H. R. 6—535
nologies, and in the high-quality, competitively priced produc-
tion of goods and services, will lead in economic growth, employ-
ment, and high living standards.
(2) While the United States remains the world leader in
science and invention, it has not done well in rapidly making
the transition from achievement in its research laboratories
to high-quality, competitively priced production of goods and
services. This lag and the unprecedented competitive challenge
that the United States has faced from abroad have contributed
to a drop in real wages and living standards.
(3) Companies that are successfully competitive in the rapid
development, commercialization, application, and implementa-
tion of advanced technologies, and in the successful delivery
of goods and services, recognize that worker participation and
labor-management cooperation in the deployment, application,
and implementation of advanced workplace technologies make
an important contribution to high-quality, competitively priced
production of goods and services and in maintaining and
improving real wages for workers.
(4) The Federal Government has an important role in
encouraging and augmenting private sector efforts relating to
the development, application, manufacture, and deployment of
new and advanced technologies. The role should be to—
(A) work with private companies, States, worker
organizations, nonprofit organizations, and institutions of
higher education to ensure the development, application,
production, and implementation of new and advanced tech-
nologies to promote the improvement of workers’ skills,
wages, job security, and working conditions, and a healthy
environment;
(B) encourage worker and worker organization partici-
pation in the development, commercialization, evaluation,
selection, application, and implementation of new and
advanced technologies in the workplace; and
(C) promote the use and integration of new and
advanced technologies in the workplace that enhance work-
ers’ skills.
(5) In working with the private sector to promote the
technological leadership and economic growth of the United
States, the Federal Government has a responsibility to ensure
that Federal technology programs help the United States to
remain competitive and to maintain and improve living stand-
ards and to create and retain secure jobs in economically stable
communities.
SEC. 543. PURPOSES.
The purposes of this part are to—
(1) improve the ability of workers and worker organizations
to recognize, develop, assess, and improve strategies for success-
fully integrating workers and worker organizations into the
process of evaluating, selecting, and implementing advanced
workplace technologies, and advanced workplace practices in
a manner that creates and maintains stable well-paying jobs
for workers; and
(2) assist workers and worker organizations in developing
the expertise necessary for effective participation with employ-
ers in the development of strategies and programs for the
H. R. 6—536
successful 
evaluation, 
selection, 
and 
implementation 
of
advanced workplace technologies and advanced workplace prac-
tices through the provision of a range of education, training,
and related services.
SEC. 544. DEFINITIONS.
As used in this part:
(1) ADVANCED WORKPLACE PRACTICES.—The term ‘‘advanced
workplace practices’’ means innovations in work organization
and performance, including high-performance workplace sys-
tems, flexible production techniques, quality programs, continu-
ous improvement, concurrent engineering, close relationships
between suppliers and customers, widely diffused decisionmak-
ing and work teams, and effective integration of production
technology, worker skills and training, and workplace organiza-
tion, and such other characteristics as determined appropriate
by the Secretary of Labor, in consultation with the Secretary
of Commerce.
(2) ADVANCED
WORKPLACE
TECHNOLOGIES.—The term
‘‘advanced workplace technologies’’ includes—
(A) numerically controlled machine tools, robots, auto-
mated process control equipment, computerized flexible
manufacturing systems, associated computer software, and
other technology for improving the manufacturing and
industrial production of goods and commercial services,
which advance the state-of-the-art; or
(B) novel industrial and commercial techniques and
processes not previously generally available that improve
quality, productivity, and practices, including engineering
design, quality assurance, concurrent engineering, continu-
ous process production technology, inventory management,
upgraded worker skills, communications with customers
and suppliers, and promotion of sustainable economic
growth.
(3) DEPARTMENT.—The term ‘‘Department’’ means the
Department of Labor.
(4) 
NONPROFIT
ORGANIZATION.—The 
term 
‘‘nonprofit
organization’’ means a tax-exempt organization, as described
in paragraph (3), (4), or (5) of section 501(c) of the Internal
Revenue Code of 1986.
(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Labor.
(6) WORKER ORGANIZATION.—The term ‘‘worker organiza-
tion’’ means a labor organization within the meaning of section
501(c)(5) of the Internal Revenue Code of 1986.
SEC. 545. GRANTS.
(a) IN GENERAL.—The Secretary of Labor, after consultation
with the Secretary of Commerce, shall, to the extent appropriations
are available, award grants to eligible entities to carry out the
purposes described in section 543.
(b) ELIGIBILITY.—To be eligible to receive a grant under this
section, an entity shall—
(1) be a nonprofit organization, or a partnership consortium
of such organizations;
(2) prepare and submit to the Secretary an application
at such time, in such manner, and containing such information
as the Secretary may require, including a description of the
H. R. 6—537
activities that the entity will carry out using amounts received
under the grant; and
(3) agree to make available (directly or through donations
from public or private entities) non-Federal contributions
toward the costs of the activities to be conducted with grant
funds, in an amount equal to the amount required under sub-
section (d).
(c) USE OF AMOUNTS.—An entity shall use amounts received
under a grant awarded under this section to carry out the purposes
described in section 543 through activities such as—
(1) the provision of technical assistance to workers, worker
organizations, employers, State economic development agencies,
State industrial extension programs, Advanced Technology Cen-
ters, and National Manufacturing Technology Centers to iden-
tify advanced workplace practices and strategies that enhance
the effective evaluation, selection, and implementation of
advanced workplace technologies;
(2) the researching and identification of new and advanced
workplace technologies, and advanced workplace practices that
promote the improvement of workers’ skills, wages, working
conditions, and job security, that research the link between
advanced workplace practices and long-term corporate perform-
ance, and which are consistent with the needs of local commu-
nities and the need for a healthy environment; and
(3) the development and dissemination of training programs
and materials to be used for and by workers, worker organiza-
tions, employers, State economic development agencies, State
industrial extension programs, Advanced Technology Centers,
and National Manufacturing Technology Centers relating to
the activities and services provided pursuant to paragraphs
(1) and (2), and regarding successful practices including prac-
tices which address labor-management cooperation and the
involvement of workers in the design, development, and
implementation of workplace practices and technologies.
(d) TERMS OF GRANTS AND NON-FEDERAL SHARES.—
(1) TERMS.—Grants awarded under this section shall be
for a term not to exceed six years.
(2) NON-FEDERAL SHARE.—Amounts required to be contrib-
uted by an entity under subsection (b)(3) shall equal—
(A) an amount equal to 15 percent of the amount
provided under the grant in the first year for which the
grant is awarded;
(B) an amount equal to 20 percent of the amount
provided under the grant in the second year for which
the grant is awarded;
(C) an amount equal to 33 percent of the amount
provided under the grant in the third year for which the
grant is awarded;
(D) an amount equal to 40 percent of the amount
provided under the grant in the fourth year for which
the grant is awarded; and
(E) an amount equal to 50 percent of the amount
provided under the grant in the fifth and sixth years for
which the grant is awarded.
(e) EVALUATION.—The Department shall develop mechanisms
for evaluating the effectiveness of the use of a grant awarded
under this section in carrying out the purposes under section 543
H. R. 6—538
and, not later than two years after the date of enactment of this
Act, and every two years thereafter, prepare and submit a report
to Congress concerning such evaluation.
SEC. 546. IDENTIFICATION AND DISSEMINATION OF BEST PRACTICES.
(a) IN GENERAL.—
(1) INFORMATION.—The Secretary, in cooperation and after
consultation with the Secretary of Commerce, shall assist work-
ers, worker organizations, and employers in successfully adopt-
ing advanced workplace technologies, and advanced workplace
practices by identifying, collecting, and disseminating informa-
tion on best workplace practices and workplace assessment
tools, including—
(A) methods, techniques, and successful models of
labor-management cooperation and of worker and worker
organization participation in the development, evaluation,
selection, and implementation of new and advanced work-
place technologies, and advanced workplace practices;
(B) methods, techniques, and successful models for the
design and implementation of new and advanced workplace
practices;
(C) methods, techniques, and successful models for the
design and implementation of advanced forms of work
organization; and
(D) methods, techniques, and successful models for the
assessment of worker skills and training needs relating
to the effective development, evaluation, selection, and
implementation of advanced workplace technologies, and
advanced workplace practices.
(2) CONTENTS.—Such information on best workplace prac-
tices shall include—
(A) summaries and analyses of best practice cases;
(B) criteria for assessment of current workplace prac-
tices; and
(C) information on the best available education and
training materials and services relating to the development,
implementation, and operation of systems utilizing new
and advanced workplace technologies, and advanced work-
place practices.
(b) DISTRIBUTION.—The information and materials developed
under this section shall be distributed through an appropriate entity
designated by the Secretary of Commerce to the Regional Centers
for the Transfer of Manufacturing Technology, to the Manufacturing
Outreach Center, to other technology training entities, and directly
to others as determined appropriate by the Secretary of Labor
and the Secretary of Commerce.
SEC. 547. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There are authorized to be appropriated to
carry out this part such sums as may be necessary for each of
the fiscal years 1995 through 1997.
(b) AVAILABILITY.—Amounts appropriated under subsection (a)
shall remain available until expended.
H. R. 6—539
PART E—MULTIETHNIC PLACEMENT
Subpart 1—Multiethnic Placement
SEC. 551. SHORT TITLE.
This subpart may be cited as the ‘‘Howard M. Metzenbaum
Multiethnic Placement Act of 1994’’.
SEC. 552. FINDINGS AND PURPOSE.
(a) FINDINGS.—The Congress finds that—
(1) nearly 500,000 children are in foster care in the United
States;
(2) tens of thousands of children in foster care are waiting
for adoption;
(3) 2 years and 8 months is the median length of time
that children wait to be adopted;
(4) child welfare agencies should work to eliminate racial,
ethnic, and national origin discrimination and bias in adoption
and foster care recruitment, selection, and placement proce-
dures; and
(5) active, creative, and diligent efforts are needed to recruit
foster and adoptive parents of every race, ethnicity, and culture
in order to facilitate the placement of children in foster and
adoptive homes which will best meet each child’s needs.
(b) PURPOSE.—It is the purpose of this subpart to promote
the best interests of children by—
(1) decreasing the length of time that children wait to
be adopted;
(2) preventing discrimination in the placement of children
on the basis of race, color, or national origin; and
(3) facilitating the identification and recruitment of foster
and adoptive families that can meet children’s needs.
SEC. 553. MULTIETHNIC PLACEMENTS.
(a) ACTIVITIES.—
(1) PROHIBITION.—An agency, or entity, that receives Fed-
eral assistance and is involved in adoption or foster care place-
ments may not—
(A) categorically deny to any person the opportunity
to become an adoptive or a foster parent, solely on the
basis of the race, color, or national origin of the adoptive
or foster parent, or the child, involved; or
(B) delay or deny the placement of a child for adoption
or into foster care, or otherwise discriminate in making
a placement decision, solely on the basis of the race, color,
or national origin of the adoptive or foster parent, or the
child, involved.
(2) PERMISSIBLE CONSIDERATION.—An agency or entity to
which paragraph (1) applies may consider the cultural, ethnic,
or racial background of the child and the capacity of the
prospective foster or adoptive parents to meet the needs of
a child of this background as one of a number of factors used
to determine the best interests of a child.
(3) DEFINITION.—As used in this subsection, the term
‘‘placement decision’’ means the decision to place, or to delay
or deny the placement of, a child in a foster care or an adoptive
home, and includes the decision of the agency or entity involved
H. R. 6—540
to seek the termination of birth parent rights or otherwise
make a child legally available for adoptive placement.
(b) EQUITABLE RELIEF.—Any individual who is aggrieved by
an action in violation of subsection (a), taken by an agency or
entity described in subsection (a), shall have the right to bring
an action seeking relief in a United States district court of appro-
priate jurisdiction.
(c) FEDERAL GUIDANCE.—Not later than 6 months after the
date of the enactment of this Act, the Secretary of Health and
Human Services shall publish guidance to concerned public and
private agencies and entities with respect to compliance with this
subpart.
(d) DEADLINE FOR COMPLIANCE.—
(1) IN GENERAL.—Except as provided in paragraph (2), an
agency or entity that receives Federal assistance and is involved
with adoption or foster care placements shall comply with this
subpart not later than six months after publication of the
guidance referred to in subsection (c), or one year after the
date of enactment of this Act, whichever occurs first.
(2) AUTHORITY
TO
EXTEND
DEADLINE.—If a State dem-
onstrates to the satisfaction of the Secretary that it is necessary
to amend State statutory law in order to change a particular
practice that is inconsistent with this subpart, the Secretary
may extend the compliance date for the State a reasonable
number of days after the close of the first State legislative
session beginning after the date the guidance referred to in
subsection (c) is published.
(e) NONCOMPLIANCE DEEMED A CIVIL RIGHTS VIOLATION.—Non-
compliance with this subpart is deemed a violation of title VI
of the Civil Rights Act of 1964.
(f) NO EFFECT
ON INDIAN CHILD WELFARE ACT
OF 1978.—
Nothing in this section shall be construed to affect the application
of the Indian Child Welfare Act of 1978 (25 U.S.C. 1901 et seq.).
SEC. 554. REQUIRED RECRUITMENT EFFORTS FOR CHILD WELFARE
SERVICES PROGRAMS.
Section 422(b) of the Social Security Act (42 U.S.C. 622(b))
is amended—
(1) by striking ‘‘and’’ at the end of paragraph (7);
(2) by striking the period at the end of paragraph (8)
and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(9) provide for the diligent recruitment of potential foster
and adoptive families that reflect the ethnic and racial diversity
of children in the State for whom foster and adoptive homes
are needed.’’.
Subpart 2—Other Provision
SEC. 555. EFFECT OF FAILURE TO CARRY OUT STATE PLAN.
(a) IN GENERAL.—Part A of title XI of the Social Security
Act (42 U.S.C. 1301–1320b–13) is amended by inserting after section
1122 the following:
‘‘SEC. 1123. EFFECT OF FAILURE TO CARRY OUT STATE PLAN.
‘‘In an action brought to enforce a provision of the Social Secu-
rity Act, such provision is not to be deemed unenforceable because
of its inclusion in a section of the Act requiring a State plan
H. R. 6—541
or specifying the required contents of a State plan. This section
is not intended to limit or expand the grounds for determining
the availability of private actions to enforce State plan requirements
other than by overturning any such grounds applied in Suter v.
Artist M., 112 S. Ct. 1360 (1992), but not applied in prior Supreme
Court decisions respecting such enforceability; provided, however,
that this section is not intended to alter the holding in Suter
v. Artist M. that section 471(a)(15) of the Act is not enforceable
in a private right of action.
(b) APPLICABILITY.—The amendment made by subsection (a)
shall apply to actions pending on the date of the enactment of
this Act and to actions brought on or after such date of enactment.
PART F—MISCELLANEOUS
SEC. 561. BUDGET COMPLIANCE.
Any authority or requirement to make funds available under
this Act shall be effective only to the extent provided in appropria-
tions Acts.
SEC. 562. DOCUMENTS TRANSMITTED TO CONGRESS.
In documents transmitted to Congress explaining the Presi-
dent’s budget request for the Special Education account, the Depart-
ment of Education shall display amounts included in the request
to reflect the incorporation of the program for children with disabil-
ities under part D of chapter 1 of title I of the Elementary and
Secondary Education Act of 1965 (as such part was in effect on
the day preceding the date of enactment of the Improving America’s
Schools Act of 1994).
SEC. 563. VOCATIONAL EDUCATION REGULATIONS.
(a) IN GENERAL.—Notwithstanding any other provision of law,
beginning on the date of enactment of this Act, and ending on
the date of enactment of an Act reauthorizing the Carl D. Perkins
Vocational and Applied Technology Education Act (20 U.S.C. 2301
et seq.) the Department of Education’s interpretation of the Carl
D. Perkins Vocational and Applied Technology Act relating to—
(1) the access or participation of members of special popu-
lations in vocational education, including the provision of
supplementary services and the cost of such services; and
(2) the conduct of local evaluations,
that are contained in the final regulations published in the Federal
Register on August 14, 1992, shall remain in effect.
(b) SPECIAL RULE.—The Secretary of Education may not issue
additional regulations concerning the final regulations described
in subsection (a).
SEC. 564. RATE OF PAY FOR THE DEPUTY DIRECTOR OF THE
NATIONAL INSTITUTE ON DISABILITY AND REHABILITA-
TION RESEARCH.
Notwithstanding section 202(c)(2) of the Rehabilitation Act of
1973 (29 U.S.C. 761a(c)(2)), the Secretary of Education is authorized
to compensate any individual appointed during calendar year 1994
to be the Deputy Director of the National Institute on Disability
and Rehabilitation Research at the rate of basic pay for a position
at ES–5 of the Senior Executive Service Schedule.
H. R. 6—542
SEC. 565. STUDY.
The Secretary of the Interior shall conduct a study, in consulta-
tion with the board of regents of the Haskell Indian Junior College
to evaluate the possible need for alternative institutional and
administrative systems at Haskell Indian Junior College to support
the transition of such college to a four year university. If the
study’s conclusions require legislation to be implemented, the study
shall be accompanied by appropriate draft legislation. Such study
shall be transmitted to the Committee on Indian Affairs of the
Senate and the Committee on Education and Labor of the House
of Representatives by June 1, 1995.
SEC. 566. THERAPEUTIC MODEL DEMONSTRATION SCHOOLS.
(a) AUTHORIZATION.—
(1) IN
GENERAL.—The Secretary of the Interior, acting
through the Bureau of Indian Affairs, is authorized to establish
demonstration schools, based on the therapeutic model
described in this section, to provide services necessary to
achieve positive changes in the attitudes, behavior, and aca-
demic performance of Indian youth attending off-reservation
boarding schools.
(2) PURPOSE.—The purpose of the therapeutic model dem-
onstration schools is—
(A) to provide a program, based on an annual written
plan, linking clinicians, counselors, and mental health
professionals with academic program personnel in a cul-
turally sensitive residential program tailored to the particu-
lar needs of Indian students;
(B) to provide for a continued evaluation of the plan-
ning and implementation of the therapeutic model in the
designated schools; and
(C) to determine what steps the Bureau of Indian
Affairs must take and what resources are required to trans-
form existing off-reservation boarding schools to meet the
needs of chemically dependent, emotionally disturbed,
socially troubled, or other at-risk Indian youth who attend
such schools.
(b) LOCATION.—The Secretary shall initiate the therapeutic
model at two schools during school years 1994 through 1996, and
shall give priority to—
(1) one school that is the recipient of a grant under section
5204 of the August F. Hawkins-Robert T. Stafford Elementary
and Secondary School Improvement Amendments of 1988 dur-
ing the 1994–1995 school year; and
(2) one school operated by the Bureau of Indian Affairs
during the 1995–1996 school year.
(c) SERVICES.—The demonstration schools shall provide an
integrated residential environment that may include—
(1) mental health services;
(2) education;
(3) recreation therapy;
(4) social service programs;
(5) substance abuse education and prevention; and
(6) other support services for aftercare.
(d) STAFFING.—The demonstration schools shall be staffed with
health and social service professionals, and educators, and may
include—
H. R. 6—543
(1) clinical psychologists;
(2) child psychologists;
(3) substance abuse counselors;
(4) social workers; and
(5) health educators.
(e) ENROLLMENT.—Notwithstanding any other provision of law,
the Secretary of the Interior may limit the enrollment at the dem-
onstration schools.
(f) ASSISTANCE.—The Secretary is authorized to enter into
agreements with other organizations and agencies, including the
Indian Health Service, to carry out this section.
(g) REPORT.—Not later than July 31 of each year, the Secretary
of the Interior shall submit a report to the Committee on Indian
Affairs of the Senate and the Committee on Education and Labor
of the House of Representatives on the progress of the Department
of the Interior in the development of the demonstration schools.
SEC. 567. IMPACT AID WAIVER.
In carrying out section 14(c) of the Act of September 23, 1950
(Public Law 815, 81st Congress) (20 U.S.C. 644(c)) the Secretary
shall waive any amount of local effort in excess of $200,000 that
would otherwise be required under paragraphs (3) and (4) of such
section and any regulations issued thereunder, in awarding funds
to the Winona R–III School District, Missouri, with respect to
its application #MO–86–C–3601A36.
SEC. 568. APPLICATION OF THE ANTITRUST LAWS TO AWARD OF
NEED-BASED EDUCATIONAL AID.
(a) TEMPORARY EXEMPTION.—It shall not be unlawful under
the antitrust laws for 2 or more institutions of higher education
at which all students admitted are admitted on a need-blind basis,
to agree or attempt to agree—
(1) to award such students financial aid only on the basis
of demonstrated financial need for such aid;
(2) to use common principles of analysis for determining
the need of such students for financial aid if the agreement
to use such principles does not restrict financial aid officers
at such institutions in their exercising independent professional
judgment with respect to individual applicants for such finan-
cial aid;
(3) to use a common aid application form for need-based
financial aid for such students if the agreement to use such
form does not restrict such institutions in their requesting
from such students, or in their using, data in addition to
the data requested on such form; or
(4) to exchange through an independent third party, before
awarding need-based financial aid to any of such students
who is commonly admitted to the institutions of higher edu-
cation involved, data with respect to the student so admitted
and the student’s family relating to assets, income, expenses,
the number of family members, and the number of the student’s
siblings in college, if each of such institutions is permitted
to retrieve such data only once with respect to the student.
(b) LIMITATIONS.—Subsection (a) shall not apply with respect
to—
(1) any financial aid or assistance authorized by the Higher
Education Act of 1965 (20 U.S.C. 1001 et seq.); or