815 
•HR 1 RH1&2 
school social workers also exceed the recommended lev-
els. 
‘‘(b) GRANTS AUTHORIZED.— 
‘‘(1) IN GENERAL.—The Secretary may use funds 
provided under this section to award grants to local 
educational agencies to enable such agencies to estab-
lish or expand elementary and secondary school coun-
seling programs which meet the requirements of sub-
section (c). 
‘‘(2) PRIORITY.—In awarding grants under this 
section, the Secretary shall give special consideration 
to applications describing programs which— 
‘‘(A) demonstrate the greatest need for new 
or additional counseling services among children 
in the schools served by the applicant, in part, 
by providing information on current ratios of 
students to school counselors, students to school 
social workers, and students to school psycholo-
gists; 
‘‘(B) propose the most promising and inno-
vative approaches for initiating or expanding 
school counseling; and 
‘‘(C) show the greatest potential for replica-
tion and dissemination. 
VerDate Mar 15 2010 
15:07 Jun 10, 2011
Jkt 223001
PO 00000
Frm 00815
Fmt 6652
Sfmt 6203
E:\ERIC\H1.RH2
H1
rmajette on DSK89S0YB1PROD with MISCELLANEOUS
816 
•HR 1 RH1&2 
‘‘(3) EQUITABLE
DISTRIBUTION.—In awarding 
grants under this section, the Secretary shall ensure 
an equitable geographic distribution among the re-
gions of the United States and among urban, subur-
ban, and rural local educational agencies. 
‘‘(4) DURATION.—A grant under this section 
shall be awarded for a period not to exceed 3 years. 
‘‘(5) MAXIMUM GRANT.—A grant awarded under 
this program shall not exceed $400,000 for any fiscal 
year. 
‘‘(6) SUPPLEMENT.—Assistance made available 
under this section shall be used to supplement, and 
may not supplant, other Federal, State, or local funds 
used for providing school-based counseling and mental 
health services to students. 
‘‘(c) REQUIREMENTS FOR COUNSELING PROGRAMS.— 
Each program funded under this section shall— 
‘‘(1) be comprehensive in addressing the coun-
seling and educational needs of all students; 
‘‘(2) use a developmental, preventive approach to 
counseling; 
‘‘(3) increase the range, availability, quantity, 
and quality of counseling services in the elementary 
and secondary schools of the local educational agency; 
VerDate Mar 15 2010 
15:07 Jun 10, 2011
Jkt 223001
PO 00000
Frm 00816
Fmt 6652
Sfmt 6203
E:\ERIC\H1.RH2
H1
rmajette on DSK89S0YB1PROD with MISCELLANEOUS
817 
•HR 1 RH1&2 
‘‘(4) expand counseling services through qualified 
school counselors, school psychologists, school social 
workers, and child and adolescent psychiatrists; 
‘‘(5) use innovative approaches to increase chil-
dren’s understanding of peer and family relation-
ships, work and self, decisionmaking, or academic 
and career planning, or to improve peer interaction; 
‘‘(6) provide counseling services in settings that 
meet the range of needs of students; 
‘‘(7) include inservice training, including train-
ing for teachers in appropriate identification and 
intervention techniques for disciplining and teaching 
students at risk of violent behavior, by school coun-
selors, school psychologists, school social workers, and 
child and adolescent psychiatrists; 
‘‘(8) involve parents of participating students in 
the design, implementation, and evaluation of a coun-
seling program; 
‘‘(9) involve community groups, social service 
agencies, or other public or private entities in collabo-
rative efforts to enhance the program; 
‘‘(10) evaluate annually the effectiveness and 
outcomes of the counseling services and activities as-
sisted under this section; 
VerDate Mar 15 2010 
15:07 Jun 10, 2011
Jkt 223001
PO 00000
Frm 00817
Fmt 6652
Sfmt 6203
E:\ERIC\H1.RH2
H1
rmajette on DSK89S0YB1PROD with MISCELLANEOUS
818 
•HR 1 RH1&2 
‘‘(11) ensure a team approach to school coun-
seling in the elementary and secondary schools of the 
local educational agency by working toward ratios 
recommended by the American School Health Associa-
tion of one school counselor to 250 students, one school 
social worker to 800 students, and one school psychol-
ogist to 1,000 students; and 
‘‘(12) ensure that school counselors, school psy-
chologists, school social workers, or child and adoles-
cent psychiatrists paid from funds made available 
under this section spend a majority of their time at 
the school in activities directly related to the coun-
seling process. 
‘‘(d) LIMITATION ON ADMINISTRATIVE COSTS.—Not 
more than 3 percent of the amounts made available under 
this section in any fiscal year may be used for administra-
tive costs to carry out this section. 
‘‘(e) DEFINITIONS.—For purposes of this section— 
‘‘(1) the term ‘school counselor’ means an indi-
vidual who has documented competence in counseling 
children and adolescents in a school setting and 
who— 
‘‘(A) possesses State licensure or certifi-
cation granted by an independent professional 
regulatory authority; 
VerDate Mar 15 2010 
15:07 Jun 10, 2011
Jkt 223001
PO 00000
Frm 00818
Fmt 6652
Sfmt 6203
E:\ERIC\H1.RH2
H1
rmajette on DSK89S0YB1PROD with MISCELLANEOUS
819 
•HR 1 RH1&2 
‘‘(B) in the absence of such State licensure 
or certification, possesses national certification 
in school counseling or a specialty of counseling 
granted by an independent professional organi-
zation; or 
‘‘(C) holds a minimum of a master’s degree 
in school counseling from a program accredited 
by the Council for Accreditation of Counseling 
and Related Educational Programs or the equiv-
alent; 
‘‘(2) the term ‘school psychologist’ means an in-
dividual who— 
‘‘(A) possesses a minimum of 60 graduate 
semester hours in school psychology from an in-
stitution of higher education and has completed 
1,200 clock hours in a supervised school psy-
chology internship, of which 600 hours shall be 
in the school setting; 
‘‘(B) possesses State licensure or certifi-
cation in the State in which the individual 
works; or 
‘‘(C) in the absence of such State licensure 
or certification, possesses national certification 
by the National School Psychology Certification 
Board; 
VerDate Mar 15 2010 
15:07 Jun 10, 2011
Jkt 223001
PO 00000
Frm 00819
Fmt 6652
Sfmt 6203
E:\ERIC\H1.RH2
H1
rmajette on DSK89S0YB1PROD with MISCELLANEOUS
820 
•HR 1 RH1&2 
‘‘(3) the term ‘school social worker’ means an in-
dividual who— 
‘‘(A) holds a master’s degree in social work 
from a program accredited by the Council on So-
cial Work Education; and 
‘‘(B) is licensed or certified by the State in 
which services are provided; or 
‘‘(C) in the absence of such State licensure 
or certification, possesses a national credential 
or certification as a ‘school social work spe-
cialist’ granted by an independent professional 
organization; and 
‘‘(4) the term ‘child and adolescent psychiatrist’ 
means an individual who— 
‘‘(A) possesses State medical licensure; and 
‘‘(B) has completed residency training pro-
grams in general and child and adolescent psy-
chiatry. 
‘‘(f) REPORT.—Not later than 1 year after assistance 
is made available under this section, the Secretary shall 
make publicly available the information from applicants re-
garding the ratios of students to school counselors, students 
to school social workers, and students to school psycholo-
gists. 
VerDate Mar 15 2010 
15:07 Jun 10, 2011
Jkt 223001
PO 00000
Frm 00820
Fmt 6652
Sfmt 6203
E:\ERIC\H1.RH2
H1
rmajette on DSK89S0YB1PROD with MISCELLANEOUS
821 
•HR 1 RH1&2 
‘‘(g) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
such sums as may be necessary for each of fiscal years 2002 
through 2006. 
‘‘PART E—MENTORING PROGRAMS 
‘‘SEC. 5501. DEFINITIONS. 
‘‘In this part, the following definitions apply: 
‘‘(1) CHILD WITH GREATEST NEED.—The term 
‘child with greatest need’ means a child at risk of 
educational failure, dropping out of school, or involve-
ment in criminal or delinquent activities, or that has 
lack of strong positive adult role models. 
‘‘(2) MENTOR.—The term ‘mentor’ means an in-
dividual who works with a child to provide a positive 
role model for the child, to establish a supportive rela-
tionship with the child, and to provide the child with 
academic assistance and exposure to new experiences 
and examples of opportunity that enhance the ability 
of the child to become a responsible adult. 
‘‘(3) STATE.—The term ‘State’ means each of the 
several States, the District of Columbia, the Common-
wealth of Puerto Rico, the Virgin Islands, Guam, 
American Samoa, and the Commonwealth of the 
Northern Mariana Islands. 
VerDate Mar 15 2010 
15:07 Jun 10, 2011
Jkt 223001
PO 00000
Frm 00821
Fmt 6652
Sfmt 6203
E:\ERIC\H1.RH2
H1
rmajette on DSK89S0YB1PROD with MISCELLANEOUS
822 
•HR 1 RH1&2 
‘‘SEC. 5502. PURPOSES. 
‘‘The purposes of this part are to make assistance 
available to promote mentoring programs for children with 
greatest need— 
‘‘(1) to assist such children in receiving support 
and guidance from a caring adult; 
‘‘(2) to improve the academic performance of 
such children; 
‘‘(3) to improve interpersonal relationships be-
tween such children and their peers, teachers, other 
adults, and family members; 
‘‘(4) to reduce the dropout rate of such children; 
and 
‘‘(5) to reduce juvenile delinquency and involve-
ment in gangs by such children. 
‘‘SEC. 5503. GRANT PROGRAM. 
‘‘(a) IN GENERAL.—In accordance with this section, 
the Secretary may make grants to eligible entities to assist 
such entities in establishing and supporting mentoring pro-
grams and activities that— 
‘‘(1) are designed to link children with greatest 
need (particularly such children living in rural areas, 
high crime areas, or troubled home environments, or 
such children experiencing educational failure) with 
responsible adults, who— 
VerDate Mar 15 2010 
15:07 Jun 10, 2011
Jkt 223001
PO 00000
Frm 00822
Fmt 6652
Sfmt 6203
E:\ERIC\H1.RH2
H1
rmajette on DSK89S0YB1PROD with MISCELLANEOUS
823 
•HR 1 RH1&2 
‘‘(A) have received training and support in 
mentoring; 
‘‘(B) have been screened using appropriate 
reference checks, child and domestic abuse record 
checks, and criminal background checks; and 
‘‘(C) are interested in working with youth; 
and 
‘‘(2) are intended to achieve 1 or more of the fol-
lowing goals: 
‘‘(A) Provide general guidance to children 
with greatest need. 
‘‘(B) Promote personal and social responsi-
bility among children with greatest need. 
‘‘(C) Increase participation by children 
with greatest need in, and enhance their ability 
to benefit from, elementary and secondary edu-
cation. 
‘‘(D) Discourage illegal use of drugs and al-
cohol, violence, use of dangerous weapons, pro-
miscuous behavior, and other criminal, harmful, 
or potentially harmful activity by children with 
greatest need. 
‘‘(E) Encourage children with greatest need 
to participate in community service and commu-
nity activities. 
VerDate Mar 15 2010 
15:07 Jun 10, 2011
Jkt 223001
PO 00000
Frm 00823
Fmt 6652
Sfmt 6203
E:\ERIC\H1.RH2
H1
rmajette on DSK89S0YB1PROD with MISCELLANEOUS
824 
•HR 1 RH1&2 
‘‘(F) Encourage children with greatest need 
to set goals for themselves or to plan for their fu-
tures, including encouraging such children to 
make graduation from secondary school a goal 
and to make plans for postsecondary education 
or training. 
‘‘(G) Discourage involvement of children 
with greatest need in gangs. 
‘‘(b) ELIGIBLE ENTITIES.—Each of the following is an 
entity eligible to receive a grant under subsection (a): 
‘‘(1) A local educational agency. 
‘‘(2) A nonprofit, community-based organization. 
‘‘(3) A partnership between an agency referred to 
in paragraph (1) and an organization referred to in 
paragraph (2). 
‘‘(c) USE OF FUNDS.— 
‘‘(1) IN
GENERAL.—Each entity receiving a 
grant under this section shall use the grant funds for 
activities that establish or implement a mentoring 
program, including— 
‘‘(A) hiring of mentoring coordinators and 
support staff; 
‘‘(B) providing for the professional develop-
ment of mentoring coordinators and support 
staff; 
VerDate Mar 15 2010 
15:07 Jun 10, 2011
Jkt 223001
PO 00000
Frm 00824
Fmt 6652
Sfmt 6203
E:\ERIC\H1.RH2
H1
rmajette on DSK89S0YB1PROD with MISCELLANEOUS
825 
•HR 1 RH1&2 
‘‘(C) recruitment, screening, and training of 
adult mentors; 
‘‘(D) reimbursement of schools, if appro-
priate, for the use of school materials or supplies 
in carrying out the program; 
‘‘(E) dissemination of outreach materials; 
‘‘(F) evaluation of the program using sci-
entifically based methods; and 
‘‘(G) such other activities as the Secretary 
may reasonably prescribe by rule. 
‘‘(2) PROHIBITED USES.—Notwithstanding para-
graph (1), an entity receiving a grant under this sec-
tion may not use the grant funds— 
‘‘(A) to directly compensate mentors; 
‘‘(B) to obtain educational or other mate-
rials or equipment that would otherwise be used 
in the ordinary course of the entity’s operations; 
‘‘(C) to support litigation of any kind; or 
‘‘(D) for any other purpose reasonably pro-
hibited by the Secretary by rule. 
‘‘(d) TERM OF GRANT.—Each grant made under this 
section shall be available for expenditure for a period of 
3 years. 
VerDate Mar 15 2010 
15:07 Jun 10, 2011
Jkt 223001
PO 00000
Frm 00825
Fmt 6652
Sfmt 6203
E:\ERIC\H1.RH2
H1
rmajette on DSK89S0YB1PROD with MISCELLANEOUS
826 
•HR 1 RH1&2 
‘‘(e) APPLICATION.—Each eligible entity seeking a 
grant under this section shall submit to the Secretary an 
application that includes— 
‘‘(1) a description of the mentoring plan the ap-
plicant proposes to carry out with such grant; 
‘‘(2) information on the children expected to be 
served by the mentoring program for which such 
grant is sought; 
‘‘(3) a description of the mechanism that appli-
cant will use to match children with mentors based 
on the needs of the children; 
‘‘(4) an assurance that no mentor will be as-
signed to mentor so many children that the assign-
ment would undermine either the mentor’s ability to 
be an effective mentor or the mentor’s ability to estab-
lish a close relationship (a one-on-one relationship, 
where practicable) with each mentored child; 
‘‘(5) an assurance that mentoring programs will 
provide children with a variety of experiences and 
support, including— 
‘‘(A) emotional support; 
‘‘(B) academic assistance; and 
‘‘(C) exposure to experiences that children 
might not otherwise encounter on their own; 
VerDate Mar 15 2010 
15:07 Jun 10, 2011
Jkt 223001
PO 00000
Frm 00826
Fmt 6652
Sfmt 6203
E:\ERIC\H1.RH2
H1
rmajette on DSK89S0YB1PROD with MISCELLANEOUS
827 
•HR 1 RH1&2 
‘‘(6) an assurance that mentoring programs will 
be monitored to ensure that each child assigned a 
mentor benefits from that assignment and that there 
will be a provision for the assignment of a new men-
tor if the relationship between the original mentor is 
not beneficial to the child; 
‘‘(7) information on the method by which men-
tors and children will be recruited to the mentor pro-
gram; 
‘‘(8) information on the method by which pro-
spective mentors will be screened; 
‘‘(9) information on the training that will be 
provided to mentors; and 
‘‘(10) information on the system that the appli-
cant will use to manage and monitor information re-
lating to the program’s reference checks, child and do-
mestic abuse record checks, and criminal background 
checks and to its procedure for matching children 
with mentors. 
‘‘(f) SELECTION.— 
‘‘(1) COMPETITIVE BASIS.—In accordance with 
this subsection, the Secretary shall select grant recipi-
ents from among qualified applicants on a competi-
tive basis. 
VerDate Mar 15 2010 
15:07 Jun 10, 2011
Jkt 223001
PO 00000
Frm 00827
Fmt 6652
Sfmt 6203
E:\ERIC\H1.RH2
H1
rmajette on DSK89S0YB1PROD with MISCELLANEOUS
828 
•HR 1 RH1&2 
‘‘(2) PRIORITY.—In selecting grant recipients 
under paragraph (1), the Secretary shall give priority 
to each applicant that— 
‘‘(A) serves children with greatest need liv-
ing in rural areas, high crime areas, or troubled 
home environments, or who attend schools with 
violence problems; 
‘‘(B) provides background screening of men-
tors, training of mentors, and technical assist-
ance in carrying out mentoring programs; 
‘‘(C) proposes a mentoring program under 
which each mentor will be assigned to not more 
children than the mentor can serve effectively; or 
‘‘(D) proposes a school-based mentoring pro-
gram. 
‘‘(3) OTHER
CONSIDERATIONS.—In selecting 
grant recipients under paragraph (1), the Secretary 
shall also consider— 
‘‘(A) the degree to which the location of the 
programs proposed by each applicant contributes 
to a fair distribution of programs with respect to 
urban and rural locations; 
‘‘(B) the quality of the mentoring programs 
proposed by each applicant, including— 
VerDate Mar 15 2010 
15:07 Jun 10, 2011
Jkt 223001
PO 00000
Frm 00828
Fmt 6652
Sfmt 6203
E:\ERIC\H1.RH2
H1
rmajette on DSK89S0YB1PROD with MISCELLANEOUS
829 
•HR 1 RH1&2 
‘‘(i) the resources, if any, the applicant 
will dedicate to providing children with op-
portunities for job training or postsec-
ondary education; 
‘‘(ii) the degree to which parents, 
teachers, community-based organizations, 
and the local community have participated, 
or will participate, in the design and im-
plementation of the applicant’s mentoring 
program; 
‘‘(iii) the degree to which the applicant 
can ensure that mentors will develop long-
standing relationships with the children 
they mentor; 
‘‘(iv) the degree to which the applicant 
will serve children with greatest need in the 
4th, 5th, 6th, 7th, and 8th grades; and 
‘‘(v) the degree to which the program 
will continue to serve children from the 4th 
grade through graduation from secondary 
school; and 
‘‘(C) the capability of each applicant to ef-
fectively implement its mentoring program. 
‘‘(4) GRANT TO EACH STATE.—Notwithstanding 
any other provision of this subsection, in selecting 
VerDate Mar 15 2010 
15:07 Jun 10, 2011
Jkt 223001
PO 00000
Frm 00829
Fmt 6652
Sfmt 6203
E:\ERIC\H1.RH2
H1
rmajette on DSK89S0YB1PROD with MISCELLANEOUS
830 
•HR 1 RH1&2 
grant recipients under paragraph (1), the Secretary 
shall select not less than 1 grant recipient from each 
State for which there is a qualified applicant. 
‘‘(g) MODEL SCREENING GUIDELINES.— 
‘‘(1) IN GENERAL.—Based on model screening 
guidelines developed by the Office of Juvenile Pro-
grams of the Department of Justice, the Secretary 
shall develop and distribute to program participants 
specific model guidelines for the screening of mentors 
who seek to participate in programs to be assisted 
under this part. 
‘‘(2) BACKGROUND CHECKS.—The guidelines de-
veloped under this subsection shall include, at a min-
imum, a requirement that potential mentors be sub-
ject to reference checks, child and domestic abuse 
record checks, and criminal background checks. 
‘‘SEC. 5504. STUDY BY GENERAL ACCOUNTING OFFICE. 
‘‘(a) IN GENERAL.—The Comptroller General of the 
United States shall conduct a study to identify successful 
school-based mentoring programs, and the elements, poli-
cies, or procedures of such programs that can be replicated. 
‘‘(b) REPORT.—Not later than 3 years after the date 
of enactment of the Mentoring for Success Act, the Comp-
troller General shall submit a report to the Secretary and 
VerDate Mar 15 2010 
15:07 Jun 10, 2011
Jkt 223001
PO 00000
Frm 00830
Fmt 6652
Sfmt 6203
E:\ERIC\H1.RH2
H1
rmajette on DSK89S0YB1PROD with MISCELLANEOUS
831 
•HR 1 RH1&2 
Congress containing the results of the study conducted 
under this section. 
‘‘(c) USE OF INFORMATION.—The Secretary shall use 
information contained in the report referred to in sub-
section (b)— 
‘‘(1) to improve the quality of existing mentoring 
programs assisted under this part and other men-
toring programs assisted under this Act; and 
‘‘(2) to develop models for new programs to be 
assisted or carried out under this Act. 
‘‘SEC. 5505. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated to carry out 
section 5503 $50,000,000 for fiscal year 2002 and such 
sums as may be necessary for each of fiscal years 2003 
through 2006.’’. 
TITLE VI—IMPACT AID PROGRAM 
SEC. 601. PAYMENTS UNDER SECTION 8002 WITH RESPECT 
TO FISCAL YEARS IN WHICH INSUFFICIENT 
FUNDS ARE APPROPRIATED. 
(a) FOUNDATION PAYMENTS FOR PRE-1995 RECIPI-
ENTS.—Section 8002(h)(1) (20 U.S.C. 7702(h)(1)) is 
amended— 
(1) in subparagraph (A), by striking ‘‘and was 
eligible to receive a payment under section 2 of the 
Act of September 30, 1950’’ and inserting ‘‘and that 
VerDate Mar 15 2010 
15:07 Jun 10, 2011
Jkt 223001
PO 00000
Frm 00831
Fmt 6652
Sfmt 6203
E:\ERIC\H1.RH2
H1
rmajette on DSK89S0YB1PROD with MISCELLANEOUS
832 
•HR 1 RH1&2 
filed, or has been determined pursuant to statute to 
have filed a timely application, and met, or has been 
determined pursuant to statute to meet, the eligibility 
requirements of section 2(a)(1)(C) of the Act of Sep-
tember 30, 1950’’; and 
(2) in subparagraph (B), by striking ‘‘(or if the 
local educational agency was not eligible to receive a 
payment under such section 2 for fiscal year 1994’’ 
and inserting ‘‘(or if the local educational agency did 
not meet, or has not been determined pursuant to 
statute to meet, the eligibility requirements of section 
2(a)(1)(C) of the Act of September 30, 1950 for fiscal 
year 1994’’. 
(b) PAYMENTS
FOR
1995 RECIPIENTS.—Section 
8002(h)(2) (20 U.S.C. 7702(h)(2)) is amended— 
(1) in subparagraph (A), by adding at the end 
before the period ‘‘, or whose application for fiscal 
year 1995 was determined pursuant to statute to be 
timely filed for purposes of payments for subsequent 
fiscal years’’; and 
(2) in subparagraph (B)(ii), by striking ‘‘for 
each local educational agency that received a payment 
under this section for fiscal year 1995’’ and inserting 
‘‘for each local educational agency described in sub-
paragraph (A)’’. 
VerDate Mar 15 2010 
15:07 Jun 10, 2011
Jkt 223001
PO 00000
Frm 00832
Fmt 6652
Sfmt 6203
E:\ERIC\H1.RH2
H1
rmajette on DSK89S0YB1PROD with MISCELLANEOUS
833 
•HR 1 RH1&2 
(c) REMAINING FUNDS.—Section 8002(h)(4)(B) (20 
U.S.C. 7702(h)(4)(B)) is amended— 
(1) by striking ‘‘(in the same manner as percent-
age shares are determined for local educational agen-
cies under paragraph (2)(B)(ii))’’ and inserting ‘‘(by 
dividing the maximum amount that the agency is eli-
gible to receive under subsection (b) by the total of the 
maximum amounts for all such agencies)’’; and 
(2) by striking ‘‘, except that for the purpose of 
calculating a local educational agency’s assessed value 
of the Federal property’’ and inserting ‘‘, except that, 
for purposes of calculating a local educational agen-
cy’s maximum amount under subsection (b)’’. 
(d) APPLICATION
FOR PAYMENT.—Notwithstanding 
any other provision of law, the Secretary shall treat as 
timely filed an application under section 8002 (20 U.S.C. 
7702) from Academy School District 20, Colorado, for a 
payment for fiscal year 1999, and shall process that appli-
cation from funds appropriated for that section for fiscal 
year 2001. 
SEC. 602. CALCULATION OF PAYMENT UNDER SECTION 8003 
FOR SMALL LOCAL EDUCATIONAL AGENCIES. 
Section 
8003(b)(3)(B)(iv) 
(20 
U.S.C. 
7703(b)(3)(B)(iv)) is amended by inserting after ‘‘of the 
VerDate Mar 15 2010 
15:07 Jun 10, 2011
Jkt 223001
PO 00000
Frm 00833
Fmt 6652
Sfmt 6203
E:\ERIC\H1.RH2
H1
rmajette on DSK89S0YB1PROD with MISCELLANEOUS
834 
•HR 1 RH1&2 
State in which the agency is located’’ the following: ‘‘or less 
than the average per pupil expenditure of all the States’’. 
SEC. 603. CONSTRUCTION. 
(a) SCHOOL FACILITY EMERGENCY AND MODERNIZA-
TION GRANTS.—Section 8007(b) (20 U.S.C. 7707(b)) is 
amended to read as follows: 
‘‘(b) SCHOOL FACILITY EMERGENCY AND MODERNIZA-
TION GRANTS AUTHORIZED.— 
‘‘(1) IN
GENERAL.—From 60 percent of the 
amount appropriated for each fiscal year under sec-
tion 8014(e), the Secretary— 
‘‘(A) shall award emergency grants in ac-
cordance with this subsection to eligible local 
educational agencies to enable the agencies to 
carry out emergency repairs of school facilities; 
and 
‘‘(B) shall award modernization grants in 
accordance with this subsection to eligible local 
educational agencies to enable the agencies to 
carry out the modernization of school facilities. 
‘‘(2) PRIORITY.—In approving applications from 
local educational agencies for emergency grants and 
modernization grants under this subsection, the Sec-
retary shall give priority to applications for emer-
gency grants and, among such applications for emer-
VerDate Mar 15 2010 
15:07 Jun 10, 2011
Jkt 223001
PO 00000
Frm 00834
Fmt 6652
Sfmt 6203
E:\ERIC\H1.RH2
H1
rmajette on DSK89S0YB1PROD with MISCELLANEOUS
835 
•HR 1 RH1&2 
gency grants, shall give priority to those applications 
of local educational agencies based on the severity of 
the emergency. 
‘‘(3) ELIGIBILITY REQUIREMENTS.— 
‘‘(A) EMERGENCY
GRANTS.—A local edu-
cational agency is eligible to receive an emer-
gency grant under this subsection only if— 
‘‘(i) the agency (or in the case of a 
local educational agency that does not have 
the authority to tax or issue bonds, the 
agency’s fiscal agent)— 
‘‘(I) has no practical capacity to 
issue bonds; 
‘‘(II) has minimal capacity to 
issue bonds and is at 75 percent of the 
agency’s limit of bonded indebtedness; 
or 
‘‘(III) does not meet the require-
ments of subclauses (I) and (II) but is 
eligible to receive funds under section 
8003(b)(2) for the fiscal year; and 
‘‘(ii) the agency is eligible to receive 
assistance under subsection (a) for the fiscal 
year and has a school facility emergency, as 
determined by the Secretary, that poses a 
VerDate Mar 15 2010 
15:07 Jun 10, 2011
Jkt 223001
PO 00000
Frm 00835
Fmt 6652
Sfmt 6203
E:\ERIC\H1.RH2
H1
rmajette on DSK89S0YB1PROD with MISCELLANEOUS
836 
•HR 1 RH1&2 
health or safety hazard to the students and 
school personnel assigned to the school facil-
ity. 
‘‘(B) MODERNIZATION
GRANTS.—A local 
educational agency is eligible to receive a mod-
ernization grant under this subsection only if— 
‘‘(i) the agency (or in the case of a 
local educational agency that does not have 
the authority to tax or issue bonds, the 
agency’s fiscal agent) meets the require-
ments of subclause (I), (II), or (III) of sub-
paragraph (A)(i); 
‘‘(ii) the agency is eligible to receive 
assistance under section 8002 for the fiscal 
year and has an assessed value of real prop-
erty per student that may be taxed for 
school purposes that is less than the average 
of the assessed value of real property per 
student that may be taxed for school pur-
poses in the State in which the local edu-
cational agency is located; and 
‘‘(iii) the agency has facility needs re-
sulting from actions of the Federal Govern-
ment, such as enrollment increases due to 
the expansion of Federal activities, housing 
VerDate Mar 15 2010 
15:07 Jun 10, 2011
Jkt 223001
PO 00000
Frm 00836
Fmt 6652
Sfmt 6203
E:\ERIC\H1.RH2
H1
rmajette on DSK89S0YB1PROD with MISCELLANEOUS
837 
•HR 1 RH1&2 
privatization, or the acquisition of Federal 
property. 
‘‘(C) RULE OF CONSTRUCTION.—For pur-
poses of subparagraph (A)(i), a local educational 
agency— 
‘‘(i) has no practical capacity to issue 
bonds if the total assessed value of real 
property that may be taxed for school pur-
poses is less than $25,000,000; and 
‘‘(ii) has minimal capacity to issue 
bonds if the total assessed value of real 
property that may be taxed for school pur-
poses is not less than $25,000,000 but not 
more than $50,000,000. 
‘‘(4) AWARD CRITERIA.—In awarding emergency 
grants and modernization grants under this sub-
section, the Secretary shall consider the following fac-
tors: 
‘‘(A) The ability of the local educational 
agency to respond to the emergency, or to pay for 
the modernization project, as the case may be, as 
measured by— 
‘‘(i) the agency’s level of bonded indebt-
edness; 
VerDate Mar 15 2010 
15:07 Jun 10, 2011
Jkt 223001
PO 00000
Frm 00837
Fmt 6652
Sfmt 6203
E:\ERIC\H1.RH2
H1
rmajette on DSK89S0YB1PROD with MISCELLANEOUS
839 
•HR 1 RH1&2 
the school facility proposed for modernization, as 
the case may be. 
‘‘(D) In the case of an emergency grant, the 
severity of the emergency, as measured by the 
threat that the condition of the school facility 
poses to the health, safety, and well-being of stu-
dents. 
‘‘(E) In the case of a modernization 
grant— 
‘‘(i) the severity of the need for mod-
ernization, as measured by such factors 
as— 
‘‘(I) overcrowding, as evidenced by 
the use of portable classrooms; or 
‘‘(II) the agency’s inability to 
maximize the use of technology or offer 
a curriculum in accordance with con-
temporary State standards due to the 
physical limitations of the current 
school facility; and 
‘‘(ii) the age of the school facility pro-
posed for modernization. 
‘‘(5) OTHER AWARD PROVISIONS.— 
‘‘(A) GENERAL PROVISIONS.— 
VerDate Mar 15 2010 
15:07 Jun 10, 2011
Jkt 223001
PO 00000
Frm 00839
Fmt 6652
Sfmt 6203
E:\ERIC\H1.RH2
H1
rmajette on DSK89S0YB1PROD with MISCELLANEOUS
840 
•HR 1 RH1&2 
‘‘(i) LIMITATIONS
ON
AMOUNT
OF 
FUNDS.— 
‘‘(I) IN GENERAL.—The amount of 
funds provided under an emergency 
grant or a modernization grant award-
ed under this subsection to a local edu-
cational agency that meets the require-
ments of subclause (II) or (III) of 
paragraph (3)(A)(i)— 
‘‘(aa) shall not exceed 50 per-
cent of the total cost of the project 
to be assisted under this sub-
section; and 
‘‘(bb) 
shall 
not 
exceed 
$3,000,000 during any 5-year pe-
riod. 
‘‘(II) IN-KIND CONTRIBUTIONS.— 
A local educational agency may use in- 
kind contributions to meet the match-
ing requirement of subclause (I)(aa). 
‘‘(ii) 
PROHIBITIONS
ON
USE
OF 
FUNDS.—A local educational agency may 
not use funds provided under an emergency 
grant or modernization grant awarded 
under this subsection for— 
VerDate Mar 15 2010 
15:07 Jun 10, 2011
Jkt 223001
PO 00000
Frm 00840
Fmt 6652
Sfmt 6203
E:\ERIC\H1.RH2
H1
rmajette on DSK89S0YB1PROD with MISCELLANEOUS
841 
•HR 1 RH1&2 
‘‘(I) a project for a school facility 
for which the agency does not have full 
title or other interest; or 
‘‘(II) stadiums or other facilities 
primarily used for athletic contests, ex-
hibitions, or other events for which ad-
mission is charged to the general pub-
lic. 
‘‘(iii) SUPPLEMENT NOT SUPPLANT.— 
A local educational agency shall use funds 
provided under an emergency grant or mod-
ernization grant awarded under this sub-
section only to supplement the amount of 
funds that would, in the absence of the Fed-
eral funds provided under the grant, be 
made available from non-Federal sources to 
carry out emergency repairs of school facili-
ties or to carry out the modernization of 
school facilities, as the case may be, and not 
to supplant such funds. 
‘‘(B) EMERGENCY GRANTS.— 
‘‘(i) 
PROHIBITION
ON
USE
OF 
FUNDS.—A local educational agency that is 
awarded an emergency grant under this 
subsection may not use amounts under the 
VerDate Mar 15 2010 
15:07 Jun 10, 2011
Jkt 223001
PO 00000
Frm 00841
Fmt 6652
Sfmt 6203
E:\ERIC\H1.RH2
H1
rmajette on DSK89S0YB1PROD with MISCELLANEOUS
842 
•HR 1 RH1&2 
grant for the complete or partial replace-
ment of an existing school facility unless 
such replacement is less expensive or more 
cost-effective to correct the identified emer-
gency. 
‘‘(ii) CARRY-OVER OF CERTAIN APPLI-
CATIONS.—In the case of a local educational 
agency that applies for an emergency grant 
under this subsection for a fiscal year and 
does not receive the grant for the fiscal year, 
the Secretary— 
‘‘(I) shall, upon the request of the 
agency, treat the application as an ap-
plication for an emergency grant 
under this subsection for the subsequent 
fiscal year in accordance with the pri-
ority requirements of paragraph (2); 
and 
‘‘(II) shall allow the agency to 
amend or otherwise update the appli-
cation, as appropriate. 
‘‘(6) APPLICATION.—A local educational agency 
that desires to receive an emergency grant or a mod-
ernization grant under this subsection shall submit 
an application to the Secretary at such time, in such 
VerDate Mar 15 2010 
15:07 Jun 10, 2011
Jkt 223001
PO 00000
Frm 00842
Fmt 6652
Sfmt 6203
E:\ERIC\H1.RH2
H1
rmajette on DSK89S0YB1PROD with MISCELLANEOUS
843 
•HR 1 RH1&2 
manner, and accompanied by such information as the 
Secretary may require. Each application shall con-
tain the following: 
‘‘(A) The information described in clauses 
(i) through (iv) of paragraph (4)(A) and sub-
paragraphs (B) and (C) of paragraph (4). 
‘‘(B) In the case of an application for an 
emergency grant— 
‘‘(i) a description of the school facility 
deficiency that poses a health or safety haz-
ard to the occupants of the facility and a 
description of how the deficiency will be re-
paired; and 
‘‘(ii) a signed statement from an ap-
propriate local official certifying that a de-
ficiency in the school facility threatens the 
health or safety of the occupants of the facil-
ity or that prevents the use of all or a por-
tion of the building. 
‘‘(C) In the case of an application for a 
modernization grant— 
‘‘(i) an explanation of the need for the 
school facility modernization project; and 
VerDate Mar 15 2010 
15:07 Jun 10, 2011
Jkt 223001
PO 00000
Frm 00843
Fmt 6652
Sfmt 6203
E:\ERIC\H1.RH2
H1
rmajette on DSK89S0YB1PROD with MISCELLANEOUS
844 
•HR 1 RH1&2 
‘‘(ii) the date on which original con-
struction of the facility to be modernized 
was completed. 
‘‘(D) A description of the project for which 
a grant under this subsection would be used, in-
cluding a cost estimate for the project. 
‘‘(E) A description of the interest in, or au-
thority over, the school facility involved, such as 
an ownership interest or a lease arrangement. 
‘‘(F) Such other information and assur-
ances as the Secretary may reasonably require. 
‘‘(7) REPORT.— 
‘‘(A) IN GENERAL.—Not later than January 
1 of each year, the Secretary shall prepare and 
submit to the appropriate congressional commit-
tees a report that contains a justification for 
each grant awarded under this subsection for the 
prior fiscal year. 
‘‘(B) DEFINITION.—In this paragraph, the 
term 
‘appropriate 
congressional 
committees’ 
means— 
‘‘(i) the Committee on Appropriations 
and the Committee on Education and the 
Workforce of the House of Representatives; 
and 
VerDate Mar 15 2010 
15:07 Jun 10, 2011
Jkt 223001
PO 00000
Frm 00844
Fmt 6652
Sfmt 6203
E:\ERIC\H1.RH2
H1
rmajette on DSK89S0YB1PROD with MISCELLANEOUS
845 
•HR 1 RH1&2 
‘‘(ii) the Committee on Appropriations 
and the Committee on Health, Education, 
Labor and Pensions of the Senate.’’. 
(b) AUTHORIZATION
OF APPROPRIATIONS.—Section 
8014(e) (20 U.S.C. 7714(e)) is amended by striking ‘‘for 
each of the three succeeding fiscal years’’ and inserting ‘‘for 
fiscal year 2001, $150,000,000 for fiscal year 2002, and 
such sums as may be necessary for each of the four suc-
ceeding fiscal years’’. 
SEC. 604. STATE CONSIDERATION OF PAYMENTS IN PRO-
VIDING STATE AID. 
Section 8009(b)(1) (20 U.S.C. 7709(b)(1)) is amended 
by inserting after ‘‘section 8003(a)(2)(B)’’ the following: 
‘‘and, with respect to a local educational agency that re-
ceives a payment under section 8003(b)(2), the amount in 
excess of the amount that the agency would receive if the 
agency were deemed to be an agency eligible to receive a 
payment under section 8003(b)(1) and not section 
8003(b)(2)’’. 
SEC. 605. AUTHORIZATION OF APPROPRIATIONS. 
Section 8014 (20 U.S.C. 7714) is amended by striking 
‘‘three succeeding fiscal years’’ each place it appears and 
inserting ‘‘six succeeding fiscal years’’. 
VerDate Mar 15 2010 
15:07 Jun 10, 2011
Jkt 223001
PO 00000
Frm 00845
Fmt 6652
Sfmt 6203
E:\ERIC\H1.RH2
H1
rmajette on DSK89S0YB1PROD with MISCELLANEOUS
846 
•HR 1 RH1&2 
SEC. 606. REPEAL OF EXISTING TITLE VI; TRANSFER AND 
REDESIGNATION OF PROGRAM. 
(a) REPEAL OF EXISTING TITLE VI.—Title VI (20 
U.S.C. 7301 et seq.) is repealed. 
(b) TRANSFER AND REDESIGNATION OF PROGRAM.— 
(1) Title VIII (20 U.S.C. 7701 et seq.)— 
(A) is transferred from the current placement of 
the title and inserted after title V; and 
(B) is redesignated as title VI. 
(2) Title VI (as redesignated by paragraph (1)(B)) is 
amended— 
(A) by redesignating sections 8001 through 8005 
(20 U.S.C. 7701–7705) as sections 6001 through 
6005, respectively; and 
(B) by redesignating sections 8007 through 8014 
(20 U.S.C. 7707–7714) as sections 6006 through 
6013, respectively. 
(c) CONFORMING AMENDMENTS.—(1) Title VI (as re-
designated by subsection (b)) is amended by striking 
‘‘8002’’, ‘‘8003’’, ‘‘8004’’, ‘‘8005’’, ‘‘8008’’, ‘‘8009’’, ‘‘8011’’, 
‘‘8013’’, and ‘‘8014’’ each place such terms appear and in-
serting ‘‘6002’’, ‘‘6003’’, ‘‘6004’’, ‘‘6005’’, ‘‘6007’’, ‘‘6008’’, 
‘‘6010’’, ‘‘6012’’, and ‘‘6013’’, respectively. 
(2) Section 6005 (as redesignated by subsection (b)) 
is amended in the heading by striking ‘‘8002 AND 8003’’ 
and inserting ‘‘6002 AND 6003’’. 
VerDate Mar 15 2010 
15:07 Jun 10, 2011
Jkt 223001
PO 00000
Frm 00846
Fmt 6652
Sfmt 6203
E:\ERIC\H1.RH2
H1
rmajette on DSK89S0YB1PROD with MISCELLANEOUS
847 
•HR 1 RH1&2 
(3) Section 6009(c)(1) (as redesignated by subsection 
(b)) is amended in the heading by striking ‘‘8003’’ and in-
serting ‘‘6003’’. 
(d) SAVINGS PROVISION.—Funds appropriated for 
title VIII of the Elementary and Secondary Education Act 
of 1965 (as in effect on the day before the date of the enact-
ment of this Act) shall be available for use under title VI 
of such Act, as added by this section. 
TITLE VII—ACCOUNTABILITY 
SEC. 701. FLEXIBILITY AND ACCOUNTABILITY. 
Title VII is amended to read as follows: 
‘‘TITLE VII—FLEXIBILITY AND 
ACCOUNTABILITY 
‘‘PART A—STATE ACCOUNTABILITY FOR 
IMPROVING ACADEMIC ACHIEVEMENT 
‘‘SEC. 7101. STATE FINANCIAL AWARDS. 
‘‘(a) IN GENERAL.—Beginning in the 2002–2003 
school year, the Secretary shall make in accordance with 
this section financial awards, to be known as ‘Achievement 
in Education Awards’, to States that have made significant 
progress in improving educational achievement. 
‘‘(b) CRITERIA OF PROGRESS.—For the purposes of 
subsection (a), the Secretary shall judge progress using each 
of the following criteria, giving the greatest weight to the 
criterion described in paragraph (1): 
VerDate Mar 15 2010 
15:07 Jun 10, 2011
Jkt 223001
PO 00000
Frm 00847
Fmt 6652
Sfmt 6203
E:\ERIC\H1.RH2
H1
rmajette on DSK89S0YB1PROD with MISCELLANEOUS
848 
•HR 1 RH1&2 
‘‘(1) The progress of the State’s students from 
economically disadvantaged families and students 
from racial and ethnic minority groups— 
‘‘(A) on the assessments administered by the 
State under section 1111; and 
‘‘(B) beginning in the 2003–2004 school 
year, on assessments of 4th and 8th grade read-
ing and mathematics under— 
‘‘(i) the State assessments carried out 
as part of the National Assessment of Edu-
cational Progress under section 411 of the 
National Education Statistics Act of 1994 
(20 U.S.C. 9010); or 
‘‘(ii) an assessment selected by the 
State that— 
‘‘(I) is administered annually; 
‘‘(II) yields high quality data that 
are valid and reliable; 
‘‘(III) meets widely recognized 
professional and technical standards, 
including specific and rigorous test se-
curity procedures; 
‘‘(IV) is developed by an entity 
independent from each State and local 
government agency in the State in a 
VerDate Mar 15 2010 
15:07 Jun 10, 2011
Jkt 223001
PO 00000
Frm 00848
Fmt 6652
Sfmt 6203
E:\ERIC\H1.RH2
H1
rmajette on DSK89S0YB1PROD with MISCELLANEOUS
849 
•HR 1 RH1&2 
manner that protects against any con-
flict of interest ; 
‘‘(V) has no test questions that are 
identical to the test questions used by 
the assessment used to meet the State 
assessment requirements under section 
1111; 
‘‘(VI) provides results in such a 
form that they may be expressed in 
terms of achievement levels that are 
consistent with the achievement levels 
(basic, proficient, and advanced) set 
forth in section 1111; 
‘‘(VII) provides results in such a 
form that they may be disaggregated, 
at a minimum, according to income 
level and major racial and ethnic 
group; and 
‘‘(VIII) is administered to all stu-
dents or to a representative sample of 
students in the 4th and 8th grades 
statewide, with a sample size that is 
sufficiently large to produce statis-
tically significant estimates of state-
wide student achievement. 
VerDate Mar 15 2010 
15:07 Jun 10, 2011
Jkt 223001
PO 00000
Frm 00849
Fmt 6652
Sfmt 6203
E:\ERIC\H1.RH2
H1
rmajette on DSK89S0YB1PROD with MISCELLANEOUS
850 
•HR 1 RH1&2 
‘‘(2) The overall improvement in the achievement 
of all of the State’s students, as measured by— 
‘‘(A) the assessments administered by the 
State under section 1111; and 
‘‘(B) beginning in the 2003–2004 school 
year, the assessments described in paragraph 
(1)(B). 
‘‘(3) The progress of the State in improving the 
English proficiency of students who enter school with 
limited English proficiency. 
‘‘(c) OTHER CONSIDERATIONS.—In judging a State’s 
progress under subsection (a), the Secretary may also con-
sider— 
‘‘(1) the progress of the State in increasing the 
percentage of students who graduate from secondary 
schools; and 
‘‘(2) the progress of the State in increasing the 
percentage of students who take advanced coursework 
(such as Advanced Placement or International Bacca-
laureate courses) and who pass the exams associated 
with such coursework. 
‘‘(d) AMOUNT.—The Secretary shall determine the 
amount of an award under subsection (a) based on— 
‘‘(1) the school-age population of the State; and 
VerDate Mar 15 2010 
15:07 Jun 10, 2011
Jkt 223001
PO 00000
Frm 00850
Fmt 6652
Sfmt 6203
E:\ERIC\H1.RH2
H1
rmajette on DSK89S0YB1PROD with MISCELLANEOUS
851 
•HR 1 RH1&2 
‘‘(2) the degree of progress shown by a State with 
respect to the criteria set forth in subsections (b) and 
(c). 
‘‘(e) USE OF FUNDS.— 
‘‘(1) IN GENERAL.—A State receiving a financial 
award under this section shall use the proceeds of 
such award only to make financial awards to public 
elementary and secondary schools in the State that 
have made the most significant progress with respect 
to the criteria described in subsection (b). 
‘‘(2) USE BY SCHOOLS.—In consultation with 
the school’s teachers, the principal of each elementary 
or secondary school that receives a financial award 
from a State under this section shall use the proceeds 
of such award at the school for any educational pur-
pose permitted under State law. 
‘‘(3) RESPONSIBLE STATE AGENCY.—The State 
educational agency for each State shall be the agency 
responsible for making awards under this subsection. 
‘‘(f) PEER REVIEW.—In selecting States for awards 
under subsection (a), the Secretary shall use a peer-review 
process. 
‘‘(g) COSTS OF INDEPENDENT ASSESSMENTS.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), the 
Secretary shall make grants to States to offset the 
VerDate Mar 15 2010 
15:07 Jun 10, 2011
Jkt 223001
PO 00000
Frm 00851
Fmt 6652
Sfmt 6203
E:\ERIC\H1.RH2
H1
rmajette on DSK89S0YB1PROD with MISCELLANEOUS