[Congressional Bills 103th Congress]
[From the U.S. Government Printing Office]
[H.R. 6 Enrolled Bill (ENR)]
H.R.6
One Hundred Third Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-fifth day of January, one thousand nine hundred and ninety-
four
An Act
To extend for five years the authorizations of appropriations for the
programs under the Elementary and Secondary Education Act of 1965, and
for certain other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

670f2cbf7f60e83e0bd265c0ac1029c46a88480459b018bbf20a355d86caaa94

This Act may be cited as the ``Improving America's Schools Act of
1994''.

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This Act is organized into the following titles:
1965

17089a381bd6b9b1f3c467455ab06fc1419d3e1837872670c7fe1287e9f941c0

(a) Effective Dates.--
(1) Title i.--
(A) Title I and the amendment made by title I of this Act
shall take effect July 1, 1995, except that those provisions of
title I that apply to programs under title VIII (Impact Aid) of
the Elementary and Secondary Education Act of 1965, as amended
by this Act, and to programs under such Act that are conducted
on a competitive basis, shall be effective with respect to
appropriations for use under such programs for fiscal year 1995
and for subsequent fiscal years.
(B) Title VIII of the Elementary and Secondary Education
Act of 1965, as amended by title I of this Act, shall take
effect on the date of the enactment of this Act.
(2) Title ii.--Title II of this Act and the amendments made by
title II of this Act shall take effect on the date of enactment of
this Act, except that section 236 (equity for students, teachers,
and other program beneficiaries) of such title shall be effective--
(A) July 1, 1995 for noncompetitive programs in which funds
are allocated on the basis of a formula; and
(B) for programs that are conducted on a competitive basis,
with respect to appropriations for use under such programs in
fiscal year 1995 and in subsequent fiscal years.
(3) Title iii.--(A) Parts A and B of title III of this Act and
the amendments made by such parts shall take effect on July 1,
1995.
(B) Part C of title III of this Act and the amendments made by
such part shall take effect on October 1, 1994.
(b) Transition.--Notwithstanding any other provision of law, a
recipient of funds under the Elementary and Secondary Education Act of
1965, as such Act was in effect on the day preceding the date of
enactment of this Act, may use funds available to such recipient under
such predecessor authority to carry out necessary and reasonable
planning and transition activities in order to ensure a smooth
implementation of programs authorized by this Act.
1965

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TITLE V

-MISCELLANEOUS

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TITLE I

-AMENDMENTS TO THE ELEMENTARY AND SECONDARY EDUCATION ACT OF

Section 400 of the General Education Provisions Act (20 U.S.C. 1221
et seq.) (hereafter in this title (other than part F) referred to as
the ``Act'') is amended to read as follows:
``short title; applicability; definitions
``Sec. 400. (a) This title may be cited as the `General Education
Provisions Act'.
``(b)(1) Except as otherwise provided, this title applies to each
applicable program of the Department of Education.
``(2) Except as otherwise provided, this title does not apply to
any contract made by the Department of Education.
``(c) As used in this title, the following terms have the following
meanings:
``(1) The term `applicable program' means any program for which
the Secretary or the Department has administrative responsibility
as provided by law or by delegation of authority pursuant to law.
The term includes each program for which the Secretary or the
Department has administrative responsibility under the Department
of Education Organization Act or under Federal law effective after
the effective date of that Act.
``(2) The term `applicable statute' means--
``(A) the Act or the title, part, section, or any other
subdivision of an Act, as the case may be, that authorizes the
appropriation for an applicable program;
``(B) this title; and
``(C) any other statute that by its terms expressly
controls the administration of an applicable program.
``(3) The term `Department' means the Department of Education.
``(4) The term `Secretary' means the Secretary of Education.
``(d) Nothing in this title shall be construed to affect the
applicability of title VI of the Civil Rights Act of 1964, title IX of
the Education Amendments of 1972, title V of the Rehabilitation Act of
1973, the Age Discrimination Act, or other statutes prohibiting
discrimination, to any applicable program.''.

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TITLE II

-AMENDMENTS TO THE GENERAL EDUCATION PROVISIONS ACT

(a) Repeals.--
(1) Sections.--Sections 400A, 401, 402, 403, 406, 406A, 406B,
406C, 407, 413, 416, 419, 421, 423, 424, 426A, and 429 of the Act
are repealed.
(2) Part.--Part D of the Act is repealed.
(b) Redesignations.--
(1) Sections.--Sections 408, 409, 411, 412, 414, 415, 417, 420,
421A, 422, 425, 426, 427, 428, 430, 431, 432, 433, 434, 435, 436,
437, 438, 439, and 440 of the Act are redesignated as sections 410,
411, 420, 421, 422, 423, 425, 426, 430, 431, 432, 433, 434, 435,
436, 437, 438, 439, 440, 441, 442, 443, 444, 445, and 446 of the
Act, respectively.
(2) Part.--Part E of the Act is redesignated as part D of the
Act.
(3) Cross references.--(A) Paragraph (6) of section 441(b) (as
redesignated by paragraph (1)) (20 U.S.C. 1232d(b)(6)) is amended
by striking ``437'' and inserting ``443''.
(B) Paragraph (4) of section 442(b) of the Act (as redesignated
by paragraph (1)) (20 U.S.C. 1232e(b)(4)) is amended by striking
``437'' and inserting ``443''.
(C) Subsection (a) of section 446 of the Act (as redesignated
by paragraph (1)) (20 U.S.C. 1232i(a)) is amended by striking
``438(b)(1)(D)'' and inserting ``444(b)(1)(D)''.
(D) Subsection (a) of section 458 of the Act (20 U.S.C.
1234g(a)) is amended by striking ``435(a)'' and inserting
``441(a)''.
PART B--THE DEPARTMENT OF EDUCATION

b58981e68c047f0ac38aed065fccbdf6dead6f95689edb8f51b1cae69daa4197

The heading for part A of the Act is amended to read as follows:
``Part A--Functions of the Department of Education''.

83658b921ee5e9041bf3a4f88ea94d88817b0a5742691a3909c383c38c061452

Section 410 of the Act (as redesignated by section 212(b)(1)) (20
U.S.C. 1221e-3) is amended to read as follows:
``general authority of the secretary
``Sec. 410. The Secretary, in order to carry out functions
otherwise vested in the Secretary by law or by delegation of authority
pursuant to law, and subject to limitations as may be otherwise imposed
by law, is authorized to make, promulgate, issue, rescind, and amend
rules and regulations governing the manner of operation of, and
governing the applicable programs administered by, the Department.''.
PART C--APPROPRIATIONS AND EVALUATIONS

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Section 420 of the Act (as redesignated by section 212(b)(1)) (20
U.S.C. 1223) is amended to read as follows:
``forward funding
``Sec. 420. (a) To the end of affording the responsible Federal,
State, and local officers adequate notice of available Federal
financial assistance for carrying out ongoing education activities and
projects, appropriations for grants, contracts, or other payments under
any applicable program are authorized to be included in the
appropriations Act for the fiscal year preceding the fiscal year during
which such activities and projects shall be carried out.
``(b) In order to effect a transition to the timing of
appropriation action authorized by subsection (a), the application of
this section may result in the enactment, in a fiscal year, of separate
appropriations for an applicable program (whether in the same
appropriations Act or otherwise) for two consecutive fiscal years.''.

8d1a96499ff82a06f63ce5fa4fae63ea95695a24cd71268c0d24da18b7b22548

(a) Amendment to Heading.--The heading for section 421 of the Act
(as redesignated by section 212(b)(1)) (20 U.S.C. 1225) is amended to
read as follows:
``availability of appropriations on academic or school-year basis;
additional period for obligation of funds''.
(b) Amendment to Text.--Section 421 of the Act (20 U.S.C. 1225) is
further amended--
(1) in subsection (a)--
(A) by striking ``to educational agencies or
institutions'';
(B) by striking ``expenditure'' and inserting
``obligation''; and
(C) by striking ``agency or institution concerned'' and
inserting ``recipient'';
(2) in subsection (b), by striking ``(b) Notwithstanding'' and
inserting ``(b)(1) Notwithstanding''; and
(3) in subsection (c), by striking ``section 3679(d)(2) of the
Revised Statutes'' and inserting ``section 1341(a) of title 31,
United States Code''.

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Section 422 of the Act (as redesignated by section 212(b)(1)) (20
U.S.C. 1226a) is amended to read as follows:
``contingent extension of programs
``Sec. 422. (a) The authorization of appropriations for, or
duration of, an applicable program shall be automatically extended for
one additional fiscal year unless Congress, in the regular session that
ends prior to the beginning of the terminal fiscal year of such
authorization or duration, has passed legislation that becomes law and
extends or repeals the authorization or duration of such program.
``(b) The amount authorized to be appropriated for the period of
automatic extension under subsection (a) of an applicable program shall
be the amount authorized to be appropriated for such program for the
terminal fiscal year of the applicable program.
``(c) If the Secretary is required, in the terminal fiscal year of
an applicable program, to carry out certain acts or make certain
determinations that are necessary for the continuation of such program,
such acts or determinations shall be required to be carried out or made
during the period of automatic extension under subsection (a).
``(d) This section shall not apply to the authorization of
appropriations for a commission, council, or committee which is
required by an applicable statute to terminate on a date certain.''.

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Subpart 2 of part B of the Act (20 U.S.C. 1226b et seq.) is amended
by inserting before section 425 (as redesignated by section 212(b)(1))
the following new section:
``responsibility of states to furnish information
``Sec. 424. (a) Each State educational agency shall submit to the
Secretary a report on or before March 15 of every second year. Each
such report shall include--
``(1) information with respect to the uses of Federal funds in
such State in the two preceding fiscal years under any applicable
program under the jurisdiction of the State educational agency; and
``(2) information with respect to the uses of Federal funds in
such State in the two preceding fiscal years under any Federal
program administered by the State that provided grants or contracts
to a local educational agency in the State.
``(b) Each report submitted under subsection (a) shall--
``(1) list, with respect to each program for which information
is provided, all grants made to and contracts entered into with
local educational agencies and other public and private agencies
and institutions within the State during each fiscal year
concerned;
``(2) analyze the information included in the report by local
educational agency and by program;
``(3) include the total amount of funds available to the State
under each such program for each fiscal year concerned; and
``(4) be made readily available by the State to local
educational agencies and institutions within the State and to the
public.
``(c) If the Secretary does not receive a report by the date
required under subsection (a), or receives an incomplete report, the
Secretary, not later than 30 days after such report is required to be
submitted, shall take all reasonable measures to obtain the delinquent
or incomplete information from the State educational agency.
``(d) When the Secretary receives a report required under
subsection (a), the Secretary shall provide such information to the
National Center for Education Statistics, and shall make such
information available, at a reasonable cost, to any individual who
requests such information.
``(e) The Secretary shall consult with the Speaker and Minority
Leader of the House of Representatives and the Majority and Minority
Leaders of the Senate regarding the costs and feasibility of making the
information described in subsection (a) available as part of a
telecommunications network that is readily accessible to every member
of Congress and other interested parties.
``(f) On or before August 15 of each year in which reports are
submitted under subsection (a), the Secretary shall submit a report to
the Committee on Education and Labor of the House of Representatives
and the Committee on Labor and Human Resources of the Senate. Such
report shall include--
``(1) an analysis of the content and data quality of such
reports;
``(2) a compilation of statistical data derived from such
reports; and
``(3) information obtained by the Secretary with respect to--
``(A) direct grants made to local educational agencies by
the Federal Government; and
``(B) contracts entered into between such agencies and the
Federal Government.''.

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Section 425 of the Act (as redesignated by section 212(b)(1)) (20
U.S.C. 1226c) is amended to read as follows:
``biennial evaluation report
``Sec. 425. Not later than March 31, 1995, and every two years
after such date, the Secretary shall transmit to the Committee on
Education and Labor of the House of Representatives and the Committee
on Labor and Human Resources of the Senate an evaluation report on the
effectiveness of applicable programs in achieving such programs'
legislated intent and purposes during the two preceding fiscal years.
Such report shall--
``(1) contain program profiles that include legislative
citations, multiyear funding histories, and legislated purposes;
``(2) contain recent information on the progress being made
toward the achievement of program objectives, including listings of
program performance indicators, data from performance measurement
based on the indicators, and information on the costs and benefits
of the applicable programs being evaluated;
``(3) address significant program activities, such as
initiatives for program improvement, regulations, and program
monitoring and evaluation;
``(4) list the principal analyses and studies supporting the
major conclusions in such report;
``(5) be prepared in concise summary form with necessary
detailed data and appendixes, including available data to indicate
the effectiveness of the programs and projects by the race, sex,
disability and age of beneficiaries of such programs and projects;
and
``(6) include the results of the program evaluations conducted
in accordance with section 14701 of the Elementary and Secondary
Education Act of 1965.''.

25273a9eb27f71f738247fb4189c6584dc9c9297c170ffbdef4e134b0a263bda

BENEFICIARIES.
Subpart 2 of part B of the Act (20 U.S.C. 1226b et seq.) is further
amended by inserting after section 426 (as redesignated by section
212(b)(1)) the following new section:
``EQUITY FOR STUDENTS, TEACHERS, AND OTHER PROGRAM BENEFICIARIES
``Sec. 427. (a) The purpose of this section is to assist the
Department in implementing the Department's mission to ensure equal
access to education and to promote educational excellence throughout
the Nation, by--
``(1) ensuring equal opportunities to participate for all
eligible students, teachers, and other program beneficiaries in any
project or activity carried out under an applicable program; and
``(2) promoting the ability of such students, teachers, and
beneficiaries to meet high standards.
``(b) The Secretary shall require each applicant for assistance
under an applicable program (other than an individual) to develop and
describe in such applicant's application the steps such applicant
proposes to take to ensure equitable access to, and equitable
participation in, the project or activity to be conducted with such
assistance, by addressing the special needs of students, teachers, and
other program beneficiaries in order to overcome barriers to equitable
participation, including barriers based on gender, race, color,
national origin, disability, and age.
``(c) The Secretary may establish criteria and provide technical
assistance for meeting the requirements of this section.
``(d) Nothing in this section shall be construed to alter in any
way the rights or responsibilities established under the laws cited in
section 400(d) of this Act.''.

1e7a6efd9b4175d3ac280632f461d6f3b820d90f68bafca3a98bcea35de051a6

Subpart 2 of part B of the Act (20 U.S.C. 1226b et seq.) is further
amended by adding at the end the following new section:
``coordination
``Sec. 428. The National Assessment Governing Board, the Advisory
Council on Education Statistics, the National Education Goals Panel,
the National Education Standards and Improvement Council, and any other
board established to analyze, address, or approve education content or
student performance standards and assessments shall coordinate and
interact with one another in order to ensure that each such entity does
not duplicate activities to assist the States in reforming their
educational systems.''.

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Subpart 2 of part B of the Act (20 U.S.C. 1226b) is further amended
by inserting after section 428 (as added by section 237) the following
new section:
``disclosure requirements
``Sec. 429. (a) In General.--Each educational organization, prior
to enrolling a minor and prior to accepting funds for the cost of a
minor's participation in an educational program operated by such
organization, shall disclose the following information in written form
to the minor or the minor's parent.
``(1) Method of solicitation and selection.--The method of
solicitation and selection of participants in the educational
program, including--
``(A) the origin of any mailing list used for such
solicitation and selection;
``(B) any recruitment through a local school official,
teacher, or school personnel, including any compensation or
other benefit offered to such official, teacher, or personnel
for the recommendation of a minor for participation in the
educational program;
``(C) any open enrollment activity, including the method of
outreach; and
``(D) any cooperation with, or sponsorship by, a membership
organization, including a description of the cooperation or
sponsorship and the name of each such organization.
``(2) Cost and fees.--Information regarding the cost of the
educational program and information regarding the distribution of
any enrollment fee, including--
``(A) the amount paid for, and the percentage of the total
educational program cost of, each feature of the educational
program, including--
``(i) food;
``(ii) lodging;
``(iii) transportation;
``(iv) program staffing;
``(v) textbooks, syllabi, or other scholastic
educational program materials;
``(vi) speaker fees; and
``(vii) administrative expenses, including expenses
related to--
``(I) the preparation of nonscholastic educational
program materials;
``(II) the provision of financial assistance;
``(III) mailing list rental or other recruitment
activity; and
``(IV) administrative salaries and consulting fees;
``(B) the identity of the organization or business
providing each of the features described in clauses (i) through
(vii) of subparagraph (A); and
``(C) the nature of any relationship of any board member,
officer, or employee of the educational organization to any
organization or business described in subparagraph (B),
including the salary or other compensation paid by such
organization or business to such board member, officer, or
employee.
``(b) Nondiscriminatory Enrollment and Service Policy.--
``(1) In general.--Each educational organization shall include
a verifiable statement in all enrollment or recruitment material
that the educational organization does not--
``(A) fail or refuse to hire, or discharge, any individual,
or otherwise discriminate against any individual with respect
to compensation, terms, conditions, or privileges of
employment; or
``(B) exclude any student from participation in an
educational program, discriminate against any student in
providing the benefits associated with such program (including
any scholarship or financial assistance, and use of any
facility), or subject the student to discrimination under such
program, on the basis of race, disability, or residence in a
low-income area.
``(2) Construction.--Nothing in this subsection shall be
construed to entitle a student to--
``(A) participation in an educational program or any
benefit associated with such program; or
``(B) a waiver of any fee charged for such participation or
benefit.
``(c) Enforcement.--The Secretary shall--
``(1)(A) widely disseminate information about the requirements
of this section to State and local school officials and parents;
and
``(B) require educational organizations to submit appropriate
information or assurances regarding such organizations' compliance
with this section; and
``(2) take whatever other steps the Secretary determines are
appropriate to enforce this section, including--
``(A) promulgating regulations;
``(B) establishing a complaint process;
``(C) referring complaints to the relevant Federal, State,
or local authorities for appropriate action;
``(D) alerting educational agencies, schools, and parents
to the practices of educational organizations that violate the
provisions of this section; and
``(E) imposing civil fines (not to exceed $1,000 per
violation) on educational organizations that knowingly violate
this section.
``(d) Definitions.--As used in this section:
``(1) Disability.--The term `disability' has the same meaning
given to such term by section 3(2) of the Americans with
Disabilities Act of 1990.
``(2) Educational organization.--(A) Except as provided in
subparagraphs (B) and (C), the term `educational organization'
means any organization or entity that--
``(i) provides an educational program for a fee; and
``(ii) recruits students through means such as commercial
media, direct mailings, school recruitment programs, school
administrators, teachers or staff, or current or former
participants in an educational program offered by such
organization or entity.
``(B) The definition in subparagraph (A) shall not include--
``(i) a local educational agency, State educational agency,
a State department of education, or an elementary or secondary
school as defined by the Elementary and Secondary Education Act
of 1965;
``(ii) an institution of higher education as defined by
section 1201(a) of the Higher Education Act of 1965; or
``(iii) a local organization sponsored by an elementary or
secondary school, a recreational organization, an entertainment
organization, a local sports activity group, or a social club.
``(C) For the purpose of subsection (a) only, such term does
not include an organization or entity that provides an educational
program if such organization or entity--
``(i) recruits, for participation in such program, solely
through a local school official; and
``(ii) does not offer a local school official, teacher, or
other school personnel compensation (other than compensation
for actual expenses incurred in performing chaperon activities
or for participating in separate, professionally-staffed
teacher training and technical assistance seminars and
workshops related to such program) or any other benefit for
such recruitment.
``(3) Educational program.--(A) Except as provided in
subparagraph (B), the term `educational program' means a special
honors program, seminar, citizenship experience, government study
program, educational vacation, student exchange program, or other
educational experience or honor--
``(i) that is generally directed toward minors or secondary
school students;
``(ii) for which a tuition or enrollment fee is charged;
``(iii) that is offered away from a student's regular place
of school attendance;
``(iv) that includes not less than one supervised night
away from home; and
``(v) that is intended to enhance a student's regular
course of study.
``(B) Such term does not include a recreational program, or a
social or religious activity.
``(4) Local school official.--The term `local school official'
means the highest administrative official serving a school
district, or such individual's designee.
``(5) Minor.--The term `minor' means an individual who has not
attained the age of 18 years.
``(6) Membership organization.--The term `membership
organization' includes any organization that maintains a membership
list or collects dues or membership fees from its members.
``(7) Recreational organization.--The term `recreational
organization' includes any organization or entity that has as its
primary function pleasure, amusement, or sports activities.
``(8) Recreational program.--The term `recreational program'
includes any activity or service that is intended as an
entertainment pastime.''.
PART D--ADMINISTRATION OF EDUCATION PROGRAMS

8475b8463c021db0df4f1f1723a1b55f934576e912b16df2e8eff9fe4a9f96f7

Section 430 of the Act (as redesignated by section 212(b)(1)) (20
U.S.C. 1231) is amended to read as follows:
``joint funding of programs
``Sec. 430. (a)(1) The Secretary is authorized to enter into
arrangements with other Federal agencies to jointly carry out projects
of common interest, to transfer to such agencies funds appropriated
under any applicable program, and to receive and use funds from such
agencies, for projects of common interest.
``(2) Funds transferred or received pursuant to paragraph (1) shall
be used only in accordance with the statutes authorizing the
appropriation of such funds, and shall be made available by contract or
grant only to recipients eligible to receive such funds under such
statutes.
``(3) If the Secretary enters into an agreement under this
subsection for the administration of a project, the agency
administering the project shall use such agency's procedures to award
contracts or grants and to administer such awards, unless the parties
to the agreement specify the use of procedures of another agency that
is a party to the agreement.
``(4) If the Secretary has entered into an agreement authorized
under this subsection and the Secretary and the heads of the other
agencies participating in the agreement determine that joint funding is
necessary to address a special need consistent with the purposes and
authorized activities of each program that provides funding under the
joint project, the Secretary and the heads of the other participating
agencies may develop a single set of criteria for the jointly funded
project and require each applicant for such project to submit a single
application for review by the participating agencies.
``(b) The Secretary may develop the criteria for, and require the
submission of, joint applications under two or more applicable programs
under which funds are awarded on a competitive basis, and may jointly
review and approve such applications separately from other applications
under such programs, when the Secretary determines that such joint
awards are necessary to address a special need consistent with the
purposes and authorized activities of each such program. Any applicant
for such a joint award shall meet the eligibility requirements of each
such program.
``(c) The Secretary may not construe the provisions of this section
to take precedence over a limitation on joint funding contained in an
applicable statute.
``(d)(1) The Secretary shall provide notice to the Committee on
Education and Labor of the House of Representatives and to the
Committee on Labor and Human Resources of the Senate of each joint
funding agreement made with other Federal agencies not later than 60
days after the making of such agreements.
``(2) Such notice shall include--
``(A) a description of the purpose and objectives of the joint
funding arrangement;
``(B) the amounts and sources, by program, of the funds
dedicated to such arrangement; and
``(C) the criteria developed to govern the award of contracts
and grants.''.

99d16e382f23f5f339a2dd7e67c6c06daec59307138a7ffeff3eec88df20eb23

Section 431 of the Act (as redesignated by section 212(b)(1)) (20
U.S.C. 1231a) is amended to read as follows:
``COLLECTION AND DISSEMINATION OF INFORMATION
``Sec. 422. The Secretary shall--
``(1) prepare and disseminate to State and local educational
agencies and institutions information concerning applicable
programs, and cooperate with other Federal officials who administer
programs affecting education in disseminating information
concerning such programs;
``(2) inform the public regarding federally supported education
programs; and
``(3) collect data and information on applicable programs for
the purpose of obtaining objective measurements of the
effectiveness of such programs in achieving the intended purposes
of such programs.''.

3d6fe42d1fff7f030aebafcc8429ce921381b73a95a7304b31b67b5a20f71c5f

Section 432 of the Act (as redesignated by section 212(b)(1)) (20
U.S.C. 1231b-2) is amended--
(1) in subsection (a)--
(A) by striking ``Commissioner'' and inserting
``Secretary'';
(B) by striking ``and in the case of the program provided
for in title I of the Elementary and Secondary Education Act of
1965,'';
(C) in the third sentence by inserting a comma after ``the
hearing''; and
(D) in the fourth sentence--
(i) by striking the comma after ``guidelines''; and
(ii) by inserting a comma after ``program'';
(2) in subsection (b), by striking ``Commissioner'' each place
such term appears and inserting ``Secretary''; and
(3) in subsection (d)--
(A) by striking ``Commissioner'' each place such term
appears and inserting ``Secretary''; and
(B) by inserting before the period ``or issue such other
orders as the Secretary may deem appropriate to achieve such
compliance''.

10c93def5537e45814a87da7aef0831021d57339725b1ded76524a70ced4dbb1

The matter preceding paragraph (1) of section 434 of the Act (as
redesignated by section 212(b)(1)) (20 U.S.C. 1231d) is amended--
(1) in the first sentence--
(A) by striking ``Commissioner'' and inserting
``Secretary''; and
(B) by striking ``he'' and inserting ``the Secretary''; and
(2) in the second sentence by inserting ``is made'' after
``such determination''.

edf9d465c9ed110b3f4f560da9ce644bfdc6e03246c750f8e811e83aff468258

Section 435 of the Act (as redesignated by section 212(b)(1)) (20
U.S.C. 1231e) is amended to read as follows:
``USE OF FUNDS WITHHELD
``Sec. 435. (a) At any time that the Secretary makes an allotment
or reallotment to any State under any applicable program, the Secretary
shall reduce such allotment or reallotment by such amount as the
Secretary determines such allotment or reallotment would have been
reduced, had the data on which such allotment or reallotment is based
excluded all data relating to local educational agencies of the State
that, on the date of the Secretary's action, are ineligible to receive
the Federal financial assistance involved because of failure to comply
with title VI of the Civil Rights Act of 1964, title IX of the
Education Amendments of 1972, section 504 of the Rehabilitation Act of
1973, or the Age Discrimination Act of 1975.
``(b) The Secretary may use any funds withheld under subsection
(a)--
``(1) to increase the allotments or reallotments of local
educational agencies within the State that are not described in
subsection (a), or the allotments or reallotment of all States, in
accordance with the Federal law governing the program; or
``(2) for grants to local educational agencies of that State in
accordance with section 405 of the Civil Rights Act of 1964, or for
any other program administered by the Department that is designed
to enhance equity in education or redress discrimination on the
basis of race, color, national origin, sex, age, or disability.''.

1e118673f2af4651a0ca7b6fa1a4ac79dd10d73fe3e2380ea6c5c69c5dcf5017

Section 436 of the Act (as redesignated by section 212(b)(1)) (20
U.S.C. 1231g) is amended--
(1) in subsection (a), by striking ``for three fiscal years''
and inserting ``for more than one fiscal year''; and
(2) by striking ``Commissioner'' each place such term appears
and inserting ``Secretary''.

d952f1159f16d75c91b6dd5e775e18a744365d14c161f77fe2c7455e40324260

Section 437 of the Act (as redesignated by section 212(b)(1)) (20
U.S.C. 1232) is amended to read as follows:
``regulations
``Sec. 437. (a) For the purpose of this section, the term
`regulation' means any generally applicable rule, regulation,
guideline, interpretation, or other requirement that--
``(1) is prescribed by the Secretary or the Department; and
``(2) has legally binding effect in connection with, or
affecting, the provision of financial assistance under any
applicable program.
``(b) Regulations shall contain, immediately following each
substantive provision of such regulations, citations to the particular
section or sections of statutory law or other legal authority on which
such provision is based.
``(c) All regulations shall be uniformly applied and enforced
throughout the 50 States.
``(d) The exemption for public property, loans, grants and benefits
in section 553(a)(2) of title 5, United States Code, shall apply only
to regulations--
``(1) that govern the first grant competition under a new or
substantially revised program authority as determined by the
Secretary; or
``(2) where the Secretary determines that the requirements of
this subsection will cause extreme hardship to the intended
beneficiaries of the program affected by such regulations.
``(e) Not later than 60 days after the date of enactment of any
Act, or any portion of any Act, affecting the administration of any
applicable program, the Secretary shall submit to the Committee on
Education and Labor of the House of Representatives and the Committee
on Labor and Human Resources of the Senate a schedule in accordance
with which the Secretary plans to promulgate final regulations that the
Secretary determines are necessary to implement such Act or portion of
such Act. Such schedule shall provide that all such final regulations
shall be promulgated within 360 days after the date of enactment of
such Act or portion of such Act.
``(f) Concurrently with the publication of any final regulations,
the Secretary shall transmit a copy of such final regulations to the
Speaker of the House of Representatives and the President pro tempore
of the Senate.''.

0196862227a8b5f4ca61e468aa4d443ab0b1cfd4f38c5c54f450bdae224c6467

Section 443 of the Act (as redesignated by section 212(b)(1)) (20
U.S.C. 1232f) is amended--
(1) in subsection (a)--
(A) by striking ``grant, subgrant, contract, subcontract,
loan, or other arrangement (other than procurement contracts
awarded by an administrative head of an educational agency)''
and inserting ``grant, subgrant, cooperative agreement, loan,
or other arrangement'';
(B) by inserting ``financial or programmatic'' before
``audit.''; and
(C) in the last sentence, by striking ``five'' and
inserting ``three''; and
(2) in subsection (b), by striking ``to any records of a
recipient which may be related, or pertinent to, the grants,
subgrants, contracts, subcontracts, loans, or other arrangements''
and inserting ``to any records maintained by a recipient that may
be related, or pertinent to, grants, subgrants, cooperative
agreements, loans, or other arrangements''.

8ce464c62b2a9a55a0c8ef3bcaae8f40a649722b3fb6f47a050fca3584bf5c3a

Section 444 of the Act (as redesignated by section 212(b)(1)) (20
U.S.C. 1232g) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively;
(ii) by inserting after subparagraph (A) the following
new subparagraph:
``(B) No funds under any applicable program shall be made
available to any State educational agency (whether or not that
agency is an educational agency or institution under this
section) that has a policy of denying, or effectively prevents,
the parents of students the right to inspect and review the
education records maintained by the State educational agency on
their children who are or have been in attendance at any school
of an educational agency or institution that is subject to the
provisions of this section.'';
(iii) in clause (iii) of subparagraph (C) (as
redesignated by clause (i)), by striking ``(C)'' and
inserting ``(D)''; and
(iv) in subparagraph (D) (as redesignated by clause
(i)), by striking ``(B)'' and inserting ``(C)''; and
(B) in paragraph (2), by striking ``or other rights'' and
inserting ``rights'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (A), by inserting ``, including the
educational interests of the child for whom consent would
otherwise be required'' before the semicolon;
(ii) by amending subparagraph (E) to read as follows:
``(E) State and local officials or authorities to whom such
information is specifically allowed to be reported or disclosed
pursuant to State statute adopted--
``(i) before November 19, 1974, if the allowed reporting or
disclosure concerns the juvenile justice system and such
system's ability to effectively serve the student whose records
are released, or
``(ii) after November 19, 1974, if--
``(I) the allowed reporting or disclosure concerns the
juvenile justice system and such system's ability to
effectively serve, prior to adjudication, the student whose
records are released; and
``(II) the officials and authorities to whom such
information is disclosed certify in writing to the
educational agency or institution that the information will
not be disclosed to any other party except as provided
under State law without the prior written consent of the
parent of the student.'';
(iii) in subparagraph (H), by striking ``and'' after
the semicolon;
(iv) in subparagraph (I), by striking the period and
inserting ``; and''; and
(v) by adding at the end the following new
subparagraph:
``(J)(i) the entity or persons designated in a Federal
grand jury subpoena, in which case the court shall order, for
good cause shown, the educational agency or institution (and
any officer, director, employee, agent, or attorney for such
agency or institution) on which the subpoena is served, to not
disclose to any person the existence or contents of the
subpoena or any information furnished to the grand jury in
response to the subpoena; and
``(ii) the entity or persons designated in any other
subpoena issued for a law enforcement purpose, in which case
the court or other issuing agency may order, for good cause
shown, the educational agency or institution (and any officer,
director, employee, agent, or attorney for such agency or
institution) on which the subpoena is served, to not disclose
to any person the existence or contents of the subpoena or any
information furnished in response to the subpoena.'';
(B) in paragraph (2)--
(i) in the matter preceding subparagraph (A), by
striking the period and inserting ``, unless--''; and
(ii) in subparagraph (B), by inserting ``except as
provided in paragraph (1)(J),'' before ``such
information''; and
(C) in subparagraph (B) of paragraph (4), by adding at the
end the following new sentence: ``If a third party outside the
educational agency or institution permits access to information
in violation of paragraph (2)(A), or fails to destroy
information in violation of paragraph (1)(F), the educational
agency or institution shall be prohibited from permitting
access to information from education records to that third
party for a period of not less than five years.'';
(3) in subsection (c), by striking ``The Secretary shall adopt
appropriate regulations to'' and inserting ``Not later than 240
days after the date of enactment of the Improving America's Schools
Act of 1994, the Secretary shall adopt appropriate regulations or
procedures, or identify existing regulations or procedures,
which'';
(4) in subsection (e), by inserting ``effectively'' before
``informs''; and
(5) by adding at the end the following new subsection:
``(h) Nothing in this section shall prohibit an educational agency
or institution from--
``(1) including appropriate information in the education record
of any student concerning disciplinary action taken against such
student for conduct that posed a significant risk to the safety or
well-being of that student, other students, or other members of the
school community; or
``(2) disclosing such information to teachers and school
officials, including teachers and school officials in other
schools, who have legitimate educational interests in the behavior
of the student.''.

f242ff406287257d00c9e23c748b6405856f1944567d8e3a4ef84a77ded7852c

(a) Recovery of Funds.--Section 452 of the Act (20 U.S.C. 1234a) is
amended--
(1) in the first sentence of paragraph (2) of subsection (a),
by striking ``stating'' and all that follows through the end of
such sentence and inserting ``establishing a prima facie case for
the recovery of funds, including an analysis reflecting the value
of the program services actually obtained in a determination of
harm to the Federal interest.'';
(2) in the first sentence of paragraph (1) of subsection (b),
by striking ``30'' and inserting ``60''; and
(3) in subsection (d), by--
(A) striking ``(d) Upon'' and inserting ``(d)(1) Upon'';
and
(B) adding at the end the following new paragraph:
``(2) During the conduct of such review, there shall not be any ex
parte contact between the Secretary and individuals representing the
Department or the recipient.''.
(b) Use of Recovered Funds.--Section 459 of the Act (20 U.S.C.
1234h) is amended--
(1) in paragraph (1) of subsection (a), by inserting ``,
provided that the recipient was notified of any noncompliance with
such requirements and given a reasonable period of time to remedy
such noncompliance'' before the semicolon; and
(2) by amending subsection (c) to read as follows:
``(c) Notwithstanding any other provisions of law, the funds made
available under this section shall remain available for expenditure for
a period of time deemed reasonable by the Secretary, but in no case to
exceed more than three fiscal years following the later of--
``(1) the fiscal year in which final agency action under
section 452(e) is taken; or
``(2) if such recipient files a petition for judicial review,
the fiscal year in which final judicial action under section 458 is
taken.''.
PART E--TECHNICAL AND CONFORMING AMENDMENTS

64b26b8dc60ec4526aa84d7228ec286a0557e3726327978072329bbd70c35ce9

(a) Payments.--Section 423 of the Act (as redesignated by section
212(b)(1)) (20 U.S.C. 1226a-1) is amended by striking ``Commissioner''
and inserting ``Secretary''.
(b) Program Planning and Evaluation.--Section 426 of the Act (as
redesignated by section 212(b)(1)) (20 U.S.C. 1228) is amended--
(1) by striking ``title I of'' and all that follows through
``Congress)'' and inserting ``title VIII of the Elementary and
Secondary Education Act of 1965''; and
(2) by striking ``subparagraph (C) of section 3(d)(2) or
section 403(1)(C) of that Act'' and inserting ``subsections (d) and
(g) of section 8003 of such Act or residing on property described
in section 8013(10) of such Act''.
(c) Heading for Part C.--The heading for part C of the Act (20
U.S.C. 1230 et seq.) is amended by striking ``Commissioner of
Education'' and inserting ``Secretary''.
(d) Section 439.--Section 439 of the Act (as redesignated by
section 212(b)(1)) (20 U.S.C. 1232b) is amended by striking ``Except
for emergency relief under section 7 of the Act of September 30, 1950
(Public Law 874, Eighty-first Congress), all laborers'' and inserting
``All laborers''.
(e) Section 440.--
(1) Amendment to heading.--The heading for section 440 of the
Act (as redesignated by section 212(b)(1)) (20 U.S.C. 1232c) is
amended by striking ``Educational''.
(2) Amendment to text.--Section 440 of the Act (as redesignated
by section 212(b)(1)) (20 U.S.C. 1232c) is amended--
(A) by striking ``Commissioner'' each place such term
appears and inserting ``Secretary'';
(B) by redesignating the matter following paragraph (3) of
subsection (b) as subsection (c); and
(C) in subsection (c) (as redesignated by subparagraph
(B)), by striking ``paragraph (3)'' and inserting ``subsection
(b)(3)''.
(f) Section 441.--Section 441 of the Act (as redesignated by
section 212(b)(1)) (20 U.S.C. 1232d) is amended--
(1) by striking ``Commissioner'' each place such term appears
and inserting ``Secretary''; and
(2) in the first sentence of subsection (a)--
(A) by striking the comma after ``submits a plan'';
(B) by striking ``, in the case of programs under chapter 1
and chapter 2 of title I of the Elementary and Secondary
Education Act of 1965,''; and
(C) by striking ``title V of such Act'' and inserting
``part C of title V of the Elementary and Secondary Education
Act of 1965''.
(g) Section 442.--Section 442 of the Act (as redesignated by
section 212(b)(1)) (20 U.S.C. 1232e) is amended--
(1) in subsection (a), by striking ``that local education
agency'' and inserting ``that local educational agency''; and
(2) in subsection (b)--
(A) in paragraph (2), by inserting a comma after
``program'';
(B) in paragraph (4), by striking ``Commissioner'' each
place such term appears and inserting ``Secretary''; and
(C) in subparagraph (B) of paragraph (7), by striking
``handicapped individuals'' and inserting ``individuals with
disabilities''.
(h) Section 444.--Section 444 of the Act (as redesignated by
section 212(b)(1) and amended by section 249) (20 U.S.C. 1232g) is
further amended--
(1) in clause (ii) of subsection (a)(4)(B), by striking the
period and inserting a semicolon;
(2) in subsection (b)--
(A) in subparagraph (C) of paragraph (1), by striking
``(iii) an administrative head of an education agency (as
defined in section 408(c)), or (iv)'' and inserting ``or
(iii)'';
(B) in subparagraph (H) of paragraph (1), by striking
``1954'' and inserting ``1986''; and
(C) in paragraph (3)--
(i) by striking ``(C) an administrative head of an
education agency or (D)'' and inserting ``or (C)''; and
(ii) by striking ``education program'' and inserting
``education programs'';
(3) in subsection (d), by inserting a comma after
``education'';
(4) in subsection (f)--
(A) by striking ``, or an administrative head of an
education agency,'';
(B) by striking ``enforce provisions of this section'' and
inserting ``enforce this section'';
(C) by striking ``according to the provisions of'' and
inserting ``in accordance with''; and
(D) by striking ``comply with the provisions of this
section'' and inserting ``comply with this section''; and
(5) in subsection (g)--
(A) by striking ``of Health, Education, and Welfare''; and
(B) by striking ``the provisions of''.
(i) Conforming Amendment and Cross References.--
(1) Carl d. perkins vocational and applied technology education
act.--Subsection (b) of section 504 of the Carl D. Perkins
Vocational and Applied Technology Education Act (20 U.S.C.
2466a(b)) is amended--
(A) by striking ``240-day'' and inserting ``360-day''; and
(B) by striking ``431(g)'' and inserting ``437(e)''.
(2) Higher education act of 1965.--Subsection (c) of section
556 of the Higher Education Act of 1965 (20 U.S.C. 1108d(c)) is
amended by striking ``435 and 436'' and inserting ``441 and 442''.
(3) Education and training for a competitive america act of
1988.--Paragraph (1) of section 6144 of the Education and Training
for a Competitive America Act of 1988 (20 U.S.C. 5124(1)) is
amended by striking ``405(d)(4)(A)(i) of the General Education
Provisions Act (20 U.S.C. 1221e(d)(4)(A)(i))'' and inserting
``section 941(h) of the Educational Research, Development,
Dissemination, and Improvement Act of 1994 (20 U.S.C. 6041(h))''.
PART F--RELATED AMENDMENTS TO OTHER ACTS

cee478e3565e6ee04fe12b3db6bfc8e8999c67a656d13411b730aea8d265e277

(a) Repeals and Redesignations.--
(1) Repeals.--Section 427 of the Department of Education
Organization Act (20 U.S.C. 3487) (hereafter in this part referred
to as the ``Act'') is repealed.
(2) Redesignation.--Sections 209, 210, 211, 212, 214, 303, 304,
305, 306, 307, and 428 of the Act are redesignated as sections 208,
209, 210, 211, 212, 302, 303, 304, 305, 306, and 427 of the Act,
respectively.
(3) Cross references.--(A) Paragraph (2) of section 401(b) of
the Act (20 U.S.C. 3461(b)(2)) is amended by striking ``209'' and
inserting ``208''.
(B) Paragraph (9) of section 912(l) of the Educational
Research, Development, Dissemination, and Improvement Act of 1994
(20 U.S.C. 6011(l)(9)) is amended by striking ``209'' and inserting
``208''.
(b) Gender Equity.--Subsection (b) of section 202 of the Act (20
U.S.C. 3412) is amended by inserting after paragraph (2) the following
new paragraph:
``(3) There shall be in the Department, a Special Assistant for
Gender Equity who shall be appointed by the Secretary. The Special
Assistant shall promote, coordinate, and evaluate gender equity
programs, including the dissemination of information, technical
assistance, and coordination of research activities. The Special
Assistant shall advise the Secretary and Deputy Secretary on all
matters relating to gender equity.''.
(c) Office of Non-public Education.--Title II of the Act (20 U.S.C.
3411 et seq.) is amended by adding immediately before section 215 the
following new section:
``OFFICE OF NON-PUBLIC EDUCATION
``Sec. 214. There shall be in the Department an Office of Non-
Public Education to ensure the maximum potential participation of non-
public school students in all Federal educational programs for which
such students are eligible.''.
(d) Rules; Acquisition and Maintenance of Property.--Part B of
title IV of the Act (20 U.S.C. 3471 et seq.) is amended--
(1) in section 414 (20 U.S.C. 1226a)--
(A) by striking ``(a)''; and
(B) by striking subsection (b); and
(2) in section 421 (20 U.S.C. 1230), by inserting ``and to
accept donations of services,'' after ``personal,''.
(e) Table of Contents.--The table of contents contained in section
1 of the Act (20 U.S.C. 3401 note) is amended to read as follows:
``TABLE OF CONTENTS
``Sec. 1. Short title; table of contents.
``TITLE I--GENERAL PROVISIONS
``Sec. 101. Findings.
``Sec. 102. Purposes.
``Sec. 103. Federal-State Relationships.
``Sec. 104. Definitions.
``TITLE II--ESTABLISHMENT OF THE DEPARTMENT
``Sec. 201. Establishment.
``Sec. 202. Principal officers.
``Sec. 203. Office for Civil Rights.
``Sec. 204. Office of Elementary and Secondary Education.
``Sec. 205. Office of Postsecondary Education.
``Sec. 206. Office of Vocational and Adult Education.
``Sec. 207. Office of Special Education and Rehabilitative Services.
``Sec. 208. Office of Educational Research and Improvement.
``Sec. 209. Office of Bilingual Education and Minority Languages
Affairs.
``Sec. 210. Office of General Counsel.
``Sec. 211. Office of Inspector General.
``Sec. 212. Office of Non-Public Education.
``Sec. 213. Office of Indian Education.
``Sec. 214. Office of Non-Public Education.
``Sec. 215. Office of Indian Education.
``Sec. 216. Office of Bilingual Education and Minority Languages
Affairs.
``Sec. 217. Federal Interagency Committee on Education.
``TITLE III--TRANSFERS OF AGENCIES AND FUNCTIONS
``Sec. 301. Transfers from the Department of Health, Education, and
Welfare.
``Sec. 302. Transfers from the Department of Labor.
``Sec. 303. Transfers of programs from the National Science Foundation.
``Sec. 304. Transfers from the Department of Justice.
``Sec. 305. Transfers from the Department of Housing and Urban
Development.
``Sec. 306. Effect of transfers.
``TITLE IV--ADMINISTRATIVE PROVISIONS
``Part A--Personnel Provisions
``Sec. 401. Officers and employees.
``Sec. 402. Experts and consultants.
``Sec. 403. Personnel reduction and annual limitations.
``Part B--General Administrative Provisions
``Sec. 411. General authority.
``Sec. 412. Delegation.
``Sec. 413. Reorganization.
``Sec. 414. Rules.
``Sec. 415. Contracts.
``Sec. 416. Regional and field offices.
``Sec. 417. Acquisition and maintenance of property.
``Sec. 418. Facilities at remote locations.
``Sec. 419. Use of facilities.
``Sec. 420. Copyrights and patents.
``Sec. 421. Gifts and bequests.
``Sec. 422. Technical advice.
``Sec. 423. Working capital fund.
``Sec. 424. Funds transfer.
``Sec. 425. Seal of department.
``Sec. 426. Annual report.
``Sec. 427. Authorization of appropriations.
``TITLE V--TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS
``Sec. 501. Transfer and allocation of appropriations and personnel.
``Sec. 502. Effect on personnel.
``Sec. 503. Agency terminations.
``Sec. 504. Incidental transfers.
``Sec. 505. Savings provisions.
``Sec. 506. Separability.
``Sec. 507. Reference.
``Sec. 508. Amendments.
``Sec. 509. Redesignation.
``Sec. 510. Coordination of programs affecting handicapped individuals.
``Sec. 511. Transition.
``TITLE VI--EFFECTIVE DATE AND INTERIM APPOINTMENTS
``Sec. 601. Effective date.
``Sec. 602. Interim appointments.''.

a7ce37282cc4a4c3cee4b043fde01dc8f4ce2543b216a64510899e8a49be3086

Section 9 of the Rehabilitation Act of 1973 (29 U.S.C. 706) is
repealed.
PART A--AMENDMENTS TO THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT

735752aa65d26cbdd4a716a69b14d0d5c610d50a48a90adfe2bcd49ba239f060

(a) Maximum Amount.--Subsection (a) of section 611 of the
Individuals with Disabilities Education Act (hereafter in this part
referred to as the ``Act'') (20 U.S.C. 1411(a)) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) Except as provided in paragraph (5), the maximum amount
of the grant for which a State is entitled under this section for
any fiscal year is--
``(A) the sum of--
``(i) the number of children with disabilities in the
State, aged 6 through 21, who are receiving special
education and related services, as determined under
paragraph (3); and
``(ii) if the State is eligible for a grant under
section 619, the number of such children in the State, aged
3 through 5; multiplied by
``(B) 40 percent of the average per-pupil expenditure in
public elementary and secondary schools in the United
States.'';
(2) by amending paragraph (2) to read as follows:
``(2) For the purpose of this section, the term `State' means
each of the 50 States, the District of Columbia, and the
Commonwealth of Puerto Rico.''; and
(3) in subparagraph (A) of paragraph (5)--
(A) in clause (i)--
(i) by striking ``and the State'' and inserting ``, or
the combined percentage of such children counted by the
Secretary for the purpose of making fiscal year 1994
allocations under this section and under subpart 2 of part
D of chapter 1 of title I of the Elementary and Secondary
Education Act of 1965 (as such subpart was in effect on the
day preceding the date of enactment of the Improving
America's Schools Act of 1994), whichever is greater, if
the State''; and
(ii) by inserting ``and'' after the comma at the end;
(B) in clause (ii)--
(i) by striking ``and the State'' and inserting ``, or
the combined percentage of such children counted by the
Secretary for the purpose of making fiscal year 1994
allocations under this section and under subpart 2 of part
D of chapter 1 of title I of the Elementary and Secondary
Education Act of 1965 (as such subpart was in effect on the
day preceding the date of enactment of the Improving
America's Schools Act of 1994), whichever is greater, if
the State''; and
(ii) by striking ``; and'' and inserting a period; and
(C) by striking clause (iii).
(b) State Uses.--Subsection (b) of section 611 of the Act (20
U.S.C. 1411(b)) is amended to read as follows:
``(b)(1) Notwithstanding subsections (a) and (g), no State shall
receive an amount under this section for any of the fiscal years 1995
through 1999 that is less than the sum of the amount such State
received for fiscal year 1994 under--
``(A) this section; and
``(B) subpart 2 of part D of chapter 1 of title I of the
Elementary and Secondary Education Act of 1965 (as such subpart was
in effect on the day preceding the date of enactment of the
Improving America's Schools Act of 1994) for children with
disabilities aged 3 through 21.
``(2) If, for fiscal year 1998 or 1999, the number of children
determined under subsection (a)(3) for any State is less than the total
number of children with disabilities, aged 3 through 21, counted for
that State's fiscal year 1994 grants under this section and under
subpart 2 of part D of chapter 1 of title I of the Elementary and
Secondary Education Act of 1965 (as such subpart was in effect on the
day preceding the date of enactment of the Improving America's Schools
Act of 1994), then the amount determined under paragraph (1) for that
State shall be reduced by the same percentage by which the number of
those children so declined.
``(3)(A) If the sums made available under this part for any fiscal
year are insufficient to pay the full amounts that all States are
eligible to receive under paragraphs (1) and (2) for such year, the
Secretary shall ratably reduce the allocations to such States for such
year.
``(B) If additional funds become available for making payments
under paragraphs (1) and (2) for such fiscal year, allocations that
were reduced under subparagraph (A) shall be increased on the same
basis as such allocations were reduced.''.
(c) Distribution.--Subsection (c) of section 611 of the Act (20
U.S.C. 1411(c)) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) Of the funds received under subsection (a) by any State
for any fiscal year--
``(A) a State may use not more than 25 percent of such
funds in accordance with paragraph (2); and
``(B) except as provided in paragraph (4), the State shall
distribute at least 75 percent of such funds to local
educational agencies and intermediate educational units, in
accordance with subsection (d), for use in accordance with
priorities established under section 612(3).''; and
(2) in paragraph (2), by amending subparagraph (A) to read as
follows:
``(A) From the funds that any State may use under paragraph
(1)(A) for any fiscal year, the State--
``(i) may use 5 percent of the funds received under
this section or $450,000, whichever is greater, for
administrative costs related to carrying out sections 612
and 613; and
``(ii) shall use the remainder--
``(I) to provide support services and direct
services, subject to subparagraph (B), in accordance
with priorities established under section 612(3); and
``(II) for the administrative costs of monitoring
and complaint investigation, but only to the extent
that such costs exceed the costs of administration
incurred during fiscal year 1985.''.
(d) Formula.--Subsection (d) of section 611 of the Act (20 U.S.C.
1411(d)) is amended to read as follows:
``(d)(1) From the total amount of funds available for any fiscal
year under subsection (c)(1)(B), the State shall provide to each local
educational agency or intermediate educational unit an amount that
bears the same ratio to such total amount as the number of children,
aged 3 through 21, determined under subsection (a)(3) for such agency
or unit bears to the total number of such children determined for all
such agencies and units that apply for such funds.
``(2)(A) To the extent necessary, the State--
``(i) shall use funds available under subsection (c)(2)(A)(ii)
to ensure that each State agency that received funds for fiscal
year 1994 under subpart 2 of part D of chapter 1 of title I of the
Elementary and Secondary Education Act of 1965 (as such subpart was
in effect on the day preceding the date of enactment of the
Improving America's Schools Act of 1994) receives, from the sum of
such funds and funds provided under paragraph (1), an amount equal
to--
``(I) the number of children, aged 6 through 21, determined
under subsection (a)(3) for such agency; multiplied by
``(II) the per-child amount provided under such subpart for
fiscal year 1994; and
``(ii) may use such funds to ensure that each local educational
agency that received for fiscal year 1994 under such subpart for
children who had transferred from a State-owned, State-operated, or
State-supported school or program assisted under such subpart
receives, from the sum of such funds and funds provided under
paragraph (1), an amount for each such child, aged 3 through 21,
determined under subsection (a)(3) for such agency, equal to the
per-child amount the agency received under such subpart for fiscal
year 1994.
``(B) For the purpose of subparagraph (A), the number of children
determined under subsection (a)(3) for any State agency or local
educational agency shall not exceed the number of children aged 3
through 21 for whom such agency received funds under such subpart for
such fiscal year.''.
(e) Jurisdictions.--Paragraph (1) of section 611(e) of the Act (20
U.S.C. 1411(e)(1)) is amended to read as follows:
``(1) The jurisdictions to which this subsection applies are
Guam, American Samoa, the Virgin Islands, the Commonwealth of the
Northern Mariana Islands, and Palau (until the Compact of Free
Association with the Government of Palau takes effect).''.
(f) Insufficient Appropriations.--Subsection (g) of section 611 of
the Act (20 U.S.C. 1411(g)) is amended to read as follows:
``(g)(1)(A) If the sums appropriated under subsection (h) for any
fiscal year are not sufficient to pay in full the total of the amounts
that all States are eligible to receive under subsection (a), each such
amount shall be ratably reduced.
``(B) If additional funds become available for making such payments
for any fiscal year, such reduced amounts shall be increased on the
same basis as such payments were reduced.
``(C) Any State that receives any such additional funds shall
distribute such funds in accordance with this section, except that any
State that has used funds available under subsection (c)(2)(A)(ii) for
the purposes described in subsection (d)(2) may--
``(i) deduct, from the amount that the State would otherwise be
required to make available to local educational agencies and
intermediate educational units, the same amount of such additional
funds as the State so used; and
``(ii) use such funds in accordance with subsection
(c)(2)(A)(ii).
``(2)(A) In any fiscal year for which payments have been reduced
and additional funds have not been made available under paragraph (1)
to pay in full the amounts for which all States are eligible under this
section, each State educational agency shall fix dates by which each
local educational agency or intermediate educational unit shall report
to the State agency the amount of funds available to such agency under
this section that such agency estimates such agency will expend.
``(B) The State educational agency shall, in accordance with this
section, reallocate any funds that the State educational agency
determines will not be used during the period of availability by local
educational agencies and intermediate educational units, and by any
such agency or unit to which such funds would be available if such
agency or unit applied for such funds under this part, to those local
educational agencies and intermediate educational units that the State
educational agency determines will need, and be able to use, additional
funds to carry out approved programs.''.

7fe6489c09f8f173f39650a42b7f8c39992e5bfc0859fb9683a62c808c9ebacf

TITLE III

-AMENDMENTS TO OTHER ACTS

Part B of the Act (20 U.S.C. 1411 et seq.) is further amended by
inserting after section 614 the following new section:
``TREATMENT OF CHAPTER 1 STATE AGENCIES
``Sec. 614A. (a) For the purpose of making payments under sections
611 and 619 of this Act, any State agency that received funds for
fiscal year 1994 under subpart 2 of part D of chapter 1 of title I of
the Elementary and Secondary Education Act of 1965 (as such subpart was
in existence on the day preceding the date of enactment of the
Improving America's Schools Act of 1994) shall be treated as if the
State agency were a local educational agency.
``(b) Any State agency which desires to receive payments under
section 611(d) and section 619(c)(3) for any fiscal year shall submit
an application to the State educational agency. Such application
shall--
``(1) include an assurance that all children with disabilities
who are participating in programs and projects funded under this
part receive a free appropriate public education, and that such
children and their parents are provided all the rights and
procedural safeguards described in this part; and
``(2) meet those requirements of section 614 that the Secretary
finds appropriate.
``(c) Section 611(c)(4) shall not apply with respect to a State
agency that is eligible for a payment under this part by application of
this section.''.

357eddbccb8cc9fb99fcf4b95cb9c9de2b4baef6c4b9042bd55068b0339461cb

(a) Amendment.--Subsection (c) of section 684 of the Act (20 U.S.C.
1484) is amended--
(1) by redesignating paragraph (2) as paragraph (6);
(2) by amending paragraph (1) to read as follows:
``(1) Except as provided in paragraphs (3), (4), and (5) from
the funds remaining for each fiscal year after the reservation and
payments under subsections (a) and (b), the Secretary shall first
allot to each State an amount that bears the same ratio to the
amount of such remainder as the number of infants and toddlers in
the State bears to the number of infants and toddlers in all
States.''; and
(3) by inserting after paragraph (1) the following new
paragraphs:
``(2) For fiscal year 1995 only, the Secretary shall allot
$34,000,000 of the remaining funds described in paragraph (1) among
the States in proportion to their relative numbers of infants and
toddlers with disabilities who--
``(A) are counted on December 1, 1994; and
``(B) would have been eligible to be counted under section
1221(c)(1) of the Elementary and Secondary Education Act of
1965 (as such section was in effect on the day preceding the
date of the enactment of the Improving America's Schools Act of
1994).
``(3) Except as provided in paragraphs (4) and (5), no State
shall receive an amount under this section for any fiscal year that
is less than the greater of--
``(A) one-half of one percent of the remaining amount
described in paragraph (1), excluding any amounts allotted
under paragraph (2); or
``(B) $500,000.
``(4)(A) Except as provided in paragraph (5), no State shall
receive an amount under this section for any of the fiscal years
1995 through 1999 that is less than the sum of the amount such
State received for fiscal year 1994 under--
``(i) this part; and
``(ii) subpart 2 of part D of chapter 1 of title I of the
Elementary and Secondary Education Act of 1965 (as such subpart
was in existence on the day preceding the date of enactment of
the Improving America's Schools Act of 1994) for children with
disabilities from birth through age 2.
``(B) If, for fiscal year 1998 or 1999, the number of infants
and toddlers in any State, as determined under paragraph (1), is
less than the number of infants and toddlers so determined for
fiscal year 1994, the amount determined under subparagraph (A) for
that State shall be reduced by the same percentage by which the
number of those infants and toddlers so declined.
``(5)(A) If the sums made available under this part for any
fiscal year are insufficient to pay the full amounts that all
States are eligible to receive under this subsection for such year,
the Secretary shall ratably reduce the allocations to such States
for such year.
``(B) If additional funds become available for making payments
under this subsection for such fiscal year, allocations that were
reduced under subparagraph (A) shall be increased on the same basis
as such allocations were reduced.''.
(b) Effective Date.--Subsection (a) and the amendments made by
subsection (a) shall take effect on October 1, 1994.

01e303c8927f96be98558a47f40b91588e53fb7af510928c47ea3c51c3914b03

(a) Amendments.--
(1) In general.--Paragraph (3) of section 615(e) of the Act (20
U.S.C. 1415(e)(3)) is amended--
(A) by striking ``During'' and inserting ``(A) Except as
provided in subparagraph (B), during''; and
(B) by adding at the end the following new subparagraph:
``(B)(i) Except as provided in clause (iii), if the proceedings
conducted pursuant to this section involve a child with a
disability who is determined to have brought a weapon to school
under the jurisdiction of such agency, then the child may be placed
in an interim alternative educational setting, in accordance with
State law, for not more than 45 days.
``(ii) The interim alternative educational setting described in
clause (i) shall be decided by the individuals described in section
602(a)(20).
``(iii) If a parent or guardian of a child described in clause
(i) requests a due process hearing pursuant to paragraph (2) of
subsection (b), then the child shall remain in the alternative
educational setting described in such clause during the pendency of
any proceedings conducted pursuant to this section, unless the
parents and the local educational agency agree otherwise.
``(iv) For the purpose of this section, the term `weapon' means
a firearm as such term is defined in section 921 of title 18,
United States Code.''.
(2) Effective date.--Paragraph (1) and the amendments made by
paragraph (1) shall be effective during the period beginning on the
date of enactment of this Act and ending on the date of enactment
of an Act (enacted after the date of the enactment of this Act)
that reauthorizes the Individuals with Disabilities Education Act.
(b) Limitation.--Nothing in the Individuals with Disabilities
Education Act shall supersede the provisions of section 14601 of the
Elementary and Secondary Education Act if a child's behavior is
unrelated to such child's disability, except that this section shall be
interpreted in a manner that is consistent with the Department's final
guidance concerning State and local responsibilities under the Gun-Free
Schools Act of 1994.

765fa23de61ccbf88bda88d232545c57756c39c35263e7bbc5dfb1132acac379

b11bfa3016cb86d071619dee0bbb4080d288edf018740bf48a17e2ee2638698a

The table of contents in section 101(b) of the Stewart B. McKinney
Homeless Assistance Act (42 U.S.C. 11301 note) is amended by striking
subtitles A and B of title VII and inserting the following:
``Subtitle A--Adult Education for the Homeless
``Sec. 701. State literacy initiatives.
``Subtitle B--Education for Homeless Children and Youth
``Sec. 721. Statement of policy.
``Sec. 722. Grants for State and local activities for the education of
homeless children and youth.
``Sec. 723. Local educational agency grants for the education of
homeless children and youth.
``Sec. 724. Secretarial responsibilities.
``Sec. 725. Definitions.
``Sec. 726. Authorization of appropriations.''.

67041e2db43a706ec52c76c1b02c4ec2e9f39543b3e396dffa4b4b2c97026052

Subtitle A of title VII of the Stewart B. McKinney Homeless
Assistance Act (42 U.S.C. 11421 et seq.) is amended to read as follows:
``Subtitle A--Adult Education for the Homeless
``SEC. 701. STATE LITERACY INITIATIVES.
``(a) General Authority.--
``(1) Grants.--The Secretary of Education is authorized to make
grants to State educational agencies to enable each such agency to
implement, either directly or through contracts and grants, a
program of literacy training and academic remediation for adult
homeless individuals within the State, which program shall--
``(A) include outreach activities; and
``(B) be coordinated with other agencies or organizations,
such as community-based organizations, nonprofit literacy-
action organizations, and recipients of funds under the Adult
Education Act, title II of the Job Training Partnership Act,
the Youth Fair Chance program under part H of title IV of the
Job Training Partnership Act, the Volunteers in Service to
America program under part A of title I of the Domestic
Volunteer Service Act of 1973, part C of this title, or the Job
Opportunity and Basic Skills program under part F of title IV
of the Social Security Act.
``(2) Estimates and amounts.--The Secretary of Education, in
awarding grants under this section, shall give special
consideration to the estimates submitted in the application
submitted under subsection (b) and make such awards in whatever
amounts such Secretary determines will best serve the purposes of
this section.
``(b) Application.--Each State educational agency desiring to
receive a grant under this section shall submit to the Secretary of
Education an application at such time, in such manner, and containing
such information as the Secretary may reasonably require. Each such
application shall include an estimate of the number of homeless
individuals in the State and the number of such individuals expected to
be served.
``(c) Authorization of Appropriations.--For the purpose of carrying
out the adult literacy training and academic remediation programs
authorized by this section, there are authorized to be appropriated
such sums as may be necessary for each of the fiscal years 1995 through
1999.
``(d) Definition.--As used in this section, the term `State' means
each of the 50 States, the District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth
of the Northern Mariana Islands, and Palau (until the effective date of
the Compact of Free Association with the Government of Palau).''.

13c9de9b3dd0d0ceea0a66ab8b91eb95250135aa69a25abbc306540c56805b1d

65d33b767671c2554993c2fd712cfe2deb808d72bc1dd6fdf88224adbefe774f

(a) Public Law 81-815.--The Act entitled ``An Act relating to the
construction of school facilities in areas affected by Federal
activities, and for other purposes'', approved September 23, 1950 (64
Stat. 967; 20 U.S.C. 631 et seq.) is repealed.
(b) Public Law 81-874.--The Act entitled ``An Act to provide
assistance for local educational agencies in areas affected by Federal
activities, and for other purposes'', approved September 30, 1950 (64
Stat. 1100; 20 U.S.C. 236 et seq.) is repealed.
PART D--AMENDMENTS TO THE ADULT EDUCATION ACT

f3004d3225594f8ed0db2fdae093de6818389d8b5393c74efa71a78bbacaf9cd

(a) State Plan.--Paragraph (11) of section 342(c) of the Adult
Education Act (20 U.S.C. 1206a(c)(11)) is amended by inserting ``Even
Start,'' after ``1963,''.
(b) Authorization of Appropriations.--Subsection (n) of section 384
of the Adult Education Act (20 U.S.C. 1213c(n)) is amended by striking
``and 1995'' and inserting ``1995, and 1996''.
PART E--HIGHER EDUCATION

cfb3e506648c083ab06c19f1f2f98e814ffc9154ee6e7d724847080ea8e25350

VOCATIONAL AND APPLIED TECHNOLOGY EDUCATION ACT.
(a) Amendment.--The Carl D. Perkins Vocational and Applied
Technology Education Act (20 U.S.C. 2301 et seq.) is amended--
(1) in paragraph (2) of section 232(d)--
(A) by inserting ``, notwithstanding section 427(b)(2) of
the Higher Education Amendments of 1992,'' before ``has''; and
(B) by inserting ``as such section was in effect on July
22, 1992'' before the semicolon; and
(2) in subparagraph (B) of section 404(a)(4)(B)--
(A) by inserting ``, notwithstanding section 427(b)(2) of
the Higher Education Amendments of 1992,'' before ``has''; and
(B) by inserting ``as such section was in effect on July
22, 1992'' before the period.
(b) Effective Date.--Subsection (a) and the amendments made by
subsection (a) shall take effect on the date of enactment of this Act,
except that a State that, prior to such date, distributed funds under
section 232 of the Carl D. Perkins Vocational and Applied Technology
Education Act from funds appropriated for fiscal year 1994 for such
program to proprietary institutions of higher education, as such term
is defined in section 481(b) of the Higher Education Act of 1965, may
continue to distribute such funds to such institutions until July 1,
1995.

d2079daaac6884ac10321c67e58c5f1e2cf56cc7785ed0f900dcf7274186a73e

Section 5 of the Act of August 30, 1890 (26 Stat. 417, chapter 841;
7 U.S.C. 326a) (commonly known as the ``Second Morrill Act'') is
amended by striking ``and the Trust Territory of the Pacific Islands or
its successor governments'' and inserting ``the Federated States of
Micronesia, the Republic of the Marshall Islands, and the Republic of
Palau''.

1738fa9196b5ca713f414b3e4182d1e26706a258cb8a974d6283ec00c39489c3

Paragraph (1) of section 312(b) of the Higher Education Act of 1965
(20 U.S.C. 1058(b)(1)) is amended--
(1) by amending subparagraph (C) to read as follows:
``(C) which is--
``(i) legally authorized to provide, and provides
within the State, an educational program for which such
institution awards a bachelor's degree;
``(ii) a junior or community college; or
``(iii) the College of the Marshall Islands, the
College of Micronesia/Federated States of Micronesia, and
Palau Community College;''.
(2) in subparagraph (D), by striking ``and'' after the
semicolon; and
(3) by adding after subparagraph (E) the following new
subparagraph:
``(F) located in a State; and''.
SEC. 353A. PART D HEADING.
The heading for part D of title IV of the Higher Education Act of
1965 (20 U.S.C. 1087a et seq.) is amended to read as follows:
``PART D--WILLIAM D. FORD FEDERAL DIRECT LOAN PROGRAM''.

2db915b890f0358578e2f32bd78da10ca319c975408f5b971099c9168759df1a

INTERVENTION SCHOLARSHIP AND PARTNERSHIP PROGRAM.
Section 404G of the Higher Education Act of 1965 (20 U.S.C. 1070a-
27) is amended by striking the second sentence thereof.

00e421a93c0a816735c253f94eac47aae9ac88ca232f420ef50eab70d41bcc7a

(a) Amendment.--Paragraph (1) of section 428(c) of the Higher
Education Act of 1965 (20 U.S.C. 1078(c)(1)) is amended by adding at
the end the following new subparagraph:
``(G) Notwithstanding any other provision of this section,
the Secretary shall exclude a loan made pursuant to a lender-
of-last-resort program when making reimbursement payment
calculations under subparagraphs (B) and (C).''.
(b) Effective Date.--Subsection (a) and the amendment made by
subsection (a) shall take effect on August 10, 1993.

9714559e8b4932199adb3fcde5a204e2465d5d06dfd0e182f1129a5dc96b9df6

Paragraph (4) of section 428C(a) of the Higher Education Act of
1965 (20 U.S.C. 1078-3(a)(4)) is amended--
(1) in subparagraph (B), by striking ``or'' after the
semicolon;
(2) in subparagraph (C), by striking the period and inserting
``; or''; and
(3) by adding at the end the following new subparagraph:
``(D) made under subpart II of part B of title VIII of the
Public Health Service Act.''.

ae70cd05fb281f425ad76bbc9050d5c87af1c9ddc439d6cc4025bde16b9611dd

Paragraph (1) of section 435(o) of the Higher Education Act of 1965
(20 U.S.C. 1085(o)(1)) is amended--
(1) in clause (ii) of subparagraph (A), by striking ``or''
after the semicolon;
(2) by redesignating subparagraph (B) as subparagraph (C);
(3) by inserting after subparagraph (A) the following new
subparagraph:
``(B) such borrower is working full-time and has a Federal
educational debt burden that equals or exceeds 20 percent of
such borrower's adjusted gross income, and the difference
between such borrower's adjusted gross income minus such burden
is less than 220 percent of the greater of--
``(i) the annual earnings of an individual earning the
minimum wage under section 6 of the Fair Labor Standards
Act of 1938; or
``(ii) the income official poverty line (as defined by
the Office of Management and Budget, and revised annually
in accordance with section 673(2) of the Community Services
Block Grant Act) applicable to a family of two; or''; and
(4) in paragraph (2), by striking ``(1)(B)'' and inserting
``(1)(C)''.

86f3797b823a2b96e0e3bd8e00de29e502b7628c7a8e12a33c7d147ba029355a

ASSOCIATION.
Section 439 of the Higher Education Act of 1965 (20 U.S.C. 1087-2)
is amended--
(1) in subparagraph (C) of subsection (d)(1)--
(A) in the matter preceding clause (i), by inserting
``(including related equipment, instrumentation, and
furnishings)'' after ``materials'';
(B) in clause (ii), by striking the semicolon and inserting
``, dining halls, student unions, and facilities specifically
designed to promote fitness and health for students, faculty,
and staff or for physical education courses; and'';
(C) in clause (iii), by striking ``and'' after the
semicolon;
(D) in the matter following clause (iv)--
(i) by striking ``15 percent'' and inserting ``30
percent''; and
(ii) by striking ``type'' and inserting ``types''; and
(E) by striking clause (iv); and
(2) in subsection (n), by striking ``a report of its operations
and activities during each year'' and inserting ``a report of the
Association's operations and activities, including a report with
respect to all facilities transactions, during each year''.
SEC. 358A. PROGRAM AUTHORITY.
Section 451 of the Higher Education Act of 1965 (20 U.S.C. 2087a)
is amended--
(1) by inserting ``(a) In General.--'' before ``There''; and
(2) by adding at the end the following new subsection:
``(b) Designation.--
``(1) Program.--The program established under this part shall
be referred to as the `William D. Ford Federal Direct Loan
Program'.
``(2) Direct loans.--Notwithstanding any other provision of
this part, loans made to borrowers under this part that, except as
otherwise specified in this part, have the same terms, conditions,
and benefits as loans made to borrowers under section 428, shall be
known as `Federal Direct Stafford/Ford Loans'.''.

b74b1819b9e98ffb20a50bd26bf6fc257670bae758e14b270e5b6da35160e170

Subsection (f) of section 455 of the Higher Education Act of 1965
(20 U.S.C. 1087e(f)) is amended by adding at the end the following new
paragraphs:
``(3) Definition of borrower.--For the purpose of this
subsection, the term ``borrower'' means an individual who is a new
borrower on the date such individual applies for a loan under this
part for which the first disbursement is made on or after July 1,
1993.
``(4) Deferments for previous part b loan borrowers.--A
borrower of a loan made under this part, who at the time such
individual applies for such loan, has an outstanding balance of
principal or interest owing on any loan made, insured, or
guaranteed under part B of title IV prior to July 1, 1993, shall be
eligible for a deferment under section 427(a)(2)(C) or section
428(b)(1)(M) as such sections were in effect on July 22, 1992.''.

2d653748f3e3c774149ed262312cee94e0680177a8b5e1e3933e34ba331f4b32

SCHOOLS.
(a) Amendment.--Part G of title IV of the Higher Education Act of
1965 (20 U.S.C. 1088 et seq.) is amended by inserting after section 481
the following new section:
``SEC. 481A. CLOCK AND CREDIT HOUR TREATMENT OF DIPLOMA NURSING
SCHOOLS.
``Notwithstanding any other provision of this Act, any regulations
promulgated by the Secretary concerning the relationship between clock
hours and semester, trimester, or quarter hours in calculating student
grant, loan, or work assistance under this title, shall not apply to a
public or private nonprofit hospital-based school of nursing that
awards a diploma at the completion of the school's program of
education.''.
(b) Effective Date.--Subsection (a) and the amendment made by
subsection (a) shall take effect on July 1, 1994.
SEC. 360A. ELIGIBILITY FOR STUDENTS FROM PALAU.
Subsection (j) of section 484 of the Higher Education Act of 1965
(20 U.S.C. 1091(j)) is amended to read as follows:
``(j) Assistance Under Subparts 1, 3, and 6, and Chapter 1 of
Subpart 2, of Part A, and Part C.--Notwithstanding any other provision
of law, a student shall be eligible, if otherwise qualified, for
assistance under subparts 1, 3, and 6, and chapter 1 of subpart 2, of
part A, and part C, of this title, if the student is otherwise
qualified and--
``(1) is a citizen of the Federated States of Micronesia, the
Republic of the Marshall Islands, or the Republic of Palau, and
attends an institution of higher education in a State or a public
or nonprofit private institution of higher education in the
Federated States of Micronesia, the Republic of the Marshall
Islands, or the Republic of Palau; or
``(2) meets the requirements of subsection (a)(5) and attends a
public or nonprofit private institution of higher education in the
Federated States of Micronesia, the Republic of the Marshall
Islands, or the Republic of Palau.''.
SEC. 360B. DISCLOSURE OF ATHLETIC PROGRAM PARTICIPATION RATES AND
FINANCIAL SUPPORT DATA.
(a) Short Title.--This section may be cited as the ``Equity in
Athletics Disclosure Act''.
(b) Findings.--The Congress finds that--
(1) participation in athletic pursuits plays an important role
in teaching young Americans how to work on teams, handle challenges
and overcome obstacles;
(2) participation in athletic pursuits plays an important role
in keeping the minds and bodies of young Americans healthy and
physically fit;
(3) there is increasing concern among citizens, educators, and
public officials regarding the athletic opportunities for young men
and women at institutions of higher education;
(4) a recent study by the National Collegiate Athletic
Association found that in Division I-A institutions, only 20
percent of the average athletic department operations budget of
$1,310,000 is spent on women's athletics; 15 percent of the average
recruiting budget of $318,402 is spent on recruiting female
athletes; the average scholarship expenses for men is $1,300,000
and $505,246 for women; and an average of 143 grants are awarded to
male athletes and 59 to women athletes;
(5) female college athletes receive less than 18 percent of the
athletics recruiting dollar and less than 24 percent of the
athletics operating dollar;
(6) male college athletes receive approximately $179,000,000
more per year in athletic scholarship grants than female college
athletes;
(7) prospective students and prospective student athletes
should be aware of the commitments of an institution to providing
equitable athletic opportunities for its men and women students;
and
(8) knowledge of an institution's expenditures for women's and
men's athletic programs would help prospective students and
prospective student athletes make informed judgments about the
commitments of a given institution of higher education to providing
equitable athletic benefits to its men and women students.
(c) Disclosure of Athletic Program.--Section 485 of the Higher
Education Act of 1965 (20 U.S.C. 1092) is amended by adding at the end
the following new subsection:
``(g) Data Required.--
``(1) In general.--Each coeducational institution of higher
education that participates in any program under this title, and
has an intercollegiate athletic program, shall annually, for the
immediately preceding academic year, prepare a report that contains
the following information regarding intercollegiate athletics:
``(A) The number of male and female full-time
undergraduates that attended the institution.
``(B) A listing of the varsity teams that competed in
intercollegiate athletic competition and for each such team the
following data:
``(i) The total number of participants, by team, as of
the day of the first scheduled contest for the team.
``(ii) Total operating expenses attributable to such
teams, except that an institution may also report such
expenses on a per capita basis for each team and
expenditures attributable to closely related teams such as
track and field or swimming and diving, may be reported
together, although such combinations shall be reported
separately for men's and women's teams.
``(iii) Whether the head coach is male or female and
whether the head coach is assigned to that team on a full-
time or part-time basis. Graduate assistants and volunteers
who serve as head coaches shall be considered to be head
coaches for the purposes of this clause.
``(iv) The number of assistant coaches who are male and
the number of assistant coaches who are female for each
team and whether a particular coach is assigned to that
team on a full-time or part-time basis. Graduate assistants
and volunteers who serve as assistant coaches shall be
considered to be assistant coaches for the purposes of this
clause.
``(C) The total amount of money spent on athletically
related student aid, including the value of waivers of
educational expenses, separately for men's and women's teams
overall.
``(D) The ratio of athletically related student aid awarded
male athletes to athletically related student aid awarded
female athletes.
``(E) The total amount of expenditures on recruiting,
separately for men's and women's teams overall.
``(F) The total annual revenues generated across all men's
teams and across all women's teams, except that an institution
may also report such revenues by individual team.
``(G) The average annual institutional salary of the head
coaches of men's teams, across all offered sports, and the
average annual institutional salary of the head coaches of
women's teams, across all offered sports.
``(H) The average annual institutional salary of the
assistant coaches of men's teams, across all offered sports,
and the average annual institutional salary of the assistant
coaches of women's teams, across all offered sports.
``(2) Special rule.--For the purposes of subparagraph (G), if a
coach has responsibilities for more than one team and the
institution does not allocate such coach's salary by team, the
institution should divide the salary by the number of teams for
which the coach has responsibility and allocate the salary among
the teams on a basis consistent with the coach's responsibilities
for the different teams.
``(3) Disclosure of information to students and public.--An
institution of higher education described in paragraph (1) shall
make available to students and potential students, upon request,
and to the public, the information contained in the report
described in paragraph (1), except that all students shall be
informed of their right to request such information.
``(4) Definition.--For the purposes of this subsection, the
term `operating expenses' means expenditures on lodging and meals,
transportation, officials, uniforms and equipment.
``(5) Regulations and effective date.--The Secretary shall
issue final regulations to implement the requirements of this
subsection not later than 180 days following the enactment of this
subsection. Each institution described in paragraph (1) shall make
available its first report pursuant to this section not later than
October 1, 1996.''.
SEC. 360C. FEDERAL INSURANCE FOR BONDS.
Subsection (b) of section 723 of the Higher Education Act of 1965
(20 U.S.C. 1132c-2(b)) is amended--
(1) in paragraph (8)--
(A) in subparagraph (A), by inserting ``, with each
eligible institution required to maintain in the escrow account
an amount equal to 10 percent of the outstanding principal of
all loans made to such institution under this part'' before the
semicolon; and
(B) by amending clause (ii) of subparagraph (B) to read as
follows:
``(ii) shall be used to return to an eligible
institution an amount equal to any remaining portion of
such institution's 10 percent deposit of loan proceeds
following scheduled repayment of such institution's
loan;''; and
(2) in paragraph (11), by striking ``regulations'' and
inserting ``conditions''.
SEC. 360D. GRANTS TO STATES FOR WORKPLACE AND COMMUNITY TRANSITION
TRAINING FOR INCARCERATED YOUTH OFFENDERS.
Title X of the Higher Education Act of 1965 (20 U.S.C. 1135 et
seq.) is amended by adding at the end the following new part:
``PART E--GRANTS TO STATES FOR WORKPLACE AND COMMUNITY TRANSITION
TRAINING FOR INCARCERATED YOUTH OFFENDERS
``SEC. 1091. GRANTS TO STATES FOR WORKPLACE AND COMMUNITY TRANSITION
TRAINING FOR INCARCERATED YOUTH OFFENDERS.
``(a) Findings.--The Congress finds the following:
``(1) Over 150,000 youth offenders age 21 and younger are
incarcerated in the Nation's jails, juvenile facilities, and
prisons.
``(2) Most youth offenders who are incarcerated have been
sentenced as first-time adult felons.
``(3) Approximately 75 percent of youth offenders are high
school dropouts who lack basic literacy and life skills, have
little or no job experience, and lack marketable skills.
``(4) The average incarcerated youth has attended school only
through grade 10.
``(5) Most of these youths can be diverted from a life of crime
into productive citizenship with available educational, vocational,
work skills, and related service programs.
``(6) If not involved with educational programs while
incarcerated, almost all of these youths will return to a life of
crime upon release.
``(7) The average length of sentence for a youth offender is
about 3 years. Time spent in prison provides a unique opportunity
for education and training.
``(8) Even with quality education and training provided during
incarceration, a period of intense supervision, support, and
counseling is needed upon release to ensure effective reintegration
of youth offenders into society.
``(9) Research consistently shows that the vast majority of
incarcerated youths will not return to the public schools to
complete their education.
``(10) There is a need for alternative educational
opportunities during incarceration and after release.
``(b) Definition.--For purposes of this part, the term `youth
offender' means a male or female offender under the age of 25, who is
incarcerated in a State prison, including a prerelease facility.
``(c) Grant Program.--The Secretary shall establish a program in
accordance with this section to provide grants to the State
correctional education agencies to assist and encourage incarcerated
youths to acquire functional literacy, life, and job skills, through
the pursuit of a postsecondary education certificate, or an associate
of arts or bachelor's degree while in prison, and employment counseling
and other related services which start during incarceration and
continue through prerelease and while on parole.
``(d) Application.--To be eligible for a grant under this section,
a State correctional education agency shall submit to the Secretary a
proposal for a youth offender program that--
``(1) identifies the scope of the problem, including the number
of incarcerated youths in need of postsecondary education and
vocational training;
``(2) lists the accredited public or private educational
institution or institutions that will provide postsecondary
educational services;
``(3) lists the cooperating agencies, public and private, or
businesses that will provide related services, such as counseling
in the areas of career development, substance abuse, health, and
parenting skills;
``(4) describes the evaluation methods and performance measures
that the State correctional education agency will employ, provided
that such methods and measures are appropriate to meet the goals
and objectives of the proposal, and that such methods and measures
include measures of--
``(A) program completion;
``(B) student academic and vocational skill attainment;
``(C) success in job placement and retention; and
``(D) recidivism;
``(5) describes how the proposed programs are to be integrated
with existing State correctional education programs (such as adult
education, graduate education degree programs, and vocational
training) and State industry programs;
``(6) addresses the educational needs of youth offenders who
are in alternative programs (such as boot camps); and
``(7) describes how students will be selected so that only
youth offenders eligible under subsection (f) will be enrolled in
postsecondary programs.
``(e) Program Requirements.--Each State correctional education
agency receiving a grant under this section shall--
``(1) integrate activities carried out under the grant with the
objectives and activities of the school-to-work programs of such
State, including--
``(A) work experience or apprenticeship programs;
``(B) transitional worksite job training for vocational
education students that is related to the occupational goals of
such students and closely linked to classroom and laboratory
instruction;
``(C) placement services in occupations that the students
are preparing to enter;
``(D) employment-based learning programs; and
``(E) programs that address State and local labor
shortages;
``(2) annually report to the Secretary and the Attorney General
on the results of the evaluations conducted using the methods and
performance measures contained in the proposal; and
``(3) provide to each State for each student eligible under
subsection (f) not more than $1,500 annually for tuition, books,
and essential materials, and not more than $300 annually for
related services such as career development, substance abuse
counseling, parenting skills training, and health education, for
each eligible incarcerated youth.
``(f) Student Eligibility.--A youth offender shall be eligible for
participation in a program receiving a grant under this section if the
youth offender--
``(1) is eligible to be released within five years (including a
youth offender who is eligible for parole within such time); and
``(2) is 25 years of age or younger.
``(g) Length of Participation.--A State correctional education
agency receiving a grant under this section shall provide educational
and related services to each participating youth offender for a period
not to exceed 5 years, 1 year of which may be devoted to study in a
graduate education degree program or to remedial education services for
students who have obtained a secondary school diploma. Educational and
related services shall start during the period of incarceration in
prison or prerelease and may continue during the period of parole.
``(h) Education Delivery Systems.--State correctional education
agencies and cooperating institutions shall, to the extent practicable,
use high-tech applications in developing programs to meet the
requirements and goals of this section.
``(i) Allocation of Funds.--From the amounts appropriated pursuant
to subsection (j), the Secretary shall allot to each State an amount
that bears the same relationship to such funds as the total number of
students eligible under subsection (f) in such State bears to the total
number of such students in all States.
``(j) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $5,000,000 for fiscal year 1995
and such sums as may be necessary for fiscal year 1996 and each of the
four succeeding fiscal years.''.
PART F--OTHER ACTS

4d1fad1dfc74b203d1348eb89f550682b6b10c248de658cde25dfd3b6b1acad2

(a) Repeals.--Sections 231, 232, 234, and 235 of the Goals 2000:
Educate America Act (20 U.S.C. 5861, 5862, 5863, and 5864) are
repealed.
(b) Gift Authority.--
(1) National education goals panel.--Section 204 of the Goals
2000: Educate America Act (20 U.S.C. 5824) is amended by adding at
the end the following new subsection:
``(f) Gifts.--The Goals Panel may accept, administer, and utilize
gifts or donations of services, money, or property, whether real or
personal, tangible or intangible.''.
(2) National education standards and improvement council.--
Section 215 of the Goals 2000: Educate America Act (20 U.S.C. 5845)
is amended by adding at the end the following new subsection:
``(f) Gifts.--The Council may accept, administer, and utilize gifts
or donations of services, money, or property, whether real or personal,
tangible or intangible.''.
(c) Local Agency Plan Approval.--Paragraph 4 of section 309(a) of
the Goals 2000: Educate America Act (20 U.S.C. 5889) is amended by
inserting ``made by the local educational agency'' after
``modifications''.
(d) State Planning for Improving Student Achievement Through
Integration of Technology Into the Curriculum.--Subsection (b) of
section 317 of the Goals 2000: Educate America Act (20 U.S.C. 5897(b))
is amended by adding at the end the following new paragraph:
``(3) Outlying areas.--(A) From the amount appropriated
pursuant to the authority of subsection (f) for fiscal year 1995,
the Secretary shall reserve a total of 1 percent to provide
assistance under this section--
``(i) to the outlying areas; and
``(ii) for the Secretary of the Interior to conduct
directly or through a contract, systemic technology planning
for Bureau-funded schools.
``(B) The funds reserved under subparagraph (A) shall be
distributed among the outlying areas and the Secretary of the
Interior by the Secretary according to the relative need of such
areas and schools for assistance under this section.''.

1b21432aca7741623409d7806018ef81406e74be782ca15f639d7f62ee8a60c3

Title II of the Education Council Act of 1991 (20 U.S.C. 1221-1
note) is repealed.

fef91e9b0f581444d67b11c0c25e9fc47413247b25819aaeb7a60a8142772865

SECONDARY SCHOOL IMPROVEMENT AMENDMENTS OF 1988.
Title IV of the Augustus F. Hawkins-Robert T. Stafford Elementary
and Secondary School Improvement Amendments of 1988 (20 U.S.C. 4901 et
seq.) is repealed.

20e0bd0bbaaf426e13824046c81e5f755d46bd2ebcef2bfdcf6483848eea6187

The Star Schools Program Assistance Act (20 U.S.C. 4081 et seq.) is
repealed.

57763ff8065b9ff4e8f1811434f78ef268e2d4330671acedacc1bdd95f05ebbf

TEACHING ACT.
The Fund for the Improvement and Reform of Schools and Teaching Act
(20 U.S.C. 4801) is repealed.

056229ebeca40b9bd36b7e980bb32024f8de108e86b6118d03f0b26eceb1bd7d

DISABILITIES ACT OF 1988.
(a) In General.--Part E of title II of the Technology-Related
Assistance for Individuals With Disabilities Act of 1988 (29 U.S.C.
2231 et seq.) is repealed.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect as if included in the Technology-Related Assistance for
Individuals With Disabilities Act Amendments of 1994.

5d1cc787981ef04d3df03b96a79e80d1ce3127df817a3afacee6f635983f9672

The Indian Education Act of 1988 (25 U.S.C. 2601 note) is repealed.

01853e810b68f9196c56761072ce7479409ee1096fd60f1b5dd9600a4fbd9607

(a) In General.--Notwithstanding any provision of the
Rehabilitation Act of 1973, the amount otherwise payable to a State
under section 111 of such Act shall be reduced for fiscal years 1987,
1988, and 1989, by the amount by which expenditures from non-Federal
sources under the State plan under title I of such Act for such year
are less than the total of such expenditures for fiscal year 1972.
(b) Effective Date.--The amendment made by this section shall take
effect as if included in the Rehabilitation Act Amendments of 1992.

f5c21e7e39635d14f66ac8182a38df2986cfca1bcf274ddcf4a2055eb2918665

TECHNOLOGY EDUCATION ACT REGARDING THE TERRITORIES.
Section 101A of the Carl D. Perkins Vocational and Applied
Technology Education Act (20 U.S.C. 2311a) is amended to read as
follows:
``SEC. 101A. THE TERRITORIES.
``(a) The Territories.--From funds reserved pursuant to section
101(a)(1)(C), the Secretary shall--
``(1) make a grant in the amount of $500,000 to Guam; and
``(2) make a grant in the amount of $190,000 to each of
American Samoa and the Commonwealth of the Northern Mariana
Islands.
``(b) Remainder.--Subject to the provisions of subsection (a), the
Secretary shall make a grant of the remainder of funds reserved
pursuant to section 101(a)(1)(C) to the Pacific Region Educational
Laboratory in Honolulu, Hawaii, to make grants for vocational education
and training in Guam, American Samoa, the Republic of Palau, the
Commonwealth of the Northern Mariana Islands, the Federated States of
Micronesia, and the Republic of the Marshall Islands, for the purpose
of providing direct educational services, including--
``(1) teacher and counselor training and retraining;
``(2) curriculum development; and
``(3) improving vocational education and training programs in
secondary schools and institutions of higher education, or
improving cooperative education programs involving both secondary
schools and institutions of higher education.
``(c) Limitation.--The Pacific Region Educational Laboratory may
use not more than 5 percent of the funds received pursuant to
subsection (b) for administrative costs.''.

e6eb38ea101fff26c601dbe10b129d9fe7fbe78987335cb121d16e104d676528

(a) Administrative Provisions.--Subsection (f) of section 772 of
the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11482(f)) is
amended--
(1) by amending paragraph (1) to read as follows:
``(1) Administrative costs.--Two percent of the amounts
appropriated under this title may be used by the Secretary to
administer the programs established under this title and three
percent of the amounts appropriated under this title may be used by
the Secretary to evaluate such programs and to provide technical
assistance to entities for the development and submission of
applications for grants under this section.'';
(2) in paragraph (3), by striking ``2 years'' and inserting ``3
years''; and
(3) by adding at the end thereof the following new paragraph:
``(4) Minimum amount.--No grant made under subsection (a) may
be awarded in an amount that is less than $200,000 per year.''.
(b) Report.--The matter preceding paragraph (1) of section 777 of
such Act (42 U.S.C. 11487) is amended by striking ``1992'' and
inserting ``1995''.
(c) Authorization for Appropriations.--Section 779 of such Act (42
U.S.C. 11489) is amended by striking ``for fiscal year 1993'' and
inserting ``for each of the fiscal years 1993 through 1998''.
(d) Technical Amendment.--Subsection (a) of section 774 of such Act
(42 U.S.C. 11484(a)) is amended by striking ``subsection (e)'' and
inserting ``subsection (d)''.

ec9b9cd3861e8fcb008cdd088a78d4e5dcb6c901ea5c75fb8eb9004d4d27d729

1965.
Subsection (c) of section 11 of the National Foundation on the Arts
and the Humanities Act of 1965 (20 U.S.C. 960(c)) is amended--
(1) in the second sentence of paragraph (1)--
(A) by striking ``any fiscal year'' and inserting ``fiscal
year 1995''; and
(B) by striking ``$50,000'' and inserting ``$100,000''; and
(2) in the second sentence of paragraph (2)--
(A) by striking ``any fiscal year'' and inserting ``fiscal
year 1995''; and
(B) by striking ``$50,000'' and inserting ``$100,000''.

0275e363a4138ac1d1153d518c2f9e336fe59c43f66008eac8fd49b50ffc2851

EDUCATION.
Title II of the Department of Education Organization Act (20 U.S.C.
3411 et seq.) is further amended--
(1) by redesignating section 215 as section 217; and
(2) by adding after section 214 (as added by section 271(c))
the following new section:
``SEC. 215. OFFICE OF INDIAN EDUCATION.
``(a) Office of Indian Education.--There shall be an Office of
Indian Education (referred to in this section as `the Office') in the
Department of Education.
``(b) Director.--
``(1) Appointment and reporting.--The Office shall be under the
direction of the Director, who shall be appointed by the Secretary
and who shall report directly to the Assistant Secretary for
Elementary and Secondary Education.
``(2) Duties.--The Director shall--
``(A) be responsible for administering this title;
``(B) be involved in, and be primarily responsible for, the
development of all policies affecting Indian children and
adults under programs administered by the Office of Elementary
and Secondary Education;
``(C) coordinate the development of policy and practice for
all programs in the Department relating to Indian persons; and
``(D) assist the Assistant Secretary of the Office of
Educational Research and Improvement in identifying research
priorities related to the education of Indian persons.
``(c) Indian Preference in Employment.--
``(1) In general.--The Secretary shall give a preference to
Indian persons in all personnel actions in the Office.
``(2) Implementation.--Such preference shall be implemented in
the same fashion as the preference given to any veteran under
section 45 of title 25, United States Code.
``SEC. 216. OFFICE OF BILINGUAL EDUCATION AND MINORITY LANGUAGES
AFFAIRS.
``(a) Establishment.--There shall be, in the Department, an Office
of Bilingual Education and Minority Languages Affairs through which the
Secretary shall carry out functions relating to bilingual education.
``(b) Director.--
``(1) In general.--The Office shall be headed by a Director of
Bilingual Education and Minority Languages Affairs, appointed by
the Secretary, to whom the Secretary shall delegate all delegable
functions relating to bilingual education. The Director shall also
be assigned responsibility for recommending improvements and
providing technical assistance to other Federal programs serving
language-minority and limited-English-proficient students and their
families and for assisting the Assistant Secretary of the Office of
Educational Research and Improvement in identifying research
priorities which reflect the needs of language-minority and
limited-English language proficient students.
``(2) Organization.--The Office shall be organized as the
Director determines to be appropriate in order to carry out such
functions and responsibilities effectively.
``(3) Inclusion.--The Secretary shall ensure that limited-
English-proficient and language-minority students are included in
ways that are valid, reliable, and fair under all standards and
assessment development conducted or funded by the Department.''.
PART G--LIBRARY SERVICES AND CONSTRUCTION REAUTHORIZATION

4cb02209fc63c7bf31ec52034e88bce0e2a604c654a90e6248a4742f1ee3a0b3

(a) In General.--Subsection (a) of section 4 of the Library
Services and Construction Act (20 U.S.C. 351b(a)) is amended--
(1) by striking ``for fiscal year 1990 and such sums as may be
necessary for each of the 4 succeeding fiscal years'' each place
the phrase appears and inserting ``for fiscal year 1995''; and
(2) in the matter following paragraph (7), by striking ``each
of the fiscal years 1990, 1991, 1992, 1993, and 1994'' and
inserting ``fiscal year 1995''.
(b) Family Learning Centers.--Section 806 (20 U.S.C. 385e) is
amended to read as follows:
``authorization of appropriations
``Sec. 806. There are authorized to be appropriated such sums as
may be necessary for fiscal year 1995 to carry out this part.''.
(c) Library Literacy Centers.--Section 818 (20 U.S.C. 386g) is
amended to read as follows:
``authorization of appropriations
``Sec. 818. There are authorized to be appropriated such sums as
may be necessary for fiscal year 1995 to carry out this part.''.
PART H--AMENDMENTS TO STATUTES PERTAINING TO INDIAN EDUCATION

164694260e54215cac4bf13684acac11751512ae2da1710c12dba6b0a3f41723

4fa0ff707aba357426bb003aa8015f5912b3b17c0db3d4fe6fa5401bb4dbf542

(a) New Construction.--The second sentence of paragraph (4) of
section 5205(b) of the Tribally Controlled Schools Act of 1988 (25
U.S.C. 2504(b)(4)) is amended by striking ``were received.'' and
inserting ``were received, except that a school receiving a grant under
this part for facilities improvement and repair may use such grant
funds for new construction if the tribal government or other
organization provides funding for the new construction equal to at
least one-fourth of the total cost of such new construction.''.
(b) Composition of Grants.--Subsection (b) of section 5205 of the
Tribally Controlled Schools Act of 1988 (25 U.S.C. 2504(b)) is further
amended by adding at the end the following new paragraph:
``(5) If the Secretary fails to make a determination within 180
days of a request filed by an Indian tribe or tribal organization
to include in such tribe or organization's grant the funds
described in subsection (a)(2), the Secretary shall be deemed to
have approved such request and the Secretary shall immediately
amend the grant accordingly. Such tribe or organization may enforce
its rights under subsection (a)(2) and this paragraph, including
any denial of or failure to act on such tribe or organization's
request, pursuant to the disputes authority described in section
5209(e).''.
(c) Payments.--Subsection (a) of section 5208 of the Tribally
Controlled Schools Act of 1988 (25 U.S.C. 2507(a)) is amended to read
as follows:
``(a) Payments.--
``(1) Except as otherwise provided in this subsection, the
Secretary shall make payments to grantees under this part in 2
payments, of which--
``(A) the first payment shall be made not later than July
15 of each year in an amount equal to one-half of the amount
which the grantee was entitled to receive during the preceding
academic year; and
``(B) the second payment, consisting of the remainder to
which the grantee is entitled for the academic year, shall be
made not later than December 1 of each year.
``(2) For any school for which no payment under this part was
made from Bureau funds in the preceding academic year, full payment
of the amount computed for the first academic year of eligibility
under this part shall be made not later than December 1 of the
academic year.
``(3) With regard to funds for grantees that become available
for obligation on October 1 of the fiscal year for which such funds
are appropriated, the Secretary shall make payments to grantees not
later than December 1 of the fiscal year.
``(4) The provisions of chapter 39 of title 31, United States
Code, shall apply to the payments required to be made by paragraphs
(1), (2), and (3).
``(5) Paragraphs (1), (2), and (3) shall be subject to any
restriction on amounts of payments under this part that are imposed
by a continuing resolution or other Act appropriating the funds
involved.''.
(d) Applicability.--Subsection (a) of section 5209 of the Tribally
Controlled Schools Act of 1988 (25 U.S.C. 2508(a)) is amended to read
as follows:
``(a) Certain Provisions To Apply to Grants.--All provisions of
sections 5, 6, 7, 104, 105(f), 106(f), 109, and 111 of the Indian Self-
Determination and Education Assistance Act, except those provisions
relating to indirect costs and length of contract, shall apply to
grants provided under this part.
(e) Exceptions, Problems, and Disputes.--Subsection (e) of section
5209 of the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2508(e))
is amended--
(1) by striking ``the amount of a grant under section 5205 (and
the amount of any funds referred to in that section), and payments
to be made under section 5208 of this Act,'' and inserting ``a
grant authorized to be made pursuant to this part or any amendment
to such grant,'';
(2) by striking ``the amount of, or payment of, the
administrative grant'' and inserting ``an administrative cost
grant''; and
(3) by adding at the end the following new sentence: ``The
Equal Access to Justice Act shall apply to administrative appeals
filed after September 8, 1988, by grantees regarding a grant under
this part, including an administrative cost grant.''.

ca7a40c5eaa2510c2516ae88becde338bbe0bc5e7f31ff9fe93636157f34f523

Section 302 of the Tribally Controlled Community College Assistance
Act of 1978 (25 U.S.C. 1832) is amended--
(1) in subsection (a), by striking ``section 333'' and
inserting in lieu thereof ``section 331''; and
(2) in subsection (b)--
(A) by amending paragraph (1) to read as follows:
``(1) provides for the investment and maintenance of a trust
fund, the corpus and earnings of which shall be invested in the
same manner as funds are invested under paragraph (2) of section
331(c) of the Higher Education Act of 1965, except that for
purposes of this paragraph, the term `trust fund' means a fund
established by an institution of higher education or by a
foundation that is exempt from taxation and is maintained for the
purpose of generating income for the support of the institution,
and may include real estate;''; and
(B) in paragraph (3) by striking ``same'' the first time
such term appears.

61579d08645ad40b5bcd61d0a276dedea29292f8a741bf8f35a57000d5514950

(a) Section 315 of the Goals 2000: Educate America Act (20 U.S.C.
5895) is amended--
(1) by amending subsection (c) to read as follows:
``(c) Bureau of Indian Affairs Cost Analysis and Studies.--
``(1) In general.--The Secretary of the Interior shall reserve
from the funds received pursuant to section 304(a)(1)(B) in the
first and second fiscal year for which the Secretary of the
Interior receives such funds an amount not to exceed $500,000 for
each such year to provide, through a contract executed, after open
solicitation, with an organization or institution having extensive
experience in school finance, for an analysis of--
``(A) the costs associated with meeting the academic, home-
living, and residential standards of the Bureau for each Bureau
funded school and annual projections of such costs; and
``(B) the feasibility and desirability of changing the
method of financing for Bureau funded schools from the weighted
student unit formula method in effect on the date of enactment
of this Act to a school-based budget system or other
alternative system of financial support.
``(2) Cost analysis purpose.--The purpose of the cost analysis
provided for in paragraph (1)(A) shall be to provide the Bureau and
the panel described in subsection (b)(4) with baseline data
regarding the current state of operations funded by the Bureau and
to provide a framework for the implementation of opportunity-to-
learn standards or strategies. Such analysis shall evaluate the
costs of providing a program in each school operated or supported
by the Bureau for the next succeeding academic year and shall be
based on--
``(A) the standards either published in the Federal
Register and effective for schools funded by the Bureau on the
date of enactment of the Improving America's Schools Act of
1994, or the State or regional standards in effect on such date
for a Bureau funded school;
``(B) the best projections of student counts and
demographics as provided by the Bureau and as independently
reviewed by the organization or institution selected by the
Secretary to perform the analysis described in this section;
and
``(C) the pay and benefit schedules and other personnel
requirements for each school operated by the Bureau, as such
pay and benefit schedules and requirements existed on the date
of enactment of the Improving America's Schools Act of 1994.
``(3) Feasibility study purpose.--(A) The purpose of the
feasibility analysis provided for in paragraph (1)(B) shall be to
determine whether it is feasible and desirable for the Bureau to
replace or modify the weighted student unit formula system in
effect on the date of enactment of this Act.
``(B) For the purposes of the feasibility analysis described in
paragraph (1)(B), the term `school-based budget system' means a
system based upon an initial determination, at each school site, of
the number of students who shall be served at the site, the needs
of those students, the standards which will best meet those needs
(including any standards or conditions reflecting local community
input and such community's program), the personnel profile
necessary to establish such program and the cost (determined on an
actual basis) of funding such a program. Such a system shall
include procedures to aggregate the determinations for each school
site to determine the amount needed to fund all Bureau funded
schools, to prepare a budget submission based upon such aggregate,
and to provide for a mechanism for distributing such sums as may be
appropriated based upon the determination at each school site.
``(4) Results report.--The contractor selected shall be
required to report the results of analyses provided for in this
section, in aggregate and school-specific form to the chairpersons
and ranking minority members of the Committee on Education and
Labor and the Committee on Appropriations of the House of
Representatives and the Committee on Indian Affairs and the
Committee on Appropriations of the Senate, and to the Secretary of
the Interior, not later than six months after the date of enactment
of the Improving America's Schools Act of 1994. The contractor
shall also be required to provide an estimate of the costs of
meeting the academic and residential standards of the Bureau for
each Bureau funded school for each of the three succeeding forward-
funded fiscal years following the date of submission of such
report. The contractor shall provide an estimate of such costs to
such persons and members not later than January 1 of each
succeeding fiscal year.''; and
(2) by adding at the end the following new subsections:
``(e) Grants.--The Secretary of the Interior may use not more than
one percent of the funds received pursuant to section 304(a)(1)(B) in
the first and second fiscal year for which the Secretary of the
Interior receives such funds for the purpose of providing grants, if
requested by Bureau funded school boards, to enable such school boards
to carry out activities of reform planning as such activities are
described for States in section 308(b)(2)(J), including the feasibility
of becoming a contract school pursuant to the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450 et seq.), or a grant school
pursuant to section 5204 of the Tribally Controlled Schools Act of
1988.
``(f) Study.--In cooperation with the panel established in
subsection (b)(4), the Secretary of the Interior shall conduct a study
to evaluate the feasibility of contracting with a private management
firm for the operation of one or more Bureau operated schools to
facilitate the achievement of the National Education Goals and the
efficient use of funds in the education of Indian children, and to
report to the persons identified in subsection (c)(4) and to the panel
described in subsection (b)(4) not later than 12 months after the date
of enactment of the Improving America's Schools Act of 1994.''.

eee8c84b931a2903d858095d92ec7b65be325ffa3120b87c4a9b021f2034403c

DEVELOPMENT.
(a) Staff of the Institute.--Subsection (f) of section 1509 of the
Higher Education Amendments of 1986 (20 U.S.C. 4416(f)) is amended to
read as follows:
``(f) Applicability.--
``(1) This section shall apply to any individual appointed
after October 17, 1986, for employment in the Institute. Except as
provided in subsections (d) and (g), the enactment of this title
shall not affect--
``(A) the continued employment of any individual employed
before October 17, 1986; or
``(B) such individual's right to receive the compensation
attached to such position.
``(2) This section shall not apply to an individual whose
services are procured by the Institute pursuant to a written
procurement contract.
``(3) This section shall not apply to employees of an entity
performing services pursuant to a written contract with the
Institute.''.
(b) Endowment Program.--Section 1518 of the Higher Education
Amendments of 1986 (20 U.S.C. 4425) is amended--
(1) in subsection (b), by adding at the end the following new
paragraph:
``(6) For the purpose of complying with the contribution
requirement in this subsection, the Institute may use funds or in-
kind contributions of real or personal property. For the purposes
of this paragraph, all contributions, in-kind and real estate,
which are held by the Institute beginning on November 29, 1990, and
which were received after June 2, 1988, but which have not been
included in their entirety in computations under this section shall
be eligible for matching Federal funds appropriated in any year.'';
and
(2) in subsection (c), by amending paragraph (1) to read as
follows:
``(1) Funds in the trust funds described in subsections (a) and
(b) shall be invested under the same conditions and limitations as
funds are invested under section 331(c)(2) of the Higher Education
Act of 1965 and the regulations implementing such section (as such
regulations were in effect at the time the funds are invested).''.
PART I--CROSS REFERENCES AND CONFORMING AMENDMENTS

d4e9dadba2498d9c2b5306a98bb99089afef731d15c71d52850d462b044dece2

(a) Refugee Education Assistance Act of 1980.--(1) Paragraph (1) of
section 101 of the Refugee Education Assistance Act of 1980 (8 U.S.C.
1522 note) is amended by striking ``section 198(a)'' and inserting
``section 14101''.
(2) Paragraph (2) of section 201(b) of the Refugee Education
Assistance Act of 1980 (8 U.S.C. 1522 note) is amended by striking
``(other than section 303 of the Elementary and Secondary Education Act
of 1965)''.
(3) Paragraph (3) of section 301(b) of the Refugee Education
Assistance Act of 1980 (8 U.S.C. 1522 note) is amended by striking ``,
except that no reduction under this paragraph shall be made for any
funds made available to the State under section 303 of the Elementary
and Secondary Education Act of 1965''.
(4) Paragraph (2) of section 401(b) of the Refugee Education
Assistance Act of 1980 (8 U.S.C. 1522 note) is amended by striking
``(other than section 303 of the Elementary and Secondary Education Act
of 1965)''.
(b) Title 10.--(1) Subparagraph (A) of section 1151(b)(2) of title
10, United States Code, is amended by striking ``chapter 1 of''.
(2) Subparagraph (A) of section 1151(b)(3) of title 10, United
States Code, is amended by striking ``chapter 1 of''.
(3) Subparagraph (A) of section 1598(a)(2) of title 10, United
States Code, is amended by striking ``chapter 1 of''.
(4) Section 2194 of title 10, United States Code, is amended--
(A) in subsection (a), by striking ``education agencies'' and
inserting ``educational agency''; and
(B) in subsection (e)--
(i) by striking ``education agency'' and inserting
``educational agency'';
(ii) by striking ``section 1471(12)'' and inserting
``section 14101''; and
(iii) by striking ``(20 U.S.C. 1058(b)''.
(5) Subparagraph (A) of section 2410j(a)(2) of title 10, United
States Code, is amended by striking ``chapter 1 of''.
(c) Toxic Substances Control Act.--(1) Subparagraph (A) of section
202(7) of the Toxic Substances Control Act (15 U.S.C. 2642(7)(A)) is
amended--
(A) by striking ``section 198'' and inserting ``section
14101''; and
(B) by striking ``(20 U.S.C. 3381)''.
(2) Paragraph (9) of section 202 of the Toxic Substances Control
Act (15 U.S.C. 2642(9)) is amended--
(A) by striking ``section 198'' and inserting ``section
14101''; and
(B) by striking ``(20 U.S.C. 2854)''.
(3) Paragraph (12) of section 202 of the Toxic Substances Control
Act (15 U.S.C. 2642(12)) is amended--
(A) by striking ``section 198'' and inserting ``section
14101''; and
(B) by striking ``(20 U.S.C. 2854)''.
(4) Section 302(1) of the Toxic Substances Control Act (15 U.S.C.
2662(1)(A)) is amended--
(A) in subparagraph (A)--
(i) by striking ``section 198'' and inserting ``section
14101''; and
(ii) by striking ``(20 U.S.C. 3381)''; and
(B) in subparagraph (C), by inserting ``or successor
authority'' after ``1107)''.
(d) National Defense Authorization Act for Fiscal Year 1993.--
Paragraph (1) of section 386(h) of the National Defense Authorization
Act for Fiscal Year 1993 (20 U.S.C. 238 note) is amended--
(1) by striking ``section 1471(12)'' and inserting ``section
14101''; and
(2) by striking ``(20 U.S.C. 2891(12))''.
(e) Higher Education Act of 1965.--(1) Clause (ii) of section
418A(b)(1)(B) of the Higher Education Act of 1965 (20 U.S.C. 1070d-
2(b)(1)(B)(ii)) is amended by striking ``subpart 1 of part D of chapter
1'' and inserting ``part C''.
(2) Subparagraph (A) of section 418A(c)(1) of the Higher Education
Act of 1965 (20 U.S.C. 1070d-2(c)(1)(A)) is amended--
(A) by striking ``subpart 1 of part D of chapter 1'' and
inserting ``part C''; and
(B) by inserting ``(or such part's predecessor authority)''
after ``1965''.
(3) Subparagraph (A) of section 465(a)(2) of the Higher Education
Act of 1965 (20 U.S.C. 1087ee(a)(2)(A)) is amended by striking
``chapter 1 of the Education Consolidation and Improvement Act of
1981'' and inserting ``title I of the Elementary and Secondary
Education Act of 1965''.
(4) Subsection (a) of section 469 of the Higher Education Act of
1965 (20 U.S.C. 1087ii(a)) is amended by striking ``chapter 1 of''.
(5) Subsection (b) of section 572 of the Higher Education Act of
1965 (20 U.S.C. 1111a(b)) is amended by striking ``of chapter 1''.
(6) Paragraph (1) of section 581(b) of the Higher Education Act of
1965 (20 U.S.C. 1113(b)(1)) is amended by striking ``part A or subpart
1 of part D of chapter 1'' and inserting ``part A or C''.
(7) Paragraph (3) of section 581(c) of the Higher Education Act of
1965 (20 U.S.C. 1113(c)(3)) is amended by striking ``chapter 1 of''.
(8) Subparagraph (C) of section 586(d)(1) of the Higher Education
Act of 1965 (20 U.S.C. 1114(d)(1)(C)) is amended by striking ``chapter
1 of''.
(9) Subparagraph (D) of section 586(d)(1) of the Higher Education
Act of 1965 (20 U.S.C. 1114(d)(1)(D)) is amended by striking ``chapter
1 of''.
(10) Subclause (I) of section 1144(b)(1)(B)(iv) of the Higher
Education Act of 1965 (20 U.S.C. 1138c(b)(1)(B)(iv)(I)) is amended by
striking ``chapter 1 of''.
(f) Individuals With Disabilities Education Act.--(1) Clause (ii)
of section 602(a)(21)(A) of the Individuals with Disabilities Education
Act (20 U.S.C. 1401(a)(21)(A)(ii)) is amended by striking ``chapter 1
of''.
(2) Paragraph (2) of section 613(a) of the Individuals with
Disabilities Education Act (20 U.S.C. 1413(a)(2)) is amended by
striking ``, including subpart 2 of part D of chapter 1 of title I of
the Elementary and Secondary Education Act of 1965,''.
(3) Subparagraph (B) of section 622(c)(2) of the Individuals with
Disabilities Education Act (20 U.S.C. 1422(c)(2)) is amended by
striking ``and subpart 2 of part D of chapter 1 of title I of the
Elementary and Secondary Education Act of 1965''.
(g) Education Amendments of 1972.--Subparagraph (B) of section
908(2) of the Education Amendments of 1972 (20 U.S.C. 1687(2)(B)) is
amended by striking ``section 198(a)(10)'' and inserting ``section
14101''.
(h) Department of Education Organization Act.--Section 204 of the
Department of Education Organization Act (20 U.S.C. 3414) is amended by
striking ``subpart 1 of part B'' and inserting ``part C''.
(i) Education and Training for a Competitive America Act of 1988.--
The Education and Training for a Competitive America Act of 1988 (20
U.S.C. 5001 et seq.) is repealed.
(j) Educational Partnerships Act of 1988.--The Educational
Partnerships Act of 1988 (20 U.S.C. 5031 et seq.) is repealed.
(k) Secondary Schools Basic Skills Demonstration Assistance Act of
1988.--The Secondary Schools Basic Skills Demonstration Assistance Act
of 1988 (20 U.S.C. 5061 et seq.) is repealed.
(l) Excellence in Mathematics, Science and Engineering Education
Act of 1990.--The Excellence in Mathematics, Science and Engineering
Education Act of 1990 (20 U.S.C. 5311 et seq.) is repealed.
(m) National Environmental Education Act.--Paragraph (5) of section
3 of the National Environmental Education Act (20 U.S.C. 5502(5)) is
amended--
(1) by striking ``local education'' and inserting ``local
educational''; and
(2) by striking ``section 198'' and inserting ``section
14101''.
(n) Job Training Partnership Act.--(1) Paragraph (23) of section 4
of the Job Training Partnership Act (29 U.S.C. 1503(23)) is amended by
striking ``section 1471(23)'' and inserting ``section 14101''.
(2) Subparagraph (B) of section 263(a)(2) of the Job Training
Partnership Act (29 U.S.C. 1643(a)(2)(B)) is amended by striking
``chapter 1 of''.
(3) Subparagraph (B) of section 263(g)(1) of the Job Training
Partnership Act (29 U.S.C. 1643(g)(1)(B)) is amended by striking
``chapter 1 of''.
(4) Paragraph (2) of section 265(b) of the Job Training Partnership
Act (29 U.S.C. 1645(b)(2)) is amended by striking ``parts A through D
of chapter 1'' and inserting ``parts A through C''.
(o) National Defense Authorization Act for Fiscal Year 1993.--
Paragraph (3) of section 1091(l) of the National Defense Authorization
Act for Fiscal Year 1993 (32 U.S.C. 501 note) is amended by inserting
``(as such section was in effect on the day preceding the date of
enactment of this Act)'' after ``1965''.
(p) Safe Drinking Water Act.--Section 1461 of the Safe Drinking
Water Act (42 U.S.C. 300j-21(6)) is amended--
(1) in subparagraph (A) of paragraph (3)--
(A) by striking ``section 198'' and inserting ``section
14101''; and
(B) by striking ``(20 U.S.C. 3381)''; and
(2) in paragraph (6)--
(A) by striking ``section 198'' and inserting ``section
14101''; and
(B) by striking ``(20 U.S.C. 2854)''.
(q) Civil Rights Act of 1964.--Subparagraph (B) of section 606(2)
of the Civil Rights Act of 1964 (42 U.S.C. 2000d-4a(2)(B)) is amended
by striking ``section 198(a)(10)'' and inserting ``section 14101''.
(r) Older Americans Act of 1965.--(1) Section 338A of the Older
Americans Act of 1965 (42 U.S.C. 3030g-12(a)(1)) is Pamended--
(A) in paragraph (1) of subsection (a)--
(i) by striking ``section 1471'' and inserting ``section
14101''; and
(ii) by striking ``(20 U.S.C. 2891)''; and
(B) in paragraph (3) of subsection (b)--
(i) by striking ``projects under section 1015'' and
inserting ``programs under section 1114''; and
(ii) by striking (20 U.S.C. 2025)''.
(2) Subparagraph (B) of section 363(5) of the Older Americans Act
of 1965 (42 U.S.C. 3030o(5)(B)) is amended--
(A) by striking ``section 1471'' and inserting ``section
14101''; and
(B) by striking ``(20 U.S.C. 2891)''.
(s) Carl D. Perkins Vocational and Applied Technology Education
Act.--(1) Subsection (d) of section 111 of the Carl D. Perkins
Vocational and Applied Technology Education Act (20 U.S.C. 2321(d)) is
amended by striking ``chapter 1 of''.
(2) Paragraph (14) of section 113(b) of the Carl D. Perkins
Vocational and Applied Technology Education Act (20 U.S.C. 2323(b)(14))
is amended by striking ``chapter 1 of''.
(3) Subsection (a) of section 115 of the Carl D. Perkins Vocational
and Applied Technology Education Act (20 U.S.C. 2325(a)) is amended--
(A) by striking ``chapter 1 of''; and
(B) by inserting ``of 1965'' after ``Secondary Education Act''.
(4) Paragraph (1) of section 231(a) of the Carl D. Perkins
Vocational and Applied Technology Education Act (20 U.S.C. 2341(a)(1))
is amended by striking ``section 1005'' and inserting ``section 1124 or
such section's predecessor authority''.
(5) Clause (iv) of section 231(d)(3)(A) of the Carl D. Perkins
Vocational and Applied Technology Education Act (20 U.S.C.
2341(d)(3)(A)(iv)) is amended by striking ``chapter 1 of''.
(6) Paragraph (3) of section 420(a) of the Carl D. Perkins
Vocational and Applied Technology Education Act (20 U.S.C. 2420(a)(3))
is amended by striking ``section 1562'' and inserting ``part B of title
XIII''.
(7) Paragraph (20) of section 521 of the Carl D. Perkins Vocational
and Applied Technology Education Act (20 U.S.C. 2471(20)) is amended by
striking ``section 1471(5)'' and inserting ``section 14101''.
(8) Paragraph (21) of section 521 of the Carl D. Perkins Vocational
and Applied Technology Education Act (20 U.S.C. 2471(21)) is amended by
striking ``section 703(a)(1)'' and inserting ``section 7004(a)''.
(t) Juvenile Justice and Delinquency Prevention Act of 1974.--
Paragraph (2) of section 288E(a) of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5667e-5(a)(2)) is amended
by striking ``chapter 1 of''.
(u) Age Discrimination Act of 1975.--Clause (ii) of section
309(4)(B) of the Age Discrimination Act of 1975 (42 U.S.C.
6107(4)(B)(ii)) is amended by striking ``section 198(a)(10),'' and
inserting ``section 14101''.
(v) Head Start Transitional Project Act.--(1) Paragraph (4) of
section 132 of the Head Start Transition Project Act (42 U.S.C.
9855(4)) is amended by striking ``section 1471(12)'' and inserting
``section 14101''.
(2) Subsection (a) of section 134 of the Head Start Transition
Project Act (42 U.S.C. 9855b(a)) is amended by striking ``of chapter
1''.
(3) Subsection (b) of section 134 of the Head Start Transition
Project Act (42 U.S.C. 9855b(b)) is amended by striking ``of chapter
1''.
(4) Subsection (d) of section 135 of the Head Start Transition
Project Act (42 U.S.C. 9855c(d)) is amended by striking ``schoolwide
project under section 1015(a)'' and inserting ``schoolwide program
under section 1114''.
(5) Subparagraph (C) of section 136(a)(4) of the Head Start
Transition Project Act (42 U.S.C. 9855d(a)(4)(C)) is amended--
(A) by striking ``the Follow Through Act, chapter 1 of''; and
(B) by striking ``, part B of chapter 1 of title I of the
Elementary and Secondary Education Act of 1965 (Even Start)''.
(6) Paragraph (8) of section 136(a) of the Head Start Transition
Project Act (42 U.S.C. 9855d(a)(8)) is amended by striking ``part B of
chapter 1'' and inserting ``part B''.
(7) Paragraph (10) of section 136(a) of the Head Start Transition
Project Act (42 U.S.C. 9855d(a)(10)) is amended by striking ``part B of
chapter 1'' and inserting ``part B''.
(w) Follow Through Act.--The Follow Through Act (42 U.S.C. 9861 et
seq.) is repealed.
(x) Comprehensive Child Development Act.--Paragraph (5) of section
670S of the Comprehensive Child Development Act (42 U.S.C. 9886(5)) is
amended by striking ``section 1471(12)'' and inserting ``section
14101''.
(y) National and Community Service Act of 1990.--Subparagraph (B)
of section 112(b)(2) of the National and Community Service Act of 1990
(42 U.S.C. 12524(b)(2)(B)) is amended by striking ``chapter 1 of''.
(z) Training Technology Transfer Act of 1988.--Paragraph (1) of
section 6144 of the Training Technology Transfer Act of 1988 (20 U.S.C.
5124(1)) is amended by striking ``section 405(d)(4)(A)(i) of the
General Education Provisions Act (20 U.S.C. 1221e(d)(4)(A)(i))'' and
inserting ``section 941(h) of the Educational Research, Development,
Dissemination, and Improvement Act of 1994''.

e88e3c151ac95e21d6b768327eabf913982cc014a79adf73dc915a4bb37030cd

REGARDING IMPACT AID.
(a) Additional Repeals.--
(1) Omnibus budget reconciliation act of 1981.--Subsection (c)
of section 505 of the Omnibus Budget Reconciliation Act of 1981 is
repealed.
(2) Education amendments of 1984.--Section 302 of the Education
Amendments of 1984 is repealed.
(3) Department of education appropriations act, 1991.--Section
306 of the Department of Education Appropriations Act, 1991, is
repealed.
(4) National assessment of chapter 1 act.--Paragraph (2) of
section 3(a) of the 1992 National Assessment of Chapter 1 Act is
repealed.
(5) Public law 92-277.--Section 2 of Public Law 92-277 (86
Stat. 124) is repealed.
(b) Technical and Conforming Amendments.--
(1) Elementary and secondary education amendments of 1966.--
Section 182 of the Elementary and Secondary Education Amendments of
1966 is amended by striking ``by the Act of September 23, 1950
(Public Law 815, 81st Congress),''.
(2) Toxic substances control act.--Subparagraph (C) of section
302(1) of the Toxic Substances Control Act (15 U.S.C. 2662(1)(C))
is amended by inserting ``as in effect before enactment of the
Improving America's Schools Act of 1994'' after ``section 6 of the
Act of September 30, 1950 (64 Stat. 1107),''.

ec4a5c729365dae7638354ef3749c273c3acdb185d7225b5d3903048a8bd4322

(a) Adult Education Act.--Paragraph (4) of section 322(a) of the
Adult Education Act (20 U.S.C. 1203a(a)) is amended by striking ``the
Indian Education Act'' and inserting ``title IX of the Elementary and
Secondary Education Act of 1965''.
(b) Education Amendments of 1978.--Paragraph (3) of section 1128(c)
of the Education Amendments of 1978 (25 U.S.C. 2008(c)(3)) is amended--
(1) in clause (i) of subparagraph (A), by striking ``(as
determined pursuant to section 5324 of the Indian Education Act of
1988)''; and
(2) in subparagraph (B)--
(A) by striking ``the later of the following'' and all that
follows through ``(ii)''; and
(B) by inserting ``, and for each fiscal year thereafter''
before the period at the end thereof.
(c) Indian Education Assistance Act.--Section 209 of the Indian
Education Assistance Act (25 U.S.C. 458e) is amended by striking
``title IV of the Act of June 23, 1972 (86 Stat. 235)'' and inserting
``title IX of the Elementary and Secondary Education Act of 1965''.
(d) Johnson-O'Malley Act.--Subsection (a) of section 5 of the Act
of April 16, 1934, commonly known as the ``Johnson-O'Malley Act'' (25
U.S.C. 456(a)) is amended by striking ``section 305(b)(2)(B)(ii) of the
Act of June 23, 1972 (86 Stat. 235)'' and inserting ``section
9104(c)(4) of the Elementary and Secondary Education Act of 1965''.

5a6d04983c849dd9b3c126db1adc82879dc5965b06678b5140fd8177c0ea96e3

(a) Adult Education Act.--Paragraph (7) of section 342(c) of the
Adult Education Act (20 U.S.C. 1206a(c)) is amended by striking
``section 7004(a) of title VII'' and inserting ``section 7004(a)''.
(b) Anti-Drug Abuse Act of 1988.--Subparagraph (A) of section
3521(d)(8) of the Anti-Drug Abuse Act of 1988 (42 U.S.C.
11841(d)(8)(A)) is amended by striking ``the Drug-Free Schools and
Communities Act of 1986'' and inserting ``title IV of the Elementary
and Secondary Education Act of 1965''.
(c) Asbestos School Hazard Abatement Act.--Section 511 of the
Asbestos School Hazard Abatement Act of 1984 (20 U.S.C. 4020) is
amended--
(1) in subparagraph (A) of paragraph (4), by striking ``section
198(a)(10)'' and inserting ``section 14101''; and
(2) in subparagraph (A) of paragraph (5), by striking ``section
198(a)(7)'' and inserting ``section 14101''.
(d) Cranston-Gonzalez National Affordable Housing Act.--Paragraph
(10) of section 457 of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 12899f(10)) is amended by striking ``section
7003 of the Bilingual Education Act'' and inserting ``section 7004(a)
of the Elementary and Secondary Education Act of 1965''.
(e) Family and Medical Leave Act of 1993.--Subparagraph (A) of
section 108(a)(1) of the Family and Medical Leave Act of 1993 (29
U.S.C. 2618(a)(1)(A)) is amended by striking ``section 1471(12)'' and
inserting ``section 14101''.
(f) Goals 2000: Educate America Act.--The Goals 2000: Educate
America Act is amended--
(1) in section 3--
(A) in subsection (a)--
(i) in paragraph (6), by striking ``section 1471'' and
inserting ``section 14101''; and
(ii) in paragraph (10), by striking ``section 602'' and
inserting ``section 602(a)(17)''; and
(B) in paragraph (1) of subsection (b), by striking
``section 1471'' and inserting ``section 14101'';
(2) in paragraph (7) of section 231, by striking ``chapter 1
of'';
(3) in subsection (b) of section 232--
(A) in subparagraph (A) of paragraph (2), by striking
``Star Schools Program Assistance Act'' and inserting ``Star
Schools program authorized by part B of title III of the
Elementary and Secondary Education Act of 1965''; and
(B) in subparagraph (F) of paragraph (3), by striking ``the
evaluation undertaken pursuant to section 908 of the Star
Schools Program Assistance Act'' and inserting ``any evaluation
of the Star School program undertaken by the Secretary'';
(4) in subsection (b) of section 310, by striking ``section
1017'' and inserting ``sections 1020 and 14503''; and
(5) in subsection (b) of section 311, by amending paragraphs
(1) through (6) to read as follows:
``(1) Title I of the Elementary and Secondary Education Act of
1965.
``(2) Part A of title II of the Elementary and Secondary
Education Act of 1965.
``(3) Part A of title V of the Elementary and Secondary
Education Act of 1965.
``(4) Title VIII of the Elementary and Secondary Education Act
of 1965.
``(5) Part B of title IX of the Elementary and Secondary
Education Act of 1965.
``(6) The Carl D. Perkins Vocational and Applied Technology
Education Act.''.
(g) Immigration and Nationality Act.--Subparagraph (D) of section
245A(h)(4) of the Immigration and Nationality Act (8 U.S.C.
1255a(h)(4)(D)) is amended to read as follows:
``(D) Title I of the Elementary and Secondary Education Act
of 1965.''.
(h) National and Community Service Act of 1990.--The National and
Community Service Act of 1990 is amended--
(1) in section 101--
(A) in paragraph (8), by striking ``section 1471(8) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
2891(8))'' and inserting ``section 14101 of the Elementary and
Secondary Education Act of 1965'';
(B) in paragraph (14), by striking ``section 1471(12) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
2891(12))'' and inserting ``section 14101 of the Elementary and
Secondary Education Act of 1965;
(C) in paragraph (22), by striking ``section 1471(21) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
2891(21))'' and inserting ``section 14101 of the Elementary and
Secondary Education Act of 1965''; and
(D) in paragraph (28), by striking ``section 1471(23) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
2891(23))'' and inserting ``section 14101 of the Elementary and
Secondary Education Act of 1965'';
(2) in subparagraph (B) of section 112(b)(2), by inserting ``or
its successor authority'' after ``(20 U.S.C. 2711 et seq.)''; and
(3) in subsection (b) of section 115A, by inserting ``, as in
effect on the day preceding the date of enactment of the Improving
America's Schools Act of 1994'' after ``(20 U.S.C. 2727(b))''.
(i) Rehabilitation Act of 1973.--The Rehabilitation Act of 1973 is
amended--
(1) in section 202(b)(4)(A)(i), by striking ``paragraphs (8)
and (21), respectively, of section 1471 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 2891 (8) and (21))'' and
inserting ``section 14101 of the Elementary and Secondary Education
Act of 1965''; and
(2) in subparagraph (B) of section 504(b)(2), by striking
``section 1471(12)'' and inserting ``section 14101''.
(j) School-To-Work Opportunities Act of 1994.--The School-to-Work
Opportunities Act of 1994 is amended--
(1) in paragraph (15) of section 4, by striking ``section
602(17)'' and inserting ``section 602(a)(17)''; and
(2) in subsection (b) of section 502, by amending paragraphs
(1) through (6) to read as follows:
``(1) title I of the Elementary and Secondary Education Act of
1965;
``(2) part A of title II of the Elementary and Secondary
Education Act of 1965;
``(3) part A of title V of the Elementary and Secondary
Education Act of 1965;
``(4) part B of title IX of the Elementary and Secondary
Education Act of 1965;
``(5) title XIII of the Elementary and Secondary Education Act
of 1965; and
``(6) the Carl D. Perkins Vocational and Applied Technology
Education Act.''.
(k) Social Security Act.--Paragraph (7) of section 402(g) of the
Social Security Act (42 U.S.C. 602(g)(7)) is amended by striking
``chapter 1 of the Education Consolidation and Improvement Act of
1981'' and inserting ``title I of the Elementary and Secondary
Education Act of 1965''.
(l) State Dependent Care Development Grants Act.--Section 670G of
the State Dependent Care Development Grants Act (42 U.S.C. 9877) is
amended--
(1) in paragraph (6), by striking ``section 198(a)(10)'' and
inserting ``section 14101 of the Elementary and Secondary Education
Act of 1965''; and
(2) in paragraph (11), by striking ``section 198(a)(17)'' and
inserting ``section 14101''.
(m) Tribally Controlled Schools Act of 1988.--The Tribally
Controlled Schools Act of 1988 is amended--
(1) in subparagraph (C) of section 5204(a)(3), by striking
``chapter 1 of''; and
(2) in section 5205--
(A) in subparagraph (A) of subsection (a)(3), by striking
``chapter 1 of''; and
(B) in subsection (b)--
(i) in subparagraph (A) of paragraph (2), by striking
``chapter 1 of''; and
(ii) in clause (i) of paragraph (3)(A), by striking
``chapter 1 of''.

5f05d0c47063bab49ec22ba639c3be1e510e87a070084a6a5e605ed390c135a7

This title may be cited as the ``National Education Statistics Act
of 1994''.

eadd31561e30dc1a4b704f40c8a66acc6453cfa4d6d02d013fb067e6434221a1

TITLE IV

-NATIONAL EDUCATION STATISTICS

(a) Findings.--The Congress finds that--
(1) a Department of Education was established in 1867 ``for the
purpose of collecting such statistics and facts as shall show the
condition and progress of education in the several States and
territories, and of diffusing such information respecting the
organization and management of schools and school systems and
methods of teaching as shall aid the people of the United States in
the establishment and maintenance of efficient school systems, and
otherwise promote the cause of education throughout the United
States'';
(2) today, while the role of the current Department of
Education is much broader, the National Center for Education
Statistics within the Office of Educational Research and
Improvement continues to perform those crucial original purposes;
and
(3) looking to the 21st century, the National Center for
Education Statistics must be able to design and undertake,
effectively and efficiently, statistical activities that will aid
in the reform of the Nation's educational systems.
(b) Purpose.--It is the purpose of this title to ensure the
continuation of an effective mechanism for collecting and reporting
statistics and information showing the condition and progress of
education in the United States and other nations in order to promote
and accelerate the improvement of American education.
(c) Definitions.--For the purpose of this title and unless
otherwise specified--
(1) the term ``Assistant Secretary'' means the Assistant
Secretary for Educational Research and Improvement established
under section 202(b)(1)(E) of the Department of Education
Organization Act;
(2) the term ``Department'' means the Department of Education;
(3) the term ``institution of higher education'' has the same
meaning given such term in section 1201(a) of the Higher Education
Act of 1965;
(4) the term ``local educational agency'' has the same meaning
given such term in section 14101 of the Elementary and Secondary
Education Act of 1965;
(5) the term ``Secretary'' means the Secretary of Education;
(6) the term ``State educational agency'' has the same meaning
given such term in section 14101 of the Elementary and Secondary
Education Act of 1965; and
(7) the terms ``State'' and ``United States''--
(A) other than for the purpose of section 411, mean each of
the 50 States, the District of Columbia, and the Commonwealth
of Puerto Rico; and
(B) for the purpose of section 411, have the same meaning
given such terms in subparagraph (A), except that such terms
include Guam, American Samoa, the Virgin Islands, the
Commonwealth of the Northern Mariana Islands, the Republic of
the Marshall Islands, the Federated States of Micronesia, and
Palau.

00ab8eab754db9f68bfe164729132fbe5f1e1c47d874cb2ea6d35afc81ecc3d1

(a) Establishment.--There is established, within the Office of
Educational Research and Improvement established under section 208 of
the Department of Education Organization Act, a National Center for
Education Statistics (hereafter in this title referred to as the
``Center'').
(b) Commissioner and Associate Commissioners.--
(1) Commissioner.--The Center shall be headed by a Commissioner
of Education Statistics (hereafter in this title referred to as the
``Commissioner'') who shall be appointed by the President, by and
with the advice and consent of the Senate, and who shall--
(A) have substantial knowledge of programs assisted by the
Center;
(B) be paid in accordance with section 5315 of title 5,
United States Code; and
(C) serve for a term of four years, with the terms to
expire every fourth June 21, beginning in 1995.
(2) Associate commissioners.--The Commissioner may appoint such
Associate Commissioners as the Commissioner determines are
necessary and appropriate.

b6bbc226e9c9448e341e36d0f73f5d64d4ba145b79729c3fd50046cc48354604

(a) Duties.--The duties of the Center are to collect, analyze, and
disseminate statistics and other information related to education in
the United States and in other nations, including--
(1) collecting, acquiring, compiling (where appropriate, on a
State by State basis), and disseminating full and complete
statistics on the condition and progress of education, at the
preschool, elementary, secondary, and postsecondary levels in the
United States, including data on--
(A) State and local education reform activities;
(B) student achievement at all levels of education;
(C) secondary school completions, dropouts, and adult
literacy;
(D) educational access to and opportunity for postsecondary
education, including data on financial aid to postsecondary
students;
(E) teaching, including data on course-taking, instruction,
the conditions of the education workplace, and the supply of,
and demand for, teachers, which may include data on the
proportions of women and men, cross-tabulated by race or
ethnicity, teaching in subjects in which such individuals have
been historically underrepresented;
(F) the learning and teaching environment, including data
on libraries;
(G) the incidence, frequency, seriousness, and nature of
violence affecting students, school personnel, and other
individuals participating in school activities, as well as
other indices of school safety;
(H) the financing and management of education, including
data on revenues and expenditures; and
(I) the social and economic status of children;
(2) conducting and publishing reports and analyses of the
meaning and significance of such statistics;
(3) conducting longitudinal studies, as well as regular and
special surveys and data collections, necessary to report on the
condition and progress of education;
(4) collecting, analyzing, cross-tabulating, and reporting, to
the extent feasible, so as to provide information by gender, race,
socioeconomic status, limited-English proficiency, and other
population characteristics when such disaggregated information
would facilitate educational and policy Pdecisionmaking;
(5) assisting public and private educational agencies,
organizations, and institutions in improving and automating
statistical and data collection activities; and
(6) acquiring and disseminating data on educational activities
and student achievement in the United States compared with foreign
nations.
(b) Training Program.--The Commissioner may establish a program to
train employees of public and private educational agencies,
organizations, and institutions in the use of the Center's standard
statistical procedures and concepts and may establish a fellows program
to appoint such employees as temporary fellows at the Center in order
to assist the Center in carrying out its duties.

86b78e4b7cd9314152a2574488ea2ee261b808a48651f33a87242eabc61445c0

(a) Grants, Contracts, and Cooperative Agreements.--
(1) In general.--In carrying out the Commissioner's duties
under this title, the Commissioner may award grants, and enter into
contracts and cooperative agreements.
(2) Duration.--Notwithstanding any other provision of law, the
grants, contracts, and cooperative agreements under this section
may be awarded, on a competitive basis, for a period of not more
than five years, and may be renewed at the discretion of the
Commissioner for an additional period of not more than five years.
(b) Gathering Information.--
(1) Sampling.--The Commissioner may use the statistical method
known as sampling to carry out the purpose of this title.
(2) Source of information.--The Commissioner may, as the
Commissioner considers appropriate, use information collected--
(A) from States, local educational agencies, public and
private schools, preschools, institutions of higher education,
libraries, administrators, teachers, students, the general
public, and such other individuals, organizations, agencies,
and institutions as the Commissioner may consider appropriate;
and
(B) by other offices within the Department Pand by other
Federal departments, agencies, and Pinstrumentalities.
(3) Collection.--The Commissioner may--
(A) enter into interagency agreements for the collection of
statistics;
(B) arrange with any agency, organization, or institution
for the collection of statistics; and
(C) assign employees of the Center to any such agency,
organization, or institution to assist in such collection.
(4) Technical assistance and coordination.--In order to
maximize the effectiveness of Federal efforts to serve the
educational needs of children and youth, the Commissioner shall--
(A) provide technical assistance to Department offices that
gather data for statistical purposes; and
(B) coordinate closely with other Department offices in the
collection of data.

7a5d1785c5808062f1fb39b96aacdae536cef6e1e831f7cf0e19157f3a4c25dc

(a) Report on the Condition and Progress of Education.--The
Commissioner shall, not later than June 1, 1995, and each succeeding
June 1 thereafter, submit to the President and the Congress a
statistical report on the condition and progress of education in the
United States.
(b) Statistical Reports.--The Commissioner shall issue regular
statistical reports to the President and Congress on such education
topics as the Commissioner determines to be appropriate.
(c) Special Reports.--The Commissioner may, whenever the
Commissioner considers it appropriate, issue special reports on
particular education topics.

6c3c469f554a1b71e8178e3c05a4490b815eaf154beea4afbb2977117f928a58

(a) Establishment.--There is established, within the Center, the
Advisory Council on Education Statistics (hereafter in this title
referred to as the ``Council'').
(b) Membership.--
(1) Composition.--The Council shall be composed of--
(A) 18 voting members who are users of education data and
who are appointed by the Secretary on the basis of their
experience and eminence within the field of education, of whom
at least--
(i) three shall be practicing educators;
(ii) three shall be education policymakers;
(iii) three shall be professional statisticians;
(iv) three shall be education researchers; and
(v) three shall be experts in educational Pmeasurement;
(B) three individuals representing the general public,
appointed by the Secretary;
(C) the Director of the Census and the Commissioner of
Labor Statistics, as voting, ex officio members; and
(D) the Assistant Secretary and the Commissioner, as
nonvoting, ex officio members.
(2) Presiding officer.--The Commissioner shall appoint the
presiding officer of the Council from among the voting members of
the Council.
(3) Terms.--Members of the Council appointed under paragraph
(1)(A) shall be appointed for three-year terms except that, in the
case of initial appointments, the Secretary shall make appointments
for shorter terms to the extent necessary to avoid the expiration
of the terms of more than six members in the same calendar year.
(4) Meetings.--(A) The Council shall meet in public session at
the call of the presiding officer, except that the Council shall
meet--
(i) at least two times during each calendar year; and
(ii) in addition, whenever ten voting members request in
writing that the presiding officer call a meeting.
(B) Eleven voting members of the Council shall constitute a
quorum.
(5) Special rule.--The Council shall--
(A) review general policies for the operation of the Center
and shall advise the Commissioner on standards to ensure that
statistics and other information disseminated by the Center are
of high quality and are not subject to partisan political
influence; and
(B) advise the Commissioner and the National Assessment
Governing Board on technical and statistical matters related to
the National Assessment of Educational Progress.
(6) Staff.--The Council shall appoint a staff of not more than
six individuals with technical expertise to enable the Council to
carry out its duties.

ffc2e5fc03cc5baba45cce4941d5556167f27bfcc2b02c2fc21dec4e042d92b9

(a) Confidentiality Standards.--
(1) In general.--(A) The Center shall develop and enforce
standards designed to protect the confidentiality of persons in the
collection, reporting, and publication of data under this title.
(B) This section shall not be construed to protect the
confidentiality of information about institutions, organizations,
and agencies that receive grants from, or have contracts or
cooperative agreements with, the Federal Government.
(2) Prohibition.--No person may--
(A) use any individually identifiable information furnished
under this title for any purpose other than a statistical
purpose;
(B) make any publication whereby the data furnished by any
particular person under this title can be identified; or
(C) permit anyone other than the individuals authorized by
the Commissioner to examine the individual reports.
(b) Administration.--
(1) In general.--No department, bureau, agency, officer, or
employee of the Federal Government, except the Commissioner in
carrying out the purposes of this title, shall require, for any
reason, copies of reports that have been filed under this title
with the Center or retained by any individual respondent. Copies of
such reports that have been so filed or retained with the Center or
any of the Center's employees, contractors, or agents shall be
immune from legal process, and shall not, without the consent of
the individual concerned, be admitted as evidence or used for any
purpose in any action, suit, or other judicial or administrative
proceeding. This paragraph shall apply only to individually
identifiable information (as defined in paragraph (5)(A)).
(2) Employee or staff violations.--Whoever, being or having
been an employee or staff member of the Department, having taken or
subscribed the oath of office, or having sworn to observe the
limitations imposed by subsection (a)(2), knowingly publishes or
communicates any individually identifiable information (as defined
in paragraph (5)(A)), the disclosure of which is prohibited by
subsection (a)(2), and that comes into such employee or staff's
possession by reason of employment (or otherwise providing
services) under this title, shall be found guilty of a class E
felony and imprisoned for not more than five years, or fined as
specified in section 3571 of title 18, United States Code, or both.
(3) Temporary staff.--The Commissioner may utilize temporary
staff, including employees of Federal, State, or local agencies or
instrumentalities (including local educational agencies), and
employees of private organizations to assist the Center in
performing the Center's responsibilities, but only if such
temporary staff are sworn to observe the limitations imposed by
this section.
(4) Information requirements.--No collection of information or
data acquisition activity undertaken by the Center shall be subject
to any review, coordination, or approval procedure except as
required by the Director of the Office of Management and Budget
under the rules and regulations established pursuant to chapter 35
of title 44, United States Code, except such collection of
information or data acquisition activity may be subject to review
or coordination if the Commissioner determines that such review or
coordination is beneficial.
(5) Definitions.--For the purposes of this section--
(A) the term ``individually identifiable information''
means any record, response form, completed survey, or
aggregation thereof from which information about particular
individuals may be revealed; and
(B) the term ``report'' means a response provided by or
about an individual to an inquiry from the Center and does not
include a statistical aggregation from which individually
identifiable information cannot be revealed.
(6) Violations.--Any person who uses any data provided by the
Center, in conjunction with any other information or technique, to
identify any individual student, teacher, administrator, or other
individual and who knowingly discloses, publishes, or uses such
data for a purpose other than a statistical purpose, or who
otherwise violates subparagraph (A) or (B) of subsection (a)(2),
shall be found guilty of a class E felony and imprisoned for not
more than five years, or fined as specified in section 3571 of
title 18, United States Code, or both.
(7) Access to reports or records.--Nothing in this section
shall restrict the right of the Secretary, the Comptroller General
of the United States, the Director of the Congressional Budget
Office, and the Librarian of Congress, to gain access to any
reports or other records, including information identifying
individuals, in the Center's possession, except that the same
restrictions on disclosure that apply under paragraphs (1) and (6)
shall apply to such individuals.

11633f45c028080c98794ac3d822b6f84ce5acf50d43445b36738f6d8be24e6d

(a) General Requests.--
(1) In general.--The Center may furnish transcripts or copies
of tables and other statistical records and make special
statistical compilations and surveys for State and local officials,
public and private organizations, and individuals.
(2) Compilations.--The Center shall provide State and local
educational agencies opportunities to suggest the development of
particular compilations of statistics, surveys, and analyses that
would assist those educational agencies.
(b) Congressional Requests.--The Center shall furnish such special
statistical compilations and surveys as the Congress may request.
(c) Joint Statistical Projects.--The Secretary may engage in joint
statistical projects related to the purposes of this title, or other
statistical purposes authorized by law, with nonprofit organizations or
agencies, and the cost of such projects shall be shared equitably as
determined by the Secretary.
(d) Fees.--
(1) In general.--Statistical compilations and surveys under
this section, other than those carried out pursuant to subsections
(b) and (c), may be made subject to the payment of the actual or
estimated cost of such work.
(2) Funds received.--All funds received in payment for work or
services described in this subsection may be used to pay directly
the costs of such work or services, to repay appropriations that
initially bore all or part of such costs, or to refund excess sums
when necessary.
(e) Access.--
(1) Other agencies.--The Center shall, consistent with section
408, cooperate with other Federal agencies having a need for
educational data in providing access to educational data received
by the Center.
(2) Interested parties.--The Center shall, in accordance with
such terms and conditions as the Secretary may prescribe, provide
all interested parties, including public and private agencies and
individuals, direct access to data collected by the Center for the
purposes of research and acquiring statistical information.

be9fa4f1caa53d357c613c0e377a739075e5a4aa711d95767f3cbf05471e359c

(a) In General.--The Commissioner may establish one or more
national cooperative education statistics systems for the purpose of
producing and maintaining, with the cooperation of the States,
comparable and uniform information and data on elementary and secondary
education, postsecondary education, and libraries, that are useful for
policymaking at the Federal, State, and local levels. In carrying out
this section, the Commissioner may provide technical assistance, and
make grants and enter into contracts and cooperative agreements.
(b) Model Data System.--The Commissioner, working through the
cooperative education statistics system, shall study, design, and pilot
a model data system that will yield information about spending for
administration at the school and local education agency levels.

9fe9bf0bf3cbfe07d35bad3261011d9f24610fcfe64aaccdfaaee46714a97bc5

(a) Establishment.--The Commissioner shall, with the advice of the
National Assessment Governing Board established under section 412, and
with the technical assistance of the Advisory Council established under
section 407, carry out, through grants, contracts, or cooperative
agreements with one or more qualified organizations, or consortia
thereof, a National Assessment of Educational Progress (hereafter in
this title referred to as the ``National Assessment'').
(b) Purpose; State Assessments.--
(1) Purpose.--The purpose of the National Assessment is to
provide a fair and accurate presentation of educational achievement
in reading, writing, and the other subjects included in the third
National Education Goal, regarding student achievement and
citizenship. The Commissioner, in carrying out the National
Assessment, shall use sampling techniques that produce data that
are representative on a national and regional basis, and on a State
basis pursuant to paragraph (2). In addition, the Commissioner
shall--
(A) collect and report data on a periodic basis, but at
least once every two years, on students at ages 9, 13, and 17
and in grades 4, 8, and 12 in public and private schools;
(B) report achievement data on a basis that ensures valid
and reliable trend reporting;
(C) include information on special groups, including,
whenever feasible, information collected, cross-tabulated,
analyzed, and reported by sex, race or ethnicity and
socioeconomic status; and
(D) ensure that achievement data are made available on a
timely basis following official reporting, in a manner that
facilitates further analysis.
(2) State assessments.--(A)(i) The Commissioner, in carrying
out the National Assessment, may conduct State assessments of
student achievement in grades 4, 8, and 12.
(ii) Each such State assessment, in each subject area and at
each grade level, shall be conducted on a developmental basis until
the Commissioner determines, as the result of an evaluation
required by subsection (f), that such assessment produces high
quality data that are valid and reliable.
(B)(i) States wishing to participate in State assessments shall
enter into an agreement with the Secretary pursuant to subsection
(d)(2).
(ii) Such agreement shall contain information sufficient to
give States full information about the process for consensus
decisionmaking on objectives to be tested, and the standards for
sampling, test administration, test security, data collection,
validation, and reporting.
(C) A participating State shall review and give permission for
the release of results from any test of its students administered
as a part of a State assessment prior to the release of such data.
Refusal by a State to release its data shall not restrict the
release of data from other States that have approved the release of
such data.
(3) Prohibited data.--In carrying out the National Assessment,
the Commissioner shall not collect any data that are not directly
related to the appraisal of educational performance, achievement,
and traditional demographic reporting variables, or to the fair and
accurate presentation of such information.
(4) Technical assistance.--In carrying out the National
Assessment, the Commissioner may provide technical assistance to
States, localities, and other parties.
(c) Access.--
(1) Public access.--Except as provided in paragraph (2), the
public shall have access to all data, questions, and test
instruments of the National Assessment.
(2) Personally identifiable information.--(A) The Commissioner
shall ensure that all personally identifiable information about
students, their educational performance, and their families, and
that information with respect to individual schools, remains
confidential, in accordance with section 552a of title 5, United
States Code.
(B) Notwithstanding any other provision of law, the
Commissioner may decline to make available to the public for a
period, not to exceed ten years after initial use, cognitive
questions that the Commissioner intends to reuse in the future.
(d) Participation.--
(1) National and regional.--Participation in the national and
regional assessments by State and local educational agencies shall
be voluntary.
(2) State.--Participation in assessments made on a State basis
shall be voluntary. The Commissioner shall enter into an agreement
with any State that desires to carry out an assessment for the
State under this subsection. Each such agreement shall contain
provisions designed to ensure that the State will--
(A) participate in the assessment; and
(B) pay from non-Federal sources the non-Federal share of
such participation.
(3) Non-federal share.--(A) For each fiscal year, the non-
Federal share for the purpose of paragraph (2)(B) shall be--
(i) the cost of conducting the assessment at the school
level for all public schools in the State sample;
(ii) the cost of coordination within the State; and
(iii) other reasonable costs specified by the Secretary in
the agreement described in paragraph (2), such as the cost of
analyzing and reporting the data.
(B) The non-Federal share of payments under this paragraph may
be in cash or in kind, fairly valued.
(C) The agreement described in paragraph (2) shall describe the
manner in which the costs of administering the assessment to
private nonprofit schools included in the State sample will be met.
(e) Student Performance Levels.--
(1) Performance levels.--The National Assessment Governing
Board, established under section 412, shall develop appropriate
student performance levels for each age and grade in each subject
area to be tested under the National Assessment.
(2) Development of levels.--(A) Such levels shall be--
(i) devised through a national consensus approach,
providing for active participation of teachers, curriculum
specialists, local school administrators, parents, and
concerned members of the general public;
(ii) used on a developmental basis until the Commissioner
determines, as the result of an evaluation under subsection
(f), that such levels are reasonable, valid, and informative to
the public; and
(iii) updated as appropriate.
(B) In using such levels on a developmental basis, the
Commissioner and the Board shall ensure that reports that use such
levels do so in a manner that makes clear the developmental status
of such levels.
(3) Reporting.--After determining that such levels are
reasonable, valid, and informative to the public, as the result of
an evaluation under subsection (f), the Commissioner shall use such
levels or other methods or indicators for reporting results of the
National Assessment and State assessments.
(f) Review of National and State Assessments.--
(1) In general.--(A) The Secretary shall provide for continuing
review of the National Assessment, State assessments, and student
performance levels, by one or more nationally recognized evaluation
organizations, such as the National Academy of Education and the
National Academy of Sciences.
(B) Such continuing review shall address--
(i) whether each developmental State assessment is properly
administered, produces high quality data that are valid and
reliable, and produces data on student achievement that are not
otherwise available to the State (other than data comparing
participating States to each other and the Nation); and
(ii) whether developmental student performance levels are
reasonable, valid, and informative to the public.
(2) Report.--The Secretary shall report to the Congress, the
President, and the Nation on the findings and recommendations of
such reviews.
(3) Use of findings and recommendations.--The Commissioner
shall consider the findings and recommendations of such reviews in
designing the competition to select the organization, or
organizations, through which the Commissioner carries out the
National Assessment.
(g) Coverage Agreements.--
(1) Department of defense schools.--The Secretary and the
Secretary of Defense may enter into an agreement, including such
terms as are mutually satisfactory, to include in the National
Assessment elementary and secondary schools operated by the
Department of Defense.
(2) Bureau of indian affairs schools.--The Secretary and the
Secretary of the Interior may enter into an agreement, including
such terms as are mutually satisfactory, to include in the National
Assessment schools for Indian children operated or supported by the
Bureau of Indian Affairs.

dd9f5fd1669804398d9ee1644c922f96ef34f2020b5f4586ff8fa148e4f69def

(a) Establishment.--There is established the National Assessment
Governing Board (hereafter in this title referred to as the ``Board''),
which shall formulate policy guidelines for the National Assessment.
(b) Membership.--
(1) Appointment and composition.--The Board shall be appointed
by the Secretary and be composed of--
(A) two Governors, or former Governors, who shall not be
members of the same political party;
(B) two State legislators, who shall not be members of the
same political party;
(C) two chief State school officers;
(D) one superintendent of a local educational agency;
(E) one member of a State board of education;
(F) one member of a local board of education;
(G) three classroom teachers representing the grade levels
at which the National Assessment is conducted;
(H) one representative of business or industry;
(I) two curriculum specialists;
(J) three testing and measurement experts, who shall have
training and experience in the field of testing and
measurement;
(K) one nonpublic school administrator or policymaker;
(L) two school principals, of whom one shall be an
elementary school principal and one shall be a secondary school
principal; and
(M) four additional members who are representatives of the
general public, including parents.
(2) Assistant secretary for educational research.--The
Assistant Secretary for Educational Research and Improvement shall
serve as an ex officio, nonvoting member of the Board.
(3) Special rule.--The Secretary and the Board shall ensure at
all times that the membership of the Board reflects regional,
racial, gender, and cultural balance and diversity and that the
Board exercises its independent judgment, free from inappropriate
influences and special interests.
(c) Terms.--
(1) In general.--Terms of service of members of the Board shall
be staggered and may not exceed a period of 3 years, as determined
by the Secretary.
(2) Service limitation.--Members of the Board may serve not
more than two terms.
(3) Change of status.--A member of the Board who changes status
under subsection (b) during the term of the appointment of the
member may continue to serve as a member until the expiration of
such term.
(d) Vacancies.--
(1) In general.--(A) The Secretary shall appoint new members to
fill vacancies on the Board from among individuals who are
nominated by organizations representing the type of individuals
described in subsection (b)(1) with respect to which the vacancy
exists.
(B) Each organization submitting nominations to the Secretary
with respect to a particular vacancy shall nominate for such
vacancy six individuals who are qualified by experience or training
to fill the particular Board vacancy.
(C) The Secretary's appointments shall maintain the
composition, diversity, and balance of the Board required under
subsection (b).
(2) Additional nominations.--The Secretary may request that
each organization described in paragraph (1)(A) submit additional
nominations if the Secretary determines that none of the
individuals nominated by such organization have appropriate
knowledge or expertise.
(e) Duties.--
(1) In general.--In carrying out its functions under this
section the Board shall--
(A) select subject areas to be assessed (consistent with
section 411(b)(1));
(B) develop appropriate student performance levels as
provided in section 411(e);
(C) develop assessment objectives and test specifications
through a national consensus approach which includes the active
participation of teachers, curriculum specialists, local school
administrators, parents, and concerned members of the public;
(D) design the methodology of the assessment, in
consultation with appropriate technical experts, including the
Advisory Council established under section 407;
(E) develop guidelines for reporting and disseminating
results;
(F) develop standards and procedures for interstate,
regional, and national comparisons; and
(G) take appropriate actions needed to improve the form and
use of the National Assessment.
(2) Delegation.--The Board may delegate any of the Board's
procedural and administrative functions to its staff.
(3) Cognitive items.--The Board shall have final authority on
the appropriateness of cognitive items.
(4) Prohibition against bias.--The Board shall take steps to
ensure that all items selected for use in the National Assessment
are free from racial, cultural, gender, or regional bias.
(5) Technical.--In carrying out the duties required by
paragraph (1), the Board may seek technical advice, as appropriate,
from the Commissioner and the Advisory Council on Education
Statistics and other experts.
(6) Report.--Not later than 90 days after an evaluation of the
student performance levels under section 411(e), the Board shall
make a report to the Secretary, the Committee on Education and
Labor of the House of Representatives, and the Committee on Labor
and Human Resources of the Senate describing the steps the Board is
taking to respond to each of the recommendations contained in such
evaluation.
(f) Personnel.--
(1) In general.--In the exercise of its responsibilities, the
Board shall be independent of the Secretary and the other offices
and officers of the Department.
(2) Staff.--(A) The Secretary may appoint, at the request of
the Board, such staff as will enable the Board to carry out its
responsibilities.
(B) Such appointments may include, for terms not to exceed
three years and without regard to the provisions of title 5, United
States Code, governing appointments in the competitive service, not
more than six technical employees who may be paid without regard to
the provisions of chapter 51 and subchapter III of chapter 53 of
such title relating to classification and General Schedule pay
rates.
(g) Coordination.--The Commissioner and the Board shall meet
periodically--
(1) to ensure coordination of their duties and activities
relating to the National Assessment; and
(2) for the Commissioner to report to the Board on the
Department's actions to implement the decisions of the Board.
(h) Administration.--Only sections 10, 11, and 12 of the Federal
Advisory Committee Act shall apply with respect to the Board.

29749849cba8195c9a432d96529739b3bf754c115273197445381d9441f26ff4

(a) In General.--There are authorized to be appropriated
$65,000,000 for fiscal year 1995 and such sums as may be necessary for
each of the four succeeding fiscal years to carry out this title (other
than sections 411 and 412).
(b) National Assessment.--There are authorized to be appropriated
$35,000,000 for fiscal year 1995 and such sums as may be necessary for
each of the fiscal years 1996 and 1997 to carry out section 411.
(c) Governing Board.--There are authorized to be appropriated
$3,000,000 for fiscal year 1995 and such sums as may be necessary for
each of the fiscal years 1996 and 1997 to carry out section 412.
PART A--ALBERT EINSTEIN DISTINGUISHED EDUCATOR FELLOWSHIP ACT

8df1b6709bf81187f496dd65aad14de1da785f8399ad8367063a39d1bda45306

This part may be cited as the ``Albert Einstein Distinguished
Educator Fellowship Act of 1994''.

baa906fd71ddbb644b718d3fc25f1904e409b2f1473ae47b0c68fa7eae5aaa95

-MISCELLANEOUS PROVISIONS

The Congress finds that--
(1) the Department of Energy has unique and extensive
mathematics and science capabilities that contribute to mathematics
and science education programs throughout the Nation;
(2) a need exists to increase understanding, communication, and
cooperation between the Congress, the Department of Energy, other
Federal agencies, and the mathematics and science education
community;
(3) elementary and secondary school mathematics and science
teachers can provide practical insight to the legislative and
executive branches in establishing and operating education
programs; and
(4) a pilot program that placed elementary and secondary school
mathematics and science teachers in professional staff positions in
the Senate and the House of Representatives has proven successful
and demonstrated the value of expanding the program.

8a8a631924f8ad53e27c6ef82540dfae631f584bc902c39e115bf6b6ab9fde85

(a) Purpose.--The purpose of this part is to establish within the
Department of Energy a national fellowship program for elementary and
secondary school mathematics and science teachers.
(b) Designation.--A recipient of a fellowship under this part shall
be known as an ``Albert Einstein Fellow''.

48ea7a8f1232051d39b8a0553d10a162f1e00a0de6a598fa394bcec15bf64a96

As used in this part--
(1) the term ``elementary school'' has the meaning provided by
section 14101 of the Elementary and Secondary Education Act of
1965;
(2) the term ``local educational agency'' has the meaning
provided by section 14101 of the Elementary and Secondary Education
Act of 1965;
(3) the term ``secondary school'' has the meaning provided by
section 14101 of the Elementary and Secondary Education Act of
1965; and
(4) the term ``Secretary'' means the Secretary of Energy.

b40442315a60f76d4dfbc022be521b182776328d790528e552ee733bf09720e8

(a) In General.--
(1) Establishment.--The Secretary shall establish the Albert
Einstein Distinguished Educator Fellowship Program (hereafter in
this part referred to as the ``Program'') to provide 12 elementary
or secondary school mathematics or science teachers with
fellowships in each fiscal year in accordance with this part.
(2) Order of priority.--The Secretary may reduce the number of
fellowships awarded under this part for any fiscal year in which
the amount appropriated for the Program is insufficient to support
12 fellowships. If the number of fellowships awarded under this
part is reduced for any fiscal year, then the Secretary shall award
fellowships based on the following order of priority:
(A) Three fellowships in the Department of Energy.
(B) Two fellowships in the Senate.
(C) Two fellowships in the House of Representatives.
(D) One fellowship in each of the following entities:
(i) The Department of Education.
(ii) The National Institutes of Health.
(iii) The National Science Foundation.
(iv) The National Aeronautics and Space
PAdministration.
(v) The Office of Science and Technology Policy.
(3) Terms of fellowships.--Each fellowship awarded under this
part shall be awarded for a period of ten months that, to the
extent practicable, coincide with the academic year.
(4) Eligibility.--To be eligible for a fellowship under this
part, an elementary or secondary school mathematics or science
teacher must demonstrate--
(A) that such teacher would bring unique and valuable
contributions to the Program;
(B) that such teacher is recognized for excellence in
mathematics or science education; and
(C)(i) a sabbatical leave from teaching will be granted in
order to participate in the Program; or
(ii) the teacher will return to a teaching position
comparable to the position held prior to participating in the
Program.
(b) Administration.--The Secretary shall--
(1) provide for the development and administration of an
application and selection process for fellowships under the
Program, including a process whereby final selections of fellowship
recipients are made in accordance with subsection (c);
(2) provide for the publication of information on the Program
in appropriate professional publications, including an invitation
for applications from teachers listed in the directories of
national and State recognition programs;
(3) select from the pool of applicants 12 elementary and
secondary school mathematics teachers and 12 elementary and
secondary school science teachers;
(4) develop a program of orientation for fellowship recipients
under this part; and
(5) not later than August 31 of each year in which fellowships
are awarded, prepare and submit an annual report and evaluation of
the Program to the appropriate Committees of the Senate and the
House of Representatives.
(c) Selection.--
(1) In general.--The Secretary shall arrange for the 24
semifinalists to travel to Washington, D.C., to participate in
interviews in accordance with the selection process described in
paragraph (2).
(2) Final selection.--(A) Not later than May 1 of each year
preceding each year in which fellowships are to be awarded, the
Secretary shall select and announce the names of the fellowship
recipients.
(B) The Secretary shall provide for the development and
administration of a process to select fellowship recipients from
the pool of semifinalists as follows:
(i) The Secretary shall select three fellowship recipients
who shall be assigned to the Department of Energy.
(ii) The Majority Leader of the Senate and the Minority
Leader of the Senate, or their designees, shall each select a
fellowship recipient who shall be assigned to the Senate.
(iii) The Speaker of the House of Representatives and the
Minority Leader of the House of Representatives, or their
designees, shall each select a fellowship recipient who shall
be assigned to the House of Representatives.
(iv) Each of the following individuals, or their designees,
shall select one fellowship recipient who shall be assigned
within the department, office, agency, or institute such
individual administers:
(I) The Secretary of Education.
(II) The Director of the National Institutes of Health.
(III) The Director of the National Science PFoundation.
(IV) The Administrator of the National Aeronautics and
Space Administration.
(V) The Director of the Office of Science and
Technology Policy.

e10219f4c9252fc6e5d73f0febbc85fd7b2dd580956741ac045c5923519e77c5

(a) Fellowship Recipient Compensation.--Each recipient of a
fellowship under this part shall be paid during the fellowship period
at a rate of pay that shall not exceed the minimum annual rate payable
for a position under GS-13 of the General Schedule.
(b) Local Educational Agency.--The Secretary shall seek to ensure
that no local educational agency penalizes a teacher who elects to
participate in the Program.

83579358fee7b595bd239ec36213b0ae71521cef00bb9563776004fc25b54e5e

(a) In General.--The Secretary is authorized to establish a
partnership of Department of Energy laboratories, academic
Pinstitutions, and private sector industries to conduct
environmentally-related education programs, including programs
involving environmentally conscious manufacturing and waste management
activities that have undergraduate and graduate educational training as
a component.

ed9c38a0a698e8f887309d79f79cbe42b8fe5f15a0f296d7990f7966eeceadde

(a) There are authorized to be appropriated for the Program
$700,000 for fiscal year 1995, and such sums as may be necessary for
each of the four succeeding fiscal years.
(b) WERC Program.--There are authorized to be appropriated for the
WERC program under section 517 such sums as may be necessary for fiscal
year 1995 and each of the four succeeding fiscal years.
PART B--COMMUNITY SCHOOL PARTNERSHIPS

82e6c164de11969d6fa1d166345705207dc1c1486b3235d192182d980f3d4504

This part may be cited as the ``Community School Partnership Act''.

71af9962d33c90c4e032529cbca742b8e48aadbcfd4154cc658ff8e874553c6f

The Congress finds that--
(1) the local community, when properly organized and
challenged, is one of the best sources of academic support,
motivation toward achievement, and financial resources for aspiring
postsecondary students;
(2) local communities, working to complement or augment
services currently being offered by area schools and colleges, can
raise the educational expectations and increase the rate of
postsecondary attendance of their youth by forming locally based
organizations that provide both academic support (including
guidance, counseling, mentoring, tutoring, encouragement, and
recognition) and tangible, locally raised, effectively targeted,
publicly recognized financial assistance;
(3) proven methods of stimulating these community efforts can
be promoted through Federal support for the establishment of area
program centers to organize and challenge community efforts to
develop educational incentives and support for local students; and
(4) using Federal funds to leverage private contributions to
help students from low-income families attain educational and
career goals is an efficient and effective investment of scarce
taxpayer-provided resources.

d9d1b005560c8563f1be1109d28f59b1347521222208f1dde081a3cf8e15c720

As used in this part:
(1) Area program center.--The term ``area program center''
means an organization that--
(A) is part of, responsible to, and overseen by, the
national organization; and
(B) is staffed by professionals trained to create, develop,
and sustain local affiliated chapters in towns, cities, and
neighborhoods.
(2) Local affiliated chapter.--The term ``local affiliated
chapter'' means an organization that--
(A) is a nonprofit organization that is described in
section 501(c)(3) of the Internal Revenue Code of 1986, and
exempt from taxation under section 501(a) of such Code (or
shall meet this criteria through affiliation with the national
organization described in paragraph (3));
(B) is formed for the purpose of providing educational
scholarships and academic support for residents of the local
community served by such organization;
(C) solicits broad-based community support in its academic
support and fund-raising activities;
(D) is broadly representative of the local community in the
structures of its volunteer-operated organization and has a
board of directors that includes leaders from local
neighborhood organizations and neighborhood residents, such as
school or college personnel, parents, students, community
agency representatives, and representatives of the business
community;
(E) awards scholarships without regard to age, sex, marital
status, race, creed, color, religion, national origin or
disability; and
(F) gives priority in awarding scholarships to students
from low-income families in the local community.
(3) National organization.--The term ``national organization''
means an organization that--
(A) has the capacity to create, develop and sustain local
affiliated chapters;
(B) has the capacity to sustain newly created local
affiliated chapters in towns, cities, and neighborhoods through
ongoing training and support programs;
(C) is described in section 501(c)(3) of the Internal
Revenue Code of 1986, and exempt from taxation under section
501(a) of such Code;
(D) is a publicly supported organization within the meaning
of section 170(b)(1)(A)(vi) of such Code;
(E) ensures that each of its local affiliated chapters meet
the criteria described in subparagraphs (C) and (D); and
(F) has a program for or experience in cooperating with
secondary and postsecondary institutions in carrying out its
scholarship and academic support activities.
(4) High-poverty area.--The term ``high-poverty area'' means a
community with a higher percentage of children in poverty than the
national average of such percentage.
(5) Students from low-income families.--The term ``students
from low-income families'' means students determined, pursuant to
part F of title IV of the Higher Education Act of 1965, to be
eligible for a Federal Pell Grant under subpart 1 of part A of
title IV of such Act.

b07688a152e20ec02988b40b44da81775d4e07f59d4e710c62091578d820625c

(a) Purpose.--It is the purpose of this part to establish and
support area program centers to enable such centers to foster the
development of local affiliated chapters in high-poverty areas that
promote higher education goals for students from low-income families
by--
(1) providing academic support, including guidance, counseling,
mentoring, tutoring, and recognition; and
(2) providing scholarship assistance for the pursuit of
postsecondary education.
(b) Endowment Grant Authority.--From the funds appropriated
pursuant to the authority of section 527, the Secretary shall award an
endowment grant, on a competitive basis, to a national organization to
enable such organization to support the establishment or ongoing work
of area program centers that foster the development of local affiliated
chapters in high-poverty areas to improve high school graduation rates
and postsecondary attendance through the provision of academic support
services and scholarship assistance for the pursuit of postsecondary
education.

c659d8b3c029f555d76545a0963d11281123f09c86c21d37e978d9ebee801768

Improving America's Schools Act of 1994

Other Sections

TITLE V

TITLE I

TITLE II

TITLE III

TITLE IV

TITLE V

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