[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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