instruction:
In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
question:
SECTION 1. AUTOMATIC INCREASE IN THE FEDERAL MEDICAL ASSISTANCE 
              PERCENTAGE DURING PERIODS OF NATIONAL ECONOMIC DOWNTURN.

    (a) National Economic Downturn Assistance FMAP.--
            (1) In general.--Section 1905 of the Social Security Act 
        (42 U.S.C. 1396d) is amended--
                    (A) in subsection (b), in the first sentence--
                            (i) by striking ``and (4)'' and inserting 
                        ``(4)''; and
                            (ii) by inserting ``and (5) with respect to 
                        each fiscal year quarter other than the first 
                        quarter of a national economic downturn 
                        assistance period described in subsection 
                        (y)(1), the Federal medical assistance 
                        percentage for any State described in 
                        subsection (y)(2) shall be equal to the 
                        national economic downturn assistance FMAP 
                        determined for the State for the quarter under 
                        subsection (y)(3)'' before the period; and
                    (B) by adding at the end the following:
    ``(y) National Economic Downturn Assistance FMAP.--For purposes of 
clause (5) of the first sentence of subsection (b):
            ``(1) National economic downturn assistance period.--A 
        national economic downturn assistance period described in this 
        paragraph--
                    ``(A) begins with the first fiscal year quarter for 
                which the Secretary determines that for at least 23 
                States, the rolling average unemployment rate for that 
                quarter has increased by at least 10 percent over the 
                corresponding quarter for the most recent preceding 12-
                month period for which data are available (in this 
                subsection referred to as the `trigger quarter'); and
                    ``(B) ends with the first succeeding fiscal year 
                quarter for which the Secretary determines that less 
                than 23 States have a rolling average unemployment rate 
                for that quarter with an increase of at least 10 
                percent over the corresponding quarter for the most 
                recent preceding 12-month period for which data are 
                available.
            ``(2) Eligible state.--A State described in this paragraph 
        is a State for which the Secretary determines that the rolling 
        average unemployment rate for the State for any quarter 
        occurring during a national economic downturn assistance period 
        described in paragraph (1) has increased over the corresponding 
        quarter for the most recent preceding 12-month period for which 
        data are available.
            ``(3) Determination of national economic downturn 
        assistance fmap.--
                    ``(A) In general.--The national economic downturn 
                assistance FMAP for a fiscal year quarter determined 
                with respect to a State under this paragraph is equal 
                to the Federal medical assistance percentage for the 
                State for that quarter increased by the number of 
                percentage points determined by--
                            ``(i) dividing--
                                    ``(I) the Medicaid additional 
                                unemployed increased cost amount 
                                determined under subparagraph (B) for 
                                the quarter; by
                                    ``(II) the State's total Medicaid 
                                quarterly spending amount determined 
                                under subparagraph (C) for the quarter; 
                                and
                            ``(ii) multiplying the quotient determined 
                        under clause (i) by 100.
                    ``(B) Medicaid additional unemployed increased cost 
                amount.--For purposes of subparagraph (A)(i)(I), the 
                Medicaid additional unemployed increased cost amount 
                determined under this subparagraph with respect to a 
                State and a quarter is the product of the following:
                            ``(i) State increase in rolling average 
                        number of unemployed individuals from the base 
                        quarter of unemployment.--
                                    ``(I) In general.--The amount 
                                determined by subtracting the rolling 
                                average number of unemployed 
                                individuals in the State for the base 
                                unemployment quarter for the State 
                                determined under subclause (II) from 
                                the rolling average number of 
                                unemployed individuals in the State for 
                                the quarter.
                                    ``(II) Base unemployment quarter 
                                defined.--
                                            ``(aa) In general.--For 
                                        purposes of subclause (I), 
                                        except as provided in item 
                                        (bb), the base quarter for a 
                                        State is the quarter with the 
                                        lowest rolling average number 
                                        of unemployed individuals in 
                                        the State in the 12-month 
                                        period preceding the trigger 
                                        quarter for a national economic 
                                        downturn assistance period 
                                        described in paragraph (1).
                                            ``(bb) Exception.--If the 
                                        rolling average number of 
                                        unemployed individuals in a 
                                        State for a quarter occurring 
                                        during a national economic 
                                        downturn assistance period 
                                        described in paragraph (1) is 
                                        less than the rolling average 
                                        number of unemployed 
                                        individuals in the State for 
                                        the base quarter determined 
                                        under item (aa), that quarter 
                                        shall be treated as the base 
                                        quarter for the State for such 
                                        national economic downturn 
                                        assistance period.
                            ``(ii) National average amount of 
                        additional federal medicaid spending per 
                        additional unemployed individual.--In the case 
                        of--
                                    ``(I) a calendar quarter occurring 
                                in fiscal year 2012, $350; and
                                    ``(II) a calendar quarter occurring 
                                in any succeeding fiscal year, the 
                                amount applicable under this clause for 
                                calendar quarters occurring during the 
                                preceding fiscal year, increased by the 
                                annual percentage increase in the 
                                medical care component of the consumer 
                                price index for all urban consumers 
                                (U.S. city average), as rounded up in 
                                an appropriate manner.
                            ``(iii) State nondisabled, nonelderly 
                        adults and children medicaid spending index.--
                                    ``(I) In general.--With respect to 
                                a State, the quotient (not to exceed 
                                1.00) of--
                                            ``(aa) the State 
                                        expenditure per person in 
                                        poverty amount determined under 
                                        subclause (II); divided by--
                                            ``(bb) the National 
                                        expenditure per person in 
                                        poverty amount determined under 
                                        subclause (III).
                                    ``(II) State expenditure per person 
                                in poverty amount.--For purposes of 
                                subclause (I)(aa), the State 
                                expenditure per person in poverty 
                                amount is the quotient of--
                                            ``(aa) the total amount of 
                                        annual expenditures by the 
                                        State for providing medical 
                                        assistance under the State plan 
                                        to nondisabled, nonelderly 
                                        adults and children; divided by
                                            ``(bb) the total number of 
                                        nonelderly adults and children 
                                        in poverty who reside in the 
                                        State, as determined under 
                                        paragraph (4)(A).
                                    ``(III) National expenditure per 
                                person in poverty amount.--For purposes 
                                of subclause (I)(bb), the National 
                                expenditure per person in poverty 
                                amount is the quotient of--
                                            ``(aa) the sum of the total 
                                        amounts determined under 
                                        subclause (II)(aa) for all 
                                        States; divided by
                                            ``(bb) the sum of the total 
                                        amounts determined under 
                                        subclause (II)(bb) for all 
                                        States.
                    ``(C) State's total medicaid quarterly spending 
                amount.--For purposes of subparagraph (A)(i)(II), the 
                State's total Medicaid quarterly spending amount 
                determined under this subparagraph with respect to a 
                State and a quarter is the amount equal to--
                            ``(i) the total amount of expenditures by 
                        the State for providing medical assistance 
                        under the State plan to all individuals 
                        enrolled in the plan for the most recent fiscal 
                        year for which data is available; divided by
                            ``(ii) 4.
            ``(4) Data.--In making the determinations required under 
        this subsection, the Secretary shall use, in addition to the 
        most recent available data from the Bureau of Labor Statistics 
        Local Area Unemployment Statistics for each State referred to 
        in paragraph (5), the most recently available--
                    ``(A) data from the Bureau of the Census with 
                respect to the number of nonelderly adults and children 
                who reside in a State described in paragraph (2) with 
                family income below the poverty line (as defined in 
                section 2110(c)(5)) applicable to a family of the size 
                involved (or, if the Secretary determines it 
                appropriate, a multiyear average of such data);
                    ``(B) data reported to the Secretary by a State 
                described in paragraph (2) with respect to expenditures 
                for medical assistance under the State plan under this 
                title for nondisabled, nonelderly adults and children; 
                and
                    ``(C) econometric studies of the responsiveness of 
                Medicaid enrollments and spending to changes in rolling 
                average unemployment rates and other factors, including 
                State spending on certain Medicaid populations.
            ``(5) Definition of `rolling average number of unemployed 
        individuals', `rolling average unemployment rate'.--In this 
        subsection, the term--
                    ``(A) `rolling average number of unemployed 
                individuals' means, with respect to a calendar quarter 
                and a State, the average of the 12 most recent months 
                of seasonally adjusted unemployment data for each 
                State;
                    ``(B) `rolling average unemployment rate' means, 
                with respect to a calendar quarter and a State, the 
                average of the 12 most recent monthly unemployment 
                rates for the State; and
                    ``(C) `monthly unemployment rate' means, with 
                respect to a State, the quotient of--
                            ``(i) the monthly seasonally adjusted 
                        number of unemployed individuals for the State; 
                        divided by
                            ``(ii) the monthly seasonally adjusted 
                        number of the labor force for the State,
        using the most recent data available from the Bureau of Labor 
        Statistics Local Area Unemployment Statistics for each State.
            ``(6) Increase in cap on payments to territories.--With 
        respect to any fiscal year quarter for which the national 
        economic downturn assistance Federal medical assistance 
        percentage applies to Puerto Rico, the Virgin Islands, Guam, 
        the Northern Mariana Islands, or American Samoa, the amounts 
        otherwise determined for such commonwealth or territory under 
        subsections (f) and (g) of section 1108 shall be increased by 
        such percentage of such amounts as the Secretary determines is 
        equal to twice the average increase in the national economic 
        downturn assistance FMAP determined for all States described in 
        paragraph (2) for the quarter.
            ``(7) Scope of application.--The national economic downturn 
        assistance FMAP shall only apply for purposes of payments under 
        section 1903 for a quarter and shall not apply with respect 
        to--
                    ``(A) disproportionate share hospital payments 
                described in section 1923;
                    ``(B) payments under title IV or XXI; or
                    ``(C) any payments under this title that are based 
                on the enhanced FMAP described in section 2105(b).
            ``(8) Additional requirement for certain states.--In the 
        case of a State described in paragraph (2) that requires 
        political subdivisions within the State to contribute toward 
        the non-Federal share of expenditures required under section 
        1902(a)(2), the State shall not require that such political 
        subdivisions pay for any fiscal year quarters occurring during 
        a national economic downturn assistance period a greater 
        percentage of the non-Federal share of such expenditures, or a 
        greater percentage of the non-Federal share of payments under 
        section 1923, than the respective percentage that would have 
        been required by the State under State law in effect on the 
        first day of the fiscal year quarter occurring immediately 
        prior to the trigger quarter for the period.''.
            (2) Effective date; no retroactive application.--The 
        amendments made by paragraph (1) take effect on January 1, 
        2012. In no event may a State receive a payment on the basis of 
        the national economic downturn assistance Federal medical 
        assistance percentage determined for the State under section 
        1905(y)(3) of the Social Security Act for amounts expended by 
        the State prior to January 1, 2012.
    (b) GAO Study and Report.--
            (1) Study.--The Comptroller General of the United States 
        shall analyze the previous periods of national economic 
        downturn, including the most recent such period in effect as of 
        the date of enactment of this Act, and the past and projected 
        effects of temporary increases in the Federal medical 
        assistance percentage under the Medicaid program with respect 
        to such periods.
            (2) Report.--Not later than April 1, 2011, the Comptroller 
        General of the United States shall submit a report to Congress 
        on the results of the analysis conducted under paragraph (1). 
        Such report shall include such recommendations as the 
        Comptroller General determines appropriate for modifying the 
        national economic downturn assistance FMAP established under 
        section 1905(y) of the Social Security Act (as added by 
        subsection (a)) to improve the effectiveness of the application 
        of such percentage in addressing the needs of States during 
        periods of national economic downturn, including 
        recommendations for--
                    (A) improvements to the factors that begin and end 
                the application of such percentage;
                    (B) how the determination of such percentage could 
                be adjusted to address State and regional economic 
                variations during such periods; and
                    (C) how the determination of such percentage could 
                be adjusted to be more responsive to actual Medicaid 
                costs incurred by States during such periods, as well 
                as to the effects of any other specific economic 
                indicators that the Comptroller General determines 
                appropriate.
answer:
Amends title XIX (Medicaid) of the Social Security Act to authorize an automatic increase in the federal medical assistance percentage (FMAP) for any eligible state during periods of national economic downturn.

Directs the Comptroller General to analyze and report to Congress on previous periods of national economic downturn, including the most recent one, and the past and projected effects of temporary increases in the Medicaid FMAP with respect to them.


question:
SECTION 1. PHYSICAL EDUCATION FOR PROGRESS.

    Title X of the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 8001 et seq.) is amended by adding at the end the following:

               ``PART L--PHYSICAL EDUCATION FOR PROGRESS

``SEC. 10999A. SHORT TITLE.

    ``This part may be cited as the `Physical Education for Progress 
Act'.

``SEC. 10999B. PURPOSE.

    ``The purpose of this part is to award grants and contracts to 
local educational agencies to enable the local educational agencies to 
initiate, expand, and improve physical education programs for all 
kindergarten through 12th grade students.

``SEC. 10999C. FINDINGS.

    ``Congress makes the following findings:
            ``(1) Physical education is essential to the development of 
        growing children.
            ``(2) Physical education helps improve the overall health 
        of children by improving their cardiovascular endurance, 
        muscular strength and power, and flexibility, and by enhancing 
        weight regulation, bone development, posture, skillful moving, 
        active lifestyle habits, and constructive use of leisure time.
            ``(3) Physical education helps improve the self esteem, 
        interpersonal relationships, responsible behavior, and 
        independence of children.
            ``(4) Children who participate in high quality daily 
        physical education programs tend to be more healthy and 
        physically fit.
            ``(5) The percentage of young people who are overweight has 
        more than doubled in the 30 years preceding 1999.
            ``(6) Low levels of activity contribute to the high 
        prevalence of obesity among children in the United States.
            ``(7) Obesity related diseases cost the United States 
        economy more than $100,000,000,000 every year.
            ``(8) Inactivity and poor diet cause at least 300,000 
        deaths a year in the United States.
            ``(9) Physically fit adults have significantly reduced risk 
        factors for heart attacks and stroke.
            ``(10) Children are not as active as they should be and 
        fewer than 1 in 4 children get 20 minutes of vigorous activity 
        every day of the week.
            ``(11) The Surgeon General's 1996 Report on Physical 
        Activity and Health, and the Centers for Disease Control and 
        Prevention, recommend daily physical education for all students 
        in kindergarten through grade 12.
            ``(12) Twelve years after Congress passed House Concurrent 
        Resolution 97, 100th Congress, agreed to December 11, 1987, 
        encouraging State and local governments and local educational 
        agencies to provide high quality daily physical education 
        programs for all children in kindergarten through grade 12, 
        little progress has been made.
            ``(13) Every student in our Nation's schools, from 
        kindergarten through grade 12, should have the opportunity to 
        participate in quality physical education. It is the unique 
        role of quality physical education programs to develop the 
        health-related fitness, physical competence, and cognitive 
        understanding about physical activity for all students so that 
        the students can adopt healthy and physically active 
        lifestyles.
            ``(14) Every student in our Nation's schools should have 
        the opportunity to achieve the goals established by Healthy 
        People 2000 and Healthy People 2010.

``SEC. 10999D. PROGRAM AUTHORIZED.

    ``The Secretary is authorized to award grants to, and enter into 
contracts with, local educational agencies to pay the Federal share of 
the costs of initiating, expanding, and improving physical education 
programs for kindergarten through grade 12 students by--
            ``(1) providing equipment and support to enable students to 
        actively participate in physical education activities;
            ``(2) developing or enhancing physical education curricula 
        to meet national goals for physical education developed by the 
        Secretary in consultation with the National Association for 
        Sport and Physical Education; and
            ``(3) providing funds for staff and teacher training and 
        education.

``SEC. 10999E. APPLICATIONS; PROGRAM REQUIREMENTS.

    ``(a) Applications.--Each local educational agency desiring a grant 
or contract under this part shall submit to the Secretary an 
application that contains a plan to initiate, expand, or improve 
physical education programs in the schools served by the agency in 
order to make progress toward meeting--
            ``(1) the goals described in subsection (b); or
            ``(2) State standards for physical education.
    ``(b) Goals.--The goals referred to in subsection (a) are as 
follows:
            ``(1) Physical education programs shall facilitate 
        achievement of the national goals for physical education 
        described in section 10999D(2), and the curriculum of the 
        programs may provide--
                    ``(A) fitness education and assessment to help 
                children understand, improve, or maintain their 
                physical well-being;
                    ``(B) instruction in a variety of motor skills and 
                physical activities designed to enhance the physical, 
                mental, and social or emotional development of every 
                child;
                    ``(C) development of cognitive concepts about motor 
                skill and physical fitness that support a lifelong 
                healthy lifestyle;
                    ``(D) opportunities to develop positive social and 
                cooperative skills through physical activity 
                participation; and
                    ``(E) instruction in healthy eating habits and good 
                nutrition.
            ``(2) Teachers of physical education shall be afforded the 
        opportunity for professional development to stay abreast of the 
        latest research, issues, and trends in the field of physical 
        education.
    ``(c) Special Rule.--For the purpose of this part, extracurricular 
activities such as team sports and Reserve Officers' Training Corps 
(ROTC) program activities shall not be considered as part of the 
curriculum of a physical education program assisted under this part.

``SEC. 10999F. PROPORTIONALITY.

    ``The Secretary shall ensure that grants awarded and contracts 
entered into under this part shall be equitably distributed between 
local educational agencies serving urban and rural areas, and between 
local educational agencies serving large and small numbers of students.

``SEC. 10999G. PRIVATE SCHOOL STUDENTS AND HOME-SCHOOLED STUDENTS.

    ``An application for funds under this part, consistent with the 
number of home-schooled children or children enrolled in private 
elementary schools, middle schools, and secondary schools located in 
the school district of a local educational agency, may provide for the 
participation of such children and their teachers in the activities 
assisted under this part.

``SEC. 10999H. REPORT REQUIRED FOR CONTINUED FUNDING.

    ``As a condition to continue to receive grant or contract funding 
after the first year of a multiyear grant or contract under this part, 
the administrator of the grant or contract for the local educational 
agency shall submit to the Secretary an annual report that describes 
the activities conducted during the preceding year and demonstrates 
that progress has been made toward achieving goals described in section 
10999E(b) or meeting State standards for physical education.

``SEC. 10999I. REPORT TO CONGRESS.

    ``The Secretary shall submit a report to Congress not later than 
June 1, 2003, that describes the programs assisted under this part, 
documents the success of such programs in improving physical fitness, 
and makes such recommendations as the Secretary determines appropriate 
for the continuation and improvement of the programs assisted under 
this part.

``SEC. 10999J. ADMINISTRATIVE COSTS.

    ``Not more than 5 percent of the grant or contract funds made 
available to a local educational agency under this part for any fiscal 
year may be used for administrative costs.

``SEC. 10999K. FEDERAL SHARE; SUPPLEMENT NOT SUPPLANT.

    ``(a) Federal Share.--The Federal share under this part may not 
exceed--
            ``(1) 90 percent of the total cost of a project for the 
        first year for which the project receives assistance under this 
        part; and
            ``(2) 75 percent of such cost for the second and each 
        subsequent such year.
    ``(b) Supplement not Supplant.--Funds made available under this 
part shall be used to supplement and not supplant other Federal, State, 
and local funds available for physical education activities.

``SEC. 10999L. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated $30,000,000 for fiscal 
year 2000, $70,000,000 for fiscal year 2001, and $100,000,000 for each 
of the fiscal years 2002 through 2004, to carry out this part. Such 
funds shall remain available until expended.''.
answer:
Requires such grants and contracts to be used for: (1) providing equipment and support to enable students to actively participate in physical education activities; (2) developing or enhancing physical education curricula to meet national goals developed by the Secretary; and (3) providing funds for staff and teacher training and education.
Requires LEA assistance applications for such assistance to contain plans for helping school physical education programs make progress toward meeting State standards for physical education or specified goals. Prohibits extracurricular activities such as team sports and Reserve Officers' Training Corps (ROTC) program activities from consideration as part of the curriculum of a physical education program assisted under this Act.
Authorizes appropriations.


question:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Kids Developing Skills for Success 
in the 21st Century Act''.

SEC. 2. GRANTS FOR SUPPLEMENTAL ASSISTANCE FOR LIMITED ENGLISH 
              PROFICIENT STUDENTS.

    (a) In General.--In the case of each State educational agency that 
in accordance with subsection (c) submits to the Secretary an 
application for a fiscal year, the Secretary shall make a grant for the 
year to the agency for the uses specified in subsection (b). The grant 
shall consist of the allotment determined for the State under section 
3.
    (b) Uses of Funds.--
            (1) In general.--Each State educational agency receiving a 
        grant under this Act shall use the funds provided under the 
        grant to assist local educational agencies in providing 
        supplemental assistance to elementary and secondary school 
        students of limited English proficiency to ensure that they 
        rapidly develop proficiency in English while not falling behind 
        in their academic studies.
            (2) Authorized activities.--Supplemental assistance 
        described in paragraph (1) may, but is not required to, include 
        individualized tutoring by regular school instructional staff 
        or by bilingual tutors hired specifically to provide such 
        tutoring. Such tutoring may take place during school hours, 
        before or after school hours, or on weekends.
    (c) Application.--
            (1) In general.--To be eligible to receive a grant under 
        this Act, a State educational agency shall submit an 
        application to the Secretary at such time, in such manner, and 
        containing such information as the Secretary may reasonably 
        require.
            (2) Contents.--Each application under this subsection shall 
        include a description of how--
                    (A) the State educational agency intends to use the 
                grant funds;
                    (B) the programs supported by the grant will be 
                coordinated with other Federal, State, regional, and 
                local programs; and
                    (C) the State educational agency will evaluate 
                program performance.
    (d) Priority.--In assisting local educational agencies using funds 
provided under this Act, a State educational agency shall give priority 
to local educational agencies that--
            (1) experience a dramatic increase in the number or 
        percentage of elementary and secondary school students of 
        limited English proficiency;
            (2) have a large percentage of elementary and secondary 
        school students of limited English proficiency enrolled;
            (3) have a total student enrollment of less than 10,000; or
            (4) demonstrate a record of success in assisting students 
        of limited English proficiency achieve academic success.

SEC. 3. STATE ALLOCATIONS.

    (a) Allocations.--
            (1) In general.--Except as provided in subsections (b) and 
        (c), of the amount appropriated for each fiscal year for this 
        Act, each State participating in the program assisted under 
        this Act shall receive an allocation equal to the proportion of 
        such State's number of students of limited English proficiency 
        who are enrolled in public elementary or secondary schools 
        under the jurisdiction of each local educational agency 
        described in paragraph (2) within such State, and in nonpublic 
        elementary or secondary schools within the district served by 
        each such local educational agency, relative to the total 
        number of such students so enrolled in all the States 
        participating in the program assisted under this Act.
            (2) Eligible local educational agencies.--The local 
        educational agencies referred to in paragraph (1) are those 
        local educational agencies in which the sum of the number of 
        students of limited English proficiency who are enrolled in 
public elementary or secondary schools under the jurisdiction of such 
agencies, and in nonpublic elementary or secondary schools within the 
districts served by such agencies, during the fiscal year for which the 
payments are to be made under this Act, is equal to--
                    (A) at least 500; or
                    (B) at least 3 percent of the total number of 
                students enrolled in such public or nonpublic schools 
                during such fiscal year;
        whichever number is less.
    (b) Determinations of Number of Students.--
            (1) In general.--Determinations by the Secretary under this 
        section for any period with respect to the number of students 
        of limited English proficiency shall be made on the basis of 
        data or estimates provided to the Secretary by each State 
        educational agency in accordance with criteria established by 
        the Secretary, unless the Secretary determines, after notice 
        and opportunity for a hearing to the affected State educational 
        agency, that such data or estimates are clearly erroneous.
            (2) Special rule.--No such determination with respect to 
        the number of students of limited English proficiency shall 
        operate because of an underestimate or overestimate to deprive 
        any State educational agency of the allocation under this 
        section that such State would otherwise have received had such 
        determination been made on the basis of accurate data.
    (c) Reallocation.--Whenever the Secretary determines that any 
amount of a payment made to a State under this Act for a fiscal year 
will not be used by such State for carrying out the purpose for which 
the payment was made, the Secretary shall make such amount available 
for carrying out such purpose to one or more other States to the extent 
the Secretary determines that such other States will be able to use 
such additional amount for carrying out such purpose. Any amount made 
available to a State from any appropriation for a fiscal year in 
accordance with the preceding sentence shall, for purposes of this Act, 
be regarded as part of such State's payment (as determined under 
subsection (a)) for such year, but shall remain available until the end 
of the succeeding fiscal year.

SEC. 4. ADMINISTRATIVE PROVISIONS.

    (a) Notification of Amount.--The Secretary, not later than June 1 
of each year, shall notify each State educational agency that has an 
application approved under section 2 of the amount of such agency's 
allocation under section 3 for the succeeding year.
    (b) Services to Children Enrolled in Nonpublic Schools.--
            (1) In general.--No local educational agency may receive 
        any assistance under this Act for any fiscal year unless such 
        agency provides to the Secretary assurances--
                    (A) that to the extent consistent with the number 
                of students of limited English proficiency who are 
                enrolled in the nonpublic elementary or secondary 
                schools within the district served by a local 
                educational agency, such agency, after consultation 
                with appropriate officials of such schools, shall 
                provide for the benefit of such students secular, 
                neutral, and nonideological services, materials, and 
                equipment in accordance with this Act;
                    (B) that the control of funds provided under this 
                Act to any materials, equipment, and property repaired, 
                remodeled, or constructed with those funds shall be in 
                a public agency for the uses and purposes provided in 
                this Act, and a public agency shall administer such 
                funds and property; and
                    (C) that the provision of services pursuant to this 
                paragraph shall be provided by employees of a public 
                agency or through contract by such public agency with a 
                person, association, agency, or corporation who or 
                which, in the provision of such services, is 
                independent of such nonpublic elementary or secondary 
                school and of any religious organization, and such 
                employment or contract shall be under the control and 
                supervision of such public agency, and the funds 
                provided under this paragraph shall not be commingled 
                with State or local funds.
            (2) Waivers.--If by reason of any provision of law a local 
        educational agency is prohibited from providing educational 
        services for children enrolled in elementary and secondary 
        nonpublic schools, as required by paragraph (1), or if the 
        Secretary determines that a local educational agency has 
        substantially failed or is unwilling to provide for the 
        participation on an equitable basis of children enrolled in 
        such schools, the Secretary may waive such requirement and 
        shall arrange for the provision of services, subject to the 
        requirements of this Act, to such children. Such waivers shall 
        be subject to consultation, withholding, notice, and judicial 
        review requirements in accordance with the provisions of title 
        I of the Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 6301 et seq.).

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act 
$250,000,000 for each of fiscal years 2002 through 2006.

SEC. 6. DEFINITIONS.

    For purposes of this Act, the following terms have the following 
meanings:
            (1) Elementary school.--The term ``elementary school'' 
        means a nonprofit institutional day or residential school, 
        including a public elementary charter school, that provides 
        elementary education, as determined under State law.
            (2) Limited english proficiency.--The term ``limited 
        English proficiency'', when used with reference to an 
        individual, means an individual--
                    (A) who--
                            (i) was not born in the United States or 
                        whose native language is a language other than 
                        English and comes from an environment where a 
                        language other than English is dominant; or
                            (ii) is a Native American or Alaska Native 
                        or who is a native resident of the outlying 
                        areas and comes from an environment where a 
                        language other than English has had a 
                        significant impact on such individual's level 
                        of English language proficiency; or
                            (iii) is migratory and whose native 
                        language is other than English and comes from 
                        an environment where a language other than 
                        English is dominant; and
                    (B) who has sufficient difficulty speaking, 
                reading, writing, or understanding the English language 
                and whose difficulties may deny such individual the 
                opportunity to learn successfully in classrooms where 
                the language of instruction is English or to 
                participate fully in our society.
            (3) Local educational agency.--(A) The term ``local 
        educational agency'' means a public board of education or other 
        public authority legally constituted within a State for either 
        administrative control or direction of, or to perform a service 
        function for, public elementary or secondary schools in a city, 
        county, township, school district, or other political 
        subdivision of a State, or for such combination of school 
        districts or counties as are recognized in a State as an 
        administrative agency for its public elementary or secondary 
        schools.
            (B) The term includes any other public institution or 
        agency having administrative control and direction of a public 
        elementary or secondary school.
            (C) The term includes an elementary or secondary school 
        funded by the Bureau of Indian Affairs but only to the extent 
        that such inclusion makes such school eligible for programs for 
        which specific eligibility is not provided to such school in 
        another provision of law and such school does not have a 
        student population that is smaller than the student population 
        of the local educational agency receiving assistance under this 
        Act with the smallest student population, except that such 
        school shall not be subject to the jurisdiction of any State 
        educational agency other than the Bureau of Indian Affairs.
            (4) Native american and native american language.--The 
        terms ``Native American'' and ``Native American language'' 
        shall have the same meaning given such terms in section 103 of 
        the Native American Languages Act of 1990.
            (5) Native language.--The term ``native language'', when 
        used with reference to an individual of limited English 
        proficiency, means the language normally used by such 
        individual, or in the case of a child or youth, the language 
        normally used by the parents of the child or youth.
            (6) Outlying area.--The term ``outlying area'' means the 
        Virgin Islands, Guam, American Samoa, the Commonwealth of the 
        Northern Mariana Islands, the Republic of the Marshall Islands, 
        the Federated States of Micronesia, and the Republic of Palau.
            (7) Secondary school.--The term ``secondary school'' means 
        a nonprofit institutional day or residential school, including 
        a public secondary charter school, that provides secondary 
        education, as determined under State law, except that such term 
        does not include any education beyond grade 12.
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.
            (9) State.--The term ``State'' means each of the 50 States, 
        the District of Columbia, the Commonwealth of Puerto Rico, and 
        each of the outlying areas.
            (10) State educational agency.--The term ``State 
        educational agency'' means the agency primarily responsible for 
        the State supervision of public elementary and secondary 
        schools.
answer:

Kids Developing Skills for Success in the 21st Century Act - Directs the Secretary of Education to allot grants to State educational agencies to assist local educational agencies in providing supplemental assistance for elementary and secondary school students of limited English proficiency.