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TITLE VII—MIDNIGHT BASKET-
BALL LEAGUE TRAINING AND
PARTNERSHIP
SEC. 701. SHORT TITLE.
This title may be cited as the ‘‘Midnight Basketball
League Training and Partnership Act’’.
SEC. 702. GRANTS FOR MIDNIGHT BASKETBALL LEAGUE
TRAINING AND PARTNERSHIP PROGRAMS.
Section 520 of the Cranston-Gonzalez National Afford-
able Housing Act (42 U.S.C. 11903a) is amended—
(1) in the section heading by inserting ‘‘AND
ASSISTED’’ after ‘‘PUBLIC’’;
(2) in the subsection heading for subsection (a),
by inserting ‘‘PUBLIC HOUSING’’ before ‘‘YOUTH’’;
and
(3) by adding at the end the following new sub-
section:
‘‘(l) MIDNIGHT BASKETBALL LEAGUE TRAINING AND
PARTNERSHIP PROGRAMS.—
‘‘(1) AUTHORITY.—The Secretary of Housing
and Urban Development shall make grants, to the ex-
tent that amounts are approved in appropriations
Acts under paragraph (13), to—
‘‘(A) eligible entities to assist such entities
in carrying out midnight basketball league pro-
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grams meeting the requirements of paragraph
(4); and
‘‘(B) eligible advisory entities to provide
technical assistance to eligible entities in estab-
lishing and operating such midnight basketball
league programs.
‘‘(2) ELIGIBLE ENTITIES.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), grants under paragraph (1)(A) may
be made only to the following eligible entities:
‘‘(i) Entities eligible under subsection
(b) for a grant under subsection (a).
‘‘(ii) Nonprofit organizations provid-
ing employment counseling, job training, or
other educational services.
‘‘(iii) Nonprofit organizations provid-
ing federally assisted low-income housing.
‘‘(B) PROHIBITION ON SECOND GRANTS.—A
grant under paragraph (1)(A) may not be made
to an eligible entity if the entity has previously
received a grant under such paragraph, except
that the Secretary may exempt an eligible advi-
sory entity from the prohibition under this sub-
paragraph in extraordinary circumstances.
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‘‘(3) USE OF GRANT AMOUNTS.—Any eligible en-
tity that receives a grant under paragraph (1)(A)
may use such amounts only—
‘‘(A) to establish or carry out a midnight
basketball league program under paragraph (4);
‘‘(B) for salaries for administrators and
staff of the program;
‘‘(C) for other administrative costs of the
program, except that not more than 5 percent of
the grant amount may be used for such adminis-
trative costs; and
‘‘(D) for costs of training and assistance
provided under paragraph (4)(I).
‘‘(4) PROGRAM
REQUIREMENTS.—Each eligible
entity receiving a grant under paragraph (1)(A) shall
establish a midnight basketball league program as fol-
lows:
‘‘(A) The program shall establish a basket-
ball league of not less than 8 teams having 10
players each.
‘‘(B) Not less than 50 percent of the players
in the basketball league shall be residents of fed-
erally assisted low-income housing or members of
low-income families (as such term is defined in
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section 3(b) of the United States Housing Act of
1937).
‘‘(C) The program shall be designed to serve
primarily youths and young adults from a
neighborhood or community whose population
has not less than 2 of the following characteris-
tics (in comparison with national averages):
‘‘(i) A substantial problem regarding
use or sale of illegal drugs.
‘‘(ii) A high incidence of crimes com-
mitted by youths or young adults.
‘‘(iii) A high incidence of persons in-
fected with the human immunodeficiency
virus or sexually transmitted diseases.
‘‘(iv) A high incidence of pregnancy or
a high birth rate, among adolescents.
‘‘(v) A high unemployment rate for
youths and young adults.
‘‘(vi) A high rate of high school drop-
outs.
‘‘(D) The program shall require each player
in the league to attend employment counseling,
job training, and other educational classes pro-
vided under the program, which shall be held im-
mediately following the conclusion of league bas-
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ketball games at or near the site of the games
and at other specified times.
‘‘(E) The program shall serve only youths
and young adults who demonstrate a need for
such counseling, training, and education pro-
vided by the program, in accordance with cri-
teria for demonstrating need, which shall be es-
tablished by the Secretary, in consultation with
the Advisory Committee.
‘‘(F) The majority of the basketball games of
the league shall be held between the hours of
10:00 p.m. and 2:00 a.m. at a location in the
neighborhood or community served by the pro-
gram.
‘‘(G) The program shall obtain sponsors for
each team in the basketball league. Sponsors
shall be private individuals or businesses in the
neighborhood or community served by the pro-
gram who make financial contributions to the
program and participate in or supplement the
employment, job training, and educational serv-
ices provided to the players under the program
with additional training or educational opportu-
nities.
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‘‘(H) The program shall comply with any
criteria established by the Secretary, in consulta-
tion with the Advisory Committee established
under paragraph (9).
‘‘(I) Administrators or organizers of the
program shall receive training and technical as-
sistance provided by eligible advisory entities re-
ceiving grants under paragraph (8).
‘‘(5) GRANT AMOUNT LIMITATIONS.—
‘‘(A) PRIVATE
CONTRIBUTIONS.—The Sec-
retary may not make a grant under paragraph
(1)(A) to an eligible entity that applies for a
grant under paragraph (6) unless the applicant
entity certifies to the Secretary that the entity
will 
supplement 
the 
grant 
amounts 
with
amounts of funds from non-Federal sources, as
follows:
‘‘(i) In each of the first 2 years that
amounts from the grant are disbursed
(under subparagraph (E)), an amount suf-
ficient to provide not less than 35 percent
of the cost of carrying out the midnight bas-
ketball league program.
‘‘(ii) In each of the last 3 years that
amounts from the grant are disbursed, an
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amount sufficient to provide not less than
50 percent of the cost of carrying out the
midnight basketball league program.
‘‘(B) NON-FEDERAL FUNDS.—For purposes
of this paragraph, the term ‘funds from non-Fed-
eral sources’ includes amounts from nonprofit or-
ganizations, public housing agencies, States,
units of general local government, and Indian
housing authorities, private contributions, any
salary paid to staff (other than from grant
amounts under paragraph (1)(A)) to carry out
the program of the eligible entity, in-kind con-
tributions to carry out the program (as deter-
mined by the Secretary after consultation with
the Advisory Committee), the value of any do-
nated material, equipment, or building, the value
of any lease on a building, the value of any util-
ities provided, and the value of any time and
services contributed by volunteers to carry out
the program of the eligible entity.
‘‘(C) PROHIBITION
ON
SUBSTITUTION
OF
FUNDS.—Grant 
amounts 
under 
paragraph
(1)(A) and amounts provided by States and
units of general local government to supplement
grant amounts may not be used to replace other
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public funds previously used, or designated for
use, under this section.
‘‘(D) 
MAXIMUM
AND
MINIMUM
GRANT
AMOUNTS.—
‘‘(i) IN GENERAL.—The Secretary may
not make a grant under paragraph (1)(A)
to any single eligible entity in an amount
less than $55,000 or exceeding $130,000, ex-
cept as provided in clause (ii).
‘‘(ii) 
EXCEPTION
FOR
LARGE
LEAGUES.—In the case of a league having
more than 80 players, a grant under para-
graph (1)(A) may exceed $130,000, but may
not exceed the amount equal to 35 percent
of the cost of carrying out the midnight bas-
ketball league program.
‘‘(E) DISBURSEMENT.—Amounts provided
under a grant under paragraph (1)(A) shall be
disbursed to the eligible entity receiving the
grant over the 5-year period beginning on the
date that the entity is selected to receive the
grant, as follows:
‘‘(i) In each of the first 2 years of such
5-year period, 23 percent of the total grant
amount shall be disbursed to the entity.
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‘‘(ii) In each of the last 3 years of such
5-year period, 18 percent of the total grant
amount shall be disbursed to the entity.
‘‘(6) APPLICATIONS.—To be eligible to receive a
grant under paragraph (1)(A), an eligible entity shall
submit to the Secretary an application in the form
and manner required by the Secretary (after consulta-
tion with the Advisory Committee), which shall in-
clude—
‘‘(A) a description of the midnight basket-
ball league program to be carried out by the en-
tity, including a description of the employment
counseling, job training, and other educational
services to be provided;
‘‘(B) letters of agreement from service pro-
viders to provide training and counseling serv-
ices required under paragraph (4) and a descrip-
tion of such service providers;
‘‘(C) letters of agreement providing for fa-
cilities for basketball games and counseling,
training, and educational services required
under paragraph (4) and a description of the fa-
cilities;
‘‘(D) a list of persons and businesses from
the community served by the program who have
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expressed interest in sponsoring, or have made
commitments to sponsor, a team in the midnight
basketball league; and
‘‘(E) evidence that the neighborhood or com-
munity served by the program meets the require-
ments of paragraph (4)(C).
‘‘(7) SELECTION.—The Secretary, in consulta-
tion with the Advisory Committee, shall select eligible
entities that have submitted applications under para-
graph (6) to receive grants under paragraph (1)(A).
The Secretary, in consultation with the Advisory
Committee, shall establish criteria for selection of ap-
plicants to receive such grants. The criteria shall in-
clude a preference for selection of eligible entities car-
rying out midnight basketball league programs in
suburban and rural areas.
‘‘(8) TECHNICAL
ASSISTANCE
GRANTS.—Tech-
nical assistance grants under paragraph (1)(B) shall
be made as follows:
‘‘(A) ELIGIBLE ADVISORY ENTITIES.—Tech-
nical assistance grants may be made only to en-
tities that—
‘‘(i) are experienced and have expertise
in establishing, operating, or administering
successful and effective programs for mid-
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night basketball and employment, job train-
ing, and educational services similar to the
programs under paragraph (4); and
‘‘(ii) have provided technical assistance
to other entities regarding establishment
and operation of such programs.
‘‘(B) USE.—Amounts received under tech-
nical assistance grants shall be used to establish
centers for providing technical assistance to enti-
ties receiving grants under paragraph (1)(A) of
this subsection and subsection (a) regarding es-
tablishment, operation, and administration of ef-
fective and successful midnight basketball league
programs under this subsection and subsection
(c)(3).
‘‘(C) NUMBER AND AMOUNT.—To the extent
that amounts are provided in appropriations
Acts under paragraph (13)(B) in each fiscal
year, the Secretary shall make technical assist-
ance grants under paragraph (1)(B). In each fis-
cal year that such amounts are available the Sec-
retary shall make 4 such grants, as follows:
‘‘(i) 2 grants shall be made to eligible
advisory entities for development of mid-
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night basketball league programs in public
housing projects.
‘‘(ii) 2 grants shall be made to eligible
advisory entities for development of mid-
night basketball league programs in subur-
ban or rural areas.
Each grant shall be in an amount not exceeding
$25,000.
‘‘(9) ADVISORY COMMITTEE.—The Secretary of
Housing and Urban Development shall appoint an
Advisory Committee to assist the Secretary in provid-
ing grants under this subsection. The Advisory Com-
mittee shall be composed of not more than 7 members,
as follows:
‘‘(A) Not less than 2 individuals who are
involved in managing or administering mid-
night basketball programs that the Secretary de-
termines have been successful and effective. Such
individuals may not be involved in a program
assisted under this subsection or a member or
employee of an eligible advisory entity that re-
ceives a technical assistance grant under para-
graph (1)(B).
‘‘(B) A representative of the Center for Sub-
stance Abuse Prevention of the Public Health
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Service, Department of Health and Human
Services, who is involved in administering the
grant program for prevention, treatment, and re-
habilitation model projects for high risk youth
under section 509A of the Public Health Service
Act (42 U.S.C. 290aa–8), who shall be selected
by the Secretary of Health and Human Services.
‘‘(C) A representative of the Department of
Education, who shall be selected by the Secretary
of Education.
‘‘(D) A representative of the Department of
Health and Human Services, who shall be se-
lected by the Secretary of Health and Human
Services from among officers and employees of
the Department involved in issues relating to
high-risk youth.
‘‘(10) REPORTS.—The Secretary shall require
each eligible entity receiving a grant under para-
graph (1)(A) and each eligible advisory entity receiv-
ing a grant under paragraph (1)(B) to submit to the
Secretary, for each year in which grant amounts are
received by the entity, a report describing the activi-
ties carried out with such amounts.
‘‘(11) STUDY.—To the extent amounts are pro-
vided under appropriation Acts pursuant to para-
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graph (13)(C), the Secretary shall make a grant to
one entity qualified to carry out a study under this
paragraph. The entity shall use such grant amounts
to carry out a scientific study of the effectiveness of
midnight basketball league programs under para-
graph (4) of eligible entities receiving grants under
paragraph (1)(A). The Secretary shall require such
entity to submit a report describing the study and
any conclusions and recommendations resulting from
the study to the Congress and the Secretary not later
than the expiration of the 2-year period beginning on
the date that the grant under this paragraph is made.
‘‘(12) DEFINITIONS.—For purposes of this sub-
section:
‘‘(A) The term ‘Advisory Committee’ means
the Advisory Committee established under para-
graph (9).
‘‘(B) The term ‘eligible advisory entity’
means an entity meeting the requirements under
paragraph (8)(A).
‘‘(C) The term ‘eligible entity’ means an en-
tity described under paragraph (2)(A).
‘‘(D) The term ‘federally assisted low-in-
come housing’ has the meaning given the term in
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section 5126 of the Public and Assisted Housing
Drug Elimination Act of 1990.
‘‘(13) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated—
‘‘(A) for grants under paragraph (1)(A),
$2,650,000 in each of fiscal years 1994 and
1995;
‘‘(B) for technical assistance grants under
paragraph (1)(B), $100,000 in each of fiscal
years 1994 and 1995; and
‘‘(C) for a study grant under paragraph
(11), $250,000 in fiscal year 1994.’’.
SEC. 
703. 
PUBLIC 
HOUSING 
MIDNIGHT 
BASKETBALL
LEAGUE PROGRAMS.
Section 520(c) of the Cranston-Gonzalez National Af-
fordable Housing Act (42 U.S.C 11903a(c)) is amended by
adding at the end the following new paragraph:
‘‘(3) MIDNIGHT
BASKETBALL
LEAGUE
PRO-
GRAMS.—Notwithstanding any other provision of this
subsection and subsection (d), a grant under this sec-
tion may be used to carry out any youth sports pro-
gram that meets the requirements of a midnight bas-
ketball league program under subsection (l)(4) (not
including subparagraph (B) of such subsection) if the
program serves primarily youths and young adults
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from the public housing project in which the program
assisted by the grant is operated.’’.
TITLE VIII—YOUTH VIOLENCE IN
SCHOOLS AND COMMUNITIES
SEC. 801. PURPOSE.
It is the purpose of this title to help local communities
achieve Goal Six of the National Education Goals, which
provides that by the year 2000, every school in America
will be free of drugs and violence and will offer a disciplined
environment conducive to learning, by strengthening local
disciplinary control.
SEC. 802. FINDINGS.
The Congress finds that—
(1) the violence within elementary and secondary
schools across the Nation has increased dramatically
during the past decade;
(2) almost 3,000,000 crimes occur on or near
school campuses every year, with 16,000 crimes occur-
ring per school day or one crime occurring every 6
seconds;
(3) 20 percent of teachers in schools have re-
ported being threatened with violence by a student;
(4) schools are being asked to take on responsibil-
ities that society as a whole has neglected, and teach-
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ers and principals are being forced to referee fights
rather than teach;
(5) over two-thirds of public school teachers have
been verbally abused, threatened with injury, or phys-
ically attacked;
(6) violent or criminal behavior by students
interferes with a teacher’s ability to teach in a safe
environment the students not exhibiting such behav-
ior;
(7) 40 percent of all students do not feel safe in
school and 50 percent of all students know someone
who switched schools to feel safer;
(8) nearly one-half of the teachers who leave the
teaching profession cite discipline problems as one of
the main reasons for leaving such profession; and
(9) a lack of parental involvement contributes
strongly to school violence.
SEC. 803. PROVISIONS.
(a) LOCAL DISCIPLINE CONTROL.—No Federal law or
regulation, except education and civil rights laws protecting
individuals with disabilities, or State policy implementing
such a Federal law or regulation, shall restrict any local
educational agency, or elementary or secondary school, from
developing and implementing disciplinary policies and ac-
tion with respect to criminal or violent acts of students,
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occurring on school premises, in order to create an environ-
ment conducive to learning.
(b) SHARED INFORMATION.—No Federal law or regu-
lation, or State policy implementing such a Federal law
or regulation, shall restrict any local educational agency
or elementary or secondary school from requesting and re-
ceiving information from a State agency, local educational
agency, or an elementary or secondary school regarding a
conviction or juvenile adjudication, within five years of the
date of the request, or a pending prosecution for a violent
or weapons offense, of a student who is attending an elemen-
tary or secondary school served by the local educational
agency, or the elementary or secondary school, requesting
such information.
(c) PARENTAL RESPONSIBILITY.—It is the policy of
the Congress that States, in cooperation with local edu-
cational agencies, schools, and parent groups, should be en-
couraged to enforce disciplinary policies with respect to
parents of children who display criminal or violent behav-
ior toward teachers, students, other persons, or school prop-
erty.
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TITLE IX—EDUCATIONAL
RESEARCH AND IMPROVEMENT
SEC. 901. SHORT TITLE.
This title may be cited as the ‘‘Educational Research
and Improvement Act of 1994’’.
PART A—OFFICE OF EDUCATIONAL RESEARCH
AND IMPROVEMENT
SEC. 911. REPEAL.
(a) REPEAL.—Section 405 of the General Education
Provisions Act (20 U.S.C. 1221e) is repealed.
(b) CONFORMING AMENDMENT.—The second sentence
of section 209 of the Department of Education Organization
Act (20 U.S.C. 3419) is amended by inserting ‘‘and such
functions as set forth in section 102 of the Educational Re-
search and Improvement Act of 1993’’ after ‘‘delegate’’.
SEC. 912. OFFICE OF EDUCATIONAL RESEARCH AND IM-
PROVEMENT.
(a) PURPOSES; COMPOSITION; DEFINITIONS.—
(1) PURPOSES.—The purposes of the Office of
Educational Research and Improvement are to—
(A) assess, promote, and improve the qual-
ity and equity of education in the United States,
so that all Americans have an equal opportunity
to receive an education of the highest quality;
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(B) provide new directions for federally
supported research and development activities
with a view toward reform in the Nation’s school
systems, achieving the National Education Goals
and affecting national policy for education;
(C) provide leadership in the scientific in-
quiry into the educational process;
(D) provide leadership in advancing the
practice of education as an art, science, and pro-
fession;
(E) collect, analyze, and disseminate statis-
tics and other data related to education in the
United States and other nations; and
(F) make available to the Congress and the
people of the United States the results of research
and development activities in the field of edu-
cation in order to bring research directly to the
classroom to improve educational practice.
(2) COMPOSITION.—
(A) IN GENERAL.—The Office shall be ad-
ministered by the Assistant Secretary and shall
include—
(i) the Advisory Board of Educational
Research described in subparagraph (B);
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(ii) the directorates for educational re-
search described in subsections (c) through
(h);
(iii) the regional educational labora-
tories described in subsection (k);
(iv) the Office of Dissemination and
Reform Assistance described in subsection
(m);
(v) the National Education Library
described in subsection (o);
(vi) the Education Resources Informa-
tion Clearinghouses described in subsection
(p);
(vii) the National Center for Edu-
cation Statistics, including the National As-
sessment of Educational Progress; and
(viii) such other entities as the Assist-
ant Secretary deems appropriate to carry
out the purposes of the Office.
(B) ADVISORY BOARD OF EDUCATIONAL RE-
SEARCH.—
(i) ADVISORY BOARD OF EDUCATIONAL
RESEARCH.—The Advisory Board of Edu-
cational Research shall consist of 9 members
to be appointed by the Secretary. The As-
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sistant Secretary shall serve as an ex officio
member.
(ii) QUALIFICATIONS.—
(I) IN
GENERAL.—The persons
appointed as members of the Advisory
Board shall be appointed solely on the
basis of—
(aa) eminence in the fields of
basic or applied research, or dis-
semination of such research; or
(bb) established records of
distinguished 
service 
in 
edu-
cational research and the edu-
cation professions, including prac-
titioners.
(II) CONSIDERATION.—In making
appointments under this clause, the
Secretary shall give due consideration
to the equitable representation of edu-
cational researchers who—
(aa) are women;
(bb) 
represent 
minority
groups; or
(cc) are classroom teachers
with research experience.
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(III) 
RECOMMENDATIONS.—In
making 
appointments 
under 
this
clause, the Secretary shall give due
consideration to any recommendations
for an appointment which may be sub-
mitted to the Secretary by a variety of
groups with prominence in educational
research and development, including
the National Academy of Education
and the National Academy of Sciences.
(IV) A member of the Advisory
Board may not serve on any other De-
partment of Education advisory board,
or as a paid consultant of such De-
partment.
(iii) TERM.—(I) The term of office of
each member of the Advisory Board shall be
6 years, except that initial appointments
shall be made to ensure staggered terms,
with one-third of such members’ terms ex-
piring every 2 years. Any member ap-
pointed to fill a vacancy occurring prior to
the expiration of the term for which the
member’s predecessor was appointed shall be
appointed for the remainder of such term.
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Any person, other than the Assistant Sec-
retary, who has been a member of the Advi-
sory Board for 12 consecutive years shall
thereafter be ineligible for appointment dur-
ing the 6-year period following such twelfth
year.
(II) PROHIBITION
REGARDING
RE-
MOVAL.—The Secretary shall neither remove
nor encourage the departure of a member of
the Advisory Board appointed in accord-
ance with this subparagraph before the ex-
piration of such member’s term.
(III) CHAIRPERSON.—The members of
the Advisory Board shall select a Chair-
person from among such members.
(IV) QUORUM.—A majority of the ap-
pointed members of the Advisory Board
shall constitute a quorum.
(V) STAFF.—From amounts appro-
priated pursuant to the authority of sub-
section (q)(1)(A), the Advisory Board, in
consultation with the Assistant Secretary,
shall recommend for appointment such staff
as may be necessary. Such staff shall be ap-
pointed by the Assistant Secretary and as-
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signed at the direction of the Advisory
Board.
(iv) RESPONSIBILITIES.—The Advisory
Board shall provide oversight of the Office,
and shall—
(I) advise the Nation on the Fed-
eral research and development effort;
(II) recommend ways for strength-
ening active partnerships among re-
searchers, educational practitioners, li-
brarians, and policymakers;
(III) recommend ways to strength-
en interaction and collaboration be-
tween the various program offices and
components;
(IV) solicit advice and informa-
tion from the educational field, to de-
fine research needs and suggestions for
research topics, and shall involve edu-
cational 
practitioners, 
particularly
teachers, in this process;
(V) solicit advice from practition-
ers, policymakers, and researchers, and
recommend missions for the national
research centers assisted under this sec-
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tion by identifying topics which re-
quire long-term, sustained, systematic,
programmatic, and integrated research
and dissemination efforts;
(VI) provide recommendations for
translating 
research 
findings 
into
workable, adaptable models for use in
policy and in practice across different
settings, 
and 
recommendations 
for
other forms of dissemination;
(VII) provide recommendations
for creating incentives to draw talented
young people into the field of edu-
cational research, including scholars
from 
disadvantaged 
and 
minority
groups;
(VIII) provide recommendations
for new studies to close gaps in the re-
search base;
(IX) evaluate and provide rec-
ommendations to the President and the
Congress regarding the quality of re-
search conducted through each direc-
torate and regional educational labora-
tory, the relevance of the research top-
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ics, and the effectiveness of the dissemi-
nation of each directorate’s and labora-
tory’s activities;
(X) advise the Assistant Secretary
on standards and guidelines for re-
search programs and activities to en-
sure that research is of high quality
and free from partisan political influ-
ence; and
(XI) provide recommendations to
promote coordination and synthesis of
research among directorates.
(v) COMMITTEES AND REPORTS.—
(I) IN
GENERAL.—The Advisory
Board is authorized to appoint from
among its members such committees as
the Advisory Board deems necessary,
and to assign to committees so ap-
pointed such survey and advisory func-
tions as the Advisory Board deems ap-
propriate to assist the Advisory Board
in exercising its powers and functions
under this section.
(II) From amounts appropriated
pursuant to subsection (q)(1), the Ad-
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visory Board shall transmit to the
President, for submission to the Con-
gress not later than January 15 of
each even-numbered year, a report on
the activities of the Office, and on edu-
cation, educational research, national
indicators, and data-gathering in gen-
eral.
(3) DEFINITIONS.—For the purposes of this sec-
tion—
(A) the term ‘‘Advisory Board’’ means the
Advisory Board of Educational Research estab-
lished under paragraph (2)(B);
(B) the term ‘‘Assistant Secretary’’ means
the Assistant Secretary for Educational Research
and Improvement established by section 202 of
the Department of Education Organization Act;
(C) the term ‘‘development’’ means trans-
formation or adaptation of research results into
usable forms, in order to contribute to the im-
provement of educational practice;
(D) the term ‘‘dissemination’’ means the
communication and transfer of the results of re-
search and proven practice in forms that are un-
derstandable, easily accessible and usable or
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adaptable for use in the improvement of edu-
cational practice by teachers, administrators, li-
brarians, other practitioners, researchers, policy-
makers, and the public;
(E) the term ‘‘education research’’ includes
basic and applied research, inquiry with the
purpose of applying tested knowledge gained to
specific educational settings and problems, devel-
opment, planning, surveys, assessments, evalua-
tions, investigations, experiments, and dem-
onstrations in the field of education and other
fields relating to education;
(F) the term ‘‘field-initiated research’’
means education research in which topics and
methods of study are generated by investigators,
including teachers and other practitioners, not
by the source of funding;
(G) the term ‘‘Indian reservation’’ means a
reservation, as such term is defined in—
(i) section 3(d) of the Indian Financ-
ing Act of 1974 (25 U.S.C. 1452(d)); or
(ii) section 4(10) of the Indian Child
Welfare Act of 1978 (25 U.S.C. 1903(10));
(H) the term ‘‘Office’’, unless otherwise
specified, means the Office of Educational Re-
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search and Improvement established by section
209 of the Department of Education Organiza-
tion Act; and
(I) the term ‘‘technical assistance’’ means
assistance in identifying, selecting, or designing
solutions based on research to address edu-
cational problems, planning and design that
leads to adapting research knowledge to school
practice, training to implement such solutions,
and other assistance necessary to encourage
adoption or application of research.
(b) AUTHORIZED ACTIVITIES.—
(1) OFFICE.—In fulfilling its purposes under
this section, the Office is authorized to—
(A) conduct and support education-related
research activities, including basic and applied
research, development, planning, surveys, assess-
ments, evaluations, investigations, experiments,
and demonstrations of national significance;
(B) disseminate the findings of education
research, and provide technical assistance to
apply such information to specific school prob-
lems at the school site;
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(C) collect, analyze, and disseminate data
related to education, and to library and infor-
mation services;
(D) promote the use of knowledge gained
from research and statistical findings in schools,
other educational institutions, and communities;
(E) provide training in education research;
and
(F) promote the coordination of education
research and research support within the Federal
Government, and otherwise assist and foster such
research.
(2) OPEN COMPETITION.—All grants, contracts,
and cooperative agreements awarded or entered into
pursuant to this section shall be awarded or entered
into through a process of open competition and peer
review that shall be announced in the Federal Reg-
ister or other publication that the Secretary deter-
mines appropriate.
(3) ASSISTANT SECRETARY.—
(A) IN GENERAL.—In carrying out the ac-
tivities and programs of the Office, the Assistant
Secretary shall—
(i) ensure that there is broad and regu-
lar public and professional involvement
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from the educational field in the planning
and carrying out of the Office’s activities,
including 
establishing 
teacher 
advisory
boards for any program office, program or
project of the Office as the Assistant Sec-
retary deems necessary, and involving In-
dian and Alaska Native researchers and
educators in activities that relate to the
education of Indian and Alaska Native peo-
ple;
(ii) ensure that the selection of research
topics and the administration of the pro-
gram are free from partisan political influ-
ence;
(iii) develop directly, or through grant
or contract, standards and guidelines for re-
search, programs and activities carried out
through the Office;
(iv) establish a long- and short-term
research agenda in consultation with the
Advisory Board; and
(v) review research priorities estab-
lished within each directorate and promote
research syntheses across the directorates.
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(B) INFORMATION AND TECHNICAL ASSIST-
ANCE.—The Assistant Secretary is authorized to
offer information and technical assistance to
State and local educational agencies, school
boards, and schools, including schools funded by
the Bureau of Indian Affairs, to ensure that no
student is—
(i) denied access to the same rigorous,
challenging curriculum that such student’s
peers are offered; or
(ii) grouped or otherwise labeled in
such a way that may impede such student’s
achievement.
(C) LONG-TERM AGENDA.—One year after
the date of enactment of this Act, the Assistant
Secretary shall submit a report to the President
and to the Congress on a 6-year long-term plan
for the educational research agenda for the Of-
fice. Upon submission of such report and every
2 years thereafter, the Assistant Secretary shall
submit to the President and to the Congress a
progress report on the 6-year plan, including an
assessment of the success or failure of meeting the
components of the 6-year plan, proposed modi-
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fications or changes to the 6-year plan, and ad-
ditions to the 6-year plan.
(4) SECRETARY.—The Secretary shall enter into
contracts for the conduct of independent evaluations
of the programs and activities carried out through the
Office in accordance with this section, and transmit
such evaluations to the Congress, the President and
the Assistant Secretary, in order to—
(A) evaluate—
(i) the effectiveness of the programs
and activities of the Office; and
(ii) the implementation of projects and
programs funded through the Office over
time;
(iii) the impact of educational research
on instruction at the school level; and
(iv) the ability of the Office to keep re-
search funding free from partisan political
interference;
(B) measure the success of educational in-
formation dissemination;
(C) assess the usefulness of research and ac-
tivities carried out by the Office, including prod-
ucts disseminated by the Office; and
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(D) provide recommendations for improve-
ment of the programs of the Office.
(5) INTRADEPARTMENTAL
COORDINATION.—(A)
The Secretary shall establish and maintain a pro-
gram designed to facilitate planning and cooperative
research and development throughout the Department
of Education.
(B) The program described in subparagraph (A)
shall include—
(i) establishing and maintaining a database
on all Department of Education funded research
and improvement efforts;
(ii) coordinating the work of the various
program offices within the Department of Edu-
cation to avoid duplication;
(iii) working cooperatively with the employ-
ees of various program offices with the Depart-
ment of Education on projects of common inter-
est to avoid duplication; and
(iv) generally increasing communication
throughout the Department of Education regard-
ing education research.
(c) DIRECTORATES OF EDUCATIONAL RESEARCH.—
(1) REQUIREMENTS.—
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(A) IN
GENERAL.—In carrying out the
functions of the Office, the Assistant Secretary
shall establish 5 directorates of educational re-
search in accordance with this section.
(B) DIRECTOR.—The Assistant Secretary
shall appoint a Director for each directorate.
Each such Director shall be a leading profes-
sional in the field relevant to the mission of the
directorate.
(C) RESEARCH SYNTHESES.—The Assistant
Secretary shall provide for and promote research
syntheses across the directorates in early child-
hood, elementary, secondary, vocational, and
higher education, and shall coordinate research
plans, projects, and findings across the direc-
torates, placing a priority on synthesis and co-
ordination between the directorates described in
subsections (d) and (e). Each Director shall re-
port directly to the Assistant Secretary, regard-
ing the activities of the directorate, and shall
work together to promote research syntheses
across the directorates.
(2) DUTIES.—Each such directorate shall—
(A) carry out its activities directly or
through grants, contracts, and cooperative agree-
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ments with institutions of higher education, pub-
lic and private organizations, institutions, agen-
cies or individuals, or a consortia thereof;
(B) conduct and support the highest quality
basic and applied research in early childhood, el-
ementary and secondary, vocational and higher
education, including teacher education, which is
relevant to the directorate;
(C) have improved student learning and
achievement as its primary focus;
(D) promote research that is based in core
content areas;
(E) conduct sustained research and develop-
ment on improving the educational achievement
of poor and minority individuals as an integral
part of the directorates’ work;
(F) serve as a national database on model
and demonstration programs which have par-
ticular application to the activities of the direc-
torate, particularly with respect to model pro-
grams conducted by businesses, private, and non-
profit organizations and foundations;
(G) support, plan, implement, and operate
dissemination activities designed to bring the
most effective research directly into classroom
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practice, school organization and management,
teacher preparation and training, and libraries,
and to the extent possible, carry out dissemina-
tion activities through the use of technology;
(H) support and provide research informa-
tion that leads to policy formation for State leg-
islatures, State and local boards of education,
schools funded by the Bureau of Indian Affairs,
and other policy and governing bodies, to assist
such entities in identifying and developing effec-
tive policies to promote student achievement and
school improvement;
(I) coordinate the directorate’s activities
with the activities of the regional educational
laboratories established pursuant to subsection
(k) and with other educational service organiza-
tions in designing the directorate’s research
agenda and projects in order to increase the re-
sponsiveness of such directorate to the needs of
teachers and the educational field and to bring
research findings directly into schools to ensure
the greatest access at the local level to the latest
research developments; and
(J) provide assistance to the Assistant Sec-
retary in planning and coordinating syntheses
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that provide research knowledge related to each
level of the education system (from preschool to
higher education) to increase understanding of
student performance across different educational
levels.
(3) RESERVATIONS.—
(A) FIELD-INITIATED RESEARCH.—Each di-
rectorate shall reserve in each fiscal year not less
than one-third of the amount available to such
directorate to conduct field-initiated research.
(B) NATIONAL RESEARCH CENTERS.—Each
directorate shall reserve in each fiscal year not
less than one-third of the amount available to
such directorate to award grants or enter into
contracts with institutions of higher education,
public agencies, or private nonprofit organiza-
tions, for the support of long-term national re-
search centers of sufficient size, scope, and qual-
ity for educational research and development in
accordance with paragraph (4), except that no
such center shall receive such a grant or contract
for less than $1,100,000 for such fiscal year.
Each such center shall engage in research, devel-
opment and dissemination involving topics rel-
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evant to the mission of the directorate supporting
such center.
(C) SPECIAL RULE.—No research and devel-
opment center supported by the Office and oper-
ating on the day preceding the date of enactment
of this Act shall by reason of receipt of such sup-
port be ineligible to receive any other assistance
from the Office authorized by law.
(4) NATIONAL RESEARCH CENTERS.—
(A) DURATION.—The grants or contracts
awarded or entered into to support national re-
search centers described in paragraph (3)(B)
shall be awarded or entered into for a period of
at least 5 years, and may be renewed for addi-
tional periods of 5 years after periodic review by
the Assistant Secretary.
(B) REVIEW.—All applications to establish
a national research center shall be reviewed by
independent experts in accordance with stand-
ards and guidelines developed by the Office pur-
suant 
to 
subsections 
(a)(2)(B)(iv)(X) 
and
(b)(3)(A)(iii). Such standards and guidelines
shall include—
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(i) whether applicants have assembled
a group of high quality researchers suffi-
cient to achieve the mission of the center;
(ii) whether the proposed organiza-
tional structure and arrangements will fa-
cilitate achievement of the mission of the
center;
(iii) whether there is a substantial staff
commitment to the work of the center;
(iv) whether the directors and support
staff are full-time employees, to the extent
practicable;
(v) review of the contributions of the
applicant’s primary researchers for the pur-
pose of evaluating the appropriateness of
such primary researchers’ experiences and
expertise in the context of the proposed cen-
ter activities, and the adequacy of such pri-
mary researchers’ time commitments to
achievement of the mission of the center;
and
(vi) the manner in which the results of
education research will be disseminated for
further use.
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(5) PUBLICATION.—The Assistant Secretary shall
publish proposed research priorities developed by each
directorate in the Federal Register every 2 years, not
later than October 1 of each year, and shall allow a
period of 60 days for public comments and sugges-
tions.
(d) NATIONAL DIRECTORATE ON CURRICULUM, IN-
STRUCTION, AND ASSESSMENT.—The Assistant Secretary
shall establish and operate the National Directorate on Cur-
riculum, Instruction, and Assessment. The directorate es-
tablished under this subsection is authorized to conduct re-
search on—
(1) methods to improve student achievement at
all educational levels in core content areas;
(2) methods to improve the process of reading,
the craft of writing, the growth of reasoning skills,
and the development of information-finding skills;
(3) enabling students to develop higher order
thinking skills;
(4) methods to teach effectively all students in
mixed-ability classrooms;
(5) developing, identifying, or evaluating new
educational assessments, including performance-based
and portfolio assessments which demonstrate skill and
a command of knowledge;
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(6) standards for what students should know and
be able to do, particularly standards of desired per-
formance set at internationally competitive levels;
(7) the use of testing in the classroom and its
impact on improving student achievement, including
an analysis of how testing affects what is taught;
(8) test bias as such bias affects historically un-
derserved girls, women, and minority populations;
(9) test security, accountability, validity, reli-
ability and objectivity;
(10) relevant teacher training and instruction in
giving a test, scoring a test and in the use of test re-
sults to improve student achievement;
(11) curriculum development designed to meet
challenging standards, including State efforts to de-
velop such curriculum;
(12) the need for, and methods of delivering,
teacher education, development, and inservice train-
ing;
(13) curriculum, instruction, and assessment in
vocational education and school-to-work transition;
(14) educational methods and activities to reduce
and prevent violence in schools;
(15) the use of technology in learning, teaching,
and testing;
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(16) methods of involving parents in their chil-
dren’s education and ways to involve business, indus-
try, and other community partners in promoting ex-
cellence in schools; and
(17) other topics relevant to the mission of the
directorate.
(e) NATIONAL DIRECTORATE ON THE EDUCATIONAL
ACHIEVEMENT
OF HISTORICALLY UNDERSERVED POPU-
LATIONS.—The Assistant Secretary shall establish and op-
erate a National Directorate on the Educational Achieve-
ment of Historically Underserved Populations, the activi-
ties of which shall be closely coordinated with those of the
directorate described in subsection (d). The directorate es-
tablished under this subsection is authorized to conduct re-
search on—
(1) the quality of educational opportunities
afforded historically underserved populations, includ-
ing minority students, students with disabilities, eco-
nomically disadvantaged students, girls, women, lim-
ited-English proficient students, and Indian and
Alaska Native students, particularly the quality of
educational opportunities afforded such populations
in highly concentrated urban areas and sparsely pop-
ulated rural areas;
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(2) effective institutional practices for expanding
opportunities for such groups;
(3) methods for overcoming the barriers to learn-
ing that may impede student achievement;
(4) innovative teacher training and professional
development methods to help the historically under-
served meet challenging standards;
(5) the use of technology to improve the edu-
cational opportunities and achievement of the histori-
cally underserved;
(6) the means by which parents, community re-
sources and institutions (including cultural institu-
tions) can be utilized to support and improve the
achievement of at-risk students;
(7) methods to improve the quality of the edu-
cation of American Indian and Alaska Native stu-
dents not only in schools funded by the Bureau of In-
dian Affairs, but also in public elementary and sec-
ondary schools located on or near Indian reservations,
including—
(A) research on mechanisms to facilitate the
establishment of tribal departments of education
that assume responsibility for all education pro-
grams of State educational agencies operating on
an Indian reservation and all education pro-
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grams funded by the Bureau of Indian Affairs
on an Indian reservation;
(B) research on the development of cul-
turally appropriate curriculum for American In-
dian and Alaska Native students, including
American Indian and Alaska Native culture,
language, geography, history and social studies,
and graduation requirements related to such cur-
riculum;
(C) research on methods for recruiting,
training and retraining qualified teachers from
American Indian and Alaska Native commu-
nities, including research to promote flexibility
in the criteria for certification of such teachers;
(D) research on techniques for improving
the educational achievement of American Indian
and Alaska Native students, including meth-
odologies to reduce dropout rates and increase
graduation by such students; and
(E) research concerning the performance by
American Indian and Alaska Native students of
limited-English 
proficiency 
on 
standardized
achievement tests, and related factors; and
(8) other topics relevant to the mission of the di-
rectorate.
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(f) NATIONAL DIRECTORATE ON EARLY CHILDHOOD
DEVELOPMENT AND EDUCATION.—The Assistant Secretary
shall establish and operate the National Directorate on
Early Childhood Development and Education, which shall
have a special emphasis on families and communities as
families and communities relate to early childhood edu-
cation. The directorate established under this subsection is
authorized to conduct research on—
(1) effective teaching and learning methods, and
curriculum;
(2) instruction that considers the cultural experi-
ences of children;
(3) access to current materials in libraries;
(4) family literacy and parental involvement in
student learning;
(5) the impact that outside influences have on
learning, including television, and drug and alcohol
abuse;
(6) methods for integrating learning in settings
other than the classroom, particularly within families
and communities;
(7) teacher training;
(8) readiness to learn, including topics such as
prenatal care, nutrition, and health services;
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(9) the use of technology, including methods to
help parents instruct their children; and
(10) other topics relevant to the mission of the
directorate.
(g) NATIONAL DIRECTORATE ON ELEMENTARY AND
SECONDARY EDUCATIONAL GOVERNANCE, FINANCE, POL-
ICYMAKING, AND MANAGEMENT.—The Assistant Secretary
shall establish and operate a National Directorate on Ele-
mentary and Secondary Educational Governance, Finance,
Policymaking, and Management. The directorate estab-
lished under this subsection is authorized to conduct re-
search on—
(1) the relationship among finance, organization,
and management, and educational productivity, par-
ticularly with respect to student achievement across
educational levels and core content areas;
(2) school-based management, shared decision-
making and other innovative school structures, and
State and local reforms and educational policies,
which show promise for improving student achieve-
ment;
(3) innovative school design, including lengthen-
ing the school day and the school year, reducing class
size and building professional development into the
weekly school schedule and, as appropriate, conduct-
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ing such further research as may be recommended or
suggested by the report issued by the National Edu-
cation Commission on Time and Learning pursuant
to section 443 of the General Education Provisions
Act;
(4) the social organization of schooling and the
inner-workings of schooling;
(5) policy decisions at all levels and the impact
of such decisions on school achievement and other stu-
dent outcomes;
(6) effective approaches to organizing learning;
(7) effective ways of grouping students for learn-
ing so that a student is not labeled or stigmatized in
ways that may impede such student’s achievement;
(8) the amount of dollars allocated for education
that are actually spent on classroom instruction;
(9) the organization, structure, and finance of
vocational education;
(10) disparity in school financing among States,
school districts, and schools funded by the Bureau of
Indian Affairs;
(11) the use of technology in areas such as assist-
ing in school-based management or ameliorating the
effects of disparity in school financing among States,
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school districts, and schools funded by the Bureau of
Indian Affairs;
(12) approaches to systemic reforms involving
the coordination of multiple policies at the local,
State, and Federal levels of government to promote
higher levels of student achievement;
(13) the special adult education needs of histori-
cally underserved and minority populations;
(14) the involvement of parents and families in
the management and governance of schools and the
education of their children; and
(15) other topics relevant to the mission of the
directorate.
(h) NATIONAL DIRECTORATE ON ADULT EDUCATION,
LITERACY AND LIFELONG LEARNING.—The Assistant Sec-
retary shall establish and operate a National Directorate
on Adult Education, Literacy and Lifelong Learning. The
directorate established under this subsection is authorized
to conduct research on—
(1) learning and performance of adults, and
policies and methods for improving learning in con-
texts that include school-to-work, worker retraining,
and second-language acquisition;
(2) the most effective training methods for adults
to upgrade education and vocational skills;
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(3) opportunities for adults to continue their
education beyond higher education and graduate
school, in the context of lifelong learning and infor-
mation-finding skills;
(4) adult literacy and effective methods, includ-
ing technology, to eliminate illiteracy;
(5) preparing students for a lifetime of work, the
ability to adapt through retraining to the changing
needs of the work force and the ability to learn new
tasks;
(6) the use of technology to develop and deliver
effective training methods for adults to upgrade their
education and their vocational skills; and
(7) other topics relevant to the mission of the di-
rectorate.
(i) PERSONNEL.—
(1) IN GENERAL.—The Assistant Secretary may
appoint, for terms not to exceed 3 years (without re-
gard to the provisions of title 5, United States Code
governing appointment in the competitive service)
and may compensate (without regard to the provi-
sions of chapter 51 and subchapter III of chapter 53
of such title relating to classification and General
Schedule pay rates) such scientific or professional em-
ployees of the Office as the Assistant Secretary consid-
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ers necessary to accomplish the functions of the Office.
Such employees shall not exceed one-fifth of the num-
ber of full-time, regular scientific or professional em-
ployees of the Office. The rate of basic pay for such
employees may not exceed the maximum annual rate
of pay for grade GS–15 under section 5332 of title 5,
United States Code.
(2) REAPPOINTMENT.—The Assistant Secretary
may reappoint employees described in paragraph (1)
upon presentation of a clear and convincing justifica-
tion of need, for 1 additional term not to exceed 3
years. All such employees shall work on activities of
the Office and shall not be reassigned to other duties
outside the Office during their term.
(j) SELECTION PROCEDURES AND FELLOWSHIPS.—
(1) SELECTION
PROCEDURES.—When making
competitive awards under this section, the Assistant
Secretary shall—
(A) solicit recommendations and advice re-
garding research priorities, opportunities, and
strategies from qualified experts, such as edu-
cation professionals and policymakers, librar-
ians, personnel of the regional educational lab-
oratories described in subsection (k) and of the
research and development centers assisted under
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this section, and the Advisory Board, as well as
parents and other members of the general public;
(B) employ suitable selection procedures
using the procedures and principles of peer re-
view providing an appropriate balance between
expertise in research and practice for all propos-
als so that technical research merit is judged by
research experts and programmatic relevance is
judged by program experts, except where such
peer review procedures are clearly inappropriate
given such factors as the relatively small amount
of a grant or contract or the exigencies of the sit-
uation; and
(C) determine that the activities assisted
will be conducted efficiently, will be of high qual-
ity, and will meet priority research and develop-
ment needs under this section.
(2) FELLOWSHIPS.—
(A) PUBLICATION.—The Assistant Secretary
shall publish proposed research priorities for the
awarding of research fellowships under this
paragraph in the Federal Register every 2 years,
not later than October 1 of each year, and shall
allow a period of 60 days for public comments
and suggestions.
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(B) COMPETITION.—Prior to awarding a
fellowship under this paragraph, the Assistant
Secretary shall invite applicants to compete for
such fellowships through notice published in the
Federal Register.
(C) AUTHORITY.—From amounts appro-
priated pursuant to the authority of subsection
(q)(1), the Assistant Secretary may establish and
maintain research fellowships in the Office, for
scholars, researchers, policymakers, education
practitioners, librarians, and statisticians en-
gaged in the use, collection, and dissemination of
information about education and educational re-
search. Subject to regulations published by the
Assistant Secretary, fellowships may include
such stipends and allowances, including travel
and subsistence expenses provided under title 5,
United States Code, as the Assistant Secretary
considers appropriate.
(k) REGIONAL EDUCATIONAL LABORATORIES FOR RE-
SEARCH, DISSEMINATION, AND TECHNICAL ASSISTANCE.—
(1) AUTHORITY.—
(A) IN GENERAL.—Subject to subparagraph
(B), the Assistant Secretary shall support at
least 10 but not more than 20 regional edu-
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cational laboratories established by public agen-
cies or private nonprofit organizations.
(B) SPECIAL RULE.—In any fiscal year in
which the amount appropriated pursuant to the
authority 
of 
subsection 
(q)(2) 
exceeds
$38,000,000, the Assistant Secretary may use the
amount in excess of $38,000,000 to support a re-
gional educational laboratory serving a region
not in existence on the day preceding the date of
enactment of this Act, if such amount is equal to
or exceeds $2,000,000.
(C) PRIORITY.—The Assistant Secretary
shall give priority to supporting a regional edu-
cational laboratory that involves the combination
or subdivision of a region or regions, such that
States within a region in existence on the day
preceding the date of enactment of this Act may
be combined with States in another such region
to form a new region so long as such combina-
tion does not result in any region in existence on
such date permanently becoming part of a larger
region, nor of any such region permanently
subsuming another region.
(2) DEFINITION.—For purposes of this sub-
section, the term ‘‘regional educational laboratory’’
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means a public agency or institution or a private
nonprofit organization that—
(A) serves the education improvement needs
in a geographic region of the United States; and
(B) advances the National Education Goals.
(3) DUTIES.—Each regional educational labora-
tory shall—
(A) have as its central mission and pri-
mary function—
(i) to develop and disseminate edu-
cational research products and processes to
schools, teachers, local educational agencies,
State educational agencies, librarians, and
schools funded by the Bureau of Indian Af-
fairs; and
(ii) through such development and dis-
semination and the provision of technical
assistance, to help all students learn to chal-
lenging standards;
(B) provide technical assistance to State
and local educational agencies, school boards,
schools funded by the Bureau of Indian Affairs,
State boards of education, schools, and librarians
in accordance with the prioritization described
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in paragraph (4)(B)(vi) and needs related to
standard-driven education reform;
(C) facilitate school restructuring at the in-
dividual school level, including technical assist-
ance for adapting model demonstration grant
programs to each school;
(D) serve the educational development needs
of the region by providing education research in
usable forms in order to promote school improve-
ment and academic achievement and to correct
educational deficiencies;
(E) develop a plan for identifying and serv-
ing the needs of the region by conducting a con-
tinuing 
survey 
of 
the 
educational 
needs,
strengths, and weaknesses within the region, in-
cluding a process of open hearings to solicit the
views of schools, teachers, administrators, par-
ents, local educational agencies, librarians, and
State educational agencies within the region;
(F) use applied educational research to as-
sist in solving site-specific problems and to assist
in development activities;
(G) conduct applied research projects de-
signed to serve the particular needs of the region
only in the event that such quality applied re-
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search does not exist as determined by the re-
gional education laboratory or the Department of
Education;
(H) facilitate communication between edu-
cational experts, school officials, and teachers,
parents, and librarians, to enable such individ-
uals to assist schools to develop a plan to meet
the National Education Goals;
(I) bring teams of experts together to de-
velop and implement school improvement plans
and strategies;
(J) provide training in—
(i) the field of education research and
related areas;
(ii) the use of new educational meth-
ods; and
(iii) the use of information-finding
methods, practices, techniques, and products
developed in connection with such training
for which the regional educational labora-
tory may support internships and fellow-
ships and provide stipends;
(K) coordinate such laboratory’s activities
with the directorates assisted under this section
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in designing such laboratory’s services and
projects, in order to—
(i) maximize the use of research con-
ducted through the directorates in the work
of such laboratory;
(ii) keep the directorates apprised of
the work of the regional educational labora-
tories in the field; and
(iii) inform the directorates about ad-
ditional research needs identified in the
field;
(L) develop with the State educational
agencies and library agencies in the region and
the Bureau of Indian Affairs a plan for serving
the region;
(M) collaborate and coordinate services with
other technical assistance funded by the Depart-
ment of Education; and
(N) cooperate with other regional labora-
tories to develop and maintain a national net-
work that addresses national education problems.
(4) GOVERNING BOARD.—
(A) IN GENERAL.—In carrying out the ac-
tivities described in paragraph (3), each regional
educational laboratory shall operate under the
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direction of a governing board, the members of
which—
(i) are representative of that region;
and
(ii) include teachers and education re-
searchers.
(B) DUTIES.—Each such governing board
shall—
(i) determine, subject to the require-
ments of this section and in consultation
with the Assistant Secretary, the mission of
the regional educational laboratory;
(ii) ensure that the regional edu-
cational laboratory attains and maintains
a high level of quality in its work and prod-
ucts;
(iii) establish standards to ensure that
the regional educational laboratory has
strong and effective governance, organiza-
tion, management, and administration, and
employs qualified staff;
(iv) direct the regional educational lab-
oratory to carry out the regional edu-
cational laboratory’s duties in a manner as
will make progress toward achieving the
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National Education Goals and reforming
schools and educational systems;
(v) conduct a continuing survey of the
educational needs, strengths, and weaknesses
within the region, including a process of
open hearings to solicit the views of schools
and teachers; and
(vi) prioritize the needs of economi-
cally disadvantaged urban and rural areas
within the region and ensure that such
needs are served by the regional educational
laboratory.
(5) APPLICATION.—Each entity desiring support
for a regional educational laboratory shall submit to
the Assistant Secretary an application that contains
such information as the Assistant Secretary may rea-
sonably require, including assurances that a regional
educational laboratory will address the activities de-
scribed in paragraph (3).
(6) ADDITIONAL PROJECTS.—In addition to ac-
tivities described in paragraph (3), the Assistant Sec-
retary, from amounts appropriated pursuant to sub-
section (q)(4), is authorized to enter into agreements
with a regional educational laboratory for the pur-
pose of carrying out additional projects to enable such
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regional educational laboratory to assist in efforts to
achieve the National Education Goals and for other
purposes.
(7) SPECIAL
RULE.—No regional educational
laboratory shall, by reason of receipt of assistance
under this section, be ineligible to receive any other
assistance from the Office authorized by law or be
prohibited from engaging in activities involving
international projects or endeavors.
(8) PLAN.—Not later than July 1 of each year,
each regional educational laboratory shall submit to
the Assistant Secretary a plan covering the succeeding
fiscal year, in which such laboratory’s mission, ac-
tivities and scope of work are described, including a
general description of—
(A) the plans such laboratory expects to
submit in the 4 succeeding years; and
(B) an assessment of how well such labora-
tory is meeting the needs of the region.
(9) CONTRACT
DURATION.—The Assistant Sec-
retary shall enter into a contract for the purpose of
supporting a regional educational laboratory under
this subsection for a minimum of 5 years. The Sec-
retary shall ensure that the recompetition cycles for
new contracts for regional educational laboratories
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are carried out in such a manner that the expiration
of the laboratory contracts is consistent with the reau-
thorization cycle.
(10) REVIEW.—The Assistant Secretary shall re-
view the work of each regional educational laboratory
in the third year that such laboratory receives assist-
ance under this subsection, and shall evaluate the per-
formance of such laboratory’s activities to determine
if such activities are consistent with the duties de-
scribed in paragraph (3).
(11)± CONSTRUCTION.—Nothing in this sub-
section shall be construed to require any modifica-
tions in the regional educational laboratory contracts
in effect on the day preceding the date of enactment
of this Act.
(12) ADVANCE
PAYMENT
SYSTEM.—Each re-
gional educational laboratory shall participate in the
advance payment system of the Department of Edu-
cation.
(13) COORDINATION.—The regional education
laboratories shall work collaboratively, and coordinate
the services such laboratories provide, with the tech-
nical assistance centers authorized under the Elemen-
tary and Secondary Education Act of 1965.
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(l) TEACHER
RESEARCH
DISSEMINATION
DEM-
ONSTRATION PROGRAM.—
(1) FINDINGS.—The Congress finds that—
(A) education research, including research
funded by the Office, is not having the impact on
the Nation’s schools that such research should;
(B) relevant education research and result-
ing solutions are not being adequately dissemi-
nated to and used by the teachers that need such
research and solutions;
(C) there are insufficient linkages between
the research and development centers assisted
under this section, the regional educational lab-
oratories described in subsection (k), the Na-
tional Diffusion Network State facilitators, the
Education 
Resources 
Information 
Clearing-
houses, the comprehensive technical assistance
centers assisted under the Elementary and Sec-
ondary Education Act of 1965, and the public
schools to ensure that research on effective prac-
tice is disseminated and technical assistance pro-
vided to all teachers;
(D) the average teacher has little time to
plan or engage in a professional dialogue with
peers about strategies for improved learning;
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(E) teachers do not have direct access to in-
formation systems or networks;
(F) teachers have little control over what in-
service education teachers will be offered; and
(G) individual teachers are not encouraged
to move beyond the walls of their school buildings
to identify and use outside resources.
(2) ESTABLISHMENT.—
(A) IN GENERAL.—The Secretary is author-
ized to make grants to, and enter into contracts
or cooperative agreements with, public and pri-
vate agencies and organizations, including insti-
tutions of higher education, the regional edu-
cation laboratories, and the research and devel-
opment centers, or consortia thereof—
(i) to develop and carry out projects
that demonstrate effective strategies for
helping elementary and secondary education
teachers, in both urban and rural areas, be-
come knowledgeable about, assist in the de-
sign and use of, and use, education re-
search, including education research carried
out under this section; and
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(ii) to develop, implement, and evalu-
ate models for creation of teacher research
dissemination networks.
(B) PRIORITY.—In awarding grants and
entering into contracts and cooperative agree-
ments under subparagraph (A) the Secretary
shall give priority to entities that have received
Federal funds for research and dissemination.
(3) APPLICATIONS.—
(A) IN GENERAL.—An entity desiring to re-
ceive assistance under this subsection shall sub-
mit an application to the Secretary in such
form, at such time, and containing such infor-
mation and assurances as the Secretary may re-
quire.
(B) CONTENTS.—Each such application
shall describe how the project described in the
application—
(i) was developed with the active par-
ticipation of elementary and secondary
school teachers;
(ii) will include the continuing par-
ticipation of elementary and secondary
school teachers in the management of the
project;
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(iii) is organized around one or more
significant research topics;
(iv) will involve collaboration with en-
tities that have received Federal funds for
research and dissemination; and
(v) will sustain over time teacher re-
search dissemination networks after Federal
funding for such networks terminates.
(4) USE OF FUNDS.—Funds provided under this
subsection may be used—
(A) to train elementary and secondary edu-
cation teachers (particularly new teachers) about
the sources of education research findings, in-
cluding research findings available through ac-
tivities supported by the Office, and how to ac-
cess and use such findings to improve the quality
of instruction;
(B) to develop simple formats, both admin-
istrative and technological, that allow elemen-
tary and secondary education teachers easy ac-
cess to and use of education research findings;
(C) to share strategies and materials;
(D) to support professional networks;
(E) to survey teacher needs in the areas of
research and development; and
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(F) for other activities designed to support
elementary and secondary education teachers in
becoming knowledgeable about, assisting in the
design of, and using, educational research.
(5) STIPENDS.—The Secretary may provide for
the payment of such stipends (including allowances
for subsistence and other expenses for elementary and
secondary teachers), as the Secretary determines to be
appropriate, to teachers participating in the projects
authorized under this subsection.
(6) COORDINATION.—Recipients of funds under
this subsection shall, to the greatest extent possible, co-
ordinate their activities with related activities under
the Elementary and Secondary Education Act of
1965.
(7) REPORT.—The Secretary shall, within 5
years of the date of enactment of this Act, submit to
the Congress a report on the effectiveness of activities
assisted under this subsection.
(m) OFFICE OF DISSEMINATION AND REFORM ASSIST-
ANCE.—
(1) IN GENERAL.—The Assistant Secretary shall
establish an Office of Dissemination and Reform As-
sistance, which may include the Education Resources
Information Clearinghouses, the regional educational
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laboratories, the National Clearinghouse for Science
and Mathematics Resources, the National Diffusion
Network, the National Education Library, and such
other programs and activities as the Assistant Sec-
retary deems appropriate. The Office of Dissemina-
tion and Reform Assistance shall be headed by a Di-
rector who shall be appointed by the Assistant Sec-
retary and have a demonstrated expertise and experi-
ence in dissemination.
(2) DUTIES.—In carrying out its dissemination
activities, the Office of Dissemination and Reform As-
sistance shall—
(A) operate a depository for all Department
of Education publications and products and
make available for reproduction such publica-
tions and products;
(B) coordinate the dissemination efforts of
all Office of Educational Research and Improve-
ment program offices, the regional educational
laboratories, the directorates assisted under this
section, the National Diffusion Network, and the
Education 
Resources 
Information 
Clearing-
houses;
(C) disseminate relevant and useful re-
search, information, products, and publications
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developed through or supported by the Depart-
ment of Education to schools throughout the Na-
tion;
(D) develop the capacity to connect schools
and teachers seeking information with the rel-
evant regional educational laboratories assisted
under subsection (k), the National Diffusion Net-
work, the directorates assisted under this section,
and the Education Resources Information Clear-
inghouses; and
(E) provide an annual report to the Sec-
retary regarding the types of information, prod-
ucts, and services that teachers, schools, and
school districts have requested and have deter-
mined to be most useful, and describe future
plans to adapt Department of Education prod-
ucts and services to address the needs of the users
of such information, products, and services.
(3) ADDITIONAL ACTIVITIES.—In addition, the
Office of Dissemination and Reform Assistance
may—
(A) use media and other educational tech-
nology to carry out dissemination activities, in-
cluding program development;
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(B) establish and maintain a database on
all research and improvement efforts funded
through the Department of Education;
(C) actively encourage cooperative publish-
ing of significant publications;
(D) disseminate information on successful
models and educational methods which have been
recommended to the Office of Dissemination and
Reform Assistance by educators, educational or-
ganizations, nonprofit organizations, businesses,
and foundations, and disseminate such models
by including, with any such information, an
identification of the entity or entities that have
recommended the program; and
(E) engage in such other dissemination ac-
tivities as the Assistant Secretary determines
necessary.
(n) 
NATIONAL
DIFFUSION
NETWORK
STATE
FACILITATORS.—The National Diffusion Network described
in section 1562 of the Elementary and Secondary Edu-
cation Act of 1965 is authorized to provide information
through National Diffusion Network State facilitators on
model or demonstration projects funded by the Department
of Education. For purposes of carrying out this subsection,
information on such model projects does not have to be ap-
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proved through the program effectiveness panel, but may
be provided directly through the State facilitators. In addi-
tion, the National Diffusion Network may disseminate other
information available through the Office of Education Dis-
semination and Reform Assistance established under sub-
section (m) through the National Diffusion Network.
(o) NATIONAL EDUCATION LIBRARY.—
(1) ESTABLISHMENT.—There shall be established
a National Library of Education at the Department
of Education (hereafter in this subsection referred to
as the ‘‘Library’’) which shall—
(A) be a national resource center for teach-
ers, scholars, librarians, State, local, and Indian
tribal education officials, parents, and other in-
terested individuals; and
(B) provide resources to assist in the—
(i) advancement of research on edu-
cation;
(ii) dissemination and exchange of sci-
entific and other information important to
the improvement of education at all levels;
and
(iii) 
improvement 
of 
educational
achievement.
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(2) MISSION.—The mission of the Library shall
be to—
(A) become a principal center for the collec-
tion, preservation, and effective utilization of the
research and other information related to edu-
cation and to the improvement of educational
achievement;
(B) strive to ensure widespread access to the
Library’s facilities and materials, coverage of all
education issues and subjects, and quality con-
trol;
(C) have an expert library staff; and
(D) use modern information technology that
holds the potential to link major libraries,
schools, and educational centers across the Unit-
ed States into a network of national education
resources.
(3) FUNCTIONS.—The Library shall—
(A) establish a policy to acquire and pre-
serve books, periodicals, data, prints, films, re-
cordings, and other library materials related to
education;
(B) establish a policy to disseminate infor-
mation about the materials available in the Li-
brary;
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(C) make available through loans, photo-
graphic or other copying procedures, or other-
wise, such materials in the Library as the Sec-
retary deems appropriate; and
(D) provide reference and research assist-
ance.
(4) LIBRARIAN.—
(A) IN GENERAL.—The Secretary shall ap-
point a librarian to head the Library.
(B) 
EXPERIENCE.—The 
individual 
ap-
pointed pursuant to subparagraph (A) shall have
extensive experience as a librarian.
(C) SOLICITATION
OF
NOMINATIONS.—The
Secretary shall solicit nominations from individ-
uals and organizations before making the ap-
pointment described in subparagraph (A).
(D) SALARY.—The librarian shall be paid
at not less than the minimum rate of pay pay-
able for level GS–15 of the General Schedule.
(p) EDUCATION RESOURCES INFORMATION CLEARING-
HOUSES.—The Assistant Secretary shall establish and sup-
port Education Resources Information Clearinghouses (in-
cluding directly supporting dissemination services) having
such functions as the clearinghouses had on the day preced-
ing the date of enactment of this Act, except that—
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(1) the Assistant Secretary shall establish for the
clearinghouses a coherent policy for the abstraction
from, and inclusion in, the educational resources in-
formation clearinghouse system books, periodicals, re-
ports, and other materials related to education; and
(2) the clearinghouses shall collect and dissemi-
nate information on alternative management dem-
onstration projects operating in public schools
throughout the Nation.
(q) AUTHORIZATION OF APPROPRIATIONS.—
(1) 
DIRECTORATES
OF
EDUCATIONAL
RE-
SEARCH.—
(A) IN GENERAL.—There are authorized to
be appropriated $100,000,000 for fiscal year
1995, and such sums as may be necessary for
each of the fiscal years 1996 through 1999, to
carry out subsections (c) through (h), relating to
the Directorates of Educational Research.
(B) APPROPRIATIONS
OF
$70,000,000
OR
LESS.—From the amount made available under
clause (i) in any fiscal year in which the
amount appropriated to carry out such clause is
$70,000,000 or less—
(i) at least 25 percent of such amount
shall be available to carry out subsection
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(d), relating to the National Directorate on
Curriculum, Instruction, and Assessment;
(ii) at least 10 percent of such amount
shall be available to carry out subsection
(e), relating to the National Directorate on
the Educational Achievement of Historically
Underserved Populations;
(iii) at least 10 percent of such amount
shall be available to carry out subsection (f),
relating to the National Directorate on
Early Childhood Development and Edu-
cation;
(iv) at least 5 percent of such amount
shall be available to carry out subsection
(g), relating to the National Directorate on
Elementary and Secondary Educational
Governance, Finance, Policymaking, and
Management;
(v) at least 5 percent of such amount
shall be available to carry out subsection
(h), relating to the National Directorate on
Adult Education, Literacy and Lifelong
Learning; and
(vi) not more than 10 percent of such
amount shall be available to carry out syn-
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thesis and coordination activities described
in subsection (c)(1)(C).
(C) 
APPROPRIATIONS
GREATER
THAN
$70,000,000.—From the amount made available
under clause (i) in any fiscal year in which the
amount appropriated to carry out such clause is
greater than $70,000,000—
(i) at least 30 percent of such amount
shall be available to carry out subsection
(d), relating to the National Directorate on
Curriculum, Instruction, and Assessment;
(ii) at least 10 percent of such amount
shall be available to carry out subsection
(e), relating to the National Directorate on
the Educational Achievement of Historically
Underserved Populations;
(iii) at least 10 percent of such amount
shall be available to carry out subsection (f),
relating to the National Directorate on
Early Childhood Development and Edu-
cation;
(iv) at least 10 percent of such amount
shall be available to carry out subsection
(g), relating to the National Directorate on
Elementary and Secondary Educational
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Governance, Finance, Policymaking, and
Management;
(v) at least 10 percent of such amount
shall be available to carry out subsection
(h), relating to the National Directorate on
Adult Education, Literacy and Lifelong
Learning; and
(vi) not more than 10 percent of such
amount shall be available to carry out syn-
thesis and coordination activities described
in subsection (c)(1)(C).
(D) SPECIAL RULE.—Not less than 95 per-
cent of funds appropriated pursuant to the au-
thority of clause (i) in any fiscal year shall be
expended to carry out this section through
grants, cooperative agreements, or contracts.
(2) REGIONAL EDUCATIONAL LABORATORIES.—
There are authorized to be appropriated $41,000,000
for fiscal year 1995, and such sums as may be nec-
essary for each of the fiscal years 1996 through 1999,
to carry out subsection (k), relating to the regional
educational laboratories.
(3) TEACHER RESEARCH DISSEMINATION DEM-
ONSTRATION PROGRAM.—
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(A) IN GENERAL.—There are authorized to
be appropriated $10,000,000 for fiscal year 1995,
and such sums as may be necessary for each of
the fiscal years 1996 through 1999, to carry out
the provisions of subsection (l), relating to the
teacher research dissemination demonstration
program.
(B) PEER REVIEW.—The Secretary may use
not more than 0.2 percent of the amount appro-
priated pursuant to the authority of subpara-
graph (A) for each fiscal year for peer review of
applications under this section.
(4) OFFICE OF DISSEMINATION AND REFORM AS-
SISTANCE.—There are authorized to be appropriated
$5,000,000 for fiscal year 1995, and such sums as
may be necessary for each of the fiscal years 1996
through 1999, to carry out subsections (m) and (k)(6),
relating to the Office of Education Dissemination and
Reform Assistance and additional projects for re-
gional educational laboratories, respectively.
(5) NATIONAL
DIFFUSION
NETWORK
STATE
FACILITATORS.—There are authorized to be appro-
priated $10,000,000 for the fiscal year 1995, and such
sums as may be necessary for each of fiscal years
1996 through 1999, to carry out subsection (n), relat-
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ing to the National Diffusion Network State
Facilitators.
(6) NATIONAL EDUCATION LIBRARY.—There are
authorized to be appropriated $10,000,000 for fiscal
year 1995, and such sums as may be necessary for
each of the fiscal years 1996 through 1999, to carry
out subsection (o), relating to the National Education
Library.
(7) 
EDUCATION
RESOURCES
INFORMATION
CLEARINGHOUSES.—There are authorized to be ap-
propriated $10,000,000 for fiscal year 1995, and such
sums as may be necessary for each of the fiscal years
1996 through 1999, to carry out subsection (p), relat-
ing to the Education Resources Information Clearing-
houses.
(8) ADMINISTRATION
OF
FUNDS.—When more
than one Federal agency uses funds to support a sin-
gle project under this section, the Office may act for
all such agencies in administering such funds.
(r) EXISTING CONTRACTS AND GRANTS.—
(1) SPECIAL RULE.—Notwithstanding any other
provision of law, grants or contracts for the regional
educational laboratories and the centers assisted
under section 405 of the General Education Provi-
sions Act on the day preceding the date of enactment
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of this Act shall remain in effect until the termi-
nation date of such grants or contracts, except that
the grants or contracts for such centers which termi-
nate before the competition for the new centers de-
scribed in subsection (c)(3)(B) is completed may be
extended until the time that the awards for such new
centers are made.
(2) FUNDING.—The Secretary shall use amounts
appropriated pursuant to the authority of subsection
(q)(1)(A) to support the grants or contracts described
in paragraph (1).
SEC. 913. SAVINGS PROVISIONS.
(a) CONTINUING EFFECT OF LEGAL DOCUMENTS.—All
orders, determinations, rules, regulations, permits, agree-
ments, grants, contracts, certificates, licenses, registrations,
privileges, and other administrative actions—
(1) which have been issued, made, granted, or al-
lowed to become effective by the President, any Fed-
eral agency or official thereof, or by a court of com-
petent jurisdiction, in the performance of functions of
the Office of Educational Research and Improvement
(as such functions existed on the day before the date
of enactment of this Act); and
(2) which are in effect at the time this title takes
effect, or were final before the effective date of this
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title and are to become effective on or after the effec-
tive date of this title,
shall continue in effect according to their terms until modi-
fied, terminated, superseded, set aside, or revoked in accord-
ance with law by the President, the Secretary or other au-
thorized official, a court of competent jurisdiction, or by
operation of law.
(b) PROCEEDINGS NOT AFFECTED.—The provisions of
this title shall not affect any proceedings, including notices
of proposed rulemaking, or any application for any license,
permit, certificate, or financial assistance pending before
the Office of Educational Research and Improvement at the
time this title takes effect, with respect to functions of such
Office but such proceedings and applications shall be con-
tinued. Orders shall be issued in such proceedings, appeals
shall be taken therefrom, and payments shall be made pur-
suant to such orders, as if this title had not been enacted,
and orders issued in any such proceedings shall continue
in effect until modified, terminated, superseded, or revoked
by a duly authorized official, by a court of competent juris-
diction, or by operation of law. Nothing in this subsection
shall be deemed to prohibit the discontinuance or modifica-
tion of any such proceeding under the same terms and con-
ditions and to the same extent that such proceeding could
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have been discontinued or modified if this title had not been
enacted.
(c) SUITS NOT AFFECTED.—The provisions of this title
shall not affect suits commenced before the effective date of
this title, and in all such suits, proceedings shall be had,
appeals taken, and judgments rendered in the same manner
and with the same effect as if this title had not been enacted.
(d) NONABATEMENT OF ACTIONS.—No suit, action, or
other proceeding commenced by or against the Office of
Educational Research and Improvement, or by or against
any individual in the official capacity of such individual
as an officer of the Office of Educational Research and Im-
provement, shall abate by reason of the enactment of this
title.
(e) ADMINISTRATIVE ACTIONS RELATING TO PROMUL-
GATION OF REGULATIONS.—Any administrative action re-
lating to the preparation or promulgation of a regulation
by the Office of Educational Research and Improvement re-
lating to a function of such Office under this title may be
continued by the Office of Educational Research and Im-
provement with the same effect as if this title had not been
enacted.
SEC. 914. FIELD READERS.
Section 402 of the Department of Education Organiza-
tion Act (20 U.S.C. 3462) is amended—
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(1) by inserting ‘‘(a) IN GENERAL.—’’ before
‘‘The Secretary’’; and
(2) by adding at the end the following new sub-
section:
‘‘(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 edu-
cation program that awards such funds on a competi-
tive basis to pay the expenses and fees of non-Federal
experts necessary to review applications and propos-
als for such funds.
‘‘(2) APPLICABILITY.—The provisions of para-
graph (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 B—EDUCATIONAL IMPROVEMENT
PROGRAMS
Subpart 1—International Education Program
SEC. 921. INTERNATIONAL EDUCATION PROGRAM.
(a) PROGRAM ESTABLISHED.—The Secretary shall
carry out an International Education Program in accord-
ance with this section that shall provide for—
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(1) the study of international education pro-
grams and delivery systems; and
(2) an international education exchange pro-
gram.
(b) ASSESSMENT AND INFORMATION.—The Secretary
shall award grants for the study, evaluation and analysis
of education systems in other nations, particularly Great
Britain, France, Germany and Japan. Such studies shall
focus upon a comparative analysis of curriculum, methodol-
ogy and organizational structure, including the length of
the school year and school day. In addition, the studies shall
provide an analysis of successful strategies employed by
other nations to improve student achievement, with a spe-
cific focus upon application to schooling and the National
Education Goals.
(c) INTERNATIONAL EDUCATION EXCHANGE.—
(1) REQUIREMENT.—
(A) IN
GENERAL.—The Secretary shall
carry out a program to be known as the Inter-
national Education Exchange Program. Under
such program the Secretary shall award grants
to or enter into contracts with organizations
with demonstrated effectiveness or expertise in
international achievement comparisons, in order
to—
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(i) make available to educators from el-
igible countries exemplary curriculum and
teacher training programs in civics and
government education and economic edu-
cation developed in the United States;
(ii) assist eligible countries in the ad-
aptation and implementation of such pro-
grams or joint research concerning such
programs;
(iii) create and implement educational
programs for United States students which
draw upon the experiences of emerging con-
stitutional democracies;
(iv) provide a means for the exchange
of ideas and experiences in civics and gov-
ernment education and economic education
among political, educational and private
sector leaders of participating eligible coun-
tries; and
(v) provide support for—
(I) research and evaluation to de-
termine the effects of educational pro-
grams on students’ development of the
knowledge, skills and traits of char-
acter essential for the preservation and
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improvement of constitutional democ-
racy; and
(II) effective participation in and
the preservation and improvement of
an efficient market economy.
(B) RESERVATIONS.—In carrying out the
program described in subparagraph (A), the Sec-
retary shall reserve in each fiscal year—
(i) 50 percent of the amount available
to carry out this subsection for civics and
government education activities; and
(ii) 50 percent of such amount for eco-
nomic education activities.
(2) CONTRACT AUTHORIZED.—
(A) IN GENERAL.—The Secretary is author-
ized to contract with independent nonprofit edu-
cational organizations to carry out the provi-
sions of this subsection.
(B) NUMBER.—The Secretary shall award
at least 1 but not more than 3 contracts de-
scribed in subparagraph (A) in each of the areas
described in clauses (i) and (ii) of paragraph
(1)(B).
(C) AVOIDANCE OF DUPLICATION.—The Sec-
retary shall award contracts described in sub-
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paragraph (A) so as to avoid duplication of ac-
tivities in such contracts.
(D) REQUIREMENTS.—Each organization
with which the Secretary enters into a contract
pursuant to subparagraph (A) shall—
(i) be experienced in—
(I) the development and national
implementation of curricular programs
in civics and government education
and economic education for students
from grades kindergarten through 12
in local, intermediate, and State edu-
cational agencies, in schools funded by
the Bureau of Indian Affairs, and in
private schools throughout the Nation
with the cooperation and assistance of
national professional educational orga-
nizations, colleges and universities,
and private sector organizations;
(II) the development and imple-
mentation of cooperative university
and school based inservice training
programs for teachers of grades kinder-
garten through grade 12 using scholars
from such relevant disciplines as polit-
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ical science, political philosophy, his-
tory, law and economics;
(III) the development of model
curricular frameworks in civics and
government education and economic
education;
(IV) the administration of inter-
national seminars on the goals and ob-
jectives of civics and government edu-
cation or economic education in con-
stitutional democracies (including the
sharing of curricular materials) for
educational leaders, teacher trainers,
scholars in related disciplines, and
educational policymakers; and
(V) the evaluation of civics and
government education or economic edu-
cation programs; and
(ii) have the authority to subcontract
with other organizations to carry out the
provisions of this subsection.
(3) ACTIVITIES.—The international education
program described in this subsection shall—
(A) provide eligible countries with—
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(i) seminars on the basic principles of
United States constitutional democracy and
economics, including seminars on the major
governmental and economic institutions
and systems in the United States, and visits
to such institutions;
(ii) visits to school systems, institu-
tions of higher learning, and nonprofit or-
ganizations conducting exemplary programs
in civics and government education and
economic education in the United States;
(iii) home stays in United States com-
munities;
(iv) translations and adaptations re-
garding United States civics and govern-
ment education and economic education
curricular programs for students and teach-
ers, and in the case of training programs
for teachers translations and adaptations
into forms useful in schools in eligible coun-
tries, and joint research projects in such
areas;
(v) translation of basic documents of
United States constitutional government for
use in eligible countries, such as The Fed-
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eralist Papers, selected writings of Presi-
dents Adams and Jefferson and the Anti-
Federalists, and more recent works on polit-
ical theory, constitutional law and econom-
ics; and
(vi) research and evaluation assistance
to determine—
(I) the effects of educational pro-
grams on students’ development of the
knowledge, skills and traits of char-
acter essential for the preservation and
improvement of constitutional democ-
racy; and
(II) effective participation in and
the preservation and improvement of
an efficient market economy;
(B) provide United States participants
with—
(i) seminars on the histories, economics
and governments of eligible countries;
(ii) visits to school systems, institu-
tions of higher learning, and organizations
conducting exemplary programs in civics
and government education and economic
education located in eligible countries;
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(iii) home stays in eligible countries;
(iv) assistance from educators and
scholars in eligible countries in the develop-
ment of curricular materials on the history,
government and economics of such countries
that are useful in United States classrooms;
(v) opportunities to provide on-site
demonstrations of United States curricula
and pedagogy for educational leaders in eli-
gible countries; and
(vi) research and evaluation assistance
to determine—
(I) the effects of educational pro-
grams on students’ development of the
knowledge, skills and traits of char-
acter essential for the preservation and
improvement of constitutional democ-
racy; and
(II) effective participation in and
improvement of an efficient market
economy; and
(C) assist participants from eligible coun-
tries and the United States in participating in
international conferences on civics and govern-
ment education and economic education for edu-
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cational leaders, teacher trainers, scholars in re-
lated disciplines, and educational policymakers.
(4) PRINTER MATERIALS AND PROGRAMS.—All
printed materials and programs provided to foreign
nations under this subsection shall bear the logo and
text used by the Marshall Plan after World War II,
that is, clasped hands with the inscription ‘‘A gift
from the American people to the people of (insert
name of country)’’.
(5) PARTICIPANTS.—The primary participants
in the international education program assisted
under this subsection shall be leading educators in the
areas of civics and government education and eco-
nomic education, including curriculum and teacher
training specialists, scholars in relevant disciplines,
and educational policymakers, from the United States
and eligible countries.
(6) PERSONNEL AND TECHNICAL EXPERTS.—The
Secretary is authorized to provide Department of
Education personnel and technical experts to assist
eligible countries establish and implement a database
or other effective methods to improve educational de-
livery systems, structure and organization.
(7) DEFINITIONS.—For the purpose of this sub-
section the term ‘‘eligible country’’ means a Central
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European country, an Eastern European country,
Lithuania, Latvia, Estonia, Georgia, the Common-
wealth of Independent States, and any country that
formerly was a republic of the Soviet Union whose
political independence is recognized in the United
States.
(d) AUTHORIZATION OF APPROPRIATIONS.—
(1) ASSESSMENT AND INFORMATION.—There are
authorized to be appropriated $1,000,000 for fiscal
year 1995, and such sums as may be necessary for
each of the fiscal years 1996 through 1999, to carry
out subsection (b).
(2) INTERNATIONAL
EDUCATION
EXCHANGE.—
There are authorized to be appropriated $10,000,000
for fiscal year 1995, and such sums as may be nec-
essary for each of the fiscal years 1996 through 1999,
to carry out subsection (c).
Subpart 2—Amendments to the Carl D. Perkins
Vocational and Applied Technology Education Act
SEC. 931. NATIONAL OCCUPATIONAL INFORMATION CO-
ORDINATING COMMITTEE.
Section 422 of the Carl D. Perkins Vocational and Ap-
plied Technology Education Act (20 U.S.C. 2422) is
amended—
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(1) in paragraph (2) of subsection (a), by insert-
ing ‘‘(including postsecondary employment and train-
ing 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 redesignated in subparagraph (A)), by in-
serting ‘‘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 in-
serting ‘‘Act, of’’; and
(ii) by inserting ‘‘and of the State
board or agency governing higher edu-
cation’’ after ‘‘Job Training Partnership
Act’’;
(3) by redesignating subsection (d) as subsection
(e); and
(4) by inserting after subsection (c) the following
new subsection:
‘‘(d) DATA COLLECTION SYSTEM.—In the development
and design of a system to provide data on graduation or
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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 occu-
pational information system developed under this section.’’.
Subpart 3—Elementary Mathematics and Science
Equipment Program
SEC. 941. SHORT TITLE.
This subpart may be cited as the ‘‘Elementary Mathe-
matics and Science Equipment Act’’.
SEC. 942. STATEMENT OF PURPOSE.
It is the purpose of this subpart to raise the quality
of instruction in mathematics and science in the Nation’s
elementary schools by providing equipment and materials
necessary for hands-on instruction through assistance to
State and local educational agencies.
SEC. 943. PROGRAM AUTHORIZED.
The Secretary is authorized to make allotments to
State educational agencies under section 944 to enable such
agencies to award grants to local educational agencies for
the purpose of providing equipment and materials to ele-
mentary schools to improve mathematics and science edu-
cation in such schools.
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SEC. 944. ALLOTMENTS OF FUNDS.
(a) IN GENERAL.—From the amount appropriated
under section 950 for any fiscal year, the Secretary shall
reserve—
(1) not more than one-half of 1 percent for allot-
ment among Guam, American Samoa, the Virgin Is-
lands, the Northern Mariana Islands, the Republic of
the Marshall Islands, the Federated States of Microne-
sia, and the Republic of Palau according to their re-
spective needs for assistance under this subpart; and
(2) one-half of 1 percent for programs for Indian
students served by schools funded by the Secretary of
the Interior which are consistent with the purposes of
this subpart.
(b) ALLOTMENT.—The remainder of the amount so ap-
propriated (after meeting requirements in subsection (a))
shall be allotted among State educational agencies so that—
(1) one-half of such remainder shall be distrib-
uted by allotting to each State educational agency an
amount which bears the same ratio to such one-half
of such remainder as the number of children aged 5
to 17, inclusive, in the State bears to the number of
such children in all States; and
(2) one-half of such remainder shall be distrib-
uted according to each State’s share of allocations
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under chapter 1 of title I of the Elementary and Sec-
ondary Education Act of 1965,
except that no State educational agency shall receive less
than one-half of 1 percent of the amount available under
this subsection in any fiscal year or less than the amount
allotted to such State for fiscal year 1988 under title II
of the Education for Economic Security Act.
(c) REALLOTMENT OF UNUSED FUNDS.—The amount
of any State educational agency’s allotment under sub-
section (b) for any fiscal year to carry out this subpart
which the Secretary determines will not be required for that
fiscal year to carry out this subpart shall be available for
reallotment from time to time, on such dates during that
year as the Secretary may determine, to other State edu-
cational agencies in proportion to the original allotments
to those State educational agencies under subsection (b) for
that year but with such proportionate amount for any of
those other State educational agencies being reduced to the
extent it exceeds the sum the Secretary estimates that the
State educational agency needs and will be able to use for
that year, and the total of those reductions shall be simi-
larly reallotted among the State educational agencies whose
proportionate amounts were not so reduced. Any amounts
reallotted to a State educational agency under this sub-
section during a year shall be deemed a subpart of the State
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educational agency’s allotment under subsection (b) for that
year.
(d) DEFINITION.—For the purposes of this subpart the
term ‘‘State’’ means each of the 50 States, the District of
Columbia, and the Commonwealth of Puerto Rico.
(e) DATA.—The number of children aged 5 to 11, in-
clusive, in the State and in all States shall be determined
by the Secretary on the basis of the most recent satisfactory
data available to the Secretary.
SEC. 945. STATE APPLICATION.
(a) APPLICATION.—Each State educational agency de-
siring to receive an allotment under this subpart shall file
an application with the Secretary which covers a period
of 5 fiscal years. Such application shall be filed at such
time, in such manner, and containing or accompanied by
such information as the Secretary may reasonably require.
(b) CONTENTS OF APPLICATION.—Each application
described in subsection (a) shall—
(1) provide assurances that—
(A) the State educational agency shall use
the allotment provided under this subpart to
award grants to local educational agencies with-
in the State to enable such local educational
agencies to provide assistance to schools served
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by such agency to carry out the purpose of this
subpart;
(B) the State educational agency will pro-
vide such fiscal control and funds accounting as
the Secretary may require;
(C) every public elementary school in the
State is eligible to receive assistance under this
subpart once over the 5-year duration of the pro-
gram assisted under this subpart;
(D) funds provided under this subpart will
supplement, not supplant, State and local funds
made available for activities authorized under
this subpart;
(E) during the 5-year period described in
the application, the State educational agency
will evaluate its standards and programs for
teacher preparation and inservice professional
development for elementary mathematics and
science;
(F) the State educational agency will take
into account the needs for greater access to and
participation in mathematics and science by stu-
dents 
and 
teachers 
from 
historically
underrepresented groups, including females, mi-
norities, individuals with limited-English pro-
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ficiency, the economically disadvantaged, and in-
dividuals with disabilities; and
(G) that the needs of teachers and students
in areas with high concentrations of low-income
students and sparsely populated areas will be
given priority in awarding assistance under this
subpart;
(2) provide, if appropriate, a description of how
funds paid under this subpart will be coordinated
with State and local funds and other Federal re-
sources, particularly with respect to programs for the
professional development and inservice training of el-
ementary school teachers in science and mathematics;
and
(3) describe procedures—
(A) for submitting applications for pro-
grams described in sections 236 and 237 for dis-
tribution of assistance under this subpart within
the State; and
(B) for approval of applications by the
State educational agency, including appropriate
procedures to assure that such agency will not
disapprove an application without notice and
opportunity for a hearing.
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(c) STATE ADMINISTRATION.—Not more than 5 per-
cent of the funds allotted to each State educational agency
under this subpart shall be used for the administrative costs
of such agency associated with carrying out the program
assisted under this subpart.
SEC. 946. LOCAL APPLICATION.
(a) APPLICATION.—A local educational agency that de-
sires to receive a grant under this subpart shall submit an
application to the State educational agency. Each such ap-
plication shall contain assurances that each school served
by the local educational agency shall be eligible for assist-
ance under this subpart only once.
(b) CONTENTS OF APPLICATION.—Each application
described in subsection (a) shall—
(1) describe how the local educational agency
plans to set priorities on the use and distribution
among schools of grant funds received under this sub-
part to meet the purpose of this subpart;
(2) include assurances that the local educational
agency has made every effort to match on a dollar-
for-dollar basis from private or public sources the
funds received under this subpart, except that no such
application shall be penalized or denied assistance
under this subpart based on failure to provide such
matching funds;
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(3) describe, if applicable, how funds under this
subpart will be coordinated with State, local, and
other Federal resources, especially with respect to pro-
grams for the professional development and inservice
training of elementary school teachers in science and
mathematics; and
(4) describe the process which will be used to de-
termine different levels of assistance to be awarded to
schools with different needs.
(c) PRIORITY.—In awarding grants under this sub-
part, the State educational agency shall give priority to ap-
plications that—
(1) assign highest priority to providing assist-
ance to schools which—
(A) are most seriously underequipped; or
(B) serve large numbers or percentages of
economically disadvantaged students;
(2) are attentive to the needs of underrepresented
groups in science and mathematics;
(3) demonstrate how science and mathematics
equipment will be part of a comprehensive plan of
curriculum planning or implementation and teacher
training supporting hands-on laboratory activities;
and
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(4) assign priority to providing equipment and
materials for students in grades 1 through 6.
SEC. 947. PARTICIPATION OF PRIVATE SCHOOLS.
(a) PARTICIPATION OF PRIVATE SCHOOLS.—To the ex-
tent consistent with the number of children in the State or
in the school district of each local educational agency who
are enrolled in private nonprofit elementary schools, such
State educational agency shall, after consultation with ap-
propriate private school representatives, make provision for
including services and arrangements for the benefit of such
children as will assure the equitable participation of such
children in the purposes and benefits of this subpart.
(b) WAIVER.—If by reason of any provision of State
law a local educational agency is prohibited from providing
for the participation of children or teachers from private
nonprofit schools as required by subsection (a), or if the
Secretary determines that a State or local educational agen-
cy has substantially failed or is unwilling to provide for
such participation on an equitable basis, the Secretary shall
waive such requirements and shall arrange for the provision
of services to such children or teachers subject to the require-
ment of this section. Such waivers shall be subject to con-
sultation, withholding, notice, and judicial review require-
ments described in section 1017 of the Elementary and Sec-
ondary Education Act of 1965.
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SEC. 948. PROGRAM REQUIREMENTS.
(a) COORDINATION.—Each State educational agency
receiving an allotment under this subpart shall—
(1) disseminate information to school districts
and schools, including private nonprofit elementary
schools, regarding the program assisted under this
subpart;
(2) evaluate applications of local educational
agencies;
(3) award grants to local educational agencies
based on the priorities described in section 946(c);
and
(4) evaluate local educational agencies’ end-of-
year summaries and submit such evaluation to the
Secretary.
(b) LIMITATIONS ON USE OF FUNDS.—
(1) IN GENERAL.—Except as provided in para-
graph (2), grant funds and matching funds under
this subpart only shall be used to purchase science
equipment, science materials, or mathematical ma-
nipulative materials and shall not be used for com-
puters, computer peripherals, software, textbooks, or
staff development costs.
(2) 
CAPITAL
IMPROVEMENTS.—Grant 
funds
under this subpart may not be used for capital im-
provements. Not more than 50 percent of any match-
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ing funds provided by the local educational agency
may be used for capital improvements of classroom
science facilities to support the hands-on instruction
that this subpart is intended to support, such as the
installation of electrical outlets, plumbing, lab tables
or counters, or ventilation mechanisms.
SEC. 949. FEDERAL ADMINISTRATION.
(a) TECHNICAL ASSISTANCE AND EVALUATION PROCE-
DURES.—The Secretary shall provide technical assistance
and, in consultation with State and local representatives
of the program assisted under this subpart, shall develop
procedures for State and local evaluations of the programs
assisted under this subpart.
(b) REPORT.—The Secretary shall report to the Con-
gress each year on the program assisted under this subpart.
SEC. 950. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $10,000,000
for fiscal year 1995, and such sums as may be necessary
for each of the fiscal years 1996 through 1999, to carry out
this subpart.
Subpart 4—Media Instruction
SEC. 951. MEDIA INSTRUCTION.
(a) GRANTS AUTHORIZED.—The Secretary shall enter
into a contract with an independent nonprofit organization
described in subsection (b) for the establishment of a na-
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tional multimedia television-based project directed to
homes, schools and after-school programs that is designed
to motivate and improve the reading comprehension and
writing coherence of elementary school-age children.
(b) DEMONSTRATED EFFECTIVENESS.—The Secretary
shall award the contract described in subsection (a) to an
independent nonprofit organization that has demonstrated
effectiveness in educational programming and development
on a nationwide basis.
(c) AUTHORIZATION
AND APPROPRIATIONS.—There
are authorized to be appropriated $5,000,000 for fiscal year
1995, and such sums as may be necessary for fiscal year
1996 and fiscal year 1997, to carry out this section.
Subpart 5—Star Schools
SEC. 961. STAR SCHOOLS.
Subsection (a) of section 908 of the Star Schools Assist-
ance Act (20 U.S.C. 4085b(a)) is amended by striking
‘‘greater’’ and inserting ‘‘lesser’’.
Subpart 6—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—
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(1) in the matter preceding paragraph (1), by
striking ‘‘Office of the Secretary’’ and inserting ‘‘Of-
fice of Elementary and Secondary Education’’; and
(2) by adding at the end the following new para-
graph:
‘‘(4) To act as a liaison office for the coordina-
tion 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 appro-
priate actions to facilitate the transfer of the Office of Com-
prehensive School Health Education pursuant to the
amendment made by subsection (a).
Subpart 7—Minority-Focused Civics Education
SEC. 981. SHORT TITLE.
This subpart may be cited as the ‘‘Minority-Focused
Civics Education Act of 1994’’.
SEC. 982. PURPOSES.
It is the purpose of this subpart—
(1) to encourage improved instruction for mi-
norities and Native Americans in American govern-
ment and civics through a national program of ac-
credited summer teacher training and staff develop-
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ment seminars or institutes followed by academic
year inservice training programs conducted on college
and university campuses or other appropriate sites,
for—
(A) social studies and other teachers respon-
sible for American history, government, and
civics classes; and
(B) other educators who work with minority
and Native American youth; and
(2) through such improved instruction to im-
prove minority and Native American student knowl-
edge and understanding of the American system of
government.
SEC. 983. GRANTS AUTHORIZED; AUTHORIZATION OF AP-
PROPRIATIONS.
(a) GRANTS AUTHORIZED.—
(1) IN GENERAL.—The Secretary is authorized to
make grants to eligible entities for the development
and implementation of seminars in American govern-
ment and civics for elementary and secondary school
teachers and other educators who work with minority
and Native American students.
(2) AWARD RULE.— In awarding grants under
this subpart, the Secretary shall ensure that there is
wide geographic distribution of such grants.
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(b) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated $5,000,000 for fiscal 1995,
and such sums as may be necessary for each of the fiscal
years 1996, 1997, and 1998, to carry out this subpart.
SEC. 984. DEFINITIONS.
For purposes of this subpart—
(1) the term ‘‘eligible entity’’ means a State edu-
cational agency, an institution of higher education or
a State higher education agency, or a public or pri-
vate nonprofit organization, with experience in co-
ordinating or conducting teacher training seminars
in American government and civics education, or a
consortium thereof; and
(2) the term ‘‘State higher education agency’’
means the officer or agency primarily responsible for
the State supervision of higher education.
SEC. 985. APPLICATIONS.
(a) APPLICATION REQUIRED.—Each eligible entity de-
siring a grant under this subpart shall submit an applica-
tion to the Secretary, at such time, in such manner and
containing or accompanied by such information as the Sec-
retary may reasonably require.
(b) CONTENTS OF APPLICATION.—Each application
submitted pursuant to subsection (a) shall—
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(1) define the learning objectives and course con-
tent of each seminar to be held and describe the man-
ner in which seminar participants shall receive sub-
stantive academic instruction in the principles, insti-
tutions and processes of American government;
(2) provide assurances that educators successfully
participating in each seminar will qualify for either
graduate credit or professional development or ad-
vancement credit according to the criteria established
by a State or local educational agency;
(3) describe the manner in which seminar par-
ticipants shall receive exposure to a broad array of
individuals who are actively involved in the political
process, including political party representatives
drawn equally from the major political parties, as
well as representatives of other organizations involved
in the political process;
(4) provide assurances that the seminars will be
conducted on a nonpartisan basis;
(5) describe the manner in which the seminars
will address the role of minorities or Native Ameri-
cans in the American political process, including such
topics as—
(A) the history and current political state of
minorities or Native Americans;
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(B) recent research on minority or Native
American political socialization patterns and
cognitive learning styles; and
(C) studies of political participation pat-
terns of minorities or Native Americans;
(6) describe the pedagogical elements for teachers
that will enable teachers to develop effective strategies
and lesson plans for teaching minorities or Native
American students at the elementary and secondary
school levels;
(7) identify the eligible entities which will con-
duct the seminars for which assistance is sought;
(8) in the case that the eligible entity is an insti-
tution of higher education, describe the plans for col-
laborating with national organizations in American
government and civics education;
(9) provide assurances that during the academic
year educators participating in the summer seminars
will provide inservice training programs based upon
what such educators have learned and the curricular
materials such educators have developed or acquired
for their peers in their school systems with the ap-
proval and support of their school administrators;
and
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(10) describe the activities or services for which
assistance is sought, including activities and services
such as—
(A) development of seminar curricula;
(B) development and distribution of in-
structional materials;
(C) scholarships for participating teachers;
and
(D) program assessment and evaluation.
(c) PRIORITY.—The Secretary, in approving applica-
tions for assistance under this subpart, shall give priority
to applications which demonstrate that—
(1) the applicant will serve teachers who teach in
schools with a large number or concentration of eco-
nomically disadvantaged students;
(2) the applicant has demonstrated national ex-
perience in conducting or coordinating accredited
summer seminars in American government or civics
education for elementary and secondary school teach-
ers;
(3) the applicant will coordinate or conduct sem-
inars on a national or multistate basis through a col-
laboration with an institution of higher education,
State higher education agency or a public or private
nonprofit organization, with experience in coordinat-
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ing or conducting teacher training programs in
American government and civics education;
(4) the applicant will coordinate or conduct sem-
inars designed for more than one minority student
population and for Native Americans; and
(5) the applicant will coordinate or conduct sem-
inars that offer a combination of academic instruc-
tion in American government, exposure to the prac-
tical workings of the political system, and training in
appropriate pedagogical techniques for working with
minority and Native American students.
PART C—DEFINITIONS
SEC. 991. DEFINITIONS.
For the purpose of this title—
(1) the term ‘‘elementary school’’ has the same
meaning given to such term by section 1471(8) of the
Elementary and Secondary Education Act of 1965;
(2) the term ‘‘institution of higher education’’
has the same meaning given to such term by section
1201(a) of the Higher Education Act of 1965;
(3) the term ‘‘local educational agency’’ has the
same meaning given to such term by section 1471(12)
of the Elementary and Secondary Education Act of
1965;
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(4) the term ‘‘secondary school’’ has the same
meaning given to such term by section 1471(21) of the
Elementary and Secondary Education Act of 1965;
(5) the term ‘‘Secretary’’ means the Secretary of
Education; and
(6) the term ‘‘State educational agency’’ has the
same meaning given such term by section 1471(23) of
the Elementary and Secondary Education Act of
1965.
TITLE X—PARENTS AS
TEACHERS
SEC. 1001. FINDINGS.
The Congress finds that—
(1) increased parental involvement in the edu-
cation of their children appears to be the key to long-
term gains for youngsters;
(2) providing seed money is an appropriate role
for the Federal Government to play in education;
(3) children participating in the parents as
teachers program in Missouri are found to have in-
creased cognitive or intellectual skills, language abil-
ity, social skills and other predictors of school success;
(4) most early childhood programs begin at age
3 or 4 when remediation may already be necessary;
and
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(5) many children receive no health screening be-
tween birth and the time they enter school, thus such
children miss the opportunity of having developmen-
tal delays detected early.
SEC. 1002. STATEMENT OF PURPOSE.
It is the purpose of this title to encourage States and
eligible entities to develop and expand parent and early
childhood education programs in an effort to—
(1) increase parents’ knowledge of and confidence
in child-rearing activities, such as teaching and nur-
turing their young children;
(2) strengthen partnerships between parents and
schools; and
(3) enhance the developmental progress of par-
ticipating children.
SEC. 1003. DEFINITIONS.
For the purposes of this title—
(1) the term ‘‘developmental screening’’ means
the process of measuring the progress of children to
determine if there are problems or potential problems
or advanced abilities in the areas of understanding
and use of language, perception through sight, percep-
tion through hearing, motor development and hand-
eye coordination, health, and physical development;
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(2) the term ‘‘eligible entity’’ means an entity in
a State operating a parents as teachers program;
(3) the term ‘‘eligible family’’ means any parent
with one or more children between birth and 3 years
of age;
(4) the term ‘‘lead agency’’ means—
(A) except as provided in subparagraph
(B), the office, agency, or other entity in a State
designated by the Governor to administer the
parents as teachers program authorized by this
title; or
(B) in the case of a grant awarded under
this title to an eligible entity, such eligible
entity;
(5) the term ‘‘parent education’’ includes parent
support activities, the provision of resource materials
on child development and parent-child learning ac-
tivities, private and group educational guidance, in-
dividual and group learning experiences for the par-
ent and child, and other activities that enable the
parent to improve learning in the home; and
(6) the term ‘‘parent educator’’ means a person
hired by the lead agency of a State or designated by
local entities who administers group meetings, home
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visits and developmental screening for eligible fami-
lies.
SEC. 1004. PROGRAM ESTABLISHED.
(a) AUTHORITY.—
(1) IN GENERAL.—The Secretary is authorized to
make grants in order to pay the Federal share of the
cost of establishing, expanding, or operating parents
as teachers programs in a State.
(2) ELIGIBLE RECIPIENTS.—The Secretary may
make a grant under paragraph (1) to a State, except
that, in the case of a State having an eligible entity,
the Secretary shall make the grant directly to the
eligible entity.
(b) FUNDING RULE.—Grant funds awarded under this
section shall be used so as to supplement, and to the extent
practicable, increase the level of funds that would, in the
absence of such funds, be made available from non-Federal
sources, and in no case may such funds be used so as to
supplant funds from non-Federal sources.
SEC. 1005. PROGRAM REQUIREMENTS.
(a) REQUIREMENTS.—Each State or eligible entity re-
ceiving a grant pursuant to section 1004 shall conduct a
parents as teachers program which—
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(1) establishes and operates parent education
programs, including programs of developmental
screening of children; and
(2) designates a lead State agency which—
(A) shall hire parent educators who have
had supervised experience in the care and edu-
cation of children;
(B) shall establish the number of group
meetings and home visits required to be provided
each year for each participating family, with a
minimum of 2 group meetings and 10 home vis-
its for each participating family;
(C) shall be responsible for administering
the periodic screening of participating children’s
educational, hearing and visual development,
using the Denver Developmental Test, Zimmer-
man Preschool Language Scale, or other ap-
proved screening instruments; and
(D) shall develop recruitment and retention
programs for hard-to-reach populations.
(b) LIMITATION.—Grant funds awarded under this
title shall only be used for parents as teachers programs
which serve families during the period beginning with the
birth of a child and ending when the child attains the age
of 3.
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SEC. 1006. SPECIAL RULES.
Notwithstanding any other provision of this section—
(1) no person, including home school parents,
public school parents, or private school parents, shall
be required to participate in any program of parent
education or developmental screening pursuant to the
provisions of this title;
(2) no parents as teachers program assisted
under this title shall take any action that infringes
in any manner on the right of parents to direct the
education of their children; and
(3) the provisions of section 438(c) of the General
Education Provisions Act shall apply to States and
eligible entities awarded grants under this title.
SEC. 1007. PARENTS AS TEACHERS CENTERS.
The Secretary shall establish one or more Parents As
Teachers Centers to disseminate information to, and pro-
vide technical and training assistance to, States and eligi-
ble entities establishing and operating parents as teachers
programs.
SEC. 1008. EVALUATIONS.
The Secretary shall complete an evaluation of the par-
ents as teachers programs assisted under this title within
4 years from the date of enactment of this Act, including
an assessment of such programs’ impact on at-risk children.
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SEC. 1009. APPLICATION.
Each State or eligible entity desiring a grant under
this title shall submit an application to the Secretary at
such time, in such manner and accompanied by such infor-
mation as the Secretary may reasonably require. Each such
application shall describe the activities and services for
which assistance is sought.
SEC. 1010. PAYMENTS AND FEDERAL SHARE.
(a) PAYMENTS.—The Secretary shall pay to each State
or eligible entity having an application approved under sec-
tion 1009 the Federal share of the cost of the activities de-
scribed in the application.
(b) FEDERAL SHARE.—
(1) IN GENERAL.—The Federal share—
(A) for the first year for which a State or
eligible entity receives assistance under this title
shall be 100 percent;
(B) for the second such year shall be 100
percent;
(C) for the third such year shall be 75 per-
cent;
(D) for the fourth such year shall be 50 per-
cent; and
(E) for the fifth such year shall be 25 per-
cent.
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(2) NON-FEDERAL
SHARE.—The non-Federal
share of payments under this title may be in cash or
in kind, fairly evaluated, including planned equip-
ment or services.
SEC. 1011. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $20,000,000
for fiscal year 1993, and such sums as may be necessary
for each of the fiscal years 1994 through 1997, to carry out
this title.
SEC. 1012. HOME INSTRUCTION PROGRAM FOR PRESCHOOL
YOUNGSTERS.
Subsection (b) of section 1052 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 2742(b)) is
amended by adding at the end the following new paragraph:
‘‘(4)(A)(i) In any fiscal year in which this sub-
section applies, each State that receives a grant under
this part may use not more than 20 percent of such
grant funds in accordance with this part (other than
sections 1054(a), 1054(b), and 1055) to pay the Fed-
eral share of the cost of establishing, operating, or ex-
panding a Home Instruction Program for Preschool
Youngsters that is not eligible to receive assistance
under this part due to the application of such sec-
tions.
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‘‘(ii) Each State establishing, operating or ex-
panding a Home Instruction Program for Preschool
Youngsters pursuant to clause (i) shall give priority
to establishing, operating or expanding, respectively,
such a program that targets—
‘‘(I) working poor families or near poor
families that do not qualify for assistance under
the early childhood programs under the Head
Start Act or this chapter; and
‘‘(II) parents who have limited or unsuc-
cessful formal schooling.
‘‘(B) For the purpose of carrying out subpara-
graph (A), a Home Instruction Program for Preschool
Youngsters that is not eligible to receive assistance
under this part due to the application of sections
1054(a), 1054(b), and 1055 shall be deemed to be an
eligible entity.
‘‘(C) For the purpose of this paragraph—
‘‘(i) the term ‘Home Instruction Program
for Preschool Youngsters’ means a voluntary
early-learning program, for parents with one or
more children between age 3 through 5, inclusive,
that—
‘‘(I) provides support, training, and
appropriate educational materials, nec-
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essary for parents to implement a school-
readiness, home instruction program for the
child; and
‘‘(II) includes—
‘‘(aa) group meetings with other
parents participating in the program;
‘‘(bb) individual and group learn-
ing experiences with the parent and
child;
‘‘(cc) provision of resource mate-
rials on child development and parent-
child learning activities; and
‘‘(dd) other activities that enable
the parent to improve learning in the
home;
‘‘(ii) the term ‘limited or unsuccessful for-
mal schooling’ means the—
‘‘(I) completion of secondary school
with low achievement during enrollment;
‘‘(II) 
noncompletion 
of 
secondary
school with low achievement during enroll-
ment; or
‘‘(III) lack of a certificate of gradua-
tion from a school providing secondary edu-
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cation or the recognized equivalent of such
certificate;
‘‘(iii) the term ‘near poor families’ means
families that have an income that is approxi-
mately 130 percent of the poverty line (as de-
fined by the Office of Management and Budget,
and revised annually in accordance with section
673(2) of the Community Services Block Grant
Act; and
‘‘(iv) the term ‘working poor families’
means families that—
‘‘(I) have family members—
‘‘(aa) who are working; or
‘‘(bb) who were looking for work
during the 6 months prior to the date
on which the determination is made;
and
‘‘(II) earn an income not in excess of
150 percent of the poverty line as described
in clause (iii).’’.
TITLE XI—GUN-FREE SCHOOLS
SEC. 1101. SHORT TITLE.
This title may be cited as the ‘‘Gun-Free Schools Act
of 1994’’.
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SEC. 1102. GUN-FREE REQUIREMENTS IN ELEMENTARY AND
SECONDARY 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 pro-
vided 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 ex-
pulsion requirement for a student on a case-by-case
basis.
‘‘(2) DEFINITION.—For the purpose of this sec-
tion, the term ‘‘weapon’’ means a firearm as such
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term is defined in section 921 of title 18, United
States Code.
‘‘(b) REPORT
TO STATE.—Each local educational
agency requesting assistance from the State educational
agency that is to be provided from funds made available
to the State under this Act shall provide to the State, in
the application requesting such assistance—
‘‘(1) an assurance that such local educational
agency has in effect the policy required by subsection
(a); and
‘‘(2) a description of the circumstances surround-
ing any expulsions imposed under the policy required
by subsection (a), including—
‘‘(A) the name of the school concerned;
‘‘(B) the number of students expelled from
such school; and
‘‘(C) the types of weapons concerned.’’.
TITLE XII—ENVIRONMENTAL
TOBACCO SMOKE
SEC. 1201. SHORT TITLE.
This title may be cited as the ‘‘Preventing Our Kids
From Inhaling Deadly Smoke (PRO-KIDS) Act of 1994’’.
SEC. 1202. FINDINGS.
Congress finds that—
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(1) environmental tobacco smoke comes from sec-
ondhand smoke exhaled by smokers and sidestream
smoke emitted from the burning of cigarettes, cigars,
and pipes;
(2) since citizens of the United States spend up
to 90 percent of each day indoors, there is a signifi-
cant potential for exposure to environmental tobacco
smoke from indoor air;
(3) exposure to environmental tobacco smoke oc-
curs in schools, public buildings, and other indoor fa-
cilities;
(4) recent scientific studies have concluded that
exposure to environmental tobacco smoke is a cause of
lung cancer in healthy nonsmokers and is responsible
for acute and chronic respiratory problems and other
health impacts in sensitive populations (including
children);
(5) the health risks posed by environmental to-
bacco smoke exceed the risks posed by many environ-
mental pollutants regulated by the Environmental
Protection Agency; and
(6) according to information released by the En-
vironmental Protection Agency, environmental to-
bacco smoke results in a loss to the economy of over
$3,000,000,000 per year.
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SEC. 1203. DEFINITIONS.
As used in this title:
(1) 
ADMINISTRATOR.—The 
term 
‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency.
(2) CHILDREN.—The term ‘‘children’’ means in-
dividuals who have not attained the age of 18.
(3) CHILDREN’S
SERVICES.—The term ‘‘chil-
dren’s services’’ means services that are—
(A)(i) direct health services routinely pro-
vided to children; or
(ii) any other direct services routinely pro-
vided primarily to children, including edu-
cational services; and
(B) funded, directly or indirectly, in whole
or in part, by Federal funds (including in-kind
assistance).
(4) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Health and Human Services.
SEC. 1204. NONSMOKING POLICY FOR CHILDREN’S SERV-
ICES.
(a) ISSUANCE OF GUIDELINES.—Not later than 180
days after the date of enactment of this Act, the Adminis-
trator shall issue guidelines for instituting and enforcing
a nonsmoking policy at each indoor facility where chil-
dren’s services are provided.
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(b) CONTENTS OF GUIDELINES.—A nonsmoking policy
that meets the requirements of the guidelines shall, at a
minimum, prohibit smoking in each portion of an indoor
facility where children’s services are provided that is not
ventilated separately (as defined by the Administrator)
from other portions of the facility.
SEC. 1205. TECHNICAL ASSISTANCE.
(a) IN GENERAL.—The Administrator and the Sec-
retary shall provide technical assistance to persons who pro-
vide children’s services and other persons who request tech-
nical assistance.
(b) ASSISTANCE BY THE ADMINISTRATOR.—The tech-
nical assistance provided by the Administrator under this
section shall include information to assist persons in com-
pliance with the requirements of this title.
(c) ASSISTANCE BY THE SECRETARY.—The technical
assistance provided by the Secretary under this section shall
include information for employees on smoking cessation
programs and on smoking and health issues.
SEC. 1206. FEDERALLY FUNDED PROGRAMS.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, each person who provides children’s services
shall establish and make a good-faith effort to enforce a non-
smoking policy that meets or exceeds the requirements of
subsection (b).
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(b) NONSMOKING POLICY.—
(1) GENERAL
REQUIREMENTS.—A nonsmoking
policy meets the requirements of this subsection if the
policy—
(A) is consistent with the guidelines issued
under section 1204(a);
(B) prohibits smoking in each portion of an
indoor facility used in connection with the pro-
vision of services directly to children; and
(C) where appropriate, requires that signs
stating that smoking is not permitted be posted
in each indoor facility to communicate the pol-
icy.
(2) PERMISSIBLE
FEATURES.—A nonsmoking
policy that meets the requirements of this subsection
may allow smoking in those portions of the facility—
(A) in which services are not normally pro-
vided directly to children; and
(B) that are ventilated separately from
those portions of the facility in which services
are normally provided directly to children.
(c) WAIVER.—
(1) IN GENERAL.—A person described in sub-
section (a) may publicly petition the head of the Fed-
eral agency from which the person receives Federal
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funds (including financial assistance) for a waiver
from any or all of the requirements of subsection (b).
(2) CONDITIONS FOR GRANTING A WAIVER.—Ex-
cept as provided in paragraph (3), the head of the
Federal agency may grant a waiver only—
(A) after consulting with the Administrator,
and receiving the concurrence of the Adminis-
trator;
(B) after giving an opportunity for public
hearing (at the main office of the Federal agency
or at any regional office of the agency) and com-
ment; and
(C) if the person requesting the waiver pro-
vides assurances that are satisfactory to the head
of the Federal agency (with the concurrence of
the Administrator) that—
(i) unusual extenuating circumstances
prevent the person from establishing or en-
forcing the nonsmoking policy (or a require-
ment under the policy) referred to in sub-
section (b) (including a case in which the
person shares space in an indoor facility
with another entity and cannot obtain an
agreement with the other entity to abide by
the nonsmoking policy requirement) and the
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person will establish and make a good-faith
effort to enforce an alternative nonsmoking
policy (or alternative requirement under the
policy) that will protect children from expo-
sure to environmental tobacco smoke to the
maximum extent possible; or
(ii) the person requesting the waiver
will establish and make a good-faith effort
to enforce an alternative nonsmoking policy
(or alternative requirement under the pol-
icy) that will protect children from exposure
to environmental tobacco smoke to the same
degree as the policy (or requirement) under
subsection (b).
(3) SPECIAL WAIVER.—
(A) IN GENERAL.—On receipt of an appli-
cation, the head of the Federal agency may grant
a special waiver to a person described in sub-
section (a) who employs individuals who are
members of a labor organization and provide
children’s services pursuant to a collective bar-
gaining agreement that—
(i) took effect before the date of enact-
ment of this Act; and
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(ii) includes provisions relating to
smoking privileges that are in violation of
the requirements of this section.
(B) TERMINATION OF WAIVER.—A special
waiver granted under this paragraph shall ter-
minate on the earlier of—
(i) the first expiration date (after the
date of enactment of this Act) of the collec-
tive bargaining agreement containing the
provisions relating to smoking privileges; or
(ii) the date that is 1 year after the
date specified in subsection (f).
(d) CIVIL PENALTIES.—
(1) IN GENERAL.—Any person subject to the re-
quirements of this section who fails to comply with
the requirements shall be liable to the United States
for a civil penalty in an amount not to exceed $1,000
for each violation, but in no case shall the amount be
in excess of the amount of Federal funds received by
the person for the fiscal year in which the violation
occurred for the provision of children’s services. Each
day a violation continues shall constitute a separate
violation.
(2) ASSESSMENT.—A civil penalty for a viola-
tion of this section shall be assessed by the head of the
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Federal agency that provided Federal funds (includ-
ing financial assistance) to the person (or if the head
of the Federal agency does not have the authority to
issue an order, the appropriate official) by an order
made on the record after opportunity for a hearing in
accordance with section 554 of title 5, United States
Code. Before issuing the order, the head of the Federal
agency (or the appropriate official) shall—
(A) give written notice to the person to be
assessed a civil penalty under the order of the
proposal to issue the order; and
(B) provide the person an opportunity to
request, not later than 15 days after the date of
receipt of the notice, a hearing on the order.
(3) AMOUNT OF CIVIL PENALTY.—In determining
the amount of a civil penalty under this subsection,
the head of the Federal agency (or the appropriate of-
ficial) shall take into account—
(A) the nature, circumstances, extent, and
gravity of the violation;
(B) with respect to the violator, the ability
to pay, the effect of the penalty on the ability to
continue operation, any prior history of the
same kind of violation, the degree of culpability,
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and a demonstration of willingness to comply
with the requirements of this title; and
(C) such other matters as justice may re-
quire.
(4) MODIFICATION.—The head of the Federal
agency (or the appropriate official) may compromise,
modify, or remit, with or without conditions, any
civil penalty that may be imposed under this sub-
section. The amount of the penalty as finally deter-
mined or agreed upon in compromise may be de-
ducted from any sums that the United States owes to
the person against whom the penalty is assessed.
(5) PETITION FOR REVIEW.—A person who has
requested a hearing concerning the assessment of a
penalty pursuant to paragraph (2) and is aggrieved
by an order assessing a civil penalty may file a peti-
tion for judicial review of the order with the United
States Court of Appeals for the District of Columbia
Circuit or for any other circuit in which the person
resides or transacts business. The petition may only
be filed during the 30-day period beginning on the
date of issuance of the order making the assessment.
(6) FAILURE TO PAY.—If a person fails to pay
an assessment of a civil penalty—
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(A) after the order making the assessment
has become a final order and without filing a pe-
tition for judicial review in accordance with
paragraph (5); or
(B) after a court has entered a final judg-
ment in favor of the head of the Federal agency
(or appropriate official),
the Attorney General shall recover the amount as-
sessed (plus interest at then currently prevailing rates
from the last day of the 30-day period referred to in
paragraph (5) or the date of the final judgment, as
the case may be) in an action brought in an appro-
priate district court of the United States. In the ac-
tion, the validity, amount, and appropriateness of the
penalty shall not be subject to review.
(e) EXEMPTION.—This section shall not apply to a
person who provides children’s services who—
(1) has attained the age of 18;
(2) provides children’s services—
(A) in a private residence; and
(B) only to children who are, by affinity or
consanguinity, or by court decree, a grandchild,
niece, or nephew of the provider; and
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(3) is registered and complies with any State re-
quirements that govern the children’s services pro-
vided.
(f) EFFECTIVE DATE.—This section shall take effect on
the first day of the first fiscal year beginning after the date
of enactment of this Act.
SEC. 1207. REPORT BY THE ADMINISTRATOR.
Not later than 2 years after the date of enactment of
this Act, the Administrator shall submit a report to Con-
gress that includes—
(1) information concerning the degree of compli-
ance with this title; and
(2) an assessment of the legal status of smoking
in public places.
SEC. 1208. PREEMPTION.
Nothing in this title is intended to preempt any provi-
sion of law of a State or political subdivision of a State
that is more restrictive than a provision of this title.
Attest:
Secretary.
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