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dren participate in programs or projects assisted
under this title,
for the fiscal year preceding the fiscal year in which
the determination is made. Nothing in this subsection
shall diminish the responsibility of local educational
agencies to contact, on an annual basis, appropriate
officials from private nonprofit schools within the
areas served by such agencies in order to determine
whether such schools desire that their children partici-
pate in programs assisted under this title.
‘‘(2) ADJUSTMENTS.—(A) Relative enrollments
under subsection (a) shall be adjusted, in accordance
with criteria approved by the Secretary under sub-
paragraph (B), to provide higher per pupil alloca-
tions only to local educational agencies which serve
the greatest numbers or percentages of—
‘‘(i) children living in areas with high con-
centrations of low-income families;
‘‘(ii) children from low-income families; or
‘‘(iii) children living in sparsely populated
areas.
‘‘(B) The Secretary shall review criteria submit-
ted by a State educational agency for adjusting allo-
cations under paragraph (1) and shall approve such
criteria only if the Secretary determines that such
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criteria are reasonably calculated to produce an ad-
justed allocation that reflects the relative needs within
the State’s local educational agencies based on the fac-
tors set forth in subparagraph (A).
‘‘(c) PAYMENT OF ALLOCATIONS.—
‘‘(1) DISTRIBUTION.—From the funds paid to a
State educational agency pursuant to section 13101
for a fiscal year, such agency shall distribute to each
eligible local educational agency which has submitted
an application as required in section 13303 the
amount of its allocation as determined under sub-
section (a).
‘‘(2) ADDITIONAL FUNDS.—(A) Additional funds
resulting from higher per pupil allocations provided
to a local educational agency on the basis of adjusted
enrollments of children described in subsection (a),
may, at the discretion of the local educational agency,
be allocated for expenditures to provide services for
children enrolled in public and private nonprofit
schools in direct proportion to the number of children
described in subsection (a) and enrolled in such
schools within the local educational agency.
‘‘(B) In any fiscal year, any local educational
agency that elects to allocate such additional funds in
the manner described in subparagraph (A) shall allo-
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cate all additional funds to schools within the local
educational agency in such manner.
‘‘(C) The provisions of subparagraphs (A) and
(B) may not be construed to require any school to
limit the use of such additional funds to the provision
of services to specific students or categories of stu-
dents.
‘‘PART B—STATE PROGRAMS
‘‘SEC. 13201. STATE USES OF FUNDS.
‘‘(a) AUTHORIZED ACTIVITIES.—A State educational
agency may use funds reserved for State use under this title
only for—
‘‘(1) State administration of programs under
this title including—
‘‘(A) supervision of the allocation of funds
to local educational agencies;
‘‘(B) planning, supervision, and processing
of State funds; and
‘‘(C) monitoring and evaluation of pro-
grams and activities under this title; and
‘‘(2) technical assistance and direct grants to
local educational agencies and statewide activities
which assist local educational agencies to provide tar-
geted assistance as provided in section 13301.
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‘‘(b) LIMITATIONS
AND REQUIREMENTS.—Not more
than 25 percent of funds available for State programs under
this title in any fiscal year may be used for State adminis-
tration under subsection (a)(1).
‘‘SEC. 13202. STATE APPLICATIONS.
‘‘(a) APPLICATION REQUIREMENTS.—Any State which
desires to receive grants under this title shall submit to the
Secretary an application which—
‘‘(1) designates the State educational agency as
the State agency responsible for the administration
and supervision of programs assisted under this title;
‘‘(2) sets forth planned allocation of funds re-
served for State use under section 13102(a) among the
targeted assistance programs described in section
13301 and describes programs, projects, and activities
which are designed to carry out such targeted assist-
ance, together with the reasons for the selection of
such programs, projects, and activities;
‘‘(3) provides for timely public notice and public
dissemination of the information provided pursuant
to paragraph (2);
‘‘(4)(A) provides for a biennial submission of
data on the use of funds, the types of services fur-
nished, and the students served under this title;
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‘‘(B) provides for an evaluation of the effective-
ness of programs assisted under this title;
‘‘(5) provides that the State educational agency
will keep such records and provide such information
to the Secretary as may be required for fiscal audit
and program evaluation (consistent with the respon-
sibilities of the Secretary under this title);
‘‘(6) provides assurance that, apart from tech-
nical and advisory assistance and monitoring compli-
ance with this title, the State educational agency has
not exercised and will not exercise any influence in
the decisionmaking processes of local educational
agencies as to the expenditures made pursuant to an
application under section 13301;
‘‘(7) provides the following information: (A) how
the State will adjust its formula to comply with sec-
tion 13102(b)(2), (B) how children under section
13102(b)(2)(A) are defined, (C) the basis on which a
determination of the local educational agencies under
section 13102(b)(2)(A) is made, and (D) the percent-
age of the State grant which is proposed to be allotted
on an adjusted basis under section 13102; and
‘‘(8) contains assurances that there is compliance
with the specific requirements of this title.
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‘‘(b) PERIOD OF APPLICATION.—An application filed
by the State under subsection (a) shall be for a period not
to exceed 3 years, and may be amended annually as may
be necessary to reflect changes without filing a new applica-
tion.
‘‘(c) AUDIT RULE.—Notwithstanding section 1745 of
the Omnibus Budget Reconciliation Act of 1981, local edu-
cational agencies receiving less than an average $5,000 each
year under this title need not be audited more frequently
than once every 5 years.
‘‘PART C—LOCAL TARGETED ASSISTANCE
PROGRAMS
‘‘SEC. 13301. TARGETED USE OF FUNDS.
‘‘(a) GENERAL RULE.—Funds allocated for use under
this title shall be used by State and local educational agen-
cies for targeted assistance described in subsection (b).
‘‘(b) TARGETED ASSISTANCE.—The targeted assistance
programs referred to in subsection (a) are—
‘‘(1) programs for the acquisition and use of in-
structional and educational materials, including li-
brary books, reference materials, computer software
and hardware for instructional use, and other cur-
ricular materials that will be used to improve student
achievement;
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‘‘(2) programs to improve the higher order think-
ing skills of economically disadvantaged elementary
and secondary school students and to prevent students
from dropping out of school;
‘‘(3) programs to combat illiteracy in the student
and adult population, including parent illiteracy;
‘‘(4) programs to provide for the educational
needs of gifted and talented children;
‘‘(5) school facility repair, renovation, improve-
ment and construction;
‘‘(6) school reform activities that are consistent
with the Goals 2000: Educate America Act for local
educational agencies that do not receive assistance
under that Act;
‘‘(7) school improvement programs or activities
under sections 1118 and 1119; and
‘‘(8) efforts to implement school uniform policies
to ensure the health and safety of students and the
school environment.
‘‘SEC. 13302. AUTHORIZED ACTIVITIES.
‘‘(a) IN GENERAL.—Activities authorized under this
part may include the planning, development, or operation
and expansion of programs, projects, and activities which
are designed to carry out the targeted assistance described
in section 13301. Such activities may include—
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‘‘(1) training of educational personnel and edu-
cation policymakers in any of the targeted assistance
programs described in section 13301;
‘‘(2) guidance and pupil services; and
‘‘(3) any other education or related activities
which the State or local educational agency deter-
mines will contribute to improving the programs de-
scribed in section 13301.
‘‘(b) ADMINISTRATIVE AUTHORITY.—In order to con-
duct the activities authorized by this title, each State or
local educational agency may use funds reserved for this
title to make grants to and to enter into contracts with local
educational agencies, educational service agencies, institu-
tions of higher education, libraries, museums, and other
public and private nonprofit agencies, organizations, and
institutions.
‘‘SEC. 13303. LOCAL APPLICATIONS.
‘‘(a) CONTENTS OF APPLICATION.—A local educational
agency or consortia of local educational agencies may re-
ceive an allocation of funds under this title for any year
for which an application is submitted to the State edu-
cational agency and such application is certified to meet
the requirements of this section. The State educational agen-
cy shall certify any such application if such application—
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‘‘(1) sets forth the planned allocation of funds
among targeted assistance programs described in sec-
tion 13301 and describes the programs, projects, and
activities designed to carry out such targeted assist-
ance which the State educational agency intends to
support, together with the reasons for the selection of
such programs, projects, and activities;
‘‘(2) describes how assistance under this title will
contribute to the goals of the program of improving
student achievement or improving the quality of edu-
cation for students;
‘‘(3) agrees to keep such records, and provide
such information to the State educational agency as
reasonably may be required for fiscal audit and pro-
gram evaluation, consistent with the responsibilities
of the State agency under this title; and
‘‘(4) provides, in the allocation of funds for the
assistance authorized by this title, and in the design,
planning, and implementation of such programs, for
systematic consultation with parents of children at-
tending elementary and secondary schools in the area
served by the local agency, with teachers and admin-
istrative personnel in such schools, and with other
groups involved in the implementation of this title
(such as librarians, school counselors, and other pupil
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services personnel) as may be considered appropriate
by the local educational agency.
‘‘(b) PERIOD OF APPLICATION.—An application filed
by a local educational agency under subsection (a) shall be
for a period not to exceed 3 fiscal years, may provide for
the allocation of funds among programs and purposes au-
thorized by this title for a period of 3 years, and may be
amended annually as may be necessary to reflect changes
without filing a new application.
‘‘(c) LOCAL EDUCATIONAL AGENCY DISCRETION.—
Subject to the limitations and requirements of this title, a
local educational agency shall have complete discretion in
determining how funds under this part shall be divided
among the areas of targeted assistance of this part. In exer-
cising such discretion, a local educational agency shall en-
sure that expenditures under this part carry out the pur-
poses of this title and are intended to meet the educational
needs within the schools of that local educational agency.
‘‘PART D—AUTHORIZATION OF APPROPRIATIONS
‘‘SEC. 13401. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated $325,000,000
for fiscal year 1995, and such sums as may be necessary
for each of the 4 succeeding fiscal years, to carry out this
title.
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‘‘TITLE XIV—NATIONAL
EDUCATION STATISTICS
‘‘SEC. 14001. SHORT TITLE.
‘‘This part may be cited as the ‘National Education
Statistics Act of 1994’.
‘‘SEC. 14002. FINDINGS; PURPOSE; DEFINITIONS.
‘‘(a) FINDINGS.—The Congress finds that—
‘‘(1) a Department Office of Education was es-
tablished in 1867 ‘for the purpose of collecting such
statistics and facts as shall show the condition and
progress of education in the several States and Terri-
tories, and of diffusing such information respecting
the organization and management of schools and
school systems and methods of teaching as shall aid
the people of the United States in the establishment
and maintenance of efficient school systems, and oth-
erwise promote the cause of education throughout the
country’;
‘‘(2) today, while the role of the current Depart-
ment of Education is much broader, the National
Center for Education Statistics within the Office of
Educational Research and Improvement continues to
perform those crucial original purposes; and
‘‘(3) looking to the 21st Century, the National
Center for Education Statistics must be able to design
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and undertake, effectively and efficiently, statistical
activities that will aid in the reform of our Nation’s
educational systems.
‘‘(b) PURPOSE.—It is the purpose of this part to ensure
the continuation of an effective mechanism for collecting
and reporting statistics and information showing the condi-
tion and progress of education in the United States and
other nations in order to promote and accelerate the im-
provement of American education.
‘‘(c) DEFINITIONS.—For the purpose of this part, the
term—
‘‘(1) ‘Assistant Secretary’ means the Assistant
Secretary for Educational Research and Improvement
provided for under section 202(b)(1)(E) of the De-
partment of Education Organization Act; and
‘‘(2) ‘State’ and ‘United States’—
‘‘(A) other than for the purpose of section
14011, mean each of the 50 States, the District
of Columbia, and the Commonwealth of Puerto
Rico; and
‘‘(B) for the purpose of section 14011, in-
clude Guam, American Samoa, the Virgin Is-
lands, the Commonwealth of the Northern Mari-
ana Islands, the Republic of the Marshall Is-
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lands, the Federated States of Micronesia, and
Palau.
‘‘SEC. 14003. NATIONAL CENTER FOR EDUCATION STATIS-
TICS.
‘‘(a) ESTABLISHMENT.—There is established, within
the Office of Educational Research and Improvement estab-
lished under section 209 of the Department of Education
Organization Act, a National Center for Education Statis-
tics (hereafter in this part referred to as the ‘Center’).
‘‘(b) 
COMMISSIONER
AND
ASSOCIATE
COMMIS-
SIONERS.—
‘‘(1) COMMISSIONER.—The Center shall be head-
ed by a Commissioner of Education Statistics (here-
after in this part referred to as the ‘Commissioner’)
who shall be appointed by the President, by and with
the advice and consent of the Senate, and who shall—
‘‘(A) have substantial knowledge of pro-
grams encompassed by under the authority of the
Center;
‘‘(B) be paid in accordance with section
5315 of title 5, United States Code; and
‘‘(C) serve for a term of 4 years, with the
terms to expire every fourth June 21, beginning
in 1995.
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‘‘(2) ASSOCIATE COMMISSIONERS.—The Commis-
sioner may appoint such Associate Commissioners as
the Commissioner determines are necessary and ap-
propriate.
‘‘SEC. 14004. DUTIES OF THE CENTER.
‘‘(a) DUTIES.—The Center shall collect, analyze, and
disseminate statistics and other information related to edu-
cation in the United States and in other nations, includ-
ing—
‘‘(1) acquiring, compiling (where appropriate,
on a State-by-State basis), and disseminating full
and complete statistics on the condition and progress
of education in the United States, including data
on—
‘‘(A) State and local education reform;
‘‘(B) student achievement and other edu-
cational outcomes, including data on secondary
school completions, dropouts, and adult literacy,
which education statistics and data, whenever
feasible, shall be collected, analyzed, cross-tab-
ulated and reported by sex, race or ethnicity,
and socioeconomic status;
‘‘(C) educational access and opportunity,
including data on financial aid to postsecondary
students;
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‘‘(D) teaching, including data on curricu-
lum, instruction, the conditions of the education
workplace, and the supply of, and demand for,
teachers, which may include data on the propor-
tions of women and men cross-tabulated by race
or ethnicity, teaching in subjects in which such
individuals 
have 
been 
historically
underrepresented;
‘‘(E) the learning environment, including
data on libraries and the incidence of crime, vio-
lence, and substance abuse;
‘‘(F) the financing and management of edu-
cation, including data on revenues and expendi-
tures; and
‘‘(G) the social and economic status of chil-
dren;
‘‘(2) conducting and publishing reports and
analyses of the meaning and significance of such sta-
tistics;
‘‘(3) conducting longitudinal studies, as well as
regular and special surveys and data collections, nec-
essary to report on the condition and progress of edu-
cation;
‘‘(4) assisting public and private educational
agencies, organizations, and institutions in improv-
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ing and automating their statistical and data collec-
tion activities; and
‘‘(5) acquiring and disseminating data on edu-
cational activities and student achievement in the
United States compared with those in foreign nations.
‘‘(b) SPECIAL RULE.—The Center shall ensure that
education statistics and data described in subsection (a)(1),
whenever feasible, are collected, analyzed, cross-tabulated
and reported by sex, race or ethnicity, and socioeconomic
status;
‘‘(c) TRAINING PROGRAM.—The Commissioner may es-
tablish a program to train employees of public and private
educational agencies, organizations, and institutions in the
use of the Center’s standard statistical procedures and con-
cepts and may establish a fellows program to temporarily
appoint such employees as temporary fellows at the Center
in order to assist the Center in carrying out its duties.
‘‘SEC. 14005. PERFORMANCE OF DUTIES.
‘‘(a) GRANTS, CONTRACTS, AND COOPERATIVE AGREE-
MENTS.—
‘‘(1) IN GENERAL.—In carrying out the Commis-
sioner’s duties under this part, the Commissioner
may enter into grants, contracts, and cooperative
agreements.
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‘‘(2) 
SPECIAL
RULE.—Notwithstanding 
any
other provision of law, the grants, contracts, and co-
operative agreements awarded competitively under
this section may be awarded for a period of not more
than 5 years, and may be renewed at the discretion
of the Commissioner for an additional period of not
more than 5 years.
‘‘(b) GATHERING INFORMATION.—
‘‘(1) SAMPLING.—The Commissioner may use the
statistical method known as sampling to carry out the
purpose of this part.
‘‘(2) SOURCE OF INFORMATION.—The Commis-
sioner may, as the Commissioner considers appro-
priate, use information collected—
‘‘(A) from States, local educational agencies,
schools, institutions of higher education, librar-
ies, administrators, teachers, students, the gen-
eral public, and such other individuals, organi-
zations, agencies, and institutions as the Com-
missioner may consider appropriate; and
‘‘(B) by other offices within the Department
and by other Federal departments, agencies, and
instrumentalities.
‘‘(3) COLLECTION.—The Commissioner may—
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‘‘(A) enter into interagency agreements for
the collection of statistics;
‘‘(B) arrange with any agency, organiza-
tion, or institution for the collection of statistics;
and
‘‘(C) assign employees of the Center to any
such agency, organization, or institution to as-
sist in such collection.
‘‘(4) TECHNICAL
ASSISTANCE
AND
COORDINA-
TION.—In order to maximize the effectiveness of Fed-
eral efforts to serve the educational needs of children
and youth, the Commissioner shall—
‘‘(A) provide technical assistance to Depart-
ment offices that gather data for statistical pur-
poses; and
‘‘(B) coordinate closely with other Depart-
ment offices in the collection of data.
‘‘SEC. 14006. REPORTS.
‘‘(a) REPORT ON THE CONDITION AND PROGRESS OF
EDUCATION.—The Commissioner shall, not later than June
1, 1995, and each succeeding June 1 thereafter, submit to
the President and the Congress a statistical report on the
condition and progress of education in the United States.
‘‘(b) STATISTICAL REPORTS.—The Commissioner shall
issue regular statistical reports to the President and Con-
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gress on such education topics as the Commissioner deter-
mines to be appropriate.
‘‘(c) SPECIAL REPORTS.—The Commissioner may,
whenever the Commissioner considers it appropriate, issue
special reports on particular education topics.
‘‘SEC. 14007. ADVISORY COUNCIL ON EDUCATION STATIS-
TICS.
‘‘(a) ESTABLISHMENT.—There is established, within
the Center, an Advisory Council on Education Statistics
(hereafter in this Act referred to as the ‘Council’).
‘‘(b) MEMBERSHIP.—
‘‘(1) COMPOSITION.—The Council shall be com-
posed of—
‘‘(A) 15 voting members who are users of
education data and who are appointed by the
Secretary on the basis of their experience and
eminence within the field of education statistics,
of whom at least—
‘‘(i) three shall be educators;
‘‘(ii) three shall be education policy-
makers;
‘‘(iii) three shall be professional stat-
isticians; and
‘‘(iv) three shall be education research-
ers;
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‘‘(B) the Director of the Bureau of the Cen-
sus and the Commissioner of the Bureau of
Labor Statistics, as voting, ex officio members;
and
‘‘(C) the Assistant Secretary and the Com-
missioner, as nonvoting, ex officio members.
‘‘(2) PRESIDING OFFICER.—The Secretary shall
appoint the presiding officer of the Council from
among the voting members of the Council.
‘‘(3) TERMS.—Members of the Council appointed
under paragraph (1)(A) shall be appointed for 3-year
terms except that, in the case of initial appointments,
the Secretary shall make appointments for shorter
terms to the extent necessary to avoid the expiration
of the terms of more than 5 members in the same cal-
endar year.
‘‘(4) MEETINGS.—
‘‘(A) IN GENERAL.—The Council shall meet
at the call of the presiding officer, except that the
Council shall meet—
‘‘(i) at least 2 times during each cal-
endar year; and
‘‘(ii) in addition, whenever 8 voting
members request in writing that the presid-
ing officer call a meeting.
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‘‘(B) QUORUM.—Nine voting members of the
Council shall constitute a quorum.
‘‘(5) SPECIAL RULE.—The Council shall review
general policies for the operation of the Center and
shall advise the Commissioner on standards to ensure
that statistics and other information disseminated by
the Center are of high quality and are not subject to
partisan political influence.
‘‘SEC. 14008. CONFIDENTIALITY.
‘‘(a) CONFIDENTIALITY STANDARDS.—
‘‘(1) IN GENERAL.—The Center shall develop and
enforce standards designed to protect the confidential-
ity of persons in the collection, reporting, and publi-
cation of data under this section. This section shall
not be construed to protect the confidentiality of in-
formation about institutions, organizations, and
agencies that receive grants from, or have contracts or
cooperative agreements with, the Federal Government.
‘‘(2) PROHIBITION.—No person may—
‘‘(A) use any individually identifiable in-
formation furnished under this part for any pur-
pose other than a statistical purpose;
‘‘(B) make any publication whereby the
data furnished by any particular person under
this part can be identified; or
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‘‘(C) permit anyone other than the individ-
uals authorized by the Commissioner to examine
the individual reports.
‘‘(b) ADMINISTRATION.—
‘‘(1) IN
GENERAL.—No department, bureau,
agency, officer, or employee of the Federal Govern-
ment, except the Commissioner in carrying out the
purposes of this part, shall require, for any reason,
copies of reports that have been filed under this part
with the Center or retained by any individual re-
spondent. Copies of such reports that have been so
filed or retained with the Center or any of its employ-
ees, contractors, or agents shall be immune from legal
process, and shall not, without the consent of the indi-
vidual concerned, be admitted as evidence or used for
any purpose in any action, suit, or other judicial or
administrative proceeding. This paragraph shall
apply only to individually identifiable information
(as defined in paragraph (4)(A)).
‘‘(2) EMPLOYEE OR STAFF VIOLATIONS.—Who-
ever, being or having been an employee or staff mem-
ber of the Department, having taken or subscribed the
oath of office, or having sworn to observe the limita-
tions imposed by subsection (a)(2), knowingly pub-
lishes or communicates any individually identifiable
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information (as defined in paragraph (4)(A)), the
disclosure of which is prohibited by subsection (a)(2),
and that comes into such employee or staff’s posses-
sion by reason of employment (or otherwise providing
services) under this part, shall be found guilty of a
class E felony and imprisoned for not more than 5
years, or fined as specified in section 3571 of title 18,
United States Code, or both.
‘‘(3) TEMPORARY
STAFF.—The Commissioner
may utilize temporary staff, including employees of
Federal, State, or local agencies or instrumentalities
(including local educational agencies), and employees
of private organizations to assist the Center in per-
forming its responsibilities, but only if such tem-
porary staff are sworn to observe the limitations im-
posed by this section.
‘‘(4) DEFINITIONS.—For the purposes of this sec-
tion—
‘‘(A) the term ‘individually identifiable in-
formation’ means any record, response form,
completed survey, or aggregation thereof from
which information about particular individuals
may be revealed; and
‘‘(B) the term ‘report’ means a response
provided by or about an individual to an in-
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quiry from the Center and does not include a
statistical aggregation from which individually
identifiable information cannot be revealed.
‘‘(5) VIOLATIONS.—Any person who uses any
data provided by the Center, in conjunction with any
other information or technique, to identify any indi-
vidual student, teacher, administrator, or other indi-
vidual and who knowingly discloses, publishes, or uses
such data for a purpose other than a statistical pur-
pose, or who otherwise violates subparagraph (A) or
(B) of subsection (a)(2), shall be found guilty of a
class E felony and imprisoned for not more than 5
years, or fined as specified in section 3571 of title 18,
United States Code, or both.
‘‘(6) ACCESS TO REPORTS OR RECORDS.—Noth-
ing in this section shall restrict the right of the Sec-
retary, the Comptroller General of the United States,
the Director of the Congressional Budget Office, and
the Librarian of Congress to gain access to any re-
ports or other records, including information identify-
ing individuals, in the Center’s possession, except that
the same restrictions on disclosure that apply under
paragraphs (1) and (5) of subsection (b) shall apply
to such individuals.
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‘‘SEC. 14009. DISSEMINATION.
‘‘(a) GENERAL REQUESTS.—
‘‘(1) IN
GENERAL.—The Center may furnish
transcripts or copies of tables and other statistical
records and make special statistical compilations and
surveys for State and local officials, public and pri-
vate organizations, and individuals.
‘‘(2) COMPILATIONS.—The Center shall provide
State and local educational agencies opportunities to
suggest the development of particular compilations of
statistics, surveys, and analyses that would assist
those educational agencies.
‘‘(b) CONGRESSIONAL REQUESTS.—The Center shall
furnish such special statistical compilations and surveys as
the Congress may request.
‘‘(c) JOINT STATISTICAL PROJECTS.—The Secretary
may engage in joint statistical projects related to the pur-
poses of this part, or other statistical purposes authorized
by law, with nonprofit organizations or agencies, and the
cost of such projects shall be shared equitably as determined
by the Secretary.
‘‘(d) FEES.—
‘‘(1) IN GENERAL.—Statistical compilations and
surveys under this section, other than those carried
out pursuant to subsections (b) and (c), may be made
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subject to the payment of the actual or estimated cost
of such work.
‘‘(2) FUNDS RECEIVED.—All funds received in
payment for work or services described in this sub-
section may be used to pay directly the costs of such
work or services, to repay appropriations that ini-
tially bore all or part of such costs, or to refund excess
sums when necessary.
‘‘(e) ACCESS.—
‘‘(1) OTHER
FEDERAL
AGENCIES.—The Center
shall, consistent with section 14008, participate with
other Federal agencies having a need for educational
data in providing access to educational data received
by the Center.
‘‘(2) INTERESTED PARTIES.—The Center shall,
in accordance with such terms and conditions as the
Secretary may prescribe, provide all interested par-
ties, including public and private agencies and indi-
viduals, direct access to data collected by the Center
for the purposes of research and acquiring statistical
information.
‘‘SEC. 14010. COOPERATIVE EDUCATION STATISTICS SYS-
TEMS.
‘‘(a) IN GENERAL.—The Commissioner may establish
one or more national cooperative education statistics sys-
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tems for the purpose of producing and maintaining, with
the cooperation of the States, comparable and uniform in-
formation and data on elementary and secondary edu-
cation, postsecondary education, and libraries, that are use-
ful for policymaking at the Federal, State, and local levels.
In carrying out this section, the Commissioner may provide
technical assistance, and make grants and enter into con-
tracts and cooperative agreements.
‘‘(b) MODEL DATA SYSTEM.—
‘‘(1) STUDY; 
DESIGN; 
PILOT.—The Commis-
sioner, working through the cooperative education sta-
tistics system, shall study, design, and pilot a model
data system that will yield information about spend-
ing for administration at the school, local educational
agency, and State educational agency levels, which
system shall be completed by January 1, 1997.
‘‘(2) STUDY AND REPORT.—Upon the date of
completion of the pilot model data system described in
paragraph (1), the Secretary shall study the informa-
tion obtained through the use of such data system and
other relevant information, as well as any other data
systems which are in use on such date that account
for administrative expenses at the school, local edu-
cational agency, and State educational agency level,
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and shall report to the Congress not later than July
1, 1997, regarding—
‘‘(A) the potential for the reduction of ad-
ministrative expenses at the school, local edu-
cational agency, and State educational agency
levels;
‘‘(B) the potential usefulness of such data
system to reduce such administrative expenses;
‘‘(C) any other methods which may be em-
ployed by schools, local educational agencies or
State educational agencies to reduce administra-
tive expenses and maximize the use of funds for
functions directly affecting student learning; and
‘‘(D) if appropriate, steps which may be
taken to assist schools, local educational agencies
and State educational agencies to account for
and reduce administrative expenses.
‘‘SEC. 14011. NATIONAL ASSESSMENT OF EDUCATIONAL
PROGRESS.
‘‘(a) ESTABLISHMENT.—The Commissioner shall, with
the advice of the National Assessment Governing Board es-
tablished by section 14012, carry out, through grants, con-
tracts, or cooperative agreements with one or more qualified
organizations, or consortia thereof, a National Assessment
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of Educational Progress (hereafter in this part referred to
as the ‘National Assessment’).
‘‘(b) PURPOSE; STATE ASSESSMENTS.—
‘‘(1) PURPOSE.—The purpose of the National As-
sessment is to provide a fair and accurate presen-
tation of educational achievement in reading, writing,
and the other subjects included in the third National
Education Goal, regarding student achievement and
citizenship. The Commissioner, in carrying out the
National Assessment, shall use sampling techniques
that produce data that are representative on a na-
tional and regional basis and on a State basis pursu-
ant to paragraph (2). In addition, the Commissioner
shall—
‘‘(A) collect and report data on a periodic
basis, but at least once every 2 years, on students
at ages 9, 13, and 17 and in grades 4, 8, and
12;
‘‘(B) report achievement data on a basis
that ensures valid and reliable trend reporting;
‘‘(C) include, whenever feasible, information
collected, cross-tabulated, analyzed, and reported
by sex, race or ethnicity and socioeconomic sta-
tus;
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‘‘(D) collect and report data on students re-
ceiving services under part A of title I; and
‘‘(E) ensure that achievement data are
made available on a timely basis following offi-
cial reporting, in a manner that facilitates fur-
ther analysis.
‘‘(2) STATE ASSESSMENTS.—
‘‘(A) IN GENERAL.—The Commissioner, in
carrying out the National Assessment, may con-
duct State assessments of student achievement in
grades 4, 8, and 12.
‘‘(B) STATE PARTICIPATION.—States wish-
ing to participate in State assessments shall
enter into an agreement with the Secretary pur-
suant to subsection (d)(2). Such agreement shall
contain information sufficient to give States full
information about the process for consensus deci-
sionmaking on objectives to be tested, required in
section 14012(e)(5), and of the standards for
sampling, test administration, test security, data
collection, validation, and reporting.
‘‘(C) STATE REVIEW AND RELEASE OF RE-
SULTS.—A participating State shall review and
give permission for the release of results from
any test of its students administered as a part
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of a State assessment prior to the release of such
data. Refusal by a State to release its data shall
not restrict the release of data from other States
that have approved the release of such data.
‘‘(3) PROHIBITED DATA.—In carrying out the
National Assessment, the Commissioner shall not col-
lect any data that are not directly related to the ap-
praisal of educational performance, achievement, and
traditional demographic reporting variables, or to the
fair and accurate presentation of such information.
‘‘(4) TECHNICAL ASSISTANCE.—In carrying out
the National Assessment, the Commissioner may pro-
vide technical assistance to States, localities, and
other parties.
‘‘(c) ACCESS.—
‘‘(1) PUBLIC
ACCESS.—Except as provided in
paragraph (2), the public shall have access to all
data, questions, and test instruments of the National
Assessment.
‘‘(2) 
PERSONALLY
IDENTIFIABLE
INFORMA-
TION.—
‘‘(A) IN GENERAL.—The Commissioner shall
ensure that all personally identifiable informa-
tion about students, their educational perform-
ance, and their families, and that information
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with respect to individual schools, remains con-
fidential, in accordance with section 552a of title
5, United States Code.
‘‘(B) SPECIAL RULE.—Notwithstanding any
other provision of law, the Secretary may decline
to make available to the public for a period, not
to exceed 10 years following their initial use,
cognitive questions that the Secretary intends to
reuse in the future.
‘‘(d) PARTICIPATION.—
‘‘(1) NATIONAL
AND
REGIONAL.—Participation
in the national and regional assessments by State
and local educational agencies shall be voluntary.
‘‘(2) STATE.—Participation in assessments made
on a State basis shall be voluntary. The Secretary
shall enter into an agreement with any State that de-
sires to carry out an assessment for the State under
this subsection. Each such agreement shall contain
provisions designed to ensure that the State will—
‘‘(A) participate in the assessment; and
‘‘(B) pay from non-Federal sources the non-
Federal share of participation.
‘‘(3) NON-FEDERAL SHARE.—
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‘‘(A) IN GENERAL.—For each fiscal year,
the non-Federal share for the purpose of para-
graph (2)(B) shall be—
‘‘(i) the cost of conducting the assess-
ment at the school level for all public schools
in the State sample;
‘‘(ii) the cost of coordination within
the State; and
‘‘(iii) other reasonable costs specified
by the Secretary in the agreement described
in paragraph (2).
‘‘(B) SPECIAL
RULE.—The non-Federal
share of payments under this paragraph may be
in cash or in kind, fairly valued.
‘‘(C) ADMINISTRATIVE COSTS.—The agree-
ment described in paragraph (2) shall describe
the manner in which the costs of administering
the assessment to private nonprofit schools in-
cluded in the State sample may be met.
‘‘(e) REVIEW
OF NATIONAL
AND STATE ASSESS-
MENTS.—The Secretary shall provide for continuing re-
views of both national and State assessments, including
evaluation studies by the Center and solicitation of public
comment on the conduct and usefulness of the National As-
sessment. The Secretary shall report to the Congress, the
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President, and the Nation on the findings and recommenda-
tions of such reviews. The Commissioner shall consider the
findings and recommendations in designing the competition
to select the organization, or organizations, through which
the Office carries out the National Assessment.
‘‘(f) COVERAGE AGREEMENTS.—
‘‘(1) DEPARTMENT OF DEFENSE SCHOOLS.—The
Secretary and the Secretary of Defense may enter into
an agreement, including such terms as are mutually
satisfactory, to include in the National Assessment el-
ementary and secondary schools operated by the De-
partment of Defense.
‘‘(2) BUREAU OF INDIAN AFFAIRS SCHOOLS.—
The Secretary and the Secretary of the Interior may
enter into an agreement, including such terms as are
mutually satisfactory, to include in the National As-
sessment schools for Indian children operated or sup-
ported by the Bureau of Indian Affairs.
‘‘SEC. 14012. NATIONAL ASSESSMENT GOVERNING BOARD.
‘‘(a) ESTABLISHMENT.—There is established the Na-
tional Assessment Governing Board (hereafter in this part
referred to as the ‘Board’), which shall formulate policy
guidelines for the National Assessment.
‘‘(b) MEMBERSHIP.—
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‘‘(1) APPOINTMENT
AND
COMPOSITION.—The
Board shall be appointed by the Secretary and be
composed of—
‘‘(A) two Governors, or former Governors,
who shall not be members of the same political
party;
‘‘(B) two State legislators, who shall not be
members of the same political party;
‘‘(C) two chief State school officers;
‘‘(D) one superintendent of a local edu-
cational agency;
‘‘(E) one member of a State board of edu-
cation;
‘‘(F) one member of a local board of edu-
cation;
‘‘(G) three classroom teachers representing
the grade levels at which the National Assessment
is conducted;
‘‘(H) one representative of business or in-
dustry;
‘‘(I) two curriculum specialists;
‘‘(J) three testing and measurement experts,
who shall have training and experience in the
field of testing and measurement;
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‘‘(K) one nonpublic school administrator or
policymaker;
‘‘(L) two school principals, of whom one
shall be an elementary school principal and one
shall be a secondary school principal; and
‘‘(M) four additional members who are rep-
resentatives of the general public, including par-
ents.
‘‘(2) ASSISTANT SECRETARY FOR EDUCATIONAL
RESEARCH.—The Assistant Secretary for Educational
Research and Improvement shall serve as an ex
officio, nonvoting member of the Board.
‘‘(3) SPECIAL
RULE.—The Secretary and the
Board shall ensure at all times that the membership
of the Board reflects regional, racial, gender, and cul-
tural balance and diversity and that the Board exer-
cises its independent judgment, free from inappropri-
ate influences and special interests.
‘‘(c) TERMS.—Members of the Board shall serve for
terms not to exceed 4 years which shall be staggered, as de-
termined by the Secretary. Any appointed member of the
Board who changes status under subsection (b) during the
term of the appointment of the member may continue to
serve as a member until the expiration of such term.
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‘‘(d) VACANCIES.—As vacancies occur, new members of
the Board shall be appointed by the Secretary from among
individuals who are nominated by the Board after consulta-
tion with representatives of the groups listed in subsection
(b)(1). For each vacancy, the Board shall nominate at least
3 individuals who, by reason of experience or training, are
qualified in that particular Board vacancy.
‘‘(e) DUTIES.—
‘‘(1) IN GENERAL.—In carrying out its functions
under this section the Board shall—
‘‘(A) select subject areas to be assessed (con-
sistent with section 14011(b)(1));
‘‘(B) identify appropriate achievement goals
for each age and grade in each subject area to
be tested under the National Assessment;
‘‘(C) develop assessment objectives;
‘‘(D) develop test specifications;
‘‘(E) design the methodology of the assess-
ment;
‘‘(F) develop guidelines for analysis plans
and for reporting and disseminating results;
‘‘(G) develop standards and procedures for
interstate, regional, and national comparisons;
and
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‘‘(H) take appropriate actions needed to im-
prove the form and use of the National Assess-
ment.
‘‘(2) DELEGATION.—The Board may delegate
any of the Board’s procedural and administrative
functions to its staff.
‘‘(3) COGNITIVE ITEMS.—The Board shall have
final authority on the appropriateness of cognitive
items.
‘‘(4) BIAS.—The Board shall take steps to ensure
that all items selected for use in the National Assess-
ment are free from racial, cultural, gender, or re-
gional bias.
‘‘(5) GOALS STATEMENTS.—Each learning area
assessment shall have goal statements devised through
a national consensus approach, providing for active
participation of teachers, curriculum specialists, local
school administrators, parents, and concerned mem-
bers of the general public.
‘‘(f) PERSONNEL.—
‘‘(1) IN GENERAL.—In the exercise of its respon-
sibilities, the Board shall be independent of the Sec-
retary and the other offices and officers of the Depart-
ment.
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‘‘(2) STAFF.—The Secretary may appoint, at the
direction of the Board, such staff as the Board re-
quires. Such appointments may include, for terms not
to exceed 3 years, without regard to the provisions of
title 5, United States Code, governing appointments
in the competitive service, not more than 6 technical
employees to administer this subsection, who may be
paid without regard to the provisions of chapter 51
and subchapter III of chapter 53 of such title relating
to classification and General Schedule pay rates.
‘‘(g) COMMISSIONER REPORTS.—The Commissioner
shall report to the Board at regular intervals on the Depart-
ment’s actions to implement the decisions of the Board.
‘‘(h) ADMINISTRATION.—
‘‘(1) LIMITATION.—Not to exceed 10 percent of
the funds available for the National Assessment for
any fiscal year may be used for administrative ex-
penses (including staff, consultants, and contracts)
and to carry out the Board’s duties described in sub-
section (e).
‘‘(2) APPLICABILITY OF THE FEDERAL ADVISORY
COMMITTEE ACT.—For the purposes of its administra-
tive functions, the Board shall have the authorities
authorized by the Federal Advisory Committee Act
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and shall be subject to the open meeting provisions of
that law.
‘‘SEC. 14013. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated $100,000,000
for fiscal year 1995, and such sums as may be necessary
for each of the 4 succeeding fiscal years, to carry out this
title.
‘‘TITLE XV—EDUCATION
INFRASTRUCTURE
‘‘SEC. 15001. SHORT TITLE.
‘‘This title may be cited as the ‘Education Infrastruc-
ture Act of 1994’.
‘‘SEC. 15002. FINDINGS.
‘‘The Congress finds that—
‘‘(1) improving the quality of public elementary
and secondary school libraries, media centers, and fa-
cilities will help our Nation meet the National Edu-
cation Goals;
‘‘(2) Federal, State, and local funding for the re-
pair, renovation, alteration and construction of pub-
lic elementary and secondary school libraries, media
centers, and facilities has not adequately reflected
need; and
‘‘(3) the challenges facing our Nation’s public el-
ementary and secondary schools require the concerted
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and collaborative efforts of all levels of government
and all sectors of the community.
‘‘SEC. 15003. PURPOSE.
‘‘It is the purpose of this title to help our Nation meet
the National Education Goals through the repair, renova-
tion, alteration, and construction of public elementary and
secondary school libraries, media centers, and facilities,
used for academic or vocational instruction.
‘‘SEC. 15004. DEFINITIONS.
‘‘For the purpose of this title—
‘‘(1) the term ‘alteration’ means any change to
an existing property for use for a different purpose or
function;
‘‘(2) the term ‘construction’ means the erection of
a building, structure, or facility, including the con-
current installation of equipment, site preparation,
associated roads, parking, and utilities, which pro-
vides area or cubage not previously available, includ-
ing—
‘‘(A) freestanding structures, additional
wings, 
or 
floors, 
enclosed 
courtyards 
or
entryways, and any other means to provide usa-
ble program space that did not previously exist;
and
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‘‘(B) the complete replacement of an exist-
ing facility, but only if such replacement is less
expensive than alteration, renovation, or repair
of the facility;
‘‘(3) the term ‘eligible local education agency’
means a local educational agency in which—
‘‘(A) at least 15 percent of the children that
reside in the geographic area served by such
agency are eligible to be counted under section
1123(c)(1) of this Act; or
‘‘(B) the United States owns Federal prop-
erty described in paragraph (5) of section 9014
that has an assessed value (determined as of the
time or times when acquired) aggregating 90
percent or more of the assessed value of all real
property in such agency (determined as of the
time or times when so acquired); and
‘‘(C) demonstrates in the application sub-
mitted under section 15006 that such agency has
urgent repair, renovation, alteration and con-
struction needs for its public elementary or sec-
ondary school libraries, media centers, and fa-
cilities used for academic or vocational instruc-
tion;
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‘‘(4) the term ‘renovation’ means any change to
an existing property to allow its more efficient use
within such property’s designated purpose; and
‘‘(5) the term ‘repair’ means the restoration of a
failed or failing real property facility, component, or
a building system to such a condition that such facil-
ity, component, or system may be used effectively for
its designated purpose, if, due to the nature or extent
of the deterioration or damage to such facility, com-
ponent, or system, such deterioration or damage can-
not be corrected through normal maintenance.
‘‘SEC. 15005. IMPROVEMENT OF PUBLIC ELEMENTARY AND
SECONDARY EDUCATION FACILITIES PRO-
GRAM AUTHORIZED.
‘‘(a) PROGRAM AUTHORITY.—
‘‘(1) IN GENERAL.—From amounts appropriated
under subsection (b) for any fiscal year, the Secretary
shall award grants to eligible local educational agen-
cies with applications approved under section 15006
to carry out the authorized activities described in sec-
tion 15008.
‘‘(2) SPECIAL RULE.—The Secretary may reserve
not more than 1 percent of the amount appropriated
under subsection (b) to provide assistance to Indian
schools in accordance with this title.
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‘‘(b) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated $400,000,000 for fiscal
year 1995, and such sums as may be necessary for each
of the 4 succeeding fiscal years, to carry out this title.
‘‘SEC. 15006. APPLICATIONS.
‘‘(a) APPLICATIONS REQUIRED.—Each eligible local
educational agency desiring to receive a grant under this
title shall submit an application to the Secretary.
‘‘(b) APPLICATION CONTENTS.—Each application de-
scribed in subsection (a) shall contain—
‘‘(1) an assurance that the application was de-
veloped in consultation with parents and classroom
teachers;
‘‘(2) a description of each architectural, civil,
structural, mechanical, or electrical deficiency to be
corrected with funds provided under this title, includ-
ing the priority for the repair of the deficiency;
‘‘(3) a description of the criteria used by the ap-
plicant to determine the type of corrective action nec-
essary to meet the purpose of this title;
‘‘(4) a description of the corrective action to be
supported with funds provided under this title;
‘‘(5) a cost estimate of the proposed corrective ac-
tion;
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‘‘(6) an identification of other resources, includ-
ing unused bonding capacity, that are available to
carry out the activities for which funds are requested
under this title;
‘‘(7) a description of how activities supported
with funds provided under this title will promote en-
ergy conservation; and
‘‘(8) such other information and assurances as
the Secretary may reasonably require.
‘‘SEC. 15007. AWARD OF GRANTS.
‘‘(a) CRITERIA.—The Secretary shall award grants
under this title on the basis of—
‘‘(1) high numbers or percentages of the total
number of children aged 5 to 17, inclusive, residing
in the geographic area served by an eligible local edu-
cational agency who are counted under section
1123(c)(1);
‘‘(2) the extent to which the eligible local edu-
cational agency lacks the fiscal capacity, including
the ability to raise funds through the full use of such
agency’s bonding capacity and otherwise, to under-
take the project without Federal assistance; and
‘‘(3) such other criteria as the Secretary may
prescribe by regulation.
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‘‘(b) SPECIAL RULE.—The Secretary shall only award
grants under this title if the Secretary determines that suffi-
cient funds will be provided under this title or from other
sources, including the issuance of bonds, to carry out the
activities for which assistance is sought.
‘‘(c) AWARD CATEGORIES.—
‘‘(1) IN
GENERAL.—From the funds appro-
priated to carry out this title for each fiscal year, the
Secretary shall award grants to eligible local edu-
cational agencies in each of the following categories:
‘‘(A) Eligible local educational agencies in
which the number of students enrolled is less
than 2,500.
‘‘(B) Such agencies in which such number
is 2,500 or greater but less than 5,000.
‘‘(C) Such agencies in which such number is
5,000 or greater but less than 10,000.
‘‘(D) Such agencies in which such number
is 10,000 or greater but less than 25,000.
‘‘(E) Such agencies in which such number
is 25,000 or greater but less than 50,000.
‘‘(F) Such agencies in which such number is
50,000 or greater.
‘‘(2) ALLOCATION
AMONG
CATEGORIES.—The
Secretary shall allocate funds under this title among
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the categories described in paragraph (1) on such
basis as the Secretary determines is appropriate, after
considering such factors as—
‘‘(A) the relative numbers or percentages of
students counted under section 1123(c)(1); and
‘‘(B) the relative costs of carrying out ac-
tivities under this title in eligible local edu-
cational agencies in each such category.
‘‘(d) MAXIMUM AWARD AMOUNTS.—The Secretary
shall annually set the maximum award amounts for each
category described in subsection (c)(1).
‘‘(e) FREQUENCY OF AWARDS.—No local educational
agency may receive more than one grant under this title
in any five-year period.
‘‘SEC. 15008. AUTHORIZED ACTIVITIES.
‘‘(a) IN GENERAL.—Each eligible local educational
agency receiving a grant under this title shall use the grant
funds only to—
‘‘(1) ensure the health and safety of students
through the repair, renovation, alteration, and con-
struction of a public elementary or secondary school
library, media center, or facility, used for academic
or vocational instruction; or
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‘‘(2) upgrade or alter such library, center, or fa-
cility in order to accommodate new instructional
technology.
‘‘(b) PARTICULAR ACTIVITIES.—Subject to subsection
(a), each eligible local educational agency receiving a grant
under this title may use the grant funds for activities such
as—
‘‘(1) meeting the requirements of section 504 of
the Rehabilitation Act of 1973 and the Americans
with Disabilities Act of 1990;
‘‘(2) removal or containment of severely hazard-
ous material such as asbestos, lead, and radon using
a cost-effective method;
‘‘(3) meeting Federal, State, or local codes relat-
ed to fire, air, light, noise, waste disposal, building
height, or other codes passed since the initial con-
struction of such library, center, or facility; and
‘‘(4) replacing an old such library, center, or fa-
cility that is more cost-effective to tear down than to
renovate.
‘‘SEC. 15009. REQUIREMENTS.
‘‘(a) SPECIAL RULES.—
‘‘(1) MAINTENANCE
OF
EFFORT.—An eligible
local educational agency may receive a grant under
this title for any fiscal year only if the Secretary
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finds that either the combined fiscal effort per student
or the aggregate expenditures of that agency and the
State with respect to the provision of free public edu-
cation by such local educational agency for the pre-
ceding fiscal year was not less than 90 percent of such
combined fiscal effort or aggregate expenditures for
the fiscal year for which the determination is made.
‘‘(2) SUPPLEMENT NOT SUPPLANT.—An eligible
local educational agency shall use funds received
under this title only to supplement the amount of
funds that would, in the absence of such Federal
funds, be made available from non-Federal sources for
the repair, renovation, alteration, and construction of
school facilities used for educational purposes, and
not to supplant such funds.
‘‘(b) GENERAL LIMITATIONS.—
‘‘(1) REAL PROPERTY.—No part of any grant
funds under this title shall be used for the acquisition
of any interest in real property.
‘‘(2) MAINTENANCE.—Nothing in this title shall
be construed to authorize the payment of maintenance
costs in connection with any projects constructed in
whole or in part with Federal funds provided under
this title.
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‘‘(3) 
ENVIRONMENTAL
SAFEGUARDS.—All
projects carried out with Federal funds provided
under this title shall comply with all relevant Fed-
eral, State, and local environmental laws and regula-
tions.
‘‘(4) ATHLETIC
AND
SIMILAR
FACILITIES.—No
funds received under this title shall be used for stadi-
ums or other facilities that are primarily used for
athletic contests or exhibitions or other events for
which admission is charged to the general public.
‘‘SEC. 15010. FAIR WAGES.
‘‘All laborers and mechanics employed by contractors
or subcontractors in the performance of any contract and
subcontract for the repair, renovation, alteration, or con-
struction, including painting and decorating, of any build-
ing or work that is financed in whole or in part by a grant
under this title, shall be paid wages not less than those de-
termined by the Secretary of Labor in accordance with the
Act of March 3, 1931 (commonly known as the Davis-Bacon
Act); as amended (40 U.S.C. 276a–276a–5). The Secretary
of Labor shall have the authority and functions set forth
in reorganization plan of No. 14 of 1950 (15 FR 3176; 64
Stat. 1267) and section 2 of the Act of June 1, 1934 (com-
monly known as the Copeland Anti-Kickback Act) as
amended (40 U.S.C. 276c, 48 Stat. 948).
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‘‘SEC. 15011. FEDERAL ASSESSMENT.
‘‘The Secretary shall reserve not more than 1 percent
of funds appropriated for each fiscal year under section
15005(b)—
‘‘(1) to collect such data as the Secretary deter-
mines necessary at the school, local, and State levels;
and
‘‘(2) to conduct studies and evaluations, includ-
ing national studies and evaluations, in order to—
‘‘(A) monitor the progress of projects sup-
ported with funds provided under this title; and
‘‘(B) evaluate the state of American public
elementary and secondary school libraries, media
centers, and facilities; and
‘‘(3) to report to the Congress by July 1, 1997,
regarding the findings of the studies and evaluations
described in paragraph (2).
‘‘TITLE XVI—URBAN AND RURAL
EDUCATION
‘‘SEC. 16001. DEFINITIONS.
‘‘Except as otherwise provided, for the purposes of this
title:
‘‘(1) CENTRAL CITY.—The term ‘central city’ has
the same meaning used by the Bureau of the Census.
‘‘(2) COMMUNITY-BASED
ORGANIZATION.—The
term ‘community-based organization’ means a private
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nonprofit organization that is representative of a
community or significant segments of a community
and which has a proven record of providing effective
educational or related services to individuals in the
community.
‘‘(3) COMMUNITY
AS
SCHOOL
CONCEPT.—The
term ‘community as school concept’ means the mutual
sharing of the local public school’s and the local com-
munity’s human, financial, technical, and environ-
mental resources to help meet each others needs;
‘‘(4) METROPOLITAN
STATISTICAL
AREA.—The
term ‘metropolitan statistical area’ has the same
meaning used by the Bureau of the Census.
‘‘(5) POVERTY LEVEL.—The term ‘poverty level’
means the criteria of poverty used by the Bureau of
the Census in compiling the most recent decennial
census for a family of 4 in such form as those criteria
have been updated by increases in the Consumer Price
Index for All Urban Consumers.
‘‘(6) RURAL
ELIGIBLE
LOCAL
EDUCATIONAL
AGENCY.—The term ‘rural eligible local educational
agency’ means a local educational agency—
‘‘(A)(i) in which at least 15 percent of the
children enrolled in the schools served by such
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agency are eligible to be counted under section
1123(c); and
‘‘(ii) which is not in a metropolitan statis-
tical area; or
‘‘(B) in which the total enrollment in the
schools served by such agency is less than 2,500
students and that does not serve schools located
in a metropolitan statistical area.
‘‘(7) STATE.—The term ‘State’ means each of the
several States and the District of Columbia, but does
not include Guam, American Samoa, the Common-
wealth of Puerto Rico, the United States Virgin Is-
lands, the Commonwealth of the Northern Mariana
Islands, the Republic of the Marshall Islands, the Fed-
erated States of Micronesia, and Palau.
‘‘(8) URBAN
ELIGIBLE
LOCAL
EDUCATIONAL
AGENCY.—The term ‘urban eligible local educational
agency’ means a local educational agency that—
‘‘(A) serves the largest central city in a
State;
‘‘(B) enrolls more than 30,000 students and
serves a central city with a population of at least
200,000 in a metropolitan statistical area; or
‘‘(C) enrolls between 25,000 and 30,000 stu-
dents and serves a central city with a population
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of at least 140,000 in a metropolitan statistical
area.
‘‘PART A—URBAN SCHOOLS
‘‘SEC. 16101. SHORT TITLE.
‘‘This part may be cited as the ‘Urban Schools of
America (USA) Act of 1994’.
‘‘SEC. 16102. FINDINGS.
‘‘The Congress finds that—
‘‘(1) the ability of the Nation’s major urban pub-
lic school systems to meet the Nation’s educational
goals will determine the country’s economic competi-
tiveness and academic standing in the world commu-
nity;
‘‘(2) the quality of public education in the Na-
tion’s major urban areas has a direct effect on the
economic development of the Nation’s inner cities;
‘‘(3) the success of urban public schools in boost-
ing the achievement of its minority youth attending
such schools will determine the ability of the Nation
to close the gap between the ‘haves and the have-nots’
in society;
‘‘(4) the cost to America’s businesses to provide
remedial education to secondary school graduates is
approximately $30,000,000,000 per year;
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‘‘(5) urban public schools enroll a disproportion-
ately large share of the Nation’s poor and at-risk
youth;
‘‘(6) urban public schools enroll approximately
one-third of the Nation’s poor, 40 percent of the Na-
tion’s African-American children, and 30 percent of
the Nation’s Hispanic youth;
‘‘(7) nearly 20 percent of the Nation’s limited-
English proficient children and 15 percent of the Na-
tion’s disabled youth are enrolled in urban public
schools;
‘‘(8) the academic performance of students in the
average inner-city public school system is below that
of students in most other kinds of school systems;
‘‘(9) urban public school systems have higher
dropout rates, more problems with health care, and
less parental participation than other kinds of school
systems;
‘‘(10) urban preschoolers have one-half the access
to early childhood development programs as do other
children;
‘‘(11) shortages of teachers in urban public school
systems are 2.5 times greater than such shortages in
other kinds of school systems;
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‘‘(12) declining numbers of urban minority sec-
ondary school graduates are pursuing postsecondary
educational opportunities;
‘‘(13) urban public school systems have greater
problems with teenage pregnancy, discipline, drug
abuse, and gangs than do other kinds of school sys-
tems;
‘‘(14) 75 percent of urban public school buildings
are over 25 years old, 33 percent of such buildings are
over 50 years old, and such buildings are often in se-
rious disrepair and create poor and demoralizing
working and learning conditions;
‘‘(15) solving the challenges facing our Nation’s
urban schools will require the concerted and collabo-
rative efforts of all levels of government and all sectors
of the community;
‘‘(16) Federal and State funding of urban public
schools has not adequately reflected need; and
‘‘(17) Federal funding that is well-targeted, flexi-
ble, and accountable would contribute significantly to
addressing the comprehensive needs of inner-city pub-
lic schools.
‘‘SEC. 16103. PURPOSE.
‘‘It is the purpose of this part to provide financial as-
sistance to—
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‘‘(1) assist urban public schools in meeting Na-
tional Education Goals;
‘‘(2) improve the educational and social well-
being of urban public school children;
‘‘(3) close the achievement gap between urban
and nonurban public school children, while improving
the achievement level of all children nationally;
‘‘(4) conduct coordinated research on urban pub-
lic education problems, solutions, and promising
practices;
‘‘(5) improve the Nation’s global economic and
educational competitiveness by improving the Na-
tion’s urban schools; and
‘‘(6) encourage community, parental, and busi-
ness collaboration in the improvement of urban
schools.
‘‘Subpart 1—Urban School Improvement
‘‘SEC. 16121. ALLOCATION OF FUNDS.
‘‘(a) RESERVATION.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), the
Secretary shall reserve 5 percent of the amounts ap-
propriated or otherwise made available to carry out
this subpart for any fiscal year, to provide incentive
awards in accordance with section 16126.
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‘‘(2) INAPPLICABILITY.—Paragraph (1) shall not
apply for the first year for which funds are appro-
priated to carry out this subpart.
‘‘(b) FEDERAL ALLOTMENT.—From the remainder of
the sums not reserved under subsection (a), the Secretary
shall allot to each urban eligible local educational agency
with an approved application in each fiscal year an
amount which bears the same relationship to such funds
as the amount such urban eligible local educational agency
was allocated under section 1123 (or for fiscal year 1995
only, such section’s predecessor authority) in the preceding
fiscal year bears to the total amount received under such
section in such preceding fiscal year by all urban eligible
local educational agencies.
‘‘(c) RESERVATION FOR COMMUNITY-BASED ORGANI-
ZATIONS AND NONPROFIT PARTNERSHIPS.—Each urban el-
igible local educational agency shall reserve not more than
5 percent of the amounts allotted under subsection (b) for
any fiscal year, to make as many grants as practicable for
the activities described in section 16124 to—
‘‘(1) community-based organizations; or
‘‘(2) nonprofit partnerships between the urban
eligible local educational agency and city-wide
collaboratives of private sector businesses or univer-
sities.
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‘‘(d) PAYMENTS.—The Secretary shall make annual
payments only to urban eligible local educational agencies
that—
‘‘(1) comply with the provisions of section 16125;
and
‘‘(2) demonstrate to the satisfaction of the Sec-
retary that the data submitted pursuant to section
16125 shows progress toward meeting National Edu-
cation Goals.
‘‘(e) ADMINISTRATIVE COSTS.—Not more than 5 per-
cent of any allotment or grant made under this subpart
may be used for administrative costs.
‘‘SEC. 16122. APPLICATION.
‘‘(a) APPLICATION REQUIRED.—
‘‘(1) URBAN LOCAL EDUCATIONAL AGENCIES.—
‘‘(A) IN GENERAL.—Any urban local edu-
cational agency desiring to receive an allotment
from the Secretary to carry out this subpart
shall—
‘‘(i) develop and prepare an applica-
tion;
‘‘(ii) submit to the State educational
agency the application for review and com-
ment; and
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‘‘(iii) submit the application described
in clause (i) to the Secretary for approval.
‘‘(B) DURATION.—Except as provided in
section 16125, the application described in clause
(i) may be for a period of not more than 5 years.
‘‘(2) COMMUNITY-BASED
ORGANIZATIONS
AND
NONPROFIT
PARTNERSHIPS.—Any community-based
organization or nonprofit partnership referred to in
section 16121(c) desiring to receive a grant from an
urban eligible local educational agency pursuant to
section 16126 shall—
‘‘(A) submit an application to the urban el-
igible local educational agency;
‘‘(B) describe in the application the collabo-
rative efforts undertaken with the urban eligible
local educational agency in designing a program
to meet the purposes of this subpart; and
‘‘(C) describe in the application how funds
will be used to help meet the education goals se-
lected by the urban eligible local educational
agency pursuant to subsection (b).
‘‘(b) CONTENTS
OF URBAN LOCAL EDUCATIONAL
AGENCY APPLICATION.—Each application submitted by an
urban eligible local educational agency shall include a de-
scription of—
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‘‘(1) the ranking of all schools in the urban eligi-
ble local educational agency by achievement, poverty,
and racial isolation and how such schools will be
served in accordance with section 16127(a);
‘‘(2) the community served by the urban eligible
local educational agency and the effects of the commu-
nity on the educational conditions within the schools
served by the urban eligible local educational agency;
‘‘(3) the academic and other goals selected by the
urban eligible local educational agency and their rela-
tionship to the standards set for all students under
the Goals 2000: Educate America Act or title I of this
Act;
‘‘(4) how funds received under this subpart will
be used to meet the National Education Goals selected
by the urban eligible local educational agency;
‘‘(5) how promising or successful models or pro-
grams will be replicated in designing activities as-
sisted under this subpart; and
‘‘(6) the statistical indicators and other criteria
that the urban eligible local educational agency will
use to measure progress toward meeting National
Education Goals, and a description of what the urban
eligible local educational agency has done to ensure
that any assessments used to measure such progress
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will not have a negative effect on minority or lan-
guage minority students.
‘‘SEC. 16123. PLANNING PERIOD.
‘‘Any urban eligible local educational agency requiring
additional planning efforts to meet the provisions of this
subpart may use the first 6 months of the initial program
year for planning purposes, subject to approval by the Sec-
retary, except that not more than 15 percent of the first
year’s allotment shall be used for such purposes. A written
report of the results of such planning shall be submitted
to the Secretary not later than the end of the first project
year.
‘‘SEC. 16124. USES OF FUNDS.
‘‘(a) IN GENERAL.—Funds allotted under this subpart
shall be used by urban eligible local educational agencies,
community-based organizations, or nonprofit partnerships
to meet National Education Goals through programs de-
signed to—
‘‘(1) increase the academic achievement of urban
public school children to at least the national average,
such as—
‘‘(A) effective public schools programs;
‘‘(B) tutoring, mentoring, and other activi-
ties to improve academic achievement directly;
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‘‘(C) activities designed to increase the par-
ticipation of minority and female students in
entry level and advanced courses in mathematics
and science;
‘‘(D) supplementary academic instruction;
‘‘(E) efforts to improve problem-solving and
higher-order thinking skills;
‘‘(F) programs to increase student motiva-
tion for learning; and
‘‘(G) efforts to lengthen the school day or
school year, or to reduce class sizes;
‘‘(2) ensure the readiness of all urban public
school children for school, such as—
‘‘(A) full workday, full calendar-year com-
prehensive early childhood development pro-
grams;
‘‘(B) parenting classes and parent involve-
ment activities;
‘‘(C) activities designed to coordinate pre-
kindergarten and child care programs;
‘‘(D) efforts to integrate developmentally
appropriate prekindergarten services into the
overall public school program;
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‘‘(E) upgrading the qualifications of early
childhood education staff and standards for pro-
grams;
‘‘(F) collaborative efforts with health and
social service agencies to provide comprehensive
services and to facilitate the transition from
home to school;
‘‘(G) establishment of comprehensive child
care centers in public secondary schools for stu-
dents who are parents and their children; and
‘‘(H) augmenting early childhood develop-
ment programs to meet the special educational
and cultural needs of limited-English proficient
preschool children;
‘‘(3) increase the graduation rates of urban pub-
lic school students to at least the national average,
such as—
‘‘(A) dropout prevention activities and sup-
port services for public school students at-risk of
dropping out of school;
‘‘(B) reentry, outreach, and support activi-
ties to recruit students who have dropped out of
school to return to school;
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‘‘(C) development of systemwide policies
and practices that encourage students to stay in
school;
‘‘(D) efforts to provide individualized stu-
dent support, such as mentoring programs;
‘‘(E) collaborative activities between schools,
parents, community groups, agencies, and insti-
tutions of higher education aimed at preventing
individuals from dropping out of school;
‘‘(F) programs to increase student attend-
ance; and
‘‘(G) alternative programs for students, es-
pecially bilingual and special education stu-
dents, who have dropped out of school or are at
risk of dropping out of school;
‘‘(4) prepare urban public school students to
enter higher education, pursue careers, and exercise
their responsibilities as citizens, such as—
‘‘(A) activities designed to increase the
number and percentages of students, particularly
minority students, enrolling in postsecondary
educational institutions after graduation from
public secondary schools;
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HR 6 EAS
‘‘(B) in-school youth employment, voca-
tional education, and career education programs
that improve the transition from school to work;
‘‘(C) activities designed in collaboration
with colleges and universities to assist urban
public school graduates in completing higher
education;
‘‘(D) efforts to increase voter registration
among eligible public secondary school students;
‘‘(E) activities designed to promote commu-
nity service and volunteerism among students,
parents, teachers, and the community; and
‘‘(F) civic education and other programs de-
signed to enhance responsible citizenship and un-
derstanding of the political process;
‘‘(5) recruit and retain qualified teachers, such
as—
‘‘(A) school-based management projects and
activities;
‘‘(B) programs designed to test efforts to in-
crease the professionalization of teachers or to
bring teachers up to national voluntary stand-
ards;
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HR 6 EAS
‘‘(C) alternative routes to certification for
qualified individuals from business, the military,
and other fields;
‘‘(D) efforts to recruit and retain teachers
in critical shortage areas, including early child-
hood teachers, mathematics and science teachers,
and special education and bilingual teachers;
‘‘(E) upgrading the skills of teacher aides
and paraprofessionals to permit such individuals
to become certified teachers;
‘‘(F) activities specifically designed to in-
crease the number of minority teachers in urban
schools;
‘‘(G) programs designed to ‘grow your own’
teachers;
‘‘(H) incentives for teachers to work in
inner-city public schools; and
‘‘(I) collaborative activities with urban uni-
versities to revise and upgrade teacher training
programs; or
‘‘(6) decrease the use of drugs and alcohol among
urban public school students and enhance the physical
and emotional health of such students, such as—
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‘‘(A) activities designed to improve the self-
esteem and self-worth of urban public school stu-
dents;
‘‘(B) the provision of health care services
and other social services and the coordination of
such services with other health care providers;
‘‘(C) programs designed to improve safety
and discipline and reduce in-school violence,
vandalism, and gang activity;
‘‘(D) activities that begin in the early
grades and are designed to prevent drug and al-
cohol abuse and smoking among students and
teachers;
‘‘(E) collaborative activities with other
agencies, businesses, and community groups to
discourage the advertisement and glorification of
drugs and alcohol;
‘‘(F) efforts to enhance health education and
nutrition education; and
‘‘(G) alternative public schools, and schools-
within-schools programs, including bilingual and
special education programs for public school stu-
dents with special needs.
‘‘(b) SPECIAL RULE.—Funds allotted under this sub-
part may be used for the planning, development, operation,
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or expansion of programs and activities that are designed
to assist urban public schools in meeting National Edu-
cation Goals, and may include—
‘‘(1) training of teachers and other educational
personnel in subject areas, or in instructional tech-
nology and methods that will improve the delivery of
services in urban settings and assist in the achieve-
ment of the National Education Goals, including staff
development efforts that emphasize multicultural and
gender and disability bias-free curricula;
‘‘(2) coordination and collaboration with other
municipal agencies, child care organizations, univer-
sities, or the private sector;
‘‘(3) parental involvement and outreach efforts
and other activities designed to enhance parental en-
couragement of student learning;
‘‘(4) guidance and psychological counseling, so-
cial work, and other support services that contribute
to progress in achieving National Education Goals;
‘‘(5) efforts to acquire and improve access to edu-
cational technology;
‘‘(6) programs to serve homeless children, chil-
dren in desegregation programs, immigrants, mi-
grants, or other highly mobile populations, even if
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such individuals do not attend a public school as-
sisted under this subpart; and
‘‘(7) efforts to improve and strengthen the cur-
riculum and coordinate services across grade levels.
‘‘(c) PRIORITY.—Each urban eligible local educational
agency submitting an application shall give priority in de-
signing the program assisted under this subpart to activi-
ties that replicate successful efforts in other urban local edu-
cational agencies or expand successful programs within the
urban eligible local educational agency.
‘‘SEC. 16125. ACCOUNTABILITY.
‘‘(a) IN GENERAL.—The Secretary may award an al-
lotment under this subpart to an urban eligible local edu-
cational agency to enable such an agency to operate a pro-
gram under this subpart for a period of not more than 5
years. If an urban eligible local educational agency receiv-
ing an allotment under this subpart meets the accountabil-
ity requirements described in subsection (b) at the end of
the 5-year period, and the requirements described in sub-
section (c) at the end of each year, as determined by the
Secretary, such agency shall be eligible to continue the
project with funds under this subpart for an additional 3-
year period.
‘‘(b) REQUIREMENTS TO MOVE TOWARD NATIONAL
EDUCATION GOALS.—
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‘‘(1) PROGRAM CONTINUATION.—Except as pro-
vided in paragraph (2), if after 5 years of receiving
an allotment under this subpart an urban eligible
local educational agency is able to demonstrate to the
satisfaction of the Secretary that such agency has in-
creased the achievement level of urban public school
students in the lowest 2 quartiles in the schools served
by such agency and assisted under this subpart as
measured by the statistical indicators and other cri-
teria specified in the application in excess of the aver-
age such achievement of such students in the 3-year
period prior to the initiation of the project, then such
agency shall be eligible to continue the project with
funds under this title for an additional 5-year period
upon reapplication under section 16122.
‘‘(2) SPECIAL RULE.—If after 5 years of receiv-
ing an allotment under this subpart an urban eligible
local educational agency is able to demonstrate to the
Secretary that it has made significant progress in
school improvement, given changes in the student
population or other factors beyond such agency’s con-
trol, then such agency shall be considered to have met
the requirements of paragraph (1) so long as the
achievement level of the schools served by such agency
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and assisted under this subpart did not decline over
the 5-year period.
‘‘(c) COLLECTION OF DATA.—Each urban eligible local
educational agency, community-based organization, univer-
sity, or nonprofit partnership receiving an allotment under
this subpart shall annually collect and submit to the Sec-
retary data based on the statistical indicators and other
criteria described in the application submitted by such
urban eligible local educational agency for the purposes of
monitoring progress in achieving National Education
Goals. Such data shall include multiple measures or indica-
tors of each variable, and may take into consideration the
mobility of students in the schools served under this sub-
part.
‘‘SEC. 16126. INCENTIVE AWARDS TO EXEMPLARY PRO-
GRAMS.
‘‘From amounts reserved pursuant to section 16121(a)
or otherwise made available, the Secretary is authorized to
make competitive awards to individual public schools par-
ticipating in a program assisted under this subpart that
demonstrate to the satisfaction of the Secretary success in
at least 3 of the following areas:
‘‘(1) Unusual or exemplary progress in achieving
the National Education Goals through programs de-
scribed in section 16124.
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‘‘(2) Exemplary or unusually effective collabo-
rative arrangements between public schools, commu-
nity-based organizations, agencies, parent groups, col-
leges and businesses.
‘‘(3) Identification, review, and removal of po-
tential barriers to student performance in achieving
National Education Goals, including a decrease in
suspensions, expulsions, in-grade retentions, and abil-
ity groupings, and lack of access to course offerings
in pre-algebra and introductory algebra.
‘‘(4) Substantial expansion of the hours that
public schools remain open for community use or stu-
dent after-school recreation.
‘‘SEC. 16127. SPECIAL RULES.
‘‘(a) RANKING OF SCHOOLS TO DETERMINE RELATIVE
NEED.—
‘‘(1) IN GENERAL.—In order to determine which
public schools are most in need of services, each urban
eligible local educational agency desiring to receive an
allotment under this subpart shall separately rank all
public elementary and secondary schools under the ju-
risdiction of such agency on the basis of—
‘‘(A) low achievement;
‘‘(B) high poverty; and
‘‘(C) racial isolation.
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‘‘(2) 
PERCENTAGE
OF
SCHOOLS
TO
BE
SERVED.—Each urban eligible local educational agen-
cy that receives an allotment under this subpart shall
serve at least 10 percent, but not more than 20 per-
cent, of the public schools under the jurisdiction of
such agency.
‘‘(3) CRITERIA FOR SCHOOLS TO BE SERVED.—
Subject to paragraph (2) of this subsection, each
urban eligible local educational agency that receives
an allotment under this subpart—
‘‘(A) shall serve any public school that is
determined to be most in need with respect to all
3 rankings described in paragraph (1);
‘‘(B) may serve any public school that is de-
termined to be most in need with respect to any
1 or more of such rankings; and
‘‘(C) may serve any public school that re-
ceived assistance under this title in a previous
fiscal year.
‘‘(b) FLEXIBILITY.—Each urban eligible local edu-
cational agency shall have the flexibility to serve homeless
children, children in schools undergoing desegregation, im-
migrants, migrants, or other highly mobile populations
within the program assisted under this subpart.
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‘‘Subpart 2—General Provisions
‘‘SEC. 16131. WHITE HOUSE CONFERENCE ON URBAN EDU-
CATION.
‘‘(a) AUTHORIZATION TO CALL CONFERENCE.—
‘‘(1) IN GENERAL.—The President is authorized
to call and conduct a White House Conference on
Urban Education (referred to in this section as the
‘Conference’) which shall be held not earlier than No-
vember 1, 1995, and not later than October 30, 1996.
‘‘(2) PURPOSE.—The purpose of the Conference
shall be to—
‘‘(A) develop recommendations and strate-
gies for the improvement of urban education;
‘‘(B) marshal the forces of the private sector,
governmental agencies at all levels, parents,
teachers, communities, and education officials to
assist urban public schools in achieving National
Education Goals; and
‘‘(C) conduct the initial planning for a per-
manent national advisory commission on urban
education.
‘‘(b) COMPOSITION OF CONFERENCE.—
‘‘(1) IN GENERAL.—The Conference shall be com-
prised of 12 individuals, including—
‘‘(A) representatives of urban public school
systems, including members of the governing
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HR 6 EAS
body of local educational agencies, and school su-
perintendents;
‘‘(B) representatives of the Congress, the De-
partment of Education, and other Federal agen-
cies;
‘‘(C) State elected officials and representa-
tives from State educational agencies; and
‘‘(D) individuals with special knowledge of
and expertise in urban education.
‘‘(2) SELECTION.—The President shall select one-
third of the participants of the Conference, the Major-
ity Leader of the Senate shall select one-third of such
participants, and the Speaker of the House of Rep-
resentatives shall select the remaining one-third of
such participants.
‘‘(3) REPRESENTATION.—In selecting the partici-
pants of the Conference, the President, the Majority
Leader of the Senate, and the Speaker of the House
of the House of Representatives shall ensure that the
participants are as representative of the ethnic, ra-
cial, and linguistic diversity of cities as is prac-
ticable.
‘‘(c) REPORT.—
‘‘(1) IN GENERAL.—Not later than 120 days fol-
lowing the termination of the Conference, a final re-
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HR 6 EAS
port of the Conference, containing such findings and
recommendations as may be made by the Conference,
shall be submitted to the President. The final report
shall be made public and, not later than 90 days after
receipt by the President, transmitted to the Congress
together with a statement of the President containing
recommendations for implementing the report.
‘‘(2) PUBLICATION
AND
DISTRIBUTION.—The
Conference is authorized to publish and distribute the
report described in this section. Copies of the report
shall be provided to the Federal depository libraries
and made available to local urban public school lead-
ers.
‘‘PART B—RURAL SCHOOLS
‘‘SEC. 16201. SHORT TITLE.
‘‘This part may be cited as the ‘Rural Schools of Amer-
ica (RSA) Act of 1994’.
‘‘SEC. 16202. FINDINGS.
‘‘The Congress finds that—
‘‘(1) the ability of America’s rural public school
systems to meet the National Education Goals will
contribute to the economic competitiveness and aca-
demic standing of the Nation in the world commu-
nity;
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‘‘(10) shortages of teachers for rural public school
systems is greater than in other kinds of school sys-
tems;
‘‘(11) a declining number of rural public second-
ary school graduates are pursuing postsecondary edu-
cation opportunities;
‘‘(12) the average age of rural public school
buildings is more than 45 years old and such build-
ings are often in serious disrepair, creating poor and
demoralizing working and learning conditions;
‘‘(13) solving the challenges facing the Nation’s
rural public schools will require the concerted and col-
laborative efforts of all levels of government and all
sectors of the community;
‘‘(14) Federal and State funding of rural public
schools has not adequately reflected need; and
‘‘(15) Federal funding that is well-targeted, flexi-
ble, and accountable would contribute significantly to
addressing the comprehensive needs of rural public
schools.
‘‘SEC. 16203. PURPOSE.
‘‘It is the purpose of this part to provide financial as-
sistance to rural public schools most in need, to encourage
the comprehensive restructuring of America’s rural schools,
the appropriate use of telecommunications technologies for
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learning, and to support innovative programs which im-
prove performance through programs and projects designed
to—
‘‘(1) assist rural public schools in meeting Na-
tional Education Goals;
‘‘(2) encourage rural public schools to engage in
school reform;
‘‘(3) develop pilot projects that experiment with
innovative ways to teach rural public school children
more effectively;
‘‘(4) improve the educational and social well-
being of rural public school children;
‘‘(5) close the achievement gap between children
attending rural public schools and other children,
while improving the achievement level of all children
nationally;
‘‘(6) conduct coordinated research on rural edu-
cation problems, solutions, promising practices, and
distance learning technologies;
‘‘(7) improve the Nation’s global economic and
educational competitiveness by improving the Na-
tion’s rural public schools;
‘‘(8) encourage community, parental, and busi-
ness collaboration in the improvement of rural public
schools;
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HR 6 EAS
‘‘(9) encourage rural school consortia for the pur-
pose of increasing efficiency and course offerings;
‘‘(10) encourage a positive role for rural public
schools in local rural entrepreneurship and the identi-
fication of rural community economic development
opportunities;
‘‘(11) encourage community-as-school concepts,
which include the role public schools can play to as-
sist with rural community economic revitalization;
and
‘‘(12) provide meaningful inservice opportunities
for rural public school teachers.
‘‘Subpart 1—Rural School Improvement
‘‘SEC. 16221. ALLOTMENT OF FUNDS.
‘‘(a) RESERVATION.—From the amount appropriated
or otherwise made available to carry out this subpart for
any fiscal year after the first fiscal year in which the Sec-
retary awards allotments to State educational agencies
under this subpart, the Secretary shall reserve 5 percent of
such funds to provide incentive awards in accordance with
section 16226.
‘‘(b) ALLOTMENTS.—
‘‘(1) FEDERAL ALLOTMENT.—From the remain-
der of the funds not reserved under subsection (a), the
Secretary shall allot to each State educational agency
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with an approved application in each fiscal year an
amount which bears the same relationship to such
funds as the amount all rural eligible local edu-
cational agencies with approved applications in the
State were allocated under section 1123 (or for fiscal
year 1995 only, such section’s predecessor authority)
in the preceding fiscal year bears to the total amount
received under such section (or predecessor authority)
in such preceding fiscal year by all rural eligible local
educational agencies with approved applications in
all States.
‘‘(2) STATE ALLOTMENT.—
‘‘(A) RESERVATION
FOR
ADMINISTRATIVE
EXPENSES.—From amounts received pursuant to
paragraph (1), each State educational agency
may reserve not more than 1 percent of such
amount for administrative expenses.
‘‘(B) RESERVATION FOR COMMUNITY-BASED
ORGANIZATIONS
AND
NONPROFIT
PARTNER-
SHIPS.—From amounts received under para-
graph (1) for any fiscal year, each State edu-
cational agency shall reserve not more than 5
percent to make as many grants as practicable
for activities in accordance with the National
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Education Goals and described in section 16224
to—
‘‘(i) community-based organizations; or
‘‘(ii) nonprofit partnerships among
rural eligible local educational agencies,
local colleges or universities, private sector
businesses, or any combination thereof, that
enter into a written agreement with at least
one rural eligible local educational agency.
‘‘(C) FORMULA.—From the remainder of
amounts received pursuant to paragraph (1) and
not reserved pursuant to subparagraphs (A) and
(B) in each fiscal year, each State educational
agency shall allot to each rural eligible local edu-
cational agency with an approved application
an amount which bears the same relationship to
such funds as the amount such rural eligible
local educational agency was allocated under sec-
tion 1123 (or for fiscal year 1995 only, such sec-
tion’s predecessor authority) in the preceding fis-
cal year bears to the total amount received under
such section (or predecessor authority) in such
preceding fiscal year by all rural eligible local
educational agencies with approved applications
in the State.
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‘‘(D) ADMINISTRATIVE
COSTS.—Not more
than 5 percent of any rural eligible local edu-
cational agency’s allotment under this subsection
may be used for administrative costs.
‘‘(c) REALLOTMENT.—Any amounts available for real-
lotment pursuant to subsections (a) and (b) shall be reallot-
ted in the same manner as the original allotments were
made.
‘‘SEC. 16222. APPLICATION.
‘‘(a) STATE APPLICATION.—
‘‘(1) IN
GENERAL.—Each State educational
agency desiring to receive an allotment in any fiscal
year to carry out the provisions of this subpart shall
submit an application to the Secretary at such time,
in such manner, and accompanied by such informa-
tion as the Secretary may reasonably require.
‘‘(2) CONTENTS.—Each application submitted
pursuant to paragraph (1) shall—
‘‘(A) describe the State’s approach to im-
proving education in rural public schools;
‘‘(B) contain such information as the Sec-
retary may reasonably require in order to make
the allotment described in section 16221(b)(1);
and
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‘‘(C) how funds received under this subpart
will be used to meet the National Educational
Goals selected by the rural eligible local edu-
cational agency;
‘‘(D) how promising or successful models or
programs will be replicated in designing activi-
ties assisted under this subpart;
‘‘(E) which federally funded programs and
activities are being expanded under this subpart;
and
‘‘(F) the statistical indicators and other cri-
teria that the rural eligible local educational
agency will use to measure progress toward
meeting National Education Goals.
‘‘(3) DURATION.—Except as provided in section
16225, the application described in paragraph (1)
may be for a period of not more than 5 years.
‘‘(c) COMMUNITY-BASED ORGANIZATIONS AND NON-
PROFIT PARTNERSHIPS.—Any community-based organiza-
tion or nonprofit partnership described in section
16221(b)(2)(B) desiring to receive a grant from a State edu-
cational agency pursuant to such section shall—
‘‘(1) prepare and submit an application to the
State educational agency;
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‘‘(2) describe in the application the collaborative
efforts undertaken with a rural eligible local edu-
cational agency in designing a program to meet the
purposes of this part; and
‘‘(3) describe in the application how funds will
be used to help meet the education goals selected by
a rural eligible local educational agency pursuant to
subsection (b) of this section.
‘‘SEC. 16223. PLANNING PERIOD.
‘‘Any rural eligible local educational agency requiring
additional planning efforts to meet the requirements of this
subpart may use the first 3 months of the initial program
year for planning purposes, subject to approval by the State
educational agency, except that not more than 10 percent
of the first year’s allotment shall be used for such purposes.
A written report of the results of the plan shall be submitted
to the State educational agency.
‘‘SEC. 16224. USES OF FUNDS.
‘‘(a) IN GENERAL.—Funds allotted under section
16221(b)(2) shall be used by rural eligible local educational
agencies, or community-based organizations or nonprofit
partnerships described in section 16221(b)(2)(B), to meet
National Education Goals through programs designed to—
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‘‘(1) increase the academic achievement of rural
public school children to at least the national average,
including education reform initiatives, such as—
‘‘(A) effective public schools programs;
‘‘(B) tutoring, mentoring, and other activi-
ties to improve academic achievement directly;
‘‘(C) supplementary academic instruction;
‘‘(D) efforts to improve problem-solving and
higher-order critical thinking skills;
‘‘(E) programs to increase student motiva-
tion for learning;
‘‘(F) efforts to lengthen the school day,
school year, or reduce class sizes; and
‘‘(G) encouraging the establishment of rural
school consortia to increase efficiency and course
offerings;
‘‘(2) ensure the readiness of all rural children for
school, such as—
‘‘(A) full workday, full calendar-year com-
prehensive early childhood development pro-
grams;
‘‘(B) parenting classes, including parenting
classes for teenage parents, and parent involve-
ment activities;
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‘‘(C) activities designed to coordinate pre-
kindergarten and child care programs;
‘‘(D) efforts to integrate developmentally
appropriate prekindergarten services into the
overall public school program;
‘‘(E) improving the skills of early childhood
education staff and standards for programs;
‘‘(F) collaborative efforts with health and
social service agencies to provide comprehensive
services and to facilitate the transition from
home to school;
‘‘(G) establishment of comprehensive child
care centers in public secondary schools for stu-
dent-parents and their children; and
‘‘(H) augmenting early childhood develop-
ment programs to meet the special educational
and cultural needs of limited-English proficient
and migrant preschool children;
‘‘(3) increase the graduation rates of rural public
school students to at least the national average, when
funds are used to serve secondary schools, such as—
‘‘(A) dropout prevention activities and sup-
port services for students at-risk of dropping out
of school;
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‘‘(B) reentry, outreach and support activi-
ties to recruit students who have dropped out of
school to return to school;
‘‘(C) development of systemwide policies
and practices that encourage students to stay in
school;
‘‘(D) efforts to provide individualized stu-
dent support;
‘‘(E) collaborative activities between schools,
parents, community groups, agencies, and insti-
tutions of higher education aimed at preventing
individuals from dropping out of school;
‘‘(F) programs to increase student attend-
ance; and
‘‘(G) alternative programs for students, es-
pecially bilingual, special education, and mi-
grant students, who have dropped out of school
or are at risk of dropping out of school;
‘‘(4) prepare rural public school students to enter
higher education, pursue careers, and exercise their
responsibilities as citizens, such as—
‘‘(A) activities designed to increase the
number and percentages of students, enrolling in
postsecondary 
educational 
institutions 
after
graduation from secondary schools;
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‘‘(B) in-school youth employment, voca-
tional education, and career education programs
that improve the transition from school to work;
‘‘(C) activities designed in collaboration
with colleges and universities to assist rural pub-
lic school graduates in completing higher edu-
cation;
‘‘(D) activities designed in conjunction with
community colleges to provide a kindergarten
through grade 14 experience for rural public
school secondary school students;
‘‘(E) efforts to increase voter registration
among eligible public secondary school students
attending schools served by rural eligible local
educational agencies;
‘‘(F) activities designed to promote commu-
nity service and volunteerism among students,
parents, teachers, and the community;
‘‘(G) civic education, law-related education,
and other programs designed to enhance respon-
sible citizenship and understanding of the politi-
cal process; and
‘‘(H) encouraging a positive role for rural
public schools in local rural entrepreneurship
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and the identification of rural community eco-
nomic development opportunities;
‘‘(5) recruit and retain qualified teachers, such
as—
‘‘(A) school-based management projects and
activities;
‘‘(B) programs designed to increase the sta-
tus of the teaching profession;
‘‘(C) alternative routes to certification for
qualified individuals from business, the military,
and other fields;
‘‘(D) efforts to recruit and retain teachers
in critical shortage areas, including early child-
hood teachers, mathematics and science teachers,
foreign language teachers, and special education
and bilingual teachers;
‘‘(E) upgrading the skills of existing class-
room teachers through the use of year-round, sys-
tematic, comprehensive inservice training pro-
grams;
‘‘(F) upgrading the skills of teacher aides
and paraprofessionals to assist such individuals
in becoming certified teachers;
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‘‘(G) efforts specifically designed to increase
the number of minority teachers in rural public
schools;
‘‘(H) programs designed to encourage par-
ents and students to enter the teaching profes-
sion;
‘‘(I) incentives for teachers to work in rural
public schools;
‘‘(J) collaborative activities with colleges
and universities to revise and upgrade teacher
training programs to meet the needs of rural
public school students; and
‘‘(K) training activities for the purpose of
incorporating distance learning technologies; or
‘‘(6) decrease the use of drugs and alcohol among
rural public school students, and to enhance the phys-
ical and emotional health of such students, such as—
‘‘(A) activities designed to improve the self-
esteem and self-worth of rural students;
‘‘(B) the provision of health care services
and other social services and the coordination of
such services with other health care providers;
‘‘(C) programs designed to improve safety
and discipline and reduce in-school violence and
vandalism;
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‘‘(D) activities that begin in the early
grades and are designed to prevent drug and al-
cohol abuse and smoking among students;
‘‘(E) collaborative activities with other
agencies, businesses, and community groups;
‘‘(F) efforts to enhance health education and
nutrition education; and
‘‘(G) alternative public schools, and schools-
within-schools programs, including bilingual,
migrant, and special education programs for
students with special needs.
‘‘(b) SPECIAL RULE.—Funds allotted under section
16221(b)(2) may be used by rural eligible local educational
agencies, or community-based organizations or nonprofit
partnerships, described in section 16221(b)(2)(B), for the
planning, development, operation, or expansion of pro-
grams and activities that are designed to assist rural public
schools in meeting National Education Goals, and may in-
clude—
‘‘(1) training of teachers and other educational
personnel in subject areas, or instructional technology
and methods, that will improve the delivery of serv-
ices in rural settings in any of the National Edu-
cation Goal areas, including staff development efforts
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which emphasize multicultural, gender, and disability
bias-free curricula;
‘‘(2) coordination and collaboration with other
rural agencies, including State rural development
councils, child care organizations, universities, or the
private sector;
‘‘(3) parental involvement and outreach efforts
and other activities designed to enhance parental en-
couragement of student learning;
‘‘(4) guidance counseling, psychological, social
work, and other support services that contribute to
progress in achieving National Education Goals;
‘‘(5) efforts to acquire and improve access to edu-
cational technology, including distance learning tech-
nologies;
‘‘(6) programs to serve homeless children, chil-
dren in schools undergoing desegregation, immi-
grants, migrants, or other highly mobile populations,
even if such individuals do not attend a rural public
school assisted under this subpart;
‘‘(7) efforts to improve, reform and strengthen
the curriculum, especially efforts to enhance critical
thinking skills among rural students, and efforts to
coordinate services across grade levels; and
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‘‘(8) other activities designed to assist in achiev-
ing the National Education Goals.
‘‘(c) PRIORITY.—Each eligible rural local educational
agency submitting an application under this section shall
give priority in designing the program assisted under this
subpart to activities that replicate successful efforts in other
local educational agencies or expand successful programs
within the rural eligible local educational agency.
‘‘SEC. 16225. ACCOUNTABILITY.
‘‘(a) IN GENERAL.—The State educational agency
may award an allotment under this subpart to a rural eli-
gible local educational agency to enable such an agency to
operate a program under this subpart for a period of not
more than 5 years. If a rural eligible local educational
agency receiving an allotment under this subpart meets the
accountability requirements described in subsection (b) at
the end of 5 years and the requirements described in sub-
section (c) at the end of each year, as determined by the
State educational agency, such local educational agency
shall be eligible to continue the project with funds under
this subpart for an additional 3 years if such local edu-
cational agency so desires.
‘‘(b) REQUIREMENTS TO MOVE TOWARD NATIONAL
EDUCATION GOALS.—
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‘‘(1) PROGRAM CONTINUATION.—If, after 5 years
of receiving an allotment under this subpart, a rural
eligible local educational agency is able to dem-
onstrate to the satisfaction of the State educational
agency that such rural eligible local educational agen-
cy has increased the achievement within the lowest 2
quartiles of students in rural public schools assisted
under this subpart as measured by the statistical in-
dicators and other criteria specified in the applica-
tion in comparison to the year prior to the initiation
of the project, then such agency shall be eligible to
continue the project with funds under this subpart for
an additional 5 years upon reapplication under sec-
tion 16222.
‘‘(2) SPECIAL RULE.—If, after 5 years of receiv-
ing an allotment under this subpart, a rural eligible
local educational agency is able to demonstrate to the
Secretary that it has made significant progress in
school improvement, given changes in the student
population or other factors beyond such agency’s con-
trol, then such agency shall be deemed to have met the
requirements of paragraph (1) so long as the average
achievement level of the public schools assisted under
this subpart did not decline over the previous 5-year
period.
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‘‘(c) COLLECTION OF DATA AND CERTIFICATION.—
‘‘(1) IN GENERAL.—Each rural eligible local edu-
cational agency, community-based organizations or
nonprofit 
partnerships 
described 
in 
section
16221(b)(2)(B), receiving assistance under this sub-
part shall annually collect and submit to the State
educational agency data based on the statistical indi-
cators and other criteria described in the application
submitted by such rural eligible local educational
agency for the purposes of monitoring progress in
achieving the National Education Goals in accord-
ance with paragraph (2). Such data shall include
multiple measures or indicators of each variable, and
may take into consideration the mobility of students
in the public schools served under this subpart or
other special factors.
‘‘(2) CERTIFICATION.—Each rural eligible local
educational agency receiving an allotment pursuant
to section 16221(b)(2) shall annually certify to the
State educational agency that such rural eligible local
educational agency has—
‘‘(A) complied with the provisions of this
subsection; and
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‘‘(B) made progress toward meeting Na-
tional Education Goals and the goals described
in section 16222(b)(2)(D).
‘‘SEC. 16226. INCENTIVE AWARDS TO EXEMPLARY PRO-
GRAMS.
‘‘From amounts reserved pursuant to section 16221(a)
or otherwise made available, the Secretary is authorized to
make competitive awards to rural eligible local educational
agencies to enable such agencies to provide assistance to in-
dividual schools participating in a program assisted under
this subpart that demonstrate to the satisfaction of the Sec-
retary at least 3 of the following:
‘‘(1) Unusual or exemplary progress in achieving
the National Education Goals through programs de-
scribed in section 16224.
‘‘(2) Exemplary or unusually effective collabo-
rative arrangements between the schools, community-
based organizations, agencies, parent groups, colleges,
and businesses.
‘‘(3) Identification, review and removal of poten-
tial barriers to student performance in the National
Education Goal areas, such as suspensions and expul-
sions, in-grade retentions, ability grouping, lack of
access to course offerings, and other such barriers.
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‘‘Subpart 2—General Provisions
‘‘SEC. 16231. WHITE HOUSE CONFERENCE ON RURAL EDU-
CATION.
‘‘(a) AUTHORIZATION TO CALL CONFERENCE.—
‘‘(1) IN GENERAL.—The President is authorized
to call and conduct a White House Conference on
Rural Education (referred to in this section as the
‘Conference’).
‘‘(2) DATE.—The Conference described in para-
graph (1) shall be held not earlier than November 1,
1995, and not later than October 30, 1996.
‘‘(3) PURPOSE.—The purposes of the Conference
shall be to—
‘‘(A) develop recommendations and strate-
gies for the improvement of rural public edu-
cation;
‘‘(B) marshal the forces of the private sector,
governmental agencies at all levels, parents,
teachers, communities, and education officials to
assist rural public schools in achieving National
Education Goals, and make recommendations on
the roles rural public schools can play to assist
with local rural community economic revitaliza-
tion; and
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resentatives shall select the remaining one-third of
such participants.
‘‘(3) REPRESENTATION.—In selecting the partici-
pants of the Conference, the President, the Majority
Leader of the Senate, and the Speaker of the House
of Representatives shall ensure that the participants
are as representative of the ethnic, racial, and lan-
guage diversity of rural areas as is practicable.
‘‘(c) REPORT.—
‘‘(1) IN GENERAL.—Not later than 120 days fol-
lowing the termination of the Conference, a final re-
port of the Conference, containing such findings and
recommendations as may be made by the Conference,
shall be submitted to the President. The final report
shall be made public and, not later than 90 days after
receipt by the President, transmitted to the Congress
together with a statement of the President containing
recommendations for implementing the report.
‘‘(2) PUBLICATION
AND
DISTRIBUTION.—The
Conference is authorized to publish and distribute the
report described in this section. Copies of the report
shall be provided to the Federal depository libraries
and made available to local rural school leaders and
teachers.
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‘‘PART C—AUTHORIZATION OF APPROPRIATIONS
‘‘SEC. 16301. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) IN GENERAL.—There are authorized to be appro-
priated $50,000,000 for fiscal year 1995, and such sums
as may be necessary for each of the 4 succeeding fiscal years,
to carry out this title, of which—
‘‘(1) 50 percent shall be made available to carry
out part A; and
‘‘(2) 50 percent shall be made available to carry
out part B.
‘‘(b) FEDERAL FUNDS TO SUPPLEMENT NOT SUP-
PLANT
NON-FEDERAL
FUNDS.—An eligible local edu-
cational agency may use funds received under this title only
to supplement and, to the extent practicable, increase the
level of funds that would, in the absence of such Federal
funds, be made available from non-Federal sources for the
education of students participating in activities assisted
under this title, and in no such case may such funds be
used to supplant funds from non-Federal sources.
‘‘TITLE XVII—GUN-FREE
SCHOOLS
‘‘SEC. 17001. GUN-FREE REQUIREMENTS.
‘‘(a) SHORT TITLE.—This section may be cited as the
‘‘Gun-Free Schools Act of 1994’’.
‘‘(b) REQUIREMENTS.—
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‘‘(1) IN GENERAL.—Except as provided in para-
graph (3), no assistance may be provided to any local
educational agency under this Act unless such agency
has in effect a policy requiring the expulsion from
school for a period of not less than one year of any
student who is determined to have brought a weapon
to a school under the jurisdiction of such agency, ex-
cept that such policy may allow the chief administer-
ing officer of such agency to modify such expulsion re-
quirement for a student on a case-by-case basis.
‘‘(2) CONSTRUCTION.—Nothing in this title shall
be construed to prevent a local educational agency
that has expelled a student from such student’s regu-
lar school setting from providing educational services
to such student in an alternative setting, as provided
by State law, policy, or otherwise determined by such
local educational agency.
‘‘(3) SPECIAL RULE.—(A) Any local educational
agency serving a State that has enacted a State law
prior to the date of enactment of the Improving
America’s Schools Act of 1994 which is in conflict
with the not less than 1 year expulsion requirement
described in paragraph (1) shall have the period of
time described in subparagraph (B) to comply with
such requirement.
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‘‘(B) The period of time shall be the period be-
ginning on the date of enactment of the Improving
America’s Schools Act and ending 1 year after such
date.
‘‘(4) DEFINITION.—For the purpose of this sec-
tion, the term ‘weapon’ means a firearm as such term
is defined in section 921 of title 18, United States
Code.
‘‘(c) 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
(b); and
‘‘(2) a description of the circumstances surround-
ing any expulsions imposed under the policy required
by subsection (b), including—
‘‘(A) the name of the school concerned;
‘‘(B) the number of students expelled from
such school; and
‘‘(C) the types of weapons concerned.’’.
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TITLE II—AMENDMENTS TO THE
GENERAL EDUCATION PROVI-
SIONS ACT
PART A—APPLICABILITY OF THE GENERAL
EDUCATION PROVISIONS ACT
SEC. 211. TITLE; APPLICABILITY; DEFINITIONS.
Section 400 of the General Education Provisions Act
(20 U.S.C. 1221 et seq.) (hereafter in this title (other than
part G) referred to as the ‘‘Act’’) is amended to read as
follows:
‘‘SHORT TITLE; APPLICABILITY; DEFINITIONS
‘‘SEC. 400. (a) This title may be cited as the ‘General
Education Provisions Act’.
‘‘(b)(1) Except as otherwise provided, this title applies
to each applicable program of the Department of Education.
‘‘(2) Except as otherwise provided, this title does not
apply to any contract made by the Department of Edu-
cation.
‘‘(c) As used in this title, the following terms have the
following meanings:
‘‘(1) The term ‘applicable program’ means any
program for which the Secretary or the Department
has administrative responsibility as provided by law
or by delegation of authority pursuant to law. The
term includes each program for which the Secretary
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or the Department has administrative responsibility
under the Department of Education Organization Act
or under Federal law effective after the effective date
of that Act.
‘‘(2) The term ‘applicable statute’ means—
‘‘(A) the Act or the title, part, section, or
any other subdivision of an Act, as the case may
be, that authorizes the appropriation for an ap-
plicable program;
‘‘(B) this title; and
‘‘(C) any other statute that by its terms ex-
pressly controls the administration of an appli-
cable program.
‘‘(3) The term ‘Department’ means the Depart-
ment of Education.
‘‘(4) The term ‘Secretary’ means the Secretary of
Education.
‘‘(d) Nothing in this title shall be construed to affect
the applicability of title VI of the Civil Rights Act of 1964,
title IX of the Education Amendments of 1972, title V of
the Rehabilitation Act of 1973, the Age Discrimination Act,
or other statutes prohibiting discrimination, to any appli-
cable program.’’.
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PART C—APPROPRIATIONS AND EVALUATIONS
SEC. 231. AVAILABILITY OF APPROPRIATIONS.
(a) AMENDMENT TO HEADING.—The heading for sec-
tion 412 of the Act (20 U.S.C. 1225) is amended to read
as follows:
‘‘AVAILABILITY
OF
APPROPRIATIONS
ON
ACADEMIC
OR
SCHOOL-YEAR BASIS; ADDITIONAL PERIOD FOR OBLI-
GATION OF FUNDS’’.
(b) AMENDMENT TO TEXT.—Section 412 of the Act (20
U.S.C. 1225) is further amended—
(1) in subsection (a)—
(A) by striking ‘‘to educational agencies or
institutions’’;
(B) by striking ‘‘expenditure’’ and inserting
‘‘obligation’’; and
(C) by striking ‘‘agency or institution con-
cerned’’ and inserting ‘‘recipient’’;
(2) in subsection (b)—
(A) by amending the matter preceding
paragraph (2) to read as follows:
‘‘(b)(1)(A) Notwithstanding any other provision of
law, unless enacted in express limitation of this subsection,
any funds from appropriations to carry out any applicable
State formula grant program that are not obligated by a
recipient by the end of the fiscal year for which such funds
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were appropriated shall remain available for obligation by
such recipient during the succeeding fiscal year.
‘‘(B) As used in this subsection, the term ‘applicable
State formula grant program’ means an applicable pro-
gram the authorizing statute or implementing regulations
of which provide a formula for allocating program funds
among eligible States.’’; and
(B) in paragraph (2)—
(i) in the matter preceding subpara-
graph (A)—
(I) by striking ‘‘applicable pro-
gram’’ and inserting ‘‘applicable State
formula grant program’’; and
(II) by striking ‘‘and expendi-
ture’’ and inserting ‘‘and expended’’;
and
(ii) in subparagraph (B), by striking
‘‘such educational agencies or institutions’’
and inserting ‘‘the recipients of such funds’’;
and
(3) by striking subsection (c).
SEC. 232. CONTINGENT EXTENSION OF PROGRAMS.
Section 414 of the Act (20 U.S.C. 1226a) is amended
to read as follows:
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‘‘CONTINGENT EXTENSION OF PROGRAMS
‘‘SEC. 414. (a) The authorization of appropriations
for, or duration of, an applicable program shall be auto-
matically extended for two additional fiscal years unless the
Congress, in the regular session that ends prior to the termi-
nal fiscal year of such authorization or duration has passed
legislation that becomes law and extends, or has rejected leg-
islation that would have extended, the authorization or du-
ration of such program.
‘‘(b) The amount authorized to be appropriated for the
period of automatic extension under subsection (a) of an
applicable program shall be the amount authorized to be
appropriated for such program for the terminal fiscal year
of the applicable program.
‘‘(c) If the Secretary is required, in the terminal fiscal
year of an applicable program, to carry out certain acts
or make certain determinations that are necessary for the
continuation of such program, such acts or determinations
shall be required to be carried out or made during the pe-
riod of automatic extension under subsection (a).’’.
SEC. 233. BIENNIAL EVALUATION REPORT.
Section 417 of the Act (20 U.S.C. 1226c) is amended
to read as follows:
‘‘BIENNIAL EVALUATION REPORT
‘‘SEC. 417. Not later than March 31, 1995, and every
2 years thereafter, the Secretary shall transmit to the Com-
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mittee on Education and Labor of the House of Representa-
tives and the Committee on Labor and Human Resources
of the Senate an evaluation report on the effectiveness of
applicable programs in achieving their legislated intent and
purposes during the 2 preceding fiscal years. Such report
shall—
‘‘(1) contain program profiles that include legis-
lative citations, multiyear funding histories, and leg-
islated purposes;
‘‘(2) contain recent information on the progress
being made toward the achievement of program objec-
tives, including listings of program performance indi-
cators, data from performance measurement based on
the indicators, and information on the costs and bene-
fits of the applicable programs being evaluated;
‘‘(3) address significant program activities, such
as initiatives for program improvement, regulations,
and program monitoring and evaluation;
‘‘(4) list the principal analyses and studies sup-
porting the major conclusions in the report;
‘‘(5) include available data to indicate the effec-
tiveness of the programs and projects by the race, sex,
disability and age of the beneficiaries of such pro-
grams and projects; and
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‘‘(6) include the results of the program evalua-
tions conducted in accordance with section 10107 of
the Elementary and Secondary Education Act of
1965.’’.
SEC. 234. TECHNICAL AMENDMENTS.
(a) PAYMENTS.—Section 415 of the Act (20 U.S.C.
1226a–1) is amended by striking ‘‘Commissioner’’ and in-
serting ‘‘Secretary’’.
(b) PROGRAM PLANNING AND EVALUATION.—Section
420 of the Act (20 U.S.C. 1228) is amended—
(1) by striking ‘‘title I of’’ and all that follows
through ‘‘Congress)’’ and inserting ‘‘title IX of the El-
ementary and Secondary Education Act of 1965’’;
and
(2) by striking ‘‘subparagraph (C) of section
3(d)(2) or section 403(1)(C) of that Act’’ and insert-
ing ‘‘subsections (d) and (g) of section 9004 of such
Act or residing on property described in section
9014(10) of such Act’’.
SEC. 235. REPEALS.
Sections 411 (20 U.S.C. 1223), 413 (20 U.S.C. 1226),
416 (20 U.S.C. 1226b), and 419 (20 U.S.C. 1227) of the
Act are repealed.
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PART D—ADMINISTRATION OF EDUCATION
PROGRAMS
SEC. 241. JOINT FUNDING OF PROGRAMS.
Section 421A of the Act (20 U.S.C. 1231) is amended
to read as follows:
‘‘JOINT FUNDING OF PROGRAMS
‘‘SEC. 421A. (a)(1) The Secretary is authorized to
enter into arrangements with other Federal agencies to
jointly carry out projects of common interest, to transfer
to such agencies funds appropriated under any applicable
program, and to receive and use funds from such agencies,
for projects of common interest.
‘‘(2) Funds transferred or received pursuant to para-
graph (1) shall be used only in accordance with the Federal
law authorizing the appropriation of such funds and the
Federal law appropriating such funds, and shall be made
available only to parties eligible to receive such funds under
such law.
‘‘(3) If the Secretary enters into a agreement under
this subsection for the administration of a project, the agen-
cy administering the project shall use such agency’s proce-
dures to select recipients of funds under such project and
to administer the awards, unless the parties to the agree-
ment specify the use of procedures of another agency that
is a party to the agreement.
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‘‘(4) If the Secretary has entered into an agreement
authorized under this subsection and the Secretary and the
heads of the other agencies participating in the agreement
determine that joint funding is necessary to address a spe-
cial need consistent with the purposes and authorized ac-
tivities of each program that provides funding under the
joint project, the Secretary and the heads of the other par-
ticipating agencies may develop a single set of criteria for
the jointly funded project and require each applicant for
such project to submit a single application for review by
the participating agencies.
‘‘(b) The Secretary may develop the criteria for, and
require the submission of, joint applications under two or
more applicable programs under which funds are awarded
on a competitive basis, and may jointly review and approve
such applications separately from other applications under
such programs, when the Secretary determines that such
joint awards are necessary to address a special need consist-
ent with the purposes and authorized activities of each such
program. Any applicant for such a joint award shall meet
the eligibility requirements of each such program.’’.
SEC. 242. COLLECTION AND DISSEMINATION OF INFORMA-
TION.
Section 422 of the Act (20 U.S.C. 1231a) is amended
to read as follows:
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‘‘COLLECTION AND DISSEMINATION OF INFORMATION
‘‘SEC. 422. The Secretary shall—
‘‘(1) prepare and disseminate to State and local
educational agencies and institutions information
concerning applicable programs, and cooperate with
other Federal officials who administer programs af-
fecting education in disseminating information con-
cerning such programs;
‘‘(2) inform the public regarding federally sup-
ported education programs; and
‘‘(3) collect data and information on applicable
programs for the purpose of obtaining objective meas-
urements of the effectiveness of such programs in
achieving the intended purposes of such programs.’’.
SEC. 243. REVIEW OF APPLICATIONS.
Section 425 of the Act (20 U.S.C. 1231b–2) is amend-
ed—
(1) in subsection (a)—
(A) by striking ‘‘Commissioner’’ and insert-
ing ‘‘Secretary’’;
(B) by striking ‘‘and in the case of the pro-
gram provided for in title I of the Elementary
and Secondary Education Act of 1965,’’;
(C) in the third sentence, by inserting a
comma after ‘‘the hearing’’; and
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(D) in the fourth sentence—
(i) by striking the comma after ‘‘guide-
lines’’; and
(ii) by inserting a comma after ‘‘pro-
gram’’;
(2) in subsection (b), by striking ‘‘Commis-
sioner’’ each place such term appears and inserting
‘‘Secretary’’; and
(3) in subsection (d)—
(A) by striking ‘‘Commissioner’’ each place
such term appears and inserting ‘‘Secretary’’;
and
(B) by inserting before the period ‘‘or issue
such other orders as the Secretary may deem ap-
propriate to achieve such compliance’’.
SEC. 244. USE OF FUNDS WITHHELD.
Section 428 of the Act (20 U.S.C. 1231e) is amended
to read as follows:
‘‘USE OF FUNDS WITHHELD
‘‘SEC. 428. (a) At any time that the Secretary makes
an allotment or reallotment to any State under any appli-
cable program, the Secretary shall reduce such allotment or
reallotment by such amount as the Secretary determines
such allotment or reallotment would have been reduced, had
the data on which the allotment or reallotment is based ex-
cluded all data relating to local educational agencies of the
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State that, on the date of the Secretary’s action, are ineli-
gible to receive the Federal financial assistance involved be-
cause of failure to comply with title VI of the Civil Rights
Act of 1964, title IX of the Education Amendments of 1972,
section 504 of the Rehabilitation Act of 1973, or the Age
Discrimination Act of 1975.
‘‘(b) The Secretary may use any funds withheld under
subsection (a)—
‘‘(1) to increase the allotments or reallotments of
local educational agencies within the State that are
not described in subsection (a), or the allotments or
reallotment of all States, in accordance with the Fed-
eral law governing the program; or
‘‘(2) for grants to local educational agencies of
that State in accordance with section 405 of the Civil
Rights Act of 1964, or for any other program admin-
istered by the Department that is designed to enhance
equity in education or redress discrimination on the
basis of race, color, national origin, sex, age, or dis-
ability.’’.
SEC. 245. APPLICATIONS.
Subsection (a) of section 430 of the Act (20 U.S.C.
1231g) is amended by striking ‘‘for three fiscal years’’ and
inserting ‘‘for more than 1 fiscal year’’.
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SEC. 246. REGULATIONS.
Section 431 of the Act (20 U.S.C. 1232) is amended
to read as follows:
‘‘REGULATIONS
‘‘SEC. 431. (a) For the purpose of this section, the term
‘regulation’ means any generally applicable rule, regula-
tion, guideline, interpretation, or other requirement that—
‘‘(1) is prescribed by the Secretary or the De-
partment; and
‘‘(2) has legally binding effect in connection
with, or affecting, the provision of financial assist-
ance under any applicable program.
‘‘(b) Regulations issued by the Secretary or the Depart-
ment shall contain, immediately following each substantive
provision of such regulations, citations to the particular sec-
tion or sections of statutory law or other legal authority
on which such provision is based.
‘‘(c) All such regulations shall be uniformly applied
and enforced throughout the 50 States.
‘‘(d) The Secretary shall promulgate regulations in ac-
cordance with chapter 5 of title 5, United States Code, ex-
cept that the exemption in section 553(a)(2) of such chapter
for public property, loans, grants, and benefits shall apply
only to regulations—
‘‘(1) that govern a grant competition for the first
year of a new program; or
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‘‘(2) where the Secretary determines that the re-
quirements of this subsection will cause extreme hard-
ship to the intended beneficiaries of the program af-
fected by such regulations.
‘‘(e)(1) Following the enactment of any Act, or any
part of any Act, affecting the administration of any appli-
cable program, the Secretary shall submit to the Committee
on Education and Labor of the House of Representatives
and the Committee on Labor and Human Resources of the
Senate a schedule in accordance with which the Secretary
plans to promulgate final regulations that the Secretary de-
termines are necessary to implement such Act or part of
such Act. Subject to paragraph (2) of this subsection, such
schedule shall provide that all such final regulations shall
be promulgated within 480 days after the date of enactment
of such Act or part of such Act.
‘‘(2) If in developing such schedule the Secretary deter-
mines in an exceptional case, for good cause, that a final
regulation cannot be promulgated within the period speci-
fied in paragraph (1), the Secretary shall include in such
schedule the date by which such regulation will be promul-
gated and the reasons for such determination.
‘‘(3) Except as provided in the following sentence, all
such final regulations shall be promulgated in accordance
with such schedule. If the Secretary, for good cause, later
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determines that the Secretary cannot comply with such
schedule for reasons unforeseen at the time such schedule
was submitted, the Secretary shall notify such committees
of the reasons for such finding and submit a new schedule.
All such final regulations shall be promulgated in accord-
ance with such new schedule.
‘‘(f) Concurrently with the publication of any final
regulations, the Secretary shall transmit a copy of such
final regulations to the Speaker of the House of Representa-
tives and the President pro tempore of the Senate.’’.
SEC. 247. RECORDS; REDUCTION IN RETENTION REQUIRE-
MENTS.
Section 437 of the Act (20 U.S.C. 1232f) is amended—
(1) in subsection (a)—
(A) by striking ‘‘grant, subgrant, contract,
subcontract, loan, or other arrangement (other
than procurement contracts awarded by an ad-
ministrative head of an educational agency)’’
and inserting ‘‘grant, subgrant, cooperative
agreement, loan or other arrangement’’;
(B) 
by 
inserting 
‘‘financial 
or 
pro-
grammatic’’ before ‘‘audit.’’; and
(C) by striking the last sentence; and
(2) in subsection (b), by striking ‘‘to any records
of a recipient which may be related, or pertinent to,
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the grants, subgrants, contracts, subcontracts, loans,
or other arrangements’’ and inserting ‘‘to any records
maintained by a recipient that may be related, or
pertinent to, grants, subgrants, cooperative agree-
ments, loans, or other arrangements’’.
SEC. 247A. PRIVACY RIGHTS.
Section 438 of the Act (20 U.S.C. 1232g) is amended—
(1) in subsection (a)—
(A) in paragraph (1)—
(i) by redesignating subparagraphs (B)
and (C) as subparagraphs (C) and (D), re-
spectively; and
(ii) by inserting after subparagraph
(A) the following new subparagraph:
‘‘(B) No funds under any applicable pro-
gram shall be made available to any State edu-
cational agency (whether or not that agency is
an educational agency or institution under this
section) that has a policy of denying, or effec-
tively prevents, the parents of students the right
to inspect and review the education records
maintained by the State educational agency on
their children who are or have been in attend-
ance at any school of an educational agency or
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institution that is subject to the provisions of
this section.’’;
(iii) in clause (iii) of subparagraph
(C) (as redesignated by clause (i)), by strik-
ing ‘‘(C)’’ and inserting ‘‘(D)’’; and
(iv) in subparagraph (D) (as redesig-
nated by clause (i)), by striking ‘‘(B)’’ and
inserting ‘‘(C)’’; and
(B) in paragraph (2), by striking ‘‘or other
rights’’ and inserting ‘‘rights’’;
(2) in subsection (b)—
(A) in paragraph (1)—
(i) in subparagraph (A), by inserting
‘‘, including the educational interests of the
child for whom consent would otherwise be
required’’ before the semicolon;
(ii) in subparagraph (H), by striking
‘‘and’’ after the semicolon;
(iii) in subparagraph (I), by striking
the period and inserting ‘‘; and’’; and
(iv) by adding at the end the following
new subparagraph:
‘‘(J)(i) the entity or persons designated in
a Federal grand jury subpoena, in which case
the court shall order, for good cause shown, the
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educational agency or institution (and any offi-
cer, director, employee, agent, or attorney for
such agency or institution) on which the sub-
poena is served, to not disclose to any person the
existence or contents of the subpoena or any in-
formation furnished to the grand jury in re-
sponse to the subpoena; and
‘‘(ii) the entity or persons designated in
any other subpoena issued for a law enforcement
purpose, in which case the court or other issuing
agency may order, for good cause shown, the
educational agency or institution (and any offi-
cer, director, employee, agent, or attorney for
such agency or institution) on which the sub-
poena is served, to not disclose to any person the
existence or contents of the subpoena or any in-
formation furnished in response to the sub-
poena.’’;
(B) in paragraph (2)—
(i) by redesignating subparagraphs (A)
and (B) as clauses (i) and (ii), respectively;
(ii) in clause (ii) (as redesignated by
clause (i)), by inserting ‘‘except as provided
in paragraph (1)(J),’’ before ‘‘such informa-
tion’’; and
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(iii) by adding at the end the following
new subparagraph:
‘‘(B) If a third party outside the educational
agency or institution permits access to information in
violation of subparagraph (A)(i), or fails to destroy
information in violation of paragraph (1)(F), the
educational agency or institution shall be prohibited
from permitting access to information from education
records to that third party for a period of at least 5
years.’’;
(3) in subsection (c), by striking ‘‘The Secretary
shall adopt appropriate regulations to’’ and inserting
‘‘Not later than 240 days after the date of enactment
of the Improving America’s Schools Act of 1994, the
Secretary shall adopt appropriate regulations, or
identify existing regulations, which’’;
(4) in subsection (e), by inserting ‘‘effectively’’
before ‘‘informs’’; and
(5) by adding at the end the following new sub-
section:
‘‘(h) Nothing in this section shall prohibit an edu-
cational agency or institution from—
‘‘(1) including appropriate information in the
education record of any student whose presence at
school is determined by school officials to pose a sig-
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nificant risk to the safety or well-being of that stu-
dent, other students, or other members of the school
community; or
‘‘(2) disclosing such information to teachers and
school officials, including teachers and school officials
in other schools, who have legitimate educational in-
terests in the behavior of the student.’’.
SEC. 248. TECHNICAL AMENDMENTS.
(a) H EADING FOR PART C.—The heading for part C
of the Act (20 U.S.C. 1230 et seq.) is amended by striking
‘‘COMMISSIONER
OF EDUCATION’’ and inserting ‘‘SEC-
RETARY’’.
(b) S ECTION 427.—Section 427 of the Act (20 U.S.C.
1231d) is amended—
(1) by striking ‘‘Commissioner’’ and inserting
‘‘Secretary’’; and
(2) in the second sentence of the matter preceding
paragraph (1), by inserting ‘‘is made’’ after ‘‘such de-
termination’’.
(c) S ECTION 430.—Section 430 of the Act (20 U.S.C.
1231g) is amended by striking ‘‘Commissioner’’ each place
such term appears and inserting ‘‘Secretary’’.
(d) S ECTION 433.—Section 433 of the Act (20 U.S.C.
1232b) is amended by striking ‘‘Except for emergency relief
under section 7 of the Act of September 30, 1950 (Public
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Law 874, Eighty-first Congress), all laborers’’ and inserting
‘‘All laborers’’.
(e) SECTION 434.—
(1) A MENDMENT TO HEADING.—The heading for
section 434 of the Act (20 U.S.C. 1232c) is amended
by striking ‘‘E DUCATIONAL’’.
(2) A MENDMENT TO TEXT.—Section 434 of the
Act (20 U.S.C. 1232c) is amended—
(A) by striking ‘‘Commissioner’’ each place
such term appears and inserting ‘‘Secretary’’;
(B) by redesignating the matter following
paragraph (3) of subsection (b) as subsection (c);
and
(C) in subsection (c) (as redesignated by
subparagraph (B)), by striking ‘‘paragraph (3)’’
and inserting ‘‘subsection (b)(3)’’.
(f) S ECTION 435.—Section 435 of the Act (20 U.S.C.
1232d) is amended—
(1) by striking ‘‘Commissioner’’ each place such
term appears and inserting ‘‘Secretary’’; and
(2) in subsection (a)—
(A) by striking the comma after ‘‘submits a
plan’’;
(B) by striking ‘‘, in the case of programs
under chapter 1 and chapter 2 of title I of the
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Elementary and Secondary Education Act of
1965,’’; and
(C) by striking ‘‘title V of such Act’’ and in-
serting ‘‘part A of title V of the Elementary and
Secondary Education Act of 1965’’ before ‘‘title
V’’.
(g) S ECTION 436.—Section 436 of the Act (20 U.S.C.
1232e) is amended—
(1) in subsection (a), by striking ‘‘that local edu-
cation agency’’ and inserting ‘‘that local educational
agency’’; and
(2) in subsection (b)—
(A) in paragraph (2), by inserting a
comma after ‘‘program’’;
(B) in paragraph (4), by striking ‘‘Commis-
sioner’’ each place such term appears and insert-
ing ‘‘Secretary’’; and
(C) in paragraph (7)(B), by striking
‘‘handicapped individuals’’ and inserting ‘‘indi-
viduals with disabilities’’.
(h) S ECTION 438.—Section 438 of the Act (20 U.S.C.
1232g) is amended—
(1) in subsection (a)(4)(B)(ii), by striking the
period and inserting a semicolon;
(2) in subsection (b)—
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(A) in paragraph (1)(C), by striking ‘‘(iii)
an administrative head of an education agency
(as defined in section 408(c)), or (iv)’’ and in-
serting ‘‘or (iii)’’;
(B) in paragraph (1)(H), by striking
‘‘1954’’ and inserting ‘‘1986’’; and
(C) in paragraph (3)—
(i) by striking ‘‘(C) an administrative
head of an education agency or (D)’’ and
inserting ‘‘or (C)’’; and
(ii) by striking ‘‘education program’’
and inserting ‘‘education programs’’;
(3) in subsection (d), by inserting a comma after
‘‘education’’;
(4) in subsection (f)—
(A) by striking ‘‘, or an administrative
head of an education agency,’’;
(B) by striking ‘‘enforce provisions of this
section’’ and inserting ‘‘enforce this section’’;
(C) by striking ‘‘according to the provisions
of’’ and inserting ‘‘in accordance with’’; and
(D) by striking ‘‘comply with the provisions
of this section’’ and inserting ‘‘comply with this
section’’; and
(5) in subsection (g)—
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(A) by striking ‘‘of Health, Education, and
Welfare’’; and
(B) by striking ‘‘the provisions of’’.
SEC. 249. REPEALS.
Sections 421 (20 U.S.C. 1230), 423 (20 U.S.C. 1231b),
424 (20 U.S.C. 1231b–1), 426 (20 U.S.C. 1231c), 426A (20
U.S.C. 1231c–1), and 429 (20 U.S.C. 1231f) of the Act are
repealed.
SEC. 250. EQUITY FOR STUDENTS, TEACHERS, AND OTHER
PROGRAM BENEFICIARIES.
Subpart 1 of part C of the Act (20 U.S.C. 1231 et
seq.) is further amended by inserting after section 425 the
following new section:
‘‘EQUITY FOR STUDENTS, TEACHERS, AND OTHER
PROGRAM BENEFICIARIES
‘‘SEC. 426. (a) The purpose of this section is to assist
the Department in implementing its mission to ensure
equal access to education and to promote educational excel-
lence throughout the Nation, by ensuring equal opportuni-
ties to participate for all eligible students, teachers and
other program beneficiaries in any project or activity car-
ried out under an applicable program and promoting the
ability of such students, teachers and beneficiaries to meet
high standards.
‘‘(b) The Secretary shall require each applicant for as-
sistance under an applicable program (other than an indi-
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vidual) to develop and describe in such applicant’s applica-
tion the steps such applicant proposes to take to ensure eq-
uitable access to, and equitable participation in, the project
or activity to be conducted with such assistance, by address-
ing the special needs of students, teachers, and other pro-
gram beneficiaries in order to overcome barriers to equitable
participation, including barriers based on gender, race,
color, national origin, disability, and age.
‘‘(c) The Secretary may establish criteria and provide
technical assistance for meeting the requirements of this sec-
tion.
‘‘(d) Nothing in this section shall be construed to alter
in any way the rights or responsibilities established under
the statutes cited in section 400(d) of this Act.’’.
PART E—ADVISORY COMMITTEES
SEC. 251. REPEAL.
Part D of the Act (20 U.S.C. 1233 et seq.) is repealed.
PART F—RELATED AMENDMENTS TO OTHER
ACTS
SEC. 261. DEPARTMENT OF EDUCATION ORGANIZATION
ACT.
(a) O FFICE OF PRIVATE EDUCATION.—Title II of the
Department of Education Organization Act (20 U.S.C.
3411 et seq.) is amended by adding at the end the following
new section:
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‘‘OFFICE OF PRIVATE EDUCATION
‘‘SEC. 216. Subject to section 413, there shall be in the
Department an Office of Private Education to ensure the
maximum participation of nonpublic school students in all
applicable programs, as such term is defined in section
400(c)(1) of the General Education Provisions Act, for
which such children are eligible.’’.
(b) RULES; ACQUISITION AND MAINTENANCE OF PROP-
ERTY.—Part B of title IV of the Department of Education
Organization Act (20 U.S.C. 3471 et seq.) is amended—
(1) in section 414—
(A) by striking ‘‘(a)’’; and
(B) by striking subsection (b);
(2) in section 421, by inserting ‘‘and to accept
donations of services’’ after ‘‘personal,’’; and
(3) by repealing section 427.
PART G—CONFORMING AMENDMENTS
SEC. 271. THE REHABILITATION ACT OF 1973.
(a) S ECTION 9.—Section 9 of the Rehabilitation Act
of 1973 (29 U.S.C. 706) is repealed.
(b) S ECTION 100.—Section 100 of the Rehabilitation
Act of 1973 (29 U.S.C. 720) is amended by striking sub-
section (d).