217f1c7ad582e97c85d22ff0e094fbe6b9a3ef8bfd6b158417a6c6dc6b91562f

`by and with the advice and consent of the Senate', for a fixed term to
expire five years after the onset of the term of the appointing President.
( 94 ) Page 38, line 1, strike out  [Struck out->][ except subpart 2 of
part D, ][<-Struck out]
( 95 ) Page 38, line 2, strike out  [Struck out->][ $6,225,250,000 ][<-Struck
out]  and insert: $6,376,674,000
( 96 ) Page 38, line 3, strike out  [Struck out->][ $6,195,750,000 ][<-Struck
out]  and insert: $6,350,029,000
( 97 ) Page 38, line 5, strike out  [Struck out->][ $5,121,000,000 ][<-Struck
out]  and insert: , under the Elementary and Secondary Education Act,
$5,130,000,000
( 98 ) Page 38, line 6, strike out  [Struck out->][ $569,000,000 ][<-Struck
out]  and insert: $570,000,000
( 99 ) Page 38, line 7, strike out  [Struck out->][ $310,000,000 ][<-Struck
out]  and insert: $293,742,000
( 100 ) Page 38, line 9, after `D,' insert: $152,537,000 shall be available
for handicapped education activities under subpart 2 of part D,
( 101 ) Page 38, line 9, strike out  [Struck out->][ $34,000,000 ][<-Struck
out]  and insert: $40,000,000
( 102 ) Page 38, line 13, after `1405' insert: : Provided further, That
no State shall receive less than $340,000 from the amounts made available
under this appropriation for concentration grants under section 1006
( 103 ) Page 38, line 13, after `1405' insert: : Provided further, That
no State shall receive less than $375,000 from the amounts made available
under this appropriation for State administration grants under section 1404
( 104 ) Page 38, strike out lines 14 to 17
( 105 ) Page 38, after line 17, insert:
Notwithstanding the provisions of section 1006(a)(1)(A) of the Elementary
and Secondary Education Act, local educational agencies in any county that
has the largest number, among all counties in the same State, of children
counted under section 1005(c) for the preceding fiscal year shall be eligible
for the additional grants authorized in section 1006. In determining
the amount of the additional grants that local educational agencies
in counties eligible solely because of this provision will receive, the
number of children counted will be the number counted under section 1005(c)
for the preceding fiscal year, notwithstanding the provisions of section
1006(a)(2) and (3). Notwithstanding the provisions of section 1006(a)(5),
in allocating grants to local educational agencies in a county receiving
additional grants under this provision, a State educational agency shall
give priority consideration to the local educational agency in that county
with the largest number of children counted under section 1005(c).
( 106 ) Page 38, line 22, strike out  [Struck out->][ $600,000,000 ][<-Struck
out]  and insert: $610,000,000
( 107 ) Page 38, line 23, strike out  [Struck out->][ $140,000,000 ][<-Struck
out]  and insert: $130,000,000
( 108 ) Page 38, line 24, strike out  [Struck out->][ $14,000,000 ][<-Struck
out]  and insert: $11,000,000
( 109 ) Page 39, line 10, strike out  [Struck out->][ 3(d)(2)(b) ][<-Struck
out]  and insert: 3(d)(2)(B)
( 110 ) Page 39, line 10, after `3(d)(2)(b)' insert: : Provided further, That
any school district that received a payment under section 5(b)(2) of the Act
for fiscal year 1986, but which the Department of Education has determined
to be ineligible for section 2 assistance due to a review of the original
assessed value of the real property involved at the time of acquisition of
the Federal property, shall be deemed eligible for payments under section 2.
( 111 ) Page 39, line 13, after `IV' insert: , without regard to sections
5112(a) and 5112(c)(2)(A),
( 112 ) Page 39, line 19, after `100-418' insert: ; the Follow Through Act;
and title IX of the Education for Economic Security Act
( 113 ) Page 39, line 19, strike out  [Struck out->][ $1,529,045,000
][<-Struck out]  and insert: $1,686,247,000
( 114 ) Page 39, line 19, strike out  [Struck out->][ $1,148,164,000
][<-Struck out]  and insert: $1,242,490,000
( 115 ) Page 39, line 23, strike out all after `program,' down to and
including `prevention,' in line 24
( 116 ) Page 39, line 24, strike out  [Struck out->][ $33,900,000 ][<-Struck
out]  and insert: $35,914,000
( 117 ) Page 39, line 25, after `2' insert: ; $6,064,000 shall be for
section 5133 and $1,213,000 shall be for section 5134 under title V of the
Elementary and Secondary Education Act of 1965; $15,000,000 shall be for
national program activities under section 2012 and $222,000,000 shall be
for State grants under part A of title II of the Elementary and Secondary
Education Act of 1965; and $7,465,000 shall be for the Follow Through Act for
fiscal year 1991; $4,830,000 shall be for grants for schools and teachers
under subpart 1 and $3,871,000 shall be for family-school partnerships
under subpart 2 of part B of title III of Public Law 100-297
( 118 ) Page 39, line 25, after `2' insert:  ; Provided further, That of
the amounts appropriated herein, $2,000,000 shall be available for the
National Writing Project, contingent upon enactment of authorizing legislation
( 119 ) Page 39, line 25, after `2' insert:  : Provided further, That of
the amounts appropriated herein, $1,000,000 shall be available, to remain
available until expended, for payment of the expenses incurred by the School
Year Extension Study Commission if such a Commission is authorized by law
( 120 ) Page 40, line 4, strike out  [Struck out->][ $205,000,000 ][<-Struck
out]  and insert: $196,779,000
( 121 ) Page 40, line 4, strike out  [Struck out->][ $42,000,000 ][<-Struck
out]  and insert: $31,913,000
( 122 ) Page 40, line 5, after `VII' insert: including not more than
$3,000,000 for the support of not to exceed 300 fellowships under section 7043
( 123 ) Page 40, line 7, after `Act,' insert: as further amended in 1990,
( 124 ) Page 40, line 8, strike out  [Struck out->][ $2,747,730,000 ][<-Struck
out]  and insert: $2,253,503,000
( 125 ) Page 40, line 8, strike out  [Struck out->][ $2,400,000,000 ][<-Struck
out]  and insert: $1,625,125,000
( 126 ) Page 40, line 9, strike out  [Struck out->][ $257,730,000 ][<-Struck
out]  and insert: $300,000,000
( 127 ) Page 40, line 9, strike out  [Struck out->][ $90,000,000 ][<-Struck
out]  and insert: $120,000,000
( 128 ) Page 40, line 11, strike out  [Struck out->][ until ][<-Struck out]
and insert: through
( 129 ) Page 40, line 12, strike out  [Struck out->][ HANDICAPPED ][<-Struck
out]  and insert:  [Struck out->] DISABILITY [<-Struck out]
( 130 ) Page 40, line 16, strike out  [Struck out->][ $1,851,911,000
][<-Struck out]  and insert: $1,903,862,000
( 131 ) Page 40, line 16, strike out  [Struck out->][ $17,455,000 ][<-Struck
out]  and insert: $20,188,000
( 132 ) Page 40, line 17, after `(c)' insert: , including $1,000,000 for
support of projects to serve low-functioning deaf adults
( 133 ) Page 40, line 17, after `(c)' insert: : Provided, That, until
October 1, 1991, the funds appropriated to carry out section 711 of the
Rehabilitation Act of 1973 (29 U.S.C. 796e) shall be used to support entities
currently receiving grants under the section
( 134 ) Page 40, line 18, strike out  [Struck out->][ THE HANDICAPPED
][<-Struck out]  and insert: Persons With Disabilities
( 135 ) Page 40, line 21, strike out  [Struck out->][ $6,076,000 ][<-Struck
out]  and insert: $6,500,000
( 136 ) Page 40, line 25, strike out  [Struck out->][ $37,531,000 ][<-Struck
out]  and insert: $38,495,000
( 137 ) Page 40, line 25, strike out  [Struck out->][ $336,000 ][<-Struck
out]  and insert: $500,000
( 138 ) Page 41, strike out lines 13 to 24 and insert:
For carrying out, to the extent not otherwise provided,  the Carl D. Perkins
Vocational and Applied Technology Education Act, the Adult Education
Act, the Stewart B. McKinney Homeless Assistance Act, the Omnibus Trade
and Competitiveness Act of 1988, and S. 1310 as passed by the Senate
on February 6, 1990, $1,244,879,000 which, unless otherwise provided,
shall become available for obligation on July 1, 1991, and shall remain
available through September 30, 1992: Provided, That of the amounts made
available under the Carl D. Perkins Vocational and Applied Technology
Education Act, $7,500,000 shall, notwithstanding section 3(d)(2) and the
funding distribution requirements of section 3(d)(1)(G), be for community
education employment centers under title III, part G, subpart 1; $3,600,000
shall be for tribally controlled postsecondary vocational institutions
under title III, part H, of which the Crownpoint Institute of Technology
in Crownpoint, New Mexico shall receive $2,000,000 and the United Tribes
Educational Technical Center in Bismarck, North Dakota shall receive
$700,000; and $28,276,000 shall be for national programs under title IV,
including $9,986,000 for research, of which $6,000,000 shall be for the
National Center on Research in Vocational Education and $3,000,000, to
remain available until expended, shall be for the national assessment of
vocational education, $13,200,000 for demonstrations including $2,000,000
for literacy projects in State correctional institutions under section
420A, $5,000,000 for data collection, and $90,000, to become available on
October 1, 1990 and to remain available through September 30, 1991, for
regional meetings and negotiated rulemaking: Provided further, That of the
amounts made available under the Adult Education Act, $1,000,000 shall be
available only for demonstration programs under section 372(d), $3,000,000
shall be for national programs under section 383, and $5,000,000 shall be
for literacy clearinghouse activities under section 384: Provided further,
That $988,000 of the total appropriated herein shall be for technology
education demonstrations under title VI, subtitle B, chapter 2 of the
Omnibus Trade and Competitiveness Act of 1988, and: Provided further,
That $2,000,000 of the total appropriated herein shall be for commercial
driver literacy under S. 1310 as passed by the Senate on February 6, 1990.
( 139 ) Page 42, line 4, strike out  [Struck out->][ $6,777,000,000
][<-Struck out]  and insert: $6,873,950,000, which shall remain available
through September 30, 1992, and
( 140 ) Page 42, line 6, strike out  [Struck out->][ $2,300 ][<-Struck out]
and insert: $2,400
( 141 ) Page 42, line 9, strike out  [Struck out->][ (20 U.S.C. 1001 et
seq.) ][<-Struck out]  and insert: as amended
( 142 ) Page 42, line 23, after `section' insert: : Provided further, That
notwithstanding section 411(b)(6)(B) of the Higher Education Act of 1965,
no Pell grant for award year 1991-1992 shall be awarded to any student who
is attending an institution of higher education on a less than half-time basis
( 143 ) Page 42, line 23, after `section' insert: : Provided further, That
any institution participating in a loan program authorized under part B
of title IV of the Higher Education Act of 1965 as amended, with a default
rate, as determined by the Secretary, that exceeds 30 percent after award
year 1990-1991 shall implement a pro rata refund policy that complies with
minimum standards established by the Secretary in regulations, for any title
IV student aid recipient who withdraws before the earlier of six months from
the beginning of the course of study for which the assistance was received,
or the date on which the student completes one-half of that course
( 144 ) Page 42, line 23, after `section' insert: : Provided further,
That notwithstanding sections 481(b) and 484 of the Higher Education Act
of 1965 as amended, in order for a student to be eligible to receive any
student financial aid authorized under title IV of the Higher Education Act
of 1965 as amended, for award year 1991-1992, a student must have a high
school diploma or its recognized equivalent, or, prior to enrollment in the
course of study for which such assistance is sought, shall have secured a
passing grade on a test of ability to complete successfully that course,
and that the test shall be developed, administered, and graded by one or
more organizations determined by the Secretary to be independent of the
institutions using the test.
( 145 ) Page 43, line 5, strike out  [Struck out->][ $3,900,000,000 ][<-Struck
out]  and insert: $5,381,422,000
( 146 ) Page 43, line 10, strike out all after `1961,' down to and including
`1984' in line 11, and insert: section 612(b) of Public Law 101-162, section
140 of Public Law 100-202, title XIII, part H, subpart 1 of the Education
Amendments of 1980 and Public Law 101-300
( 147 ) Page 43, line 12, strike out  [Struck out->][ $763,616,000 ][<-Struck
out]  and insert: $785,592,000
( 148 ) Page 43, line 12, strike out  [Struck out->][ up to $27,500,000
][<-Struck out]  and insert: $17,893,000
( 149 ) Page 43, line 13, after `III' insert: of the Higher Education Act,
$300,000 for section 777
( 150 ) Page 43, line 14, after `VII' insert: of the Higher Education Act,
$5,500,000 for section 612(b) of Public Law 101-162, $3,000,000 for section
140(a) and $1,000,000 for section 140(b) of Public Law 100-202 and $2,500,000
for Public Law 101-300
( 151 ) Page 43, line 15, strike out all after `expended' down to and
including `98-480' in line 17
( 152 ) Page 43, line 17, after `98-480' insert: : Provided, That of the
amounts provided herein, $750,000 shall be available for subpart 1 of part
H of title XIII of the Education Amendments of 1980
( 153 ) Page 43, line 17, strike out  [Struck out->][ Provided, That
$8,627,000 ][<-Struck out]  and insert: Provided further, That $9,500,000
( 154 ) Page 43, line 25, after `improvements' insert: : Provided further,
That of the amounts provided herein, $5,000,000 shall be available until
expended to carry out title III of H.R. 2666 as passed by the Senate,
contingent upon enactment of authorizing legislation
( 155 ) Page 43, line 25, after `improvements' insert: : Provided further,
That of the amounts provided herein, $1,000,000 shall be available to carry
out title II of the Educational Excellence Act, as passed by the Senate
( 156 ) Page 43, line 25, after `improvements' insert: : Provided further,
That of the amounts provided herein, $4,000,000 shall remain available
until expended for an award for carrying out part B of title VII of the
Higher Education Act
( 157 ) Page 44, line 3, strike out  [Struck out->][ $200,036,000 ][<-Struck
out]  and insert: $195,536,000
( 158 ) Page 44, line 3, strike out  [Struck out->][ $3,000,000 ][<-Struck
out]  and insert: $4,500,000
( 159 ) Page 44, line 6, strike out all after `98-480)' down to and including
`needs' in line 8
( 160 ) Page 45, line 2, strike out  [Struck out->][ $30,000,000 ][<-Struck
out]  and insert: $5,000,000
( 161 ) Page 45, line 22, after `amended,' insert: and title IX of the
Educational Excellence Act, as passed by the Senate,
( 162 ) Page 45, line 22, strike out  [Struck out->][ $133,860,000 ][<-Struck
out]  and insert: $141,726,000
( 163 ) Page 45, line 25, after `purpose' insert: and of which $5,000,000,
to remain available until expended, shall be for the National Board for
Professional Teaching Standards
( 164 ) Page 45, line 25, after `purpose' insert: ; and of which $2,000,000
shall be available, to remain available until expended, for expenses
to be incurred in the operation of an independent National Council on
Educational Goals, or any similar panel, council, commission, or other
entity whose function shall include monitoring progress towards achieving
the national education goals for 2000 or publishing a report that describes
such progress, if--
(A) such entity has a majority of voting members who are neither Federal
appointed or elected officials nor State elected officials but who are
citizens distinguished by training or experience in analyzing educational
data or widely recognized experience in, knowledge of, and commitment to
education and educational excellence;
(B) such entity has members appointed by the leadership of the National
Governors' Association, the President, and the leadership of both Houses
of Congress; and
(C) all action of such entity is taken by a simple majority of the members
attending a duly called and constituted meeting
( 165 ) Page 46, line 5, strike out  [Struck out->][ $140,800,000 ][<-Struck
out]  and insert: $146,428,000
( 166 ) Page 46, line 5, strike out  [Struck out->][ $18,900,000 ][<-Struck
out]  and insert: $19,693,000
( 167 ) Page 46, line 14, after `$331,000,000' insert: , of which $125,000
shall be for an Office of Correctional Education as authorized by title VI,
part A of the Carl D. Perkins Vocational and Applied Technology Education
Act Amendments of 1990
( 168 ) Page 46, line 18, strike out  [Struck out->][ $49,900,000 ][<-Struck
out]  and insert: $50,900,000
( 169 ) Page 48, after line 23, insert:
IMPACT AID

cc6af2b83e989be4df40da7b991d62bfc47b3c2c6b237a9bb255d3e62593d7e6

provisions of section 7 of Public Law 81-874 (20 U.S.C. 241-1) (as amended)
and section 16 of Public Law 81-815 (20 U.S.C. 646) (as amended), the
Secretary of Education shall reduce or waive the administrative guideline
of a 25 percent non-Federal share upon a showing of--
(1) financial hardship by the State or political subdivision thereof in
the provision of; or
(2) a good faith effort by the State or political subdivision thereof
to provide;
the non-Federal share for purposes related to the disaster for which Federal
assistance is sought.
( 170 ) Page 49, line 6, strike out  [Struck out->][ $191,659,000 ][<-Struck
out]  and insert: $200,136,000
( 171 ) Page 49, line 6, strike out  [Struck out->][ $30,500,000 ][<-Struck
out]  and insert: $31,569,000
( 172 ) Page 49, line 7, strike out all after `102' down to and including
`C' in line 8
( 173 ) Page 49, line 13, strike out  [Struck out->][ $306,505,000 ][<-Struck
out]  and insert: $341,940,000
( 174 ) Page 49, line 14, strike out  [Struck out->][ $46,940,000 ][<-Struck
out]  and insert: $66,940,000
( 175 ) Page 50, after line 17, insert:
Joint Study Commission on Postsecondary Institutional Recognition
For salaries and expenses necessary to carry out the functions of the Joint
Study Commission on Postsecondary Institutional Recognition as authorized
by section 1206 of the Higher Education Act, as amended (20 U.S.C. 1145a),
$1,000,000, to remain available until expended.
( 176 ) Page 50, after line 22, insert:
National Commission on Children
For necessary expenses of the National Commission on Children established
by section 9136 of the Omnibus Reconciliation Act of 1987, Public Law
100-203 as amended, $1,100,000, which shall remain available until expended.
( 177 ) Page 51, line 18, strike out  [Struck out->][ $1,200,000 ][<-Struck
out]  and insert: $1,750,000
( 178 ) Page 51, line 24, strike out  [Struck out->][ $151,103,000 ][<-Struck
out]  and insert: $140,111,000
( 179 ) Page 53, line 10, strike out  [Struck out->][ $4,073,000 ][<-Struck
out]  and insert: $3,869,000
( 180 ) Page 53, line 17, strike out  [Struck out->][ $328,000,000 ][<-Struck
out]  and insert: $335,000,000
( 181 ) Page 53, line 20, strike out all after `be' down to and including
`year' in line 22, and insert: immediately credited to the account: Provided
further, That the amount provided herein plus the interest earned thereon
shall be available for payments through September 30, 1991
( 182 ) Page 54, line 1, strike out  [Struck out->][ $100,000 ][<-Struck out]
and insert: $400,000
( 183 ) Page 54, line 7, strike out  [Struck out->][ $73,125,000 ][<-Struck
out]  and insert: $70,200,000
( 184 ) Page 55, line 1, strike out  [Struck out->][ $15,909,000 ][<-Struck
out]  and insert: $15,420,000
( 185 ) Page 55, line 13, strike out  [Struck out->][ $6,000,000 ][<-Struck
out]  and insert: $7,698,000
( 186 ) Page 55, after line 14, insert:
Soldiers' and Airmen's Home
OPERATION AND MAINTENANCE
For maintenance and operation of the United States Soldiers' and Airmen's
Home, to be paid from the Soldiers' and Airmen's Home permanent fund,
$41,583,000: Provided,  That this appropriation shall not be available
for the payment of hospitalization of members of the Home in United States
Army hospitals at rates in excess of those prescribed by the Secretary of
the Army upon recommendation of the Board of Commissioners and the Surgeon
General of the Army.
CAPITAL OUTLAY
For  construction and renovation of the physical plant, to be paid from
the Soldiers' and Airmen's Home permanent fund, $11,500,000,  to remain
available until expended.
( 187 ) Page 55, line 19, strike out  [Struck out->][ $8,000,000 ][<-Struck
out]  and insert: $9,200,000
( 188 ) Page 55, after line 19, insert:
WHITE HOUSE CONFERENCE ON LIBRARY AND INFORMATION SERVICES
For carrying out activities under Public Law 100-382, $1,000,000.
( 189 ) Page 59, after line 20, insert:

04613225b2e01f0bf0956050b5fec3582741dfa8d5e126132be873099ea6bb25

for salaries and expenses of the Department of Labor are hereby reduced
by $9,000,000; salaries and expenses of the Department of Education are
hereby reduced by $5,000,000; and salaries and expenses of the Department
of Health and Human Services are hereby reduced by $50,000,000: Provided,
That no trust fund limitation shall be reduced with the exception of the
Social Security Administration, Limitation on Administrative Expenses,
which is hereby reduced by $57,000,000.
( 190 ) Page 59, after line 20, insert:

dda7dc6c00714530a1970afe96db9cec33a654631bc40844d9aa2482295b5337

Emergency Deficit Control Reaffirmation Act of 1987, transfers, if
any, in the following accounts are a necessary (but secondary) result
of significant policy changes: Training and Employment Services; State
Unemployment Insurance and Employment Service Operations; Health Resources
and Services; Low Income Home Energy Assistance; Interim Assistance to
States for Legalization; and Human Development Services.
( 191 ) Page 50, after line 20, insert:
IMPACT AID

b14cfdcca90cd29c773efb504d210e593d778f51cb3c7aa4c6704f77493484b0

U.S.C. 240) (hereafter in this section referred to as the `Act') shall not
apply to any local educational agency that was an agency described in section
5(c)(2) (A)(ii) of the Act in fiscal year 1990 but is an agency described
in section 5(c)(2)(A)(iii) in fiscal year 1991 as a result of families
moving off base due to a landfill or health concern or an environmental
hazard, or due to risk assessment, investigation, testing or remediation
for such concern or hazard, and any such local educational agency shall
be deemed to belong to the category described in section 5(c)(2)(A)(ii)
for fiscal year 1991.
Attest:
Secretary.
HR 5257 EAS----2
HR 5257 EAS----3
HR 5257 EAS----4
HR 5257 EAS----5
HR 5257 EAS----6

3f5dfd4407b204310544d41d82c0d8d2e02b9aeb6a489b2098247cc03f88aed0

Department of Education Appropriations Act, 1991 — HR. 5257

Other Sections

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