[Congressional Record Volume 140, Number 32 (Monday, March 21, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: March 21, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                IMPROVING AMERICA'S SCHOOLS ACT OF 1994

  The SPEAKER pro tempore. Pursuant to House Resolution 366 and rule 
XXIII, the Chair declares the House in the Committee of the Whole House 
on the State of the Union for the further consideration of the Bill, 
H.R. 6.

                              {time}  1433


                     in the committee of the whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the State of the Union for the further consideration of 
the bill (H.R. 6) to extend for 6 years the authorizations of 
appropriations for the programs under the Elementary and Secondary 
Education Act of 1965, and for certain other purposes, with Mr. Price 
of North Carolina in the chair.
  The Clerk read the title of the bill.
  The CHAIRMAN. When the Committee of the Whole rose on Wednesday, 
March 9, 1994, title V of the proposed Elementary and Secondary 
Education Act had been designated and is now open for amendment.
  Mr. GOODLING. Mr. Chairman, I move to strike the last word.
  (Mr. GOODLING asked and was given permission to revise and extend his 
remarks.)
  Mr. GOODLING. Mr. Chairman, I take this time to indicate to all of my 
colleagues that H.R. 6 is to extend for 5 years the authorization of 
appropriations for the programs under the Elementary and Secondary 
Education Act of 1965. That is the purpose of the Elementary and 
Secondary Education Act. I repeat that just so we do not get into the 
business of trying to reform all the school districts out there the way 
we think they would be reformed.
  As I said, each time when we start this discussion it is just as 
wrong from my side of the aisle as from the other side of the aisle to 
micromanage school districts unless we are sending all the funds.
  The CHAIRMAN. Are there amendments to title V?


               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 456, strike line 5 and all that follows through line 15 
     on page 458 (and redesignate the subsequent parts 
     accordingly).

  (Mr. MILLER of Florida asked and was given permission to revise and 
extend his remarks.)
  Mr. MILLER of Florida. Mr. Chairman, the gentleman from Ohio [Mr. 
Boehner] and I have been offering a series of amendments to cut some 
spending in this particular H.R. 6 bill.
  Mr. Chairman, as we continue debate on H.R. 6, Mr. Boehner and I have 
focused on trying to bring some semblance of fiscal sanity to this 
Chamber, and to maintain some minimum level of autonomy for State and 
local officials to make the education decisions best suited for their 
unique circumstances.
  And, here we go again. The technical assistance for funding 
equalization is another small, new spending program totaling $8 million 
for fiscal year 1995, intended to promote funding equalization on the 
State level. This spending is unnecessary. Not one cent of this $8 
million will ever reach a student. It will only go to feed the 
education bureaucracy.
  This program is based on the questionable assumption that equality of 
resources is somehow the key to solving our education problems in 
America. If pouring more money into education funding was the key to 
solving all our problems, we would not be debating this issue today. 
Unlike some Members of this body, I do not believe that Federal 
spending, per se, is the magical solution to improved education. As a 
nation, we are already spending more on the education of our children 
than our competitors with too few results to show for it.
  We simply cannot afford to keep spending money we don't have.
  Also, there is a presumption here that the States somehow need the 
Federal Government to teach them what is in their best interests. State 
and local education officials, and more importantly parents, disagree. 
They do not want important questions, such as funding equalization, 
determined by politicians and bureaucrats in Washington. In truth, 
nearly half of the States have already developed funding equity 
solutions without federal micromanaging. This program gets the Federal 
Government involved in an issue it has no business being involved in.
  Before we attempt to get more involved in an issue that I believe is 
best left to States and parents, let's get our own fiscal house in 
order. We can start by passing the Boehner amendment, and eliminating 
another poorly thoughtout program from H.R. 6.
  Mr. KILDEE. Mr. Chairman, will the gentleman yield?
  Mr. MILLER of Florida. I yield to the gentleman from Michigan.
  Mr. KILDEE. I thank the gentleman for yielding.
  Mr. Chairman, we have read the amendment offered by the gentleman 
from Florida, and we accept his amendment.
  Mr. BOEHNER. Mr. Chairman, I rise today to offer an amendment to 
eliminate an $8 million program which would give technical assistance 
to States and school districts so they can try to equalize their 
funding.
  Let us look closely at what this program does. It provides for 
centers, conferences, and expert advice on finance equalization, 
research and analysis of school funding equity, and the development and 
dissemination of school finance models.
  I must ask, should this be a Federal priority at all? Nearly half of 
the States have already undergone funding equity challenges and have 
been able to craft their own solutions without Federal help. This 
program is another Federal venture into an area better left to the 
States and is unneeded.
  In addition, with this program, we are again looking at a situation 
where we are disrupting our focus and getting away from programs which 
would actually have an impact on the vast majority of American 
children. Let me ask, are we willing to take money away from title I to 
pay the bureaucrats called for in this program? Are we willing to take 
money away from chapter 2 or professional development? Do we really 
need to spend our resources on this program? Do we really want to say 
this is a Federal priority? The honest answer to these questions is 
``no.''
  I have argued throughout the consideration of this bill that we 
cannot have small targeted programs interfering with larger programs 
aimed at broad national educational concerns. This program is a small, 
targeted program and should be eliminated.
  On a final note, I cannot help but think that the better way to help 
schools have adequate funding is to funnel this money directly to the 
students, instead of wasting it on bureaucrats.
  I urge adoption of this amendment.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Florida [Mr. Miller].
  The amendment was agreed to.


                Amendment Offered by Mrs. Mink of Hawaii

  Mrs. MINK of Hawaii. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mrs. Mink of Hawaii: Page 458, after 
     line 10, insert the following:

     SEC 5202. STATISTICAL AND POLICY ANALYSIS.

       ``(a) National Center For Education Statistics.--The 
     National Center for Education Statistics (established under 
     section 403 of the Improving America's Schools Act of 1994) 
     using standard statistical methods, shall conduct analysis of 
     issues such as--
       ``(1) Federal policy issues regarding educational access 
     and equity;
       ``(2) spending inequities at the State and local levels and 
     alternative mechanisms for financing:
       ``(3) the ability and willingness of States and local 
     educational agencies to generate new revenue sources for 
     education;
       ``(4) the effect of Federal education assistance on the 
     equalization of education funding at the State and local 
     levels;
       ``(5) the effects of school finance equalization on the 
     quality of education;
       ``(6) the costs in providing education to students with 
     special needs;
       ``(7) the effects of high and low population density on 
     education needs and costs;
       ``(8) the effects of different teacher compensation 
     policies on costs of providing education services;
       ``(9) relationships among expenditures, the quality and 
     quantity of instruction, and the different backgrounds of 
     students; and
       ``(10) how legislation and judicial decisions regarding 
     school finance programs affect education and equalization of 
     funding.
       ``(b) Data and Information.--In addition to the issues 
     reviewed in subsection (a), the National Center for Education 
     Statistics may utilize data and information which includes--
       ``(1) sources of revenue and types of taxes;
       ``(2) tax assessment rates and ability of the State or 
     local educational agency to generate additional revenues;
       ``(3) the cost of providing services to students with 
     different abilities and needs; and
       ``(4) student enrollment, per pupil expenditures, and 
     average daily attendance figures.

     SEC. 5203. STUDY OF EDUCATIONAL EQUITY.

       ``(a) Study.--The Secretary shall enter into appropriate 
     arrangements with the National Academy of Sciences to conduct 
     an indepth study of school finance. The study by the National 
     Academy of Sciences shall include the following:
       ``(1) Review Federal policy issues regarding educational 
     access and equity with respect to fiscal and educational 
     resources.
       ``(2) Review existing State and local systems and evaluate 
     alternative mechanisms for school financing programs with 
     regard to equity and adequacy.
       ``(3) Review the legal and constitutional context of school 
     finance and equalization programs.
       ``(4) Evaluate the costs of providing education to students 
     with special needs.
       ``(5) Evaluate the costs entailed in providing education 
     that promotes the student outcomes called for in the National 
     Education Goals.
       ``(6) Review the relationships between resources, 
     instruction and children's learning needs, explore a variety 
     of indicators of need, how to measure need, and how to link 
     need to expenditure, and develop illustrative indicators of 
     student achievement and other desired outcomes that might 
     clarify the relationship between education expenditures, the 
     quality and quantity of instruction and resources available, 
     and the background characteristics of students.
       ``(7) Propose funding models for States and local 
     educational agencies to consider and explicate the conceptual 
     framework of each approach with regard to tax policy, equity, 
     compensatory aid to populations with special needs, and a 
     performance-oriented education policy.
       ``(b) Interim Report.--(1) The National Academy of Sciences 
     shall prepare and submit to the Secretary and the Congress an 
     interim report not later than 24 months after the procurement 
     is made and a final report not later than 36 months after the 
     date of procurement. The interim report shall--
       ``(A) review the data collection design prepared by the 
     Secretary and any preliminary data on the current state of 
     education finance; and
       ``(B) communicate appropriate findings to date.
       ``(2) The final report shall--
       ``(A) provide a comprehensive analysis of education finance 
     structures and the legal context of school finance;
       ``(B) provide guidance on the resources that will be needed 
     at the school district, and State level to implement reform 
     plans and meet the National Education Goals;
       ``(C) bring together the best thinking on equity and 
     adequacy as philosophical underpinnings of education finance 
     systems; and
       ``(D) propose and explicate a variety of funding models.''

     --Page 458, strike lines 11 through 15 and insert the 
     following:

     ``SEC 5205. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) Technical Assistance.--For the purpose of carrying 
     out sections 5201 and 5202, there are authorized to be 
     appropriated $8,000,000 for fiscal year 1995 and such sums as 
     may be necessary for each of the fiscal years 1996, 1997, 
     1998, and 1999.
       ``(b) National Academy of Sciences.--For the purpose of 
     carrying out section 5203, there are authorized to be 
     appropriated $3,865,000 to be available until expended.

  Mrs. MINK of Hawaii (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 gentlewoman 
from Hawaii?
  There was no objection.
  Mrs. MINK of Hawaii. Mr. Chairman, the amendment I offer seeks to 
provide detailed and accurate information on the status of education 
financing across the country. It authorizes the National Center for 
Educational Statistics to collect and analyze data on school finances 
and requires the National Academy of Sciences to conduct an in-depth 
study on school finance issues.
  Ensuring that all students have equal educational opportunities has 
always been a Federal priority and one of the greatest barriers to 
equity for many students is inadequate financing at a local level.
  Currently, there are 34 States that have or are currently facing a 
legal challenge to their education financing system on the grounds that 
it is inequitable. As of November 1993, the financing system of 12 
States have been ruled unconstitutional by a State supreme court. While 
the Federal Government has nothing to do with State school financing, 
it can play a significant role by assisting the States in developing 
adequate financing systems through data collection, analysis, and model 
development. Furthermore, many States are already moving toward 
equalizing education funding across school districts, as mandated by a 
court as part of systemwide school reform. However, this is not an easy 
task. States have been confronted with a host of legal, financial, and 
ethical issues.
  As States continue to grapple with these issues, the Federal 
Government can help by giving us a better idea of what the stages have 
been doing, what success has been arrived at, and how that has resulted 
comparability of educational services for all children.
  The National Center for Educational Statistics and the National 
Academy of Sciences are both well-respected institutions with the 
expertise and capability of collecting the necessary data, analyzing 
it, and putting forth a comprehensive study.
  I urge my colleagues to support this amendment to provide us with the 
data information and analysis and a comprehensive examination of the 
school finance issues which will be of enormous help to the States that 
have these problems.
  Mr. GOODLING. Mr. Chairman, I move to strike the last word, and I 
rise in opposition to the amendment.
  I hate to rise in opposition to the amendment of my dear friend, the 
gentlewoman from Hawaii [Mrs. Mink], but I do have some real concerns. 
I would hope the chairman would have hearings on this issue before we 
make this kind of an investment.
  There are some concerns which I have, with this amendment. For 
instance, the proposal really goes beyond research because we are 
asking them to make recommendations which could be setting policies in 
a way that represents a new and unwarranted Federal intrusion into the 
very heart of State and local control of education; that is, taxing and 
funding decisions.

                              {time}  1440

  The actions required by the amendment may be the foundation 
activities for involving the Federal Government in creating funding 
equity across the States, so I would hope that we could delay this and 
have hearings on the whole issue, and perhaps come back and not include 
it in this reauthorization.
  Mr. BOEHNER. Mr. Chairman, I rise in opposition to the amendment 
offered by the gentlewoman from Hawaii [Mrs. Mink].
  Mr. Chairman, this amendment offered by the gentlewoman from Hawaii 
adds a new part to the technical assistance for funding equity section 
for title V that will involve the National Center for Educational 
Statistics in collecting and analyzing data on this issue, and it 
creates a major study for funding of equity concerns, and I know the 
gentlewoman is sincere in offering this amendment, and she believes 
this data will help school districts and States around our country, but 
I have grave concerns that it is another mandate in this bill that 
takes away the focus of this bill and, more importantly, over 22 or 23 
States have already dealt with the issue of funding equity. I believe 
that the States are the right place to continue this problem in our 
education system, and there is no role for the Federal Government to 
play in it.
  Mr. KILDEE. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I think the gentlewoman from Hawaii [Mrs. Mink] has 
brought to us an area of very great interest to all of us, something 
that we have expressed interest in for the last few authorizations, and 
I would like to do this:
  I would like to have a hearing on this issue itself, and, if the 
gentlewoman, and I have talked to her, would be willing to withdraw 
this amendment, we would have hearings just on this one subject.
  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 is a matter not of concern 
necessarily to the Congress, but certainly to the 30-plus States that 
are in a situation of having their financial systems contested by local 
communities, and so it is a vital issue, and the Congress has addressed 
it on several occasions. But I understand the other side indicating 
that perhaps it would be meritorious to have hearings, and with the 
assurance of the chairman of our subcommittee that hearings will be 
called shortly, Mr. Chairman, I will agree to withdrawing my amendment.
  Mr. Chairman, I ask unanimous consent to withdraw my amendment.
  The CHAIRMAN. Is there objection to the request of the gentlewoman 
from Hawaii?
  There was no objection.
  The CHAIRMAN. The amendment is withdrawn.
  Are there further amendments to this title?
  If not, the Clerk will designate title VI.
  The text of title VI is as follows:
                      ``TITLE VI--INDIAN EDUCATION

     ``SEC. 6001. FINDINGS.

       ``The Congress finds that--
       ``(1) the Federal Government has a special responsibility 
     to ensure that educational programs for all American Indian 
     and Alaska Native children and adults--
       ``(A) are based on high-quality, internationally 
     competitive content and student performance standards and 
     build on Indian culture and the Indian community;
       ``(B) assist local educational agencies, Indian tribes, and 
     others in providing Indian students the opportunity to 
     achieve those standards; and
       ``(C) meet the special educational and culturally related 
     academic needs of American Indian and Alaska Native students;
       ``(2) since enactment of the original Indian Education Act 
     in 1972, Indian parents have become significantly more 
     involved in the planning, development, and implementation of 
     educational programs that affect them and their children, and 
     schools should continue to foster such involvement;
       ``(3) although the numbers of Indian teachers, 
     administrators, and university professors have increased 
     since 1972, teacher training programs are not recruiting, 
     training, or retraining sufficient numbers of Indian persons 
     as educators to meet the needs of a growing Indian student 
     population in elementary, secondary, vocational, adult, and 
     higher education;
       ``(4) the dropout rate for Indian students is unacceptably 
     high; for example, nine percent of Indian students who were 
     eighth graders in 1988 had already dropped out of school by 
     1990;
       ``(5) from 1980 to 1990, the percentage of Indian persons 
     living in poverty increased from 24 percent to 31 percent, 
     and the readiness of Indian children to learn is hampered by 
     the high incidence of poverty, unemployment, and health 
     problems among Indian children and families; and
       ``(6) research related specifically to the education of 
     Indian children and adults is very limited, and much of it is 
     poor in quality or focused on limited local or regional 
     issues.

     ``SEC. 6002. PURPOSE.

       ``(a) Purpose.--It is the purpose of this title to support 
     the efforts of local educational agencies, Indian tribes and 
     organizations, postsecondary institutions, and other entities 
     to meet the special educational and culturally related 
     academic needs of American Indians and Alaska Natives, so 
     that they can achieve to the same challenging State 
     performance standards expected of all students.
       ``(b) Programs Authorized.--This title carries out the 
     purpose described in subsection (a) by authorizing programs 
     of direct assistance for--
       ``(1) meeting the special educational and culturally 
     related academic needs of American Indians and Alaska 
     Natives;
       ``(2) the education of Indian children and adults;
       ``(3) the training of Indian persons as educators and 
     counselors, and in other professions serving Indian people; 
     and
       ``(4) research, evaluation, data collection, and technical 
     assistance.

         ``PART A--FORMULA GRANTS TO LOCAL EDUCATIONAL AGENCIES

     ``SEC. 6101. PURPOSE.

       ``It is the purpose of this part to support local 
     educational agencies in their efforts to reform elementary 
     and secondary school programs that serve Indian students in 
     order to ensure that such programs--
       ``(1) are based on challenging State content and student 
     performance standards that are used for all students; and
       ``(2) are designed to assist Indian students meet those 
     standards and assist the Nation in reaching the National 
     Education Goals.

     ``SEC. 6102. GRANTS TO LOCAL EDUCATIONAL AGENCIES.

       ``A local educational agency is eligible for a grant under 
     this part for any fiscal year if the number of Indian 
     children who were enrolled in the schools of the agency, and 
     to whom the agency provided free public education, during the 
     preceding fiscal year--
       ``(1) was at least 20; or
       ``(2) constituted not less than 25 percent of the agency's 
     total enrollment.

     ``SEC. 6103. AMOUNT OF GRANTS.

       ``(a) Amount of Grants.--(1) The Secretary is authorized to 
     allocate to each local educational agency which has an 
     approved application under this part an amount equal to the 
     product of--
       ``(A) the number of Indian children described in section 
     6106; and
       ``(B) the greater of--
       ``(i) the average per-pupil expenditure of the State in 
     which the agency is located; or
       ``(ii) 80 percent of the average per-pupil expenditure in 
     the United States.
       ``(2) The Secretary shall reduce the amount of each 
     allocation determined under paragraph (1) in accordance with 
     subsection (e) of this section.
       ``(b) Minimum Grant Amount.--The Secretary shall not make a 
     grant to a local educational agency if the amount determined 
     under subsection (a) is less than $4,000, except that the 
     Secretary may make a grant to a consortium of local 
     educational agencies, one or more of which does not qualify 
     for such a minimum award, if--
       ``(1) the total amount so determined for such agencies is 
     not less than $4,000;
       ``(2) such agencies, in the aggregate, meet the eligibility 
     requirement of either section 6102(1) or 6102(2); and
       ``(3) the Secretary determines that such a grant would be 
     effectively used to carry out the purpose of this part.
       ``(c) Definition.--For the purpose of this section, the 
     average per-pupil expenditure of a State is determined by 
     dividing--
       ``(1) the aggregate current expenditures of all the local 
     educational agencies in the State, plus any direct current 
     expenditures by the State for the operation of such agencies, 
     without regard to the sources of funds from which such local 
     or State expenditures were made, during the second fiscal 
     year preceding the fiscal year for which the computation is 
     made; by
       ``(2) the aggregate number of children who were in average 
     daily attendance for whom such agencies provided free public 
     education during such preceding fiscal year.
       ``(d) Schools Operated or Supported by the Bureau of Indian 
     Affairs.--(1) In addition to the grants determined under 
     subsection (a), the Secretary shall allocate to the Secretary 
     of the Interior an amount equal to the product of--
       ``(A) the total number of Indian children enrolled in 
     schools that are operated by--
       ``(i) the Bureau of Indian Affairs; or
       ``(ii) an Indian tribe, or an organization controlled or 
     sanctioned by an Indian tribal government, for the children 
     of that tribe under a contract with, or grant from, the 
     Department of the Interior under the Indian Self-
     Determination Act (25 U.S.C. 450f et seq.) or the Tribally 
     Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.); and
       ``(B) the greater of--
       ``(i) the average per-pupil expenditure of the State in 
     which the school is located; or
       ``(ii) 80 percent of the average per-pupil expenditure in 
     the United States.
       ``(2) The Secretary shall transfer the amount determined 
     under paragraph (1), reduced as may be necessary under 
     subsection (e), to the Secretary of the Interior in 
     accordance with, and subject to, section 9205 of this Act.
       ``(e) Ratable Reductions.--If the sums appropriated for any 
     fiscal year under section 6602(a) are insufficient to pay in 
     full the amounts determined for local educational agencies 
     under subsection (a)(1) and for the Secretary of the Interior 
     under subsection (d), each of those amounts shall be ratably 
     reduced.

     ``SEC. 6104. APPLICATIONS.

       ``(a) General.--Any local educational agency that desires 
     to receive a grant under this part shall submit an 
     application to the Secretary at such time, in such manner, 
     and containing such information as the Secretary may 
     reasonably require.
       ``(b) Comprehensive Program Required.--Each such 
     application shall include a comprehensive program for meeting 
     the needs of Indian children in the local educational agency, 
     including their language and cultural needs, that--
       ``(1) provides programs and activities to meet the 
     culturally related academic needs of American Indian and 
     Alaska Native students,
       ``(2)(A) is consistent with, and promotes the goals in, the 
     State and local plans, either approved or being developed, 
     under title III of the Goals 2000: Educate America Act or, if 
     such plans are not approved or being developed, with the 
     State and local plans under sections 1111 and 1112 of this 
     Act; and
       ``(B) includes academic content and student performance 
     goals for such children, and benchmarks for attaining them, 
     that are based on the challenging State standards adopted 
     under title III of the Goals 2000: Educate America Act or 
     under title I of this Act for all children;
       ``(3) explains how Federal, State, and local programs, 
     especially under title I of this Act, will meet the needs of 
     such students;
       ``(4) demonstrates how funds under this part will be used 
     for activities authorized by section 6105;
       ``(5) describes the professional development to be 
     provided, as needed, to ensure that--
       ``(A) teachers and other school professionals who are new 
     to the Indian community are prepared to work with Indian 
     children; and
       ``(B) all teachers who will be involved in the project have 
     been properly trained to carry it out; and
       ``(6) describes how the agency--
       ``(A) will periodically assess the progress of all Indian 
     children in its schools, including Indian children who do not 
     participate in programs under this part, in meeting the goals 
     described in paragraph (2);
       ``(B) will provide the results of that assessment to the 
     parent committee described in subsection (c)(6) and to the 
     community served by the agency; and
       ``(C) is responding to findings of any previous such 
     assessments.
       ``(c) Assurances.--Each such application shall also include 
     assurances that--
       ``(1) the local educational agency will use funds received 
     under this part only to supplement the level of funds that, 
     in the absence of such Federal funds, the agency would make 
     available for the education of Indian children, and not to 
     supplant such funds;
       ``(2) the local educational agency will submit such reports 
     to the Secretary, in such form and containing such 
     information, as the Secretary may require to--
       ``(A) carry out the Secretary's functions under this part; 
     and
       ``(B) determine the extent to which funds provided under 
     this part have been effective in improving the educational 
     achievement of Indian students in the local educational 
     agency;
       ``(3) the program for which assistance is sought has been 
     based upon a local assessment and prioritization of the 
     special educational and culturally related academic needs of 
     the American Indian and Alaska Native students for which the 
     local educational agency is providing an education;
       ``(4) the program for which assistance is sought will use 
     the best available talents and resources, including persons 
     from the Indian community;
       ``(5) the local educational agency has developed the 
     program in open consultation with parents of Indian children, 
     teachers, and, where appropriate, secondary school Indian 
     students, including holding public hearings at which such 
     persons have had a full opportunity to understand the program 
     and to offer recommendations regarding such program;
       ``(6) the local educational agency has developed the 
     program with the participation and written approval of a 
     committee--
       ``(A) that is composed of, and selected by, parents of 
     Indian children in the local educational agency's schools, 
     teachers, and, where appropriate, secondary school Indian 
     students and of which at least half the members are such 
     parent;
       ``(B) that sets forth such policies and procedures, 
     including policies and procedures relating to the hiring of 
     personnel, as will ensure that the program for which 
     assistance is sought will be operated and evaluated in 
     consultation with, and with the involvement of, parents of 
     the children and representatives of the area to be served; 
     and
       ``(C) that, in the case of an application which includes a 
     schoolwide project (as specified in section 6105(c) of this 
     part) finds that such project will not diminish the 
     availability of culturally related activities for American 
     Indians and Alaskan Native students; and
       ``(D) that adopts and abides by reasonable bylaws for the 
     conduct of the activities of the committee.
       ``(d) State Educational Agency Review.--(1) Before 
     submitting its application to the Secretary, the local 
     educational agency shall obtain comments on the application 
     from the State educational agency.
       ``(2) The local educational agency shall send the State 
     educational agency's comments to the Secretary with its 
     application.

     ``SEC. 6105. AUTHORIZED SERVICES AND ACTIVITIES.

       ``(a) General Requirements.--Each local educational agency 
     that receives a grant under this part shall use the grant 
     funds for services and activities, consistent with the 
     purpose of this part, that--
       ``(1) are designed to carry out its comprehensive plan for 
     Indian students, described in its application under section 
     6104(b);
       ``(2) are designed with special regard for the language and 
     cultural needs of those students; and
       ``(3) supplement and enrich the regular school program.
       ``(b) Particular Activities.--Such services and activities 
     include--
       ``(1) culturally related activities which support the 
     program set out in the application, as required in section 
     6104;
       ``(2) early childhood and family programs that emphasize 
     school readiness;
       ``(3) enrichment programs that focus on problem-solving and 
     cognitive skills development and that directly support the 
     attainment of challenging State content and student 
     performance standards;
       ``(4) integrated educational services in combination with 
     other programs meeting similar needs;
       ``(5) school-to-work transition activities to enable Indian 
     students to participate in programs such as those supported 
     by the School-to-Work Opportunities Act of 1993 and the Carl 
     D. Perkins Vocational and Applied Technology Education Act, 
     including tech-prep, mentoring, and apprenticeship programs;
       ``(6) prevention of, and education about, substance abuse; 
     and
       ``(7) acquisition of equipment, but only if such 
     acquisition is essential to meet the purpose of this part.
       ``(c) Schoolwide Programs.--Notwithstanding any other 
     provision of this part, a local educational agency may use 
     funds it receives under this part to support a schoolwide 
     program under section 1114 of title I of this Act, in 
     accordance with such section, if the Secretary determines 
     that the local educational agency has made adequate provision 
     for the participation of Indian children in such project and 
     the involvement of Indian parents in the formulation of such 
     project.

     ``SEC. 6106. STUDENT ELIGIBILITY FORMS.

       ``(a) The Secretary shall require that each application for 
     a grant under this subpart for each fiscal year be supported 
     by a form, maintained in the files of the applicant, for each 
     eligible Indian child for whom the local educational agency 
     is providing free public education that sets forth 
     information establishing the status of the child as an 
     eligible Indian child.
       ``(b) The Secretary shall request on the form required 
     under subsection (a) at least the following information:
       ``(1) either--
       ``(A) the name of the tribe, band, or other organized group 
     of Indians with which the child claims membership, along with 
     the enrollment number establishing membership (if readily 
     available), and the name and address of the organization 
     which has updated and accurate membership data for such 
     tribe, band, or other organized group of Indians, or
       ``(B) if the child is not a member of a tribe, band, or 
     other organized group of Indians, the name, the enrollment 
     number (if readily available), and the organization (and 
     address thereof) responsible for maintaining updated and 
     accurate membership rolls of any of the child's parents or 
     grandparents, from whom the child claims eligibility;
       ``(2) whether the tribe, band, or other organized group of 
     Indians with which the child, his parents, or grandparents 
     claim membership is federally recognized;
       ``(3) the name and address of the parent or legal guardian;
       ``(4) the signature of the parent or legal guardian 
     verifying the accuracy of the information supplied; and
       ``(5) any other information which the Secretary deems 
     necessary to provide an accurate program profile.
       ``(c) Nothing in the requirements of subsection (b) may be 
     construed as affecting the definition set forth in section 
     6601. In order for a child to be counted in computing the 
     local educational agency's grant award, the eligibility form 
     for the child must contain at a minimum--
       ``(1) the child's name;
       ``(2) the name of the tribe, band, or other organized group 
     of Indians; and
       ``(3) the parent's dated signature.

     The failure of an applicant to furnish any other information 
     listed in subsection (b) with respect to any child shall have 
     no bearing on the determination of whether the child is an 
     eligible Indian child.
       ``(d) The forms and the standards of proof (including the 
     standard of good faith compliance) that were in use during 
     the 1985-1986 academic year to establish a child's 
     eligibility for entitlement under the Indian Elementary and 
     Secondary School Assistance Act shall be the only forms and 
     standards of proof used to establish such eligibility and to 
     meet the requirements of subsection (a).
       ``(e) For purposes of determining whether a child is an 
     eligible Indian child, the membership of the child, or any 
     parent or grandparent of the child, in a tribe, band, or 
     other organized group of Indians may be established by proof 
     other than an enrollment number, even if enrollment numbers 
     for members of such tribe, band, or groups are available. 
     Nothing in subsection (b) may be construed as requiring the 
     furnishing of enrollment numbers.
       ``(f)(1)(A) The Secretary shall establish a method of 
     auditing, on an annual basis, a sample of not less than one-
     fourth of the total number of local educational agencies 
     receiving funds under this part and shall submit to the 
     Congress an annual report on the findings of the audits.
       ``(B) For purposes of an audit conducted by the Federal 
     Government with respect to funds provided under this part, 
     all procedures, practices, and policies that are established 
     by--
       ``(i) the Office of Indian Education of the Department of 
     Education, or
       ``(ii) a grantee under this subpart who, in establishing 
     such procedures, practices, and policies, was acting under 
     the direction of any employee of such Office that is 
     authorized by the Director of such Office to provide such 
     direction,

     shall, with respect to the period beginning on the date of 
     the establishment of such procedures, practices, and 
     policies, and ending on the date (if any) on which the 
     Director of such Office revokes authorization for such 
     procedures, practices, and policies, be considered 
     appropriate and acceptable procedures, practices, and 
     policies which are in conformity with Federal law.
       ``(C) A local educational agency may not be held liable to 
     the United States, or be otherwise penalized, by reason of 
     the findings of an audit that relate to the date of 
     completion, or the date of submission, of any forms used to 
     establish, before April 28, 1988, a child's eligibility for 
     entitlement under the Indian Elementary and Secondary School 
     Assistance Act.
       ``(2) Any local educational agency that provides false 
     information in the application for a grant under this subpart 
     shall be ineligible to apply for any other grants under this 
     part and shall be liable to the United States for any funds 
     provided under this part that have not been expended.
       ``(3) Any student who provides false information on the 
     form required under subsection (d)(1) may not be taken into 
     account in determining the amount of any grant under this 
     part.
       ``(g) For purposes of distribution of funds under this Act 
     to schools funded by the Bureau of Indian Affairs, the 
     Secretary shall use the count of the number of students in 
     each such school funded under the Indian Student Equalization 
     Formula developed pursuant to section 1128 of Public Law 95-
     561, in lieu of the requirements of this section.

     ``SEC. 6107. PAYMENTS.

       ``(a) General.--The Secretary shall pay each local 
     educational agency with an application approved under this 
     part the amount determined under section 6103, subject to 
     subsections (b) and (c) of this section and shall notify such 
     local educational agency of the amount no later than June 1 
     of the year in which the grant will be paid.
       ``(b) Payments Taken Into Account by the State.--The 
     Secretary shall not make a grant under this part for any 
     fiscal year to any local educational agency in a State that 
     has taken into consideration payments under this part (or 
     under subpart 1 of the Indian Education Act of 1988) in 
     determining the eligibility of the local educational agency 
     for State aid, or the amount of that aid, with respect to the 
     free public education of children during that year or the 
     preceding fiscal year.
       ``(c) Reduction of Payment for Failure To Maintain Fiscal 
     Effort.--(1) The Secretary shall not pay any local 
     educational agency the full amount determined under section 
     6103 for any fiscal year unless the State educational agency 
     notifies the Secretary, and the Secretary determines, that 
     the combined fiscal effort of that local agency and the State 
     with respect to the provision of free public education by 
     such local agency for the preceding fiscal year, computed on 
     either a per-student or aggregate expenditure basis, was not 
     less than 90 percent of such combined fiscal effort, computed 
     on the same basis, for the second preceding fiscal year.
       ``(2) If the Secretary determines for any fiscal year that 
     a local educational agency failed to maintain its fiscal 
     effort at the 90 percent level required by paragraph (1), the 
     Secretary shall--
       ``(A) reduce the amount of the grant that would otherwise 
     be made to the agency under this part in the exact proportion 
     of such agency's failure to maintain its fiscal effort at 
     such level; and
       ``(B) not use the reduced amount of the agency's 
     expenditures for the preceding year to determine compliance 
     with paragraph (1) for any succeeding fiscal year, but shall 
     use the amount of expenditures that would have been required 
     to comply with paragraph (1).
       ``(3)(A) The Secretary may waive the requirement of 
     paragraph (1), for not more than one year at a time, if the 
     Secretary determines that the failure to comply with such 
     requirement is due to exceptional or uncontrollable 
     circumstances, such as a natural disaster or a precipitous 
     and unforeseen decline in the agency's financial resources.
       ``(B) The Secretary shall not use the reduced amount of 
     such agency's expenditures for the fiscal year preceding the 
     fiscal year for which a waiver is granted to determine 
     compliance with paragraph (1) for any succeeding fiscal year, 
     but shall use the amount of expenditures that would have been 
     required to comply with paragraph (1) in the absence of the 
     waiver.
       ``(d) Reallocations.--The Secretary may reallocate, in the 
     manner the Secretary determines will best carry out the 
     purpose of this part, any amounts that--
       ``(1) based on estimates by local educational agencies or 
     other information, will not be needed by such agencies to 
     carry out their approved projects under this part; or
       ``(2) otherwise become available for reallocation under 
     this part.

    ``PART B--SPECIAL PROGRAMS AND PROJECTS TO IMPROVE EDUCATIONAL 
                   OPPORTUNITIES FOR INDIAN CHILDREN

     ``SEC. 6201. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR 
                   INDIAN CHILDREN.

       ``(a) In General.--The Secretary shall carry out a program 
     of making grants for the improvement of educational 
     opportunities for Indian children--
       ``(1) to support planning, pilot, and demonstration 
     projects, in accordance with subsection (b), which are 
     designed to test and demonstrate the effectiveness of 
     programs for improving educational opportunities for Indian 
     children;
       ``(2) to assist in the establishment and operation of 
     programs, in accordance with subsection (c), which are 
     designed to stimulate--
       ``(A) the provision of educational services not available 
     to Indian children in sufficient quantity or quality, and
       ``(B) the development and establishment of exemplary 
     educational programs to serve as models for regular school 
     programs in which Indian children are educated;
       ``(3) to assist in the establishment and operation of 
     preservice and inservice training programs, in accordance 
     with subsection (d), for persons serving Indian children as 
     educational personnel; and
       ``(4) to encourage the dissemination of information and 
     materials relating to, and the evaluation of the 
     effectiveness of, education programs which may offer 
     educational opportunities to Indian children.
       ``(b) Demonstration Projects.--The Secretary is authorized 
     to make grants to State and local educational agencies, 
     federally supported elementary and secondary schools for 
     Indian children and to Indian tribes, Indian organizations, 
     and Indian institutions to support planning, pilot, and 
     demonstration projects which are designed to plan for, and 
     test and demonstrate the effectiveness of, programs for 
     improving educational opportunities for Indian children, 
     including--
       ``(1) innovative programs related to the educational needs 
     of educationally deprived children;
       ``(2) bilingual and bicultural education programs and 
     projects;
       ``(3) special health and nutrition services and other 
     related activities which meet the special health, social, and 
     psychological problems of Indian children; and
       ``(4) coordination of the operation of other federally 
     assisted programs which may be used to assist in meeting the 
     needs of such children.
       ``(c) Services and Programs To Improve Educational 
     Opportunities.--
       ``(1) The Secretary is authorized to make grants to State 
     and local educational agencies and to tribal and other Indian 
     community organizations to assist them in developing and 
     establishing educational services and programs specifically 
     designed to improve educational opportunities for Indian 
     children. Such grants may be used--
       ``(A) to provide educational services not available to such 
     children in sufficient quantity or quality, including--
       ``(i) remedial and compensatory instruction, school health, 
     physical education, psychological, and other services 
     designed to assist and encourage Indian children to enter, 
     remain in, or reenter elementary or secondary school;
       ``(ii) comprehensive academic and vocational instruction;
       ``(iii) instructional materials (such as library books, 
     textbooks, and other printed, published, or audiovisual 
     materials) and equipment;
       ``(iv) comprehensive guidance, counseling, mentoring, and 
     testing services;
       ``(v) special education programs for disabled and gifted 
     and talented Indian children;
       ``(vi) early childhood programs, including kindergarten;
       ``(vii) bilingual and bicultural education programs; and
       ``(viii) other services which meet the purposes of this 
     subsection; and
       ``(B) to establish and operate exemplary and innovative 
     educational programs and centers, involving new educational 
     approaches, methods, and techniques designed to enrich 
     programs of elementary and secondary education for Indian 
     children.
       ``(2) In addition to the grants provided under paragraph 
     (1), the Secretary is authorized to provide grants to 
     consortia of Indian tribes or tribal organizations, local 
     educational agencies, and institutions of higher education 
     for the purpose of developing, improving, and implementing a 
     program of--
       ``(A) encouraging Indian students to acquire a higher 
     education, and
       ``(B) reducing the incidence of dropouts among elementary 
     and secondary school students.
       ``(d) Training.--
       ``(1) The Secretary is authorized to make grants to 
     institutions of higher education and to State and local 
     educational agencies, in combination with institutions of 
     higher education, for carrying out programs and projects--
       ``(A) to prepare persons to serve Indian students as 
     teachers, administrators, teacher aides, social workers, and 
     ancillary educational personnel; and
       ``(B) to improve the qualifications of such persons who are 
     serving Indian students in such capacities.
       ``(2) Grants made under this subsection may be used for the 
     establishment of fellowship programs leading to an advanced 
     degree, for institutes and, as part of a continuing program, 
     for seminars, symposia, workshops, and conferences.
       ``(3) In programs funded by grants authorized under this 
     subsection, preference shall be given to the training of 
     Indians.
       ``(4) In making grants under this subsection, the Secretary 
     shall consider prior performance and may not limit 
     eligibility on the basis of the number of previous grants or 
     the length of time for which the applicant has received 
     grants.
       ``(d) Applications for Grants.--
       ``(1) Applications for a grant under this section shall be 
     submitted at such time, in such manner, and shall contain 
     such information, and shall be consistent with such criteria, 
     as may be required under regulations prescribed by the 
     Secretary. Such applications shall--
       ``(A) set forth a statement describing the activities for 
     which assistance is sought;
       ``(B) in the case of an application for a grant under 
     subsection (c)--
       ``(i) subject to such criteria as the Secretary shall 
     prescribe, provide for--

       ``(I) the use of funds available under this section, and
       ``(II) the coordination of other resources available to the 
     applicant,

     in order to ensure that, within the scope of the purpose of 
     the project, there will be a comprehensive program to achieve 
     the purposes of this section, and
       ``(ii) provide for the training of personnel participating 
     in the project; and
       ``(C) provide for an evaluation of the effectiveness of the 
     project in achieving its purpose and the purposes of this 
     section.
       ``(2)(A) The Secretary may approve an application for a 
     grant under subsection (b) or (c) only if the Secretary is 
     satisfied that such application, and any document submitted 
     with respect thereto--
       ``(i) demonstrate that--
       ``(I) there has been adequate participation by the parents 
     of the children to be served and tribal communities in the 
     planning and development of the project, and
       ``(II) there will be such participation in the operation 
     and evaluation of the project, and
       ``(ii) provide for the participation, on an equitable 
     basis, of eligible Indian children--
       ``(I) who reside in the area to be served,
       ``(II) who are enrolled in private nonprofit elementary and 
     secondary schools, and
       ``(III) whose needs are of the type which the program is 
     intended to meet,
     to the extent consistent with the number of such children.
       ``(B) In approving applications under this section, the 
     Secretary shall give priority to applications from Indian 
     educational agencies, organizations, and institutions.

     ``SEC. 6202. SPECIAL EDUCATIONAL TRAINING PROGRAMS FOR THE 
                   TEACHERS OF INDIAN CHILDREN.

       ``(a) In General.--
       ``(1) The Secretary is authorized to make grants to, and 
     enter into contracts with, institutions of higher education, 
     Indian organizations, and Indian tribes for the purpose of--
       ``(A) preparing individuals for teaching or administering 
     special programs and projects designed to meet the special 
     educational needs of Indian people, and
       ``(B) providing in-service training for persons teaching in 
     such programs.
       ``(2) Priority shall be given in the awarding of grants, 
     and in the entering into of contracts, under subsection (a) 
     to Indian institutions and organizations.
       ``(b) Fellowships and Traineeships.--
       ``(1) In carrying out the provisions of this section, the 
     Secretary is authorized to award fellowships and traineeships 
     to individuals and to make grants to, and to enter into 
     contracts with, institutions of higher education, Indian 
     organizations, and Indian tribes for the costs of education 
     allowances.
       ``(2) In awarding fellowships and traineeships under this 
     subsection, the Secretary shall give preference to Indians.
       ``(3) In the case of traineeships and fellowships, the 
     Secretary is authorized to grant stipends to, and allowances 
     for dependents of, persons receiving traineeships and 
     fellowships.

     ``SEC. 6203. FELLOWSHIPS FOR INDIAN STUDENTS.

       ``(a) In General.--During each fiscal year ending prior to 
     October 1, 1999, the Secretary is authorized to award 
     fellowships to be used for study in graduate and professional 
     programs at institutions of higher education. Such 
     fellowships shall be awarded to Indian students in order to 
     enable them to pursue a course of study of not more than 4 
     academic years leading toward a postbaccalaureate degree in 
     medicine, clinical psychology, psychology, law, education, 
     and related fields or leading to an undergraduate or graduate 
     degree in engineering, business administration, natural 
     resources, and related fields.
       ``(b) Stipends.--The Secretary shall pay to persons awarded 
     fellowships under subsection (a) such stipends (including 
     such allowances for subsistence of such persons and their 
     dependents) the Secretary may determine to be consistent with 
     prevailing practices under comparable federally supported 
     programs.
       ``(c) Payments to Institutions in Lieu of Tuition.--The 
     Secretary shall pay to the institution of higher education at 
     which the holder of a fellowship awarded under subsection (a) 
     is pursuing a course of study, in lieu of tuition charged 
     such holder, such amounts as the Secretary may determine to 
     be necessary to cover the cost of education provided the 
     holder of such a fellowship.
       ``(d) Special Rules.--
       ``(1) The Secretary may, if a fellowship awarded under 
     subsection (a) is vacated prior to the end of the period for 
     which it was awarded, award an additional fellowship for the 
     remainder of such period.
       ``(2) By no later than the date that is 45 days before the 
     commencement of an academic term, the Secretary shall provide 
     to each individual who is awarded a fellowship under 
     subsection (a) for such academic term written notice of the 
     amount of such fellowship and of any stipends or other 
     payments that will be made under this section to, or for the 
     benefit of, such individual for such academic term.
       ``(3) Not more than 10 percent of the fellowships awarded 
     under subsection (a) shall be awarded, on a priority basis, 
     to persons receiving training in guidance counseling with a 
     specialty in the area of alcohol and substance abuse 
     counseling and education.
       ``(e) Service Obligation.--The Secretary shall, by 
     regulation, require that individuals who receive training 
     under this section perform related work and shall notify such 
     local educational agency of the amount no later than June 1 
     of the year in which the grant will be paid following that 
     training or repay all or part of the cost of the training.

     ``SEC. 6204. GIFTED AND TALENTED.

       ``(a) Establishment of Centers.--The Secretary shall 
     establish 2 centers for gifted and talented Indian students 
     at tribally controlled community colleges.
       ``(b) Demonstration Projects.--
       ``(1) The Secretary shall award separate grants to, or 
     enter into contracts with--
       ``(A) 2 tribally controlled community colleges that--
       ``(i) are eligible for funding under the Tribally 
     Controlled Community College Assistance Act of 1978, and
       ``(ii) are fully accredited, or
       ``(B) if acceptable applications are not submitted to the 
     Secretary by 2 of such colleges, the American Indian Higher 
     Education Consortium,

     for the establishment of centers under subsection (a) and for 
     demonstration projects designed to address the special needs 
     of Indian students in elementary and secondary schools who 
     are gifted and talented and to provide such support services 
     to their families that are needed to enable the students to 
     benefit from the project.
       ``(2) Any person to whom a grant is made, or with whom a 
     contract is entered into, under paragraph (1) may enter into 
     a contract with any other persons, including the Children's 
     Television Workshop, for the purpose of carrying out the 
     demonstration projects for which such grant was awarded or 
     for which the contract was entered into by the Secretary.
       ``(3) Demonstration projects funded under this section may 
     include--
       ``(A) the identification of the special needs of gifted and 
     talented students, particularly at the elementary school 
     level, with attention to the emotional and psychosocial needs 
     of these students and to the provision of those support 
     services to their families that are needed to enable these 
     students to benefit from the project;
       ``(B) 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 Indian languages and exposure to Indian cultural 
     traditions, and mentoring and apprenticeship programs;
       ``(C) the provision of technical assistance and the 
     coordination of activities at schools which receive grants 
     under subsection (c) with respect to the activities funded by 
     such grants, the evaluation of programs at such schools 
     funded by such grants, or the dissemination of such 
     evaluations;
       ``(D) the use of public television in meeting the special 
     educational needs of such gifted and talented children;
       ``(E) leadership programs designed to replicate programs 
     for such children throughout the United States, including the 
     dissemination of information derived from the demonstration 
     projects conducted under this section; and
       ``(F) appropriate research, evaluation, and related 
     activities pertaining to the needs of such children and to 
     the provision of such support services to their families that 
     are needed to enable such children to benefit from the 
     project.
       ``(c) Additional Grants.--
       ``(1) The Secretary, in consultation with the Secretary of 
     the Interior, shall provide 5 grants to schools that are 
     Bureau funded schools for program research and development 
     regarding, and the development and dissemination of 
     curriculum and teacher training material regarding--
       ``(A) gifted and talented students,
       ``(B) college preparatory studies (including programs for 
     Indian students interested in teaching careers),
       ``(C) students with special culturally related academic 
     needs, including social, lingual, and cultural needs, and
       ``(D) math and science education.
       ``(2) Applications for the grants provided under paragraph 
     (1) shall be submitted to the Secretary in such form and at 
     such time as the Secretary may prescribe. Applications for 
     such grants by Bureau schools, and the administration of any 
     of such grants made to a Bureau school, shall be undertaken 
     jointly by the supervisor of the Bureau school and the local 
     school board.
       ``(3) Grants may be provided under paragraph (1) for one or 
     more activities described in paragraph (1).
       ``(4) In providing grants under paragraph (1), the 
     Secretary shall--
       ``(A) achieve a mixture of programs described in paragraph 
     (1) which ensures that students at all grade levels and in 
     all geographic areas of the United States are able to 
     participate in some programs funded by grants provided under 
     this subsection, and
       ``(B) ensure that a definition of the term `gifted and 
     talented student' for purposes of this section and section 
     1128(c)(3)(A)(i) of the Education Amendments of 1978 is 
     developed as soon as possible.
       ``(5) Subject to the availability of appropriated funds, 
     grants provided under paragraph (1) shall be made for a 3-
     year period and may be renewed by the Secretary for 
     additional 3-year periods if performance by the grantee is 
     satisfactory to the Secretary.
       ``(6)(A) The dissemination of any materials developed from 
     activities funded by grants provided under paragraph (1) 
     shall be carried out in cooperation with institutions 
     receiving funds under subsection (b).
       ``(B) The Secretary shall report to the Secretary of the 
     Interior and to the Congress any results from activities 
     described in paragraph (4)(B).
       ``(7)(A) The costs of evaluating any activities funded by 
     grants made under paragraph (1) shall be divided between the 
     school conducting such activities and the demonstration 
     project recipients under subsection (b).
       ``(B) If no funds are provided under subsection (b) for--
       ``(i) the evaluation of activities funded by grants made 
     under paragraph (1),
       ``(ii) technical assistance and coordination with respect 
     to such activities, or
       ``(iii) dissemination of such evaluations,

     the Secretary shall, by grant or through contract, provide 
     for such evaluations, technical assistance, coordination, and 
     dissemination.
       ``(d) Information Network.--The Secretary shall encourage 
     persons to whom a grant is made, or with whom a contract is 
     entered into, under this section to work cooperatively as a 
     national network so that the information developed by such 
     persons is readily available to the entire educational 
     community.

     ``SEC. 6205. TRIBALLY CONTROLLED SCHOOLS ACT.

       ``(a) Timely Payments.--Subsection (a) is amended to read 
     as follows:
       ```(a)(1) Except as otherwise provided in this subsection, 
     the Secretary shall make payments to grantees under this part 
     in 2 payments:
       ```(A) one payment to be made no later than July 1 of each 
     year in an amount equal to one-half of the amount which the 
     grantee was entitled to receive during the preceding academic 
     year, and
       ```(B) the second payment, consisting of the remainder to 
     which the grantee is entitled for the academic year, shall be 
     made no later than December 1 of each year.
       ```(2) For any school for which no payment was made from 
     Bureau funds in the preceding academic year, full payment of 
     the amount computed for the first academic year of 
     eligibility under this part shall be made no later than 
     December 1 of the academic year.
       ```(3) With regard to funds for grantees that become 
     available for obligation on October 1 of the fiscal year for 
     which they are appropriated, the Secretary shall make 
     payments to grantees no later than December 1 of the fiscal 
     year.
       ```(4) The provisions of the Prompt Payment Act (31 U.S.C. 
     3901 et seq.) shall apply to the payments required to be made 
     by paragraphs (1), (2), and (3) of this subsection.'.
       ``(b) Paragraph (3) is amended by striking `Paragraphs (1) 
     and (2)' and inserting in lieu thereof `Paragraphs (1), (2), 
     and (3)', and is renumbered as paragraph `(5)'.

   ``PART C--SPECIAL PROGRAMS RELATING TO ADULT EDUCATION FOR INDIANS

     ``SEC. 6301. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR 
                   ADULT INDIANS.

       ``(a) In General.--The Secretary shall carry out a program 
     of awarding grants to State and local educational agencies 
     and to Indian tribes, institutions, and organizations--
       ``(1) to support planning, pilot, and demonstration 
     projects which are designed to test and demonstrate the 
     effectiveness of programs for improving employment and 
     educational opportunities for adult Indians;
       ``(2) to assist in the establishment and operation of 
     programs which are designed to stimulate--
       ``(A) the provision of basic literacy opportunities to all 
     nonliterate Indian adults, and
       ``(B) the provision of opportunities to all Indian adults 
     to qualify for a high school equivalency certificate in the 
     shortest period of time feasible;
       ``(3) to support a major research and development program 
     to develop more innovative and effective techniques for 
     achieving the literacy and high school equivalency goals;
       ``(4) to provide for basic surveys and evaluations to 
     define accurately the extent of the problems of illiteracy 
     and lack of high school completion among Indians; and
       ``(5) to encourage the dissemination of information and 
     materials relating to, and the evaluation of the 
     effectiveness of, education programs which may offer 
     educational opportunities to Indian adults.
       ``(b) Educational Services.--The Secretary is authorized to 
     make grants to Indian tribes, Indian institutions, and Indian 
     organizations to develop and establish educational services 
     and programs specifically designed to improve educational 
     opportunities for Indian adults.
       ``(c) Information and Evaluation.--The Secretary is also 
     authorized to make grants to, and to enter into contracts 
     with, public agencies and institutions and Indian tribes, 
     institutions, and organizations for--
       ``(1) the dissemination of information concerning 
     educational programs, services, and resources available to 
     Indian adults, including evaluations thereof; and
       ``(2) the evaluation of federally assisted programs in 
     which Indian adults may participate to determine the 
     effectiveness of such programs in achieving the purposes of 
     such programs with respect to such adults.
       ``(d) Applications.--
       ``(1) Applications for a grant under this section shall be 
     submitted at such time, in such manner, contain such 
     information, and be consistent with such criteria, as may be 
     required under regulations prescribed by the Secretary. Such 
     applications shall--
       ``(A) set forth a statement describing the activities for 
     which assistance is sought; and
       ``(B) provide for an evaluation of the effectiveness of the 
     project in achieving its purposes and the purposes of this 
     section.
       ``(2) The Secretary shall not approve an application for a 
     grant under subsection (a) unless the Secretary is satisfied 
     that such application, and any documents submitted with 
     respect thereto, indicate that--
       ``(A) there has been adequate participation by the 
     individuals to be served and tribal communities in the 
     planning and development of the project, and
       ``(B) there will be such a participation in the operation 
     and evaluation of the project.
       ``(3) In approving applications under subsection (a), the 
     Secretary shall give priority to applications from Indian 
     educational agencies, organizations, and institutions.

           ``PART D--NATIONAL ACTIVITIES AND GRANTS TO STATES

     ``SEC. 6401. NATIONAL ACTIVITIES.

       ``(a) Authorized Activities.--From funds appropriated for 
     any fiscal year to carry out this section, the Secretary 
     may--
       ``(1) conduct research related to effective approaches to 
     the education of Indian children and adults;
       ``(2) evaluate federally assisted education programs from 
     which Indian children and adults may benefit;
       ``(3) collect and analyze data on the educational status 
     and needs of Indians; and
       ``(4) carry out other activities consistent with the 
     purpose of this Act.
       ``(b) Eligibility.--The Secretary may carry out any of the 
     activities described in subsection (a) directly or through 
     grants to, or contracts or cooperative agreements with, 
     Indian tribes, Indian organizations, State educational 
     agencies, local educational agencies, institutions of higher 
     education, including Indian institutions of higher education, 
     and other public and private agencies and institutions.
       ``(c) Coordination.--Research activities supported under 
     this section--
       ``(1) shall be carried out in consultation with the Office 
     of Educational Research and Improvement to assure 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 by the Office of Indian 
     Education and the Office of Educational Research and 
     Improvement.

     ``SEC. 6402. STATE EDUCATIONAL AGENCY REVIEW.

       ``(a) Before submitting its application to the Secretary, 
     the local educational agency shall submit its application to 
     the State educational agency.
       ``(b) The State education agency may send to the Secretary 
     comments on each local educational agency application its 
     reviews. The Secretary shall take such comments into 
     consideration in reviewing such application.

                    ``PART E--FEDERAL ADMINISTRATION

     ``SEC. 6501. OFFICE OF INDIAN EDUCATION.

       ``(a) Office of Indian Education.--There shall be an Office 
     of Indian Education (referred to in this section as `the 
     Office') in the Department of Education.
       ``(b) Director.--(1) The Office shall be under the 
     direction of the Director, who shall be appointed by the 
     Secretary and who shall report directly to the Assistant 
     Secretary for Elementary and Secondary Education.
       ``(2) The Director shall--
       ``(A) be responsible for administering this title;
       ``(B) be involved in, and be primarily responsible for, the 
     development of all policies affecting Indian children and 
     adults under programs administered by the Office of 
     Elementary and Secondary Education;
       ``(C) coordinate the development of policy and practice for 
     all programs in the Department relating to Indian persons; 
     and
       ``(D) assist the Assistant Secretary of the Office of 
     Educational Research and Improvement in identifying research 
     priorities related to the education of Indian persons.
       ``(3) The Director of the Office shall be a member of the 
     career Senior Executive Service.
       ``(c) Indian Preference in Employment.--(1) The Secretary 
     shall give a preference to Indian persons in all personnel 
     actions in the Office.
       ``(2) Such preference shall be implemented in the same 
     fashion as the preference given to any veteran under section 
     2609 of the Revised Statutes, section 45 of title 25, United 
     States Code.

     ``SEC. 6502. NATIONAL ADVISORY COUNCIL ON INDIAN EDUCATION.

       ``(a) Membership.--There shall be a National Advisory 
     Council on Indian Education (referred to in this section as 
     `the Council'), which shall--
       ``(1) consist of 15 Indian members, who shall be appointed 
     by the President from lists of nominees furnished, from time 
     to time, by Indian tribes and organizations; and
       ``(2) represent different geographic areas of the country.
       ``(b) Duties.--The Council shall--
       ``(1) advise the Secretary on the funding and 
     administration, including the development of regulations and 
     of administrative policies and practices, of any program, 
     including programs under this title, for which the Secretary 
     is responsible and in which Indian children or adults 
     participate or from which they can benefit;
       ``(2) make recommendations to the Secretary for filling the 
     Director's position whenever a vacancy occurs in such 
     position; and
       ``(3) submit to the Congress, by June 30 of each year, a 
     report on its activities, which shall include--
       ``(A) any recommendations it finds appropriate for the 
     improvement of Federal education programs in which Indian 
     children or adults participate, or from which they can 
     benefit; and
       ``(B) its recommendations with respect to the funding of 
     any such programs.

     ``SEC. 6503. PEER REVIEW.

       ``In reviewing applications under parts B, C, and D of this 
     title, the Secretary may use a peer review process.

     ``SEC. 6504. PREFERENCE FOR INDIAN APPLICANTS.

       ``In making grants under parts B and C of this title, the 
     Secretary shall give a preference to Indian tribes, Indian 
     organizations, and Indian institutions of higher education 
     under any program for which they are eligible to apply.

     ``SEC. 6505. MINIMUM GRANT CRITERIA.

       ``In making grants under parts B and C of this title, the 
     Secretary shall approve only projects that are--
       ``(1) of sufficient size, scope, and quality to achieve the 
     purpose of the section under which assistance is sought; and
       ``(2) based on relevant research findings.

        ``PART F--DEFINITIONS; AUTHORIZATIONS OF APPROPRIATIONS

     ``SEC. 6601. DEFINITIONS.

       ``The following definitions apply to terms as used in this 
     title:
       ``(1) The term `adult' means an individual who is either--
       ``(A) not less than 16 years old; or
       ``(B) beyond the age of compulsory school attendance under 
     State law.
       ``(2) The term `adult education' has the meaning given such 
     term in section 312(2) of the Adult Education Act.
       ``(3) The term `free public education' means education that 
     is--
       ``(A) provided at public expense, under public supervision 
     and direction, and without tuition charge; and
       ``(B) provided as elementary or secondary education in the 
     applicable State or to preschool children.
       ``(4) The term `Indian' means an individual who is--
       ``(A) a member of an Indian tribe or band, as membership is 
     defined by the tribe or band, including--
       ``(i) tribes and bands terminated since 1940; and
       ``(ii) tribes and bands recognized by the State in which 
     they reside;
       ``(B) a descendant, in the first or second degree, of an 
     individual described in subparagraph (A);
       ``(C) considered by the Secretary of the Interior to be an 
     Indian for any purpose; or
       ``(D) an Eskimo, Aleut, or other Alaska Native.

     ``SEC. 6602. AUTHORIZATIONS OF APPROPRIATIONS.

       ``(a) Part A.--For the purpose of carrying out part A of 
     this title, there are authorized to be appropriated 
     $61,300,000 for fiscal year 1995 and such sums as may be 
     necessary for each of the fiscal years 1996, 1997, 1998, and 
     1999.
       ``(b) Parts B Through D.--For the purpose of carrying out 
     parts B, C, and D of this title, there are authorized to be 
     appropriated $20,925,000 for fiscal year 1995 and such sums 
     as may be necessary for each of the fiscal years 1996, 1997, 
     1998, and 1999.
       ``(c) Part E.--For the purpose of carrying out part E of 
     this title, including section 6502, there are authorized to 
     be appropriated $3,775,000 for fiscal year 1995 and such sums 
     as may be necessary for each of the fiscal years 1996, 1997, 
     1998, and 1999.

              ``PART G--BUREAU OF INDIAN AFFAIRS PROGRAMS

     ``SEC. 6701. STANDARDS FOR THE BASIC EDUCATION OF INDIAN 
                   CHILDREN IN BUREAU OF INDIAN AFFAIRS SCHOOLS.

       ``(a) The purpose of the standards developed under this 
     section shall be to afford Indian students being served by a 
     Bureau funded school with the same opportunities as all other 
     students to achieve the high goals embodied in the Goals 
     2000: Educate America Act. Consistent with the provisions of 
     this section and section 6711 of this part, the Secretary 
     shall take such actions as are necessary to coordinate 
     standards developed and implemented under this section with 
     those in the State plans developed and implemented pursuant 
     to the GOALS 2000 Educate America Act for the States in which 
     each Bureau funded school operates. In developing and 
     reviewing these standards and such coordination, the 
     Secretary shall utilize the findings and recommendations of 
     the panel established by the Goals 2000: Educate America Act
       ``(b) The Secretary, in consultation with the Secretary of 
     Education, and in consultation with Indian organizations and 
     tribes, shall carry out or cause to be carried out by 
     contract with an Indian organization such studies and 
     surveys, making the fullest use possible of other existing 
     studies, surveys, and plans, as are necessary to establish 
     and revise standards for the basic education of Indian 
     children attending Bureau funded schools. Such studies and 
     surveys shall take into account factors such as academic 
     needs, local cultural differences, type and level of language 
     skills, geographic isolation, and appropriate teacher-student 
     ratios for such children, and shall be directed toward the 
     attainment of equal eductional opportunity for such children.
       ``(c)(1) Within 18 months of the date of enactment of this 
     Act, the Secretary shall revise the minimum academic 
     standards published in the Federal Register of November 1983 
     for the basic education of Indian chlidren which are 
     consistent with subsections (a) and (b) of this section and 
     section 6711, and shall distribute such revised standards in 
     the Federal Register for the purpose of receiving comments 
     from the tribes and other interested parties. Within 21 
     months of the date of enactment of the Elementary and 
     Secondary Education Act Amendments of 1993, the Secretary 
     shall establish final standards, distribute such standards to 
     all the tribes and publish such standards in the Federal 
     Register. The Secretary shall revise such standards 
     periodically as necessary. Prior to any revision of such 
     standards, the Secretary shall distribute such proposed 
     revision to all the tribes, and publish such proposed 
     revision in the Federal Register, for the purpose of 
     receiving comments from the tribes and other interested 
     parties.
       ``(2) Such standards shall apply to Bureau schools, and 
     subject to subsection (f), to contract and grant schools, and 
     may also serve as a model for educational programs for Indian 
     children in public schools. In establishing and revising such 
     standards, the Secretary shall take into account the special 
     needs of Indian students and the support and reinforcement of 
     the specific cultural heritage of each tribe. Such standards 
     shall include a requirement, developed in coordination with 
     Indian tribes, the affected local school boards, the Indian 
     Health Service of the Department of Health and Human 
     Services, the State health departments, and the Centers for 
     Disease Control and Prevention, on immunization for childhood 
     diseases, including provisions for in-school immunization, 
     where necessary.
       ``(d) The Secretary shall provide alternative or modified 
     standards in lieu of the standards established under 
     subsection (c), where necessary, so that the programs of each 
     school shall be in compliance with the minimum standards 
     required for accreditation of schools in the State where the 
     school is located.
       ``(e) A tribal governing body, or the local school board so 
     designated by the tribal governing body, shall have the local 
     authority to waive, in part or in whole, the standards 
     established under subsections (c) and (d), where such 
     standards are deemed by such body to be inappropriate or ill-
     conceived. The tribal governing body or designated school 
     board shall, within 60 days thereafter, submit to the 
     Secretary a proposal for alternative standards that takes 
     into account the specific needs of the tribe's children. Such 
     revised standards shall be established by the Secretary 
     unless specifically rejected by the Secretary for good cause 
     and in writing to the affected tribes or local school board, 
     which rejection shall be final and unreviewable.
       ``(f)(1) The Secretary, through contracting and grant-
     making procedures, shall assist school boards of contract and 
     grant schools in the implementation of the standards 
     established under subsection (c) and (d), if the school 
     boards request that such standards, in part or in whole, be 
     implemented. At the request of a contract or grant school 
     board, the Secretary shall provide alternative or modified 
     standards for the standards established under subsections (c) 
     and (d) to take into account the needs of the Indian children 
     and the contract or grant school.
       ``(2) Within 1 year of the date of the enactment of the 
     Indian Education Technical Amendments Act of 1985, the Bureau 
     shall, either directly or through contract with an Indian 
     organization, establish a consistent system of reporting 
     standards for fiscal control and fund accounting for all 
     contract schools. Such standards shall yield data results 
     comparable to those used by Bureau schools.
       ``(g) Subject to subsections (e) and (f), the Secretary 
     shall begin to implement the standards established under this 
     section immediately upon the date of their establishment. No 
     later than January 1, 1995, and at each time thereafter that 
     the annual budget request for Bureau educational services is 
     presented, the Secretary shall submit to the appropriate 
     committees of Congress a detailed plan to bring all Bureau 
     and contract and grant schools up to the level required by 
     the applicable standards established under this section. Such 
     plan shall include, but not be limited to, detailed 
     information on the status of each school's educational 
     program in relation to the applicable standards established 
     under this section, specific cost estimates for meeting such 
     standards at each school, and specific time lines for 
     bringing each school up to the level required by such 
     standards.
       ``(h)(1) Except as specifically required by statute, no 
     school or peripheral dormitory operated by the Bureau of 
     Indian Affairs on or after January 1, 1992, may be closed or 
     consolidated or have its program substantially curtailed 
     unless done according to the requirements of this subsection, 
     except that, in those cases where the tribal governing body, 
     or the local school board concerned (if so designated by the 
     tribal governing body), requests closure or consolidation, 
     the requirements of this subsection shall not apply. The 
     requirements of this subsection shall not apply when a 
     temporary closure, consolidation, or substantial curtailment 
     is required by plant conditions which constitute an immediate 
     hazard to health and safety.
       ``(2) The Secretary shall, by regulation, promulgate 
     standards and procedures for the closing, consolidation, or 
     substantial curtailment of Bureau schools in accordance with 
     the requirements of this subsection.
       ``(3) Whenever closure, transfer to any other authority, 
     consolidation, or substantial curtailment of a school is 
     under active consideration or review by any division of the 
     Bureau or the Department of the Interior, the affected tribe, 
     tribal governing body, and designated local school board, 
     will be notified as soon as such consideration or review 
     begins, kept fully and currently informed, and afforded an 
     opportunity to comment with respect to such consideration or 
     review. When a formal decision is made to close, transfer to 
     any other authority, consolidate, or substantially curtail a 
     school, the affected tribe, tribal governing body, and 
     designated local school board shall be notified at least 6 
     months prior to the end of the school year preceding the 
     proposed effective date. Copies of any such notices and 
     information shall be transmitted promptly to the Congress and 
     published in the Federal Register.
       ``(4) The Secretary shall make a report to Congress, the 
     affected tribe, and the designated local school board 
     describing the process of the active consideration or review 
     referred to in paragraph (3). At a minimum, the report shall 
     include a study of the impact of such action on the student 
     population, with every effort to identify those students with 
     particular educational and social needs, and to ensure that 
     alternative services are available to such students. Such 
     report shall include the description of the consultation 
     conducted between the potential service provider, current 
     service provider, parents, tribal representative and the 
     tribe or tribes involved, and the Director of the Office of 
     Indian Education Programs within the Bureau regarding such 
     students. No irreversible action may be taken in furtherance 
     of any such proposed school closure, transfer to any other 
     authority, consolidation, or substantial curtailment 
     (including any action which would prejudice the personnel or 
     programs of such school) until the end of the first full 
     academic year after such report is made.
       ``(5) The Secretary may terminate, contract, transfer to 
     any other authority, or consolidate or substantially curtail 
     the operation or facilities of--
       ``(A) any Bureau funded school that is operated on or after 
     April 1, 1987,
       ``(B) any program of such a school that is operated on or 
     after April 1, 1987, or
       ``(C) any school board of a school operated under a grant 
     under the Tribally Controlled Schools Act of 1988 (Public Law 
     100-297),

     only if the tribal governing body approves such action.
       ``(i) There are hereby authorized to be appropriated such 
     sums as may be necessary, for academic program costs, in 
     order to bring all Bureau and contract schools up to the 
     level required by the applicable standards established under 
     this section.
       ``(j)(1) All schools funded by the Bureau of Indian Affairs 
     shall include within their curriculum a program of 
     instruction relating to alcohol and substance abuse 
     prevention and treatment. The Assistant Secretary shall 
     provide the technical assistance necessary to develop and 
     implement such a program for students in kindergarten and 
     grades 1 through 12, at the request of--
       ``(A) any Bureau of Indian Affairs school (subject to the 
     approval of the school board of such school);
       ``(B) any school board of a school operating under a 
     contract entered into under the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 450 et seq.); or
       ``(C) any school board of a school operating under a grant 
     under the Tribally Controlled Schools Act of 1988 (Public Law 
     100-297).
       ``(2) In schools operated directly by the Bureau of Indian 
     Affairs, the Secretary shall provide for--
       ``(A) accurate reporting of all incidents relating to 
     alcohol and substance abuse; and
       ``(B) individual student crisis intervention.
       ``(3) The programs requested under paragraph (1) shall be 
     developed in consultation with the Indian tribe that is to be 
     served by such program and health personnel in the local 
     community of such tribe.
       ``(4) Schools requesting program assistance under this 
     subsection are encouraged to involve family units and, where 
     appropriate, tribal elders and Native healers in such 
     instructions.
       ``(k) For purposes of this section, the term `tribal 
     governing body' means, with respect to any school, the tribal 
     governing body, or tribal governing bodies, that represent at 
     least 90 percent of the students served by such school.
       ``(l)(1)(A) The Secretary shall only consider the factors 
     described in subparagraphs (B) and (C) in reviewing--
       ``(i) applications from any tribe for the awarding of a 
     contract or grant for a school that is not a Bureau funded 
     school, and
       ``(ii) applications from any tribe or school board of any 
     Bureau funded school for--
       ``(I) a school which is not a Bureau funded school; or
       ``(II) the expansion of a Bureau funded school which would 
     increase the amount of funds received by the Indian tribe or 
     school board under section 6707.

     The Secretary shall give consideration to all of such 
     factors, but none of such applications may be denied based 
     primarily upon the geographic proximity of public education.
       ``(B) The Secretary shall consider the following factors 
     relating to the program that is the subject of an application 
     described in subparagraph (A):
       ``(i) the adequacy of facilities or the potential to obtain 
     or provide adequate facilities;
       ``(ii) geographic and demographic factors in the affected 
     areas;
       ``(iii) adequacy of the applicant's program plans or, in 
     the case of a Bureau funded school, of projected needs 
     analysis done either by a tribe or by Bureau personnel;
       ``(iv) geographic proximity of comparable public education; 
     and
       ``(v) the stated needs of all affected parties, including 
     (but not limited to) students, families, tribal governments 
     at both the central and local levels, and school 
     organizations.
       ``(C) The Secretary shall consider with respect to 
     applications described in subparagraph (A) the following 
     factors relating to all the educational services available at 
     the time the application is considered:
       ``(i) geographic and demographic factors in the affected 
     areas;
       ``(ii) adequacy and comparability of programs already 
     available;
       ``(iii) consistency of available programs with tribal 
     educational codes or tribal legislation on education; and
       ``(iv) the history and success of these services for the 
     proposed population to be served, as determined from all 
     factors and not just standardized examination performance.
       ``(2)(A) The Secretary shall make a determination of 
     whether to approve any application described in paragraph 
     (1)(A) by no later than the date that is 180 days after the 
     day on which such application is submitted to the Secretary.
       ``(B) If the Secretary fails to make the determination 
     described in subparagraph (A) with respect to an application 
     by the date described in subparagraph (A), the application 
     shall be treated as having been approved by the Secretary.
       ``(3)(A) Any application described in paragraph (1)(A) may 
     be submitted to the Secretary only if--
       ``(i) the application has been approved by the tribal 
     governing body of the students served by (or to be served by) 
     the school or program that is the subject of the application, 
     and
       ``(ii) written evidence of such approval is submitted with 
     the application.
       ``(B) Each application described in paragraph (1)(A)--
       ``(i) shall provide information concerning each of the 
     factors described in paragraph (1)(B), and
       ``(ii) may provide information concerning the factors 
     described in paragraph (1)(C).
       ``(4) Whenever the Secretary makes a determination to deny 
     approval of any application described in paragraph (1)(A), 
     the Secretary shall--
       ``(A) state the objections in writing to the applicant by 
     no later than the date that is 180 days after the day on 
     which the application is submitted to the Secretary,
       ``(B) provide assistance to the applicant to overcome 
     stated objections, and
       ``(C) provide the applicant a hearing, under the same rules 
     and regulations pertaining to the Indian Self-Determination 
     and Education Assistance Act, and an opportunity to appeal 
     the objections raised by the Secretary.
       ``(5)(A) Except as otherwise provided in this paragraph, 
     the action which is the subject of any application described 
     in paragraph (1)(A) that is approved by the Secretary shall 
     become effective with the commencement of the academic year 
     succeeding the fiscal year in which the application is 
     approved, or at an earlier date determined by the Secretary.
       ``(B) If an application is treated as having been approved 
     by the Secretary by reason of paragraph (2)(B), the action 
     that is the subject of the application shall become effective 
     on the date that is 18 months after the date on which the 
     application is submitted to the Secretary, or at an earlier 
     date determined by the Secretary.

     ``SEC. 6702. NATIONAL CRITERIA FOR DORMITORY SITUATIONS.

       ``(a) The Secretary, in consultation with the Secretary of 
     the Department of Education, and in consultation with Indian 
     organizations and tribes, shall conduct or cause to be 
     conducted by contract with an Indian organization, a study of 
     the costs applicable to boarding arrangements for Indian 
     students provided in Bureau and contract and grant schools, 
     for the purpose of establishing national criteria for such 
     dormitory situations. Such criteria shall include adult-child 
     ratios, needs for counselors (including special needs related 
     to off-reservation boarding arrangements), space, and 
     privacy.
       ``(b) No later than January 1, 1996, the Secretary shall 
     propose such criteria, and shall distribute such proposed 
     criteria to the tribes and publish such proposed criteria in 
     the Federal Register for the purpose of receiving comments 
     from the tribes and other interested parties. Within eighteen 
     months of the date of the enactment of this Act, the 
     Secretary shall establish final criteria, distribute such 
     criteria to all the tribes, and publish such criteria in the 
     Federal Register. The Secretary shall revise such criteria 
     periodically as necessary. Any revisions to the standards 
     established under this section shall be developed subject to 
     requirements established under section 6711.
       ``(c) The Secretary shall begin to implement the criteria 
     established under this section immediately upon the date of 
     their establishment. No later than January 1, 1981, and at 
     each time thereafter that the annual budget request for 
     Bureau educational services is presented, the Secretary shall 
     submit to the appropriate committees of Congress a detailed 
     plan to bring all Bureau and contract boarding schools up to 
     the criteria established under this section. Such plan shall 
     include, but not be limited to, predictions for the relative 
     need for each boarding school in the future, detailed 
     information on the status of each school in relation to the 
     criteria established under this section, specific cost 
     estimates for meeting such criteria at each school, and 
     specific time lines for bringing each school up to the level 
     required by such criteria.
       ``(d)(1) The criteria established under this section may be 
     waived in the same manner as the standards provided under 
     section 6701(c) may be waived under section 6701(e).
       ``(2) No school in operation on or before January 1, 1987 
     (regardless of compliance or noncompliance with the criteria 
     established under this section) may be closed, transferred to 
     another authority, consolidated or have its program 
     substantially curtailed for failure to meet the criteria.
       ``(3) By no later than May 1, 1996, the Secretary shall 
     submit to the Congress a report detailing the costs 
     associated with, and the actions necessary for, complete 
     compliance with the criteria established under this section.
       ``(e) There are hereby authorized to be appropriated such 
     sums as may be necessary in order to bring each school up to 
     the level required by the criteria established under this 
     section.

     ``SEC. 6703. REGULATIONS.

       ``(a) The provisions of part 32 of title 25 of the Code of 
     Federal Regulations, as in effect on January 1, 1987, are 
     hereby incorporated into this Act and shall be treated as 
     though such provisions are set forth in this subsection. 
     Accordingly, such provisions may be altered only by means of 
     an amendment to this subsection that is contained in an Act 
     or joint resolution which is enacted into law. To the extent 
     that such provisions of part 32 do not conform with this Act 
     or any statutory provision of law enacted before the date of 
     enactment of this Act, the provisions of this Act and the 
     provisions of such other statutory law shall govern.
       ``(b) The provisions of parts 31, 33, 36, 39, 42, and 43 of 
     title 25 of the Code of Federal Regulations, as in effect on 
     January 1, 1987, shall be applied by the Federal Government 
     and shall not, before July 1, 1989, be amended, revoked, or 
     altered in any manner. No officer or employee of the 
     Executive Branch shall have the authority to issue any other 
     regulations, prior to July 1, 1989, that supersede, 
     supplement, or otherwise affect the provisions of such parts. 
     To the extent that the provisions of such parts do not 
     conform with this Act or any statutory provision of law 
     enacted before the date of enactment of this Act, the 
     provisions of this Act and the provisions of such other 
     statutory law shall govern.
       ``(c) After June 30, 1989, no regulation prescribed for the 
     application of any program provided under this title shall 
     become effective unless--
       ``(1) the regulation has been published as a proposed 
     regulation in the Federal Register,
       ``(2) an opportunity of no less than 90 days has been 
     afforded the public to comment on the published proposed 
     regulation, and
       ``(3) the regulation has, after such period for public 
     comment, been published in the Federal Register as a final 
     regulation.
       ``(d) For purposes of this section, the term `regulation' 
     means any rules, regulations, guidelines, interpretations, 
     orders, or requirements of general applicability prescribed 
     by any officer or employee of the Executive Branch.

     ``SEC. 6704. SCHOOL BOUNDARIES.

       ``(a) The Secretary shall, in accordance with this section, 
     establish separate geographical attendance areas for each 
     Bureau school.
       ``(b)(1) Except as provided in paragraph (2), on or after 
     July 1, 1985, no attendance area shall be changed or 
     established with respect to any such school unless the tribal 
     governing body or the local school board concerned (if so 
     designated by the tribal governing body) has been (i) 
     afforded at least six months notice of the intention of the 
     Bureau to change or establish such attendance area, and (ii) 
     given the opportunity to propose alternative boundaries. Any 
     tribe may petition the Secretary for revision of existing 
     attendance area boundaries. The Secretary shall accept such 
     proposed alternative or revised boundaries unless the 
     Secretary finds, after consultation with the affected tribe 
     or tribes, that such revised boundaries do not reflect the 
     needs of the Indian students to be served or do not provide 
     adequate stability to all of the affected programs.
       ``(2) In any case where there is more than 1 Bureau funded 
     school located on an Indian reservation, at the direction of 
     the tribal governing body, the relevant school boards of the 
     Bureau funded schools on the reservation may, by mutual 
     consent, establish the relevant attendance areas for such 
     schools, subject to the approval of the tribal governing 
     body. Any such boundaries so established shall be accepted by 
     the Secretary.
       ``(c) In any case where there is only 1 Bureau operated 
     program located on an Indian reservation, the attendance area 
     for the program shall be the boundaries of the reservation 
     served, and those students residing near the reservation 
     shall also receive services from such program.
       ``(d) The Bureau of Indian Affairs shall include in the 
     final rules the requirement that each appropriate education 
     line officer coordinate and consult with the affected tribes 
     and relevant school boards in the establishment of such 
     geographic boundaries.

     ``SEC. 6705. FACILITIES CONSTRUCTION.

       ``(a) The Secretary shall immediately begin to bring all 
     schools, dormitories, and other facilities operated by the 
     Bureau or under contract or grant with the Bureau in 
     connection with the education of Indian children into 
     compliance with all applicable Federal, tribal, or State 
     health and safety standards, whichever provide greater 
     protection (except that the tribal standards to be applied 
     shall be no greater than any otherwise applicable Federal or 
     State standards), and with section 504 of the Rehabilitation 
     Act of 1973 (29 U.S.C. 794) and with the Americans with 
     Disabilities Act of 1990, except that nothing in this section 
     shall require termination of the operations of any facility 
     which does not comply with such provisions and which is in 
     use on the date of enactment of this Act.
       ``(b) By January 1, 1996, and at each time thereafter that 
     the annual budget request for Bureau educational services is 
     presented, the Secretary shall submit to the appropriate 
     committees of Congress a detailed plan to bring such 
     facilities into compliance with such standards. Such plan 
     shall include, but not be limited to, detailed information on 
     the status of each facility's compliance with such standards, 
     specific cost estimates for meeting such standards at each 
     school, and specific time lines for bringing each school into 
     compliance with such standards.
       ``(c) Within six months of the date of enactment of this 
     Act, the Secretary shall submit to the appropriate committees 
     of Congress, and publish in the Federal Register, the system 
     used to establish priorities for school construction 
     projects. At the time any budget request for school 
     construction is presented, the Secretary shall publish in the 
     Federal Register and submit with the budget request the 
     current list of all school construction priorities.
       ``(d)(1) A Bureau school may be closed or consolidated, and 
     the programs of a Bureau school may be substantially 
     curtailed, by reason of plant conditions that constitute an 
     immediate hazard to health and safety only if a health and 
     safety officer of the Bureau determines that such conditions 
     exist at the Bureau school.
       ``(2)(A) In making determinations described in paragraph 
     (1) before July 1, 1989, health and safety officers of the 
     Bureau shall use the health and safety guidelines of the 
     Bureau that were in effect on January 1, 1988.
       ``(B)(i) If--
       ``(I) the Secretary fails to publish in the Federal 
     Register in final form before July 1, 1989, and
       ``(II) action described in paragraph (1) is taken after 
     June 30, 1989, and before the date on which such regulations 
     are published in final form in the Federal Register by reason 
     of the condition of any plant,

     an inspection of the condition of such plant shall be 
     conducted by an appropriate tribal, county, municipal, or 
     State health and safety officer to determine whether 
     conditions at such plant constitute an immediate hazard to 
     health and safety. Such inspection shall be completed by no 
     later than the date that is 30 days after the date on which 
     the action described in paragraph (1) is taken.
       ``(ii) The inspection required under clause (i) shall be 
     conducted by a health and safety officer designated jointly 
     by the Secretary and the tribes affected by the action 
     described in paragraph (1). If the Secretary and such tribes 
     are unable to agree on the designation of the health and 
     safety officer, the Secretary shall designate the health and 
     safety officer and shall provide notice of such designation 
     to each of such tribes before the inspection is conducted by 
     such officer.
       ``(iii) If the health and safety officer conducting an 
     inspection of a plant required under clause (i) determines 
     that conditions at the plant do not constitute an immediate 
     hazard to health and safety, any consolidation or curtailment 
     that was made by reason of conditions at the plant shall 
     immediately cease and any school closed by reason of 
     conditions at the plant shall be reopened immediately.
       ``(3) If--
       ``(A) a Bureau school is temporarily closed or 
     consolidated, or the programs of a Bureau school are 
     substantially curtailed, by reason of plant conditions that 
     constitute an immediate hazard to health and safety, and
       ``(B) the Secretary estimates that the closure, 
     consolidation, or curtailment will be more than 1 year in 
     duration,

     the Secretary shall submit to the Congress, by no later than 
     the date that is 6 months after the date on which the 
     closure, consolidation, or curtailment is initiated, a report 
     which sets forth the reasons for such temporary actions and 
     the actions the Secretary is taking to eliminate the 
     conditions that constitute the hazard.
       ``(e) There are hereby authorized to be appropriated such 
     sums as may be necessary to carry out subsection (a).

     ``SEC. 6706. BUREAU OF INDIAN AFFAIRS EDUCATION FUNCTIONS.

       ``(a) The Secretary shall vest in the Assistant Secretary 
     for Indian Affairs all functions with respect to formulation 
     and establishment of policy and procedure, and supervision of 
     programs and expenditures of Federal funds for the purpose of 
     Indian education administered by the Bureau. The Assistant 
     Secretary shall carry out such functions through the Director 
     of the Office of Indian Education.
       ``(b) The Director of the Office shall direct and supervise 
     the operations of all personnel directly and substantially 
     involved with provision of education services by the Bureau, 
     including (but not limited to) school or institution 
     custodial or maintenance personnel. The Assistant Secretary 
     for Indian Affairs shall provide for the adequate 
     coordination between the affected Bureau Offices and the 
     Office to facilitate the consideration of all contract 
     functions relating to education. Except as required by 
     section 6709(d), nothing in this Act shall be construed to 
     require the provision of separate support services for Indian 
     education.
       ``(c) Education personnel who are under the direction and 
     supervision of the Director of the Office in accordance with 
     the first sentence of subsection (b) shall--
       ``(1) monitor and evaluate Bureau education programs,
       ``(2) provide all services and support functions for 
     education programs with respect to personnel matters 
     involving staffing actions and functions, and
       ``(3) provide technical and coordinating assistance in 
     areas such as procurement, contracting, budgeting, personnel, 
     and curriculum.
       ``(d)(1) The Assistant Secretary shall submit in the annual 
     Budget a plan--
       ``(A) for school facilities to be constructed under the 
     system required by section 6705(c);
       ``(B) for establishing priorities among projects and for 
     the improvement and repair of education facilities, which 
     together shall form the basis for the distribution of 
     appropriated funds; and
       ``(C) including a 5-year plan for capital improvements.
       ``(2) The Assistant Secretary shall establish a program, 
     including the distribution of appropriated funds, for the 
     operation and maintenance of education facilities. Such 
     program shall include, but not be limited to--
       ``(A) a method of computing the amount necessary for each 
     education facility;
       ``(B) similar treatment of all Bureau funded schools;
       ``(C) a notice of an allocation of appropriated funds from 
     the Director of the Office directly to the appropriate 
     education line officers; and
       ``(D) a system for the conduct of routine preventive 
     maintenance.

     The appropriate education line officers shall make 
     arrangements for the maintenance of education facilities with 
     the local supervisors of the Bureau maintenance personnel who 
     are under the authority of the agency superintendent or area 
     directors, respectively. The local supervisors of Bureau 
     maintenance personnel shall take appropriate action to 
     implement the decisions made in this regard by the 
     appropriate education line officers, except that no funds 
     from this program may be authorized for expenditure unless 
     such appropriate education line officer is assured that the 
     necessary maintenance has been, or will be, provided in a 
     reasonable manner. Subject to the requirements of subsection 
     (b) of this section, nothing in this Act shall be construed 
     to require the provision of separate operations and 
     maintenance personnel for the Office.
       ``(3) The requirements of this subsection shall be 
     implemented no later than July 1, 1995.
       ``(e) Any other provision of law notwithstanding, the 
     Director shall promulgate guidelines for the establishment of 
     mechanisms for the acceptance of gifts and bequests for the 
     use of, and benefit of, particular schools or designated 
     Bureau operated education programs, including, where 
     appropriate, the establishment and administration of trust 
     funds. When a Bureau operated program is the beneficiary of 
     such a gift or bequest, the Director shall make provisions 
     for monitoring its use, and shall report to the appropriate 
     committees of Congress the amount and terms of such gift and 
     bequest, the use to which it is put, and any positive results 
     achieved by such action.
       ``(f) For the purpose of this section the term `functions' 
     includes powers and duties.

     ``SEC. 6707. ALLOTMENT FORMULA.

       ``(a) The Secretary shall establish, by regulation adopted 
     in accordance with section 6719, a formula for determining 
     the minimum annual amount of funds necessary to sustain each 
     Bureau funded school. In establishing such formula, the 
     Secretary shall consider--
       ``(1) the number of eligible Indian students served and 
     size of the school;
       ``(2) special cost factors, such as--
       ``(A) isolation of the school;
       ``(B) need for special staffing, transportation, or 
     educational programs;
       ``(C) food and housing costs;
       ``(D) maintenance and repair costs associated with the 
     physical condition of the educational facilities;
       ``(E) special transportation and other costs of isolated 
     and small schools;
       ``(F) the costs of boarding arrangements, where determined 
     necessary by a tribal governing body or designated local 
     school board;
       ``(G) costs associated with greater lengths of service by 
     educational personnel; and
       ``(H) special programs for gifted and talented students;
       ``(3) the cost of providing academic services which are at 
     least equivalent to those provided by public schools in the 
     State in which the school is located; and
       ``(4) such other relevant factors as the Secretary 
     determines are appropriate.

     Upon the establishment of the standards required by sections 
     6701 and 6702 of this Act, the Secretary shall revise the 
     formula established under this subsection to reflect the cost 
     and funding standards so established. Prior to January 1, 
     1995, the Secretary shall review the formula established 
     under this section and shall take such steps as may be 
     necessary to increase the availability of counseling services 
     for students in off-reservation boarding schools and other 
     Bureau operated residential facilities. Concurrent with such 
     action, the Secretary shall review the standards established 
     under section 6701 of this title to be certain that adequate 
     provision is made for parental notification regarding, and 
     consent for, such counseling services.
       ``(b) Notwithstanding any other provisions of law, Federal 
     funds appropriated for the general local operation of Bureau 
     funded schools, shall be allotted pro rata in accordance with 
     the formula established under subsection (a).
       ``(c)(1) For fiscal year 1990, and for each subsequent 
     fiscal year, the Secretary shall adjust the formula 
     established under subsection (a) to--
       ``(A) use a weighted unit of 1.2 for each eligible Indian 
     student enrolled in the seventh and eighth grades of the 
     school in considering the number of eligible Indian students 
     served by the school;
       ``(B) consider a school with an enrollment of less than 50 
     eligible Indian students as having an average daily 
     attendance of 50 eligible Indian students for purposes of 
     implementing the adjustment factor for small schools; and
       ``(C) take into account the provision of residential 
     services on a less than 9-month basis at a school when the 
     school board and supervisor of the school determine that a 
     less than 9-month basis will be implemented for the school 
     year involved.
       ``(2)(A) The Secretary shall reserve for national school 
     board training 0.2 percent of the funds appropriated for each 
     fiscal year for distribution under this section. Such 
     training shall be conducted through the same organizations 
     through which, and in the same manner in which, the training 
     was conducted in fiscal year 1992. If the contract for such 
     training is not awarded before May 1 of each fiscal year, the 
     contract under which such training was provided for the 
     fiscal year preceding such fiscal year shall be renewed by 
     the Secretary for such fiscal year. The agenda for the 
     training sessions shall be established by the school boards 
     through their regional or national organizations.
       ``(B) For each year in which the Secretary uses a weighted 
     unit formula established under subsection (a) to fund Bureau 
     schools, a Bureau school which generates less than 168 
     weighted units shall receive an additional 2 weighted units 
     to defray school board activities.
       ``(C) From the funds allotted in accordance with the 
     formula established under subsection (a) for each Bureau 
     school, the local school board of such school may reserve an 
     amount which does not exceed the greater of--
       ``(i) $5,000, or
       ``(ii) the lesser of--
       ``(I) $15,000, or
       ``(II) 1 percent of such allotted funds,

     for school board activities for such school, including but 
     not limited to, and notwithstanding any other provision of 
     law, meeting expenses and the cost of membership in, and 
     support of, organizations engaged in activities on behalf of 
     Indian education.
       ``(3)(A) The Secretary shall adjust the formula established 
     under subsection (a) to use a weighted unit of 2.0 for each 
     eligible Indian student that--
       ``(i) is gifted and talented (as determined pursuant to 
     section 6204 of the Indian Education Act of 1988), and
       ``(ii) is enrolled in the school on a full-time basis,

     in considering the number of eligible Indian students served 
     by the school.
       ``(B) The adjustment required under subparagraph (A) shall 
     be used for the later of the following fiscal years and for 
     each fiscal year succeeding such later fiscal year:
       ``(i) the second fiscal year succeeding the fiscal year in 
     which the Secretary of Education makes the report required 
     under section 6204(c)(6)(B) of the Indian Education Act of 
     1988, or
       ``(ii) the first fiscal year for which an increase in the 
     amount of funds appropriated for allotment under this section 
     is designated by the law that appropriates such funds as the 
     amount necessary to implement such adjustment without 
     reducing allotments made under this section to any school.
       ``(d) The Secretary shall reserve from the funds available 
     for distribution for each fiscal year under this section an 
     amount which, in the aggregate, shall equal 1 percent of the 
     funds available for such purpose for that fiscal year. Such 
     funds shall be used, at the discretion of the Director of the 
     Office, to meet emergencies and unforeseen contingencies 
     affecting the education programs funded under this section. 
     Funds reserved under this subsection may only be expended for 
     education services or programs at a schoolsite (as defined in 
     section 5204(c)(2) of the Tribally Controlled Schools Act of 
     1988). Funds reserved under this subsection shall remain 
     available without fiscal year limitation until expended. 
     However, the aggregate amount available from all fiscal years 
     may not exceed 1 percent of the current year funds. Whenever 
     the Secretary makes funds available under this subsection, 
     the Secretary shall report such action to the appropriate 
     committees of Congress within the annual budget submission.
       ``(e) Supplemental appropriations enacted to meet increased 
     pay costs attributable to school level personnel shall be 
     distributed under this section.
       ``(f) In this section `eligible Indian student' means a 
     student who--
       ``(1) is a member of or is at least a \1/4\ degree Indian 
     blood descendant of a member of an Indian tribe which is 
     eligible for the special programs and services provided by 
     the United States through the Bureau of Indian Affairs to 
     Indians because of their status as Indians, and
       ``(2) resides on or near an Indian reservation or meets the 
     criteria for attendance at a Bureau off-reservation boarding 
     school.
       ``(g)(1) An eligible Indian student may not be charged 
     tuition for attendance at a Bureau or contract school. A 
     student attending a Bureau school under clause (2)(C) of this 
     subsection may not be charged tuition.
       ``(2) The Secretary may permit the attendance at a Bureau 
     school of a student who is not an eligible Indian student 
     if--
       ``(A) the Secretary determines that the student's 
     attendance will not adversely affect the school's program for 
     eligible Indian students because of cost, overcrowding, or 
     violation of standards,
       ``(B) the school board consents, and
       ``(C) the student is a dependent of a Bureau, Indian Health 
     Service, or tribal government employee who lives on or near 
     the school site, or
       ``(D) a tuition is paid for the student that is not more 
     than that charged by the nearest public school district for 
     out-of-district students. The tuition collected is in 
     addition to the school's allocation under this section.
       ``(3) The school board of a contract school or grant school 
     may permit students who are not eligible Indian students 
     under this subsection to attend its contract school or grant 
     school and any tuition collected for those students is in 
     addition to funding under this section.
       ``(h)(1) The Secretary shall conduct, through contact or 
     cooperative agreement with an entity having proven expertise 
     in the field of school finance, and after consultation with 
     tribes and national Indian organizations, a study to 
     determine the feasibility and desirability of changing the 
     method of financing for Bureau funded schools from the 
     weighted student unit formula method in effect on the date of 
     enactment of this Act to a school based budget system of 
     financing. The Assistant Secretary shall take such steps as 
     are necessary to immediately implement this provision.
       ``(2) For the purposes of this study, the term `school-
     based budget system' means a system based upon an initial 
     determination, at each school site, of the number of students 
     who shall be served at the site, the needs of those students, 
     the standards which will best meet those needs (including any 
     standards or conditions reflecting local community input and 
     the program developed under this part), the personnel profile 
     necessary to establish such program and the cost (determined 
     on an actual basis) of funding such a program. Such a system 
     would include procedures to aggregate the determinations for 
     each school site to determine the amount needed to fund all 
     Bureau-funded schools, to prepare a budget submission based 
     upon such aggregate and would provide for a mechanism for 
     distributing such sums as may be appropriated based upon the 
     determination at each school site.
       ``(3) No later than January 20, 1996, the Secretary shall 
     transmit to the Committees on Education and Labor and 
     Appropriations of the House of Representatives and the 
     Committees on Indian Affairs and Appropriations of the Senate 
     of the United States the study required under this 
     subsection, along with any views or comments of the Secretary 
     on such study.
       ``(i) Any other provision of law notwithstanding, at the 
     election of the school board made at any time during the 
     fiscal year, a portion equal to no more than 15 percent of 
     the funds allocated with respect to a school under this 
     section for any fiscal year shall remain available to the 
     school for expenditure without fiscal year limitation. The 
     Assistant Secretary shall take steps as may be necessary to 
     implement this provision immediately.
       ``(j) Tuition for the out-of-State students boarding at the 
     Richfield Dormitory in Richfield, Utah, who attend Sevier 
     County high schools in Richfield, Utah, may be paid from the 
     Indian School Equalization Program funds at a rate not to 
     exceed the amount per Weighted Student Unit for that year for 
     instruction. No additional administrative cost funds will be 
     added to the grant.

     ``SEC. 6708. ADMINISTRATIVE COST GRANTS.

       ``(a)(1) The Secretary shall, subject to the availability 
     of appropriated funds, provide grants to each tribe or tribal 
     organization operating a contract or grant school in the 
     amount determined under this section with respect to the 
     tribe or tribal organization for the purpose of paying the 
     administrative and indirect costs incurred in operating 
     contract schools in order to--
       ``(A) enable tribes and tribal organizations operating such 
     schools, without reducing direct program services to the 
     beneficiaries of the program, to provide all related 
     administrative overhead services and operations necessary to 
     meet the requirements of law and prudent management practice, 
     and
       ``(B) carry out other necessary support functions which 
     would otherwise be provided by the Secretary or other Federal 
     officers or employees, from resources other than direct 
     program funds, in support of comparable Bureau operated 
     programs.
       ``(2) Amounts appropriated to fund the grants provided 
     under this section shall be in addition to, and shall not 
     reduce, the amounts appropriated for the program being 
     administered by the contract schools.
       ``(b)(1) The amount of the grant provided to each tribe or 
     tribal organization under this section for each fiscal year 
     shall be determined by applying the administrative cost 
     percentage rate of the tribe or tribal organization to the 
     aggregate of the Bureau elementary and secondary functions 
     operated by the tribe or tribal organization for which funds 
     are received from or through the Bureau. The administrative 
     cost percentage rate determined under subsection (c) does not 
     apply to other programs operated by the tribe or tribal 
     organization.
       ``(2) The Secretary shall--
       ``(A) reduce the amount of the grant determined under 
     paragraph (1) to the extent that payments for administrative 
     costs are actually received by an Indian tribe or tribal 
     organization under any Federal education program included in 
     the direct cost base of the tribe or tribal organization, and
       ``(B) take such actions as may be necessary to be 
     reimbursed by any other department or agency of the Federal 
     Government for the portion of grants made under this section 
     for the costs of administering any program for Indians that 
     is funded by appropriations made to such other department or 
     agency.
       ``(c) For purposes of this section, the administrative cost 
     percentage rate for a contract or grant school for a fiscal 
     year is equal to the percentage determined by dividing--
       ``(1) the sum of--
       ``(A) the amount equal to--
       ``(i) the direct cost base of the tribe or tribal 
     organization for the fiscal year, multiplied by
       ``(ii) the minimum base rate, plus
       ``(B) the amount equal to--
       ``(i) the standard direct cost base, multiplied by
       ``(ii) the maximum base rate, by
       ``(2) the sum of--
       ``(A) the direct cost base of the tribe or tribal 
     organization for the fiscal year, plus
       ``(B) the standard direct cost base.

     The administrative cost percentage rate shall be determined 
     to the \1/100\ of a decimal point.
       ``(d)(1)(A) Funds received by a tribe or contract or grant 
     school as grants under this section for tribal elementary or 
     secondary educational programs may be combined by the tribe 
     or contract school into a single administrative cost account 
     without the necessity of maintaining separate funding source 
     accounting.
       ``(B) Indirect cost funds for programs at the school which 
     share common administrative services with tribal elementary 
     or secondary educational programs may be included in the 
     administrative cost account described in subparagraph (A).
       ``(2) Funds received as grants under this section with 
     respect to tribal elementary or secondary education programs 
     shall remain available to the contract or grant school 
     without fiscal year limitation and without diminishing the 
     amount of any grants otherwise payable to the school under 
     this section for any fiscal year beginning after the fiscal 
     year for which the grant is provided.
       ``(3) Funds received as grants under this section for 
     Bureau funded programs operated by a tribe or tribal 
     organization under a contract or agreement shall not be taken 
     into consideration for purposes of indirect cost 
     underrecovery and overrecovery determinations by any Federal 
     agency for any other funds, from whatever source derived.
       ``(4) In applying this section and section 106 of the 
     Indian Self-Determination and Education Assistance Act with 
     respect to an Indian tribe or tribal organization that--
       ``(A) receives funds under this section for administrative 
     costs incurred in operating a contract school or a school 
     operated under the Tribally Controlled Schools Act of 1988, 
     and
       ``(B) operates 1 or more other programs under a contract or 
     grant provided under the Indian Self-Determination and 
     Education Assistance Act,

     the Secretary shall ensure that the Indian tribe or tribal 
     organization is provided with the full amount of the 
     administrative costs, and of the indirect costs, that are 
     associated with operating the contract school, a school 
     operated under the Tribally Controlled Schools Act of 1988, 
     and all of such other programs, except that funds 
     appropriated for implementation of this section shall be used 
     only to supply the amount of the grant required to be 
     provided by this section.
       ``(e) For purposes of this section--
       ``(1)(A) The term `administrative cost' means the costs of 
     necessary administrative functions which--
       ``(i) the tribe or tribal organization incurs as a result 
     of operating a tribal elementary or secondary educational 
     program,
       ``(ii) are not customarily paid by comparable Bureau 
     operated programs out of direct program funds, and
       ``(iii) are either--
       ``(I) normally provided for comparable Bureau programs by 
     Federal officials using resources other than Bureau direct 
     program funds, or
       ``(II) are otherwise required of tribal self-determination 
     program operators by law or prudent management practice.
       ``(B) The term `administrative cost' may include, but is 
     not necessarily limited to--
       ``(i) contract (or other agreement) administration;
       ``(ii) executive, policy, and corporate leadership and 
     decisionmaking;
       ``(iii) program planning, development, and management;
       ``(iv) fiscal, personnel, property, and procurement 
     management;
       ``(v) related office services and record keeping; and
       ``(vi) costs of necessary insurance, auditing, legal, 
     safety and security services.
       ``(2) The term `Bureau elementary and secondary functions' 
     means--
       ``(A) all functions funded at Bureau schools by the Office 
     of Indian Education Programs of the Bureau;
       ``(B) all programs--
       ``(i) funds for which are appropriated to other agencies of 
     the Federal Government, and
       ``(ii) which are administered for the benefit of Indians 
     through Bureau schools; and
       ``(C) all operation, maintenance, and repair funds for 
     facilities and government quarters used in the operation or 
     support of elementary and secondary education functions for 
     the benefit of Indians, from whatever source derived.
       ``(3) The term `tribal elementary or secondary educational 
     programs' means all Bureau elementary and secondary 
     functions, together with any other Bureau programs or 
     portions of programs (excluding funds for social services 
     that are appropriated to agencies other than the Bureau and 
     are expended through the Bureau, funds for major 
     subcontracts, construction, and other major capital 
     expenditures, and unexpended funds carried over from prior 
     years) which share common administrative cost functions, that 
     are operated directly by a tribe or tribal organization under 
     a contract or agreement with the Bureau.
       ``(4)(A) Except as otherwise provided in this paragraph, 
     the direct cost base of a tribe or tribal organization for 
     the fiscal year is the aggregate direct cost program funding 
     for all tribal elementary or secondary educational programs 
     operated by the tribe or tribal organization during--
       ``(i) the second fiscal year preceding such fiscal year, or
       ``(ii) if such programs have not been operated by the tribe 
     or tribal organization during the 2 preceding fiscal years, 
     the first fiscal year preceding such fiscal year.
       ``(B) In the case of Bureau elementary or secondary 
     education functions which have not previously been operated 
     by a tribe or tribal organization under contract or agreement 
     with the Bureau, the direct cost base for the initial year 
     shall be the projected aggregate direct cost program funding 
     for all Bureau elementary and secondary functions to be 
     operated by the tribe or tribal organization during that 
     fiscal year.
       ``(5) The term `maximum base rate' means 50 percent.
       ``(6) The term `minimum base rate' means 11 percent.
       ``(7) The term `standard direct cost base' means $600,000.
       ``(f)(1) Upon the enactment of the Indian Education 
     Amendments of 1988, the Secretary shall--
       ``(A) conduct such studies as may be needed to establish an 
     empirical basis for determining relevant factors 
     substantially affecting the required administrative costs of 
     tribal elementary and secondary educational programs, using 
     the formula set forth in subsection (c), and
       ``(B) a study to determine--
       ``(i) a maximum base rate which ensures that the amount of 
     the grants provided under this section will provide adequate 
     (but not excessive) funding of the administrative costs of 
     the smallest tribal elementary or secondary educational 
     programs,
       ``(ii) a minimum base rate which ensures that the amount of 
     the grants provided under this section will provide adequate 
     (but not excessive) funding of the administrative costs of 
     the largest tribal elementary or secondary educational 
     programs, and
       ``(iii) a standard direct cost base which is the aggregate 
     direct cost funding level for which the percentage determined 
     under subsection (c) will--
       ``(I) be equal to the median between the maximum base rate 
     and the minimum base rate, and
       ``(II) ensure that the amount of the grants provided under 
     this section will provide adequate (but not excessive) 
     funding of the administrative costs of tribal elementary or 
     secondary educational programs closest to the size of the 
     program.
       ``(2) The studies required under paragraph (1) shall--
       ``(A) be conducted in full consultation (in accordance with 
     section 1130) with--
       ``(i) the tribes and tribal organizations that are affected 
     by the application of the formula set forth in subsection 
     (c), and
       ``(ii) all national and regional Indian organizations of 
     which such tribes and tribal organizations are typically 
     members;
       ``(B) be conducted on-site at a representative statistical 
     sample of the tribal elementary or secondary educational 
     programs under a contract entered into with a nationally 
     reputable public accounting and business consulting firm;
       ``(C) take into account the availability of skilled labor, 
     commodities, business and automatic data processing services, 
     related Indian preference and Indian control of education 
     requirements, and any other market factors found 
     substantially to affect the administrative costs and 
     efficiency of each such tribal elementary or secondary 
     educational program studied in order to assure that all 
     required administrative activities can reasonably be 
     delivered in a cost effective manner for each such program, 
     given an administrative cost allowance generated by the 
     values, percentages, or other factors found in the studies to 
     be relevant in such formula;
       ``(D) identify, and quantify in terms of percentages of 
     direct program costs, any general factors arising from 
     geographic isolation, or numbers of programs administered, 
     independent of program size factors used to compute a base 
     administrative cost percentage in such formula; and
       ``(E) identify any other incremental cost factors 
     substantially affecting the costs of required administrative 
     cost functions at any of the tribal elementary or secondary 
     educational programs studied and determine whether the 
     factors are of general applicability to other such programs, 
     and (if so) how they may effectively be incorporated into 
     such formula.
       ``(3) In carrying out the studies required under this 
     subsection, the Secretary shall obtain the input of, and 
     afford an opportunity to participate to, the Inspector 
     General of the Department of the Interior.
       ``(4) Determinations described in paragraph (2)(C) shall be 
     based on what is pragmatically possible to do at each 
     location studied, given prudent management practice, 
     irrespective of whether required administrative services were 
     actually or fully delivered at these sites, or other services 
     were delivered instead, during the period of the study.
       ``(5) Upon completion of the studies conducted under 
     paragraph (1), but in no case later than October 1, 1989, the 
     Secretary shall submit to the Congress a report on the 
     findings of the studies, together with determinations based 
     upon such findings that would affect the definitions of terms 
     used in the formula that is set forth in subsection (c).
       ``(6) The Secretary shall include in the Bureau's 
     justification for each appropriations request for each fiscal 
     year beginning after fiscal year 1989, a projection of the 
     overall costs associated with the formula set forth in 
     subsection (c) for all tribal elementary or secondary 
     educational programs which the Secretary expects to be funded 
     in the fiscal year for which the appropriations are sought.
       ``(7) For purposes of this subsection, the size of tribal 
     elementary or secondary educational programs is determined by 
     the aggregate direct cost program funding level for all 
     Bureau funded programs which share common administrative cost 
     functions.
       ``(g)(1) There are authorized to be appropriated for each 
     fiscal year such sums as may be necessary to carry out the 
     provisions of this section.
       ``(2) If the total amount of funds necessary to provide 
     grants to tribes and tribal organizations in the amounts 
     determined under subsection (b) for a fiscal year exceeds the 
     amount of funds appropriated to carry out this section for 
     such fiscal year, the Secretary shall reduce the amount of 
     each grant determined under subsection (b) for such fiscal 
     year by an amount that bears the same relationship to such 
     excess as the amount of such grant determined under 
     subsection (b) bears to the total of all grants determined 
     under subsection (b) for all tribes and tribal organizations 
     for such fiscal year.
       ``(h)(1) Notwithstanding any other provision of this 
     section, the amount of the grants provided under this section 
     for fiscal year 1989 shall--
       ``(A) in lieu of being determined under subsection (b), be 
     determined for each tribal elementary or secondary 
     educational program on the same basis that indirect costs 
     were determined for such programs for fiscal year 1988, and
       ``(B) be subject to the provisions of subsection (d).
       ``(2) Notwithstanding any other provision of this section, 
     the amount of the grant provided under this section for 
     fiscal year 1990 with respect to each tribal elementary and 
     secondary educational program that was operated by a tribe or 
     tribal organization in fiscal year 1989 shall be equal to--
       ``(A) if the amount of the grant determined under 
     subsection (b) for fiscal year 1990 with respect to such 
     program exceeds the amount received by the tribe or tribal 
     organization with respect to such program for administrative 
     costs for fiscal year 1988 (or fiscal year 1989 if such 
     program was not operated by the tribe or tribal organization 
     during fiscal year 1988), the sum of--
       ``(i) such amount received, plus
       ``(ii) \1/3\ of the excess of--
       ``(I) such amount determined under subsection (b), over
       ``(II) such amount received, or
       ``(B) if such amount received exceeds such amount 
     determined under subsection (b), the excess of--
       ``(i) such amount received, over
       ``(ii) an amount equal to \1/3\ of the excess of--
       ``(I) such amount received, over
       ``(II) such amount determined under subsection (b).
       ``(3) Notwithstanding any other provision of this section, 
     the amount of the grants provided under this section for 
     fiscal year 1991 with respect to each tribal elementary and 
     secondary educational program that was operated by a tribe or 
     tribal organization in fiscal year 1989 shall be equal to--
       ``(A) if the amount of the grant determined under 
     subsection (b) for fiscal year 1991 with respect to such 
     program exceeds the amount received by the tribe or tribal 
     organization with respect to such program for administrative 
     costs for fiscal year 1990, the sum of--
       ``(i) such amount received, plus
       ``(ii) \1/2\ of the excess of--
       ``(I) such amount determined under subsection (b), over
       ``(II) such amount received, or
       ``(B) if such amount received exceeds such amount 
     determined under subsection (b), the excess of--
       ``(i) such amount received, over
       ``(ii) an amount equal to \1/2\ of the excess of--
       ``(I) such amount received over,
       ``(II) such amount determined under subsection (b).
       ``(i) The provisions of this section shall also apply to 
     those schools operating under the Tribally Controlled Schools 
     Act of 1988.

     ``SEC. 6709. BUDGET PREPARATION AND SUBMISSION.

       ``(a) For each fiscal year beginning after October 1, 1994, 
     and ending before October 1, 1998, the Secretary shall enter 
     into an interagency agreement with the Secretary of Education 
     for the purpose of carrying out this section. The Secretary 
     shall take such actions as are necessary to transfer 
     information requested by the Secretary of Education or the 
     entity designated under subsection (b) of this section needed 
     to carry out this section in a timely and accurate fashion.
       ``(b) The Secretary of Education, through the National 
     Center for Education Statistics, shall prepare and submit to 
     Congress the study set forth in subsection (c) of this 
     section no later than January 20, 1995, and January 20 of 
     each of the next 3 succeeding years. The Secretary of 
     Education shall transmit the report directly and without 
     substantive amendment to the Secretary of the Interior, the 
     Assistant Secretary for Indian Affairs of the Department of 
     the Interior, and the Committees on Education and Labor and 
     Appropriations of the House of Representatives and the 
     Committees on Indian Affairs and Appropriations of the Senate 
     of the United States.
       ``(c)(1) The National Center for Educational Statistics 
     (hereinafter referred to as the `Center') shall prepare for 
     each of the fiscal years covered under subsection (a) of this 
     section a report on the amount needed to achieve academic and 
     residential programs set forth in this part for Bureau-funded 
     schools funded under section 6707. Such study shall be based 
     on (A) the standards developed and implemented for Bureau-
     funded schools under section 6701 and 6702 of this part or 
     such other standards as may apply to Bureau-funded contract 
     schools or schools funded under the Tribally Controlled 
     Schools Act of 1988, (B) the student count and 
     characteristics of such schools, as determined pursuant to 
     the formula developed and implemented pursuant to section 
     6707 of this part for the preceding academic year, adjusted 
     for any changes in student demographics which the Center may 
     project, (C) the employee statistics with respect to such 
     schools for the preceding fiscal year, and (D) such other 
     factors as the Center may set forth, including but not 
     limited to age or physical condition of the schools and 
     changes in isolation.
       ``(2) Each study shall include a total projected cost for 
     attaining the standards set forth under paragraph (1), and 
     shall presume compliance with those standards. Such study 
     shall also include a projection of the cost for meeting such 
     standards for each Bureau-funded school. Such study shall 
     also include a report on any shortfall in the amount needed 
     to fund Bureau-funded schools, as determined by the study 
     conducted pursuant to this section and the appropriations 
     amount requested and enacted for the period covered by the 
     study.
       ``(d)(1) Within 24 months of the date of enactment of this 
     Act, the Secretary shall establish within the Office of 
     Indian Education Programs a Division of Budget Analysis 
     (hereinafter referred to as the `Division'). Such Division 
     shall be under the direct supervision and control of the 
     Director of the Office.
       ``(2) The Division shall have the capacity to conduct such 
     studies, surveys, or other activities as are necessary to 
     gather demographic information on Bureau-funded schools 
     (current and future) and project the amount necessary to 
     provide Indian students in such schools the educational 
     program set forth in this part.
       ``(3) The Division shall prepare projections on such 
     amounts, along with such other information as the Director of 
     the Office shall require, for each fiscal year beginning 
     after October 1, 1996. The Director of the Office and the 
     Assistant Secretary for Indian Affairs shall use such reports 
     when preparing their annual budget submissions.

     ``SEC. 6710. UNIFORM DIRECT FUNDING AND SUPPORT.

       ``(a)(1) Within six months after the date of enactment of 
     this Act, the Secretary shall establish, by regulation 
     adopted in accordance with section 6719, a system for the 
     direct funding and support of all Bureau-funded schools. Such 
     system shall allot funds, in accordance with section 6707. 
     Amounts appropriated for distribution under this section may 
     be made available under paragraph (2) or under paragraph (3), 
     as provided in the appropriation Act.
       ``(2)(A) For the purpose of affording adequate notice of 
     funding available pursuant to the allotments made by section 
     6707, amounts appropriated in an appropriation Act for any 
     fiscal year shall become available for obligation by the 
     affected schools on July 1 of the fiscal year in which they 
     are appropriated without further action by the Secretary, and 
     shall remain available for obligation through the succeeding 
     fiscal year.
       ``(B) The Secretary shall, on the basis of the amount 
     appropriated in accordance with this paragraph--
       ``(i) publish, on July 1 preceding the fiscal year for 
     which the funds are appropriated, allotments to each affected 
     school made under section 6707 of 85 percent of such 
     appropriation; and
       ``(ii) publish, no later than September 30 of such 
     preceding fiscal year, the allotments to be made under 
     section 6707 of the remaining 15 percent of such 
     appropriation, adjusted to reflect actual student attendance.
       ``(3) Notwithstanding any law or regulation, the supervisor 
     of a Bureau school may expend an aggregate of no more than 
     $35,000 of the amount allotted the school under section 6707 
     to acquire supplies and equipment for the school without 
     competitive bidding if--
       ``(A) the cost for any single item purchased does not 
     exceed $10,000;
       ``(B) the school board approves the procurement;
       ``(C) the supervisor certifies that the cost is fair and 
     reasonable;
       ``(D) the documents relating to the procurement executed by 
     the supervisor or other school staff cite this paragraph as 
     authority for the procurement; and
       ``(E) the transaction is documented in a journal maintained 
     at the school clearly identifying when the transaction 
     occurred, what was acquired and from whom, the prices paid, 
     the quantities acquired, and any other information the 
     supervisor or school board considers relevant.

     The Director shall be responsible for determining the 
     application of this paragraph, including the authorization of 
     specific individuals to carry out this authority, and shall 
     be responsible for the provision of guidelines on the use of 
     this authority and adequate training on such guidelines.
       ``(4) If a sequestration order issued under the Balanced 
     Budget and Emergency Deficit Control Act of 1985 reduces the 
     amount of funds available for allotment under section 6707 
     for any fiscal year by more than 7 percent of the amount of 
     funds available for allotment under such section during the 
     preceding fiscal year--
       ``(A) the Secretary may, notwithstanding any other 
     provision of law, use--
       ``(i) funds appropriated for the operation of any Bureau 
     school that is closed or consolidated, and
       ``(ii) funds appropriated for any program that has been 
     curtailed at any Bureau school,
     to fund allotments made under section 6707, and
       ``(B) the Secretary may waive the application of the 
     provisions of section 6701(h) with respect to the closure or 
     consolidation of a school, or the curtailment of a program at 
     a school, during such fiscal year if the funds described in 
     clauses (i) and (ii) of subparagraph (A) with respect to such 
     school are used to fund allotments made under section 6707 
     for such fiscal year.
       ``(b) In the case of all Bureau schools, allotted funds 
     shall be expended on the basis of local financial plans which 
     shall be prepared by the local school supervisor in active 
     consultation with the local school board for each school, and 
     the local school board for each school shall have the 
     authority to ratify, reject, or amend such financial plan, 
     and expenditures thereunder, and, on its own determination or 
     in response to the supervisor of the school, to revise such 
     financial plan to meet needs not foreseen at the time of 
     preparation of the financial plan. The supervisor shall 
     provide the appropriate union representative of the education 
     employees with copies of proposed draft financial plans and 
     all amendments or modifications thereto, at the same time 
     they are submitted to the local school board. The supervisor 
     of the school may appeal any such action of the local school 
     board to the appropriate education officer of the Bureau 
     agency by filing a written statement describing the action 
     and the reasons the supervisor believes such action should be 
     overturned. A copy of such statement shall be submitted to 
     the local school board and such board shall be afforded an 
     opportunity to respond, in writing, to such appeal. After 
     reviewing such written appeal and response, the appropriate 
     education officer may, for good cause, overturn the action of 
     the local school board. The appropriate education officer 
     shall transmit the determination of such appeal in the form 
     of a written opinion to such board and to such supervisor 
     identifying the reasons for overturning such action.
       ``(c) Funds for self-determination grants under section 
     103(a)(2) of the Indian Self-Determination and Education 
     Assistance Act shall not be used for providing technical 
     assistance and training in the field of education by the 
     Bureau unless such services are provided in accordance with a 
     plan, agreed to by the tribe or tribes affected and the 
     Bureau, under which control of education programs is intended 
     to be transferred to such tribe or tribes within a specific 
     period of time negotiated under such agreement. The Secretary 
     may approve applications for funding tribal divisions of 
     education and the development of tribal codes of education 
     from funds appropriated pursuant to section 104(a) of such 
     Act.
       ``(d) In the exercise of its authority under this section, 
     a local school board may request technical assistance and 
     training from the Secretary, and he shall, to the greatest 
     extent possible, provide such services, and make appropriate 
     provisions in the budget of the Office for such services.
       ``(e)(1) A financial plan under subsection (b) for a school 
     may include, at the discretion of the local administrator and 
     the school board of such school, a provision for a summer 
     program of academic and support services for students of the 
     school. Any such program may include activities related to 
     the prevention of alcohol and substance abuse. The Assistant 
     Secretary of Indian Affairs shall provide for the utilization 
     of any such school facility during any summer in which such 
     utilization is requested.
       ``(2) Notwithstanding any other provision of law, funds 
     authorized under the Act of April 16, 1934 (25 U.S.C. 452 et 
     seq.) and the Indian Education Act may be used to augment the 
     services provided in each summer program at the option, and 
     under the control, of the tribe or Indian controlled school 
     receiving such funds.
       ``(3) The Assistant Secretary of Indian Affairs, acting 
     through the Director of the Office of Indian Education 
     Programs, shall provide technical assistance and coordination 
     for any program described in paragraph (1) and shall, to the 
     extent possible, encourage the coordination of such programs 
     with any other summer programs that might benefit Indian 
     youth, regardless of the funding source or administrative 
     entity of any such program.
       ``(f)(1) From funds allotted to a Bureau school under 
     section 6707, the Secretary shall, if specifically requested 
     by the tribal governing body (within the meaning of section 
     6701(k)), implement any cooperative agreement entered into 
     between the tribe, the Bureau school board, and the local 
     public school district which meets the requirements of 
     paragraph (2) and involves the school. The tribe, the Bureau 
     school board, and the local public school district shall 
     determine the terms of the agreement. Such agreement may 
     encompass coordination of all or any part of the following:
       ``(A) Academic program and curriculum, unless the Bureau 
     school is currently accredited by a State or regional 
     accrediting entity and would not continue to be so 
     accredited.
       ``(B) Support services, including procurement and 
     facilities maintenance.
       ``(C) Transportation.
       ``(2) Each agreement entered into pursuant to the authority 
     provided in paragraph (1) shall confer a benefit upon the 
     Bureau school commensurate with the burden assumed, though 
     this requirement shall not be construed so as to require 
     equal expenditures or an exchange of similar services.
       ``(g) Any other provision of law notwithstanding, where 
     there is agreement on such action between the superintendent 
     and school board of a B.I.A. funded school, the product or 
     result of a project conducted in whole or in major part by a 
     student may be given to that student upon the completion of 
     said project.
       ``(h) Notwithstanding any other provision of law, funds 
     received by Bureau funded schools under this title shall not 
     be considered Federal funds for purposes of meeting a match 
     requirement in any Federal program.

     ``SEC. 6711. POLICY FOR INDIAN CONTROL OF INDIAN EDUCATION.

       ``(a) It shall be the policy of the the Secretary and the 
     Bureau, in carrying out the functions of the Bureau, to 
     facilitate Indian control of Indian affairs in all matters 
     relating to education.
       ``(b)(1) All actions under this Act shall be done with 
     active consultation with tribes.
       ``(2) The consultation required under paragraph (1) means a 
     process involving the open discussion and joint deliberation 
     of all options with respect to potential issues or changes 
     between the Bureau and all interested parties. During such 
     discussions and joint deliberations, interested parties 
     (including, but not limited to, tribes and school officials) 
     shall be given an opportunity to present issues including 
     proposals regarding changes in current practices or programs 
     which will be considered for future action by the Bureau. All 
     interested parties shall be given an opportunity to 
     participate and discuss the options presented or to present 
     other alternatives, with the views and concerns of the 
     interested parties given effect unless the Secretary 
     determines, from information educed or presented by the 
     interested parties during 1 or more of the discussions and 
     deliberations, that there is a substantial reason for another 
     course of action. The Secretary shall submit to any Member of 
     Congress, within 18 days of the receipt of a written request 
     by such Member, a written explanation of any decision made by 
     the Secretary which is not consistent with the views of the 
     interested parties.

     ``SEC. 6712. EDUCATION PERSONNEL.

       ``(a)(1) Chapter 51, subchapter III of chapter 53, and 
     chapter 63 of title 5, United States Code, relating to leave, 
     pay, and classification, and the sections relating to the 
     appointment, promotion and removal of civil service 
     employees, shall not apply to educators or to education 
     positions (as defined in subsection (n)).
       ``(2) Paragraph (1) shall take effect 1 year after the date 
     of enactment of this Act.
       ``(b) Not later than the effective date of subsection 
     (a)(2), the Secretary shall prescribe regulations to carry 
     out this section. Such regulations shall govern--
       ``(1) the establishment of education positions,
       ``(2) the establishment of qualifications for educators,
       ``(3) the fixing of basic compensation for educators and 
     education positions,
       ``(4) the appointment of educators,
       ``(5) the discharge of educators,
       ``(6) the entitlement of educators to compensation,
       ``(7) the payment of compensation to educators,
       ``(8) the conditions of employment of educators,
       ``(9) the length of the school year applicable to education 
     positions described in subsection (n)(1)(A),
       ``(10) the leave system for educators, and
       ``(11) such other matters as may be appropriate.
       ``(c)(1) In prescribing regulations to govern the 
     qualifications of educators, the Secretary shall require--
       ``(A)(i) that lists of qualified and interviewed applicants 
     for education positions be maintained in each agency and area 
     office of the Bureau from among individuals who have applied 
     at the agency or area level for an education position or who 
     have applied at the national level and have indicated in such 
     application an interest in working in certain areas or 
     agencies; and
       ``(ii) that a list of qualified and interviewed applicants 
     for education positions be maintained in the Office from 
     among individuals who have applied at the national level for 
     an education position and who have expressed interest in 
     working in an education position anywhere in the United 
     States;
       ``(B) that a local school board shall have the authority to 
     waive on a case-by-case basis, any formal education or degree 
     qualifications established by regulation pursuant to 
     subsection (b)(2), in order for a tribal member to be hired 
     in an education position to teach courses on tribal culture 
     and language and that subject to subsection (d)(2)(A), a 
     determination by a school board that such a person be hired 
     shall be followed by the supervisor; and
       ``(C) that it shall not be a prerequisite to the employment 
     of an individual in an education position at the local level 
     that such individual's name appear on the national list 
     maintained pursuant to subsection (c)(1)(A)(ii) or that such 
     individual has applied at the national level for an education 
     position.
       ``(2) The Secretary may authorize the temporary employment 
     in an education position of an individual who has not met the 
     certification standards established pursuant to regulations, 
     if the Secretary determines that failure to do so would 
     result in that position remaining vacant.
       ``(d)(1) In prescribing regulations to govern the 
     appointment of educators, the Secretary shall require--
       ``(A)(i) that educators employed in a school (other than 
     the supervisor of the school) shall be hired by the 
     supervisor of the school unless there are no qualified 
     applicants available, in which case the vacant position shall 
     be filed at the national level from the list maintained 
     pursuant to subsection (c)(1)(A)(ii);
       ``(ii) each school supervisor shall be hired by the 
     superintendent for education of the agency office of the 
     Bureau in which the school is located, and
       ``(iii) educators employed in an agency office of the 
     Bureau shall be hired by the superintendent for education of 
     the agency office;
       ``(B) that before an individual is employed in an education 
     position in a school by the supervisor of a school (or, with 
     respect to the position of supervisor, by the appropriate 
     agency superintendent for education), the local school board 
     for the school shall be consulted, and that subject to 
     subsection (d)(2), a determination by the school board that 
     such individual should or should not be so employed shall be 
     followed by the supervisor (or with respect to the position 
     of supervisor, by the agency superintendent for education); 
     and
       ``(C) that before an individual may be employed in an 
     education position at the agency level, the appropriate 
     agency school board shall be consulted, and that, subject to 
     subsection (d)(3), a determination by such school board that 
     such individual should or should not be employed shall be 
     followed by the agency superintendent for education.
       ``(2)(A) The supervisor of a school may appeal to the 
     appropriate agency superintendent for education any 
     determination by the local school board for the school that 
     an individual be employed, or not be employed, in an 
     education position in the school (other than that of 
     supervisor) by filing a written statement describing the 
     determination and the reasons the supervisor believes such 
     determination should be overturned. A copy of such statement 
     shall be submitted to the local school board and such board 
     shall be afforded an opportunity to respond, in writing, to 
     such appeal. After reviewing such written appeal and 
     response, the superintendent may, for good cause, overturn 
     the determination of the local school board. The 
     superintendent shall transmit the determination of such 
     appeal in the form of a written opinion to such board and to 
     such supervisor identifying the reasons for overturning such 
     determination.
       ``(B) The superintendent for education of an agency office 
     of the Bureau may appeal to the Director of the Office any 
     determination by the local school board for the school that 
     an individual be employed, or not be employed, as the 
     supervisor of a school by filing a written statement 
     describing the determination and the reasons the supervisor 
     believes such determination should be overturned. A copy of 
     such statement shall be submitted to the local school board 
     and such board shall be afforded an opportunity to respond, 
     in writing, to such appeal. After reviewing such written 
     appeal and response, the Director may, for good cause, 
     overturn the determination of the local school board. The 
     Director shall transmit the determination of such appeal in 
     the form of a written opinion to such board and to such 
     superintendent identifying the reasons for overturning such 
     determination.
       ``(3) The superintendent for education of an agency office 
     of the Bureau may appeal to the Director of the Office any 
     determination by the agency school board that an individual 
     be employed, or not be employed, in an education position in 
     such agency office by filing a written statement describing 
     the determination and the reasons the supervisor believes 
     such determination should be overturned. A copy of such 
     statement shall be submitted to the agency school board and 
     such board shall be afforded an opportunity to respond, in 
     writing, to such appeal. After reviewing such written appeal 
     and response, the Director may, for good cause, overturn the 
     determination of the agency school board. The Director shall 
     transmit the determination of such appeal in the form of a 
     written opinion to such board and to such superintendent 
     identifying the reasons for overturning such determination.
       ``(4) Any individual who applies at the local level for an 
     education position shall state on such individual's 
     application whether or not such individual has applied at the 
     national level for an education position in the Bureau. If 
     such individual is employed at the local level, such 
     individual's name shall immediately be forwarded to the 
     Secretary, who shall, as soon as possible but in no event in 
     more than thirty days, ascertain the accuracy of the 
     statement made by such individual pursuant to the first 
     sentence of this subparagraph. If the individual's statement 
     is found to have been false, such individual, at the 
     Secretary's discretion, may be disciplined or discharged. If 
     the individual had applied at the national level for an 
     education position in the Bureau, if the appointment of such 
     individual at the local level shall be conditional for a 
     period of ninety days, during which period the Secretary may 
     appoint a more qualified individual (as determined by the 
     Secretary) from the list maintained at the national level 
     pursuant to subsection (c)(1)(A)(ii) to the position to which 
     such individual was appointed.
       ``(5) Except as expressly provided, nothing in this section 
     shall be construed as conferring upon local school boards, 
     authority over, or control of, educators.
       ``(e)(1) In prescribing regulations to govern the discharge 
     and conditions of employment of educators, the Secretary 
     shall require--
       ``(A) that procedures be established for the rapid and 
     equitable resolution of grievances of educators;
       ``(B) that no educator may be discharged without notice of 
     the reasons therefore and opportunity for a hearing under 
     procedures that comport with the requirements of due process; 
     and
       ``(C) educators employed in Bureau schools shall be 
     notified sixty days prior to the end of the school year 
     whether their employment contract will be renewed for the 
     coming year.
       ``(2) The supervisor of a Bureau school may discharge 
     (subject to procedures established under paragraph (1)(B) for 
     cause (as determined under regulations prescribed by the 
     Secretary) any educator employed in such school. Upon giving 
     notice of proposed discharge to an educator, the supervisor 
     involved shall immediately notify the local school board for 
     the school of such action. A determination by the local 
     school board that such educator shall not be discharged shall 
     be followed by the supervisor. The supervisor shall have the 
     right to appeal such action to the superintendent for 
     education of the appropriate agency office of the Bureau. 
     Upon such an appeal, the agency superintendent for education 
     may, for good cause and in writing to the local school board, 
     overturn the determination of the local school board with 
     respect to the employment of such individual.
       ``(3) Each local school board for a Bureau school shall 
     have the right (A) to recommend to the supervisor of such 
     school that an educator employed in the school be discharged, 
     and (B) to recommend to the superintendent of education of 
     the appropriate agency office of the Bureau and to the 
     Director of the Office, that the supervisor of the school be 
     discharged.
       ``(f)(1) Notwithstanding any provision of the Indian 
     preference laws, such laws shall not apply in the case of any 
     personnel action within the purview of this section 
     respecting an applicant or employee not entitled to Indian 
     preference if each tribal organization concerned grants, in 
     writing, a waiver of the application of such laws with 
     respect to such personnel action, where such a waiver is in 
     writing deemed to be a necessity by the tribal organization, 
     except that this shall in no way relieve the Bureau of its 
     responsibility to issue timely and adequate announcements and 
     advertisements concerning any such personnel action if it is 
     intended to fill a vacancy (no matter how such vacancy is 
     created).
       ``(2) For purposes of this subsection, the term `tribal 
     organization' means--
       ``(A) the recognized governing body of any Indian tribe, 
     band, nation, pueblo, or other organized community, including 
     a Native village (as defined in section 3(c) of the Alaska 
     Native Claims Settlement Act (43 U.S.C. 1602(c); 85 Stat. 
     688)); or
       ``(B) in connection with any personnel action referred to 
     in this subsection, any local school board as defined in 
     section 1139, and which has been delegated by such governing 
     body the authority to grant a waiver under such subsection 
     with respect to such personnel action.
       ``(3) The term `Indian preference laws' means section 12 of 
     the Act of June 18, 1934 (25 U.S.C. 472; 48 Stat. 986) or any 
     other provision of law granting a preference to Indians in 
     promotions and other personnel actions, except that such term 
     shall not be considered to include section 7(b) of the Indian 
     Self-Determination and Education Assistance Act (25 U.S.C. 
     450e(b); 88 Stat. 2295).
       ``(g) Subject to the authority of the Civil Service 
     Commission to determine finally the applicability of chapter 
     51 of title 5, United States Code, to specific positions and 
     employees in the executive branch, the Secretary shall 
     determine in accordance with subsection (a)(1) the 
     applicability or inapplicability of such chapter to positions 
     and employees in the Bureau.
       ``(h)(1)(A) Except as otherwise provided in this section, 
     the Secretary shall fix the basic compensation or annual 
     salary rate for educators and education positions at rates 
     comparable to the rates in effect under the General Schedule 
     for individuals with comparable qualifications, and holding 
     comparable positions, to whom chapter 51 is applicable or on 
     the basis of the Federal Wage System schedule in effect for 
     the locality.
       ``(B) By no later than October 28, 1988, the Secretary 
     shall establish, for contracts for the 1991-1992 academic 
     year, and thereafter, the rates of basic compensation, or 
     annual salary rates, for the positions of teachers and 
     counselors (including dormitory counselors and home-living 
     counselors) at the rates of basic compensation applicable (on 
     the date of enactment of such Amendments and thereafter) to 
     comparable positions in overseas schools under the Defense 
     Department Overseas Teachers Pay and Personnel Practices Act, 
     unless the Secretary establishes such rates within such 6-
     month period through collective bargaining with the 
     appropriate union representative of the education employees 
     that is recognized by the Bureau.
       ``(C) By no later than October 28, 1988, the Secretary 
     shall establish the rates of basic compensation or annual 
     salary rates for the positions of teachers and counselors 
     (including dormitory and home-living counselors)--
       ``(i) for contracts for the 1989-1990 academic year, at 
     rates which reflect \1/3\ of the changes in the rates 
     applicable to such positions on April 28, 1988, that must be 
     made to conform the rates to the rates established under 
     subparagraph (B) for such positions for contracts for the 
     1991-1992 academic year, and
       ``(ii) for contracts for the 1990-1991 academic year, at 
     rates which reflect \2/3\ of such changes.
       ``(D) The establishment of rates of basic compensation and 
     annual salary rates by the Secretary under subparagraphs (B) 
     and (C) shall not preclude the use of regulations and 
     procedures used by the Bureau before the enactment of the 
     Indian Education Amendments of 1988 in making determinations 
     regarding promotions and advancements through levels of pay 
     that are based on the merit, education, experience, or tenure 
     of the educator.
       ``(E)(i) Except as provided in clause (ii), the 
     establishment of rates of basic compensation and annual 
     salary rates by the Secretary under subparagraphs (B) and (C) 
     shall not affect the continued employment or compensation of 
     an educator who was employed in an education position on 
     October 31, 1979, and who did not make the election under 
     paragraph (2) of subsection (o).
       ``(ii) Any individual described in clause (i) may, during 
     the 5-year period beginning on the date on which the 
     Secretary establishes rates of basic compensation and annual 
     salary rates under subparagraph (B), make an irrevocable 
     election to have the basic compensation rate or annual salary 
     rate of such individual determined in accordance with this 
     paragraph.
       ``(iii) If an individual makes the election described in 
     clause (ii), such election shall not affect the application 
     to the individual of the same retirement system and leave 
     system that applies to the individual during the fiscal year 
     preceding the fiscal year in which such election is made, 
     except that the individual must use leave accrued during a 
     contract period by the end of that contract period.
       ``(F) The President shall include with the budget submitted 
     under section 1105 of title 31, United States Code, for each 
     of the fiscal years 1990, 1991, and 1992 a written statement 
     by the Secretary which specifies--
       ``(i) the amount of funds the Secretary needs to pay basic 
     compensation and the annual salaries of educators for such 
     fiscal year, and
       ``(ii) the amount of funds the Secretary estimates would be 
     needed to pay basic compensation and the annual salaries of 
     educators for such fiscal year if the amendments made to this 
     paragraph by the Indian Education Amendments of 1988 had not 
     been enacted.
       ``(2) Each educator employed in an education position in 
     Alaska shall be paid a cost-of-living allowance equal to 25 
     per centum of the rate of basic compensation to which such 
     educator is entitled.
       ``(3)(A) The Secretary may pay a postdifferential not to 
     exceed 25 per centum of the rate of basic compensation, on 
     the basis of conditions of environment or work which warrant 
     additional pay as a recruitment and retention incentive.
       ``(B)(i) Upon the request of the supervisor and the local 
     school board of a Bureau school, the Secretary shall grant 
     the supervisor of the school authorization to provide 1 or 
     more post differentials under subparagraph (A) unless the 
     Secretary determines for clear and convincing reasons (and 
     advises the board in writing of those reasons) that certain 
     of the requested post differentials should be disapproved or 
     decreased because there is no disparity of compensation for 
     the involved employees or positions in the Bureau school, as 
     compared with the nearest public school, that is either--
       ``(I) at least 5 percent, or
       ``(II) less than 5 percent and affects the recruitment or 
     retention of employees at the school.

     The request under this subparagraph shall be deemed granted 
     as requested at the end of the 60th day after the request is 
     received in the Central Office of the Bureau unless before 
     that time it is approved, approved with modification, or 
     disapproved by the Secretary.
       ``(ii) The Secretary or the supervisor of a Bureau school 
     may discontinue or decrease a post differential authorized by 
     reason of this subparagraph at the beginning of a school year 
     after either--
       ``(I) the local school board requests that it be 
     discontinued or decreased, or
       ``(II) the Secretary or the supervisor determines for clear 
     and convincing reasons (and advises the board in writing of 
     those reasons) that there is no disparity of compensation 
     that would affect the recruitment or retention of employees 
     at the school after the differential is discontinued or 
     decreased.
       ``(iii) On or before February 1 of each year, the Secretary 
     shall submit to Congress a report describing the requests and 
     grants of authority under this subparagraph during the 
     previous fiscal year and listing the positions contracted 
     under those grants of authority.
       ``(i) Any individual--
       ``(1) who on the date of enactment of this Act is holding a 
     position which is determined under subsection (f) to be an 
     education position and who elects under subsection (o)(2) to 
     be covered under the provisions of this section, or
       ``(2) who is an employee of the Federal Government or the 
     municipal government of the District of Columbia and is 
     transferred, promoted, or reappointed, without break in 
     service, from a position under a different leave system to an 
     education position,

     shall be credited for the purpose of the leave system 
     provided under regulations prescribed pursuant to subsection 
     (b)(10), with the annual and sick leave to his credit 
     immediately before the effective date of such election, 
     transfer, promotion, or reappointment.
       ``(j) Upon termination of employment with the Bureau, any 
     annual leave remaining to the credit of an individual within 
     the purview of this section shall be liquidated in accordance 
     with sections 5551(a) and 6306 of title 5, United States 
     Code, except that leave earned or accrued under regulations 
     prescribed pursuant to subsection (b)(10) shall not be so 
     liquidated.
       ``(k) In the case of any educator who is transferred, 
     promoted, or reappointed, without break in service, to a 
     position in the Federal Government under a different leave 
     system, any remaining leave to the credit of such person 
     earned or credited under the regulations prescribed pursuant 
     to subsection (b)(10) shall be transferred to his credit in 
     the employing agency on an adjusted basis in accordance with 
     regulations which shall be prescribed by the Civil Service 
     Commission.
       ``(l) An educator who voluntarily terminates employment 
     with the Bureau before the expiration of the existing 
     employment contract between such educator and the Bureau 
     shall not be eligible to be employed in another education 
     position in the Bureau during the remainder of the term of 
     such contract.
       ``(m) In the case of any educator employed in an education 
     position described in subsection (n)(1)(A) who--
       ``(1) is employed at the close of a school year,
       ``(2) agrees in writing to serve in such a position for the 
     next school year, and
       ``(3) is employed in another position during the recess 
     period immediately preceding such next school year, or during 
     such recess period receives additional compensation referred 
     to in subsection (g)(2) or (g)(3), section 5533 of title 5, 
     United States Code, relating to dual compensation, shall not 
     apply to such educator by reason of any such employment 
     during a recess period for any such receipt of additional 
     compensation.
       ``(n) For the purpose of this section--
       ``(1) The term ``education position'' means a position in 
     the Bureau the duties and responsibilities of which--
       ``(A) are performed on a school-year basis principally in a 
     Bureau school and involve--
       ``(i) classroom or other instruction or the supervision or 
     direction of classroom or other instruction;
       ``(ii) any activity (other than teaching) which requires 
     academic credits in educational theory and practice equal to 
     the academic credits in educational theory and practice 
     required for a bachelor's degree in education from an 
     accredited institution of higher education;
       ``(iii) any activity in or related to the field of 
     education notwithstanding that academic credits in 
     educational theory and practice are not a formal requirement 
     for the conduct of such activity; or
       ``(iv) support services at, or associated with, the site of 
     the school; or
       ``(B) are performed at the agency level of the Bureau and 
     involve the implementation of education-related programs 
     other than the position for agency superintendent for 
     education.
       ``(2) The term ``educator'' means an individual whose 
     services are required, or who is employed, in an education 
     position.
       ``(o)(1) Subsections (a) through (n) of this section apply 
     to an educator hired after November 1, 1979 (and to an 
     educator who elected application under paragraph (2)) and to 
     the position in which such individual is employed. Subject to 
     paragraph (2), the enactment of this Act shall not affect the 
     continued employment of an individual employed on October 31, 
     1979 in an education position, or such individual's right to 
     receive the compensation attached to such position.
       ``(2) Any individual employed in an education position on 
     October 31, 1979, may, not later than November 1, 1983, make 
     an irrevocable election to be covered under the provisions of 
     subsection (a) through (n) of this section.
       ``(p)(1) An educator who was employed in an education 
     position on October 31, 1979, who was eligible to make an 
     election under paragraph (2) of subsection (o) at that time, 
     and who did not make the election under paragraph (2) of 
     subsection (o), may not be placed on furlough (within the 
     meaning of section 7511(a)(5) of title 5, United States Code) 
     without the consent of such educator for an aggregate of more 
     than 4 weeks within the same calendar year, unless--
       ``(A) the supervisor, with the approval of the local school 
     board (or of the agency superintendent for education upon 
     appeal under paragraph (2)), of the Bureau school at which 
     such educator provides services determines that a longer 
     period of furlough is necessary due to an insufficient amount 
     of funds available for personnel compensation at such school, 
     as determined under the financial plan process as determined 
     under section 1129(b) of this Act, and
       ``(B) all educators (other than principals and clerical 
     employees) providing services at such Bureau school are 
     placed on furloughs of equal length, except that the 
     supervisor, with the approval of the local school board (or 
     of the agency superintendent for education upon appeal under 
     paragraph (2)), may continue 1 or more educators in pay 
     status if (i) they are needed to operate summer programs, 
     attend summer training sessions, or participate in special 
     activities including (but not limited to) curriculum 
     development committees, and (ii) they are selected based upon 
     their qualifications, after public notice of the minimum 
     qualifications reasonably necessary and without 
     discrimination as to supervisory, nonsupervisory, or other 
     status of the educators who apply.
       ``(2) The supervisor of a Bureau school may appeal to the 
     appropriate agency superintendent for education any refusal 
     by the local school board to approve any determination of the 
     supervisor that is described in paragraph (1)(A) by filing a 
     written statement describing the determination and the 
     reasons the supervisor believes such determination should be 
     approved. A copy of such statement shall be submitted to the 
     local school board and such board shall be afforded an 
     opportunity to respond, in writing, to such appeal. After 
     reviewing such written appeal and response, the 
     superintendent may, for good cause, approve the determination 
     of the supervisor. The superintendent shall transmit the 
     determination of such appeal in the form of a written opinion 
     to such local school board and to the supervisor identifying 
     the reasons for approving such determination.

     ``SEC. 6713. MANAGEMENT INFORMATION SYSTEM.

       ``The Secretary shall establish within the Office, within 1 
     year after the date of the enactment of the Indian Education 
     Amendments of 1984, a computerized management information 
     system, which shall provide information to the Office. Such 
     information shall include but shall not be limited to--
       ``(1) student enrollment;
       ``(2) curriculum;
       ``(3) staff;
       ``(4) facilities;
       ``(5) community demographics;
       ``(6) student assessment information; and
       ``(7) information on the administrative and program costs 
     attributable to each Bureau program, divided into discreet 
     elements.

     ``SEC. 6714. BUREAU EDUCATION POLICIES.

       ``Within 180 days of the date of enactment of this Act, the 
     Secretary shall develop, publish in the Federal Register, and 
     submit to all agency and area offices of the Bureau, all 
     tribal governments, and the appropriate committees of the 
     Congress, a draft set of education policies, procedures, and 
     practices for education-related action of the Bureau. The 
     Secretary shall, within 1 year of the date of enactment of 
     this Act, provide that such uniform policies, procedures, and 
     practices shall be finalized and promulgated. Thereafter, 
     such policies, procedures, and practices and their periodic 
     revisions, shall serve as the foundation for future Bureau 
     actions in education.

     ``SEC. 6715. UNIFORM EDUCATION PROCEDURES AND PRACTICES.

       ``The Secretary shall cause the various divisions of the 
     Bureau to formulate uniform procedures and practices with 
     respect to such concerns of those divisions as relate to 
     education, and shall report such practices and procedures to 
     the Congress.

     ``SEC. 6716. RECRUITMENT OF INDIAN EDUCATORS.

       ``The Secretary shall institute a policy for the 
     recruitment of qualified Indian educators and a detailed plan 
     to promote employees from within the Bureau. Such plan shall 
     include opportunities for acquiring work experience prior to 
     actual work assignment.

     ``SEC. 6717. ANNUAL REPORT.

       ``(a) The Secretary shall submit to each appropriate 
     committee of the Congress a detailed annual report on the 
     state of education within the Bureau and any problems 
     encountered in the field of education during the year. Such 
     report shall contain suggestions for improving the Bureau 
     educational system and increasing local Indian control of 
     such system. Such report shall also include the current 
     status of tribally controlled community colleges. The annual 
     budget submission for the Bureau's education programs shall, 
     among other things, include (1) information on the funds 
     provided previously private schools under section 208 of the 
     Indian Self-Determination and Education Assistance Act (25 
     U.S.C. 458d; 88 Stat. 2216) and recommendations with respect 
     to the future use of such funds; (2) the needs and costs of 
     operation and maintenance of tribally controlled community 
     colleges eligible for assistance under the Tribally 
     Controlled Community College Assistance Act of 1978 (92 Stat. 
     1325; 25 U.S.C. 1801 et seq.) and recommendations with 
     respect to meeting such needs and costs; and (3) the plans 
     required by section 1121(f), and 1122(c); and 1125(b) of this 
     Act (25 U.S.C. 2001(f), 2002(c), and 2005(b)).
       ``(b) The Inspector General of the Department of the 
     Interior shall establish a system to ensure that financial 
     and compliance audits are conducted of each Bureau school at 
     least once in every three years. Audits of Bureau schools 
     shall be based upon the extent to which such school has 
     complied with its local financial plan under section 1129.

     ``SEC. 6718. RIGHTS OF INDIAN STUDENTS.

       ``Within six months of the date of enactment of this Act, 
     the Secretary shall prescribe such rules and regulations as 
     are necessary to insure the constitutional and civil rights 
     of Indian students attending Bureau schools, including, but 
     not limited to, their right to privacy under the laws of the 
     United States, their right to freedom of religion and 
     expression and their right to due process in connection with 
     disciplinary actions, suspensions, and expulsions.

     ``SEC. 6719. REGULATIONS.

       ``Regulations required to be adopted under sections 6706 
     through 6718 and any revisions of the standards developed 
     under section 6701 or 6702 of this Act shall be deemed rules 
     of general applicability prescribed for the administration of 
     an applicable program for the purposes of section 431 of the 
     General Education Provisions Act and shall be promulgated, 
     submitted for congressional review, and take effect in 
     accordance with the provisions of such section. Such 
     regulations shall contain, immediately following each 
     substantive provision of such regulations, citations to the 
     particular section or sections of statutory law or other 
     legal authority upon which such provision is based.

     ``SEC. 6720. DEFINITIONS.

       ``For the purpose of this part--
       ``(1) the term `agency school board' means a body, the 
     members of which are appointed by the school boards of the 
     schools located within such agency, and the number of such 
     members shall be determined by the Secretary in consultation 
     with the affected tribes, except that, in agencies serving a 
     single school, the school board of such school shall fulfill 
     these duties;
       ``(2) the term `Bureau' means the Bureau of Indian Affairs 
     of the Department of the Interior;
       ``(3) the term `Bureau funded school' means--
       ``(A) a Bureau school;
       ``(B) a contract school; or
       ``(C) a school for which assistance is provided under the 
     Tribally Controlled Schools Act of 1988;
       ``(4) the term `Bureau school' means a Bureau operated 
     elementary or secondary day or boarding school or a Bureau 
     operated dormitory for students attending a school other than 
     a Bureau school;
       ``(5) the term `contract school' means an elementary or 
     secondary school or a dormitory which receives financial 
     assistance for its operation under a contract or agreement 
     with the Bureau under section 102, 103(a), or 208 of the 
     Indian Self-Determination and Education Assistance Act (25 
     U.S.C. 450f, 450h(a), and 458d);
       ``(6) the term `education line officer' means education 
     personnel under the supervision of the Director, whether 
     located in central, area, or agency offices;
       ``(7) the term `financial plan' means a plan of services to 
     be provided by each Bureau school;
       ``(8) the term `grant school' means a school which is 
     provided assistance under the Tribally Controlled Schools Act 
     of 1988;
       ``(9) the term `Indian organization' means any group, 
     association, partnership, corporation, or other legal entity 
     owned or controlled by a federally recognized Indian tribe or 
     tribes, or a majority of whose members are members of 
     federally recognized Indian tribes;
       ``(10) the term `local educational agency' means a board of 
     education or other legally constituted local school authority 
     having administrative control and direction of free public 
     education in a county, township, independent, or other school 
     district located within a State, and includes any State 
     agency which directly operates and maintains facilities for 
     providing free public education;
       ``(11) the term `local school board', when used with 
     respect to a Bureau school, means a body chosen in accordance 
     with the laws of the tribe to be served or, in the absence of 
     such laws, elected by the parents of the Indian children 
     attending the school, except that in schools serving a 
     substantial number of students from different tribes, the 
     members shall be appointed by the governing bodies of the 
     tribes affected; and the number of such members shall be 
     determined by the Secretary in consultation with the affected 
     tribes;
       ``(12) the term `Office' means the Office of Indian 
     Education Programs within the Bureau;
       ``(13) the term `Secretary' means the Secretary of the 
     Interior;
       ``(14) the term `supervisor' means the individual in the 
     position of ultimate authority at a Bureau school; and
       ``(15) the term `tribe' means any Indian tribe, band, 
     nation, or other organized group or community, including any 
     Alaska Native village or regional or village corporation as 
     defined in or established pursuant to the Alaska Native 
     Claims Settlement Act (85 Stat. 688) which is recognized as 
     eligible for the special programs and services provided by 
     the United States to Indians because of their status as 
     Indians.

     ``SEC. 6721. VOLUNTARY SERVICES.

       ``Notwithstanding section 1342 of title 31, United States 
     Code, the Secretary may, subject to the approval of the local 
     school board concerned, accept voluntary services on behalf 
     of Bureau schools. Nothing in this title shall be construed 
     to require Federal employees to work without compensation or 
     to allow the use of volunteer services to displace or replace 
     Federal employees. An individual providing volunteer services 
     under this section is a Federal employee only for purposes of 
     chapter 81 of title 5, United States Code, and chapter 171 of 
     title 28, United States Code.

     ``SEC. 6722. PRORATION OF PAY.

       ``(a) Notwithstanding any other provision of law, including 
     laws relating to dual compensation, the Secretary, at the 
     election of the employee, shall prorate the salary of an 
     employee employed in an education position for the academic 
     school-year over the entire twelve month period. Each 
     educator employed for the academic school-year shall annually 
     elect to be paid on a twelve month basis or for those months 
     while school is in session. No educator shall suffer a loss 
     of pay or benefits, including benefits under unemployment or 
     other Federal or federally-assisted programs, because of such 
     election.
       ``(b) During the course of such year the employee may 
     change election once.
       ``(c) That portion of the employee's pay which would be 
     paid between academic school years may be paid in lump sum at 
     the election of the employee.
       ``(d) For the purposes of this section the terms 
     ``educator'' and ``education position'' have the meaning 
     contained in section 6712(n)(1) and (n)(2) of this title. 
     This section applies to those individuals employed under the 
     provisions of section 6712 of this title or title 5, United 
     States Code.

     ``SEC. 6723. EXTRACURRICULAR ACTIVITIES.

       ``(a) Notwithstanding any other provision of law, the 
     Secretary may provide, for each Bureau area, a stipend in 
     lieu of overtime premium pay or compensatory time off. Any 
     employee of the Bureau who performs additional activities to 
     provide services to students or otherwise support the 
     school's academic and social programs may elect to be 
     compensated for all such work on the basis of the stipend. 
     Such stipend shall be paid as a supplement to the employee's 
     base pay.
       ``(b) If an employee elects not to be compensated through 
     the stipend established by this section, the appropriate 
     provisions of title 5, United States Code, shall apply.
       ``(c) This section applies to all Bureau employees, whether 
     employed under section 6712 of this title or title 5, United 
     States Code.

     ``SEC. 6724. EARLY CHILDHOOD DEVELOPMENT PROGRAM.

       ``(a) The Secretary shall provide grants to tribes, tribal 
     organizations, and consortia of tribes and tribal 
     organizations to fund early childhood development programs 
     that are operated by such tribes, organizations, or 
     consortia.
       ``(b)(1) The total amount of the grants provided under 
     subsection (a) with respect to each tribe, tribal 
     organization, or consortium of tribes or tribal organizations 
     for each fiscal year shall be equal to the amount which bears 
     the same relationship to the total amount appropriated under 
     the authority of subsection (f) for such fiscal year (less 
     amounts provided under subsection (e)) as--
       ``(A) the total number of children under 6 years of age who 
     are members of--
       ``(i) such tribe,
       ``(ii) the tribe that authorized such tribal organization, 
     or
       ``(iii) any tribe that--
       ``(I) is a member of such consortium, or
       ``(II) authorizes any tribal organization that is a member 
     of such consortium, bears to
       ``(B) the total number of all children under 6 years of age 
     who are members of any tribe that--
       ``(i) is eligible to receive funds under subsection (a),
       ``(ii) is a member of a consortium that is eligible to 
     receive such funds, or
       ``(iii) authorizes a tribal organization that is eligible 
     to receive such funds.
       ``(2) No grant may be provided under subsection (a)--
       ``(A) to any tribe that has less than 500 members,
       ``(B) to any tribal organization which is authorized--
       ``(i) by only 1 tribe that has less than 500 members, or
       ``(ii) by 1 or more tribes that have a combined total 
     membership of less than 500 members, or
       ``(C) to any consortium composed of tribes, or tribal 
     organizations authorized by tribes, that have a combined 
     total tribal membership of less than 500 members.
       ``(c)(1) A grant may be provided under subsection (a) to a 
     tribe, tribal organization, or consortia of tribes and tribal 
     organizations only if the tribe, organization or consortia 
     submits to the Secretary an application for the grant at such 
     time and in such form as the Secretary shall prescribe.
       ``(2) Applications submitted under paragraph (1) shall set 
     forth the early childhood development program that the 
     applicant desires to operate.
       ``(d) The early childhood development programs that are 
     funded by grants provided under subsection (a)--
       ``(1) shall coordinate existing programs and may provide 
     services that meet identified needs of parents and children 
     under 6 years of age which are not being met by existing 
     programs, including--
       ``(A) prenatal care,
       ``(B) nutrition education,
       ``(C) health education and screening,
       ``(D) educational testing, and
       ``(E) other educational services,
       ``(2) may include instruction in the language, art, and 
     culture of the tribe, and
       ``(3) shall provide for periodic assessment of the program.
       ``(e) The Secretary shall, out of funds appropriated under 
     the authority of subsection (f), include in the grants 
     provided under subsection (a) amounts for administrative 
     costs incurred by the tribe or tribal organization in 
     establishing and maintaining the early childhood development 
     program.
       ``(f) For the purpose of carrying out the provisions of 
     this section, there are authorized to be appropriated 
     $5,000,000 for fiscal year 1995 and such sums as may be 
     necessary for each of the fiscal years 1996, 1997, 1998, and 
     1999.

     ``SEC. 6725. TRIBAL DEPARTMENTS OF EDUCATION.

       ``(a) Subject to the availability of appropriations, the 
     Secretary shall provide grants and technical assistance to 
     tribes for the development and operation of tribal 
     departments of education for the purpose of planning and 
     coordinating all educational programs of the tribe.
       ``(b) Grants provided under this section shall--
       ``(1) be based on applications from the governing body of 
     the tribe,
       ``(2) reflect factors such as geographic and population 
     diversity,
       ``(3) facilitate tribal control in all matters relating to 
     the education of Indian children on Indian reservations and 
     on former Indian reservations in Oklahoma,
       ``(4) provide for the development of coordinated 
     educational programs on Indian reservations (including all 
     preschool, elementary, secondary, and higher or vocational 
     educational programs funded by tribal, Federal, or other 
     sources) by encouraging tribal administrative support of all 
     Bureau funded educational programs as well as encouraging 
     tribal cooperation and coordination with all educational 
     programs receiving financial support from State agencies, 
     other Federal agencies, or private entities,
       ``(5) provide for the development and enforcement of tribal 
     educational codes, including tribal educational policies and 
     tribal standards applicable to curriculum, personnel, 
     students, facilities, and support programs, and
       ``(6) otherwise comply with regulations for grants under 
     section 103(a) of the Indian Self-Determination and 
     Educational Assistance Act (25 U.S.C. 450h) that are in 
     effect on the date application for such grants are made.
       ``(c)(1) In approving and funding applications for grants 
     under this section, the Secretary shall give priority to any 
     application that--
       ``(A) includes assurances from the majority of Bureau 
     funded schools located within the boundaries of the 
     reservation of the applicant that the tribal department of 
     education to be funded under this section will provide 
     coordinating services and technical assistance to all of such 
     schools, including (but not limited to) the submission to 
     each applicable agency of a unified application for funding 
     for all of such schools which provides that--
       ``(i) no administrative costs other than those attributable 
     to the individual programs of such schools will be associated 
     with the unified application, and
       ``(ii) the distribution of all funds received under the 
     unified application will be equal to the amount of funds 
     provided by the applicable agency to which each of such 
     schools is entitled under law,
       ``(B) includes assurances from the tribal governing body 
     that the tribal department of education funded under this 
     section will administer all contracts or grants (except those 
     covered by the other provisions of this title and the 
     Tribally Controlled Community College Assistance Act of 1978) 
     for education programs administered by the tribe and will 
     coordinate all of the programs to the greatest extent 
     possible,
       ``(C) includes assurances for the monitoring and auditing 
     by or through the tribal department of education of all 
     education programs for which funds are provided by contract 
     or grant to ensure that the programs meet the requirements of 
     law, and
       ``(D) provides a plan and schedule for--
       ``(i) the assumption over the term of the grant by the 
     tribal department of education of all assets and functions of 
     the Bureau agency office associated with the tribe, insofar 
     as those responsibilities relate to education, and
       ``(ii) the termination by the Bureau of such operations and 
     office at the time of such assumption,

     but when mutually agreeable between the tribal governing body 
     and the Assistant Secretary, the period in which such 
     assumption is to occur may be modified, reduced, or extended 
     after the initial year of the grant.
       ``(2) Subject to the availability of appropriated funds, 
     grants provided under this section shall be provided for a 
     period of 3 years and the grant may, if performance by the 
     grantee is satisfactory to the Secretary, be renewed for 
     additional 3-year terms.
       ``(d) The Secretary shall not impose any terms, conditions, 
     or requirements on the provision of grants under this section 
     that are not specified in this section.
       ``(e) For the purpose of carrying out the provisions of 
     this section, there are authorized to be appropriated 
     $2,000,000 for fiscal year 1995 and such sums as may be 
     necessary for each of the fiscal years 1996, 1997, 1998, and 
     1999.

     ``SEC. 6726. PAYMENTS.

       ``(a)(1) Except as otherwise provided in this subsection, 
     the Secretary shall make payments to grantees under this part 
     in 2 payments:
       ``(A) one payment to be made no later than July 1 of each 
     year in an amount equal to one-half of the amount which the 
     grantee was entitled to receive during the preceding academic 
     year, and
       ``(B) the second payment, consisting of the remainder to 
     which the grantee is entitled for the academic year, shall be 
     made no later than December 1 of each year.
       ``(2) For any school for which no payment was made from 
     Bureau funds in the preceding academic year, full payment of 
     the amount computed for the first academic year of 
     eligibility under this part shall be made no later than 
     December 1 of the academic year.
       ``(3) With regard to funds for grantees that become 
     available for obligation on October 1 of the fiscal year for 
     which they are appropriated, the Secretary shall make 
     payments to grantees no later than December 1 of the fiscal 
     year.
       ``(4) The provisions of the Prompt Payment Act (31 U.S.C. 
     3901 et seq.) shall apply to the payments required to be made 
     by paragraphs (1), (2), and (3) of this subsection.
       (b) Paragraph (3) is amended by striking ``Paragraphs (1) 
     and (2)'' and inserting in lieu thereof ``Paragraphs (1), 
     (2), and (3)'', and is renumbered as paragraph ``(5)''.

  The CHAIRMAN. Are there amendments to this title? If not, the Clerk 
will designate title VII. The text of title VII is as follows:
               ``TITLE VII--BILINGUAL EDUCATION PROGRAMS

     ``SEC. 7001. SHORT TITLE.

       ``This title may be cited as the `Bilingual Education Act'.

     ``SEC. 7002. FINDINGS, POLICY, AND PURPOSE.

       ``(a) Findings.--The Congress finds that--
       ``(1) language-minority Americans constitute a large and 
     growing proportion of the Nation's population;
       ``(2) language-minority Americans speak virtually all world 
     languages plus many that are indigenous to the United States;
       ``(3) the presence of language-minority Americans is 
     related in part to Federal immigration policies;
       ``(4) many language-minority Americans are limited in their 
     English proficiency, and many have limited education and 
     income;
       ``(5) limited-English-proficient children and youth, like 
     all other children and youth, have diverse educational needs 
     and strengths and therefore require access to all educational 
     programs and services;
       ``(6) the Federal Government has a responsibility for the 
     education of American Indians and a special obligation to 
     Native Alaskans, Native Hawaiians and native residents of the 
     territories and freely associated nations to redress the 
     effect of past Federal policies;
       ``(7) institutions of higher education can assist in 
     preparing teachers, administrators and other school personnel 
     to understand and build upon the educational strengths and 
     needs of language-minority and culturally diverse student 
     enrollments;
       ``(8) it is the purpose of this title to help ensure that 
     limited-English-proficient students master English and 
     develop high levels of academic attainment in content areas;
       ``(9) quality bilingual education programs enable children 
     and youth to learn English and meet high academic standards 
     including proficiency in more than one language;
       ``(10) as the world becomes increasingly interdependent and 
     as international communication becomes a daily occurrence in 
     government, business, commerce, and family life, multilingual 
     skills constitute an important national resource which 
     deserves protection and development;
       ``(11) educational technology has the potential for 
     improving the education of language-minority and limited-
     English-proficient students and their families, and the 
     Federal Government should foster this development;
       ``(12) research, development, implementation and 
     dissemination of effective bilingual education methods, 
     practices, and programs for limited-English-proficient 
     children are essential to systemwide school reform that 
     improves education for all children; and
       ``(13) a recognized means by which a child learns is 
     through the use of the child's native language, cultural 
     heritage, and instructional programs which use and build upon 
     a child's non-English native language and cultural heritage 
     to promote parent and community involvement in education, 
     student self-esteem, proficiency in English, and subject 
     matter achievement.
       ``(b) Policy.--The Congress declares it to be the policy of 
     the United States, in order to ensure equal educational 
     opportunity for all children and youth and to promote 
     educational excellence, to assist State and local educational 
     agencies, institutions of higher education, and community-
     based organizations to build their capacity to establish, 
     implement, and sustain programs of instruction for language 
     minority and limited-English-proficient children and youth.
       ``(c) Purpose.--The purpose of this title is to educate 
     language minority and limited-English-proficient children and 
     youth to meet the same rigorous standards for academic 
     performance expected of all children and youth, including 
     meeting challenging State performance standards in academic 
     areas by developing--
       ``(1) systemic improvement and reform of educational 
     programs serving language-minority and limited-English-
     proficient students through the development and 
     implementation of exemplary bilingual education programs and 
     special alternative instruction programs;
       ``(2) data collection and dissemination, research, 
     materials development, and technical assistance which is 
     focused on school improvement for language-minority and 
     limited-English-proficient students; and
       ``(3) programs which strengthen and improve the 
     professional training of educational personnel who work with 
     limited-English-proficient and language-minority students.

     ``SEC. 7003. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) In General.--For the purpose of carrying out the 
     provisions of this title (except part F), there are 
     authorized to be appropriated $215,000,000 for the fiscal 
     year 1995 and such sums as may be necessary for each of the 
     fiscal years 1996, 1997, 1998, and 1999.
       ``(b) Distribution.--From the sums appropriated under 
     subsection (a) for any fiscal year, the Secretary shall 
     reserve at least 25 percent for part C of this title.

     ``SEC. 7004. DEFINITIONS; REGULATIONS

       ``(a) General Rule.--For purposes of this title--
       ``(1) The term `native language', when used with reference 
     to an individual, means the language normally used by such 
     individuals, or, in the case of a child, the language 
     normally used by the parents of the child.
       ``(2) The term `language-minority' means--
       ``(A) individuals whose native language is other than 
     English;
       ``(B) individuals who usually speak a language other than 
     English or come from home environments where a language other 
     than English is usually spoken; or
       ``(C) American Indians, Alaskan Natives, and Native 
     Hawaiians and native residents of the territories and freely 
     associated nations.
       ``(3) The term `limited-English-proficient' means a 
     language-minority person who has difficulty understanding, 
     speaking, reading, or writing the English language at a level 
     appropriate to his or her age and grade and is, thereby, 
     academically disadvantaged in programs conducted exclusively 
     in English.
       ``(4) The term `bilingual education' refers to educational 
     programs for limited-English-proficient students which make 
     instructional use of both English and a student's native 
     language. Programs of bilingual education must enable 
     limited-English-proficient students to achieve English 
     proficiency and academic mastery of subject matter content 
     and higher order skills, including critical thinking, so as 
     to meet age-appropriate grade-promotion and graduation 
     standards in concert with national education goals. Bilingual 
     education programs may also develop the native language 
     skills of limited-English-proficient students, or ancestral 
     languages of American Indians, Alaskan Natives, Native 
     Hawaiians and native residents of the territories and freely 
     associated nations. English proficient students may 
     participate in bilingual education programs if the programs 
     are designed to enable all enrolled students to become 
     proficient in English and a second language.
       ``(5) The term `special alternative instructional program' 
     refers to educational programs for limited-English-proficient 
     students which utilize specially designed English language 
     curricula and services but do not use the student's native 
     language for instructional purposes. Special alternative 
     instructional programs must enable limited-English-proficient 
     students to achieve English proficiency and academic mastery 
     of subject matter content and higher order skills, including 
     critical thinking so as to meet age-appropriate grade-
     promotion and graduation standards in concert with national 
     education goals. Special alternative instructional programs 
     are suitable for schools where the diversity of the limited-
     English-proficient students' native languages and the small 
     number of students speaking each respective language makes 
     bilingual education impractical and where there is a critical 
     shortage of bilingual education teachers.
       ``(6) The term `family education programs' refers to 
     bilingual education or special alternative instructional 
     programs designed to help limited-English-proficient adults 
     and out-of-school youths achieve proficiency in the English 
     language and to provide instruction on how parents and family 
     members can facilitate the educational achievement of their 
     children. When feasible, instructional programs such as the 
     model developed under the Even Start Literacy Programs that 
     promote adult literacy and train parents to support the 
     educational growth of their children shall be developed. 
     Programs shall give preference to participation by parents 
     and immediate family members of children attending school. 
     Family education programs may also provide instruction to 
     facilitate higher education and employment outcomes.
       ``(7) The term `institution of higher education' has the 
     meaning given such term in section 1201(a) of the Higher 
     Education Act of 1965.
       ``(8) The term `Office' means the Office of Bilingual 
     Education and Minority Languages Affairs.
       ``(9) The term `community college' has the meaning given 
     such term in section 1201(a) of the Higher Education Act of 
     1965 for an institution which provides not less than a 2-year 
     program which is acceptable for full credit toward a 
     bachelor's degree, including institutions receiving 
     assistance under the Tribally Controlled Community College 
     Assistance Act of 1978.
       ``(10) The term `paraprofessional' means an individual who 
     is employed in preschool or elementary or secondary school 
     under the supervision of a certified or licensed teacher, 
     including individuals employed in bilingual education, 
     special education and migrant education.
       ``(11) The term `other programs for persons of limited-
     English-proficiency' means any programs administered by the 
     Secretary that serve persons of limited-English-proficiency.
       ``(12) The term `community-based organization' means a 
     private nonprofit organization or Indian tribe or tribally 
     sanctioned educational authority which is representative of a 
     community or significant segments of a community and which 
     provides educational or related services to individuals in 
     the community. The term `community-based organization' 
     includes Native Hawaiian organizations (including Native 
     Hawaiian education organizations) as defined in section 4009 
     of Public Law 100-297).
       ``(13) The term `children and youth' means individuals aged 
     3 through 21.
       ``(14) The term `immigrant children and youth' means 
     individuals who--
       ``(A) are aged 3 through 21;
       ``(B) were not born in any State; and
       ``(C) have not been attending 1 or more schools in any 1 or 
     more States for more than 2 full academic years.
       ``(b) Regulation Rule.--In developing regulations under 
     this title, the Secretary shall consult with State and local 
     educational agencies, organizations representing limited-
     English-proficient individuals, and organizations 
     representing teachers and other personnel involved in 
     bilingual education.
       ``(c) Parental Notification.--Parents of children and youth 
     participating in programs assisted under this title shall be 
     informed of--
       ``(1) a student's level of English proficiency, how it was 
     assessed, the status of a student's academic achievement and 
     the implications of a student's educational strengths and 
     needs for age and grade appropriate academic attainment, 
     promotion, and graduation;
       ``(2) what programs are available to meet the student's 
     educational strengths and needs and how the programs differ 
     in content and instructional goals, and in the case of a 
     disabled student, how the program meets the objectives of a 
     student's individualized education program;
       ``(3) the instructional goals of the bilingual education or 
     special alternative instructional program, and how the 
     program will specifically help the limited-English-proficient 
     student acquire English and meet age-appropriate standards 
     for grade-promotion and graduation, including--
       ``(A) the benefits and nature of the bilingual educational 
     program and of the instructional alternatives; and
       ``(B) the reasons for the selection of their child as being 
     in need of bilingual education.
       ``(4)(A) Parents shall also be informed that they have the 
     option of declining enrollment of their children and youth in 
     such programs and shall be given an opportunity to do so if 
     they so choose.
       ``(B) Local educational agencies are not relieved of any of 
     their obligations under title VI of the Civil Rights Act of 
     1964 because parents choose not to enroll their children in 
     bilingual education programs.
       ``(5) Parents must receive, in a manner and form 
     understandable to them, including, if necessary and to the 
     extent feasible, in their native language, the information 
     required by this subsection. At a minimum, parents must 
     receive--
       ``(A) timely information about projects funded under this 
     part; and
       ``(B) if the parents of participating children so desire, 
     notice of opportunities for regular meetings for the purpose 
     of formulating and responding to recommendations from such 
     parents.
       ``(6) no action may involve the admission or exclusion of 
     students to or from any federally assisted education program 
     merely on the basis of the surnames or language-minority 
     status of such students.

     ``SEC. 7005. INDIAN AND ALASKAN NATIVE CHILDREN IN SCHOOLS.

       ``(a) Eligible Entities.--For the purpose of carrying out 
     programs under this title for individuals served by 
     elementary, secondary, or postsecondary schools operated 
     predominately for Indian or Alaska Native children and youth, 
     an Indian tribe, a tribally sanctioned educational authority, 
     or an elementary or secondary school that is operated or 
     funded by the Bureau of Indian Affairs shall be considered to 
     be a local educational agency as such term is used in this 
     title, subject to the following qualifications:
       ``(1) The term `Indian tribe' means any Indian tribe, band, 
     nation, or other organized group or community, including any 
     Alaska Native village or regional or village corporation as 
     defined in or established pursuant to the Alaska Native 
     Claims Settlement Act (43 U.S.C. 1601 et seq.), that is 
     recognized for the special programs and services provided by 
     the United States to Indians because of their status as 
     Indians.
       ``(2) The term `tribally sanctioned educational authority' 
     means--
       ``(A) any department or division of education operating 
     within the administrative structure of the duly constituted 
     governing body of an Indian tribe; or
       ``(B) any nonprofit institution or organization that is--
       ``(i) chartered by the governing body of an Indian tribe to 
     operate any such school or otherwise to oversee the delivery 
     of educational services to members of that tribe; and
       ``(ii) approved by the Secretary for the purpose of this 
     section.
       ``(b) Bureau of Indian Affairs Schools.--From the sums 
     appropriated pursuant to section 7003, the Secretary is 
     authorized to make payments to applicants to carry out 
     programs of bilingual education or special alternative 
     instruction for Indian children served by elementary and 
     secondary schools operated or funded by the Bureau of Indian 
     Affairs.
       ``(c) Annual Report.--(1) The Assistant Secretary of the 
     Interior for the Bureau of Indian Affairs in collaboration 
     with the Secretary shall submit to the Congress, the 
     President, and the Secretary, by September 30 of each year, a 
     report which provides--
       ``(A) an assessment of the educational outcomes and needs 
     of Indian children with respect to the purposes of this title 
     in schools operated or funded by the Department of the 
     Interior, including tribes and local educational agencies 
     receiving assistance under the Johnson-O'Malley Act and the 
     Native American Languages Act; and
       ``(B) an assessment of the extent to which such needs are 
     being met by funds provided to such schools for educational 
     purposes through the Secretary of the Interior.
       ``(2) The results presented in this report shall be 
     included in the report under section 7041 of this Act.
       ``(3) The assessments required under this subsection shall 
     be waived if such assessments duplicate similar assessment 
     requirements under other Federal or tribal laws.

     ``SEC. 7006. RESIDENTS OF THE TERRITORIES AND FREELY 
                   ASSOCIATED NATIONS.

       ``For the purpose of carrying out programs under this title 
     in Guam and the freely associated nations, the term `local 
     educational agency' shall include public institutions or 
     agencies whose mission is the preservation and maintenance of 
     native languages.

    ``PART A--BILINGUAL EDUCATION CAPACITY AND DEMONSTRATION GRANTS

     ``SEC. 7101. PURPOSE OF GRANTS.

       ``Grants under this part shall be used to develop the 
     capacity of local educational agencies, institutions of 
     higher education, and community-based organizations which 
     provide educational programs to initiate, develop, enhance or 
     improve bilingual education or special alternative 
     instruction programs for children and youth of limited-
     English-proficiency.

     ``SEC. 7102. PROGRAM DEVELOPMENT AND IMPLEMENTATION GRANTS.

       ``(a) Purpose.--The purpose of this section is to develop 
     and implement new comprehensive, coherent, and successful 
     bilingual education or special alternative instructional 
     programs for limited-English-proficient students including 
     programs of early childhood education, K-12 education, gifted 
     and talented education, and vocational and applied technology 
     education.
       ``(b) Program Authorized.--
       ``(1) The Secretary is authorized to make program 
     development and implementation grants of up to $100,000 
     annually for 3 years with 1 additional year upon the 
     Secretary's approval.
       ``(2) Grants approved under this section shall be used to 
     improve the education of limited-English-proficient students 
     and their families by--
       ``(A) developing and implementing comprehensive preschool, 
     elementary, or secondary bilingual education or special 
     alternative instructional programs that are coordinated with 
     other relevant programs and services to meet the full range 
     of educational needs of limited-English-proficient students; 
     and
       ``(B) providing in service training to classroom teachers, 
     administrators, and other school or community-based 
     organizational personnel to improve the instruction and 
     assessment of language-minority and limited-English-
     proficient students.
       ``(3) Grants approved under this section may be used to 
     improve the education of limited-English-proficient students 
     and their families by--
       ``(A) implementing family education programs and 
     activities; and
       ``(B) improving the instructional program for limited-
     English-proficient students by upgrading curriculum, 
     instructional materials, and assessment procedures and, if 
     appropriate, applying educational technology.
       ``(c) Eligible Entities.--A grant may be made under this 
     section only upon application by one or more local 
     educational agencies, applying alone or in collaboration with 
     an institution of higher education, community-based 
     organization or local or State educational agency. A grant 
     may also be made under this section upon application by a 
     community-based organization which is agreed to by the local 
     educational agency to develop and implement early childhood 
     education or family education programs or to conduct an 
     instructional program which supplements the educational 
     services provided by a local educational agency.
       ``(d) Distribution.--The Secretary shall, to the extent 
     practicable, award grants equally among early childhood 
     education, elementary education, and secondary education 
     programs.

     ``SEC. 7103. PROGRAM ENHANCEMENT PROJECTS.

       ``(a) Purpose.--The purpose of this section is to carry out 
     highly focused, innovative, locally designed projects to 
     expand or enhance existing bilingual education or special 
     alternative instructional programs for limited-English-
     proficient students.
       ``(b) Program Authorized.--
       ``(1) The Secretary is authorized to make program 
     enhancement project grants of up to $100,000 for 2 years to 
     eligible applicants.
       ``(2) Grants approved under this section shall be used for 
     providing in-service training to classroom teachers, 
     administrators, and other school or community-based 
     organization personnel to improve the instruction and 
     assessment of language-minority and limited-English-
     proficient students.
       ``(3) Grants approved under this section may be used for--
       ``(A) improving the instructional program for limited-
     English-proficient students by upgrading curriculum, 
     instructional materials, and assessment procedures and, if 
     appropriate, applying educational technology;
       ``(B) implementing family education programs and 
     activities; and
       ``(C) providing intensified instruction.
       ``(c) Eligible Entities.--A grant may be made under this 
     section only upon application by one or more local 
     educational agencies, applying alone or in collaboration with 
     an institution of higher education, community-based 
     organization or local or State educational agency. A grant 
     also may be made under this section upon application by a 
     community-based organization which is agreed to by the local 
     educational agency to enhance early childhood education or 
     family education programs or to conduct an instructional 
     project which supplements the educational services provided 
     by a local educational agency.

     ``SEC. 7104. WHOLE-SCHOOL PROGRAMS.

       ``(a) Purpose.--The purpose of this section is to provide 
     financial assistance to eligible applicants to reform, 
     restructure, and upgrade all relevant programs and operations 
     within an individual school to fulfill the comprehensive 
     educational needs of all of a school's limited-English-
     proficient students and their families.
       ``(b) Program Authorized.--
       ``(1) The Secretary is authorized to make 5-year grants of 
     up to $100,000 for the first year and up to $250,000 for each 
     of the subsequent 4 years to eligible applicants.
       ``(2) Grants approved under this section shall be used to 
     improve education of limited-English-proficient students and 
     their families by reviewing, restructuring, and upgrading in-
     service training for all school staff and, if appropriate, 
     for community-based organization personnel.
       ``(3) Grants approved under this section may be used to 
     improve the education of limited-English-proficient students 
     and their families by reviewing, restructuring, and 
     upgrading--
       ``(A) the school's instructional program for limited-
     English-proficient students including curriculum, 
     instructional materials, and assessment systems, and, if 
     appropriate, the application of educational technology;
       ``(B) family education programs and activities; and
       ``(C) intensified instruction.
       ``(4) During the first year of the grant, a priority is 
     established in use of funds for preparatory activities 
     including planning, training, curriculum development, and 
     materials acquisition or development.
       ``(c) Eligible Entities.--A grant may be made under this 
     section only upon application by one or more local 
     educational agencies, applying alone or in collaboration with 
     an institution of higher education, community-based 
     organizations or local or State educational agency.

     ``SEC. 7105. SYSTEM-WIDE IMPROVEMENT GRANTS.

       ``(a) Purpose.--The purpose of this section is to provide 
     financial assistance to improve, reform, and upgrade relevant 
     programs and operations with an entire local educational 
     agency to fulfill the comprehensive educational needs of all 
     the agency's limited-English-proficient students and, to the 
     extent feasible, their families.
       ``(b) Program Authorized.--
       ``(1) The Secretary is authorized to make 5-year grants of 
     up to $1,000,000 for the first year and up to $5,000,000 for 
     each of the subsequent 4 years to eligible applicants.
       ``(2) Grants approved under this section may be used during 
     the first 12 months exclusively for activities preparatory to 
     the delivery of services.
       ``(3) Grants approved under this section may be used to 
     improve education of limited-English-proficient students and 
     their families by reviewing, restructuring, and upgrading--
       ``(A) educational goals, curriculum guidelines and content, 
     standards and assessments;
       ``(B) personnel policies and practices including 
     recruitment, certification, staff development, and 
     assignment;
       ``(C) student grade-promotion and graduation requirements;
       ``(D) student assignment policies and practices;
       ``(E) program delivery standards, management information 
     and accountability systems;
       ``(F) instructional and extracurricular programs and 
     services; and
       ``(G) application of educational technology.
       ``(c) Eligible Entities.--A grant may be made under this 
     section only upon application by one or more local 
     educational agencies, applying alone or in collaboration with 
     an institution of higher education, community-based 
     organization or local or State educational agency.
       ``(d) Priority.--The Secretary shall give priority to 
     applications from--
       ``(1) applicants which enroll a large percentage or large 
     number of limited-English-proficient students; and
       ``(2) consortia of eligible applicants to serve limited-
     English-proficient students in rural and linguistically 
     isolated settings.

     ``SEC. 7106. APPLICATIONS.

       ``(a) Submission.--To receive a grant under this part, 
     applicants shall submit an application to the Secretary in 
     such form and containing such information as the Secretary 
     may require:
       ``(1) An application for a grant under this part shall be 
     developed in consultation with, and shall provide for the 
     continuing involvement of, an advisory council which shall be 
     composed of representatives responsible for implementing 
     grant activities and of parents and other relatives of the 
     children to be served in such programs; parents shall 
     comprise a majority of all council members.
       ``(2) All applicants for grants under this part, except for 
     those applicants identified in section 7005, shall submit a 
     copy of the application to the relevant State educational 
     agency. The State educational agency may submit to the 
     Secretary written comments on the application with respect to 
     how the applications further State education improvement 
     plans including any developed under Goals 2000: Educate 
     America Act (if such plans exist) or title I of this Act. If 
     the State educational agency of a State submits written 
     comments on any application, it must submit written comment 
     on all applications within that same grant category from 
     within that State. The Secretary shall take comments into 
     consideration when funding applications under this part.
       ``(b) Required Documentation.--Such application shall 
     include documentation that the applicant has the qualified 
     personnel required to develop, administer, and implement the 
     proposed program.
       ``(c) Contents.--(1) An application for a grant under this 
     part shall contain the following:
       ``(A) A description of the need for the proposed program, 
     including data on the number of children and youth of 
     limited-English-proficiency in the school or district to be 
     served and their characteristics, such as language spoken, 
     dropout rates, proficiency in English and the native 
     language, academic standing in relation to their English 
     proficient peers, and, where applicable, the recency of 
     immigration.
       ``(B) A description of the program to be implemented and 
     how its design--
       ``(i) relates to the linguistic and academic needs of the 
     children and youth of limited-English-proficiency to be 
     served;
       ``(ii) is consistent with, and promotes the goals in, the 
     local educational agency plan under title III of the Goals 
     2000: Educate America Act, if such plan exists, and the local 
     educational agency's plan under title I of this Act, 
     particularly as those plans relate to the education of 
     children and youth of limited-English-proficiency;
       ``(iii) involves the parents of the children and youth of 
     limited-English-proficiency to be served;
       ``(iv) ensures accountability in the expected student 
     outcomes; and
       ``(v) promotes coordination of services for the children 
     and youth of limited-English-proficiency to be served and 
     their families.
       ``(C) A description, if appropriate, of the applicant's 
     collaborative activities with institutions of higher 
     education, community-based organizations, local or State 
     educational agencies, private schools, nonprofit 
     organizations, or businesses in carrying out the proposed 
     program.
       ``(D) An assurance that the applicant will not reduce the 
     level of State and local funds that it expends for bilingual 
     education or special alternative instruction programs if it 
     receives an award under this part.
       ``(E) A budget for grant funds.
       ``(2) An application for a grant under section 7102 or 7104 
     shall also contain a description of the instructional 
     program, student services, in-service training, and family 
     education programs to be provided under the grant.
       ``(3) An application for a grant under section 7103 shall 
     also contain the following:
       ``(A) A description of the existing bilingual education or 
     special alternative instruction program which the project is 
     designed to enhance.
       ``(B) A description of the proposed project activities.
       ``(4) An application for a grant under section 7105 shall 
     also contain a description of the activities which would be 
     carried out under the grant.
       ``(d) Approval of Applications.--An application for a grant 
     under this part may be approved only if the Secretary 
     determines that--
       ``(1) the program will use qualified personnel, including 
     those personnel who are proficient in the language or 
     languages used for instruction;
       ``(2) in designing the program for which application is 
     made, the needs of children in nonprofit private elementary 
     and secondary schools have been taken into account through 
     consultation with appropriate private school officials and, 
     consistent with the number of such children enrolled in such 
     schools in the area to be served whose educational needs are 
     of the type and whose language and grade levels are of a 
     similar type that the program is intended to address, after 
     consultation with appropriate private school officials, 
     provision has been made for the participation of such 
     children on a basis comparable to that provided for public 
     school children;
       ``(3) student evaluation and assessment procedures in the 
     program are valid, reliable, and fair for limited-English-
     proficient students, and that limited-English-proficient 
     students who are disabled are identified and served in 
     accordance with the requirements of the Individuals with 
     Disabilities Education Act;
       ``(4) Federal funds made available for the project or 
     activity will be used so as to supplement the level of State 
     and local funds that, in the absence of such Federal funds, 
     would have been expended for special programs for children of 
     limited-English-proficient individuals and in no case to 
     supplant such State and local funds, except that nothing in 
     this paragraph shall preclude a local educational agency from 
     using funds under this title for activities carried out under 
     an order of a court of the United States or of any State 
     respecting services to be provided such children, or to carry 
     out a plan approved by the Secretary as adequate under title 
     VI of the Civil Rights Act of 1964 with respect to services 
     to be provided such children;
       ``(5) the assistance provided under the application will 
     contribute toward building the capacity of the applicant to 
     provide a program on a regular basis, similar to that 
     proposed for assistance, which will be of sufficient size, 
     scope, and quality to promise significant improvement in the 
     education of students of limited-English-proficiency, and 
     that the applicant will have the resources and commitment to 
     continue the program when assistance under this title is 
     reduced or no longer available;
       ``(6) the applicant provides for utilization of the State 
     and national dissemination sources for program design and in 
     dissemination of results and products.
       ``(e) Special Consideration and Priorities.--
       ``(1) Students may participate in any program receiving 
     funds under this part for the duration of the program.
       ``(2) The Secretary shall give priority to applications 
     which provide for the development of bilingual proficiency 
     for all participating students.
       ``(3) Grants for special alternative instructional programs 
     shall not exceed 25 percent of the funds provided for any 
     type of grant under any section or of total funds provided 
     under this part.
       ``(4) Notwithstanding paragraph (3), the Secretary may 
     award grants for special alternative instructional programs 
     if an applicant has demonstrated that they cannot develop and 
     implement a bilingual education program for the following 
     reasons:
       ``(A) Where the diversity of the limited-English-proficient 
     students' native languages and the small number of students 
     speaking each respective language makes bilingual education 
     impractical.
       ``(B) Where, despite documented convincing efforts, the 
     applicant has not been able to hire instructional personnel 
     who are able to communicate in the students' native language.
       ``(5) In approving applications under this part, the 
     Secretary shall give consideration to the degree to which the 
     program for which assistance is sought involves the 
     collaborative efforts of institutions of higher education, 
     community-based organizations, the appropriate local and 
     State educational agency, or business.
       ``(6) The Secretary shall ensure that projects funded under 
     this part address the full needs of school systems of all 
     sizes and geographical areas, including rural schools.
       ``(7) The Secretary shall give priority to applications 
     providing training for personnel participating in or 
     preparing to participate in the program which will assist 
     them in meeting State and local certification requirements 
     and that, to the extent possible, college or university 
     credit will be awarded for such training.

     ``SEC. 7107. INTENSIFIED INSTRUCTION.

       ``In carrying out this part, each grant recipient may 
     intensify instruction for limited-English-proficient students 
     by--
       ``(1) expanding the educational calendar of the school in 
     which such student is enrolled to include programs before and 
     after school and during the summer months;
       ``(2) expanding the use of professional and volunteer aids;
       ``(3) applying technology to the course of instruction; and
       ``(4) providing intensified instruction through 
     supplementary instruction or activities, including 
     educationally enriching extracurricular activities, during 
     times when school is not routinely in session.

     ``SEC. 7108. CAPACITY BUILDING.

       ``Each recipient of a grant under this part shall use its 
     grant in ways that will build its capacity to continue to 
     offer high-quality bilingual and special alternative 
     education programs and services to children and youth of 
     limited-English-proficiency once Federal assistance is 
     reduced or eliminated.

     ``SEC. 7109. SUBGRANTS.

       ``A local educational agency that receives a grant under 
     this part may, with the approval of the Secretary, make a 
     subgrant to, or enter into a contract with, an institution of 
     higher education, a non-profit organization, or a consortium 
     of such entities to carry out an approved program, including 
     a program to serve out-of-school youth.

     ``SEC. 7110. GEOGRAPHIC DISTRIBUTION OF FUNDS.

       ``To the extent possible, the Secretary shall award funds 
     under this part throughout the Nation in a manner that 
     reflects the geographic distribution of children and youth of 
     limited-English-proficiency.

     ``SEC. 7111. PROGRAMS IN PUERTO RICO.

       ``Programs authorized under this title in the Commonwealth 
     of Puerto Rico may, notwithstanding any other provision of 
     this title, include programs of instruction, teacher 
     training, curriculum development, evaluation, and testing 
     designed for children and youth of limited-Spanish 
     proficiency.

     ``SEC. 7112. EVALUATIONS.

       ``(a) Evaluation.--Each recipient of funds under this part 
     shall provide the Secretary with an evaluation, in the form 
     prescribed by the Secretary, of its program every two years.
       ``(b) Use of Evaluation.--Such evaluation shall be used by 
     a grantee--
       ``(1) for program improvement;
       ``(2) to further define the local program's goals and 
     objectives; and
       ``(3) to determine program effectiveness.
       ``(c) Evaluation Components.--Evaluations shall include--
       ``(1) student outcome indicators that measure progress 
     toward the performance standards set out in the State's plan, 
     either approved or being developed, under title III of the 
     Goals 2000: Educate America Act, or, 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, with 
     the State plan approved or being developed under section 1111 
     of this Act, including data comparing children and youth of 
     limited-English-proficiency with non-limited-English-
     proficient children and youth with regard to school 
     retention, academic achievement, and gains in English (and, 
     where applicable, native language) proficiency;
       ``(2) program implementation indicators that provide 
     information for informing and improving program management 
     and effectiveness, including data on appropriateness of 
     curriculum in relationship to grade and course requirements, 
     appropriateness of program management, appropriateness of the 
     program's staff professional development, and appropriateness 
     of the language of instruction;
       ``(3) program context indicators that describe the 
     relationship of the activities funded under the grant to the 
     overall school program and other Federal, State, or local 
     programs serving children and youth of limited-English-
     proficiency; and
       ``(4) such other information as the Secretary may require.

                  ``PART B--RESEARCH AND DISSEMINATION

     ``SEC. 7201. USE OF FUNDS.

       ``The Secretary is authorized to conduct data collection, 
     dissemination, research, and evaluation activities through 
     the Office of Bilingual Education and Minority Languages 
     Affairs for the purpose of improving bilingual education and 
     special alternative instruction programs for children and 
     youth of limited-English-proficiency.

     ``SEC. 7202. RESEARCH.

       ``(a) Research Activities.--The Secretary shall support 
     through competitive grants contracts and cooperative 
     agreements to institutions of higher education, nonprofit and 
     for-profit organizations, and local and State educational 
     agencies, funds for research with a practical application to 
     teachers, counselors, paraprofessionals, school 
     administrators, parents, and others involved in improving the 
     education of limited-English-proficient students and their 
     families.
       ``(b) Authorized Activities.--
       ``(1) The Secretary may conduct research activities that 
     include--
       ``(A) identifying criteria for the establishment, use and 
     monitoring of local, State, or national education goals, 
     content, performance and delivery standards, and assessments 
     for all students that provide for appropriate, valid, 
     reliable, and fair participation by limited-English-
     proficient and language-minority students;
       ``(B) identifying determinants of appropriate high quality 
     secondary school programs for limited-English-proficient 
     students, and high quality curriculum-related instructional 
     materials;
       ``(C) identifying determinants of appropriate high quality 
     early childhood development programs for limited-English-
     proficient children, including families, and appropriate high 
     quality materials;
       ``(D) studies to identify models of effective program 
     coordination that support students while in transition to 
     English language classrooms that develop and maintain high 
     levels of proficiency in the native languages and English;
       ``(E) studies of effective curricula and instructional 
     strategies for the development and maintenance of high levels 
     of student proficiency in both their native language and 
     English, including the role of family, community, and career 
     contexts;
       ``(F) identification of strategies for effective 
     participation by limited-English-proficient parents in their 
     children's education for attainment of educational 
     excellence;
       ``(G) identifying methods of improving classification, 
     placement, and services to limited-English-proficient 
     students including, but not limited to their participation in 
     early childhood development programs, title I, special 
     education, foreign language education, and gifted and 
     talented education;
       ``(H) identification of methods for effective delivery of 
     bilingual education to rural schools and in the less-
     commonly-taught languages using educational technology and 
     electronic communications networks;
       ``(I) identification of trends in demand for language 
     skills and of career opportunities for individuals with high 
     levels of proficiency in English and a second language; and
       ``(J) establishing through the National Center for 
     Education Statistics and in consultation with the Office of 
     Bilingual Education and Minority Languages Affairs, and 
     experts in bilingual education, second language acquisition 
     and English-as-a-second language, a common definition of 
     `limited-English-proficient student' for purposes of national 
     data collection.
       ``(c) Field-Initiated Research.--The Secretary shall 
     reserve at least 5 percent of the funds available under this 
     section for field-initiated research by current or recent 
     recipients of grants under parts A or C of this title. 
     Research must be conducted by current grant recipients or by 
     former recipients who have received such grants within the 
     previous 5 years. Field-initiated research may provide for 
     longitudinal studies of students or teachers in bilingual 
     education, monitoring the education of such students from 
     entry in bilingual education through high school completion. 
     Applicants may submit an application for field-initiated 
     research at the same time as applications are submitted under 
     part A or part C. The Secretary shall complete a review of 
     such applications on a timely basis to allow research and 
     program grants to proceed in coordination where appropriate.
       ``(d) Consultation.--The Secretary shall consult with 
     agencies and organizations that are engaged in bilingual 
     education research and practice, or related research, and 
     bilingual education researchers and practitioners to identify 
     areas of study and activities to be funded under this 
     section.
       ``(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 by the Office of Bilingual 
     Education and Minority Language Affairs and the Office of 
     Educational Research and Improvement.
       ``(f) Data Collection.--The Secretary shall provide for the 
     continuation of data collection on limited-English-proficient 
     students as part of the data systems operated by the 
     Department.

     ``SEC. 7203. ACADEMIC EXCELLENCE AWARDS.

       ``(a) Awards.--The Secretary may make grants to, and enter 
     into contracts and cooperative agreements with, State and 
     local educational agencies, nonprofit organizations, and 
     institutions of higher education to promote the adoption and 
     implementation of bilingual education, special alternative 
     instruction programs, and professional development programs 
     that demonstrate great promise of assisting children and 
     youth of limited-English-proficiency to meet challenging 
     State standards.
       ``(b) Applications.--(1) An entity desiring to receive an 
     award under this section shall submit an application to the 
     Secretary in such form, at such time, and containing such 
     information and assurances as the Secretary may require.
       ``(2) The Secretary shall use a peer review process, using 
     effectiveness criteria that the Secretary shall establish, to 
     review applications under this section.
       ``(c) Use of Funds.--Funds under this section shall be used 
     to enhance the capacity of States and local education 
     agencies to provide high quality academic programs for 
     children and youth of limited-English-proficiency, which may 
     include--
       ``(1) completing the development of such programs;
       ``(2) professional development of staff participating in 
     bilingual education programs;
       ``(3) sharing strategies and materials; and
       ``(4) supporting professional networks.
       ``(d) Coordination.--Recipients of funds under this section 
     shall coordinate their activities with those carried out by 
     comprehensive technical assistance centers under title II of 
     this Act.

     ``SEC. 7204. STATE GRANT PROGRAM.

       ``(a) State Grant Program.--The Secretary is authorized to 
     make an award to a State educational agency that 
     demonstrates, to the satisfaction of the Secretary, that its 
     approved plan under title III of the Goals 2000: Educate 
     America Act, if such plan exists, or, if such plan does not 
     exist, its plan under title I of this Act, effectively 
     provides for the education of children and youth of limited-
     English-proficiency within the State.
       ``(b) Payments.--The amount paid to a State educational 
     agency under subsection (a) shall not be less than $100,000 
     nor greater than 5 percent of the total amount awarded to 
     local educational agencies within the State under part A of 
     this title for the previous fiscal year.
       ``(c) Use of Funds.--(1) A State educational agency shall 
     use funds for programs authorized by this section to--
       ``(A) assist local educational agencies in the State with 
     program design, capacity building, assessment of student 
     performance, and program evaluation; and
       ``(B) collect data on the State's language-minority and 
     limited English-proficient populations and the educational 
     programs and services available to these populations.
       ``(2) The State educational agency may also use funds for 
     the training of State educational agency personnel in 
     educational issues affecting limited-English-proficient 
     children and youth.
       ``(3) Recipients of awards under this section shall not 
     restrict the provision of services under this section to 
     federally-funded programs.
       ``(d) State Consultation.--A State educational agency 
     receiving funds under this section shall consult with 
     recipients of grants under this title and other individuals 
     or organizations involved in the development or operation of 
     programs serving limited-English-proficient children or youth 
     to ensure that funds are used in a manner consistent with the 
     requirements of this title.
       ``(e) Applications.--A State educational agency desiring to 
     receive an award under this section shall submit an 
     application to the Secretary in such form, at such time, 
     containing such information and assurances as the Secretary 
     may require.
       ``(f) Supplement Not Supplant.--Funds made available under 
     this section for any fiscal year shall be used by the State 
     educational agency to supplement and, to the extent 
     practical, to increase to level of funds that would, in the 
     absence of such funds, be made available by the State for the 
     purposes described in this section, and in no case to 
     supplant such funds.
       ``(g) Report to the Secretary.--State educational agencies 
     receiving grants under this section shall provide for the 
     annual submission of a summary report to the Secretary 
     containing information on such matters as the Secretary 
     shall, by regulation, determine necessary and proper to 
     achieve the purposes of this title, including information on 
     State capacity and progress in meeting the education needs of 
     all limited-English-proficient children, plans for additional 
     action, the effect of standards and assessments in improving 
     their education. Such reports shall be in such form and shall 
     be submitted on such date as the Secretary shall specify by 
     regulation.

     ``SEC. 7205. NATIONAL CLEARINGHOUSE FOR BILINGUAL EDUCATION.

       ``(a) Establishment.--The Secretary shall establish and 
     support the operation of a National Clearinghouse for 
     Bilingual Education, which shall collect, analyze, 
     synthesize, and disseminate information about bilingual 
     education and related programs.
       ``(b) Functions.--The National Clearinghouse for Bilingual 
     Education shall--
       ``(1) be administered as an adjunct clearinghouse of the 
     ERIC system of clearinghouses supported by the Office of 
     Educational Research and Improvement;
       ``(2) coordinate its activities with Federal data and 
     information clearinghouses and dissemination networks and 
     systems; and
       ``(3) develop a data base management and monitoring system 
     for improving the operation and effectiveness of funded 
     programs.

     ``SEC. 7206. INSTRUCTIONAL MATERIALS DEVELOPMENT.

       ``The Secretary may provide grants for the development, 
     publication and dissemination of high quality instructional 
     materials in Native American, Native Hawaiian and other 
     languages for which instructional materials are not readily 
     available. The Secretary shall give priority to the 
     development of instructional materials in languages 
     indigenous to the United States, its territories, and freely 
     associated nations. The Secretary shall also accord priority 
     to applications which provide for developing and evaluating 
     materials in collaboration with activities under parts A and 
     C of this title and which are consistent with national and 
     State content standards.

     ``SEC. 7207. EVALUATION ASSISTANCE CENTERS AND 
                   MULTIFUNCTIONAL RESOURCE CENTERS.

       ``(a) Transition.--The Secretary shall extend grants or 
     contracts for Evaluation Assistance Centers and 
     Multifunctional Resource Centers that are in effect on the 
     date of enactment of the Improving America's School Act 
     through fiscal year 1996.
       ``(b) Continuity of Services.--(1) The Secretary shall 
     ensure that the comprehensive regional technical assistance 
     centers authorized under title II of this Act provide 
     services which are at least equal in volume, scope, and 
     quality to those provided by Evaluation Assistance Centers 
     and Multifunctional Resource Centers.
       ``(2) The Secretary shall ensure that the comprehensive 
     regional technical assistance centers authorized under title 
     II of this Act, as amended by the Improving America's School 
     Act, provide services which enable children and youth of 
     limited-English-proficiency to meet challenging State and 
     National standards.
       ``(3) The Secretary shall ensure that the comprehensive 
     technical assistance centers authorized under title II of 
     this Act are established with consideration given to the 
     geographic and linguistic distribution of children and youth 
     of limited-English-proficiency.
       ``(c) Gifts, Bequests, and Devises.--The entities may 
     accept (but not solicit), use, and dispose of gifts, 
     bequests, or devises of services or property, both real and 
     personal for the purpose of aiding or facilitating the work 
     of entities under this section. Gifts, bequests, or devises 
     of money and proceeds from sales of other property received 
     as gifts, bequests or devises shall be deposited in the 
     Treasury and shall be available for disbursement upon order 
     of the national clearinghouse on bilingual education, the 
     Evaluation and Assistance Center or Multifunctional Resource 
     Center, respectively.

             ``PART C--BILINGUAL EDUCATION TEACHER TRAINING

     ``SEC. 7301. PURPOSE.

       ``The purpose of this part is to assist in preparing 
     educators to improve the delivery of educational services to 
     language-minority and limited-English-proficient children and 
     youth. This part supports the training of all educational 
     personnel to serve more effectively limited-English-
     proficient students. The goal of this part is to provide for 
     the training of not less than 50,000 teachers who meet 
     professional preparation and certification standards for 
     bilingual education teachers by the year 2000.

     ``SEC. 7302. TRAINING FOR ALL TEACHERS PROGRAM.

       ``(a) Purpose.--The purpose of this section is to provide 
     for the incorporation of courses and curricula on appropriate 
     and effective instructional and assessment methodologies, 
     strategies and resources specific to limited-English-
     proficient and language-minority students into education 
     personnel preparation programs for teachers, counselors, 
     administrators and other education personnel.
       ``(b) Authorization.--The Secretary shall award grants for 
     up to 5 years to institutions of higher education, local 
     educational agencies, and State educational agencies or to 
     nonprofit organizations which have entered into consortia 
     arrangements with one of such institutions, agencies, or 
     organizations.
       ``(c) Permissible Activities.--Activities conducted under 
     this section may include the development of training programs 
     in collaboration with training under titles I and II of this 
     Act, the Head Start Act, and other relevant programs.
       ``(d) Priority.--The Secretary shall give priority to 
     applications from institutions of higher education which 
     currently operate, with full-time tenured faculty, programs 
     to prepare educators and administrators to work with 
     language-minority and limited-English-proficient students in 
     bilingual education settings and from institutions of higher 
     education which are attempting to start bilingual teacher 
     training programs if such institutions demonstrate a 
     significant commitment in financial and human resources, 
     including cash and in-kind. The Secretary shall give special 
     consideration to applications for such programs which provide 
     training of secondary school teachers or early childhood 
     development teachers. Such special consideration would not 
     disallow the funding of applications for exemplary programs 
     for the training of elementary school teachers.

     ``SEC. 7303. BILINGUAL EDUCATION TEACHERS AND PERSONNEL 
                   GRANTS.

       ``(a) Purpose.--The purpose of this section is to provide 
     for degree programs to prepare new bilingual education 
     teachers, administrators, counselors, and other educational 
     personnel to meet high professional standards for bilingual 
     education teachers and to increase the availability of 
     educators to provide high quality education limited-English-
     proficient students.
       ``(b) Authorization.--The Secretary shall award grants for 
     up to 5 years to institutions of higher education in 
     consortia with local or State educational agencies.

     ``SEC. 7304. BILINGUAL EDUCATION CAREER LADDER PROGRAM.

       ``(a) Purpose.--The purpose of this section is to upgrade 
     the qualifications and skills of non-certified educational 
     personnel, especially educational paraprofessionals, to meet 
     high professional standards, including certification and 
     licensure as bilingual education teachers and other 
     educational personnel who serve limited-English-proficient 
     students, through collaborative training programs operated by 
     institutions of higher education and local and State 
     educational agencies. Grants for programs under this section 
     may also provide for collaborative programs operated by 
     institutions of higher education and secondary schools which 
     are designed to recruit and train secondary school students 
     as bilingual education teachers and other educational 
     personnel to serve limited-English-proficient students.
       ``(b) Authorization.--The Secretary shall award grants of 
     up to 5 years for bilingual education career ladder programs 
     to institutions of higher education applying in consortia 
     with local or State educational agencies; consortia may 
     include community-based organizations or professional 
     education organizations.
       ``(c) Activities.--Grants funded under this section may--
       ``(1) include the development of bilingual education career 
     ladder program curricula appropriate to the needs of the 
     consortium participants;
       ``(2) provide assistance for stipends and costs related to 
     tuition, fees and books for enrolling in courses required to 
     complete degree and certification requirements as bilingual 
     education teachers; and
       ``(3) include programs to introduce secondary school 
     students to careers in bilingual education teaching that are 
     coordinated with other activities under this program.
       ``(d) Special Consideration.--The Secretary shall give 
     special consideration to applications under this section 
     which provide for--
       ``(1) participant completion of baccalaureate and masters 
     degree teacher education programs, certification and may 
     include effective employment placement activities;
       ``(2) development of teacher proficiency in English and a 
     second language, including required demonstration of 
     proficiency in the instructional use of English and a second 
     language in classroom contexts;
       ``(3) coordination with Trio, the Teacher Corps, National 
     Community and Service Trust Act, Mini Corps, and other 
     programs for the recruitment and retention of bilingual 
     students in secondary and post-secondary programs to train as 
     bilingual educators; and
       ``(4) the applicant's contribution of additional student 
     financial aid to participating students.

     ``SEC. 7305. GRADUATE FELLOWSHIPS IN BILINGUAL EDUCATION 
                   PROGRAM.

       ``(a) Authorization.--The Secretary may award fellowships 
     for masters, doctoral, and post-doctoral study related to 
     instruction of children and youth of limited-English-
     proficiency in such areas as teacher training, program 
     administration, research and evaluation, and curriculum 
     development, and for the support of dissertation research 
     related to such study. For fiscal year 1994 not less than 500 
     fellowships leading to a masters or doctorate degree shall be 
     awarded under this section, rising each subsequent year of 
     this authorization by not less than 50. The Secretary shall 
     include information on the operation and the number of 
     fellowships awarded under the fellowship program in the 
     report required under section 7401 of this title.
       ``(b) Fellowship Requirements.--(1) Any person receiving a 
     fellowship under this section shall agree to--
       ``(A) work in an activity related to the program or in an 
     activity such as those authorized under this title, including 
     work as a bilingual education teacher, for a period of time 
     equivalent to the period of time during which such person 
     receives assistance under this title; or
       ``(B) repay such assistance.
       ``(2) The Secretary shall establish in regulations such 
     terms and conditions for such agreement as the Secretary 
     deems reasonable and necessary and may waive the requirement 
     of paragraph (1) in extraordinary circumstances.
       ``(c) The Secretary may give priority to institutions of 
     higher education that demonstrate experience in assisting 
     fellowship recipients find employment in the field of 
     bilingual education.

     ``SEC. 7306. APPLICATIONS.

       ``(a) In General.--Each applicant or consortium that 
     desires to receive a grant under this part shall submit an 
     application to the Secretary and the State educational agency 
     or State board for higher education as appropriate, at such 
     time and in such manner as the Secretary shall prescribe. The 
     application shall demonstrate integration, where appropriate, 
     with the State and local plans, if such plans exist, for 
     serving limited-English-proficient students. The State and 
     local educational agency, and where applicable the State 
     board for higher education, may comment in writing on the 
     application indicating how the application furthers State 
     education reform activities, including the provision of 
     appropriate high quality education to all language minority 
     students. If the State educational agency or State Board for 
     Higher Education submits comments on any application, it 
     shall submit comments on all. The Secretary shall take any 
     written comments that have been made into consideration when 
     considering applications under this part.
       ``(b) Eligible Entities.--
       ``(1) A grant may be made under this part upon application 
     of an institution of higher education, applying individually 
     or jointly with one or more local educational agencies, 
     nonprofit organizations, or State educational agencies.
       ``(2) The Secretary shall provide for outreach and 
     technical assistance to institutions of higher education 
     eligible under title III of the Higher Education Act and 
     institutions of higher education that are operated or funded 
     by the Bureau of Indian Affairs to facilitate their 
     participation in activities under this part.
       ``(3) In making grants under this part, the Secretary 
     shall, consistent with subsection (d), ensure adequate 
     representation of Hispanic serving institutions that 
     demonstrate competence and experience in the programs and 
     activities authorized under this title and are otherwise 
     qualified.
       ``(c) Application Requirements For Bilingual Teacher 
     Training Programs.--The application shall demonstrate 
     integration, where appropriate, with the State plan, if one 
     exists, for serving limited-English-proficient students.
       ``(d) Preference in Assistance and Purpose of Training.--
       ``(1) In making a grant under this part the Secretary shall 
     give preference to programs which--
       ``(A) include tenured faculty in bilingual education, and
       ``(B) and for institutions of higher education which are 
     attempting to start bilingual teacher training programs if 
     such institutions demonstrate a significant commitment in 
     financial and human resources, including cash and in-kind.
       ``(C) provide additional resources for such training from 
     other sources.
       ``(2) In making grants under sections 7302, 7303 and 7304, 
     the Secretary shall give special consideration to programs 
     that ensure that individuals completing such programs 
     demonstrate proficiency in English and a second language.

     ``SEC. 7307. PROGRAM REQUIREMENTS.

       ``Activities conducted under this part shall assist 
     educational personnel in meeting State and local 
     certification requirements for bilingual education and, 
     wherever possible, shall award college or university credit.

     ``SEC. 7308. STIPENDS.

       ``The Secretary shall provide for the payment of such 
     stipends (including allowances for subsistence and other 
     expenses for such persons and their dependents), as the 
     Secretary determines to be appropriate, to persons 
     participating in training programs under this part.

     ``SEC. 7309. PROGRAM EVALUATIONS UNDER PART C.

       ``Each recipient of funds under part C of this title shall 
     provide the Secretary with an evaluation of its program every 
     two years. Such evaluation shall include data on--
       ``(1) post-program placement of persons trained;
       ``(2) how the training relates to the employment of persons 
     served by the program;
       ``(3) program completion; and
       ``(4) such other information as the Secretary may require.

                        ``PART D--ADMINISTRATION

     ``SEC. 7401. OFFICE OF BILINGUAL EDUCATION AND MINORITY 
                   LANGUAGE AFFAIRS.

       ``(a) Establishment.--There shall be, in the Department of 
     Education, an Office of Bilingual Education and Minority 
     Languages Affairs through which the Secretary shall carry out 
     functions relating to bilingual education.
       ``(b) Director.--(1) The Office shall be headed by a 
     Director of Bilingual Education and Minority Languages 
     Affairs, appointed by the Secretary, to whom the Secretary 
     shall delegate all delegable functions relating to bilingual 
     education. The Director shall also be assigned responsibility 
     for recommending improvements and providing technical 
     assistance to other Federal programs serving language-
     minority and limited-English-proficient students and their 
     families and for assisting the Assistant Secretary of the 
     Office of Educational Research and Improvement in identifying 
     research priorities which reflect the needs of language-
     minority and limited-English language proficient students.
       ``(2) The Office shall be organized as the Director 
     determines to be appropriate in order to carry out such 
     functions and responsibilities effectively.
       ``(3) The Secretary shall ensure that limited-English-
     proficient and language-minority students are included in 
     ways that are valid, reliable and fair under all standards 
     and assessment development conducted or funded by the 
     Department.
       ``(c) Report.--The Director shall prepare and, not later 
     than February 1 of every other year, shall submit to 
     Congress, the President, the Governors, and the clearinghouse 
     a report on--
       ``(1) the activities carried out under this title and their 
     effectiveness in improving the education provided to limited-
     English-proficient children and youth;
       ``(2) a critical synthesis of data reported by the States 
     pursuant to section 7204;
       ``(3) an estimate of the number of certified bilingual 
     education personnel in the field and an estimate of the 
     number of bilingual education teachers which will be needed 
     for the succeeding 5 fiscal years;
       ``(4) the major findings of research carried out under this 
     title; and
       ``(5) recommendations for further developing the capacity 
     of our Nation's schools to educate effectively limited-
     English-proficient students.
       ``(d) Assessment of Gateway Education.--The Secretary shall 
     prepare a report on the education of all students who reside 
     near the United States border with Canada and Mexico or areas 
     or communities which serve as a gateway for immigrants to the 
     United States. Gateway communities shall include Hawaii, the 
     Commonwealth of Puerto Rico, as well as the territories and 
     freely associated nations. The report shall identify trends 
     in student and out-of-school youth immigration trends, 
     appropriate procedures for the international transfer of 
     records, the language proficiency of students living in 
     border and gateway areas, and opportunities for teacher 
     exchange. Such efforts shall be coordinated with other 
     ongoing efforts in this area. A preliminary report on these 
     issues shall be provided to the Congress not later than 2 
     years after the enactment of this Act. The final report 
     including policy proposals for improvements in these areas 
     shall be provided to Congress and the President not later 
     than October 21, 1997.
       ``(e) Coordination With Related Programs.--In order to 
     maximize Federal efforts aimed at serving the educational 
     needs of children and youth of limited-English proficiency, 
     the Secretary shall coordinate and ensure close cooperation 
     with other programs serving language-minority and limited-
     English-proficient students that are administered by the 
     Department of Education and other agencies. The Secretary 
     shall consult with the Secretary of Labor, the Secretary of 
     Health and Human Services, the Secretary of Agriculture, 
     Attorney General and other relevant agencies to identify and 
     eliminate barriers to appropriate coordination of programs 
     that affect language-minority and limited-English-proficient 
     students and their families. The Secretary shall provide for 
     continuing consultation and collaboration between Office and 
     relevant programs operated by the Department, including title 
     I and other programs in this Act, in planning, contracts, 
     providing joint technical assistance, providing joint field 
     monitoring activities and in other relevant activities to 
     ensure effective program coordination to provide high quality 
     education opportunities to all language-minority and limited-
     English-proficient students. In no case shall such 
     coordination at the local, State or Federal level permit 
     funds under this title to be used in programs that do not 
     provide bilingual education or special alternative 
     instructional programs for the instruction of language-
     minority or limited-English-proficient students.
       ``(f) The Secretary shall, to the extent feasible, ensure 
     that all data collected shall include for the collection and 
     reporting of data on limited-English-proficient students in 
     all Departmental data keeping and with respect to all Federal 
     education programs.
       ``(g) Staffing Requirements.--The Secretary shall ensure 
     that the Office of Bilingual Education and Minority Language 
     Affairs is staffed with sufficient personnel trained or with 
     experience in bilingual education to discharge effectively 
     the provisions of this title.
       ``(1) Notwithstanding section 403 of the Department of 
     Education Organization Act, the Assistant Secretary may 
     appoint not more than 7 additional employees to serve as 
     staff without regard to the provisions of title 5, United 
     States Code, governing appointments in the competitive 
     service.
       ``(2) The employees appointed under paragraph (1) may be 
     paid without regard to the provisions of chapter 51 and 
     subchapter III of chapter 53 of that title relating to 
     classification and General Schedule pay rates, but shall not 
     be paid a rate that exceeds the minimum rate of basic pay 
     payable for GS-15 of the General Schedule.
       ``(h) Reading Applications.--For the purpose of reading 
     applications for competitive grants authorized under this 
     title, the Secretary shall use persons who are not employees 
     of the Federal Government and who are experienced and 
     involved in bilingual education including teachers, 
     researchers, and administrators of educational programs 
     similar to those assisted under this title. Readers of 
     applications for grants involving conservation of Indian 
     languages and other indigenous language which are subject to 
     loss shall include individuals with expertise in such 
     programs. The Secretary shall solicit nominations for 
     application readers from State directors of bilingual 
     education, graduate programs of bilingual education, tribal 
     organizations and professional associations and shall have 
     readers serve for a period of 3 years.
       ``(i) Publication of Proposals.--The Secretary shall 
     publish and disseminate all requests for proposals for 
     programs funded under this title.

     ``SEC. 7402. RELEASE TIME.

       ``Professional development programs funded under this Act 
     shall permit use of funds for professional release time to 
     enable participation in programs assisted under this part.

     ``SEC. 7403. EDUCATION TECHNOLOGY.

       ``Funds available under this Act may be used to provide for 
     the acquisition or development of education technology or 
     instructional materials, including authentic materials in 
     languages other than English, access to and participation in 
     electronic networks for materials, training and 
     communications, and incorporation of such resources in 
     curricula and programs such as those funded under this title.

     ``SEC. 7404. NOTIFICATION.

       ``The State educational agency, when applicable, the State 
     Board for postsecondary education, when applicable, the 
     clearinghouse, the applicable Evaluation and Assistance 
     Center and Multifunctional Resource Center shall be notified 
     within three working days of the date a grant is made to an 
     eligible entity within the State.

     ``SEC. 7405. CONTINUED ELIGIBILITY.

       ``Entities receiving grants under this title shall remain 
     eligible for grants for subsequent activities which extend or 
     expand and do not duplicate those activities supported by a 
     previous grant under this title. In considering applications 
     for grants under this title the Secretary shall take into 
     consideration the applicant's record of accomplishments under 
     previous grants.

     ``SEC. 7406. LIMITATION OF AUTHORITY.

       ``The Secretary shall not impose restrictions on the 
     availability of funds authorized under this title other than 
     those set out in this title or other applicable Federal 
     statutes and regulations.

                          ``PART E--TRANSITION

     ``SEC. 7501. TRANSITION PROVISIONS.

       ``Any grant or contract awarded under this title prior to 
     the date of the enactment of the Improving America's Schools 
     Act of 1994 shall be allowed to continue the term of the 
     original award in accordance with the conditions of the 
     original award but not for a period in excess of 3 years from 
     the date of the grant or contract.

            ``PART F--EMERGENCY IMMIGRANT EDUCATION PROGRAM

     ``SEC. 7601. PURPOSE.

       ``The purpose of this part is to assist eligible local 
     educational agencies that experience unexpectedly large 
     increases in their student population due to immigration to--
       ``(1) provide high-quality instruction to immigrant 
     children and youth; and
       ``(2) help such children and youth--
       ``(A) with their transition into American society; and
       ``(B) meet the same challenging State performance standards 
     expected of all children and youth.

     ``SEC. 7602. STATE ADMINISTRATIVE COSTS.

       ``For any fiscal year, a State educational agency may 
     reserve up to 1.5 percent of the amount allocated to it under 
     section 7604 to pay the costs of performing its 
     administrative functions under this part.

     ``SEC. 7603. WITHHOLDING.

       ``Whenever the Secretary, after reasonable notice and 
     opportunity for a hearing to any State educational agency, 
     finds that there is a failure to meet the requirement of any 
     provision of this part, the Secretary shall notify that 
     agency that further payments will not be made to the agency 
     under this part, or in the discretion of the Secretary, that 
     the State educational agency shall not make further payments 
     under this part to specified local educational agencies whose 
     actions cause or are involved in such failure until the 
     Secretary is satisfied that there is no longer any such 
     failure to comply. Until the Secretary is so satisfied, no 
     further payments shall be made to the State educational 
     agency under this part, or payments by the State educational 
     agency under this part shall be limited to local educational 
     agencies whose actions did not cause or were not involved in 
     the failure, as the case may be.

     ``SEC. 7604. STATE ALLOCATIONS.

       ``(a) Payments.--The Secretary shall, in accordance with 
     the provisions of this section, make payments to State 
     educational agencies for each of the fiscal years 1995 
     through 1999 for the purpose set forth in section 7601.
       ``(b) Allocations.--(1) Except as provided in subsections 
     (c) and (d) of this section, of the amount appropriated for 
     each fiscal year for this part, each State participating in 
     this program shall receive a share equal to the proportion of 
     its number of immigrant children and youth who are enrolled 
     in elementary and secondary public schools under the 
     jurisdiction of each local educational agency described in 
     paragraph (2) within that State, and in elementary and 
     secondary nonpublic schools within the district served by 
     each such local educational agency, relative to the total 
     number of immigrant children and youth so enrolled in all the 
     States participating in this program.
       ``(2) The local educational agencies referred to in 
     paragraph (1) are those local educational agencies in which 
     the sum of the number of immigrant children and youth who are 
     enrolled in elementary or secondary public schools under the 
     jurisdiction of such agencies, and in elementary or secondary 
     nonpublic schools within the districts served by such 
     agencies, during the fiscal year for which the payments are 
     to be made under this part, is equal to--
       ``(A) at least 500; or
       ``(B) at least 3 percent of the total number of students 
     enrolled in such public or nonpublic schools during such 
     fiscal year;

     whichever number is less.
       ``(c) Determinations of Number of Children and Youth.--(1) 
     Determinations by the Secretary under this section for any 
     period with respect to the number of immigrant children and 
     youth shall be made on the basis of data or estimates 
     provided to the Secretary by each State educational agency in 
     accordance with criteria established by the Secretary, unless 
     the Secretary determines, after notice and opportunity for a 
     hearing to the affected State educational agency, that such 
     data or estimate are clearly erroneous.
       ``(2) No such determination with respect to the number of 
     immigrant children and youth shall operate because of an 
     underestimate or overestimate to deprive any State 
     educational agency of the allocation under this section that 
     such agency would otherwise have received had such 
     determination been made on the basis of accurate data.
       ``(d) Reallocation.--Whenever the Secretary determines that 
     any amount of a payment made to a State under this part for a 
     fiscal year will not be used by such State for carrying out 
     the purpose for which the payment was made, the Secretary 
     shall make such amount available for carrying out such 
     purpose to one or more other States to the extent the 
     Secretary determines that such other States will be able to 
     use such additional amount of carrying out such purpose. Any 
     amount made available to a State from any appropriation for a 
     fiscal year in accordance with the preceding sentence shall, 
     for purposes of this part, be regarded as part of such 
     State's payment (as determined under subsection (b)) for such 
     year, but shall remain available until the end of the 
     succeeding fiscal year.
       ``(e) Reservation of Funds.--(1) If appropriations under 
     this part exceed $40,000,000 for a fiscal year, a State 
     educational agency may reserve up to 20 percent of its 
     payment for redistribution through competitive grants to 
     local educational agencies within the State in the following 
     manner:
       ``(A) At least one-half of such grants shall be made to 
     local educational agencies within the State with the highest 
     numbers and percentages of immigrant children and youth.
       ``(B) Remaining funds shall be distributed to local 
     educational agencies within the State with a sudden influx of 
     immigrant children and youth which are otherwise not eligible 
     for assistance under this part.
       ``(2) Local educational agencies with the highest number of 
     immigrant children and youth receiving additional funds under 
     this subsection may make information available on serving 
     immigrant children and youth to areas in the State with 
     sparse numbers of such children.

     ``SEC. 7605. STATE APPLICATIONS.

       ``(a) Submission.--No State educational agency shall 
     receive any payment under this part for any fiscal year 
     unless such agency submits an application to the Secretary at 
     such time, in such manner, and containing or accompanied by 
     such information, as the Secretary may reasonably require. 
     Each such application shall--
       ``(1) provide that the educational programs, services, and 
     activities for which payments under this part are made will 
     be administered by or under the supervision of the agency;
       ``(2) provide assurances that payments under this part will 
     be used for purposes set forth in section 7601, including a 
     description of how local educational agencies receiving funds 
     under this part will use such funds to meet such purposes, 
     and how the program designs are consistent with other 
     education improvement plans, including any developed under 
     Goals 2000: Educate America Act, if such plan exists, or 
     title I;
       ``(3) provide assurances that such payments, with the 
     exception of payments reserved under section 7604(e), will be 
     distributed among local educational agencies within that 
     State on the basis of the number of immigrant children and 
     youth counted with respect to each such local educational 
     agency under section 7604(b)(1);
       ``(4) provide assurances that the State educational agency 
     will not finally disapprove in whole or in part any 
     application for funds received under this part without first 
     affording the local educational agency submitting an 
     application for such funds reasonable notice and opportunity 
     for a hearing;
       ``(5) provide for making such reports as the Secretary may 
     reasonably require to perform the functions under this part;
       ``(6) provide assurances--
       ``(A) that to the extent consistent with the number of 
     immigrant children and youth enrolled in the elementary or 
     secondary nonpublic schools within the district served by a 
     local educational agency, such agency, after consultation 
     with appropriate officials of such schools, shall provide for 
     the benefit of these children and youth secular, neutral, and 
     nonideological services, materials, and equipment necessary 
     for the education of such children and youth;
       ``(B) that the control of funds provided under this part 
     and title to any materials, equipment, and property repaired, 
     remodeled, or constructed with those funds shall be in a 
     public agency for the uses and purposes provided in this 
     part, and a public agency shall administer such funds and 
     property; and
       ``(C) that the provision of services pursuant to this 
     paragraph shall be provided by employees of a public agency 
     or through contract by such public agency with a person, 
     association, agency, or corporation who or which, in the 
     provision of such services, is independent of such elementary 
     or secondary nonpublic school and of any religious 
     organization; and such employment or contract shall be under 
     the control and supervision of such public agency, and the 
     funds provided under this paragraph shall not be commingled 
     with State or local funds;
       ``(7) provide that funds reserved under subsection (e) of 
     section 7604 be awarded on the basis of merit and need 
     consistent with such subsection; and
       ``(8) provide an assurance that State and local educational 
     agencies receiving funds under this part will comply with the 
     requirements of section 1121(b).

     ``SEC. 7606. PAYMENTS.

       ``(a) Amount.--The Secretary shall pay by not later than 
     June 1 of each year to each State educational agency that has 
     its application approved under section 7605 the amount of the 
     State's allocation as determined under section 7604.
       ``(b) Services to Children Enrolled in Nonpublic Schools.--
     If by reason of any provision of law a local educational 
     agency is prohibited from providing educational services for 
     children enrolled in elementary and secondary nonpublic 
     schools, as required by section 7605(a)(6), or if the 
     Secretary determines that a local educational agency has 
     substantially failed or is unwilling to provide for the 
     participation on an equitable basis of children enrolled in 
     such schools, the Secretary may waive such requirement and 
     shall arrange for the provision of services to such children 
     through arrangements which shall be subject to the 
     requirements of this part. Such waivers shall be subject to 
     consultation, withholding, notice, and judicial review 
     requirements in accordance with the provisions of title I.

     ``SEC. 7607. USES OF FUNDS.

       ``(a) Use of Funds.--Funds awarded under this part shall be 
     used to pay for enhanced instructional opportunities for 
     immigrant children and youth, which may include--
       ``(1) family literacy, parent outreach, and training 
     activities designed to assist parents to become active 
     participants in the education of their children;
       ``(2) salaries of personnel, including teacher aides who 
     have been specifically trained, or are being trained, to 
     provide services to immigrant children and youth;
       ``(3) tutorials, mentoring, and academic or career 
     counseling for immigrant children and youth;
       ``(4) identification and acquisition of curricular 
     materials, educational software, and technologies to be used 
     in the program; and
       ``(5) such other activities, related to the purposes of 
     this part, as the Secretary may authorize.
       ``(b) Consortia.--A local educational agency that receives 
     a grant under this part may collaborate or form a consortium 
     with one or more local educational agencies, institutions of 
     higher education, and non-profit organizations to carry out 
     the approved program.
       ``(c) Subgrants.--A local educational agency that receives 
     a grant under this part may, with the approval of the 
     Secretary, make a subgrant to, or enter into a contract with, 
     an institution of higher education, a non-profit 
     organization, or a consortium of such entities to carry out 
     an approved program, including a program to serve out-of-
     school youth.

     ``SEC. 7608. REPORTS.

       ``(a) Triennial Report.--Each State educational agency 
     receiving funds under this part shall submit, once every 3 
     years, a report to the Secretary concerning the expenditure 
     of funds by local educational agencies under this part. Each 
     local educational agency receiving funds under this part 
     shall submit to the State educational agency such information 
     as may be necessary for such report.
       ``(b) Report to Congress.--The Secretary shall submit, once 
     every 3 years, a report to the appropriate committees of the 
     Congress concerning programs under this part.

     ``SEC. 7609. AUTHORIZATION OF APPROPRIATIONS.

       ``For the purpose of carrying out the provisions of this 
     part, there are authorized to be appropriated $40,000,000 in 
     fiscal year 1995, and such sums as may be necessary for each 
     of the fiscal years 1996, 1997, 1998, and 1999.

  The CHAIRMAN. Are there amendments to this title?


                     amendment offered by mr. roth

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

       Amendment offered by Mr. Roth: Beginning on page 618, 
     strike line 1 and all that follows through page 688, line 10.

  Mr. ROTH. Mr. Chairman, we Americans are people from every corner of 
the globe, every cultural, every religious, every linguistic, every 
ethnic background. We are the most diverse nation in the world. Yet we 
are one Nation, one people.
  Why? One of the main reasons is because we have a wonderful bond, a 
wonderful common glue, a commonality called the English language.
  From the very beginning of our government, Mr. Chairman, from 1789 to 
1968, 179 years, we did not have bilingual education as a governmental 
policy. Then in the 1960's, the period of the Great Society, the 
concept of bilingual education was established.
  Now for 25 years this issue has not been debated, and that is one of 
the reasons, one of the main purposes, for my amendment. Bilingual 
education is a failure. It costs the taxpayer, Federal, State, and 
local government, billions of dollars. It pits one group against 
another, and sets up now and in the future, linguistic ghettos, and it 
sets up entire subcultures. This is not what we want in America because 
we realize what they will mean to America's future. It only helps 
bilingualism, only helps professional activists and politicians who 
profit from this policy.
  Listen to Everett Alvarez, Jr., best-selling author and a decorated 
Vietnam war hero:

       Like my parents before me, and with even more justification 
     than they had, I believe that education is the key to a 
     successful and happy life in an open society. With that in 
     mind, I oppose the movement to make Spanish (or any other 
     foreign tongue) a second coequal language in American 
     schools. This is a hindrance, rather than a help to the young 
     people who will eventually have to make their way in an 
     English speaking society.

  Listen, as well, to Jose Fabila, a Sacramento businessman who 
testified at the English language task force hearings we held in August 
of last year:

       English is the language of opportunity for everybody in 
     this country. Bilingual education has been created for 
     political purposes. Immigrants have not even asked for these 
     services. Government bureaucrats fight for bilingual programs 
     because they get money and status from them. It is in this 
     way that the government divides us on the basis of language 
     and national origin. It is a grave danger to all of us.

  And it was best said by Ernesto Ortiz, a foreman on a south Texas 
ranch who put it this way:

       My children learn Spanish in school so they can grow up to 
     be busboys and waiters. I teach them English at home so they 
     can grow up to be doctors and lawyers.

  Arthur Schlesinger, in his fine little book, The Disuniting of 
America, and many people are talking about this particular issue, where 
America is headed, but he says, and I quote in just a sentence:

       And in a world savagely rent, and we see that, by ethnic 
     and racial antagonisms it is all the more essential that the 
     United States continue as an example of how a highly 
     differentiated society holds itself together.

  And in another place he says:

       Bilingualism is an elitist, not a popular, movement. 
     Institutionalized bilingualism remains another source of 
     fragmentation of America, another threat to the dream of one 
     people.

  Mr. Chairman, people who have given this a good deal of thought 
realize that, if we are going to remain one Nation, one people, then we 
have to have a commonality that brings all of our cultures together. It 
is great for us to have different cultures and for people to speak any 
language they want in their home, to cherish their culture, but we have 
to have a commonality, a common link that brings all us together as 
Americans, and that is the English language. Not only are immigrants 
taught in bilingual education from outside of our country coming in, 
but also people who were born here are now in bilingual education.

  Charles Pacheco, and ex-marine and a native-born American, has this 
story to tell: His daughter was placed into a bilingual education 
program, not because she didn't speak English, but because her last 
name was Hispanic in origin. Even after Mr. Pacheco informed the school 
that no one in his home spoke Spanish, his daughter remained trapped in 
that bilingual education class.
  My position is best stated by a Chicago Tribune editorial:

       Bilingual education has ossified into practices that foster 
     and prolong ethnic segregation and isolation. It robs 
     children of their best chance to become full participants in 
     American life. And it contributes to the fragmenting of this 
     nation into competing ethnic splinters, increasingly 
     conscious and defensive of our differences instead of our 
     unity.

  We are all Americans. Let us rise above special interests. Let us 
rise above the education lobby. Let us rise above group mentality. This 
is our country, our entire country. It belongs to all of us.
  Let us, therefore, proceed and vote on this amendment so that we can 
keep one Nation, one people, indivisible.
  Joseph Califano, who was President Carter's Secretary of Health, 
Education, and Welfare from 1979 was with President Johnson when this 
program was initiated in 1968.
  The CHAIRMAN. The time of the gentleman from Wisconsin [Mr. Roth] has 
expired.
  (By unanimous consent, Mr. Roth was allowed to proceed for 30 
additional seconds.)
  Mr. ROTH. Mr. Chairman, here is what he said:

       Of most serious concern to me was that the HEW bilingual 
     education program had become captive of professional Hispanic 
     and other ethnic groups with their understandable emotional, 
     but often exaggerated, political rhetoric and biculturalism.

                              {time}  1450

  Joseph Califano was there when this was started, and he has now said 
that it is time for us to rethink this program because it does not 
serve our immigrant children of America.
  Mr. FORD of Michigan. Mr. Chairman, I rise in opposition to the 
gentleman's amendment.
  (Mr. FORD of Michigan asked and was given permission to revise and 
extend his remarks.)
  Mr. FORD. of Michigan. Mr. Chairman, the gentleman's closing remarks 
are the most telling. He says that Joseph Califano was with the Johnson 
administration when they invented bilingual. That is just another 
illustration that the gentleman does not know what he is talking about. 
Bilingual education was not invented by or created by the Congress or 
by any State legislature. The requirement placed upon the States to 
provide bilingual education resulted from a Supreme Court decision, Lau 
versus Nichols, and the remedies developed by U.S. Commissioner of 
Education Jewell Bell to assist States in meeting the spirit of that 
decision.
  The Lau decision involved Chinese children from San Francisco who 
were dispersed into schools where there were no Chinese speaking 
teachers. There was a lawsuit brought on behalf of some of those 
students. The Supreme Court held that if the children could not be 
communicated with by the teacher, they could not get a free public 
education.
  They used the same reasons they have used in the past to force 
schools to buy school books for children and to force schools to buy 
slates for children, and pencils and papers.
  If we adopt the gentleman's amendment, we abolish the help that the 
Federal Government gives to States and localities to provide the 
remedies developed to meet this Supreme Court decision. We do not 
impose a mandate. We came along and said if States are going to have to 
ensure a meaningful education to students who do not understand 
English, we had better give them some help. The gentleman's amendment 
would stop the help we have been giving them for 20 years to meet this 
court-imposed mandate.
  The Bilingual Education Act is the major Federal assistance 
specifically designed to help State and local agencies meet the needs 
of the limited English-proficient students. Schools are at the present 
time facing the largest influx of immigrants since the early 1990's. 
Limited English-proficient students are the fastest growing segment of 
our school population.
  California experienced a threshold increase in the limited English-
speaking proficient population during the past decade, with 1 million 
students attending California's schools. In New Mexico, 2 of every 10 
students is limited English-proficient. In Texas, 1 of every 10 
students is limited English-proficient. During the 1980's the 
population of limited English-proficient children coming to the schools 
increased 38 percent in Montana, 46 percent in Oklahoma, 39 percent in 
South Dakota, 36 percent in North Dakota, and 41 percent in Delaware. 
We can go all across the country and track these numbers and we will 
see it.
  The Federal Government which controls immigration policy has a 
responsibility to the public schools by offsetting the cost of their 
need of additional resources they are mandated to spend because the 
courts have said that they will have to have those programs. If we 
would adopt the gentleman's amendment, we would not stop one bilingual 
program in this country. What we would do is force our States or our 
local school districts at the point of a gun held by the court system 
to come up with money from some other source, and this year we are 
going to have to replace $156 million with local tax money. If we want 
to dump this burden into the local taxpayer and take it out of our 
regular school programs, we can vote for the Roth amendment. If Members 
think they are getting a cheap shot at people who do not speak English 
very well or little children who live in a household where English is 
not spoken, they can take the cheap shot.
  Perhaps Members may, like the gentleman from Wisconsin, think that 
would be a good political move. I think it is just plain stupid.
  Mr. Chairman, I urge the Members to vote against the amendment.
  Mr. Chairman, I submit the following material following my remarks:

        Oppose the Roth Amendment To Repeal Bilingual Education

       The Bilingual Education Act makes clear that parents 
     choose, are not required, to enroll their child in a 
     bilingual program. Bilingual Education offers choice.
       Schools that are able to offer two-way bilingual programs, 
     are finding that their limited-English-proficient students 
     acquire English faster and in greater depth than limited-
     English-proficient students in the same school who are placed 
     in English immersion programs.
       The amendment is opposed by the Dept. of Education, OMB and 
     diverse organizations, including: American Assn. of School 
     Administrators, National Conference of State Legislatures, 
     U.S. Catholic Conference, National School Boards Assn., 
     National Parent Teacher Association, National Assn. of State 
     Boards of Education, Nat'l Assn. of Elementary School 
     Principals and others.
       This amendment would discourage the use of bilingual 
     education programs, in favor of English immersion programs. 
     Under the Committee's bi-partisan bill, English immersion 
     programs are supported and so are bilingual education 
     programs. The bill approved by the Committee helps schools 
     offer ``choice'' to their students for the instructional 
     approaches which work best in each individual situation.
       Limited English proficient children would be discouraged 
     from reaching high academic standards in their native 
     languages while acquiring English. This provision eviscerates 
     a major premise of the bill which is to hold all students to 
     high academic standards. Almost all the research looking at 
     long-term results over at least four years has found that the 
     greater the amount of instructional support in one's native 
     language, combined with balanced support in English, the 
     higher they are able to achieve academically in English in 
     the succeeding academic years. In Arlington County Virginia, 
     a two-way bilingual education program begun 8 years ago in 
     one elementary school has been so successful that (1) a 
     second program was begun in an elementary school close by to 
     meet the large demand, (2) a junior high school program was 
     implemented in the same area in response teacher and parent 
     desire for a continuation of the program, and (3) a high 
     school two-way bilingual program is about to be offered in 
     that same area.
       The Committee bill is carefully crafted to provide a 
     balance of support for bilingual education programs and for 
     special alternative instructional programs (those using 
     English). The amendment would alter this balance which 
     ensures that schools with students of diverse language 
     backgrounds and schools without access to proficient 
     bilingual education teachers are given full consideration for 
     program funds.

  Mr. FORD of Michigan, Mr. Chairman, lastly, let me read from a letter 
from Secretary Riley who opposes this amendment.

                                      Department of Education,

                                   Washington, DC, March 21, 1994.
       Dear Member of Congress: I am writing in strong opposition 
     to the Roth amendments which may be offered to H.R. 6, the 
     reauthorization of the Elementary and Secondary Education 
     Act. These amendments to Title VII would prohibit the 
     implementation of bilingual education, or, alternatively, 
     eliminate all Federal support for Title VII services to 
     limited-English-proficient children.
       Since its inception some 25 years ago, Title VII has been 
     the primary Federal education assistance program for states 
     and local schools in their educational equity pursuits in 
     behalf of limited-English-proficient students. Elimination of 
     this program would place further burden on state and local 
     education agencies as they implement legally mandated 
     requirements to educate limited-English-proficient students 
     (under the Supreme Court's Lau v. Nichols decision) while the 
     number of these students increases to record proportions.
       Moreover, research over the last decade, including the 
     Education Department's independent evaluations of bilingual 
     education programs, indicates clearly that bilingual 
     education strategies can be effective in the development of 
     English language competencies and related academic content 
     achievement.
       I hope you will vote against these amendments.
           Yours sincerely,
                                                 Richard W. Riley,
                                                        Secretary.

  Mr. EMERSON. Mr. Chairman, I move to strike the last word.
  (Mr. EMERSON asked and was given permission to revise and extend his 
remarks.)
  Mr. EMERSON. Mr. Chairman, While Mr. Roth, and I share many similar 
views, such as the importance of the English language, I must rise 
today in opposition to the Roth amendments to H.R. 6 which would 
restrict or eliminate federally supported bilingual education programs.
  As my colleagues may know, I am the persistent author of several 
pieces of legislation regarding the English language. One bill would 
declare English to be the official language of our Federal Government, 
another would offer tax credits to employers who offer English language 
training and instruction to the employees, and another would prohibit 
citizenship ceremonies in a language other than English.
  I have introduced and strongly support these bills because I know it 
is the bond of language that has blended our many cultures to form a 
heritage that is uniquely American. The movement for official English 
is inclusive, and it seeks to extend the American Dream to all 
Americans, regardless of race, religion, national origin, or language 
ability.
  In order to achieve nationwide communication in English, bilingual 
education must continue. Children from all over the world face a 
difficult transition from their native language into English fluency 
when they enter American schools. Bilingual education is based on the 
idea that the transition can be eased when children can be taught--
temporarily--in the language they understand.
  I do share the concerns of Mr. Roth that some bilingual education 
programs may be losing sight of the original goal of bilingual 
education. The goal of bilingual education was and is to help children 
become fluent in English as quickly as possible. For example, while I 
recognize that there is a transition period whereby children need time 
to learn English, I do not agree with some educators and policymakers 
about the length of the transition period--which some believe should 
last as long as 8 years. Bilingual education was enacted because 
Congress wants limited English proficient students to quickly learn 
English and move on.
  I think that--as with many Government programs--bilingual education 
could certainly stand changing and updating. However, these 
improvements will not take place if local schools lose Federal funds or 
if all references to bilingual education are eliminated. Instead, we 
need to work to ensure that local schools have the flexibility to use 
these funds for programs they believe work best. Bilingual education 
programs which use innovative methods to move students along more 
quickly and thus integrate them with their peers sooner should be 
encouraged, rewarded, and highlighted for others to replicate.
  Knowledge of English is a key to opportunity in America. Those who 
don't speak English have only a limited number of doors available to 
them. In 1990, one in seven children lived in a home where a language 
other than English was spoken. For these children, a bilingual 
education class which quickly and effectively leads to fluency in 
English is crucial to their futures.
  For these reasons, I cannot support the Roth amendments and urge 
their defeat. But I want to encourage my colleagues to support the 
underlying issue for these amendments, official English and the 
Language of Government Act. Legislating a common language makes common 
sense. By designating English as the official language of the Federal 
Government, we will create a channel of communication common to all the 
diverse peoples of this great Nation of ours. Bilingual education and 
official English can work together to bring our Nation together.

                              {time}  1500

  Mr. KILDEE. Mr. Chairman, I move to strike the requisite number of 
words.
  Mr. Chairman, I oppose the gentleman's amendment. Bilingual 
education, as has been pointed out by the gentleman from Michigan [Mr. 
Ford], our chairman, is the only Federal assistance program designed to 
help State and the school districts to meet the needs of students with 
limited English proficiency.
  I would suggest the gentleman read the bilingual section of this 902-
page bill, where it gives the purpose of bilingual education. I helped 
write this purpose of bilingual education in a bipartisan way with 
people like Steve Bartlett and John McCain, when he was a Member of the 
House.
  It is the purpose, the bill reads, of this title, to help ensure that 
limited English proficient students master English and develop high 
levels of academic attainment in content areas.
  That is the purpose of bilingual education. With John McCain, and 
Steve Bartlett, when we worked on this bill over the last three 
authorizations, we allowed 25 percent of the money to be used for 
alternative methods of helping these students with limited English 
proficiency. And with Mr. Goodling's amendment in committee, we allow 
waivers to go beyond that 25 percent.
  We recognize that it would be a terrible social failure, a terrible 
educational failure, for a student to finish school not being 
proficient in English. Bilingual education, as written in this bill, 
recognizes that. But we wanted to make sure that those students do not 
fall behind in promotion or in graduation because of their lack of 
English proficiency. When they are in the third grade, we want them to 
become English proficient, but at the same time, when they are learning 
the other subjects, to use their native language when necessary, to 
make sure they do not fall behind their peers in that class.
  Again, I will read to the gentleman. The purpose of this title is to 
ensure that limited English proficient students master English. We want 
them to do that. We do not want them to fall behind their peers in 
their other subjects.
  Ms. ROS-LEHTINEN. Mr. Chairman, I move to strike the requisite number 
of words.
  Ms. ROS-LEHTINEN. Mr. Chairman, I rise in opposition to the 
amendments offered by Representative Roth which would restrict or 
eliminate federally funded bilingual education programs.
  One of the amendments would deny thousands of disadvantaged students 
of the essential services they need to succeed educationally. The other 
amendment would eliminate badly needed funding to schools which are 
legally required to provide special services to students with limited 
English proficiency.
  Bilingual programs aid students who do not speak English to develop 
competency in English, and they aim to ensure that these students 
maintain good academic progress in other academic areas. Eliminating 
the bilingual programs would deprive bilingual children of an essential 
part of their education. The consequences to this are devastating--not 
only to these children and their families, but to the country as a 
whole, when these children reach adulthood.
  I learned English through a bilingual program when I came to this 
country as a child and therefore, I witnessed firsthand the invaluable 
service this program provides. As a certified teacher, I have seen how 
students in bilingual programs succeed in school, and tackle 
challenging situations.
  Bilingual programs address the different needs experienced by 
students who are learning a second language. These needs are the 
ability to communicate in English, the type of English needed to 
socially interact, and the type of English needed to successfully 
participate in the curriculum. The bilingual program offers techniques 
that account for different linguistic and cultural habits as well as 
speeding the process of language learning by reinforcing both 
languages.

  Removing these programs means that we are disregarding the high 
percentage of students whose first language is not English. A bilingual 
program is imperative if we are to make productive citizens out of all 
our students. That is why I oppose Mr. Roth's amendments and I urge my 
colleagues to do the same.
  When I came to the United States at age 7, I did not know how to 
speak one word in English. The classroom was totally bewildering to me, 
because I did not understand anything the teacher was saying. But, 
because the Dade County Public School System was, and continues to be, 
a vanguard in the bilingual educational movement, programs were already 
being implemented to help refugee children--thousands of them--just 
like me.
  I went to Southside, Riverside, and Shenandoah Elementary Schools in 
Miami and all had excellent bilingual programs.
  In a few years, all of us Cuban refugees were able to be mainstreamed 
into an English-only classroom.
  Could I have survived without a bilingual program? No, I doubt it. 
Bilingual programs helped me understand the subject matter and also 
have the self-confidence I needed to excel in school. There are more 
little Ileana's out there. Help them learn. Support bilingual 
education. Defeat the Roth amendments.
  Mr. de la GARZA. Mr. Chairman, I move to strike the requisite number 
of words.
  Mr. Chairman, I rise against the amendment, but first let me add a 
little bit of history that may not be known to most of us here.
  Where I live in Texas, my hometown of Mission, TX, the first 
nonoriginal language spoken there was Spanish, when the Spaniards first 
came. Later they wove in with what is now Mexico, but the language 
still remained Spanish. Later they came from the northeast, other white 
Europeans, but not Spanish speaking, to that area of Texas.
  When I was in the State legislature, there was a gentleman named 
Felix Tijerina from Houston, who had grown up near Houston, and the 
problem there then was every household was Spanish speaking. Therefore 
when a child went to the first grade, he failed, except for a very 
bright one. The second grade, he failed. The third grade he failed, 
because there was no involvement at all from the Spanish community. All 
of the teachers were English-speaking teachers.
  Felix Tijerina then moved as a young child to Houston, working in a 
restaurant washing dishes. Eventually he moved into an assistant cook 
position. He eventually became the cook. Eventually he became the 
manager. Eventually he bought the restaurant, which is the American 
dream. But he had not yet mastered English. He had only a third grade 
education. But he had a heart as big as this Chamber, and he did not 
want the youngsters to go through in his day and age what he had gone 
through. So he went and inquired, what is the problem? They do not know 
enough basic words of English to successfully finish the first grade.
  Therefore, with his own funds, he went and got one of his teachers, 
and they looked about how to remedy this. The State would not touch it. 
Therefore, this teacher told him that you needed 400 basic words of 
English not to remain in the first grade beyond the 1 year. So he 
funded several seniors from the high school in the summer prior to the 
first grade for the children in that neighborhood where he had grown 
up, and paid them a stipend to teach the children the basic 400 words 
of English.
  That little school was then called the Little School of the Four 
Hundred. It was sponsored by the League of United Latin American 
Citizens and Felix Tigerina through their own resources. Eventually it 
caught the eye of then Governor Price Daniels, and three Members of the 
Legislature, Malcolm McGregor of El Paso, Oscar Laurel of Laredo, and 
myself sponsored what we called the preschool English legislation. And 
it passed the House, and it passed the Senate. It was signed by 
Governor Daniels at the time.
  This is what we are arguing here basically in ignorance. Why did we 
get there? Why did it happen? The only thing that we can do now is to 
fund what the courts ordered. During elections you hear about unfunded 
mandates.

                              {time}  1510

  That was the problem. Eventually, it became such a problem that the 
Federal courts moved into it. And then we legislated. I was here.
  The problem became what we are now suffering, that is, it became a 
Spanish issue in the areas where Spanish was spoken, little knowing 
that it was French in another area and German in another area and 
Polish in another area and Slovak in another area.
  But now we are bashing someone who looks Oriental or if they look 
like me. Someone recently said, ``We need more European-sounding names 
around here.'' Is de la Garza a European-enough name for my colleagues? 
Or does it have to be Winthrop or Walsh? That is what the argument is 
all about. It is not about the funding. It is that we are down on 
anyone that does not look American, whatever the heck that is. I guess 
it is one that looks like you.
  And this is the area that we are legislating mostly in ignorance, 
with some degree of emotion of a negative kind. I urge my colleagues 
not to discuss this type of amendment. We need to educate our children. 
We need to stop crime in the streets. We need to get more housing. We 
need to build more roads.
  We should not be wasting our time on if someone is speaking English 
or Spanish, does he look Oriental or does he look Hispanic.
  The CHAIRMAN. The time of the gentleman from Texas [Mr. de la Garza] 
has expired.
  (By unanimous consent, Mr. de la Garza was allowed to proceed for 1 
additional minute.)
  Mr. de la GARZA. Mr. Chairman, I was asked recently by a person, 
``Why don't you just put American where it says nationality?'' I said, 
``Fine with me, but what do we do about Central America? What do we do 
about South America?''
  He said, ``Well, I hadn't thought about that. I thought Americans was 
us.''
  A friend of mine who is a singer from Mexico was in Canada not too 
long ago. And at the end of his program, he sang ``God Bless America.'' 
A Canadian walked up to him and said, ``Why are you singing that 
here?'' He said, ``Is not Canada a part of North America? Are we not 
Americans all from Chile to Canada? Should we say this language, yes, 
that language, no?''
  I say, let us worry about the issues of the day and not emotional 
outbursts of a negative nature. That is why I oppose this amendment, 
Mr. Chairman.
  Mr. TAYLOR of North Carolina. Mr. Chairman, I move to strike the 
requisite number of words.
  The CHAIRMAN. The Chair recognizes the gentleman from California [Mr. 
Cunningham], a member of the committee.
  Mr. TAYLOR of North Carolina. Mr. Chairman, is it possible to have 
some support statements made on the floor, since most have been 
negative?
  The CHAIRMAN. The Chair is to give priority to members of the 
committee and does not confer recognition by stated position on the 
issue. The gentleman will be recognized in due course.
  Mr. CUNNINGHAM. Mr. Chairman, I move to strike the requisite number 
of words.
  The gentleman from Wisconsin [Mr. Roth], my good friend, probably 99 
percent of the time on this House floor I would be in support of the 
gentleman, but as a member of the committee, I must oppose this 
amendment. And if Members look at the gentlewoman from Florida [Ms. 
Ros-Lehtinen], take a look at a young woman that came to this country 
from Cuba and spoke no English. She rose to be a Member of the U.S. 
Congress.
  I would ask my colleagues to take a look at what her opportunities 
would have been if she would have gone through junior high school or 
even high school and not spoken or not been able to learn the English 
language.
  That happens in many cases in the State of California. I support 
English as a first language for this country. If I were going to move, 
and I am sure, Mr. Chairman, if Members would take their children to 
Russia, I would want my children to learn Russian better than they knew 
English. I would want them to know English as well from their home 
country, but I would want them to know Russian because they would have 
to operate not only in the school system but in the business place with 
that language. And to be successful, it would be mandatory.
  I would hope that those Russian schools would support my children in 
learning the language in the mother-tongue of that country.
  I take a look at the Paul Ecke School in my own district, which has a 
lot of limited-English-proficient children. It is a flower-picking 
area. I am talking about legal children, legal residents of this 
country. The illegals, it is a totally different issue.
  But there are many children, 5 years old, 6 years old, 7 years old. I 
have sat in those classrooms and watched the teachers teach these 
children.
  Again, visualize a 5-year-old learning English, and then take that 
same child to when they are in the fifth or sixth grade and not 
proficient in the English language. What kind of future, where we have 
a large portion of children dropping out of school, what happens to 
them? They end up selling crack on the street corner or getting 
involved in low-income jobs and not having much of a future or even on 
welfare.
  So the investment that we make in these children early on, getting 
them prepared to live and work in this country and speak the language 
helps them and it helps us.
  This is not an issue of race or what a person looks like. It is an 
issue of what a person can learn, what a person can do to help 
themselves so that we as the Government do not have to help them when 
they are adults.
  I see a time in the future in the country, like France, where they 
have actually modems that go into the homes. When I walk precincts in 
my district, I go into homes where none of the parents speak English. 
They are legal citizens of this country, but they are on welfare or, in 
many cases, low-income jobs. I would like to see, through the 
information highway someday, where we reach out into the homes with 
these people to teach them English so that they can take part in the 
workplace and strengthen the economy and get off the Government dole.
  Mr. Chairman, in this case I go against the amendment of my good 
friend, the gentleman from Wisconsin [Mr. Roth]. In the name of the 
children and as a good investment, vote against this amendment.
  Mr. MARTINEZ. Mr. Chairman, I move to strike the requisite number of 
words, and I rise in opposition to the amendment.
  My colleagues are looking at someone who has not always been a 
bilingual supporter. I think it was not until more recent years that I 
began to understand the gravity of young people entering into our 
schools speaking a different language and not being able to comprehend 
the studies and not being able to do the studies and falling behind and 
falling further and further behind all the time.
  Understand this, there are a lot of myths surrounding bilingual 
education, and they are promoted generally by somebody who has a 
certain vested interest. I am not suggesting my friend, the gentleman 
from Wisconsin [Mr. Roth] has a vested interest. He is genuinely 
sincere in what he is trying to do here. He is down the hall from me. I 
see him all the time. On occasion we talk about this.
  He talks to me about the Hispanics who sign letters and make 
statements, antibilingual education. That is nothing new to me.
  I remember not too long ago when this same kind of debate was taking 
place in California, that there was an editorial or there were letters 
to the editor on the issue in the Times, the local paper there. And if 
Members looked at the letters to the editor, those that were against 
bilingual education were signed by Hispanics. Those that were pro-
bilingual education were not signed by Hispanics. Non-Hispanics signed 
those letters. But almost all of those that signed the letters in 
support of bilingual education were professionals where the other 
people were just laypeople and were emotional about it.
  There are several reasons. I can understand, and if Members look at 
the history of Hispanics in the United States and understand that they 
are fiercely loyal to this country, fiercely patriotic, and still they 
are trying to allow themselves the enjoyment of their culture and 
appreciation of their culture and pride of their culture. For too many 
years they were denied that. For too many years they were denied that.
  And so we can understand why some Hispanics, wanting to be that proud 
American, want to be called just an American not a Mexican-American. I 
had a friend who once told me, he said, ``I am sick and tired of being 
called a Mexican-American. My parents were born in this country. Their 
parents before them were born in this country, and their parents before 
this country was a country were born here. And yet I am still called a 
Mexican-American.''

                              {time}  1520

  Yet, if some blond, blue-eyed individual got off the boat one 
generation ago, he is now called an American. So we can understand why 
there is a fierce, determined need to be called American.
  If we look at our history in wars, in every major war Hispanics have 
been the most decorated heroes of those wars, even the ones they do not 
call a war. If we look at World War II, the Hispanic community as an 
ethnic group won more Congressional Medals of Honor than any other 
group, fiercely proud of being American, fiercely proud of their 
ability to speak the English language.
  Let me tell the Members, if we visit the reunions of the 
Congressional Medal of Honor winners we will find many of them still 
speak English with a broken accent, deprived of proper education at a 
very young age.
  I want to associate my remarks with those of the gentlewoman from 
Florida [Ms. Ros-Lehtinen] who is an immigrant from Cuba who came to 
this country. She sits here in Congress a proud American, proud of her 
ability to speak Spanish, which she learned without the benefit of 
bilingual education.
  Let me tell the Members a few of the myths about bilingual education 
and where it does do some good. The gentleman from Michigan [Mr. Ford] 
and others have spoken about the need for bilingual education because 
it is the Head Start for Hispanics. It is the Head Start for Hispanics.
  We know what Head Start does for our young people. It gives them the 
ability and a greater chance of finishing school, of being more likely 
to graduate and go on to higher education. It gives them the advantage 
of less likelihood of being in criminal activities or being members of 
gangs. It does all of these things.
  Bilingual education is the Head Start for Hispanics. I have two 
daughters-in-law, one born in Ecuador and one born in the United States 
of America. The one born in the United States of America is a first 
generation American. The one born in Ecuador is, naturally, an 
immigrant.
  My daughter-in-law has taught her three children Spanish, and they 
speak Spanish fluently without any accent of English, and they speak 
English without any accent of Spanish. As a result, they have done very 
well in school, and have been promoted several grades, to the point 
that she is now holding them back because they will leave their age 
group too far from their age group.
  My other daughter-in-law, who was born in this country, first 
generation American, is a bilingual education teacher in the Montebello 
School District, and yet she will not teach her children Spanish until 
they learn English. Should this not this tell us something?
  I did not speak Spanish to begin with, I spoke English to begin with, 
and I as an adult had to learn Spanish in order that I could have the 
same kind of pride in my culture and my background as does the 
gentlewoman from Florida [Ms. Ros-Lehtinen], as does the gentleman from 
New York [Mr. Serrano], and many other Members of the Hispanic Caucus 
here. We are just as good Americans as anyone else.
  Bilingual education is necessary for our children to get a head 
start. Without it, they do not learn the labels that they need to know 
and make the translations they need to know from Spanish to English. It 
benefits us, it benefits me, it benefits all of us that there is 
bilingual education.
  Mr. TAYLOR of North Carolina. Mr. Chairman, I move to strike the 
requisite number of words.
  Mr. Chairman, I rise today to support of the Roth amendment. Title 
VII of H.R.6 authorizes over $1 billion to be spent on programs to 
teach non-English speaking and non-English proficient students in their 
native languages. The proponents of this program assert that by 
teaching these students science, math, and history in other languages, 
they will learn English faster. This theory makes absolutely no sense 
at all. Yet, this is what Congress has insisted that most schools do 
for 27 years now. And if we ask the administration how well these 
programs are working, they tell us to give them a few more years and a 
lot more money and they will get back to us. This experiment simply 
does not work. Non-English proficient children deserve the opportunity 
to grow up, live, and work in this great Nation unhindered by language 
barriers, and proper education in English is the only way to insure 
that opportunity exists.
  Moreover, the cost of this program in training and resources cannot 
be justified by the results we have seen over the years. For example, 
we must train teachers to teach subjects such as math, science, and 
history in other languages in addition to the teaching assistants, 
books, and visual aids that must be purchased. Then, when you multiply 
these costs by the number of language groups in each school system--115 
in New York, 100 in Chicago, 89 in Denver, et cetera--it becomes 
obvious that assimilating our schools to these students rather than 
helping these students adapt to life in the United States is much more 
costly in time and money.
  Let me share some facts with you:
  First, immigrants want their children to learn English. A 1985 poll 
in Dade County, FL, revealed that 98 percent of Dade County Hispanic 
parents agreed that it was essential for their children to speak and 
write English perfectly--versus 94 percent of the Anglo parents.
  Second, Thomas Sowell, in his book ``Inside American Education,'' 
cited numerous surveys proving that the great majority of Hispanic 
parents--more than three-fourths of Mexican-American parents and more 
than 80 percent of Cuban-American parents--are opposed to the teaching 
of Spanish in the schools at the expense of English.
  Third, 97 percent of all Americans support making English the 
official language as was proved by an October 1993 ``U.S.A. Weekend'' 
poll.
  I urge my colleagues to support the Roth amendment and give every 
child in American the chance to learn our national language.
  Mr. SERRANO. Mr. Chairman, I move to strike the requisite number of 
words.
  Mr. Chairman, one of the problems with this amendment, the Roth 
amendment, is that it is an amendment that speaks to the language issue 
during an education debate, and while the language issue may, for some 
people, be a legitimate issue, it certainly does not belong in this 
kind of a debate, because this debate should be about education.
  The fact of life is that if we take it as an education issue, 
bilingual education has been proven to help. The National Academy of 
Sciences found in 1992, in its assessment of two major evaluations, 
that bilingual education was helping and not hindering young people so 
they could acquire English as their main language.
  Much has been said here today about parents somehow desiring their 
children not to speak English. We cannot really believe that. The fact 
of life is that most polls taken of parents newly arrived from any 
community, indicates that parents want for their children as quickly as 
possible to learn to speak English.
  Bilingual education is a tool to allow people to learn subject matter 
while at the same time they learn to speak English. I can tell the 
Members from personal experience the difficulty of being placed in a 
mainstream program without knowledge of the language.
  When I arrived in New York from Puerto Rico, I arrived as a migrant, 
not as an immigrant, speaking Spanish only. I recall how difficult it 
was for myself and for that group of youngsters who were in that 
classroom, because we had the language problem; one, we were not 
allowed to participate in any regular classroom work, so it was 
something like the fifth grade before most of us knew who George 
Washington was and what he had accomplished, when in fact we could have 
been told in Spanish who Jorge Washington was in the second grade and 
what he had accomplished.
  Also, I recall the difficulty, the traumatic difficulty, of having a 
neighbor of mine who came from a family and at that time was told that 
you did not make one move in the classroom without the teacher's 
permission, so he could not communicate with the teacher in Spanish or 
in English the fact that he had to leave the room, and he wet his 
pants, and until the time he was in high school, his records indicated 
that because of his behavior in the second and third grade, there was 
something terribly wrong with this guy, and there in fact was nothing 
wrong, only the fact that they could not communicate in the same 
language.
  Those are facts of life, how people have to deal with this particular 
problem. The other thing that is interesting about this debate is that 
it strikes bilingual education programs, without making any provisions 
for the fact that, as the gentleman from Michigan [Mr. Ford] said, 
these programs would still continue to be part of every State's 
responsibility.

                              {time}  1530

  For instance, California would have to come up with $59 million if 
this amendment was approved. New York would have to come up with $26 
million, Texas with $12, the State of Washington with $3, Alaska almost 
$1.2, and on and on to replace these programs at the local level, 
replace the Federal funding, which is going to cost a lot to these 
local governments.
  The real issue in this debate is the issue of whether or not we as 
Americans are going to continue to be fearful of languages other than 
English.
  I must tell my colleagues this part of the debate is the part I find 
the most difficult to understand.
  Why is it that we continuously get on the floor of this House and 
talk about how we must compete with other people throughout the world, 
and yet when our businessmen meet those other business people they have 
to speak in English, because we have never learned their language. The 
Japanese businessmen speak English. Is it because they recognize 
English as the most important language in the world? Is it because they 
are fearful of us? Is it because they think it is such an easy language 
to speak? Or is it perhaps that a very intelligent business community 
has decided that it is good business to learn languages other than 
their own? The Germans, the French all speak other languages.
  I recall in the 1960's or 1970's in the era of the so-called 
spaghetti westerns, if Members will recall we had French actors, we had 
Italian actors, we had Spanish actors who dubbed their movies in three 
or four different languages. Yet, when Clint Eastwood or Charles 
Bronson or any of our other actors did not speak another language, we 
realized that this horrible dubbing did not sound anything like Clint 
Eastwood or Charles Bronson.
  Let us not be dubbed in other languages. Let us learn the other 
languages of the world.
  Mr. DIAZ-BALART. Mr. Chairman, I move to strike the requisite number 
of words.
  Mr. Chairman, I have great respect for my friend, the gentleman from 
Wisconsin [Mr. Roth], which he knows, and I am of the belief that this 
is a legitimate debate, because I have at times been asked whether or 
not it is possible that bilingual education, by continuing teaching in 
the classroom in a native language, that the students may be retarded. 
I have been asked that question, whether they may be retarded in their 
learning of English. I have studied this issue at some length and in 
some depth, visiting a number of bilingual education programs and have 
learned that, on the contrary, bilingual education increases the 
rapidity, increases the speed with which students become totally fluent 
in the English language, and at the same time, at the same time it 
permits them not to sink while they are learning. In other words, to 
stay afloat on the substantive areas that they are taught in the 
language of the country of their origin. That is an important issue to 
focus in on.
  I realize the decibels of emotion are high on this issue. It is 
natural. There is much passion with regard to this issue. So I think it 
is important to see where the evidence leads us with regard to what is 
actually occurring in the classroom.
  I recently had an opportunity to visit the Miami Springs Middle 
School in my district. The kids that are in the bilingual education 
program are in that program again in the substantive areas like math, 
like science, and like history in the numerous languages of their 
countries of origin for a relatively short period of time. Actually 
during the day it is just a few hours. And it is a maximum of 3 years 
during their education that these students are in these substantive 
areas to stay afloat in those substantive areas while a great majority, 
the overwhelming amount of time that they spend each day in school is 
immersed in English. That is important to realize. The kids in 
bilingual education spend the overwhelming majority of their day 
immersed in the English language to become as proficient as possible 
and to be able to be in an English curriculum, totally English 
curriculum as soon as possible.
  That is the goal, and actually that goal is achieved time and time 
again all throughout the country where bilingual education programs are 
maintained. It is very rare to see a pupil that is all 3 years in a 
bilingual education program. Within 1 year or a year and a half, they 
are usually immersed fully, and their curriculum is totally in English. 
So it is a program that works. It is a program that I understand evokes 
emotion, but I think it is important for us to keep the decibels as low 
as possible on the emotional scale and on the passion scale, and that 
we focus in on the education.
  It works. It is cost-effective. The States fund these programs for 
the greatest majority of what they require. What we do is really more 
than anything else encourage States to have that option and school 
boards to offer that option for those programs.
  So I think it is important that we make a statement today and defeat 
the amendment of my good friend, the gentleman from Wisconsin [Mr. 
Roth].
  Mr. GENE GREEN of Texas. Mr. Chairman, I move to strike the requisite 
number of words.
  Mr. Chairman, I rise in opposition to the Roth amendment. I would 
like to briefly talk about the three reasons, and then like a lot of 
other Members on the floor relate personal experiences with bilingual 
education and the need for bilingual education.
  First, the Roth amendment forces the States to pay the total cost, 
and whether in California, New York, or Texas, we are already providing 
substantial local and State funding for bilingual, because it does 
work. And this would just require those local States to pay even more 
money.
  This is not a funding item. This is a grant formula. If the city of 
Houston or the Houston School District does not receive this grant, 
then they have to pay for it locally. This is not something that is 
automatically sent from Washington to say OK, Houston, independent 
school district, or L.A. Consolidated, you have to provide it. They 
competitively seek these grants to help provide this funding for the 
students.
  We need to recognize that bilingual is not just teaching someone in 
their native language. It is also teaching them while they learn 
English, and so they are not getting further behind, like the gentleman 
from New York [Mr. Serrano] said earlier. It is to make sure that they 
also learn math, and science and history at the same time that they are 
learning English, and not just being taught in their native tongue.
  Let me talk about an experience that I have had in Texas, in Houston. 
I was raised in a majority Hispanic school, and I saw in the middle 
1960's before there was bilingual programs in Texas what would happen 
in a high school where a child would come in, and they would stay 2 or 
3 days and then would drop out. And in 1973, my first term in the 
legislature, we actually provided State funding across the board for 
bilingual. I was a small amount of $6 million, but it was hard to get 
at that time in 1973.
  I realized coming and serving in Washington for my first term here in 
Congress that so much more is being done on a local basis, both in 
local school districts and in States for bilingual, and recognizing it. 
So we do not have those students who come in, whether they are in 
kindergarten or 11th grade, dropping out after that week. They actually 
are working in their native tongue so that they can stay there, and 
they can be educated and they can be productive citizens.
  This last year, like a lot of Members, like my colleagues from 
Florida, I spent a lot of time in the local schools in my district, 
since I serve on the Committee on Education and Labor. And I am proud 
that one of my elementary schools has the bilingual teacher of the 
year, Love Elementary, in the Houston School District. But I had an 
opportunity this year to both start a bilingual program, a kindergarten 
program that was bilingual, in September, and the children were really 
quiet and subdued. And then I went back and visited not that same 
program, but a different program in May where those children started in 
that kindergarten with a program in bilingual, but in May they are not 
speaking Spanish anymore, they are speaking English. And they are 
aggressive. They want to talk, and they want to talk in English. I was 
a part of the reading program, and they did not want to talk in 
Spanish, they wanted to talk in English, whereas when I went in in 
September I had to read the program in Spanish. But when I went back in 
May they did not want me to read in Spanish, they wanted it in English, 
because it was a kindergarten program that started in Spanish, but by 
May they are speaking English, and they want to be taught in English.
  So you do not start in my district or any other district in the 
kindergarten in bilingual and continue through it through high school. 
That is not the way the system works. Children are in bilingual for a 
very short period of time so that they do not get further behind while 
they are learning English.
  Bilingual was funded on a statewide basis in Texas in 1973. If I had 
my way, we would fund it even more than what we are doing now under the 
grant program. But we are not, so I ask Members to join with me in 
opposing the Roth amendment, because we are not doing near enough on 
the Federal level to eliminate some of the education problems that we 
have that are caused by our immigration policy. Do not take away what 
little bit we have.

                              {time}  1540

  Mr. KNOLLENBERG. Mr. Chairman, I move to strike the requisite number 
of words.
  Mr. Chairman, I rise today in strong support of the amendments 
offered by my colleague from Wisconsin [Mr. Roth].
  The bilingual education program included in H.R. 6 is, in essence, an 
unfunded mandate. H.R. 6 requires State and local taxpayers to pay $7 
to $8 for every dollar of Federal funding provided for bilingual 
education.
  H.R. 6 authorizes over $1 billion for bilingual education over the 
term of the reauthorization, which represents and requires $8 billion 
in matching spending from State and local education agencies. Not only 
is bilingual education costly, it simply has not worked.
  The original purpose of our bilingual education program was simple: 
to teach immigrants English quickly and effectively. Bilingual 
education has gotten away from that simple and important goal, and is 
hurting those that it was intended to help.
  Similarly, the purpose of H.R. 6 was simple: To provide funding for 
the improvement of America's public education system. With this in 
mind, we should remember who our clients are. We are serving America's 
Children; all of our children.
  This simple goal is lost in bilingual education, which is 
counterproductive to preparing all young people to enter, serve, and 
compete within the American public.
  By teaching young people in their native languages, we are 
handicapping their performance in a highly competitive arena. Bilingual 
education may make the school day easier for children speaking English 
as a second language. However, it creates another class of student 
unable to read, speak and write English in an English-speaking society.
  And the United States clearly is an English speaking society. While 
we have traditionally enjoyed the benefits of great cultural diversity, 
English has served as a common tie to link all of our religions, races, 
and cultures--India, Pakistan, Iraq, Eastern Europe, Korea, Orient. 
With people coming together in South Africa and the Middle East, let's 
not further splinter our own society by removing the important link of 
the English language, and reinforcing a social hierarchy based on the 
ability of our children to speak and communicate in English.
  More than ever, education is vital to the success of our young people 
and our Nation. Let's not continue to handicap our bilingual students 
and splinter our society by teaching coequal second languages in our 
schools. Pass the Roth amendments and give our bilingual students the 
English skills that they will need to compete and succeed in the United 
States.
  Mr. KILDEE. Mr. Chairman, will the gentleman yield?
  Mr. KNOLLENBERG. I yield to the gentleman from Michigan.
  Mr. KILDEE. I thank the gentleman for yielding.
  Mr. Chairman, the gentleman spoke very sincerely, I am sure. But I 
would like to correct one statement he made. He stated this is a 
Federal mandate. This is not; it is a grant application program. I just 
wanted to clear that up.
  Mr. KNOLLENBERG. The gentleman would not disagree, though, with the 
fact that I come from a district that has a great, great number of 
folks from all over the world. Believe me, if there is a test case 
anywhere, it is in my district, as the gentleman knows. That is the 
point I am making.
  I think what we have to do is concentrate on English learning and 
that will help us to retain those cultural diversities, whether it be 
Spanish-speaking countries, European countries, or whatever. What we 
want to do is to make sure they keep their culture but learn the 
English language.
  Mr. KILDEE. If the gentleman would yield again, I know the gentleman 
speaks very sincerely on this, we have spoken on this privately. I 
value the gentleman's views on various issues. But I just want to 
clarify one point. This is not a federally mandated program.
  Mr. KNOLLENBERG. The only thing I would like to say in rejoinder to 
that is that there is a cost involved, and any time you impose this 
kind of mandate on the States, money has to come from somewhere. So it 
has to be, in my judgment, an unfunded mandate. We can argue that 
point, I guess, but nonetheless it is not funded; it is unfunded.
  Mr. KILDEE. We may not agree, but I just wanted to make my statement 
that it is not a federally mandated program.
  Mr. KNOLLENBERG. I accept the gentleman's statement.
  Mr. FARR of California. Mr. Chairman, I move to strike the requisite 
number of words.
  Mr. Chairman, I rise today to express my very strong opposition to 
the amendment from the gentleman from Wisconsin. The Supreme Court has 
rightly decided that our children are entitled to an education, no 
matter what their origins.
  This legislation would eliminate a program that has been a proven 
success and its impact would be highly discriminatory on those who 
cannot defend themselves--our children.
  The main goal of bilingual education is to teach children to be 
competent in English. Studies show:
  That bilingual education increases odds for a child's success;
  Studies show that teaching children in their native language does not 
interfere with their learning English;
  Studies show that native language instruction helps children keep up 
with students already being taught in English--English only instruction 
does not; and
  Studies show that parents of bilingual education children are more 
likely to get involved in their children's education if bilingual 
instruction is used in schools.
  When people say that their grandfather was an immigrant and he 
succeeded economically without bilingual education, they must remember 
that years ago the labor pool was a lot less educated and skilled than 
it is today. Then, low-skilled, lower waged jobs would allow a family 
to buy a modest home. Now, these jobs barely cover basic living 
expenses. To compete, all children must be allowed the same opportunity 
to succeed in today's competitive world.
  In my district, close to one-quarter of children in grades K-12 are 
in bilingual education programs. These children deserve the same chance 
for success that I want for my own daughter.
  In my district, a young man, Raul Huerta, was raised by a single 
parent who spoke only Spanish and he went through bilingual programs. 
Raul is now going to Sacramento State University and works at 
recruiting children of migrant families into higher education.
  Also in my district, a young lady, Yesenia Hueremo is one of seven 
children. Her parents died within a short time of one another, leaving 
her and her siblings as orphans. Yesenia went through bilingual 
programs in both elementary and junior high school. Overcoming both 
language and personal difficulties, and earning a 3.5 grade average, 
she is now on her way to college. A productive member of our society--
is that not what we want from our children?
  Yesenia is also bilingual and biliterate. Studies have shown that 
with the increasingly global economy, business and industry need a work 
force that is competent in a variety of languages. There are at least 
3.3 million children in our schools, like Yesenia, who have the 
potential of being truly bilingual. They speak almost every language in 
the world. They are the best hope that we have to produce a 
multilingual work force--a critical component for America's ability to 
compete in the world marketplace.
  Therefore, Mr. Chairman, I believe this proposed amendment has no 
place in an educated society--as a matter of fact, it would create 
quite the opposite. As a former Peace Corps volunteer, I urge my 
colleagues to join me in casting a no vote against the Roth amendment.
  Mr. ROHRABACHER. Mr. Chairman, I move to strike the requisite number 
of words.
  Mr. Chairman, I rise in support of this amendment, which will do two 
things which Members of this Chamber have been claiming they wanted to 
do for a long time. First, it will save the Federal Government a 
quarter of a billion dollars every year that it is currently spending 
on a counterproductive program. We can get study after study, for every 
study that someone brings forth that says this is so effective, there 
are other studies, in fact more numerous studies, which show that 
bilingual education, as it exists today, is counterproductive and hurts 
the people it is intended to help rather than helping those people that 
people of goodwill are trying to help in this body.
  Second of all, it will end one of the largest unfunded mandates ever 
imposed on local schools, one that costs States and school districts--
it will eliminate one of the largest unfunded mandates that have been 
imposed on public schools, local schools, across States and school 
districts, billions of dollars every year. Again, we can argue as to 
whether or not this is an unfunded mandate.

                              {time}  1550

  Two weeks ago, Mr. Chairman, when I tried to propose something that 
would require something as part of the registration process, it was 
attacked as being an unfunded mandate. Well, obviously what we do here, 
what laws we have passed, what regulations we have passed in this body, 
end up mandating, end up forcing, local schools to adopt bilingual 
education programs whether they want it or not, and it costs them a lot 
of money. Now how it is defined as an unfunded mandate, that is a 
matter of debate, but let us note, first of all, as far as the efficacy 
of the program itself:
  Everywhere in the world, every country in the world that has a 
bilingual problem or situation, recognizes that immersion in a foreign 
language is the quickest and most effective way to learn that language. 
Those of my colleagues who have been to Israel have undoubtedly seen 
how new immigrants from all over the world are taught in that country. 
Hebrew immersion is the way Israelis have found to speed the 
assimilation into their society of new citizens who are coming from 
different places. I guess that we cannot just be as smart as the State 
of Israel and other countries because there are political 
considerations here that have to be taken into account, and not 
educational considerations.

  In fact, only in the United States, and only in the Government, does 
anyone apparently believe that it is more important for students to 
hold on to their native language in some way rather than quickly learn 
a common language through the immersion process. That is what happens.
  Mr. Chairman, I urge my colleagues to strike a blow for fiscal 
sanity, and we do not have the money, it is an ineffective program, but 
also, Mr. Chairman, it is a huge unfunded mandate. There have been some 
suggestions today, for example, that in some way those people who are 
opposing bilingual education are in some way trying to put roadblocks 
in the way of people who come to this country or other people that have 
English as a second language. The fact is we are not trying to put 
roadblocks in the way. We do not believe bilingual education leads to 
the kind of learning that is beneficial for those who the proponents of 
bilingual education claim to want to help. In fact we believe that it 
hurts those young people not to immerse them in the language as we find 
in every place else in the world.
  By the way, if the amendment offered by the gentleman from Wisconsin 
[Mr. Roth] is adopted, and local people do believe that it is 
effective, we are not saying that local schools cannot have bilingual 
education programs. We are just saying it is not mandated by the 
Federal Government, and we are not going to pay the bill for something 
we think is ineffective. If those people at the local level really 
believe this is effective, they will continue to have bilingual 
programs, and again no one is suggesting that our people should not be 
bilingual, that we should not teach people to learn other languages. 
The fact is that we want people to learn other languages.
  By the way, Mr. Chairman, bilingual education, as it is mandated 
today, that is not the issue at all, but, the way it is mandated, it 
affects more than just the Spanish language. In my part of the country 
we have people from Korea, Vietnam, China, Japan, other parts of Asia, 
and Africa as well. The fact is that this idea, which might be a well-
intended idea of providing bilingual education, is a nightmare for the 
local schools who find out that they have not just Spanish and English, 
but Hmong, which is a language of the hill tribes in Laos, literally 
tens of different languages that they are literally supposed to provide 
education for. It hurts the local school's ability to provide education 
for all of their children, including children where English is their 
second language to begin with.

  Finally, Mr. Chairman, let us just take one look at the overall 
effect, and that is what keeps our Nation together, what opens the door 
of opportunity. It is language that we all share and a love liberty.
  Ms. ROYBAL-ALLARD. Mr. Chairman, I move to strike the requisite 
number of words, and I rise in opposition to the amendment offered by 
the gentleman from Wisconsin [Mr. Roth].
  Mr. Chairman, The bilingual education programs reauthorized in H.R. 6 
are critical to promoting equal education opportunities for public 
school children. Many limited English-proficient students simply cannot 
learn and compete in the classroom without the English language 
instruction and supportive services authorized by this bill.
  It is important to emphasize that the primary objective of bilingual 
education is to teach children English, while simultaneously providing 
instruction in core academic subjects in their native language. This 
approach is designed to prevent a child from falling behind in basic 
subjects until they acquire English language proficiency and make the 
transition into an English-only classroom.

  The elimination of these essential programs could cause irreparable 
harm to tens-of-thousands of children and permanently hamper their 
academic growth by increasing the likelihood that they will lose their 
self-esteem, interest in academics, and drop out of school.
  Our Nation simply cannot afford to waste these young lives and 
ultimately lose the benefits of their untapped talents. We must protect 
our children and defeat the Roth amendments.
  Mr. GOODLING. Mr. Chairman, I move to strike the requisite number of 
words.
  (Mr. GOODLING asked and was given permission to revise and extend his 
remarks.)
  Mr. GOODLING. Mr. Chairman, I would like to take a little time, I 
suppose, to give a history lesson. Having been a history professor at 
one time, first of all, I want to point out that bilingual education 
began in the United States in 1839 and included States such as Ohio, 
Louisiana, and New Mexico, where they taught in several languages 
because of the diversity of the population. German, French, and Spanish 
were used for instruction. Then from 1880 to 1917 German instruction 
was used in Ohio, Minnesota, and Maryland as part of a bilingual 
education program. In 1908, Mr. Chairman, New York discovered that 13 
percent of the 12-year-olds enrolled in New York public schools did not 
go on to high school. They were children of parents who were not born 
in the United States. However 32 percent of all other children whose 
parents were born here did go on to high school.
  Mr. Chairman, an individual could drop out of school back in that day 
and still get a job and still be very much a participant in our 
society. Unfortunately, or fortunately, at the present time the 
technology is so great that one positively must compete with a high 
school education, and it will not be too long until education beyond a 
high school education will be needed to be functionally literate in our 
country.

  Mr. Chairman, our problem in the past has not been over whether there 
should be a bilingual education program or not. I led a fight for 
several years, and then I was joined by the gentleman who is now mayor 
of Dallas to continue that fight, to indicate that 100 percent of the 
dollars available for grants should not be only for transitional 
bilingual--that we should give an opportunity to local areas to 
determine that is the best approach. All the studies would indicate 
that no matter which approach is used, whether we use transitional 
bilingual, whether we use ESL, whether we use immersion, it is usually 
a 3-to-5-year process to move from the language of one's family and the 
country from where they came to being fluent in English. Therefore, 
Congressman Bartlett and I indicated that we thought that at least a 
75- to 25-percent mix should be in order. That was worked out, as I 
said, with the help of the mayor of Dallas who was a Congressman at 
that time.
  Then, Mr. Chairman, I added language to the legislation before us to 
add some additional flexibility for local determination. Basically it 
says, ``If you have many children with many languages, and you cannot 
get certified bilingual educators, you do not have to use transitional 
bilingual.'' I am not saying ``certified,'' although I am sure the 
unions would say ``certified,'' properly prepared people, ``you can get 
a waiver from the secretary.''
  I think it is important to point out that this is not a mandated 
program. No one has to participate in this program. Very few people 
participate in this program.
  Last year, for instance, we had about 300,000 students participating 
in this program--300,000 students out of 43,353,428. Only 300,000 
students were participating in this competitive grant program. It is 
strictly up to a local school district if they want to seek a grant. 
Most do not, but it is entirely up to the local district whether or not 
to apply for these funds. Then the grant money is sent out from the 
secretary's office for that purpose.
  When I was growing up in the framing and fruit growing business in my 
area, Mr. Chairman, of course all the older folks spoke German. When 
they would come to the packing house to buy their fruit to can, my 
father could understand what they were saying. My mother could 
understand and respond.

                              {time}  1600

  So we did not lose any customers because somebody in the House 
understood. I could not do either. We had a mother there who could 
respond, and we did not lose any customers because she was not able to 
speak the language that was being spoken. So again, Mr. Chairman, I 
just make to summarize the history lesson.
  The CHAIRMAN. The time of the gentleman from Pennsylvania [Mr. 
Goodling] has expired.
  (By unanimous consent, Mr. Goodling was allowed to proceed for 5 
additional minutes.)
  Mr. GOODLING. Mr. Chairman, I just want to repeat again that this is 
a competitive grant program, a program that a local district can apply 
for if they wish, a program that does not only say that they must use 
transitional bilingual education programs. Twenty-five percent of that 
money, with some flexibility with this new language, can be used for 
other methods of teaching limited English proficient. If one came with 
the first group, for instance, that came from Vietnam, immersion was 
the way to go because the parents of all those youngsters spoke 
English. If one was not fortunate enough to be in that wave and, let us 
say, came in during our most recent immigration and arrived here and 
did not even have any formal education at all in their own language--
and most of our young people coming from many areas at the present time 
have had no formal education at all, nor did their parents--it makes it 
very, very difficult to meet that 3-to-5-year transition period, if, as 
a matter of fact, we totally tried to immerse them.
  So again, repeating, it is a competitive grant program. School 
districts can reject it or accept it. No one is required to 
participate. Only 300,000 students participated last year out of the 43 
million that are in public schools in the United States.
  Mr. Chairman, let me yield to the gentleman from Wisconsin [Mr. 
Roth], the sponsor of the amendment.
  Mr. ROTH. Mr. Chairman, I thank my friend, the gentleman from 
Pennsylvania, for yielding.
  I think it is important to note that once they are in the program it 
is almost impossible to get out of the program, and it is not only 
immigrant children that are brought into the program but youngsters 
born here are brought into the program, too.
  Basically, what we are concerned about as the issue here is that we 
want to keep our Nation as one Nation and one people, and the way we do 
that is keeping the commonality we have. We are the most diverse people 
in the world. That is why ``The Disuniting of America'' and books such 
as this are being published today, because we are concerned about our 
country turning into another Canada or another Yugoslavia or other 
places around the world where they do have all these differences. And 
we are a Nation that has people from every corner of the globe, every 
linguistic background, and every cultural background, and we want to 
keep that unity.
  That is why I had before quoted, for example, our great war hero, 
Everett Alvarez, who talked about bilingual. He said, ``No, I am not in 
favor of bilingual education because it holds my people back.''
  I had a hearing here on Capitol Hill not only with people with a 
Spanish background but also immigrants from Hungary, immigrants from 
the Soviet Union, and, yes, people from Cuba, all of them opposed to 
bilingual education because it harms their people.
  We have, for example, Jose Fabila, who is a successful businessman in 
Sacramento. He said, ``No, I'm very much opposed to bilingual 
education. Bilingual education is created for political purposes.''
  This we hear over and over, and if we had a hearing on Capitol Hill 
and invited some of the business people, the common people right off 
the street, to appear before our committee, we would find that they are 
not in favor of this program. For example, Ernesto Ortiz is a foreman 
on a south Texas ranch, and he said it best, I think, when he said, 
``Children are taught in Spanish at school so they can become busboys 
and waiters. I am trying to teach them English at home so they can 
become doctors and lawyers.''
  This gentleman understood that the language of opportunity in our 
country is still the English language. Like someone said, ``You know, 
the reason I want my kids taught in English is because the SAT's are 
given in English and application forms are in English.''
  In many of these bilingual education programs they only get 30-to-45 
minutes a day at the most in English, and they come out of these 
schools nonproficient in either language. What we are trying to say is 
that we want to give these young kids a good education so we can 
assimilate them into our national culture as quickly as we can, and the 
way we do that is to bring them in and teach them in English, not in 
some foreign language.
  We are not just talking about Spanish here. In Florida they have to 
teach them in Mandarin and sometimes in Cantonese and all the other 
different languages they are required to teach youngsters in. We are 
saying that is not in the best interest of our country.
  I was on a talk show in Canada because of this particular 
legislation, and I wish all my colleagues could have heard the people 
of Canada talk and what they had to say about what is happening in 
their country, how the Separatist Party is now the second largest party 
in Canada, ripping the heart out of that country, and what is going on 
in various countries around the world because of these linguistic 
differences.
  What we are trying to say is that we want to keep this as one Nation 
and one people.
  The CHAIRMAN. The time of the gentleman from Pennsylvania has 
expired.
  (On request of Mr. Ford of Michigan, and by unanimous consent, Mr. 
Goodling was allowed to proceed for 3 additional minutes.)
  Mr. FORD of Michigan. Mr. Chairman, will the gentleman yield to me?
  Mr. GOODLING. I yield to the gentleman from Michigan.
  Mr. FORD of Michigan. Mr. Chairman, the gentleman from Wisconsin [Mr. 
Roth] just made another misstatement that cannot be left standing with 
the Members who are watching this from their offices. He said flatly 
that once they get into bilingual, it is virtually impossible to get 
out of it.
  We fought that battle the last time we reauthorized this legislation 
with the young gentleman who is now the mayor of a major city in Texas. 
He was an immersion person, and we finally got around to a compromise 
and we said that at the end of 3 years of bilingual education the child 
shall be evaluated to determine whether he needs any more bilingual 
education, and if he does not, in the opinion of the educators, he is 
brought out of the program.
  It is virtually impossible to stay in the program, not virtually 
impossible to get out of the program. It is not a permanent educational 
experience for the child. It is a transition from some language other 
than English into English. If we want everybody in this country to 
speak English, we should be supporting this instead of trying to 
destroy it.
  Mr. ROTH. Mr. Chairman, will the gentleman yield?
  Mr. GOODLING. I yield to the gentleman from Wisconsin, but I do wish 
to reserve some time for myself.
  Mr. ROTH. Mr. Chairman, the gentleman is obfuscating the amendment 
again and what is behind the amendment.
  These kids are not out in 3 years. Sometimes they are in until the 
seventh or eighth grade and they are nonproficient in either language. 
That is why the dropout rate is so high, because of bilingualism.
  When this was brought in in 1968, they said it was going to be here 
because the dropout rate is so high. The dropout rate is higher today 
than it was in 1968.
  Here I have a note from Charles Pacheco, an ex-marine who was born 
here in the United States. His daughter was placed in the bilingual 
program, not because she did not speak English but because of her 
Hispanic name, and he tried to get her out of that class and could not 
get her out. So we are not going to put kids in there and have you tell 
me they can take them out right away, because we have heard time and 
time again that it is impossible to get them out.
  Mr. GOODLING. Mr. Chairman, let me just close by indicating that in 
spite of what we may hear from some national leaders, every immigrant 
parent wants their child to become proficient in the English language 
as quickly as they possibly can. That is every parent, because they 
know it is the ladder of success. As we have heard today, there are 
many who spoke here today who, because of their ability to go through a 
bilingual program, became very, very successful.
  But again, let me repeat that it is a competitive grant program. 
Nobody has to accept it. Nobody has to request it. Only 300,000 out of 
some 40 million students participated in it last year. It does not 
address whether school districts use their own money and State money to 
do other things in this area. That is something else. But in this 
program 300,000 students participated out of 43 million.

                              {time}  1610

  Mr. PASTOR. Mr. Chairman, I move to strike the requisite number of 
words.
  Mr. Chairman, bilingual education, as you have heard from our 
distinguished colleague from Pennsylvania and other members before me, 
is a teaching method, along with other methods such as immersion and 
transition. They are all teaching methods with one goal: To have the 
non-English speaking student learn English without falling behind in 
his core subject studies.
  You heard one of my colleagues from California tell you that in 
Israel only the immersion method is used. He is mistaken. I was in 
Israel in August to visit bilingual education centers where Ethiopian 
and Eastern European Jews were being taught Hebrew. They used their 
native language as a transition into Hebrew; a prime example of 
bilingualism as a good teaching method.
  Mr. Chairman, I am a leader in the Hispanic community. For somebody 
to insinuate that as a supporter of bilingual education, I am un-
American or that I wish to separate non-English speaking persons from 
this country, or that I seek to create chaos is completely wrong.
  Mr. Chairman, this is America. We all should learn how to speak 
English, because that is the only way that an individual in this 
country can progress. The people who will tell you that this is a 
movement of subversion are wrong. Along with immigrant bashing, those 
who oppose bilingual education are taking the simple objective of 
teaching English to non-English speaking students, and turning this 
necessary and just program into some sort of clandestine operation that 
seeks to over-run this country.
  Mr. Chairman, I tell you they are wrong, and that the 
characterization of this teaching method is completely incorrect.
  I took an oath to uphold the law of this country. In no way do I want 
to do anything to make this a weaker country. I only want to make sure 
that my children, and all our children, are able to speak English.
  Mr. DOOLITTLE. Mr. Chairman, I move to strike the last word.
  Mr. Chairman, I support the Roth amendment. I think it is unfortunate 
that it is being portrayed as somehow anti-Hispanic or anti-immigrant. 
It is nothing of the kind. Indeed, the evidence on this issue seems to 
suggest that bilingual education has failed to properly teach children 
English. And when we have such scarce resources, we as a Government 
ought to be doing those things that work. No other country in the world 
that I am aware of uses this type of a bilingual education program to 
teach children the national language. Every other country uses 
bilingual education to support minority language maintenance.
  What needs to occur, I think, is to recognize the data available on 
this subject. Thomas Sowell in his book ``Inside American Education'' 
cited numerous surveys proving that the great majority of Hispanic 
parents--more than three-fourths of Mexican-American parents and more 
than four-fifths of Cuban-American parents--are opposed to the teaching 
of Spanish in the schools at the expense of English. After all, these 
are the families who want their children to succeed in the U.S.A.
  If we want to help these children, which I believe is the motive of 
all of us here, then we ought to do those things that encourage their 
learning English the best. I think that this bilingual education 
program is one that is ineffective and should be discontinued. I thing 
the Roth amendment is a step in the right direction.
  Mr. Chairman, I would be happy to yield the balance of my time to the 
gentleman from California [Mr. Rohrabacher].
  Mr. ROHRABACHER. Mr. Chairman, we are talking about teaching methods 
here. I do appreciate the tenor of the debate we have had so far. As my 
colleague from California has just suggested, we are not only talking 
about teaching methods, we are talking about a particular type of 
teaching method that is a failed teaching method. In fact, many of our 
colleagues who have been on the floor today supporting bilingual 
education were actually educated in a nonbilingual education system. In 
fact, they are giving testimony as to not how important bilingual 
education is, but instead they have risen before us today in defense of 
bilingual education. But they themselves are a product of a system that 
did not have the type of bilingual education system they are advocating 
today.
  In terms of what type of method is used in other countries that has 
been found to be successful, I would like to differ from my colleague, 
who stated that Israel has this type of bilingual education system. I 
have been told by several people who have visited Israel recently that 
yes, they teach other people who do not speak Hebrew. They teach them 
to speak Hebrew in their classrooms. They do not, however, have a 
bilingual education system that teaches non-Hebrew speaking citizens in 
their own native language. The only languages that are automatic other 
than Hebrew are courses in how to learn how to speak Hebrew in that 
particular foreign language.
  We have no objection to having classes in the United States teaching 
people how to speak English. That is not bilingual education. That is 
not what this debate is about. This debate is about whether we will 
have a bilingual education system that makes it possible for young 
people to go through our education process without fully learning the 
English language.
  We believe that the English language should be adopted, not as a 
punishment, but because we care about young people who are being 
educated in our system. We know that if they are permitted an easy way 
out of learning to speak English, that that will be the worst possible 
condemnation that this society could put on their heads.
  The fact is the doorway to economic opportunity, the key to that 
doorway, is an understanding of English. Every one recognizes that. 
That is something that is recognized on both sides of the aisle today. 
What we are coming to now is the debate as to really what is the best 
method and how can we use our scarce resources in the best possible way 
to ensure that the young people that come from different lands, that 
have English as their second language, do become part of the American 
mainstream and have the opportunity that all other Americans have.

  I would suggest to my colleagues on the other side of the aisle, who 
are well intended in this, and to my fellow Americans who are listening 
today or reading this is the Congressional Record, that English 
immersion, making sure that every student is able to speak the English 
language by not giving that student an easy way out in learning other 
things without having to learn English, that the best thing we can do 
for that student is to not give them that easy way out.
  The fact is, America is the land of opportunity for those people who 
have been prepared to take advantage of the opportunity. Learning 
English is a prerequisite to enjoying the freedom we have here in 
America. The two things that keep us together as a Nation is the love 
of liberty and the English language. That permits all of us to take 
advantage of the opportunities our forefathers and mothers struggled to 
build in this country.
  Mr. Chairman, I would suggest that the bilingual program does not 
enable students to achieve proficiency in the English language.
  Mr. HAYES. Mr. Chairman, I move to strike the requisite number of 
words.
  Mr. Chairman, I represent a little over 600,000 people, almost three-
quarters of whom speak French as their primary language. I am proud to 
represent them in this great hall of democracy. My hometown is 
Lafayette, LA. It is named after one of only two gentlemen who are 
pictured in the People's Hall, a French citizen named the Marquis of 
Lafayette, who during the Revolutionary period helped his good friend, 
George Washington, to combine the resources of the two countries and to 
fight a war for independence against people who spoke impeccable 
English.
  Two centuries before there was a United States or any State, the 
people were excluded from Nova Scotia by those same folks who spoke 
impeccable English, because they were Catholic and there was no first 
amendment, because they spoke a different language. There was no 5th 
and 14th amendment, and they settled in the bayous of south Louisiana.
  Later in the War of 1812, when an American President and an American 
hero who became President called upon them to march to the plantations 
of Chalmette, to stand up and fight against a takeover by folks in red 
coats who spoke impeccable English, they did so. They did so because 
they understood that the principles of the democracy which had evolved 
while they were first here was something worth fighting and dying for.
  It is also something worth representing the Seventh District of 
Louisiana for. I should probably pause at this time and ask a 
parliamentary inquiry. I do not know the precise rules on using a 
phrase from another language. This, however, is from an American 
language.
  It is a derivation. It is Cajun Catholic. The phrase is ``lache pas 
la patate.'' I will have it removed from the Record, since I am sure it 
should not have been in in the first place and since I am sure that 
virtually no one in this Chamber understands one word of it, due to 
their lack of education.
  What it means is, ``Don't drop the potato.'' That is a literal 
translation. It is a funny expression, but its meaning is so much more 
important than its literal words. Many of the romance languages have 
those kinds of idioms.
  What it means is, do not concentrate on the wrong thing so that you 
lose the basic.
  In other words, we have a terrible problem in this Nation with 
illegal aliens. We have stretched resources trying to cover folks who 
got here against the law. All of those things I support remedial 
measures, when we have an Immigration bill. And I want more money for 
Naturalization and Immigration. I want to support the law.
  But when you start losing folks like me, who more often than the 
leadership on this side of the aisle would care, who support 
propositions from this side of the aisle, then you must be making a 
mistake.
  I suggest what we are doing is dropping the issue, dropping the 
potato and losing a much, much more important war.
  Mr. LEWIS of California. Mr. Chairman, I move to strike the requisite 
number of words.
  I had not intended to speak on this item, but I must say that I was 
motivated to speak not only by the very sensitive remarks of the 
previous speaker, my colleague from Louisiana, but because of the 
inspiration of the presentation made earlier by my colleague, the 
gentlewoman from Florida [Ms. Ros-Lehtinen].
  The gentlewoman from Florida [Ms. Ros-Lehtinen] reminds me of some 
years ago, when a relatively new American, who had come to this country 
from Latin America, chose to become a schoolteacher as the gentlewoman 
from Florida did. She, too, had learned her English by way of bilingual 
experience in southern California, became an educator and, eventually, 
she was my classroom Spanish teacher, teaching me in my own native 
tongue--her original native tongue.
  One of my frustrations is that the inspiration of that schoolteacher 
has not pervaded southern California deeply enough. For of all of the 
parts of the country where we have the potential of developing 
bilingualism, it is in southern California. Not very long down the line 
approximately half of our population will be from Latin America.
  What a crime it is that we have not taken advantage of that proximity 
so that we all could read and write and speak English well and read and 
write and speak Spanish as well.
  I remember that Spanish teacher one day, with a twinkle in her eye, 
this takes me to my colleague from Louisiana, she loved plays on words 
in Spanish. And the phrase that day was ``En la boca cerrada no entran 
moscas.'' In English the play on words would suggest that silence is 
golden. Literally, it says that in closed mouths flies do not enter.
  It is also very important around here for us to remember from time to 
time that we make our point best by being very careful about what we 
say about the subject that we are advocating. It has been stated many 
times here on the floor today that there is a horrendous Federal 
mandate involving bilingual education.
  The fact is there is not a Federal mandate. The Bilingual Education 
Act contains no mandates. It is a voluntary competitive grant program. 
Title VII requires nothing of any school in the Nation.
  Since 1968, the Bilingual Education Act has provided Federal 
assistance to school districts which operate or wish to start programs 
for limited-English-proficient students. Under current law and under 
H.R. 6, schools can apply for grants to start either a bilingual 
education program or a monolingual English only program for LEP 
students. There is no Federal mandate of bilingual education programs.
  State and local schools implement bilingual programs on their own 
because they work, not because of the U.S. Congress.
  Mr. Chairman, it is very important for us to recognize that in this 
shrinking world, our opportunity lies with reaching out, understanding 
better and communicating better with our friends to the south. The most 
important legislation we have passed, in my mind, since I came to 
Congress is that which is designed to create a cooperative venture 
between Canada, Mexico, and the United States that will allow our 
entire hemisphere to become more competitive in the world marketplace. 
It will provide jobs and opportunities for all of us, including our 
children and grandchildren, well into the next century.
  Bilingual education is an opportunity. It is not a problem for the 
American education system.
  Mr. TORRES. Mr. Chairman, I move to strike the requisite number of 
words.
  I rise in strong opposition to the Roth amendments to H.R. 6, 
Improving America's School Act, as it is called.
  The Roth amendments would severely weaken and ultimately eliminate 
title VII, the bilingual education programs of H.R. 6, which were 
passed by the bipartisan leadership of the Committee on Education and 
Labor. The Roth amendments would undo a bipartisan initiative with a 
26-year history of legislative and classroom success.
  It would deprive limited-English-proficient students, who are the 
fastest growing group of students in the Nation, of critical 
educational programs. It would also destroy a national infrastructure 
designed to cope effectively with the students.
  The Roth amendments would consign limited-English-proficient children 
to an inferior education and a generation of students would be lost, I 
say lost, in the educational system.
  For the first time ever, for the first time ever a bipartisan 
coalition on the Committee on Education and Labor worked together to 
pass a comprehensive authorization of title VII. These title VII 
programs have proven to be the best way to teach children with limited 
English proficiency and to teach them much-needed English language 
skills.
  I want to emphasize, teach them much-needed English skills. Not 
Spanish; we are not teaching kids Spanish. We are teaching them 
English, the language of this Nation.
  Children who speak languages other than English can be great 
resources to the United States in our global economy, as just 
enunciated by my good colleague, the gentleman from California [Mr. 
Lewis].
  The gentleman from Pennsylvania [Mr. Goodling] gave us a good example 
of his own experiences of growing up in this country, when he said that 
his mother could understand English but his father could not. And yet 
the experience that his mother had in understanding English was a good 
deal for their store, for their business.
  My own experience in English was the same, Mr. Chairman. I grew up 
speaking Spanish as my first language. But I was lucky that my mother 
and my grandmother spoke English. So they taught me English by teaching 
me through that first language, Spanish.
  By the time I got to grammar school, I knew English. I could read 
English. The teachers were amazed that I could speak English. This 
Mexican kid could speak English and read English.
  I was taught at home, and the teachers would ask me, ``Show the kids 
how to read English. Tell them about `See Jack run; see Jane run; watch 
Spot run.'''
  They were amazed that I could do that. One might say that at a very 
early age I was a teacher's aide.
  Mr. Chairman, by teaching English and preserving their native 
language skills, bilingual education can permit some of our future 
leaders to retain the skills necessary to negotiate in Mexico in 
Spanish or with Japan in Japanese or with the Russians in Russian and 
so on and so on. I want to make this point clear, again, and I do it 
every time when this senseless type of rhetoric comes before us. We are 
talking about children. Children who want to learn, who want to learn 
English. That is what they want to learn.

                              {time}  1630

  They want to learn about American history. They want to learn about 
math and about science and about art, and all that we can teach them.
  Without the programs that have been made possible by title XII, 
limited English-proficient students will not be able to fully 
appreciate or benefit from education reform. They will be more likely 
to suffer from high dropout rates, from low rates of academic 
achievement and disproportionately low rates of placement in gifted and 
talented programs.
  The proliferation of bilingual programs is a testament to the fact 
that across this country school boards, educators, and parents are more 
interested in results than in rhetoric. Mr. Chairman, educators and 
Americans recognize the value bilingual education has in preparing our 
youth for the 21st century.
  Congress, this House, must understand and recognize this important 
value. It is ludicrous to assert that a multilingual nation will be 
another Canada or a Yugoslavia, and to intimate that because we know 
more languages or speak more languages, we will be less Americans. That 
is ludicrous.
  Mr. Chairman, I speak and I have a working knowledge of four 
languages, English and Spanish and Portuguese and German, and it is 
because I was able to speak these languages and learn them at an early 
age that I had opportunities opened up to me in this country. I was an 
international trade union organizer; I was a U.S. Ambassador to the 
U.N. system; I am a better Congressman today, and let me tell the 
Members, I am just as good an American if not a better American than 
some others who do not know another language.
  Mr. MENENDEZ. Mr. Chairman, I move to strike the requisite number of 
words.
  Mr. Chairman, let me just say--at this point, Mr. Menendez addressed 
the House in Spanish.
  For those who did not catch that, I simply said that those of you who 
do not understand what I am saying might not be able to help American 
businesses compete in many of the world's emerging markets, such as 
Mexico, under NAFTA.
  It is not about Spanish, it is about a diversity of languages and the 
customs and cultures of doing business worldwide. Chevrolet learned 
that when they tried to introduce the Chevy Nova in Latin America. If 
Members know what ``Nova'' means in Spanish, basically it means ``it 
does not move,'' it will not go. Imagine marketing a car that simply 
would not move.
  America's diversity is what makes it uniquely qualified to compete in 
the global economy. Is it not ironic, then, that some of the most 
ardent boosters of global trade are here on the floor today, trying to 
cut off that resource, by putting an end to bilingual education?
  While the whole world seems to be moving together toward a truly 
global village, only here in America do we consider moving backward. We 
consider retreating from our diversity, to imprison ourselves in our 
monolingualism.
  The bilingual education program is one of our most successful, 
because it makes sense. There is no question that immigrants to the 
United States are better off once they learn English. When those of 
limited English proficiency arrive here, they know they need to learn 
English, and they want to learn English. The fact is that the goal, the 
purpose, the ends of the bilingual education program is to take a non-
English speaking child and have them become fluent in English--while 
they move along educationally in their other subjects--math, science, 
and history.
  In my own experience, as a former school board member for 5 years, in 
a school district where the majority of students were from immigrant 
families, we enjoyed tremendous success.
  For example, a young woman who did not understand English went on not 
only to conquer the language, but to become a valedictorian of her high 
school, an honor student at Stevens Institute of Technology, and 
ultimately the valedictorian of the University of Medicine and 
Dentistry of New Jersey. Today she is a doctor.
  Only a bilingual education could have made this possible. Every 
immigrant needs to learn English. But a successful student needs to 
learn much, much more.
  As each of you will recall from your school days, there was more to 
school than just English. History, math, and science courses round out 
a complete education. Imagine now if I were your history teacher, 
lecturing you, as I began my remarks, in Spanish. How do you think you 
would fare on your final exam? Do you think you would pass my course? 
Probably not. But do you consider your knowledge of history deficient? 
Do you consider yourself incapable of learning history? Of course not. 
You would have passed the test, had it been in English. But it was not, 
and now you've got to repeat my class. Unless, of course, you decide to 
drop out, which is what many students of limited English proficiency 
end up doing. Not because they were incapable of learning, but because 
nobody gave them a chance to do it.
  Now that we have given many students that chance, and begun opening 
some doors of opportunity for them, amendments proposed by the 
gentleman from Wisconsin seek to slam the doors shut.
  Bilingual education costs money, that is true. All education costs 
money. Putting a student of limited English proficiency through the 
same classes, taught in a language he does not understand, over and 
over and over again--costs even more money. It is taxpayer money 
wasted.
  The cost of bilingual education, like the cost of English education, 
is an investment. Not only an investment in preparing our students to 
compete in a global economy, but in empowering all students to do their 
best, and to become productive, successful Americans. Do not shut any 
child out. Do not shut American business out. Defeat the Roth 
amendments.
  Mr. COLEMAN. Mr. Chairman, I move to strike the requisite number of 
words.
  (Mr. COLEMAN asked and was given permission to revise and extend his 
remarks.)
  Mr. COLEMAN. Mr. Chairman, I think sometimes in the course of debates 
like this we have sometimes gotten angry and sometimes not discussed 
what the real issue is. I think today, instead, we have actually had a 
fairly serious debate about these amendments offered by our colleague, 
the gentleman from Wisconsin [Mr. Roth], and I appreciate them.
  I can tell the Members that 21 years ago in my State, in our 
legislature we had a proposal called bilingual education offered in the 
State of Texas, and I remember being asked to coauthor it. I asked a 
lot of questions of the author, a gentleman named Matt Garcia from 
Corpus Christi, a member of the House at that time, about that 
legislation and how in the world we would get to the point where we 
would do what it is that all of us know bilingual education is meant to 
do, that is to teach a child English, math, reading, writing skills, 
social studies, geography, all the rest, in a way that educates the 
child and in fact leaves no one else behind, not the English-speaking 
child, not the Spanish-speaking child, or others in the class who may 
have been brought up to speak as a first language a completely 
different language than the two I just mentioned.
  I remember thinking, ``This will not be easy,'' but I coauthored that 
legislation that year, and I remember going home to my State 
representative district and hearing from both sides very loudly, 
sometimes, about how good it was and how bad it was. What I found out, 
boy, this is the difference between the school districts I represented.
  I had several school districts in my legislative district. I thought 
maybe it is the way it is being administered, but no, I found out that 
some schools within the district had a very different opinion, as well, 
about how effective or how bad it was. Then, no, I discovered even more 
importantly, within the same schoolhouse programs met with great 
success and others had great problems. The reasons, I found out, were 
really and truly basically how it was being administered by the teacher 
in the classroom.
  My great fear, I say to my colleague, the gentleman from Wisconsin 
[Mr. Roth] about his amendments is simply that I am afraid his 
amendments attempt to take away some of the very options that school 
districts now have. Let me say that in terms of both of his amendments, 
and I know that we are only considering one at present, but I know that 
probably what I consider the most effective way in which to address the 
needs of children with limited English proficiency to make a smooth 
transition into our society, is to allow them to develop those basic 
skills in areas like math and science and other areas, as well as in 
writing and reading.

                              {time}  1640

  But to do so, we have found, in their native language can be helpful, 
and a lot of schools and school districts have determined that there 
are different methods of teaching that help move us along in that 
direction. Whether it is English immersion known as English Only 
Program that they think will meet their best local needs or whether or 
not they believe we should have limited English proficient students' 
bilingual education programs, English as a second language programs, 
then I think those are decisions that can best be made, quite honestly, 
even in the classrooms, and I know some school districts do not share 
that view and a lot of them want to say well, we will mandate, some 
States have often said we will mandate how it will be done. I think the 
last thing we ought to do here in Congress is mandate how they ought to 
be done. I really and truly believe that our goals should be what the 
gentleman from Wisconsin notes his goal is and that is to see to it 
that we remain united as a Nation, that we do the very very best we can 
for all of the students in that classroom.
  I happen to think that a bilingual education program that is properly 
run can properly do that. I do not think that is beyond the realm of 
our capabilities as a country, as a people, as educators. I happen to 
believe very strongly that bilingual education programs do work. I can 
show evidence, as you can show me evidence of the problems along the 
way, I can show you evidence. We have heard some of it discussed here 
today that these programs do work, and I think it would be a mistake to 
cut off funds and try to deny the reality that children who speak a 
language other than English make up the fastest growing segment of our 
K through 12 population. and that is a fact.
  And I think to simply deny that and attempt to cut off the funds is a 
mistake. I do not think that is how we get to solve the problems that 
others have spoken to and alluded to here in the debate on the 
education bill.
  I think what we need to do is maintain the course we have set for 
ourselves in what I consider to be a very progressive bill on 
education.
  I want to compliment my colleagues, the gentlemen from Michigan, Mr. 
Kildee and Mr. Ford, and others on the committee for this legislation.
  I would ask my colleagues to defeat the Roth amendment and let us 
move on to the real issues that confront this Nation, and that is 
educating our children.
  Mr. MORAN. Mr. Chairman, I move to strike the requisite number of 
words.
  Mr. Chairman, when I began working for the Federal Government I was 
an auditor and I was assigned to the migrant farm worker program. I 
went down to the Rio Grande Valley of Texas, with no particular 
ideological bent, and I was brought in to talk to a leader of the 
barrios down there. It was a beautiful September day, and this man was 
smiling, as only a father can look when he is expressing the pride he 
has in his child. His youngest daughter had started school. All of his 
other children were in the migrant stream.
  The way that it used to work is that the children had to work in the 
migrant stream, they needed the money, and the fact is they were not 
welcome in the Texas school system.
  We were talking that morning, it was about 10:30, and as we were 
talking, this little girl came running home. She was crying her eyes 
out. She was a beautiful little girl, kindergarten, 5 years old. She 
came into the House, and it was actually kind of a shack. She did not 
want to tell us what had happened and finally we got it out of her, 
that in her excitement to show the teacher what she knew, she had burst 
out a word in Spanish, and at that time the Texas education agency did 
not allow Spanish to be spoken in the school system, and she had been 
physically punished on her calves and, in fact, her calves were black 
and blue. This 5-year-old girl had been beaten because in her 
excitement to participate in school she had been physically punished 
for speaking Spanish.
  I asked the official of the State education agency what he thought 
about having bilingual education and teaching a little respect and 
appreciation for the Spanish culture and he told me, why do they need 
to learn about burritos and tacos and things like that; that is what 
the Spanish culture is all about. They do not need that. If they want 
to get ahead, they need to learn our culture and we are doing the best 
thing for them.
  Mr. Chairman, in the years following, people like Armando Rodriguez 
and Gil Sanchez, and many people whose names have well been forgotten 
now, started the bilingual education program and the Texas education 
agency changed its attitude. And thousands of children have had an 
opportunity to participate in this society and this economy because of 
the value and appreciation of having a bilingual capability, an 
appreciation for bilingual education in the public school system in 
Texas, and in fact around the country.
  This is an important program. This is part of what America is all 
about, and this is something we owe to all America's children.
  Mr. FILNER. Mr. Chairman, I move to strike the requisite number of 
words.
  Mr. Chairman, I rise in strong opposition to the Roth amendment. I 
come to this debate as a classroom teacher for more than 20 years. I 
come to this debate as a former school board member, and president of 
the school district in San Diego, CA, which has had as much experience 
in bilingual education as any school district in this Nation. I have 
been in hundreds of classrooms, talked to thousands of students and 
their parents.
  This is not a failed educational method. Bilingual education works in 
San Diego, CA, and all over this Nation.
  I have watched the debate for the last hour or so, and the aims of 
all of my colleagues are the same. The aims are to teach English to 
children as rapidly as possible.
  I have seen bilingual education work in San Diego, I have seen the 
test results, I have talked with children. It does work.
  We cannot let children fall behind in the basic skills of mathematics 
and social studies while they are learning English. Bilingual education 
is a way for these students to keep up with those basic skills while 
learning the English language.
  I beg my colleagues in this House not to hurt the children in San 
Diego and the rest of this Nation. Do not cut this program out. Do not 
allow bilingual education to fail. It is a working program and we 
should continue to help these children.
  Mr. MINETA. Mr. Chairman, I rise today in strong opposition to the 
Roth amendment that seeks to eliminate federally supported bilingual 
education programs.
  This amendment would eliminate title VII, the 25-year-old Bilingual 
Education Act, that reauthorizes bilingual education programs. Title 
VII grants have helped school districts develop and implement bilingual 
education programs. Bilingual education is a proven success at teaching 
students who come to school speaking a language other than English.
  As we all know, most funding for education, including bilingual 
education, comes from State and local governments. The Federal 
Government has sole jurisdiction over immigration policy; it must share 
the responsibility to serve the needs of the immigrants that Federal 
policy allows to enter the United States. Limited English proficient 
students represent the fastest-growing segment of our school-age 
population.
  In 1990, one of every seven students lived in a home where a language 
other than English was spoken. The Federal Government should support 
providing these students the programs they need to develop the language 
skills to succeed.
  I urge my colleagues to vote no on the Roth amendment.
  Mr. RICHARDSON. Mr. Chairman, one out of every seven children in 
America, living in almost every district in this Nation, starts school 
speaking a language other than English. Through the bilingual education 
act, these children including Hispanics, Asians, Armenians, Native 
Americans, and many others, are able to learn and become future 
teachers, doctors and leaders in our communities. Now, after 25 years 
of success, bilingual education is being threatened. The Roth amendment 
will directly take away the only program that gives thousands of 
innocent children the chance at a good education and a successful 
future.
  This amendment which eliminates bilingual education will severely 
hinder the ability of teachers and schools to effectively reach the 
fastest growing segment of the kindergarten through 12th grade 
population which is minority children. Bilingual education, which has 
bipartisan support, helps these children improve their English and 
ensures that they do not fall behind in other essential subjects such 
as math. Therefore, it is critical that any serious and comprehensive 
education reform must address the needs of an increasingly diverse 
student body in our nation's rural, suburban, and urban areas. Striking 
these programs which have been so successful towards giving our 
children a quality education is the same as turning our backs to the 
future of our country. Thousands of students will begin to suffer from 
language-related educational problems including low academic 
achievement, low self esteem, and high student drop-rates.
  In my own State of New Mexico, one out of every five students is 
limited-English-proficient. In addition, 41 programs funded under the 
Bilingual Education Act would lose the chance to assist students 
towards receiving a quality education--10,000 students in New Mexico 
alone would be deprived of the bilingual service they now receive and 
need.
  Mr. Chairman, this amendment will not only prevent our students from 
learning, but it will also imply to children that their native 
languages and cultures are not worth preserving. One group that will be 
harmed by the amendment are native Americans. The amendment seeks to 
revisit a dark chapter in the history of Federal-Indian policy where 
the Federal Government prohibited Indian children from speaking their 
native language in school. In the 1800's, this Government took Indian 
children out of their homes, put them in boarding schools, forbade them 
for speaking their own language, and severely punished them if they did 
speak their own language. This policy resulted in the destruction of 
native cultures and hundreds of native languages. Of the several 
hundred native languages that once existed in the United States, only 
155 are still remembered or spoken today. Many of these languages have 
fallen out of use. Today, we in Congress recognize the errors of the 
past and understand the important role that language plays in 
education. Specifically, Congress has worked to preserve, promote, and 
protect the rights of native Americans to use, practice and develop 
their own languages. To eliminate bilingual education would be to 
relive the mistakes of the past by continuing the destruction of native 
language culture. Teaching each child the importance of their native 
culture and history is paramount to any students's ability to not only 
comprehend the present, but to accept the challenges of the future.
  Mr. Chairman, the question is, ``do we condemn those children who 
grow up with a language other than English? Or do we encourage the 
students and their peers to create a learning environment that is both 
challenging and expressive. Voting for the Roth amendment will not 
create a learning environment and is the same as voting against our own 
children's future. The education of innocent children is at stake, and 
bilingual education is essential for all children in order to keep our 
Nation strong. Let's not interfere with what works, and instead enable 
teachers to do what they do best--teach.
  Mr. DOOLEY. Mr. Chairman, I rise today in opposition to the Roth 
amendment because I believe that bilingual education is an important 
link in our Nation's public education system. The Bilingual Education 
Act is the only Federal education program specifically designed to 
assist State and local education agencies in meeting the needs of 
limited-English-proficient students.
  In California there are more than 1 million limited-English-
proficient students attending our schools. The research on bilingual 
education is clear. Use of both English and the child's native language 
serves to promote the learning of English, and allows students to 
achieve in other subjects such as math and science--raising prospects 
for overall success in school.
  I have seen over and over again in my congressional district, the 
benefits of bilingual education. We merely cripple children's prospects 
for success and assimilation if we are not willing to acknowledge a 
language barrier and assist in overcoming it. Bilingual education gives 
thousands of children in my--and all over the country--the tools to 
succeed, and the ability to become productive, law-abiding citizens.
  For 25 years, we have watched as kids have assimilated into our 
society with aid of bilingual education. We must not destroy the most 
important citizenship program that we have in this country today.
  Mr. TOWNS. Mr. Chairman, as both a Representative of a highly 
multicultural district, and as a former educator, I must oppose this 
amendment offered by my distinguished colleague from Wisconsin. The 
amendment before us would eliminate the Federal Bilingual Education 
Program, including funding for materials, staff training, teachers, and 
aides. It would also prohibit the use of native language instruction. 
These policies ignore the growing diversity of our student population.
  New York City is populated with thousands of immigrants who have 
greatly enriched our economic and social fabric. Our public school 
system provides educational services, which include bilingual education 
programs, to a growing immigrant student population. I find it 
unconscionable that in this land of milk and honey we would seek to 
eliminate bilingual education programs, services and/or resources for 
language minority children. I am saddened that we would seek to weaken 
and ultimately diminish the Bilingual Education Program by prohibiting 
the use of the native language for instructional purposes.
  This proposal, clearly, offends those of us who endorse the 
educational goals of preparing our students for this increasingly 
multicultural world. If we want to provide an education of enrichment 
of all our children, then we must oppose this amendment. I strongly 
urge you to vote ``no.''
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Wisconsin [Mr. Roth].
  The question was taken; and the Chairman announced that noes appeared 
to have it.


                             RECORDED VOTE

  Mr. ROTH. Mr. Chairman, I demand a recorded vote.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 58, 
noes 334, not voting 46, as follows:

                             [Roll No. 73]

                                AYES--58

     Archer
     Armey
     Bachus (AL)
     Baker (CA)
     Baker (LA)
     Barrett (NE)
     Bartlett
     Bentley
     Bliley
     Bunning
     Burton
     Callahan
     Coble
     Collins (GA)
     Combest
     Crane
     DeLay
     Dickey
     Doolittle
     Dreier
     Duncan
     Everett
     Ewing
     Fawell
     Fields (TX)
     Gekas
     Goodlatte
     Hancock
     Hansen
     Herger
     Hunter
     Hutchinson
     Johnson, Sam
     Kim
     King
     Kingston
     Knollenberg
     Linder
     Manzullo
     McCandless
     McMillan
     Mica
     Myers
     Oxley
     Packard
     Paxon
     Petri
     Rogers
     Rohrabacher
     Roth
     Royce
     Sensenbrenner
     Shuster
     Smith (OR)
     Solomon
     Spence
     Stump
     Taylor (NC)

                               NOES--334

     Abercrombie
     Allard
     Andrews (NJ)
     Andrews (TX)
     Applegate
     Baesler
     Ballenger
     Barca
     Barcia
     Barrett (WI)
     Barton
     Bateman
     Beilenson
     Bereuter
     Berman
     Bevill
     Bilbray
     Bilirakis
     Bishop
     Blackwell
     Blute
     Boehner
     Bonilla
     Bonior
     Borski
     Brewster
     Brooks
     Browder
     Brown (CA)
     Brown (FL)
     Brown (OH)
     Bryant
     Byrne
     Calvert
     Camp
     Canady
     Cantwell
     Cardin
     Carr
     Castle
     Chapman
     Clayton
     Clement
     Clinger
     Clyburn
     Coleman
     Collins (IL)
     Collins (MI)
     Condit
     Conyers
     Cooper
     Coppersmith
     Costello
     Coyne
     Cramer
     Crapo
     Cunningham
     Danner
     Darden
     de la Garza
     de Lugo (VI)
     Deal
     DeFazio
     DeLauro
     Dellums
     Derrick
     Diaz-Balart
     Dicks
     Dingell
     Dixon
     Dooley
     Dornan
     Dunn
     Durbin
     Edwards (CA)
     Edwards (TX)
     Ehlers
     Emerson
     Engel
     English
     Eshoo
     Evans
     Farr
     Fazio
     Fields (LA)
     Filner
     Fingerhut
     Fish
     Flake
     Foglietta
     Ford (MI)
     Frank (MA)
     Franks (CT)
     Franks (NJ)
     Frost
     Furse
     Gallegly
     Gejdenson
     Gephardt
     Geren
     Gibbons
     Gilchrest
     Gilman
     Glickman
     Gonzalez
     Goodling
     Gordon
     Goss
     Green
     Greenwood
     Gunderson
     Hall (OH)
     Hall (TX)
     Hamilton
     Harman
     Hastert
     Hayes
     Hefley
     Hefner
     Hilliard
     Hinchey
     Hoagland
     Hobson
     Hochbrueckner
     Hoekstra
     Holden
     Horn
     Houghton
     Hoyer
     Huffington
     Hughes
     Hutto
     Hyde
     Inglis
     Inhofe
     Inslee
     Istook
     Jacobs
     Jefferson
     Johnson (CT)
     Johnson (GA)
     Johnson (SD)
     Kanjorski
     Kaptur
     Kasich
     Kennedy
     Kennelly
     Kildee
     Kleczka
     Klein
     Klink
     Klug
     Kolbe
     Kopetski
     Kreidler
     Kyl
     LaFalce
     Lambert
     Lancaster
     Lantos
     LaRocco
     Laughlin
     Lazio
     Leach
     Levin
     Levy
     Lewis (CA)
     Lewis (FL)
     Lewis (GA)
     Lightfoot
     Lipinski
     Livingston
     Lloyd
     Long
     Machtley
     Maloney
     Mann
     Manton
     Margolies-Mezvinsky
     Markey
     Martinez
     Matsui
     Mazzoli
     McCollum
     McCrery
     McCurdy
     McDade
     McDermott
     McHale
     McHugh
     McInnis
     McKeon
     McKinney
     McNulty
     Menendez
     Meyers
     Mfume
     Michel
     Miller (FL)
     Mineta
     Minge
     Mink
     Moakley
     Molinari
     Mollohan
     Montgomery
     Moorhead
     Moran
     Morella
     Murtha
     Nadler
     Neal (MA)
     Neal (NC)
     Norton (DC)
     Nussle
     Oberstar
     Obey
     Olver
     Ortiz
     Orton
     Pallone
     Parker
     Pastor
     Payne (NJ)
     Payne (VA)
     Penny
     Peterson (FL)
     Peterson (MN)
     Pickett
     Pombo
     Pomeroy
     Porter
     Portman
     Poshard
     Price (NC)
     Pryce (OH)
     Quillen
     Quinn
     Rahall
     Ramstad
     Rangel
     Ravenel
     Reed
     Regula
     Reynolds
     Richardson
     Roberts
     Roemer
     Ros-Lehtinen
     Rose
     Roukema
     Rowland
     Roybal-Allard
     Rush
     Sabo
     Sanders
     Sangmeister
     Santorum
     Sarpalius
     Sawyer
     Saxton
     Schaefer
     Schenk
     Schiff
     Schroeder
     Schumer
     Scott
     Serrano
     Sharp
     Shaw
     Shays
     Shepherd
     Sisisky
     Skaggs
     Skeen
     Skelton
     Slaughter
     Smith (IA)
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Snowe
     Spratt
     Stark
     Stearns
     Stenholm
     Strickland
     Studds
     Stupak
     Swett
     Swift
     Synar
     Talent
     Tanner
     Tauzin
     Taylor (MS)
     Tejeda
     Thomas (CA)
     Thomas (WY)
     Thompson
     Thornton
     Thurman
     Torkildsen
     Torres
     Torricelli
     Towns
     Traficant
     Tucker
     Unsoeld
     Upton
     Valentine
     Vento
     Visclosky
     Volkmer
     Vucanovich
     Walker
     Walsh
     Waters
     Watt
     Waxman
     Weldon
     Wheat
     Whitten
     Williams
     Wilson
     Wise
     Wolf
     Woolsey
     Wyden
     Wynn
     Yates
     Young (AK)
     Young (FL)
     Zimmer

                             NOT VOTING--46

     Ackerman
     Andrews (ME)
     Bacchus (FL)
     Barlow
     Becerra
     Boehlert
     Boucher
     Buyer
     Clay
     Cox
     Deutsch
     Faleomavaega (AS)
     Ford (TN)
     Fowler
     Gallo
     Gillmor
     Gingrich
     Grams
     Grandy
     Gutierrez
     Hamburg
     Hastings
     Hoke
     Johnson, E. B.
     Johnston
     Lehman
     Lowey
     McCloskey
     Meehan
     Meek
     Miller (CA)
     Murphy
     Natcher
     Owens
     Pelosi
     Pickle
     Ridge
     Romero-Barcelo (PR)
     Rostenkowski
     Slattery
     Stokes
     Sundquist
     Underwood (GU)
     Velazquez
     Washington
     Zeliff

                              {time}  1718

  The Clerk announced the following pair:
  On this vote:

       Mr. Grams for, with Mr. Deutsch against.

  Messrs. SAXTON, KASICH, LANCASTER, TUCKER, McHUGH, and HYDE changed 
their vote from ``aye'' to ``no.''
  Mr. KIM changed his vote from ``no'' to ``aye.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.


              Amendment offered by Mr. Gene Green of Texas

  Mr. GENE GREEN of Texas. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Gene Green of Texas: Page 688, 
     line 8, strike ``$40,000,000'' and insert ``$100,000,000''.

                              {time}  1720

  Mr. GENE GREEN of Texas. Mr. Chairman, this amendment would raise the 
authorization of the Emergency Immigrant Education Program for fiscal 
year 1995 from $40 million to $100 million. This amendment, as 
proposed, would increase the amount to $100 million, however, a 
compromise has been reached with Republican Members and it is my hope 
that this amendment is now acceptable to both sides of the aisle.
  The Emergency Immigrant Education Program provides funding to States 
who have been paying the cost of education for children of recent 
immigrants to this country. These children often are more costly to 
educate since they often have special needs and this program offers a 
moderate amount of Federal assistance to recognize the Federal 
Government's responsibility to compensate States for the costs 
associated with our Federal immigration policy.
  We are asking for an increase in authorized amount because the 
program has not kept pace with the steady increase in the number of 
immigrant children in our schools. As you may be aware, States such as 
Texas and California have recently begun legal action against the 
Federal Government in order to recover the costs associated with 
immigration. This program addresses part of those costs and is support 
by both Gov. Pete Wilson and Gov. Ann Richards.
  Passing this amendment will send a strong message to the States that 
the Federal Government can and will accept responsibility for its 
actions. It is our Federal immigration policy that causes much of the 
burden on our public schools and this amendment will help those States 
who have thus far been bearing a greater share of this burden.
  I urge my colleagues to accept this amendment and give our States the 
resources they need to provide education services to all children.
  Mr. SHAW. Mr. Chairman, will the gentleman yield?
  Mr. GENE GREEN of Texas. I yield to the gentleman from Florida.
  Mr. SHAW. Mr. Chairman, I thank the gentleman for yielding.
  Mr. Chairman, this is a tremendously important amendment. I 
compliment the gentleman for offering it, the gentleman from Florida 
[Mr. Johnston], as well as the gentleman from California [Mr. Miller], 
who have done a wonderful job in pushing this amendment forward.
  In my home State of Florida over the last 5 years we have expended 
almost $1 billion on the program of educating newcomers to our State. 
It is a terrible burden upon the States who are impacted tremendously 
by people coming from offshore the United States.
  Mr. Chairman, this is a responsibility of the Federal Government. The 
States have no control over who is admitted to the schools or who is 
even admitted to our shores. This is clearly a tremendous 
responsibility.
  Mr. Chairman, I compliment the gentleman for this amendment, and urge 
its approval.
  Mr. Chairman, I commend my colleague and good friend from Florida, 
Harry Johnston, for his hard work in seeking to assist Florida and 
other highly impacted States in recouping resources strained by 
immigration--both legal and illegal. Because of its rapid growth, which 
routinely outpaces the census, Florida is a donor State in many of the 
Federal funding formulas. Add to that our border location and the 
wonderful quality of life and opportunities we offer, and you begin to 
understand the root of our problem with immigration. The social costs 
associated with immigration should be a matter of Federal policy and 
should be addressed by Federal solutions. Yet Florida is spending 
hundreds of millions of dollars on her own--without nearly the support 
from the Federal that is needed. Of course I support any measure 
designed to pay back those dollars. And I think that is the intention 
of this amendment, which is specifically designed to help States cope 
with the costs of providing emergency education for immigrants.
  At the same time, however, I recognize the inherent problem with 
making more resources available for immigrant services--and that is the 
magnet effect. America is viewed by millions around the world as the 
land of opportunity, a place where dreams come true through employment, 
health care, and education. If we continue to expand the authorization 
for services every time more people seek to avail themselves of those 
services, we will embark on an indefinite and unsustainable spiral. 
Given our precarious Federal budget situation, we cannot keep 
increasing funding every time we have an increase in the numbers of 
refugees and immigrants seeking entry into this country. So my concern 
with this amendment is that it will be viewed and implemented as a new 
authorization, a new baseline level for future services that will act 
as a magnet for ever increased immigration--rather than a payback for 
the costs already incurred by the States.

  Ms. THURMAN. Mr. Chairman, I rise in strong support of the Green/
Johnston amendment to increase Emergency Immigrant Education Act 
funding to $100 million dollars.
  Today, there are 700,000 immigrant students in the United States that 
qualify for support under the E.I.E.A.
  At a funding level of $40 million dollars, only 460,000 students can 
receive support. Even among those served, the amount of aid per student 
does not come close to covering actual costs. Local school systems are 
being forced to absorb the difference.
  Increasing the E.I.E.A. allotment to $100 million is an important 
first step, but only part of the solution. the distribution formula 
itself also needs to be reformed.
  Mr. Chairman, Floridians are very generous people, but they simply 
cannot continue to carry the financial burden of our Nation's 
immigration policies.
  About 150,000 foreign born students, both legal and illegal 
immigrants, are costing Florida $975 million each year. This is money 
that won't be available to improve health care, build parks, expand 
prison space, or make roads safer. These are all legitimate State 
responsibilities that are being shortchanged because of Federal 
immigration policies.
  The U.S. Supreme Court has ruled that all students, regardless of 
legal status, are entitled to a public education. I say it is about 
time that the Federal Government help States like Florida and others 
that have the largest number of immigrant students.

                          ____________________