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Q: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Unemployment Compensation Amendments
of 1993''.
SEC. 2. EXTENSION OF EMERGENCY UNEMPLOYMENT COMPENSATION PROGRAM.
(a) General Rule.--Sections 102(f)(1) and 106(a)(2) of the Emergency
Unemployment Compensation Act of 1991 (Public Law 102-164, as amended)
are each amended by striking ''October 2, 1993'' and inserting
''February 5, 1994''.
(b) Weeks of Benefits Available During Extension.--
(1) Subparagraph (A) of section 102(b)(2) of such Act is
amended--
(A) by redesignating clause (vi) as clause (vii),
(B) by inserting after clause (v) the following new clause:
''(vi) Reduction of weeks after october 2, 1993.--In the
case of weeks beginning after October 2, 1993--

''(I) clause (i) of this subparagraph shall be
applied by substituting '13' for '33' and by
substituting '7' for '26',
''(II) clauses (ii), (iii), (iv), and (v) of this
subparagraph shall not apply, and
''(III) subparagraph A of paragraph (1) shall be
applied by substituting '50 percent' for '130
percent'.'', and

(C) by striking ''or (iv)'' in clause (vii) (as redesignated
by subparagraph (A)) and inserting ''(iv), or (vi)''.
(2) Subparagraph (B) of section 102(b)(2) of such Act is amended
by striking ''and (iv)'' and inserting ''(iv) and (vi)''.
(c) Modification of Final Phase-Out.--Paragraph (2) of section
102(f) of such Act is amended--
(1) by striking ''October 2, 1993'' and inserting ''February 5,
1994'', and
(2) by striking ''January 15, 1994'' and inserting ''April 30,
1994''.
(d) Conforming Amendments.--Section 101(e) of such Act is amended--
(1) by striking ''October 2, 1993'' each place it appears in
paragraph (1) and inserting ''February 5, 1994'', and
(2) by striking ''(and is not triggered off under paragraph
(1))'' in paragraph (2) and inserting ''after February 5, 1994,''.
(e) Effective Date.--The amendments made by this section shall apply
to weeks of unemployment beginning after October 2, 1993.
SEC. 3. MODIFICATION TO ELIGIBILITY REQUIREMENTS FOR EMERGENCY
UNEMPLOYMENT COMPENSATION.
(a) Repeal of Disregard of Rights to Regular Compensation.--
Subsection (f) of section 101 of the Emergency Unemployment Compensation
Act of 1991 (Public Law 102-164, as amended) is hereby repealed.
(b) Effective Date.--The repeal made by subsection (a) shall apply
to weeks of unemployment beginning after the date of the enactment of
this Act; except that such repeal shall not apply in determining
eligibility for emergency unemployment compensation from an account
established before October 2, 1993.

SEC. 4. WORKER PROFILING.

(a) In General.--
(1) Establishment of profiling system.--Section 303 of the
Social Security Act is amended by adding at the end thereof the
following new subsection:
''(j)(1) The State agency charged with the administration of the
State law shall establish and utilize a system of profiling all new
claimants for regular compensation that--
''(A) identifies which claimants will be likely to exhaust
regular compensation and will need job search assistance services to
make a successful transition to new employment;
''(B) refers claimants identified pursuant to subparagraph (A)
to reemployment services, such as job search assistance services,
available under any State or Federal law;
''(C) collects follow-up information relating to the services
received by such claimants and the employment outcomes for such
claimants subsequent to receiving such services and utilizes such
information in making identifications pursuant to subparagraph (A);
and
''(D) meets such other requirements as the Secretary of Labor
determines are appropriate.
''(2) Whenever the Secretary of Labor, after reasonable notice and
opportunity for hearing to the State agency charged with the
administration of the State law, finds that there is a failure to comply
substantially with the requirements of paragraph (1), the Secretary of
Labor shall notify such State agency that further payments will not be
made to the State until he is satisfied that there is no longer any such
failure. Until the Secretary of Labor is so satisfied, he shall make no
further certification to the Secretary of the Treasury with respect to
such State.''.
(2) Conforming amendment.--Section 304(a)(2) of the Social
Security Act is amended by striking ''or (i)'' and inserting ''(i),
or (j)''.
(b) Participation Requirement.--Section 303(a) of the Social
Security Act is amended--
(1) by striking the period at the end of paragraph (9) and
inserting ''; and'', and
(2) by adding at the end thereof the following new paragraph:
''(10) A requirement that, as a condition of eligibility for
regular compensation for any week, any claimant who has been
referred to reemployment services pursuant to the profiling system
under subsection (j)(1)(B) participate in such services or in
similar services unless the State agency charged with the
administration of the State law determines--
''(A) such claimant has completed such services; or
''(B) there is justifiable cause for such claimant's failure
to participate in such services.''.
(c) Technical Assistance.--The Secretary of Labor shall provide
technical assistance and advice to assist the States in implementing the
profiling system required under the amendments made by subsection (a).
Such assistance shall include the development and identification of
model profiling systems.
(d) Report to Congress.--Not later than the date 3 years after the
date of enactment of this Act, the Secretary of Labor shall report to
the Congress on the operation and effectiveness of the profiling system
required under the amendments made by subsection (a) and the
participation requirement provided by the amendments made under
subsection (b). Such report shall include such recommendations as the
Secretary of Labor determines are appropriate.
(e) Conforming Amendment.--Section 4 of the Emergency Unemployment
Compensation Amendments of 1993 (Public Law 103-6) is hereby repealed.
(f) Effective Dates.--
(1) The amendments made by subsections (a) and (b) shall take
effect on the date one year after the date of the enactment of this
Act.
(2) The provisions of subsections (c), (d), and (e) shall take
effect on the date of enactment of this Act.
SEC. 5. TECHNICAL AMENDMENT TO UNEMPLOYMENT TRUST FUND.
Paragraph (1) of section 905(b) of the Social Security Act is
amended to read as follows:
''(b)(1) Except as provided in paragraph (3), the Secretary of the
Treasury shall transfer (as of the close of each month) from the
employment security administration account to the extended unemployment
compensation account established by subsection (a), an amount
(determined by such Secretary) equal to 20 percent of the amount by
which--
''(A) the transfers to the employment security administration
account pursuant to section 901(b)(2) during such month, exceed
''(B) the payments during such month from the employment
security administration account pursuant to section 901 (b)(3) and
(d).
If for any such month the payments referred to in subparagraph (B)
exceed the transfers referred to in subparagraph (A), proper adjustments
shall be made in the amounts subsequently transferred.''

SEC. 6. EXTENSION OF REPORTING DATE FOR ADVISORY COUNCIL.

Section 908(f) of the Social Security Act is amended--
(1) in paragraph (1), by striking ''2d year'' and inserting
''third year''; and
(2) in paragraph (2), by striking ''February 1, 1994'' and
inserting ''February 1, 1995''.
SEC. 7. TEMPORARY INCREASE IN SPONSORSHIP PERIOD FOR ALIENS UNDER THE
SUPPLEMENTAL SECURITY INCOME PROGRAM.
(a) Increase in Sponsorship Period.--
(1) In general.--Section 1621 of the Social Security Act (42
U.S.C. 1382j) is amended by striking ''three years'' each place such
term appears and inserting ''5 years''.
(2) Effective date.--The amendments made by paragraph (1) shall
take effect on January 1, 1994.
(b) Reinstatement of Prior Law.--
(1) In general.--Section 1621 of the Social Security Act (42
U.S.C. 1382j), as amended by subsection (a)(1) of this section, is
amended by striking ''5 years'' each place such term appears and
inserting ''3 years''.
(2) Effective date.--The amendments made by paragraph (1) shall
take effect on October 1, 1996.

SEC. 8. TREATMENT OF RAILROAD WORKERS.

(a) Extension of Program.--
(1) In general.--Paragraphs (1) and (2) of section 501(b) of the
Emergency Unemployment Compensation Act of 1991 (Public Law 102-164,
as amended) are each amended by striking ''October 2, 1993'' and
inserting ''January 1, 1994''.
(2) Conforming amendment.--Section 501(a) of such Act is amended
by striking ''October 1993'' and inserting ''January 1994''.
(b) Length of Benefits During Period of Extension.--Section
501(d)(2)(B)(ii) of such Act is amended by striking ''on and after the
date on which a reduction in benefits is imposed under section
102(b)(2)(A)(iv)'' and inserting ''after October 2, 1993''.
(c) Termination of Benefits.--Section 501(e) of such Act is
amended--
(1) by striking ''October 2, 1993'' and inserting ''January 1,
1994'', and
(2) by striking ''January 15, 1994'' and inserting ''March 26,
1994''.

SEC. 9. EFFECTIVE DATES.

(a) Repeal of Disregard of Rights to Regular Compensation.--
Notwithstanding the provisions of section 3(b) of this Act, the repeal
made by section 3(a) of this Act shall apply to weeks of unemployment
beginning after October 2, 1993, except that such repeal shall not apply
in determining eligibility for emergency unemployment compensation from
an account established before October 3, 1993.
(b) Railroad Workers.--
(1) In general.--Paragraphs (1) and (2) of section 501(b) of the
Emergency Unemployment Compensation Act of 1991 (Public Law 102-164,
as amended), as amended by section 8(a)(1) of this Act, are each
amended by striking ''January 1, 1994'' and inserting ''February 5,
1994''.
(2) Conforming amendment.--Section 501(a) of such Emergency
Unemployment Compensation Act of 1991, as amended by section 8(a)(2)
of this Act, is amended by striking ''January 1994'' and inserting
''February 1994''.
(3) Termination of benefits.--Section 501(e) of such Emergency
Unemployment Compensation Act of 1991, as amended by section 8(c) of
this Act, is amended--
(A) by striking ''January 1, 1994'' and inserting ''February
5, 1994'', and
(B) by striking ''March 26, 1994'' and inserting ''April 30,
1994''.

Speaker of the House of Representatives.

Vice President of the United States and
President of the Senate.

A: Unemployment Compensation Amendments of 1993 - Amends the Emergency Unemployment Compensation Act of 1991 to extend to February 5, 1994, the authorization for new claims for benefits under the emergency unemployment compensation (EUC) program. Reduces the number of benefit weeks available during such extended period after October 2, 1993, to seven or 13, as applicable. Modifies the final phase-out period for continuation of claims. Repeals provisions which allow certain claimants who have exhausted benefits to choose EUC benefits in lieu of regular State benefits at the beginning of a new benefit year. Amends the Social Security Act to require the State agency administering the State unemployment law to establish and use a system of worker profiling of all new claimants for regular compensation to: (1) identify which claimants will be likely to exhaust regular compensation and will need job search assistance services; (2) refer identified claimants to reemployment services available under State or Federal law; and (3) collect follow-up information on such services and employment outcomes. Directs the Secretary of Labor to report to the Congress on such profiling system. Makes a technical amendment to Unemployment Trust Fund provisions. Extends a reporting date for an advisory council on unemployment compensation. Provides for a temporary increase in the sponsorship period for aliens under the supplemental security income program. Provides for an extension of the program of emergency unemployment compensation benefits for railroad workers.
****
Q: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Drug Competition Act of 2002''.

SEC. 2. FINDINGS.

Congress finds that--
(1) prescription drug prices are increasing at an alarming
rate and are a major worry of many senior citizens and American
families;
(2) there is a potential for companies with patent rights
regarding brand name drugs and companies which could
manufacture generic versions of such drugs to enter into
financial deals that could tend to restrain trade and greatly
reduce competition and increase prescription drug expenditures
for American citizens; and
(3) enhancing competition among these companies can
significantly reduce prescription drug expenditures for
Americans.

SEC. 3. PURPOSES.

The purposes of this Act are--
(1) to provide timely notice to the Department of Justice
and the Federal Trade Commission regarding agreements between
companies with patent rights regarding brand name drugs and
companies which could manufacture generic versions of such
drugs; and
(2) by providing timely notice, to enhance the
effectiveness and efficiency of the enforcement of the
antitrust and competition laws of the United States.

SEC. 4. DEFINITIONS.

In this Act:
(1) ANDA.--The term ''ANDA'' means an Abbreviated New Drug
Application, as defined under section 201(aa) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 321(aa)).
(2) Assistant attorney general.--The term ''Assistant
Attorney General'' means the Assistant Attorney General in
charge of the Antitrust Division of the Department of Justice.
(3) Brand name drug.--The term ''brand name drug'' means a
drug approved under section 505(c) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 355(c)).
(4) Brand name drug company.--The term ''brand name drug
company'' means the party that received Food and Drug
Administration approval to market a brand name drug pursuant to
an NDA, where that drug is the subject of an ANDA, or a party
owning or controlling enforcement of any patent listed in the
Approved Drug Products With Therapeutic Equivalence Evaluations
of the Food and Drug Administration for that drug, under
section 505(b) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355(b)).
(5) Commission.--The term ''Commission'' means the Federal
Trade Commission.
(6) Generic drug.--The term ''generic drug'' means a
product that the Food and Drug Administration has approved
under section 505(j) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 355(j)).
(7) Generic drug applicant.--The term ''generic drug
applicant'' means a person who has filed or received approval
for an ANDA under section 505(j) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355(j)).
(8) NDA.--The term ''NDA'' means a New Drug Application, as
defined under section 505(b) et seq. of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 355(b) et seq.)

SEC. 5. NOTIFICATION OF AGREEMENTS.

(a) In General.--
(1) Requirement.--A generic drug applicant that has
submitted an ANDA containing a certification under section
505(j)(2)(vii)(IV) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 355(j)(2)(vii)(IV)) and a brand name drug company
that enter into an agreement described in paragraph (2), prior
to the generic drug that is the subject of the application
entering the market, shall each file the agreement as required
by subsection (b).
(2) Definition.--An agreement described in this paragraph
is an agreement regarding--
(A) the manufacture, marketing or sale of the brand
name drug that is the subject of the generic drug
applicant's ANDA;
(B) the manufacture, marketing or sale of the
generic drug that is the subject of the generic drug
applicant's ANDA; or
(C) the 180-day period referred to in section
505(j)(5)(B)(iv) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355(j)(5)(B)(iv)) as it applies
to such ANDA or to any other ANDA based on the same
brand name drug.
(b) Filing.--
(1) Agreement.--The generic drug applicant and the brand
name drug company entering into an agreement described in
subsection (a)(2) shall file with the Assistant Attorney
General and the Commission the text of any such agreement,
except that the generic drug applicant and the brand-name drug
company shall not be required to file an agreement that solely
concerns--
(A) purchase orders for raw material supplies;
(B) equipment and facility contracts;
(C) employment or consulting contracts; or
(D) packaging and labeling contracts.
(2) Other agreements.--The generic drug applicant and the
brand name drug company entering into an agreement described in
subsection (a)(2) shall file with the Assistant Attorney
General and the Commission the text of any other agreements not
described in subsection (a)(2) between the generic drug
applicant and the brand name drug company which are contingent
upon, provide a contingent condition for, or are otherwise
related to an agreement which must be filed under this Act.
(3) Description.--In the event that any agreement required
to be filed by paragraph (1) or (2) has not been reduced to
text, both the generic drug applicant and the brand name drug
company shall file written descriptions of the non-textual
agreement or agreements that must be filed sufficient to reveal
all of the terms of the agreement or agreements.

SEC. 6. FILING DEADLINES.

Any filing required under section 5 shall be filed with the
Assistant Attorney General and the Commission not later than 10
business days after the date the agreements are executed.

SEC. 7. DISCLOSURE EXEMPTION.

Any information or documentary material filed with the Assistant
Attorney General or the Commission pursuant to this Act shall be exempt
from disclosure under section 552 of title 5, and no such information
or documentary material may be made public, except as may be relevant
to any administrative or judicial action or proceeding. Nothing in this
section is intended to prevent disclosure to either body of Congress or
to any duly authorized committee or subcommittee of the Congress.

SEC. 8. ENFORCEMENT.

(a) Civil Penalty.--Any brand name drug company or generic drug
applicant which fails to comply with any provision of this Act shall be
liable for a civil penalty of not more than $11,000, for each day
during which such entity is in violation of this Act. Such penalty may
be recovered in a civil action brought by the United States, or brought
by the Commission in accordance with the procedures established in
section 16(a)(1) of the Federal Trade Commission Act (15 U.S.C. 56(a)).
(b) Compliance and Equitable Relief.--If any brand name drug
company or generic drug applicant fails to comply with any provision of
this Act, the United States district court may order compliance, and
may grant such other equitable relief as the court in its discretion
determines necessary or appropriate, upon application of the Assistant
Attorney General or the Commission.

SEC. 9. RULEMAKING.

The Commission, with the concurrence of the Assistant Attorney
General and by rule in accordance with section 553 of title 5 United
States Code, consistent with the purposes of this Act--
(1) may define the terms used in this Act;
(2) may exempt classes of persons or agreements from the
requirements of this Act; and
(3) may prescribe such other rules as may be necessary and
appropriate to carry out the purposes of this Act.

SEC. 10. SAVINGS CLAUSE.

Any action taken by the Assistant Attorney General or the
Commission, or any failure of the Assistant Attorney General or the
Commission to take action, under this Act shall not bar any proceeding
or any action with respect to any agreement between a brand name drug
company and a generic drug applicant at any time under any other
provision of law, nor shall any filing under this Act constitute or
create a presumption of any violation of any antitrust or competition
laws.

SEC. 11. EFFECTIVE DATE.

This Act shall--
(1) take effect 30 days after the date of enactment of this
Act; and
(2) shall apply to agreements described in section 5 that
are entered into 30 days after the date of enactment of this
Act.

Passed the Senate November 18, 2002.

Attest:

JERI THOMSON,

Secretary.

A: Drug Competition Act of 2002 - (Sec. 5) Requires a generic drug applicant that has submitted an Abbreviated New Drug Application (ANDA) and a brand name drug company that enter into an agreement, prior to the generic drug entering the market, regarding the manufacture, marketing, or sale of the brand name or the generic drug, or regarding the 180-day semi-exclusivity period referred to in the Federal Food, Drug, and Cosmetic Act as it applies to such ANDA or any other ANDA based on the same brand name drug, to each file such agreement and any related agreements with the Assistant Attorney General and the Federal Trade Commission (FTC). Makes an exception for agreements that solely concern purchase orders for raw material supplies, equipment and facility contracts, or employment or consulting contracts. Requires such agreements to be filed not later than ten business days after the date they are executed.(Sec. 7) Exempts any such information or documentary material filed from disclosure under the Freedom of Information Act. Prohibits such information or material from being made public, except as relevant to any administrative or judicial action or proceeding.(Sec. 8) Subjects an applicant or company to a civil penalty of up to $11,000 for each day such entity fails to comply with this Act, recoverable in a civil action brought by the United States or the FTC. Authorizes a U.S. district court to order compliance and grant equitable relief.
****
Q: 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.

A:
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.
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