[Journal of the House of Representatives, 1994]
[Thursday, February 24, 1994 (13), Para 13.9 Recorded Vote]
[Pages 187-196]
[From the U.S. Government Publishing Office, www.gpo.gov]
Para. 13.9 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendments en bloc, as modified, submitted by
Mr. KILDEE:
Page 5, amend the heading for part E of title II of the
Elementary and Secondary Education Act of 1965 in the table
of contents as follows:
``Part E--Innovative Education Program Strategies''.
Page 8, in the item relating to title V, strike:
``TITLE V--MAGNET SCHOOLS ASSISTANCE
``PART A--PROMOTING EQUITY''
and insert
``TITLE V--PROMOTING EQUITY
``PART A--MAGNET SCHOOLS ASSISTANCE''
Page 15, in the item relating to section 501, strike
``study'' and insert ``evaluation''.
Page 37, strike lines 8 through 11 (and redesignate any
subsequent paragraphs accordingly).
Page 37, line 23, strike ``and revision''.
Page 37, after line 23, insert the following (and
redesignate any subsequent paragraphs accordingly):
``(2) shall appoint individuals to the peer review process
who shall be representative of State educational agencies,
local educational agencies, teachers, and parents;''.
Page 52, line 19, after ``1117'' insert ``(c)(1) and (e)''.
Page 52, line 20, after ``system'' insert ``, together with
other providers of assistance with which the State has made
specific arrangements to assist schoolwide programs, such as
comprehensive technical assistance centers, regional
laboratories, and institutions of higher education,''.
Page 52, line 22, strike ``, including'' and all that
follows through ``team'' on line 24.
Page 56, line 18, after ``local educational agency'' insert
``and its school support team or other technical assistance
provider consistent with the provisions in subsections (c)(1)
and (e) of section 1117''.
Page 59, strike lines 8 through 14 and insert the
following:
identification shall be subject to corrective actions by the
local educational agency, as well as, where appropriate,
termination of schoolwide program status.
``(3) A school that has forfeited its schoolwide status may
not regain such status until the local educational agency
determines that the school has adequately reformed its
schoolwide program plan to enable it to make adequate
progress toward meeting the State's challenging performance
standards.
Page 70, line 16, strike ``; and'' and insert a comma.
Page 70, line 18, before the period insert ``, and in the
case of schoolwide programs, terminating schoolwide status''.
Page 72, line 20, strike ``standards.'' and insert
``standards, and submit such plan to the State educational
agency for approval.''.
Page 188, line 21, strike ``and middle schools'' and insert
``, middle schools, and secondary schools''.
Page 311, strike line 20 and insert the following:
[[Page 188]]
``PART E--INNOVATIVE EDUCATION PROGRAM STRATEGIES''.
Page 312, line 8, strike ``Goals 2000'' and insert ``Goals
2000: Educate America Act''.
Page 313, beginning on line 25, strike ``the Trust
Territory of the Pacific Islands''.
Page 314, line 1, insert ``and Palau (until the effective
date of the Compact of Free Association with the Government
of Palau),'' after ``the Northern Mariana Islands,''.
Page 319, line 19, strike ``chapter'' and insert ``part''.
Page 322, line 15, after ``local'' insert ``educational''.
Page 445, strike lines 7 through 9 and insert the
following:
``TITLE V--PROMOTING EQUITY
``PART A--MAGNET SCHOOLS ASSISTANCE''.
Page 757, line 5, strike ``and''.
Page 757, line 6, insert the following (and redesignate any
subsequent subparagraphs accordingly):
``(B) Subpart 1 of part B and part C of title II; and''.
Page 802, strike lines 14 through 25.
Page 898, line 12, strike ``Study'' and insert
``Evaluation''.
Page 898, line 14, strike ``In addition to'' and insert
``In collaboration with''.
Page 898, line 17, strike ``study'' and insert
``evaluation''.
Page 898, line 21, strike ``study'' and insert
``evaluation''.
Page 898, line 25, strike ``study'' and insert
``evaluation''.
Page 899, line 2, after ``Opportunities Act'' insert ``and
shall be coordinated with evaluations of such acts''.
Page 899, line 3, strike ``study'' and insert
``evaluation''.
Page 899, line 13, strike ``study'' and insert
``evaluation''.
Page 899, line 20, strike ``to such'' and insert ``with
such''.
Page 900, line 3, strike ``study'' and insert
``evaluation''.
Page 900, line 11, strike ``study'' and insert
``evaluation''.
Page 900, line 17, strike ``study'' and insert
``evaluation''.
Page 900, line 19, after ``report.'' insert ``The panel
shall not be subject to the Federal Advisory Committee
Act.''.
Page 901, strike lines 2 through 4 and insert the
following: ``Any authority or requirement to make funds
available under this Act shall be effective only to the
extent provided in appropriation Acts.
Strike out part G of title VI of the Elementary and
Secondary Education Act of 1965, as proposed to be added by
the amendment made by section 101 of the bill (page 519, line
8 through page 617, line 24).
Page 875, after line 20, insert the following:
PART F--AMENDMENTS TO STATUTES PERTAINING TO INDIAN EDUCATION
SEC. 351. BUREAU OF INDIAN AFFAIRS.
Part B of title XI of Public Law 95-561 (25 U.S.C. 2001 et
seq.) is amended to read as follows:
Page 875, after line 20, insert the text set out in the
bill as part G of title VI of the Elementary and Secondary
Education Act of 1965 (page 519, line 8 through page 617,
line 24) and redesignate that part as part B, redesignate the
sections in that part so as to begin with section 1121, and
revise cross references to those sections accordingly.
Page 875, after line 20, insert the following:
SEC. 352. APPLICATION WITH RESPECT TO INDIAN SELF-
DETERMINATION AND EDUCATION ASSISTANCE ACT.
Section 5209(a) 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 section 5, 6, 7, 104, 105(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.''.
SEC. 353. PAYMENTS.
Section 5209(e) of Public Law 100-297, the Tribally
Controlled Schools Act of 1988, is amended--
(1) by striking ``the amount of the grant under section
5205 (and the amount of funds referred to in that section),
any payments to be made under section 5208 of this Act,'' and
inserting in lieu thereof: ``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 in lieu thereof ``an
administrative cost grant''; and
(3) by adding at the end thereof ``and the Equal Access to
Justice Act shall apply to administrative appeals filed after
January 1, 1994, by grantees regarding the Tribally
Controlled Schools Grant and Administrative Cost Grants.''.
SEC. 354. ENDOWMENT FUNDS.
Section 302 of Public Law 95-471, the Tribally Controlled
Community Colleges Assistance Act of 1978, is amended--
(1) in subsection (a), by striking ``section 333'' and
inserting in lieu thereof ``section 331'';
(2) in subsection (b), by deleting paragraph (1) and
inserting in lieu thereof the following:
``(1) provides for the investment and maintenance of funds
covered by such endowment account under the same conditions
and limitations as are in section 331 of the Higher Education
Act and the regulations implementing such provisions in
effect at the time such funds are invested;
(3) in subsection (b)(3) by striking ``same'' the first
time it appears.
SEC. 355. HIGHER EDUCATION AMENDMENTS OF 1992.
Section 1518 of title XV of the Higher Education Amendments
of 1992 (relating to the Santa Fe Arts Institute) 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 on hand as of 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 with Federal
funds appropriated in any year.''; and
(2) in subsection (c), by striking paragraph (1) and
inserting in lieu thereof the following:
``(1) Funds in the trust funds described in subsections (a)
and (b) shall be invested under the same conditions and
limitations as are in section 331 of the Higher Education
Act, and the regulations implementing such provisions in
effect at the time such funds are invested.''.
Page 738, line 8, insert the following:
``SEC. 9104. APPLICABILITY TO BUREAU OF INDIAN AFFAIRS
OPERATED SCHOOLS.
``For purposes of any competitive program under this Act,
the Bureau of Indian Affairs may apply on behalf of the
schools which it operates and it shall be subject to all
program and application requirements of the program for which
it applies.''.
Page 486, strike line 24 and all that follows through page
487, line 21 and insert the following:
``(f)(1)(A) The Secretary shall conduct a monitoring and
evaluation review of a sampling of the recipients of grants
under this part each fiscal year, such sampling to take into
account size of the recipient and geographic location. The
purpose of the sampling shall be to provide the Secretary
with such information as is necessary to assist the Secretary
in carrying out his or her responsibility to provide
technical assistance under this part.''.
Page 491, strike line 13 and all that follows through page
500, line 2, and insert the following:
``SEC. 6201. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR
INDIAN CHILDREN.
``(a) Purpose; Coordination.--(1) It is the purpose of this
section to support projects that are to develop, text, and
demonstrate the effectiveness of services and programs to
improve educational opportunities and achievement of Indian
children.
``(2) The Secretary shall take such steps as are necessary
to achieve coordination of projects funded under this part
with other programs funded under this Act and with other
Federal programs operated for the benefit of American Indian
and Alaska Native children.
``(b) Eligible Applicants.--State educational agencies,
local educational agencies, Indian tribes, Indian
organizations, federally supported elementary and secondary
schools for Indian students, Indian institutions, including
Indian institutions of higher education, and consortia
thereof may apply for grants under this section.
``(c) Authorized Projects and Activities.--Recipients of
grants under this section shall use the grant funds to carry
out projects and activities that meet the purpose of this
section, such as--
``(1) innovative programs related to the educational needs
of educationally deprived children;
``(2) educational services not available to such children
in sufficient quantity or quality, including remedial
instruction, to raise the achievement of Indian children in 1
or more of the core curriculum areas of English, mathematics,
science, foreign languages, art, history, and geography;
``(3) bilingual and bicultural programs and projects;
``(4) special health and nutrition services, and other
related activities, which meet the special health, social,
and psychological problems of Indian children;
``(5) special compensatory and other programs and projects
designed to assist and encourage Indian children to enter,
remain in, or reenter school and to increase the rate of high
school graduation;
``(6) comprehensive guidance, counseling, and testing
services;
``(7) early childhood and kindergarten programs, including
family based preschool programs that emphasize school
readiness and parental skills, and services to Indian
children with disabilities;
``(8) partnership projects between local educational
agencies and institutions of higher education that allow high
school students to enroll in courses at the postsecondary
level to aid them in the transition from high school to
postsecondary education;
``(9) partnership projects between schools and local
businesses for school-to-work transition programs designed to
provide Indian youth with the knowledge and skills they need
to make an effective transition from school to a first job in
a high-skill, high-wage career;
``(10) programs designed to encourage and assist Indian
student to work toward, and gain entrance into, institutions
of higher education; and
``(11) other services which meet the needs of this section.
[[Page 189]]
Preservice or in-service training of professional and
paraprofessional personnel may be a part of any program
authorized under this section.
``(d) Grants and Applications.--
``(1) Grants.--(A) The Secretary may make grants under this
section for up to 5 years. Grants may be made for the
planning, development, pilot operation, or demonstration of
any activity authorized under this section, with priority
given to those applications which present a plan for
combining 2 or more of these operations over a multiyear
period. The Secretary shall make such multiyear grants
subject to the conditions included below and shall provide
continuation funding for each fiscal year upon a positive
determination that the applicant has made substantial
progress in carrying out the operations covered under each
grant period, as set forth in the initial grant and any
subsequent modifications.'
``(B) The Secretary is also authorized to make
dissemination grants. Prior to making any such dissemination
grant, the Secretary shall make a finding that the material
or program to be disseminated has been adequately reviewed
and has shown (i) educational merit, and (ii) an ability to
be replicated.
``(2) Applications.--(A) Any eligible entity that desires
to receive a grant under this section shall submit an
application to the Secretary at such time and in such manner
as the Secretary may require.
``(B) Each application shall contain--
``(i) a description of how parents of Indian children and
representatives of Indian tribes have been, and will be,
involved in developing and implementing the project for which
assistance is sought;
``(ii) as assurance that the applicant will participate, at
the request of the Secretary, in any national evaluation of
projects under this section; and
``(iii) such other assurances and information as the
Secretary may reasonably require.
``SEC. 6202. PROFESSIONAL DEVELOPMENT.
``(a) Purpose.--The purpose of this section is to increase
the number of qualified Indian persons in professions serving
Indian people, and to provide training as teachers,
administrators, teacher aides, social workers, and ancillary
educational personnel, and to improve the skills of those
presently serving in these capacities.
``(b) Eligible Applicants.--Eligible applicants under this
section are--
``(1) institutions of higher education, including Indian
institutions of higher education;
``(2) State and local educational agencies, in consortium
with institutions of higher education; and
``(3) Indian tribes and organizations, in consortium with
institutions of higher education.
``(c) Authorized Projects and Activities.--(1) Each
recipient of a grant under this section shall use the grant
funds to provide support and training for Indian persons,
consistent with the purposes of this section. Such activities
may include, but are not limited to, a continuing program,
symposia, workshops, conferences, and direct financial
support.
``(2)(A) For education personnel, such training may be in-
service or preservice.
``(B) For those being trained in other fields, such
training shall be in programs that result in graduate
degrees.
``(3) In programs funded under this section, preference
shall be given to the training of Indians.
``(4) In making grants under this section, the Secretary
shall consider prior performance and may not limit
eligibility on the basis of the number of previous grants or
the length of time for which the applicant has received
grants.
``(d) Project Period.--The project period for each project
approved under this section shall be up to 5 years.
``(e) Service Obligation.--The Secretary shall, by
regulation, require that individuals who receive training
under this section perform related work which benefits Indian
people or repay all or a prorated part of the support
received. The Secretary shall establish by regulation a
mechanism for having the recipient provide information of
compliance with this requirement beginning within 12 months
of the completion of training received.''.
Page 501, strike line 21 and all that follows through page
502, line 2 and insert the following:
``(e) Service Obligation.--The Secretary shall, by
regulation, require that individuals who receive financial
assistance under this section perform related work which
benefits Indian people or repay all or a prorated part of the
support received. The Secretary shall establish by regulation
a mechanism for having the recipient provide information of
compliance with this requirement beginning within 12 months
of the completion of training received.''.
Page 507, strike line 19 and all that follows through page
509, line 2.
____
Page 411, line 13, strike ``5004(a)(1)'' and insert
``4004(a)(1)''.
Page 412, line 2, strike ``5202'' and insert ``4202''.
Page 412, line 5, strike ``5106(a)'' and insert
``4106(a)''.
Page 413, line 11, strike ``5101'' and insert ``4101''.
Page 413, line 17, strike ``5101'' and insert ``4101''.
Page 414, line 21, strike ``5104'' and insert ``4104''.
Page 414, line 25, strike ``5106(a)'' and insert
``4106(a)''.
Page 415, line 5, strike ``5103(a)'' and insert
``4103(a)''.
Page 415, line 16, strike ``5105'' and insert ``4105''.
Page 415, line 19, strike ``5103(b)'' and insert
``4103(b)''.
Page 416, line 2, strike ``5103(d)(2)(A)(i)(II)'' and
insert ``4103(d)(2)(A)(i)(II)''.
Page 416, line 25, strike ``5101'' and insert ``4101''.
Page 417, line 6, strike ``5121'' and insert ``4121''.
Page 417, line 11, strike ``5101'' and insert ``4101''.
Page 417, line 19, strike ``5122'' and insert ``4122''.
Page 421, line 19, strike ``5104'' and insert ``4104''.
Page 422, line 24, strike ``5103(d)'' and insert
``4103(d)''.
Page 424, line 24, strike ``5102'' and insert ``4102''.
Page 425, line 15, strike ``5103(d)(2)(A)(i)(I)'' and
insert ``4103(d)(2)(A)(i)(I)''.
Page 425, line 16, strike ``5103(d)(2)(A)(i)(II)'' and
insert ``4103(d)(2)(A)(i)(II)''.
Page 426, line 12, strike ``5102'' and insert ``4102''.
Page 432, line 5, strike ``5122'' and insert ``4122''.
Page 434, line 10, strike ``5103(b)'' and insert
``4103(b)''.
Page 434, line 11, strike ``5103(d)'' and insert
``4103(d)''.
Page 435, line 9, strike ``5004(a)(2)'' and insert
``4004(a)(2)''.
Page 437, line 2, strike ``5106(a)'' and insert
``4106(a)''.
Page 438, line 9, strike ``5101(a)(3)'' and insert
``4101(a)(3)''.
____
Page 311, strike line 20 and insert the following:
PART E--INNOVATIVE EDUCATION PROGRAM STRATEGIES
Page 313, after line 19, insert the following:
SEC. 2403. DEFINITION.
For the purposes of this part the term ``effective schools
programs'' means school-based programs that may encompass
preschool through secondary school levels and that have the
objectives of (1) promoting school-level planning,
instructional improvement, and staff development, (2)
increasing the academic achievement levels of all children
and particularly educationally deprived children, and (3)
achieving as ongoing conditions in the school the following
factors identified through effective schools research as
distinguishing effective from ineffective schools:
(1) strong and effective administrative and instructional
leadership that creates consensus on instructional goals and
organizational capacity for instructional problem solving;
(2) emphasis on the acquisition of basic and higher order
skills;
(3) a safe and orderly school environment that allows
teachers and pupils to focus their energies on academic
achievement;
(4) a climate of expectation that virtually all children
can learn under appropriate conditions; and
(5) continuous assessment of students and programs to
evaluate the effects of instruction.
Page 318, line 11, after ``activities'' insert ``including
effective schools programs''.
Page 319, after line 5, insert the following (and
redesignate any subsequent paragraphs accordingly):
``(3) sets forth the allocation of such funds required to
implement section 2252.
Page 320, line 24, insert ``effective schools and'' after
``including''.
Page 321, line 19, insert ``(A)'' after ``(1)''.
Page 321, after line 25, insert the following:
``(B) sets forth the allocation of such funds required to
implement section 2252;
Page 322, after line 4, insert the following (and
redesignate any subsequent paragraphs accordingly):
``(3) provides assurances of compliance with the provisions
of this part, including the participation of children
enrolled in private, nonprofit schools in accordance with
section 2252;
Page 327, after line 14, insert the following:
``Subpart 5--General Administrative Provisions
``SEC. 2451. MAINTENANCE OF EFFORT; FEDERAL FUNDS
SUPPLEMENTARY.
``(a) Maintenance of Effort.--(1) Except as provided in
paragraph (2), a State is entitled to receive its full
allocation of funds under this part for any fiscal year if
the Secretary finds that either the combined fiscal effort
per student or the aggregate expenditures within the State
with respect to the provision of free public education for
the preceding fiscal year was not less than 90 percent of
such combined fiscal effort or aggregate expenditures for the
second preceding fiscal year.
``(2) The Secretary shall reduce the amount of the
allocation of funds under this part in any fiscal year in the
exact proportion to which the State fails to meet the
requirements of paragraph (1) by falling below 90 percent of
both the fiscal effort per student and aggregate expenditures
(using the measure most favorable to the State), and no such
lesser amount shall be used for computing the effort required
under paragraph (1) for subsequent years.
``(3) The Secretary may waive, for 1 fiscal year only, the
requirements of this subsection if the Secretary determines
that
[[Page 190]]
such a waiver would be equitable due to exceptional or
uncontrollable circumstances such as a natural disaster or a
precipitous and unforeseen decline in the financial resources
of the State.
``(b) Federal Funds Supplementary.--A State or local
educational agency may use and allocate funds received under
this part only so as to supplement and, to the extent
practical, increase the level of funds that would, in the
absence of Federal funds made available under this part, be
made available from non-Federal sources, and in no case may
such funds be used so as to supplant funds from non-Federal
sources.
``SEC. 2252. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE
SCHOOLS.
``(a) Participation on Equitable Basis.--(1) To the extent
consistent with the number of children in the school district
of a local educational agency which is eligible to receive
funds under this part or which serves the area in which a
program or project assisted under this part is located who
are enrolled in private nonprofit elementary and secondary
schools, or with respect to instructional or personnel
training programs funded by the State educational agency from
funds reserved for State use, such agency, after consultation
with appropriate private school officials, shall provide for
the benefit of such children in such schools secular,
neutral, and nonideological services, materials, and
equipment, including the participation of the teachers of
such children (and other educational personnel serving such
children) in training programs, and the repair, minor
remodeling, or construction of public facilities as may be
necessary for their provision (consistent with subsection (c)
of this section), or, if such services, materials, and
equipment are not feasible or necessary in one or more such
private schools as determined by the local educational agency
after consultation with the appropriate private school
officials, shall provide such other arrangements as will
assure equitable participation of such children in the
purposes and benefits of this part.
``(2) If no program or project is carried out under
subsection (a)(1) of this section in the school district of a
local educational agency, the State educational agency shall
make arrangements, such as through contracts with nonprofit
agencies or organizations, under which children in private
schools in that district are provided with services and
materials to the extent that would have occurred if the local
educational agency had received funds under this part.
``(3) The requirements of this section relating to the
participation of children, teachers, and other personnel
serving such children shall apply to programs and projects
carried out under this part by a State or local educational
agency, whether directly or through grants to or contracts
with other public or private agencies, institutions, or
organizations.
``(b) Equal Expenditures.--Expenditures for programs
pursuant to subsection (a) shall be equal (consistent with
the number of children to be served) to expenditures for
programs under this part for children enrolled in the public
schools of the local educational agency, taking into account
the needs of the individual children and other factors which
relate to such expenditures, and when funds available to a
local educational agency under this part are used to
concentrate programs or projects on a particular group,
attendance area, or grade or age level, children enrolled in
private schools who are included within the group, attendance
area, or grade or age level selected for such concentration
shall, after consultation with the appropriate private school
officials, be assured equitable participation in the purposes
and benefits of such programs or projects.
``(c) Funds.--(1) The control of funds provided under this
part, and title to materials, equipment, and property
repaired, remodeled, or constructed therewith, shall be in a
public agency for the uses and purposes provided in this
part, and a public agency shall administer such funds and
property.
``(2) The provision of services pursuant to this section
shall be provided by employees of a public agency or through
contract by such public agency with a person, an association,
agency, or corporation who or which, in the provision of such
services, is independent of such private school and of any
religious organizations, and such employment or contract
shall be under the control and supervision of such public
agency, and the funds provided under this part shall not be
commingled with State or local funds.
``(d) State Prohibition Waiver.--If by reason of any
provision of law a State or local educational agency is
prohibited from providing for the participation in programs
of children enrolled in private elementary and secondary
schools, as required by this section, the Secretary shall
waive such requirements and shall arrange for the provision
of services to such children through arrangements which shall
be subject to the requirements of this section.
``(e) Waiver and Provision of Services.--(1) If the
Secretary determines that a State or a local educational
agency has substantially failed or is unwilling to provide
for the participation on an equitable basis of children
enrolled in private elementary and secondary schools as
required by this section, the Secretary may waive such
requirements and shall arrange for the provision of services
to such children through arrangements which shall be subject
to the requirements of this section.
``(2) Pending final resolution of any investigation or
complaint that could result in a determination under this
subsection or subsection (d), the Secretary may withhold from
the allocation of the affected State or local educational
agency the amount estimated by the Secretary to be necessary
to pay the cost of those services.
``(f) Determination.--Any determination by the Secretary
under this section shall continue in effect until the
Secretary determines that there will no longer be any failure
or inability on the part of the State or local educational
agency to meet the requirements of subsections (a) and (b).
``(g) Payment From State Allotment.--When the Secretary
arranges for services pursuant to this section, the Secretary
shall, after consultation with the appropriate public and
private school officials, pay the cost of such services,
including the administrative costs of arranging for those
services, from the appropriate allotment of the State under
this part.
``(h) Review.--(1) The Secretary shall not take any final
action under this section until the State educational agency
and the local educational agency affected by such action have
had an opportunity, for at least 45 days after receiving
written notice thereof, to submit written objections and to
appear before the Secretary or the Secretary's designee to
show cause why that action should not be taken.
``(2) If a State or local educational agency is
dissatisfied with the Secretary's final action after a
proceeding under paragraph (1) of this subsection, it may,
within 60 days after notice of such action, file with the
United States court of appeals for the circuit in which such
State is located a petition for review of that action. A copy
of the petition shall be forthwith transmitted by the clerk
of the court to the Secretary. The Secretary thereupon shall
file in the court the record of the proceedings on which the
Secretary
based this action, as provided in section 2112 of title 28,
United States Code.
``(3) The findings of fact by the Secretary, if supported
by substantial evidence, shall be conclusive; but the court,
for good cause shown, may remand the case to the Secretary to
take further evidence and the Secretary may thereupon make
new or modified findings of fact and may modify the
Secretary's previous action, and shall file in the court the
record of the further proceedings. Such new or modified
findings of fact shall likewise be conclusive if supported by
substantial evidence.
``(4) Upon the filing of such petition, the court shall
have jurisdiction to affirm the action of the Secretary or to
set it aside, in whole or in part. The judgment of the court
shall be subject to review by the Supreme Court of the United
States upon certiorari or certification as provided in
section 1254 of title 28, United States Code.
``(i) Prior Determination.--Any bypass determination by the
Secretary under chapter 2 of the Education Consolidation and
Improvement Act of 1981 shall, to the extent consistent with
the purposes of this chapter, apply to programs under this
chapter.
``SEC. 2253. EVALUATIONS AND REPORTING.
``(a) Local Educational Agencies.--A local educational
agency which receives financial assistance under this part
shall report annually to the State educational agency on the
use of funds under section 2431. Such reporting shall be
carried out in a manner which minimizes the amount of
paperwork required while providing the State educational
agency with the necessary information under the preceding
sentence. Such report shall be made available to the public.
``(b) State Educational Agencies.--A State educational
agency which receives financial assistance under this part
shall evaluate the effectiveness of State and local programs
under this part in accordance with section 2423(a)(2)(B).
That evaluation shall be submitted for review and comment by
the State advisory committee and shall be made available to
the public. The State educational agency shall submit to the
Secretary a copy of the evaluation and a summary of the
reports under subsection (a).
``(c) Reports.--(1) The Secretary, in consultation with
State and local educational agency representatives, shall
develop a model system which State educational agencies may
use for data collection and reporting under this part.
``(2)(A) The Secretary shall submit annually a report to
the Congress for the use of funds, the types of services
furnished, and the students served under this part.
``(B) The Secretary shall not later than October 1, 1998,
submit a report to the Congress summarizing evaluations under
subsection (b) in order to provide a national overview of the
uses of funds and effectiveness of programs under this part.
``SEC. 2254. FEDERAL ADMINISTRATION.
``(a) Technical Assistance.--The Secretary, upon request,
shall provide technical assistance to State and local
educational agencies under this part.
``(b) Rulemaking.--The Secretary shall issue regulations
under this part only to the extent that such regulations are
necessary to ensure that there is compliance with the
specific requirements and assurances required by this part.
``(c) Availability of Appropriations.--Notwithstanding any
other provision of law, unless expressly in limitation of
this subsection, funds appropriated in any fiscal year to
carry out activities under this part shall become available
for obligation on July 1 of such fiscal year and shall remain
available for obligation until the end of the subsequent
fiscal year.
[[Page 191]]
``SEC. 2255. APPLICATION OF GENERAL EDUCATION PROVISIONS ACT.
``(a) General Rule.--Except as otherwise specifically
provided by this section, the General Education Provisions
Act shall apply to the programs authorized by this part.
``(b) Applicability.--The following provisions of the
General Education Provisions Act shall be superseded by the
specified provisions of this part with respect to the
programs authorized by this part:
``(1) Section 410(a)(1) of the General Education Provisions
Act is superseded by section 2254(b) of this part.
``(2) Section 433(a) of such Act is superseded by section
2254(a) of this part.
``(3) Section 436 of such Act is superseded by sections
2223 and 2233 of this part.
``(c) Special Rule.--Sections 440, 441, and 442 of the
General Education Provisions Act, except to the extent that
such sections relate to fiscal control and fund accounting
procedures, may not apply to the programs authorized by this
part and shall not be construed to authorize the Secretary to
require any reports or take any actions not specifically
authorized by this part.''.
Page 82, line 16--insert ``basic'' following instructional.
Page 82, Section 1122(c)(2) is amended by inserting after
subparagraph (A) the following new subparagraph and
redesignating the succeeding subparagraphs and paragraph (2)
accordingly:
``(B) for the purpose of subparagraph (A), in the
determination of expenditures per pupil from state and local
funds or instructional salaries per pupil from state and
local funds, staff salary differentials for years of
employment shall not be included.''
On page 855, after line 17, insert the following new
paragraph:
``(9) A state and local educational agency shall coordinate
with state and local housing agencies responsible for
developing the comprehensive housing affordability strategy.
Consideration shall be given to state and local housing and
shelter policies described in the Comprehensive Housing
Affordability Strategy to minimize educational disruption for
children who become homeless.''
Page 852, line 24, delete ``, to the extent possible,''.
Page 852, line 25, after ``selection'' add ``unless there
is a compelling reason for not complying with this
request.''.
Page 37, after line 19 insert the following new paragraph:
``(9) how the state will coordinate activities funded under
this part with school-to-work and vocational education
programs, as appropriate.''
Page 56, line 4, after ``development,'' insert
``occupational information,''.
Page 681, line 25, strike ``$40,000,000'' and insert in
lieu thereof ``$50,000,000''.
Page 682, line 9, strike ``shall'' and insert in lieu
thereof ``may''.
Page 683, line 6, strike ``section'' and insert in lieu
thereof ``sections''.
Page 683, line 7, after ``7601'' insert ``and 7607''
Page 683, line 14, insert a new paragraph (3) and
redesignate accordingly:
``(3) provide an assurance that local educational agencies
receiving funds under this part will coordinate the use of
such funds with programs funded under other Parts of this
title or title I of the Improving America's Schools Act of
1993;''
Page 685, line 17, insert:
``(b) Application Review.--The Secretary shall review all
applications submitted pursuant to this section by State
educational agencies.
``(1) The Secretary shall approve any application submitted
by a State educational agency that meets the requirements of
this section.
``(2) The Secretary shall disapprove any application
submitted by a State educational agency which does not meet
the requirements of this section, but shall not finally
disapprove an application except after reasonable notice,
provision of technical assistance, and an opportunity for a
hearing to the State.''
Page 687, line 21, strike ``TRIENNIAL'' and insert in lieu
thereof ``BIENNIAL''.
Page 687, line 23, strike ``3'' and insert in lieu thereof
``2''.
Page 688, line 4, strike ``3'' and insert in lieu thereof
``2''.
____
Proposed Amendments to WEEA
Page 459, Line 14, strike ``Special Assistant of the Office
of Women's Equity'' and insert in lieu thereof: ``Secretary''
Page 465, Line 6, strike ``no more than four''
Page 465, Line 11, strike ``four''
Page 465, Line 12, insert before ``The Secretary'' ``To the
extent feasible''
Page 466, strike lines 6 through 9.
Page 466, Line 10, before ``The Secretary'' insert ``To the
extent feasible,''
Page 469, beginning on line 16, strike ``the Secretary
shall establish no more than 4 priorities'' and on line 17,
strike ``of which''
Page 469, Line 21, before ``The Secretary'' insert ``To the
extent feasible,''
Page 829, Line 2 after ``technical assistance,'' insert
``and'' and on Line 3 strike ``and the administration of
grant programs.
Page 829, beginning on Line 5, after ``shall'' strike
``report directly to the Secretary; and perform such
additional functions as the Secretary shall prescribe'' and
insert in lieu thereof ``advise the Secretary and Deputy
Secretary on all matter relating to gender equity.''
Page and line numbers refer to the Committee print of H.R.
6.
Page 439, line 5, Strike, ``the use of tobacco''
Page 439, line 9 Insert the following paragraph and
(redesignate succeeding paragraphs accordingly):
``(B) education with respect to the use of tobacco by
elementary and secondary school students; and''
____
Title II, Part D
Page 297, line 4, strike ``and schools'' and insert
``schools, and other appropriate educational entities''
Page 297, line 11, strike ``comprehensive assistance
centers'' and insert ``technical assistance system''
Page 298, line 24, strike ``system of technical assistance
centers'' and insert ``comprehensive assistance centers and
the National Diffusion Network''
Page 299, line 3, strike ``(c)'' and insert ``(d)''
Page 299, line 6, strike ``2206(c)'' and insert ``2346(d)''
Page 301, line 12, after ``centers,'' insert ``state
literacy centers,''
Page 302, line 4, strike ``2303(a)'' and insert ``2343(a)''
Page 304, line 16, strike ``Maintanence of Service'' and
insert ``Service and Application Requirements''
Page 304, line 17, strike ``Effort'' and insert ``Service''
Page 307, line 16, strike ``Facilitator'' and insert
``Facilitators''
Page 307, line 20, strike ``and schools'' and insert
``schools, family and adult literacy programs, and other
appropriate educational entities''
Page 310, line 17, strike ``projects, local educational
agencies,'' and insert ``projects and to local educational
agencies''.
____
Page 689, strike line 20 and all that follows through line
4 on page 729 and insert the following:
``SEC. 8003. PAYMENTS RELATING TO FEDERAL ACQUISITION OF REAL
PROPERTY.
``(a) In General.--Where the Secretary, after consultation
with any local educational agency and with the appropriate
State educational agency, determines for a fiscal year ending
prior to October 1, 1999--
``(1) that the United States owns Federal property in the
local educational agency, and that such property--
``(A) has been acquired by the United States since 1938;
``(B) was not acquired by exchange for other Federal
property in the local educational agency which the United
States owned before 1939; and
``(C) had an assessed value (determined as of the time or
times when so acquired) aggregating 10 percent or more of the
assessed value of all real property in the local educational
agency (similarly determined as of the time or times when
such Federal property was so acquired); and
``(2) that such agency is not being substantially
compensated for the loss in revenue resulting from such
ownership by increases in revenue accruing to the agency from
the conduct of Federal activities with respect to such
Federal property,
then such agency shall be paid the amount described in
subsection (b).
``(b) Amount.--
``(1) In general.--(A) The amount that a local educational
agency shall be paid under subsection (a) for a fiscal year
shall be calculated in accordance with paragraph (2), except
that such amount shall be reduced by the Secretary by an
amount equal to the amount of revenue, if any, that such
agency received from activities conducted on such property
during the previous fiscal year.
``(B) If funds appropriated under section 8013(a) are
insufficient to pay the amount determined under subparagraph
(A), the Secretary shall ratably reduce the payment to each
eligible local educational agency.
``(C) Notwithstanding any other provision of this
subsection, a local educational agency may not be paid an
amount under this section which exceeds the difference of--
``(i) the maximum amount that such agency is eligible to
receive for such fiscal year under section 8004(b)(1)(C); and
``(ii) the amount that such agency receives in such fiscal
year under section 8004(b)(2).
``(2) Application of current levied real property tax
rate.--In calculating the amount that a local educational
agency shall be paid for a fiscal year, the Secretary shall
apply the current levied real property tax rate for current
expenditures levied by fiscally independent local educational
agencies or imputed, for fiscally dependent local educational
agencies, to the current annually determined aggregate
assessed value of such acquired Federal property.
``(3) Determination of aggregate assessed value.--Such
aggregate assessed value of such acquired Federal property
shall be determined (on the basis of the highest and best use
of property adjacent to such acquired Federal property as of
the time such value is determined), and provided to the
Secretary, by the local official responsible for assessing
the value of real property located in the jurisdiction of
such local educational agency for the purpose of levying a
property tax.
``(c) Applicability to Tennessee Valley Authority Act.--For
the purposes of this section, any real property with respect
to which payments are being made under section 13 of the
Tennessee Valley Authority Act of 1933 shall not be regarded
as Federal property.
``(d) Ownership by United States.--The United States shall
be deemed to own Federal property for the purposes of this
Act, where--
[[Page 192]]
``(1) prior to the transfer of Federal property, the United
States owned Federal property meeting the requirements of
subparagraphs (A), (B), and (C) of subsection (a)(1); and
``(2) the United States transfers a portion of the property
referred to in paragraph (1) to another nontaxable entity,
and the United States--
``(A) restricts some or any construction on such property;
``(B) requires that the property be used in perpetuity for
the public purposes for which it was conveyed;
``(C) requires the grantee of the property to report to the
Federal government (or its agent) containing information on
the use of the property;
``(D) except with the approval of the Federal government
(or its agent), prohibits the sale, lease, assignment, or
other disposal of the property unless such sale, lease,
assignment, or other disposal is to another eligible
government agency; and
``(E) reserves to the Federal government a right of
reversion at any time the Federal government (or its agent)
deems it necessary for the national defense.
``SEC. 8004. PAYMENTS FOR ELIGIBLE FEDERALLY-CONNECTED
CHILDREN.
``(a) Computation of Payment.--
``(1) In general.--For the purpose of computing the amount
that a local educational agency is eligible to receive under
subsection (b), (d), or (f) for any fiscal year, the
Secretary shall determine the number of children who were in
average daily attendance in the schools of such agency, and
for whom such agency provided free public education, during
the preceding school year and who, while in attendance at
such schools--
``(A) resided on Federal property with a parent employed on
Federal property situated in whole or in part within the
boundaries of the school district of such agency;
``(B) resided on Federal property and had a parent on
active duty in the uniformed services (as defined in section
101 of title 37, United States Code);
``(C) resided on Indian lands;
``(D) had a parent on active duty in the uniformed services
(as defined by section 101 of title 37, United States Code)
but did not reside on Federal property; or
``(E) resided in low-rent housing.
``(2) Determination of weighted student units.--For
purposes of computing the basic support payment under
subsection (b), the Secretary shall calculate the total
number of weighted student units for a local educational
agency by adding together the results obtained by the
following computations:
``(A) Multiply the number of children described in
subparagraphs (A) and (B) of paragraph (1) by a factor of
1.0.
``(B) Multiply the number of children described in
paragraph (1)(C) by a factor of 1.25.
``(C) Multiply the number of children described in
subparagraphs (A) and (B) of paragraph (1) by a factor of .35
if the local educational agency has--
``(i) a number of such children described in such
subparagraphs which exceeds 6,500; and
``(ii) an average daily attendance for all children which
exceeds 100,000.
``(D) Multiply the number of children described in
subparagraphs (D) and (E) of paragraph (1) by a factor of
.20.
``(b) Basic Support Payments and Payments With Respect to
Fiscal Years in Which Insufficient Funds Are Appropriated.--
``(1) Basic support payments.--
``(A) In general.--From the amount appropriated under
section 8013(b) for a fiscal year, the Secretary is
authorized to make basic support payments to eligible local
educational agencies with children described under subsection
(a).
``(B) Eligibility.--A local educational agency shall be
entitled to receive a basic support payment under
subparagraph (A) for a fiscal year with respect to a number
of children determined under subsection (a) only if the
number of children so determined with respect to such agency
amounts to the lesser of--
``(i) at least 400 such children, or
``(ii) a number of such children which equals at least 3
percent of the total number of children who were in average
daily attendance, during such year, at the schools of such
agency and for whom such agency provided free public
education.
``(C) Maximum amount.--The maximum amount that a local
educational agency is eligible to receive under this
subsection for any fiscal year is the sum of the total
weighted student units, as computed under subsection (a)(2),
multiplied by--
``(i) the greater of--
``(I) one-half of the average per pupil expenditure of the
State in which the local educational agency is located for
the 3rd preceding fiscal year, or
``(II) one-half of the average per pupil expenditures of
all of the States for the 3rd preceding fiscal year;
``(ii) the comparable local contribution rate certified by
the State, as determined under regulations prescribed to
carry out the Act of September 30, 1950 (Public Law 874, 81st
Congress), as in effect on January 1, 1994; or
``(iii) the average per pupil expenditure of the State in
which the local educational agency is located, multiplied by
the local contribution percentage.
``(2) Payments with respect to fiscal years in which
insufficient funds are appropriated.--
``(A) In general.--For any fiscal year in which the sums
appropriated under section 8013(b) are insufficient to pay to
each local educational agency the full amount computed under
paragraph (1), the Secretary shall make payments based upon
the provisions of this paragraph.
``(B) Learning opportunity threshold payments.--(i) For
fiscal years described in subparagraph (A), the Secretary
shall compute a learning opportunity threshold payment
(hereinafter `threshold payment') by multiplying the amount
obtained under paragraph (1)(C) by the total percentage
obtained by adding--
``(I) the percentage of federally connected children for
each local educational agency determined by calculating the
fraction, the numerator of which is the total number of
children described under subsection (a)(1) and the
denominator of which is the total number of children in
average daily attendance at the schools served by such
agency; and
``(II) the percentage that funds under this paragraph
represent of the total budget of the local educational
agency, determined by calculating the fraction, the numerator
of which is the total amount of funds calculated for each
educational agency under this paragraph (not including
amounts received under subsection (f)), and the denominator
of which is the total current expenditures for such agency.
``(ii) Such total percentage used to calculate threshold
payments under paragraph (1) shall not exceed 100.
``(C) Ratable distribution.--For fiscal years described in
subparagraph (A), the Secretary shall make payments as a
ratable distribution based upon the computation made under
subparagraph (B).
``(c) Prior Year Data.--All calculations under this section
shall be based upon data for each local educational agency
from the fiscal year preceding the fiscal year for which the
agency is making application for payment.
``(d) Use of Funds for Children With Disabilities.--
``(1) In general.--From the amount appropriated under
section 8013(c) for a fiscal year, the Secretary shall pay to
each eligible local educational agency, on a pro rata basis,
the amounts determined by--
``(A) multiplying the number of children described in
subparagraphs (B) and (C) of subsection (a)(1) who are
eligible to receive services under the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.) by a
factor of 1.0; and
``(B) multiplying the number of children described in
subparagraph (D) of subsection (a)(1) who are eligible to
receive services under such Act by a factor of .5.
``(2) Use of funds.--A local educational agency that
receives funds under paragraph (1) shall use such funds to
provide a free appropriate public education to children
described in paragraph (1) in accordance with the Individuals
with Disabilities Education Act.
``(e) Hold-Harmless Amounts.--
``(1) In general.--Notwithstanding any other provision of
this section, the total amount that the Secretary shall pay
to a local educational agency under subsections (b) and (f)--
``(A) for fiscal year 1995, shall not be less than 80
percent of the payment such agency received for fiscal year
1994 under section 3(a) of the Act of September 30 , 1950
(Public Law 81-874, 81st Congress), as in effect for fiscal
year 1994;
``(B) for fiscal year 1996, shall not be less than 60
percent of such payment received for fiscal year 1994; and
``(C) for fiscal year 1997, shall not be less than 40
percent of such payment received for fiscal year 1994.
``(2) Reduction in payments.--In order to make payments to
local educational agencies in accordance with paragraph (1),
the Secretary shall reduce payments to other local
educational agencies determined under subsection (b).
``(f) Additional Assistance for Heavily Impacted Local
Educational Agencies.--
``(1) In general.--From amounts appropriated under section
8013(d) for a fiscal year, the Secretary shall provide
additional assistance to meet special circumstances relating
to the provision of education in local educational agencies
eligible to receive assistance under this section.
``(2) Eligibility.--A local educational agency shall be
eligible to receive additional assistance under this
subsection only if such agency--
``(A)(i) has an enrollment of federally connected children
described in subsection (a)(1) which constitutes at least 40
percent of the total student enrollment of such agency; and
``(ii) has a tax rate for general fund purposes which is at
least 95 percent of the average tax rate for general fund
purposes of comparable local educational agencies in the
State;
``(B)(i) has an enrollment of federally connected children
described in subsection (a)(1) which constitutes at least 35
percent of the total student enrollment of such agency; and
``(ii) has a tax rate for general fund purposes which is at
least 125 percent of the average tax rate for general fund
purposes of comparable local educational agencies in the
State; or
``(C) is a local education agency whose boundaries are the
same as a Federal military installation or includes Federal
property under exclusive Federal jurisdiction.
``(3) Maximum payments.--
``(A) In general.--Subject to subparagraph (B), the
Secretary shall determine the maxi-
[[Page 193]]
mum amount that a local educational agency may receive under
this subsection in accordance with the following
computations:
``(i) The Secretary shall first determine the greater of--
``(I) the average per pupil expenditure of the State in
which the local educational agency is located or the average
per pupil expenditure of all the States;
``(II) the average per pupil expenditure of generally
comparable school districts located in the State of the local
educational agency, as defined by the Secretary in
regulations; or
``(III) the average per pupil expenditure of three
generally comparable school districts located in the State of
the local educational agency, as defined by the Secretary in
regulations.
``(ii) The Secretary shall next subtract from the amount
determined under clause (i) the average amount of State aid
per pupil received by the local educational agency.
``(iii) The Secretary shall next multiply the amount
determined under clause (ii) by the sum of the total weighted
units of the local educational agency, as computed under
subsection (a)(2).
``(iv) If the tax rate of the local educational agency is
greater than 94 percent, but less than 100 percent, of the
tax rate of comparable school districts, the Secretary shall
next multiply the amount determined under clause (iii) by the
percentage that the tax rate of the local educational agency
is of--
``(I) the average tax rate of its generally comparable
school districts; or
``(II) the average tax rate of all the school districts in
the State in which the local educational agency is located.
``(v) The Secretary shall next subtract the total amount of
payments received by a local educational agency under
subsections (b) and (d) for a fiscal year from the amount
determined under clause (iii) or clause (iv), as the case may
be.
``(B) Special rule.--With respect to payments to local
educational agencies described in subparagraphs (B) and (C)
of paragraph (2), the maximum amount of such payments shall
be equal to the product of the average per pupil expenditure
of all the States multiplied by .7, except that such amount
may not exceed 125 percent of the average per pupil
expenditure of all local educational agencies in the State.
``(4) Current year data.--The Secretary shall, for purposes
of providing assistance under this subsection, use--
``(A) data from the fiscal year in which the local
educational agency is applying for assistance under this
subsection; or
``(B) the most recent data available which is adjusted to
such fiscal year.
``(5) Reduction in payments.--If funds appropriated to
carry out this subsection are insufficient to pay in full the
amounts determined under paragraph (3), the Secretary shall
ratably reduce the payment to each eligible local educational
agency.
``SEC. 8005. POLICIES AND PROCEDURES RELATING TO CHILDREN
RESIDING ON INDIAN LANDS.
``(a) In General.--A local educational agency that claims
children residing on Indian lands for the purpose of
receiving funds under section 8004 shall establish policies
and procedures to ensure that--
``(1) such children participate in programs and activities
supported by such funds on an equal basis with all other
children;
``(2) parents of such children and Indian tribes are
afforded an opportunity to present their views on such
programs and activities, including an opportunity to make
recommendations on the needs of those children and how they
may help those children realize the benefits of those
programs and activities;
``(3) parents and Indian tribes are consulted and involved
in planning and developing such programs and activities;
``(4) relevant applications, evaluations, and program plans
are disseminated to the parents and Indian tribes; and
``(5) parents and Indian tribes are afforded an opportunity
to present their views on the agency's general educational
program to such agency.
``(b) Records.--A local educational agency that claims
children residing on Indian lands for the purpose of
receiving funds under section 8004 shall maintain records
demonstrating its compliance with requirements contained in
subsection (a).
``(c) Waiver.--A local educational agency that claims
children residing on Indian lands for the purpose of
receiving funds under section 8004 is excused from the
requirements contained in subsections (a) and (b) for any
year with respect to any Indian tribe from which it has
received a written statement that the agency need not comply
with those subsections because the tribe is satisfied with
the provision of educational services by such agency to such
children.
``(d) Technical Assistance and Enforcement.--The Secretary
shall--
``(1) provide technical assistance to local educational
agencies, parents, and Indian tribes to enable them to carry
out this section; and
``(2) enforce this section through such actions, which may
include the withholding of funds, as the Secretary determines
to be appropriate, after affording the affected local
educational agency, parents, and Indian tribe an opportunity
to present their views.
``SEC. 8006. APPLICATION FOR PAYMENTS UNDER SECTIONS 8003 AND
8004.
``(a) In General.--A local educational agency desiring to
receive a payment under section 8003 or 8004 shall--
``(1) submit an application for such payment to the
Secretary; and
``(2) provide a copy of such application to the State
educational agency.
``(b) Contents.--Each such application shall be submitted
in such form and manner, and shall contain such information,
as the Secretary may require, including--
``(1) information to determine the eligibility of the local
educational agency for a payment and the amount of such
payment; and
``(2) where applicable, an assurance that such agency is in
compliance with section 8005 (relating to children residing
on Indian lands).
``(c) Deadline for Submission.--The Secretary shall
establish deadlines for the submission of applications under
this section.
``(d) Approval.--
``(1) In general.--The Secretary shall approve an
application submitted under this section that--
``(A) is filed by the deadline established under subsection
(c); and
``(B) otherwise meets the requirements of this title.
``(2) Reduction in payment.--The Secretary shall approve an
application filed up to 60 days after a deadline established
under subsection (c) that otherwise meets the requirements of
this title, except that, notwithstanding section 8004(e), the
Secretary shall reduce the payment based on such late
application by 10 percent of the amount that would otherwise
be paid.
``(3) Late applications.--The Secretary shall not accept or
approve any application that is filed more than 60 days after
a deadline established under subsection (c).
``SEC. 8007. PAYMENTS FOR SUDDEN AND SUBSTANTIAL INCREASES IN
ATTENDANCE OF MILITARY DEPENDENTS.
``(a) Eligibility.--A local educational agency is eligible
for a payment under this section if--
``(1) the number of children in average daily attendance
during the current school year is at least ten percent or 100
more than the number of children in average daily attendance
in the preceding school year; and
``(2) the number of children in average daily attendance
with a parent on active duty (as defined in section 101(18)
of title 37, United States Code) in the Armed Forces who are
in attendance at such agency because of the assignment of
their parent to a new duty station between July 1 and
September 30, inclusive, of the current year, as certified by
an appropriate local official of the Department of Defense,
is at least ten percent or 100 more than the number of
children in average daily attendance in the preceding school
year.
``(b) Application.--A local educational agency that wishes
to receive a payment under this section shall file an
application with the Secretary by October 15 of the current
school year, in such manner and containing such information
as the Secretary may prescribe, including information
demonstrating that it is eligible for such a payment.
``(c) Children To Be Counted.--For each eligible local
educational agency that applies for a payment under this
section, the Secretary shall determine the lesser of--
``(1) the increase in the number of children in average
daily attendance from the preceding year; and
``(2) the number of children described in subsection
(a)(2).
``(d) Payments.--From the amount appropriated for a fiscal
year under section 8013(c), the Secretary shall pay each
local educational agency with an approved application an
amount, not to exceed $200 per eligible child, equal to--
``(1) the amount available to carry out this section,
including any funds carried over from prior years, divided by
the number of children determined under subsection (c) for
all such local educational agencies; multiplied by
``(2) the number of such children determined for that local
educational agency.
``(e) Notification Process.--
``(1) Establishment.--The Secretary shall endeavor to
establish, with the Secretary of Defense, a notification
process relating to the closure of Department of Defense
facilities, or the adjustment of personnel levels assigned to
such facilities, which may substantially affect the student
enrollment levels of local educational agencies which receive
or may receive payments under this title.
``(2) Information.--Such process shall provide timely
information regarding such closures and such adjustments--
``(A) by the Secretary of Defense to the Secretary; and
``(B) by the Secretary to the affected local educational
agencies.
``SEC. 8008. FACILITIES.
``(a) Current Facilities.--From the amount appropriated for
any fiscal year under section 8013(e), the Secretary may
continue to provide assistance for school facilities that
were supported by the Secretary under section 10 of the Act
of September 23, 1950 (Public Law 815, 81st Congress; 20
U.S.C. 640) as in effect prior to the date of the enactment
of the Improving America's Schools Act of 1994.
``(b) Transfer of Facilities.--
``(1) In general.--The Secretary shall, as soon as
practicable, transfer to the appropriate local educational
agency or another
[[Page 194]]
appropriate entity all the right, title, and interest of the
United States in and to each facility provided under section
10 of the Act of September 23, 1950 (Public Law 815, 81st
Congress; 20 U.S.C. 640), or under section 204 or 310 of the
Act of September 30, 1950 (Public Law 874, 81st Congress), as
in effect on January 1, 1958.
``(2) Other requirements.--Any such transfer shall be
without charge to such agency or entity, and prior to such
transfer, the transfer must be consented to by the local
education agency or other appropriate entity, and may be made
on such terms and conditions as the Secretary deems
appropriate to carry out the purposes of this Act.
``SEC. 8009. STATE CONSIDERATION OF PAYMENTS IN PROVIDING
STATE AID.
``(a) General Prohibition.--Except as provided in
subsection (b), a State may not--
``(1) consider payments under this title or under the Act
of September 30, 1950 (Public Law 874, 81st Congress) in
determining for any fiscal year--
``(A) the eligibility of a local educational agency for
State aid for free public education; or
``(B) the amount of such aid; or
``(2) make such aid available to local educational agencies
in a manner that results in less State aid to any local
educational agency that is eligible for such payment than it
would receive if it were not so eligible.
``(b) State Equalization Plans.--
``(1) In general.--A State may reduce State aid to a local
educational agency that receives a payment under sections
8003 and 8004(b) (except the amount calculated in excess of
1.0 under subparagraph (B) of subsection (a)(2)) or under the
Act of September 30, 1950 (Public Law 874, 81st Congress) as
such Act existed prior to the enactment of the Improving
America's Schools Act of 1994 (other than an increase in
payments described in paragraphs (2)(B), (2)(C), (2)(D), or
(3)(B)(ii) of section 3(d) of such Act of September 30, 1950)
for any fiscal year if the Secretary determines, and
certifies under subsection (c)(3)(A), that such State has in
effect a program of State aid that equalizes expenditures for
free public education among local educational agencies in
such State.
``(2) Computation.--
``(A) In general.--For purposes of paragraph (1), a program
of State aid equalizes expenditures among local educational
agencies if, in the second preceding fiscal year, the amount
of per-pupil expenditures made by, or per-pupil revenues
available to, the local educational agency in the State with
the highest such per-pupil expenditures or revenues did not
exceed the amount of such per-pupil expenditures made by, or
per-pupil revenues available to, the local educational agency
in the State with the lowest such expenditures or revenues by
more than 10 percent.
``(B) Other factors.--In making a determination under this
subsection, the Secretary shall--
``(i) disregard local educational agencies with per-pupil
expenditures or revenues above the 95th percentile or below
the 5th percentile of such expenditures or revenues in the
State; and
``(ii) take into account the extent to which a program of
State aid reflects the additional cost of providing free
public education in particular types of local educational
agencies, such as those that are geographically isolated, or
to particular types of students, such as children with
disabilities.
``(3) Exception.--Notwithstanding paragraph (2), if the
Secretary determines that the State has substantially revised
its program of State aid, the Secretary may certify such
program for any fiscal year only if--
``(A) the Secretary determines, on the basis of projected
data, that the State's program will meet the 10 percent
disparity standard described in paragraph (2) in that fiscal
year; and
``(B) the State provides an assurance to the Secretary
that, if final data do not demonstrate that the State's
program met such standard for that year (or that it met such
standard with a greater percentage of disparity than
anticipated), the State will pay to each affected local
educational agency the amount by which it reduced State aid
to the local educational agency on the basis of such
certification, or a proportionate share thereof, as the case
may be.
``(c) Procedures for Review of State Equalization Plans.--
``(1) Written notice.--
``(A) In general.--Any State that wishes to consider
payments described in subsection (b)(1) in providing State
aid to local educational agencies shall submit to the
Secretary, not later than 120 days before the beginning of
the State's fiscal year, a written notice of its intention to
do so.
``(B) Contents.--Such notice shall be in the form and
contain the information the Secretary requires, including
evidence that the State has notified each local educational
agency in the State of its intention to consider such
payments in providing State aid.
``(2) Opportunity to present views.--Before making a
determination under subsection (b), the Secretary shall
afford the State, and local educational agencies in the
State, an opportunity to present their views.
``(3) Qualification procedures.--If the Secretary
determines that a program of State aid qualifies under
subsection (b), the Secretary shall--
``(A) certify the program and so notify the State; and
``(B) afford an opportunity for a hearing, in accordance
with section 8011(a), to any local educational agency
adversely affected by such certification.
``(4) Non-qualification procedures.--If the Secretary
determines that a program of State aid does not qualify under
subsection (b), the Secretary shall--
``(A) so notify the State; and
``(B) afford an opportunity for a hearing, in accordance
with section 8011(a), to the State, and to any local
educational agency adversely affected by such determination.
``(d) Reductions of State Aid.--
``(1) In general.--A State whose program of State aid has
been certified by the Secretary under subsection (c)(3) may
reduce the amount of such aid provided to a local educational
agency that receives a payment under section 8003 and section
8004(b) by any amount up to--
``(A) the amount of such payment (excluding amounts
provided under subsections (d) and (f) of section 8004 and
the amount calculated in excess of 1.0 under section
8004(a)(2)); multiplied by
``(B) 100 percent minus the percentage of disparity
determined under subsection (b).
``(2) Prohibition.--A State may not make a reduction
described in paragraph (1) before its program of State aid
has been certified by the Secretary under subsection (c)(3).
``(e) Remedies for State Violations.--
``(1) In general.--The Secretary or any aggrieved local
educational agency may, without exhausting administrative
remedies, bring an action in a United States district court
against any State that violates subsection (a) or subsection
(d)(2) or fails to carry out an assurance provided under
subsection (b)(3)(B).
``(2) Immunity.--A State shall not be immune under the
eleventh amendment to the Constitution of the United States
from an action described in paragraph (1).
``(3) Relief.--The court shall grant such relief as it
determines is appropriate, which may include attorney's fees
to a prevailing local educational agency.
``SEC. 8010. FEDERAL ADMINISTRATION.
``(a) Payments in Whole Dollar Amounts--The Secretary shall
round any payments under this title to the nearest whole
dollar amount.
``(b) Other Agencies.--Each Federal agency administering
Federal property on which children reside, and each agency
principally responsible for an activity that may occasion
assistance under this title, shall, to the maximum extent
practicable, comply with requests of the Secretary for
information the Secretary may require to carry out this
title.
``SEC. 8011. ADMINISTRATIVE HEARINGS AND JUDICIAL REVIEW.
``(a) Administrative Hearings.--A local educational agency
and a State that is adversely affected by any action of the
Secretary under this title shall be entitled to a hearing on
such action in the same manner as if such agency were a
person under chapter 5 of title 5, United States Code.
``(b) Judicial Review of Secretarial Action.--
``(1) In general.--A local educational agency or a State
aggrieved by the Secretary's final decision following an
agency proceeding under subsection (a) may, within 60 days
after receiving notice of such decision, file with the United
States court of appeals for the circuit in which such agency
or State is located a petition for review of that action. The
clerk of the court shall promptly transmit a copy of the
petition to the Secretary. The Secretary shall then file in
the court the record of the proceedings on which the
Secretary's action was based, as provided in section 2112 of
title 28, United States Code.
``(2) Findings of fact.--The findings of fact by the
Secretary, if supported by substantial evidence, shall be
conclusive, but the court, for good cause shown, may remand
the case to the Secretary to take further evidence. The
Secretary may thereupon make new or modified findings of fact
and may modify the Secretary's previous action, and shall
file in the court the record of the further proceedings. Such
new or modified findings of fact shall likewise be conclusive
if supported by substantial evidence.
``(3) Review.--The court shall have exclusive jurisdiction
to affirm the action of the Secretary or to set it aside, in
whole or in part. The judgment of the court shall be subject
to review by the Supreme Court of the United States upon
certiorari or certification as provided in section 1254 of
title 28, United States Code.
``SEC. 8012. DEFINITIONS.
``For purposes of this title, the following definitions
apply:
``(1) Armed forces.--The term `Armed Forces' means the
Army, Navy, Air Force, and Marine Corps.
``(2) Average per-pupil expenditure.--The term `average
per-pupil expenditure' means--
``(A) the aggregate current expenditures of all local
educational agencies in the State; divided by
``(B) the total number of children in average daily
attendance for whom such agencies provided free public
education.
``(3) Construction.--The term `construction' means--
``(A) the preparation of drawings and specifications for
school facilities;
``(B) erecting, building, acquiring, altering, remodeling,
repairing, or extending school facilities;
``(C) inspecting and supervising the construction of school
facilities; and
``(D) debt service for such activities.
``(4) Federal property.--
[[Page 195]]
``(A) In general.--Except as provided in subparagraphs (B)
through (F), the term `Federal property' means real property
that is not subject to taxation by any State or any political
subdivision of a State due to Federal agreement, law, or
policy, and that is--
``(i) owned by the United States or leased by the United
States from another entity;
``(ii)(I) held in trust by the United States for individual
Indians or Indian tribes;
``(II) held by individual Indians or Indian tribes subject
to restrictions on alienation imposed by the United States;
``(III) conveyed at any time under the Alaska Native Claims
Settlement Act (Public Law 92-203, 43 U.S.C. 1601 et seq.) to
a Native individual, Native group, or Village or Regional
corporation;
``(IV) public land owned by the United States that is
designated for the sole use and benefit of individual Indians
or Indian tribes; or
``(V) used for low-rent housing, as otherwise described in
this paragraph, that is located on land described in
subclause (I), (II), (III), or (IV) of this clause or on land
that met one of those descriptions immediately before its use
for such housing;
``(iii)(I) part of a low-rent housing project assisted
under the United States Housing Act of 1937; or
``(II) used to provide housing for homeless children at
closed military installations pursuant to section 501 of the
Stewart B. McKinney Homeless Assistance Act (42 U.S.C.
11411); or
``(iv) owned by a foreign government or by an international
organization.
``(B) Schools providing flight training to members of air
force.--The term `Federal property' includes, so long as not
subject to taxation by any State or any political subdivision
of a State, and whether or not that tax exemption is due to
Federal agreement, law, or policy, any school providing
flight training to members of the Air Force under contract
with the Air Force at an airport owned by a State or
political subdivision of a State.
``(C) Non-federal easements, leases, licenses, permits,
improvements, and certain other real property.--The term
`Federal property' includes, whether or not subject to
taxation by a State or a political subdivision of a State--
``(i) any non-Federal easement, lease, license, permit, or
other such interest in Federal property as otherwise
described in this paragraph, but not including any non-
Federal fee-simple interest;
``(ii) any improvement on Federal property as otherwise
described in this paragraph; and
``(iii) real property that, immediately before its sale or
transfer to a non-Federal party, was owned by the United
States and otherwise qualified as Federal property described
in this paragraph, but only for one year beyond the end of
the fiscal year of such sale or transfer.
``(D) Certain postal service property and pipelines and
utility lines.--Notwithstanding any other provision of this
paragraph, the term `Federal property' does not include--
``(i) any real property under the jurisdiction of the
United States Postal Service that is used primarily for the
provision of postal services; or
``(ii) pipelines and utility lines.
``(E) Property with respect to which state or local tax
revenues may not be expended, allocated, or available for
free public education.--Notwithstanding any other provision
of this paragraph, `Federal property' does not include any
property on which children reside that is otherwise described
in this paragraph if--
``(i) no tax revenues of the State or of any political
subdivision of the State may be expended for the free public
education of children who reside on that Federal property; or
``(ii) no tax revenues of the State are allocated or
available for the free public education of such children.
``(F) Certain property located in state of oklahoma owned
by indian housing authority for low-income housing.--The term
`Federal property' includes any real property located in the
State of Oklahoma that--
``(i) is owned by an Indian housing authority and used for
low-income housing (including housing assisted under the
mutual help ownership opportunity program under section 202
of the United States Housing Act of 1937); and
``(ii) at any time--
``(I) was designated by treaty as tribal land; or
``(II) satisfied the definition of Federal property under
section 403(1)(A) of the Act of September 30, 1950 (Public
Law 874, 81st Congress).
``(5) Free public education.--The term `free public
education' means education that is provided--
``(A) at public expense, under public supervision and
direction, and without tuition charge; and
``(B) as elementary or secondary education, as determined
under State law, except that, notwithstanding State law, such
term--
``(i) includes preschool education; and
``(ii) does not include any education provided beyond grade
12.
``(6) Indian lands.--The term `Indian lands' means any
Federal property described in paragraph (4)(A)(ii) or (4)(F).
``(7) Local contribution percentage.--
``(A) In general.--The term `local contribution percentage'
means the percentage of current expenditures in the State
derived from local and intermediate sources, as reported to
and verified by the National Center for Education Statistics.
``(B) Hawaii and district of columbia.--Notwithstanding
subparagraph (A), the local contribution percentage for
Hawaii and for the District of Columbia shall be the local
contribution percentage computed for the Nation as a whole.
``(8) Local educational agency.--
``(A) In general.--Except as provided in subparagraph (B),
the term `local educational agency'--
``(i) means a board of education or other legally
constituted local school authority having administrative
control and direction of free public education in a county,
township, independent school district, or other school
district; and
``(ii) includes any State agency that directly operates and
maintains facilities for providing free public education.
``(B) Exception.--The term `local educational agency' does
not include any agency or school authority that the Secretary
determines on a case-by-case basis--
``(i) was constituted or reconstituted primarily for the
purpose of receiving assistance under this title or the Act
of September 30, 1950 (Public Law 874, 81st Congress) or
increasing the amount of such assistance; or
``(ii) is not constituted or reconstituted for legitimate
educational purposes.
``(9) Low-rent housing.--The term `low-rent housing' means
housing located on property that is described paragraph
(4)(A)(iii).
``(10) Revenue derived from local sources.--The term
`revenue derived from local sources' means--
``(A) revenue produced within the boundaries of a local
educational agency and available to such agency for its use;
or
``(B) funds collected by another governmental unit, but
distributed back to a local educational agency in the same
proportion as it was collected as a local revenue source.
``(11) School facilities.--The term `school facilities'
includes--
``(A) classrooms and related facilities; and
``(B) equipment, machinery, and utilities necessary or
appropriate for school purposes.
``SEC. 8013. AUTHORIZATION OF APPROPRIATIONS.
``(a) Payments for Federal Acquisition of Real Property.--
For the purpose of making payments under section 8003, there
are authorized to be appropriated $16,750,000 for fiscal year
1995 and such sums as may be necessary for each of the fiscal
years 1996, 1997, 1998, and 1999.
``(b) Basic Payments.--For the purpose of making payments
under section 8004(a), there are authorized to be
appropriated $775,500,000 for fiscal year 1995 and such sums
as may be necessary for each of the fiscal years 1996, 1997,
1998, and 1999.
``(c) Payments for Children With Disabilities.--For the
purpose of making payments under section 8004(d), there are
authorized to be appropriated $45,000,000 for fiscal year
1995 and such sums as may be necessary for each of the fiscal
years 1996, 1997, 1998, and 1999.
``(d) Payments for Heavily Impacted Local Educational
Agencies.--
``(1) In general.--For the purpose of making payments under
section 8004(f), there are authorized to be appropriated
$42,000,000 for fiscal year 1995 and such sums as may be
necessary for each of the fiscal years 1996, 1997, 1998, and
1999.
``(2) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under paragraph (1) are
authorized to remain available until expended.
Page 864, after line 4, insert the following:
(a) Section 1.--Section 1 of the Act of September 23, 1950
(Public Law 815, 81st Congress; 20 U.S.C. 631) is amended--
(1) by striking the 2nd sentence of subsection (a); and
(2) by amending subsection (b) to read as follows:
``(b) There are authorized to be appropriated to carry out
this Act $12,500,000 for fiscal year 1995 and such sums as
may be necessary for each of the fiscal years 1996, 1997,
1998, and 1999.''.
Page 864, strike line 5 and all that follows through line 7
and insert the following:
(b) Section 2.--Section 2 of such Act is amended to read as
follows:
Page 864, line 19, strike ``(b)'' and insert ``(c)''.
Page 866, line 3, strike ``(c)'' and insert ``(d)''.
Page 869, line 10, strike ``(d)'' and insert ``(e)''.
Title V Technical Amendment
Page 901, strike lines 2 through 4 and insert the
following:
Any authority or requirement to make funds available under
this Act shall be effective only to the extent provided in
appropriations acts.
Beginning on page 28, strike line 12 and all that follows
through page 30, line 2, and insert in lieu thereof the
following:
``(iii) model opportunity to learn standards for schools
which receive assistance under this title that address--
(I) the alignment of curricula, instructional materials,
and other school resources with the content and performance
standards adopted by the State;
(II) the capability of teachers to provide high quality
instruction within each subject area for which the State has
adopted content and performance standards;
(III) such other factors that the State deems appropriate
to ensure that students
[[Page 196]]
served under this title receive a fair opportunity to achieve
the knowledge and skills described in content and performance
standards adopted by the State.''
Page 34, strike lines 7 through 11 (and redesignate any
subsequent paragraphs accordingly)
Page 36, line 18 after ``agencies'' insert ``and the public
of the standards and assessments developed under this
section, and''
Page 39, after line 12, insert the following new paragraph
(and redesignate accordingly):
``(g) Notwithstanding any other provision of this Act, the
implementation of model opportunity to learn standards shall
be voluntary on the part of the States, local educational
agencies, and schools.''
Page 39, after line 17, insert the following new paragraphs
(and redesignate accordingly):
``(i) Nothing in this section shall be construed to create
a legally enforceable right for any person against a State,
local educational agency, or school based on opportunity to
learn standards.
(j) Nothing in this section shall be construed to mandate
equalized spending per pupil for a State, local educational
agency, or school.
(k) Nothing in this section shall be construed to mandate
national school building standards for a State, local
educational agency, or school.''
Page 42, strike lines 19 through 22
Page 67, strike lines 7 through 9
Page 69, line 3, after ``standards'' insert ``including
reviewing the school's plan in the context of the State's
model opportunity to learn standards''
Page 70, line 13 after ``include'' insert ``implementing
the State's model opportunity to learn standards,''
Page 72, line 20, after ``standards'' insert ``including
reviewing the local educational agency's plan in the context
of the State's model opportunity to learn standards''
Page 74, line 1, after ``include'' insert ``implementing
the State's model opportunity to learn standards,''
Page 75, line 12, strike ``and opportunity to learn
standards''
Page 91, line 19, strike ``opportunity to learn standards''
Page 183, after line 16 insert the following (and
redesignate accordingly):
``(v) are using any of the voluntary model State
opportunity to learn standards that may have been implemented
and whether they are useful in improving learning.''
Page 330, line 6, strike ``and''.
Page 330, line 7, insert the following (and redesignate any
subsequent subparagraphs accordingly):
``(M) The development and expansion of public-private
partnership programs which extend the learning experience,
via computers, beyond the classroom environment into student
homes.
It was decided in the
Yeas
422
<3-line {>
affirmative
Nays
1