H. R. 1804—138
(C) document delivery by mail and facsimile trans-
mission;
(D) research counseling, bibliographic instruction, and
other training services;
(E) interlibrary loan services; and
(F) selective dissemination of information services.
(2) PRIORITY.—The Library shall first give priority in the
provision of reference services to requests made by employees
of the Department of Education.
(f) COOPERATION AND RESOURCE SHARING.—The Library shall
promote greater cooperation and resource sharing among libraries
and archives with significant collections in the area of education
through means such as—
(1) the establishment of information and resource sharing
networks among such entities;
(2) the development of a national union list of education
journals held by education libraries throughout the United
States;
(3) the development of directories and indexes to textbook
and other specialized collections held by education libraries
throughout the United States; and
(4) cooperative efforts to preserve, maintain and promote
access to items of special historical value or interest.
(g) ADMINISTRATION.—The Library shall be administered by
an Executive Director who shall—
(1) be appointed by the Assistant Secretary from among
persons with significant training or experience in library and
information science; and
(2) be paid at not less than the minimum rate of basic
pay payable for GS–15 of the General Schedule.
(h) TASK FORCE.—
(1) IN
GENERAL.—The Assistant Secretary shall appoint
a task force of librarians, scholars, teachers, parents, and school
leaders (hereafter in this paragraph referred to as the ‘‘Task
Force’’) to provide advice on the establishment of the Library.
(2) PREPARATION OF PLAN.—The Task Force shall prepare
a workable plan to establish the Library and to implement
the requirements of this section.
(3) CERTAIN AUTHORITIES.—The Task Force may identify
other activities and functions for the Library to carry out,
except that such functions shall not be carried out until the
Library is established and has implemented the requirements
of this section.
(4) REPORT.—The Task Force shall prepare and submit
to the Assistant Secretary not later than 6 months after the
first meeting of the Task Force a report on the activities of
the Library.
(i) TRANSFER
OF FUNCTIONS.—There are hereby transferred
to the Library all functions of—
(1) the Department of Education Research Library;
(2) the Department of Education Reference Section; and
(3) the Department of Education Information Branch.
(j) COLLECTION DEVELOPMENT POLICY.—Not later than 180 days
after the date of the enactment of this title, the Assistant Secretary
shall promulgate a comprehensive collection development policy
to govern the Library’s operations, acquisitions, and services to
users. Such collection development policy shall—
H. R. 1804—139
(1) be consistent with the functions of the Library described
in subsection (b);
(2) emphasize the acquisition and maintenance of a com-
prehensive collection of reference materials; and
(3) avoid unnecessary duplication by putting a priority
on meeting the information needs of the Library’s users through
cooperation and resource-sharing with other entities with
significant collections in the field of education.
(k) ARREARAGE AND PRESERVATION.—On the basis of the collec-
tion development policy promulgated under subsection (j), the
Executive Director shall develop a multiyear plan which shall set
forth goals and priorities for actions needed to—
(1) eliminate within 3 years the arrearage of uncataloged
books and other materials in the Library’s collections; and
(2) respond effectively and systematically to the preserva-
tion needs of the Library’s collections, relying, whenever pos-
sible, upon cooperative efforts with other institutions to
preserve and maintain the usability of books and materials
in the Library’s collections.
PART F—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’’.
PART G—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).
PART H—FIELD READERS
SEC. 981. 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:
H. R. 1804—140
‘‘(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 I—AMENDMENTS TO THE CARL D. PER-
KINS 
VOCATIONAL 
AND 
APPLIED 
TECH-
NOLOGY EDUCATION ACT
SEC. 991. 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 ‘‘(includ-
ing 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 redesig-
nated 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 Part-
nership Act’’;
(3) by redesignating subsection (d) as subsection (e); and
(4) by inserting after subsection (c) the following new sub-
section:
‘‘(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.’’.
H. R. 1804—141
TITLE X—MISCELLANEOUS
PART A—MISCELLANEOUS PROVISIONS
SEC. 1011. SCHOOL PRAYER.
No funds authorized to be appropriated under this Act may
be used by any State or local educational agency to adopt policies
that prevent voluntary prayer and meditation in public schools.
SEC. 1012. FUNDING FOR THE INDIVIDUALS WITH DISABILITIES EDU-
CATION ACT.
(a) FINDINGS.—The Congress finds that—
(1) the Individuals with Disabilities Education Act was
established with the commitment of forty percent Federal fund-
ing 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) SENSE OF CONGRESS.—It is the sense of the Congress 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 noneducation funds within the current budget mone-
tary constraints.
SEC. 1013. NATIONAL BOARD FOR PROFESSIONAL TEACHING STAND-
ARDS.
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 finan-
cial assistance.
‘‘(2) NON-FEDERAL CONTRIBUTIONS.—The non-Federal con-
tributions 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.’’.
H. R. 1804—142
SEC. 1014. 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) SPECIAL RULE.—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. 1015. 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 shall make appropriate
arrangements with the National Academy of Sciences or the
National Academy of Education to conduct a comprehensive
study of the inclusion of children with disabilities in school
reform activities assisted under the Goals 2000: Educate Amer-
ica Act.
(2) DEFINITION.—For purposes of this section, the term
‘‘children with disabilities’’ has the same meaning given such
term in section 602 of the Individuals with Disabilities Edu-
cation Act.
(b) STUDY COMPONENTS.—The study conducted under sub-
section (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 examina-
tion 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 ade-
quately address the needs of children with disabilities;
(4) the relation of the Goals 2000: Educate America Act
to other Federal laws governing or affecting the education
of children with disabilities; and
H. R. 1804—143
(5) such other issues as the National Academy of Sciences
or the National Academy of Education considers appropriate.
(c) STUDY PANEL MEMBERSHIP.—Any panel constituted in fur-
therance of the study to be conducted under subsection (a) shall
include consumer representatives.
(d) FINDINGS
AND RECOMMENDATIONS.—The Secretary shall
request the National Academy of Sciences or the National Academy
of Education to submit an interim report of its findings and rec-
ommendations 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 funds appropriated to the Secretary for
research related to individuals with disabilities 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 avail-
able until expended.
SEC. 1016. 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 (20 U.S.C.
1632(a)) is amended by inserting ‘‘academic enrichment’’ after
‘‘remedial education,’’.
(2) REQUIRED SERVICES AND DESIGN.—(A) Subsection (c)
of such section 253 of the Job Training Partnership Act (20
U.S.C. 1632(c)) 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 Train-
ing.
‘‘(4) INTEGRATION OF WORK AND LEARNING.—
‘‘(A) WORK
EXPERIENCE.—Work experience provided
under this part, to the extent feasible, shall include contex-
tual learning opportunities which integrate the develop-
ment of general competencies with the development of
academic skills.
‘‘(B) CLASSROOM
TRAINING.—Classroom training pro-
vided 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 (20
U.S.C. 1632) 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 link-
ages with the appropriate educational agencies responsible for serv-
ice 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.’’.
H. R. 1804—144
(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. 1017. PROTECTION OF PUPILS.
Section 439 of the General Education Provisions Act (20 U.S.C.
1232g) 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 finan-
cial 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 viola-
tions of the rights established under this section.’’.
SEC. 1018. CONTRACEPTIVE DEVICES.
The Department of Health and Human Services and the Depart-
ment of Education shall ensure that all federally funded programs
H. R. 1804—145
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. 1019. ASSESSMENTS.
(a) TITLE II.—No funds provided under title II of this Act
shall be used to develop or undertake assessments that will be
used to make decisions regarding the graduation, grade promotion,
or retention of students for 5 years after the date of enactment
of this Act.
(b) TITLE III.—Assessments developed with funds under title
III of this Act may be used for decisions regarding graduation,
grade promotion, or retention of students only on the condition
that students have been prepared in the content for which the
students are being assessed.
SEC. 1020. 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. 1021. ASSESSMENT OF EDUCATIONAL PROGRESS ACTIVITIES.
Section 421(h) of the Carl D. Perkins Vocational and Applied
Technology Education Act (20 U.S.C. 2421(h)) is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(h)’’; and
(2) by inserting at the end the following:
‘‘(2)(A) Notwithstanding any provision of section 406 of the
General Education Provisions Act, the Commissioner of Education
Statistics may authorize a State educational agency or a consortium
of such agencies to use items and data from the National Assess-
ment of Educational Progress for the purpose of evaluating a course
of study related to vocational education, if the Commissioner has
determined, in writing, that such use will not—
‘‘(i) result in the identification of characteristics or perform-
ance of individual students or schools;
‘‘(ii) result in the ranking or comparing of schools or local
educational agencies;
‘‘(iii) be used to evaluate the performance of teachers, prin-
cipals, or other local educators for the purpose of dispensing
rewards or punishments; or
‘‘(iv) corrupt or harm the use and value of data collected
for the National Assessment of Educational Progress.
‘‘(B) Not later than 60 days after making an authorization
under subsection (a), the Commissioner shall submit to the Commit-
tee on Education and Labor of the House of Representatives and
to the Committee on Labor and Human Resources of the Senate,
a report which contains—
‘‘(i) a copy of the request for such authorization;
‘‘(ii) a copy of the written determination under subsection
(a); and
‘‘(iii) a description of the details and duration of such
authorization.
‘‘(C) The Commissioner may not grant more than one such
authorization in any fiscal year and shall ensure that the authorized
use of items or data from the National Assessment is evaluated
for technical merit and for its affect on the National Assessment
of Educational Progress. The results of such evaluations shall be
H. R. 1804—146
promptly reported to the committees specified in subparagraph
(B).’’.
SEC. 1022. SENSE OF THE CONGRESS.
It is the sense of the Congress that—
(1) no funds appropriated pursuant to this Act should be
expended by an entity unless the entity agrees that in expend-
ing the assistance the entity will comply with sections 2 through
4 of the Act of March 3, 1993 (41 U.S.C. 10a–10c, popularly
known as the ‘‘Buy American Act’’);
(2) in the case of any equipment or products that may
be authorized to be purchased with financial assistance pro-
vided under this Act, entities receiving such assistance should,
in expending the assistance, purchase only American-made
equipment and products;
(3) in providing financial assistance under this Act, the
head of each Federal agency should provide to each recipient
of the assistance a notice describing the statement made in
subsection (a) by the Congress; and
(4) if it has been finally determined by a court or Federal
agency that any person intentionally affixed a label bearing
a ‘‘Made in America’’ inscription, or any inscription with the
same meaning to any product sold in or shipped to the United
States that is not made in the United States, such person
should be ineligible to receive any contract or subcontract made
with funds provided pursuant to this Act, pursuant to the
debarment, suspension, and ineligibility procedures described
in sections 9.400 through 9.409 of title 48, Code of Federal
Regulations, as such sections existed on the date of enactment
of this Act.
PART B—GUN-FREE SCHOOLS
SEC. 1031. SHORT TITLE.
This part may be cited as the ‘‘Gun-Free Schools Act of 1994’’.
SEC. 1032. GUN-FREE REQUIREMENTS IN ELEMENTARY AND SECOND-
ARY 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 expul-
sion requirement for a student on a case-by-case basis.