(B) in subsection (c), by striking ‘‘From the
amount appropriated for any fiscal year under sub-
section (j), the Secretary shall reserve’’ and inserting
‘‘From the amount available for any fiscal year to
carry out this part (other than section 619), the
Secretary shall use’’;
(C) in subsection (d)—
(i) in paragraph (1)—
(I) by striking ‘‘(1) IN GENERAL.—’’;
and
(II) by striking ‘‘paragraph (2) or
subsection (e), as the case may be’’ and in-
serting ‘‘subsection (e)’’; and
(ii) by striking paragraph (2);
(D) in subsection (e)—
(i) in the heading, by striking ‘‘PERMA-
NENT’’;
(ii) in paragraph (1)—
(I) by striking ‘‘subsection (d)(1)’’
and inserting ‘‘subsection (d)’’; and
(II) by inserting after ‘‘subsection (j)’’
the following: ‘‘(as such subsection was in
effect on the day before the date of the en-
actment of the Keeping Our Promise to
Special Education Act of 2001)’’; and
(iii) in paragraph (3)(B)—
(I) in clause (ii)—
(aa) in subclause (I)(bb), by
striking ‘‘amount appropriated under
subsection (j)’’ and inserting ‘‘amount
available to carry out this part (other
than section 619)’’;
(bb) in subclause (II)(bb), by
striking ‘‘appropriated’’ and inserting
‘‘available’’; and
(cc) in subclause (III)(bb), by
striking ‘‘appropriated’’ and inserting
‘‘available’’; and
(II) in clause (iii)(II), by striking ‘‘ap-
propriated’’ and inserting ‘‘available’’;
(E) in subsection (g)—
(i) in paragraph (2)—
(I) by striking subparagraph (A);
(II) by striking ‘‘(B) PERMANENT
PROCEDURE.—’’;
(III) by redesignating clauses (i) and
(ii) and subclauses (I) and (II) as subpara-
graphs (A) and (B) and clauses (i) and
(ii), respectively; and
(IV) in subparagraph (B) (as redesig-
nated), by striking ‘‘clause (i)’’ and insert-
ing ‘‘subparagraph (A)’’; and
(ii) in paragraph (3)(A)—
(I) in clause (i)(I), by striking ‘‘appro-
priated’’ and inserting ‘‘available’’;
(II) in clause (ii), by striking ‘‘appro-
priated’’ and inserting ‘‘available’’; and
(F) in subsection (i)(3)(A), by striking ‘‘appro-
priated under subsection (j)’’ and inserting ‘‘avail-
able to carry out this part (other than section 619)’’.
SEC. 5. USE OF CERTAIN FUNDS UNDER THE INDIVIDUALS
WITH DISABILITIES EDUCATION ACT.
Section 613(a)(2)(C) of the Individuals with Disabil-
ities Education Act (20 U.S.C. 1413(a)(2)(C)) is
amended—
(1) by redesignating clause (ii) as clause (iii);
and
(2) by inserting after clause (i) the following:
‘‘(ii) If a local educational agency
chooses to utilize the authority under
clause (i) to treat as local funds up to 20
percent of the amount of funds the agency
receives under this part that exceeds the
amount it received under this part for the
previous fiscal year, then the agency shall
use those local funds to provide additional
funding for programs under the Elemen-
tary and Secondary Education Act of
1965, including, but not limited to, pro-
grams that address school safety, teacher
quality and professional development, be-
fore and after school learning opportuni-
ties, comprehensive school reform and lit-
eracy, class size reduction, school construc-
tion and modernization, or related edu-
cation programs authorized under Federal
or State law.’’.
SEC. 6. EFFECTIVE DATE.
This Act, and the amendments made by this Act,
shall take effect on October 1, 2001.
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