[Congressional Record Volume 140, Number 25 (Wednesday, March 9, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: March 9, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
               amendment offered by mr. miller of florida

  Mr. MILLER of Florida. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Miller of Florida: Beginning on 
     page 240, strike line 1 and all that follows through line 4 
     on page 264 (and redesignate the subsequent subparts 
     accordingly).
       Beginning on page 264, strike line 5 and all that follows 
     through line 4 on page 272 (and redesignate the subsequent 
     subparts accordingly).
       Beginning on page 284, strike line 9 and all that follows 
     through line 5 on page 290 (and redesignate the subsequent 
     subparts accordingly).
       Beginning on page 290, strike line 6 and all that follows 
     through line 7 on page 293.

  Mr. MILLER of Florida. Mr. Chairman, this amendment would simply 
eliminate $550 million per year in new spending added by the Education 
and Labor Committee--$550 million in redundant spending which has not 
even been requested by President Clinton in his budget.
  This amendment represents one small step in my continuing efforts 
with my colleague from Ohio, Mr. Boehner, to achieve a fiscally 
responsible education bill.
  It is hard to argue against spending money for education. This is a 
motherhood and apple pie type of issue. Ultimately, the deterioration 
of our educational system is one of the root causes of so many problems 
in our society, including escalating crime, the destruction of the 
family, drug abuse, teen pregnancy and welfare dependency.

  But is more government the only solution, or is it part of the 
problem? I might note in passing that the more this Congress does to 
improve the American Education System, the more our children's 
education seems to deteriorate. Unlike some Members of this body, I do 
not believe that Federal spending, per se, is the key to improving 
education. Real reform should allow local school officials and parents 
the flexibility and choices to meet the goals and needs unique to their 
local educational system. As much as some in Congress and the Federal 
Government may like to think so, we are not smarter or wiser than the 
parents and teachers who are, and should be, responsible for the 
education of individual children.
  Buried in this proposed legislation are a number of unnecessary 
spending programs, duplicative spending programs, wasteful spending 
programs, and bureaucratic mandates on local school officials. Contrary 
to what you may be hearing, none of these things will result in better 
education. Can we really afford, once again, to just throw money that 
we don't have at the problem?
  In this amendment, we propose removing the Technology Assistance, 
Technology Research and Development, Educational Technology Products 
and Library Media Programs. These brand new programs total over $550 
million.
  I have great respect for the need to fund education whether it is 
Head Start, K through 12, or higher education. I have two kids 
currently in college. I spent 10 years as a college student earning 
three university degrees. And I was an assistant professor of 
quantitative methods, teaching computer applications to MBA students. I 
recognize the importance of technology in education. But as a fiscal 
conservative, I cannot justify $550 million of new spending of money we 
don't have, for a program that is already funded by chapter II funds. I 
am not opposed to the goals or objectives, I just believe we must set 
priorities on spending.
  The first argument in favor of my amendment is simple: This is new 
spending, not requested by the President.
  Tomorrow, we will debate and vote on the 1994-95 budget--$1.5 
trillion of spending and a deficit of $176 billion. Fortunately, the 
deficit is lower than last year, but by the end of this decade, it will 
be growing back toward $300 billion. We have no plans to control 
spending, but today we are adding $1.86 billion of new spending 
authorization that President Clinton did not request.
  Next week, we will debate and hopefully pass, a balanced budget 
amendment. The only way to balance the budget is to control spending, 
yet this bill we are debating today increases spending. As important as 
education is, we cannot keep borrowing and going into debt. With major 
health care and crime legislation before us this year, we must set 
priorities. We cannot just spend, spend, spend--particularly when title 
II of this legislation already contains funding for the programs. 
Reinstated by the committee, title II authorizes $435 million in block 
grants for school reforms and improvements through the purchase of 
technology and media services. The program funding I would eliminate is 
redundant with other provisions of the bill.
  We love to talk about deficit reduction, but here is where the tough 
choices must be made. We have no other choice--must get serious about 
deficit spending. If you are serious about balancing the budget--if you 
plan to vote for the balanced budget amendment, as I do--you will vote 
to trim these unnecessary expenditures from H.R. 6.
  The second reason to support this amendment: These new categorical 
programs will weaken the very successful and popular chapter II 
program. Chapter II is immensely popular because it is not 
bureaucratic, and is based on the fact that local educators and parents 
are the best authorities on the particular needs and priorities of 
their school district. Created by the Reagan administration in the 
early 1980's, chapter II lets the LEA's decide how to best invest scare 
dollars to improve their education programs. Chapter II money can be 
and is used for exactly the same goals of these technology library 
programs.
  The Federal Government provides almost 50 percent of all funds used 
to purchase software and hardware today in K-12. An enhanced chapter 
II, as proposed by my Republican colleagues, will accomplish the same 
goals, but with far less bureaucracy and redundant programs.
  The new technology/library programs were added to H.R. 6 to replace 
chapter II. When chapter II was added back, the new technology/library 
programs were no longer needed, but were kept, thus creating redundant 
programs. They are both going to compete for scare Federal dollars and 
probably both will be underfunded. To maintain a strong chapter II, 
let's not have these competing library/technology programs.
  Third and finally, these programs I propose to delete take a very 
bureaucratic approach, often tying the hands of local educators. If you 
think health alliances are complex and bureaucratic, you should look at 
the complexity and bureaucracy of the new technology programs--44 pages 
of bureaucratic programs.
  Fortunately, this is not an unfunded mandate since we allow 10 
percent for State and local bureaucracies. While this is elementary and 
secondary education, only 70 percent of the technology dollars go to K-
12 since 20 percent goes to higher education and 10 percent to public 
libraries.
  These new programs single out Library Media Services and Technology 
Assistance for funding, denying, therefore, schools that need services 
other than technology assistance or library services. Creating these 
new programs moves us inch by inch closer to dictating how the local 
school districts spend every cent of Federal funds to improve their 
schools. I'm reminded of what one of the superintendents in my district 
told me last week, ``The Federal Government is not the local school 
board.''
  A vote for this amendment is not a vote against education spending. 
It is a vote against unnecessary and redundant education spending. By 
supporting our efforts to simplify H.R. 6, you will reaffirm our 
commitment to fiscal sanity, and you will give local educators the 
flexibility they deserve to decide what to purchase to improve their 
school.
  Mr. KILDEE. Mr. Chairman, I rise in opposition to the amendment.
  Mr. Chairman, the gentleman's amendment would strike key portions of 
title 2 which are designed to increase opportunities for students to 
achieve high standards and to prepare for the 21st century. 
Specifically, the amendment would strike provisions on technology 
education, library media services, and Federal leadership technology. 
Providing teachers with opportunities to become more proficient in 
using technology as an educational tool is very, very important.
  The gentleman's amendment would strike the Office of Technology 
Education, which is supported by the administration and for which the 
administration has requested funding.
  Now, I ask the Members to listen to this: The amendment would strike 
assistance to libraries. The average copyright date of a book in the 
libraries of the schools in our country is 1965. Let me repeat: 1965 is 
the average copyright date of the books in our schools. That was before 
we landed a man on the moon. We are asking our kids to do their 
research, prepare their reports, and educate themselves, using books 
that we would hardly use here to do our research. It goes back to 1965.
  This is an investment. The gentleman in his amendment is asking us to 
strike an investment in education.
  Mr. Chairman, this program would have to compete with all the other 
programs before the Appropriations Committee, and we know that. But for 
heaven's sake, let us compete before the Appropriations Committee to 
get some up-to-date books and technologies in our schools.
  [Mr. GOODLING addressed the House. His remarks will appear hereafter 
in the Extensions of Remarks.]
  Mr. REED. Mr. Chairman, I move to strike the requisite number of 
words, and I rise in opposition to this amendment.
  Mr. Chairman, this amendment seems to be terribly misguided, 
particularly when it comes to striking out funds for libraries, school 
libraries, to purchase books.
  We in this country have had, fortunately, a historically long-term 
regard for education, for libraries, and for books, going back to 
Jefferson, who said, ``I cannot live without books.''
  The sad truth is that today too many children in our schools are 
living without up-to-date modern books, and too many schools are unable 
to purchase the new means of communication, the computer programs, and 
the advanced media materials.
  This legislation would give our schools the chance to do that, and I 
cannot think of a wiser investment than giving local schools resources 
to buy books and buy materials so that young people can learn.
  Let me just step back historically. There was a targeted library 
acquisition provision in the original Elementary and Secondary 
Education Act of 1965. That is why the copyright average date of school 
books in the United States is about 1965, because the Federal 
Government was able to assist the communities in exactly the right kind 
of partnership.
  Let them pick the books, let them have the programs, but give them 
some support. What happened is that in the 1980's this targeted program 
was put into a block grant. As a result, it competed against all the 
other programs, and libraries suffered dramatically, and today, if you 
go into a library in a school, you are likely to see old books. In my 
community you are likely to see libraries that have been crowded out of 
classrooms and into hallways.
  We have to do something. This legislation is a positive, 
constructive, and sensible step to help our libraries. They are facing 
tremendous odds. The average per-pupil expenditure in 1989 and 1990 for 
library books in schools is $5.48, and that is about half the average 
cost of a children's book.
  How can they replenish their supplies if we do not give them some 
extra help? School library media expenditures fell about 16 percent 
since 1978 and 1979, when we abandoned this particular provision in the 
Elementary and Secondary Education Act. At the same time the cost of 
books has increased about 140 percent. We have to do something.
  This is particularly the case in those rural schools that cannot draw 
on a strong property tax base to fund library acquisitions. In urban 
schools there is a crisis for the same reason.
  Libraries do make a difference when it comes to education. According 
to a 1992 study in Colorado, test scores rise and fall with the 
fortunes of library programs. School Match, a company in Ohio that 
provides information on school districts to people who move into an 
area, found that there is a strong correlation between library 
expenditures and student achievement and student performance.

                              {time}  1250

  The purpose of this legislation today is to return to the spirit, and 
indeed the text of the 1965 act, where we give schools resources to go 
out and buy library books and academic media.
  This bill has widespread bipartisan support, 66 cosponsors, including 
the gentleman from Wisconsin [Mr. Petri], the gentlewoman from Hawaii 
[Mrs. Mink], across the country. It has got more cosponsors than any 
other reauthorization proposal, 68. And that I think speaks highly for 
the merits of this provision and why today we should reject this 
amendment.
  But let me give you some very practical examples of what the 
libraries of America look like, the school libraries.
  Students at a school in Peoria, AZ, had to rely upon a U.S. 
Constitution published in 1924 with a snappy introduction by President 
Calvin Coolidge. I just hope they did not have to do any research on 
amendments 20 through 26, which have been passed since 1924.
  There are books in school libraries with titles like ``Our Friends 
the Germs'' and ``Some Day Man Will Land on the Moon.'' That day has 
come, and I think our children should be able to realize that.
  I received a letter from a librarian in Melbourne, FL, who noted that 
80 percent of her nonfiction collection was over 15 years old, 74 
percent was over 25 years old. And how can we achieve these vaunted 
national educational standards if children are looking at materials 
that are 25 years old?
  In Austin, TX, a shrinking book budget for public school libraries 
resulted in many outdated books, including a title recently removed 
called ``Asbestos: A Magic Mineral.''
  It would cost about $3.5 million to bring the district libraries in 
that area up-to-date. We have to do more.
  The CHAIRMAN. The time of the gentleman from Rhode Island [Mr. Reed] 
has expired.
  (By unanimous consent, Mr. Reed was allowed to proceed for 2 
additional minutes.)
  Mr. REED. Mr. Chairman, we have to do more. This measure establishes 
a funding level that is sufficient at best. In 1980, the last year this 
was an authorized and funded program under the original Elementary and 
Secondary Act, the program received $161 million. We are asking for 
about $200 million and, with inflation, that is barely what it was back 
in 1980.
  It is not a new program. It is a program that was initiated in 1965 
and should be continued today. It is a program that I think is the 
common sense way to approach education reform. Give young people the 
chance to read up-to-date, modern books, to purchase modern media, to 
come in to the 20th century and prepare for the 21st century.
  I very strongly object to this amendment for the reasons I have 
outlined. We all want to tighten our belts, but I do not think we want 
to tighten them so hard and so fast that we cut off the blood to the 
brain and do something silly. And telling young people and librarians, 
schools across this country, that we will not help them buy library 
books so young people can read them, can develop the love of books that 
Jefferson had, is something terribly silly. I oppose this amendment and 
ask all Members to join me in such opposition.
  Mr. BOEHNER. Mr. Chairman, I move to strike the requisite number of 
words. I rise today to support Mr. Miller's amendment. I understand 
that there is a desire among school districts for more technology in 
the classroom and more services for their libraries. I acknowledge that 
we are in the midst of the information age and technology can greatly 
benefit our children. The question is, what should the Federal role be 
in delivering these services?
  One way is represented by the current language in the bill. We are 
setting up four new programs dealing with technology. Each has their 
own authorization, their own bureaucracy, and their own redtape.
  Another way is represented by the current process. Technology and 
library services are already covered by the $435 million chapter 2 
program. Let me say it again, technology and library services are 
already covered by chapter 2. This program gives States and school 
district's the flexibility to solve their own problems and set their 
own priorities. In fact, it is the direction that the entire bill 
should go in. In any case, there is no reason why we should fund the 
technology and library programs with separate bureaucracies and 
separate authorizations.
  There is also another issue at play. As I have stated before, we have 
to streamline this bill. There are currently 61 programs in the 
Elementary and Secondary Education Act. There were 26 programs in the 
Clinton administration's proposal for this reauthorization. We are now 
back up to 48 programs, and climbing. Lowering the number of programs 
in ESEA will help increase the chance that chapter 2 will be funded 
closer to its authorization, which will in turn help school districts 
fund these services if they are indeed their priorities.
  We need to ask ourselves several questions:
  Do we really expect the Appropriations Committee to fund the 
Technology Education Assistance Program at an amount anywhere near its 
$300 million authorization? Do we really expect the same of the $200 
million Library Media Services Program? And if they are funded at these 
amounts, what other programs will have to suffer? Are we willing to 
take money away from title I or professional development?
  As I have said before, we must have focus to the ESEA, and these 
programs disrupt that focus. The larger the number of programs, the 
more diluted is the funding. We are doing no one any favors by creating 
program after program in order to satisfy specific concerns. We need 
broader programs which allow school districts to address their 
priorities. This amendment would help accomplish this which is why I 
urge its adoption.
  Mr. Chairman, if you listen to the debate that has gone on here for 
some time, you would think from the other side we are trying to 
eliminate these services. We are not. We are trying to say let them be 
funded out of title II and let local districts have the flexibility to 
make those decisions on their own. It is not that we are against 
libraries and technology services. What we are against is a continuing 
proliferation of programs diluting the focus of this piece of 
legislation.
  I would also add that as we continue to debate this piece of 
legislation, the focus we are trying to have here is to give districts 
more flexibility, not less. And the more programs we continue to 
create, the focus goes away and goes away.
  I do not think it is a good use of our resources. I think the 
gentleman from Florida [Mr. Miller] has a good amendment, and we ought 
to adopt it.
  Mr. SAWYER. Mr. Chairman, I move to strike the requisite number of 
words.
  Mr. Chairman, I rise in opposition to the Boehner-Miller amendment 
and I urge my colleagues to consider the crucial importance of ensuring 
that students have access to tools of learning that have the greatest 
potential for increasing student achievement.
  The capabilities of educational technology are practically limitless. 
Just 20 years ago, schools were organized around the mastery of basic 
skills. Today, that is simply not enough to keep pace with the rapid 
pace of change. To learn the kind of skills they will need in the 
future, students need to synthesize and analyze vast amounts of 
information. They need to learn how to keep learning. They will not be 
able to do that with today's textbooks, and although the delivery of 
updated curriculum through textbooks is improving, they will never have 
the power--and the relevance to the lives of students--that educational 
technology does.
  The measure I sponsored in H.R. 6 recognizes a simple reality--that 
is, if we are going to require that students meet world-class content 
and performance standards, they ought to have the tools they need to 
meet them. Students and schools do not have those tools now:
  More than 50 percent of computers in classrooms are 5 years old, 
which means they cannot process video or graphic information.
  Only 10 percent of teachers have a phone line in their classroom.
  Only 4 percent have modems which link computers with phone lines.
  Most schools cannot afford educational technology, and many, many 
schools purchase technology that is already obsolete by the time it 
gets in the class.
  Part B of title II will help to change that by authorizing a small 
amount--$300 million--of venture capital that will encourage State and 
local school districts, private industry, and foundations to form 
partnerships that will build capacity that is adaptable to future 
needs. In fact, to receive funds under this provision, States will have 
to describe in their application other sources of funding they will use 
to supplement Federal funds. This is not a single-source Federal effort 
to fund technology in schools. It will take much more than we can ever 
offer. It is an investment in planning, financing, and capacity 
building.
  I would like to make two other important points. This educational 
technology program is closely linked with the Dwight D. Eisenhower 
Professional Development Program. The relationship between these 
sections is critical. The absence of rigorous teacher training will 
blunt the potential of educational technology. Second, once this 
education technology makes its way into classrooms, those resources 
will be available for wider use in the community. In other words, these 
tools could be used by providers of adult education, literacy and all 
kinds of job training.
  Mr. Chairman, this small Federal investment can help create an 
efficient, multiple-use system that will improve the effectiveness of 
all education programs.
  I urge my colleagues to oppose this amendment which would continue to 
isolate teachers and students in the classroom and away from a rich 
diversity of information that will allow this Nation to extend our 
productive leadership into the next American century.

                              {time}  1300

  Mr. DIAZ-BALART. Mr. Chairman, I move to strike the requisite number 
of words.
  Mr. MILLER of Florida. Mr. Chairman, will the gentleman yield?
  Mr. DIAZ-BALART. I yield to the gentleman from Florida.
  Mr. MILLER of Florida. Mr. Chairman, the opponents of this try and 
create the impression that I am opposed to library books, that the 
gentleman from Ohio [Mr. Boehner] is opposed to library books or 
opposed to computers in the classroom. That is not the argument.
  There are ways that we buy books, that we buy computers in the 
schools today, and that is through chapter 2. The program is there 
right now; 50 percent of the computers we buy in schools today come 
from title I. We can buy them. We do not need to create a new program 
and a new bureaucracy.
  The argument here today is the question of, can we afford another 
$550 million of new spending not requested by the President, when we 
are trying to balance the budget, when we are trying to control deficit 
spending?
  I think they are great goals. I would love to spend more money on 
libraries and more money on computers. And I think when we talk about 
reauthorizing Head Start, we are going to have to have more money for 
Head Start. We are going to have more money for crime. We are going to 
want to put more money into health care, lots of good causes, but we 
have got to establish priorities. We have got to watch these 
categorical programs where we create program after program after 
program, especially when they become redundant, and we are going to 
hurt chapter 2 to give the local schools the flexibility they need to 
have the quality education that parents and local districts can decide.
  Mr. ENGEL. Mr. Chairman, I rise in opposition to the amendment to 
strike provisions in title II of H.R. 6 which would improve local 
schools' access to library materials, technology hardware, computer 
software, and planning materials.
  The Library Media Program contained under title II is a bipartisan 
initiative that addresses the appalling needs of our Nation's school 
libraries. The national average copyright date of a book in school 
libraries is 1965. Not only does this date pre-date the break up of the 
Soviet Union, this is prior to a manned spacecraft landing on the Moon. 
In fact, numerous schools have library books that were published before 
their senior class was even born. Unfortunately, given severe State and 
local budget constraints, local decisionmakers are often forced to 
sacrifice school libraries for other academic programs. We can not 
allow this to continue.
  In addition, the amendment targets the Educational Technology 
Program. This provision is designed to provide seed money that will 
leverage resources from State and local governments, private industry, 
and foundation grants to assist schools in planning and acquiring 
education technology. Having an education technology component in H.R. 
6 is crucial. If we expect our Nation to advance in a global, high 
technology economy, our children must be active participants at an 
early stage. This small Federal investment in education technology will 
ultimately help to create an information system that will improve the 
effectiveness and success of all education programs.
  I urge my colleagues to oppose the Boehner amendment. The highest 
education standards, improved teaching methods, and most professional 
staff will have little effect on our Nation's students if our children 
are not simultaneously provided with the books, materials, and 
educational tools necessary to learn.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Florida [Mr. Miller].
  The amendment was rejected.


                   amendment offered by mr. gunderson

  Mr. GUNDERSON. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Gunderson:
       Page 323, on line 12, strike ``Subpart 4--21st Century 
     Community Learning Centers,'' and insert the following:

            Part F--21st Century Community Learning Centers

     SEC. 2441. FINDINGS.

       The Congress finds that--
       (1) a local public school often serves as a center for the 
     delivery of education and human resources for all members of 
     a community;
       (2) public schools, primarily in rural and inner city 
     communities, should collaborate with other public and 
     nonprofit agencies and organizations, local businesses, 
     educational entities (such as vocational and adult education 
     programs, school to work programs, community colleges, and 
     universities), recreational, cultural, and other community 
     and human service entities for the purpose of meeting the 
     needs and expanding the opportunities available to the 
     residents of the communities served by such schools;
       (3) by using school facilities, equipment, and resources, 
     communities can promote a more efficient use of public 
     education facilities, especially in rural and inner city 
     areas where limited financial resources have enhanced the 
     necessity for local public schools to become social service 
     centers;

     SEC. 2442. PROGRAM AUTHORIZATION AND DISTRIBUTION.

       (a) Grants by the Secretary.--The Secretary is authorized 
     in accordance with the provisions of this subsection to make 
     grants to rural and inner city schools or consortia thereof 
     to plan, implement, or to expand projects that benefit the 
     educational, health, social service, cultural, and 
     recreational needs of a rural or inner city community.
       (1) No school or consortia thereof shall receive a grant 
     award of less than $50,000 in each fiscal year; and
       (2) such grant projects do not exceed a 3-year period.
       (b) Application.--To be eligible to receive funds under 
     this section, a school or consortia thereof shall submit an 
     application to the Secretary of Education at such time and in 
     such manner as the Secretary may reasonably prescribe, that 
     shall include--
       (1) a comprehensive local plan that enables such school to 
     serve as a center for the delivery of education and human 
     resources for members of a community; and
       (2) an initial evaluations of needs, available resources, 
     and goals and objectives for the proposed community education 
     program to determine programs that will be developed to 
     address these needs:
       (A) A mechanism to disseminate information in a manner that 
     is understandable and accessible to the community.
       (B) Identification of Federal, State, and local programs to 
     be merged or coordinated so that public resources may be 
     maximized.
       (C) A description of the collaborative efforts of 
     community-based organizations, related public agencies, 
     businesses, or other appropriate organizations.
       (D) A description of how the school will assist as a 
     delivery center for existing and new services, especially 
     inter-active telecommunication used for education and 
     professional training.
       (E) The establishment of a facility utilization policy that 
     specifically states rules and regulations for building and 
     equipment use and supervision guidelines.
       (3) the high technology, global economy of the 21st century 
     will require lifelong learning to keep America's workforce 
     competitive and successful, local public schools should 
     provide centers for lifelong learning and educational 
     opportunities for individuals of all ages; and
       (4) 21st Century Community Learning Centers enable the 
     entire community to develop an education strategy that 
     addresses the educational needs of all members of local 
     communities.
       (c) Priority.--The Secretary shall give priority to 
     applications that offer a broad selection of services that 
     address the needs of the community.

     SEC. 2443. USES OF FUNDS.

       (a) Authorized Programs.--Grants awarded under this section 
     may be used to plan, implement, or expand community learning 
     centers which shall include not less than 4 of the following 
     activities.
       (1) Literacy education programs.
       (2) Senior citizen programs.
       (3) Children's day care services.
       (4) Integrated education, health, social service, 
     recreational, or cultural programs.
       (5) Summer and weekend school programs in conjunction with 
     recreation programs.
       (6) Nutrition, health, and/or physical therapy.
       (7) Expanded library service hours to serve community 
     needs.
       (8) Telecommunications and technology education programs 
     for all ages.
       (9) Parenting skills education programs.
       (10) Support and training for child day care providers.
       (11) Employment counseling, training, and placement.
       (12) Services for students who withdraw from school before 
     graduating high school, regardless of age.
       (13) Services for individuals who are either physically or 
     mentally challenged.

     SEC. 2444. AWARD OF GRANTS.

       (a) In General.--In approving grants under this section, 
     the Secretary shall assure an equitable distribution of 
     assistance among the States, among urban and rural areas of 
     the United States, and among urban and rural areas of a 
     State.
       (b) Grant Period.--Grants may be awarded for a period not 
     to exceed 3 years.

     SEC. 2445. DEFINITIONS.

       (1) the term ``Community Learning Center'' means the 
     provision of educational, recreational, health, and social 
     service programs for residents of all ages of a local 
     community in public school buildings, primarily in rural and 
     inner city areas, operated by the local educational agency in 
     conjunction with local governmental agencies, businesses, 
     vocational education programs, community colleges, 
     universities, and cultural, recreational, and other community 
     and human service entities; and
       (2) the term ``Secretary'' means the Secretary of 
     Education.

     SEC. 2446. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated $25,000,000 for 
     fiscal year 1995 and such sums as may be necessary for each 
     of the fiscal years 1996-1999.

  Mr. GUNDERSON (during the reading). Mr. Chairman, I ask unanimous 
consent that the amendment be considered as read and printed in the 
Record.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Wisconsin?
  There was no objection.
  (Mr. GUNDERSON asked and was given permission to revise and extend 
his remarks.)
  Mr. GUNDERSON. Mr. Chairman, I will not take 5 minutes. I simply want 
to point out to my colleagues, this is an attempt to respond, for lack 
of better description, to the learning revolution. It is a recognition 
that high technology will change the schools. It will change the 
subjects. It will change who are the students. It will change 
everything we understand about schools as they exist today.
  Recognizing, as was said recently in a book ``From Risk to Renewal,'' 
that literally the traditional walls between education and the broader 
community would come tumbling down as schools would become communities 
of higher learners, in which as much attention is paid to the 
intellectual and development needs of adults as children.
  Literally, we need to recognize that education is going to change 
like nothing any of us have ever considered in the past. The intent of 
this amendment is to allow schools, through assistance from the Federal 
Government, to allow communities, through assistance from the Federal 
Government, to begin designing and creating these new 21st century 
community learning centers for the future.
  Mr. KILDEE. Mr. Chairman, I move to strike the last word.
  We accept the amendment and urge its adoption.
  [Mr. GOODLING addressed the House. His remarks will appear hereafter 
in the Extensions of Remarks.]
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Wisconsin [Mr. Gunderson].
  The amendment was agreed to.
  The CHAIRMAN. Are there other amendments to title II?
  If not, the Clerk will designate title III.
  The text of title III is as follows:
           ``TITLE III--EXPANDING OPPORTUNITIES FOR LEARNING

            ``PART A--FUND FOR THE IMPROVEMENT OF EDUCATION

     ``SEC. 3201. FUND FOR THE IMPROVEMENT OF EDUCATION.

       ``(a) Fund Authorized.--From funds appropriated under 
     subsection (d), the Secretary is authorized to support 
     nationally significant programs and projects to improve the 
     quality of education, assist all students to meet challenging 
     standards, and contribute to the achievement of the National 
     Education Goals. The Secretary is authorized to carry out 
     such programs and projects directly or through grants to, or 
     contracts with, State and local educational agencies, 
     institutions of higher education, and other public and 
     private agencies, organizations, and institutions.
       ``(b) Uses of Funds.--(1) Funds under this section may be 
     used for--
       ``(A) activities that will promote systemic educational 
     reform at the State and local levels, such as--
       ``(i) research and development related to content and 
     performance standards and opportunity-to-learn standards for 
     student learning; and
       ``(ii) the development and evaluation of model strategies 
     for assessment of student learning, professional development 
     for teachers and administrators, parent and community 
     involvement, and other aspects of systemic reform;
       ``(B) demonstrations at the State and local levels that are 
     designed to yield nationally significant results, including 
     approaches to public school choice in accordance with the 
     requirements of part C and school-based decisionmaking;
       ``(C) joint activities with other agencies to assist the 
     effort to achieve the National Education Goals, including 
     activities related to improving the transition from preschool 
     to school and from school to work, as well as activities 
     related to the integration of education and health and social 
     services;
       ``(D) activities to promote and evaluate counseling and 
     mentoring for students, including intergenerational 
     mentoring;
       ``(E) activities to promote comprehensive health education;
       ``(F) activities to promote environmental education;
       ``(G) activities to promote consumer, economic, and 
     personal finance education;
       ``(H) activities to assist students to demonstrate 
     competence in foreign languages;
       ``(I) studies and evaluation of various educational reform 
     strategies and innovations being pursued by the Federal 
     Government, States, and local educational agencies;
       ``(J) the identification and recognition of exemplary 
     schools and programs, such as Blue Ribbon Schools;
       ``(K) programs designed to promote gender equity in 
     education by evaluating and eliminating gender bias in 
     instruction and educational materials, identifying, and 
     analyzing gender inequities in educational practices, and 
     implementing and evaluating educational policies and 
     practices designed to achieve gender equity;
       ``(L) experiential-based learning, such as service-
     learning; and
       ``(M) other programs and projects that meet the purposes of 
     this section.
       ``(2) The Secretary may also use funds under this section 
     to complete the project periods for direct grants or 
     contracts awarded under the provisions of the Elementary and 
     Secondary Education Act of 1965, part B of title III of the 
     Augustus F. Hawkins-Robert T. Stafford Elementary and 
     Secondary School Improvement Amendments of 1988, or title III 
     of the Education for Economic Security Act, as these Acts 
     were in effect on the day before enactment of the Improving 
     America's Schools Act of 1994.
       ``(c) Awards.--(1) The Secretary may make awards under this 
     section on the basis of competitions announced by the 
     Secretary and may also support meritorious unsolicited 
     proposals.
       ``(2) The Secretary shall ensure that projects and 
     activities supported under this section are designed in such 
     a way that their effectiveness may be readily determined.
       ``(3) The Secretary shall use a peer review process in 
     reviewing applications for grants under this section and may 
     use funds appropriated under subsection (d) for this purpose.
       ``(d) Authorization.--For the purpose of carrying out this 
     section, there are authorized to be appropriated $35,000,000 
     for fiscal year 1995 and such sums as may be necessary for 
     each of the fiscal years 1996, 1997, 1998, and 1999.

                 ``PART B--GIFTED AND TALENTED CHILDREN

     ``SEC. 3301. SHORT TITLE.

       ``This part may be cited as the `Jacob K. Javits Gifted and 
     Talented Students Education Act of 1994'.

     ``SEC. 3302. FINDINGS AND PURPOSES.

       ``(a) Findings.--The Congress finds and declares that--
       ``(1) all students can learn to high standards and must 
     develop their talents and realize their potential if the 
     United States is to prosper;
       ``(2) gifted and talented students are a national resource 
     vital to the future of the Nation and its security and well-
     being;
       ``(3) too often schools fail to challenge students to do 
     their best work, and students who are not challenged will not 
     learn to high standards, fully develop their talents, and 
     realize their potential;
       ``(4) unless the special abilities of gifted and talented 
     students are recognized and developed during their elementary 
     and secondary school years, much of their special potential 
     for contributing to the national interest is likely to be 
     lost;
       ``(5) gifted and talented students from economically 
     disadvantaged families and areas, and students of limited 
     English proficiency are at greatest risk of being 
     unrecognized and of not being provided adequate or 
     appropriate educational services;
       ``(6) State and local educational agencies and private 
     nonprofit schools often lack the necessary specialized 
     resources to plan and implement effective programs for the 
     early identification of gifted and talented students for the 
     provision of educational services and programs appropriate to 
     their special needs;
       ``(7) the Federal Government can best carry out the limited 
     but essential role of stimulating research and development 
     and personnel training and providing a national focal point 
     of information and technical assistance that is necessary to 
     ensure that the Nation's schools are able to meet the special 
     educational needs of gifted and talented students, and 
     thereby serve a profound national interest; and
       ``(8) the experience and knowledge gained in developing and 
     implementing programs for gifted and talented students can 
     and should be used as a basis to develop a rich and 
     challenging curriculum for all students.
       ``(b) Statement of Purpose.--
       ``(1) It is the purpose of this part to provide financial 
     assistance to State and local educational agencies, 
     institutions of higher education, and other public and 
     private agencies and organizations, to initiate a coordinated 
     program of research, demonstration projects, personnel 
     training, and similar activities designed to build a 
     nationwide capability in elementary and secondary schools to 
     meet the special educational needs of gifted and talented 
     students. In addition, the purpose of this part is to 
     encourage the development of rich and challenging curricula 
     for all students through the appropriate application and 
     adaptation of materials and instructional methods developed 
     under this part.
       ``(2) It is also the purpose of this part to supplement and 
     make more effective the expenditure of State and local funds, 
     for the education of gifted and talented students.

     ``SEC. 3303. DEFINITIONS.

       ``For purposes of this part, the term `gifted and talented 
     students' means children and youth who give evidence of high 
     performance capability in areas such as intellectual, 
     creative, artistic, or leadership capacity, or in specific 
     academic fields, and who require services or activities not 
     ordinarily provided by the school in order to fully develop 
     such capabilities.

     ``SEC. 3304. AUTHORIZED PROGRAMS.

       ``(a) Establishment of Program.--
       ``(1) From the sums appropriated under section 3308 in any 
     fiscal year the Secretary (after consultation with experts in 
     the field of the education of gifted and talented students) 
     shall make grants to or enter into contracts with State 
     educational agencies, local educational agencies, 
     institutions of higher education, or other public agencies 
     and private agencies and organizations (including Indian 
     tribes and organizations as defined by the Indian Self-
     Determination and Education Assistance Act and Hawaiian 
     native organizations) to assist such agencies, institutions, 
     and organizations which submit applications in carrying out 
     programs or projects authorized by this Act that are designed 
     to meet the educational needs of gifted and talented 
     students, including the training of personnel in the 
     education of gifted and talented students and in the use, 
     where appropriate, of gifted and talented services, 
     materials, and methods for all students.
       ``(2) Applications for funds must include a section on how 
     the proposed gifted and talented services, materials, and 
     methods could be adapted, if appropriate, for use by all 
     students and a section on how the proposed programs can be 
     evaluated.
       ``(b) Uses of Funds.--Programs and projects assisted under 
     this section may include--
       ``(1) professional development (including fellowships) for 
     personnel (including leadership personnel) involved in the 
     education of gifted and talented students;
       ``(2) establishment and operation of model projects and 
     exemplary programs for serving gifted and talented students, 
     including innovative methods for identifying and educating 
     students who may not be served by traditional gifted and 
     talented programs, summer programs, mentoring programs, 
     service learning programs, and cooperative programs involving 
     business, industry, and education;
       ``(3) training of personnel involved in gifted and talented 
     programs with respect to the impact of gender role 
     socialization on the educational needs of gifted and talented 
     children and in gender equitable education methods, 
     techniques, and practices;
       ``(4) strengthening the capability of State educational 
     agencies and institutions of higher education to provide 
     leadership and assistance to local educational agencies and 
     nonprofit private schools in the planning, operation, and 
     improvement of programs for the identification and education 
     of gifted and talented students and the appropriate use of 
     gifted and talented programs and methods to serve all 
     students;
       ``(5) programs of technical assistance and information 
     dissemination which would include how gifted and talented 
     programs and methods, where appropriate, could be adapted for 
     use by all students; and
       ``(6) carrying out--
       ``(A) research on methods and techniques for identifying 
     and teaching gifted and talented students, and for using 
     gifted and talented programs and methods to serve all 
     students; and
       ``(B) program evaluations, surveys, and the collection, 
     analysis, and development of information needed to accomplish 
     the purposes of this part.
       ``(c) Establishment of National Center.--
       ``(1) The Secretary (after consultation with experts in the 
     field of the education of gifted and talented students) shall 
     establish a National Center for Research and Development in 
     the Education of Gifted and Talented Children and Youth 
     through grants to or contracts with one or more institutions 
     of higher education or State educational agencies, or a 
     combination or consortium of such institutions and agencies, 
     for the purpose of carrying out activities described in 
     paragraph (5) of subsection (b).
       ``(2) Such National Center shall have a Director. The 
     Secretary may authorize the Director to carry out such 
     functions of the National Center as may be agreed upon 
     through arrangements with other institutions of higher 
     education, State or local educational agencies, or other 
     public or private agencies and organizations.
       ``(d) Limitation.--Not more than 30 percent of the funds 
     available in any fiscal year to carry out the programs and 
     projects authorized by this section may be used to conduct 
     activities pursuant to subsections (b)(5) or (c).
       ``(e) Coordination.--Research activities supported under 
     this section--
       ``(1) shall be carried out in consultation with the Office 
     of Educational Research and Improvement to ensure that such 
     activities are coordinated with and enhance the research and 
     development activities supported by the Office; and
       ``(2) may include collaborative research activities which 
     are jointly funded and carried out with the Office of 
     Education Research and Improvement.

     ``SEC. 3305. PROGRAM PRIORITIES.

       ``(a) General Priority.--In the administration of this part 
     the Secretary shall give highest priority--
       ``(1) to the identification of and services to gifted and 
     talented students who may not be identified and served 
     through traditional assessment methods (including 
     economically disadvantaged individuals, individuals of 
     limited-English proficiency, and individuals with 
     disabilities; and
       ``(2) to programs and projects designed to develop or 
     improve the capability of schools in an entire State or 
     region of the Nation through cooperative efforts and 
     participation of State and local educational agencies, 
     institutions of higher education, and other public and 
     private agencies and organizations (including business, 
     industry, and labor), to plan, conduct, and improve programs 
     for the identification of and service to gifted and talented 
     students, such as mentoring and apprenticeship programs.
       ``(b) Service Priority.--In approving applications under 
     section 3304(a) of this part, the Secretary shall assure that 
     in each fiscal year at least one-half of the applications 
     approved address the priority in section 3305(a)(1).

     ``SEC. 3306. GENERAL PROVISIONS.

       ``(a) Participation of Private School Children and 
     Teachers.--In making grants and entering into contracts under 
     this part, the Secretary shall ensure, where appropriate, 
     that provision is made for the equitable participation of 
     students and teachers in private nonprofit elementary and 
     secondary schools, including the participation of teachers 
     and other personnel in professional development programs for 
     serving such children.
       ``(b) Review, Dissemination, and Evaluation.--The Secretary 
     shall--
       ``(1) use a peer review process in reviewing applications 
     under this part;
       ``(2) ensure that information on the activities and results 
     of projects funded under this part is disseminated to 
     appropriate State and local agencies and other appropriate 
     organizations, including nonprofit private organizations; and
       ``(3) evaluate the effectiveness of programs under this 
     part, both in terms of the impact on students traditionally 
     served in separate gifted and talented programs and on other 
     students, and submit the results of such evaluation to 
     Congress not later than January 1, 1998.

     ``SEC. 3307. ADMINISTRATION.

       ``The Secretary shall establish or designate an 
     administrative unit within the Department of Education--
       ``(1) to administer the programs authorized by this part;
       ``(2) to coordinate all programs for gifted and talented 
     students administered by the Department;
       ``(3) to serve as a focal point of national leadership and 
     information on the educational needs of gifted and talented 
     students and the availability of educational services and 
     programs designed to meet such needs; and
       ``(4) to assist the Assistant Secretary of the Office of 
     Educational Research and Improvement in identifying research 
     priorities which reflect the needs of gifted and talented 
     students.
     The administrative unit established or designated pursuant to 
     this section shall be headed by a person of recognized 
     professional qualifications and experience in the field of 
     the education of gifted and talented students.

     ``SEC. 3308. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated $10,000,000 for 
     fiscal year 1995 and such sums as may be necessary for each 
     of the fiscal years 1996, 1997, 1998, and 1999 to carry out 
     the provisions of this part.

                    ``PART C--PUBLIC CHARTER SCHOOLS

     ``SEC. 3401. PURPOSE.

       ``It is the purpose of this part to increase national 
     understanding of the charter schools model by--
       ``(1) providing financial assistance for the design and 
     initial implementation of charter schools; and
       ``(2) evaluating the effects of those schools on improving 
     student achievement, including their effects on students, 
     staff, and parents.

     ``SEC. 3402. PROGRAM AUTHORIZED.

       ``(a) General.--The Secretary may make grants to eligible 
     applicants for the design and initial operation of charter 
     schools.
       ``(b) Project Periods.--Each such grant shall be for a 
     period of not more than three years, of which the grantee may 
     use--
       ``(1) no more than 18 months for planning and program 
     design; and
       ``(2) no more than two years for the initial implementation 
     of the charter school.
       ``(c) Limitation.--The Secretary shall not make more than 
     one grant to support a particular charter school.

     ``SEC. 3403. APPLICATIONS.

       ``(a) Applications Required.--Any eligible applicant that 
     desires to receive a grant under this part shall submit an 
     application to the Secretary at such time and in such manner 
     as the Secretary may require.
       ``(b) Scope of Application.--Each such application may 
     request assistance for a single charter school or for a 
     cluster of schools, which may include a high school and its 
     feeder elementary and middle schools, within a community.
       ``(c) Application Contents.--Each such application shall 
     include, for each charter school for which assistance is 
     sought--
       ``(1) a description of the educational program to be 
     implemented by the proposed charter school, including--
       ``(A) how the program will enable all students to meet 
     challenging State performance standards;
       ``(B) the grade levels or ages of children to be served; 
     and
       ``(C) the curriculum and instructional practices to be 
     used;
       ``(2) a description of how the school will be managed;
       ``(3) a description of--
       ``(A) the objectives of the school; and
       ``(B) the methods by which the school will determine its 
     progress toward achieving those objectives;
       ``(4) a description of the administrative relationship 
     between the charter school and the local educational agency 
     that will authorize or approve the school's charter and act 
     as the grantee under this part;
       ``(5) a description of how parents and other members of the 
     community will be involved in the design and implementation 
     of the charter school;
       ``(6) a description of how the local educational agency 
     will provide for continued operation of the school once the 
     Federal grant has expired, if such agency determines that the 
     school is successful;
       ``(7) a request and justification for waivers of any 
     Federal statutory or regulatory provisions that the applicant 
     believes are necessary for the successful operation of the 
     charter school, and a description of any State or local 
     rules, generally applicable to public schools, that will be 
     waived for, or otherwise not apply to, the school;
       ``(8) a description of how the grant funds would be used;
       ``(9) a description of how grant funds would be used in 
     conjunction with other Federal programs administered by the 
     Secretary;
       ``(10) a description of how students in the community will 
     be--
       ``(A) informed about the school; and
       ``(B) given an equal opportunity to attend the school;
       ``(11) an assurance that the applicant will annually 
     provide the Secretary such information as the Secretary may 
     require to determine if the charter school is making 
     satisfactory progress toward achieving the objectives 
     described under paragraph (3);
       ``(12) an assurance that the applicant will cooperate with 
     the Secretary in evaluating the program authorized by this 
     part; and
       ``(13) such other information and assurances as the 
     Secretary may require.
       ``(d) State Educational Agency Approval Required.--(1) A 
     local educational agency that desires to receive a grant 
     under this part shall obtain the State educational agency's 
     approval of its application before submitting it to the 
     Secretary.
       ``(2) A State educational agency that approves an 
     application of a local educational agency shall provide the 
     local educational agency, and such local agency shall include 
     in its application to the Secretary, a statement that the 
     State has granted, or will grant, the waivers and exemptions 
     from State requirements described in such local agency's 
     application.

     ``SEC. 3404. SELECTION OF GRANTEES; WAIVERS.

       ``(a) Criteria.--The Secretary shall select projects to be 
     funded on the basis of the quality of the applications, 
     taking into consideration such factors as--
       ``(1) the quality of the proposed curriculum and 
     instructional practices;
       ``(2) the degree of flexibility afforded by the State and, 
     if applicable, the local educational agency to the school;
       ``(3) the extent of community support for the application;
       ``(4) the ambitiousness of the objectives for the school;
       ``(5) the quality of the plan for assessing achievement of 
     those objectives; and
       ``(6) the likelihood that the school will meet those 
     objectives and improve educational results for students.
       ``(b) Peer Review.--The Secretary shall use a peer review 
     process to review applications for grants under this section.
       ``(c) Diversity of Projects.--The Secretary may approve 
     projects in a manner that ensures, to the extent possible, 
     that they--
       ``(1) are distributed throughout different areas of the 
     Nation, including in urban and rural areas; and
       ``(2) represent a variety of educational approaches.
       ``(d) Waivers.--The Secretary may waive any statutory or 
     regulatory requirement that the Secretary is responsible for 
     enforcing, except for any such requirement relating to the 
     elements of a charter school described in section 3407(1), 
     if--
       ``(1) the waiver is requested in an approved application or 
     by a grantee under this part; and
       ``(2) the Secretary determines that granting such a waiver 
     would promote the purpose of this part.

     ``SEC. 3405. USES OF FUNDS.

       ``A recipient of a grant under this part may use the grant 
     funds only for--
       ``(1) post-award planning and design of the educational 
     program, which may include--
       ``(A) refinement of the desired educational results and of 
     the methods for measuring progress toward achieving those 
     results; and
       ``(B) professional development of teachers and other staff 
     who will work in the charter school; and
       ``(2) initial implementation of the charter school, which 
     may include--
       ``(A) informing the community about the school;
       ``(B) acquiring necessary equipment;
       ``(C) acquiring or developing curriculum materials; and
       ``(D) other operational costs that cannot be met from State 
     or local sources.

     ``SEC. 3406. NATIONAL ACTIVITIES.

       ``The Secretary may reserve up to 10 percent of the funds 
     appropriated for this part for any fiscal year for--
       ``(1) peer review of applications under section 3404(b); 
     and
       ``(2) an evaluation of the impact of charter schools on 
     student achievement, including those assisted under this 
     part.

     ``SEC. 3407. DEFINITIONS.

       ``As used in this part, the following terms have the 
     following meanings:
       ``(1) The term `charter school' means a school that--
       ``(A) in accordance with an enabling State statute, is 
     exempted from significant State or local rules that inhibit 
     the flexible operation and management of public schools, but 
     not from any rules relating to the other requirements of this 
     paragraph;
       ``(B) is created by a developer as a public school, or is 
     adapted by a developer from an existing public school;
       ``(C) operates in pursuit of a specific set of educational 
     objectives determined by the school's developer and agreed to 
     by the local educational agency applying for a grant on 
     behalf of the school;
       ``(D) provides a program of elementary or secondary 
     education, or both;
       ``(E) is nonsectarian in its programs, admissions policies, 
     employment practices, and all other operations, and is not 
     affiliated with a sectarian school or religious institution;
       ``(F) does not charge tuition;
       ``(G) complies with the Age Discrimination Act, title VI of 
     the Civil Rights Act of 1964, title IX of the Education 
     Amendments of 1972, section 504 of the Rehabilitation Act of 
     1973, and part B of the Individuals with Disabilities 
     Education Act;
       ``(H) admits students on the basis of a lottery, if more 
     students apply for admission than can be accommodated;
       ``(I) agrees to comply with the same Federal and State 
     audit requirements as do other public schools in the State, 
     unless such requirements are specifically waived for the 
     purpose of this program;
       ``(J) meets all applicable Federal, State, and local health 
     and safety requirements; and
       ``(K) operates in accordance with State law.
       ``(2) The term `developer' means an individual or group of 
     individuals (including a public or private nonprofit 
     organization), which may include teachers, administrators and 
     other school staff, parents, or other members of the local 
     community in which a charter school project will be carried 
     out.
       ``(3) The term `eligible applicant' means a local 
     educational agency, in partnership with a developer with an 
     application approved under section 3403(d).

     ``SEC. 3408. AUTHORIZATION OF APPROPRIATIONS.

       ``For the purpose of carrying out this part, there are 
     authorized to be appropriated $15,000,000 for fiscal year 
     1995 and such sums as may be necessary for each of the fiscal 
     years 1996, 1997, 1998, and 1999.

                      ``PART D--ARTS IN EDUCATION

                ``Subpart 1--Support for Arts Education

     ``SEC. 3501. SUPPORT FOR ARTS EDUCATION.

       ``(a) Findings.--The Congress finds that--
       ``(1) the arts are forms of understanding and ways of 
     knowing that are fundamentally important to education;
       ``(2) the arts are important to excellent education and to 
     effective school reform;
       ``(3) the most significant contribution of the arts to 
     education reform is the transformation of teaching and 
     learning;
       ``(4) this transformation is best realized in the context 
     of comprehensive, systemic education reform;
       ``(5) demonstrated competency in the arts for American 
     students is among the National Education Goals;
       ``(6) the arts can motivate at-risk students to stay in 
     school and become active participants in the educational 
     process; and
       ``(7) arts education should be an integral part of the 
     elementary and secondary school curriculum.
       ``(b) Purpose. The purposes of this part are to--
       ``(1) support systemic education reform by strengthening 
     arts education as an integral part of the elementary and 
     secondary school curriculum;
       ``(2) help ensure that all students have the opportunity to 
     learn to challenging standards in the arts; and
       ``(3) support the national effort to enable all students to 
     demonstrate competence in the arts in accordance with the 
     National Education Goals.
       ``(c) Eligible Recipients.--In order to carry out the 
     purposes of this part, the Secretary is authorized to make 
     grants to, or enter into contracts or cooperative agreements 
     with--
       ``(1) State educational agencies;
       ``(2) local educational agencies;
       ``(3) institutions of higher education; and
       ``(4) other public and private agencies, institutions, and 
     organizations.
       ``(d) Authorized Activities.--Funds under this part may be 
     used for--
       ``(1) research on arts education;
       ``(2) the development of, and dissemination of information 
     about, model arts education programs;
       ``(3) the development of model arts education assessments 
     based on high standards;
       ``(4) the development and implementation of curriculum 
     frameworks for arts education;
       ``(5) the development of model preservice and inservice 
     professional development programs for arts educators and 
     other instructional staff;
       ``(6) supporting collaborative activities with other 
     Federal agencies or institutions involved in arts education, 
     such as the National Endowment for the Arts, the Institute of 
     Museum Services, the John F. Kennedy Center for the 
     Performing Arts, and the National Gallery of Art;
       ``(7) supporting model projects and programs in the 
     performing arts for children and youth through arrangements 
     made with the John F. Kennedy Center for the Performing Arts;
       ``(8) supporting model projects and programs in the arts 
     for individuals with disabilities through arrangements with 
     the organization, Very Special Arts;
       ``(9) supporting model projects and programs to integrate 
     arts education into the regular elementary and secondary 
     school curriculum; and
       ``(10) other activities that further the purposes of this 
     part.
       ``(e) Coordination.--(1) A recipient of funds under this 
     part shall, to the extent possible, coordinate its project 
     with appropriate activities of public and private cultural 
     agencies, institutions, and organizations, including museums, 
     arts education associations, libraries, and theaters.
       ``(2) In carrying out this part, the Secretary shall 
     coordinate with the National Endowment for the Arts, the 
     Institute of Museum Services, the John F. Kennedy Center for 
     the Performing Arts, and the National Gallery of Art.
       ``(f) Authorization of Appropriations.--For the purpose of 
     carrying out this subpart, there are authorized to be 
     appropriated $11,000,000 for fiscal year 1995 and such sums 
     as may be necessary for each of the fiscal years 1996, 1997, 
     1998, and 1999.

                      ``Subpart 2--Community Arts

     ``SEC. 3502. SHORT TITLE.

       ``This subpart may be cited as the ``Community Arts 
     Partnership Act of 1994''.
       ``(a) Findings.--Congress finds that--
       ``(1) with local school budgets cut there are in-adequate 
     arts programs available for children in schools, especially 
     at the elementary level;
       ``(2) the arts promote progress in academic subjects as 
     shown by research conducted by the National Endowment for the 
     Arts;
       ``(3) the arts access multiple human intelligences and 
     develop higher-order thinking skills;
       ``(4) the arts generate self-esteem and positive emotional 
     responses to learning; and
       ``(5) children who receive instruction in the arts remain 
     in school longer and are more successful than children who do 
     not receive such instruction.
       ``(b) Purpose.--The purpose of this part is to make 
     demonstration grants to eligible entities to improve the 
     educational performance and future potential of at-risk 
     children and youth by providing comprehensive and coordinated 
     educational and cultural services.
       ``(c) Grants Authorized.--
       ``(1) In general.--The Secretary is authorized to award 
     grants to eligible entities to pay the Federal share of the 
     costs of the activities described in subsection (f).
       ``(2) Special requirements.--The Secretary shall award 
     grants under this Act only to programs designed to--
       ``(A) promote educational and cultural services;
       ``(B) provide multi-year services to at-risk children and 
     youth;
       ``(C) serve the target population described in subsection 
     (e);
       ``(D) provide integration of community cultural resources 
     in the regular curriculum;
       ``(E) focus school and cultural resources in the community 
     on coordinated cultural services to address the needs of at-
     risk children and youth;
       ``(F) provide effective cultural linkages from preschool 
     programs, including the Head Start Act and preschool grants 
     under the Individuals with Disabilities Education Act, to 
     elementary schools;
       ``(G) facilitate school-to-work transition from secondary 
     schools and alternative schools to job training, higher 
     education, and employment;
       ``(H) increase parental and community involvement in the 
     educational, social, and cultural development of at-risk 
     youth; or
       ``(I) replicate programs and strategies that provide high 
     quality coordinated educational and cultural services and 
     that are designed to integrate such coordination into the 
     regular curriculum.
       ``(3) Requirement of Coordination.--Grants may only be 
     awarded under this part to eligible entities that agree to 
     coordinate activities carried out under other Federal, State, 
     and local grants, received by the members of the partnership 
     for purposes and target populations described in this part, 
     into an integrated service delivery system located at a 
     school, cultural, or other community-based site accessible to 
     and utilized by at-risk youth.
       ``(4) Duration.--Grants made under this part may be 
     renewable for a maximum of 5 years if the Secretary 
     determines that the eligible recipient has made satisfactory 
     progress toward the achievement of the program objectives 
     described in application.
       ``(5) Geographic Distribution.--In awarding grants under 
     this part, the Secretary shall ensure--
       ``(A) an equitable geographic distribution; and
       ``(B) an equitable distribution to both urban and rural 
     areas with a high proportion of at-risk youth as defined in 
     subsection (e).
       ``(d) Eligibility.--
       ``(1) Services for in-school youth.--For the purpose of 
     providing a grant under this part to serve in-school children 
     and youth, the term `eligible entity' means a partnership 
     between a local education agency that is eligible for funds 
     under title I of this Act, and at least 1 institution of 
     higher education or cultural entity located within or 
     accessible to the geographical boundaries of the local 
     education agency with a history of providing quality services 
     to the community, and which may include--
       ``(A) nonprofit institutions of higher education; museums; 
     libraries; performing, presenting and exhibiting arts 
     organizations; literary arts organizations; local arts 
     organizations; and zoological and botanical organizations; 
     and
       ``(B) private for-profit entities with a history of 
     training children and youth in the arts.
       ``(2) Services for out-of-school youth.--For purposes of 
     providing a grant under this part to serve out-of-school 
     youth, the term `eligible entity' means a partnership between 
     at least 1 entity of the type described in paragraph (A) or 
     (B) of subsection (1), or a local education agency eligible 
     for funds under chapter 1 of title I of this Act and at least 
     1 cultural entity described in subsection (1).
       ``(e) Target Population.--In order to receive a grant under 
     this part, an eligible entity shall serve--
       ``(1) students enrolled in schools in participating 
     schoolwide projects assisted under title I of this Act and 
     the families of such students; or
       ``(2) out-of-school youth at risk of having limited future 
     options as a result of teenage pregnancy and parenting, 
     substance abuse, recent migration, disability, limited 
     English proficiency, family migration, illiteracy, being the 
     child of a teen parent, living in a single parent household, 
     or being a high school dropout; or
       ``(3) any combination of in school and out-of-school at-
     risk youth.
       ``(f) Authorized Activities.--
       ``(1) In general.--Funds made under this part may be used--
       ``(A) to plan, develop, acquire, expand, and improve 
     school-based or community-based coordinated educational and 
     cultural programs to strengthen the educational performance 
     and future potential of in-school and out-of-school at-risk 
     youth through cooperative agreements, contracts for services, 
     or administrative coordination;
       ``(B) to provide at-risk students with integrated cultural 
     activities designed to develop a love of learning to ensure 
     the smooth transition of preschool children to elementary 
     school;
       ``(C) to design collaborative cultural activities for 
     students in secondary or alternative schools that ensure the 
     smooth transition to job training, higher education, or full 
     employment;
       ``(D) to provide child care for children of at-risk 
     students who would not otherwise be able to participate in 
     the program;
       ``(E) to provide transportation necessary for participation 
     in the program;
       ``(F) to work with existing school personnel to develop 
     curriculum materials and programs in the arts;
       ``(G) to work with existing school personnel on staff 
     development activities that encourage the integration of the 
     arts into the curriculum;
       ``(H) for stipends that allow local artists to work with 
     at-risk children and youth in the schools;
       ``(I) for cultural programs that encourage the active 
     participation of parents in their children's education;
       ``(J) for programs that use the art reform current school 
     practices, including lengthening the school day or academic 
     year;
       ``(K) for appropriate equipment and necessary supplies; and
       ``(L) for evaluation, administration, and supervision.
       ``(2) Priority.--In providing assistance under this part, 
     the Secretary shall give priority to eligible entities that 
     provide comprehensive services that extend beyond traditional 
     school or service hour, that may include year round programs 
     that provide services in the evenings and on weekends.
       ``(3) Planning grants.--
       ``(A) Application.--An eligible entity may submit an 
     application to the Secretary for a planning grant for an 
     amount not to exceed $50,000. Such grants shall be for 
     periods of not more than 1 year.
       ``(B) Limit on planning grants.--Not more than 10 percent 
     of the amounts appropriated in each fiscal year under this 
     part shall be used for grants under this subsection, and an 
     eligible entity may receive not more than 1 such planning 
     grant.
       ``(g) General Provisions.--
       ``(1) In general.--Each eligible entity desiring a grant 
     under this part shall submit an application to the Secretary 
     at such time, in such manner, and accompanied by such 
     information as the Secretary may reasonably require.
       ``(2) Contents.--Each application submitted pursuant to 
     subsection (a) shall--
       ``(A) describe the cultural entity or entities that will 
     participate in the partnership;
       ``(B) describe the target population to be served;
       ``(C) describe the services to be provided;
       ``(D) describe a plan for evaluating the success of the 
     program;
       ``(E) describe, for a local educational agency participant, 
     how services will be perpetuated beyond the length of the 
     grant;
       ``(F) describe the manner in which the eligible entity will 
     improve the educational achievement or future potential of 
     at-risk youth through more effective coordination of cultural 
     services in the community;
       ``(G) describe the overall and operational goals of the 
     program; and
       ``(H) describe the nature and location of all planned sites 
     where services will be delivered and a description of 
     services which will be provided at each site.
       ``(h) Payments--Federal Share.--
       ``(1) Payments.--The Secretary shall pay to each eligible 
     entity having an application approved under subsection (g) 
     the Federal share of the cost of the activities described in 
     the application.
       ``(2) Amounts of grants.--The amount of a grant made under 
     this part may not be less than $100,000 or exceed $500,000 in 
     the first year of such grant.
       ``(3) Federal share.--The Federal share shall be 80 
     percent.
       ``(4) Non-federal share.--The non-Federal share shall be 
     equal to 20 percent and may be in cash or in kind, fairly 
     evaluated, including facilities or services.
       ``(5) Limitation.--Not more than 25 percent of any grant 
     under this part may be used for noninstructional services 
     such as those described in paragraphs D, E, and L of 
     subsection (f).
       ``(6) Supplement and not supplant.--Grant funds awarded 
     under this part shall be used to supplement not supplant the 
     amount of funds made available from non-Federal sources, for 
     the activities assisted under this part, in amounts that 
     exceed the amounts expended for such activities in the year 
     preceding the year for which the grant is awarded.
       ``(7) Dissemination of models.--The Secretary shall 
     disseminate information concerning successful models under 
     this part through the National Diffusion Network.
        ``(i) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this subpart, 
     $75,000,000 for fiscal year 1995 and such sums as may be 
     necessary for each of the fiscal years 1996, 1997, 1998, and 
     1999.

            ``PART E--INEXPENSIVE BOOK DISTRIBUTION PROGRAM

     ``SEC. 3601. INEXPENSIVE BOOK DISTRIBUTION PROGRAM FOR 
                   READING MOTIVATION.

       ``(a) Authorization.--The Secretary is authorized to enter 
     into a contract with Reading Is Fundamental (hereinafter in 
     this section referred to as `the contractor') to support and 
     promote programs, which include the distribution of 
     inexpensive books to students, that motivate children to 
     read.
       ``(b) Requirements of Contract.--Any contract entered into 
     under subsection (a) shall--
       ``(1) provide that the contractor will enter into 
     subcontracts with local private nonprofit groups or 
     organizations or with public agencies under which each 
     subcontractor will agree to establish, operate, and provide 
     the non-Federal share of the cost of reading motivation 
     programs that include the distribution of books, by gift, to 
     the extent feasible, or by loan, to children up through high 
     school age, including those in family literacy programs;
       ``(2) provide that funds made available to subcontractors 
     will be used only to pay the Federal share of the cost of 
     such programs;
       ``(3) provide that in selecting subcontractors for initial 
     funding, the contractor will give priority to programs that 
     will serve a substantial number or percentage of children 
     with special needs, such as--
       ``(A) low-income children, particularly in high-poverty 
     areas;
       ``(B) children at risk of school failure;
       ``(C) children with disabilities, including children with 
     serious emotional disturbance;
       ``(D) foster children;
       ``(E) homeless children;
       ``(F) migrant children;
       ``(G) children without access to libraries;
       ``(H) institutionalized or incarcerated children; and
       ``(I) children whose parents are institutionalized or 
     incarcerated;
       ``(4) provide that the contractor will provide such 
     technical assistance to subcontractors as may be necessary to 
     carry out the purpose of this section;
       ``(5) provide that the contractor will annually report to 
     the Secretary the number of, and describe, programs funded 
     under paragraph (3); and
       ``(6) include such other terms and conditions as the 
     Secretary determines to be appropriate to ensure the 
     effectiveness of such programs.
       ``(c) Restriction on Payments.--The Secretary shall make no 
     payment of the Federal share of the cost of acquiring and 
     distributing books under any contract under this section 
     unless the Secretary determines that the contractor or 
     subcontractor, as the case may be, has made arrangements with 
     book publishers or distributors to obtain books at discounts 
     at least as favorable as discounts that are customarily given 
     by such publisher or distributor for book purchases made 
     under similar circumstances in the absence of Federal 
     assistance.
       ``(d) Definition of `Federal Share'.--For the purpose of 
     this section, the term `Federal share' means the portion of 
     the cost to a subcontractor of purchasing books to be paid 
     with funds made available under this section. The Federal 
     share shall be established by the Secretary, and shall not 
     exceed 75 percent, except that the Federal share for programs 
     serving children of migrant or seasonal farmworkers shall be 
     100 percent.
       ``(e) Authorization of Appropriations.--For the purpose of 
     carrying out this section, there are authorized to be 
     appropriated $10,300,000 for fiscal year 1995 and such sums 
     as may be necessary for each of the fiscal years 1996, 1997, 
     1998, and 1999.

                       ``PART F--CIVIC EDUCATION

     ``SEC. 3701. INSTRUCTION ON THE HISTORY AND PRINCIPLES OF 
                   DEMOCRACY IN THE UNITED STATES.

       ``(a) General Authority.--
       ``(1) Program established.--(A) The Secretary shall carry 
     out a program to enhance the attainment of Goals Three and 
     Six of the National Education Goals by educating students 
     about the history and principles of the Constitution of the 
     United States, including the Bill of Rights, and to foster 
     civic competence and responsibility.
       ``(B) Such program shall be known as `We the People . . . 
     The Citizen and the Constitution'.
       ``(2) Educational activities.--The program required by 
     paragraph (1) shall--
       ``(A) continue and expand the educational activities of the 
     We the People . . . The Citizen and the Constitution program 
     administered by the Center for Civic Education; and
       ``(B) enhance student attainment of challenging content 
     standards in civics and government.
       ``(3) Contract or grant authorized.--The Secretary is 
     authorized to enter into a contract or grant with the Center 
     for Civic Education to carry out the program required by 
     paragraph (1).
       ``(b) Program Content.--The education program authorized by 
     this section shall provide--
       ``(1) a course of instruction on the basic principles of 
     our constitutional democracy and the history of the 
     Constitution and the Bill of Rights;
       ``(2) school and community simulated congressional hearings 
     following the course of study at the request of participating 
     schools; and
       ``(3) an annual national competition of simulated 
     congressional hearings for secondary students who wish to 
     participate in such program.
       ``(c) Program Participants.--The education program 
     authorized by this section shall be made available to public 
     and private elementary and secondary schools in the 435 
     congressional districts, the Commonwealth of Puerto Rico, the 
     Virgin Islands, Guam, American Samoa, and the District of 
     Columbia.
       ``(d) Special Rule.--Funds provided under this section may 
     be used for the advanced training of teachers in civics and 
     government after the provisions of subsection (b) have been 
     implemented.

     ``SEC. 3702. INSTRUCTION IN CIVICS, GOVERNMENT, AND THE LAW.

       ``(a) Program Established.--The Secretary shall carry out a 
     program of grants and contracts to assist State and local 
     educational agencies and other public and private nonprofit 
     agencies, organizations and institutions to enhance--
       ``(1) attainment by students of challenging content 
     standards in civics, government, and the law; and
       ``(2) attainment by the Nation of Goals Three and Six of 
     the National Education Goals.
       ``(b) Authorized Activities.--Assistance under this section 
     may support new and ongoing programs in elementary and 
     secondary schools that provide for--
       ``(1) the development and implementation of curricular 
     programs that enhance student understanding of--
       ``(A) the values and principles which underlie, and the 
     institutions and processes which comprise, our system of 
     government;
       ``(B) the role of law in our constitutional democracy, 
     including activities to promote--
       ``(i) legal literacy; and
       ``(ii) a dedication by students to the use of non-violent 
     means of conflict resolution such as arbitration, mediation, 
     negotiation, trials, and appellate hearings; and
       ``(C) the rights and responsibilities of citizenship;
       ``(2) professional development for teachers, including pre-
     service and in-service training;
       ``(3) outside-the-classroom learning experiences for 
     students, including community service activities;
       ``(4) the active participation of community leaders, from 
     the public and private sectors, in the schools; and
       ``(5) the provision of technical assistance to State and 
     local educational agencies and other institutions and 
     organizations working to further the progress of the Nation 
     in attaining the Goals Three and Six of the National 
     Education Goals in civics and government.
       ``(c) Applications, Peer Review and Priority.--
       ``(1) Submission of applications.--A State or local 
     educational agency, other public or private nonprofit agency, 
     organization or institution that desires to receive a grant 
     or enter into a contract under this section shall submit an 
     application to the Secretary at such time, in such manner, 
     and containing or accompanied by such information as the 
     Secretary may reasonably require.
       ``(2) Peer review.--(A) The Secretary shall convene a panel 
     of individuals for purpose of reviewing and rating 
     applications submitted under paragraph (1).
       ``(B) Such individuals shall have experience with education 
     programs in civics, government, and the law.
       ``(3) Priority.--In making grants or awarding contracts 
     under this section, the Secretary shall give priority 
     consideration to applications which propose the operation of 
     statewide programs.
       ``(d) Duration of Grants and Exception.--
       ``(1) Duration.--Except as provided in paragraph (2), the 
     Secretary shall make grants and enter into contracts under 
     this section for periods of 2 or 3 years.
       ``(2) Exception.--The Secretary may make a grant or enter 
     into a contract under this section for a period of less than 
     2 years if the Secretary determines that special 
     circumstances exist which warrant a one year grant or 
     contract award.

     ``SEC. 3703. REPORT; AUTHORIZATION OF APPROPRIATIONS.

       ``(a) Report.--The Secretary shall report, on a biennial 
     basis, to the Committee on Education and Labor of the House 
     of Representatives and to the Committee on Labor and Human 
     Resources of the Senate related to the distribution and use 
     of funds authorized under this part.
       ``(b) Authorization of Appropriations.--
       ``(1) General.--To carry out this part, there are 
     authorized to be appropriated $15,000,000 for fiscal year 
     1995 and such sums as may be necessary for each of the fiscal 
     years 1996, 1997, 1998, and 1999.
       ``(2) Allocation.--From the amount appropriated under 
     subsection (a), the Secretary shall allocate--
       ``(A) 40 percent of such amount to carry out section 3701; 
     and
       ``(B) 60 percent of such amount to carry out section 3702.

                  ``PART G--NATIVE HAWAIIAN EDUCATION

     ``SEC. 3801. SHORT TITLE.

       ``This part may be cited as the `Native Hawaiian Education 
     Act'.

     ``SEC. 3802. FINDINGS.

       ``The Congress finds that:
       ``(1) Native Hawaiians comprise a distinct and unique 
     indigenous people with a historical continuity to the 
     original inhabitants of the Hawaiian archipelago whose 
     society was organized as a Nation prior to the arrival of the 
     first non-indigenous people in 1778.
       ``(2) The Native Hawaiian people are entitled to preserve, 
     develop and transmit to future generations their ancestral 
     territory, and their cultural identity in accordance with 
     their own spiritual and traditional beliefs, customs, 
     practices, languages, and social institutions.
       ``(3) The constitution and statutes of the State of Hawaii:
       ``(A) acknowledge the distinct land rights of the Native 
     Hawaiian people as beneficiaries of the public lands trust; 
     and
       ``(B) reaffirm and protect the unique right of the Native 
     Hawaiian people to practice and perpetuate their cultural and 
     religious customs, beliefs, practices, and language.
       ``(4) At the time of the arrival of the first non-
     indigenous people in Hawaii in 1778, the Native Hawaiian 
     people lived in a highly organized, self-sufficient, 
     subsistence social system based on communal land tenure with 
     a sophisticated language, culture, and religion.
       ``(5) A unified monarchial government of the Hawaiian 
     Islands was established in 1810 under Kamehameha I, the first 
     King of Hawaii.
       ``(6) Throughout the 19th century and until 1893, the 
     United States: (a) recognized the independence of the 
     Hawaiian Nation; (b) extended full and complete diplomatic 
     recognition to the Hawaiian government; and (c) entered into 
     treaties and conventions with the Hawaiian monarchs to govern 
     commerce and navigation in 1826, 1842, 1849, 1875 and 1887.
       ``(7) In the year 1893, the United States Minister assigned 
     to the sovereign and independent Kingdom of Hawaii, John L. 
     Stevens, conspired with a small group of non-Hawaiian 
     residents of the Kingdom, including citizens of the United 
     States, to overthrow the indigenous and lawful Government of 
     Hawaii.
       ``(8) In pursuance of that conspiracy, the United States 
     Minister and the naval representative of the United States 
     caused armed naval forces of the United States to invade the 
     sovereign Hawaiian Nation in support of the overthrow of the 
     indigenous and lawful Government of Hawaii and the United 
     States Minister thereupon extended diplomatic recognition of 
     a provisional government formed by the conspirators without 
     the consent of the native people of Hawaii or the lawful 
     Government of Hawaii in violation of treaties between the two 
     nations and of international law.
       ``(9) In a message to Congress on December 18, 1893, then 
     President Grover Cleveland reported fully and accurately on 
     these illegal actions, and acknowledged that by these acts, 
     described by the President as acts of war, the government of 
     a peaceful and friendly people was overthrown, and the 
     President concluded that a `substantial wrong has thus been 
     done which a due regard for our national character as well as 
     the rights of the injured people require that we should 
     endeavor to repair.'
       ``(10) Queen Lili'uokalani, the lawful monarch of Hawaii, 
     and the Hawaiian Patriotic League, representing the 
     aboriginal citizens of Hawaii, promptly petitioned the United 
     States for redress of these wrongs and for restoration of the 
     indigenous government of the Hawaiian nation, but this 
     petition was not acted upon.
       ``(11) In 1898, the United States annexed Hawaii through 
     the Newlands Resolution, without the consent of or 
     compensation to the indigenous people of Hawaii or their 
     sovereign government, who were denied their land, ocean 
     resources, and the mechanism for expression of their inherent 
     sovereignty through self-government and self-determination.
       ``(12) Through the Newlands Resolution and the 1900 Organic 
     Act, the United States Congress received 1.75 million acres 
     of lands formerly owned by the Crown and Government of the 
     Hawaiian Kingdom and exempted the lands from then existing 
     public land laws of the United States by mandating that the 
     revenue and proceeds from these lands be `used solely for the 
     benefit of the inhabitants of the Hawaiian Islands for 
     education and other public purposes,' thereby establishing a 
     special trust relationship between the United States and the 
     indigenous native inhabitants of Hawaii.
       ``(13) Congress enacted the Hawaiian Homes Commission Act 
     of 1920 designating 200,000 acres of the ceded public lands 
     for exclusive homesteading by Native Hawaiians, affirming the 
     trust relationship between the United States and the Native 
     Hawaiians, as expressed by then Secretary of the Interior 
     Franklin K. Lane, who was cited in the Committee Report of 
     the United States House of Representatives Committee on 
     Territories as stating: `One thing that impressed me . . . 
     was the fact that the natives of these islands who are our 
     wards, I should say, and for whom in a sense we are trustees, 
     are falling off rapidly in numbers and many of them are in 
     poverty.'
       ``(14) In 1938, the United States Congress again 
     acknowledged the unique status of the Hawaiian people by 
     including in the Act of June 20, 1938 (52 Stat. 781 et seq.), 
     a provision to lease lands within the National Parks 
     extension to Native Hawaiians and to permit fishing in the 
     area `only by native Hawaiian residents of said area or of 
     adjacent villages and by visitors under their guidance.'
       ``(15) Under the Act entitled `An Act to provide for the 
     admission of the State of Hawaii into the Union' Approved 
     March 18, 1959 (73 Stat. 4), the United States transferred 
     responsibility for the administration of the Hawaiian Home 
     Lands to the State of Hawaii but reaffirmed the trust 
     relationship which existed between the United States and the 
     Hawaiian people by retaining the exclusive power to enforce 
     the trust, including the power to approve land exchanges and 
     legislative amendments affecting the rights of beneficiaries 
     under such Act.
       ``(16) Under the Act entitled `An Act to provide for the 
     admission of the State of Hawaii into the Union', approved 
     March 18, 1959 (73 Stat. 4), the United States transferred 
     responsibility for administration over portions of the ceded 
     public lands trust not retained by the United States to the 
     State of Hawaii but reaffirmed the trust responsibility which 
     existed between the United States and the Hawaiian people by 
     retaining the legal responsibility to enforce the 
     administration of the public trust responsibility of the 
     State of Hawaii for the betterment of the conditions of 
     Native Hawaiians under section 5(f) of the Act entitled `An 
     Act to provide for the admission of the State of Hawaii into 
     the Union.'
       ``(17) The authority of the Congress under the United 
     States Constitution to legislate in matters affecting the 
     aboriginal or indigenous peoples of the United States 
     includes the authority to legislate in matters affecting the 
     native peoples of Alaska and Hawaii.
       ``(18) In furtherance to the trust responsibility for the 
     betterment of the conditions of native Hawaiians, the United 
     States has established educational programs to benefit Native 
     Hawaiians and has acknowledged that special educational 
     efforts are required recognizing the unique cultural and 
     historical circumstances of Native Hawaiians.
       ``(19) This historical and legal relationship has been 
     consistently recognized and affirmed by the Congress through 
     the enactment of Federal laws which extend to the Hawaiian 
     people the same rights and privileges accorded to American 
     Indian, Alaska Native, Eskimo, and Aleut communities, 
     including the Native American Programs Act of 1974; the 
     Native American Programs Act of 1992, as amended; the 
     National Historic Act Amendments of 1992; the American Indian 
     Religious Freedom Act; the Native American Graves Protection 
     and Repatriation Act.
       ``(20) The United States has also recognized and reaffirmed 
     the trust relationship to the Hawaiian people through 
     legislation which authorizes the provision of services to 
     Native Hawaiians, specifically, the Older Americans Act of 
     1965, the Developmental Disabilities Assistance and Bill of 
     Rights Act Amendments of 1987, the Veterans' Benefits and 
     Services Act of 1988, the Rehabilitation Act of 1973, the 
     Native Hawaiian Health Care Act of 1988, the Health 
     Professions Reauthorization Act of 1988, the Nursing Shortage 
     Reduction and Education Extension Act of 1988, the 
     Handicapped Programs Technical Amendments Act of 1988, the 
     Indian Health Care Amendments of 1988, and the Disadvantaged 
     Minority Health Improvements Act of 1990.
       ``(21) Despite the success of the programs established 
     under the Native Hawaiian Education Act of 1988, the 
     education needs of Native Hawaiians continue to be severe:
       ``(A) Native Hawaiian students continue to score below 
     national norms on standardized education achievement tests;
       ``(B) Both public and private schools continue to show a 
     pattern of low percentages of Native Hawaiian students in the 
     uppermost achievement levels and in gifted and talented 
     programs;
       ``(C) Native Hawaiian students continue to be 
     overrepresented among those qualifying for special education 
     programs provided to learning disabled, educable mentally 
     retarded, handicapped, and other such students;
       ``(D) Native Hawaiians continue to be disproportionately 
     represented in many negative social and physical statistics, 
     indicative of special educational needs--
       ``(i) lower educational attainment among Native Hawaiians 
     has been found to relate to lower socioeconomic outcomes;
       ``(ii) Native Hawaiian students continue to be 
     disproportionately underrepresented in Institutions of Higher 
     Education;
       ``(iii) Native Hawaiians continue to be underrepresented in 
     traditional white collar professions, health care 
     professions, and the newly emerging technology based 
     professions and are overrepresented in service occupations;
       ``(iv) Native Hawaiian children continue to be 
     disproportionately victimized by child abuse and neglect, a 
     signal of family stress; and
       ``(v) there are and will continue to be geographically 
     rural, isolated areas with a high Native Hawaiian population 
     density.
       ``(22) Special efforts in education recognizing the unique 
     cultural and historical circumstances of Native Hawaiians are 
     required.

     ``SEC. 3803. PURPOSE.

       ``It is the purpose of this part to--
       ``(1) authorize and develop supplemental educational 
     programs to assist Native Hawaiians in reaching the National 
     Education Goals,
       ``(2) provide direction and guidance to appropriate 
     Federal, State, and local agencies to focus resources, 
     including those made available by the title on the problem of 
     Native Hawaiian Education, and
       ``(3) supplement and expand existing programs and 
     authorities in the area of education to further the purposes 
     of the title.
       ``(4) encourage the maximum participation of Native 
     Hawaiians in planning and management of Native Hawaiian 
     Education Programs.

     ``SEC. 3804. NATIVE HAWAIIAN EDUCATION COUNCIL.

       ``(a) Establishment.--In order to better effectuate the 
     purposes of this part through assistance in the coordination 
     of services and programs provided for under this part, the 
     Secretary shall establish a Native Hawaiian Education 
     Council.
       ``(b) Composition.--Such Council shall consist of, but not 
     be limited to:
       ``(1) representatives of each of the programs which receive 
     Federal funding under this part;
       ``(2) a representative from the Office of the Governor;
       ``(3) a representative from the Office of Hawaiian Affairs;
       ``(4) representatives of other Native Hawaiian Educational 
     organizations and Native Hawaiian organizations which receive 
     Federal or state education funds; and
       ``(5) parent, student, educator and community 
     organizations.
       ``(c) Conditions and Terms.--All members of the Council 
     shall be residents of the State of Hawaii, and at least half 
     of the members shall be Native Hawaiian. Members of the 
     Council shall be appointed for five year terms.
       ``(d) Duties and Responsibilities.--(1) The Council shall 
     provide direction and guidance to appropriate Federal, State, 
     and local agencies to focus resources, including those made 
     available by this title on Native Hawaiian Education.
       ``(2) The Council is authorized to make available to 
     Congress any information, advice, and recommendations that 
     the Council is authorized to give to the Secretary.
       ``(3) The Secretary shall, whenever practicable, consult 
     with the Council before taking any significant action related 
     to the education of Native Hawaiians. Any advice or 
     recommendation made by the Council to the Secretary shall 
     reflect the independent judgment of the Council on the matter 
     concerned.
       ``(e) Administrative Provisions.--The Council shall meet at 
     the call of the Chair, or upon the request of the majority of 
     the Council, but in any event not less than twice during each 
     calendar year. All matters relating to, or proceedings of, 
     the Council need not comply with the Federal Advisory 
     Committee Act.
       ``(f) Compensation.--A member of the Native Hawaiian 
     Council shall not receive any compensation for service on the 
     Council.
       ``(g) Annual Report.--The Council shall present to the 
     Secretary an annual report on its activities.
       ``(h) Report to Congress.--Not later than 4 years after the 
     date of the enactment of the Improving America's Schools Act, 
     the Secretary shall prepare and submit to the Senate 
     Committee on Indian Affairs and the House Committee on 
     Education and Labor, a report which summarizes the annual 
     reports of the Native Hawaiian Council, describes the 
     allocation and utilization of monies under this part, and 
     contains recommendations for changes in Federal, State, and 
     local policy to advance the purposes of this part.

     ``SEC. 3805. NATIVE HAWAIIAN LANGUAGE IMMERSION PROJECT.

       ``(a) Native Hawaiian Language Immersion Authority.--In 
     order to continue the state-wide effort at revitalizing the 
     Native Hawaiian Language through the Punana Leo Project and 
     the State of Hawaii's immersion project, the Secretary shall 
     make direct grants to--
       ``(1) Aha Punana Leo for the continued maintenance of the 
     Punana Leo Project, a family-based Hawaiian Immersion pre-
     school program;
       ``(2) the State of Hawaii for education support services 
     for the State of Hawaii's Hawaiian Immersion Program; and to
       ``(3) the State of Hawaii to establish a center for Native 
     Hawaiian curriculum development and teacher training.
       ``(b) Administrative Costs.--No more than 7 percent of the 
     funds appropriated to carry out the provisions of this 
     section for any fiscal year may be used for administrative 
     purposes.
       ``(c) Authorization of Appropriations.--There is authorized 
     to be appropriated $1,500,000 for fiscal year 1995 and such 
     sums as may be necessary for fiscal years 1996 through 1999. 
     Such funds shall remain available until expended.

     ``SEC. 3806. NATIVE HAWAIIAN FAMILY-BASED EDUCATION CENTERS.

       ``(a) General Authority.--The Secretary shall make direct 
     grants to Native Hawaiian Organizations (including Native 
     Hawaiian Educational Organizations) to develop and operate a 
     minimum of eleven Family-Based Education Centers throughout 
     the Hawaiian Islands. Such centers shall include--
       ``(1) Parent-Infant programs (prenatal through age 3);
       ``(2) Preschool programs for four and five year-olds;
       ``(3) continued research and development; and
       ``(4) long term followup and assessment program.
       ``(b) Administrative Costs.--No more than 7 percent of the 
     funds appropriated to carry out the provisions of this 
     section for any fiscal year may be used for administrative 
     purposes.
       ``(c) Authorization of Appropriations.--In addition to any 
     other amount authorized for the centers described in 
     subsection (a), there is authorized to be appropriated 
     $6,000,000 for fiscal year 1995 and such sums as may be 
     necessary for fiscal years 1996 through 1999. Such funds 
     shall remain available until expended.

     ``SEC. 3807. NATIVE HAWAIIAN HIGHER EDUCATION DEMONSTRATION 
                   PROGRAM.

       ``(a) Higher Education General Authority.--The Secretary 
     shall make grants to the Kamehameha Schools/Bernice Pauahi 
     Bishop Estate for a demonstration program to provide Higher 
     Education fellowship assistance to Native Hawaiian students. 
     The demonstration program under this program may include--
       ``(1) full or partial fellowship support for Native 
     Hawaiian students enrolled at an accredited two or four year 
     degree granting institution of higher education with awards 
     to be based on academic potential and financial need;
       ``(2) counseling and support services for such students 
     receiving fellowship assistance pursuant to subsection (a)(1) 
     of this section;
       ``(3) college preparation and guidance counseling at the 
     secondary school level for students who may be eligible for 
     fellowship assistance pursuant to subsection (a)(1) of this 
     section;
       ``(4) appropriate research and evaluation of the activities 
     authorized by this section; and
       ``(5) implementation of faculty development programs for 
     the improvement and matriculation of Native Hawaiian 
     students.
       ``(b) Grants Authorized.--The Secretary shall make grants 
     to Kamehameha Schools/Bernice Pauahi Bishop Estate for a 
     demonstration project of fellowship assistance for Native 
     Hawaiian students in post-bachelor degree programs. Such 
     project may include--
       ``(1) full or partial fellowship support for Native 
     Hawaiian students enrolled at an accredited post-bachelor 
     degree granting institution of higher education, with 
     priority given to professions in which Native Hawaiians are 
     under-represented and with awards to be based on academic 
     potential and financial need;
       ``(2) counseling and support services for such students 
     receiving fellowship assistance pursuant to subsection (b)(1) 
     of this section; and
       ``(3) appropriate research and evaluation of the activities 
     authorized by this section.
       ``(c) Special Condition Required.--For the purpose of 
     subsection (b) fellowship conditions shall be established 
     whereby recipients obtain an enforceable contract obligation 
     to provide their professional services, either during their 
     fellowship or upon completion of post-bachelor degree 
     program, to the Native Hawaiian community within the State of 
     Hawaii.
       ``(d) Special Rule.--No policy shall be made in 
     implementing this Section to prevent a Native Hawaiian 
     student enrolled at an accredited two or four year degree 
     granting institution of higher education outside of the State 
     of Hawaii from receiving a fellowship pursuant to Paragraphs 
     (a) and (b) of this Section.
       ``(e) Administrative Costs.--No more than 7 percent of the 
     funds appropriated to carry out the provisions of this 
     section for any fiscal year may be used for administrative 
     purposes.
       ``(f) Authorization of Appropriations.--
       ``(1) There are authorized to be appropriated $2,000,000 
     for fiscal year 1995 and such sums as may be necessary for 
     fiscal years 1996 through 1999 for the purpose of funding the 
     fellowship assistance demonstration project under subsection 
     (a).
       ``(2) There are authorized to be appropriated $1,500,000 
     for fiscal year 1995 and such sums as may be necessary for 
     fiscal years 1996 through 1999 for the purpose of funding the 
     fellowship assistance demonstration project provided under 
     subsection (b).
       ``(3) Funds appropriated under the authority of this 
     subsection shall remain available until expended.

     ``SEC. 3808. NATIVE HAWAIIAN GIFTED AND TALENTED 
                   DEMONSTRATION PROGRAM.

       ``(a) Gifted and Talented Demonstration Authority.--
       ``(1) The Secretary shall provide a grant to, or enter into 
     a contract with, the University of Hawaii at Hilo for--
       ``(A) the establishment of a Native Hawaiian Gifted and 
     Talented Center at the University of Hawaii at Hilo, and
       ``(B) for demonstration projects designed to--
       (i) address the special needs of Native Hawaiian elementary 
     and secondary school students who are gifted and talented 
     students, and
       (ii) provide those support services to their families that 
     are needed to enable such students to benefit from the 
     project.

     Such grant or contract shall be subject to the availability 
     of appropriated funds and, contingent on satisfactory 
     performance by the grantee, shall be provided for a term of 3 
     years.
       ``(2) After the term of the grant or contract provided, or 
     entered into, under paragraph (1) has expired, the Secretary 
     shall, for the purposes described in subparagraphs (A) and 
     (B) of paragraph (1), provide a grant to, or enter into a 
     contract with, the public, 4-year, fully accredited 
     institution of higher education located in the State of 
     Hawaii which has made the greatest contribution to Native 
     Hawaiian students. Such grant or contract shall be provided 
     on an annual basis. The grantees shall be authorized to 
     subcontract when appropriate, including with the Children's 
     Television Workshop.
       ``(b) Uses of Funds.--Demonstration projects funded under 
     this section may include--
       ``(1) the identification of the special needs of gifted and 
     talented students, particularly at the elementary school 
     level, with attention to--
       ``(A) the emotional and psychosocial needs of these 
     students, and
       ``(B) the provision of those support services to their 
     families that are needed to enable these students to benefit 
     from the projects;
       ``(2) the conduct of educational, psychosocial, and 
     developmental activities which hold reasonable promise of 
     resulting in substantial progress toward meeting the 
     educational needs of such gifted and talented children, 
     including, but not limited to, demonstrating and exploring 
     the use of the Native Hawaiian language and exposure to 
     Native Hawaiian cultural traditions;
       ``(3) the use of public television in meeting the special 
     educational needs of such gifted and talented children;
       ``(4) leadership programs designed to replicate programs 
     for such children throughout the State of Hawaii and to other 
     Native American peoples, including the dissemination of 
     information derived from demonstration projects conducted 
     under this section; and
       ``(5) appropriate research, evaluation, and related 
     activities pertaining to--
       ``(A) the needs of such children, and
       ``(B) the provision of those support services to their 
     families that are needed to enable such children to benefit 
     from the projects.
       ``(c) Information Provision.--The Secretary shall 
     facilitate the establishment of a national network of Native 
     Hawaiian and American Indian Gifted and Talented Centers, and 
     ensure that the information developed by these centers shall 
     be readily available to the educational community at large.
       ``(d) Administrative Costs.--No more than 7 percent of the 
     funds appropriated to carry out the provisions of this 
     section for any fiscal year may be used for administrative 
     purposes.
       ``(e) Authorization of Appropriations.--In addition to any 
     other amount authorized for projects described in this 
     section there are authorized to be appropriated $2,000,000 
     for fiscal year 1995 and such sums as may be necessary for 
     fiscal years 1996 through 1999. Such funds shall remain 
     available until expended.

     ``SEC. 3809. NATIVE HAWAIIAN SPECIAL EDUCATION PROGRAM.

       ``(a) Special Education Authority.--The Secretary shall 
     make grants to, and enter into contracts with, Pihana Na 
     Mamo, to operate projects to address the special education 
     needs of Native Hawaiian students. Such projects assisted 
     under this section may include--
       ``(1) the identification of Native Hawaiian children who 
     are learning disabled, mentally or physically handicapped, 
     educable mentally retarded, or otherwise in need of special 
     educational services;
       ``(2) the identification of special education needs of such 
     children, particularly at the elementary school level, with 
     attention to--
       ``(A) the emotional and psychosocial needs of these 
     students, and
       ``(B) the provision of those support services to their 
     families that are needed to enable such children to benefit 
     from the projects.
       ``(b) Administrative Costs.--No more than 7 percent of the 
     funds appropriated to carry out the provisions of this 
     section for any fiscal year may be used for administrative 
     purposes.
       ``(c) Matching Funds.--(1) The Secretary may not make a 
     grant or provide funds pursuant to a contract under this 
     subsection--
       ``(A) in an amount exceeding 83.3 percent of the costs of 
     providing health services under the grant or contract; and
       ``(B) unless Pihana Na Mamo agrees that the State of 
     Hawaii, the Office of Hawaiian Affairs, or any other non-
     Federal entity will make available, directly or through 
     donations to the Native Hawaiian Special Education Project, 
     non-Federal contributions toward such costs in an amount 
     equal to not less than $1 (in cash or in kind under paragraph 
     (2)) for each $5 of Federal funds provided in such grant or 
     contract.
       ``(2) Non-Federal contributions required in paragraph (1) 
     may be in cash or in kind, fairly evaluated, including plant, 
     equipment, or services. Amounts provided by the Federal 
     Government or services assisted or subsidized to any 
     significant extent by the Federal Government may not be 
     included in determining the amount of non-Federal 
     contributions.
       ``(d) Authorization of Appropriations.--In addition to any 
     other amount authorized for such project, there is authorized 
     to be appropriated $2,000,000 for fiscal year 1995 and such 
     sums as may be necessary for fiscal years 1996 through 1999. 
     Such funds shall remain available until expended.

     ``SEC. 3810. ADMINISTRATIVE PROVISIONS.

       ``(a) Application Required.--No grant may be made under 
     this part, nor any contract be entered into under this part, 
     unless an application is submitted to the Secretary in such 
     form, in such manner, and containing such information as the 
     Secretary may determine necessary to carry out the provisions 
     of this title.
       ``(b) Special Rule.--Each application submitted under this 
     title shall be accompanied by the comments of each local 
     educational agency serving students who will participate in 
     the project for which assistance is sought.

     ``SEC. 3811. DEFINITIONS.

       ``For the purposes of this part--
       ``(1) The term `Native Hawaiian' means any individual who 
     is--
       ``(A) a citizen of the United States,
       ``(B) a resident of the State of Hawaii, and
       ``(C) a descendant of the aboriginal people, who prior to 
     1778, occupied and exercised sovereignty in the area that now 
     comprises the State of Hawaii, as evidenced by--
       ``(i) genealogical records,
       ``(ii) Kupuna (elders) or Kama'aina (long-term community 
     residents) verification, or
       ``(iii) birth records of the State of Hawaii.
       ``(2) The term `Secretary' means the Secretary of 
     Education.
       ``(3) The term `Native Hawaiian Educational Organization' 
     means a private nonprofit organization that--
       ``(A) serves the interests of Native Hawaiians,
       ``(B) has Native Hawaiians in substantive and policy-making 
     positions within the organizations,
       ``(C) has a demonstrated expertise in the education of 
     Native Hawaiian youth, and
       ``(D) has demonstrated expertise in research and program 
     development.
       ``(4) The term `Native Hawaiian Organization' means a 
     private nonprofit organization that--
       ``(A) serves the interests of Native Hawaiians, and
       ``(B) has Native Hawaiians in substantive and policy-making 
     positions within the organizations,
       ``(C) is recognized by the Governor of Hawaii for the 
     purpose of planning, conducting, or administering programs 
     (or portions of programs) for the benefit of Native 
     Hawaiians.
       ``(5) The term `elementary school' has the same meaning 
     given that term under section 9101 of this Act.
       ``(6) The term `local educational agency' has the same 
     meaning given that term under section 9101 of this Act.
       ``(7) The term `secondary school' has the same meaning 
     given that term under section 9101 of this Act.

             ``PART H--ALLEN J. ELLENDER FELLOWSHIP PROGRAM

     ``SEC. 3901. FINDINGS.

       ``The Congress makes the following findings:
       ``(1) It is a worthwhile goal to ensure that all students 
     in America are prepared for responsible citizenship and that 
     all students should have the opportunity to be involved in 
     activities that promote and demonstrate good citizenship.
       ``(2) It is a worthwhile goal to ensure that America's 
     educators have access to programs for the continued 
     improvement of their professional skills.
       ``(3) Allen J. Ellender, a Senator from Louisiana and 
     President pro tempore of the United States Senate, had a 
     distinguished career in public service characterized by 
     extraordinary energy and real concern for young people. 
     Senator Ellender provided valuable support and encouragement 
     to the Close Up Foundation, a nonpartisan, nonprofit 
     foundation promoting knowledge and understanding of the 
     Federal Government among young people and educators. 
     Therefore, it is a fitting and appropriate tribute to Senator 
     Ellender to provide fellowships in his name to students of 
     limited economic means, the teachers who work with them and 
     older Americans so that they may participate in the programs 
     supported by the Close Up Foundation.

     ``Subpart 1--Program for Middle and Secondary School Students

     ``SEC. 3911. ESTABLISHMENT.

       ``(a) General Authority.--The Secretary is authorized to 
     make grants in accordance with the provisions of this title 
     to the Close Up Foundation of Washington, District of 
     Columbia, a nonpartisan, nonprofit foundation, for the 
     purpose of assisting the Close Up Foundation in carrying out 
     its programs of increasing understanding of the Federal 
     Government among middle and secondary school students.
       ``(b) Use of Funds.--Grants under this title shall be used 
     only for financial assistance to economically disadvantaged 
     students who participate in the program described in 
     subsection (a) of this section. Financial assistance received 
     pursuant to this title by such students shall be known as 
     Allen J. Ellender fellowships.

     ``SEC. 3912. APPLICATIONS.

       ``(a) Application Required.--No grant under this title may 
     be made except upon an application at such time, in such 
     manner, and accompanied by such information as the Secretary 
     may reasonably require.
       ``(b) Contents of Application.--Each such application shall 
     contain provisions to assure--
       ``(1) that fellowship grants are made to economically 
     disadvantaged middle and secondary school students;
       ``(2) that every effort will be made to ensure the 
     participation of students from rural and small town areas, as 
     well as from urban areas, and that in awarding fellowships to 
     economically disadvantaged students, special consideration 
     will be given to the participation of students with special 
     educational needs, including physically challenged students, 
     visually- and hearing-impaired students, ethnic minority 
     students, and gifted and talented students; and
       ``(3) the proper disbursement of the funds of the United 
     States received under this title.

     ``Subpart 2--Program for Middle and Secondary School Teachers

     ``SEC. 3915. ESTABLISHMENT.

       ``(a) General Authority.--The Secretary is authorized to 
     make grants in accordance with the provisions of this title 
     to the Close Up Foundation of Washington, District of 
     Columbia, a nonpartisan, nonprofit foundation, for the 
     purpose of assisting the Close Up Foundation in carrying out 
     its programs of teaching skills enhancement for middle and 
     secondary school teachers.
       ``(b) Use of Funds.--Grants under this title shall be used 
     only for financial assistance to teachers who participate in 
     the program described in subsection (a) of this section. 
     Financial assistance received pursuant to this title by such 
     individuals shall be known as Allen J. Ellender fellowships.

     ``SEC. 3916. APPLICATIONS.

       ``(a) Application Required.--No grant under this subpart 
     may be made except upon an application at such time, in such 
     manner, and accompanied by such information as the Secretary 
     may reasonably require.
       ``(b) Contents of Application.--Each such application shall 
     contain provisions to assure--
       ``(1) that fellowship grants are made only to teachers who 
     have worked with at least one student from his or her school 
     who participates in the programs described in section 101(a);
       ``(2) that not more than one teacher in each school 
     participating in the programs provided for in section 101(a) 
     may receive a fellowship in any fiscal year;
       ``(3) the proper disbursement of the funds of the United 
     States received under this title.

   ``Subpart 3--Programs for Recent Immigrants, Students of Migrant 
                      Parents and Older Americans

     ``SEC. 3921. ESTABLISHMENT.

       ``(a) General Authority.--(1) The Secretary is authorized 
     to make grants in accordance with the provisions of this 
     title to the Close Up Foundation of Washington, District of 
     Columbia, a nonpartisan, nonprofit foundation, for the 
     purpose of assisting the Close Up Foundation in carrying out 
     its programs of increasing understanding of the Federal 
     Government among economically disadvantaged older Americans, 
     recent immigrants and students of migrant parents.
       ``(2) For the purpose of this subpart, the term `older 
     American' means an individual who has attained 55 years of 
     age.
       ``(b) Use of Funds.--Grants under this subpart shall be 
     used only for financial assistance to economically 
     disadvantaged older Americans, recent immigrants and students 
     of migrant parents who participate in the program described 
     in subsection (a) of this section. Financial assistance 
     received pursuant to this subpart by such individuals shall 
     be known as Allen J. Ellender fellowships.

     ``SEC. 3922. APPLICATIONS.

       ``(a) Application Required.--No grant under this subpart 
     may be made except upon application at such time, in such 
     manner, and accompanied by such information as the Secretary 
     may reasonably require.
       ``(b) Contents of Application.--Each such application shall 
     contain provisions to assure--
       ``(1) that fellowship grants are made to economically 
     disadvantaged older Americans, recent immigrants and students 
     of migrant parents;
       ``(2) that every effort will be made to ensure the 
     participation of older Americans, recent immigrants and 
     students of migrant parents from rural and small town areas, 
     as well as from urban areas, and that in awarding 
     fellowships, special consideration will be given to the 
     participation of older Americans, recent immigrants and 
     students of migrant parents with special needs, including 
     physically challenged individuals, visually- and hearing-
     impaired individuals, ethnic minorities, and gifted and 
     talented students;
       ``(3) that activities permitted by section 301(a) are fully 
     described; and
       ``(4) the proper disbursement of the funds of the United 
     States received under this title.

                    ``Subpart 4--General Provisions

     ``SEC. 3925. ADMINISTRATIVE PROVISIONS.

       ``(a) General Rule.--Payments under this part may be made 
     in installments, in advance, or by way of reimbursement, with 
     necessary adjustments on account of underpayment or 
     overpayment.
       ``(b) Audit Rule.--The Comptroller General of the United 
     States or any of the Comptroller General's duly authorized 
     representatives shall have access for the purpose of audit 
     and examination to any books, documents, papers, and records 
     that are pertinent to any grant under this part.

     ``SEC. 3926. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) There are authorized to be appropriated to carry out 
     the provisions of subparts 1, 2, and 3 of this part 
     $4,400,000 for fiscal year 1995 and such sums as may be 
     necessary for each of the fiscal years 1996, 1997, 1998, and 
     1999.
       ``(b) Of the funds appropriated pursuant to subsection (a), 
     not more than 30 percent may be used for teachers associated 
     with students participating in the programs described in 
     section 3911(a).

          ``PART I--TERRITORIAL EDUCATION IMPROVEMENT PROGRAM

     ``SEC. 3931. FINDINGS AND PURPOSES.

       ``(a) Findings.--The Congress finds that--
       ``(1) the attainment of a high quality education is 
     important to a society and to each individual;
       ``(2) it is the policy of the United States that all 
     citizens have a fair opportunity to receive a high quality 
     education;
       ``(3) such opportunity should extend to United States 
     citizens and nationals residing in the outlying areas;
       ``(4) reports show that the outlying areas have repeatedly 
     placed last in national education tests which measure 
     knowledge in core subject areas;
       ``(5) all students must realize their potential if the 
     United States is to prosper; and
       ``(6) students in the outlying areas require additional 
     assistance if they are to obtain the high standards 
     established for all students in the United States.
       ``(b) Purposes.--The purpose of this part is to authorize 
     an education improvement program for the United States Virgin 
     Islands, Guam, American Samoa, the Northern Mariana Islands, 
     and Palau which will assist in developing programs which will 
     enhance student learning, increase the standard of education, 
     and improve the performance levels of all students.

     ``SEC. 3932. GRANT AUTHORIZATION.

       ``The Secretary is authorized to make grants to the Virgin 
     Islands, Guam, American Samoa, the Northern Mariana Islands 
     and Palau, until the effective date of the Compact of Free 
     Association with the Government of Palau, to fund innovative 
     education improvement programs which will increase student 
     learning.

     ``SEC. 3933. RESTRICTIONS.

       ``(a) Construction.--No funds from a grant under section 
     3922 may be used for construction.
       ``(b) Full Use.--If funds authorized under section 3922 are 
     not fully committed within the period of the grant, the grant 
     for the next period shall be reduced by the amount of funds 
     not fully committed.

     ``SEC. 3934. AUTHORIZATION.

       ``There are authorized to be appropriated for grants under 
     section 3922 $5,000,000 for each of the fiscal years 1994 
     through 1999.


                    amendment offered by mr. boehner

  Mr. BOEHNER. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Boehner: Beginning on page 372, 
     strike line 20 and all that follows through line 22 on page 
     397 (and redesignate the subsequent parts accordingly).

  Mr. BOEHNER. Mr. Chairman, as we have debated this bill over the last 
week and the week before in committee, the gentleman from Florida [Mr. 
Miller] and I and others have been trying to eliminate a lot of the 
programs that the President wanted eliminated in the reauthorizing of 
elementary and secondary education.
  The Gore Commission also suggested and recommended a number of 
programs be eliminated. One such program is the Education for Native 
Hawaiians.
  This program benefits one group of people. It does not benefit the 
Nation as a whole. Nor does it advance the national education concerns.
  The Clinton administration recommended its elimination because the 
services under the program can be met by other programs.
  It is a perfect example of what we are trying to eliminate. As we 
continue to add programs back to the President's request, we continue 
to see these small, targeted programs added to this piece of 
legislation. It takes away its focus. Although the program is well-
intended, it is well-meaning, I must ask, is it the role and the 
responsibility of the Federal Government to provide funding for 
something this small and this targeted that only serves one State in 
the Nation.
  I suggest to my colleagues that it is not my intent to hurt those 
from Hawaii, but it is not our role here in Washington to be funding 
these types of programs.
  So I stand here today on behalf of President Clinton, on behalf of 
Vice President Gore, who have suggested that this program not be funded 
and not be reauthorized. I ask for the adoption of the amendment.
  Mr. KILDEE. Mr. Chairman, I move to strike the last word, and I rise 
in opposition to this amendment.
  A Republican President many years ago reluctantly accepted the 
annexation of the Hawaiian Islands, and there was a very strange 
history in that annexation.
  Mrs. MINK of Hawaii. Mr. Chairman, will the gentleman yield?
  Mr. KILDEE. I yield to the gentlewoman from Hawaii.
  Mrs. MINK of Hawaii. Mr. Chairman, this obviously is very important 
to my State. I am afraid that the gentleman from Ohio has 
mischaracterized it as a program that can be replicated by funds 
otherwise appropriated by the Elementary, Secondary Education Act.
  What he fails to understand is that throughout the history of this 
Congress, we have paid special recognition to native Americans. We have 
special legislation even in this very bill to take care of native 
Americans. This is all that this title does, with reference to the 
native Hawaiians.
  History has not recognized the fact that there are people in Hawaii, 
when it was a kingdom, that were there and are, therefore, because of 
annexation, native Americans.

                              {time}  1310

  We have struggled over the years to be defined within that definition 
of native Americans because they were the people who were there before 
Hawaii became a territory and then later a State.
  The takeover of the Kingdom of Hawaii is a tragedy that even now the 
people of Hawaii are trying desperately to reconcile. The kingdom was 
overthrown by military force, by American Marines that landed and 
caused the overthrow of the kingdom and the imprisonment of the then-
queen, Lil'uokalani. That in itself would be a tragedy except for the 
fact that not only was she imprisoned and the government put down, and 
the American flag raised at that point, but all of the lands that 
belonged to the kingdom and to the government of the Kingdom of Hawaii 
were taken and confiscated with not one penny given to the people in 
exchange.
  The Government attempted several times to express its dismay and to 
express some vocal expression of regret over what happened, but 
ultimately, since 100 years ago, nothing has been done really to 
rectify the great harm that was caused the native Americans who were 
Hawaiians at that point. So all we are trying to do with the Native 
Hawaiian Education Act is to recognize their special status parallel to 
all other native Americans in this country. They are not included in 
the Native American Education Act and all of the provisions and so, 
therefore, in order to make sure that they are accorded the same 
recognition, it is imperative that this language be continued. The 
native Americans have suffered not only the loss of their lands, but 
the loss of their ability to survive as a group.
  In 1920, the Hawaiian Homestead Act was passed by the Congress in a 
partial recognition of this terrible act that occurred in 1893. But 
what happened in that restoration, so-called restoration of some of the 
lands of the native Hawaiians is that the lands that were selected for 
restoration were in the remotest parts of the then-territory of Hawaii. 
It did not accord the native Hawaiians an opportunity to live in places 
where there were jobs, where there were schools, where there was access 
to the market forces that enabled the State of Hawaii to grow into 
recent times. Therefore, I beg this Chamber to understand the history 
of the people who were native to Hawaii before the takeover and not 
abolish this symbolic program, particularly on the eve on which the 
State itself is saying to the native Hawaiians in its population, ``Try 
to decide what you want to do for your future.'' They have passed an 
enabling act for sovereignty to try to give some dignity to the native 
Hawaiians there who are struggling to find themselves, to give them 
respect and dignity.
  So this is a small step. If this should fail today, I am afraid that 
it will send the wrong signal to the State and to its people, and in 
particular to the native Hawaiians, and will create in their minds a 
feeling that the Federal Government indeed assumes no obligations for 
what it did 100 years ago, the very obligation that we are trying to 
say it must assume.
  Last November this Congress unanimously passed the Apologies 
Resolution in recognition of what happened 100 years ago. Let us not 
take a step back today by denying these people a small measure of what 
they were entitled to when they were taken over in 1893.
  Mr. MILLER of Florida. Mr. Chairman, I rise in opposition to the 
amendment.
  Mr. Chairman, the gentlewoman from Hawaii talks about a very fine 
program, and I commend it, but the question is really a question of 
educational pork and whether we have all of these categorical programs 
in this particular bill.
  The gentleman from Ohio [Mr. Boehner] and I will be offering a series 
of amendments to try to delete a lot of these individual programs. We 
need to focus our resources in title 1 in chapter 2 without adding on 
another program, another program, another program.
  This is a $13 million program. President Clinton in his budget said 
this program, ``provides educational services exclusively to Hawaiian 
natives despite the availability similar assistance for eligible 
Hawaiian natives under such formula grant programs as title I, even 
start, and special education.''
  The Gore Commission even recommended this not be continued. We have 
to start drawing the line. As we vote on the budget tomorrow and vote 
on a balanced budget amendment, we are going to have to look at $13 
million here and $10 million there. It adds up to real money.
  So I oppose this not because it is not a good program because I think 
it is a good program. But I just object to a small categorical program 
just for one segment of the population.
  Mr. BOEHNER. Mr. Chairman, will the gentleman yield?
  Mr. MILLER of Florida. I yield to the gentleman from Ohio.
  Mr. BOEHNER. Mr. Chairman, I thank the gentleman for yielding.
  Let me make it clear that Hawaii qualifies like any other State for 
all of the educational programs that come out of the Federal 
Government. But I want to remind my colleagues in the Chamber that 
there are programs over and above those for Hawaii such as special 
education for Hawaii that gets a $2 million authorization. There is a 
native Hawaiian higher education demonstration project which is another 
$2 million, and various other programs beyond this one that are over 
and above what every other State gets.
  I should also bring to my colleagues' attention in the bill on page 
374 some language that I take particular exception to. It is section 
(7) beginning on line 14 which says:

       In the year 1893, the United States Minister assigned to 
     the sovereign and independent Kingdom of Hawaii, John L. 
     Stevens, conspired with a small group of non-Hawaiian 
     residents of the kingdom, including citizens of the United 
     States, to overthrow the indigenous and lawful Government of 
     Hawaii.

  Continuing on line 21,

       In pursuance of that conspiracy, the United States Minister 
     and the naval representative of the United States caused 
     armed naval forces of the United States to invade the 
     sovereign Hawaiian Nation in support of the overthrow of the 
     indigenous and lawful Government of Hawaii and the United 
     States Minister thereupon extended diplomatic recognition of 
     a provisional government formed by the conspirators without 
     the consent of the native people of Hawaii or the lawful 
     Government of Hawaii in violation of treaties between the two 
     nations and of international law.

  Now why we would have this kind of language put into the preface of 
this program I do not know.
  Mrs. MINK of Hawaii. Mr. Chairman, will the gentleman yield?
  Mr. MILLER of Florida. I yield to the gentlewoman from Hawaii.
  Mrs. MINK of Hawaii. Mr. Chairman, the reason for the inclusion of 
that language is because it is the truth. It is exactly what happened 
100 years ago, and that formula is the basis for our insistence here, 
year after year, that native Hawaiians as the indigenous people who 
lived there before they became the territory of Hawaii be accorded the 
same status as native Americans in all other programs. The Congress has 
not seen fit to include native Hawaiians as indigenous peoples. They 
have included Aleuts and the Eskimos and various other people, but not 
the indigenous people who lived in Hawaii at the time of the takeover.
  The facts the gentleman read into the Record just now are absolutely 
true, and all we are saying is that it is time for the United States of 
America to recognize what they did and to make amends for it. And one 
of the areas that we insist can be corrected is the disadvantage these 
people suffer because of the isolation that was foisted upon them when 
their lands that were returned were in the remotest part of the State, 
not close to the population centers where education and jobs and other 
opportunities were available.
  Mr. BOEHNER. I understand what the gentlewoman from Hawaii is saying, 
but I do not know how that differs from the people of Texas and what 
happened in Texas some time ago. I do not know how that differs from 
the State of Florida and what happened in Florida many, many years ago.
  The fact is, there are enough special programs already in law, 
already authorized and funded for native Hawaiians. The point is that 
your Vice President and mine, Al Gore, in his recommendations believes 
that this program ought to go. The President made it clear in his 
reauthorization that this program ought to go. And I as a Republican am 
going to stand here today and offer this on behalf of them.
  Mr. FALEOMAVAEGA. Mr. Chairman, I move to strike the requisite number 
of words.
  Mr. Chairman, I have much admiration for my friend who has proposed 
this amendment. Certainly no one here in this Chamber could not be more 
conscious of the fact that we are in a very strained situation in our 
country as far as budget cutting is concerned.

                              {time}  1320

  Now, with reference to this gentleman's amendment about the native 
Hawaiians, I think this is probably one of the issues that our 
colleagues really need to have a better orientation on--the plight of 
native Hawaiians when it comes to education; the history and how our 
country became involved with the native Hawaiians some 100 years ago. 
It is not a very pretty picture, I would suggest to the gentleman, when 
our Nation robbed the Hawaiian Islands from its rightful government.
  Mr. Chairman, we have 200,000 native Hawaiians living in the State of 
Hawaii. These people are not begging or asking us that they ought to be 
given any special treatment. The fact of the matter is, native 
Americans are given special treatment because the Congress specifically 
is given that responsibility under the Constitution. I think over the 
years what we need to understand is that the native Hawaiian community 
needs this kind of assistance. We ought to assist them.
  I respectfully disagree with my President who proposes that we cut 
this program. I could not agree more with the gentlewoman from Hawaii 
that we ought to include this program in the educational bill.
  Mr. KILDEE. Mr. Chairman, will the gentleman yield?
  Mr. FALEOMAVAEGA. I am happy to yield to the gentleman from Michigan.
  Mr. KILDEE. Mr. Chairman, this Congress has very often belatedly 
recognized the indigenous people of the United States of America. What 
advantage the Americans of North America had is that in most instances 
we at least had the good grace to sign a treaty with them, and in all 
of those treaties with the native Americans of North America, we 
promised them almost universally education.
  I ask you to go down to the National Archives down the street and 
read the treaties we have signed with Britain, with Germany, with 
France, and with the Indian tribes and nations of this country. We 
promised them education.
  We are very slow in delivering that, and we are still not doing it 
well. But we did give them, and there are programs for Indian education 
in this country. Belatedly in 1988 we recognized that another group of 
indigenous people in this country in the State of Hawaii, who did not 
even have the benefit of a treaty because they were forcefully taken 
over, that they had some special educational needs, because their 
culture was disrupted, their land taken from them. In 1988 this 
Congress, with great deliberation, decided that we owed them something, 
and that education was one of the best ways to repay that which we had 
done to them in the last century. This was very carefully deliberated, 
very carefully studied. I was part of that.
  And to take this away from people who lost their lands, whose culture 
has been threatened, I think, is something unacceptable.
  Mr. FALEOMAVAEGA. Mr. Chairman, I thank the chairman.
  Mr. de LUGO. Mr. Chairman, will the gentleman yield?
  Mr. FALEOMAVAEGA. I am happy to yield to the gentleman from the 
Virgin Islands.
  Mr. de LUGO. Mr. Chairman, I thank the gentleman for yielding.
  Mr. Chairman, let me say this is a great Nation we belong to, and not 
all of our history is as it is presented in Warner Brothers Technicolor 
musicals. In fact, some of our history is pretty tough, pretty 
shameful.
  But a great, great nation can correct those things, and that is what 
this Congress decided to do.
  The Vice President served in this House. I have great admiration for 
him, but he does not at this time serve on the Education Committee. 
This is a determination of the Education Committee who looked at this 
question and through the leadership of the gentlewoman from Hawaii 
[Mrs. Mink], the Education Committee feels strongly that this is a 
worthy program, a noble program from a great nation to a great people, 
the Hawaiian native people.
  What does this program do? The native Hawaiian program sets up a 
language immersion project, native Hawaiian family-based education 
centers, native Hawaiian higher education demonstration program, native 
Hawaiian gifted and talented program, and native Hawaiian special 
education program.
  What is the amount of money that we are talking about here? Are we 
going to balance the budget with it? It is less than $15 million, less 
than $15 million to right a terrible wrong that we were a part of.
  So I commend the gentlewoman from Hawaii. I commend the gentleman 
from Michigan, chairman of the subcommittee, and the gentleman from 
Michigan [Mr. Ford], chairman of the full committee, for supporting 
this legislation, and I urge the defeat of the amendment.
  Mr. HUGHES. Mr. Chairman, I rise in strong support of title III of 
H.R. 6, particularly the Civic Education Program.
  As my colleagues know, the Civic Education Program called We the 
People, the Citizen and the Constitution teaches students about the 
history and principles of the Constitution and the Bill of Rights, and 
fosters a greater understanding of the importance of civic 
responsibility and public service.
  Enacted by Congress in 1985, the Civic Education Program is now 
implemented in every State and congressional district in the Nation. 
The lessons of good citizenship and democratic values, which we all 
hold dear, have reached an estimated 40,000 schools, 100,000 teachers, 
and 20,000 young Americans in the classroom.
  Under H.R. 6 this program is reauthorized and expanded to establish 
assistance to schools in the broader context of civic government and 
law.
  Activities and course instruction carried out through this program 
will involve students in subject matter such as the rights and 
responsibilities of citizenship, and encouragement of nonviolent means 
of conflict resolution such as arbitration, mediation, and negotiation.
  Our society is already paying the monetary and social costs 
attributed to a generation of youth who have not received an adequate 
education in civics and social responsibility.
  As we continue to search for solutions to the challenges of crime, 
drugs, illegitimate births, and violence, which plague a generation of 
young Americans, it would be tragic if we allowed this situation to 
persist.
  Civic education is a modest investment in crime and violence 
prevention and provides our young people with the foundation for 
becoming good citizens and making responsible decisions. We can make a 
difference in future generations by acting now to instill those 
principles and values in our very youngest of citizens.
  As we struggle to reduce the deficit and get the most out of scarce 
Federal resources, I fully support the efforts of many of my colleagues 
to eliminate programs which are not effective or have outlived their 
usefulness. However, I believe a program which can have such a positive 
influence on our students and shape the future leaders of this country 
should be a priority.
  If we sincerely care about government ``By the People,'' I urge my 
colleagues to make an investment to sustain the greatness of our Nation 
in the next century and beyond by supporting the We The People Civic 
Education Program.
  Mr. KREIDLER. Mr. Speaker, I would like to voice my opposition to Mr. 
Boehner's amendment to H.R. 6, which would eliminate funding for, among 
other things, civic education programs. The We The People program, 
which has been helping educate students in my State of Washington since 
its inception, is one of the programs that this amendment would cut.
  Civic education helps meet the need of young people to understand the 
responsibilities of a democracy. It helps them see how our country's 
legal system evolved, and how history is comprised of a series of 
interconnected events rather than simply isolated incidents.
  This bipartisan program is endorsed by such organizations as the 
American Bar Association, the National Association for the Advancement 
of Colored People [NAACP], the Parent/Teacher Association, and the 
National School Boards. I urge my colleagues to oppose this amendment.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Ohio [Mr. Boehner].
  The question was taken; and the Chairman announced that the noes 
appeared to have it.


                             recorded vote

  Mr. BOEHNER. Mr. Chairman, I demand a recorded vote.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 203, 
noes 213, not voting 22, as follows:

                             [Roll No. 43]

                               AYES--203

     Allard
     Archer
     Armey
     Bachus (AL)
     Baker (CA)
     Baker (LA)
     Ballenger
     Barrett (NE)
     Bartlett
     Barton
     Bateman
     Bentley
     Bereuter
     Bevill
     Bilirakis
     Bliley
     Blute
     Boehlert
     Boehner
     Bonilla
     Browder
     Bunning
     Burton
     Buyer
     Callahan
     Calvert
     Camp
     Canady
     Castle
     Chapman
     Clinger
     Coble
     Collins (GA)
     Combest
     Condit
     Cooper
     Coppersmith
     Costello
     Cox
     Cramer
     Crapo
     Cunningham
     Deal
     DeLay
     Dickey
     Doolittle
     Dornan
     Dreier
     Duncan
     Dunn
     Ehlers
     Emerson
     Everett
     Ewing
     Fawell
     Fields (TX)
     Fingerhut
     Fish
     Fowler
     Franks (CT)
     Franks (NJ)
     Gallegly
     Gekas
     Geren
     Gilchrest
     Gillmor
     Gingrich
     Glickman
     Goodlatte
     Goodling
     Goss
     Grams
     Grandy
     Greenwood
     Gunderson
     Hancock
     Hansen
     Harman
     Hastert
     Hefley
     Herger
     Hoagland
     Hobson
     Hoekstra
     Hoke
     Huffington
     Hunter
     Hutchinson
     Hutto
     Hyde
     Inglis
     Inhofe
     Istook
     Johnson (CT)
     Johnson (SD)
     Johnson, Sam
     Kanjorski
     Kasich
     Kim
     King
     Kingston
     Klug
     Knollenberg
     Kolbe
     Kyl
     Lazio
     Leach
     Levy
     Lewis (CA)
     Lewis (FL)
     Lightfoot
     Linder
     Lipinski
     Livingston
     Machtley
     Mann
     Manzullo
     Mazzoli
     McCandless
     McCollum
     McCrery
     McDade
     McHugh
     McInnis
     McKeon
     McMillan
     Meyers
     Mica
     Michel
     Miller (FL)
     Minge
     Molinari
     Montgomery
     Moorhead
     Morella
     Myers
     Nussle
     Oxley
     Packard
     Parker
     Paxon
     Payne (VA)
     Penny
     Peterson (FL)
     Peterson (MN)
     Petri
     Pombo
     Porter
     Poshard
     Price (NC)
     Pryce (OH)
     Quillen
     Quinn
     Ramstad
     Ravenel
     Regula
     Ridge
     Roberts
     Rogers
     Rohrabacher
     Roth
     Roukema
     Rowland
     Royce
     Santorum
     Saxton
     Schaefer
     Schiff
     Sensenbrenner
     Shaw
     Shays
     Shuster
     Sisisky
     Skeen
     Smith (MI)
     Smith (NJ)
     Smith (OR)
     Smith (TX)
     Snowe
     Solomon
     Spence
     Stearns
     Stenholm
     Stump
     Talent
     Tanner
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Thomas (CA)
     Thomas (WY)
     Thurman
     Torkildsen
     Upton
     Valentine
     Vucanovich
     Walker
     Walsh
     Weldon
     Wolf
     Young (FL)
     Zeliff
     Zimmer

                               NOES--213

     Ackerman
     Andrews (ME)
     Andrews (NJ)
     Applegate
     Bacchus (FL)
     Baesler
     Barca
     Barcia
     Barlow
     Barrett (WI)
     Becerra
     Beilenson
     Bilbray
     Bishop
     Blackwell
     Bonior
     Boucher
     Brewster
     Brown (CA)
     Brown (FL)
     Brown (OH)
     Bryant
     Byrne
     Cantwell
     Cardin
     Carr
     Clay
     Clayton
     Clement
     Clyburn
     Coleman
     Collins (IL)
     Collins (MI)
     Conyers
     Coyne
     Danner
     Darden
     de Lugo (VI)
     DeFazio
     DeLauro
     Dellums
     Derrick
     Deutsch
     Diaz-Balart
     Dicks
     Dingell
     Dixon
     Durbin
     Edwards (TX)
     Engel
     English
     Eshoo
     Evans
     Faleomavaega (AS)
     Farr
     Fazio
     Fields (LA)
     Filner
     Flake
     Foglietta
     Ford (MI)
     Ford (TN)
     Frank (MA)
     Frost
     Furse
     Gejdenson
     Gephardt
     Gibbons
     Gilman
     Gonzalez
     Gordon
     Green
     Gutierrez
     Hall (OH)
     Hall (TX)
     Hamburg
     Hamilton
     Hefner
     Hilliard
     Hinchey
     Hochbrueckner
     Holden
     Horn
     Hoyer
     Hughes
     Inslee
     Jacobs
     Jefferson
     Johnson (GA)
     Johnson, E. B.
     Johnston
     Kaptur
     Kennedy
     Kennelly
     Kildee
     Kleczka
     Klein
     Klink
     Kopetski
     Kreidler
     LaFalce
     Lambert
     Lancaster
     Lantos
     LaRocco
     Laughlin
     Lehman
     Levin
     Lewis (GA)
     Lloyd
     Long
     Lowey
     Maloney
     Manton
     Margolies-Mezvinsky
     Markey
     Martinez
     Matsui
     McCloskey
     McDermott
     McHale
     McKinney
     McNulty
     Meehan
     Meek
     Menendez
     Mfume
     Miller (CA)
     Mineta
     Mink
     Moakley
     Mollohan
     Moran
     Murphy
     Murtha
     Nadler
     Neal (MA)
     Neal (NC)
     Norton (DC)
     Oberstar
     Obey
     Olver
     Ortiz
     Orton
     Owens
     Pallone
     Pastor
     Payne (NJ)
     Pelosi
     Pickett
     Pickle
     Pomeroy
     Rahall
     Rangel
     Reed
     Richardson
     Roemer
     Romero-Barcelo (PR)
     Ros-Lehtinen
     Rose
     Rostenkowski
     Roybal-Allard
     Sabo
     Sanders
     Sangmeister
     Sarpalius
     Sawyer
     Schenk
     Schroeder
     Schumer
     Scott
     Serrano
     Sharp
     Shepherd
     Skaggs
     Skelton
     Slattery
     Slaughter
     Smith (IA)
     Spratt
     Stark
     Stokes
     Strickland
     Studds
     Stupak
     Swett
     Swift
     Synar
     Tejeda
     Thompson
     Thornton
     Torres
     Torricelli
     Towns
     Traficant
     Tucker
     Underwood (GU)
     Unsoeld
     Velazquez
     Vento
     Visclosky
     Volkmer
     Waters
     Watt
     Waxman
     Wheat
     Williams
     Wilson
     Wise
     Wyden
     Wynn
     Yates
     Young (AK)

                             NOT VOTING--22

     Abercrombie
     Andrews (TX)
     Berman
     Borski
     Brooks
     Crane
     de la Garza
     Dooley
     Edwards (CA)
     Gallo
     Hastings
     Hayes
     Houghton
     McCurdy
     Natcher
     Portman
     Reynolds
     Rush
     Sundquist
     Washington
     Whitten
     Woolsey

                                   1348

  The Clerk announced the following pair:
  On this vote:

       Mr. Sundquist for, with Mr. Abercrombie against.

  Mr. WILSON and Mr. HALL of Texas changed their vote from ``aye'' to 
``no.''
  Messrs. SMITH of Texas, HASTERT, JOHNSON of South Dakota, QUILLEN, 
TANNER, and FINGERHUT, Mrs. MORELLA, Mr. BROWDER, and Mr. SISISKY 
changed their vote from ``no'' to ``aye.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.

                              {time}  1350


                    amendment offered by mr. boehner

  Mr. BOEHNER. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Boehner: Beginning on page 404, 
     strike line 22 and all that follows through line 18 on page 
     406 (and redesignate the subsequent parts accordingly).

  Mr. BOEHNER. Mr. Chairman, this amendment that we have before us 
would eliminate the $10 million authorization for the territorial 
education improvement section of this bill. This program targets one 
group of people, those people living in the territories such as the 
Virgin Islands and Guam. It is essentially a combination of two current 
programs, general assistance to the Virgin Islands and territorial 
teacher training.
  The Clinton administration concluded that the Virgin Islands program 
is unneeded, and that the territorial program has a limited impact. In 
addition, the territories will receive moneys from other education 
programs.
  Again let me say that I do not want to repeat all the arguments we 
went through with the Native Hawaiian special program, but a lot of the 
arguments are identical, the same. Those in the territories qualify 
under the programs like all of the States. The moneys are already 
there, and what this does is further dilute the focus of this program 
and further dilute the focus of ESEA and in fact give a special pot of 
money and special assistance to a very targeted, select group of people 
in this country.
  Mr. KILDEE. Mr. Chairman, I rise in opposition to the amendment.
  Mr. Chairman, I want to make it clear, first of all, that this is not 
the old territorial assistance program. The Committee on Education and 
Labor worked hard to try to improve this program, and the program in 
this bill responds to the results from the National Assessment of 
Educational Progress, which shows that students in those outlying areas 
really are placing last in the Nation, not because of lack of 
intelligence but because of neglect, neglect on the part of their 
Government.
  This new improved program for the territories tries to close that gap 
between the people in this continent and the people who reside in our 
territories. These students are the neediest of the needy. The tests 
indicate that, based on very objective testing.
  Mr. Chairman, I urge the defeat of this amendment.
  Mr. de LUGO. Mr. Chairman, will the gentleman yield?
  Mr. KILDEE. I yield to the gentleman from the Virgin Islands.
  Mr. de LUGO. Mr. Chairman, I thank the gentleman for yielding, and I 
thank him for his generosity.
  The fact is that this program is not a $10 million program. It is 
one-half of that. Fliers were passed around by those who are trying to 
defeat this program.
  This flier that is dated March 2, 1994, says at the top, ``Get the 
correct information on H.R. 6.'' And on this flier it says that this 
program they are trying to knock out to help the neediest of the needy 
in our Nation is a $10 million program.
  If we are going to get the facts straight, we should know that it is 
not a $10 million program; it is a $5 million program.
  The gentleman said that the territories are treated the same as all 
the other States. The territories are not treated the same as the 
States. The territories get a set-aside of 1 percent, and in many cases 
we have to compete against each other. Our students have to compete for 
one scholarship against the students from the other territories.
  This program is needed by the Americans in the U.S. territories. This 
is an obligation of this great Nation of ours. These are Americans we 
are talking about here, and let me say that it does not make me feel 
good or proud to report to the Members on the figures out in the 
territories.
  Let me say that both the Republican and Democratic administrations 
have funded the territorial teacher assistance program, and this 
Congress supported it. But that is not this program. The territorial 
education improvement program that the term referred to does not 
reauthorize either of the old programs referred to. What it does is, it 
addresses a serious need in the territories. The National Education 
Goal Report shows that in Guam only 7 percent of the students scored at 
or above the proficient achievement level in math. In the Virgin 
Islands, the figure is 1 percent.
  Do the Members think this is something frivolous that the Committee 
on Education and Labor is doing here? This is a serious committee. It 
has worked hard on this issue. It knows that this has merit and, 
therefore, voted to support it.
  Let us look at the figures. In Ohio, it is 22 percent; in Alabama, it 
is 12 percent. Let us look at Arkansas. These are the most needy of the 
States. There it is 13 percent versus 1 percent in the U.S. Virgin 
Islands.
  Only two public junior high schools in the Virgin Islands score 
average in reading skills. That is not above average, but average. And 
only 16 percent of the students at the high school level in the Virgin 
Islands read at their grade level.
  So what we are fighting for today is help for American citizens that 
need help. Would the Members vote for more money for jails? Yes, they 
would vote for more money for jails, but when we vote for more money 
for education, we do not have to put more money in for jails because 
people would be able to get good jobs and live good lives in this great 
country of ours.
  So, Mr. Chairman, I urge my colleagues to vote ``no'' on this 
amendment.
  Mr. UNDERWOOD. Mr. Chairman, I vote to strike the last word.
  Mr. Chairman, I stand in opposition to this amendment. It seems to me 
that what we have at work here is a perception of the islands as not 
having a serious life. We are not talking about a serious of islands 
with idyllic conditions. We are not talking about the South Pacific; we 
are talking about the real Pacific, and these are islands with serious 
educational problems.
  As pointed out by my colleagues, the gentleman from the Virgin 
Islands, many of the territories--and this is not good news--placed 
last in many standardized courses. The point of this legislation is not 
to do a revamping of this system. It is to make a small amount of 
money, $5 million, available so that the creative energies of the 
school systems in those territories can come up with innovative 
programs that will meet our needs. And they are very unique needs. We 
are not talking about mainstream children; we are talking about 
children who come from backgrounds which are clearly not mainstream. 
They are nonmainstream in every sense of the word--culturally, 
linguistically politically, socially, and economically, and the reason 
why we have a program like this is to respond to those unique 
conditions.
  This is $5 million. We are not talking about something that is going 
to break the bank, and we are not talking about something that is going 
to save a lot of money. I know that some of the issues that have been 
raised earlier about the concerns of the administration in cutting this 
money clearly are not applicable in this instance.
  We are entrusted here with a sense of responsibility and a sense of 
proportion. We are talking about a limited amount of money for some 
territories, and we are talking about unique and special circumstances 
involving geographical distances and the fact that many of the school 
systems are staffed by people who are not fully certified.

                              {time}  1400

  We are talking about a whole range of circumstances here. I have 
spend most of my life as an educator and I spend most of my life trying 
to improve education in the territories. And it seems to me that an 
amendment of this nature is made more pernicious by the fact that it 
seeks out the most vulnerable in this legislation, H.R. 6. It seeks out 
those that are most vulnerable and subjects them to the kind of vote 
that we are going to be faced with on this issue. Not only are 
territories denied full participation in the political process here, we 
are now facing our own reduction of needed resources in a manner which 
seeks out those which are most vulnerable and those people are the 
delegates who represent the territories here.
  Mr. FALEOMAVAEGA. Mr. Chairman, I rise in strong opposition to the 
gentleman's amendment and move to strike the requisite number of words.
  Mr. Chairman, H.R. 6 is intended to improve the quality of education 
for all American students. However, this amendment denies the neediest 
students the opportunity to receive equal educational opportunities 
available to other students in this Nation.
  The authors of the amendment see these programs as a waste and yet 
refuse to recognize the special needs and unique circumstances of these 
Americans in dire need of quality education.
  Mr. Chairman, I understand the underlying concern that we should 
consider only programs which benefit all Americans. But it is 
imperative that we should also recognize the special needs and unique 
circumstances of these Americans whose needs are not addressed in our 
national programs.
  Mr. Chairman, this amendment would eliminate important programs such 
as the Territorial Educational Investment Program, and Education and 
Native Hawaiians, as was stated earlier.
  Mr. Chairman, we want the same things. However, students from the 
territories continue to be ranked last in the Nation in achievement 
scores based on results from the last two NAAEP tests and other 
educational tests. In order for students in the outlying areas to meet 
mainland achievement levels and meet the high standards supporters of 
this amendment vigorously seek, Federal assistance is desperately 
needed.
  I firmly believe this educational program will do precisely that. 
Before you give the students in the outlying areas the quality 
education provided for under this bill, we must first bring their level 
of education up to par with mainland levels.
  I urge my colleagues to oppose the amendment and to support the 
chairman in this important piece of legislation.
  Mr. MILLER of Florida. Mr. Chairman, I move to strike the requisite 
number of words and rise in support of the amendment.
  Mr. Chairman, I rise again to support my colleague, the gentleman 
from Ohio [Mr. Boehner] to attack unnecessary Federal spending.
  This program is targeted to categorical area, to a select number of 
people. These territories are eligible for title I money and for 
Eisenhower money. They are getting the same money we get in Michigan, 
Ohio or Florida. So they are getting the money just like you and I 
would get. Why do we need to have another little program? It is a small 
categorical program.
  President Clinton did not ask for this. In his budget, let me read 
what the President says:

       The 1995 request would eliminate funding for this program 
     because of its limited impact and because the Territories may 
     use funds to pay for teacher training under the authority to 
     consolidate their allocations for the Department's formula 
     grant programs.

  This amendment is only for the territories. It has nothing to do with 
Closeup, by the way, it is only on this limited area. It is a 
categorical program. We need to reduce the categorical program and 
concentrate our money in title II and chapter 1 in the Eisenhower 
Program.
  I yield to the gentleman from Ohio [Mr. Boehner].
  Mr. BOEHNER. Mr. Chairman, I would point out the territories under 
the piece of legislation we are considering would get under title I $70 
million. Under chapter 2, they will get $4,350,000. Under the 
Eisenhower Program, they will get another $4 million, plus additional 
funds in bilingual education funds.
  These are what are already authorized in the bill over and above the 
program that we are trying to eliminate. All we are trying to say is 
the last program, it is time for it to go.
  The President, in his budget request this year, on page 78, says:

       The 1995 request would eliminate funding for this program 
     because of its limited impact and because the territories may 
     use funds to pay for teacher training under the authority to 
     consolidate their allocations from the Department's formula 
     grant programs. Also the proposed Eisenhower Professional 
     Development Program would provide an alternative source of 
     support for education or professional development.

  So I stand here among my colleagues asking you, the poor children of 
my district do not get extra money. The poor children in a lot of these 
districts in America, do not get extra targeted money. That is what in 
fact we are doing with this program.
  Once again, it is a little piece of political pork. But in this case, 
we have to call it educational pork. We went through this last week. 
Nobody wants to hear that word pork, but the fact is it shows up 
everywhere. And as the President indicated in his reauthorization 
request, he only wanted 26 educational programs in this 
reauthorization. We are already back up to 46, and we wanted to 
continue to add more back into here. I think it is time to say ``no.''
  Mr. de LUGO. Mr. Chairman, I move to strike the requisite number of 
words.
  Mr. Chairman, there are a lot of statements that are made on this 
floor that are misinforming the Members of this House. The gentleman 
made reference to a sum of money a little while ago under title I, and 
he inferred that money was going to go to the territories. The reality 
is, my colleagues, that that money is shared by the territories with 
native American programs and that under that program, the native 
American gets 62 percent of the funds that the gentleman referred to.
  So this is a small program vitally needed for Americans. This is not 
additional money. There are poor people in every district. But those 
people are treated as States are treated. The territories are not 
treated as States. They get less than States, much less than States.
  This is a program that is designed to help to raise the standard of 
education, which is shameful. By your own tests, it is shameful. We 
want these young people to have a chance at the American dream. We want 
them to be able to get decent jobs.
  Mr. Chairman, I yield to the chairman of the subcommittee.
  Mr. KILDEE. I thank the gentleman yielding.
  Mr. Chairman, this is a $5 million program for American citizens and 
American nationals who are not fully enfranchised, who are very 
vulnerable.
  When I first came to this Congress 18 years ago, I met Phil Burton. 
Phil Burton had a real love for the people in the territories. He knew 
what was happening very often to them, not for them. He said, ``Dale, 
you can judge a great nation by how it treats those people in its care 
who are the most vulnerable and disenfranchised.'' And they are 
disenfranchised. They are American nationals or American citizens.
  We spend billions of dollars on foreign aid. This is $5 million out 
of a $11 billion program for American citizens and American nationals 
who we know from the testing are placing last, not because of lack of 
intelligence, but because of neglect.
  Mr. FALEOMAVAEGA. Mr. Chairman, I wanted to thank the chairman, and 
wanted to make reference to the very eloquent statement made by the 
gentleman from Guam.
  We are at a tremendous disadvantage in this House, and it is not a 
proud thing that the sponsors of this amendment do by singling out the 
weakest in this House and the most needy. This was part of a package.
  There were four programs here. One of the programs is Closeup. But it 
was decided to single them out for individual votes, go after the 
weakest, Hawaii with just two Members, no one else, go after the 
territories, the Americans in the territories.
  We do not even have enough people to man the doors when the time 
comes to count the votes. But I think we have enough friends in this 
House to help us man those doors today, and I hope that our friends on 
the committee and our friends on the House will help their fellow 
Americans in the territories when the vote comes on this issue, and say 
``no'' to this small mindedness. Say ``no'' to this kind of meanness, 
because this is not some act of great benevolence that you are throwing 
huge amounts of money before some poor, destitute people. This is money 
to help American citizens get a decent education.

                              {time}  1410

  Mr. BOEHNER. Mr. Chairman, will the gentleman yield?
  Mr. de LUGO. I yield to the gentleman from Ohio.
  Mr. BOEHNER. Mr. Chairman, referring to us as ``mean people''?
  Mr. de LUGO. Reclaiming my time, Mr. Chairman, I did not refer to 
anyone as ``mean.''
  I said that it was a mean-spirited act. I stand by those words.
  Mr. CUNNINGHAM. Mr. Chairman, I move to strike the requisite number 
of words, and I rise in support of the amendment.
  Mr. Chairman, I think we ought to stick to the issue instead of 
throwing darts. When we talk about small-mindedness and meanness, 
benevolence, I would remind my colleague from the Virgin Islands that 
it was the President himself who said that this money was not being 
used wisely, that he wanted to take it out himself, President Clinton. 
And I take a look at other votes.
  The reason this gentleman has a little bit of problem is, we are 
coming up before the committee and asking not only in other areas but 
in every area that we take away the money for those that are not 
Americans, truly. The people from the territories are Americans, but 
there are a lot of people in this country that are impacting our 
education and crime and other things that are illegal.
  I would like the gentleman's support when we come up with amendments 
to take those kinds of moneys away so that we will have money for 
Americans, as the gentleman says.
  Second, besides illegal immigration, we look at foreign aid. I agree 
with the gentleman. We have got too much money going overseas. We have 
got too much money going to Russia. The only good money, I think, that 
we do have going to Russia is the elimination, through Nunn-Lugar, 
where we are doing away with nuclear weapons. But the rest of it we 
should do away with and focus on the educational programs here.
  But when money is not being used effectively, and I would ask the 
gentleman from the Virgin Islands, does he pay Federal taxes on the 
same rate that we do here in the United States?
       Mr. de LUGO. Mr. Chairman, will the gentleman yield?
       Mr. CUNNINGHAM. I yield to the gentleman from the Virgin 
     Islands.
  Mr. de LUGO. Mr. Chairman, I served in the military at the same rate.
  Mr. CUNNINGHAM. Mr. Chairman, I repeat my question, do the people of 
the Virgin Islands in the territories pay Federal taxes as we do the 
same rate here in the United States?
  Mr. de LUGO. Mr. Chairman, the territories do not have a vote in this 
House.
  Mr. CUNNINGHAM. Mr. Chairman, I am asking the gentleman a direct 
question.
  Mr. de LUGO. Mr. Chairman, what is the question.
  Mr. CUNNINGHAM. Does the gentleman pay Federal taxes at the same rate 
in the territories as we do here in the United States?
  Mr. de LUGO. Mr. Chairman, yes, we pay taxes at the very same rate. 
It is called the mirror theory.
  We pay identical taxes that the gentleman pays here on the mainland, 
the mirror theory.
  Mr. CUNNINGHAM. Maybe this gentleman is misinformed on the Federal 
tax issue.
  Mr. de LUGO. I pay just as much, the same rate, as the gentleman 
does. I am a resident of the Virgin Islands.
  Mr. CUNNINGHAM. Let me ask this. When the gentleman pays those taxes, 
does it come to the Federal Treasury or does it go back to the islands? 
Maybe when the gentleman says that it is a priority of the poorest of 
the poor, maybe they ought to put the priority on education in their 
own territory and put those funds where they best do the good.
  If we take our Federal moneys and support education, then maybe the 
gentleman from the Virgin Islands should, too.
  Mr. SERRANO. Mr. Chairman, I move to strike the requisite number of 
words.
  Let us first, for the record, state that there are no mean Members in 
this House. There are just mean amendments. There are certainly not 
mean-spirited Members in this House. There are just mean-spirited 
amendments. But there are cheap tricks and cheap shots in this society.
  I think it is very easy to refer to the people who are American 
citizens as ``those people in the territories.'' I think what we have 
to do around here is to begin to pay more attention to the language we 
use, if indeed we are not intending to use that language, or admit that 
the language we use is the language we intend to use.
  The fact of life is that, as has been said here, the Members who 
represent the territories are at a disadvantage. This is not to make 
them seem inferior, but on this floor, in some ways, they are. They 
cannot vote and, therefore, nobody counts their vote when putting 
together votes. Therefore, it is very easy to get up and single them 
out.
  Second, when we have a Member who I respect get up and say, maybe the 
gentleman should set certain priorities in his territory, that gives 
the impression that we are talking about a foreign country far away 
that has nothing to do with us.
  I think we need every so often to do a little history here and to 
understand who we are as a nation and why we have territories. We have 
the territory, in some cases, because we purchased it from somebody. 
And we have the territory, which I was born in, because we invaded it. 
We invaded it in 1898, and we have not left yet. We invaded it in 1898, 
we have not removed the troops yet.
  Now, I feel a special pain when I have to speak on this issue, 
because I look to my right at the gentleman from the Virgin Islands 
[Mr. de Lugo], and I look to my left at the gentleman from Guam [Mr. 
Underwood], and I look at the gentleman from California [Mr. Becerra], 
and I look at my brother, the gentleman from American Samoa [Mr. 
Faleomavaega], and I say, if I had not moved to New York, I would be in 
their same situation. For the life of me, I do not understand this 
arrangement we have with our territories that says if I move from New 
York back to Puerto Rico, I cannot vote for my Commander in Chief. I 
cannot have a voice in this House. And not only that, but I have a very 
limited amount of power to defend myself when mean amendments come from 
very nice Members, when very nice Members are so misguided, confused, 
and intolerant at times to bring amendments that single out for $5 
million.
  Granted, $5 million in my pocket would be a lot of money; $5 million 
in this kind of budget, in this kind of a program, we are talking 
peanuts.
  Why are we singling that out, I do not understand.
  But we do understand, do we not. It is the fact that they cannot vote 
to defend themselves. It is the fact that half the American people 
think we are talking about foreign aid, and it is the fact that they 
have not gotten their house in order according to us.
  Perhaps it is time that we got our House in order and understood how 
these territories came to be and understood that all these folks are 
asking for is for the opportunity to treat American citizens with some 
dignity and some respect.
  Mr. BOEHNER. Mr. Chairman, will the gentleman yield?
  Mr. SERRANO. I yield to the gentleman from Ohio.
  Mr. BOEHNER. Mr. Chairman, as I mentioned earlier in this debate, the 
territories get money off of the top in at least four different 
programs. The point that we are making in this debate is about one 
additional program.
  We talk about this mean amendment. Let me reiterate, it was President 
Clinton who said that we should not reauthorize this program.
  Mr. SERRANO. Mr. Chairman, let me tell the gentleman, I am very happy 
to see that he has now become a follower of the President and that he 
will probably do so on other votes on the floor. That holds very little 
water with us.
  Mr. BOEHNER. Mr. Chairman, if the gentleman will continue to yield, 
every once and awhile, he is right.
  Mr. SERRANO. There are things that come to this floor that we change. 
There are things that come to committee that we change. There are some 
space shuttles here that we could go after. There are some bombs we 
could go after. There are some airplanes that cost $800 million that we 
could go after. Why we go after $5 million for American citizens who 
simply want something that resembles equal educational opportunities is 
beyond me.
  I would hope, sir, that either today or in the future we would 
reconsider these kinds of amendments and at least put them on Members 
that can vote with the equal amount of vote on the floor rather than 
take this kind of a shot.
  Mr. WALKER. Mr. Chairman, I move to strike the requisite number of 
words.
  Once again, I am a little disturbed at the way the debate has 
deteriorated here, because it seems to me that we are tossing around 
the terms of ``meanness'' and ``mean-spiritedness,'' when in fact there 
are legitimate issues here to be raised.
  The gentleman who just spoke referred to this as being nothing, $5 
million.
  It is nothing? That is every dime of taxes paid by 1,000 American 
working families. They think that is a good bit of money. It is not 
nothing to them. That is every dime that they work to pay into the 
Federal Government, and in many cases, when we look at their tax 
burden, those middle-class families, about half of all the money they 
are making is going to one kind of tax or another, including the $5,000 
or so that they pay in their Federal taxes.
  They think that is a lot of money, and they think it is something 
that maybe we ought to look at and examine, when we have these issues 
on the floor.
  As the gentleman from Ohio pointed out, it is something that was 
understood when the President was putting together his budget.

                              {time}  1440

  I do not think the President put together a mean spirited budget. He 
put together a budget where I do not agree with some of his priorities. 
I do agree with some of his priorities. The fact is that these are 
budget priorities that we have to deal with, not in a sense of whether 
they are mean spirited but in the sense of whether or not they are 
things we can afford.
  One of the things the President said we cannot afford at this point 
is to spend this money. One of the reasons for is that is because there 
are in fact revenue streams that are far different than what they have 
been portrayed on the floor.
  One of the gentleman said a moment ago they pay exactly the same rate 
of Federal tax as everybody else does. That is true, but all the tax 
stays in the territory. I wish my State could do that. I wish my State 
could take every dime of tax that was collected for the Federal 
Government in the State and keep it in the State.
  I will tell the Members, we would have a real nice time in our State 
dealing with education and a lot of that if we could do it that way, 
but instead, what the gentleman wants to do is keep all the money he 
collects in taxes in his State and then take some of the money 
collected in my State and spend it in the territories.
  When the gentleman is making that kind of decision, we have an 
obligation here to decide whether or not that is the way we want to 
prioritize the money. That is all we are doing here. That is not mean 
spirited. That is in fact in the best traditions of the House, deciding 
what we regard as priorities within the spending we do.
  In this case the gentleman from Ohio [Mr. Boehner] is defending a 
position that the President of the United States has endorsed. I would 
hope that this House would take that seriously, because it seems to me 
it is something that we have to make as a real determination here, if 
we want to be real in terms of funding.
  As I say, I am a little tired of hearing middle class Americans who 
day in and day out suffer and sweat in order to pay their taxes 
portrayed here as not doing enough and as being mean spirited when they 
want their money spent the right way.
  Mr. BECERRA. Mr. Chairman, I move to strike the requisite number of 
words.
  Mr. Chairman, I will only be brief because I think the arguments have 
been made on both sides, but I must say to my colleagues, and perhaps 
more to the people that are watching this on their television sets, 
that it is very sad when we get to the point on the floor of this House 
that we are debating whether or not to provide some money for children 
who need to be educated, whether they are here in the State we live in 
or whether they are in a territory that we occupy and we live with 
these individuals, whether they are in the Virgin Islands, any other 
place, any other commonwealth.
  What we have to understand, I hope, on this floor is what most people 
understand in their daily existence as they come home and they see 
their children. We need to educate people because these are the people 
that will be providing the moneys when we retire. It just seems to make 
no sense to me to talk about extracting $5 million from a program that 
has shown success for children, for children who will, if they have to, 
serve in war to defend this country, for children who will, if called 
upon, provide tax dollars for people in this country, for children who 
will, when they grow up and become doctors, lawyers, teachers, provide 
the services that our children will need in the future.
  For us to be talking about depriving these children of a few dollars, 
and it is a few, given what we do, when I think about what happened in 
Los Angeles in the earthquake, and the fact that in an emergency 
earthquake bill we included along with earthquake dollars $1.2 billion, 
not $5 million, $1.2 billion for the military at a time when we were 
trying to allocate moneys for those suffering from the earthquake, I 
find it ironic that here we are talking about extracting $5 million for 
children in programs that we know have worked.
  Mr. CUNNINGHAM. Would my friend, the gentleman from California, 
yield?
  Mr. BECERRA. I yield to the gentleman from California [Mr. 
Cunningham].
  Mr. CUNNINGHAM. I thank my friend, the gentleman from California, for 
yielding to me.
  I think what we are trying to say on this side of the aisle, and I 
know this Member, is that if the gentleman is keeping those tax dollars 
in the territories, that we would ask that those tax dollars go for the 
priority that the gentleman is asking for in education. I have been in 
Guam and I know how poor it is in Guam. I have been in the Virgin 
Islands. It is not quite so much. I know there is need there.
  However, at the same time, if we can focus on programs that the 
gentleman is receiving from the other four programs, we are not trying 
to take money away from children, but to focus on the programs in 
education, that is doing exactly what the gentleman from California is 
saying.
  I think that is our problem. We do not feel this is effective, and 
the President did not feel it was effective, and those tax dollars kept 
in the islands should be prioritized better.
  Mr. BECERRA. I appreciate the remarks of the gentleman from 
California [Mr. Cunningham], my colleague, in his response. However, I 
must tell the gentleman in all sincerity that we somehow believe, or 
seem to believe, that people who live in the Virgin Islands or people 
who are living in Guam or people who live in Samoa or people who live 
in Puerto Rico somehow never contribute, because they happen to live 
outside the 48 States or the 2 States that happen to be removed from 
the contiguous United States.
  That is not the case. These are people like the gentleman standing 
right next to me, who has constantly contributed. Whether he is a 
Member of this Congress or not, he has contributed.
  I think we should recognize that there are children in the Virgin 
Islands and in other territories that will contribute. For us to say 
that we are going to save $5 million, and at the same time we are 
talking about depriving these children of a chance to become educated 
in an area, a territory that we are responsible for, seems very mean 
spirited.
  Mr. de LUGO. Will the gentleman yield?
  Mr. BECERRA. I yield to the gentleman from the Virgin Islands [Mr. de 
Lugo].
  Mr. de LUGO. I thank the gentleman for yielding.
  Let me say to the gentleman from California [Mr. Cunningham] that at 
this point we spend over one-quarter of our total budget for education 
in the Virgin Islands. The largest single percentage goes toward 
education, but it is not enough.
  Now as for the tax money, these are territories. This is a 
constitutional question, and a question that has been decided by this 
House. If the gentleman gives the Representatives from the territories 
a vote in this House, if we had the power to vote for our Commander in 
Chief when we go and fight and die for our country, then it would be 
different.
  However, this Nation has decided that when we do not allow its 
citizens to vote for the President, to vote for the Commander in Chief, 
when we do not allow our citizens to have a real, meaningful role in 
this House, they will not pay taxes; they will pay at the same rate, 
but the taxes stay in the territory.
  It is not much. It is not enough to run the territory, but that is 
where it stays. However, we need more help. That is what this is about. 
This is not a program that the President has opposed. This is a new 
program, and a needed program for all of the territories; $5 million 
used to be for the Virgin Islands alone. It was a different program. 
This is a $5 million program for all the territories.
  Mr. HOEKSTRA. I move to strike the requisite number of words.
  Mr. Chairman, I rise in support of the amendment, and yield to the 
gentleman from Ohio [Mr. Boehner].
  Mr. BOEHNER. Mr. Chairman, I would just respond that no one is 
questioning the integrity of the people from the territories. No one is 
trying to make this an argument between citizens of this country and 
citizens of the States versus the citizens of the territories. That is 
not the issue. Nor is it the issue that we are trying to eliminate 
funding from this bill going to the territories.
  Let me remind the Members, under title I the territories are 
authorized for up to $70 million. Under chapter 2, they are authorized 
for $4.35 million. Under the Eisenhower program, they are authorized up 
to $4 million. What we are talking about here is $5 million for another 
new program to take the place of two old programs that the President 
wanted eliminated.
  Mr. Chairman, we did this shell game earlier in the bill, where the 
President wanted to get rid of the follow through program, so we 
initiated another program, gave it a new title, but it is in fact the 
same program.
  What we are doing here is, we are going to supply $5 million, if this 
issue stays in the bill, the same amount of money that they had 
authorized before, to the territories under a new name. The fact is, $5 
million, it is enough. It is just time to say, ``No, we are not going 
to dissect this bill into a million more pieces. This is one piece that 
we are going to try to keep out of the bill and keep some focus to what 
we are trying to accomplish in this reauthorization.''
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Ohio [Mr. Boehner].
  The question was taken; and the Chairman announced that the noes 
appeared to have it.


                             recorded vote

  Mr. BOEHNER. Mr. Chairman, I demand a recorded vote.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 202, 
noes 220, not voting 16, as follows:

                             [Roll No. 44]

                               AYES--202

     Allard
     Archer
     Armey
     Bachus (AL)
     Baker (CA)
     Baker (LA)
     Ballenger
     Barca
     Barrett (NE)
     Bartlett
     Barton
     Bateman
     Bentley
     Bevill
     Bilbray
     Bilirakis
     Bliley
     Blute
     Boehlert
     Boehner
     Bonilla
     Bunning
     Burton
     Buyer
     Callahan
     Calvert
     Camp
     Canady
     Castle
     Chapman
     Clinger
     Coble
     Collins (GA)
     Combest
     Condit
     Cooper
     Coppersmith
     Costello
     Cox
     Cramer
     Crapo
     Cunningham
     Deal
     DeLay
     Dickey
     Doolittle
     Dornan
     Dreier
     Duncan
     Dunn
     Ehlers
     Emerson
     Everett
     Ewing
     Fawell
     Fields (TX)
     Fish
     Fowler
     Franks (CT)
     Franks (NJ)
     Gallegly
     Gekas
     Geren
     Gilchrest
     Gillmor
     Gilman
     Gingrich
     Goodlatte
     Goodling
     Goss
     Grams
     Grandy
     Greenwood
     Gunderson
     Hancock
     Hansen
     Harman
     Hastert
     Hefley
     Herger
     Hoagland
     Hobson
     Hoekstra
     Hoke
     Horn
     Houghton
     Huffington
     Hunter
     Hutchinson
     Hutto
     Hyde
     Inglis
     Inhofe
     Istook
     Johnson (CT)
     Johnson (SD)
     Johnson, Sam
     Kanjorski
     Kasich
     Kim
     King
     Kingston
     Klug
     Knollenberg
     Kolbe
     Kyl
     Laughlin
     Lazio
     Leach
     Levy
     Lewis (CA)
     Lewis (FL)
     Lightfoot
     Linder
     Lipinski
     Livingston
     Machtley
     Mann
     Manzullo
     McCandless
     McCollum
     McCrery
     McDade
     McHugh
     McInnis
     McKeon
     McMillan
     Meyers
     Mica
     Michel
     Miller (FL)
     Minge
     Molinari
     Moorhead
     Morella
     Myers
     Nussle
     Oxley
     Packard
     Parker
     Paxon
     Payne (VA)
     Penny
     Peterson (FL)
     Peterson (MN)
     Petri
     Pombo
     Porter
     Poshard
     Pryce (OH)
     Quillen
     Quinn
     Ramstad
     Ravenel
     Regula
     Ridge
     Roberts
     Rogers
     Rohrabacher
     Roth
     Roukema
     Rowland
     Royce
     Santorum
     Saxton
     Schaefer
     Schiff
     Sensenbrenner
     Shaw
     Shays
     Shuster
     Skeen
     Skelton
     Smith (MI)
     Smith (NJ)
     Smith (OR)
     Smith (TX)
     Snowe
     Solomon
     Spence
     Stearns
     Stenholm
     Stump
     Talent
     Tanner
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Thomas (CA)
     Thomas (WY)
     Thurman
     Torkildsen
     Upton
     Valentine
     Vucanovich
     Walker
     Walsh
     Weldon
     Wolf
     Young (FL)
     Zeliff
     Zimmer

                               NOES--220

     Abercrombie
     Ackerman
     Andrews (NJ)
     Applegate
     Bacchus (FL)
     Baesler
     Barcia
     Barlow
     Barrett (WI)
     Becerra
     Beilenson
     Bereuter
     Berman
     Bishop
     Blackwell
     Bonior
     Boucher
     Brewster
     Browder
     Brown (CA)
     Brown (FL)
     Brown (OH)
     Bryant
     Byrne
     Cantwell
     Cardin
     Carr
     Clay
     Clayton
     Clement
     Clyburn
     Coleman
     Collins (IL)
     Collins (MI)
     Conyers
     Coyne
     Danner
     Darden
     de Lugo (VI)
     DeFazio
     DeLauro
     Dellums
     Derrick
     Deutsch
     Diaz-Balart
     Dicks
     Dingell
     Dixon
     Dooley
     Durbin
     Edwards (TX)
     Engel
     English
     Eshoo
     Evans
     Faleomavaega (AS)
     Farr
     Fazio
     Fields (LA)
     Filner
     Fingerhut
     Flake
     Foglietta
     Ford (MI)
     Ford (TN)
     Frank (MA)
     Frost
     Furse
     Gejdenson
     Gephardt
     Gibbons
     Glickman
     Gonzalez
     Gordon
     Green
     Gutierrez
     Hall (OH)
     Hall (TX)
     Hamburg
     Hamilton
     Hayes
     Hefner
     Hilliard
     Hinchey
     Hochbrueckner
     Holden
     Hoyer
     Hughes
     Inslee
     Jacobs
     Jefferson
     Johnson (GA)
     Johnson, E. B.
     Johnston
     Kaptur
     Kennedy
     Kennelly
     Kildee
     Kleczka
     Klein
     Klink
     Kopetski
     Kreidler
     LaFalce
     Lambert
     Lancaster
     Lantos
     LaRocco
     Lehman
     Levin
     Lewis (GA)
     Lloyd
     Long
     Lowey
     Maloney
     Manton
     Margolies-Mezvinsky
     Markey
     Martinez
     Matsui
     Mazzoli
     McCloskey
     McCurdy
     McDermott
     McHale
     McKinney
     McNulty
     Meehan
     Meek
     Menendez
     Mfume
     Miller (CA)
     Mineta
     Mink
     Moakley
     Mollohan
     Montgomery
     Moran
     Murphy
     Murtha
     Nadler
     Neal (MA)
     Neal (NC)
     Norton (DC)
     Oberstar
     Obey
     Olver
     Ortiz
     Orton
     Owens
     Pallone
     Pastor
     Payne (NJ)
     Pelosi
     Pickett
     Pickle
     Pomeroy
     Price (NC)
     Rahall
     Rangel
     Reed
     Richardson
     Roemer
     Romero-Barcelo (PR)
     Ros-Lehtinen
     Rose
     Rostenkowski
     Roybal-Allard
     Rush
     Sabo
     Sanders
     Sangmeister
     Sarpalius
     Sawyer
     Schenk
     Schroeder
     Schumer
     Scott
     Serrano
     Sharp
     Shepherd
     Sisisky
     Skaggs
     Slattery
     Slaughter
     Smith (IA)
     Spratt
     Stark
     Stokes
     Strickland
     Studds
     Stupak
     Swett
     Swift
     Synar
     Tejeda
     Thompson
     Thornton
     Torres
     Torricelli
     Towns
     Traficant
     Tucker
     Underwood (GU)
     Unsoeld
     Velazquez
     Vento
     Visclosky
     Waters
     Watt
     Waxman
     Wheat
     Williams
     Wilson
     Wise
     Woolsey
     Wyden
     Wynn
     Yates
     Young (AK)

                             NOT VOTING--16

     Andrews (ME)
     Andrews (TX)
     Borski
     Brooks
     Crane
     de la Garza
     Edwards (CA)
     Gallo
     Hastings
     Natcher
     Portman
     Reynolds
     Sundquist
     Volkmer
     Washington
     Whitten

                              {time}  1450

  Messrs. ORTIZ, APPLEGATE, and BROWN of Ohio, and Ms. FURSE changed 
their vote from ``aye'' to ``no.''
  Mr. McCOLLUM changed his vote from ``no'' to ``aye.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.
  The CHAIRMAN. Are there further amendments to title III?
  If not, the Clerk will designate title IV.
  The text of title IV is as follows:
         ``TITLE IV--SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES

     ``SEC. 4001. SHORT TITLE.

       ``This title may be cited as the `Safe and Drug-Free 
     Schools and Communities Act of 1994'.

     ``SEC. 4002. FINDINGS.

       ``The Congress finds as follows:
       ``(1) National Education Goal Six provides that by the year 
     2000, all schools in America will be free of drugs and 
     violence and offer a disciplined environment that is 
     conducive to learning.
       ``(2) The widespread illegal use of alcohol and other drugs 
     among the Nation's secondary school students, and 
     increasingly by students in elementary schools as well, 
     constitutes a grave threat to their physical and mental well-
     being, and significantly impedes the learning process. For 
     example, data show that students who drink tend to receive 
     lower grades and are more likely to miss school because of 
     illness than students who do not drink.
       ``(3) Our Nation's schools and communities are increasingly 
     plagued by violence and crime. Approximately three million 
     thefts and violent crimes occur in or near our Nation's 
     schools every year, the equivalent of more than 16,000 
     incidents per school day. Approximately one of every five 
     high school students now carries a firearm, knife, or club on 
     a regular basis.
       ``(4) The tragic consequences of violence and the illegal 
     use of alcohol and drugs by students are felt not only by 
     students and their families, but by their communities and the 
     Nation, which can ill afford to lose their skills, talents, 
     and vitality.
       ``(5) While use of illegal drugs is a serious problem among 
     a minority of teenagers, alcohol use is far more widespread. 
     The proportion of high school students using alcohol, though 
     lower than a decade ago, remains unacceptably high. By the 
     8th grade, 70 percent of youth report having tried alcohol 
     and by the 12th grade, about 88 percent have used alcohol. 
     Alcohol use by young people can and does have adverse 
     consequences for users, their families, communities, schools, 
     and colleges.
       ``(6) Drug and violence prevention programs are essential 
     components of a comprehensive strategy to promote school 
     safety and to reduce the demand for and use of drugs 
     throughout the Nation. Schools and local organizations in 
     communities throughout the Nation have a special 
     responsibility to work together to combat the growing 
     epidemic of violence and illegal drug use and should measure 
     the success of their programs against clearly defined goals 
     and objectives.
       ``(7) Students must take greater responsibility for their 
     own well-being, health, and safety if schools and communities 
     are to achieve their goals of providing a safe, disciplined, 
     and drug-free learning environment.

     ``SEC. 4003. PURPOSE.

       ``The purpose of this title is to support programs to meet 
     Goal Six of the National Educational Goals by preventing 
     violence in and around schools and by strengthening programs 
     that prevent the illegal use of alcohol and drugs, involve 
     parents, and are coordinated with related Federal, State, and 
     community efforts and resources, through the provision of 
     Federal assistance to--
       ``(1) States for grants to local and intermediate 
     educational agencies and consortia to establish, operate, and 
     improve local programs of school drug and violence 
     prevention, early intervention, rehabilitation referral, and 
     education in elementary and secondary schools (including 
     intermediate and junior high schools);
       ``(2) States for grants to local and intermediate 
     educational agencies and consortia for grants to, and 
     contracts with, community-based organizations and other 
     public and private non-profit agencies and organizations for 
     programs of drug and violence prevention, early intervention, 
     rehabilitation referral, and education;
       ``(3) States for development, training, technical 
     assistance, and coordination activities;
       ``(4) public and private non-profit organizations to 
     conduct training, demonstrations, and evaluation, and to 
     provide supplementary services for the prevention of drug use 
     and violence among students and youth; and
       ``(5) institutions of higher education for the development 
     and implementation of model programs and strategies to 
     promote the safety of students attending institutions of 
     higher education by preventing violent behavior and the 
     illegal use of alcohol and drugs by such students.

     ``SEC. 4004. FUNDING.

       ``(a) Authorization of Appropriations.--There are 
     authorized to be appropriated--
       ``(1) for State grants under part A, $630,000,000 for 
     fiscal year 1995 and such sums as may be necessary for each 
     of fiscal years 1996 through 1999; and
       ``(2) for national programs under part B, $25,000,000 for 
     fiscal year 1995 and such sums as may be necessary for each 
     of fiscal years 1996 through 1999.
       ``(b) Availability.--(1) Appropriations for any fiscal year 
     for payments made under this title in accordance with 
     regulations of the Secretary may be made available for 
     obligation or expenditure by the agency or institution 
     concerned on the basis of an academic or school year 
     differing from such fiscal year.
       ``(2) Funds appropriated for any fiscal year under this 
     title shall remain available for obligation and expenditure 
     until the end of the fiscal year succeeding the fiscal year 
     for which such funds were appropriated.

    ``PART A--STATE GRANTS FOR DRUG AND VIOLENCE PREVENTION PROGRAMS

     ``SEC. 4101. RESERVATIONS AND ALLOTMENTS.

       ``(a) Reservations.--From the amount appropriated for each 
     fiscal year under section 5004(a)(1), the Secretary--
       ``(1) shall reserve 1 percent of such amount for grants 
     under this part to Guam, American Samoa, the Virgin Islands, 
     the Commonwealth of the Northern Mariana Islands, and Palau 
     (until the effective date of the Compact of Free Association 
     with the Government of Palau), to be allotted in accordance 
     with their respective needs;
       ``(2) shall reserve 1 percent of such amount for the 
     Secretary of the Interior to carry out programs under this 
     part for Indian youth;
       ``(3) shall reserve 0.2 percent for programs for Native 
     Hawaiians under section 5202; and
       ``(4) may reserve no more than $1,000,000 for the national 
     impact evaluation required by section 5106(a).
       ``(b) State Allotments.--(1) Except as provided under 
     paragraph (2), the Secretary shall, for each fiscal year, 
     allocate among the States--
       ``(A) one-half of the remainder not reserved under 
     subsection (a) according to the ratio between the school-aged 
     population of each State and the school-aged population of 
     all the States; and
       ``(B) one-half of such remainder according to the ratio 
     between the amount each State received under section 1124 and 
     1124A of this Act for the preceding year (or, for fiscal year 
     1995 only, sections 1005 and 1006 of this Act as in effect on 
     the day before enactment of the Safe and Drug-Free Schools 
     and Communities Act Amendments of 1994) and the sum of such 
     amounts received by all the States.
       ``(2) For any fiscal year, no State shall be allotted under 
     this subsection an amount that is less than one-half of 1 
     percent of the total amount allotted to all the States under 
     this subsection.
       ``(3) The Secretary may reallot any amount of any allotment 
     to a State if the Secretary determines that the State will be 
     unable to use such amount within two years of such allotment. 
     Such reallotments shall be made on the same basis as 
     allotments made under paragraph (1).
       ``(4) For the purpose of this subsection, the term `State' 
     means each of the 50 States, the District of Columbia, and 
     the Commonwealth of Puerto Rico.

     ``SEC. 4102. STATE APPLICATIONS.

       ``(a) In General.--In order to receive its allotment under 
     section 5101 for any fiscal year, a State shall submit to the 
     Secretary, at such time as the Secretary may require, an 
     application that--
       ``(1) designates the State educational agency as the State 
     agency responsible for the administration and supervision of 
     programs assisted with its allotment under section 5101;
       ``(2)(A)(i) is integrated into the State's plan, either 
     approved or being developed, under title III of the Goals 
     2000: Educate America Act, and satisfies the requirements of 
     this section that are not already addressed by that plan; and
       ``(ii) is submitted, if necessary, as an amendment to the 
     State's plan under title III of the Goals 2000: Educate 
     America Act; or
       ``(B) if the State does not have an approved plan under 
     title III of the Goals 2000: Educate America Act and is not 
     developing such a plan, is integrated with other State plans 
     under this Act and satisfies the requirements of this 
     section;
       ``(3) contains the results of the State's needs assessment 
     for drug and violence prevention programs, which shall be 
     based on the results of on-going State evaluation activities, 
     including data on the prevalence of drug use and violence by 
     youth in schools and communities;
       ``(4) has been developed in consultation with the chief 
     executive officer, the head of the State alcohol and drug 
     abuse agency, the heads of the State health and mental health 
     agencies, the head of the State child welfare agency, and the 
     heads of the State criminal and juvenile justice planning 
     agencies;
       ``(5) contains a description of the procedures the State 
     educational agency will use to review applications from local 
     educational agencies under section 5104;
       ``(6) contains an assurance that the State will cooperate 
     with, and assist, the Secretary in conducting a national 
     impact evaluation of programs required by section 5106(a); 
     and
       ``(7) includes any other information the Secretary may 
     require.
       ``(b) State Educational Agency Funds.--A State's 
     application under this section shall also contain a 
     comprehensive plan for the use of funds under section 5103(a) 
     by the State educational agency that includes--
       ``(1) a statement of the State educational agency's 
     measurable goals and objectives for drug and violence 
     prevention and a description of the procedures it will use 
     for assessing and publicly reporting progress toward meeting 
     those goals and objectives;
       ``(2) a plan for monitoring the implementation of, and 
     providing technical assistance regarding, the drug and 
     violence prevention programs conducted by local educational 
     agencies in accordance with section 5105;
       ``(3) a description of how the State educational agency 
     will use funds it reserves under section 5103(b);
       ``(4) a description of how the State educational agency 
     will coordinate its activities under this part with drug and 
     violence prevention efforts of other State agencies; and
       ``(5) an explanation of the criteria the State educational 
     agency will use to identify which local educational agencies 
     receive supplemental funds under section 5103(d)(2)(A)(i)(II) 
     and how the supplemental funds will be allocated among those 
     local educational agencies.
       ``(d) Peer Review.--The Secretary shall use a peer review 
     process in reviewing State applications under this section.
       ``(e) Interim Application.--Notwithstanding any other 
     provisions of this section, a State may submit for fiscal 
     year 1995 a one-year interim application and plan for the use 
     of funds under this part that are consistent with the 
     requirements of this section and contain such information as 
     the Secretary may specify in regulations. The purpose of such 
     interim application and plan shall be to afford the State the 
     opportunity to fully develop and review its application and 
     comprehensive plan otherwise required by this section. A 
     State may not receive a grant under this part for a fiscal 
     year subsequent to fiscal year 1995 unless the Secretary has 
     approved its application and comprehensive plan.

     ``SEC. 4103. STATE AND LOCAL EDUCATIONAL AGENCY PROGRAMS.

       ``(a) Use of Funds.--(1) Except as provided in paragraph 
     (2), the total amount allocated to a State under section 5101 
     for each fiscal year shall be used by the State educational 
     agency and its local educational agencies for drug and 
     violence prevention activities in accordance with this 
     section.
       ``(2)(A) If a State has, on or before January 1, 1994, 
     established an independent State agency for the purpose of 
     administering all of the funds described in section 5121 of 
     this Act (as such section was in effect on the day before the 
     date of the enactment of the Safe and Drug-Free Schools and 
     Communities Act Amendments of 1994), then--
       ``(i) an amount equal to 70 percent of the total amount 
     allocated to such State under section 5101 for each fiscal 
     year shall be used by the State educational agency and its 
     local educational agencies for drug and violence prevention 
     activities in accordance with this section; and
       ``(ii) an amount equal to 30 percent of such total amount 
     shall be used by such independent State agency for drug and 
     violence prevention activities in accordance with section 
     5122 of this Act (as such section was in effect on the day 
     before the date of the enactment of the Safe and Drug-Free 
     Schools and Communities Act Amendments of 1994).
       ``(B) Not more than 2.5 percent of the amount reserved 
     under subparagraph (A)(ii) may be used for administrative 
     costs of the independent State agency incurred in carrying 
     out the activities described in such subparagraph.
       ``(C) For purposes of this paragraph, the term `independent 
     State agency' means an independent agency with a board of 
     directors or a cabinet level agency whose chief executive 
     officer is appointed by the chief executive officer of the 
     State and confirmed with the advice and consent of the senate 
     of such State.
       ``(b) State Level Programs.--(1) A State educational agency 
     shall use no more than five percent of the amount reserved 
     under subsection (a) for activities such as--
       ``(A) training and technical assistance concerning drug and 
     violence prevention for local and intermediate educational 
     agencies, including teachers, administrators, counselors, 
     coaches and athletic directors, other educational personnel, 
     parents, students, community leaders, health service 
     providers, local law enforcement officials, and judicial 
     officials;
       ``(B) the development, identification, dissemination and 
     evaluation of the most readily available, accurate, and up-
     to-date curriculum materials (including videotapes, software, 
     and other technology-based learning resources), for 
     consideration by local educational agencies;
       ``(C) demonstration projects in drug and violence 
     prevention;
       ``(D) financial assistance to enhance resources available 
     for drug and violence prevention in areas serving large 
     numbers of economically disadvantaged children or sparsely 
     populated areas, or to meet other special needs consistent 
     with the purposes of this part; and
       ``(E) the evaluation of activities carried out within the 
     State under this part.
       ``(2) A State educational agency may carry out activities 
     under this subsection directly, or through grants or 
     contracts.
       ``(c) State Administration.--(1) A State educational agency 
     may use no more than four percent of the amount reserved 
     under subsection (a) for the administrative costs of carrying 
     out its responsibilities under this part.
       ``(2) In administering its programs under this part, a 
     State educational agency may not delegate or transfer any 
     administrative functions in any manner to any other State 
     entity.
       ``(d) Local Educational Agency Programs.--(1) A State 
     educational agency shall distribute not less than 92 percent 
     of the amount reserved under subsection (a) for each fiscal 
     year to local educational agencies in accordance with this 
     subsection.
       ``(2)(A)(i) Of the amount distributed under subsection 
     (d)(1), a State educational agency shall distribute--
       ``(I) 70 percent of such amount to local educational 
     agencies, based on the relative enrollments in public and 
     private non-profit schools within their boundaries; and
       ``(II) 30 percent of such amount to local educational 
     agencies that the State educational agency determines have 
     the greatest need for additional funds to carry out drug and 
     violence prevention programs authorized by this part.
       ``(ii) To the extent practicable, not less than 25 percent 
     of the amount specified in clause (i)(II) for a fiscal year 
     shall be distributed to local educational agencies located in 
     rural areas.
       ``(B)(i) A State educational agency shall distribute funds 
     under subparagraph (A)(i)(II) to no more than ten percent of 
     its local educational agencies, or five such agencies, 
     whichever is greater.
       ``(ii) In determining which local educational agencies have 
     the greatest need for additional funds, the State educational 
     agency shall consider such factors as--
       ``(I) high rates of alcohol or other drug use among youth;
       ``(II) high rates of victimization of youth by violence and 
     crime;
       ``(III) high rates of arrests and convictions of youth for 
     violent or drug- or alcohol-related crime;
       ``(IV) the extent of illegal gang activity;
       ``(V) high rates of referrals of youths to drug and alcohol 
     abuse treatment and rehabilitation programs;
       ``(VI) high rates of referrals of youths to juvenile court;
       ``(VII) high rates of expulsions and suspensions of 
     students from schools; and
       ``(VIII) high rates of reported cases of child abuse and 
     domestic violence.
       ``(e) Reallocation of Funds.--If a local educational agency 
     chooses not to apply to receive the amount allocated to it 
     under subsection (d), or if its application under section 
     5104 is disapproved by the State educational agency, the 
     State educational agency shall reallocate such amount to one 
     or more of the local education agencies determined by the 
     State educational agency under subsection (d)(2)(B) to have 
     the greatest need for additional funds.
       ``(f) Return of Funds to State Educational Agency; 
     Reallocation.--(1) Except as provided in paragraph (2), upon 
     the expiration of the 1-year period beginning on the date 
     that a local educational agency, intermediate educational 
     agency, or consortium under this title receives its 
     allocation under this title--
       ``(A) such agency or consortium shall return to the State 
     educational agency any funds from such allocation that remain 
     unobligated; and
       ``(B) the State educational agency shall reallocate any 
     such amount to local educational agencies, intermediate 
     educational agencies, or consortia that have plans for using 
     such amount for programs or activities on a timely basis.
       ``(2) In any fiscal year, a local educational agency, 
     intermediate educational agency, or consortium may retain for 
     obligation in the succeeding fiscal year--
       ``(A) an amount equal to not more than 25 percent of the 
     allocation it receives under this title for such fiscal year; 
     or
       ``(B) upon a demonstration of good cause by such agency or 
     consortium, a greater amount approved by the State 
     educational agency.

     ``SEC. 4104. LOCAL APPLICATIONS.

       ``(a) In General.--(1) In order to be eligible to receive 
     an allocation under section 5103(d) for any fiscal year, a 
     local educational agency shall submit, at such time as the 
     State educational agency requires, an application to the 
     State educational agency for approval. Such an application 
     shall be amended, as necessary, to reflect changes in the 
     local educational agency's program.
       ``(2)(A) A local educational agency shall develop its 
     application under subsection (a)(1) in consultation with a 
     local or substate regional advisory council that includes, to 
     the extent possible, representatives of local government, 
     business, parents, students, teachers, appropriate state 
     agencies, private schools, the medical profession, law 
     enforcement, community-based organizations, and other groups 
     with interest and expertise in drug and violence prevention.
       ``(B) In addition to assisting the local educational agency 
     to develop its application under this section, the advisory 
     council established or designated under paragraph (2)(A) 
     shall, on an on-going basis--
       ``(i) disseminate information about drug and violence 
     prevention programs, projects, and activities conducted 
     within the boundaries of the local educational agency;
       ``(ii) advise the local educational agency on how best to 
     coordinate its activities under this part with other related 
     programs, projects, and activities, including community 
     service and service learning projects, and the agencies that 
     administer them; and
       ``(iii) review program evaluations and other relevant 
     material and make recommendations to the local educational 
     agency on how to improve its drug and violence prevention 
     programs.
       ``(b) Contents of Applications.--An application under this 
     section shall contain--
       ``(1) an assessment of the current use (and consequences of 
     such use) of alcohol, tobacco, and controlled, illegal, 
     addictive or harmful substances as well as the violence, 
     safety, and discipline problems among students who attend the 
     schools of the applicant (including private school students 
     who participate in the applicant's drug and violence 
     prevention program) that is based on ongoing local assessment 
     or evaluation activities;
       ``(2) a detailed explanation of the local educational 
     agency's comprehensive plan for drug and violence prevention, 
     which shall include a description of--
       ``(A) how that plan is consistent with, and promotes the 
     goals in, the State's application under section 5102 and the 
     local educational agency's plan, either approved or being 
     developed, under title III of the Goals 2000: Educate America 
     Act, or, if the local educational agency does not have such 
     an approved plan and is not developing one, its plan under 
     section 1112 of this Act;
       ``(B) the local educational agency's measurable goals for 
     drug and violence prevention, and a description of how it 
     will assess and publicly report progress toward attaining 
     these goals;
       ``(C) the local educational agency's comprehensive plan for 
     programs to be carried out under this part;
       ``(D) how the local educational agency will use its regular 
     allocation under section 5103(d)(2)(A)(i)(I) and its 
     supplemental allocation, if any, under section 
     5103(d)(2)(A)(i)(II);
       ``(E) how the local educational agency will coordinate its 
     programs and projects with community-wide efforts to achieve 
     its goals for drug and violence prevention; and
       ``(F) how the local education agency will coordinate its 
     programs and projects with other Federal, State, and local 
     programs for drug-abuse prevention, including health 
     programs; and
       ``(3) such other information and assurances as the State 
     educational agency may reasonably require.
       ``(c) Review of Application.--(1) In reviewing local 
     applications under this section, a State educational agency 
     shall use a peer review process or other methods of assuring 
     the quality of such applications.
       ``(2)(A) In determining whether to approve the application 
     of a local educational agency under this section, a State 
     educational agency shall consider the quality of the local 
     educational agency's comprehensive plan under subsection 
     (b)(2) and the extent to which it is consistent with, and 
     supports, the State's application under section 5102 and the 
     State's plan under the Goals 2000: Educate America Act, and, 
     if the State does not have such a plan, its plan under 
     section 1111 of this Act.
       ``(B) A State educational agency may disapprove a local 
     educational agency application under this section in whole or 
     in part and may withhold, limit, or place restrictions on the 
     use of funds allotted to such a local educational agency in a 
     manner the State educational agency determines will best 
     promote the purposes of this part or the State's plan under 
     the Goals 2000: Educate America Act, and, if the State does 
     not have such a plan, its plan under section 1111 of this 
     Act, except that a local educational agency shall be afforded 
     an opportunity to appeal any such disapproval.

     ``SEC. 4105. LOCAL DRUG AND VIOLENCE PREVENTION PROGRAMS.

       ``(a) Program Requirements.--A local educational agency 
     shall use funds received under this part to adopt and carry 
     out a comprehensive drug and violence prevention program 
     which shall--
       ``(1) be designed, for all students and employees, to--
       ``(A) prevent the use, possession, and distribution of 
     tobacco, alcohol and illegal drugs by students and to prevent 
     the illegal use, possession, and distribution of such 
     substances by employees;
       ``(B) prevent violence and promote school safety; and
       ``(C) create a disciplined environment conducive to 
     learning;
       ``(2) include activities to promote the involvement of 
     parents and coordination with community groups and agencies, 
     including the distribution of information about the local 
     educational agency's needs assessments, goals, and programs 
     under this part; and
       ``(3) include community-based prevention and education 
     activities in accordance with the requirements of subsection 
     (c).
       ``(b) Authorized Activities.--A comprehensive drug and 
     violence prevention program carried out under this part may 
     include--
       ``(1) age-appropriate, developmentally based drug 
     prevention and education programs for all students, from the 
     preschool level through grade 12, that address the legal, 
     social, personal and health consequences of the use of 
     illegal drugs, promote a sense of individual responsibility, 
     and provide information about effective techniques for 
     resisting peer pressure to use illegal drugs;
       ``(2) programs of drug prevention, comprehensive health 
     education, early intervention, counseling, mentoring, or 
     rehabilitation referral, which emphasize students' sense of 
     individual responsibility and which may include--
       ``(A) the dissemination of information about drug 
     prevention;
       ``(B) the professional development of school personnel, 
     parents, students, law enforcement officials, judicial 
     officials, health service providers and community leaders in 
     prevention, education, early intervention, counseling or 
     rehabilitation referral;
       ``(C) the implementation of strategies, including 
     strategies to integrate the delivery of services from a 
     variety of providers, to combat illegal alcohol and other 
     drug use, such as--
       ``(i) family counseling;
       ``(ii) early intervention activities that prevent family 
     dysfunction, enhance school performance, and boost attachment 
     to school and family; and
       ``(iii) activities, such as community service and service-
     learning projects, that are designed to increase students' 
     sense of community;
       ``(3) age-appropriate, developmentally based violence 
     prevention and education programs for all students, from the 
     preschool level through grade 12, that address the legal, 
     health, personal, and social consequences of violent and 
     disruptive behavior, including sexual harassment, and that 
     include activities designed to help students develop a sense 
     of individual responsibility and respect for the rights of 
     others, and to resolve conflicts without violence;
       ``(4) violence prevention programs for school-aged youth, 
     which emphasize students' sense of individual responsibility 
     and may include--
       ``(A) the dissemination of information about school safety 
     and discipline;
       ``(B) the professional development of school personnel, 
     parents, students, law enforcement officials, judicial 
     officials, and community leaders in designing and 
     implementing strategies to prevent school violence;
       ``(C) the implementation of strategies, such as conflict 
     resolution and peer mediation and the use of mentoring 
     programs, to combat school violence and other forms of 
     disruptive behavior, such as sexual harassment; and
       ``(D) comprehensive, community-wide strategies to prevent 
     or reduce illegal gang activities;
       ``(5) subject to the requirements of the matter following 
     paragraph (8), not more than one half of the cost of--
       ``(A) minor remodeling to promote security and reduce the 
     risk of violence, such as removing lockers, installing better 
     lights, and upgrading locks; and
       ``(B) acquiring and installing metal detectors and hiring 
     security personnel;
       ``(6) the promotion of before-and-after school 
     recreational, instructional, cultural, and artistic programs 
     in supervised community settings; and
       ``(7) drug abuse resistance education programs, designed to 
     teach students to recognize and resist pressures to use 
     alcohol or other drugs, which may include activities such as 
     classroom instruction by uniformed law enforcement officers, 
     resistance techniques, resistance to peer pressure and gang 
     pressure, and provision for parental involvement;
       ``(8) the evaluation of any of the activities authorized 
     under this subsection.

     A local educational agency may use no more than 33 percent of 
     the funds it receives under this part for any fiscal year for 
     the activities described in paragraph (5).
       ``(c) Community-Based Prevention Activities.--(1) A local 
     educational agency shall expend not less than 21 percent of 
     the funds received under this part on grants or contracts 
     with parent groups, community action and job training 
     agencies, community-based organizations, and other public 
     entities and private nonprofit organizations. Such grants or 
     contracts shall support community-based drug abuse and 
     violence prevention programs and activities described in 
     paragraph (2). In awarding such grants or contracts, the 
     local educational agency shall give priority to programs of 
     demonstrated effectiveness and programs which have previously 
     received assistance under section 5122 of the Drug-Free 
     Schools and Communities Act of 1986.
       ``(2) Grants and contracts under paragraph (1) shall be 
     used for programs and activities such as--
       ``(A) developing and implementing comprehensive, community-
     based drug and violence prevention programs that link 
     community resources with schools and integrate services 
     involving education, vocational and job skills training, 
     community service and service learning projects, law 
     enforcement, health, mental health, and other appropriate 
     services;
       ``(B) planning and implementing drug and violence 
     prevention activities that coordinate the efforts of 
     community-based agencies with those of the local educational 
     agency;
       ``(C) activities to protect students traveling to and from 
     school;
       ``(D) developing and implementing strategies to prevent 
     illegal gang activity;
       ``(E) coordinating and conducting community-wide violence 
     and safety assessments and surveys; and
       ``(F) programs and activities which address the needs of 
     children and youth who are not normally served by the local 
     educational agency, including preschoolers, dropouts, youth 
     in juvenile detention facilities, and runaways or homeless 
     children and youth;
       ``(G) disseminating information about drug and violence 
     prevention;
       ``(H) training parents, law enforcement officials, judicial 
     officials, social service providers, health service providers 
     and community leaders about drug and violence prevention, 
     education, early intervention, counseling, or rehabilitation 
     referral; and
       ``(I) before-and-after school recreational, instructional, 
     cultural, and artistic programs in supervised community 
     settings.
       ``(d) Administrative Provisions.--Notwithstanding any other 
     provisions of law, any funds expended prior to July 1, 1995, 
     under part B of the Drug-Free Schools and Communities Act of 
     1986 (as in effect prior to enactment of the Improving 
     America's Schools Act) for the support of a comprehensive 
     school health program shall be deemed to have been authorized 
     by part B of such Act.

     ``SEC. 4106. EVALUATION AND REPORTING.

       ``(a) National Impact Evaluation.--The Secretary, in 
     consultation with the Secretary of Health and Human Services, 
     the Director of the Office of National Drug Control Policy, 
     and the Attorney General, shall conduct an independent 
     biennial evaluation of the national impact of programs under 
     this part and submit a report of the findings of such 
     evaluation to the President and the Congress.
       ``(b) State Report.--(1) By October 1, 1997, and every 
     third year thereafter, the State educational agency shall 
     submit to the Secretary a report--
       ``(A) on the implementation and outcomes of State programs 
     under section 5103(b) and local programs under section 
     5103(d), as well as an assessment of their effectiveness; and
       ``(B) on the State's progress toward attaining its goals 
     for drug and violence prevention under section 5103(b)(1).
       ``(2) The report required by this subsection shall be--
       ``(A) in the form specified by the Secretary;
       ``(B) based on the State's on-going evaluation activities, 
     and shall include data on the prevalence of drug use and 
     violence by youth in schools and communities; and
       ``(C) made readily available to the public.
       ``(c) Local Educational Agency Report.--Each local 
     educational agency receiving funds under this subpart shall 
     submit to the State educational agency whatever information, 
     and at whatever intervals, the State requires to complete the 
     State report required by subsection (b), including 
     information on the prevalence of drug use and violence by 
     youth in the schools and the community. Such information 
     shall be made readily available to the public.

                      ``PART B--NATIONAL PROGRAMS

     ``SEC. 4201. FEDERAL ACTIVITIES.

       ``(a) Program Authorized.--From funds appropriated under 
     section 5004(a)(2), the Secretary of Education, in 
     consultation with the Secretary of Health and Human Services, 
     the Director of the Office of National Drug Control Policy, 
     and the Attorney General, shall carry out programs to prevent 
     the illegal use of drugs and violence among, and promote 
     safety and discipline for, students at all educational 
     levels, preschool through postsecondary. The Secretary shall 
     carry out such programs directly, or through grants, 
     contracts, or cooperative agreements with public and private 
     organizations and individuals, or through agreements with 
     other Federal agencies, and shall coordinate such programs 
     with other appropriate Federal activities. Such programs may 
     include--
       ``(1) the development and demonstration of innovative 
     strategies for training school personnel, parents, and 
     members of the community, including the demonstration of 
     model preservice training programs for prospective school 
     personnel;
       ``(2) demonstrations and rigorous evaluations of innovative 
     approaches to drug and violence prevention that are carried 
     out in cooperation with other Federal agencies, including the 
     Department of Health and Human Services, the Department of 
     Justice, the Department of Housing and Urban Development, and 
     the Department of Labor;
       ``(3) the provision of information on drug abuse education 
     and prevention to the Secretary of Health and Human Services 
     for dissemination by the clearinghouse for alcohol and drug 
     abuse information established under section 509 of the Public 
     Health Service Act;
       ``(4) the development, dissemination, and implementation of 
     model programs and strategies to promote the safety of 
     students attending institutions of higher education by 
     preventing violent behavior and the illegal use of alcohol 
     and other drugs by such students;
       ``(5) the development of curricula related to child abuse 
     prevention and education and the training of personnel to 
     teach child abuse education and prevention to elementary and 
     secondary school children;
       ``(6) program evaluations that address issues not addressed 
     under section 5106(a);
       ``(7) direct services to schools and school systems 
     afflicted with especially severe drug and violence problems;
       ``(8) activities in communities designated as empowerment 
     zones or enterprise communities that will connect schools to 
     community-wide efforts to reduce drug and violence problems;
       ``(9) developing and disseminating drug and violence 
     prevention materials, including video-based projects and 
     model curricula;
       ``(10) developing and implementing a comprehensive violence 
     prevention strategy for schools and communities, that may 
     include conflict resolution, peer mediation, the teaching of 
     law and legal concepts, and other activities designed to stop 
     violence;
       ``(11) the implementation of innovative activities, such as 
     community service projects, designed to rebuild safe and 
     healthy neighborhoods and increase students' sense of 
     individual responsibility.
       ``(12) other activities that meet unmet national needs 
     related to the purposes of this title; and
       ``(13) grants to noncommercial telecommunications entities 
     for the production and distribution of national video-based 
     projects that provide young people with models for conflict 
     resolution and responsible decisionmaking.
       ``(b) Peer Review.--The Secretary shall use a peer review 
     process in reviewing applications for funds under this 
     section.

     ``SEC. 4202. PROGRAMS FOR NATIVE HAWAIIANS.

       ``(a) General Authority.--From the funds reserved pursuant 
     to section 5101(a)(3), the Secretary shall make grants to or 
     enter into cooperative agreements or contracts with 
     organizations primarily serving and representing Native 
     Hawaiians which are recognized by the Governor of the State 
     of Hawaii to plan, conduct, and administer programs, or 
     portions thereof, which are authorized by and consistent with 
     the provisions of this for the benefit of Native Hawaiians.
       ``(b) Definition of `Native Hawaiian'.--For the purposes of 
     this section, the term `Native Hawaiian' means any individual 
     any of whose ancestors were natives, prior to 1778, of the 
     area which now comprises the State of Hawaii.

                      ``PART C--GENERAL PROVISIONS

     ``SEC. 4301. DEFINITIONS.

       ``For the purposes of this title, the following terms have 
     the following meanings:
       ``(1) The term `drug and violence prevention' means--
       ``(A) with respect to drugs, prevention, early 
     intervention, rehabilitation referral, or education related 
     to the illegal use of alcohol, the use of tobacco and the use 
     of controlled, illegal, addictive, or harmful substances, 
     including inhalants and anabolic steroids; and
       ``(B) with respect to violence, the promotion of school 
     safety, such that students and school personnel are free from 
     violent and disruptive acts, including sexual harassment, on 
     school premises, going to and from school, and at school-
     sponsored activities, through the creation and maintenance of 
     a school environment that is free of weapons and fosters 
     individual responsibility and respect for the rights of 
     others.
       ``(2) The term `nonprofit', as applied to a school, agency, 
     organization, or institution means a school, agency, 
     organization, or institution owned and operated by one or 
     more nonprofit corporations or associations, no part of the 
     net earnings of which inures, or may lawfully inure, to the 
     benefit of any private shareholder or individual.
       ``(3) The term `school-aged population' means the 
     population aged five through 17, inclusive, as determined by 
     the Secretary on the basis of the most recent satisfactory 
     data available from the Department of Commerce.
       ``(4) The term `school personnel' includes teachers, 
     administrators, guidance counselors, social workers, 
     psychologists, nurses, librarians, and other support staff 
     who are employed by a school or who perform services for the 
     school on a contractual basis.

     ``SEC. 4302. MATERIALS.

       ``(a) `Wrong and Harmful' Message.--Drug prevention 
     programs supported under this title shall convey a clear and 
     consistent message that the illegal use of alcohol and other 
     drugs is wrong and harmful.
       ``(b) Curriculum.--The Secretary shall not prescribe the 
     use of specific curricula for programs supported under this 
     title, but may evaluate the effectiveness of such curricula 
     and other strategies in drug and violence prevention.

     ``SEC. 4303. PROHIBITED USES OF FUNDS.

       ``No funds under this title may be used for--
       ``(1) construction (except for minor remodeling needed to 
     accomplish the purposes of this title);
       ``(2) drug treatment or rehabilitation; and
       ``(3) psychiatric, psychological, or other medical 
     treatment or rehabilitation, other than school-based 
     counseling for students or school personnel who are victims 
     or witnesses of school-related crime.

     ``SEC. 4304. CERTIFICATION OF DRUG AND ALCOHOL ABUSE 
                   PREVENTION PROGRAMS.

       ``(a) In General.--Notwithstanding any other provision of 
     law other than section 432 of the General Education 
     Provisions Act and section 103(b) of the Department of 
     Education Organization Act, no local educational agency shall 
     be eligible to receive funds or any other form of financial 
     assistance under any Federal program unless it certifies to 
     the State educational agency that it has adopted and has 
     implemented a program to prevent the use of illicit drugs and 
     alcohol by students or employees that, at a minimum, 
     includes--
       ``(1) age-appropriate, developmentally based drug and 
     alcohol education and prevention programs (which address the 
     legal, social, and health consequences of drug and alcohol 
     use and which provide information about effective techniques 
     for resisting peer pressure to use illicit drugs or alcohol) 
     for students in all grades of the schools operated or served 
     by the applicant, from early childhood level through grade 
     12;
       ``(2) conveying to students that the use of illicit drugs 
     and the unlawful possession and use of alcohol is wrong and 
     harmful;
       ``(3) standards of conduct that are applicable to students 
     and employees in all the applicant's schools and that clearly 
     prohibit, at a minimum, the unlawful possession, use, or 
     distribution of illicit drugs and alcohol by students and 
     employees on school premises or as part of any of its 
     activities;
       ``(4) a clear statement that sanctions (consistent with 
     local, State, and Federal law), up to and including expulsion 
     or termination of employment and referral for prosecution, 
     will be imposed on students and employees who violate the 
     standards of conduct required by paragraph (3) and a 
     description of those sanctions;
       ``(5) information about any available drug and alcohol 
     counseling and rehabilitation and re-entry programs that are 
     available to students and employees;
       ``(6) a requirement that parents, students, and employees 
     be given a copy of the standards of conduct required by 
     paragraph (3) and the statement of sanctions required by 
     paragraph (4);
       ``(7) notifying parents, students, and employees that 
     compliance with the standards of conduct required by 
     paragraph (3) is mandatory; and
       ``(8) a biennial review by the applicant of its program 
     to--
       ``(A) determine its effectiveness and implement changes to 
     the program if they are needed; and
       ``(B) ensure that the sanctions required by paragraph (4) 
     are consistently enforced.
       ``(b) Dissemination of Information.--Each local educational 
     agency that provides the certification required by subsection 
     (a) shall, upon request, make available to the Secretary, the 
     State educational agency, and to the public full information 
     about the elements of its program required by subsection (a), 
     including the results of its biennial review.
       ``(c) Certification to Secretary.--Each State educational 
     agency shall certify to the Secretary that it has adopted and 
     has implemented a program to prevent the use of illicit drugs 
     and the abuse of alcohol by its students and employees that 
     is consistent with the program required by subsection (a) of 
     this section. The State educational agency shall, upon 
     request, make available to the Secretary and to the public 
     full information about the elements of its program.
       ``(d) Regulations.--(1) The Secretary shall publish 
     regulations to implement and enforce the provisions of this 
     section, including regulations that provide for--
       ``(A) the periodic review by State educational agencies of 
     a representative sample of programs required by subsection 
     (a); and
       ``(B) a range of responses and sanctions for local 
     educational agencies that fail to implement their programs or 
     to consistently enforce their sanctions, including 
     information and technical assistance, the development of a 
     compliance agreement, and the termination of any form of 
     Federal financial assistance.
       ``(2) The sanctions required by subsection (a)(1)(4) may 
     include the completion of an appropriate rehabilitation 
     program.
       ``(e) Appeal Regarding Termination of Assistance.--Upon a 
     determination by the Secretary to terminate financial 
     assistance to any local educational agency under this 
     section, the agency may file an appeal with an administrative 
     law judge before the expiration of the 30-day period 
     beginning on the date such agency is notified of the decision 
     to terminate financial assistance under this section. Such 
     judge shall hold a hearing with respect to such termination 
     of assistance before the expiration of the 45-day period 
     beginning on the date that such appeal is filed. Such judge 
     may extend such 45-day period upon a motion by the agency 
     concerned. The decision of the judge with respect to such 
     termination shall be considered to be a final agency 
     action.''.
  The CHAIRMAN. Are there amendments to title IV?


              amendment offered by mr. barrett of nebraska

  Mr. BARRETT of Nebraska. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Barrett of Nebraska:
     --Page 413, strike line 14 and all that follows through line 
     17.
     --Page 413, line 18, strike ``(2)'' and insert ``(1)''.
     --Page 414, line 6, strike ``(3)'' and insert ``(2)''.
     --Page 414, line 12, strike ``(4)'' and insert ``(3)''.
     --Page 414, line 18, strike ``(5)'' and insert ``(4)''.
     --Page 414, line 22, strike ``(6)'' and insert ``(5)''.
     --Page 415, line 1, strike ``(7)'' and insert ``(6)''.
     --Page 416, after line 4, insert the following:
       ``(c) Governor's Funds.--A State's application under this 
     section shall also contain a comprehensive plan for the use 
     of funds under section 4103A by the chief executive officer 
     that includes--
       ``(1) a statement of the chief executive officer's 
     measurable goals and objectives for drug and violence 
     prevention and a description of the procedures to be used for 
     assessing and publicly reporting progress toward meeting 
     those goals and objectives;
       ``(2) a description of how the chief executive officer will 
     coordinate his or her activities under this part with the 
     State educational agency and other State agencies and 
     organizations involved with drug and violence prevention 
     efforts;
       ``(3) a description of how funds reserved under section 
     4103A will be used so as not to duplicate the efforts of the 
     State educational agency and local educational agencies with 
     regard to the provision of school-based prevention efforts 
     and services and how those funds will be used to serve 
     populations not normally served by the State educational 
     agency, such as school dropouts and youth in detention 
     centers;
       ``(4) a description of how the chief executive officer will 
     award funds under section 4103A and a plan for monitoring the 
     performance of, and providing technical assistance to, 
     recipients of such funds; and
       ``(5) a description of how funds will be used to support 
     community-wide comprehensive drug and violence prevention 
     planning.
     --Page 416, line 24, strike ``the total amount'' and insert 
     ``an amount equal to 80 percent of the total amount''.
     --Page 419, line 14, strike ``(1)''.
     --Page 419, strike line 18 and all that follows through line 
     21.
     --Page 422, after line 21, insert the following:

     ``SEC. 4103A. GOVERNOR'S PROGRAMS.

       ``(a) Use of Funds.--(1) An amount equal to 20 percent of 
     the total amount allocated to a State under section 4101 for 
     each fiscal year shall be used by the chief executive officer 
     of such State for drug and violence prevention programs and 
     activities in accordance with this section.
       ``(2) A chief executive officer shall use not less than 10 
     percent of the 20 percent of the total amount described in 
     paragraph (1) for each fiscal year for drug abuse resistance 
     education programs in accordance with subsection (e).
       ``(3) A chief executive officer may use no more than five 
     percent of the 20 percent of the total amount described in 
     paragraph (1) for the administrative costs incurred in 
     carrying out the duties of such officer under this section.
       ``(b) Advisory Panel.--
       ``(1) Establishment.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     a chief executive officer shall establish an advisory panel 
     in accordance with this subsection for the purpose of 
     developing a plan for the use of funds reserved under 
     subsection (a)(1).
       ``(B) Exception.--The chief executive officer of a State 
     shall be exempt from the requirement under subparagraph (A) 
     if such State, on or before January 1, 1994, has established 
     an independent agency as described in section 4103(a)(2)(A).
       ``(2) Plan.--The advisory panel established under paragraph 
     (1) shall develop a plan under which--
       ``(A) existing drug and violence prevention programs, 
     projects, and activities in the State (including activities 
     of the State educational agency and local educational 
     agencies and community-based organizations) that are 
     determined by the panel to be successful are continued, or, 
     where appropriate, coordinated with new programs, projects, 
     and activities established and carried out with funds 
     reserved under subsection (a)(1); and
       ``(B) technical assistance and training is provided to 
     local educational agencies, consortia of such agencies, and 
     partnerships consisting of such agencies and community-based 
     organizations, for drug and violence prevention, community 
     outreach, and mobilization and coordination of alcohol, 
     tobacco, and other drug prevention programming.
       ``(3) Meetings.--The advisory panel shall meet at least 
     once every 2 years after the establishment of the plan 
     described in paragraph (2) for the purpose of reviewing and 
     evaluating the use of funds under this section.
       ``(4) Membership.--
       ``(A) In general.--The advisory panel shall consist of not 
     less than 9 members, but not more than 12 members, including 
     the chief executive officer of the State (or the designee of 
     such chief executive officer) and at least 1 individual 
     appointed by such chief executive officer from each of the 
     following categories:
       ``(i) Parents.
       ``(ii) Students.
       ``(iii) Chief state school officers (or their designees).
       ``(iv) School administrators or teachers.
       ``(v) Substance abuse prevention workers or administrators.
       ``(vi) Community-based providers.
       ``(viii) Law enforcement officers or district attorneys.
       ``(ix) Mayors, city councilpersons, or county 
     commissioners.
       ``(B) Political affiliation.--Not more than \1/2\ of the 
     members of the advisory panel may be of the same political 
     party.
       ``(C) Compensation.--Members of the advisory panel shall 
     serve without pay.
       ``(5) Administrative expenses.--The administrative expenses 
     of the advisory panel shall be paid for from the State 
     administrative funds under subsection (a)(2)
       ``(c) Programs Authorized.--(1) A chief executive officer 
     shall use funds reserved under subsection (a)(1) for grants 
     to or contracts with parent groups, community action and job 
     training agencies, community-based organizations, and other 
     public entities and private nonprofit organizations. Such 
     grants or contracts shall support programs and activities 
     described in subsection (d) for children and youth who are 
     not normally served by State or local educational agencies, 
     for populations that need special services or additional 
     resources (such as preschoolers, youth in juvenile detention 
     facilities, runaway or homeless children and youth, and 
     dropouts), or both.
       ``(2) Grants or contracts awarded under this subsection 
     shall be subject to a peer review process.
       ``(d) Authorized Activities.--Grants and contracts under 
     subsection (c) shall be used for programs and activities such 
     as--
       ``(1) disseminating information about drug and violence 
     prevention;
       ``(2) training parents, law enforcement officials, judicial 
     officials, social service providers, health service providers 
     and community leaders about drug and violence prevention, 
     education, early intervention, counseling, or rehabilitation 
     referral;
       ``(3) developing and implementing comprehensive, community-
     based drug and violence prevention programs that link 
     community resources with schools and integrate services 
     involving education, vocational and job skills training, law 
     enforcement, health, mental health, and other appropriate 
     services;
       ``(4) planning and implementing drug and violence 
     prevention activities that coordinate the efforts of State 
     agencies with those of the State educational agency and its 
     local educational agencies;
       ``(5) activities to protect students traveling to and from 
     school;
       ``(6) developing and implementing strategies to prevent 
     illegal gang activity;
       ``(7) coordinating and conducting community-wide violence 
     and safety assessments and surveys; and
       ``(8) evaluating programs and activities under this 
     section.
       ``(e) Drug Abuse Resistance Education Programs.--(1) A 
     chief executive officer shall use funds reserved under 
     subsection (a)(2) for grants to local educational agencies in 
     consortium with entities which have experience in assisting 
     school districts to provide instruction to students grades 
     kindergarten through 6 to recognize and resist pressures that 
     influence such students to use controlled substances, as 
     defined in Schedules I and II of section 202 of the 
     Controlled Substances Act the possession or distribution of 
     which is unlawful under such Act, or beverage alcohol, such 
     as Project Drug Abuse Resistance Education, that meet the 
     requirements of paragraph (2).
       ``(2) A local educational agency in consortium with an 
     entity shall not be eligible for a grant under paragraph (1) 
     unless such local educational agency in consortium with an 
     entity will use assistance provided under such grant to 
     provide or arrange for the provision of services that shall 
     include--
       ``(A) drug abuse resistance education instruction for 
     students grades kindergarten through 6 that is designed to 
     teach students to recognize and resist pressures to 
     experiment that influence such children to use controlled 
     substances, as defined under paragraph (1), or beverage 
     alcohol, including instruction in the following areas--
       ``(i) drug use and misuse;
       ``(ii) understanding the consequences of drug abuse;
       ``(iii) resistance techniques;
       ``(iv) assertive response styles;
       ``(v) managing stress without taking drugs;
       ``(vi) decisionmaking and risk taking;
       ``(vii) media influences on drug use;
       ``(viii) positive alternatives to drug abuse behavior;
       ``(ix) interpersonal and communication skills;
       ``(x) self-esteem building activities; and
       ``(xi) resistance to peer pressure and gang pressure;
       ``(B) provisions for parental involvement;
       ``(C) classroom instruction by uniformed law enforcement 
     officials;
       ``(D) the use of positive student leaders to influence 
     younger students not to use drugs;
       ``(E) an emphasis on activity-oriented techniques designed 
     to encourage student-generated responses to problem-solving 
     situations; and
       ``(F) the awarding of a certificate of achievement to each 
     student who participates in a drug abuse resistance education 
     program.
       ``(3) Amounts received under paragraph (1) by any local 
     educational agency or entity shall be used only to 
     supplement, not to supplant, the amount of Federal, State, 
     and local funds expended for the support of projects of the 
     type described in paragraph (2).
     --Page 427, line 24, strike ``under this part; and'' and 
     insert ``under this part.''.
     --Page 428, strike line 1 and all that follows through line 
     3.
     --Page 431, strike line 18 and all that follows through line 
     15 on page 433.
     --Page 433, line 16, strike ``(d)'' and insert ``(c)''.
  Mr. BARRETT of Nebraska. Mr. Chairman, this bipartisan amendment is 
straightforward and simple. It accomplishes five objectives.
  First, it incorporates the administration's recommendations, by 
reserving 20 percent for the Governor's share of a State's drug-free 
dollars. Under current law, Governor's get 30 percent, subject to an 
appropriation's cap, of a State's drug-free dollars. The Governor's 
shares have been vital in providing effective, community-based drug 
abuse prevention and education.
  Second, it would make the Governor's more accountable for this use of 
funds, by requiring Governors to convene a nonpartisan advisory 
committee of law enforcement officers, teachers, substance abuse 
counselors, students, community-based providers, and others to map out 
a plan for the Governor's use of these funds. This advisory committee 
would meet every 2 years to review and comment on the Governor's 
funding uses.
  Third, it would strike from H.R. 6 the requirement that schools spend 
21 percent of their funds for community-based programs. This is yet 
another mandate upon schools, and one that shouldn't be made because 
this is what the Governor's funds have been doing already.
  Fourth, it would retain current law with respect to DARE the acronym 
for Drug Abuse Resistance Education. Currently, Governors must spend 10 
percent of their share for DARE. Again, this amendment maintains that 
successful requirement.
  And finally, this bipartisan amendment strikes from H.R. 6 the 
prohibition on contracting with other State agencies. Our bipartisan 
amendment will allow State agencies to coordinate their efforts, and 
deliver a more comprehensive approach to drug abuse education.
  Mr. Chairman, the opponents to my amendment claim that H.R. 6 
channels more money down to school districts to provide community-based 
services. But, what they don't tell you is that it mandates schools to 
provide these services.
  Current law asks school districts to perform these types of services, 
and some school districts have--but some haven't. Schools are already 
hard pressed, complying with a multitude of other Federal and State 
mandates--not to mention the litany of new mandates that are being 
created elsewhere in H.R. 6.
  I want to take this opportunity to thank the gentleman from Indiana 
[Mr. Roemer] for his help. Mr. Chairman, this amendment is truly a 
bipartisan effort to help maintain effective statewide and community-
based programs that are doing the job today in combating drug and 
alcohol abuse.
  Mr. Chairman, the right approach to take to maintain coordinated, 
comprehensive, and effective drug abuse prevention programs is to 
support the Barrett/Roemer amendment. Every Member of this House should 
have received Dear Colleague letters, explaining what the sum of the 
Governors' shares have done in many States.
  These examples should indicate the time and effort that States have 
taken to create effective programs--programs that cannot be duplicated 
at the local level because of the cost, expertise, and time that would 
be required to maintain these programs.
  Some feel that this issue really comes down to whether you like your 
Governor or not. For me, that is not the case.
  Nebraska's Governor is a Democrat, who is up for reelection this 
year. Now, I do not necessarily agree with Nebraska's Governor on many 
things, but on this issue we do agree and I like what he's done with 
the Governor's fund. He has continued effective programs that were 
created by his predecessor, a Republican, and has instituted new 
programs that are constructively addressing Nebraska's drug and alcohol 
abuse problem.
  The question should not be about whether one likes the Governor of 
his or her State. The question is much more fundamental than that. It 
is a question of whether you want effective programs, that are today 
combating drug and alcohol abuse, or whether you want to kill these 
programs.
  Now, the opponents will say that if these programs are effective, 
they will find the money somewhere--from other Federal funds. One just 
has to ask: What will happen to programs that are being funded by these 
other programs? They will be reduced.
  We will then be debating, here on this floor, reasons why we should 
be increasing spending, simply because we eliminated current-funded 
drug-free programs.
  Mr. Chairman, the Barrett/Roemer amendment is the only compromise. It 
is a compromise that parents want, prevention advocates want, and what 
the Governors want.


   Amendment Offered by Mr. Owens as a Substitute for the Amendment 
                   Offered by Mr. Barrett of Nebraska

  Mr. OWENS. Mr. Chairman, I offer an amendment as a substitute for the 
amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Owens as a substitute for the 
     amendment offered by Mr. Barrett of Nebraska:
       In section 101 of the bill, in section 4003 of the 
     Elementary and Secondary Education Act of 1965 (as proposed 
     to be added by such section 101), strike paragraph (2) of 
     such section 4003, and insert the following:
       ``(2) States for grants to, and contracts with, community-
     based organizations and other public and private nonprofit 
     agencies and organizations for programs of drug and violence 
     prevention, early intervention, rehabilitation referral, and 
     education;
       In section 101 of the bill, in paragraph (1) of section 
     4004(a) of the Elementary and Secondary Education Act of 1965 
     (as proposed to be added by such section 101), strike the 
     ``and'' at the end of such paragraph.
       In section 101 of the bill, in paragraph (2) of section 
     4004(a) of the Elementary and Secondary Education Act of 1965 
     (as proposed to be added by such section 101), strike the 
     period at the end of such paragraph and insert ``; and''.
       In section 101 of the bill, in subsection (a) of section 
     4004 of the Elementary and Secondary Education Act of 1965 
     (as proposed to be added by such section 101), add at the end 
     of such subsection the following new paragraph:
       ``(3) for State grants under part C, $100,000,000 for 
     fiscal year 1995 and such sums as may be necessary for each 
     of fiscal years 1996 through 1999.
       In section 101 of the bill, in paragraph (1) of section 
     4105(c) of the Elementary and Secondary Education Act of 1965 
     (as proposed to be added by such section 101), strike ``shall 
     expend not less than 21 percent'' and insert ``may expend not 
     less than 21 percent''.
       In section 101 of the bill, after part B of title IV of the 
     Elementary and Secondary Education Act of 1965 (as proposed 
     to be added by such section 101), add the following new part 
     (and make appropriate conforming amendments):

                  ``Part C--Grants to State Governors

     ``SEC. 4203. STATE ALLOTMENTS.

       ``(a) In General.--The Secretary shall allot to the States 
     the amount available for each fiscal year under section 
     4004(a)(3) on the basis of the following factors:
       ``(1) \1/2\ of such amount shall be allotted among the 
     States on the basis of the school-aged population of each 
     State as compared to the total school-aged population of all 
     the States.
       ``(2) \1/2\ of such amount shall be allotted among the 
     States on the basis of the amount each State received under 
     sections 1124 and 1124A of this Act for the preceding year 
     (or, with respect to fiscal year 1995, sections 1005 and 1006 
     of this Act, as in effect on the day before the date of the 
     enactment of the Improving America's Schools Act of 1994) as 
     compared to the sum total of such amounts received by all the 
     States.
       ``(b) Minimum Allotment.--For any fiscal year, a State 
     shall be allotted an amount under this section which is equal 
     to at least 1 percent of the total amount allotted to all the 
     States under this section.
       ``(c) Reallotment.--The Secretary may reallot any amount of 
     an allotment to a State under this section if the Secretary 
     determines that such State will be unable to use such amount 
     within two years of such allotment. Such reallotment shall be 
     made on the same basis as allotments made under subsection 
     (a).
       ``(d) State Defined.--For the purposes of this section, the 
     term `State' means each of the 50 States, the District of 
     Columbia, and the Commonwealth of Puerto Rico.

     ``SEC. 4204. STATE APPLICATIONS.

       ``(a) In General.--In order to receive an allotment under 
     section 4203(a) for any fiscal year, a State shall submit to 
     the Secretary, at such time as the Secretary may require, an 
     application that contains a comprehensive plan for the use of 
     funds under section 4205 by the chief executive officer that 
     includes--
       ``(1) a statement of the chief executive officer's 
     measurable goals and objectives for drug abuse and violence 
     prevention and a description of the procedures to be used for 
     assessing and publicly reporting progress toward meeting 
     those goals and objectives;
       ``(2) a description of how the chief executive officer will 
     coordinate activities under section 4205 with the State 
     educational agency and other State agencies and organizations 
     involved with drug and violence prevention efforts;
       ``(3) a description of how funds allotted under section 
     4203 will be used so as not to duplicate the efforts of the 
     State educational agency and local educational agencies with 
     regard to the provision of school-based prevention efforts 
     and services;
       ``(4) a description of how the chief executive officer will 
     award funds under section 4205 and a plan for monitoring the 
     performance of, and providing technical assistance to, 
     recipients of such funds; and
       ``(5) a description of the special initiatives that will be 
     undertaken with the funds allotted under section 4203 to 
     assist those communities within the State which have the 
     greatest need for drug and violence prevention assistance, as 
     measured by objective factors which include--
       ``(A) high rates of alcohol or other drug abuse among 
     youth;
       ``(B) high rates of victimization of youth by violence and 
     crime;
       ``(C) high rates of arrests and convictions of youth for 
     violent or drug- or alcohol-related crime;
       ``(D) the extent of illegal gang activity;
       ``(E) high rates of referrals of youth to drug and alcohol 
     abuse treatment and rehabilitation programs;
       ``(F) high rates of referrals of youth to juvenile court;
       ``(G) high rates of expulsions and suspensions of students 
     from schools; and
       ``(H) high rates of reported cases of child abuse and 
     domestic violence;
       ``(6) a description of the special outreach efforts and 
     other activities which will be undertaken to ensure the full 
     participation of community-based organizations located in 
     communities with high rates of poverty, as well as 
     organizations which provide services to African-Americans, 
     Hispanics, and other minorities; and
       ``(7) a description of how funds will be used to support 
     community-wide comprehensive drug abuse and violence 
     prevention planning.
       ``(b) Peer Review.--The Secretary shall use a peer review 
     process in reviewing State applications under this section.

     ``SEC. 4205. USE OF FUNDS.

       ``(a) In General.--The amount allotted to a State under 
     section 4203 for each fiscal year shall be used by the chief 
     executive officer of such State for drug abuse and violence 
     prevention programs and activities in accordance with this 
     section.
       ``(b) State Administration.--A chief executive officer may 
     use no more than 4 percent of the amount allotted under 
     section 4203 for a fiscal year for the administrative costs 
     incurred in carrying out the duties of such officer under 
     this section.
       ``(c) Programs Authorized.--A chief executive officer shall 
     use amounts allotted under section 4203 for a fiscal year for 
     grants to, or contracts with, parent groups, community action 
     and job training agencies, community-based organizations, and 
     other public entities and private nonprofit organizations to 
     support programs and activities such as--
       ``(1) developing and implementing comprehensive, community-
     based drug and violence prevention programs that link 
     community resources with schools and integrate services 
     involving education, vocational and job skills training, law 
     enforcement, health, mental health, and other appropriate 
     services;
       ``(2) planning and implementing drug and violence 
     prevention activities that coordinate the efforts of 
     community-based agencies with those of the local educational 
     agency;
       ``(3) activities to protect students traveling to and from 
     school;
       ``(4) developing and implementing strategies to prevent 
     illegal gang activity;
       ``(5) coordinating and conducting community-wide violence 
     and safety assessments and surveys;
       ``(6) programs and activities which address the needs of 
     children and youth who are not normally served by the local 
     educational agency, including preschoolers, dropouts, youth 
     in juvenile detention facilities, and runaways or homeless 
     children and youth;
       ``(7) disseminating information about drugs and violence 
     prevention;
       ``(8) training parents, law enforcement officials, judicial 
     officials, social service providers, health service providers 
     and community leaders about drug abuse and violence 
     prevention, education, early intervention, counseling, or 
     rehabilitation referral;
       ``(9) before- and after-school recreational, instructional, 
     cultural, and artistic programs in supervised community 
     settings; and
       ``(10) evaluating programs and activities carried out under 
     this section.
  Mr. OWENS. Mr. Chairman, this substitute would separately authorize 
$100 million for the Governor of each State to support community-based 
prevention drug and violence prevention activities. I am offering it as 
a compromise in an effort to try to resolve this contentious issue.
  Members need to understand that the Drug-Free Schools and Communities 
Act is a program in serious trouble. Continuing questions about the 
effectiveness and accountability of this program have led to dramatic 
reductions in funding. Last year the Appropriations Committee cut the 
program by one-third; this year the House Budget Committee has 
recommended cutting another $100 million from the program.
  To address these concerns, the committee has included significant new 
accountability requirements for school-based drug and violence 
prevention programs in the reauthorization. The education community has 
supported these changes.
  This substitute is an effort to establish a comparable measure of 
accountability for community programs funded under the Governor's share 
of drug-free schools appropriations.
  Under current law and under the Barrett amendment, the Governors 
receive a setaside off the top of total appropriations for the program. 
They do not have to demonstrate that their programs are effective; no 
matter what, they get their 20 percent.
  Some Governors have clearly taken advantage of this free ride. 
Throughout the reauthorization process, the committee found it 
exceedingly difficult to obtain any information about how these funds 
were being expended in the States, much less whether they were being 
well-spent. The Department of Education did not have the information 
and several of the States we called were unable to provide us with it 
either. Millions of Federal dollars--and no one seems to know where it 
is going.

  In recent weeks, we have learned more about how the Governors are 
using this money and heard about some impressive activities that are 
being supported. We have also, however, learned about some 
expenditures--such as the purchase of radar detectors for police 
departments--that are in clear violation of the statute and the 
regulations.
  This substitute would end the free ride and separately authorize the 
Governors' program, assuring greater accountability for how these funds 
are expended.
  I urge my colleagues to support this compromise substitute for the 
sake of the overall safe and Drug-Free Schools and Communities Act 
Program, we must end the free ride. Strong accountability must be 
demanded of all recipients of Federal funds.

                              {time}  1500


 amendment offered by mr. kildee to the amendment offered by mr. owens 
  as a substitute for the amendment offered by mr. barrett of nebraska

  Mr. KILDEE. Mr. Chairman, I offer an amendment to the amendment 
offered as a substitute for the amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Kildee to the amendment offered by 
     Mr. Owens as a substitute for the amendment offered by Mr. 
     Barrett of Nebraska: In section 4205 of the Elementary and 
     Secondary Education Act of 1965, as proposed to be inserted 
     by the substitute, add at the end the following new 
     subsection:
       ``(d) Drug Abuse Resistance Education Programs.--A chief 
     executive officer shall use not less than 10 percent of the 
     funds allotted under subsection (a) for a fiscal year for 
     grants to local educational agencies in consortium with 
     entities which have experience in assisting school districts 
     to provide instruction to students grades kindergarten 
     through 6 to recognize and resist pressures that influence 
     such students to use controlled substances, as defined in 
     Schedules I and II of section 202 of the Controlled 
     Substances Act the possession or distribution of which is 
     unlawful under such Act, or beverage alcohol, such as Project 
     Drug Abuse Resistance Education.''.

  Mr. KILDEE (during the reading). Mr. Chairman, I ask unanimous 
consent that the amendment be considered as read and printed in the 
Record.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Michigan?
  There was no objection.
  Mr. KILDEE. Mr. Chairman, my amendment to the substitute offered by 
the gentleman from New York [Mr. Owens] is meant to protect a program 
of special interest to many Members in the House, including this 
Member. The Drug Abuse Resistance Education Program, commonly called 
DARE, has proven to be one of the best methods yet devised for 
preventing drug abuse and drug use among young people. My amendment 
continues the policy of current law. It sets aside a specific 10 
percent of any funds appropriated for the use of Governors for the DARE 
Program.
  DARE does work, Mr. Chairman. The DARE Program brings police officers 
into classrooms and school settings to work with students in grades K 
through 6. Those officers become teachers and counselors educating 
students in the physical, mental, and societal dangers of drug use. 
Officers teach young people how to recognize drugs and to avoid peer 
pressure and dangerous situations.
  DARE goes beyond just say ``no.'' DARE teaches young people how to 
say ``no'' and make it stick. DARE programs create positive relations 
between law enforcement officials and children in an environment 
children already find safe and friendly, the school.
  DARE has been shown to have positive effects beyond the boundaries of 
the school and into the neighborhood. I have seen the DARE Program work 
in my district. The people are very supportive of it. The police 
officers, the teachers, the parents all say it is a program that really 
works.
  Mr. Chairman, I urge the adoption of the amendment.
  Mr. BARRETT of Nebraska. Mr. Chairman, I rise in opposition to the 
amendment offered by the gentleman from Michigan [Mr. Kildee] as a 
substitute for the amendment offered by the gentleman from New York 
[Mr. Owens]. It appears to me that this amendment tries to put a new 
suit on a bad amendment. It tries to dress up the Owens amendment with 
DARE in an effort to wean support away from the Barrett-Roemer 
amendment. Why?
  The Owens amendment creates a new authorization for Governors to 
receive funding under the Drug Free Schools and Communities Act. A new 
authorization. The Governors will have to ask the Appropriations 
Committee for new funding.
  So I ask, Mr. Chairman, what guarantees are there that during the 
appropriations process, the Governor's funding would come anywhere 
close to the $100 million new authorization level. Then, what 
guarantees are there that current DARE programs would receive adequate 
funding or any funding at all?
  There are none.
  I do not have to remind this House of the number of programs that 
have high authorization levels, but receive little or nothing in 
appropriations.
  The only amendment that guarantees funding for the Governor's share 
and for DARE is the Barrett-Roemer amendment.
  The Barrett-Roemer amendment maintains current law with respect to 
DARE funding. Under current law, DARE must receive 10 percent of the 
total amount the Governor receives under the Drug Free Schools and 
Communities Act. The Barrett-Roemer amendment, by maintaining current 
law is the only amendment that would guarantee that the Governors' 
share receive adequate funding, which guarantees that DARE receives 
adequate funding.
  H.R. 6 authorizes $630 million for the drug-free schools State grant 
program. And, on top of that, if the Owens amendment is accepted, 
Governors would be authorized to receive $100 million.
  So, under the Kildee amendment, to match the new authorization levels 
with current programs, Congress will have to appropriate full funding 
for both, the State share and the Governor's share. Congress would have 
to appropriate $361 million in new spending just to get what the 
Governor's fund and DARE receive today. A $361 million increase.
  Is it realistic, in just 1 year, in order to maintain current 
programs, for Congress to appropriate another $361 million? I have a 
lot of faith in the ability of the Appropriations Committee to spend 
money, but even that committee has come face to face with budget 
realities. I don't think we can afford such an increase when we look at 
a number of other important programs.
  And sadly, it will not be the Governor's who will suffer, or DARE, 
but the kids and communities that will become the tragic victims of the 
political sniping that's going on here today.
  The Barrett-Roemer amendment does not ask for one new dime in 
spending. But, it would guarantee that the Governor's share and DARE 
continue to receive adequate funding to continue successful programs.
  If you want to continue DARE, then vote against this amendment. If 
you want to continue DARE, and successful community-based programs, 
then vote ``yes'' on Barrett-Roemer.
  I urge my colleagues to vote against this ill-fitting amendment.

                              {time}  1510

  Mr. ROEMER. Mr. Chairman, I move to strike the last word.
  Mr. Chairman, I rise today in opposition to the Owens-Kildee 
amendment to the Drug-Free Schools and Community Act and in support of 
the Barrett-Roemer amendment. While I appreciate the interest of both 
gentlemen in putting together good legislation and their concern for 
the DARE Program, I believe that if we continue along the lines of 
their perfecting amendments, the outcome will mean that we do not 
ensure that these programs will continue.
  As many of my colleagues may know, under the current Drug-Free 
Schools and Communities Act, Governors are allowed to set aside 30 
percent of the State allocation for statewide programs, including the 
DARE Program, the Drug Abuse Resistance Education Program. 
Unfortunately, H.R. 6, as reported by the committee, eliminates all 
funding for the Governors' programs. While in many instances I can 
understand the position that we should fund as much money as possible 
to the local level, I must disagree with this particular approach.
  From the degree of efficiency, the Barrett-Roemer amendment would 
provide a much more efficient means to get the money directly to the 
programs for DARE and to fight drug abuse.
  Let me give the Members a specific example. In Indiana, Governor Bayh 
has established the Governors' Commission for a Drug-Free Indiana which 
has 10 regional offices that help coordinate local efforts. This 
provides extensive coordination and collaboration efforts with local 
schools and with local community based efforts. H.R. 6 would eliminate 
this program and redistribute the Governors' money, which amounts to 
approximately $1 million by formula to 290 school districts. Each 
school district in Indiana would receive an additional $3,000 but would 
have to accomplish the task that the Governors' program traditionally 
met such as establishing cooperative agreements with community based 
organizations.
  Second, there is flexibility, Mr. Chairman. In essence, this places 
more mandates on local agencies with little resources to meet these new 
demands. I have heard from many of my local school districts in 
Indiana, and they have said to me that they do not want the additional 
funding if it comes at the expense of the Governor's programs. They 
think Governor Bayh is doing a great job and he should keep this 
program going.
  Last, there is accountability, Mr. Chairman. The Barrett-Roemer 
amendment instills more accountability into the Governors' programs by 
requiring Governors to establish a long-term plan for the initiatives. 
This plan would be subject to a peer review process at the State level.
  Let me repeat this. Accountability, flexibility, and efficiency are 
all reasons by which we stood defeat the Kildee and Owens amendments 
and support the vote for the Barrett-Roemer proposal.
  Finally, let me just respond to what the Owens-Kildee amendment would 
do. What that would do would be eventually to create a separate and 
duplicative program to fund the Governors' drug prevention initiatives. 
It is important to note that this program, with the proposed 
authorization at $100 million, is not provided for in the President's 
fiscal year 1995 budget request. The Department of Education 
furthermore has indicated that it does not intend to modify its budget 
to accommodate this new program. Therefore, it is unlikely that the 
funds will be made available for the Governors' programs even if the 
Owens-Kildee amendment is adopted. The Owens-Kildee amendment would 
ensure that local drug prevention programs like DARE currently 
supported by the Governors would eventually be eliminated.
  Mr. Chairman, I urge my colleagues to support our amendment and to 
defeat the perfecting amendments.
  Mr. FORD of Michigan. Mr. Chairman, I move to strike the requisite 
number of words.
  Mr. Chairman, it strikes me as very odd that for the first time since 
we passed the original alcohol and drug abuse education programs in the 
1970's, we have Members on the floor who are normally beating their 
chests to prove how antidrug they are, now arguing for a position that 
cuts the resources to the drug programs, no matter what they call them 
or who controls the money.
  The effect of the Barrett amendment taken in the context of the 
appropriations history of this legislation is to reduce. And the 
gentleman has, as a matter of fact, said he did not think we needed to 
spend more money on drug education and drug use prevention. Actually, 
the committee does not agree with that, and the subcommittee of the 
gentleman from New York [Mr. Owens] which wrote this part of the 
legislation is now attempting to increase the total amount of the 
resources put into fighting drugs by setting up a $100 million pot of 
money that the Governors can use. And we do not even have in that 
amendment the restrictions that the Barrett amendment has in it on how 
the Governors spend it. But we feel that it is safe to let them do that 
because the Appropriations Committee each year will look at how the 
Governors are spending it. If they are buying radar detectors, I guess 
that will affect the amount of the appropriation. If they are running 
programs that will affect it, too.
  The effect of the Owens amendment to the Barrett amendment is 
literally to add more than $20 million to the pot that the Governors 
now get. Now, after the committee acted on this, there was an awful lot 
of misleading information spread across the country, and many of us 
have heard that the DARE programs were endangered. Well, the gentleman 
from Indiana just told us that if we give the money to the Governors, 
they will continue to take care of DARE, but we have to trust that that 
is what they are going to do with it. Under the Kildee amendment, they 
do not have any choice. There will be a percentage set aside out of the 
money that goes to them that has to be sent to the DARE programs. He 
has guaranteed that the DARE programs would get the same kind of 
treatment that the Governors have been providing out of the drug 
program.
  There is a very simple set of questions we have to ask ourselves on 
these votes. The first vote is going to occur on the amendment offered 
by the gentleman from Michigan [Mr. Kildee] to guarantee a set-aside of 
money for the DARE Program. So we can either be for or against DARE, 
and it will be a clean-cut vote.

  As to the sponsors of the Barrett amendment, the words, ``dog in the 
manger,'' come to my mind, because they are suggesting that because 
they have the right way and the only way to do this, they do not want 
to have a guarantee for DARE to have a set-aside, and they do not want 
to take a chance that, in any way at all, this will enhance the 
possibility of getting the additional $100 million for the Governors 
and thereby increase the cost of this program.
  The second thing we have to consider is this: That the Owens 
amendment, consistent with all of the other formulas in this 
legislation, drives the money, the bulk of the money, directly to the 
local school district and then relies on the local school district to 
make its own decision on what kind of a drug program is appropriate to 
that particular place. I submit that very few of us are willing to 
admit that the drug problems that our schools are dealing with in any 
way typify what goes on in other parts of the country. There are drugs 
in use on the west coast that Michigan has not discovered yet, and when 
they discover them, they will start dealing with them. But we do not 
need a one-size-fits-all kind of a drug program that centralizes 
control. We ought to trust local people.
  We have been listening to Members since this bill came to the floor. 
They have said, ``Don't put these mandates on local school boards. Let 
them make the decisions.'' That is what we are asking the Members to do 
here. Let us not cut off the money at the State capital level. Let us 
send it through the local school district and let them, without 
intervention, have their share of the money and spend it on what they 
believe to be the most appropriate drug education program for their 
individual school district.

                              {time}  1520

  Finally, Mr. Chairman, if you want to support the DARE program, if 
you want to increase our efforts in fighting drugs with young people, 
and if you want to support the idea that people closest to the kids in 
their own community know best what their kids are subjected to as risks 
and are best able to deal with it, then you should support first the 
Kildee amendment, and then after adopting that, vote for the Owens 
amendment, and then after adopting that, vote for the Barrett 
amendment.
  The Owens amendment would be offered as an alternative to Mr. 
Barrett's amendment. It would authorize a Governor's program under 
DFSCA, but as a separate authorization of $100 million. It contains few 
limits on the Governors' program and no set-aside for DARE.
  The amendment authorizes $100 million for the Governors to use for 
programs essentially the same as in current law; there is no set-aside 
for DARE; and it leaves more Governor's discretion, since does not 
require a Policy Board;
  The amendment maintains the idea that education funds should be 
controlled by LEA's, and that the needs to be addressed and programs to 
be carried out should be established locally;
  The amendment maintains the ability of the Governors to get involved 
in this area, but will require them to do some work to get the money 
from the Appropriations Committees;
  The amendment creates a clearly defined separate program, which will 
be easier to monitor and oversee and less subject to abuse;
  The amendment increases the overall amount of money for the program.
  The Barrett amendment restores the Governors' money. Essentially 
reinserts the administration's original proposal, cutting the 
Governors' percentage from 30 percent to 20 percent and establishing a 
Governors' appointed board to help set policy and review programs. The 
amendment maintains a set-aside for drug abuse resistance education 
[DARE].
  This program has suffered declining appropriations--last year the 
basic grants were cut about $130 million, from $500 million to $370 
million, yet, we have added more programs for the schools to carry 
out--violence and crime prevention;
  We must concentrate these education funds--the only education funds 
for these purposes we authorize--in the schools and under local 
control, and we should not fund law enforcement or interdiction 
programs with education funds;
  The political compromise of 1988 which gave the Governors' a share is 
no longer viable, given the appropriations cuts and increased 
responsibilities;
  There have been complaints in the past that these funds have not 
supported education activities. Also, school districts have complained 
that activities funded have been dictated from the top down, and have 
not put the scarce resources where the local folks thought they were 
needed. Also, there have been instances where the programs funded have 
been ideologically or politically driven;
  The Governor-controlled board does not mean that these funds will 
support educational activities or locally determined needs;
  The Governors have never testified for appropriations for this 
program; they have taken a free ride from education advocates;
  There are other sources the Governors could use for these programs, 
such as community service block grants or Justice Department funds; and
  The committee language may mean more DARE programs, established 
through local efforts and cooperation. The set-aside has essentially 
become a ceiling.
  The Kildee amendment to Mr. Owens amendment would reinstate a 10-
percent set-aside of funds appropriated under the new authorization for 
the Drug Abuse Resistance Education Program [DARE]. The DARE Program is 
a very popular program involving police officers visiting schools to 
warn and educate children about drug and alcohol abuse.
  The amendment would protect this very popular program, which teaches 
children not only about the physical dangers of drug and alcohol abuse 
but about the legal consequences;
  This is the program under the Governor's discretionary funding which 
has received the most support from communities and schools, and we want 
to continue it;
  This is the program most Members have had brought to their attention 
when they have been asked to support Mr. Barrett's proposal to 
reinstate a set-aside for the Governor's share. This amendment protects 
this program without going so far as to reinstate noneducational 
Governor's activities.
  Mr. CASTLE. Mr. Chairman, I move to strike the requisite number of 
words.
  Mr. Chairman, I appreciate the comments of the chairman of the 
Committee on Education and Labor, and I tend to agree with him on 
certain things he said. One of the things is we tend to spend a lot of 
money on drugs. I would hope that all of us are aware that we probably 
spend much more money on drugs than we need to in terms of the 
efficiency and return that we get for our dollars with respect to drug 
programs.
  In my time as Governor of the State of Delaware, I saw the program 
which is supported in the Barrett-Roehmer amendment to restore 20 
percent of the Governor's funds in a State. I saw it work as 
effectively as any drug program that has ever been devised out there, 
what is a very difficult program. I hope we can demonstrate that today.
  We have recently heard that illicit drug use is on the rise. We all 
know that a student could walk into virtually any school in the country 
and purchase drugs if he or she so chooses. The problem is severe and 
its effects are widespread.
  I know and have seen the effectiveness of community-based programs in 
combating the prevalence of substance abuse. For example, in Delaware, 
the Office of Prevention in the Department of Services for children, 
youth, and their families is charged with receiving and planning the 
$450,000 in Federal funds for community-based prevention in our State.
  These funds have supported many innovative and successful programs 
such as the Wilmington Cluster Against Substance Abuse, Village Criers, 
the Delaware Prevention Forum, Families and Schools Together, to name a 
few. These funds have also resulted in computer tutorials, and an 
information and referral hotline in our State. In short, without the 
drug-free and community schools funding, these programs will be forced 
to shut down.
  By removing the funds from the States and sending them directly to 
the schools, we are sacrificing programming that is critical to 
preventing violence, alcohol, and other drug abuse, and a host of other 
societal ills. For example, the Office of Prevention in the State of 
Delaware reports that by breaking up the funding into much smaller 
portions, the ability to plan and coordinate services in the State is 
destroyed.
  Furthermore, State and community-wide prevention efforts will become 
virtually impossible to achieve because the funds appropriated to each 
school will be few and the administrative time and specialized 
expertise in working with and supporting community-based organizations 
is often times not available. Schools are challenged every day with the 
difficult task of educating our children. They certainly should devote 
energies to other afflictions a student may have, but schools were not 
designed, are not equipped, and cannot transform into 100 percent 
effective treatment centers.
  The original amendment that passed in committee to strike the 
Governors funds was crafted under the false premise that the particular 
State agencies that establish the community programs were acting 
independently of our schools. In the State of Delaware, and other 
States around that Nation, this is not the case. We work directly with 
our schools to ensure that their needs are being met.
  Mr. Chairman, if Congress is indeed committed of fighting the war on 
drugs prevention must remain a priority. Now is not the time to shoot 
ourselves in the feet by striking a provision and a program that has 
fostered positive, widespread results. It is simply too big a 
sacrifice. I urge my colleagues to support the Barrett-Roemer 
amendment.

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