IMPROVING AMERICA'S SCHOOLS ACT OF 1994
Public Law 103–382, as amended
IMPROVING AMERICA'S SCHOOLS ACT OF 1994
382
115–334
Statute Compilation
United States House of Representatives
Office of the Legislative Counsel
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Improving America's Schools Act of 1994
Equity in Educational Land-Grant Status Act of 1994
Equity in Athletics Disclosure Act
National Education Statistics Act of 1994
Albert Einstein Distinguished Educator Fellowship Act of 1994
Community School Partnership Act
Workers Technology Skill Development Act
Howard M. Metzenbaum Multiethnic Placement Act of 1994
753
103
1994-10-20
IMPROVING AMERICA'S SCHOOLS ACT OF 1994
[Public Law 103–382, Enacted October 20, 1994]
[As Amended Through P.L. 115–334, Enacted December 20, 2018]
[Currency: This publication is a compilation of the text of Public Law 103–382. It was last amended by the public law listed in the As Amended Through note above and below at the bottom of each page of the pdf version and reflects current law through the date of the enactment of the public law listed at https://www.govinfo.gov/app/collection/comps/]
[Note: While this publication does not represent an official version of any Federal statute, substantial efforts have been made to ensure the accuracy of its contents. The official version of Federal law is found in the United States Statutes at Large and in the United States Code. The legal effect to be given to the Statutes at Large and the United States Code is established by statute (1 U.S.C. 112, 204).]

AN ACT
To extend for five years the authorizations of appropriations for the programs under the Elementary and Secondary Education Act of 1965, and for certain other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1.
[20 U.S.C. 6301 note]

SHORT TITLE.
This Act may be cited as the “Improving America's Schools Act of 1994”.
SEC. 2.

ORGANIZATION OF THE ACT.
This Act is organized into the following titles:
TITLE I—
AMENDMENTS TO THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965
TITLE II—
AMENDMENTS TO THE GENERAL EDUCATION PROVISIONS ACT
TITLE III—
AMENDMENTS TO OTHER ACTS
TITLE IV—
NATIONAL EDUCATION STATISTICS
TITLE V—
MISCELLANEOUS
SEC. 3.
[20 U.S.C. 6301 note]

EFFECTIVE DATES; TRANSITION.
(a)

Effective Dates.—
(1)

Title i.—
(A)
Title I and the amendment made by title I of this Act shall take effect July 1, 1995, except that those provisions of title I that apply to programs under title VIII (Impact Aid) of the Elementary and Secondary Education Act of 1965, as amended by this Act, and to programs under such Act that are conducted on a competitive basis, shall be effective with respect to appropriations for use under such programs for fiscal year 1995 and for subsequent fiscal years.
(B)
Title VIII of the Elementary and Secondary Education Act of 1965, as amended by title I of this Act, shall take effect on the date of the enactment of this Act.
(2)

Title ii.—
Title II of this Act and the amendments made by title II of this Act shall take effect on the date of enactment of this Act, except that section 236 (equity for students, teachers, and other program beneficiaries) of such title shall be effective—
(A)
July 1, 1995 for noncompetitive programs in which funds are allocated on the basis of a formula; and
(B)
for programs that are conducted on a competitive basis, with respect to appropriations for use under such programs in fiscal year 1995 and in subsequent fiscal years.
(3)

Title iii.—
(A)
Parts A and B of title III of this Act and the amendments made by such parts shall take effect on July 1, 1995.
(B)
Part C of title III of this Act and the amendments made by such part shall take effect on October 1, 1994.
(b)

Transition.—
Notwithstanding any other provision of law, a recipient of funds under the Elementary and Secondary Education Act of 1965, as such Act was in effect on the day preceding the date of enactment of this Act, may use funds available to such recipient under such predecessor authority to carry out necessary and reasonable planning and transition activities in order to ensure a smooth implementation of programs authorized by this Act.
TITLE I—

AMENDMENTS TO THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965
SEC. 101.

AMENDMENTS TO THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965.1
[Title IV was repealed by section 403(1) of Public Law 107–279.]
^1
This title amends the Elementary and Secondary Education Act of 1965 by striking the Act in its entirety and inserting a revised Act, which is set out earlier in this compilation (along with subsequent amendments made since the enactment of Pub. L. 103–382).
* * * * * * *
TITLE V—

MISCELLANEOUS PROVISIONS
PART A—

ALBERT EINSTEIN DISTINGUISHED EDUCATOR FELLOWSHIP ACT
SEC. 511.
[42 U.S.C. 7382 note]

SHORT TITLE.
This part may be cited as the “Albert Einstein Distinguished Educator Fellowship Act of 1994”.
SEC. 512.
[42 U.S.C. 7382]

FINDINGS.
The Congress finds that—
(1)
the Department of Energy has unique and extensive mathematics and science capabilities that contribute to mathematics and science education programs throughout the Nation;
(2)
a need exists to increase understanding, communication, and cooperation between the Congress, the Department of Energy, other Federal agencies, and the mathematics and science education community;
(3)
elementary and secondary school mathematics and science teachers can provide practical insight to the legislative and executive branches in establishing and operating education programs; and
(4)
a pilot program that placed elementary and secondary school mathematics and science teachers in professional staff positions in the Senate and the House of Representatives has proven successful and demonstrated the value of expanding the program.
SEC. 513.
[42 U.S.C. 7382a]

PURPOSE; DESIGNATION.
(a)

Purpose.—
The purpose of this part is to establish within the Department of Energy a national fellowship program for elementary and secondary school mathematics and science teachers.
(b)

Designation.—
A recipient of a fellowship under this part shall be known as an “Albert Einstein Fellow”.
SEC. 514.
[42 U.S.C. 7382b]

DEFINITIONS.
As used in this part—
(1)
the term “elementary school” has the meaning provided by section 8101 of the Elementary and Secondary Education Act of 1965;
(2)
the term “local educational agency” has the meaning provided by section 8101 of the Elementary and Secondary Education Act of 1965;
(3)
the term “secondary school” has the meaning provided by section 8101 of the Elementary and Secondary Education Act of 1965; and
(4)
the term “Secretary” means the Secretary of Energy.
SEC. 515.
[42 U.S.C. 7382c]

FELLOWSHIP PROGRAM.
(a)

In General.—
(1)

Establishment.—
The Secretary shall establish the Albert Einstein Distinguished Educator Fellowship Program (hereafter in this part referred to as the “Program”) to provide 12 elementary or secondary school mathematics or science teachers with fellowships in each fiscal year in accordance with this part.
(2)

Order of priority.—
The Secretary may reduce the number of fellowships awarded under this part for any fiscal year in which the amount appropriated for the Program is insufficient to support 12 fellowships. If the number of fellowships awarded under this part is reduced for any fiscal year, then the Secretary shall award fellowships based on the following order of priority:
(A)
Three fellowships in the Department of Energy.
(B)
Two fellowships in the Senate.
(C)
Two fellowships in the House of Representatives.
(D)
One fellowship in each of the following entities:
(i)
The Department of Education.
(ii)
The National Institutes of Health.
(iii)
The National Science Foundation.
(iv)
The National Aeronautics and Space
Administration.
(v)
The Office of Science and Technology Policy.
(3)

Terms of fellowships.—
Each fellowship awarded under this part shall be awarded for a period of ten months that, to the extent practicable, coincide with the academic year.
(4)

Eligibility.—
To be eligible for a fellowship under this part, an elementary or secondary school mathematics or science teacher must demonstrate—
(A)
that such teacher would bring unique and valuable contributions to the Program;
(B)
that such teacher is recognized for excellence in mathematics or science education; and
(C)
(i)
a sabbatical leave from teaching will be granted in order to participate in the Program; or
(ii)
the teacher will return to a teaching position comparable to the position held prior to participating in the Program.
(b)

Administration.—
The Secretary shall—
(1)
provide for the development and administration of an application and selection process for fellowships under the Program, including a process whereby final selections of fellowship recipients are made in accordance with subsection (c);
(2)
provide for the publication of information on the Program in appropriate professional publications, including an invitation for applications from teachers listed in the directories of national and State recognition programs;
(3)
select from the pool of applicants 12 elementary and secondary school mathematics teachers and 12 elementary and secondary school science teachers;
(4)
develop a program of orientation for fellowship recipients under this part; and
(5)
not later than August 31 of each year in which fellowships are awarded, prepare and submit an annual report and evaluation of the Program to the appropriate Committees of the Senate and the House of Representatives.
(c)

Selection.—
(1)

In general.—
The Secretary shall arrange for the 24 semifinalists to travel to Washington, D.C., to participate in interviews in accordance with the selection process described in paragraph (2).
(2)

Final selection.—
(A)
Not later than May 1 of each year preceding each year in which fellowships are to be awarded, the Secretary shall select and announce the names of the fellowship recipients.
(B)
The Secretary shall provide for the development and administration of a process to select fellowship recipients from the pool of semifinalists as follows:
(i)
The Secretary shall select three fellowship recipients who shall be assigned to the Department of Energy.
(ii)
The Majority Leader of the Senate and the Minority Leader of the Senate, or their designees, shall each select a fellowship recipient who shall be assigned to the Senate.
(iii)
The Speaker of the House of Representatives and the Minority Leader of the House of Representatives, or their designees, shall each select a fellowship recipient who shall be assigned to the House of Representatives.
(iv)
Each of the following individuals, or their designees, shall select one fellowship recipient who shall be assigned within the department, office, agency, or institute such individual administers:
(I)
The Secretary of Education.
(II)
The Director of the National Institutes of Health.
(III)
The Director of the National Science Foundation.
(IV)
The Administrator of the National Aeronautics and Space Administration.
(V)
The Director of the Office of Science and Technology Policy.
SEC. 516.
[42 U.S.C. 7382d]

FELLOWSHIP AWARDS.
(a)

Fellowship Recipient Compensation.—
Each recipient of a fellowship under this part shall be paid during the fellowship period at a rate of pay that shall not exceed the minimum annual rate payable for a position under GS–13 of the General Schedule.
(b)

Local Educational Agency.—
The Secretary shall seek to ensure that no local educational agency penalizes a teacher who elects to participate in the Program.
SEC. 517.
[42 U.S.C. 7382e]

WASTE MANAGEMENT EDUCATION RESEARCH CONSORTIUM (WERC).
(a)2

In General.—
The Secretary is authorized to establish a partnership of Department of Energy laboratories, academic
institutions, and private sector industries to conduct environmentally-related education programs, including programs involving environmentally conscious manufacturing and waste management activities that have undergraduate and graduate educational training as a component.
^2
So in law. Probably should not have been subsection designation (a) and heading.
SEC. 518.
[42 U.S.C. 7382f]

AUTHORIZATION OF APPROPRIATIONS.
(a)
There are authorized to be appropriated for the Program $700,000 for fiscal year 1995, and such sums as may be necessary for each of the four succeeding fiscal years.
(b)

WERC Program.—
There are authorized to be appropriated for the WERC program under section 517 such sums as may be necessary for fiscal year 1995 and each of the four succeeding fiscal years.
PART B—

COMMUNITY SCHOOL PARTNERSHIPS
SEC. 521.
[20 U.S.C. 1070 note]

SHORT TITLE.
This part may be cited as the “Community School Partnership Act”.
SEC. 522.
[20 U.S.C. 1070 note]

FINDINGS.
The Congress finds that—
(1)
the local community, when properly organized and challenged, is one of the best sources of academic support, motivation toward achievement, and financial resources for aspiring postsecondary students;
(2)
local communities, working to complement or augment services currently being offered by area schools and colleges, can raise the educational expectations and increase the rate of postsecondary attendance of their youth by forming locally based organizations that provide both academic support (including guidance, counseling, mentoring, tutoring, encouragement, and recognition) and tangible, locally raised, effectively targeted, publicly recognized financial assistance;
(3)
proven methods of stimulating these community efforts can be promoted through Federal support for the establishment of area program centers to organize and challenge community efforts to develop educational incentives and support for local students; and
(4)
using Federal funds to leverage private contributions to help students from low-income families attain educational and career goals is an efficient and effective investment of scarce taxpayer-provided resources.
SEC. 523.
[20 U.S.C. 1070 note]

DEFINITIONS.
As used in this part:
(1)

Area program center.—
The term “area program center” means an organization that—
(A)
is part of, responsible to, and overseen by, the national organization; and
(B)
is staffed by professionals trained to create, develop, and sustain local affiliated chapters in towns, cities, and neighborhoods.
(2)

Local affiliated chapter.—
The term “local affiliated chapter” means an organization that—
(A)
is a nonprofit organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986, and exempt from taxation under section 501(a) of such Code (or shall meet this criteria through affiliation with the national organization described in paragraph (3));
(B)
is formed for the purpose of providing educational scholarships and academic support for residents of the local community served by such organization;
(C)
solicits broad-based community support in its academic support and fund-raising activities;
(D)
is broadly representative of the local community in the structures of its volunteer-operated organization and has a board of directors that includes leaders from local neighborhood organizations and neighborhood residents, such as school or college personnel, parents, students, community agency representatives, and representatives of the business community;
(E)
awards scholarships without regard to age, sex, marital status, race, creed, color, religion, national origin or disability; and
(F)
gives priority in awarding scholarships to students from low-income families in the local community.
(3)

National organization.—
The term “national organization” means an organization that—
(A)
has the capacity to create, develop and sustain local affiliated chapters;
(B)
has the capacity to sustain newly created local affiliated chapters in towns, cities, and neighborhoods through ongoing training and support programs;
(C)
is described in section 501(c)(3) of the Internal Revenue Code of 1986, and exempt from taxation under section 501(a) of such Code;
(D)
is a publicly supported organization within the meaning of section 170(b)(1)(A)(vi) of such Code;
(E)
ensures that each of its local affiliated chapters meet the criteria described in subparagraphs (C) and (D); and
(F)
has a program for or experience in cooperating with secondary and postsecondary institutions in carrying out its scholarship and academic support activities.
(4)

High-poverty area.—
The term “high-poverty area” means a community with a higher percentage of children in poverty than the national average of such percentage.
(5)

Students from low-income families.—
The term “students from low-income families” means students determined, pursuant to part F of title IV of the Higher Education Act of 1965, to be eligible for a Federal Pell Grant under subpart 1 of part A of title IV of such Act.
SEC. 524.
[20 U.S.C. 1070 note]

PURPOSE; ENDOWMENT GRANT AUTHORITY.
(a)

Purpose.—
It is the purpose of this part to establish and support area program centers to enable such centers to foster the development of local affiliated chapters in high-poverty areas that promote higher education goals for students from low-income families by—
(1)
providing academic support, including guidance, counseling, mentoring, tutoring, and recognition; and
(2)
providing scholarship assistance for the pursuit of postsecondary education.
(b)

Endowment Grant Authority.—
From the funds appropriated pursuant to the authority of section 527, the Secretary shall award an endowment grant, on a competitive basis, to a national organization to enable such organization to support the establishment or ongoing work of area program centers that foster the development of local affiliated chapters in high-poverty areas to improve high school graduation rates and postsecondary attendance through the provision of academic support services and scholarship assistance for the pursuit of postsecondary education.
SEC. 525.
[20 U.S.C. 1070 note]

GRANT AGREEMENT AND REQUIREMENTS.
(a)

In General.—
The Secretary shall award the endowment grant described in section 524(b) pursuant to an agreement between the Secretary and the national organization. Such agreement shall—
(1)
require the national organization to establish an endowment fund in the amount of the grant, the corpus of which shall remain intact and the interest income from which shall be used to support the activities described in paragraphs (2) and (3);
(2)
require the national organization to use 25 percent of the interest income from the endowment fund in any fiscal year to provide scholarships for students from low-income families, which scholarships shall be matched on a dollar-for-dollar basis from funds raised by local affiliated chapters;
(3)
require the national organization to use 75 percent of the interest income from the endowment fund in any fiscal year to support the establishment or ongoing work of area program centers to enable such centers to work with local communities to establish local affiliated chapters in high-poverty areas and provide ongoing technical assistance, training workshops, and other activities to help ensure the ongoing success of the local affiliated chapters;
(4)
require the area program centers supported by the national organization to give priority to establishing local affiliated chapters that serve high-poverty areas;
(5)
require the national organization to submit, in each fiscal year in which such organization uses the interest from the endowment fund, a report to the Secretary that contains—
(A)
a description of the programs and activities supported by the interest on the endowment fund;
(B)
the audited financial statement of the national organization for the preceding fiscal year;
(C)
a plan for the programs and activities to be supported from the interest on the endowment fund during the five succeeding fiscal years;
(D)
an evaluation of the programs and activities supported by the interest on the endowment fund as the Secretary may require; and
(E)
data indicating the number of students from low-income families who received scholarships from local affiliated chapters, and the amounts of such scholarships;
(6)
contain such assurances as the Secretary may require with respect to the management and operation of the endowment fund;
(7)
require that, in order to continue using the interest from the endowment fund, the national organization will meet the continuing eligibility requirements described in section 526; and
(8)
contain an assurance that if the Secretary determines that such organization is not in substantial compliance with the provisions of this part, then the national organization shall pay to the Secretary an amount equal to the corpus of the endowment fund plus any accrued interest on such fund that is available to the national organization on the date of such determination.
(b)

Returned Funds.—
All funds returned to the Secretary pursuant to subsection (a)(8) shall be available to the Secretary to carry out any scholarship or grant program assisted under title IV of the Higher Education Act of 1965.
SEC. 526.
[20 U.S.C. 1070 note]

CONTINUING ELIGIBILITY.
The national organization shall be eligible to continue to use the interest from the endowment fund in accordance with the provisions of this part in the third and each such succeeding fiscal year in which such organization uses such interest only if the local affiliated chapters associated with all area program centers supported under this part distribute to students from low-income families 80 percent of the total amount of funds raised by all such chapters in such year.
SEC. 527.
[20 U.S.C. 1070 note]

AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $10,000,000 for fiscal year 1996 to carry out this part.
PART C—

1994 INSTITUTIONS

TABLE OF CONTENTS3
Part C—
1994 Institutions
Sec. 531.
Short title.
Sec. 532.
Definition of 1994 institution.
Sec. 533.
Land-grant status for 1994 institutions.
Sec. 534.
Appropriations.
Sec. 535.
Institutional capacity building grants.
Sec. 536.
Research grants.
^3
This table of contents is not part of the Act but is included for user convenience.
SEC. 531.
[7 U.S.C. 301 note]

SHORT TITLE.
This part may be cited as the “Equity in Educational Land-Grant Status Act of 1994”.
SEC. 532.
[7 U.S.C. 301 note]

DEFINITION OF 1994 INSTITUTION.
In this part, the term “1994 Institution” means any of the following colleges:
(1)
Aaniiih Nakoda College.
(2)
Bay Mills Community College.
(3)
Blackfeet Community College.
(4)
Cankdeska Cikana Community College.
(5)
Chief Dull Knife College.
(6)
College of Menominee Nation.
(7)
College of the Muscogee Nation.
(8)
D–Q University.
(9)
Dine College.
(10)
Fond du Lac Tribal and Community College.
(11)
Fort Peck Community College.
(12)
Haskell Indian Nations University.
(13)
Ilisagvik College.
(14)
Institute of American Indian and Alaska Native Culture and Arts Development.
(15)
Keweenaw Bay Ojibwa Community College.
(16)
Lac Courte Oreilles Ojibwa Community College.
(17)
Leech Lake Tribal College.
(18)
Little Big Horn College.
(19)
Little Priest Tribal College.
(20)
Navajo Technical University.
(21)
Nebraska Indian Community College.
(22)
Northwest Indian College.
(23)
Nueta Hidatsa Sahnish College.
(24)
Oglala Lakota College.
(25)
Red Lake Nation College.
(26)
Saginaw Chippewa Tribal College.
(27)
Salish Kootenai College.
(28)
Sinte Gleska University.
(29)
Sisseton Wahpeton College.
(30)
Sitting Bull College.
(31)
Southwestern Indian Polytechnic Institute.
(32)
Stone Child College.
(33)
Tohono O’odham Community College.
(34)
Turtle Mountain Community College.
(35)
United Tribes Technical College.
(36)
White Earth Tribal and Community College.
SEC. 533.
[7 U.S.C. 301 note]

LAND-GRANT STATUS FOR 1994 INSTITUTIONS.
(a)

In General.—
(1)

Status of 1994 institutions.—
Except as provided in paragraph (2), 1994 Institutions shall be considered land-grant colleges established for the benefit of agriculture and the mechanic arts in accordance with the provisions of the Act of July 2, 1862 (12 Stat. 503; 7 U.S.C. 301 et seq.) (commonly known as the First Morrill Act).
(2)

1994 institutions.—
(A)
1994 Institutions shall not be considered as land-grant colleges that are eligible to receive funding under—
(i)
the Act of March 2, 1887 (24 Stat. 440, chapter 314; 7 U.S.C. 361a et seq.);
(ii)4
the Smith-Lever Act (7 U.S.C. 341 et seq.), except as provided under—
(I)
section 3(b)(3) of that Act (7 U.S.C. 343(b)(3)); or
(II)
the third sentence of section 3(d) of that Act (7 U.S.C. 343(d)); or
^4
The margin for clause (ii) is so in law.
(iii)
the Act of August 30, 1890 (26 Stat. 417, chapter 841; 7 U.S.C. 321 et seq.) (commonly known as the Second Morrill Act).
(B)
In lieu of receiving donations under the provisions of the Act of July 2, 1862 (12 Stat. 503; 7 U.S.C. 301 et seq.) (commonly known as the First Morrill Act), relating to the donations of public land or scrip for the endowment and maintenance of colleges for the benefit of agriculture and the mechanic arts, 1994 Institutions shall receive funding pursuant to the authorization under subsection (b).
(3)

Accreditation.—
To receive funding under this section and sections 534, 535, and 536, a 1994 Institution shall certify to the Secretary that the 1994 Institution—
(A)
is accredited by a nationally recognized accrediting agency or association determined by the Secretary, in consultation with the Secretary of Education, to be a reliable authority regarding the quality of training offered; or
(B)
is making progress toward the accreditation, as determined by the nationally recognized accrediting agency or association.
(b)

Authorization of Appropriations.—
There are authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years 1996 through 2023. Amounts appropriated pursuant to this section shall be held and considered to have been granted to 1994 Institutions to establish an endowment pursuant to subsection (c).
(c)

Endowment.—
(1)

In general.—
In accordance with this subsection, the Secretary of the Treasury shall establish a 1994 Institutions Endowment Fund (hereafter in this subsection referred to as the “endowment fund”). The Secretary may enter into such agreements as are necessary to carry out this subsection.
(2)

Deposit to the endowment fund.—
The Secretary shall deposit in the endowment fund any—
(A)
amounts made available by appropriations pursuant to subsection (b) (hereafter in this subsection referred to as the “endowment fund corpus”); and
(B)
interest earned on the endowment fund corpus.
(3)

Investments.—
The Secretary shall invest the endowment fund corpus and income in interest-bearing obligations of the United States.
(4)

Withdrawals and expenditures.—
The Secretary may not make a withdrawal or expenditure from the endowment fund corpus. On the termination of each fiscal year, the Secretary shall withdraw the amount of the income from the endowment fund for the fiscal year, and after making adjustments for the cost of administering the endowment fund, distribute the adjusted income as follows:
(A)
60 percent of the adjusted income shall be distributed among the 1994 Institutions on a pro rata basis. The proportionate share of the adjusted income received by a 1994 Institution under this subparagraph shall be based on the Indian student count (as defined in section 390(3) of the Carl D. Perkins Vocational and Applied Technology Education Act, as such section was in effect on the day preceding the date of enactment of the Carl D. Perkins Vocational and Applied Technology Education Amendments of 1998) for each 1994 Institution for the fiscal year5.
^5
Section 7201(b) of the Farm Security and Rural Investment Act of 2002 (Public Law 107–171; 116 Stat. 436) attempted to amend suparagraph (A) by striking “(as defined in section 390(3) of the Carl D. Perkins Vocational and Applied Technology Education Act, as such section was in effect on the day preceding the date of enactment of the Carl. D. Perkins Vocational and Applied Technology Education Amendments of 1998 (Oct. 31, 1998)) for each 1994 Institution for the fiscal year” and inserting “(as defined in section 2(a) of the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 1801(a)))”. The amendment could not be executed because the phrase “(Oct. 31, 1998)” in the matter purported to be struck does not appear in the actual law. Section 941(k)(2)(A) of the Higher Education Opportunity Act (Public Law 110–315; 122 Stat. 3465) amended section 533(c)(4)(A) of the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note) by striking “Tribally Controlled College or University Assistance Act of 1978” and inserting “Tribally Controlled Colleges and Universities Assistance Act of 1978”.
(B)
40 percent of the adjusted income shall be distributed in equal shares to the 1994 Institutions.
(d)

Memorandum of Agreement.—
Not later than January 6, 1997, the Secretary shall develop and implement a formal memorandum of agreement with the 1994 Institutions to establish programs to ensure that tribally controlled colleges and Native American communities equitably participate in Department of Agriculture employment, programs, services, and resources.
SEC. 534.
[7 U.S.C. 301 note]

APPROPRIATIONS.
(a)

Authorization of Appropriations.—
(1)

In general.—
For fiscal year 1996, and for each fiscal year thereafter, there are authorized to be appropriated to the Department of the Treasury an amount equal to—
(A)
$100,000; multiplied by
(B)
the number of 1994 Institutions.
(2)

Payments.—
For each fiscal year, the Secretary of the Treasury shall pay to the treasurer of each 1994 Institution an amount equal to—
(A)
the total amount made available by appropriations pursuant to paragraph (1); divided by
(B)
the number of 1994 Institutions.
(3)

Use of funds; requirements.—
(A)

In general.—
Except as provided in subparagraph (B), the amounts authorized to be appropriated under this subsection shall be used in the same manner as is prescribed for colleges under the Act of August 30, 1890 (26 Stat. 417, chapter 841; 7 U.S.C. 321 et seq.) (commonly known as the Second Morrill Act), and, except as otherwise provided in this subsection, the requirements of such Act shall apply to 1994 Institutions.
(B)

Redistribution.—
Funds that would be paid to a 1994 Institution under paragraph (2) shall be withheld from that 1994 Institution and redistributed among the other 1994 Institutions if that 1994 Institution—
(i)
declines to accept funds under paragraph (2); or
(ii)
fails to meet the accreditation requirements under section 533(a)(3).
(b)

Funding.—
[Amended section 3 of the Act of May 8, 1914 (38 Stat. 373, chapter 79; 7 U.S.C. 343)]
SEC. 535.
[7 U.S.C. 301 note]

INSTITUTIONAL CAPACITY BUILDING GRANTS.
(a)

Definitions.—
As used in this section:
(1)

Federal share.—
The term “Federal share” means, with respect to a grant awarded under subsection (b), the share of the grant that is provided from Federal funds.
(2)

Non-federal share.—
The term “non-Federal share” means, with respect to a grant awarded under subsection (b), the matching funds paid with funds other than funds referred to in paragraph (1), as determined by the Secretary.
(3)

Secretary.—
The term “Secretary” means the Secretary of Agriculture.
(b)

In General.—
(1)

Institutional capacity building grants.—
For each of fiscal years 1996 through 2023, the Secretary shall make two or more institutional capacity building grants to assist 1994 Institutions with constructing, acquiring, and remodeling buildings, laboratories, and other capital facilities (including fixtures and equipment) necessary to conduct instructional activities more effectively in agriculture and sciences.
(2)

Requirements for grants.—
The Secretary shall make grants under this section—
(A)
on the basis of a competitive application process under which appropriate officials of 1994 Institutions may submit applications to the Secretary in such form and manner as the Secretary may prescribe; and
(B)
in such manner as to ensure geographic diversity with respect to the 1994 Institutions that are the subject of the grants.
(3)

Demonstration of need.—
The Secretary shall require, as part of an application for a grant under this subsection, a demonstration of need. The Secretary may only award a grant under this subsection to an applicant that demonstrates a failure to obtain funding for a project after making a reasonable effort to otherwise obtain the funding.
(4)

Payment of non-federal share.—
A grant awarded under this subsection shall be made only if the recipient of the grant pays a non-Federal share in an amount specified by the Secretary.
(c)

Authorization of Appropriations.—
There are authorized to be appropriated to the Department of Agriculture to carry out this section, such sums as are necessary for each of fiscal years 2002 through 2023.
SEC. 536.
[7 U.S.C. 301 note]

RESEARCH GRANTS.
(a)

Research Grants Authorized.—
The Secretary of Agriculture may make grants under this section, on the basis of a competitive application process (and in accordance with such regulations as the Secretary may promulgate), to a 1994 Institution to assist the Institution to conduct agricultural research that addresses high priority concerns of tribal, national, or multistate significance.
(b)

Requirements.—
Grant applications submitted under this section shall certify that the research to be conducted will be performed under a cooperative agreement with—
(1)
the Agricultural Research Service of the Department of Agriculture; or
(2)
at least 1—
(A)
other land-grant college or university (exclusive of another 1994 Institution);
(B)
non-land-grant college of agriculture (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103)); or
(C)
cooperating forestry school (as defined in that section).
(c)

Authorization of Appropriations.—
There are authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years 1999 through 2023. Amounts appropriated shall remain available until expended.
PART D—

WORKERS TECHNOLOGY SKILL DEVELOPMENT
SEC. 541.
[29 U.S.C. 2701 note]

SHORT TITLE.
This part may be cited as the “Workers Technology Skill Development Act”.
SEC. 542.
[29 U.S.C. 2701]

FINDINGS.
The Congress finds and declares the following:
(1)
In an increasingly competitive world economy, the companies and nations that lead in the rapid development, commercialization, and application of new and advanced technologies, and in the high-quality, competitively priced production of goods and services, will lead in economic growth, employment, and high living standards.
(2)
While the United States remains the world leader in science and invention, it has not done well in rapidly making the transition from achievement in its research laboratories to high-quality, competitively priced production of goods and services. This lag and the unprecedented competitive challenge that the United States has faced from abroad have contributed to a drop in real wages and living standards.
(3)
Companies that are successfully competitive in the rapid development, commercialization, application, and implementation of advanced technologies, and in the successful delivery of goods and services, recognize that worker participation and labor-management cooperation in the deployment, application, and implementation of advanced workplace technologies make an important contribution to high-quality, competitively priced production of goods and services and in maintaining and improving real wages for workers.
(4)
The Federal Government has an important role in encouraging and augmenting private sector efforts relating to the development, application, manufacture, and deployment of new and advanced technologies. The role should be to—
(A)
work with private companies, States, worker organizations, nonprofit organizations, and institutions of higher education to ensure the development, application, production, and implementation of new and advanced technologies to promote the improvement of workers' skills, wages, job security, and working conditions, and a healthy environment;
(B)
encourage worker and worker organization participation in the development, commercialization, evaluation, selection, application, and implementation of new and advanced technologies in the workplace; and
(C)
promote the use and integration of new and advanced technologies in the workplace that enhance workers' skills.
(5)
In working with the private sector to promote the technological leadership and economic growth of the United States, the Federal Government has a responsibility to ensure that Federal technology programs help the United States to remain competitive and to maintain and improve living standards and to create and retain secure jobs in economically stable communities.
SEC. 543.
[29 U.S.C. 2702]

PURPOSES.
The purposes of this part are to—
(1)
improve the ability of workers and worker organizations to recognize, develop, assess, and improve strategies for successfully integrating workers and worker organizations into the process of evaluating, selecting, and implementing advanced workplace technologies, and advanced workplace practices in a manner that creates and maintains stable well-paying jobs for workers; and
(2)
assist workers and worker organizations in developing the expertise necessary for effective participation with employers in the development of strategies and programs for the successful evaluation, selection, and implementation of advanced workplace technologies and advanced workplace practices through the provision of a range of education, training, and related services.
SEC. 544.
[29 U.S.C. 2703]

DEFINITIONS.
As used in this part:
(1)

Advanced workplace practices.—
The term “advanced workplace practices” means innovations in work organization and performance, including high-performance workplace systems, flexible production techniques, quality programs, continuous improvement, concurrent engineering, close relationships between suppliers and customers, widely diffused decisionmaking and work teams, and effective integration of production technology, worker skills and training, and workplace organization, and such other characteristics as determined appropriate by the Secretary of Labor, in consultation with the Secretary of Commerce.
(2)

Advanced workplace technologies.—
The term “advanced workplace technologies” includes—
(A)
numerically controlled machine tools, robots, automated process control equipment, computerized flexible manufacturing systems, associated computer software, and other technology for improving the manufacturing and industrial production of goods and commercial services, which advance the state-of-the-art; or
(B)
novel industrial and commercial techniques and processes not previously generally available that improve quality, productivity, and practices, including engineering design, quality assurance, concurrent engineering, continuous process production technology, inventory management, upgraded worker skills, communications with customers and suppliers, and promotion of sustainable economic growth.
(3)

Department.—
The term “Department” means the Department of Labor.
(4)

Nonprofit organization.—
The term “nonprofit organization” means a tax-exempt organization, as described in paragraph (3), (4), or (5) of section 501(c) of the Internal Revenue Code of 1986.
(5)

Secretary.—
The term “Secretary” means the Secretary of Labor.
(6)

Worker organization.—
The term “worker organization” means a labor organization within the meaning of section 501(c)(5) of the Internal Revenue Code of 1986.
SEC. 545.
[29 U.S.C. 2704]

GRANTS.
(a)

In General.—
The Secretary of Labor, after consultation with the Secretary of Commerce, shall, to the extent appropriations are available, award grants to eligible entities to carry out the purposes described in section 543.
(b)

Eligibility.—
To be eligible to receive a grant under this section, an entity shall—
(1)
be a nonprofit organization, or a partnership consortium of such organizations;
(2)
prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a description of the activities that the entity will carry out using amounts received under the grant; and
(3)
agree to make available (directly or through donations from public or private entities) non-Federal contributions toward the costs of the activities to be conducted with grant funds, in an amount equal to the amount required under subsection (d).
(c)

Use of Amounts.—
An entity shall use amounts received under a grant awarded under this section to carry out the purposes described in section 543 through activities such as—
(1)
the provision of technical assistance to workers, worker organizations, employers, State economic development agencies, State industrial extension programs, Advanced Technology Centers, and National Manufacturing Technology Centers to identify advanced workplace practices and strategies that enhance the effective evaluation, selection, and implementation of advanced workplace technologies;
(2)
the researching and identification of new and advanced workplace technologies, and advanced workplace practices that promote the improvement of workers' skills, wages, working conditions, and job security, that research the link between advanced workplace practices and long-term corporate performance, and which are consistent with the needs of local communities and the need for a healthy environment; and
(3)
the development and dissemination of training programs and materials to be used for and by workers, worker organizations, employers, State economic development agencies, State industrial extension programs, Advanced Technology Centers, and National Manufacturing Technology Centers relating to the activities and services provided pursuant to paragraphs (1) and (2), and regarding successful practices including practices which address labor-management cooperation and the involvement of workers in the design, development, and implementation of workplace practices and technologies.
(d)

Terms of Grants and Non-Federal Shares.—
(1)

Terms.—
Grants awarded under this section shall be for a term not to exceed six years.
(2)

Non-federal share.—
Amounts required to be contributed by an entity under subsection (b)(3) shall equal—
(A)
an amount equal to 15 percent of the amount provided under the grant in the first year for which the grant is awarded;
(B)
an amount equal to 20 percent of the amount provided under the grant in the second year for which the grant is awarded;
(C)
an amount equal to 33 percent of the amount provided under the grant in the third year for which the grant is awarded;
(D)
an amount equal to 40 percent of the amount provided under the grant in the fourth year for which the grant is awarded; and
(E)
an amount equal to 50 percent of the amount provided under the grant in the fifth and sixth years for which the grant is awarded.
(e)

Evaluation.—
The Department shall develop mechanisms for evaluating the effectiveness of the use of a grant awarded under this section in carrying out the purposes under section 543 and, not later than two years after the date of enactment of this Act, and every two years thereafter, prepare and submit a report to Congress concerning such evaluation.
SEC. 546.
[29 U.S.C. 2705]

IDENTIFICATION AND DISSEMINATION OF BEST PRACTICES.
(a)

In General.—
(1)

Information.—
The Secretary, in cooperation and after consultation with the Secretary of Commerce, shall assist workers, worker organizations, and employers in successfully adopting advanced workplace technologies, and advanced workplace practices by identifying, collecting, and disseminating information on best workplace practices and workplace assessment tools, including—
(A)
methods, techniques, and successful models of labor-management cooperation and of worker and worker organization participation in the development, evaluation, selection, and implementation of new and advanced workplace technologies, and advanced workplace practices;
(B)
methods, techniques, and successful models for the design and implementation of new and advanced workplace practices;
(C)
methods, techniques, and successful models for the design and implementation of advanced forms of work organization; and
(D)
methods, techniques, and successful models for the assessment of worker skills and training needs relating to the effective development, evaluation, selection, and implementation of advanced workplace technologies, and advanced workplace practices.
(2)

Contents.—
Such information on best workplace practices shall include—
(A)
summaries and analyses of best practice cases;
(B)
criteria for assessment of current workplace practices; and
(C)
information on the best available education and training materials and services relating to the development, implementation, and operation of systems utilizing new and advanced workplace technologies, and advanced workplace practices.
(b)

Distribution.—
The information and materials developed under this section shall be distributed through an appropriate entity designated by the Secretary of Commerce to the Regional Centers for the Transfer of Manufacturing Technology, to the Manufacturing Outreach Center, to other technology training entities, and directly to others as determined appropriate by the Secretary of Labor and the Secretary of Commerce.
SEC. 547.
[29 U.S.C. 2706]

AUTHORIZATION OF APPROPRIATIONS.
(a)

In General.—
There are authorized to be appropriated to carry out this part such sums as may be necessary for each of the fiscal years 1995 through 1997.
(b)

Availability.—
Amounts appropriated under subsection (a) shall remain available until expended.
PART E—

MULTIETHNIC PLACEMENT
Subpart 1—

Multiethnic Placement
SEC. 551.
[42 U.S.C. 5115a note]

SHORT TITLE.
This subpart may be cited as the “Howard M. Metzenbaum Multiethnic Placement Act of 1994”.
SEC. 552.
[42 U.S.C. 5115a note]

FINDINGS AND PURPOSE.
(a)

Findings.—
The Congress finds that—
(1)
nearly 500,000 children are in foster care in the United States;
(2)
tens of thousands of children in foster care are waiting for adoption;
(3)
2 years and 8 months is the median length of time that children wait to be adopted;
(4)
child welfare agencies should work to eliminate racial, ethnic, and national origin discrimination and bias in adoption and foster care recruitment, selection, and placement procedures; and
(5)
active, creative, and diligent efforts are needed to recruit foster and adoptive parents of every race, ethnicity, and culture in order to facilitate the placement of children in foster and adoptive homes which will best meet each child's needs.
(b)

Purpose.—
It is the purpose of this subpart to promote the best interests of children by—
(1)
decreasing the length of time that children wait to be adopted;
(2)
preventing discrimination in the placement of children on the basis of race, color, or national origin; and
(3)
facilitating the identification and recruitment of foster and adoptive families that can meet children's needs.
[Section 553 was repealed by section 1808(d) of Pub. L. 104–188 (110 Stat. 1904).]
SEC. 554.

REQUIRED RECRUITMENT EFFORTS FOR CHILD WELFARE SERVICES PROGRAMS.
Section 422(b) of the Social Security Act (42 U.S.C. 622(b)) is amended—
(1)
by striking “and” at the end of paragraph (7);
(2)
by striking the period at the end of paragraph (8) and inserting “; and”; and
(3)
by adding at the end the following:
“(9)
provide for the diligent recruitment of potential foster and adoptive families that reflect the ethnic and racial diversity of children in the State for whom foster and adoptive homes are needed.”
.
Subpart 2—

Other Provision
SEC. 555.

EFFECT OF FAILURE TO CARRY OUT STATE PLAN.
(a)

In General.—
Part A of title XI of the Social Security Act (42 U.S.C. 1301–1320b–13) is amended by inserting after section 1122 the following:
“SEC. 1123.

EFFECT OF FAILURE TO CARRY OUT STATE PLAN.
“In an action brought to enforce a provision of the Social Security Act, such provision is not to be deemed unenforceable because of its inclusion in a section of the Act requiring a State plan or specifying the required contents of a State plan. This section is not intended to limit or expand the grounds for determining the availability of private actions to enforce State plan requirements other than by overturning any such grounds applied in Suter v. Artist M., 112 S. Ct. 1360 (1992), but not applied in prior Supreme Court decisions respecting such enforceability; provided, however, that this section is not intended to alter the holding in Suter v. Artist M. that section 471(a)(15) of the Act is not enforceable in a private right of action.”
(b)

Applicability.—
The amendment made by subsection (a) shall apply to actions pending on the date of the enactment of this Act and to actions brought on or after such date of enactment.
PART F—

MISCELLANEOUS
SEC. 561.
[20 U.S.C. 6301 note]

BUDGET COMPLIANCE.
Any authority or requirement to make funds available under this Act shall be effective only to the extent provided in appropriations Acts.
SEC. 562.

DOCUMENTS TRANSMITTED TO CONGRESS.
In documents transmitted to Congress explaining the President's budget request for the Special Education account, the Department of Education shall display amounts included in the request to reflect the incorporation of the program for children with disabilities under part D of chapter 1 of title I of the Elementary and Secondary Education Act of 1965 (as such part was in effect on the day preceding the date of enactment of the Improving America's Schools Act of 1994).
SEC. 563.

VOCATIONAL EDUCATION REGULATIONS.
(a)

In General.—
Notwithstanding any other provision of law, beginning on the date of enactment of this Act, and ending on July 1, 19996 the Department of Education's interpretation of the Carl D. Perkins Vocational and Applied Technology Act relating to—
^6
Section 3(e) of the Carl D. Perkins Vocational and Applied Technology Education Amendments of 1998 (P.L. 105–332; 112 Stat. 3126) amended this section by striking “the date of enactment of an Act reauthorizing the Carl D. Perkins Vocational and Technical Education Act (20 U.S.C. 2301 et seq.)” and inserting “July 1, 1999”. The amendment probably should have been to strike “the date of enactment of an Act reauthorizing the Carl D. Perkins Vocational and Applied Technology Education Act (20 U.S.C. 2301 et seq.)” but was executed to reflect the probable intent of Congress.
(1)
the access or participation of members of special populations in vocational education, including the provision of supplementary services and the cost of such services; and
(2)
the conduct of local evaluations,
that are contained in the final regulations published in the Federal Register on August 14, 1992, shall remain in effect.
(b)

Special Rule.—
The Secretary of Education may not issue additional regulations concerning the final regulations described in subsection (a).
SEC. 564.

RATE OF PAY FOR THE DEPUTY DIRECTOR OF THE NATIONAL INSTITUTE ON DISABILITY AND REHABILITATION RESEARCH.
Notwithstanding section 202(c)(2) of the Rehabilitation Act of 1973 (29 U.S.C. 761a(c)(2)), the Secretary of Education is authorized to compensate any individual appointed during calendar year 1994 to be the Deputy Director of the National Institute on Disability and Rehabilitation Research at the rate of basic pay for a position at ES–5 of the Senior Executive Service Schedule.
SEC. 565.

STUDY.
The Secretary of the Interior shall conduct a study, in consultation with the board of regents of the Haskell Indian Junior College to evaluate the possible need for alternative institutional and administrative systems at Haskell Indian Junior College to support the transition of such college to a four year university. If the study's conclusions require legislation to be implemented, the study shall be accompanied by appropriate draft legislation. Such study shall be transmitted to the Committee on Indian Affairs of the Senate and the Committee on Education and Labor of the House of Representatives by June 1, 1995.
SEC. 566.
[25 U.S.C. 2001 note]

THERAPEUTIC MODEL DEMONSTRATION SCHOOLS.
(a)

Authorization.—
(1)

In general.—
The Secretary of the Interior, acting through the Bureau of Indian Affairs, is authorized to establish demonstration schools, based on the therapeutic model described in this section, to provide services necessary to achieve positive changes in the attitudes, behavior, and academic performance of Indian youth attending off-reservation boarding schools.
(2)

Purpose.—
The purpose of the therapeutic model demonstration schools is—
(A)
to provide a program, based on an annual written plan, linking clinicians, counselors, and mental health professionals with academic program personnel in a culturally sensitive residential program tailored to the particular needs of Indian students;
(B)
to provide for a continued evaluation of the planning and implementation of the therapeutic model in the designated schools; and
(C)
to determine what steps the Bureau of Indian Affairs must take and what resources are required to transform existing off-reservation boarding schools to meet the needs of chemically dependent, emotionally disturbed, socially troubled, or other at-risk Indian youth who attend such schools.
(b)

Location.—
The Secretary shall initiate the therapeutic model at two schools during school years 1994 through 1996, and shall give priority to—
(1)
one school that is the recipient of a grant under section 5204 of the August F. Hawkins-Robert T. Stafford Elementary and Secondary School Improvement Amendments of 1988 during the 1994–1995 school year; and
(2)
one school operated by the Bureau of Indian Affairs during the 1995–1996 school year.
(c)

Services.—
The demonstration schools shall provide an integrated residential environment that may include—
(1)
mental health services;
(2)
education;
(3)
recreation therapy;
(4)
social service programs;
(5)
substance abuse education and prevention; and
(6)
other support services for aftercare.
(d)

Staffing.—
The demonstration schools shall be staffed with health and social service professionals, and educators, and may include—
(1)
clinical psychologists;
(2)
child psychologists;
(3)
substance abuse counselors;
(4)
social workers; and
(5)
health educators.
(e)

Enrollment.—
Notwithstanding any other provision of law, the Secretary of the Interior may limit the enrollment at the demonstration schools.
(f)

Assistance.—
The Secretary is authorized to enter into agreements with other organizations and agencies, including the Indian Health Service, to carry out this section.
(g)

Report.—
Not later than July 31 of each year, the Secretary of the Interior shall submit a report to the Committee on Indian Affairs of the Senate and the Committee on Education and Labor of the House of Representatives on the progress of the Department of the Interior in the development of the demonstration schools.
SEC. 567.

IMPACT AID WAIVER.
In carrying out section 14(c) of the Act of September 23, 1950 (Public Law 815, 81st Congress) (20 U.S.C. 644(c)) the Secretary shall waive any amount of local effort in excess of $200,000 that would otherwise be required under paragraphs (3) and (4) of such section and any regulations issued thereunder, in awarding funds to the Winona R–III School District, Missouri, with respect to its application #MO–86–C–3601A36.
SEC. 568.
[15 U.S.C. 1 note]

APPLICATION OF THE ANTITRUST LAWS TO AWARD OF NEED-BASED EDUCATIONAL AID.
(a)

Temporary Exemption.—
It shall not be unlawful under the antitrust laws for 2 or more institutions of higher education at which all students admitted are admitted on a need-blind basis, to agree or attempt to agree—
(1)
to award such students financial aid only on the basis of demonstrated financial need for such aid;
(2)
to use common principles of analysis for determining the need of such students for financial aid if the agreement to use such principles does not restrict financial aid officers at such institutions in their exercising independent professional judgment with respect to individual applicants for such financial aid; or
(3)
to use a common aid application form for need-based financial aid for such students if the agreement to use such form does not restrict such institutions in their requesting from such students, or in their using, data in addition to the data requested on such form.
(b)

Limitations.—
Subsection (a) shall not apply with respect to—
(1)
any financial aid or assistance authorized by the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.); or
(2)
any contract, combination, or conspiracy with respect to the amount or terms of any prospective financial aid award to a specific individual.
(c)

Definitions.—
For purposes of this section—
(1)
the term “alien” has the meaning given such term in section 101(3) of the Immigration and Nationality Act (8 U.S.C. 1101(3));
(2)
the term “antitrust laws” has the meaning given such term in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12(a)), except that such term includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent such section applies to unfair methods of competition;
(3)
the term “institution of higher education” has the meaning given such term in section 1201(a) of the Higher Education Act of 1965 (20 U.S.C. 1141(a));
(4)
the term “lawfully admitted for permanent residence” has the meaning given such term in section 101(20) of the Immigration and Nationality Act (8 U.S.C. 1101(20));
(5)
the term “national of the United States” has the meaning given such term in section 101(22) of the Immigration and Nationality Act (8 U.S.C. 1101(22));
(6)
the term “on a need-blind basis” means without regard to the financial circumstances of the student involved or the student's family; and
(7)
the term “student” means, with respect to an institution of higher education, a national of the United States or an alien admitted for permanent residence who is admitted to attend an undergraduate program at such institution on a full-time basis.
(d)

Expiration.—
Subsection (a) shall expire on September 30, 2022.
(e)

Related Amendments.—
The Higher Education Amendments of 1992 (Public Law 102–325) is amended—
(1)
in the table of contents by striking the matter relating to section 1544, and part F of title XV, of such Act; and
(2)
by striking part F of title XV of such Act.
SEC. 569.

DETERMINATION FOR FISCAL YEAR 1994.
Notwithstanding the proviso referring to section 3(d)(2)(B) of Public Law 81–874 under the following heading “IMPACT AID” under title III of the Departments of Labor, Health and Human Services and Education, and Related Agencies Appropriations Act of 1994, or any provision of paragraph (2) of section 3(d) of such Public Law which is consistent with this proviso, determinations regarding the eligibility for an amount of payments under section 3(d)(2)(B) of such Public Law for fiscal year 1994 shall be made on the basis of 1994 data, and related Department regulations in effect during fiscal year 1992 shall be used in the tabulation of payments.