagraph (A), in 
        the first year that a State educational agency submits an 
        application for assistance under this title the Secretary shall 
        not be required to--
                    (i) review such application through a peer review 
                process; and
                    (ii) conduct a site visit.
            (2) Approval of plan.--The Secretary shall approve a State 
        improvement plan if--
                    (A) such plan is submitted to the Secretary not 
                later than 2 years after the date the State educational 
                agency receives its first allotment under section 
                304(b); and
                    (B) the Secretary determines, after considering the 
                peer reviewers' comments, that such plan--
                            (i) reflects a widespread commitment within 
                        the State; and
                            (ii) holds reasonable promise of helping 
                        all students.
            (3) Disapproval.--The Secretary shall not disapprove a 
        State's plan, or any State application submitted under section 
        305, before offering the State--
                    (A) an opportunity to revise such plan or 
                application; and
                    (B) a hearing.
    (k) Amendments to Plan.--
            (1) In general.--Each State educational agency shall 
        periodically review its State improvement plan and revise such 
        plan, as appropriate, in accordance with the process described 
        in subsection (b).
            (2) Review.--The Secretary shall review any major amendment 
        to a State improvement plan and shall not disapprove any such 
        amendment before offering a State educational agency--
                    (A) an opportunity to revise such amendment; and
                    (B) a hearing.
    (l) Preexisting State Plans and Panels.--
            (1) In general.--If a State has developed a comprehensive 
        and systemic State improvement plan to help all students meet 
        challenging State content standards and challenging State 
        student performance standards, or any component of such plan, 
        that meets the intent and purposes of section 302, the 
        Secretary shall approve such plan or component notwithstanding 
        that such plan was not developed in accordance with subsection 
        (b), if--
                    (A) the Secretary determines that such approval 
                would further the purposes of State systemic education 
                improvement; and
                    (B) such plan ensures broad-based input from 
                various education, political, community, and other 
                appropriate representatives.
            (2) Special rule.--(A) If, before the date of enactment of 
        this Act, a State has made substantial progress in developing a 
        plan that meets the intent and purposes of section 302, but was 
        developed by a panel that does not meet the requirements of 
        paragraphs (1) through (3) of subsection (b), the Secretary 
        shall, at the request of the Governor and the State educational 
        agency, treat such panel as meeting such requirements for all 
        purposes of this title if the Secretary determines that there 
        has been substantial public and educator involvement in the 
        development of such plan.
            (B) If a State has not developed a State improvement plan 
        but has an existing panel which such State would like to use 
        for the purpose of developing such plan, then the Secretary 
        shall, at the request of the Governor and the State educational 
        agency, treat such panel as meeting the requirements of 
        paragraphs (1) through (3) of subsection (b) for all purposes 
        of this title if--
                    (i) the Secretary determines that such existing 
                panel is serving a similar such purpose; and
                    (ii) the composition of such existing panel would 
                ensure broad-based input from various education, 
                political, community, and other appropriate 
                representatives.

SEC. 307. SECRETARY'S REVIEW OF APPLICATIONS; PAYMENTS.

    (a) First Year.--The Secretary shall approve the State educational 
agency's initial year application under section 305(b) if the Secretary 
determines that--
            (1) such application meets the requirements of this title; 
        and
            (2) there is a substantial likelihood that the State will 
        be able to develop and implement an education improvement plan 
        that complies with section 306.
    (b) Second Through Fifth Years.--The Secretary shall approve the 
State educational agency's renewal application under section 305(c)(1) 
in the second through fifth years of participation only if--
            (1)(A) the Secretary has approved the State improvement 
        plan under section 306(j); or
            (B) the Secretary determines that the State has made 
        substantial progress in developing its State improvement plan 
        and will implement such plan not later than the end of the 
        second year of participation; and
            (2) the application meets the other requirements of this 
        title.
    (c) Payments.--For any fiscal year for which a State has an 
approved application under this title, the Secretary shall provide an 
allotment to the State educational agency in the amount determined 
under section 304(b).

SEC. 308. STATE USE OF FUNDS.

    (a) First Year.--In the first year for which a State educational 
agency receives an allotment under this title, such agency--
            (1) if the amount appropriated pursuant to the authority of 
        section 303 for such year is equal to or greater than 
        $200,000,000, shall use at least 75 percent of such allotted 
        funds to award subgrants--
                    (A) to local educational agencies for the 
                development or implementation of local improvement 
                plans in accordance with section 309(a); and
                    (B) to improve educator and related services 
                personnel preservice programs and for professional 
                development activities consistent with the State 
                improvement plan and in accordance with section 309(b);
            (2) if the amount appropriated pursuant to the authority of 
        section 303 for such year is equal to or greater than 
        $100,000,000, but less than $200,000,000, shall use at least 50 
        percent of such allotted funds to award subgrants described in 
        subparagraphs (A) and (B) of paragraph (1);
            (3) if the amount appropriated pursuant to the authority of 
        section 303 for such year is less than $100,000,000, may use 
        such allotted funds to award subgrants described in 
        subparagraphs (A) and (B) of paragraph (1); and
            (4) shall use any such allotted funds not used in 
        accordance with paragraphs (1), (2), and (3) to develop, 
        revise, expand, or implement a State improvement plan described 
        in section 306.
    (b) Succeeding Years.--Each State educational agency that receives 
an allotment under this title for any year after the first year of 
participation shall--
            (1) use at least 85 percent of such allotment funds in each 
        such year to make subgrants--
                    (A) for the implementation of the State improvement 
                plan and of local improvement plans in accordance with 
                section 309(a); and
                    (B) to improve educator and related services 
                personnel preservice programs and for professional 
                development activities that are consistent with the 
                State improvement plan in accordance with section 
                309(b); and
            (2) shall use the remainder of such allotted funds for 
        State activities designed to implement the State improvement 
        plan, such as--
                    (A) supporting the development or adoption of 
                challenging State content standards, challenging State 
                student performance standards, comprehensive State 
                opportunity-to-learn standards, and assessment tools 
                linked to the standards, including activities 
                assisted--
                            (i) through consortia of States; or
                            (ii) with the assistance of the National 
                        Education Standards and Improvement Council 
                        established under part B of title II;
                    (B) supporting the implementation of high-
                performance management and organizational strategies, 
                such as site-based management, shared decisionmaking, 
                or quality management principles, to promote effective 
                implementation of such plan;
                    (C) supporting the development and implementation, 
                at the local educational agency and school building 
                level, of improved human resource development systems 
                for recruiting, selecting, mentoring, supporting, 
                evaluating and rewarding educators;
                    (D) providing special attention to the needs of 
                minority, disabled, and female students, including 
                instructional programs and activities that encourage 
                such students in elementary and secondary schools to 
                aspire to enter and complete postsecondary education or 
                training;
                    (E) supporting innovative and proven methods of 
                enhancing a teacher's ability to identify student 
                learning needs, and motivating students to develop 
                higher order thinking skills, discipline, and creative 
                resolution methods, including significantly reducing 
                class size and promoting instruction in chess;
                    (F) supporting the development, at the State or 
                local level, of performance-based accountability and 
                incentive systems for schools;
                    (G) outreach to and training for parents, tribal 
                officials, organizations serving young children, 
                classroom teachers, related services personnel, and 
                other educators, and the public, related to education 
                improvement;
                    (H) providing technical assistance and other 
                services to increase the capacity of local educational 
                agencies and schools to develop and implement systemic 
                local improvement plans, implement new assessments or 
                systems of assessments described in the State 
                improvement plan developed in accordance with section 
                306, and develop curricula consistent with the 
                challenging State content standards and challenging 
                State student performance standards;
                    (I) promoting mechanisms for increasing public 
                school choice, including information and referral 
                programs which provide parents information on available 
                choices and other initiatives to promote the 
                establishment of innovative new public schools, 
                including magnet schools and charter schools;
                    (J) supporting activities relating to the planning 
                of, start-up costs associated with, and evaluation of, 
                projects under which local educational agencies or 
                schools contract with private management organizations 
                to reform a school;
                    (K) supporting intergenerational mentoring 
                programs; and
                    (L) collecting and analyzing data; and
                    (M) supporting the development, at the State or 
                local level, of school-based programs that restore 
                discipline and reduce violence in schools and 
                communities, such as community mobilization programs.
    (c) Limit on Administrative Costs.--A State educational agency that 
receives an allotment under this title in any fiscal year shall use not 
more than 4 percent of such allotment in such year, or $100,000, 
whichever is greater, for administrative expenses, which administrative 
expenses shall not include the expenses related to the activities of 
the panel established under section 306(b)(1).
    (d) Special Rule.--Any new public school established under this 
title--
            (1) shall be nonsectarian;
            (2) shall not be affiliated with a nonpublic sectarian 
        school or religious institution; and
            (3) shall operate under the authority of a State 
        educational agency or local educational agency.

SEC. 309. SUBGRANTS FOR LOCAL REFORM AND PROFESSIONAL DEVELOPMENT.

    (a) Subgrants to Local Educational Agencies.--
            (1) In general.--(A) Each State educational agency, through 
        a competitive process, shall make subgrants to local 
        educational agencies to carry out the authorized activities 
        described in paragraph (4).
            (B) Each subgrant described in subparagraph (A) shall be 
        for a project of sufficient duration and of sufficient size, 
        scope, and quality to carry out the purpose of this title 
        effectively.
            (2) Application required.--Each local educational agency 
        desiring to receive a subgrant under this subsection shall 
        submit an application to the State educational agency that--
                    (A) is developed by a broad-based panel, appointed 
                by the local educational agency, that is representative 
                of the diversity of the students and community to be 
                served with regard to race, language, ethnicity, 
                gender, disability and socioeconomic characteristics, 
                and includes teachers, related services personnel, 
                secondary school students, parents, school 
                administrators, business representatives, early 
                childhood educators, representatives of community-based 
                organizations, and others, as appropriate, and is 
                approved by the local educational agency, including any 
                modifications the local educational agency deems 
                appropriate;
                    (B) includes, in the application submitted for the 
                second year of participation, a comprehensive local 
                improvement plan for school district-wide education 
                improvement, directed at enabling all students to meet 
                high academic standards, including specific goals and 
                benchmarks, and includes a strategy for--
                            (i) ensuring that all students have a fair 
                        opportunity to learn;
                            (ii) improving teaching and learning;
                            (iii) improving governance and management;
                            (iv) generating and maintaining parental 
                        and community involvement; and
                            (v) expanding improvements throughout the 
                        local educational agency;
                    (C) describes how the local educational agency will 
                encourage and assist schools to develop and implement 
                comprehensive school improvement plans that focus on 
                helping all students meet high academic standards and 
                that address each element of the local educational 
                agency's local improvement plan described in 
                subparagraph (B);
                    (D) describes how the local educational agency will 
                implement specific programs aimed at ensuring 
                improvements in school readiness and the ability of 
                students to learn effectively at all grade levels by 
                identifying the most pressing needs facing students and 
                their families with regard to social services, health 
                care, nutrition, and child care, and entering into 
                partnerships with public and private nonprofit agencies 
                to increase the access of students and families to 
                coordinated nonsectarian services in a school setting 
                or at a nearby site;
                    (E) describes how the subgrant funds will be used 
                by the local educational agency, and the procedures to 
                be used to make funds available to schools in 
                accordance with paragraph (4)(A);
                    (F) identifies, with an explanation, any State or 
                Federal requirements that the local educational agency 
                believes impede educational improvement and that such 
                agency requests be waived in accordance with section 
                311, which requests shall promptly be transmitted to 
                the Secretary by the State educational agency; and
                    (G) contains such other information as the State 
                educational agency may reasonably require.
            (3) Monitoring.--The panel described in paragraph (2)(A), 
        after approval of the local educational agency's application by 
        the State educational agency, shall be informed of progress on 
        such plan by the local educational agency, and the local 
        educational agency shall monitor the implementation and 
        effectiveness of the local improvement plan in close 
        consultation with teachers, related services personnel, 
        principals, administrators, and parents from schools receiving 
        funds under this title, as well as assure that implementation 
        of the local improvement plan does not result in a significant 
        increase in paperwork for teachers. The panel shall review such 
        plan and based on the progress described in the preceding 
        sentence, determine if revisions to the local improvement plan 
        should be recommended to the local educational agency. The 
        panel shall periodically report such determination to the 
        public.
            (4) Authorized activities.--A local educational agency that 
        receives a subgrant under this subsection--
                    (A) in the first year such agency receives the 
                subgrant shall use--
                            (i) not more than 25 percent of the 
                        subgrant funds to develop a local improvement 
                        plan or for any local educational agency 
                        activities approved by the State educational 
                        agency that are reasonably related to carrying 
                        out the State or local improvement plans, 
                        including the establishment of innovative new 
                        public schools; and
                            (ii) not less than 75 percent of the 
                        subgrant funds to support individual school 
                        improvement initiatives related to providing 
                        all students in the school the opportunity to 
                        meet high academic standards; and
                    (B) in subsequent years, shall use the subgrant 
                funds for any activities approved by the State 
                educational agency that are reasonably related to 
                carrying out the State or local improvement plans 
                (including the establishment of innovative new public 
                schools), except that at least 85 percent of such funds 
                shall be made available to individual schools to 
                develop and implement comprehensive school improvement 
                plans designed to help all students meet high academic 
                standards.
    (b) Subgrants for Preservice Teacher Education and Professional 
Development Activities.--
            (1) In general.--(A) Each State educational agency, through 
        a competitive, peer review process, shall make subgrants to a 
        local educational agency, or a consortium consisting of local 
        educational agencies, institutions of higher education, or 
        nonprofit education organizations, or any combination thereof, 
        in order to--
                    (i) improve preservice teacher and related services 
                personnel education programs in accordance with the 
                State improvement plan; and
                    (ii) support continuing, sustained professional 
                development activities for educators in accordance with 
                the State improvement plan.
            (B) Each State educational agency awarding subgrants under 
        subparagraph (A) shall give priority to awarding such subgrants 
        to--
                    (i) a local educational agency or consortium 
                serving a greater number or percentage of disadvantaged 
                students than the statewide average of such number or 
                percentage; or
                    (ii) a consortium that has a demonstrated record of 
                working with school districts, such as a consortium 
                that--
                            (I) prepares and screens teacher interns in 
                        professional development school sites;
                            (II) focuses on upgrading teachers' 
                        knowledge of content areas; or
                            (III) targets preparation and continued 
                        professional development of teachers of 
                        students with limited-English proficiency and 
                        students with disabilities.
            (C) In order to be eligible to receive a subgrant described 
        in subparagraph (A), a consortium shall include at least 1 
        local educational agency.
            (2) Application.--A local educational agency or consortium 
        that desires to receive a subgrant under this subsection shall 
        submit an application to the State educational agency that--
                    (A) describes how the local educational agency or 
                consortium will use the subgrant to improve teacher 
                preservice and school administrator education programs 
                or to implement educator and related services personnel 
                professional development activities in accordance with 
                the State improvement plan;
                    (B) identifies the criteria to be used by the local 
                educational agency or consortium to judge improvements 
                in preservice education or the effects of professional 
                development activities in accordance with the State 
                improvement plan; and
                    (C) contains any other information that the State 
                educational agency determines is appropriate.
            (3) Authorized activities.--A recipient of a subgrant under 
        this subsection shall use the subgrant funds for activities 
        supporting--
                    (A) the improvement of preservice teacher education 
                and school administrator programs so that such programs 
                equip educators with the subject matter and pedagogical 
                expertise necessary for preparing all students to meet 
                challenging standards; or
                    (B) the development and implementation of new and 
                improved forms of continuing and sustained professional 
                development opportunities for teachers, related 
                services personnel, principals, and other educators at 
                the school or school district level that equip such 
                individuals with such expertise, and with other 
                knowledge and skills necessary for leading and 
                participating in continuous education improvement.
    (c) Special Award Rules.--
            (1) In general.--(A) Each State educational agency shall 
        award at least 65 percent of subgrant funds under subsection 
        (a) in each fiscal year to local educational agencies that have 
        a greater percentage or number of disadvantaged children than 
        the statewide average percentage or number for all local 
        educational agencies in the State.
            (B) At least 50 percent of the subgrant funds made 
        available by a local educational agency to individual schools 
        under subsection (a) in any fiscal year shall be made available 
        to schools with a special need for assistance, as indicated by 
        a high number or percentage of students from low-income 
        families, low student achievement, or other similar criteria 
        developed by the local educational agency.
            (2) Waiver.--The State educational agency may waive the 
        requirement of paragraph (1)(A) if such agency does not receive 
        a sufficient number of applications from local educational 
        agencies in the State to enable the State educational agency to 
        comply with such requirement.

SEC. 310. AVAILABILITY OF INFORMATION AND TRAINING.

    Proportionate to the number of children in a State or in a local 
educational agency who are enrolled in private elementary or secondary 
schools--
            (1) a State educational agency or local educational agency 
        which uses funds under this title to develop goals, challenging 
        State content standards or challenging State student 
        performance standards, curricular materials, and assessments or 
        systems of assessments shall, upon request, make information 
        related to such goals, standards, materials, and assessments or 
        systems available to private schools; and
            (2) a State educational agency or local educational agency 
        which uses funds under this title for teacher and administrator 
        training shall provide in the State improvement plan described 
        in section 306 for the training of teachers and administrators 
        in private schools located in the geographical area served by 
        such agency.

SEC. 311. WAIVERS OF STATUTORY AND REGULATORY REQUIREMENTS.

    (a) Waiver Authority.--
            (1) In general.--Except as provided in subsection (c), the 
        Secretary may waive any statutory or regulatory requirement 
        applicable to any program or Act described in subsection (b) 
        for a State educational agency, local educational agency, or 
        school, if--
                    (A) and only to the extent that, the Secretary 
                determines that such requirement impedes the ability of 
                the State, or of a local educational agency or school 
                in the State, to carry out the State or local 
                improvement plan;
                    (B) the State educational agency has waived, or 
                agrees to waive, similar requirements of State law;
                    (C) in the case of a statewide waiver, the State 
                educational agency--
                            (i) provides all local educational agencies 
                        in the State with notice and an opportunity to 
                        comment on the State educational agency's 
                        proposal to seek a waiver; and
                            (ii) submits the local educational 
                        agencies' comments to the Secretary; and
                    (D) in the case of a local educational agency 
                waiver, the local educational agency provides parents, 
                community groups, and advocacy or civil rights groups 
                with the opportunity to comment on the proposed waiver.
            (2) Application.--(A)(i) To request a waiver, a local 
        educational agency or school that receives funds under this 
        Act, or a local educational agency or school that does not 
        receive funds under this Act but is undertaking school reform 
        efforts and has an education reform plan approved by the State, 
        shall transmit an application for a waiver under this section 
        to the State educational agency. The State educational agency 
        then shall submit approved applications for a waiver under this 
        section to the Secretary.
            (ii) A State educational agency requesting a waiver under 
        this section shall submit an application for such waiver to the 
        Secretary.
            (B) Each application submitted to the Secretary under 
        subparagraph (A) shall--
                    (i) describe the purposes and overall expected 
                outcomes of the request for a waiver and how progress 
                for achieving such outcomes will be measured;
                    (ii) identify each Federal program to be involved 
                in the request for a waiver and each Federal statutory 
                or regulatory requirement to be waived;
                    (iii) describe each State and local requirement 
                that will be waived; and
                    (iv) demonstrate that the State has made a 
                commitment to waive related requirements pertaining to 
                the State educational agency, local educational agency 
                or school.
            (3) Timeliness.--The Secretary shall act promptly on a 
        waiver request and shall provide a written statement of the 
        reasons for granting or denying such request.
            (4) Duration.--
                    (A) In general.--Each waiver under this section may 
                be for a period not to exceed 5 years.
                    (B) Extension.--The Secretary may extend the period 
                described in subparagraph (A) if the Secretary 
                determines that the waiver has been effective in 
                enabling the State or affected local educational 
                agencies to carry out their reform plans.
    (b) Included Programs.--The statutory or regulatory requirements 
subject to the waiver authority of this section are any such 
requirements under the following programs or Acts:
            (1) Chapter 1 of title I of the Elementary and Secondary 
        Education Act of 1965, including Even Start.
            (2) Part A of chapter 2 of title I of the Elementary and 
        Secondary Education Act of 1965.
            (3) The Dwight D. Eisenhower Mathematics and Science 
        Education Act.
            (4) The Emergency Immigrant Education Act of 1984.
            (5) The Drug-Free Schools and Communities Act of 1986.
            (6) The Carl D. Perkins Vocational and Applied Technology 
        Education Act.
    (c) Waivers Not Authorized.--The Secretary may not waive any 
statutory or regulatory requirement of the programs or Acts described 
in subsection (b)--
            (1) relating to--
                    (A) maintenance of effort;
                    (B) comparability of services;
                    (C) the equitable participation of students and 
                professional staff in private schools;
                    (D) parental participation and involvement; and
                    (E) the distribution of funds to States or to local 
                educational agencies; and
            (2) unless the underlying purposes of the statutory 
        requirements of each program or Act for which a waiver is 
        granted continue to be met to the satisfaction of the 
        Secretary.
    (d) Termination of Waivers.--The Secretary shall periodically 
review the performance of any State, local educational agency, or 
school for which the Secretary has granted a waiver and shall terminate 
the waiver if the Secretary determines that the performance of the 
State, the local educational agency, or the school in the area affected 
by the waiver has been inadequate to justify a continuation of the 
waiver.
    (e) Flexibility Demonstration.--
            (1) Short title.--This subsection may be cited as the 
        ``Education Flexibility Partnership Demonstration Act''.
            (2) Program authorized.--
                    (A) In general.--The Secretary shall carry out an 
                education flexibility demonstration program under which 
                the Secretary authorizes not more than 6 eligible 
                States to waive any statutory or regulatory requirement 
                applicable to any program or Act described in 
                subsection (b), other than requirements described in 
                subsection (c), for such eligible State or any local 
                educational agency or school within such State.
                    (B) Award rule.--In carrying out subparagraph (A), 
                the Secretary shall select for participation in the 
                demonstration program described in subparagraph (A) 
                three eligible States that each have a population of 
                3,500,000 or greater and three eligible States that 
                each have a population of less than 3,500,000, 
                determined in accordance with the most recent decennial 
                census of the population performed by the Bureau of the 
                Census.
                    (C) Designation.--Each eligible State participating 
                in the demonstration program described in subparagraph 
                (A) shall be known as an ``Ed-Flex Partnership State''.
            (3) Eligible state.--For the purpose of this subsection the 
        term ``eligible State'' means a State that--
                    (A) has developed a State improvement plan under 
                section 306 that is approved by the Secretary; and
                    (B) waives State statutory or regulatory 
                requirements relating to education while holding local 
                educational agencies or schools within the State that 
                are affected by such waivers accountable for the 
                performance of the students who are affected by such 
                waivers.
            (4) State application.--(A) Each eligible State desiring to 
        participate in the education flexibility demonstration program 
        under this subsection shall submit an application to the 
        Secretary at such time, in such manner, and containing such 
        information as the Secretary may reasonably require. Each such 
        application shall demonstrate that the eligible State has 
        adopted an educational flexibility plan for such State that 
        includes--
                    (i) a description of the process the eligible State 
                will use to evaluate applications from local 
                educational agencies or schools requesting waivers of--
                            (I) Federal statutory or regulatory 
                        requirements described in paragraph (2)(A); and
                            (II) State statutory or regulatory 
                        requirements relating to education; and
                    (ii) a detailed description of the State statutory 
                and regulatory requirements relating to education that 
                the eligible State will waive.
            (B) The Secretary may approve an application described in 
        subparagraph (A) only if the Secretary determines that such 
        application demonstrates substantial promise of assisting the 
        eligible State and affected local educational agencies and 
        schools within such State in carrying out comprehensive 
        educational reform and otherwise meeting the purposes of this 
        Act, after considering--
                    (i) the comprehensiveness and quality of the 
                educational flexibility plan described in subparagraph 
                (A);
                    (ii) the ability of such plan to ensure 
                accountability for the activities and goals described 
                in such plan;
                    (iii) the significance of the State statutory or 
                regulatory requirements relating to education that will 
                be waived; and
                    (iv) the quality of the eligible State's process 
                for approving applications for waivers of Federal 
                statutory or regulatory requirements described in 
                paragraph (2)(A) and for monitoring and evaluating the 
                results of such waivers.
            (5) Local application.--(A) Each local educational agency 
        or school requesting a waiver of a Federal statutory or 
        regulatory requirement described in paragraph (2)(A) and any 
        relevant State statutory or regulatory requirement from an 
        eligible State shall submit an application to such State at 
        such time, in such manner, and containing such information as 
        such State may reasonably require. Each such application 
        shall--
                    (i) indicate each Federal program affected and the 
                statutory or regulatory requirement that will be 
                waived;
                    (ii) describe the purposes and overall expected 
                outcomes of waiving each such requirement;
                    (iii) describe for each school year specific, 
                measurable, educational goals for each local 
                educational agency or school affected by the proposed 
                waiver; and
                    (iv) explain why the waiver will assist the local 
                educational agency or school in reaching such goals.
            (B) An eligible State shall evaluate an application 
        submitted under subparagraph (A) in accordance with the State's 
        educational flexibility plan described in paragraph (4)(A).
            (C) An eligible State shall not approve an application for 
        a waiver under this paragraph unless--
                    (i) the local educational agency or school 
                requesting such waiver has developed a local reform 
                plan that is applicable to such agency or school, 
                respectively; and
                    (ii) the waiver of Federal statutory or regulatory 
                requirements described in paragraph (2)(A) will assist 
                the local educational agency or school in reaching its 
                educational goals.
            (6) Monitoring.--Each eligible State participating in the 
        demonstration program under this subsection shall annually 
        monitor the activities of local educational agencies and 
        schools receiving waivers under this subsection and shall 
        submit an annual report regarding such monitoring to the 
        Secretary.
            (7) Duration of federal waivers.--(A) The Secretary shall 
        not approve the application of an eligible State under 
        paragraph (4) for a period exceeding 5 years, except that the 
        Secretary may extend such period if the Secretary determines 
        that the eligible State's authority to grant waivers has been 
        effective in enabling such State or affected local educational 
        agencies or schools to carry out their local reform plans.
            (B) The Secretary shall periodically review the performance 
        of any eligible State granting waivers of Federal statutory or 
        regulatory requirements described in paragraph (2)(A) and shall 
        terminate such State's authority to grant such waivers if the 
        Secretary determines, after notice and opportunity for hearing, 
        that such State's performance has been inadequate to justify 
        continuation of such authority.
    (f) Results-Oriented Accountability.--In deciding whether to extend 
a request for a waiver under this section the Secretary shall review 
the progress of the State educational agency, local educational agency 
or school receiving a waiver to determine if such agency or school has 
made progress toward achieving the outcomes described in the 
application submitted pursuant to subsection (a)(2)(B)(i).

SEC. 312. PROGRESS REPORTS.

    (a) State Reports to the Secretary.--Each State educational agency 
that receives an allotment under this title shall annually report to 
the Secretary--
            (1) on the State's progress in meeting the State's goals 
        and plans;
            (2) on the State's proposed activities for the succeeding 
        year; and
            (3) in summary form, on the progress of local educational 
        agencies in meeting local goals and plans.
    (b) Secretary's Reports to Congress.--By April 30, 1996, and every 
2 years thereafter, the Secretary shall submit a report to the 
Committee on Education and Labor of the House of Representatives and 
the Committee on Labor and Human Resources of the Senate describing--
            (1) the activities assisted under, and outcomes of, grants 
        or contracts under paragraph (2) of section 313(b), including--
                    (A) a description of the purpose, uses, and 
                technical merit of assessments evaluated with funds 
                awarded under such paragraph; and
                    (B) an analysis of the impact of such assessments 
                on the performance of students, particularly students 
                of different racial, gender, ethnic, or language groups 
                and individuals with disabilities;
            (2) the activities assisted under, and outcomes of, 
        allotments under this title; and
            (3) the effect of waivers granted under section 311, 
        including--
                    (A) a listing of all State educational agencies, 
                local educational agencies and schools seeking and 
                receiving waivers;
                    (B) a summary of the State and Federal statutory or 
                regulatory requirements that have been waived, 
                including the number of waivers sought and granted 
                under each such statutory or regulatory requirement;
                    (C) a summary of waivers that have been terminated, 
                including a rationale for the terminations; and
                    (D) recommendations to the Congress regarding 
                changes in statutory or regulatory requirements, 
                particularly those actions that should be taken to 
                overcome Federal statutory or regulatory impediments to 
                education reform.
    (c) Technical and Other Assistance Regarding School Finance 
Equity.--
            (1) Technical assistance.--(A) From the national leadership 
        funds reserved in section 304(a)(2)(A), the Secretary is 
        authorized to make grants to, and enter into contracts and 
        cooperative agreements with, State educational agencies and 
        other public and private agencies, institutions, and 
        organizations to provide technical assistance to State and 
        local educational agencies to assist such agencies in achieving 
        a greater degree of equity in the distribution of financial 
        resources for education among local educational agencies in the 
        State.
            (B) A grant, contract or cooperative agreement under this 
        subsection may support technical assistance activities, such 
        as--
                    (i) the establishment and operation of a center or 
                centers for the provision of technical assistance to 
                State and local educational agencies;
                    (ii) the convening of conferences on equalization 
                of resources within local educational agencies, within 
                States, and among States; and
                    (iii) obtaining advice from experts in the field of 
                school finance equalization.
            (2) Data.--Each State educational agency or local 
        educational agency receiving assistance under the Elementary 
        and Secondary Education Act of 1965 shall provide such data and 
        information on school finance as the Secretary may require to 
        carry out this subsection.
            (3) Models.--The Secretary is authorized, directly or 
        through grants, contracts, or cooperative agreements, to 
        develop and disseminate models and materials useful to States 
        in planning and implementing revisions of the school finance 
        systems of such States.

SEC. 313. NATIONAL LEADERSHIP.

    (a) Technical Assistance and Integration of Standards.--From funds 
reserved in each fiscal year under section 304(a)(2)(A), the Secretary 
may, directly or through grants or contracts--
            (1) provide technical assistance to States, local 
        educational agencies, and tribal agencies developing or 
        implementing school improvement plans, in a manner that ensures 
        that such assistance is broadly available; or
            (2) support model projects to integrate multiple content 
        standards, if--
                    (A) such standards are certified by the National 
                Education Standards and Improvement Council and 
                approved by the National Goals Panel for different 
                subject areas, in order to provide balanced and 
                coherent instructional programs for all students; and
                    (B) such projects are appropriate for a wide range 
                of diverse circumstances, localities (including both 
                urban and rural communities), and populations.
    (b) Innovative Programs; Assessment; Evaluation.--From not more 
than 50 percent of the funds reserved in each fiscal year under section 
304(a)(2)(A), the Secretary, directly or through grants or contracts, 
shall--
            (1) provide urban and rural local educational agencies, 
        schools, or consortia thereof, with assistance for innovative 
        or experimental programs in systemic education reform that are 
        not being undertaken through grants provided under section 
        309(a), giving special consideration or priority to local 
        educational agencies, schools, or consortia thereof that serve 
        large numbers or concentrations of economically disadvantaged 
        students, including students of limited-English proficiency; or
            (2) provide a State or local educational agency, nonprofit 
        organization or consortium thereof with assistance to help 
        defray the cost of developing, field testing and evaluating an 
        assessment or system of assessments with a priority on grants 
        or contracts for limited-English proficiency students or 
        students with disabilities, if--
                    (A) such assessment or system--
                            (i) is to be used for some or all of the 
                        purposes described in section 213(e)(1)(B); and
                            (ii) is aligned to State content standards 
                        certified by the National Education Standards 
                        and Improvement Council; and
                    (B) such agency, organization or consortium--
                            (i) examines the validity, reliability, and 
                        fairness of such assessment or system, for the 
                        particular purposes for which such assessment 
                        or system was developed; and
                            (ii) devotes special attention to how such 
                        assessment or system treats all students, 
                        especially with regard to the race, gender, 
                        ethnicity, disability and language proficiency 
                        of such students.
    (c) Data and Dissemination.--The Secretary shall--
            (1) gather data on, conduct research on, and evaluate 
        systemic education improvement, including the programs 
        authorized by this title; and
            (2) disseminate research findings and other information on 
        outstanding examples of systemic education improvement in 
        States and local communities through existing dissemination 
        systems within the Department of Education, including through 
        publications, electronic and telecommunications mediums, 
        conferences, and other means.

SEC. 314. ASSISTANCE TO THE OUTLYING AREAS AND TO THE SECRETARY OF THE 
              INTERIOR.

    (a) Outlying Areas.--
            (1) In general.--Funds reserved for the outlying areas in 
        each fiscal year under section 304(a)(1)(A) shall be made 
        available to, and expended by, such areas, under such 
        conditions and in such manner as the Secretary determines will 
        best meet the purposes of this title.
            (2) Inapplicability of public law 95-134.--The provisions 
        of Public Law 95-134, permitting the consolidation of grants to 
        the Insular Areas, shall not apply to funds received by such 
        areas under this title.
    (b) Secretary of the Interior.--The funds reserved by the Secretary 
for the Secretary of the Interior under section 304(a)(1)(B) shall be 
made available to the Secretary of the Interior pursuant to an 
agreement between the Secretary and the Secretary of the Interior 
containing such terms and assurances, consistent with this title, as 
the Secretary determines will best achieve the purpose of this title.
    (c) Secretary of Defense.--The Secretary shall consult with the 
Secretary of Defense to ensure that, to the extent practicable, the 
purposes of this title are applied to the Department of Defense 
schools.

SEC. 315. CLARIFICATION REGARDING STATE STANDARDS AND ASSESSMENTS.

    Notwithstanding any other provision of this title, standards, 
assessments, and systems of assessments described in a State 
improvement plan submitted in accordance with section 306 shall not be 
required to be certified by the Council.

SEC. 316. STATE PLANNING FOR IMPROVING STUDENT ACHIEVEMENT THROUGH 
              INTEGRATION OF TECHNOLOGY INTO THE CURRICULUM.

    (a) Purpose.--It is the purpose of this section to assist each 
State to plan effectively for improved student learning in all schools 
through the use of technology as an integral part of the State 
improvement plan described in section 306.
    (b) Program Authorized.--
            (1) Authority.--The Secretary shall award grants in 
        accordance with allocations under paragraph (2) to each State 
        educational agency that, as part of its application under 
        section 305, requests a grant to develop (or continue the 
        development of), and submits as part of the State improvement 
        plan described in section 306, a systemic statewide plan to 
        increase the use of state-of-the-art technologies that enhance 
        elementary and secondary student learning and staff development 
        in support of the National Education Goals and challenging 
        standards.
            (2) Formula.--From the amount appropriated pursuant to the 
        authority of subsection (f) in each fiscal year, each State 
        educational agency with an application approved under section 
        305 shall receive a grant under paragraph (1) in such year in 
        an amount determined on the same basis as allotments are made 
        to State educational agencies under subsections (b) and (c) of 
        section 304 for such year, except that each such State shall 
        receive at least 1\1/2\ percent of the amount appropriated 
        pursuant to such authority or $75,000, whichever is greater.
            (3) Duration.--A State educational agency may receive 
        assistance under this section for not more than 2 fiscal years.
    (c) Plan Objectives.--Each State educational agency shall use funds 
received under this section to develop and, if the Secretary has 
approved the systemic statewide plan, to implement such plan. Such plan 
shall have as its objectives--
            (1) the promotion of higher student achievement through the 
        use of technology in education;
            (2) the participation of all schools and school districts 
        in the State, especially those schools and districts with a 
        high percentage of disadvantaged students;
            (3) the development and implementation of a cost-effective, 
        high-speed, statewide, interoperable, wide-area-communication 
        educational technology support system for elementary and 
        secondary schools within the State, particularly for such 
        schools in rural areas; and
            (4) the promotion of shared usage of equipment, facilities, 
        and other technology resources by adult learners during after-
        school hours.
    (d) Plan Requirements.--At a minimum, each systemic statewide plan 
shall--
            (1) be developed by a task force that--
                    (A) includes among its members experts in the 
                educational use of technology and representatives of 
                the State panel described in section 306(b); and
                    (B) ensures that such plan is integrated into the 
                State improvement plan described in section 306;
            (2) be developed in collaboration with the Governor, 
        representatives of the State legislature, the State board of 
        education, institutions of higher education, appropriate State 
        agencies, local educational agencies, public and private 
        telecommunication entities, parents, public and school 
        libraries, students, adult literacy providers, and leaders in 
        the field of technology, through a process of statewide 
        grassroots outreach to local educational agencies and schools 
        in the State;
            (3) identify and describe the requirements for introducing 
        state-of-the-art technologies into the classroom and school 
        library in order to enhance educational curricula, including 
        the installation and ongoing maintenance of basic connections, 
        hardware and the necessary support materials;
            (4) describe how the application of advanced technologies 
        in the schools will enhance student learning, provide greater 
        access to individualized instruction, promote the strategies 
        described in section 306(d), and help make progress toward the 
        achievement of the National Education Goals;
            (5) describe how the ongoing training of educational 
        personnel will be provided;
            (6) describe the resources necessary, and procedures, for 
        providing ongoing technical assistance to carry out such plan;
            (7) provide for the dissemination on a statewide basis of 
        exemplary programs and practices relating to the use of 
        technology in education;
            (8) establish a funding estimate (including a statement of 
        likely funding sources) and a schedule for the development and 
        implementation of such plan;
            (9) describe how the State educational agency will assess 
        the impact of implementing such plan on student achievement and 
        aggregate achievement for schools;
            (10) describe how the State educational agency and local 
        educational agencies in the State will coordinate and cooperate 
        with business and industry, and with public and private 
        telecommunications entities;
            (11) describe how the State educational agency will promote 
        the purchase of equipment by local educational agencies that, 
        when placed in schools, will meet the highest possible level of 
        interoperability and open system design;
            (12) describe how the State educational agency will 
        consider using existing telecommunications infrastructure and 
        technology resources;
            (13) describe how the State educational agency will apply 
        the uses of technology to meet the needs of children from low-
        income families; and
            (14) describe the process through which such plan will be 
        reviewed and updated periodically.
    (e) Reports.--Each State educational agency receiving a grant under 
this section shall submit a report to the Secretary within 1 year of 
the date such agency submits to the Secretary its systemic statewide 
plan under this section. Such report shall--
            (1) describe the State's progress toward implementation of 
        the provisions of such plan;
            (2) describe any revisions to the State's long-range plans 
        for technology;
            (3) describe the extent to which resources provided 
        pursuant to such plan are distributed among schools to promote 
        the strategies described in section 306(d); and
            (4) include any other information the Secretary deems 
        appropriate.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated $10,000,000 for fiscal year 1994, and such sums as may be 
necessary for fiscal year 1995, to carry out this section.

                        TITLE IV--MISCELLANEOUS

SEC. 401. PUBLIC SCHOOLS.

    Except as provided in section 310, nothing in this Act shall be 
construed to authorize the use of funds under title III of this Act to 
directly or indirectly benefit any school other than a public school.

SEC. 402. CONSTRUCTION.

    Nothing in this Act shall be construed--
            (1) to supersede the provisions of section 103 of the 
        Department of Education Organization Act;
            (2) to require the teaching of values or the establishment 
        of school-based clinics as a condition of receiving funds under 
        this Act;
            (3) to mandate limitations or class size for a State, local 
        educational agency or school;
            (4) to mandate a Federal teacher certification system for a 
        State, local educational agency or school;
            (5) to mandate teacher instructional practices for a State, 
        local educational agency or school;
            (6) to mandate equalized spending per pupil for a State, 
        local educational agency or school;
            (7) to mandate national school building standards for a 
        State, local educational agency or school;
            (8) to mandate curriculum content for a State, local 
        educational agency or school; and
            (9) to mandate any curriculum framework, instructional 
        material, examination, assessment or system of assessments for 
        private, religious, or home schools.

SEC. 403. KHALID ABDUL MOHAMMED.

    It is the sense of the Senate that the speech made by Mr. Khalid 
Abdul Mohammed at Kean College on November 29, 1993, was false, anti-
Semitic, racist, divisive, repugnant and a disservice to all Americans 
and is therefore condemned.

SEC. 404. 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. 405. SCHOOL PRAYER.

    No funds made available through the Department of Education under 
this Act, or any other Act, shall be available to any State of local 
educational agency which has a policy of denying, or which effectively 
prevents participation in, constitutionality protected prayer in public 
schools by individuals on a voluntary basis. Neither the United States 
nor any State nor any local educational agency shall require any person 
to participate in prayer or influence the form or content of any 
constitutionality protected prayer in such public schools.

SEC. 406. DAILY SILENCE FOR STUDENTS.

    It is the sense of the Senate that local educational agencies 
should encourage a brief period of daily silence for students for the 
purpose of contemplating their aspirations; for considering what they 
hope and plan to accomplish that day; for considering how their own 
actions of that day will effect themselves and others around them, 
including their schoolmates, friends and families; for drawing strength 
from whatever personal, moral or religious beliefs or positive values 
they hold; and for such other introspection and reflection as will help 
them develop and prepare them for achieving the goals of this Act.

SEC. 407. FUNDING FOR THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT.

    (a) The Senate finds that--
            (1) the Individuals with Disabilities Education Act was 
        established with the commitment of forty percent Federal 
        funding but currently receives only eight percent Federal 
        funding;
            (2) this funding shortfall is particularly burdensome to 
        school districts and schools in low-income areas which serve 
        higher than average proportions of students with disabilities 
        and have fewer local resources to contribute; and
            (3) it would cost the Federal Government approximately 
        $10,000,000,000 each year to fully fund the Individuals with 
        Disabilities Education Act.
    (b) It is the sense of the Senate that the Federal Government 
should provide States and communities with adequate resources under the 
Individuals with Disabilities Education Act as soon as reasonably 
possible, through the reallocation of funds within the current budget 
monetary constraints.

SEC. 408. NATIONAL BOARD FOR PROFESSIONAL TEACHING STANDARDS.

    Section 551 of the Higher Education Act of 1965 (20 U.S.C. 1107) is 
amended--
            (1) in paragraph (1) of subsection (b), by striking ``the 
        Federal share of'';
            (2) in subparagraph (B) of subsection (e)(1), by striking 
        ``share of the cost of the activities of the Board is'' and 
        inserting ``contributions described in subsection (f) are''; 
        and
            (3) by amending subsection (f) to read as follows:
    ``(f) Matching Funds Requirement.--
            ``(1) In general.--The Secretary shall not provide 
        financial assistance under this subpart to the Board unless the 
        Board agrees to expend non-Federal contributions equal to $1 
        for every $1 of the Federal funds provided pursuant to such 
        financial assistance.
            ``(2) Non-federal contributions.--The non-Federal 
        contributions described in paragraph (1)--
                    ``(A) may include all non-Federal funds raised by 
                the Board on or after January 1, 1987; and
                    ``(B) may be used for outreach, implementation, 
                administration, operation, and other costs associated 
                with the development and implementation of national 
                teacher assessment and certification procedures under 
                this subpart.''.

SEC. 409. FORGIVENESS OF CERTAIN OVERPAYMENTS.

    (a) In General.--Notwithstanding section 1401 of the Elementary and 
Secondary Education Act of 1965 or any other provision of law--
            (1) the allocation of funds appropriated for fiscal year 
        1993 under the Department of Education Appropriations Act, 
        1993, to Colfax County, New Mexico under section 1005 of the 
        Elementary and Secondary Education Act of 1965, and any other 
        allocations or grants for such fiscal year resulting from such 
        allocation to such county under any program administered by the 
        Secretary of Education, shall be deemed to be authorized by 
        law; and
            (2) in any program for which allocations are based on 
        fiscal year 1993 allocations under section 1005 of such Act, 
        the fiscal year 1993 allocations under such section deemed to 
        be authorized by law in accordance with paragraph (1) shall be 
        used.
    (b) Notwithstanding subsection (a)(1) of this section, in carrying 
out section 1403(a) of the Elementary and Secondary Education Act of 
1965 for fiscal year 1994, the amount allocated to Colfax County, New 
Mexico under section 1005 of such Act for fiscal year 1993 shall be 
deemed to be the amount that the Secretary determines would have been 
allocated under such section 1005 had the correct data been used for 
fiscal year 1993.

SEC. 410. STUDY OF GOALS 2000 AND STUDENTS WITH DISABILITIES.

    (a) Study Required.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary of Education shall make 
        appropriate arrangements with the National Academy of Sciences 
        to conduct a comprehensive study of the inclusion of children 
        with disabilities in GOALS 2000 school reform activities.
            (2) Definition.--For purposes of this section, the term 
        ``children with disabilities'' has the same meaning given such 
        in the Individuals with Disabilities Education Act.
    (b) Study Components.--The study conducted under subsection (a) 
shall include--
            (1) an evaluation of the National Education Goals and 
        objectives, curriculum reforms, standards, and other programs 
        and activities intended to achieve those goals;
            (2) a review of the adequacy of assessments and measures 
        used to gauge progress towards meeting National Education Goals 
        and any national and State standards, and an examination of 
        other methods or accommodations necessary or desirable to 
        collect data on the educational progress of children with 
        disabilities, and the costs of such methods and accommodations;
            (3) an examination of what incentives or assistance might 
        be provided to States to develop improvement plans that 
        adequately address the needs of children with disabilities;
            (4) the relation of Goals 2000 to other Federal laws 
        governing or affecting the education of children with 
        disabilities; and
            (5) such other issues as the National Academy of Sciences 
        considers appropriate.
    (c) Study Panel Membership.--Any panel constituted in furtherance 
of the study to be conducted under subsection (a) shall include 
consumer representatives.
    (d) Findings and Recommendations.--The Secretary of Education shall 
request the National Academy of Sciences to submit an interim report of 
its findings and recommendations to the President and Congress not 
later than 12 months, and a final report not later than 24 months, from 
the date of the completion of procurement relating to the study.
    (e) Funding.--From such accounts as the Secretary deems 
appropriate, the Secretary shall make available $600,000 for fiscal 
year 1994, and such sums as may be necessary for fiscal year 1995, to 
carry out this section. Amounts made available under this subsection 
shall remain available until expended.

SEC. 411. MENTORING, PEER COUNSELING AND PEER TUTORING.

    (a) Congressional Findings.--The Congress finds that--
            (1) Mentoring, peer counseling and peer tutoring programs 
        provide role models for children and build self-esteem;
            (2) Mentoring, peer counseling and peer tutoring programs 
        promote learning and help students attain the necessary skills 
        they need to excel academically;
            (3) Mentoring, peer counseling, and peer tutoring programs 
        provide healthy and safe alternatives to involvement in drugs, 
        gangs or other violent activities; and
            (4) Mentoring, peer counseling, and peer tutoring programs 
        promote school, community and parental involvement in the 
        livelihood and well-being of our children.
    (b) Sense of the Congress.--Therefore, it is the Sense of the 
Congress that Federal education programs that provide assistance to 
elementary and secondary education students should include 
authorizations for establishing mentoring, peer counseling and peer 
tutoring programs.

SEC. 412. CONTENT AND PERFORMANCE STANDARDS.

    It is the sense of the Senate that because high academic standards 
are the key to excellence for all students and a focus on results is an 
important direction for education reform, it is the sense of the Senate 
that States should develop their own content and performance standards 
in academic subject areas as an essential part of their State reform 
plan.

SEC. 413. STATE-SPONSORED HIGHER EDUCATION TRUST FUND SAVINGS PLAN.

    It is the sense of the Senate that--
            (1) individuals should be encouraged to save to meet the 
        higher education costs of their children;
            (2) an effective way to encourage those savings is through 
        State-sponsored higher education trust fund savings plans; and
            (3) an effective way for the Federal Government to assist 
        such plans is to amend the Federal tax laws to provide that--
                    (A) no tax is imposed on the earnings on 
                contributions to the plans if the earnings are used for 
                higher education costs,
                    (B) State organizations sponsoring the plans are 
                exempt from Federal taxation, and
                    (C) any charitable gift to the plans are tax-
                deductible and are distributed to recipients on a pro 
                rata basis.

SEC. 414. AMENDMENTS TO SUMMER YOUTH EMPLOYMENT AND TRAINING PROGRAM.

    (a) Program Design.--
            (1) Academic enrichment authorized.--Paragraph (1) of 
        section 253(a) of the Job Training Partnership Act is amended 
        by inserting ``academic enrichment'' after ``remedial 
        education,''.
            (2) Required services and design.--
                    (A) Subsection (c) of such section 253 is amended 
                by adding at the end the following new paragraphs:
            ``(3) Basic education and preemployment training.--The 
        programs under this part shall provide, either directly or 
        through arrangements with other programs, each of the following 
        services to a participant where the assessment and the service 
        strategy indicate such services are appropriate:
                    ``(A) Basic and Remedial Education.
                    ``(B) Preemployment and Work Maturity Skills 
                Training.
            ``(4) Integration of work and learning.--
                    ``(A) Work experience.--Work experience provided 
                under this part, to the extent feasible, shall include 
                contextual learning opportunities which integrate the 
                development of general competencies with the 
                development of academic skills.
                    ``(B) Classroom training.--Classroom training 
                provided under this part shall, to the extent feasible, 
                include opportunities to apply knowledge and skills 
                relating to academic subjects to the world of work.''.
                    (B) Section 253 of the Job Training Partnership Act 
                is further amended by adding at the end the following 
                new subsection:
    ``(e) Educational Linkages.--In conducting the program assisted 
under this part, service delivery areas shall establish linkages with 
the appropriate educational agencies responsible for service to 
participants. Such linkages shall include arrangements to ensure that 
there is a regular exchange of information relating to the progress, 
problems and needs of participants, including the results of 
assessments of the skill levels of participants.''.
                    (C) Section 254 of the Job Training Partnership Act 
                is amended by adding at the end the following new 
                subsection:
    ``(c) Prohibition on Private Actions.--Nothing in this part shall 
be construed to establish a right for a participant to bring an action 
to obtain services described in the assessment or service strategy 
developed under section 253(c).''.
    (b) Transfer of Funds to Year Round Program.--Section 256 of the 
Job Training Partnership Act is amended by striking ``10 percent'' and 
inserting ``20 percent''.

SEC. 415. STATE AND LOCAL GOVERNMENT CONTROL OF EDUCATION.

    (a) Findings.--
            (1) Congress is interested in promoting State and local 
        government reform efforts in education;
            (2) In Public Law 96-88 the Congress found that education 
        is fundamental to the development of individual citizens and 
        the progress of the Nation;
            (3) In Public Law 96-88 the Congress found that in our 
        Federal system the responsibility for education is reserved 
        respectively to the States and the local school systems and 
        other instrumentalities of the States;
            (4) In Public Law 96-88 the Congress declared the purpose 
        of the Department of Education was to supplement and complement 
        the efforts of States, the local school systems, and other 
        instrumentalities of the States, the private sector, public and 
        private educational institutions, public and private nonprofit 
        educational research institutions, community based 
        organizations, parents and schools to improve the quality of 
        education;
            (5) The establishment of the Department of Education, 
        Congress intended to protect the rights of State and local 
        governments and public and private educational institutions in 
        the areas of educational policies and administration of 
        programs and to strengthen and improve the control of such 
        governments and institutions over their own educational 
        programs and policies;
            (6) Public Law 96-88 specified that the establishment of 
        the Department of Education shall not increase the authority of 
        the Federal Government over education or diminish the 
        responsibility for education which is reserved to the States 
        and local school systems and other instrumentalities of the 
        States;
            (7) Public Law 96-88 specified that no provision of a 
        program administered by the Secretary or by any other officer 
        of the Department shall be construed to authorize the Secretary 
        or any such officer to exercise any direction, supervision, or 
        control over the curriculum, program of instruction, 
        administration, or personnel of any educational institution, 
        school, or school system, over any accrediting agency or 
        association or over the selection or content of library 
        resources, textbooks, or other instructional materials by any 
        educational institution or school system, now therefore
    (b) Reaffirmation.--The Congress agrees and reaffirms that the 
responsibility for control of education is reserved to the States and 
local school systems and other instrumentalities of the States and that 
no action shall be taken under the provisions of this Act by the 
Federal Government which would, directly or indirectly, impose 
standards or requirements of any kind through the promulgation of 
rules, regulations, provision of financial assistance and otherwise, 
which would reduce, modify, or undercut State and local responsibility 
for control of education.

SEC. 416. PROTECTION OF PUPILS.

    Section 439 of the General Education Provisions Act is amended to 
read as follows:

                      ``Protection of Pupil Rights

    ``Sec. 439. (a) All instructional materials, including teacher's 
manuals, films, tapes, or other supplementary material which will be 
used in connection with any survey, analysis, or evaluation as part of 
any applicable program shall be available for inspection by the parents 
or guardians of the children.
    ``(b) No student shall be required, as part of any applicable 
program, to submit to a survey, analysis, or evaluation that reveals 
information concerning:
            ``(1) political affiliations;
            ``(2) mental and psychological problems potentially 
        embarrassing to the student or his family;
            ``(3) sex behavior and attitudes;
            ``(4) illegal, anti-social, self-incriminating and 
        demeaning behavior;
            ``(5) critical appraisals of other individuals with whom 
        respondents have close family relationships;
            ``(6) legally recognized privileged or analogous 
        relationships, such as those of lawyers, physicians, and 
        ministers; or
            ``(7) income (other than that required by law to determine 
        eligibility for participation in a program or for receiving 
        financial assistance under such program),
without the prior consent of the student (if the student is an adult or 
emancipated minor), or in the case of an unemancipated minor, without 
the prior written consent of the parent.
    ``(c) Educational agencies and institutions shall give parents and 
students effective notice of their rights under this section.
    ``(d) Enforcement.--The Secretary shall take such action as the 
Secretary determines appropriate to enforce this section, except that 
action to terminate assistance provided under an applicable program 
shall be taken only if the Secretary determines that--
            ``(1) there has been a failure to comply with such section; 
        and
            ``(2) compliance with such section cannot be secured by 
        voluntary means.
    ``(e) Office and Review Board--The Secretary shall establish or 
designate an office and review board within the Department of Education 
to investigate, process, review, and adjudicate violations of the 
rights established under this section.''.

SEC. 417. CONTRACEPTIVE DEVICES.

    The Department of Health and Human Services and the Department of 
Education shall ensure that all federally funded programs which provide 
for the distribution of contraceptive devices to unemancipated minors 
develop procedures to encourage, to the extent practical, family 
participation in such programs.

SEC. 418. EDUCATIONAL AGENCIES NOT DENIED FUNDS FOR ADOPTING 
              CONSTITUTIONAL POLICY RELATIVE TO PRAYER IN SCHOOLS.

    Notwithstanding any other provision of this Act, no funds made 
available through the Department of Education under this Act, or any 
other Act, shall be denied to any State or local educational agency 
because it has adopted a constitutional policy relative to prayer in 
public school.

                TITLE V--NATIONAL SKILL STANDARDS BOARD

SEC. 501. SHORT TITLE.

    This title may be cited as the ``National Skill Standards Act of 
1994''.

SEC. 502. PURPOSE.

    It is the purpose of this title to establish a National Board to 
serve as a catalyst in stimulating the development and adoption of a 
voluntary national system of skill standards and of assessment and 
certification--
            (1) that will serve as a cornerstone of the national 
        strategy to enhance work force skills;
            (2) that will result in increased productivity, economic 
        growth, and American economic competitiveness; and
            (3) that can be used, consistent with civil rights laws--
                    (A) by the Nation, to ensure the development of a 
                high skills, high quality, high performance work force, 
                including the most skilled front-line work force in the 
                world;
                    (B) by industries, as a vehicle for informing 
                training providers and prospective employees of skills 
                necessary for employment;
                    (C) by employers, to assist in evaluating the skill 
                levels of prospective employees and to assist in the 
                training of current employees;
                    (D) by labor organizations, to enhance the 
                employment security of workers by providing portable 
                credentials and skills;
                    (E) by workers, to--
                            (i) obtain certifications of their skills 
                        to protect against dislocation;
                            (ii) pursue career advancement; and
                            (iii) enhance their ability to reenter the 
                        work force;
                    (F) by students and entry level workers, to 
                determine the skill levels and competencies needed to 
                be obtained in order to compete effectively for high 
                wage jobs;
                    (G) by training providers and educators, to 
                determine appropriate training services to be offered 
                by the providers and educators;
                    (H) by Government, to evaluate whether publicly 
                funded training assists participants to meet skill 
                standards where such standards exist and thereby 
                protect the integrity of public expenditures; and
                    (I) to facilitate linkages between other components 
                of the work force investment strategy, including 
                school-to-work transition and job training programs.

SEC. 503. ESTABLISHMENT OF NATIONAL BOARD.

    (a) In General.--There is established a National Skill Standards 
Board (hereafter referred to in this title as the ``National Board'').
    (b) Composition.--
            (1) In general.--The National Board shall be composed of 28 
        members (appointed in accordance with paragraph (3)), of whom--
                    (A) one member shall be the Secretary of Labor;
                    (B) one member shall be the Secretary of Education;
                    (C) one member shall be the Secretary of Commerce;
                    (D) one member shall be the Chairperson of the 
                National Education Standards and Improvement Council 
                established pursuant to section 212(a);
                    (E) eight members shall be representatives of 
                business (including representatives of small employers 
                and representatives of large employers) selected from 
                among individuals recommended by recognized national 
                business organizations or trade associations;
                    (F) eight members shall be representatives of 
                organized labor selected from among individuals 
                recommended by recognized national labor federations; 
                and
                    (G)(i) four members shall be certified human 
                resource professionals;
                    (ii) three members shall be representatives of 
                educational institutions (including vocational-
                technical institutions); and
                    (iii) one member shall be a representative of 
                nongovernmental organizations with a demonstrated 
                history of successfully protecting the rights of 
                racial, ethnic or religious minorities, women, persons 
                with disabilities, or older persons.
            (2) Special requirements.--The members described in 
        subparagraph (G) of paragraph (1) shall have expertise in the 
        area of education and training. The members described in 
        subparagraphs (E), (F), and (G) of paragraph (1) shall, in the 
        aggregate, represent a broad cross-section of occupations and 
        industries.
            (3) Appointment.--The membership of the National Board 
        shall be appointed as follows:
                    (A) Twelve members (four from each class of members 
                described in subparagraphs (E), (F), and (G) of 
                paragraph (1)) shall be appointed by the President.
                    (B) Six members (two from each class of members 
                described in subparagraphs (E), (F), and (G) of 
                paragraph (1)) shall be appointed by the Speaker of the 
                House of Representatives. Of the members so appointed, 
                three members (one from each class of members described 
                in subparagraphs (E), (F), and (G) of paragraph (1)) 
                shall be selected from recommendations made by the 
                Majority Leader of the House of Representatives and 
                three members (one from each class of members described 
                in subparagraphs (E), (F), and (G) of paragraph (1)) 
                shall be selected from recommendations made by the 
                Minority Leader of the House of Representatives.
                    (C) Six members (two from each class of members 
                described in subparagraphs (E), (F), and (G) of 
                paragraph (1)) shall be appointed by the President pro 
                tempore of the Senate. Of the members so appointed, 
                three members (one from each class of members described 
                in subparagraphs (E), (F), and (G) of paragraph (1)) 
                shall be selected from recommendations made by the 
                Majority Leader of the Senate and three members (one 
                from each class of members described in subparagraphs 
                (E), (F), and (G) of paragraph (1)) shall be selected 
                from recommendations made by the Minority Leader of the 
                Senate.
            (4) Ex officio nonvoting members.--The members of the 
        National Board specified in subparagraphs (A), (B), (C), and 
        (D) of paragraph (1) shall be ex officio, nonvoting members of 
        the National Board.
            (5) Term.--Each member of the National Board appointed 
        under subparagraph (E), (F), or (G) of paragraph (1) shall be 
        appointed for a term of 4 years, except that of the initial 
        members of the Board appointed under such subparagraphs--
                    (A) twelve members shall be appointed for a term of 
                3 years (four from each class of members described in 
                subparagraphs (E), (F), and (G) of paragraph (1)), of 
                whom--
                            (i) two from each such class shall be 
                        appointed in accordance with paragraph (3)(A);
                            (ii) one from each such class shall be 
                        appointed in accordance with paragraph (3)(B); 
                        and
                            (iii) one from each such class shall be 
                        appointed in accordance with paragraph (3)(C); 
                        and
                    (B) twelve members shall be appointed for a term of 
                4 years (four from each class of members described in 
                subparagraphs (E), (F), and (G) of paragraph (1)), of 
                whom--
                            (i) two from each such class shall be 
                        appointed in accordance with paragraph (3)(A);
                            (ii) one from each such class shall be 
                        appointed in accordance with paragraph (3)(B); 
                        and
                            (iii) one from each such class shall be 
                        appointed in accordance with paragraph (3)(C).
            (6) Vacancies.--Any vacancy in the National Board shall not 
        affect its powers, but shall be filled in the same manner as 
        the original appointment.
    (c) Chairperson and Vice Chairpersons.--
            (1) Chairperson.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the National Board, by majority vote, shall elect 
                a Chairperson once every 2 years from among the members 
                of the National Board.
                    (B) Initial chairperson.--The first Chairperson of 
                the National Board shall be elected, by a majority vote 
                of the National Board, from among the members who are 
                representatives of business (as described in 
                subparagraph (E) of subsection (b)(1)) and shall serve 
                for a term of 2 years.
            (2) Vice chairpersons.--The National Board, by majority 
        vote, shall annually elect 3 Vice Chairpersons (each 
        representing a different class of the classes of members 
        described in subparagraphs (E), (F), and (G) of subsection 
        (b)(1) and each of whom shall serve for a term of 1 year) from 
        among its members appointed under subsection (b)(3).
    (d) Compensation and Expenses.--
            (1) Compensation.--Members of the National Board who are 
        not full-time employees or officers of the Federal Government 
        shall serve without compensation.
            (2) Expenses.--The members of the National Board shall be 
        allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for employees of agencies 
        under subchapter I of chapter 57, title 5, United States Code, 
        while away from their homes or regular places of business in 
        the performance of services for the National Board.
    (e) Executive Director and Staff.--
            (1) Executive director.--The Chairperson of the National 
        Board shall appoint an Executive Director who shall be 
        compensated at a rate determined by the National Board not to 
        exceed the rate of pay for level V of the Executive Schedule 
        under section 5316 of title 5, United States Code.
            (2) Staff.--The Executive Director may appoint and 
        compensate such additional staff as may be necessary to enable 
        the Board to perform its duties. The Executive Director may fix 
        the compensation of the staff without regard to the provisions 
        of chapter 51 and subchapter III of chapter 53 of title 5, 
        United States Code, relating to classification of positions and 
        General Schedule pay rates, except that the rate of pay for the 
        staff may not exceed the rate payable for level V of the 
        Executive Schedule under section 5316 of such title.
    (f) Gifts.--The National Board is authorized, in carrying out this 
title, to accept and employ or dispose of in furtherance of the 
purposes of this title, any money or property, real, personal, or 
mixed, tangible or intangible, received by gift, devise, bequest, or 
otherwise, and to accept voluntary and uncompensated services 
notwithstanding the provisions of section 1342 of title 31, United 
States Code.
    (g) Agency Support.--
            (1) Use of facilities.--The National Board may use the 
        research, equipment, services and facilities of any agency or 
        instrumentality of the United States with the consent of such 
        agency or instrumentality.
            (2) Staff of federal agencies.--Upon the request of the 
        National Board, the head of any Federal agency of the United 
        States may detail to the National Board, on a reimbursable 
        basis, any of the personnel of such Federal agency to assist 
        the National Board in carrying out this title. Such detail 
        shall be without interruption or loss of civil service status 
        or privilege.
    (h) Procurement of Temporary and Intermittent Services.--The 
Chairperson of the National Board may procure temporary and 
intermittent services of experts and consultants under section 3109(b) 
of title 5, United States Code.
    (i) Termination of the Commission.--Section 14(a)(2) of the Federal 
Advisory Committee Act (5 U.S.C. App.) shall not apply with respect to 
the termination of the National Board.

SEC. 504. FUNCTIONS OF THE NATIONAL BOARD.

    (a) Identification of Occupations.--The National Board, after 
extensive public consultation, shall identify broad clusters of major 
occupations that involve one or more than one industry in the United 
States.
    (b) Establishment of Voluntary Partnerships To Develop Standards.--
            (1) In general.--For each of the occupational clusters 
        identified pursuant to subsection (a), the National Board shall 
        encourage and facilitate the establishment of voluntary 
        partnerships to develop a skill standards system in accordance 
        with subsection (d).
            (2) Representatives.--Such voluntary partnerships shall 
        include the full and balanced participation of--
                    (A)(i) representatives of business (including 
                representatives of large employers and representatives 
                of small employers) who have expertise in the area of 
                work force skill requirements, and who are recommended 
                by national business organizations or trade 
                associations representing employers in the occupation 
                or industry for which a standard is being developed; 
                and
                    (ii) representatives of trade associations that 
                have received grants from the Department of Labor or 
                the Department of Education to establish skill 
                standards prior to the date of enactment of this title;
                    (B) employee representatives who--
                            (i) have expertise in the area of work 
                        force skill requirements; and
                            (ii) shall be--
                                    (I) individuals recommended by 
                                recognized national labor organizations 
                                representing employees in the 
                                occupation or industry for which a 
                                standard is being developed; and
                                    (II) such individuals who are 
                                nonmanagerial employees with 
                                significant experience and tenure in 
                                such occupation or industry as are 
                                appropriate given the nature and 
                                structure of employment in the 
                                occupation or industry; and
                    (C) representatives of--
                            (i) educational institutions;
                            (ii) community-based organizations;
                            (iii) State and local agencies with 
                        administrative control or direction over 
                        education or over employment and training;
                            (iv) other policy development organizations 
                        with expertise in the area of work force skill 
                        requirements; or
                            (v) nongovernmental organizations with a 
                        demonstrated history of successfully protecting 
                        the rights of racial, ethnic, or religious 
                        minorities, women, persons with disabilities, 
                        or older persons.
            (3) Experts.--The partnerships described in paragraph (2) 
        may also include other individuals who are independent, 
        qualified experts in their fields.
    (c) Research, Dissemination, and Coordinations.--In order to 
support the activities described in subsections (b) and (d), the 
National Board shall--
            (1) conduct work force research relating to skill standards 
        and make the results of such research available to the public, 
        including the voluntary partnerships described in subsection 
        (b);
            (2) identify and maintain a catalog of skill standards used 
        by other countries and by States and leading firms and 
        industries in the United States;
            (3) serve as a clearinghouse to facilitate the sharing of 
        information on the development of skill standards and other 
        relevant information among representatives of occupations and 
        industries identified pursuant to subsection (a), and among 
        education and training providers;
            (4) develop a common nomenclature relating to skill 
        standards;
            (5) encourage the development and adoption of curricula and 
        training materials, for attaining the skill standards endorsed 
        pursuant to subsection (d), that provide for structured work 
        experiences and related study programs leading to progressive 
        levels of professional and technical certification;
            (6) provide appropriate technical assistance to voluntary 
        partnerships involved in the development of standards and 
        systems described in subsection (b); and
            (7) facilitate coordination among voluntary partnerships 
        that meet the requirements of subsection (b)(2) in order to 
        promote the development of a coherent national system of 
        voluntary skill standards.
    (d) Endorsement of Skill Standards Systems.--
            (1) In general.--The National Board, after public review 
        and comment, shall endorse skill standards systems relating to 
        the occupational clusters identified pursuant to subsection (a) 
        that--
                    (A) meet the requirements of paragraph (2);
                    (B) are submitted by voluntary partnerships that 
                meet the requirements of subsection (b)(2); and
                    (C) meet additional objective criteria that are 
                published by the National Board.
            (2) Components of system.--The skill standards systems 
        endorsed pursuant to paragraph (1) shall have one or more of 
        the following components:
                    (A) Voluntary skill standards, which--
                            (i) are formulated in such a manner that 
                        promotes the portability of credentials and 
                        facilitates worker mobility within an 
                        occupational cluster or industry and among 
                        industries;
                            (ii) are in a form that allows for regular 
                        updating to take into account advances in 
                        technology or other developments within the 
                        occupational cluster;
                            (iii) are not discriminatory with respect 
                        to race, color, religion, sex, national origin, 
                        ethnicity, age, or disability;
                            (iv) meet or exceed the highest applicable 
                        standards used in the United States, including 
                        apprenticeship standards registered under the 
                        Act of August 16, 1937 (commonly known as the 
                        ``National Apprenticeship Act'', 50 Stat. 664, 
                        chapter 663, 29 U.S.C. 50 et seq.); and
                            (v) have been developed after taking into 
                        account--
                                    (I) relevant standards used in 
                                other countries and relevant 
                                international standards;
                                    (II) voluntary national content 
                                standards and voluntary national 
                                student performance standards developed 
                                pursuant to section 213; and
                                    (III) the requirements of high 
                                performance work organizations.
                    (B) A voluntary system of assessment and 
                certification of the attainment of skill standards 
                developed pursuant to subparagraph (A), which--
                            (i) utilizes a variety of evaluation 
                        techniques, including, where appropriate, oral 
                        and written evaluations, portfolio assessments, 
                        and performance tests;
                            (ii) includes methods for establishing the 
                        validity and reliability of the assessment and 
                        certification system for the intended purposes 
                        of the system; and
                            (iii) has been developed after taking into 
                        account relevant methods of assessment and 
                        certification used in other countries.
                    (C) A system to disseminate information relating to 
                the skill standards, and the assessment and 
                certification systems, developed pursuant to this 
                paragraph (including dissemination of information 
                relating to civil rights laws relevant to the use of 
                such standards and systems), and to promote use of such 
                standards and systems by, entities such as institutions 
                of higher education offering professional and technical 
                education, labor organizations, trade and technical 
                associations, and employers providing formalized 
                training, and other organizations likely to benefit 
                from such standards and systems.
                    (D) A system to evaluate the implementation and 
                effectiveness of the skill standards, the assessment 
                and certification systems, and the information 
                dissemination systems, developed pursuant to this 
                paragraph.
                    (E) A system to periodically revise and update the 
                skill standards, and the assessment and certification 
                systems, developed pursuant to this paragraph, which 
                will take into account changes in standards in other 
                countries.
    (e) Relationship With Civil Rights Laws.--
            (1) In general.--Nothing in this title shall be construed 
        to modify or affect any Federal or State law prohibiting 
        discrimination on the basis of race, color, religion, sex, 
        national origin, ethnicity, age, or disability.
            (2) Evidence.--The endorsement or absence of an endorsement 
        by the National Board of a skill standard, or assessment and 
        certification system, endorsed under subsection (d) may not be 
        used in any action or proceeding to establish that the use of a 
        skill standard or assessment and certification system conforms 
        or does not conform to the requirements of civil rights laws.
    (f) Coordination.--The National Board shall establish cooperative 
arrangements with the National Education Standards and Improvement 
Council to promote the coordination of the development of skill 
standards under this section with the development of voluntary national 
content standards and voluntary national student performance standards 
in accordance with section 213.
    (g) Financial Assistance.--
            (1) In general.--(A) From funds appropriated pursuant to 
        the authority of section 507, the Secretary of Labor may award 
        grants and enter into contracts and cooperative arrangements 
        (including awarding grants to, and entering into contracts and 
        cooperative agreements with, voluntary partnerships in 
        accordance with paragraph (2)) that are requested by the 
        National Board for the purposes of carrying out this title.
            (B) Each entity desiring a grant, contract or cooperative 
        agreement under this title shall submit an application to the 
        National Board at such time, in such manner and accompanied by 
        such information as the National Board may reasonably require.
            (2) Special rule regarding assistance for voluntary 
        partnerships.--The Secretary only shall award a grant to, or 
        enter into a contract or cooperative agreement with, a 
        voluntary partnership that meets the requirements of subsection 
        (b)(2) for the development of skill standards systems in 
        accordance with subsection (d).
            (3) Criteria for board consideration.--Prior to each of the 
        fiscal years 1994 through 1998, the National Board shall 
        publish objective criteria for the National Board's 
        consideration of applications submitted pursuant to paragraph 
        (1)(B).
            (4) Recommendations to the secretary of labor.--The 
        National Board shall review each application received pursuant 
        to paragraph (1)(B) in accordance with the objective criteria 
        published pursuant to paragraph (3), and shall submit each such 
        application to the Secretary of Labor accompanied by a 
        recommendation by the National Board on whether or not the 
        Secretary of Labor should award a grant to the applicant.
            (5) Limitation on use of funds.--
                    (A) In general.--Not more than 20 percent of the 
                funds appropriated pursuant to the authority of section 
                507(a) for each fiscal year shall be used by the 
                National Board for the costs of administration.
                    (B) Startup costs.--Notwithstanding subparagraph 
                (A), in order to facilitate the establishment of the 
                National Board, the limitation contained in 
                subparagraph (A) shall not apply to funds appropriated 
                pursuant to the authority of section 507(a) for fiscal 
                year 1994.
                    (C) Definition.--For purposes of this paragraph, 
                the term ``costs of administration'' means costs 
                relating to staff, supplies, equipment, space, and 
                travel and per diem, costs of conducting meetings and 
                conferences, and other related costs.

SEC. 505. DEADLINES.

    Not later than December 31, 1996, the National Board shall--
            (1) identify occupational clusters pursuant to section 
        504(a) representing a substantial portion of the work force; 
        and
            (2) promote the endorsement of an initial set of skill 
        standards in accordance with section 504(d) for such clusters.

SEC. 506. REPORTS.

    The National Board shall prepare and submit to the President and 
the Congress in each of the fiscal years 1994 through 1998, a report on 
the activities conducted under this title. Such report shall include 
information on the extent to which skill standards have been adopted by 
employers, training providers, and other entities, and on the 
effectiveness of such standards in accomplishing the purposes described 
in section 502.

SEC. 507. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to carry 
out this title $15,000,000 for fiscal year 1994 and such sums as may be 
necessary for each of fiscal years 1995 through 1998.
    (b) Availability.--Amounts appropriated pursuant to subsection (a) 
shall remain available until expended.

SEC. 508. DEFINITIONS.

    As used in this title:
            (1) Community-based organizations.--The term ``community-
        based organizations'' has the meaning given the term in section 
        4(5) of the Job Training Partnership Act (29 U.S.C. 1503(5)).
            (2) Educational institution.--The term ``educational 
        institution'' means a high school, a vocational school, and an 
        institution of higher education.
            (3) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given the 
        term in section 1201(a) of the Higher Education Act of 1965 (20 
        U.S.C. 1141(a)).
            (4) Skill standard.--The term ``skill standard'' means the 
        level of knowledge and competence required to successfully 
        perform work-related functions within an occupational cluster.

SEC. 509. SUNSET PROVISION.

    (a) Repeal.--This title is repealed on September 30, 1998.
    (b) Review of Repeal.--It is the sense of the Congress that the 
appropriate committees of the Congress should review the 
accomplishments of the National Board prior to the date of repeal 
described in subsection (a) in order to determine whether it is 
appropriate to extend the authorities provided under this title for a 
period beyond such date.

                         TITLE VI--SAFE SCHOOLS

                      PART A--SAFE SCHOOLS PROGRAM

SEC. 601. SHORT TITLE; STATEMENT OF PURPOSE.

    (a) Short Title.--This part may be cited as the ``Safe Schools Act 
of 1994''.
    (b) Statement of Purpose.--It is the purpose of this part to help 
local school systems achieve Goal Six of the National Education Goals, 
which provides that by the year 2000, every school in America will be 
free of drugs and violence and will offer a disciplined environment 
conducive to learning, by ensuring that all schools are safe and free 
of violence.

SEC. 602. SAFE SCHOOLS PROGRAM AUTHORIZED.

    (a) Authority.--
            (1) In general.--From funds appropriated pursuant to the 
        authority of subsection (b)(1), the Secretary shall make 
        competitive grants to eligible local educational agencies to 
        enable such agencies to carry out projects and activities 
        designed to achieve Goal Six of the National Education Goals by 
        helping to ensure that all schools are safe and free of 
        violence.
            (2) Grant duration and amount.--Grants under this part may 
        not exceed--
                    (A) two fiscal years in duration, except that the 
                Secretary shall not award any new grants in fiscal year 
                1996 but may make payments pursuant to a 2-year grant 
                which terminates in such fiscal year; and
                    (B) $3,000,000 in any fiscal year.
            (3) Geographic distribution.--To the extent practicable, 
        grants under this title shall be awarded to eligible local 
        educational agencies serving rural, as well as urban, areas.
    (b) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated 
        $75,000,000 for fiscal year 1994, $100,000,000 for fiscal year 
        1995, and such sums as may be necessary for fiscal year 1996, 
        to carry out this part.
            (2) Reservation.--The Secretary is authorized in each 
        fiscal year to reserve not more than 10 percent of the amount 
        appropriated pursuant to the authority of paragraph (1) to 
        carry out national leadership activities described in section 
        606, of which 50 percent of such amount shall be available in 
        such fiscal year to carry out the program described in section 
        606(b).

SEC. 603. ELIGIBLE APPLICANTS.

    (a) In General.--To be eligible to receive a grant under this part, 
a local educational agency shall demonstrate in the application 
submitted pursuant to section 604(a) that such agency--
            (1) serves an area in which there is a high rate of--
                    (A) homicides committed by persons between the ages 
                5 to 18, inclusive;
                    (B) referrals of youth to juvenile court;
                    (C) youth under the supervision of the courts;
                    (D) expulsions and suspension of students from 
                school;
                    (E) referrals of youth, for disciplinary reasons, 
                to alternative schools; or
                    (F) victimization of youth by violence, crime, or 
                other forms of abuse; and
            (2) has serious school crime, violence, and discipline 
        problems, as indicated by other appropriate data.
    (b) Priority.--In awarding grants under this part, the Secretary 
shall give priority to a local educational agency that--
            (1) receives assistance under section 1006 of the 
        Elementary and Secondary Education Act of 1965 or meets the 
        criteria described in clauses (i) and (ii) of section 
        1006(a)(1)(A) of such Act; and
            (2) submits an application that assures a strong local 
        commitment to the projects or activities assisted under this 
        part, such as--
                    (A) the formation of partnerships among the local 
                educational agency, a community-based organization, a 
                nonprofit organization with a demonstrated commitment 
                to or expertise in developing education programs or 
                providing educational services to students or the 
                public, a local law enforcement agency, or any 
                combination thereof; and
                    (B) a high level of youth participation in such 
                projects or activities.
    (c) Definitions.--For the purpose of this part--
            (1) the term ``local educational agency'' has the same 
        meaning given to such term in section 1471(12) of the 
        Elementary and Secondary Education Act of 1965; and
            (2) the term ``Secretary'' means the Secretary of 
        Education.

SEC. 604. APPLICATIONS AND PLANS.

    (a) Application.--In order to receive a grant under this part, a 
local educational agency shall submit to the Secretary an application 
that includes--
            (1) an assessment of the current violence and crime 
        problems in the schools and community to be served by the 
        grant;
            (2) an assurance that the applicant has written policies 
        regarding school safety, student discipline, and the 
        appropriate handling of violent or disruptive acts;
            (3) a description of the schools and communities to be 
        served by the grant, the projects and activities to be carried 
        out with grant funds, and how these projects and activities 
        will help to reduce the current violence and crime problems in 
        such schools and communities;
            (4) if the local educational agency receives funds under 
        Goals 2000: Educate America Act, an explanation of how projects 
        and activities assisted under this part will be coordinated 
        with and support such agency's comprehensive local improvement 
        plan prepared under that Act;
            (5) the applicant's plan to establish school-level advisory 
        committees, which include faculty, parents, staff, and 
        students, for each school to be served by the grant and a 
        description of how each committee will assist in assessing that 
        school's violence and discipline problems as well as in 
        designing appropriate programs, policies, and practices to 
        address those problems;
            (6) the applicant's plan for collecting baseline and future 
        data, by individual schools, to monitor violence and discipline 
        problems and to measure such applicant's progress in achieving 
        the purpose of this part;
            (7) an assurance that grant funds under this part will be 
        used to supplement and not to supplant State and local funds 
        that would, in the absence of funds under this part, be made 
        available by the applicant for the purpose of this part;
            (8) an assurance that the applicant will cooperate with, 
        and provide assistance to, the Secretary in gathering 
        statistics and other data the Secretary determines are 
        necessary to assess the effectiveness of projects and 
        activities assisted under this part or the extent of school 
        violence and discipline problems throughout the Nation;
            (9) an assurance that the local educational agency has a 
        written policy that prohibits sexual contact between school 
        personnel and a student; and
            (10) such other information as the Secretary may require.
    (b) Plan.--In order to receive funds under this part for a second 
year, a grantee shall submit to the Secretary a comprehensive, long-
term, school safety plan for reducing and preventing school violence 
and discipline problems. Such plan shall contain--
            (1) a description of how the grantee will coordinate its 
        school crime and violence prevention efforts with education, 
        law-enforcement, judicial, health, social service, and other 
        appropriate agencies and organizations serving the community; 
        and
            (2) in the case that the grantee receives funds under the 
        Goals 2000: Educate America Act, an explanation of how the 
        grantee's comprehensive plan under this subsection is 
        consistent with and supports its comprehensive local 
        improvement plan prepared under that Act, if such explanation 
        differs from that provided in the grantee's application under 
        that Act.

SEC. 605. USE OF FUNDS.

    (a) Use of Funds.--
            (1) In general.--A local educational agency shall use grant 
        funds received under this part for one or more of the following 
        activities:
                    (A) Identifying and assessing school violence and 
                discipline problems, including coordinating needs 
                assessment activities and education, law-enforcement, 
                judicial, health, social service, and other appropriate 
                agencies and organizations.
                    (B) Conducting school safety reviews or violence 
                prevention reviews of programs, policies, practices, 
                and facilities to determine what changes are needed to 
                reduce or prevent violence and promote safety and 
                discipline.
                    (C) Planning for comprehensive, long-term 
                strategies for addressing and preventing school 
                violence and discipline problems through the 
                involvement and coordination of school programs with 
                other education, law-enforcement, judicial, health, 
                social service, and other appropriate agencies and 
                organizations.
                    (D) Training school personnel in programs of 
                demonstrated effectiveness in addressing violence, 
                including violence prevention, conflict resolution, 
                anger management, peer mediation, and identification of 
                high-risk youth.
                    (E) Community education programs, including video- 
                and technology-based projects, informing parents, 
                businesses, local government, the media and other 
                appropriate entities about--
                            (i) the local educational agency's plan to 
                        promote school safety and reduce and prevent 
                        school violence and discipline problems; and
                            (ii) the need for community support.
                    (F) Coordination of school-based activities 
                designed to promote school safety and reduce or prevent 
                school violence and discipline problems with related 
                efforts of education, law-enforcement, judicial, 
                health, social service, and other appropriate agencies 
                and organizations.
                    (G) Developing and implementing violence prevention 
                activities, including--
                            (i) conflict resolution and social skills 
                        development for students, teachers, aides, 
                        other school personnel, and parents;
                            (ii) disciplinary alternatives to expulsion 
                        and suspension of students who exhibit violent 
                        or anti-social behavior;
                            (iii) student-led activities such as peer 
                        mediation, peer counseling, and student courts; 
                        or
                            (iv) alternative after-school programs that 
                        provide safe havens for students, which may 
                        include cultural, recreational, and educational 
                        and instructional activities.
                    (H) Educating students and parents regarding the 
                dangers of guns and other weapons and the consequences 
                of their use.
                    (I) Developing and implementing innovative 
                curricula to prevent violence in schools and training 
                staff how to stop disruptive or violent behavior if 
                such behavior occurs.
                    (J) 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.
                    (K) Counseling programs for victims and witnesses 
                of school violence and crime.
                    (L) Minor remodeling to promote security and reduce 
                the risk of violence, such as removing lockers, 
                installing better lights, and upgrading locks.
                    (M) Acquiring and installing metal detectors and 
                hiring security personnel.
                    (N) Reimbursing law enforcement authorities for 
                their personnel who participate in school violence 
                prevention activities.
                    (O) Evaluating projects and activities assisted 
                under this part.
                    (P) The cost of administering projects or 
                activities assisted under this part.
                    (Q) Other projects or activities that meet the 
                purpose of this part.
            (2) Limitation.--A local educational agency may use not 
        more than--
                    (A) a total of 10 percent of grant funds received 
                under this part in each fiscal year for activities 
                described in subparagraphs (J), (L), (M), and (N) of 
                paragraph (1); and
                    (B) 5 percent of grant funds received under this 
                part in each fiscal year for activities described in 
                subparagraph (P) of paragraph (1).
            (3) Prohibition.--A local educational agency may not use 
        grant funds received under this part for construction.

SEC. 606. NATIONAL LEADERSHIP.

    (a) In General.--To carry out the purpose of this part, the 
Secretary is authorized to use funds reserved under section 602(b)(2) 
to conduct national leadership activities such as research, program 
development and evaluation, data collection, public awareness 
activities, training and technical assistance, dissemination (through 
appropriate research entities assisted by the Department of Education) 
of information on successful projects, activities, and strategies 
developed pursuant to this part, and peer review of applications under 
this part. The Secretary may carry out such activities directly, 
through interagency agreements, or through grants, contracts or 
cooperative agreements.
    (b) National Model City.--The Secretary shall designate the 
District of Columbia as a national model city and shall provide funds 
made available pursuant to section 602(b)(2) in each fiscal year to a 
local educational agency serving the District of Columbia in an amount 
sufficient to enable such agency to carry out a comprehensive program 
to address school and youth violence.

SEC. 607. NATIONAL COOPERATIVE EDUCATION STATISTICS SYSTEM.

    Subparagraph (A) of section 406(h)(2) of the General Education 
Provisions Act (20 U.S.C. 1221e-1(h)(2)(A)) is amended--
            (1) in clause (vi), by striking ``and'' after the 
        semicolon; and
            (2) by adding after clause (vii) the following new clause:
                            ``(viii) school safety policy, and 
                        statistics on the incidents of school violence; 
                        and''.

SEC. 608. COORDINATION OF FEDERAL ASSISTANCE.

    The Attorney General, through the Coordinating Council on Juvenile 
Justice and Delinquency Prevention of the Department of Justice, shall 
coordinate the programs and activities carried out under this Act with 
the programs and activities carried out by the departments and offices 
represented within the Council that provide assistance under other law 
for purposes that are similar to the purpose of this Act, in order to 
avoid redundancy and coordinate Federal assistance, research, and 
programs for youth violence prevention.

SEC. 609. EFFECTIVE DATE.

    This part and the amendments made by this part shall take effect on 
the date of enactment of this Act.

      PART B--STATE LEADERSHIP ACTIVITIES TO PROMOTE SAFE SCHOOLS

SEC. 621. STATE LEADERSHIP ACTIVITIES TO PROMOTE SAFE SCHOOLS PROGRAM.

    (a) Short Title.--This section may be cited as the ``State 
Leadership Activities to Promote Safe Schools Act''.
    (b) Authority.--The Secretary is authorized to award grants to 
State educational agencies from allocations under subsection (c) to 
enable such agencies to carry out the authorized activities described 
in subsection (e).
    (c) Allocation.--Each State educational agency having an 
application approved under subsection (d) shall be eligible to receive 
a grant under this section for each fiscal year that bears the same 
ratio to the amount appropriated pursuant to the authority of 
subsection (f) for such year as the amount such State educational 
agency receives pursuant to section 1006 of the Elementary and 
Secondary Education Act of 1965 for such year bears to the total amount 
allocated to all such agencies in all States having applications 
approved under subsection (d) for such year, except that no State 
educational agency having an application approved under subsection (d) 
in any fiscal year shall receive less than $100,000 for such year.
    (d) Application.--Each State 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 as the Secretary 
may reasonably require. Each such application shall--
            (1) describe the activities and services for which 
        assistance is sought;
            (2) contain a statement of the State educational agency's 
        goals and objectives for violence prevention and a description 
        of the procedures to be used for assessing and publicly 
        reporting progress toward meeting those goals and objectives; 
        and
            (3) contain a description of how the State educational 
        agency will coordinate such agency's activities under this 
        section with the violence prevention efforts of other State 
        agencies.
    (e) Use of Funds.--Grant funds awarded under this section shall be 
used--
            (1) to support a statewide resource coordinator;
            (2) to provide technical assistance to both rural and urban 
        local school districts;
            (3) to disseminate to local educational agencies and 
        schools information on successful school violence prevention 
        programs funded through Federal, State, local and private 
        sources;
            (4) to make available to local educational agencies teacher 
        training and parent and student awareness programs, which 
        training and programs may be provided through video or other 
        telecommunications approaches;
            (5) to supplement and not supplant other Federal, State and 
        local funds available to carry out the activities assisted 
        under this section; and
            (6) for other activities the Secretary may deem 
        appropriate.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated $10,000,000 for each of the fiscal years 1995 and 1996 to 
carry out this section.

     TITLE VII--MIDNIGHT BASKETBALL LEAGUE TRAINING AND PARTNERSHIP

SEC. 701. SHORT TITLE.

    This title may be cited as the ``Midnight Basketball League 
Training and Partnership Act''.

SEC. 702. GRANTS FOR MIDNIGHT BASKETBALL LEAGUE TRAINING AND 
              PARTNERSHIP PROGRAMS.

    Section 520 of the Cranston-Gonzalez National Affordable Housing 
Act (42 U.S.C. 11903a) is amended--
            (1) in the section heading by inserting ``and assisted'' 
        after ``public'';
            (2) in the subsection heading for subsection (a), by 
        inserting ``Public Housing'' before ``Youth''; and
            (3) by adding at the end the following new subsection:
    ``(l) Midnight Basketball League Training and Partnership 
Programs.--
            ``(1) Authority.--The Secretary of Housing and Urban 
        Development shall make grants, to the extent that amounts are 
        approved in appropriations Acts under paragraph (13), to--
                    ``(A) eligible entities to assist such entities in 
                carrying out midnight basketball league programs 
                meeting the requirements of paragraph (4); and
                    ``(B) eligible advisory entities to provide 
                technical assistance to eligible entities in 
                establishing and operating such midnight basketball 
                league programs.
            ``(2) Eligible entities.--
                    ``(A) In general.--Subject to subparagraph (B), 
                grants under paragraph (1)(A) may be made only to the 
                following eligible entities:
                            ``(i) Entities eligible under subsection 
                        (b) for a grant under subsection (a).
                            ``(ii) Nonprofit organizations providing 
                        employment counseling, job training, or other 
                        educational services.
                            ``(iii) Nonprofit organizations providing 
                        federally assisted low-income housing.
                    ``(B) Prohibition on second grants.--A grant under 
                paragraph (1)(A) may not be made to an eligible entity 
                if the entity has previously received a grant under 
                such paragraph, except that the Secretary may exempt an 
                eligible advisory entity from the prohibition under 
                this subparagraph in extraordinary circumstances.
            ``(3) Use of grant amounts.--Any eligible entity that 
        receives a grant under paragraph (1)(A) may use such amounts 
        only--
                    ``(A) to establish or carry out a midnight 
                basketball league program under paragraph (4);
                    ``(B) for salaries for administrators and staff of 
                the program;
                    ``(C) for other administrative costs of the 
                program, except that not more than 5 percent of the 
                grant amount may be used for such administrative costs; 
                and
                    ``(D) for costs of training and assistance provided 
                under paragraph (4)(I).
            ``(4) Program requirements.--Each eligible entity receiving 
        a grant under paragraph (1)(A) shall establish a midnight 
        basketball league program as follows:
                    ``(A) The program shall establish a basketball 
                league of not less than 8 teams having 10 players each.
                    ``(B) Not less than 50 percent of the players in 
                the basketball league shall be residents of federally 
                assisted low-income housing or members of low-income 
                families (as such term is defined in section 3(b) of 
                the United States Housing Act of 1937).
                    ``(C) The program shall be designed to serve 
                primarily youths and young adults from a neighborhood 
                or community whose population has not less than 2 of 
                the following characteristics (in comparison with 
                national averages):
                            ``(i) A substantial problem regarding use 
                        or sale of illegal drugs.
                            ``(ii) A high incidence of crimes committed 
                        by youths or young adults.
                            ``(iii) A high incidence of persons 
                        infected with the human immunodeficiency virus 
                        or sexually transmitted diseases.
                            ``(iv) A high incidence of pregnancy or a 
                        high birth rate, among adolescents.
                            ``(v) A high unemployment rate for youths 
                        and young adults.
                            ``(vi) A high rate of high school drop-
                        outs.
                    ``(D) The program shall require each player in the 
                league to attend employment counseling, job training, 
                and other educational classes provided under the 
                program, which shall be held immediately following the 
                conclusion of league basketball games at or near the 
                site of the games and at other specified times.
                    ``(E) The program shall serve only youths and young 
                adults who demonstrate a need for such counseling, 
                training, and education provided by the program, in 
                accordance with criteria for demonstrating need, which 
                shall be established by the Secretary, in consultation 
                with the Advisory Committee.
                    ``(F) The majority of the basketball games of the 
                league shall be held between the hours of 10:00 p.m. 
                and 2:00 a.m. at a location in the neighborhood or 
                community served by the program.
                    ``(G) The program shall obtain sponsors for each 
                team in the basketball league. Sponsors shall be 
                private individuals or businesses in the neighborhood 
                or community served by the program who make financial 
                contributions to the program and participate in or 
                supplement the employment, job training, and 
                educational services provided to the players under the 
                program with additional training or educational 
                opportunities.
                    ``(H) The program shall comply with any criteria 
                established by the Secretary, in consultation with the 
                Advisory Committee established under paragraph (9).
                    ``(I) Administrators or organizers of the program 
                shall receive training and technical assistance 
                provided by eligible advisory entities receiving grants 
                under paragraph (8).
            ``(5) Grant amount limitations.--
                    ``(A) Private contributions.--The Secretary may not 
                make a grant under paragraph (1)(A) to an eligible 
                entity that applies for a grant under paragraph (6) 
                unless the applicant entity certifies to the Secretary 
                that the entity will supplement the grant amounts with 
                amounts of funds from non-Federal sources, as follows:
                            ``(i) In each of the first 2 years that 
                        amounts from the grant are disbursed (under 
                        subparagraph (E)), an amount sufficient to 
                        provide not less than 35 percent of the cost of 
                        carrying out the midnight basketball league 
                        program.
                            ``(ii) In each of the last 3 years that 
                        amounts from the grant are disbursed, an amount 
                        sufficient to provide not less than 50 percent 
                        of the cost of carrying out the midnight 
                        basketball league program.
                    ``(B) Non-federal funds.--For purposes of this 
                paragraph, the term `funds from non-Federal sources' 
                includes amounts from nonprofit organizations, public 
                housing agencies, States, units of general local 
                government, and Indian housing authorities, private 
                contributions, any salary paid to staff (other than 
                from grant amounts under paragraph (1)(A)) to carry out 
                the program of the eligible entity, in-kind 
                contributions to carry out the program (as determined 
                by the Secretary after consultation with the Advisory 
                Committee), the value of any donated material, 
                equipment, or building, the value of any lease on a 
                building, the value of any utilities provided, and the 
                value of any time and services contributed by 
                volunteers to carry out the program of the eligible 
                entity.
                    ``(C) Prohibition on substitution of funds.--Grant 
                amounts under paragraph (1)(A) and amounts provided by 
                States and units of general local government to 
                supplement grant amounts may not be used to replace 
                other public funds previously used, or designated for 
                use, under this section.
                    ``(D) Maximum and minimum grant amounts.--
                            ``(i) In general.--The Secretary may not 
                        make a grant under paragraph (1)(A) to any 
                        single eligible entity in an amount less than 
                        $55,000 or exceeding $130,000, except as 
                        provided in clause (ii).
                            ``(ii) Exception for large leagues.--In the 
                        case of a league having more than 80 players, a 
                        grant under paragraph (1)(A) may exceed 
                        $130,000, but may not exceed the amount equal 
                        to 35 percent of the cost of carrying out the 
                        midnight basketball league program.
                    ``(E) Disbursement.--Amounts provided under a grant 
                under paragraph (1)(A) shall be disbursed to the 
                eligible entity receiving the grant over the 5-year 
                period beginning on the date that the entity is 
                selected to receive the grant, as follows:
                            ``(i) In each of the first 2 years of such 
                        5-year period, 23 percent of the total grant 
                        amount shall be disbursed to the entity.
                            ``(ii) In each of the last 3 years of such 
                        5-year period, 18 percent of the total grant 
                        amount shall be disbursed to the entity.
            ``(6) Applications.--To be eligible to receive a grant 
        under paragraph (1)(A), an eligible entity shall submit to the 
        Secretary an application in the form and manner required by the 
        Secretary (after consultation with the Advisory Committee), 
        which shall include--
                    ``(A) a description of the midnight basketball 
                league program to be carried out by the entity, 
                including a description of the employment counseling, 
                job training, and other educational services to be 
                provided;
                    ``(B) letters of agreement from service providers 
                to provide training and counseling services required 
                under paragraph (4) and a description of such service 
                providers;
                    ``(C) letters of agreement providing for facilities 
                for basketball games and counseling, training, and 
                educational services required under paragraph (4) and a 
                description of the facilities;
                    ``(D) a list of persons and businesses from the 
                community served by the program who have expressed 
                interest in sponsoring, or have made commitments to 
                sponsor, a team in the midnight basketball league; and
                    ``(E) evidence that the neighborhood or community 
                served by the program meets the requirements of 
                paragraph (4)(C).
            ``(7) Selection.--The Secretary, in consultation with the 
        Advisory Committee, shall select eligible entities that have 
        submitted applications under paragraph (6) to receive grants 
        under paragraph (1)(A). The Secretary, in consultation with the 
        Advisory Committee, shall establish criteria for selection of 
        applicants to receive such grants. The criteria shall include a 
        preference for selection of eligible entities carrying out 
        midnight basketball league programs in suburban and rural 
        areas.
            ``(8) Technical assistance grants.--Technical assistance 
        grants under paragraph (1)(B) shall be made as follows:
                    ``(A) Eligible advisory entities.--Technical 
                assistance grants may be made only to entities that--
                            ``(i) are experienced and have expertise in 
                        establishing, operating, or administering 
                        successful and effective programs for midnight 
                        basketball and employment, job training, and 
                        educational services similar to the programs 
                        under paragraph (4); and
                            ``(ii) have provided technical assistance 
                        to other entities regarding establishment and 
                        operation of such programs.
                    ``(B) Use.--Amounts received under technical 
                assistance grants shall be used to establish centers 
                for providing technical assistance to entities 
                receiving grants under paragraph (1)(A) of this 
                subsection and subsection (a) regarding establishment, 
                operation, and administration of effective and 
                successful midnight basketball league programs under 
                this subsection and subsection (c)(3).
                    ``(C) Number and amount.--To the extent that 
                amounts are provided in appropriations Acts under 
                paragraph (13)(B) in each fiscal year, the Secretary 
                shall make technical assistance grants under paragraph 
                (1)(B). In each fiscal year that such amounts are 
                available the Secretary shall make 4 such grants, as 
                follows:
                            ``(i) 2 grants shall be made to eligible 
                        advisory entities for development of midnight 
                        basketball league programs in public housing 
                        projects.
                            ``(ii) 2 grants shall be made to eligible 
                        advisory entities for development of midnight 
                        basketball league programs in suburban or rural 
                        areas.
                Each grant shall be in an amount not exceeding $25,000.
            ``(9) Advisory committee.--The Secretary of Housing and 
        Urban Development shall appoint an Advisory Committee to assist 
        the Secretary in providing grants under this subsection. The 
        Advisory Committee shall be composed of not more than 7 
        members, as follows:
                    ``(A) Not less than 2 individuals who are involved 
                in managing or administering midnight basketball 
                programs that the Secretary determines have been 
                successful and effective. Such individuals may not be 
                involved in a program assisted under this subsection or 
                a member or employee of an eligible advisory entity 
                that receives a technical assistance grant under 
                paragraph (1)(B).
                    ``(B) A representative of the Center for Substance 
                Abuse Prevention of the Public Health Service, 
                Department of Health and Human Services, who is 
                involved in administering the grant program for 
                prevention, treatment, and rehabilitation model 
                projects for high risk youth under section 509A of the 
                Public Health Service Act (42 U.S.C. 290aa-8), who 
                shall be selected by the Secretary of Health and Human 
                Services.
                    ``(C) A representative of the Department of 
                Education, who shall be selected by the Secretary of 
                Education.
                    ``(D) A representative of the Department of Health 
                and Human Services, who shall be selected by the 
                Secretary of Health and Human Services from among 
                officers and employees of the Department involved in 
                issues relating to high-risk youth.
            ``(10) Reports.--The Secretary shall require each eligible 
        entity receiving a grant under paragraph (1)(A) and each 
        eligible advisory entity receiving a grant under paragraph 
        (1)(B) to submit to the Secretary, for each year in which grant 
        amounts are received by the entity, a report describing the 
        activities carried out with such amounts.
            ``(11) Study.--To the extent amounts are provided under 
        appropriation Acts pursuant to paragraph (13)(C), the Secretary 
        shall make a grant to one entity qualified to carry out a study 
        under this paragraph. The entity shall use such grant amounts 
        to carry out a scientific study of the effectiveness of 
        midnight basketball league programs under paragraph (4) of 
        eligible entities receiving grants under paragraph (1)(A). The 
        Secretary shall require such entity to submit a report 
        describing the study and any conclusions and recommendations 
        resulting from the study to the Congress and the Secretary not 
        later than the expiration of the 2-year period beginning on the 
        date that the grant under this paragraph is made.
            ``(12) Definitions.--For purposes of this subsection:
                    ``(A) The term `Advisory Committee' means the 
                Advisory Committee established under paragraph (9).
                    ``(B) The term `eligible advisory entity' means an 
                entity meeting the requirements under paragraph (8)(A).
                    ``(C) The term `eligible entity' means an entity 
                described under paragraph (2)(A).
                    ``(D) The term `federally assisted low-income 
                housing' has the meaning given the term in section 5126 
                of the Public and Assisted Housing Drug Elimination Act 
                of 1990.
            ``(13) Authorization of appropriations.--There are 
        authorized to be appropriated--
                    ``(A) for grants under paragraph (1)(A), $2,650,000 
                in each of fiscal years 1994 and 1995;
                    ``(B) for technical assistance grants under 
                paragraph (1)(B), $100,000 in each of fiscal years 1994 
                and 1995; and
                    ``(C) for a study grant under paragraph (11), 
                $250,000 in fiscal year 1994.''.

SEC. 703. PUBLIC HOUSING MIDNIGHT BASKETBALL LEAGUE PROGRAMS.

    Section 520(c) of the Cranston-Gonzalez National Affordable Housing 
Act (42 U.S.C 11903a(c)) is amended by adding at the end the following 
new paragraph:
            ``(3) Midnight basketball league programs.--Notwithstanding 
        any other provision of this subsection and subsection (d), a 
        grant under this section may be used to carry out any youth 
        sports program that meets the requirements of a midnight 
        basketball league program under subsection (l)(4) (not 
        including subparagraph (B) of such subsection) if the program 
        serves primarily youths and young adults from the public 
        housing project in which the program assisted by the grant is 
        operated.''.

         TITLE VIII--YOUTH VIOLENCE IN SCHOOLS AND COMMUNITIES

SEC. 801. PURPOSE.

    It is the purpose of this title to help local communities achieve 
Goal Six of the National Education Goals, which provides that by the 
year 2000, every school in America will be free of drugs and violence 
and will offer a disciplined environment conducive to learning, by 
strengthening local disciplinary control.

SEC. 802. FINDINGS.

    The Congress finds that--
            (1) the violence within elementary and secondary schools 
        across the Nation has increased dramatically during the past 
        decade;
            (2) almost 3,000,000 crimes occur on or near school 
        campuses every year, with 16,000 crimes occurring per school 
        day or one crime occurring every 6 seconds;
            (3) 20 percent of teachers in schools have reported being 
        threatened with violence by a student;
            (4) schools are being asked to take on responsibilities 
        that society as a whole has neglected, and teachers and 
        principals are being forced to referee fights rather than 
        teach;
            (5) over two-thirds of public school teachers have been 
        verbally abused, threatened with injury, or physically 
        attacked;
            (6) violent or criminal behavior by students interferes 
        with a teacher's ability to teach in a safe environment the 
        students not exhibiting such behavior;
            (7) 40 percent of all students do not feel safe in school 
        and 50 percent of all students know someone who switched 
        schools to feel safer;
            (8) nearly one-half of the teachers who leave the teaching 
        profession cite discipline problems as one of the main reasons 
        for leaving such profession; and
            (9) a lack of parental involvement contributes strongly to 
        school violence.

SEC. 803. PROVISIONS.

    (a) Local Discipline Control.--No Federal law or regulation, except 
education and civil rights laws protecting individuals with 
disabilities, or State policy implementing such a Federal law or 
regulation, shall restrict any local educational agency, or elementary 
or secondary school, from developing and implementing disciplinary 
policies and action with respect to criminal or violent acts of 
students, occurring on school premises, in order to create an 
environment conducive to learning.
    (b) Shared Information.--No Federal law or regulation, or State 
policy implementing such a Federal law or regulation, shall restrict 
any local educational agency or elementary or secondary school from 
requesting and receiving information from a State agency, local 
educational agency, or an elementary or secondary school regarding a 
conviction or juvenile adjudication, within five years of the date of 
the request, or a pending prosecution for a violent or weapons offense, 
of a student who is attending an elementary or secondary school served 
by the local educational agency, or the elementary or secondary school, 
requesting such information.
    (c) Parental Responsibility.--It is the policy of the Congress that 
States, in cooperation with local educational agencies, schools, and 
parent groups, should be encouraged to enforce disciplinary policies 
with respect to parents of children who display criminal or violent 
behavior toward teachers, students, other persons, or school property.

             TITLE IX--EDUCATIONAL RESEARCH AND IMPROVEMENT

SEC. 901. SHORT TITLE.

    This title may be cited as the ``Educational Research and 
Improvement Act of 1994''.

         PART A--OFFICE OF EDUCATIONAL RESEARCH AND IMPROVEMENT

SEC. 911. REPEAL.

    (a) Repeal.--Section 405 of the General Education Provisions Act 
(20 U.S.C. 1221e) is repealed.
    (b) Conforming Amendment.--The second sentence of section 209 of 
the Department of Education Organization Act (20 U.S.C. 3419) is 
amended by inserting ``and such functions as set forth in section 102 
of the Educational Research and Improvement Act of 1993'' after 
``delegate''.

SEC. 912. OFFICE OF EDUCATIONAL RESEARCH AND IMPROVEMENT.

    (a) Purposes; Composition; Definitions.--
            (1) Purposes.--The purposes of the Office of Educational 
        Research and Improvement are to--
                    (A) assess, promote, and improve the quality and 
                equity of education in the United States, so that all 
                Americans have an equal opportunity to receive an 
                education of the highest quality;
                    (B) provide new directions for federally supported 
                research and development activities with a view toward 
                reform in the Nation's school systems, achieving the 
                National Education Goals and affecting national policy 
                for education;
                    (C) provide leadership in the scientific inquiry 
                into the educational process;
                    (D) provide leadership in advancing the practice of 
                education as an art, science, and profession;
                    (E) collect, analyze, and disseminate statistics 
                and other data related to education in the United 
                States and other nations; and
                    (F) make available to the Congress and the people 
                of the United States the results of research and 
                development activities in the field of education in 
                order to bring research directly to the classroom to 
                improve educational practice.
            (2) Composition.--
                    (A) In general.--The Office shall be administered 
                by the Assistant Secretary and shall include--
                            (i) the Advisory Board of Educational 
                        Research described in subparagraph (B);
                            (ii) the directorates for educational 
                        research described in subsections (c) through 
                        (h);
                            (iii) the regional educational laboratories 
                        described in subsection (k);
                            (iv) the Office of Dissemination and Reform 
                        Assistance described in subsection (m);
                            (v) the National Education Library 
                        described in subsection (o);
                            (vi) the Education Resources Information 
                        Clearinghouses described in subsection (p);
                            (vii) the National Center for Education 
                        Statistics, including the National Assessment 
                        of Educational Progress; and
                            (viii) such other entities as the Assistant 
                        Secretary deems appropriate to carry out the 
                        purposes of the Office.
                    (B) Advisory board of educational research.--
                            (i) Advisory board of educational 
                        research.--The Advisory Board of Educational 
                        Research shall consist of 9 members to be 
                        appointed by the Secretary. The Assistant 
                        Secretary shall serve as an ex officio member.
                            (ii) Qualifications.--
                                    (I) In general.--The persons 
                                appointed as members of the Advisory 
                                Board shall be appointed solely on the 
                                basis of--
                                            (aa) eminence in the fields 
                                        of basic or applied research, 
                                        or dissemination of such 
                                        research; or
                                            (bb) established records of 
                                        distinguished service in 
                                        educational research and the 
                                        education professions, 
                                        including practitioners.
                                    (II) Consideration.--In making 
                                appointments under this clause, the 
                                Secretary shall give due consideration 
                                to the equitable representation of 
                                educational researchers who--
                                            (aa) are women;
                                            (bb) represent minority 
                                        groups; or
                                            (cc) are classroom teachers 
                                        with research experience.
                                    (III) Recommendations.--In making 
                                appointments under this clause, the 
                                Secretary shall give due consideration 
                                to any recommendations for an 
                                appointment which may be submitted to 
                                the Secretary by a variety of groups 
                                with prominence in educational research 
                                and development, including the National 
                                Academy of Education and the National 
                                Academy of Sciences.
                                    (IV) A member of the Advisory Board 
                                may not serve on any other Department 
                                of Education advisory board, or as a 
                                paid consultant of such Department.
                            (iii) Term.--(I) The term of office of each 
                        member of the Advisory Board shall be 6 years, 
                        except that initial appointments shall be made 
                        to ensure staggered terms, with one-third of 
                        such members' terms expiring every 2 years. Any 
                        member appointed to fill a vacancy occurring 
                        prior to the expiration of the term for which 
                        the member's predecessor was appointed shall be 
                        appointed for the remainder of such term. Any 
                        person, other than the Assistant Secretary, who 
                        has been a member of the Advisory Board for 12 
                        consecutive years shall thereafter be 
                        ineligible for appointment during the 6-year 
                        period following such twelfth year.
                            (II) Prohibition regarding removal.--The 
                        Secretary shall neither remove nor encourage 
                        the departure of a member of the Advisory Board 
                        appointed in accordance with this subparagraph 
                        before the expiration of such member's term.
                            (III) Chairperson.--The members of the 
                        Advisory Board shall select a Chairperson from 
                        among such members.
                            (IV) Quorum.--A majority of the appointed 
                        members of the Advisory Board shall constitute 
                        a quorum.
                            (V) Staff.--From amounts appropriated 
                        pursuant to the authority of subsection 
                        (q)(1)(A), the Advisory Board, in consultation 
                        with the Assistant Secretary, shall recommend 
                        for appointment such staff as may be necessary. 
                        Such staff shall be appointed by the Assistant 
                        Secretary and assigned at the direction of the 
                        Advisory Board.
                            (iv) Responsibilities.--The Advisory Board 
                        shall provide oversight of the Office, and 
                        shall--
                                    (I) advise the Nation on the 
                                Federal research and development 
                                effort;
                                    (II) recommend ways for 
                                strengthening active partnerships among 
                                researchers, educational practitioners, 
                                librarians, and policymakers;
                                    (III) recommend ways to strengthen 
                                interaction and collaboration between 
                                the various program offices and 
                                components;
                                    (IV) solicit advice and information 
                                from the educational field, to define 
                                research needs and suggestions for 
                                research topics, and shall involve 
                                educational practitioners, particularly 
                                teachers, in this process;
                                    (V) solicit advice from 
                                practitioners, policymakers, and 
                                researchers, and recommend missions for 
                                the national research centers assisted 
                                under this section by identifying 
                                topics which require long-term, 
                                sustained, systematic, programmatic, 
                                and integrated research and 
                                dissemination efforts;
                                    (VI) provide recommendations for 
                                translating research findings into 
                                workable, adaptable models for use in 
                                policy and in practice across different 
                                settings, and recommendations for other 
                                forms of dissemination;
                                    (VII) provide recommendations for 
                                creating incentives to draw talented 
                                young people into the field of 
                                educational research, including 
                                scholars from disadvantaged and 
                                minority groups;
                                    (VIII) provide recommendations for 
                                new studies to close gaps in the 
                                research base;
                                    (IX) evaluate and provide 
                                recommendations to the President and 
                                the Congress regarding the quality of 
                                research conducted through each 
                                directorate and regional educational 
                                laboratory, the relevance of the 
                                research topics, and the effectiveness 
                                of the dissemination of each 
                                directorate's and laboratory's 
                                activities;
                                    (X) advise the Assistant Secretary 
                                on standards and guidelines for 
                                research programs and activities to 
                                ensure that research is of high quality 
                                and free from partisan political 
                                influence; and
                                    (XI) provide recommendations to 
                                promote coordination and synthesis of 
                                research among directorates.
                            (v) Committees and reports.--
                                    (I) In general.--The Advisory Board 
                                is authorized to appoint from among its 
                                members such committees as the Advisory 
                                Board deems necessary, and to assign to 
                                committees so appointed such survey and 
                                advisory functions as the Advisory 
                                Board deems appropriate to assist the 
                                Advisory Board in exercising its powers 
                                and functions under this section.
                                    (II) From amounts appropriated 
                                pursuant to subsection (q)(1), the 
                                Advisory Board shall transmit to the 
                                President, for submission to the 
                                Congress not later than January 15 of 
                                each even-numbered year, a report on 
                                the activities of the Office, and on 
                                education, educational research, 
                                national indicators, and data-gathering 
                                in general.
            (3) Definitions.--For the purposes of this section--
                    (A) the term ``Advisory Board'' means the Advisory 
                Board of Educational Research established under 
                paragraph (2)(B);
                    (B) the term ``Assistant Secretary'' means the 
                Assistant Secretary for Educational Research and 
                Improvement established by section 202 of the 
                Department of Education Organization Act;
                    (C) the term ``development'' means transformation 
                or adaptation of research results into usable forms, in 
                order to contribute to the improvement of educational 
                practice;
                    (D) the term ``dissemination'' means the 
                communication and transfer of the results of research 
                and proven practice in forms that are understandable, 
                easily accessible and usable or adaptable for use in 
                the improvement of educational practice by teachers, 
                administrators, librarians, other practitioners, 
                researchers, policymakers, and the public;
                    (E) the term ``education research'' includes basic 
                and applied research, inquiry with the purpose of 
                applying tested knowledge gained to specific 
                educational settings and problems, development, 
                planning, surveys, assessments, evaluations, 
                investigations, experiments, and demonstrations in the 
                field of education and other fields relating to 
                education;
                    (F) the term ``field-initiated research'' means 
                education research in which topics and methods of study 
                are generated by investigators, including teachers and 
                other practitioners, not by the source of funding;
                    (G) the term ``Indian reservation'' means a 
                reservation, as such term is defined in--
                            (i) section 3(d) of the Indian Financing 
                        Act of 1974 (25 U.S.C. 1452(d)); or
                            (ii) section 4(10) of the Indian Child 
                        Welfare Act of 1978 (25 U.S.C. 1903(10));
                    (H) the term ``Office'', unless otherwise 
                specified, means the Office of Educational Research and 
                Improvement established by section 209 of the 
                Department of Education Organization Act; and
                    (I) the term ``technical assistance'' means 
                assistance in identifying, selecting, or designing 
                solutions based on research to address educational 
                problems, planning and design that leads to adapting 
                research knowledge to school practice, training to 
                implement such solutions, and other assistance 
                necessary to encourage adoption or application of 
                research.
    (b) Authorized Activities.--
            (1) Office.--In fulfilling its purposes under this section, 
        the Office is authorized to--
                    (A) conduct and support education-related research 
                activities, including basic and applied research, 
                development, planning, surveys, assessments, 
                evaluations, investigations, experiments, and 
                demonstrations of national significance;
                    (B) disseminate the findings of education research, 
                and provide technical assistance to apply such 
                information to specific school problems at the school 
                site;
                    (C) collect, analyze, and disseminate data related 
                to education, and to library and information services;
                    (D) promote the use of knowledge gained from 
                research and statistical findings in schools, other 
                educational institutions, and communities;
                    (E) provide training in education research; and
                    (F) promote the coordination of education research 
                and research support within the Federal Government, and 
                otherwise assist and foster such research.
            (2) Open competition.--All grants, contracts, and 
        cooperative agreements awarded or entered into pursuant to this 
        section shall be awarded or entered into through a process of 
        open competition and peer review that shall be announced in the 
        Federal Register or other publication that the Secretary 
        determines appropriate.
            (3) Assistant secretary.--
                    (A) In general.--In carrying out the activities and 
                programs of the Office, the Assistant Secretary shall--
                            (i) ensure that there is broad and regular 
                        public and professional involvement from the 
                        educational field in the planning and carrying 
                        out of the Office's activities, including 
                        establishing teacher advisory boards for any 
                        program office, program or project of the 
                        Office as the Assistant Secretary deems 
                        necessary, and involving Indian and Alaska 
                        Native researchers and educators in activities 
                        that relate to the education of Indian and 
                        Alaska Native people;
                            (ii) ensure that the selection of research 
                        topics and the administration of the program 
                        are free from partisan political influence;
                            (iii) develop directly, or through grant or 
                        contract, standards and guidelines for 
                        research, programs and activities carried out 
                        through the Office;
                            (iv) establish a long- and short-term 
                        research agenda in consultation with the 
                        Advisory Board; and
                            (v) review research priorities established 
                        within each directorate and promote research 
                        syntheses across the directorates.
                    (B) Information and technical assistance.--The 
                Assistant Secretary is authorized to offer information 
                and technical assistance to State and local educational 
                agencies, school boards, and schools, including schools 
                funded by the Bureau of Indian Affairs, to ensure that 
                no student is--
                            (i) denied access to the same rigorous, 
                        challenging curriculum that such student's 
                        peers are offered; or
                            (ii) grouped or otherwise labeled in such a 
                        way that may impede such student's achievement.
                    (C) Long-term agenda.--One year after the date of 
                enactment of this Act, the Assistant Secretary shall 
                submit a report to the President and to the Congress on 
                a 6-year long-term plan for the educational research 
                agenda for the Office. Upon submission of such report 
                and every 2 years thereafter, the Assistant Secretary 
                shall submit to the President and to the Congress a 
                progress report on the 6-year plan, including an 
                assessment of the success or failure of meeting the 
                components of the 6-year plan, proposed modifications 
                or changes to the 6-year plan, and additions to the 6-
                year plan.
            (4) Secretary.--The Secretary shall enter into contracts 
        for the conduct of independent evaluations of the programs and 
        activities carried out through the Office in accordance with 
        this section, and transmit such evaluations to the Congress, 
        the President and the Assistant Secretary, in order to--
                    (A) evaluate--
                            (i) the effectiveness of the programs and 
                        activities of the Office; and
                            (ii) the implementation of projects and 
                        programs funded through the Office over time;
                            (iii) the impact of educational research on 
                        instruction at the school level; and
                            (iv) the ability of the Office to keep 
                        research funding free from partisan political 
                        interference;
                    (B) measure the success of educational information 
                dissemination;
                    (C) assess the usefulness of research and 
                activities carried out by the Office, including 
                products disseminated by the Office; and
                    (D) provide recommendations for improvement of the 
                programs of the Office.
            (5) Intradepartmental coordination.--(A) The Secretary 
        shall establish and maintain a program designed to facilitate 
        planning and cooperative research and development throughout 
        the Department of Education.
            (B) The program described in subparagraph (A) shall 
        include--
                    (i) establishing and maintaining a database on all 
                Department of Education funded research and improvement 
                efforts;
                    (ii) coordinating the work of the various program 
                offices within the Department of Education to avoid 
                duplication;
                    (iii) working cooperatively with the employees of 
                various program offices with the Department of 
                Education on projects of common interest to avoid 
                duplication; and
                    (iv) generally increasing communication throughout 
                the Department of Education regarding education 
                research.
    (c) Directorates of Educational Research.--
            (1) Requirements.--
                    (A) In general.--In carrying out the functions of 
                the Office, the Assistant Secretary shall establish 5 
                directorates of educational research in accordance with 
                this section.
                    (B) Director.--The Assistant Secretary shall 
                appoint a Director for each directorate. Each such 
                Director shall be a leading professional in the field 
                relevant to the mission of the directorate.
                    (C) Research syntheses.--The Assistant Secretary 
                shall provide for and promote research syntheses across 
                the directorates in early childhood, elementary, 
                secondary, vocational, and higher education, and shall 
                coordinate research plans, projects, and findings 
                across the directorates, placing a priority on 
                synthesis and coordination between the directorates 
                described in subsections (d) and (e). Each Director 
                shall report directly to the Assistant Secretary, 
                regarding the activities of the directorate, and shall 
                work together to promote research syntheses across the 
                directorates.
            (2) Duties.--Each such directorate shall--
                    (A) carry out its activities directly or through 
                grants, contracts, and cooperative agreements with 
                institutions of higher education, public and private 
                organizations, institutions, agencies or individuals, 
                or a consortia thereof;
                    (B) conduct and support the highest quality basic 
                and applied research in early childhood, elementary and 
                secondary, vocational and higher education, including 
                teacher education, which is relevant to the 
                directorate;
                    (C) have improved student learning and achievement 
                as its primary focus;
                    (D) promote research that is based in core content 
                areas;
                    (E) conduct sustained research and development on 
                improving the educational achievement of poor and 
                minority individuals as an integral part of the 
                directorates' work;
                    (F) serve as a national database on model and 
                demonstration programs which have particular 
                application to the activities of the directorate, 
                particularly with respect to model programs conducted 
                by businesses, private, and nonprofit organizations and 
                foundations;
                    (G) support, plan, implement, and operate 
                dissemination activities designed to bring the most 
                effective research directly into classroom practice, 
                school organization and management, teacher preparation 
                and training, and libraries, and to the extent 
                possible, carry out dissemination activities through 
                the use of technology;
                    (H) support and provide research information that 
                leads to policy formation for State legislatures, State 
                and local boards of education, schools funded by the 
                Bureau of Indian Affairs, and other policy and 
                governing bodies, to assist such entities in 
                identifying and developing effective policies to 
                promote student achievement and school improvement;
                    (I) coordinate the directorate's activities with 
                the activities of the regional educational laboratories 
                established pursuant to subsection (k) and with other 
                educational service organizations in designing the 
                directorate's research agenda and projects in order to 
                increase the responsiveness of such directorate to the 
                needs of teachers and the educational field and to 
                bring research findings directly into schools to ensure 
                the greatest access at the local level to the latest 
                research developments; and
                    (J) provide assistance to the Assistant Secretary 
                in planning and coordinating syntheses that provide 
                research knowledge related to each level of the 
                education system (from preschool to higher education) 
                to increase understanding of student performance across 
                different educational levels.
            (3) Reservations.--
                    (A) Field-initiated research.--Each directorate 
                shall reserve in each fiscal year not less than one-
                third of the amount available to such directorate to 
                conduct field-initiated research.
                    (B) National research centers.--Each directorate 
                shall reserve in each fiscal year not less than one-
                third of the amount available to such directorate to 
                award grants or enter into contracts with institutions 
                of higher education, public agencies, or private 
                nonprofit organizations, for the support of long-term 
                national research centers of sufficient size, scope, 
                and quality for educational research and development in 
                accordance with paragraph (4), except that no such 
                center shall receive such a grant or contract for less 
                than $1,100,000 for such fiscal year. Each such center 
                shall engage in research, development and dissemination 
                involving topics relevant to the mission of the 
                directorate supporting such center.
                    (C) Special rule.--No research and development 
                center supported by the Office and operating on the day 
                preceding the date of enactment of this Act shall by 
                reason of receipt of such support be ineligible to 
                receive any other assistance from the Office authorized 
                by law.
            (4) National research centers.--
                    (A) Duration.--The grants or contracts awarded or 
                entered into to support national research centers 
                described in paragraph (3)(B) shall be awarded or 
                entered into for a period of at least 5 years, and may 
                be renewed for additional periods of 5 years after 
                periodic review by the Assistant Secretary.
                    (B) Review.--All applications to establish a 
                national research center shall be reviewed by 
                independent experts in accordance with standards and 
                guidelines developed by the Office pursuant to 
                subsections (a)(2)(B)(iv)(X) and (b)(3)(A)(iii). Such 
                standards and guidelines shall include--
                            (i) whether applicants have assembled a 
                        group of high quality researchers sufficient to 
                        achieve the mission of the center;
                            (ii) whether the proposed organizational 
                        structure and arrangements will facilitate 
                        achievement of the mission of the center;
                            (iii) whether there is a substantial staff 
                        commitment to the work of the center;
                            (iv) whether the directors and support 
                        staff are full-time employees, to the extent 
                        practicable;
                            (v) review of the contributions of the 
                        applicant's primary researchers for the purpose 
                        of evaluating the appropriateness of such 
                        primary researchers' experiences and expertise 
                        in the context of the proposed center 
                        activities, and the adequacy of such primary 
                        researchers' time commitments to achievement of 
                        the mission of the center; and
                            (vi) the manner in which the results of 
                        education research will be disseminated for 
                        further use.
            (5) Publication.--The Assistant Secretary shall publish 
        proposed research priorities developed by each directorate in 
        the Federal Register every 2 years, not later than October 1 of 
        each year, and shall allow a period of 60 days for public 
        comments and suggestions.
    (d) National Directorate on Curriculum, Instruction, and 
Assessment.--The Assistant Secretary shall establish and operate the 
National Directorate on Curriculum, Instruction, and Assessment. The 
directorate established under this subsection is authorized to conduct 
research on--
            (1) methods to improve student achievement at all 
        educational levels in core content areas;
            (2) methods to improve the process of reading, the craft of 
        writing, the growth of reasoning skills, and the development of 
        information-finding skills;
            (3) enabling students to develop higher order thinking 
        skills;
            (4) methods to teach effectively all students in mixed-
        ability classrooms;
            (5) developing, identifying, or evaluating new educational 
        assessments, including performance-based and portfolio 
        assessments which demonstrate skill and a command of knowledge;
            (6) standards for what students should know and be able to 
        do, particularly standards of desired performance set at 
        internationally competitive levels;
            (7) the use of testing in the classroom and its impact on 
        improving student achievement, including an analysis of how 
        testing affects what is taught;
            (8) test bias as such bias affects historically underserved 
        girls, women, and minority populations;
            (9) test security, accountability, validity, reliability 
        and objectivity;
            (10) relevant teacher training and instruction in giving a 
        test, scoring a test and in the use of test results to improve 
        student achievement;
            (11) curriculum development designed to meet challenging 
        standards, including State efforts to develop such curriculum;
            (12) the need for, and methods of delivering, teacher 
        education, development, and inservice training;
            (13) curriculum, instruction, and assessment in vocational 
        education and school-to-work transition;
            (14) educational methods and activities to reduce and 
        prevent violence in schools;
            (15) the use of technology in learning, teaching, and 
        testing;
            (16) methods of involving parents in their children's 
        education and ways to involve business, industry, and other 
        community partners in promoting excellence in schools; and
            (17) other topics relevant to the mission of the 
        directorate.
    (e) National Directorate on the Educational Achievement of 
Historically Underserved Populations.--The Assistant Secretary shall 
establish and operate a National Directorate on the Educational 
Achievement of Historically Underserved Populations, the activities of 
which shall be closely coordinated with those of the directorate 
described in subsection (d). The directorate established under this 
subsection is authorized to conduct research on--
            (1) the quality of educational opportunities afforded 
        historically underserved populations, including minority 
        students, students with disabilities, economically 
        disadvantaged students, girls, women, limited-English 
        proficient students, and Indian and Alaska Native students, 
        particularly the quality of educational opportunities afforded 
        such populations in highly concentrated urban areas and 
        sparsely populated rural areas;
            (2) effective institutional practices for expanding 
        opportunities for such groups;
            (3) methods for overcoming the barriers to learning that 
        may impede student achievement;
            (4) innovative teacher training and professional 
        development methods to help the historically underserved meet 
        challenging standards;
            (5) the use of technology to improve the educational 
        opportunities and achievement of the historically underserved;
            (6) the means by which parents, community resources and 
        institutions (including cultural institutions) can be utilized 
        to support and improve the achievement of at-risk students;
            (7) methods to improve the quality of the education of 
        American Indian and Alaska Native students not only in schools 
        funded by the Bureau of Indian Affairs, but also in public 
        elementary and secondary schools located on or near Indian 
        reservations, including--
                    (A) research on mechanisms to facilitate the 
                establishment of tribal departments of education that 
                assume responsibility for all education programs of 
                State educational agencies operating on an Indian 
                reservation and all education programs funded by the 
                Bureau of Indian Affairs on an Indian reservation;
                    (B) research on the development of culturally 
                appropriate curriculum for American Indian and Alaska 
                Native students, including American Indian and Alaska 
                Native culture, language, geography, history and social 
                studies, and graduation requirements related to such 
                curriculum;
                    (C) research on methods for recruiting, training 
                and retraining qualified teachers from American Indian 
                and Alaska Native communities, including research to 
                promote flexibility in the criteria for certification 
                of such teachers;
                    (D) research on techniques for improving the 
                educational achievement of American Indian and Alaska 
                Native students, including methodologies to reduce 
                dropout rates and increase graduation by such students; 
                and
                    (E) research concerning the performance by American 
                Indian and Alaska Native students of limited-English 
                proficiency on standardized achievement tests, and 
                related factors; and
            (8) other topics relevant to the mission of the 
        directorate.
    (f) National Directorate on Early Childhood Development and 
Education.--The Assistant Secretary shall establish and operate the 
National Directorate on Early Childhood Development and Education, 
which shall have a special emphasis on families and communities as 
families and communities relate to early childhood education. The 
directorate established under this subsection is authorized to conduct 
research on--
            (1) effective teaching and learning methods, and 
        curriculum;
            (2) instruction that considers the cultural experiences of 
        children;
            (3) access to current materials in libraries;
            (4) family literacy and parental involvement in student 
        learning;
            (5) the impact that outside influences have on learning, 
        including television, and drug and alcohol abuse;
            (6) methods for integrating learning in settings other than 
        the classroom, particularly within families and communities;
            (7) teacher training;
            (8) readiness to learn, including topics such as prenatal 
        care, nutrition, and health services;
            (9) the use of technology, including methods to help 
        parents instruct their children; and
            (10) other topics relevant to the mission of the 
        directorate.
    (g) National Directorate on Elementary and Secondary Educational 
Governance, Finance, Policymaking, and Management.--The Assistant 
Secretary shall establish and operate a National Directorate on 
Elementary and Secondary Educational Governance, Finance, Policymaking, 
and Management. The directorate established under this subsection is 
authorized to conduct research on--
            (1) the relationship among finance, organization, and 
        management, and educational productivity, particularly with 
        respect to student achievement across educational levels and 
        core content areas;
            (2) school-based management, shared decisionmaking and 
        other innovative school structures, and State and local reforms 
        and educational policies, which show promise for improving 
        student achievement;
            (3) innovative school design, including lengthening the 
        school day and the school year, reducing class size and 
        building professional development into the weekly school 
        schedule and, as appropriate, conducting such further research 
        as may be recommended or suggested by the report issued by the 
        National Education Commission on Time and Learning pursuant to 
        section 443 of the General Education Provisions Act;
            (4) the social organization of schooling and the inner-
        workings of schooling;
            (5) policy decisions at all levels and the impact of such 
        decisions on school achievement and other student outcomes;
            (6) effective approaches to organizing learning;
            (7) effective ways of grouping students for learning so 
        that a student is not labeled or stigmatized in ways that may 
        impede such student's achievement;
            (8) the amount of dollars allocated for education that are 
        actually spent on classroom instruction;
            (9) the organization, structure, and finance of vocational 
        education;
            (10) disparity in school financing among States, school 
        districts, and schools funded by the Bureau of Indian Affairs;
            (11) the use of technology in areas such as assisting in 
        school-based management or ameliorating the effects of 
        disparity in school financing among States, school districts, 
        and schools funded by the Bureau of Indian Affairs;
            (12) approaches to systemic reforms involving the 
        coordination of multiple policies at the local, State, and 
        Federal levels of government to promote higher levels of 
        student achievement;
            (13) the special adult education needs of historically 
        underserved and minority populations;
            (14) the involvement of parents and families in the 
        management and governance of schools and the education of their 
        children; and
            (15) other topics relevant to the mission of the 
        directorate.
    (h) National Directorate on Adult Education, Literacy and Lifelong 
Learning.--The Assistant Secretary shall establish and operate a 
National Directorate on Adult Education, Literacy and Lifelong 
Learning. The directorate established under this subsection is 
authorized to conduct research on--
            (1) learning and performance of adults, and policies and 
        methods for improving learning in contexts that include school-
        to-work, worker retraining, and second-language acquisition;
            (2) the most effective training methods for adults to 
        upgrade education and vocational skills;
            (3) opportunities for adults to continue their education 
        beyond higher education and graduate school, in the context of 
        lifelong learning and information-finding skills;
            (4) adult literacy and effective methods, including 
        technology, to eliminate illiteracy;
            (5) preparing students for a lifetime of work, the ability 
        to adapt through retraining to the changing needs of the work 
        force and the ability to learn new tasks;
            (6) the use of technology to develop and deliver effective 
        training methods for adults to upgrade their education and 
        their vocational skills; and
            (7) other topics relevant to the mission of the 
        directorate.
    (i) Personnel.--
            (1) In general.--The Assistant Secretary may appoint, for 
        terms not to exceed 3 years (without regard to the provisions 
        of title 5, United States Code governing appointment in the 
        competitive service) and may compensate (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) such scientific or professional employees of the Office 
        as the Assistant Secretary considers necessary to accomplish 
        the functions of the Office. Such employees shall not exceed 
        one-fifth of the number of full-time, regular scientific or 
        professional employees of the Office. The rate of basic pay for 
        such employees may not exceed the maximum annual rate of pay 
        for grade GS-15 under section 5332 of title 5, United States 
        Code.
            (2) Reappointment.--The Assistant Secretary may reappoint 
        employees described in paragraph (1) upon presentation of a 
        clear and convincing justification of need, for 1 additional 
        term not to exceed 3 years. All such employees shall work on 
        activities of the Office and shall not be reassigned to other 
        duties outside the Office during their term.
    (j) Selection Procedures and Fellowships.--
            (1) Selection procedures.--When making competitive awards 
        under this section, the Assistant Secretary shall--
                    (A) solicit recommendations and advice regarding 
                research priorities, opportunities, and strategies from 
                qualified experts, such as education professionals and 
                policymakers, librarians, personnel of the regional 
                educational laboratories described in subsection (k) 
                and of the research and development centers assisted 
                under this section, and the Advisory Board, as well as 
                parents and other members of the general public;
                    (B) employ suitable selection procedures using the 
                procedures and principles of peer review providing an 
                appropriate balance between expertise in research and 
                practice for all proposals so that technical research 
                merit is judged by research experts and programmatic 
                relevance is judged by program experts, except where 
                such peer review procedures are clearly inappropriate 
                given such factors as the relatively small amount of a 
                grant or contract or the exigencies of the situation; 
                and
                    (C) determine that the activities assisted will be 
                conducted efficiently, will be of high quality, and 
                will meet priority research and development needs under 
                this section.
            (2) Fellowships.--
                    (A) Publication.--The Assistant Secretary shall 
                publish proposed research priorities for the awarding 
                of research fellowships under this paragraph in the 
                Federal Register every 2 years, not later than October 
                1 of each year, and shall allow a period of 60 days for 
                public comments and suggestions.
                    (B) Competition.--Prior to awarding a fellowship 
                under this paragraph, the Assistant Secretary shall 
                invite applicants to compete for such fellowships 
                through notice published in the Federal Register.
                    (C) Authority.--From amounts appropriated pursuant 
                to the authority of subsection (q)(1), the Assistant 
                Secretary may establish and maintain research 
                fellowships in the Office, for scholars, researchers, 
                policymakers, education practitioners, librarians, and 
                statisticians engaged in the use, collection, and 
                dissemination of information about education and 
                educational research. Subject to regulations published 
                by the Assistant Secretary, fellowships may include 
                such stipends and allowances, including travel and 
                subsistence expenses provided under title 5, United 
                States Code, as the Assistant Secretary considers 
                appropriate.
    (k) Regional Educational Laboratories for Research, Dissemination, 
and Technical Assistance.--
            (1) Authority.--
                    (A) In general.--Subject to subparagraph (B), the 
                Assistant Secretary shall support at least 10 but not 
                more than 20 regional educational laboratories 
                established by public agencies or private nonprofit 
                organizations.
                    (B) Special rule.--In any fiscal year in which the 
                amount appropriated pursuant to the authority of 
                subsection (q)(2) exceeds $38,000,000, the Assistant 
                Secretary may use the amount in excess of $38,000,000 
                to support a regional educational laboratory serving a 
                region not in existence on the day preceding the date 
                of enactment of this Act, if such amount is equal to or 
                exceeds $2,000,000.
                    (C) Priority.--The Assistant Secretary shall give 
                priority to supporting a regional educational 
                laboratory that involves the combination or subdivision 
                of a region or regions, such that States within a 
                region in existence on the day preceding the date of 
                enactment of this Act may be combined with States in 
                another such region to form a new region so long as 
                such combination does not result in any region in 
                existence on such date permanently becoming part of a 
                larger region, nor of any such region permanently 
                subsuming another region.
            (2) Definition.--For purposes of this subsection, the term 
        ``regional educational laboratory'' means a public agency or 
        institution or a private nonprofit organization that--
                    (A) serves the education improvement needs in a 
                geographic region of the United States; and
                    (B) advances the National Education Goals.
            (3) Duties.--Each regional educational laboratory shall--
                    (A) have as its central mission and primary 
                function--
                            (i) to develop and disseminate educational 
                        research products and processes to schools, 
                        teachers, local educational agencies, State 
                        educational agencies, librarians, and schools 
                        funded by the Bureau of Indian Affairs; and
                            (ii) through such development and 
                        dissemination and the provision of technical 
                        assistance, to help all students learn to 
                        challenging standards;
                    (B) provide technical assistance to State and local 
                educational agencies, school boards, schools funded by 
                the Bureau of Indian Affairs, State boards of 
                education, schools, and librarians in accordance with 
                the prioritization described in paragraph (4)(B)(vi) 
                and needs related to standard-driven education reform;
                    (C) facilitate school restructuring at the 
                individual school level, including technical assistance 
                for adapting model demonstration grant programs to each 
                school;
                    (D) serve the educational development needs of the 
                region by providing education research in usable forms 
                in order to promote school improvement and academic 
                achievement and to correct educational deficiencies;
                    (E) develop a plan for identifying and serving the 
                needs of the region by conducting a continuing survey 
                of the educational needs, strengths, and weaknesses 
                within the region, including a process of open hearings 
                to solicit the views of schools, teachers, 
                administrators, parents, local educational agencies, 
                librarians, and State educational agencies within the 
                region;
                    (F) use applied educational research to assist in 
                solving site-specific problems and to assist in 
                development activities;
                    (G) conduct applied research projects designed to 
                serve the particular needs of the region only in the 
                event that such quality applied research does not exist 
                as determined by the regional education laboratory or 
                the Department of Education;
                    (H) facilitate communication between educational 
                experts, school officials, and teachers, parents, and 
                librarians, to enable such individuals to assist 
                schools to develop a plan to meet the National 
                Education Goals;
                    (I) bring teams of experts together to develop and 
                implement school improvement plans and strategies;
                    (J) provide training in--
                            (i) the field of education research and 
                        related areas;
                            (ii) the use of new educational methods; 
                        and
                            (iii) the use of information-finding 
                        methods, practices, techniques, and products 
                        developed in connection with such training for 
                        which the regional educational laboratory may 
                        support internships and fellowships and provide 
                        stipends;
                    (K) coordinate such laboratory's activities with 
                the directorates assisted under this section in 
                designing such laboratory's services and projects, in 
                order to--
                            (i) maximize the use of research conducted 
                        through the directorates in the work of such 
                        laboratory;
                            (ii) keep the directorates apprised of the 
                        work of the regional educational laboratories 
                        in the field; and
                            (iii) inform the directorates about 
                        additional research needs identified in the 
                        field;
                    (L) develop with the State educational agencies and 
                library agencies in the region and the Bureau of Indian 
                Affairs a plan for serving the region;
                    (M) collaborate and coordinate services with other 
                technical assistance funded by the Department of 
                Education; and
                    (N) cooperate with other regional laboratories to 
                develop and maintain a national network that addresses 
                national education problems.
            (4) Governing board.--
                    (A) In general.--In carrying out the activities 
                described in paragraph (3), each regional educational 
                laboratory shall operate under the direction of a 
                governing board, the members of which--
                            (i) are representative of that region; and
                            (ii) include teachers and education 
                        researchers.
                    (B) Duties.--Each such governing board shall--
                            (i) determine, subject to the requirements 
                        of this section and in consultation with the 
                        Assistant Secretary, the mission of the 
                        regional educational laboratory;
                            (ii) ensure that the regional educational 
                        laboratory attains and maintains a high level 
                        of quality in its work and products;
                            (iii) establish standards to ensure that 
                        the regional educational laboratory has strong 
                        and effective governance, organization, 
                        management, and administration, and employs 
                        qualified staff;
                            (iv) direct the regional educational 
                        laboratory to carry out the regional 
                        educational laboratory's duties in a manner as 
                        will make progress toward achieving the 
                        National Education Goals and reforming schools 
                        and educational systems;
                            (v) conduct a continuing survey of the 
                        educational needs, strengths, and weaknesses 
                        within the region, including a process of open 
                        hearings to solicit the views of schools and 
                        teachers; and
                            (vi) prioritize the needs of economically 
                        disadvantaged urban and rural areas within the 
                        region and ensure that such needs are served by 
                        the regional educational laboratory.
            (5) Application.--Each entity desiring support for a 
        regional educational laboratory shall submit to the Assistant 
        Secretary an application that contains such information as the 
        Assistant Secretary may reasonably require, including 
        assurances that a regional educational laboratory will address 
        the activities described in paragraph (3).
            (6) Additional projects.--In addition to activities 
        described in paragraph (3), the Assistant Secretary, from 
        amounts appropriated pursuant to subsection (q)(4), is 
        authorized to enter into agreements with a regional educational 
        laboratory for the purpose of carrying out additional projects 
        to enable such regional educational laboratory to assist in 
        efforts to achieve the National Education Goals and for other 
        purposes.
            (7) Special rule.--No regional educational laboratory 
        shall, by reason of receipt of assistance under this section, 
        be ineligible to receive any other assistance from the Office 
        authorized by law or be prohibited from engaging in activities 
        involving international projects or endeavors.
            (8) Plan.--Not later than July 1 of each year, each 
        regional educational laboratory shall submit to the Assistant 
        Secretary a plan covering the succeeding fiscal year, in which 
        such laboratory's mission, activities and scope of work are 
        described, including a general description of--
                    (A) the plans such laboratory expects to submit in 
                the 4 succeeding years; and
                    (B) an assessment of how well such laboratory is 
                meeting the needs of the region.
            (9) Contract duration.--The Assistant Secretary shall enter 
        into a contract for the purpose of supporting a regional 
        educational laboratory under this subsection for a minimum of 5 
        years. The Secretary shall ensure that the recompetition cycles 
        for new contracts for regional educational laboratories are 
        carried out in such a manner that the expiration of the 
        laboratory contracts is consistent with the reauthorization 
        cycle.
            (10) Review.--The Assistant Secretary shall review the work 
        of each regional educational laboratory in the third year that 
        such laboratory receives assistance under this subsection, and 
        shall evaluate the performance of such laboratory's activities 
        to determine if such activities are consistent with the duties 
        described in paragraph (3).
            (11)<plus-minus> Construction.--Nothing in this subsection 
        shall be construed to require any modifications in the regional 
        educational laboratory contracts in effect on the day preceding 
        the date of enactment of this Act.
            (12) Advance payment system.--Each regional educational 
        laboratory shall participate in the advance payment system of 
        the Department of Education.
            (13) Coordination.--The regional education laboratories 
        shall work collaboratively, and coordinate the services such 
        laboratories provide, with the technical assistance centers 
        authorized under the Elementary and Secondary Education Act of 
        1965.
    (l) Teacher Research Dissemination Demonstration Program.--
            (1) Findings.--The Congress finds that--
                    (A) education research, including research funded 
                by the Office, is not having the impact on the Nation's 
                schools that such research should;
                    (B) relevant education research and resulting 
                solutions are not being adequately disseminated to and 
                used by the teachers that need such research and 
                solutions;
                    (C) there are insufficient linkages between the 
                research and development centers assisted under this 
                section, the regional educational laboratories 
                described in subsection (k), the National Diffusion 
                Network State facilitators, the Education Resources 
                Information Clearinghouses, the comprehensive technical 
                assistance centers assisted under the Elementary and 
                Secondary Education Act of 1965, and the public schools 
                to ensure that research on effective practice is 
                disseminated and technical assistance provided to all 
                teachers;
                    (D) the average teacher has little time to plan or 
                engage in a professional dialogue with peers about 
                strategies for improved learning;
                    (E) teachers do not have direct access to 
                information systems or networks;
                    (F) teachers have little control over what 
                inservice education teachers will be offered; and
                    (G) individual teachers are not encouraged to move 
                beyond the walls of their school buildings to identify 
                and use outside resources.
            (2) Establishment.--
                    (A) In general.--The Secretary is authorized to 
                make grants to, and enter into contracts or cooperative 
                agreements with, public and private agencies and 
                organizations, including institutions of higher 
                education, the regional education laboratories, and the 
                research and development centers, or consortia 
                thereof--
                            (i) to develop and carry out projects that 
                        demonstrate effective strategies for helping 
                        elementary and secondary education teachers, in 
                        both urban and rural areas, become 
                        knowledgeable about, assist in the design and 
                        use of, and use, education research, including 
                        education research carried out under this 
                        section; and
                            (ii) to develop, implement, and evaluate 
                        models for creation of teacher research 
                        dissemination networks.
                    (B) Priority.--In awarding grants and entering into 
                contracts and cooperative agreements under subparagraph 
                (A) the Secretary shall give priority to entities that 
                have received Federal funds for research and 
                dissemination.
            (3) Applications.--
                    (A) In general.--An entity desiring to receive 
                assistance under this subsection shall submit an 
                application to the Secretary in such form, at such 
                time, and containing such information and assurances as 
                the Secretary may require.
                    (B) Contents.--Each such application shall describe 
                how the project described in the application--
                            (i) was developed with the active 
                        participation of elementary and secondary 
                        school teachers;
                            (ii) will include the continuing 
                        participation of elementary and secondary 
                        school teachers in the management of the 
                        project;
                            (iii) is organized around one or more 
                        significant research topics;
                            (iv) will involve collaboration with 
                        entities that have received Federal funds for 
                        research and dissemination; and
                            (v) will sustain over time teacher research 
                        dissemination networks after Federal funding 
                        for such networks terminates.
            (4) Use of funds.--Funds provided under this subsection may 
        be used--
                    (A) to train elementary and secondary education 
                teachers (particularly new teachers) about the sources 
                of education research findings, including research 
                findings available through activities supported by the 
                Office, and how to access and use such findings to 
                improve the quality of instruction;
                    (B) to develop simple formats, both administrative 
                and technological, that allow elementary and secondary 
                education teachers easy access to and use of education 
                research findings;
                    (C) to share strategies and materials;
                    (D) to support professional networks;
                    (E) to survey teacher needs in the areas of 
                research and development; and
                    (F) for other activities designed to support 
                elementary and secondary education teachers in becoming 
                knowledgeable about, assisting in the design of, and 
                using, educational research.
            (5) Stipends.--The Secretary may provide for the payment of 
        such stipends (including allowances for subsistence and other 
        expenses for elementary and secondary teachers), as the 
        Secretary determines to be appropriate, to teachers 
        participating in the projects authorized under this subsection.
            (6) Coordination.--Recipients of funds under this 
        subsection shall, to the greatest extent possible, coordinate 
        their activities with related activities under the Elementary 
        and Secondary Education Act of 1965.
            (7) Report.--The Secretary shall, within 5 years of the 
        date of enactment of this Act, submit to the Congress a report 
        on the effectiveness of activities assisted under this 
        subsection.
    (m) Office of Dissemination and Reform Assistance.--
            (1) In general.--The Assistant Secretary shall establish an 
        Office of Dissemination and Reform Assistance, which may 
        include the Education Resources Information Clearinghouses, the 
        regional educational laboratories, the National Clearinghouse 
        for Science and Mathematics Resources, the National Diffusion 
        Network, the National Education Library, and such other 
        programs and activities as the Assistant Secretary deems 
        appropriate. The Office of Dissemination and Reform Assistance 
        shall be headed by a Director who shall be appointed by the 
        Assistant Secretary and have a demonstrated expertise and 
        experience in dissemination.
            (2) Duties.--In carrying out its dissemination activities, 
        the Office of Dissemination and Reform Assistance shall--
                    (A) operate a depository for all Department of 
                Education publications and products and make available 
                for reproduction such publications and products;
                    (B) coordinate the dissemination efforts of all 
                Office of Educational Research and Improvement program 
                offices, the regional educational laboratories, the 
                directorates assisted under this section, the National 
                Diffusion Network, and the Education Resources 
                Information Clearinghouses;
                    (C) disseminate relevant and useful research, 
                information, products, and publications developed 
                through or supported by the Department of Education to 
                schools throughout the Nation;
                    (D) develop the capacity to connect schools and 
                teachers seeking information with the relevant regional 
                educational laboratories assisted under subsection (k), 
                the National Diffusion Network, the directorates 
                assisted under this section, and the Education 
                Resources Information Clearinghouses; and
                    (E) provide an annual report to the Secretary 
                regarding the types of information, products, and 
                services that teachers, schools, and school districts 
                have requested and have determined to be most useful, 
                and describe future plans to adapt Department of 
                Education products and services to address the needs of 
                the users of such information, products, and services.
            (3) Additional activities.--In addition, the Office of 
        Dissemination and Reform Assistance may--
                    (A) use media and other educational technology to 
                carry out dissemination activities, including program 
                development;
                    (B) establish and maintain a database on all 
                research and improvement efforts funded through the 
                Department of Education;
                    (C) actively encourage cooperative publishing of 
                significant publications;
                    (D) disseminate information on successful models 
                and educational methods which have been recommended to 
                the Office of Dissemination and Reform Assistance by 
                educators, educational organizations, nonprofit 
                organizations, businesses, and foundations, and 
                disseminate such models by including, with any such 
                information, an identification of the entity or 
                entities that have recommended the program; and
                    (E) engage in such other dissemination activities 
                as the Assistant Secretary determines necessary.
    (n) National Diffusion Network State Facilitators.--The National 
Diffusion Network described in section 1562 of the Elementary and 
Secondary Education Act of 1965 is authorized to provide information 
through National Diffusion Network State facilitators on model or 
demonstration projects funded by the Department of Education. For 
purposes of carrying out this subsection, information on such model 
projects does not have to be approved through the program effectiveness 
panel, but may be provided directly through the State facilitators. In 
addition, the National Diffusion Network may disseminate other 
information available through the Office of Education Dissemination and 
Reform Assistance established under subsection (m) through the National 
Diffusion Network.
    (o) National Education Library.--
            (1) Establishment.--There shall be established a National 
        Library of Education at the Department of Education (hereafter 
        in this subsection referred to as the ``Library'') which 
        shall--
                    (A) be a national resource center for teachers, 
                scholars, librarians, State, local, and Indian tribal 
                education officials, parents, and other interested 
                individuals; and
                    (B) provide resources to assist in the--
                            (i) advancement of research on education;
                            (ii) dissemination and exchange of 
                        scientific and other information important to 
                        the improvement of education at all levels; and
                            (iii) improvement of educational 
                        achievement.
            (2) Mission.--The mission of the Library shall be to--
                    (A) become a principal center for the collection, 
                preservation, and effective utilization of the research 
                and other information related to education and to the 
                improvement of educational achievement;
                    (B) strive to ensure widespread access to the 
                Library's facilities and materials, coverage of all 
                education issues and subjects, and quality control;
                    (C) have an expert library staff; and
                    (D) use modern information technology that holds 
                the potential to link major libraries, schools, and 
                educational centers across the United States into a 
                network of national education resources.
            (3) Functions.--The Library shall--
                    (A) establish a policy to acquire and preserve 
                books, periodicals, data, prints, films, recordings, 
                and other library materials related to education;
                    (B) establish a policy to disseminate information 
                about the materials available in the Library;
                    (C) make available through loans, photographic or 
                other copying procedures, or otherwise, such materials 
                in the Library as the Secretary deems appropriate; and
                    (D) provide reference and research assistance.
            (4) Librarian.--
                    (A) In general.--The Secretary shall appoint a 
                librarian to head the Library.
                    (B) Experience.--The individual appointed pursuant 
                to subparagraph (A) shall have extensive experience as 
                a librarian.
                    (C) Solicitation of nominations.--The Secretary 
                shall solicit nominations from individuals and 
                organizations before making the appointment described 
                in subparagraph (A).
                    (D) Salary.--The librarian shall be paid at not 
                less than the minimum rate of pay payable for level GS-
                15 of the General Schedule.
    (p) Education Resources Information Clearinghouses.--The Assistant 
Secretary shall establish and support Education Resources Information 
Clearinghouses (including directly supporting dissemination services) 
having such functions as the clearinghouses had on the day preceding 
the date of enactment of this Act, except that--
            (1) the Assistant Secretary shall establish for the 
        clearinghouses a coherent policy for the abstraction from, and 
        inclusion in, the educational resources information 
        clearinghouse system books, periodicals, reports, and other 
        materials related to education; and
            (2) the clearinghouses shall collect and disseminate 
        information on alternative management demonstration projects 
        operating in public schools throughout the Nation.
    (q) Authorization of Appropriations.--
            (1) Directorates of educational research.--
                    (A) In general.--There are authorized to be 
                appropriated $100,000,000 for fiscal year 1995, and 
                such sums as may be necessary for each of the fiscal 
                years 1996 through 1999, to carry out subsections (c) 
                through (h), relating to the Directorates of 
                Educational Research.
                    (B) Appropriations of $70,000,000 or less.--From 
                the amount made available under clause (i) in any 
                fiscal year in which the amount appropriated to carry 
                out such clause is $70,000,000 or less--
                            (i) at least 25 percent of such amount 
                        shall be available to carry out subsection (d), 
                        relating to the National Directorate on 
                        Curriculum, Instruction, and Assessment;
                            (ii) at least 10 percent of such amount 
                        shall be available to carry out subsection (e), 
                        relating to the National Directorate on the 
                        Educational Achievement of Historically 
                        Underserved Populations;
                            (iii) at least 10 percent of such amount 
                        shall be available to carry out subsection (f), 
                        relating to the National Directorate on Early 
                        Childhood Development and Education;
                            (iv) at least 5 percent of such amount 
                        shall be available to carry out subsection (g), 
                        relating to the National Directorate on 
                        Elementary and Secondary Educational 
                        Governance, Finance, Policymaking, and 
                        Management;
                            (v) at least 5 percent of such amount shall 
                        be available to carry out subsection (h), 
                        relating to the National Directorate on Adult 
                        Education, Literacy and Lifelong Learning; and
                            (vi) not more than 10 percent of such 
                        amount shall be available to carry out 
                        synthesis and coordination activities described 
                        in subsection (c)(1)(C).
                    (C) Appropriations greater than $70,000,000.--From 
                the amount made available under clause (i) in any 
                fiscal year in which the amount appropriated to carry 
                out such clause is greater than $70,000,000--
                            (i) at least 30 percent of such amount 
                        shall be available to carry out subsection (d), 
                        relating to the National Directorate on 
                        Curriculum, Instruction, and Assessment;
                            (ii) at least 10 percent of such amount 
                        shall be available to carry out subsection (e), 
                        relating to the National Directorate on the 
                        Educational Achievement of Historically 
                        Underserved Populations;
                            (iii) at least 10 percent of such amount 
                        shall be available to carry out subsection (f), 
                        relating to the National Directorate on Early 
                        Childhood Development and Education;
                            (iv) at least 10 percent of such amount 
                        shall be available to carry out subsection (g), 
                        relating to the National Directorate on 
                        Elementary and Secondary Educational 
                        Governance, Finance, Policymaking, and 
                        Management;
                            (v) at least 10 percent of such amount 
                        shall be available to carry out subsection (h), 
                        relating to the National Directorate on Adult 
                        Education, Literacy and Lifelong Learning; and
                            (vi) not more than 10 percent of such 
                        amount shall be available to carry out 
                        synthesis and coordination activities described 
                        in subsection (c)(1)(C).
                    (D) Special rule.--Not less than 95 percent of 
                funds appropriated pursuant to the authority of clause 
                (i) in any fiscal year shall be expended to carry out 
                this section through grants, cooperative agreements, or 
                contracts.
            (2) Regional educational laboratories.--There are 
        authorized to be appropriated $41,000,000 for fiscal year 1995, 
        and such sums as may be necessary for each of the fiscal years 
        1996 through 1999, to carry out subsection (k), relating to the 
        regional educational laboratories.
            (3) Teacher research dissemination demonstration program.--
                    (A) In general.--There are authorized to be 
                appropriated $10,000,000 for fiscal year 1995, and such 
                sums as may be necessary for each of the fiscal years 
                1996 through 1999, to carry out the provisions of 
                subsection (l), relating to the teacher research 
                dissemination demonstration program.
                    (B) Peer review.--The Secretary may use not more 
                than 0.2 percent of the amount appropriated pursuant to 
                the authority of subparagraph (A) for each fiscal year 
                for peer review of applications under this section.
            (4) Office of dissemination and reform assistance.--There 
        are authorized to be appropriated $5,000,000 for fiscal year 
        1995, and such sums as may be necessary for each of the fiscal 
        years 1996 through 1999, to carry out subsections (m) and 
        (k)(6), relating to the Office of Education Dissemination and 
        Reform Assistance and additional projects for regional 
        educational laboratories, respectively.
            (5) National diffusion network state facilitators.--There 
        are authorized to be appropriated $10,000,000 for the fiscal 
        year 1995, and such sums as may be necessary for each of fiscal 
        years 1996 through 1999, to carry out subsection (n), relating 
        to the National Diffusion Network State Facilitators.
            (6) National education library.--There are authorized to be 
        appropriated $10,000,000 for fiscal year 1995, and such sums as 
        may be necessary for each of the fiscal years 1996 through 
        1999, to carry out subsection (o), relating to the National 
        Education Library.
            (7) Education resources information clearinghouses.--There 
        are authorized to be appropriated $10,000,000 for fiscal year 
        1995, and such sums as may be necessary for each of the fiscal 
        years 1996 through 1999, to carry out subsection (p), relating 
        to the Education Resources Information Clearinghouses.
            (8) Administration of funds.--When more than one Federal 
        agency uses funds to support a single project under this 
        section, the Office may act for all such agencies in 
        administering such funds.
    (r) Existing Contracts and Grants.--
            (1) Special rule.--Notwithstanding any other provision of 
        law, grants or contracts for the regional educational 
        laboratories and the centers assisted under section 405 of the 
        General Education Provisions Act on the day preceding the date 
        of enactment of this Act shall remain in effect until the 
        termination date of such grants or contracts, except that the 
        grants or contracts for such centers which terminate before the 
        competition for the new centers described in subsection 
        (c)(3)(B) is completed may be extended until the time that the 
        awards for such new centers are made.
            (2) Funding.--The Secretary shall use amounts appropriated 
        pursuant to the authority of subsection (q)(1)(A) to support 
        the grants or contracts described in paragraph (1).

SEC. 913. SAVINGS PROVISIONS.

    (a) Continuing Effect of Legal Documents.--All orders, 
determinations, rules, regulations, permits, agreements, grants, 
contracts, certificates, licenses, registrations, privileges, and other 
administrative actions--
            (1) which have been issued, made, granted, or allowed to 
        become effective by the President, any Federal agency or 
        official thereof, or by a court of competent jurisdiction, in 
        the performance of functions of the Office of Educational 
        Research and Improvement (as such functions existed on the day 
        before the date of enactment of this Act); and
            (2) which are in effect at the time this title takes 
        effect, or were final before the effective date of this title 
        and are to become effective on or after the effective date of 
        this title,
shall continue in effect according to their terms until modified, 
terminated, superseded, set aside, or revoked in accordance with law by 
the President, the Secretary or other authorized official, a court of 
competent jurisdiction, or by operation of law.
    (b) Proceedings Not Affected.--The provisions of this title shall 
not affect any proceedings, including notices of proposed rulemaking, 
or any application for any license, permit, certificate, or financial 
assistance pending before the Office of Educational Research and 
Improvement at the time this title takes effect, with respect to 
functions of such Office but such proceedings and applications shall be 
continued. Orders shall be issued in such proceedings, appeals shall be 
taken therefrom, and payments shall be made pursuant to such orders, as 
if this title had not been enacted, and orders issued in any such 
proceedings shall continue in effect until modified, terminated, 
superseded, or revoked by a duly authorized official, by a court of 
competent jurisdiction, or by operation of law. Nothing in this 
subsection shall be deemed to prohibit the discontinuance or 
modification of any such proceeding under the same terms and conditions 
and to the same extent that such proceeding could have been 
discontinued or modified if this title had not been enacted.
    (c) Suits Not Affected.--The provisions of this title shall not 
affect suits commenced before the effective date of this title, and in 
all such suits, proceedings shall be had, appeals taken, and judgments 
rendered in the same manner and with the same effect as if this title 
had not been enacted.
    (d) Nonabatement of Actions.--No suit, action, or other proceeding 
commenced by or against the Office of Educational Research and 
Improvement, or by or against any individual in the official capacity 
of such individual as an officer of the Office of Educational Research 
and Improvement, shall abate by reason of the enactment of this title.
    (e) Administrative Actions Relating to Promulgation of 
Regulations.--Any administrative action relating to the preparation or 
promulgation of a regulation by the Office of Educational Research and 
Improvement relating to a function of such Office under this title may 
be continued by the Office of Educational Research and Improvement with 
the same effect as if this title had not been enacted.

SEC. 914. FIELD READERS.

    Section 402 of the Department of Education Organization Act (20 
U.S.C. 3462) is amended--
            (1) by inserting ``(a) In General.--'' before ``The 
        Secretary''; and
            (2) by adding at the end the following new subsection:
    ``(b) Special Rule.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, the Secretary may use not more than 1 percent of the funds 
        appropriated for any education program that awards such funds 
        on a competitive basis to pay the expenses and fees of non-
        Federal experts necessary to review applications and proposals 
        for such funds.
            ``(2) Applicability.--The provisions of paragraph (1) shall 
        not apply to any education program under which funds are 
        authorized to be appropriated to pay the fees and expenses of 
        non-Federal experts to review applications and proposals for 
        such funds.''.

                PART B--EDUCATIONAL IMPROVEMENT PROGRAMS

               Subpart 1--International Education Program

SEC. 921. INTERNATIONAL EDUCATION PROGRAM.

    (a) Program Established.--The Secretary shall carry out an 
International Education Program in accordance with this section that 
shall provide for--
            (1) the study of international education programs and 
        delivery systems; and
            (2) an international education exchange program.
    (b) Assessment and Information.--The Secretary shall award grants 
for the study, evaluation and analysis of education systems in other 
nations, particularly Great Britain, France, Germany and Japan. Such 
studies shall focus upon a comparative analysis of curriculum, 
methodology and organizational structure, including the length of the 
school year and school day. In addition, the studies shall provide an 
analysis of successful strategies employed by other nations to improve 
student achievement, with a specific focus upon application to 
schooling and the National Education Goals.
    (c) International Education Exchange.--
            (1) Requirement.--
                    (A) In general.--The Secretary shall carry out a 
                program to be known as the International Education 
                Exchange Program. Under such program the Secretary 
                shall award grants to or enter into contracts with 
                organizations with demonstrated effectiveness or 
                expertise in international achievement comparisons, in 
                order to--
                            (i) make available to educators from 
                        eligible countries exemplary curriculum and 
                        teacher training programs in civics and 
                        government education and economic education 
                        developed in the United States;
                            (ii) assist eligible countries in the 
                        adaptation and implementation of such programs 
                        or joint research concerning such programs;
                            (iii) create and implement educational 
                        programs for United States students which draw 
                        upon the experiences of emerging constitutional 
                        democracies;
                            (iv) provide a means for the exchange of 
                        ideas and experiences in civics and government 
                        education and economic education among 
                        political, educational and private sector 
                        leaders of participating eligible countries; 
                        and
                            (v) provide support for--
                                    (I) research and evaluation to 
                                determine the effects of educational 
                                programs on students' development of 
                                the knowledge, skills and traits of 
                                character essential for the 
                                preservation and improvement of 
                                constitutional democracy; and
                                    (II) effective participation in and 
                                the preservation and improvement of an 
                                efficient market economy.
                    (B) Reservations.--In carrying out the program 
                described in subparagraph (A), the Secretary shall 
                reserve in each fiscal year--
                            (i) 50 percent of the amount available to 
                        carry out this subsection for civics and 
                        government education activities; and
                            (ii) 50 percent of such amount for economic 
                        education activities.
            (2) Contract authorized.--
                    (A) In general.--The Secretary is authorized to 
                contract with independent nonprofit educational 
                organizations to carry out the provisions of this 
                subsection.
                    (B) Number.--The Secretary shall award at least 1 
                but not more than 3 contracts described in subparagraph 
                (A) in each of the areas described in clauses (i) and 
                (ii) of paragraph (1)(B).
                    (C) Avoidance of duplication.--The Secretary shall 
                award contracts described in subparagraph (A) so as to 
                avoid duplication of activities in such contracts.
                    (D) Requirements.--Each organization with which the 
                Secretary enters into a contract pursuant to 
                subparagraph (A) shall--
                            (i) be experienced in--
                                    (I) the development and national 
                                implementation of curricular programs 
                                in civics and government education and 
                                economic education for students from 
                                grades kindergarten through 12 in 
                                local, intermediate, and State 
                                educational agencies, in schools funded 
                                by the Bureau of Indian Affairs, and in 
                                private schools throughout the Nation 
                                with the cooperation and assistance of 
                                national professional educational 
                                organizations, colleges and 
                                universities, and private sector 
                                organizations;
                                    (II) the development and 
                                implementation of cooperative 
                                university and school based inservice 
                                training programs for teachers of 
                                grades kindergarten through grade 12 
                                using scholars from such relevant 
                                disciplines as political science, 
                                political philosophy, history, law and 
                                economics;
                                    (III) the development of model 
                                curricular frameworks in civics and 
                                government education and economic 
                                education;
                                    (IV) the administration of 
                                international seminars on the goals and 
                                objectives of civics and government 
                                education or economic education in 
                                constitutional democracies (including 
                                the sharing of curricular materials) 
                                for educational leaders, teacher 
                                trainers, scholars in related 
                                disciplines, and educational 
                                policymakers; and
                                    (V) the evaluation of civics and 
                                government education or economic 
                                education programs; and
                            (ii) have the authority to subcontract with 
                        other organizations to carry out the provisions 
                        of this subsection.
            (3) Activities.--The international education program 
        described in this subsection shall--
                    (A) provide eligible countries with--
                            (i) seminars on the basic principles of 
                        United States constitutional democracy and 
                        economics, including seminars on the major 
                        governmental and economic institutions and 
                        systems in the United States, and visits to 
                        such institutions;
                            (ii) visits to school systems, institutions 
                        of higher learning, and nonprofit organizations 
                        conducting exemplary programs in civics and 
                        government education and economic education in 
                        the United States;
                            (iii) home stays in United States 
                        communities;
                            (iv) translations and adaptations regarding 
                        United States civics and government education 
                        and economic education curricular programs for 
                        students and teachers, and in the case of 
                        training programs for teachers translations and 
                        adaptations into forms useful in schools in 
                        eligible countries, and joint research projects 
                        in such areas;
                            (v) translation of basic documents of 
                        United States constitutional government for use 
                        in eligible countries, such as The Federalist 
                        Papers, selected writings of Presidents Adams 
                        and Jefferson and the Anti-Federalists, and 
                        more recent works on political theory, 
                        constitutional law and economics; and
                            (vi) research and evaluation assistance to 
                        determine--
                                    (I) the effects of educational 
                                programs on students' development of 
                                the knowledge, skills and traits of 
                                character essential for the 
                                preservation and improvement of 
                                constitutional democracy; and
                                    (II) effective participation in and 
                                the preservation and improvement of an 
                                efficient market economy;
                    (B) provide United States participants with--
                            (i) seminars on the histories, economics 
                        and governments of eligible countries;
                            (ii) visits to school systems, institutions 
                        of higher learning, and organizations 
                        conducting exemplary programs in civics and 
                        government education and economic education 
                        located in eligible countries;
                            (iii) home stays in eligible countries;
                            (iv) assistance from educators and scholars 
                        in eligible countries in the development of 
                        curricular materials on the history, government 
                        and economics of such countries that are useful 
                        in United States classrooms;
                            (v) opportunities to provide on-site 
                        demonstrations of United States curricula and 
                        pedagogy for educational leaders in eligible 
                        countries; and
                            (vi) research and evaluation assistance to 
                        determine--
                                    (I) the effects of educational 
                                programs on students' development of 
                                the knowledge, skills and traits of 
                                character essential for the 
                                preservation and improvement of 
                                constitutional democracy; and
                                    (II) effective participation in and 
                                improvement of an efficient market 
                                economy; and
                    (C) assist participants from eligible countries and 
                the United States in participating in international 
                conferences on civics and government education and 
                economic education for educational leaders, teacher 
                trainers, scholars in related disciplines, and 
                educational policymakers.
            (4) Printer materials and programs.--All printed materials 
        and programs provided to foreign nations under this subsection 
        shall bear the logo and text used by the Marshall Plan after 
        World War II, that is, clasped hands with the inscription ``A 
        gift from the American people to the people of (insert name of 
        country)''.
            (5) Participants.--The primary participants in the 
        international education program assisted under this subsection 
        shall be leading educators in the areas of civics and 
        government education and economic education, including 
        curriculum and teacher training specialists, scholars in 
        relevant disciplines, and educational policymakers, from the 
        United States and eligible countries.
            (6) Personnel and technical experts.--The Secretary is 
        authorized to provide Department of Education personnel and 
        technical experts to assist eligible countries establish and 
        implement a database or other effective methods to improve 
        educational delivery systems, structure and organization.
            (7) Definitions.--For the purpose of this subsection the 
        term ``eligible country'' means a Central European country, an 
        Eastern European country, Lithuania, Latvia, Estonia, Georgia, 
        the Commonwealth of Independent States, and any country that 
        formerly was a republic of the Soviet Union whose political 
        independence is recognized in the United States.
    (d) Authorization of Appropriations.--
            (1) Assessment and information.--There are authorized to be 
        appropriated $1,000,000 for fiscal year 1995, and such sums as 
        may be necessary for each of the fiscal years 1996 through 
        1999, to carry out subsection (b).
            (2) International education exchange.--There are authorized 
        to be appropriated $10,000,000 for fiscal year 1995, and such 
        sums as may be necessary for each of the fiscal years 1996 
        through 1999, to carry out subsection (c).

  Subpart 2--Amendments to the Carl D. Perkins Vocational and Applied 
                        Technology Education Act

SEC. 931. NATIONAL OCCUPATIONAL INFORMATION COORDINATING COMMITTEE.

    Section 422 of the Carl D. Perkins Vocational and Applied 
Technology Education Act (20 U.S.C. 2422) is amended--
            (1) in paragraph (2) of subsection (a), by inserting 
        ``(including postsecondary employment and training programs)'' 
        after ``training programs''; and
            (2) in subsection (b)--
                    (A) by redesignating subparagraphs (A) and (B) as 
                paragraphs (1) and (2), respectively;
                    (B) in the matter preceding paragraph (1) (as 
                redesignated in subparagraph (A)), by inserting ``the 
                State board or agency governing higher education,'' 
                after ``coordinating council,''; and
                    (C) in paragraph (1) (as redesignated in 
                subparagraph (A))--
                            (i) by striking ``Act and of'' and 
                        inserting ``Act, of''; and
                            (ii) by inserting ``and of the State board 
                        or agency governing higher education'' after 
                        ``Job Training Partnership Act'';
            (3) by redesignating subsection (d) as subsection (e); and
            (4) by inserting after subsection (c) the following new 
        subsection:
    ``(d) Data Collection System.--In the development and design of a 
system to provide data on graduation or completion rates, job placement 
rates from occupationally specific programs, licensing rates, and 
awards of high school graduate equivalency diplomas (GED), each State 
board for higher education shall develop a data collection system the 
results of which can be integrated into the occupational information 
system developed under this section.''.

    Subpart 3--Elementary Mathematics and Science Equipment Program

SEC. 941. SHORT TITLE.

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

SEC. 942. STATEMENT OF PURPOSE.

    It is the purpose of this subpart 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. 943. PROGRAM AUTHORIZED.

    The Secretary is authorized to make allotments to State educational 
agencies under section 944 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. 944. ALLOTMENTS OF FUNDS.

    (a) In General.--From the amount appropriated under section 950 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 the Republic of Palau according to 
        their respective needs for assistance under this subpart; 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 subpart.
    (b) Allotment.--The remainder of the amount so appropriated (after 
meeting requirements in subsection (a)) shall be allotted among State 
educational agencies so that--
            (1) 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
            (2) one-half of such remainder shall be distributed 
        according to each State's share of allocations under chapter 1 
        of title I of the Elementary and Secondary Education Act of 
        1965,
except that no State educational agency shall receive less than one-
half of 1 percent of the amount available under this subsection in any 
fiscal year or less than the amount allotted to such State for fiscal 
year 1988 under title II of the Education for Economic Security Act.
    (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 subpart which the Secretary determines will not be 
required for that fiscal year to carry out this subpart 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 subpart of the State educational agency's allotment under subsection 
(b) for that year.
    (d) Definition.--For the purposes of this subpart 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 11, 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. 945. STATE APPLICATION.

    (a) Application.--Each State educational agency desiring to receive 
an allotment under this subpart 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 subpart 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 subpart;
                    (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 subpart once 
                over the 5-year duration of the program assisted under 
                this subpart;
                    (D) funds provided under this subpart will 
                supplement, not supplant, State and local funds made 
                available for activities authorized under this subpart;
                    (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 subpart;
            (2) provide, if appropriate, a description of how funds 
        paid under this subpart 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 sections 236 and 237 for distribution of 
                assistance under this subpart 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 subpart shall be 
used for the administrative costs of such agency associated with 
carrying out the program assisted under this subpart.

SEC. 946. LOCAL APPLICATION.

    (a) Application.--A local educational agency that desires to 
receive a grant under this subpart 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 subpart 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 subpart to meet the purpose of this 
        subpart;
            (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 
        subpart, except that no such application shall be penalized or 
        denied assistance under this subpart based on failure to 
        provide such matching funds;
            (3) describe, if applicable, how funds under this subpart 
        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 subpart, 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. 947. PARTICIPATION OF PRIVATE SCHOOLS.

    (a) Participation of Private Schools.--To the extent consistent 
with the number of children in the State or in the school district of 
each local educational agency who are enrolled in private nonprofit 
elementary schools, such State educational agency shall, after 
consultation with appropriate private school representatives, make 
provision for including services and arrangements for the benefit of 
such children as will assure the equitable participation of such 
children in the purposes and benefits of this subpart.
    (b) Waiver.--If by reason of any provision of State law a local 
educational agency is prohibited from providing for the participation 
of children or teachers from private nonprofit schools as required by 
subsection (a), or if the Secretary determines that a State or local 
educational agency has substantially failed or is unwilling to provide 
for such participation on an equitable basis, the Secretary shall waive 
such requirements and shall arrange for the provision of services to 
such children or teachers subject to the requirement of this section. 
Such waivers shall be subject to consultation, withholding, notice, and 
judicial review requirements described in section 1017 of the 
Elementary and Secondary Education Act of 1965.

SEC. 948. PROGRAM REQUIREMENTS.

    (a) Coordination.--Each State educational agency receiving an 
allotment under this subpart shall--
            (1) disseminate information to school districts and 
        schools, including private nonprofit elementary schools, 
        regarding the program assisted under this subpart;
            (2) evaluate applications of local educational agencies;
            (3) award grants to local educational agencies based on the 
        priorities described in section 946(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 subpart 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 subpart 
        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 subpart is intended to support, such as the installation 
        of electrical outlets, plumbing, lab tables or counters, or 
        ventilation mechanisms.

SEC. 949. 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 subpart, shall 
develop procedures for State and local evaluations of the programs 
assisted under this subpart.
    (b) Report.--The Secretary shall report to the Congress each year 
on the program assisted under this subpart.

SEC. 950. 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 fiscal years 
1996 through 1999, to carry out this subpart.

                      Subpart 4--Media Instruction

SEC. 951. MEDIA INSTRUCTION.

    (a) Grants Authorized.--The Secretary shall enter into a contract 
with an independent nonprofit organization described in subsection (b) 
for the establishment of a national multimedia television-based project 
directed to homes, schools and after-school programs that is designed 
to motivate and improve the reading comprehension and writing coherence 
of elementary school-age children.
    (b) Demonstrated Effectiveness.--The Secretary shall award the 
contract described in subsection (a) to an independent nonprofit 
organization that has demonstrated effectiveness in educational 
programming and development on a nationwide basis.
    (c) Authorization and Appropriations.--There are authorized to be 
appropriated $5,000,000 for fiscal year 1995, and such sums as may be 
necessary for fiscal year 1996 and fiscal year 1997, to carry out this 
section.

                        Subpart 5--Star Schools

SEC. 961. STAR SCHOOLS.

    Subsection (a) of section 908 of the Star Schools Assistance Act 
(20 U.S.C. 4085b(a)) is amended by striking ``greater'' and inserting 
``lesser''.

       Subpart 6--Office of Comprehensive School Health Education

SEC. 971. OFFICE OF COMPREHENSIVE SCHOOL HEALTH EDUCATION.

    (a) In General.--Subsection (c) of section 4605 of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 3155(c)) is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``Office of the Secretary'' and inserting ``Office of 
        Elementary and Secondary Education''; and
            (2) by adding at the end the following new paragraph:
            ``(4) To act as a liaison office for the coordination of 
        the activities undertaken by the Office under this section with 
        related activities of the Department of Health and Human 
        Services and to expand school health education research grant 
        programs under this section.''.
    (b) Transition.--The Secretary shall take all appropriate actions 
to facilitate the transfer of the Office of Comprehensive School Health 
Education pursuant to the amendment made by subsection (a).

              Subpart 7--Minority-Focused Civics Education

SEC. 981. SHORT TITLE.

    This subpart may be cited as the ``Minority-Focused Civics 
Education Act of 1994''.

SEC. 982. PURPOSES.

    It is the purpose of this subpart--
            (1) to encourage improved instruction for minorities and 
        Native Americans in American government and civics through a 
        national program of accredited summer teacher training and 
        staff development seminars or institutes followed by academic 
        year inservice training programs conducted on college and 
        university campuses or other appropriate sites, for--
                    (A) social studies and other teachers responsible 
                for American history, government, and civics classes; 
                and
                    (B) other educators who work with minority and 
                Native American youth; and
            (2) through such improved instruction to improve minority 
        and Native American student knowledge and understanding of the 
        American system of government.

SEC. 983. GRANTS AUTHORIZED; AUTHORIZATION OF APPROPRIATIONS.

    (a) Grants Authorized.--
            (1) In general.--The Secretary is authorized to make grants 
        to eligible entities for the development and implementation of 
        seminars in American government and civics for elementary and 
        secondary school teachers and other educators who work with 
        minority and Native American students.
            (2) Award rule.-- In awarding grants under this subpart, 
        the Secretary shall ensure that there is wide geographic 
        distribution of such grants.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated $5,000,000 for fiscal 1995, and such sums as may be 
necessary for each of the fiscal years 1996, 1997, and 1998, to carry 
out this subpart.

SEC. 984. DEFINITIONS.

    For purposes of this subpart--
            (1) the term ``eligible entity'' means a State educational 
        agency, an institution of higher education or a State higher 
        education agency, or a public or private nonprofit 
        organization, with experience in coordinating or conducting 
        teacher training seminars in American government and civics 
        education, or a consortium thereof; and
            (2) the term ``State higher education agency'' means the 
        officer or agency primarily responsible for the State 
        supervision of higher education.

SEC. 985. APPLICATIONS.

    (a) Application Required.--Each eligible entity desiring a grant 
under this subpart 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 Application.--Each application submitted pursuant 
to subsection (a) shall--
            (1) define the learning objectives and course content of 
        each seminar to be held and describe the manner in which 
        seminar participants shall receive substantive academic 
        instruction in the principles, institutions and processes of 
        American government;
            (2) provide assurances that educators successfully 
        participating in each seminar will qualify for either graduate 
        credit or professional development or advancement credit 
        according to the criteria established by a State or local 
        educational agency;
            (3) describe the manner in which seminar participants shall 
        receive exposure to a broad array of individuals who are 
        actively involved in the political process, including political 
        party representatives drawn equally from the major political 
        parties, as well as representatives of other organizations 
        involved in the political process;
            (4) provide assurances that the seminars will be conducted 
        on a nonpartisan basis;
            (5) describe the manner in which the seminars will address 
        the role of minorities or Native Americans in the American 
        political process, including such topics as--
                    (A) the history and current political state of 
                minorities or Native Americans;
                    (B) recent research on minority or Native American 
                political socialization patterns and cognitive learning 
                styles; and
                    (C) studies of political participation patterns of 
                minorities or Native Americans;
            (6) describe the pedagogical elements for teachers that 
        will enable teachers to develop effective strategies and lesson 
        plans for teaching minorities or Native American students at 
        the elementary and secondary school levels;
            (7) identify the eligible entities which will conduct the 
        seminars for which assistance is sought;
            (8) in the case that the eligible entity is an institution 
        of higher education, describe the plans for collaborating with 
        national organizations in American government and civics 
        education;
            (9) provide assurances that during the academic year 
        educators participating in the summer seminars will provide 
        inservice training programs based upon what such educators have 
        learned and the curricular materials such educators have 
        developed or acquired for their peers in their school systems 
        with the approval and support of their school administrators; 
        and
            (10) describe the activities or services for which 
        assistance is sought, including activities and services such 
        as--
                    (A) development of seminar curricula;
                    (B) development and distribution of instructional 
                materials;
                    (C) scholarships for participating teachers; and
                    (D) program assessment and evaluation.
    (c) Priority.--The Secretary, in approving applications for 
assistance under this subpart, shall give priority to applications 
which demonstrate that--
            (1) the applicant will serve teachers who teach in schools 
        with a large number or concentration of economically 
        disadvantaged students;
            (2) the applicant has demonstrated national experience in 
        conducting or coordinating accredited summer seminars in 
        American government or civics education for elementary and 
        secondary school teachers;
            (3) the applicant will coordinate or conduct seminars on a 
        national or multistate basis through a collaboration with an 
        institution of higher education, State higher education agency 
        or a public or private nonprofit organization, with experience 
        in coordinating or conducting teacher training programs in 
        American government and civics education;
            (4) the applicant will coordinate or conduct seminars 
        designed for more than one minority student population and for 
        Native Americans; and
            (5) the applicant will coordinate or conduct seminars that 
        offer a combination of academic instruction in American 
        government, exposure to the practical workings of the political 
        system, and training in appropriate pedagogical techniques for 
        working with minority and Native American students.

                          PART C--DEFINITIONS

SEC. 991. DEFINITIONS.

    For the purpose of this title--
            (1) the term ``elementary school'' has the same meaning 
        given to such term by section 1471(8) of the Elementary and 
        Secondary Education Act of 1965;
            (2) the term ``institution of higher education'' has the 
        same meaning given to such term by section 1201(a) of the 
        Higher Education Act of 1965;
            (3) the term ``local educational agency'' has the same 
        meaning given to such term by section 1471(12) of the 
        Elementary and Secondary Education Act of 1965;
            (4) the term ``secondary school'' has the same meaning 
        given to such term by section 1471(21) of the Elementary and 
        Secondary Education Act of 1965;
            (5) the term ``Secretary'' means the Secretary of 
        Education; and
            (6) the term ``State educational agency'' has the same 
        meaning given such term by section 1471(23) of the Elementary 
        and Secondary Education Act of 1965.

                      TITLE X--PARENTS AS TEACHERS

SEC. 1001. FINDINGS.

    The Congress finds that--
            (1) increased parental involvement in the education of 
        their children appears to be the key to long-term gains for 
        youngsters;
            (2) providing seed money is an appropriate role for the 
        Federal Government to play in education;
            (3) children participating in the parents as teachers 
        program in Missouri are found to have increased cognitive or 
        intellectual skills, language ability, social skills and other 
        predictors of school success;
            (4) most early childhood programs begin at age 3 or 4 when 
        remediation may already be necessary; and
            (5) many children receive no health screening between birth 
        and the time they enter school, thus such children miss the 
        opportunity of having developmental delays detected early.

SEC. 1002. STATEMENT OF PURPOSE.

    It is the purpose of this title to encourage States and eligible 
entities to develop and expand parent and early childhood education 
programs in an effort to--
            (1) increase parents' knowledge of and confidence in child-
        rearing activities, such as teaching and nurturing their young 
        children;
            (2) strengthen partnerships between parents and schools; 
        and
            (3) enhance the developmental progress of participating 
        children.

SEC. 1003. DEFINITIONS.

    For the purposes of this title--
            (1) the term ``developmental screening'' means the process 
        of measuring the progress of children to determine if there are 
        problems or potential problems or advanced abilities in the 
        areas of understanding and use of language, perception through 
        sight, perception through hearing, motor development and hand-
        eye coordination, health, and physical development;
            (2) the term ``eligible entity'' means an entity in a State 
        operating a parents as teachers program;
            (3) the term ``eligible family'' means any parent with one 
        or more children between birth and 3 years of age;
            (4) the term ``lead agency'' means--
                    (A) except as provided in subparagraph (B), the 
                office, agency, or other entity in a State designated 
                by the Governor to administer the parents as teachers 
                program authorized by this title; or
                    (B) in the case of a grant awarded under this title 
                to an eligible entity, such eligible entity;
            (5) the term ``parent education'' includes parent support 
        activities, the provision of resource materials on child 
        development and parent-child learning activities, private and 
        group educational guidance, individual and group learning 
        experiences for the parent and child, and other activities that 
        enable the parent to improve learning in the home; and
            (6) the term ``parent educator'' means a person hired by 
        the lead agency of a State or designated by local entities who 
        administers group meetings, home visits and developmental 
        screening for eligible families.

SEC. 1004. PROGRAM ESTABLISHED.

    (a) Authority.--
            (1) In general.--The Secretary is authorized to make grants 
        in order to pay the Federal share of the cost of establishing, 
        expanding, or operating parents as teachers programs in a 
        State.
            (2) Eligible recipients.--The Secretary may make a grant 
        under paragraph (1) to a State, except that, in the case of a 
        State having an eligible entity, the Secretary shall make the 
        grant directly to the eligible entity.
    (b) Funding Rule.--Grant funds awarded under this section shall be 
used so as to supplement, and to the extent practicable, increase the 
level of funds that would, in the absence of such funds, be made 
available from non-Federal sources, and in no case may such funds be 
used so as to supplant funds from non-Federal sources.

SEC. 1005. PROGRAM REQUIREMENTS.

    (a) Requirements.--Each State or eligible entity receiving a grant 
pursuant to section 1004 shall conduct a parents as teachers program 
which--
            (1) establishes and operates parent education programs, 
        including programs of developmental screening of children; and
            (2) designates a lead State agency which--
                    (A) shall hire parent educators who have had 
                supervised experience in the care and education of 
                children;
                    (B) shall establish the number of group meetings 
                and home visits required to be provided each year for 
                each participating family, with a minimum of 2 group 
                meetings and 10 home visits for each participating 
                family;
                    (C) shall be responsible for administering the 
                periodic screening of participating children's 
                educational, hearing and visual development, using the 
                Denver Developmental Test, Zimmerman Preschool Language 
                Scale, or other approved screening instruments; and
                    (D) shall develop recruitment and retention 
                programs for hard-to-reach populations.
    (b) Limitation.--Grant funds awarded under this title shall only be 
used for parents as teachers programs which serve families during the 
period beginning with the birth of a child and ending when the child 
attains the age of 3.

SEC. 1006. SPECIAL RULES.

    Notwithstanding any other provision of this section--
            (1) no person, including home school parents, public school 
        parents, or private school parents, shall be required to 
        participate in any program of parent education or developmental 
        screening pursuant to the provisions of this title;
            (2) no parents as teachers program assisted under this 
        title shall take any action that infringes in any manner on the 
        right of parents to direct the education of their children; and
            (3) the provisions of section 438(c) of the General 
        Education Provisions Act shall apply to States and eligible 
        entities awarded grants under this title.

SEC. 1007. PARENTS AS TEACHERS CENTERS.

    The Secretary shall establish one or more Parents As Teachers 
Centers to disseminate information to, and provide technical and 
training assistance to, States and eligible entities establishing and 
operating parents as teachers programs.

SEC. 1008. EVALUATIONS.

    The Secretary shall complete an evaluation of the parents as 
teachers programs assisted under this title within 4 years from the 
date of enactment of this Act, including an assessment of such 
programs' impact on at-risk children.

SEC. 1009. APPLICATION.

    Each State or eligible entity desiring a grant under this title 
shall submit an application to the Secretary at such time, in such 
manner and accompanied by such information as the Secretary may 
reasonably require. Each such application shall describe the activities 
and services for which assistance is sought.

SEC. 1010. PAYMENTS AND FEDERAL SHARE.

    (a) Payments.--The Secretary shall pay to each State or eligible 
entity having an application approved under section 1009 the Federal 
share of the cost of the activities described in the application.
    (b) Federal Share.--
            (1) In general.--The Federal share--
                    (A) for the first year for which a State or 
                eligible entity receives assistance under this title 
                shall be 100 percent;
                    (B) for the second such year shall be 100 percent;
                    (C) for the third such year shall be 75 percent;
                    (D) for the fourth such year shall be 50 percent; 
                and
                    (E) for the fifth such year shall be 25 percent.
            (2) Non-federal share.--The non-Federal share of payments 
        under this title may be in cash or in kind, fairly evaluated, 
        including planned equipment or services.

SEC. 1011. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated $20,000,000 for fiscal year 
1993, and such sums as may be necessary for each of the fiscal years 
1994 through 1997, to carry out this title.

SEC. 1012. HOME INSTRUCTION PROGRAM FOR PRESCHOOL YOUNGSTERS.

    Subsection (b) of section 1052 of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 2742(b)) is amended by adding at the 
end the following new paragraph:
            ``(4)(A)(i) In any fiscal year in which this subsection 
        applies, each State that receives a grant under this part may 
        use not more than 20 percent of such grant funds in accordance 
        with this part (other than sections 1054(a), 1054(b), and 1055) 
        to pay the Federal share of the cost of establishing, 
        operating, or expanding a Home Instruction Program for 
        Preschool Youngsters that is not eligible to receive assistance 
        under this part due to the application of such sections.
            ``(ii) Each State establishing, operating or expanding a 
        Home Instruction Program for Preschool Youngsters pursuant to 
        clause (i) shall give priority to establishing, operating or 
        expanding, respectively, such a program that targets--
                    ``(I) working poor families or near poor families 
                that do not qualify for assistance under the early 
                childhood programs under the Head Start Act or this 
                chapter; and
                    ``(II) parents who have limited or unsuccessful 
                formal schooling.
            ``(B) For the purpose of carrying out subparagraph (A), a 
        Home Instruction Program for Preschool Youngsters that is not 
        eligible to receive assistance under this part due to the 
        application of sections 1054(a), 1054(b), and 1055 shall be 
        deemed to be an eligible entity.
            ``(C) For the purpose of this paragraph--
                    ``(i) the term `Home Instruction Program for 
                Preschool Youngsters' means a voluntary early-learning 
                program, for parents with one or more children between 
                age 3 through 5, inclusive, that--
                            ``(I) provides support, training, and 
                        appropriate educational materials, necessary 
                        for parents to implement a school-readiness, 
                        home instruction program for the child; and
                            ``(II) includes--
                                    ``(aa) group meetings with other 
                                parents participating in the program;
                                    ``(bb) individual and group 
                                learning experiences with the parent 
                                and child;
                                    ``(cc) provision of resource 
                                materials on child development and 
                                parent-child learning activities; and
                                    ``(dd) other activities that enable 
                                the parent to improve learning in the 
                                home;
                    ``(ii) the term `limited or unsuccessful formal 
                schooling' means the--
                            ``(I) completion of secondary school with 
                        low achievement during enrollment;
                            ``(II) noncompletion of secondary school 
                        with low achievement during enrollment; or
                            ``(III) lack of a certificate of graduation 
                        from a school providing secondary education or 
                        the recognized equivalent of such certificate;
                    ``(iii) the term `near poor families' means 
                families that have an income that is approximately 130 
                percent of the poverty line (as defined by the Office 
                of Management and Budget, and revised annually in 
                accordance with section 673(2) of the Community 
                Services Block Grant Act; and
                    ``(iv) the term `working poor families' means 
                families that--
                            ``(I) have family members--
                                    ``(aa) who are working; or
                                    ``(bb) who were looking for work 
                                during the 6 months prior to the date 
                                on which the determination is made; and
                            ``(II) earn an income not in excess of 150 
                        percent of the poverty line as described in 
                        clause (iii).''.

                       TITLE XI--GUN-FREE SCHOOLS

SEC. 1101. SHORT TITLE.

    This title may be cited as the ``Gun-Free Schools Act of 1994''.

SEC. 1102. GUN-FREE REQUIREMENTS IN ELEMENTARY AND SECONDARY SCHOOLS.

    The Elementary and Secondary Education Act of 1965 (20 U.S.C. 2701 
et seq.) is amended--
            (1) by redesignating title X as title IX;
            (2) by redesignating sections 8001 through 8005 as sections 
        9001 through 9005, respectively; and
            (3) by inserting after title VII the following new title:

                     ``TITLE VIII--GUN-FREE SCHOOLS

``SEC. 8001. GUN-FREE REQUIREMENTS.

    ``(a) Requirements.--
            ``(1) In general.--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 the agency except such policy may allow the 
        chief administering officer of the agency to modify such 
        expulsion requirement for a student on a case-by-case basis.
            ``(2) 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.
    ``(b) 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 (a); and
            ``(2) a description of the circumstances surrounding any 
        expulsions imposed under the policy required by subsection (a), 
        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 XII--ENVIRONMENTAL TOBACCO SMOKE

SEC. 1201. SHORT TITLE.

    This title may be cited as the ``Preventing Our Kids From Inhaling 
Deadly Smoke (PRO-KIDS) Act of 1994''.

SEC. 1202. FINDINGS.

    Congress finds that--
            (1) environmental tobacco smoke comes from secondhand smoke 
        exhaled by smokers and sidestream smoke emitted from the 
        burning of cigarettes, cigars, and pipes;
            (2) since citizens of the United States spend up to 90 
        percent of each day indoors, there is a significant potential 
        for exposure to environmental tobacco smoke from indoor air;
            (3) exposure to environmental tobacco smoke occurs in 
        schools, public buildings, and other indoor facilities;
            (4) recent scientific studies have concluded that exposure 
        to environmental tobacco smoke is a cause of lung cancer in 
        healthy nonsmokers and is responsible for acute and chronic 
        respiratory problems and other health impacts in sensitive 
        populations (including children);
            (5) the health risks posed by environmental tobacco smoke 
        exceed the risks posed by many environmental pollutants 
        regulated by the Environmental Protection Agency; and
            (6) according to information released by the Environmental 
        Protection Agency, environmental tobacco smoke results in a 
        loss to the economy of over $3,000,000,000 per year.

SEC. 1203. DEFINITIONS.

    As used in this title:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Children.--The term ``children'' means individuals who 
        have not attained the age of 18.
            (3) Children's services.--The term ``children's services'' 
        means services that are--
                    (A)(i) direct health services routinely provided to 
                children; or
                    (ii) any other direct services routinely provided 
                primarily to children, including educational services; 
                and
                    (B) funded, directly or indirectly, in whole or in 
                part, by Federal funds (including in-kind assistance).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.

SEC. 1204. NONSMOKING POLICY FOR CHILDREN'S SERVICES.

    (a) Issuance of Guidelines.--Not later than 180 days after the date 
of enactment of this Act, the Administrator shall issue guidelines for 
instituting and enforcing a nonsmoking policy at each indoor facility 
where children's services are provided.
    (b) Contents of Guidelines.--A nonsmoking policy that meets the 
requirements of the guidelines shall, at a minimum, prohibit smoking in 
each portion of an indoor facility where children's services are 
provided that is not ventilated separately (as defined by the 
Administrator) from other portions of the facility.

SEC. 1205. TECHNICAL ASSISTANCE.

    (a) In General.--The Administrator and the Secretary shall provide 
technical assistance to persons who provide children's services and 
other persons who request technical assistance.
    (b) Assistance by the Administrator.--The technical assistance 
provided by the Administrator under this section shall include 
information to assist persons in compliance with the requirements of 
this title.
    (c) Assistance by the Secretary.--The technical assistance provided 
by the Secretary under this section shall include information for 
employees on smoking cessation programs and on smoking and health 
issues.

SEC. 1206. FEDERALLY FUNDED PROGRAMS.

    (a) In General.--Notwithstanding any other provision of law, each 
person who provides children's services shall establish and make a 
good-faith effort to enforce a nonsmoking policy that meets or exceeds 
the requirements of subsection (b).
    (b) Nonsmoking Policy.--
            (1) General requirements.--A nonsmoking policy meets the 
        requirements of this subsection if the policy--
                    (A) is consistent with the guidelines issued under 
                section 1204(a);
                    (B) prohibits smoking in each portion of an indoor 
                facility used in connection with the provision of 
                services directly to children; and
                    (C) where appropriate, requires that signs stating 
                that smoking is not permitted be posted in each indoor 
                facility to communicate the policy.
            (2) Permissible features.--A nonsmoking policy that meets 
        the requirements of this subsection may allow smoking in those 
        portions of the facility--
                    (A) in which services are not normally provided 
                directly to children; and
                    (B) that are ventilated separately from those 
                portions of the facility in which services are normally 
                provided directly to children.
    (c) Waiver.--
            (1) In general.--A person described in subsection (a) may 
        publicly petition the head of the Federal agency from which the 
        person receives Federal funds (including financial assistance) 
        for a waiver from any or all of the requirements of subsection 
        (b).
            (2) Conditions for granting a waiver.--Except as provided 
        in paragraph (3), the head of the Federal agency may grant a 
        waiver only--
                    (A) after consulting with the Administrator, and 
                receiving the concurrence of the Administrator;
                    (B) after giving an opportunity for public hearing 
                (at the main office of the Federal agency or at any 
                regional office of the agency) and comment; and
                    (C) if the person requesting the waiver provides 
                assurances that are satisfactory to the head of the 
                Federal agency (with the concurrence of the 
                Administrator) that--
                            (i) unusual extenuating circumstances 
                        prevent the person from establishing or 
                        enforcing the nonsmoking policy (or a 
                        requirement under the policy) referred to in 
                        subsection (b) (including a case in which the 
                        person shares space in an indoor facility with 
                        another entity and cannot obtain an agreement 
                        with the other entity to abide by the 
                        nonsmoking policy requirement) and the person 
                        will establish and make a good-faith effort to 
                        enforce an alternative nonsmoking policy (or 
                        alternative requirement under the policy) that 
                        will protect children from exposure to 
                        environmental tobacco smoke to the maximum 
                        extent possible; or
                            (ii) the person requesting the waiver will 
                        establish and make a good-faith effort to 
                        enforce an alternative nonsmoking policy (or 
                        alternative requirement under the policy) that 
                        will protect children from exposure to 
                        environmental tobacco smoke to the same degree 
                        as the policy (or requirement) under subsection 
                        (b).
            (3) Special waiver.--
                    (A) In general.--On receipt of an application, the 
                head of the Federal agency may grant a special waiver 
                to a person described in subsection (a) who employs 
                individuals who are members of a labor organization and 
                provide children's services pursuant to a collective 
                bargaining agreement that--
                            (i) took effect before the date of 
                        enactment of this Act; and
                            (ii) includes provisions relating to 
                        smoking privileges that are in violation of the 
                        requirements of this section.
                    (B) Termination of waiver.--A special waiver 
                granted under this paragraph shall terminate on the 
                earlier of--
                            (i) the first expiration date (after the 
                        date of enactment of this Act) of the 
                        collective bargaining agreement containing the 
                        provisions relating to smoking privileges; or
                            (ii) the date that is 1 year after the date 
                        specified in subsection (f).
    (d) Civil Penalties.--
            (1) In general.--Any person subject to the requirements of 
        this section who fails to comply with the requirements shall be 
        liable to the United States for a civil penalty in an amount 
        not to exceed $1,000 for each violation, but in no case shall 
        the amount be in excess of the amount of Federal funds received 
        by the person for the fiscal year in which the violation 
        occurred for the provision of children's services. Each day a 
        violation continues shall constitute a separate violation.
            (2) Assessment.--A civil penalty for a violation of this 
        section shall be assessed by the head of the Federal agency 
        that provided Federal funds (including financial assistance) to 
        the person (or if the head of the Federal agency does not have 
        the authority to issue an order, the appropriate official) by 
        an order made on the record after opportunity for a hearing in 
        accordance with section 554 of title 5, United States Code. 
        Before issuing the order, the head of the Federal agency (or 
        the appropriate official) shall--
                    (A) give written notice to the person to be 
                assessed a civil penalty under the order of the 
                proposal to issue the order; and
                    (B) provide the person an opportunity to request, 
                not later than 15 days after the date of receipt of the 
                notice, a hearing on the order.
            (3) Amount of civil penalty.--In determining the amount of 
        a civil penalty under this subsection, the head of the Federal 
        agency (or the appropriate official) shall take into account--
                    (A) the nature, circumstances, extent, and gravity 
                of the violation;
                    (B) with respect to the violator, the ability to 
                pay, the effect of the penalty on the ability to 
                continue operation, any prior history of the same kind 
                of violation, the degree of culpability, and a 
                demonstration of willingness to comply with the 
                requirements of this title; and
                    (C) such other matters as justice may require.
            (4) Modification.--The head of the Federal agency (or the 
        appropriate official) may compromise, modify, or remit, with or 
        without conditions, any civil penalty that may be imposed under 
        this subsection. The amount of the penalty as finally 
        determined or agreed upon in compromise may be deducted from 
        any sums that the United States owes to the person against whom 
        the penalty is assessed.
            (5) Petition for review.--A person who has requested a 
        hearing concerning the assessment of a penalty pursuant to 
        paragraph (2) and is aggrieved by an order assessing a civil 
        penalty may file a petition for judicial review of the order 
        with the United States Court of Appeals for the District of 
        Columbia Circuit or for any other circuit in which the person 
        resides or transacts business. The petition may only be filed 
        during the 30-day period beginning on the date of issuance of 
        the order making the assessment.
            (6) Failure to pay.--If a person fails to pay an assessment 
        of a civil penalty--
                    (A) after the order making the assessment has 
                become a final order and without filing a petition for 
                judicial review in accordance with paragraph (5); or
                    (B) after a court has entered a final judgment in 
                favor of the head of the Federal agency (or appropriate 
                official),
        the Attorney General shall recover the amount assessed (plus 
        interest at then currently prevailing rates from the last day 
        of the 30-day period referred to in paragraph (5) or the date 
        of the final judgment, as the case may be) in an action brought 
        in an appropriate district court of the United States. In the 
        action, the validity, amount, and appropriateness of the 
        penalty shall not be subject to review.
    (e) Exemption.--This section shall not apply to a person who 
provides children's services who--
            (1) has attained the age of 18;
            (2) provides children's services--
                    (A) in a private residence; and
                    (B) only to children who are, by affinity or 
                consanguinity, or by court decree, a grandchild, niece, 
                or nephew of the provider; and
            (3) is registered and complies with any State requirements 
        that govern the children's services provided.
    (f) Effective Date.--This section shall take effect on the first 
day of the first fiscal year beginning after the date of enactment of 
this Act.

SEC. 1207. REPORT BY THE ADMINISTRATOR.

    Not later than 2 years after the date of enactment of this Act, the 
Administrator shall submit a report to Congress that includes--
            (1) information concerning the degree of compliance with 
        this title; and
            (2) an assessment of the legal status of smoking in public 
        places.

SEC. 1208. PREEMPTION.

    Nothing in this title is intended to preempt any provision of law 
of a State or political subdivision of a State that is more restrictive 
than a provision of this title.

            Attest:

                                                             Secretary.

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HR 1804 PP----27
HR 1804 PP----28
HR 1804 PP----29
HR 1804 PP----30
HR 1804 PP----31
HR 1804 PP----32
HR 1804 PP----33
```