[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 669 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                 S. 669

To amend the Elementary and Secondary Education Act of 1965 to promote 
   parental involvement and parental empowerment in public education 
    through greater competition and choice, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 30, 2001

Mr. Carper (for himself, Mr. Gregg, Mr. Frist, Mr. Lieberman, Mr. Bayh, 
 Mr. Breaux, Mr. Bingaman, Mr. Santorum, Mr. Biden, Ms. Landrieu, Mr. 
 Smith of Oregon, Mr. Ensign, Mr. DeWine, Mr. Kerry, and Mr. Specter) 
introduced the following bill; which was read twice and referred to the 
          Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
To amend the Elementary and Secondary Education Act of 1965 to promote 
   parental involvement and parental empowerment in public education 
    through greater competition and choice, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Empowering Parents Act of 2001''.

                     TITLE I--PUBLIC SCHOOL CHOICE

SEC. 101. SHORT TITLE OF TITLE.

    This title may be referred to as the ``Enhancing Public Education 
Through Choice Act''.

SEC. 102. PURPOSES.

    The purposes of this title are--
            (1) to prevent children from being consigned to, or left 
        trapped in, failing schools;
            (2) to ensure that parents of children in failing public 
        schools have the choice to send their children to higher 
        performing public schools, including public charter schools;
            (3) to support and stimulate improved public school 
        performance through increased public school competition and 
        increased Federal financial assistance;
            (4) to provide parents with more choices among public 
        school options; and
            (5) to assist local educational agencies with low-
        performing schools to implement districtwide public school 
        choice programs or enter into partnerships with other local 
        educational agencies to offer students interdistrict or 
        statewide public school choice programs.

SEC. 103. PUBLIC SCHOOL CHOICE PROGRAMS.

    Title X of the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 10101 et seq.) is amended--
            (1) by redesignating part L as part N; and
            (2) by inserting after part K the following:

                ``PART L--PUBLIC SCHOOL CHOICE PROGRAMS

``SEC. 10995A. DEFINITIONS.

    ``In this part:
            ``(1) Lowest performing school.--The term `lowest 
        performing school' means a public school that has failed to 
        make adequate yearly progress, as described in section 1111, 
        for 2 or more years.
            ``(2) Poverty line.--The term `poverty line' means 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 (42 
        U.S.C. 9902(2))) applicable to a family of the size involved, 
        for the most recent fiscal year for which satisfactory data are 
        available.
            ``(3) Public charter school.--The term `public charter 
        school' means an institution defined as a public charter school 
        by the State in which the institution is located.
            ``(4) Public school.--The term `public school' means a 
        public charter school, a public elementary school, and a public 
        secondary school.
            ``(5) Student in poverty.--The term `student in poverty' 
        means a student from a family with an income below the poverty 
        line.

``SEC. 10995B. GRANTS.

    ``The Secretary shall make grants, on a competitive basis, to State 
educational agencies and local educational agencies, to enable the 
agencies, including the agencies serving the lowest performing schools, 
to implement programs of universal public school choice.

``SEC. 10995C. USE OF FUNDS.

    ``(a) In General.--An agency that receives a grant under this part 
shall use the funds made available through the grant to pay for the 
expenses of implementing a public school choice program, including--
            ``(1) the expenses of providing transportation services or 
        the cost of transportation to eligible children;
            ``(2) the cost of making tuition transfer payments to 
        public schools to which students transfer under the program;
            ``(3) the cost of capacity-enhancing activities that enable 
        high-demand public schools to accommodate transfer requests 
        under the program;
            ``(4) the cost of carrying out public education campaigns 
        to inform students and parents about the program;
            ``(5) administrative costs; and
            ``(6) other costs reasonably necessary to implement the 
        program.
    ``(b) Supplement, Not Supplant.--Funds made available under this 
part shall supplement, and not supplant, State and local public funds 
expended to provide public school choice programs for eligible 
individuals.

``SEC. 10995D. REQUIREMENTS.

    ``(a) Inclusion in Program.--In carrying out a public school choice 
program under this part, a State educational agency or local 
educational agency shall--
            ``(1) allow all students attending public schools within 
        the State or school district involved to attend the public 
        school of their choice within the State or school district, 
        respectively;
            ``(2) provide all eligible students in all grade levels 
        equal access to the program;
            ``(3) include in the program public charter schools and any 
        other public school in the State or school district, 
        respectively; and
            ``(4) develop the program with the involvement of parents 
        and others in the community to be served, and individuals who 
        will carry out the program, including administrators, teachers, 
        principals, and other staff.
    ``(b) Notice.--In carrying out a public school choice program under 
this part, a State educational agency or local educational agency shall 
give parents of eligible students prompt notice of the existence of the 
program and the program's availability to such parents, and a clear 
explanation of how the program will operate.
    ``(c) Transportation.--In carrying out a public school choice 
program under this part, a State educational agency or local 
educational agency shall provide eligible students with transportation 
services or the cost of transportation to and from the public schools, 
including public charter schools, that the students choose to attend 
under this program.
    ``(d) Nondiscrimination.--Notwithstanding subsection (a)(3), no 
public school may discriminate on the basis of race, color, religion, 
sex, national origin, sexual orientation, or disability in providing 
programs and activities under this part.
    ``(e) Parallel Accountability.--Each State educational agency or 
local educational agency receiving a grant under this part for a 
program through which a public charter school receives assistance shall 
hold the school accountable for adequate yearly progress in improving 
student performance as described in title I and as established in the 
school's charter, including the use of the standards and assessments 
established under title I.

``SEC. 10995E. APPLICATIONS.

    ``(a) In General.--To be eligible to receive a grant under this 
part, a State educational agency or local educational agency shall 
submit an application to the Secretary at such time, in such manner, 
and containing such information as the Secretary may require.
    ``(b) Contents.--Each application for a grant under this part shall 
include--
            ``(1) a description of the program for which the agency 
        seeks funds and the goals for such program;
            ``(2) a description of how the program will be coordinated 
        with, and will complement and enhance, other related Federal 
        and non-Federal projects;
            ``(3) if the program is carried out by a partnership, the 
        name of each partner and a description of the partner's 
        responsibilities;
            ``(4) a description of the policies and procedures the 
        agency will use to ensure--
                    ``(A) accountability for results, including goals 
                and performance indicators; and
                    ``(B) that the program is open and accessible to, 
                and will promote high academic standards for, all 
                students; and
            ``(5) such other information as the Secretary may require.

``SEC. 10995F. PRIORITIES.

    ``In making grants under this part, the Secretary shall give 
priority to--
            ``(1) first, those State educational agencies and local 
        educational agencies serving the lowest performing schools;
            ``(2) second, those State educational agencies and local 
        educational agencies serving the highest percentage of students 
        in poverty; and
            ``(3) third, those State educational agencies or local 
        educational agencies forming a partnership that seeks to 
        implement an interdistrict approach to carrying out a public 
        school choice program.

``SEC. 10995G. EVALUATIONS, TECHNICAL ASSISTANCE, AND DISSEMINATION.

    ``(a) In General.--From the amount made available to carry out this 
part for any fiscal year, the Secretary may reserve not more than 5 
percent to carry out evaluations, to provide technical assistance, and 
to disseminate information.
    ``(b) Evaluations.--In carrying out evaluations under subsection 
(a), the Secretary may use the amount reserved under subsection (a) to 
carry out 1 or more evaluations of State and local programs assisted 
under this part, which shall, at a minimum, address--
            ``(1) how, and the extent to which, the programs promote 
        educational equity and excellence; and
            ``(2) the extent to which public schools carrying out the 
        programs are--
                    ``(A) held accountable to the public;
                    ``(B) effective in improving public education; and
                    ``(C) open and accessible to all students.

``SEC. 10995H. AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated to carry out this part 
$200,000,000 for fiscal year 2002 and each subsequent fiscal year.''.

          TITLE II--PUBLIC CHARTER SCHOOL FACILITIES FINANCING

SEC. 201. SHORT TITLE OF TITLE.

    This title may be cited as the ``Public Charter Schools Equity 
Act''.

SEC. 202. PURPOSES.

    The purposes of this title are--
            (1) to help eliminate the barriers that prevent public 
        charter school developers from accessing the credit markets, by 
        encouraging lending institutions to lend funds to public 
        charter schools on terms  more similar to the terms typically 
extended to traditional public schools; and
            (2) to encourage the States to provide support to public 
        charter schools for facilities financing in an amount 
        commensurate to the amount the States have typically provided 
        for traditional public schools.

SEC. 203. CREDIT ENHANCEMENT INITIATIVES.

    Subpart 2 of part C of title X of the Elementary and Secondary 
Education Act of 1965, as added by section 322 of the Department of 
Education Appropriations Act, 2001 (as enacted into law by section 
1(a)(1) of Public Law 106-554), is amended to read as follows:

 ``Subpart 2--Credit Enhancement Initiatives To Promote Charter School 
           Facility Acquisition, Construction, and Renovation

``SEC. 10321. PURPOSE.

    ``The purpose of this subpart is to provide grants to eligible 
entities to permit the entities to establish or improve innovative 
credit enhancement initiatives that assist charter schools to address 
the cost of acquiring, constructing, and renovating facilities.

``SEC. 10322. GRANTS TO ELIGIBLE ENTITIES.

    ``(a) Grants for Initiatives.--
            ``(1) In general.--The Secretary shall use 100 percent of 
        the amount available to carry out this subpart to eligible 
        entities having applications approved under this subpart to 
        carry out innovative initiatives for assisting charter schools 
        to address the cost of acquiring, constructing, and renovating 
        facilities by enhancing the availability of loans or bond 
        financing.
            ``(2) Number of grants.--The Secretary shall award not 
        fewer than 3 of the grants.
    ``(b) Grantee Selection.--
            ``(1) Determination.--The Secretary shall evaluate each 
        application submitted, and shall determine which applications 
        are of sufficient quality to merit approval and which are not.
            ``(2) Minimum grants.--The Secretary shall award at least--
                    ``(A) 1 grant to an eligible entity described in 
                section 10330(2)(A);
                    ``(B) 1 grant to an eligible entity described in 
                section 10330(2)(B); and
                    ``(C) 1 grant to an eligible entity described in 
                section 10330(2)(C),
        if applications are submitted that permit the Secretary to 
        award the grants without approving an application that is not 
        of sufficient quality to merit approval.
    ``(c) Grant Characteristics.--Grants under this subpart shall be in 
sufficient amounts, and for initiatives of sufficient scope and 
quality, so as to effectively enhance credit for the financing of 
charter school acquisition, construction, or renovation.
    ``(d) Special Rule.--In the event the Secretary determines that the 
funds available to carry out this subpart are insufficient to permit 
the Secretary to award not fewer than 3 grants in accordance with 
subsections (a) through (c)--
            ``(1) subsections (a)(2) and (b)(2) shall not apply; and
            ``(2) the Secretary may determine the appropriate number of 
        grants to be awarded in accordance with subsections (a)(1), 
        (b)(1), and (c).

``SEC. 10323. APPLICATIONS.

    ``(a) In General.--To receive a grant under this subpart, an 
eligible entity shall submit to the Secretary an application in such 
form as the Secretary may reasonably require.
    ``(b) Contents.--An application submitted under subsection (a) 
shall contain--
            ``(1) a statement identifying the activities proposed to be 
        undertaken with funds received under this subpart, including 
        how the applicant will determine which charter schools will 
        receive assistance, and how much and what types of assistance 
        the charter schools will receive;
            ``(2) a description of the involvement of charter schools 
        in the application's development and the design of the proposed 
        activities;
            ``(3) a description of the applicant's expertise in capital 
        market financing;
            ``(4) a description of how the proposed activities will--
                    ``(A) leverage private sector financing capital, to 
                obtain the maximum amount of private sector financing 
                capital, relative to the amount of government funding 
                used, to assist charter schools; and
                    ``(B) otherwise enhance credit available to charter 
                schools;
            ``(5) a description of how the applicant possesses 
        sufficient expertise in education to evaluate the likelihood of 
        success of a charter school program for which facilities 
        financing is sought;
            ``(6) in the case of an application submitted by a State 
        governmental entity, a description of the actions that the 
        entity has taken, or will take, to ensure that charter schools 
        within the State receive the funding the schools need to have 
        adequate facilities; and
            ``(7) such other information as the Secretary may 
        reasonably require.

``SEC. 10324. CHARTER SCHOOL OBJECTIVES.

    ``An eligible entity receiving a grant under this subpart shall use 
the funds received through the grant, and deposited in the reserve 
account established under section 10325(a), to assist 1 or more charter 
schools to access private sector capital to accomplish 1 or more of the 
following objectives:
            ``(1) The acquisition (by purchase, lease, donation, or 
        otherwise) of an interest (including an interest held by a 
        third party for the benefit of a charter school) in improved or 
        unimproved real property that is necessary to commence or 
        continue the operation of a charter school.
            ``(2) The construction of new facilities, or the 
        renovation, repair, or alteration of existing facilities, 
        necessary to commence or continue the operation of a charter 
        school.
            ``(3) The payment of start-up costs, including the costs of 
        training teachers and purchasing materials and equipment, 
        including instructional materials and computers, for a charter 
        school.

``SEC. 10325. RESERVE ACCOUNT.

    ``(a) In General.--For the purpose of assisting charter schools to 
accomplish the objectives described in section 10324, an eligible 
entity receiving a grant under this subpart shall deposit the funds 
received through the grant (other than funds used for administrative 
costs in accordance with section 10326) in a reserve account 
established and maintained by the entity for that purpose. The entity 
shall make the deposit in accordance with State and local law and may 
make the deposit directly or indirectly, and alone or in collaboration 
with others.
    ``(b) Use of Funds.--Amounts deposited in such account shall be 
used by the entity for 1 or more of the following purposes:
            ``(1) Guaranteeing, insuring, and reinsuring bonds, notes, 
        evidences of debt, loans, and interests therein, the proceeds 
        of which are used for an objective described in section 10324.
            ``(2) Guaranteeing and insuring leases of personal and real 
        property for such an objective.
            ``(3) Facilitating financing for such an objective by 
        identifying potential lending sources, encouraging private 
        lending, and carrying out other similar activities that 
        directly promote lending to, or for the benefit of, charter 
        schools.
            ``(4) Facilitating the issuance of bonds by charter 
        schools, or by other public entities for the benefit of charter 
        schools, for such an objective, by providing technical, 
        administrative, and other appropriate assistance (including the 
        recruitment of bond counsel, underwriters, and potential 
        investors and the consolidation of multiple charter school 
        projects within a single bond issue).
    ``(c) Investment.--Funds received under this subpart and deposited 
in the reserve account shall be invested in obligations issued or 
guaranteed by the United States or a State, or in other similarly low-
risk securities.
    ``(d) Reinvestment of Earnings.--Any earnings on funds received 
under this subpart shall be deposited in the reserve account 
established under subsection (a) and used in accordance with subsection 
(b).

``SEC. 10326. LIMITATION ON ADMINISTRATIVE COSTS.

    ``An eligible entity that receives a grant under this subpart may 
use not more than 0.25 percent of the funds received through the grant 
for the administrative costs of carrying out the entity's 
responsibilities under this subpart.

``SEC. 10327. AUDITS AND REPORTS.

    ``(a) Financial Record Maintenance and Audit.--The financial 
records of each eligible entity receiving a grant under this subpart 
shall be maintained in accordance with generally accepted accounting 
principles and shall be subject to an annual audit by an independent 
public accountant.
    ``(b) Reports.--
            ``(1) Grantee annual reports.--Each eligible entity 
        receiving a grant under this subpart annually shall submit to 
        the Secretary a report of the entity's operations and 
        activities under this subpart.
            ``(2) Contents.--Each such annual report shall include--
                    ``(A) a copy of the most recent financial 
                statements, and any accompanying opinion on such 
                statements, prepared by the independent public 
                accountant auditing the financial records of the 
                eligible entity;
                    ``(B) a copy of any report made on an audit of the 
                financial records of the eligible entity that was 
                conducted under subsection (a) during the reporting 
                period;
                    ``(C) an evaluation by the eligible entity of the 
                effectiveness of the entity's use of the Federal funds 
                provided under this subpart in leveraging private 
                funds;
                    ``(D) a listing and description of the charter 
                schools served by the entity with such Federal funds 
                during the reporting period;
                    ``(E) a description of the activities carried out 
                by the eligible entity to assist charter schools in 
                meeting the objectives set forth in section 10324; and
                    ``(F) a description of the characteristics of 
                lenders and other financial institutions participating 
                in the activities undertaken by the eligible entity 
                under this subpart during the reporting period.
            ``(3) Secretarial report.--The Secretary shall review the 
        reports submitted under paragraph (1) and shall provide a 
        comprehensive annual report to Congress on the activities 
        conducted under this subpart.

``SEC. 10328. NO FULL FAITH AND CREDIT FOR GRANTEE OBLIGATIONS.

    ``No financial obligation of an eligible entity entered into 
pursuant to this subpart (such as an obligation under a guarantee, 
bond, note, evidence of debt, or loan) shall be an obligation of, or 
guaranteed in any respect by, the United States. The full faith and 
credit of the United States is not pledged to the payment of funds that 
may be required to be paid under any obligation made by an eligible 
entity pursuant to any provision of this subpart.

``SEC. 10329. RECOVERY OF FUNDS.

    ``(a) In General.--The Secretary, in accordance with chapter 37 of 
title 31, United States Code, shall collect--
            ``(1) all of the funds in a reserve account established by 
        an eligible entity under section 10325(a) if the Secretary 
        determines, not earlier than 2 years after the date on which 
        the entity first received funds under this subpart, that the 
        entity has failed to make substantial progress in carrying out 
        the purposes described in section 10325(b); or
            ``(2) all or a portion of the funds in a reserve account 
        established by an eligible entity under section 10325(a) if the 
        Secretary determines that the eligible entity has permanently 
        ceased to use all or a portion of the funds in such account to 
        accomplish any purpose described in section 10325(b).
    ``(b) Exercise of Authority.--The Secretary shall not exercise the 
authority provided in subsection (a) to collect from any eligible 
entity any funds that are being properly used to achieve 1 or more of 
the purposes described in section 10325(b).
    ``(c) Procedures.--The provisions of sections 451, 452, and 458 of 
the General Education Provisions Act (20 U.S.C. 1234 et seq.) shall 
apply to the recovery of funds under subsection (a).
    ``(d) Construction.--This section shall not be construed to impair 
or affect the authority of the Secretary to recover funds under part D 
of the General Education Provisions Act (20 U.S.C. 1234 et seq.).

``SEC. 10330. DEFINITIONS.

    ``In this subpart:
            ``(1) Charter school.--The term `charter school' has the 
        meaning given such term in section 10310.
            ``(2) Eligible entity.--The term `eligible entity' means--
                    ``(A) a public entity, such as a State or local 
                governmental entity;
                    ``(B) a private nonprofit entity; or
                    ``(C) a consortium of entities described in 
                subparagraphs (A) and (B).

``SEC. 10331. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this subpart 
$400,000,000 for fiscal year 2002 and each subsequent fiscal year.''.

SEC. 204. INCOME EXCLUSION FOR INTEREST PAID ON LOANS BY PUBLIC CHARTER 
              SCHOOLS.

    (a) In General.--Part III of subchapter B of chapter 1 of the 
Internal Revenue Code of 1986 (relating to items specifically excluded 
from gross income) is amended by redesignating section 139 and section 
140 and by inserting after section 138 the following new section:

``SEC. 139. INTEREST ON PUBLIC CHARTER SCHOOL LOANS.

    ``(a) Exclusion.--Gross income does not include interest on any 
public charter school loan.
    ``(b) Public Charter School Loan.--For purposes of this section:
            ``(1) In general.--The term `public charter school loan' 
        means any indebtedness incurred by a public charter school.
            ``(2) Public charter school.--The term `public charter 
        school' means an institution defined as a public charter school 
        by the State in which the institution is located.''.
    (b) Conforming Amendment.--The table of sections for such part III 
is amended by striking the item relating to section 139 and inserting 
the following:

                              ``Sec. 139. Interest on public charter 
                                        school loans.
                              ``Sec. 140. Cross references to other 
                                        Acts.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2000, with respect 
to indebtedness incurred after the date of the enactment of this Act.

SEC. 205. GRANTS FOR PUBLIC CHARTER SCHOOL FACILITIES.

    Title X of the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 10101 et seq.), as amended by section 103, is further amended by 
inserting after part L the following:

         ``PART M--GRANTS FOR PUBLIC CHARTER SCHOOL FACILITIES

``SEC. 10996A. DEFINITION.

    ``In this part, the term `public charter school' has the meaning 
given the term in section 10995A.

``SEC. 10996B. GRANTS.

    ``(a) In General.--The Secretary shall make grants, on a 
competitive basis, to States to pay for the Federal share of the cost 
of establishing or enhancing, and administering, programs in which the 
States make payments, on a per-pupil basis, to public charter schools 
to assist the schools in financing school facilities.
    ``(b) Period.--The Secretary shall award grants under this section 
for periods of 5 years.
    ``(c) Federal Share.--The Federal share of the cost described in 
subsection (a) for a program shall be not more than--
            ``(1) 90 percent of the cost, for the first fiscal year for 
        which the program receives assistance under this part or its 
        predecessor authority;
            ``(2) 80 percent in the second such year;
            ``(3) 60 percent in the third such year;
            ``(4) 40 percent in the fourth such year; and
            ``(5) 20 percent in the fifth such year.

``SEC. 10996C. USE OF FUNDS.

    (a) In General.--A State that receives a grant under this part 
shall use the funds made available through the grant to establish or 
enhance, and administer, a facilities financing program for public 
charter schools in the State.
    ``(b) Evaluations; Technical Assistance; Dissemination.--From the 
amount made available to a State through a grant under this part for a 
fiscal year, the State may reserve not more than 5 percent of the 
amount to carry out evaluations, to provide technical assistance, and 
to disseminate information.
    ``(c) Supplement, Not Supplant.--Funds made available under this 
part shall supplement, and not supplant, State and local public funds 
expended to provide facilities financing programs, or operations 
financing programs, for public charter schools.

``SEC. 10996D. REQUIREMENTS.

    ``(a) Voluntary Participation.--No State may be required to 
participate in a program carried out under this part.
    ``(b) State Law.--To be eligible to receive a grant under this 
part, a State shall establish or enhance, and administer, a facilities 
financing program for public charter schools in the State, that--
            ``(1) is specified in State law;
            ``(2) provides equitable annual financing, on a per-pupil 
        basis, for public charter school facilities; and
            ``(3) provides financing that is dedicated solely for 
        funding the facilities.

``SEC. 10996E. APPLICATIONS.

    ``To be eligible to receive a grant under this part, a State shall 
submit an application to the Secretary at such time, in such manner, 
and containing such information as the Secretary may require.

``SEC. 10996F. PRIORITIES.

    ``In making grants under this part, the Secretary shall give 
priority to States that meet the criteria described in paragraph (2), 
and subparagraphs (A), (B), and (C) of paragraph (3), of section 
10302(e).

``SEC. 10996G. EVALUATIONS, TECHNICAL ASSISTANCE, AND DISSEMINATION.

    ``(a) In General.--From the amount made available to carry out this 
part for any fiscal year, the Secretary may reserve not more than 5 
percent to carry out evaluations, to provide technical assistance, and 
to disseminate information.
    ``(b) Evaluations.--In carrying out evaluations under subsection 
(a), the Secretary may use the amount reserved under subsection (a) to 
carry out 1 or more evaluations of State programs assisted under this 
part, which shall, at a minimum, address--
            ``(1) how, and the extent to which, the programs promote 
        educational equity and excellence; and
            ``(2) the extent to which public charter schools supported 
        through the programs are--
                    ``(A) held accountable to the public;
                    ``(B) effective in improving public education; and
                    ``(C) open and accessible to all students.

``SEC. 10996H. AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated to carry out this part 
$400,000,000 for fiscal year 2002 and each subsequent fiscal year.''.
                                 <all>