‘‘(B) were not born in any State; and
‘‘(C) have not attended school in any State
for more than three full academic years.
‘‘(6) INDIAN
TRIBE.—The term ‘Indian tribe’
means any Indian tribe, band, nation, or other orga-
nized group or community, including any Alaska Na-
tive village or regional corporation as defined in or
established pursuant to the Alaska Native Claims Set-
tlement Act (43 U.S.C. 1601 et seq.), which is recog-
nized as eligible for the special programs and services
provided by the United States to Indians because of
their status as Indians.
‘‘(7) NATIVE AMERICAN; NATIVE AMERICAN LAN-
GUAGE.—The terms ‘Native American’ and ‘Native
American language’ have the meanings given such
terms in section 103 of the Native American Lan-
guages Act (25 U.S.C. 2902).
‘‘(8) NATIVE HAWAIIAN OR NATIVE AMERICAN PA-
CIFIC ISLANDER NATIVE LANGUAGE EDUCATIONAL OR-
GANIZATION.—The term ‘Native Hawaiian or Native
American Pacific Islander native language edu-
cational organization’ means a nonprofit organiza-
tion—
‘‘(A) a majority of whose governing board,
and a majority of whose employees, are fluent
speakers of the traditional Native American lan-
guages used in the organization’s educational
programs; and
‘‘(B) that has not less than five years of suc-
cessful experience in providing educational serv-
ices in traditional Native American languages.
‘‘(9) NATIVE LANGUAGE.—The term ‘native lan-
guage’, when used with reference to an individual
who is an English language learner, means the lan-
guage normally used by such individual.
‘‘(10) OUTLYING
AREA.—The term ‘outlying
area’ means any of the following:
‘‘(A) The Virgin Islands of the United
States.
‘‘(B) Guam.
‘‘(C) American Samoa.
‘‘(D) The Commonwealth of the Northern
Mariana Islands.
‘‘(11) STATE.—The term ‘State’ means any of
the several States, the District of Columbia, the Com-
monwealth of Puerto Rico, or any outlying area.
‘‘(12) TRIBALLY SANCTIONED EDUCATIONAL AU-
THORITY.—The term ‘tribally sanctioned educational
authority’ means—
‘‘(A) any department or division of edu-
cation operating within the administrative
structure of the duly constituted governing body
of an Indian tribe; and
‘‘(B) any nonprofit institution or organiza-
tion that is—
‘‘(i) chartered by the governing body of
an Indian tribe to operate a school de-
scribed in section 7112(a) or otherwise to
oversee the delivery of educational services
to members of the tribe; and
‘‘(ii) approved by the Secretary for the
purpose of carrying out programs under
subpart 1 of part A for individuals served
by a school described in section 7112(a).
‘‘SEC. 7402. LIMITATION ON FEDERAL REGULATIONS.
‘‘The Secretary shall issue regulations under this title
only to the extent that such regulations are necessary to
ensure compliance with the specific requirements of this
title.
‘‘SEC. 7403. LEGAL AUTHORITY UNDER STATE LAW.
‘‘Nothing in this title shall be construed to negate or
supersede the legal authority, under State law, of any State
agency, State entity, or State public official over programs
that are under the jurisdiction of the agency, entity, or offi-
cial.
‘‘SEC. 7404. RELEASE FROM COMPLIANCE AGREEMENTS.
‘‘Notwithstanding section 7403, any compliance agree-
ment entered into between a State, locality, or local edu-
cational agency and the Department of Health, Education,
and Welfare or the Department of Education, that requires
such State, locality, or local educational agency to develop,
implement, provide, or maintain any form of bilingual edu-
cation, is void.
‘‘SEC. 7405. RULEMAKING ON OFFICE OF CIVIL RIGHTS
GUIDELINES AND COMPLIANCE STANDARDS.
‘‘(a) IN GENERAL.—In accordance with subchapter II
of chapter 5 of part I of title 5, United States Code, the
Secretary—
‘‘(1) shall publish in the Federal Register a no-
tice of proposed rulemaking with respect to the en-
forcement guidelines and compliance standards of the
Office of Civil Rights of the Department of Education
that apply to a program or activity to provide
English language instruction to English language
learners that is undertaken by a State, locality, or
local educational agency;
‘‘(2) shall undertake a rulemaking pursuant to
such notice; and
‘‘(3) shall promulgate a final rule pursuant to
such rulemaking on the record after opportunity for
an agency hearing.
‘‘(b) EFFECT
OF
RULEMAKING
ON
COMPLIANCE
AGREEMENTS.—The Secretary may not enter into any com-
pliance agreement after the date of the enactment of this
section pursuant to a guideline or standard described in
subsection (a)(1) with an entity described in such subsection
until the Secretary has promulgated the final rule described
in subsection (a)(3).
‘‘SEC. 7406. REQUIREMENT FOR STATE STANDARDIZED
TESTING IN ENGLISH.
‘‘(a) REQUIREMENT.—In the case of a State receiving
a grant under this title that administers a State standard-
ized test to elementary or secondary school children in the
State, the State shall not exempt a child from the require-
ment that the test be administered in English, on the
ground that the child is an English language learner, if
the child—
‘‘(1) has resided, throughout the 3-year period
ending on the date the test is administered, in a geo-
graphic area that is under the jurisdiction of only one
local educational agency; and
‘‘(2) has received educational services from such
local educational agency throughout such 3-year pe-
riod (excluding any period in which such services are
not provided in the ordinary course).
‘‘(b) IN GENERAL.—Notwithstanding any other provi-
sion of this title, if a State fails to fulfill the requirement
of subsection (a), the Secretary shall withhold, in accord-
ance with section 455 of the General Education Provisions
Act, all funds otherwise made available to the State under
this title, until the State remedies such failure.’’.
SEC. 5. CONFORMING AMENDMENTS.
(a) TITLE HEADING.—The title heading of title VII
of the Elementary and Secondary Education Act of 1965
is amended to read as follows:
‘‘TITLE VII—ENGLISH LANGUAGE
FLUENCY AND FOREIGN LAN-
GUAGE 
ACQUISITION 
PRO-
GRAMS’’.
(b) ELEMENTARY AND SECONDARY EDUCATION ACT.—
The Elementary and Secondary Education Act of 1965 is
amended—
(1) in section 2209(b)(1)(C)(iii) (20 U.S.C.
6649(b)(1)(C)(iii)), by striking ‘‘Bilingual Education
Programs under part A of title VII.’’ and inserting
‘‘English language education programs under part A
of title VII.’’; and
(2) 
in 
section 
14307(b)(1)(E) 
(20 
U.S.C.
8857(b)(1)(E)), by striking ‘‘Subpart 1 of part A of
title VII (bilingual education).’’ and inserting ‘‘Chap-
ter 2 of subpart 1 of part A of title VII (English lan-
guage education).’’.
(c) DEPARTMENT
OF
EDUCATION
ORGANIZATION
ACT.—
(1) IN GENERAL.—The Department of Education
Organization Act is amended by striking ‘‘Office of
Bilingual Education and Minority Languages Af-
fairs’’ each place such term appears in the text and
inserting ‘‘Office of English Language Acquisition’’.
(2) CLERICAL AMENDMENTS.—
(A) SECTION 209.—The section heading for
section 209 of the Department of Education Or-
ganization Act is amended to read as follows:
‘‘OFFICE OF ENGLISH LANGUAGE ACQUISITION’’.
(B) SECTION 216.—The section heading for
section 216 of the Department of Education Or-
ganization Act is amended to read as follows:
‘‘SEC. 216. OFFICE OF ENGLISH LANGUAGE ACQUISITION.’’.
(C) TABLE OF CONTENTS.—
(i) SECTION 209.—The table of contents
of the Department of Education Organiza-
tion Act is amended by amending the item
relating to section 209 to read as follows:
‘‘Sec. 209. Office of English Language Acquisition.’’.
(ii) SECTION 216.—The table of con-
tents of the Department of Education Orga-
nization Act is amended by amending the
item relating to section 216 to read as fol-
lows:
‘‘Sec. 216. Office of English Language Acquisition.’’.
SEC. 6. EFFECTIVE DATE.
The amendments made by this Act shall take effect on
the date of the enactment of this Act, or October 1, 1998,
whichever occurs later.