[Congressional Record Volume 140, Number 35 (Thursday, March 24, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: March 24, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]


                              {time}  1540
 
                IMPROVING AMERICA'S SCHOOLS ACT OF 1994

  The SPEAKER pro tempore (Mr. Lewis of Georgia). 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}  1542


                     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. Darden, 
chairman pro tempore, in the chair.
  The Clerk read the title of the bill.
  The CHAIRMAN pro tempore. When the Committee of the Whole rose on 
Tuesday, March 22, 1994, the amendment offered by the gentleman from 
California [Mr. Doolittle] had been disposed of, and title IX of the 
proposed Elementary and Secondary Education Act was open for amendment 
at any point.
  Are there further amendments to this title?


                    amendment offered by mr. hancock

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

       Amendment offered by Mr. Hancock: --Page 762, after line 8, 
     insert the following:

     SEC. 9506. PROHIBITION AGAINST FUNDS FOR HOMOSEXUAL SUPPORT.

       ``(A) Prohibition.--No local educational agency that 
     receives funds under this Act shall implement or carry out a 
     program or activity that has either the purpose or effect of 
     encouraging or supporting homosexual as a positive lifestyle 
     alternative.
       ``(b) Definition.--A program or activity, for purposes of 
     this section, includes the distribution of instructional 
     materials, instruction, counseling, or other services on 
     school grounds, or referral of a pupil to an organization 
     that affirms a homosexual lifestyle.

  Mr. HANCOCK. Mr. Chairman, this amendment is very simple. It will 
prohibit any local educational agency that receives funds under H.R. 6 
from implementing or carrying out any program or activity which has 
either the purpose or effect of promoting homosexuality as a positive 
lifestyle alternative. I just want to make clear from the very 
beginning this amendment is not an unfunded mandate. If anything, it is 
the reverse of a mandate.
  My amendment does not impose on schools any duty to undertake a new 
program or activity. It creates no requirement for schools to denounce 
homosexuality in the classroom or to undertake a curriculum of any kind 
on the subject of homosexuality. Very importantly, it does not prevent 
schools from conducting traditional hygiene or health classes. All of 
these decisions are up to local elected school boards and parents, 
which is the way it ought to be.
  This amendment does not even impose any new requirements to make 
reports or certifications to the Federal Government, which is different 
from a lot of legislation we pass here in Congress. It creates no extra 
expense or special burdens. We are saving money, which is really rare. 
All I am attempting to do is prevent the use of taxpayers' dollars to 
promote homosexuality. That is all.
  Mr. Chairman, my amendment does restrict what schools can do with 
Federal funds. It also restricts what they can do with their own 
resources if they accept Federal dollars. This is necessary to prevent 
the shell game we have seen with other grantees who commingle Federal 
funds with other moneys. My amendment is the only way to protect 
Federal taxpayers from that kind of nonsense and evasion.
  Some Members may ask why this amendment is necessary at all. Many may 
not be aware of what sort of prohomosexual propaganda is actually 
infiltrating our public schools. Believe it or not, right now in 
community after community, our children are being exposed to the 
homosexual lifestyle as early as elementary school. That lifestyle is 
presented in an approving manner and as a legitimate alternative 
lifestyle. This clearly defies the values of the overwhelming majority 
of parents and taxpayers throughout America.
  There are a host of programs and groups, including project 10, since 
named project 21, I think it is pronounced SIECUS, Sex Information and 
Education Council of the United States, Mutual Caring, Mutual Sharing, 
and others which teach young people homosexuality is normal, healthy, 
and desirable.

  Students must explore their sexual feelings through secret 
counseling. They are referred to gay and lesbian community centers to 
meet and interact with homosexual adults. Film strips, books, and other 
materials graphically portray homosexual acts, acts which are not only 
offensive but dangerous behavior which can expose one to AIDS and other 
serious health risks. Some even have a buddy system to help match up 
homosexual couples.
  Of course, traditional teachings against homosexuality are 
systematically ridiculed as ignorance and bigotry. Where is this? So 
far, in Alaska, California, Connecticut, Hawaii, Louisiana, 
Massachusetts Minnesota, Nebraska, New Hampshire, New York, Vermont, 
Virginia, and elsewhere.
  In New York City, even elementary schools are exposed to 
prohomosexual propaganda, including two books entitled, ``Heather's two 
Mommies,'' and ``Daddy's Roommate.'' This is a clear effort to target 
our young people.
  One homosexual activist, Mr. Michael Swift, made this clear in the 
Boston Gay Community News, He said of the homosexual movement,

       We shall sodomize your sons feeble emblems of your 
     masculinity. We shall seduce them in your schools, in your 
     dormitories, in your gymnasiums, in your locker rooms, in 
     your sports arenas, in your seminaries, in your youth groups, 
     in your army bunkhouses, wherever men are with men together. 
     Your sons shall become our minions and do our bidding. They 
     will be recast in our image.

  While this is just one activist, his mindset is highly instructive. I 
do not believe our children should be recast in his image, especially 
with Federal dollars. I do not appreciate this sort of attempt to 
recruit our children and grandchildren to this lifestyle.
  Before Members vote, I urge them to survey the literature in front of 
me. I apologize in advance to Members who might be offended. Yes, some 
of it is graphic and offensive, but it is the same garbage being forced 
on our children.
  Do not vote on this amendment without looking at this material for 
yourself. What this comes down to is whether or not Members think 
voters back home in their districts really approve of their hard-earned 
money being used to bombard their children with prohomosexual 
propaganda that directly contradicts their values.
  If you think your taxpayers back home have a problem with this, then 
I ask for your support of this amendment.

                              {time}  1550


   Amendment offered by Mrs. unsoeld to the Amendment Offered by Mr. 
                                Hancock

  Mrs. UNSOELD. Mr. Chairman, I offer an amendment to the amendment.
  The Clerk read as follows:

       Amendment offered by Mrs. Unsoeld to the amendment offered 
     by Mr. Hancock:
       In subsection (a) of the first amendment made to page 762, 
     after ``agency'' strike ``that received funds under this 
     Act''.
       After ``shall'' insert ``use funds made available under 
     this Act to''.
       Add at the end of subsection (a) the following: No local 
     educational agency shall use funds under this Act to 
     distribute or to aid in the distribution by any organization 
     of obscene material to minors on school grounds.
       Add at the end of the first amendment made to page 762, 
     after line 8, add the following:
       ``(c) No Federal Control of Curriculum.--Nothing in this 
     section shall be construed--
       ``(1) to authorize an officer or employee of the Federal 
     Government to mandate, direct, or control a State, local 
     educational agency, or schools' instructional content, 
     curriculum, and related activities;
       ``(2) to limit the application of the General Education 
     Provisions Act;
       ``(3) to require the distribution of scientifically or 
     medically false or inaccurate materials or to prohibit the 
     distribution of scientifically or medically true or accurate 
     materials;
       ``(4) to create any legally enforceable right.
       ``(d) Rule of Construction.--In carrying out the provisions 
     of this section, the Secretary shall not--
       ``(1) review any curricula or instructional materials;
       ``(2) promulgate regulations; or
       ``(3) take any administrative or legal action against a 
     State or local educational agency or school.

  Mrs. UNSOELD. Mr. Chairman, I ask my colleagues to support my 
amendment to the Hancock amendment to H.R. 6.
  The Hancock amendment once more would give the Federal Government 
jurisdiction over curriculum decisions. What with all of the discussion 
we have heard in this bill about no Federal mandates, it seems 
absolutely crazy to even consider giving the Federal Government this 
control.
  My amendment clarifies that restrictions contained in the amendment 
apply only to funds provided under the Elementary and Secondary 
Education Act and that it does not apply to the use of local funds. The 
amendment also clarifies that nothing in this section shall interfere 
with the rights of local communities to select curriculum appropriate 
to the needs of the children in their communities.
  Decisions regarding curriculum choices are best left to local school 
officials and local elected school board members.
  Education has always been a local matter. To change that now because 
of the gentleman from Missouri's, Mr. Hancock's obsession or fear over 
prohomosexual propaganda is not only misplaced, it would be illegal.
  The Hancock amendment violates a basic principle of the general 
Education Provisions Act and the Department of Education Organization 
Act that states that the Federal Government cannot exercise any 
direction, supervision, or control over the curriculum or program of 
instruction of any educational institution.
  The amendment's definition of program or activity in the Hancock 
amendment is so broad that classroom discussions, library acquisitions, 
and even private conversations in counseling sessions would be subject 
to censorship under the threat of loss of all Federal funding.
  Furthermore, we have just in this body passed lobbyist reform 
legislation. We have said in response to the American public there is 
too much influence by lobbyists on the legislative process, and yet 
outside this Chamber's doors material is being distributed to warn, is 
this coercion or blackmail, to warn Members that a vote for the Unsoeld 
amendment will be scored in voters' guides as a vote to promote 
homosexuality. Never mind what the facts are. These people will use it 
to score. Is that not undue influence by lobbying groups and in total 
violation to what this body did a very short time ago by more than a 
two-thirds vote?
  The Hancock amendment would set an extremely dangerous precedent for 
Federal mandating and policing of local education programs. I urge my 
colleagues to keep local control of local moneys and local schools with 
the folks back home who know best what is going on in their 
communities, what the needs are in their schools, and not to impose the 
Federal Government, big brother, into local schools.
  I urge adoption of the Unsoeld amendment.
  Mr. HANCOCK. Mr. Chairman, I ask unanimous consent to strike the last 
word.
  The CHAIRMAN. Without objection, the gentleman from Missouri [Mr. 
Hancock] is recognized for 5 minutes.
  There was no objection.
  Mr. HANCOCK. Mr. Chairman, the Unsoeld amendment--or what I will 
refer to as the ``Unsoeld double-loophole'' amendment--is a gutting 
amendment, pure and simple.
  It is a desperate attempt to undermine my amendment completely. A 
vote for the Unsoeld double-loophole amendment is essentially a vote 
against the Hancock amendment to H.R. 6.
  Indeed, a vote for the Unsoeld double-loophole amendment is a vote 
for allowing this kind of prohomosexual propaganda to continue unabated 
in our Nation's public schools.
  Allow me to explain.
  The Unsoeld amendment contains not one, but two separate and very 
clever loopholes which will allow any school in the country to use 
local, State, and Federal funds to blatantly promote and advocate the 
homosexual lifestyle to preschoolers, elementary school students, 
junior high students, and high school students.
  The first loophole in the Unsoeld double-loophole amendment is that 
it restricts only the use of Federal funds.
  In fact, the Unsoeld amendment explicitly affirms the right of 
schools to use other public resources to bombard our children and 
grandchildren with prohomosexual propaganda in the classroom.
  This first loophole is a green light to local educational agencies to 
play the shell game we have come to know so well, where Federal 
grantees pour all the money in the same pot and somehow insist they 
didn't use Federal funds. As a result, there is absolutely no 
accountability regarding the use of Federal tax dollars.
  The is loophole No. 1.
  The second loophole in the Unsoeld double-loophole amendment is even 
more insidious.
  The Hancock amendment targets those programs which have the purpose 
or effect of promoting the homosexual lifestyle. The Unsoeld double-
loophole amendment changes that.
  The Unsoeld amendment only targets those programs which have the 
purpose of promoting homosexual lifestyle.
  Now, what does this mean? It means any school can simply misrepresent 
the purpose of their program--much as the New York State Board of 
Education did with this literature which is making the rounds of the 
Chamber. They claimed it was AIDS education.
  All of these programs are instituted under the guise of something 
other than promoting the homosexual lifestyle. Whether they pass it off 
as cultural sensitivity training, sex education, or AIDS awareness, the 
campaign to promote homosexuality as healthy, normal and desirable will 
continue.
  In fact, the Unsoeld double-loophole amendment would allow schools to 
use even Federal funds to promote the homosexual lifestyle--that's 
right, even Federal funds. All the school has to do is misrepresent or 
lie about the purpose of the program.
  So you see, the Unsoeld double-loophole amendment covers every base 
to make it nearly impossible to prevent public resources of any kind 
from being used to bombard our children and grandchildren with graphic, 
prohomosexual propaganda.
  What about the mandate argument raised by Mrs. Unsoeld and other 
opponents of this amendment? My colleagues this is nothing but a red 
herring.
  While I am gratified my liberal colleagues have suddenly gotten 
religion on the subject of local autonomy and the need to restrain Big 
Brother government, let's be honest about this so-called mandate issue.
  H.R. 6 itself contains no less than 23 specific, new unfunded 
mandates--not counting the amendments we have added to it on this 
floor. I have a list of them right here, prepared by the Congressional 
Research Service at the request of the Unfunded Mandates Caucus.
  The mandate issue is no excuse to oppose the Hancock amendment. If 
you vote against the Hancock amendment on that basis, you better be 
prepared to vote against H.R. 6.

                              {time}  1600

  But for the record, the Hancock amendment is not an unfunded mandate. 
It does not impose any new expense or burden on schools or States as an 
unfunded mandate would. Schools and States are not required to make any 
additional reports or certifications to the Federal Government. They 
are not required to implement any new program or activity as a normal 
mandate would.
  The Hancock amendment simply restricts schools which choose to accept 
Federal funds under this act from pursuing one particular type of 
activity, promoting a homosexual lifestyle.
  Why not have such a restriction? We are not in the business of 
writing blank checks here in the Congress. As Members of Congress we 
have a fiduciary responsibility regarding the use of Federal tax 
dollars whether by an agency or a grantee such as a local school, and 
the only way to effectively prevent the use of Federal tax dollars to 
promote the homosexual lifestyle is the Hancock amendment.
  My friends, I do not think you are going to escape this issue. You 
are going on record here; profamily groups across the country are 
watching this vote, which I will agree with my colleague, the public is 
going to know about this vote.
  Ask yourself a basic question: Do the taxpayers of your district 
really want their hard-earned tax dollars and our Nation's public 
schools used to bombard their children with homosexual propaganda? Of 
course not. They will not be patient with more double talk coming out 
of the U.S. Congress.
  The Unsoeld double loophole is no shield either.
  I urge my colleagues, for the sake of what is right and decent, for 
the sake of the children of this country, to oppose and defeat the 
Unsoeld double-loophole amendment and support the Hancock amendment to 
H.R. 6.
  Mr. KILDEE. Mr. Chairman, I move to strike the requisite number of 
words.
  Mr. Chairman, I yield to the gentlewoman from Washington [Mrs. 
Unsoeld].
  Mrs. UNSOELD. Mr. Chairman, I thank the gentleman for yielding to me.
  My colleague on the other side of the aisle, sponsor of the 
amendment, referred to unfunded mandates. That was not in any of my 
statement.
  I would like to suggest that if the Hancock amendment is intended to 
get at some of the literature or material that the gentleman from 
Missouri [Mr. Hancock] referred to, I would point out that the board of 
education's chancellor in New York has repudiated the use of such 
material, and it will be talked about by another Member on this side.
  But I would point out to the gentleman from Missouri [Mr. Hancock] 
that if his objective is to not have this kind of material in any way 
distributed at some kind of school-sponsored program, he should read my 
amendment, which states:

       No local educational agency shall use funds under this act 
     to distribute or to aid in the distribution by any 
     organization of obscene material to minors on school grounds.

  Now, I believe that that takes care of his issue.
  I would also like the gentleman to read his own definition in his 
amendment which says that a program or activity for purposes of this 
section which should be prohibited includes the distribution of 
instructional materials, instruction, counseling, or other services on 
school grounds or referral.
  So under your definition of what would be prohibited would be a 
referral of a pupil to an organization that affirms or discusses a 
homosexual lifestyle, even in the context of providing health care. 
That kind of Big Brother dictatorship from the Federal Government to 
local schools, to local communities, in my view, is not acceptable. It 
is not the American way of doing things.
  Local decisions should be made by local people where they know best 
the problems and how to solve them.
  I would submit that, rather than being a loophole, my amendment 
probably accomplishes what the gentleman was intending in his own 
amendment, and really he should support it.
  Mr. EMERSON. Mr. Chairman, I move to strike the requisite number of 
words.
  Mr. Chairman, I would like to engage the gentleman from Missouri [Mr. 
Hancock] in a colloquy if he would agree.
  Did I understand the gentleman in his opening remarks to say that 
there is literature that has been and is being distributed in public 
schools in this country that the Parliamentarian has determined is not 
fit for the eyes of Congress?
  Mr. HANCOCK. Mr. Chairman, will the gentleman yield?
  Mr. EMERSON. I am happy to yield to the gentleman from Missouri.
  Mr. HANCOCK. That is exactly right.
  Mr. EMERSON. So this is another example of where we are willing to 
exempt ourselves, as it were, from some laws and regulations, yet have 
other entities in our population be exposed to them?
  Mr. HANCOCK. If the gentleman will yield further for just a moment, 
in fact, the Unsoeld double-loophole amendment was changed from the 
time we started. We just got it in which she added the words that we 
did not even know about, obscene material. I think we have a problem 
with the definition of ``obscene.''
  I am assuming that when I handed her this literature a few days ago 
that she agrees this is obscene material. We also have a few books here 
which I did not give her which are being used which you are welcome to 
come over and look at, and so they have corrected or at least changed, 
and we are getting into the problem of defining ``obscene materials''; 
but these materials have been used and are being used in public 
education in lots of areas in the United States.
  Mr. EMERSON. I would like to make one further point: The gentlewoman 
was critical of the fact that there are certain interest groups in this 
country who are seeking to inform Congress and the American public 
about their perspective on this issue, and they are going to tell 
people who belong to their organization how Members vote on this issue.
  I have always understood that citizen communication or interest-group 
communication with Congress was protected under the first amendment, 
and people had the right to make expressions. The gentlewoman acted in 
such horror that there were people in the corridors out here who were 
expressing a point of view.
  Have you ever come through those doors when there was not someone out 
there expressing a particular point of view?
  Mr. NADLER. Mr. Chairman, will the gentleman yield?
  Mr. EMERSON. I yield to the gentleman from New York.
  Mr. NADLER. Mr. Chairman, I just had a very simple question. Some 
materials have been handed out around this Chamber that are on the desk 
here that were allegedly distributed to schoolchildren. Now, aside from 
the one incident in New York where the Gay Men's Health Crisis has said 
that material meant for adults was by mistake left on a table outside a 
high school conference, can you cite chapter and verse as to where this 
has been distributed to children?
  Mr. HANCOCK. If the gentleman will yield, we have lots of materials: 
Staples High School, Westport, CT; California, Unified School District, 
San Francisco; at Pehoa in Hawaii, a high school; the Rainbow 
Curriculum, and that is in the New York public schools; New Hampshire 
public schools; Fairfax County in Virginia, under family life 
education. Yes, we can cite where this is being done.
  Mr. EMERSON. Mr. Chairman, reclaiming my time, I yield briefly to the 
gentleman from New York [Mr. Nadler].
  Mr. NADLER. Mr. Chairman, very briefly, my information, first of all, 
in New York, this material has never been distributed as part of the 
Rainbow Coalition in the New York City public schools. I do not know 
about the other high schools. But I do know that with the exception of 
the one mistake where this was put out at a high school citywide 
conference on a table, the authors say this has never been and never 
was mean to be and was never distributed to any schools, because it is 
meant for adults. I know that your reference to the New York City 
public schools is plainly mistaken.
  Mrs. UNSOELD. Mr. Chairman, will the gentleman yield?
  Mr. EMERSON. I am happy to yield to the gentlewoman from Washington.
  Mrs. UNSOELD. I believe it is highly appropriate for people outside 
the doors or anyplace to be expressing their view. What I take 
exception to is the threat that a vote is about to be scored, and then 
he list of the organizations for which that scoring has been done, and 
I do not think that is appropriate.
  Mr. EMERSON. If I may say to the gentlewoman, every day the AFL-CIO 
and the Chamber of Commerce, the NAM and the NRA, and I am sure any 
number of interest groups in this country rate our votes according to 
their perspective, and I would suggest there is absolutely nothing 
inappropriate about that. It is clearly a matter of expression 
protected, I think not only by the first amendment, but under other 
provisions of the Constitution, and about the rights of citizens.
  Mrs. UNSOELD. But a threat prior to the vote is probably exactly the 
kind of lobbyist influence to which the public objects and to which we 
should try to rise above as a legislative body representing those 
people.
  Mr. EMERSON. I fail to understand how we can represent our 
constituencies if they are not to communicate with us, and certain 
organizations which their own membership.
  Mr. McDERMOTT. Mr. Chairman, I move to strike the requisite number of 
words.
  Mr. Chairman, I did not intend to speak on this amendment, but I sat 
in my office and watched it, and I decided that somebody needs to come 
over here and talk about kids.
  The fastest growing number of kids in this country, or the fastest 
growing number of people who are contracting AIDS are young people. It 
is happening across the board. It does not make any difference whether 
you are in a rich community or a poor community or people of color or 
anything else, it is all over the country.

                             {time}   1610

  In my State, when I was in the State legislature, I put in the first 
education money, back in 1984, in order to make money available to the 
education system, and in 1988 the State of Washington passed a law 
requiring AIDS education in all the schools and appropriated $8 million 
of their own money to do it. I find it extraordinarily ironical that 
folks who are usually up on their feet telling us that the Federal 
Government ought to stay out of their business and that the beltway 
does not know everything, are suddenly going to leap in on school 
districts and decide what ought to happen.
  Now, I am not going to defend what happened in every school district 
across this country, but I will defend the right of the 280-some school 
districts in the State of Washington to be able to decide what is an 
appropriate curriculum for their people. And I think for us to be 
putting in language that decides for them, the language of Mrs. 
Unsoeld's amendment--``No educational agency shall use funds under this 
act to distribute or aid in the distribution by any organization of 
obscene material''--is about as clear-cut as you need. And for us to 
then decide what obscenity is and for us to get down into that kind of 
stuff is simply the Federal Government taking away the right of local 
school districts to decide how to educate their kids.
  There may be a problem in some district in the United States, but for 
us to legislate on the basis of what went on in some in 6 or 3 or 2 
districts across the country is simply an invasion by the Federal 
Government, in a way, on this issue, the most personal of private 
behavior that we are trying to get kids to change and understand what 
they are doing, is in my opinion absolutely the wrong way to go.
  I expect that in Chewelah, WA they are going to educate their kids a 
little bit differently than in Rolla, MO, or in Charleston, SC or in a 
whole lot of other places. And I will trust the school board and I will 
trust the community to make those kinds of educational decisions for 
their people.
  For us not to have our communities involved in educating their kids 
is a serious mistake. And if something happens, they can correct that. 
That is not damage beyond belief. But for us in any way to stand 
between our school districts and telling their kids about how you 
contract AIDS, what it is about and what happens and what the end 
result of it is, simply not good policy.
  Mrs. Unsoeld's amendment is sufficient in this regard, and I do not 
think you need to be delving any further into telling them.
  Mr. HANCOCK. Mr. Chairman, will the gentleman yield?
  Mr. McDERMOTT. I yield to the gentleman from Missouri.
  Mr. HANCOCK. I thank the gentleman for yielding.
  Mr. Chairman, I am assuming the gentleman is voting against H.R. 6 
because of the 23 other mandates in H.R. 6. Is that correct?
  Mr. McDERMOTT. The Federal Government puts out money to aid 
education. We allow States to use it in a whole lot of ways, and I 
think there are things in the cities that we have done to support that.
  Mr. HANCOCK. But we do make mandates, you will assume.
  Mr. McDERMOTT. Yes. but I am not going to tell them how to run the 
program or what the actual educational material is going to be.
  Mr. KILDEE. Mr. Chairman, will the gentleman from Washington yield to 
me?
  Mr. McDERMOTT. I yield to the gentleman from Michigan.
  Mr. KILDEE. I thank the gentleman for yielding.
  Mr. Chairman, I want to tell the gentleman from Missouri he may think 
they are Federal mandates, but, as the gentleman from Wisconsin [Mr. 
Gunderson] pointed out the other day, he made it very clear that there 
are no Federal mandates in this bill. There are no Federal mandates in 
this bill. There are 23 reporting requirements, and those reporting 
requirements can be paid for with Federal dollars, not State or local 
dollars, but Federal dollars.
  Mr. GUNDERSON. Mr. Chairman, I move to strike the requisite number of 
words.
  (Mr. GUNDERSON asked and was given permission to revise and extend 
his remarks.)
  Mr. GUNDERSON. Mr. Chairman, will the gentleman from Missouri [Mr. 
Hancock] yield for a colloquy? I tried to get the gentleman when he 
introduced his amendment, and he had yielded back his time already.
  I want to go through the same discussion with the gentleman from 
Missouri, in good faith, that I went through with the gentleman from 
California [Mr. Doolittle], yesterday.
  First and foremost, what does the gentleman mean by program or 
activity?
  Mr. HANCOCK. Mr. Chairman, will the gentleman yield?
  Mr. GUNDERSON. I yield to the gentleman from Missouri.
  Mr. HANCOCK. I thank the gentleman for yielding.
  Mr. Chairman, the program or activity is defined as an activity with 
the purpose or effect of encouraging or supporting homosexuality as a 
positive lifestyle. That, I think, is pretty explicit. I have no 
objection----
  Mr. GUNDERSON. Let me give the gentleman some examples. It is very 
important that we understand what we are or are not doing here.
  Will counseling in school between a certified school counselor and a 
student on that student's struggle for personal identity be considered 
a program or activity under the gentleman's amendment?
  Mr. HANCOCK. Counseling them for the purpose of the counseling which 
we have here of homosexuality as a positive, affirmative lifestyle, 
yes, I think that would be prohibited.
  Mr. GUNDERSON. Let me take that one further. There is a recent study 
out, I think it was actually a study by the Department of Health and 
Human Services under the Bush administration, a 1989 report of the 
Secretary of Health and Human Services, a task force on youth suicide, 
which found that ``homosexuals were 2 times to 7 times more likely than 
heterosexuals to attempt suicide.''
  Now, that happened under the Bush administration. What happens if a 
kid is found in a lunchroom or a restroom attempting suicide and is 
discovered and they take that to the high school counselor and the 
counselor says, ``Let's talk,'' and the kid says, ``I think I am a 
homosexual''? Can that counselor respond in a way that encourages that 
person, to accept themselves as a person to accept themselves as a 
human being? That will have the effect of, quote unquote, promoting 
homosexuality?
  Mr. HANCOCK. I believe, under those circumstances the gentleman 
describes, the proper position for a school official would be to refer 
that student to an individual with the credentials that the gentleman 
from Washington [Mr. McDermott] has, to be counseled.
  Mr. GUNDERSON. Would the gentleman say under his amendment no school 
guidance counselor in America would be able to counsel a student, boy 
or girl, who came to them and said, ``I am really struggling with who I 
am''?
  Mr. HANCOCK. I think they could counsel them. I question whether we 
have very many people in public education who are qualified to counsel 
on this particular subject. I do not know that that is a requirement 
for teaching.
  Mr. GUNDERSON. None of us wanted to get into teacher certification.
  Mr. HANCOCK. But we can counsel, and the proper thing to do, if an 
individual should recognize that they are not qualified to counsel in 
this field, they should refer them to the proper qualified counsel.
  Mr. HYDE. Mr. Chairman, will the gentleman yield?
  Mr. GUNDERSON. I yield to the gentleman from Illinois.
  Mr. HYDE. I thank the gentleman for yielding.
  Mr. Chairman, of course a young man who has an ambivalence ought to 
be counseled. He needs attention, care. But what this amendment 
proscribes is encouraging or supporting homosexual lifestyle, and that 
is different from giving advice and counseling.
  Mr. GUNDERSON. Here is the problem I have with the amendment: I do 
not know about anybody else, but it has the effect of--if you drop the 
words ``has the effect of'' from his amendment, then I think what the 
gentleman from Illinois is suggesting is clearly palatable.
  You see, where I am trying to get the gentleman, I hope there is not 
a person in America who supports an academic course in our public or 
private schools promoting homosexuality.

                              {time}  1620

  I do not support that, but what I am trying to deal with is an 
amendment that goes beyond what I think is that legitimate intention to 
some very destructive effects. No. 1 is dealing with counseling. The 
second one I want to get to is the issue of education.
  I say to the gentleman, ``I mean your amendment says that any school 
that receives funds under this act cannot use any funds that has the 
effect of promoting homosexuality under any program or activity. I 
would assume by that you mean then that AIDS education is no longer 
allowed activity in any public school in America if your amendment 
passes.''
  The CHAIRMAN. The time of the gentleman from Wisconsin [Mr. 
Gunderson] has expired.
  (By unanimous consent the gentleman from Wisconsin [Mr. Gunderson] 
was allowed to proceed for 5 additional minutes.)
  Mr. GUNDERSON. Mr. Chairman, I ask the gentleman, ``Can you respond? 
I'm just trying to find out. I think, as I tried to discuss with you 
some time ago, I think a discussion can lead us to a consensus in this 
amendment that gets where you want to go that doesn't have the negative 
effect that I feel.''
  Mr. HYDE. Mr. Chairman, will the gentleman yield?
  Mr. GUNDERSON. I yield to the gentleman from Illinois.
  Mr. HYDE. Mr. Chairman, I just again revert to the language of the 
amendment offered by the gentleman from Missouri [Mr. Hancock]. It 
says, ``* * * shall implement or carry out a program or activity that 
has either the purpose,'' and I know the words that trouble the 
gentleman, ``or effect of encouraging or supporting homosexuality as a 
positive lifestyle alternative.''
  I think that fits what the gentleman himself has said is not----
  Mr. GUNDERSON. So the gentleman does not believe then that, if this 
amendment is adopted, that AIDS education will in any way be limited?
  Mr. HYDE. Not at all. I would hope it would not be, and I would hope 
that young people struggling with their own identity could get 
counseling under this amendment so long as the life style of 
homosexuality is not encouraged, is not encouraged. That does not mean 
it has to be misunderstood, or condemned, or judgmental, but just not 
to promote, encourage, it as a positive lifestyle.
  Mr. GUNDERSON. OK; question No. 3:
  What's the enforcement effect of your amendment? I mean we discussed 
this yesterday with the Doolittle amendment as well. Let's assume a 
school is found to have violated your amendment. What's the penalty?
  Mr. HANCOCK. Mr. Chairman, will the gentleman yield?
  Mr. GUNDERSON. I yield to the gentleman from Missouri.
  Mr. HANCOCK. Mr. Chairman, since the question was brought up 
yesterday we did a little research, and we found that the Department of 
Education, when they receive applications for Federal funds from 
schools, that the schools swear to uphold the laws under this--under 
the----
  Mr. GUNDERSON. Do they have to sign a report ahead of time proving 
they are not doing a thing of this sort?
  Mr. HANCOCK. That is correct, and they also have to uphold the rules 
and regulations, the mandates, if you want to call it that, the other 
23 of the Department of Education. So, those funds could be removed, if 
in fact--if they did not abide by the law.
  Mr. GUNDERSON. OK; let me further ask the gentleman another question, 
and I regret this is taking a lot of time, but the Reagan AIDS 
commission listed three recommendations regarding education on AIDS in 
the school system. One of them required States' boards of education 
should mandate that an HIV education curriculum be developed that is 
student AIDS sensitive; a recommendation was that local school boards 
should do the same thing, and the third recommendation was that school 
boards and parents should develop a means to incorporate values 
emphasizing personal responsibility. How would those recommendations of 
the Reagan AIDS commission be affected by the gentleman's amendment?
  Mr. HANCOCK. Were those recommendations made to promote--to encourage 
and support homosexuality as an alternative lifestyle? I do not think 
so.

  Mr. GUNDERSON. Well, does it have the effect of--
  Mr. HANCOCK. No, in fact I think it is just the other way around. I 
think that AIDS education, properly presented for what it is, but not 
the type of literature that is being used in our public schools now, 
this document here--
  Mr. GUNDERSON. OK. It is my time, and I am running out of time, and 
the gentleman is getting off the subject. Answer a question: Would you 
agree to a unanimous consent request to delete the words ``or has the 
effect of''?
  Mr. HANCOCK. No.
  Mr. GUNDERSON. Why not?
  Mr. HANCOCK. Because there again it is part of the Unsoeld--
  Mr. GUNDERSON. This has got nothing to do with the Unsoeld amendment. 
I am talking about the gentleman's amendment.
  Mr. HANCOCK. The Unsoeld amendment does do the same thing the 
gentleman is asking me to do, and, no, I would agree because that opens 
up the door for them to say, ``Well, we didn't intend for this to be 
this way. We didn't intend.'' It opens up the door for them to get 
around it by misrepresentation--
  Mr. GUNDERSON. All right; I reclaim my time because I think my 
colleagues see the problem. No matter how good the intentions might be 
verbally, the problem is, if we adopt the Hancock amendment by itself, 
it has the effect of prohibiting school counseling and guidance, it has 
the effect of prohibiting AIDS education.
  Now I put myself second to none in, quote unquote, advocating 
Christian values around here, and I am aware of the flyer that is here. 
But I am going to plead with all my colleagues on this amendment to 
have the courage of their convictions and to recognize that as of 
January of this year 63,000 young people between the ages of 20 to 29, 
and most medical people say that means every one of those 63,000 was 
infected with AIDS while they were teenagers, and I ask my colleagues 
simply: How many kids do we have to kill before we have the courage to 
stand up and say it's time to educate them and to do what is right, not 
what is politically popular at that moment?
  Mr. FORD of Michigan. Mr. Chairman, I move to strike the requisite 
number of words.
  Mr. Chairman, I want to thank the gentleman from Wisconsin [Mr. 
Gunderson] for his words. He is stepping right up to the plate on this 
issue. But there is something more important at stake here.
  We are not entertaining the country by one series of amendments after 
another that do not rise to the intellectual level of scatological 
jokes exchanged by naughty little boys in the boys' room in a grade 
school, and that is what this debate, and the debate that we have been 
having on a lot of these other issues, has become.
  I say to my colleagues, Now you want to talk about homosexuality; you 
don't have guts enough to talk straight. Now I'm telling you to your 
face to quit dancing around with it and say what it is that you don't 
want to have happen. Your amendment is so poorly written that the case 
in New York that you're complaining about isn't covered by the 
amendment.
  Mr. Chairman, the March 23 New York Times has a description of what 
happened in that case. The Hancock amendment does not do anything.
  I will tell my colleague something else: Maybe we are lucky that you 
don't know any more about education legislation than you do. There is 
no enforcement in your legislation. On the other hand, the gentlelady's 
amendment to your amendment, which I don't like, does make an 
enforceable prohibition. There is a way to enforce it.
  My colleagues, go ahead and pass this, and I say, If you think that 
scatological jokes in a boys' room raise the intellectual level of a 
grade school any place in this country, or lower it, then you vote for 
the Hancock amendment because it will have just as much impact on the 
intellectual content of education in this country, and if you don't 
like what they are doing in New York in their schools, why don't you 
move to New York and run for the school board?
  Mr. DORNAN. Mr. Chairman, I move to strike the requisite number of 
words.
  Mr. Chairman, I was going to yield to the gentleman from Florida [Mr. 
Stearns] because he was ahead of me, but please hang on, Cliff, and 
allow me to say this:
  My wife just called, mother of five, grandmother of nine, and she 
suggested I read some of the stuff from the pamphlets that they are 
distributing to young children in elementary schools.
  I said, ``I'm already going to have a meeting with the 
Parliamentarian about something else. I can't read that filthy, 
pornographic material on national television. I can't do that, Sally. 
We have got a decorum in this Chamber, and it may be the last sane 
place in this Nation 20 or 30 years from now when our moral standards 
have culturally melted down to the standards of Sodom and Gomorrah.''
  I say to my colleagues, ``Look, I was born in Manhattan, and I was 
raised in Beverly Hills from 10 to 19, when I went in the Air Force, 
and those two communities have a particular penchant for poisoning 
little Dorothy's in Kansas, or Iowa, or other parts of this country.''
  Now the last Republican----
  Mr. NADLER. Mr. Chairman, I have a point of personal privilege.
  Mr. Chairman, I ask the gentleman to withdraw his comment about the 
State of New York or Manhattan, his comment about my district poisoning 
the rest of the country.
  Mr. DORNAN. Ridiculous. Teach him parliamentary procedure.
  The CHAIRMAN. The gentleman cannot rise to a question of personal 
privilege at this point.

                              {time}  1630

  Mr. DORNAN. Now, the last gentleman----
  Mr. GOODLING. Mr. Chairman, I think this conversation is out of order 
and has no place here.
  Mr. FORD of Michigan. Mr. Chairman, take down the gentleman's words.
  The CHAIRMAN. The gentleman from Michigan demands the words to be 
taken down.
  Mr. DORNAN. Take them down. I will wait.
  The CHAIRMAN. The Clerk will report the gentleman's words.

                              {time}  1640

  Mr. DORNAN. Mr. Chairman, I ask unanimous consent to withdraw my 
words.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
California?
  There was no objection.
  Mr. DORNAN. Mr. Chairman, do I not control the time now?
  Mr. FORD of Michigan. Mr. Chairman, I am sorry. I think the words 
should be taken down, and he should be silenced in this Chamber.
  Mr. DORNAN. Mr. Chairman, the parliamentary ruling already occurred.
  The CHAIRMAN. The Committee has already agreed by unanimous consent 
to allow the gentleman to withdraw his words.
  Mr. FORD of Michigan. Mr. Chairman, I am standing on my feet trying 
to deal with the Members around me. I object to the unanimous-consent 
request and insist that the gentleman's words be read and he be 
silenced for the rest of this debate.
  Mr. DORNAN. Mr. Chairman, it is my time.
  The CHAIRMAN. The gentleman's objection is untimely.
  The gentleman from California [Mr. Dornan] may proceed in order.
  Mr. DORNAN. Mr. Chairman, when I look at this material on the desk, 
as a grandfather and as a father who is very lucky to have five 
children, it puts me in a fighting mood. This is material promoting and 
encouraging what a majority of people in this country consider grievous 
sin. There is a Federal role when our society is degenerating, when our 
culture is literally melting down, when we live in a country where the 
whole world points at us and refers to our child pornography, our 
drive-by shootings, our gangs and carjackings, where people are pulled 
out of cars by teenagers and beaten sometimes to death.
  Our culture is melting down. This is one of the root causes, trying 
to sell sodomy as a healthy lifestyle.
  Not, I notice that the distinguished, wonderful gentlewoman from the 
great State of Washington said that the gentleman from Missouri [Mr. 
Hancock] was obsessed with this issue. The word ``homophobe'' never 
appeared in that dictionary until a new edition was put in here 2 years 
ago. In my first 15 years around here, there was no such word. Why is 
it that people are insulted when we stand up here in disgust of the 
moral degeneration of our country and want to defend traditional family 
values? I am tired of this. I am tired of this kind of a debate where I 
pick up a book not fit for the eyes of adults with its obscene language 
and X-rated pictures and a cover designed for children.

  I notice that the gentleman from Massachusetts [Mr. Frank] is here. 
Here they are claiming, as homosexual people in history, Alexander the 
Great, Susan B. Anthony, where it says she probably had a sexual 
relationship with her lifelong friend Anna Dickinson, St. Augustin, for 
Lord's sake. It goes on, Lord Byron, Julius Caesar, Frederick the 
Great, that follows one of the Members of this House. Anne Frank, the 
little 13-year-old girl in that attic in Holland, what an obscenity. It 
goes on and on. Of course, Langston Hughes, John Maynard Keynes. Then 
they throw in some people out of themselves, Leonardo da Vinci, 
Michelangelo, grab anybody, Eleanor Roosevelt, Richard the Lionhearted. 
This is destructive to the educational system of our wonderful country. 
I hope this vote is rated. I will go on national radio and speak about 
why this vote is important and should be rated.
  I think that one of the gentleman over there, the chairman, was 
hurling insults at my friend from Missouri right and left, suggesting 
he was ignorant on his amendment and did not know what he was doing. 
That it was lousy written legislation.
  I was tempted to take down his words. I am glad I did not.
  As far as my words are taken down, I will take that up with the 
gentleman that I referred to earlier, because he has criticized me in 
his press.
  Mr. KILDEE. Mr. Chairman, I ask unanimous consent that debate on the 
Hancock amendment and the amendments pending thereto end in 10 minutes. 
That would give both sides a way to conclude their arguments.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Michigan?
  Mr. STEARNS. Mr. Chairman, I object.
  The CHAIRMAN. Objection is heard.
  Mr. NADLER. Mr. Chairman, I move to strike the requisite number of 
words.
  I rise in opposition to the amendment offered by the gentleman from 
Missouri. When I was in high school, I was a member of the debating 
team. The national debate topic one year was whether the Federal 
Government should provide aid to education. The chief conservative 
argument in all the debates against Federal aid to education was that 
along with Federal aid would come Federal control.
  The liberal reply was that one did not follow the other. The Federal 
Government could restrain itself. The Congress could restrain itself 
from attempting to control, from attempting to dictate to local school 
districts.
  Now look at this amendment. It would mandate a cutoff of all Federal 
funds to any school district that uses certain instructional materials 
of which some Members in this Chamber disapprove. Why should we attempt 
to seize control of classrooms, across the Nation? Why should we 
dictate the preferences of the gentleman from Missouri [Mr. Hancock] to 
the local school districts, which are a lot closer to local citizens 
that we are?
  Do we not believe in local control of education, or are we in favor 
of local control only when local school officials agree with us and 
with our prejudices? What a policy. What an amendment.
  The purpose of this amendment allegedly is to discourage 
proselytization of homosexuality.
  The effect of this amendment is much different. It would leave our 
teachers bound and gagged, afraid to speak of anything which might 
cause offense to the most bigoted and ignorant in the local community. 
This amendment turns our most fundamental values on their head.
  In considering this amendment, we are faced with a number of choices. 
Do we want to encourage the kind of behavior we saw in this House a few 
minutes ago? Are we going to teach children tolerance, or are we going 
to teach them to be intolerant toward those who may be different from 
us? Are we going to teach our children that open debate and 
understanding are worthy values in a free society, or are we going to 
teach them censorship and ignorance? Because if we vote for the Hancock 
amendment, we choose for our children censorship, ignorance, and 
intolerance. This amendment would impose a Federal mandate on every 
teacher in America to the effect that if the mere existence of gay men 
and lesbian women is mentioned at all, it must be in a negative light.
  Why should we impose a curriculum of hate on every classroom in every 
community on this Nation? Who would judge just what curriculum 
materials have the effect of encouraging homosexuality and by what 
standards would they judge? How could local school districts know that 
would violate this amendment and bring down upon them the draconian 
penalty of a cutoff of all Federal funds?
  And what about the AIDS education, education about safe sex? Are we 
to prohibit it?
  The fact is there are gay boys and lesbian girls in our schools. That 
is a fact. Nothing that we say in this Chamber will alter that fact. 
The question is how to relate to it. How to relate to the fact that 
these boys and girls are at a greater risk of AIDS than most others in 
our society. How to prevent them from contracting AIDS. How to teach 
the facts about AIDS in a socially acceptable context.
  These are questions that local school officials must wrestle with and 
that we are telling them, ``Don't deal with, be careful with how you 
deal with it, because we will cut off all your aid to education.''
  It is misinformation, lack of understanding and intolerance that 
leads to this amendment. This amendment would mandate either that no 
mention ever be made in school of the existence of gay men and lesbians 
except in the language of fear, ignorance, and hate.
  Let us not decide today that this is what we want to teach our 
children. Let us reject, let us reject this terrible amendment.
  Mr. STEARNS. Mr. Chairman, I move to strike the requisite number of 
words.
  I yield to the gentleman from Missouri [Mr. Hancock].
  Mr. HANCOCK. Mr. Chairman, I would just like to say that if everybody 
in the United States, every parent, every person in the United States 
could see this literature, I think he would find that 98 percent of the 
people would come into the category that the gentleman mentioned of 
being bigoted and ignorant.
  Frankly, I resent a little bit, the gentleman complained about his 
State of New York, I resent a little bit the gentleman calling the 
people in my district bigoted and ignorant, because they do not want 
this in their schools.
  Mr. STEARNS. Mr. Chairman, I would just like to tone down the debate 
here and see that we talk about some of the facts. As any piece of 
legislation, everybody reads it differently.
  I am sure the gentlewoman from Washington [Mrs. Unsoeld] has promoted 
an amendment here that she believes honestly clarifies, I think might 
be the word, the Hancock amendment. But let me read what she is saying 
in her amendment.
  She is adding this to the Hancock amendment. ``No local educational 
agency shall use funds under this Act to distribute or to aid in the 
distribution by any organization of obscene material to minors on 
school grounds.''
  I have here a book. It is called ``Daddy's Roommate.'' This is not 
obscene literature.
  Let me ask the gentlewoman from Washington [Mrs. Unsoeld], ``Heather 
has two mommies.'' One teenager in 10, and I would be glad to yield to 
the gentlewoman from Washington [Mrs. Unsoeld], if this is considered 
literature that would be allowed under her amendment to be distributed?

                              {time}  1650

  Mrs. UNSOELD. Will the gentleman yield?
  Mr. STEARNS. I yield to the gentlewoman from Washington.
  Mrs. UNSOELD. Mr. Chairman, that is a local school and locally 
elected school board's decision, not the Federal Government's.
  Mr. STEARNS. I understand what the gentlewoman is saying, but I think 
that is the crux of this whole debate, what the gentleman from Missouri 
[Mr. Hancock] is saying.
  Mrs. UNSOELD. Keeping Big Brother out of the high schools.
  Mr. STEARNS. Mr. Chairman, we have used that argument, and I have 
heard it so many times. I understand why the gentlewoman is using it on 
her side.
  This is the crux of the question, shall we allow the distribution of 
this material in our schools or not? The gentleman from Missouri [Mr. 
Hancock] believes that we should not, and obviously, the literature 
that he has cited over here, which is obscene, I think the gentlewoman 
would agree, the other literature he mentioned which is on the table, 
that many of us can hardly open, is obscene.
  Under the gentlewoman's amendment, as I understand it, she is saying 
that literature could not be distributed?
  Mrs. UNSOELD. If the gentleman will continue to yield, under the 
amendment of the gentleman from Missouri [Mr. Hancock] that literature 
would not be prohibited.
  Mr. STEARNS. The gentlewoman is saying that literature could be 
circulated?
  Mrs. UNSOELD. I am saying, Mr. Chairman, that the way his amendment 
is worded, it did not apply to that literature and its distribution.
  Mr. STEARNS. In conclusion, let me just say I think we have a 
fundamental difference between what the gentlewoman is trying to do and 
what the gentleman from Missouri [Mr. Hancock] is trying to do.
  Mr. Chairman, I rise in support of the Hancock amendment to prevent 
parents from being forced to subsidize the teaching of values that run 
directly counter to those they strive to teach their children, and 
against the Unsoeld amendment, which would attempt to distort the 
intentions of what the gentleman from Missouri [Mr. Hancock] is trying 
to do.
  He is simply trying to say, ``Let us not subsidize the distribution 
of material,'' not only like what I have in my hand, but obviously some 
of the material over there which is really destructive.
  Mr. DORNAN. Mr. Chairman, will the gentleman yield?
  Mr. STEARNS. I yield to the gentleman from California.
  Mr. DORNAN. Mr. Chairman, I just want to correct this. One of the 
gentleman on our side mentioned the HHS study. That was thrown out by 
Dr. Louis Sullivan, the Secretary of HHS, as being wrongheaded and 
bigoted, particularly bigoted against the Catholic Church, which the 
report accused of causing teenage suicide, in fact.
  Mr. GUNDERSON. Mr. Chairman, will the gentleman yield?
  Mr. STEARNS. I do not have much time. As I get near the end, I would 
be glad to yield to the gentleman from Wisconsin.
  Mr. GUNDERSON. Mr. Chairman, I would like to clear up the charge that 
was just made.
  Mr. STEARNS. The gentleman from Wisconsin [Mr. Gunderson] knows how 
much I respect him, and I am glad to yield to the gentleman.
  Mr. GUNDERSON. Mr. Chairman, I appreciate the gentleman yielding.
  Mr. Chairman, I just want to point out that just because the whole 
study was rejected does not mean a particular statistic in that study 
was rejected.
  Mr. STEARNS. I appreciate the gentleman's comment.
  In my way of thinking. Mr. Chairman, particularly across the United 
States, what we see here in these books and what the gentleman from 
Missouri [Mr. Hancock] has mentioned, the number of schools 
distributing this, it is used in the public schools to promote an 
agenda which is contrary to what many Americans believe. I could quote 
at length examples of homosexual groups who want to provide details of 
the gay lifestyle to our schools, but instead, I just want to 
concentrate on saying that our children need to be learning reading, 
writing, and arithmetic, studying foreign languages, world cultures and 
the sciences, and our children need to learn history, geography, and 
economics.
  How can we even be thinking about wasting their valuable time on 
teaching and distributing materials like this? It simply has no place 
in our schools. We have just been through a lengthy debate over how 
much we should protect the very limited right to constitutionally 
protected prayer.
  The CHAIRMAN. The time of the gentleman from Florida [Mr. Stearne] 
has expired.
  (By unanimous consent, the gentleman from Florida, Mr. Stearns, was 
given permission to proceed for 1 additional minute.)
  Mr. STEARNS. Mr. Chairman, we know, however, that promoting values 
that are shared by mainstream Americans, such as the Ten Commandments 
or the Golden Rule, cannot even be done in our public schools, yet we 
are distributing material like this.
  At the local level, some are making every effort to force the 
homosexual agenda into the normal school curriculum, it seems clear to 
me, particularly in light of the constitutional prayer amendment that 
we talked about earlier.
  Therefore, I ask my colleagues to support real education on real 
academic subjects, and urge my colleagues to vote yes on the Hancock 
amendment, and no on the Unsoeld substitute.
  Mr. FRANK of Massachusetts. Mr. Chairman, I move to strike the 
requisite number of words.
  Mr. Chairman, I want to join the Republican mayors of Los Angeles and 
New York, Mr. Reardon and Mr. Giuliani, in opposing this amendment. The 
Hancock amendment would cut off all Federal aid to the schools of New 
York, presided over by Rudy Giuliani, whose office authorized the 
statement of his opposition. It would cut off all aid to the schools of 
Los Angeles. Do the Members know why? Because those schools have tried, 
and two Republican mayors of those cities have continued to try, to 
respond to some of the unhappiest children in America.
  I am struck by this debate about promoting homosexuality. I have to 
tell the Members, and I think I have had as much experience about it as 
almost anybody in here, if you paid me to promote homosexuality, I do 
not know what I would do. How do you promote homosexuality? What do 
people think it is, a rock concert? A prize fight? How do you promote 
homosexuality? What shallowness of understanding of basic human nature 
leads Members to talk about promoting homosexuality, encouraging 
homosexuality? What do they think it is, a taste for food?
  In fact, people in New York and in Los Angeles and in other schools 
who understand human nature and understand human sexuality know that 
there are 15- and 16- and 17- and 18-year-old children who are tortured 
by feelings they cannot control in a society that condemns them. They 
have reached out to those children. They have established schools that 
say to those kids, ``You are not worthless,'' that would not subject 
those children to the kind of treatment that one of the Members sought 
to subject another Member to on the floor. That is the kind of 
insensitivity and bullying that exists. We know that.
  Yes, I suppose if we have a 16- or a 17-year-old whose feelings are 
homosexual and cannot turn them off, like a water faucet, despite the 
shallowness of the understanding that some people in here have of human 
nature, if we take that kid who has been abused and who has been picked 
on and put him in a more supportive environment, then we lose our 
money. How do we dare support that kid? How dare we tall her she is not 
worthless? How dare we try to say that the person should not be 
discouraged from going on with their life? That is what we are talking 
about.
  The literature that is being given out, and some Members here have 
more interest in it than I do, that literature, if it is the literature 
talked about in New York by the Gay Men's Health Crisis, was rejected 
by the chancellor. That is why it is irrelevant to the gentleman's 
amendment. The chancellor of the schools in New York, Mr. Cortines, 
said that literature is no good. That was not in there by the schools. 
The schools repudiated it.
  What they do have in New York, in Los Angeles, under Republican 
mayors, in San Francisco, is an effort to reach out. Let me say to the 
Members, I think most Members understand that this kind of attempted 
imposition on people who are trying to help young people is not good 
public policy.
  People worry about the politics. We all understand politics. Nobody 
parachuted in here totally pure. However, may I please entreat my 
colleagues, do not torture children. No vote is worth that. No vote is 
worth adding to the pain of these teenagers. Please vote against the 
Hancock amendment.
  Mr. DUNCAN. Mr. Chairman, I move to strike the requisite number of 
words.
  Mr. Chairman, I rise in strong support of the amendment offered by 
the gentleman from Missouri [Mr. Hancock]. I know it is late in the 
afternoon, and I will not take my full time, but I do want to say this, 
that the gentleman from Missouri [Mr. Hancock] is one of the finest, 
and I might add, one of the kindest Members of this body, and I salute 
him for the work that he has done in this regard.
  Mr. Chairman, the people of this Nation want our schools to emphasize 
the basics, and to do a better job in teaching core academic subjects, 
the point that was made so eloquently by my friend, the gentleman from 
Florida [Mr. Stearns] just a few moments ago. They do not want our 
schools to go to some of the extremes and tangents we have seen in some 
of the materials which schools have distributed and which they would be 
prohibited from distributing under the Hancock amendment.
  Mr. Chairman, I might just read a quote that was written last year in 
Newsweek magazine by Joy Overbeck, a very liberal playwright and 
columnist, and she was writing about another topic, but it really 
relates to what we are talking about here today.
  Writing of her sadness at the revealing clothes her 10-year-old 
daughter felt peer pressure to wear, Ms. Overbeck said this:

       It's not really that I want her to be a little girl 
     forever. It's just that it would be nice if she were a child 
     during her childhood. Instead, she has been bathed in the 
     fantasy of bodies and beauty that marinates our entire 
     culture. The result is an insidious form of premature sexual 
     awakening that is stealing our kids' youth.

  Mr. Chairman, that is why so many parents in New York City rebelled 
when the schools up there started to distribute the books ``Heather Has 
Two Mommies'' and ``Daddy's Roommate.'' This is what we are talking 
about, education of small children.
  There is tremendous competition for Government dollars today. We are 
having trouble coming up with enough money even for programs about 
which there is great consensus. The overwhelming majority of the 
American people do not want tax dollars spent to encourage or support 
homosexuality. Even my friend, the gentleman from Wisconsin [Mr. 
Gunderson] agreed that he did not want that, either. Nothing in the 
amendment of the gentleman from Missouri [Mr. Hancock] prohibits anyone 
from being a homosexual or having any type of homosexual activity. It 
simply gives our schools some very needed direction.
  To hear some of the most liberal Members of this body say that they 
are just trying to keep Big Brother out of our schools has the most 
hollow ring to it of anything I have ever heard said. I might say, in 
response to what the last speaker said, you promote homosexuality by 
handing out pamphlets and books telling impressionable young people 
that homosexuality is a positive and healthy lifestyle. That is the 
very thing that would be prohibited by this amendment. I urge its 
support.
  Mr. MILLER of California. Mr. Chairman, I move to strike the 
requisite number of words.
  Mr. FRANK of Massachusetts. Mr. Chairman, will the gentleman yield?
  Mr. MILLER of California. I yield to the gentleman from 
Massachusetts.
  Mr. FRANK of Massachusetts. Mr. Chairman, if the gentleman from 
Tennessee [Mr. Duncan] thinks that teenagers decide on their sexual 
activity and their basic sexual urges from reading pamphlets, he is a 
poor guide, indeed, to public policy dealing with young people.

                              {time}  1700

  Mr. MILLER of California. Mr. Chairman, in the 20 years I have been 
in the House, somehow we have visited afternoon like this from time to 
time when the House has the incredible ability to be so narrow-minded 
and so shallow in its thinking, and to be so mean in its spirit. This 
amendment is not about those materials that fascinate the gentleman at 
the other table. This amendment is not about whatever the title of the 
book is, ``Heather's Other Mommy,'' or somebody's roommate. This is not 
what this is about.
  This is about using those materials as a pretext to punish and to 
ostracize a class of people in this country, and to deny them the 
ability to make the same decisions that we want all of our children and 
each one of us to make about our futures, about our lives, about our 
sexuality, about our identity, about our crises.
  For 10 years this House was nice enough to make me the chairman of 
the Committee on Children, Youth, and Families. For a long time it was 
only going to be the Committee on Children and Families, because people 
here did not want it to carry the title ``youth,'' because youth scare 
the living hell out of us, adolescence scares us. Fortunately, at that 
time, the Catholic Church came forward and said they could not support 
the creation of this committee if it did not include young people, 
because young people are some of the most troubled and some of the most 
vulnerable and some of the most at-risk people in our society. They 
take special care, special nurturing, and we need to pay attention to 
them.
  In those 10 years and today after the end of that committee, I have 
continued to spend an inordinate amount of time with young people in 
the public schools and other schools of my district, talking to them 
about themselves, and about our society, and about their chances to 
confront it, and their fears, and their hopes and their aspirations. 
And I think that all of us try to do that with our own children. And we 
certainly all know our neighbors, our friends, the chairmen of our 
finance committees, our donors, the people we come across in our daily 
lives tell us a whole series of stories about their children. They tell 
us about their children that are happy and wonderful, they tell us 
about their children who are sad, the children that cannot make it in 
college that are thinking about dropping out of school. They tell us 
about all of those children. They tell us about their children who are 
gay or lesbian, and we tell them we understand.
  But somehow on the floor of this Congress, we do not permit ourselves 
to say to this Nation we understand. Instead, what we do is to seek to 
strike out in the meanest possible way when these young people are the 
most vulnerable, to deny them the information, the counseling that may 
be necessary. The gentleman from Wisconsin [Mr. Gunderson] had it about 
right. If the counselor said to the young person who was thinking of 
suicide, and tragically we know there are some young people who are gay 
who have not only thought about suicide, but in fact have committed 
suicide, if the young person said to the counselor, ``What should I 
do,'' and if the counselor suggested go on living, that would have the 
effect of promoting homosexuality under the Hancock amendment.
  Are we really going to deny counselors, teachers, and others who 
encounter our children, and these are our children, our collective 
children, are we going to deny them the tools to say, ``Choose life. 
Let us get you some additional counseling, some understanding, and let 
us put you together with professionals so that you can see the 
possibilities and the excitement of life over your despair at this 
moment, for whatever reason''? That cannot be the policy of the U.S. 
Congress, and it clearly cannot be the policy of this country.
  I know it is new information to the gentleman from California [Mr. 
Dornan] that before they put ``homophobe'' in the dictionary, there 
were some, and before they were listed in the book, and before the 
printing press, there were homosexuals and lesbians, before the 
printing press, before the telegraph, before the media, before the 20th 
century, before the 1960's there were homosexuals and lesbians. And we 
should not, we should not as a society seek to punish those individuals 
because they are in fact different from us. We must understand.
  The CHAIRMAN. The time of the gentleman from California [Mr. Miller] 
has expired.
  (By unanimous consent, Mr. Miller of California was allowed to 
proceed for 3 additional minutes.)
  Mr. MILLER of California. Every study of this problem that we have 
looked at in America says adolescents are the most vulnerable, they are 
the most at risk. As was pointed out by the gentleman from 
Massachusetts [Mr. Frank], school districts did not endorse these 
materials. Richard Riordan is a wonderful superintendent of schools and 
asked that they be taken out, that the policy not allow them. This is 
not about those materials. It is about whether or not you can strike 
out at homosexuals, whether or not you can mug them, and batter them, 
and beat them on the floor of this Congress, because you cannot do it 
in the street, because it is illegal. That is what this is about, and 
the youngest and most vulnerable of those.
  I would just hope that we would not accept this amendment. This 
amendment is in fact poorly drafted.
  I am one who believes in mandates from the Federal Government to 
local school districts. But we in fact ought to do it when it is right, 
and we certainly ought to do it where it does not create this kind of 
harm. And I would hope that we would reject this amendment, if 
necessary accept the Unsoeld amendment, but clearly these are decisions 
for our constituents as families, as parents, as members of the school 
board, and as members of our community.
  Mr. DORNAN. Mr. Chairman, my distinguished colleague from California 
has said on his side that he is protecting children, indicating we are 
not, and said we are denying them tools. Is this what the gentleman 
calls tools? We believe we are protecting children on this side. These 
are not tools.
  Mr. MILLER of California. I would say to the gentleman I do not know 
if those are or are not, because I have not looked through all of that 
material. Let me just say again I have held up a whole range of 
materials, some which apparently people believe are obscene, some which 
people object to and all of that. The point is in fact that that is not 
official policy, and if it is, that is a matter I think really in terms 
of local school districts, that is a matter for parents whose children 
are going to those schools.
  Mr. DORNAN. There is a common denominator. They all glorify and 
promote sodomy, fisting, anal sex, and homosexual conduct. And the 
gentleman says he is protecting the children.
  Mr. MILLER of California. Mr. Chairman, I do not know that they do 
that.
  Mr. DORNAN. Here it is. Look at it. The gentleman said he had never 
looked at it, and those who defend every level of pornography never 
look at the material.
  Mr. MILLER of California. I am taking back my time, Mr. Chairman. 
This was not about that. The gentleman did not listen. This was not 
about defending materials. This was about stopping, stopping the kind 
of outrageous behavior that would be allowed under this amendment, and 
preventing school districts from carrying out their functions to try 
and help teachers and to take care of our young people. And I would 
hope that we would reject this amendment.
  Mr. GOODLING. Mr. Chairman, I ask unanimous consent that all debate 
on this amendment be ended after 3 minutes by the gentlewoman from 
Maryland [Mrs. Morella] and 2 minutes by the author of the amendment, 
the gentleman from Missouri [Mr. Hancock], and then after that I would 
ask that there be one-half hour on all future amendments and amendments 
thereto, and 1 hour on the substitute and all amendments thereto, if it 
is offered.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Pennsylvania?
  Mr. INSLEE. Mr. Chairman, reserving the right to object, following 
the conclusion of the Unsoeld amendment, there may be consideration of 
another proposed amendment to the Hancock amendment. We would like to 
reserve the ability to debate that matter.
  Mr. GOODLING. Mr. Chairman, I would like to amend that request to 
indicate the gentleman from California [Mr. Becerra] would also have 3 
minutes on this discussion before we end it, and that if the Unsoeld 
amendment would happen to be defeated, there would be a period of 5 
minutes where they would have time to offer an amendment to the Hancock 
amendment.
  Mr. KILDEE. Mr. Chairman, if the gentleman will yield, I think this 
is a reasonable compromise, and the gentleman from Washington [Mr. 
Inslee] agrees with that unanimous consent request.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Pennsylvania?
  There was no objection.
  The CHAIRMAN. The Chair will announce, according to the Chair's 
understanding of this agreement, there will be 10 minutes of future 
debate on the Unsoeld amendment to the Hancock amendment. The time will 
be equally divided between the gentleman from Missouri [Mr. Hancock], 5 
minutes, and the gentlewoman from Washington [Mrs. Unsoeld], 5 minutes, 
and then that 3 of those minutes are reserved, 3 additional minutes 
reserved for the gentleman from California [Mr. Becerra], is that 
correct?
  Mr. GOODLING. That is correct, Mr. Chairman, on this amendment.
  The CHAIRMAN. On this amendment those are the ground rules.
  Mr. GOODLING. Three minutes to the gentlewoman from Maryland [Mrs. 
Morella], 3 minutes for the gentleman from California [Mr. Becerra], 
and 2 minutes for the gentleman from Missouri [Mr. Hancock], to close 
the debate on this particular issue.
  The CHAIRMAN. The gentlewoman from Maryland [Mrs. Morella] is 
recognized for 3 minutes.
  Mrs. MORELLA. Mr. Chairman, I wanted to rise to reiterate my support 
for the Unsoeld substitute amendment to the Hancock amendment. I have 
listened to this debate. I would like to point out that, as this body 
knows, I am a former educator. My husband and I have raised nine 
children. We have 10 grandchildren. And I am against the Hancock 
amendment because I do not think the Federal Government should 
interfere with the decisions that are made on a local level.
  Students in different parts of the Nation have different needs. 
Educational issues should be addressed by the local level, by the 
people that we elect or we appoint. So says my school board in 
Montgomery County, MD, one of the best educational systems in the 
country. So says a whole group of organizations, such as the Child 
Welfare League of America, the National Association of Elementary 
School Principals, the National Network of Runaway and Youth Services, 
the National Council of Jewish Women, the American Association of 
School Administrators, the United States Conference of Mayors, and the 
American Public Health Association. They all believe, as I do, that 
local school boards should preserve the right to develop programs that 
conform to local community standards.
  I would also point out, as has been mentioned, among the Conference 
of Mayors are two Republican mayors of very large cities. Rudolf 
Guiliani of New York City, and Richard Riordan of Los Angeles were 
mentioned. But I want to point out they said:

       The Hancock amendment would set an extremely dangerous 
     precedent for Federal mandating and policing of local 
     programs.

  I also have concerns about the fact that there are administrative 
burdens that would be imposed upon the school systems that are there to 
educate in the basics. The Department of Education would have to issue 
regulations regarding the content of what should or should not be 
taught in the classroom, and all of our local school districts would 
have to examine their curricula and instructional materials to make 
sure that they do comply with these regulations set forth by the 
Department of Education.
  So, Mr. Chairman, I urge my colleagues to vote in favor of local 
school systems making the decisions about local school matters for all 
children.

                              {time}  1710

  The CHAIRMAN. According to the prior agreement, the gentleman from 
California [Mr. Becerra] is recognized for 3 minutes.
  Mr. BECERRA. Mr. Chairman, I have been here before, and what I am 
about to say I have said before, but I have said it about a different 
segment of the population. Normally when I take to this mike, it is to 
talk about immigrants, but if you were to just replace the word 
''immigrants'' with the words of ``young people'' who are desperate for 
counseling and guidance and some attention, whether they are gay, 
lesbian, or not, then you have heard what I am going to say before.
  This amendment, is portrayed as one thing, but if it were to pass, I 
guarantee it would do another.
  Members, please, read the language of this amendment. See if you can 
define its separate provisions. See if you can come up with some 
definitions for what it says. See how it will rob our communities of 
their local control to decide for themselves how they will manage their 
local school affairs.
  Notice the chilling effect it will have on schools and school 
districts that want to provide guidance and counseling. Watch how it 
will handcuff our schools that receive Federal funds that will be at 
risk, who will be afraid to receive Federal funds if this amendment 
passes.
  And to Members of this body who represent large numbers of 
minorities, please, read this amendment closely, because it will be the 
Latino, the Asian American, the black American, the African-American 
communities that will suffer most from this amendment.
  I urge those Members to look very closely at this language in this 
amendment.
  I have been here before, and I have said this before. It pains me to 
have to say it over and over and over, but this amendment is not what 
it says it is. It is something much worse, whether it is intended as 
something bad or not, it makes no difference, because we are about to 
set policy by passing this amendment, should it pass, that we will 
regret.
  I hope the Members will take the time to read the one or two simple 
paragraphs in this amendment and understand that this Hancock amendment 
should not pass whether or not it is well-intentioned.
  Mr. CHAIRMAN. The gentleman from Missouri [Mr. Hancock] has 2 minutes 
remaining and is recognized.
  Mr. HANCOCK. Mr. Chairman, frankly, ladies and gentlemen, Members of 
the House, I had no idea when I came to the U.S. Congress 5 years ago 
that I would ever be called upon to discuss the subject, frankly, that 
we are discussing today except from the standpoint in private 
counseling with people that are concerned about it.
  But when I see things like this, frankly, this is the first amendment 
I have ever offered on the House floor in the 5 years that I have been 
in the U.S. Congress. I am not comfortable. I have helped a lot of 
people do things. This made me so uncomfortable that I had to offer 
this amendment on the House floor, because I am a grandfather, I am a 
father.
  Frankly, this type of stuff has no place in public education except 
from the standpoint of counseling people that do have a problem, and 
this amendment is not designed to keep that from happening. It has 
absolutely nothing to do with it.
  But it does; it would prohibit from advocating this lifestyle as an 
acceptable alternative. I do not think of that as bigoted. I know 
people that are homosexual, and I have no problem with that as long as 
they do not advocate it, as long as they do not advocate it or promote 
it.
  I am fully aware of what this amendment will do. It will return 
control, and it will tell people, ``Look, look what the schools are 
doing.''
  Let us get involved in the education of our children. Let us go to 
the school board meetings. Let us see what is happening in our schools. 
And I think this forum is going to bring that out.
  I would also say this: I certainly hope, in closing, I certainly hope 
that all of the rhetoric I have heard today about removing local 
control, that Government cannot control locally, all of the people, the 
liberals that have been doing it for the past 4 years, I hope they will 
read their comments later when it comes to some of the other votes that 
we are going to be doing throughout this session of Congress.
  The CHAIRMAN. The gentleman from California [Mr. Hunter] is 
recognized for such time as he may consume.
  (Mr. HUNTER asked and was given permission to revise and extend his 
remarks.)
  Mr. HUNTER. Mr. Chairman, I rise in strong support of the Hancock 
amendment.
  Mr. CHAIRMAN. The gentlewoman from Washington [Mrs. Unsoeld] is 
recognized for 5 minutes.
  Mrs. UNSOELD. Mr. Chairman, I wanted to assure the gentleman from 
Missouri [Mr. Hancock], the maker of the amendment, that I have no 
question about his intent, but must seriously question the effect of 
the amendment.
  Mr. Chairman, I yield 1 minute to the gentleman from Washington [Mr. 
Inslee].
  Mr. INSLEE. Mr. Chairman, I also agree that the drafter of this 
amendment, his intention is sincere, and many of us join you in your 
intent, but this amendment, if passed with this current language, is 
going to drive crazy a certain segment of our population, one of whom 
is my brother.
  Let me tell you something about my brother that you may not know. He 
is a teacher. He is a teacher----


                         parliamentary inquiry

  Mr. HANCOCK. Mr. Chairman, I have a parliamentary inquiry.
  The CHAIRMAN. The gentleman will state his parliamentary inquiry.
  Mr. HANCOCK. Mr. Chairman, do I have the right to close, or does the 
gentlewoman from Washington [Mrs. Unsoeld] have the right to close?
  The CHAIRMAN. The gentlewoman from Washington is offering the 
amendment to the amendment, and she has the right to close.
  Mr. INSLEE. Mr. Chairman, as I was saying, my brother is a teacher. 
He has a stressful, tough job. We should not add to his job the worry 
that if a child comes to him and says, ``Frank, Mr. Inslee, I may kill 
myself today because I am concerned about my sexual orientation,'' for 
this Congress to tell my brother to tell that child to go out in the 
hall and, ``Get ye from the school yard,'' is not what I want this 
Congress to do.
  I frankly do not think that is the intent of the drafter of this 
amendment. But that is what the language says.
  And I speak for my father who was a biology teacher, and if someone 
raised his hand and said, ``Mr. Inslee, is there a genetic component to 
sexual orientation,'' for him to have to worry about some bureaucrat 
disagreeing with him to lose school funding, that is wrong.
  I urge you to support the Unsoeld amendment.


                         parliamentary inquiry

  Mr. GOODLING. Mr. Chairman, I have a parliamentary inquiry.
  The CHAIRMAN. The gentleman will state his parliamentary inquiry.
  Mr. GOODLING. This is contrary to the unanimous consent that was 
requested. We are not going beyond the unanimous consent request.
  The CHAIRMAN. The gentlewoman from Washington has 5 minutes. She has 
yielded 1.
  Mr. GOODLING. No; no. That was if this was defeated and there was a 
substitute amendment.
  The CHAIRMAN. The Chair divided the 10 minutes between the gentleman 
from Missouri [Mr. Hancock] and the gentlewoman from Washington [Mrs. 
Unsoeld].
  Mr. GOODLING. But you only gave him 2 minutes.
  The CHAIRMAN. The original request allotted 3 of the 5 minutes of the 
gentleman from Missouri [Mr. Hancock] to the gentlewoman from Maryland.
  Mr. GOODLING. No. I requested 3 minutes for the gentlewoman from 
Maryland, 3 minutes for the gentleman from California and 2 minutes to 
close for the gentleman from Missouri [Mr. Hancock]. The additional 
time that we spoke about is if her amendment would happen to be 
defeated, then she would have an opportunity to offer another, and you 
were going to divide the 10 minutes at that particular time.
  But now we are going beyond, and we will never get it stopped.
  The CHAIRMAN. The Chair's understanding was that the gentleman 
requested 10 additional minutes equally divided, and then granted an 
additional 3 minutes to the gentleman from California [Mr. Becerra].
  The Chair announced at the time that the time would be equally 
divided between the gentleman from Missouri [Mr. Hancock] and the 
gentlewoman from Washington [Mrs. Unsoeld].
  Mr. GOODLING. We had a misunderstanding in communication.
  The CHAIRMAN. The Chair regrets any misunderstanding.
  Mr. GOODLING. The 10 minutes I meant was for the time that she may 
need to offer a substitute or another amendment if her amendment went 
down, and I thought that is what we discussed.
  What time is now left?
  The CHAIRMAN. The gentlewoman from Washington has 4 minutes 
remaining.
  Mr. GOODLING. And he has the other 3 of his 5?
  The CHAIRMAN. The gentleman from Missouri yielded 3 minutes to the 
gentlewoman from Maryland.
  Mrs. UNSOELD. Mr. Chairman, could I have a unanimous consent request 
that the 4 minutes be divided?
  The CHAIRMAN. The gentlewoman requests that the 4 minutes remaining 
be equally divided between the two sides.
  Is there objection to the request of the gentlewoman from Washington?
  There was no objection.
  The CHAIRMAN. The time will be divided. The gentleman from Missouri 
[Mr. Hancock] will be recognized for 2 minutes.
  The Chair recognizes the gentleman from Missouri [Mr. Hancock].
  Mr. HANCOCK. Mr. Chairman, I thought we were a little further along 
than we were, and I thought everybody would like for it to be over.
  The arguments that we are hearing, quite frankly, are misleading, and 
I am not questioning anybody's judgment or their rationale.
  As I talked to the gentleman yesterday about changing the amendment, 
he pointed out to me, he says, ``Well,'' he says, ``maybe it is because 
I am an attorney that I am reading into this thing,'' and maybe that is 
so.
  The only thing I know is I believe that our amendment is 
straightforward. It would take somebody with a legal mind to read in 
anything other than what is plainly said.
  In fact, the amendment even in the verbiage is very limited. We did 
not go into a lot of technicalities and legalese. It is very open, 
straightforward, and above board. That is exactly what we wanted to do.
  Mr. Chairman, I yield back the balance of my time.
  The CHAIRMAN. The Chair recognizes the gentlewoman from Washington 
[Mrs. Unsoeld] for 2 minutes.
  Mrs. UNSOELD. Mr. Chairman, I ask my colleagues to support my 
amendment, to correct the amendment by the gentleman from Missouri [Mr. 
Hancock], whose effect would be to prohibit the discussion of 
homosexuality even in the context of providing health care as a result 
of the passage of his amendment.

                              {time}  1720

  I ask my colleagues to consider some of the words that were spoken on 
this floor today and questions that were posed to us, Mr. Chairman. How 
many children must die before we are willing to accept the teaching of 
the local curriculum so that lives can be saved, so that the mental, 
emotional health, as well as the physical needs of those children can 
be met.
  I ask my colleagues to support us today in our attempt to reach out 
to those young people wherever they are, to support them in what they 
need to go forward in their own lives and for us to stand aside and not 
be the Federal Government dictating to the local school boards, but, 
rather, to permit those people who run for the school board on the 
local level, those people who know the issue on a day-to-day basis, who 
visit those schools, who talk to the teachers, who talk to the parents, 
who are the parents, to let them make these very important decisions. I 
ask for support of the Unsoeld amendment.
  The CHAIRMAN. All time has expired.
  The question is on the amendment offered by the gentlewoman from 
Washington [Mrs. Unsoeld] to the amendment offered by the gentleman 
from Missouri [Mr. Hancock].
  The question was taken; and the Chairman announced that the ayes 
appeared to have it.


                             recorded vote

  Mr. HANCOCK. Mr. Chairman, I demand a recorded vote.
  A recorded vote was ordered.
  The CHAIRMAN. The Chair announces that pursuant to clause 2(c) of 
rule XXIII, the Chair many reduce to not less than 5 minutes the time 
for any recorded vote that may be ordered on the Hancock amendment 
without any business or debate.
  The vote was taken by electronic device, and there were--ayes 224, 
noes 194, not voting 20, as follows:

                             [Roll No. 91]

                               AYES--224

     Abercrombie
     Ackerman
     Andrews (ME)
     Bacchus (FL)
     Barca
     Barcia
     Barrett (WI)
     Becerra
     Beilenson
     Bereuter
     Bilbray
     Bishop
     Blute
     Boehlert
     Bonior
     Borski
     Boucher
     Brooks
     Brown (CA)
     Brown (FL)
     Brown (OH)
     Bryant
     Byrne
     Cantwell
     Carr
     Clay
     Clayton
     Clyburn
     Coleman
     Collins (IL)
     Collins (MI)
     Condit
     Conyers
     Coppersmith
     Coyne
     de la Garza
     de Lugo (VI)
     DeFazio
     DeLauro
     Dellums
     Deutsch
     Dicks
     Dingell
     Dixon
     Dooley
     Durbin
     Edwards (CA)
     Engel
     English
     Eshoo
     Evans
     Faleomavaega (AS)
     Farr
     Fazio
     Fields (LA)
     Filner
     Fingerhut
     Fish
     Flake
     Foglietta
     Ford (MI)
     Frank (MA)
     Frost
     Furse
     Gejdenson
     Gephardt
     Gibbons
     Gilchrest
     Gilman
     Glickman
     Gonzalez
     Green
     Gunderson
     Gutierrez
     Hamburg
     Hamilton
     Harman
     Hastings
     Hefner
     Hilliard
     Hinchey
     Hoagland
     Hobson
     Hochbrueckner
     Hoke
     Horn
     Houghton
     Hoyer
     Huffington
     Hughes
     Inslee
     Jacobs
     Jefferson
     Johnson (CT)
     Johnson (GA)
     Johnson (SD)
     Johnson, E. B.
     Johnston
     Kanjorski
     Kaptur
     Kennedy
     Kennelly
     Kildee
     Kleczka
     Klein
     Klug
     Kolbe
     Kopetski
     Kreidler
     Kyl
     Lambert
     Lantos
     LaRocco
     Lazio
     Leach
     Lehman
     Levin
     Lewis (GA)
     Long
     Lowey
     Machtley
     Maloney
     Mann
     Manton
     Margolies-Mezvinsky
     Markey
     Martinez
     Matsui
     Mazzoli
     McCandless
     McCloskey
     McCrery
     McCurdy
     McDermott
     McHale
     McKinney
     Meehan
     Meek
     Menendez
     Mfume
     Miller (CA)
     Mineta
     Minge
     Mink
     Moakley
     Mollohan
     Moran
     Morella
     Murtha
     Nadler
     Neal (MA)
     Neal (NC)
     Oberstar
     Obey
     Olver
     Orton
     Owens
     Pallone
     Pastor
     Payne (NJ)
     Pelosi
     Penny
     Peterson (FL)
     Pomeroy
     Price (NC)
     Rangel
     Reed
     Reynolds
     Richardson
     Roemer
     Rohrabacher
     Romero-Barcelo (PR)
     Rose
     Rostenkowski
     Roybal-Allard
     Rush
     Sabo
     Sanders
     Sawyer
     Schenk
     Schroeder
     Schumer
     Scott
     Serrano
     Sharp
     Shays
     Shepherd
     Skaggs
     Slattery
     Slaughter
     Smith (IA)
     Snowe
     Stark
     Stokes
     Strickland
     Studds
     Stupak
     Swett
     Swift
     Synar
     Thomas (CA)
     Thompson
     Thornton
     Thurman
     Torkildsen
     Torres
     Towns
     Tucker
     Underwood (GU)
     Unsoeld
     Velazquez
     Vento
     Visclosky
     Washington
     Waters
     Watt
     Waxman
     Wheat
     Williams
     Wise
     Woolsey
     Wyden
     Wynn
     Yates

                               NOES--194

     Allard
     Andrews (TX)
     Applegate
     Archer
     Armey
     Bachus (AL)
     Baesler
     Baker (CA)
     Baker (LA)
     Ballenger
     Barlow
     Barrett (NE)
     Bartlett
     Barton
     Bateman
     Bevill
     Bilirakis
     Bliley
     Boehner
     Bonilla
     Brewster
     Browder
     Bunning
     Burton
     Buyer
     Callahan
     Calvert
     Camp
     Canady
     Castle
     Chapman
     Clement
     Clinger
     Coble
     Collins (GA)
     Combest
     Cooper
     Costello
     Cox
     Cramer
     Crane
     Crapo
     Cunningham
     Danner
     Darden
     Deal
     DeLay
     Diaz-Balart
     Dickey
     Doolittle
     Dornan
     Dreier
     Duncan
     Dunn
     Edwards (TX)
     Ehlers
     Emerson
     Everett
     Ewing
     Fawell
     Fields (TX)
     Fowler
     Franks (CT)
     Franks (NJ)
     Gekas
     Geren
     Gillmor
     Gingrich
     Goodlatte
     Goodling
     Gordon
     Goss
     Grams
     Hall (OH)
     Hall (TX)
     Hancock
     Hansen
     Hastert
     Hayes
     Hefley
     Herger
     Hoekstra
     Holden
     Hunter
     Hutchinson
     Hutto
     Hyde
     Inglis
     Inhofe
     Istook
     Johnson, Sam
     Kasich
     Kim
     King
     Kingston
     Klink
     Knollenberg
     LaFalce
     Lancaster
     Laughlin
     Levy
     Lewis (CA)
     Lightfoot
     Linder
     Lipinski
     Livingston
     Lloyd
     Manzullo
     McCollum
     McDade
     McHugh
     McInnis
     McKeon
     McNulty
     Meyers
     Mica
     Michel
     Miller (FL)
     Molinari
     Montgomery
     Moorhead
     Murphy
     Myers
     Nussle
     Ortiz
     Oxley
     Packard
     Parker
     Paxon
     Payne (VA)
     Peterson (MN)
     Petri
     Pickett
     Pombo
     Porter
     Portman
     Poshard
     Pryce (OH)
     Quillen
     Quinn
     Rahall
     Ramstad
     Ravenel
     Regula
     Ridge
     Roberts
     Rogers
     Ros-Lehtinen
     Roth
     Roukema
     Rowland
     Royce
     Sangmeister
     Santorum
     Sarpalius
     Saxton
     Schaefer
     Schiff
     Sensenbrenner
     Shaw
     Shuster
     Sisisky
     Skeen
     Skelton
     Smith (MI)
     Smith (NJ)
     Smith (OR)
     Solomon
     Spence
     Spratt
     Stearns
     Stenholm
     Stump
     Sundquist
     Talent
     Tanner
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Tejeda
     Traficant
     Upton
     Valentine
     Volkmer
     Vucanovich
     Walker
     Walsh
     Whitten
     Wilson
     Wolf
     Young (AK)
     Young (FL)
     Zeliff
     Zimmer

                             NOT VOTING--20

     Andrews (NJ)
     Bentley
     Berman
     Blackwell
     Cardin
     Derrick
     Ford (TN)
     Gallegly
     Gallo
     Grandy
     Greenwood
     Lewis (FL)
     McMillan
     Natcher
     Norton (DC)
     Pickle
     Smith (TX)
     Thomas (WY)
     Torricelli
     Weldon

                              {time}  1745

  Messrs. GORDON, SMITH of Michigan, and EDWARDS of Texas changed their 
vote from ``aye'' to ``no.''
  So the amendment to the amendment was agreed to
  The result of the vote was announced as above recorded.
  Ms. PELOSI. Mr. Chairman, I rise in strong opposition to the Hancock 
amendments. The Hancock amendments would attempt to remove funding from 
local school districts with activities and programs which instruct or 
distribute materials to students that support homosexual orientation as 
a positive adult outcome. The amendments are mean-spirited and 
dangerous.
  Mr. Chairman, on Monday night Tom Hanks won the Academy Award for 
best performance by an actor for his starring role in Philadelphia. In 
his moving acceptance speech, he particularly thanked to gay Americans 
who influenced his decision to become an actor. Please not that Tom 
Hanks was not made gay by these early influences. But he was made more 
openminded and sensitive to others. His performance was a gift to all 
of us.
  Mr. Chairman, gay affirmative materials and activities do not make 
people gay. Gay affirmative materials do, however, make people who are 
eventually going to be lesbian or gay adults feel better about 
themselves. Such affirmative materials also make those who will 
eventually be heterosexual adults more openminded and accepting of 
others who are different--and thus also feel better about themselves.
  Clearly, lesbian and gay youth encounter special challenges because 
they confront a frequently hostile environment. The Centers for Disease 
Control and Prevention reports that gay youth are at high risk of 
depression and suicide. According to former HHS Secretary Sullivan's 
Task Force on Youth Report, gay youth make up 30 percent of completed 
youth suicides. Gay youth are at least three times more likely than 
other youth to try to take their own lives.
  These distressing facts are largely due to the ways in which antigay 
attitudes are promoted by certain individuals and groups in this 
country. These amendments, if enacted, would further promote gay youth 
depression, isolation and suicide. This is not a symbolic vote--real 
young people will be irreparably harmed.
  The proper role of Government is to protect and improve the lives of 
all our young people. I urge my colleagues to reject the Hancock 
amendments.
  Mr. TOWNS. Mr. Chairman, as a former educator now representing a 
highly diverse constituency, I must oppose the amendment offered by the 
distinguished colleague from Missouri. This amendment undermines the 
very nature and intent of education.
  The purpose of education is to introduce and expose students to new 
or existing information, stimuli, and methods in a controlled 
environment through instruction and guidance. Certainly, lifestyles and 
the teaching thereof are essential to human development in our society.
  In teaching lifestyles we must explore an abundance of interrelated 
fundamental elements such as interpersonal skills, effective 
communication, and coping mechanisms. These skills are key ingredients 
to success on all levels, in all endeavors. These elements prepare our 
youth to better cope with, compete in, and later, prosper in this 
increasingly complex society.
  Therefore, I must reject any legislation which prohibits the teaching 
of homosexuality as a lifestyle in our school systems throughout the 
Nation. Nor can I support language that penalizes or paralyzes the 
operation of associated schools, programs, and activities by barring 
Federal funding.
  Ms. WOOLSEY. Mr. Chairman, I rise today to oppose the Hancock 
amendments in the strongest terms possible and to urge my colleagues to 
vote for the Unsoeld perfecting amendment.
  As a life-long advocate of civil rights, as a career human resources 
professional, and as the mother of a gay son, I urge my colleagues to 
defeat this damaging amendment.
  This amendment severely restricts the autonomy of local schools and 
boards by reaching the long arm of Federal Government in a place where 
it has never, ever been before--your local school. This amendment 
dictates what conversations school administrators and teachers may have 
with students, what may be taught, and what the curriculum should be.
  Mr. Chairman, in that respect, this amendment is a first. Does the 
gentleman offering it believe that it is OK for the Federal Government 
to tell local schools that they cannot teach creationism or evolution?
  I think not. I would wager that he would say it is best left up to 
local discretion. And he would be right. We need to let local schools 
and local communities decide what is appropriate to teach children.
  But, even if this amendment did not increase Federal bureaucracy and 
control, I would oppose it.
  The fact is that many, many adolescents in school realize that they 
are gay or lesbian, or believe that they might be. It is then that they 
need the most support, especially from peers, teachers, school 
administrators, and parents.
  The Secretary of Health and Human Services under President Bush, 
Louis Sullivan, issued a report on youth suicide which revealed that 
gay teens are two to three times more likely than their peers to 
attempt suicide.

  They are also at a far greater risk for drug abuse; dropping out of 
school; running away from home; prostitution; and unwanted pregnancy.
  Mr. Chairman, these are the exact children who need the most help. 
This amendment takes a sledgehammer to their fragile existence by not 
allowing them to receive counseling, whether it is about physical 
health issues, or mental health issues.
  But, Mr. Chairman, the most important issue here is who is in charge 
of your local school? Mr. Hancock wants the Federal Government telling 
local schools what they can and cannot do. I am opposed to that, and I 
believe that the vast majority of this body is as well.
  Again, I urge my colleagues to join me in soundly defeating this 
destructive and dangerous amendment.


                          personal explanation

  Ms. NORTON. Mr. Chairman, I was unavoidably detained during part of 
this afternoon's consideration of H.R. 6, the Improving America's 
Schools Act, and therefore missed rollcall votes on two amendments: the 
Unsoeld amendment to the Hancock amendment--rollcall vote 91--and the 
Hancock amendment as amended by the Unsoeld amendment--rollcall vote 
number 92. Had I been present, I would have voted ``yes'' on rollcall 
vote 91 and ``yes'' on rollcall vote 92.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Missouri [Mr. Hancock], as amended.
  The question was taken; and the Chairman announced that the ayes 
appeared to have it.


                             recorded vote

  Mr. HANCOCK. Mr. Chairman, I demand a recorded vote.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 301, 
noes 120, not voting 17, as follows:

                             [Roll No. 92]

                               AYES--301

     Abercrombie
     Ackerman
     Allard
     Andrews (NJ)
     Andrews (TX)
     Applegate
     Archer
     Armey
     Bachus (AL)
     Baesler
     Baker (CA)
     Baker (LA)
     Ballenger
     Barca
     Barcia
     Barlow
     Barrett (NE)
     Bartlett
     Barton
     Bateman
     Bentley
     Bevill
     Bilbray
     Bilirakis
     Bishop
     Bliley
     Blute
     Boehlert
     Boehner
     Bonilla
     Borski
     Boucher
     Brewster
     Brooks
     Browder
     Brown (CA)
     Brown (FL)
     Brown (OH)
     Bryant
     Burton
     Buyer
     Byrne
     Callahan
     Calvert
     Camp
     Canady
     Cantwell
     Carr
     Castle
     Chapman
     Clement
     Clinger
     Clyburn
     Coble
     Coleman
     Collins (GA)
     Combest
     Condit
     Cooper
     Costello
     Cox
     Cramer
     Crapo
     Cunningham
     Danner
     Darden
     de la Garza
     de Lugo (VI)
     Deal
     Diaz-Balart
     Dingell
     Dooley
     Doolittle
     Dornan
     Dreier
     Duncan
     Durbin
     Edwards (TX)
     Ehlers
     Emerson
     Everett
     Ewing
     Faleomavaega (AS)
     Fawell
     Fields (LA)
     Fields (TX)
     Fingerhut
     Fish
     Fowler
     Franks (CT)
     Franks (NJ)
     Frost
     Gephardt
     Geren
     Gibbons
     Gilchrest
     Gillmor
     Gilman
     Gingrich
     Glickman
     Goodlatte
     Goodling
     Gordon
     Goss
     Grams
     Green
     Greenwood
     Gunderson
     Hall (OH)
     Hall (TX)
     Hamilton
     Hancock
     Hansen
     Hastert
     Hayes
     Hefley
     Hefner
     Herger
     Hobson
     Hochbrueckner
     Hoekstra
     Holden
     Horn
     Houghton
     Huffington
     Hughes
     Hunter
     Hutto
     Hyde
     Inglis
     Inhofe
     Inslee
     Istook
     Jacobs
     Jefferson
     Johnson (GA)
     Johnson (SD)
     Johnson, Sam
     Kanjorski
     Kaptur
     Kasich
     Kennedy
     Kildee
     Kim
     King
     Kingston
     Klein
     Klink
     Klug
     Knollenberg
     Kolbe
     Kyl
     LaFalce
     Lambert
     Lancaster
     LaRocco
     Laughlin
     Lazio
     Leach
     Lehman
     Levin
     Levy
     Lightfoot
     Linder
     Lipinski
     Livingston
     Lloyd
     Long
     Machtley
     Mann
     Manton
     Manzullo
     Martinez
     Mazzoli
     McCandless
     McCloskey
     McCollum
     McCurdy
     McDade
     McHale
     McHugh
     McInnis
     McKeon
     McNulty
     Meek
     Menendez
     Meyers
     Mfume
     Mica
     Michel
     Miller (FL)
     Minge
     Moakley
     Molinari
     Mollohan
     Montgomery
     Moorhead
     Murphy
     Murtha
     Myers
     Neal (MA)
     Neal (NC)
     Nussle
     Oberstar
     Obey
     Ortiz
     Orton
     Oxley
     Packard
     Parker
     Paxon
     Payne (VA)
     Penny
     Peterson (FL)
     Peterson (MN)
     Petri
     Pickett
     Pombo
     Pomeroy
     Porter
     Portman
     Poshard
     Price (NC)
     Pryce (OH)
     Quillen
     Quinn
     Rahall
     Ramstad
     Ravenel
     Regula
     Richardson
     Ridge
     Roberts
     Roemer
     Rogers
     Rohrabacher
     Romero-Barcelo (PR)
     Ros-Lehtinen
     Rose
     Rostenkowski
     Roth
     Roukema
     Rowland
     Royce
     Sangmeister
     Santorum
     Sarpalius
     Saxton
     Schaefer
     Schiff
     Sensenbrenner
     Shaw
     Shays
     Shepherd
     Shuster
     Sisisky
     Skeen
     Skelton
     Slattery
     Smith (IA)
     Smith (MI)
     Smith (NJ)
     Smith (OR)
     Snowe
     Solomon
     Spence
     Spratt
     Stearns
     Stenholm
     Stump
     Stupak
     Sundquist
     Swett
     Talent
     Tanner
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Tejeda
     Thomas (CA)
     Thornton
     Thurman
     Traficant
     Tucker
     Upton
     Valentine
     Vento
     Volkmer
     Vucanovich
     Walker
     Walsh
     Weldon
     Whitten
     Williams
     Wilson
     Wise
     Wolf
     Young (AK)
     Young (FL)
     Zeliff
     Zimmer

                               NOES--120

     Andrews (ME)
     Bacchus (FL)
     Barrett (WI)
     Becerra
     Beilenson
     Bereuter
     Blackwell
     Bonior
     Bunning
     Clay
     Clayton
     Collins (IL)
     Collins (MI)
     Conyers
     Coppersmith
     Coyne
     Crane
     DeFazio
     DeLauro
     DeLay
     Dellums
     Deutsch
     Dickey
     Dicks
     Dixon
     Dunn
     Edwards (CA)
     Engel
     English
     Eshoo
     Evans
     Farr
     Fazio
     Filner
     Flake
     Foglietta
     Ford (MI)
     Frank (MA)
     Furse
     Gejdenson
     Gonzalez
     Gutierrez
     Hamburg
     Harman
     Hastings
     Hilliard
     Hinchey
     Hoagland
     Hoyer
     Hutchinson
     Johnson (CT)
     Johnson, E. B.
     Johnston
     Kennelly
     Kleczka
     Kopetski
     Kreidler
     Lantos
     Lewis (CA)
     Lewis (GA)
     Lowey
     Maloney
     Margolies-Mezvinsky
     Markey
     Matsui
     McCrery
     McDermott
     McKinney
     Meehan
     Miller (CA)
     Mineta
     Mink
     Moran
     Morella
     Nadler
     Olver
     Owens
     Pallone
     Pastor
     Payne (NJ)
     Pelosi
     Rangel
     Reed
     Reynolds
     Roybal-Allard
     Rush
     Sabo
     Sanders
     Sawyer
     Schenk
     Schroeder
     Schumer
     Scott
     Serrano
     Sharp
     Skaggs
     Slaughter
     Stark
     Stokes
     Strickland
     Studds
     Swift
     Synar
     Thompson
     Torkildsen
     Torres
     Towns
     Underwood (GU)
     Unsoeld
     Velazquez
     Visclosky
     Washington
     Waters
     Watt
     Waxman
     Wheat
     Woolsey
     Wyden
     Wynn
     Yates

                             NOT VOTING--17

     Berman
     Cardin
     Derrick
     Ford (TN)
     Gallegly
     Gallo
     Gekas
     Grandy
     Hoke
     Lewis (FL)
     McMillan
     Natcher
     Norton (DC)
     Pickle
     Smith (TX)
     Thomas (WY)
     Torricelli

                              {time}  1756

  Mr. SHARP, Mrs. LOWEY, Mrs. SCHROEDER, and Ms. EDDIE BERNICE JOHNSON 
of Texas changed their vote from ``aye'' to ``no.''
  Mr. ACKERMAN changed his vote from ``no'' to ``aye.''
  So the amendment, as amended, was agreed to.
  The result of the vote was announced as above recorded.


                          personal explanation

  Mr. THOMAS of Wyoming. Mr. Chairman, during consideration of rollcall 
votes No. 91 and No. 92 earlier today, I was unavoidably detained. Had 
I been present, I would have voted ``no'' on rollcall No. 91 and 
``yes'' on rollcall No. 92.
  Mr. KILDEE. Mr. Chairman, I ask unanimous consent that the remainder 
of the bill be printed in the Record and open to amendment at any 
point, with the understanding that it does not affect the time 
agreement and is consistent with the rule. Only amendments that have 
been printed in the Record are in order.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Michigan?
  There was no objection.
  The text of the remainder of the committee amendment in the nature of 
a substitute, as modified, is as follows:
                ``TITLE X--COORDINATED SERVICES PROJECTS

     ``SEC. 10001. FINDINGS AND PURPOSE.

       ``(a) Findings.--The Congress makes the following findings:
       ``(1) Growing numbers of children are negatively affected 
     by influences outside of the classroom which increase their 
     risk of academic failure.
       ``(2) Factors such as poor nutrition, unsafe living 
     conditions, physical and sexual abuse, family and gang 
     violence, inadequate health care, unemployment, lack of child 
     care and substance abuse adversely affect family 
     relationships and the ability of a child to learn.
       ``(3) Parents and other caregivers in today's high pressure 
     society often face demands which place restraints on their 
     time and affect their ability to adequately provide for the 
     needs of their families.
       ``(4) Access to health and social service programs can 
     address the basic physical and emotional needs of children so 
     that they can fully participate in the learning experiences 
     offered them in school.
       ``(5) Services for at-risk students need to be more 
     convenient, less fragmented, regulated and duplicative in 
     order to meet the needs of children and their families.
       ``(6) School personnel, parents, and support service 
     providers often lack knowledge of, and access to, available 
     services for at-risk students and their families in the 
     community, and have few resources to coordinate services and 
     make them accessible.
       ``(7) Service providers, such as teachers, social workers, 
     health care and child care providers, juvenile justice 
     workers and others, are often trained in separate disciplines 
     that provide little support for the coordination of services.
       ``(8) Coordination of services is more cost effective 
     because it substitutes prevention for expensive crisis 
     intervention.
       ``(9) Coordinating health and social services with 
     education can help the Nation meet the National Education 
     Goals by ensuring better outcomes for children.
       ``(b) Purpose of Coordinating Services.--The purpose of 
     this section is to provide elementary and secondary school 
     students and their families better access to the social, 
     health and education services necessary for students to 
     succeed in school and for their families to take an active 
     role in ensuring that children receive the best possible 
     education.

     ``SEC. 10002. DEFINITIONS.

       ``(a) The term `coordinated services project' refers to a 
     comprehensive approach to meeting the educational, health, 
     social service, and other needs of children and their 
     families, including foster children and their foster 
     families, through a communitywide partnership that links 
     public and private agencies providing such services or access 
     to such services through a coordination site at or near a 
     school.
       ``(b) An `eligible entity' is a local educational agency, 
     individual school, or consortium of schools.

     ``SEC. 10003. PROJECT DEVELOPMENT AND IMPLEMENTATION.

       ``(a) Project Plans.--Eligible entities exercising their 
     authority under section 9206(b) shall submit to the Secretary 
     an application for the development of a plan or a plan for 
     the implementation of a coordinated services project.
       ``(b) Project Development.--The application for the 
     development of the coordinated services project, which can 
     last for up to one year, shall:
       ``(1) demonstrate that an assessment will be performed of 
     the economic, social, and health barriers to educational 
     achievement experienced by children and families, including 
     foster children and their foster families, in the community, 
     and the local, State, federal, and privately funded services 
     available to meet such needs;
       ``(2) identify the measures that will be taken to establish 
     a communitywide partnership that links public and private 
     agencies providing services to children and families; and
       ``(3) identify any other measures that will be taken to 
     develop a comprehensive plan for the implementation of a 
     coordinated services project or projects.
       ``(c) Project Implementation.--Eligible entities shall 
     submit to the Secretary a plan for the implementation or 
     expansion of a coordinated services project. Such plan shall 
     include--
       ``(1) the results of a children and families needs 
     assessment, which will include an assessment of the needs of 
     foster children;
       ``(2) the membership of the coordinated services project 
     partnership;
       ``(3) a description of the proposed coordinated services 
     project, its objectives, where it will be located, and the 
     staff that will be used to carry out the purposes of the 
     project;
       ``(4) a description of how the success of the coordinated 
     services project will be evaluated;
       ``(5) a description of the training to be provided to 
     teachers and appropriate personnel; and
       ``(6) information regarding whether or not a sliding scale 
     fee for services will be employed, and if not, an explanation 
     of why such scale is not feasible.

     ``SEC. 10004. USES OF FUNDS.

       ``(a) Funds utilized under the authority of section 9206(b) 
     may be used for activities under this title which include--
       ``(1) hiring a services coordinator;
       ``(2) making minor renovations to existing buildings;
       ``(3) purchasing basic operating equipment;
       ``(4) improving communications and information-sharing 
     between members of the coordinated services project 
     partnership;
       ``(5) providing training to teachers and appropriate 
     personnel concerning their role in a coordinated services 
     project; and
       ``(6) conducting the needs assessment required in section 
     10003(b)(1).
       ``(b) Projects operating under the authority of this title 
     shall comply with the requirements of Sec. 1121(b).

     ``SEC. 10005. CONTINUING AUTHORITY.

       ``The Secretary shall not approve the plan of any project 
     which fails to demonstrate that it is achieving effective 
     coordination after 2 years of implementation.

     ``SEC. 10006. FEDERAL AGENCY COORDINATION.

       ``(a) Agency Coordination.--The Secretaries of Education, 
     Health and Human Services, Labor, Housing and Urban 
     Development, Treasury, and Agriculture, and the Attorney 
     General shall review the programs administered by their 
     agencies to identify barriers to service coordination.
       ``(b) Report to Congress.--Such Secretaries and the 
     Attorney General shall submit jointly a report to the 
     Congress not later than 2 years after the date of the 
     enactment of the Improving America's Schools Act, based on 
     the review required under paragraph (a) recommending 
     legislative and regulatory action to address such barriers, 
     and during this time, shall use waiver authorities authorized 
     under this and other Acts.
             ``TITLE XI--SCHOOL FACILITIES IMPROVEMENT ACT

     ``SEC. 11001. FINDINGS.

       ``The Congress finds the following:
       ``(1) According to a 1991 survey conducted by the American 
     Association of School Administrators, 74 percent of all 
     public school buildings in the United States need to be 
     replaced.
       ``(2) Almost one-third of such buildings were built prior 
     to World War II.
       ``(3) It is estimated that 1 of every 4 public school 
     buildings in the United States is in inadequate condition, 
     and of such buildings, 61 percent need maintenance or major 
     repairs, 43 percent are obsolete, 42 percent contain 
     environmental hazards, 25 percent are overcrowded, and 13 
     percent are structurally unsound.
       ``(4) Large numbers of local educational agencies have 
     difficulties securing financing for school facility 
     improvement.

     ``SEC. 11002. PURPOSE.

       ``The purpose of this Act is the leverage limited Federal 
     funds to enable local educational agencies to finance the 
     costs associated with the improvement of school facilities 
     within their jurisdiction.

     ``SEC. 11003. FEDERAL ASSISTANCE IN THE FORM OF LOANS.

       ``(a) Authority and Conditions for Loans.--To assist local 
     educational agencies in the construction, reconstruction, or 
     renovation of schools, the Secretary may make loans of funds 
     to such agencies for the construction, reconstruction, or 
     renovation of such schools. Such assistance shall only be 
     provided--
       ``(1) to local educational agencies eligible for grants 
     under section 1124A of part A of title I, schools located on 
     Indian reservations, or local educational agencies eligible 
     for payments under section 8004.
       ``(2) if the Secretary finds that such constructions will 
     be undertaken in an economical manner, and that any such 
     construction, reconstruction or renovation is not or will not 
     be of elaborate or extravagant design or materials.
       ``(b) Priorities.--In approving loans under this title, the 
     Secretary shall consider--
       ``(1) the difficulty of the applicant in securing 
     affordable financing from other sources;
       ``(2) the threat the condition of the physical plant poses 
     to the safety and well-being of students;
       ``(3) the demonstrated need for the construction, 
     reconstruction, or renovation as based on the condition of 
     the facility; and
       ``(4) the age of the facility to be renovated or replaced.
       ``(c) Amount and Conditions of Loans.--A loan to a local 
     educational agency--
       ``(1) may be in an amount not exceeding the total 
     development cost of the facility, as determined by the 
     Secretary;
       ``(2) shall be secured in such manner and be repaid within 
     such period, not exceeding 50 years, as may be determined by 
     the Secretary; and
       ``(3) shall bear interest at a rate determined by the 
     Secretary which shall be the rate of interest paid by the 
     Secretary on funds obtained from the Secretary of the 
     Treasury minus 1 and one quarter per cent each year.

     ``SEC. 11004. GENERAL PROVISIONS.

       ``(a) Budget and Accounting.--In the performance of, and 
     with respect to, the functions, powers, and duties under this 
     part, the Secretary, notwithstanding the provisions of any 
     other law, shall--
       ``(1) prepare annually and submit a budget program as 
     provided for wholly owned Government corporations by chapter 
     91 of title 31, United States Code; and
       ``(2) maintain a set of accounts which shall be audited by 
     the Comptroller General in accordance with the provisions of 
     chapter 35 of title 31, United States Code, but such 
     financial transactions of the Secretary, as the making of 
     loans and vouchers approved by the Secretary, in connection 
     with such financial transactions shall be final and 
     conclusive upon all officers of the Government.
       ``(b) Use of Funds.--Funds made available to the Secretary 
     pursuant to the provisions of this part shall be deposited in 
     a checking account or accounts with the Treasurer of the 
     United States. Receipts and assets obtained or held by the 
     Secretary in connection with the performance of functions 
     under this part, and all funds available for carrying out the 
     functions of the Secretary under this part (including 
     appropriations therefor, which are hereby authorized), shall 
     be available, in such amounts as may from year to year be 
     authorized by the Congress, for the administrative expenses 
     of the Secretary in connection with the performance of such 
     functions.
       ``(c) Legal Powers.--In the performance of, and with 
     respect to, the functions, powers, and duties under this 
     part, the Secretary, notwithstanding the provisions of any 
     other law, may--
       ``(1) prescribe such rules and regulations as may be 
     necessary to carry out the purposes of this part;
       ``(2) sue and be sued;
       ``(3) foreclose on any property or commence any action to 
     protect or enforce any right conferred upon the Secretary by 
     any law, contract, or other agreement, and bid for and 
     purchase at any foreclosure or any other sale any property in 
     connection with which the Secretary has made a loan pursuant 
     to this part;
       ``(4) in the event of any such acquisition, notwithstanding 
     any other provision of law relating to the acquisition, 
     handling, or disposal of real property by the United States, 
     complete, administer, remodel and convert, dispose of, lease, 
     and otherwise deal with, such property, but any such 
     acquisition of real property shall not deprive any State or 
     political subdivision thereof of its civil or criminal 
     jurisdiction in and over such property or impair the civil 
     rights under the State or local laws of the inhabitants on 
     such property;
       ``(5) sell or exchange at public or private sale, or lease, 
     real or personal property, and sell or exchange any 
     securities or obligations, upon such terms as the Secretary 
     may fix;
       ``(6) obtain insurance against loss in connection with 
     property and other assets held; and
       ``(7) include in any contract or instrument made pursuant 
     to this part such other covenants, conditions, or provisions 
     as may be necessary to assure that the purposes of this part 
     will be achieved.
       ``(d) Contracts for Supplies or Services.--Section 3709 of 
     the Revised Statutes shall not apply to any contract for 
     services or supplies on account of any property acquired 
     pursuant to this part if the amount of such contract does not 
     exceed $1,000.
       ``(e) Applicability of Government Corporation Control 
     Act.--The provisions of section 9107(a) of title 31, United 
     States Code, which are applicable to corporations or agencies 
     subject to chapter 91 of such title, shall also be applicable 
     to the activities of the Secretary under this part.
       ``(f) Wage Rates.--The Secretary shall take such action as 
     may be necessary to ensure that all laborers and mechanics 
     employed by contractors or subcontractors on any project 
     assisted under this part--
       ``(1) shall be paid wages at rates not less than those 
     prevailing on the same type of work on similar construction 
     in the immediate locality as determined by the Secretary of 
     Labor in accordance with the Act of March 3, 1931 (Davis-
     Bacon Act), as amended; and
       ``(2) shall be employed not more than 40 hours in any one 
     week unless the employee receives wages for the employee's 
     employment in excess of the hours specified above at a rate 
     not less than one and one-half times the regular rate at 
     which the employee is employed,

     but the Secretary may waive the application of this 
     subsection in cases or classes of cases where laborers or 
     mechanics, not otherwise employed at any time in the 
     construction of such project, voluntarily donate their 
     services without full compensation for the purpose of 
     lowering the costs of construction and the Secretary 
     determines that any amounts saved thereby are fully credited 
     to the educational institution undertaking the construction.
       ``(g) Limitations.--(1) No loan shall be made under this 
     part to any local educational agency until 5 years after the 
     date on which a previous loan to that agency was made under 
     this part, unless the loan is intended to be used to 
     construct or reconstruct a facility damaged as a result of a 
     national disaster, as declared by the President.
       ``(2) Not more than 12.5 percent of the amount of the funds 
     provided for in this part in the form of loans annually shall 
     be made available to educational institutions within any one 
     State.

     ``SEC. 11005. DEFINITIONS.

       ``The term `school' is defined as structures suitable for 
     use as classrooms, laboratories, libraries, and related 
     facilities, the primary purpose of which is the instruction 
     of elementary and secondary school students.

     ``SEC. 11006. AUTHORIZATION.

       ``There are authorized to be appropriated to carry out this 
     title, $200,000,000 for fiscal year 1995 and such sums as may 
     be necessary for each of the 4 succeeding fiscal years.''.
           ``TITLE XII--URBAN AND RURAL EDUCATION ASSISTANCE

             ``PART A--URBAN EDUCATION DEMONSTRATION GRANTS

     ``SEC. 12000. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) Demonstration Grants.--(1) There is authorized to be 
     appropriated $200,000,000 for fiscal year 1995, and such sums 
     as may be necessary for each of the fiscal years 1996 through 
     1999 to carry out the provisions of sections 12003 and 12103.
       ``(2) 50 percent of the amount appropriated under paragraph 
     (1) shall be reserved and made available only for the 
     purposes of section 12103. If the amount reserved for any 
     fiscal year for section 12103 is less than $50,000,000, the 
     Secretary shall grant awards on a competitive basis to local 
     educational agencies serving rural areas, making such that 
     there is an equitable geographic distribution of such awards. 
     If the amount reserved for any fiscal year for section 12103 
     exceeds $50,000,000, the Secretary shall grant awards in such 
     a manner that a local educational agency serving rural areas 
     in each State receives such an award.
       ``(3) 50 percent of the amount appropriated under paragraph 
     (1) shall be reserved and made available only for the 
     purposes of section 12003.
       ``(b) Higher Education and Research Grants.--(1) There are 
     authorized to be appropriated $50,000,000 for fiscal year 
     1995, and such sums as may be necessary for each of the 
     fiscal years 1996 through 1999 to carry out the provisions of 
     sections 12004 and 12104.
       ``(2) 50 percent of the amount appropriated under paragraph 
     (1) shall be reserved and made available only for the 
     purposes of section 12004.
       ``(3) 50 percent of the amount appropriated under paragraph 
     (1) shall be reserved and made available only for the 
     purposes of section 12104.
       (c) Commissions.--``There are authorized to be appropriated 
     for fiscal years 1995, 1996, and 1997 such sums as may be 
     necessary to carry out the provisions of sections 12006 and 
     12105. Amounts appropriated pursuant to this authority shall 
     remain available until expended.
       ``(d) Evaluation.--There are authorized to be appropriated 
     for each of the fiscal years 1995 through 1999 such sums as 
     may be necessary to carry out the provisions of section 
     12005.

     ``SEC. 12001. FINDINGS.

       ``The Congress finds that--
       ``(1) the ability of the Nation's major urban school 
     systems to meet the Nation's educational goals will determine 
     the country's economic competitiveness and academic standing 
     in the world community;
       ``(2) the quality of public education in the Nation's major 
     urban areas has a direct effect on the economic development 
     of the Nation's inner cities;
       ``(3) the success of urban schools in boosting the 
     achievement of its minority youth attending such schools will 
     determine the ability of the Nation to close the gap between 
     the `haves and have-nots' in society;
       ``(4) the cost to America's businesses to provide remedial 
     education to high school graduates is approximately 
     $21,000,000,000 per year;
       ``(5) approximately \1/3\ of the Nation's work force will 
     be minority by the year 2000;
       ``(6) urban schools enroll a disproportionately large share 
     of the Nation's poor and `at-risk' youth;
       ``(7) urban schools enroll approximately \1/3\ of Nation's 
     poor, 40 percent of the Nation's African American children, 
     and 30 percent of the Nation's Hispanic youth;
       ``(8) nearly 20 percent of the Nation's limited English 
     proficient children and 15 percent of the Nation's disabled 
     youth are enrolled in urban schools;
       ``(9) the academic performance of students in the average 
     inner-city public school system is below that of students in 
     most other kinds of school systems;
       ``(10) urban schools systems have higher dropout rates, 
     more problems with health care and less parental 
     participation than other kinds of school systems;
       ``(11) urban preschoolers have one-half the access to early 
     childhood development programs as do other children;
       ``(12) shortages of teachers in urban school systems are 
     2.5 times greater than such shortages in other kinds of 
     school systems;
       ``(13) declining numbers of urban minority high school 
     graduates are pursuing postsecondary educational 
     opportunities;
       ``(14) urban schools systems have greater problems with 
     teen pregnancy, discipline, drug abuse and gangs than do 
     other kinds of school systems;
       ``(15) 75 percent of urban school buildings are over 25 
     years old, 33 percent of such buildings are over 50 years 
     old, and such buildings are often in serious disrepair and 
     create poor and demoralizing working and learning conditions;
       ``(16) solving the challenges facing our Nation's urban 
     schools will require the concerted and collaborative efforts 
     of all levels of government and all sectors of the community;
       ``(17) State and Federal funding or urban schools has not 
     adequately reflected need; and
       ``(18) Federal funding that is well targeted, flexible and 
     accountable would contribute significantly to addressing the 
     comprehensive needs of inner-city schools.

     ``SEC. 12002. STATEMENT OF PURPOSE.

       ``It is the purpose of this Act to provide financial 
     assistance to--
       ``(1) assist urban schools in meeting national education 
     goals;
       ``(2) improve the educational and social well being of 
     urban public school children;
       ``(3) close the achievement gap between urban and nonurban 
     school children, while improving the achievement level of all 
     children nationally;
       ``(4) renovate and repair urban school buildings and 
     facilities;
       ``(5) conduct coordinated research on urban education 
     problems, solutions and promising practices;
       ``(6) improve the Nation's global economic and educational 
     competitiveness by improving the country's urban schools;
       ``(7) encourage community, parental and business 
     collaboration in the improvement or urban schools; and
       ``(8) review regulations whose simplification might improve 
     the achievement of urban school children.

     ``SEC. 12003. URBAN EDUCATION DEMONSTRATION GRANTS.

       ``(a) Authority.--The Secretary is authorized to make 
     grants to eligible local educational agencies serving an 
     urban area or State educational agencies in the case where 
     the State educational agency is the local educational agency 
     for activities designed to assist in local school improvement 
     efforts and school reform, and to assist the schools of such 
     agencies in meeting the National Education Goals.
       ``(b) Authorized Activities.--Funds under this section may 
     be used to--
       ``(1) increase academic achievement or urban school 
     children;
       ``(2) ensure the readiness of urban children for school;
       ``(3) increase the graduation rates of urban students;
       ``(4) prepare urban school graduates to enter higher 
     education, pursue careers, and exercise their 
     responsibilities as citizens;
       ``(5) recruit and retain qualified teachers, particularly 
     minority teachers and teachers specializing in areas of 
     critical shortage;
       ``(6) provide for ongoing staff development to increase the 
     professional capacities of the teaching staff and the skills 
     of teacher aides and paraprofessionals;
       ``(7) decrease the use of drugs and alcohol among urban 
     students and to ensure the physical and emotional well-being 
     of such students in a bias-free school environment;
       ``(8) coordinate and collaborate with parents, the 
     community, the private sector, and with other service 
     providers and programs;
       ``(9) acquire and improve access to educational technology; 
     and
       ``(10) assist the schools most in need of services by 
     replicating successful efforts of other urban local 
     educational agencies and expanding successful programs within 
     the eligible agency.
       ``(c) General Provisions.--An eligible local educational 
     agency desiring to receive a grant under this section shall 
     submit an application to the Secretary at such time, in such 
     manner, and accompanied by such information as the Secretary 
     may reasonably require, consistent with this section.
       ``(d) Definitions.--Except as otherwise provided, for the 
     purposes of this part--
       ``(1) Central city.--The term `central city' has the same 
     meaning as that used by the United States Census Bureau.
       ``(2) Eligible local educational agency.--The term 
     `eligible local educational agency' means a local educational 
     agency which--
       ``(A) serves the largest central city in a State;
       ``(B) enrolls more than 30,000 students and serves a 
     central city with a population of at least 200,000 in a 
     metropolitan statistical area; or
       ``(C) enrolls between 25,000 and 30,000 students and serves 
     a central city with a population of at least 140,000 in a 
     metropolitan statistical area.
       ``(3) Metropolitan statistical area.--The term 
     `metropolitan statistical area' has the same meaning as that 
     used by the United States Census Bureau.

     ``SEC. 12004. RESEARCH AND EVALUATION GRANTS.

       ``The Secretary is authorized to make grants and enter into 
     contracts with eligible local educational agencies, and 
     institutions of higher education jointly with eligible local 
     educational agencies to conduct research and evaluate 
     programs for improving and reforming the Nation's urban 
     schools.

     ``SEC. 12005. USE OF FUNDS.

       ``Funds allotted to eligible local educational agencies and 
     institutions of higher education under section 12004 may be 
     used for--
       ``(1) collaborative and coordinated research and evaluation 
     of educational techniques or approaches used in multiple 
     eligible local educational agencies;
       ``(2) evaluation of projects assisted under title I;
       ``(3) collection and dissemination of information on 
     successful projects and approaches assisted under title I;
       ``(4) design and implementation of extension service 
     programs to allow an eligible local educational agency to 
     provide technical assistance to individual schools and 
     teachers involved in projects assisted under title I;
       ``(5) provision of data and information management services 
     to individual schools assisted under title I;
       ``(6) provision of staff training in schools assisted under 
     title I;
       ``(7) evaluation of progress made by eligible local 
     educational agencies assisted under this Act in meeting 
     national education goals;
       ``(8) provision of staff training in test interpretation 
     and use for diagnostic purposes;
       ``(9) provision of information to parents on test results 
     and test interpretation;
       ``(10) provision of technology and training in its research 
     and evaluation uses;
       ``(11) development of assessment tools of students in 
     individualized instruction;
       ``(12) research on school policies and practices which may 
     be barriers to the success of students in school; and
       ``(13) development and testing of new multiple, alternative 
     assessments of student progress toward the national education 
     goals which are race and gender bias-free and sensitive to 
     limited-English proficient and disabled students.

     ``SEC. 12006. AUGUSTUS F. HAWKINS NATIONAL COMMISSION ON 
                   URBAN EDUCATION.

       ``(a) Establishment.--There is established a National 
     Commission on Urban Education (in this Act referred to as the 
     `Commission').
       ``(b) Membership.--
       ``(1) In general.--The Commission shall be composed of 12 
     members as follows:
       ``(A) 4 of the Members shall be appointed by the President.
       ``(B) 4 of the Members shall be appointed by the Speaker of 
     the House, including 2 Members of the House, of which 1 shall 
     be from each political party.
       ``(C) 4 of the members shall be appointed by the President 
     pro tempore of the Senate, including 2 Members of the Senate, 
     of which 1 shall be from each political party.
       ``(2) Chairperson.--The Chairperson of the Commission shall 
     be elected by the members of the Commission and shall 
     continue to serve for the duration of the Commission.
       ``(3) Vacancies.--Any vacancy in the Commission shall be 
     filled in the same manner as the original appointment.
       ``(c) Duties.--The Commission shall study the following 
     issues:
       ``(1) Demographic changes.--Demographic changes in student 
     enrollment and classroom teachers in the 10-year period prior 
     to the date of enactment of this Act.
       ``(2) Special needs.--Numbers and types of special needs of 
     students in urban schools.
       ``(3) Unserved or underserved students.--Number of unserved 
     or underserved students in urban schools eligible for 
     assistance under the Head Start Act, chapter 1 of title 1 of 
     the Elementary and Secondary Education Act of 1965, School 
     Dropout Demonstration Assistance Act of 1988, Drug Free 
     Schools and Communities Act of 1986. Carl D. Perkins 
     Vocational and Applied Technology Education Act, Education of 
     the Handicapped Act and other Federal programs.
       ``(4) student performance.--Program and management efforts 
     in urban schools designed to enhance student performance, and 
     reasons for the effectiveness of such efforts.
       ``(5) Financial support.--Financial support and funding 
     needs of urban schools from local, State, and Federal 
     sources.
       ``(6) Collaborate efforts.--Collaborative efforts and 
     programs between urban schools, the private sector, and 
     community groups.
       ``(7) Supply needs.--Supply needs for teachers in urban 
     schools in the 10-year period beginning on the date of 
     enactment of this Act.
       ``(d) Reports.--
       ``(1) In general.--The Commission shall submit a report 
     that includes recommendations to the President and to the 
     appropriate committees of the Congress on the findings of the 
     study required by this section. The report shall be submitted 
     as soon as practicable.
       ``(2) Proposal for changes in federal legislation.--The 
     report submitted under this section shall include proposals 
     for changes in Federal legislation.
       ``(e) Staff.--Such personnel as the Commission deems 
     necessary may be appointed by the Commission without regard 
     to the provisions of title 5, United States Code, governing 
     appointments in the competitive service, and may be paid 
     without regard to the provisions of chapter 51 and subtitle 
     III of chapter 53 of such title relating to classification 
     and General Schedule pay rates, but no individual so 
     appointed shall be paid in excess of the rate of basic pay 
     for level III of the Executive Schedule.
       ``(f) Compensation.--
       ``(1) In general.--Members of the Commission who are 
     officers or full-time employees of the United States shall 
     receive no additional pay, allowances, or benefits by reason 
     of their service on the Commission.
       ``(2) Travel expenses.--Each member shall receive travel 
     expenses, including per diem in lieu of subsistence, as 
     authorized by section 5702 and 5703 of title 5, United States 
     Code.
       ``(3) Special rule.--Members of the Commission who are not 
     officers or full-time employees of the United States may 
     receive a per diem and travel allowance as is provided by the 
     United States Code for persons in the Government service 
     employed intermittently.
       ``(g) Administration.--
       ``(1) In general.--The Commission or, on the authorization 
     of the Commission, any committee thereof, may, for the 
     purpose of carrying out the provisions of this section, hold 
     such hearings and site and act at such times and such places 
     within the United States as the Commission or such committee 
     considers advisable.
       ``(2) Consultation.--In carrying out its duties under this 
     section, the Commission shall consult with other Federal 
     agencies, representatives of State and local governments, and 
     private organizations to the extent feasible.
       ``(3) Information.--The Commission may secure directly from 
     any department or agency of the United States information 
     necessary to enable it to carry out this section. Upon 
     request of the Chairperson of the Commission, the head of 
     such department or agency shall furnish that information to 
     the Commission.
       ``(4) Contracts.--The Commission is authorized to enter 
     into contracts to secure the necessary data and information 
     to conduct its work and to obtain the services of experts and 
     consultants.
       ``(5) Cooperation.--The heads of all Federal agencies are, 
     to the extent practicable, directed to cooperate with the 
     Commission in carrying out this section.
       ``(6) Special rule.--The Commission is authorized to 
     utilize, with the consent of such agencies, the services, 
     personnel, information, and facilities of other Federal, 
     State, local, and private agencies with or without 
     reimbursement.
       ``(h) Termination.--The Commission shall terminate 3 years 
     after the date of its first meeting.

     ``SEC. 12007. EVALUATION.

       ``The Secretary is authorized directly, or through grants 
     or contracts to evaluate the programs and activities funded 
     under this title, broadly disseminate such information to 
     other school districts, and to report the results of such 
     evaluation to the Education and Labor Committee of the House 
     of Representatives and the Labor and Human Resources 
     Committee of the Senate.

             ``PART B--RURAL EDUCATION DEMONSTRATION GRANTS

     ``SEC. 12101. FINDINGS.

       ``The Congress finds that--
       ``(1) rural schools are essential to national efforts to 
     meet the National Education Goals;
       ``(2) approximately 60 percent of the Nation's public 
     school districts are rural, with populations of less than 
     2,500;
       ``(3) about 1 out of every 4 of America's rural school 
     children are living below the poverty level;
       ``(4) the quality of public education in rural areas has a 
     direct effect on the economic development of our country's 
     rural communities;
       ``(5) the academic performance of students in the average 
     rural school system is below that of students in most other 
     suburban school systems;
       ``(6) the average age of rural public school buildings is 
     more than 45 years old, creating poor and demoralizing 
     working and learning conditions;
       ``(7) shortages of teachers for rural school systems is 
     greater than in other kinds of school systems;
       ``(8) solving the challenges facing the Nation's rural 
     schools will require the concerted and collaborative efforts 
     of all levels of government and all sectors of the education 
     community; and
       ``(9) additional Federal funding would contribute 
     significantly to addressing the comprehensive needs of rural 
     schools.

     ``SEC. 12102. STATEMENT OF PURPOSE.

       ``It is the purpose of this part to provide financial 
     assistance to rural schools to encourage innovative school 
     reform programs, the enhanced use of telecommunications 
     technology for learning, and inservice training and teacher 
     recruitment initiatives in cooperation with institutions of 
     higher education designed to augment local school improvement 
     activities.

     ``SEC. 12103. RURAL SCHOOL GRANTS.

       ``(a) Authority.--The Secretary is authorized to make 
     grants to local education agencies serving rural areas or 
     State educational agencies in the case where the State 
     educational agency is the local educational agency for 
     activities designed to assist in local school improvement 
     efforts.
       ``(b) Authorized Activities.--Funds under this title may be 
     used to--
       ``(1) assist rural schools in meeting National Education 
     goals and undertaking local school improvement initiatives;
       ``(2) develop pilot projects that experiment with 
     innovative ways to teach rural public school children more 
     effectively;
       ``(3) encourage rural school consortia for the purpose of 
     increasing efficiency and course offerings;
       ``(4) provide meaningful inservice training opportunities 
     for rural public school teachers; and
       ``(5) assist rural schools in acquiring and improving 
     access to educational technology, including distance learning 
     technologies.
       ``(c) General Provisions.--Each eligible entity desiring a 
     grant under this title shall submit an application to the 
     Secretary at such time, in such manner, and accompanied by 
     such information as the Secretary may reasonably require. 
     Awards made by the Secretary shall be of sufficient size and 
     scope to achieve significant rural school improvement.

     ``SEC. 12104. HIGHER EDUCATION GRANTS.

       ``(a) Grants.--The Secretary is authorized to make grants 
     to institutions of higher education, consortia of such 
     institutions, or partnerships between institutions of higher 
     education and local education agencies to assist rural 
     schools and local education agencies serving rural areas in 
     undertaking local school improvement activities.
       ``(b) Authorized Activities.--Funds under this section may 
     be used to--
       ``(1) assist rural schools in meeting National Education 
     Goals;
       ``(2) assist in the recruitment and training of teachers in 
     rural schools;
       ``(3) assist rural schools in the development of 
     appropriate innovative school improvement initiatives;
       ``(4) provide inservice training opportunities for teachers 
     in rural schools; and
       ``(5) provide technical assistance in the use and 
     installation of innovative telecommunications technology.
       ``(c) General Provisions.--Each eligible entity desiring a 
     grant under this section shall submit an application to the 
     Secretary at such time, in such manner, and accompanied by 
     such information as the Secretary may reasonably require.

     ``SEC. 12105. NATIONAL COMMISSION ON RURAL EDUCATION.

       ``(a) Establishment.--There is established a National 
     Commission on Rural Education.
       ``(b) Membership.--The Commission shall be composed of 12 
     members, 4 of whom shall be appointed by the President of the 
     United States, 4 of whom shall be appointed by the Speaker of 
     the House upon the recommendation of the majority leader and 
     the minority leader, and 4 of whom shall be appointed by the 
     President pro tempore of the Senate upon the recommendation 
     of the majority leader and the minority leader. A majority of 
     the members of the Commission shall be individuals involved 
     in rural education, with at least 2 individuals involved in 
     rural postsecondary education. The Chair of the Commission 
     shall be elected by the President from among his 4 appointees 
     and shall continue to serve during the duration of the 
     Commission. Vacancies in the Commission shall be filled in 
     the same manner as the original appointment.
       ``(c) Studies.--The Commission shall conduct a full and 
     complete study on the State of rural education in America. 
     Included in this analysis should be the impact of demographic 
     changes in rural schools, the special needs of these schools, 
     the current and future teacher needs of these schools, the 
     effectiveness of existing Federal education programs in 
     meeting the needs of these schools, the adequacy of financial 
     support for these schools, and any other issues that the 
     Commission deems to be important and essential for a complete 
     and exhaustive examination of the state and condition of 
     rural schools in America.
       ``(d) Staff.--The Commission may appoint such staff as may 
     be necessary by the Chair without regard to the provisions of 
     title 5, United States Code, governing appointments in the 
     competitive service, and may pay such staff without regard to 
     the provisions of chapter 51 of subchapter III of chapter 53 
     of such title relating to classification and General Schedule 
     pay rates, but no individual so appointed shall be paid in 
     excess of the rate authorized for GS-18 of the General 
     Schedule.
       ``(e) Compensation and Expenses.--(1) Members of the 
     Commission who are officers or full-time employees of the 
     United States shall serve without compensation in addition to 
     that received for their services as officers and employees of 
     the United States. Such members may be allowed travel 
     expenses and per diem in lieu of subsistence, as authorized 
     by section 5703 of title 5, United States Code.
       ``(2) Members of the Commission who are not officers or 
     full-time employees of the United States may each receive per 
     diem and travel allowance as is provided by the United States 
     Code for persons in the Government service employed 
     intermittently.
       ``(f) Administration.--(1) The Commission may organize 
     itself in whatever manner is most appropriate for the conduct 
     of its activities. It may hold such hearings and act at such 
     time and such places within the United States as it may 
     consider advisable. In carrying out its duties, the 
     Commission may consult with other Federal agencies, 
     representatives of State and local governments, and private 
     organizations to the extent feasible.
       ``(2) The Commission is authorized to secure directly from 
     any executive department, bureau, agency, board, commission, 
     office, independent establishment, or instrumentality, 
     information, suggestions, estimates, and statistics for the 
     purpose of this section, and each such department, bureau, 
     agency, board, commission, office, independent establishment, 
     or instrumentality is authorized and directed, to the extent 
     permitted by law, to furnish such information, suggestions, 
     estimates, and statistics directly to the Commission, upon 
     request by the Chair.
       ``(3) The Commission may enter into contracts for the 
     acquisition of information, suggestions, estimates, and 
     statistics for the purpose of this section. The Commission is 
     authorized to obtain the services of experts and consultants 
     without regard to section 3109 of title 5, United States 
     Code, and to set pay in accordance with such section.
       ``(4) The head of such Federal agency shall, to the extent 
     not prohibited by law, cooperate with the Commission in 
     carrying out this section. The Commission is authorized to 
     utilize, with their consent, the services, personnel, 
     information, and facilities of other Federal, State, local, 
     and private agencies with or without reimbursement.
       ``(g) Final Report.--The Commission shall report to 
     Congress its findings not later than 3 years after the date 
     of enactment of this Act. Such report may include legislative 
     recommendations. The Commission may make whatever interim 
     reports to Congress that it deems necessary.''.
      TITLE II--AMENDMENTS TO THE GENERAL EDUCATION PROVISIONS ACT

     PART A--APPLICABILITY OF THE GENERAL EDUCATION PROVISIONS ACT

     SEC. 211. TITLE; APPLICABILITY; DEFINITIONS.

       Section 400 of the General Education Provisions Act (20 
     U.S.C. 1221 et seq.; referred to in this title as ``the 
     Act'') is amended to read as follows:


                  ``title; applicability; definitions

       ``Sec. 400. (a) This title may be cited as the `General 
     Education Provisions Act'.
       ``(b)(1) Except as otherwise provided, this title applies 
     to each applicable program of the Department of Education.
       ``(2) Except as otherwise provided, this title does not 
     apply to any contract made by the Department of Education.
       ``(c) As used in this title, the following terms have the 
     following meanings:
       ``(1) The term `applicable program' means any program for 
     which the Secretary or the Department has administrative 
     responsibility as provided by law or by delegation of 
     authority pursuant to law. The term includes each program for 
     which the Secretary or the Department has administrative 
     responsibility under the Department of Education Organization 
     Act or under statutes effective after the effective date of 
     that Act.
       ``(2) The term `applicable statute' means--
       ``(A) the Act or the title, part, section, or any other 
     subdivision of an Act, as the case may be, that authorizes 
     the appropriation for an applicable program;
       ``(B) this title; and
       ``(C) any other statute that by its terms expressly 
     controls the administration of an applicable program.
       ``(3) The term `Department' means the Department of 
     Education.
       ``(4) The term `Secretary' means the Secretary of 
     Education.
       ``(d) Nothing in this title shall be construed to affect 
     the applicability of title VI of the Civil Rights Act of 
     1964, title IX of the Education Amendments of 1972, title V 
     of the Rehabilitation Act of 1973, the Age Discrimination 
     Act, or other statutes prohibiting discrimination, to any 
     applicable program.''.

     SEC. 212. REPEAL AND REDESIGNATION.

       (a) The following provisions of the Act are repealed:
       (1) Sections 400A, 401, 402, 405, 406, 406A, 406B, 406C, 
     407, 413, 416, 419, 421, 423, 424, 426A, and 429; and
       (2) part D.
       (b) Sections 403, 408, 409, 411, 412, 414, 415, 417, 420, 
     421A, 422, 425, 426, 427, 428, 430, 431, 432, 433, 434, 435, 
     436, 437, 438, 439, and 440 are redesignated as 401, 410, 
     411, 420, 421, 422, 423, 425, 426, 430, 431, 432, 433, 434, 
     435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, and 
     446 respectively.
       (c) Part E is redesignated as part D.

                  PART B--THE DEPARTMENT OF EDUCATION

     SEC. 221. NEW HEADING FOR PART A.

       The heading for part A of the Act is amended to read as 
     follows:

         ``Part A--Functions of the Department of Education''.

     SEC. 222. OFFICE OF NON-PUBLIC EDUCATION.

       Section 401 of the Act (as redesignated) is amended by--
       (1) striking the heading of such section and inserting the 
     following new heading:


                  ``office of non-public education''.

       (2) striking subsections (a), (b), and (c); and
       (3) striking ``(d)(1) There'' and inserting ``Sec. 401 (1) 
     There''.

     SEC. 223. GENERAL AUTHORITY OF THE SECRETARY.

       Section 410 of the Act (as redesignated) is amended to read 
     as follows:


                  ``general authority of the secretary

       ``Sec. 410. The Secretary, in order to carry out functions 
     otherwise vested by law or by delegation of authority 
     pursuant to law, and subject to limitations as may be 
     otherwise imposed by law, is authorized to make, promulgate, 
     issue, rescind, and amend rules and regulations governing the 
     manner of operation of, and governing the applicable programs 
     administered by, the Department.''.

     SEC. 224. COORDINATION.

       The Act is amended by inserting the following new section 
     412:


                             ``coordination

       ``Sec. 412. The Advisory Council on Education Statistics, 
     the National Education Goals Panel, the National Education 
     Statistics and Improvement Council, and any other Board 
     established to analyze, address, or approve standards and 
     assessments shall coordinate and interact with one another in 
     order to ensure that each entity does not duplicate 
     activities to assist States in their efforts to reform their 
     educational systems.''.

                 PART C--APPROPRIATIONS AND EVALUATIONS

     SEC. 230. FORWARD FUNDING.

       Section 420 of the Act (as redesignated) is amended to read 
     as follows:


                           ``forward funding

       ``Sec. 420. (a) To the end of affording the responsible 
     State, local, and Federal officers adequate notice of 
     available Federal financial assistance for carrying out 
     ongoing education activities and projects, appropriations for 
     grants, contracts, or other payments under any applicable 
     program are authorized to be included in the appropriations 
     Act for the fiscal year preceding the fiscal year during 
     which such activities and projects shall be carried out.
       ``(b) In order to effect a transition to the timing of 
     appropriation action authorized by subsection (a), the 
     application of this section may result in the enactment, in a 
     fiscal year, of separate appropriations for an applicable 
     program (whether in the same appropriations Act or otherwise) 
     for 2 consecutive fiscal years.''.

     SEC. 231. AVAILABILITY OF APPROPRIATIONS.

       (a) The heading for section 421 of the Act (as 
     redesignated) is amended to read as follows: ``availability 
     of appropriations on academic or school-year basis; 
     additional period for expenditure of funds''.
       (b) Section 421 of the Act (as redesignated) is further 
     amended--
       (1) in subsection (b) by striking ``(b) Notwithstanding'' 
     and inserting ``(b)(1) Notwithstanding''; and
       (2) in subsection (c) by striking ``section 3679(d)(2) of 
     the Revised Statutes'' and inserting ``section 1341(a) of 
     title 31 of the United States Code''.

     SEC. 232. CONTINGENT EXTENSION OF PROGRAMS.

       Section 422 of the Act (as redesignated) is amended to read 
     as follows:


                   ``contingent extension of programs

       ``Sec. 422. (a) The authorization of appropriations for, or 
     duration of, an applicable program shall be automatically 
     extended for one additional fiscal year unless Congress, in 
     the regular session that ends prior to the beginning of the 
     terminal fiscal year of such authorization or duration, has 
     passed legislation that becomes law and extends or repeals 
     the authorization or duration of such program.
       ``(b) The amount authorized to be appropriated for the 
     period of automatic extension of an applicable program under 
     subsection (a) shall be the amount that was authorized to be 
     appropriated for that program during its terminal fiscal 
     year.
       ``(c) During the period of automatic extension of an 
     applicable program under subsection (a), the Secretary shall 
     administer such program, including the performance of all 
     required acts and determinations, in the same manner required 
     in the termination fiscal year by the applicable statute.
       ``(d) This section shall not apply to the authorization of 
     appropriations for a commission, council or committee which 
     is required by an applicable statute to terminate on a date 
     certain.''.

     SEC. 233. STATE REPORTS.

       Subpart 2 of part B of the Act is amended by inserting the 
     following new section 424 at the beginning of such subpart.


           ``responsibility of states to furnish information

       ``Sec. 424. (a) Each State educational agency shall submit 
     to the Secretary a report on or before March 15 of every 
     second year. Each such report shall include--
       ``(1) information with respect to the uses of Federal funds 
     in such State in the 2 preceding fiscal years under any 
     applicable program under the jurisdiction of the State 
     educational agency; and
       ``(2) information with respect to the uses of Federal funds 
     in such State in the 2 preceding fiscal years under any 
     Federal program administered by the State that provided 
     grants or contracts to a local educational agency in the 
     State.
       ``(b) Each report submitted as required by subsection (a) 
     shall--
       ``(1) list, with respect to each program for which 
     information is provided, all grants made to and contracts 
     entered into with local educational agencies and other public 
     and private agencies and institutions within the State during 
     each fiscal year concerned;
       ``(2) analyze the information included in the report by 
     local educational agency and by program;
       ``(3) include the total amount of funds available to the 
     State under each such program for each fiscal year concerned; 
     and
       ``(4) be made readily available by the State to local 
     educational agencies and institutions within the State and to 
     the public.
       ``(c) If the Secretary does not receive a report by the 
     date required under subsection (a), or receives an incomplete 
     report, the Secretary, not later than 30 days after such 
     report is required to be submitted, shall take all reasonable 
     measures to obtain the delinquent or incomplete information 
     from the State educational agency.
       ``(d) When the Secretary receives a report required under 
     subsection (a), the Secretary shall provide such information 
     to the National Center for Education Statistics, and shall 
     make such information available, at a reasonable cost, to any 
     individual who requests it.
       ``(e) The Secretary shall consult with the Speaker and 
     Minority Leader of the House of Representatives and the 
     Majority and Minority Leaders of the Senate regarding the 
     costs and feasibility of making the information described in 
     subsection (a) available as part of a telecommunications 
     network that is readily accessible to every member of 
     Congress and other interested parties.
       ``(f) On or before August 15th of each year in which 
     reports are submitted under subsection (a), the Secretary 
     shall submit a report to the Committee on Education and Labor 
     of the House of Representatives and the Committee on Labor 
     and Human Resources of the Senate. Such report shall 
     include--
       ``(1) an analysis of the content and data quality of such 
     reports;
       ``(2) a compilation of statistical data derived from such 
     reports; and
       ``(3) information obtained by the Secretary with respect 
     to--
       ``(A) direct grants made to local educational agencies by 
     the Federal Government; and
       ``(B) contracts entered into between such agencies and the 
     Federal Government.''.

     SEC. 234. BIENNIAL EVALUATION REPORT.

       Section 425 of the Act (as redesignated) is amended to read 
     as follows:


                      ``biennial evaluation report

       ``Sec. 425. Not later than March 31 of each second year 
     beginning with 1995, the Secretary shall transmit to the 
     Committee on Education and Labor of the House of 
     Representatives and the Committee on Labor and Human 
     Resources of the Senate an evaluation report on the 
     effectiveness of applicable programs during the two preceding 
     fiscal years in achieving their legislated purposes. Such 
     report shall--
       ``(1) contain program profiles that include legislative 
     citations, multi-year funding histories, and legislated 
     purposes;
       ``(2) contain recent evaluation information on the progress 
     being made toward the achievement of program objectives, 
     including listings of program performance indicators, data 
     from performance measurement based on the indicators, 
     evaluation information on the costs and benefits of the 
     applicable programs being evaluated.
       ``(3) contain selected significant program activities, such 
     as initiatives for program improvement, regulations, and 
     program monitoring and evaluation;
       ``(4) list the principal analyses and studies supporting 
     the major conclusions in such report; and
       ``(5) be prepared in concise summary form with necessary 
     detailed data and appendices, including available data to 
     indicate the effectiveness of the programs and projects by 
     the race, sex, disability and age of their beneficiaries.''.

     SEC. 235. TECHNICAL AMENDMENT.

       (a) Section 423 of the Act (as redesignated) is amended by 
     striking ``Commissioner'' and inserting ``Secretary''.
       (b) Section 426 of the Act (as redesignated) is amended 
     by--
       (1) striking ``title I of'' and all that follows through 
     ``Congress)'' and inserting ``title VIII of the Elementary 
     and Secondary Education Act of 1965''; and
       (2) striking ``subparagraph (C) of section 3(d)(2) or 
     section 403(1)(C)'' and inserting in lieu thereof ``sections 
     8003(c) or residing on property described in section 
     8012(4)(B)(ii)''.

     SEC. 236. COORDINATION.

       The National Assessment Governing Board, the Advisory 
     Council on Statistics, the National Education Goals Panel, 
     the National Education Statistics and Improvement Council, 
     and any other Board established to analyze, address, or 
     approve standards and assessments shall coordinate and 
     interact with one another in order to ensure that each entity 
     does not duplicate activities to assist States in their 
     efforts to reform their educational systems.

              PART D--ADMINISTRATION OF EDUCATION PROGRAMS

     SEC. 241. JOINT FUNDING OF PROGRAMS.

       Section 430 of the Act (as redesignated) is amended to read 
     as follows:


                      ``joint funding of programs

       ``Sec. 430. (a)(1) The Secretary is authorized to enter 
     into arrangements with other Federal agencies to jointly 
     carry out projects of common interest, to transfer to such 
     agencies funds appropriated under any applicable program, and 
     to receive and use funds from such agencies, for projects of 
     common interest.
       ``(2) Funds so transferred or received shall be used only 
     in accordance with the statutes authorizing the appropriation 
     of such funds, and shall be made available by contract or 
     grant only to recipients eligible to receive such funds under 
     such statutes.
       ``(3) If the Secretary enters into an agreement under this 
     subsection for the administration of a project, the agency 
     administering the project shall use its procedures to award 
     contracts or grants and to administer such awards, unless the 
     parties to the agreement specify the use of procedures of 
     another agency that is a party to the agreement.
       ``(4) If the Secretary has entered into an agreement 
     authorized under subsection (a) of this section and the 
     Secretary and the heads of the other agencies participating 
     in the agreement determine that joint funding is necessary to 
     address a special need consistent with the purposes and 
     authorized activities of each program that provides funding, 
     the Secretary and the heads of the other participating 
     agencies may develop a single set of criteria for jointly 
     funded projects and require each applicant for those projects 
     to submit a single application for review by the 
     participating agencies.
       ``(b) The Secretary may develop the criteria for, and 
     require the submission of, joint applications under two or 
     more applicable programs under which awards are made on a 
     competitive basis, and may jointly review and approve such 
     applications separately from other applications under such 
     programs, when the Secretary determines that such joint 
     awards are necessary to address a special need consistent 
     with the purposes and authorized activities of each such 
     program. An applicant for such a joint award must meet the 
     eligibility requirements of each such program.
       ``(c) The Secretary may not construe the provisions of this 
     section to take precedence over a limitation on joint funding 
     contained in an applicable statute.
       ``(d)(1) The Secretary shall provide notice to the 
     Committee on Education and Labor of the House of 
     Representatives and to the Committee on Labor and Human 
     Resources of the Senate of each joint funding agreement made 
     with other Federal agencies not later than 60 days following 
     the making of such agreements.
       ``(2) Such notice shall include--
       ``(A) a description of the purpose and objectives of the 
     joint funding arrangement;
       ``(B) the amounts and sources, by program, of the funds 
     dedicated to such arrangement; and
       ``(C) the criteria developed to govern the award of 
     contracts and grants.''.

     SEC. 242. COLLECTION AND DISSEMINATION OF INFORMATION.

       Section 431 of the Act (as redesignated) is amended by--
       (1) striking ``(a) The Commissioner'' and inserting ``The 
     Secretary'';
       (2) inserting ``and'' at the end of paragraph (2);
       (3) striking ``; and'' at the end of paragraph (3) and 
     inserting ``.''; and
       (4) striking paragraph (4) and subsections (b) and (c).

     SEC. 243. REVIEW OF APPLICATIONS.

       (a) Section 432 of the Act (as redesignated) is amended--
       (1) in subsection (a)--
       (A) by striking ``Commissioner'' and inserting 
     ``Secretary'';
       (B) by striking ``and in the case of the program provided 
     for in title I of the Elementary and Secondary Education Act 
     of 1965,'';
       (C) in the third sentence thereof, by inserting a comma 
     after ``the hearing''; and
       (D) in the fourth sentence thereof--
       (i) by striking the comma after ``guidelines''; and
       (ii) by inserting a comma after ``program'';
       (2) in subsection (b), by striking ``Commissioner'' each 
     place it appears and inserting ``Secretary''; and
       (3) in subsection (d), by striking ``Commissioner'' each 
     time it appears and inserting ``Secretary'' and by inserting 
     before the period ``or issue such other orders as the 
     Secretary may deem appropriate to achieve such compliance''.
       (b) All statistics and other data collection and analysis 
     reported under this section shall, whenever feasible, be 
     collected cross-tabulated, analyzed, and reported by sex 
     within race or ethnicity and socioeconomic status. In the 
     event that the Secretary determines that such statistics or 
     data collection and analysis reveals no significant 
     differences among such categories, the Secretary shall 
     include in the relevant report incorporating such statistics 
     or data an explanation of such determination.

     SEC. 244. TECHNICAL AMENDMENT.

       Section 434 of the Act (as redesignated) is amended in the 
     first sentence by striking ``the Commissioner'' and ``he'' 
     and inserting ``the Secretary'' in lieu of each.

     SEC. 245. USE OF FUNDS WITHHELD.

       Section 435 of the Act (as redesignated) is amended to read 
     as follows:


                        ``use of funds withheld

       ``Sec. 435. (a) At any time that the Secretary makes an 
     allotment or reallotment to any State under any applicable 
     program, the Secretary shall reduce such allotment or 
     reallotment by such amount as the Secretary determines such 
     allotment or reallotment would have been reduced, had the 
     data on which the allotment or reallotment is based excluded 
     all data relating to local educational agencies of the State 
     that, on the date of the Secretary's action, are ineligible 
     to receive the Federal financial assistance involved because 
     of failure to comply with title VI of the Civil Rights Act of 
     1964, title IX of the Education Amendments of 1972, section 
     504 of the Rehabilitation Act of 1973, or the Age 
     Discrimination Act of 1975.
       ``(b) The Secretary may use any funds withheld under 
     subsection (a)--
       ``(1) to increase the allotments of other local educational 
     agencies within the State, or the allotments of all States, 
     in accordance with the statutes governing the program; or
       ``(2) for grants to local educational agencies of that 
     State in accordance with section 405 of the Civil Rights Act 
     of 1964, or for any other program administered by the 
     Department that is designed to enhance equity in education or 
     redress discrimination on the basis of race, color, national 
     origin, sex, age, or disability.''.

     SEC. 246. APPLICATIONS.

       Section 436 of the Act (as redesignated) is amended by 
     striking ``for three fiscal years'' and inserting ``for more 
     than one fiscal year''.

     SEC. 247. REGULATIONS.

       Section 437 of the Act (as redesignated) is amended--
       (1) in the heading by striking ``: requirements and 
     enforcement'';
       (2) in subsection (a) by--
       (A) striking, in paragraph (1), ``Commissioner'' and 
     inserting ``Secretary''; and
       (B) striking, in paragraph (2), ``Department of Health, 
     Education, and Welfare or the Office of Education, or by an 
     official of such agencies'' and inserting ``Secretary'';
       (3) in subsection (b) by--
       (A) striking ``Commissioner'' each place it appears and 
     inserting ``Secretary''; and
       (B) striking the last sentence of paragraph (2)(B);
       (4) in subsection (d) by--
       (A) striking, in paragraph (1)--
       (i) in the second sentence, ``transmission unless the 
     Congress shall, by concurrent resolution, find that the final 
     regulation is inconsistent with the Act from which it derives 
     its authority, and disapprove such final regulation, in whole 
     or in part'' and insert ``transmission'';
       (ii) the last sentence; and
       (iii) ``(1)'';
       (B) striking paragraph (2);
       (5) by striking subsections (e) and (f); and
       (6) in subsection (g), by striking ``Commissioner'' each 
     place it appears and inserting ``Secretary''.

     SEC. 248. RECORDS; REDUCTION IN RETENTION REQUIREMENTS.

       Section 443 of the Act (as redesignated) is amended--
       (1) in subsection (a)--
       (A) by striking out ``grant, subgrant, contract, 
     subcontract, loan, or other arrangement (other than 
     procurement contracts awarded by an administrative head of an 
     educational agency)'' and inserting in lieu thereof ``grant, 
     subgrant, cooperative agreement, loan or other agreement'';
       (B) by inserting ``financial or programmatic'' immediately 
     before ``audit.''; and
       (C) by striking ``five'' in the last sentence and inserting 
     ``three''; and
       (2) in subsection (b), by striking out ``to any records of 
     a recipient which may be related, or pertinent to, the 
     grants, subgrants, contracts, subcontracts, loans, or other 
     arrangements'' and inserting in lieu thereof ``to any records 
     currently maintained by a recipient that may be related, or 
     pertinent to, grants, subgrants, cooperative agreements, 
     loans, or other arrangements''.

     SEC. 249. RELEASE OF RECORDS.

       Section 444(b)(1)(E) of the Act (as redesignated) is 
     amended to read as follows:
       ``(E) State and local officials or authorities to whom such 
     information is specifically allowed to be reported or 
     disclosed pursuant to State statute adopted--
       ``(i) before November 19, 1974, if the allowed reporting or 
     disclosure concerns the juvenile justice system and its 
     ability to effectively serve the student whose records are 
     released, or
       ``(ii) after November 19, 1974, if--
       ``(I) the allowed reporting or disclosure concerns the 
     juvenile justice system and its ability to effectively serve 
     the student whose records are released, and
       ``(II) the officials and authorities to whom such 
     information is disclosed certify in writing to the 
     educational agency or institution that the information will 
     not be disclosed to any other party except as provided under 
     State law without the prior written consent of the parent.''.

     SEC. 250. PROTECTION OF PUPIL RIGHTS.

       Section 445 of the Act (as redesignated) is amended to read 
     as follows:


                      ``protection of pupil rights

       ``Sec. 445. (a) All instructional materials, including 
     teacher's manuals, films, tapes, or other supplementary 
     material which will be used in connection with any survey, 
     analysis, or evaluation as part of any applicable program 
     shall be available for inspection by the parents or guardians 
     of the children.
       ``(b) No student shall be required, as part of any 
     applicable program, to submit to a survey, analysis, or 
     evaluation that reveals information concerning--
       ``(1) political affiliations;
       ``(2) mental and psychological problems potentially 
     embarrassing to the student or his family;
       ``(3) sex behavior and attitudes;
       ``(4) illegal, antisocial, self-incriminating, and 
     demeaning behavior;
       ``(5) critical appraisals of other individuals with whom 
     respondents have close family relationships;
       ``(6) legally recognized privileged or analogous 
     relationships, such as those of lawyers, physicians, and 
     ministers; or
       ``(7) income (other than that required by law to determine 
     eligibility for participation in a program or for receiving 
     financial assistance under such program),

     without the prior consent of the student (if the student is 
     an adult or emancipated minor), or in the case of an 
     unemancipated minor, without the prior written consent of the 
     parent.
       ``(c) Educational agencies and institutions shall give 
     parents and students effective notice of their rights under 
     this section.
       ``(d) The Secretary shall take such action as the Secretary 
     determines appropriate to enforce this section, except that 
     action to terminate assistance provided under an applicable 
     program shall be taken only if the Secretary determines 
     that--
       ``(1) there has been a failure to comply with such section; 
     and
       ``(2) compliance with such section cannot be secured by 
     voluntary means.
       ``(e) The Secretary shall establish or designate an office 
     and review board within the Department of Education to 
     investigate, process, review, and adjudicate violations of 
     the rights established under this section.''.

     SEC. 251. ENFORCEMENT.

       (a) Section 452 of the Act is amended--
       (1) in the first sentence of paragraph (2) of subsection 
     (a), by striking ``stating'' and all that follows through the 
     end of such sentence and inserting ``establishing a prima 
     facia case for the recovery of funds, including an analysis 
     reflecting the value of the program services actually 
     obtained in a determination of harm to the federal 
     interest.'';
       (2) in the first sentence of paragraph (1) of subsection 
     (b), by striking ``30'' and inserting ``60''; and
       (3) in subsection (d) by--
       (A) striking ``(d) Upon'' and inserting ``(d)(1) Upon'';
       (B) adding a new paragraph (2) as follows:
        ``(2) During the conduct of such review, there shall not 
     be any ex parte contact between the Secretary and individuals 
     representing the Department or the recipient.''.
       (b) Section 459 of the Act is amended--
       (1) in paragraph (1) of subsection (a) by striking ``, and 
     that the recipient is in all other respects in compliance 
     with the requirements of that program''; and
       (2) subsection (c) is amended to read as follows:
       ``(c) Notwithstanding any other provisions of law, the 
     funds made available under this section shall remain 
     available for expenditure for a period of time deemed 
     reasonable by the Secretary, but in no case to exceed more 
     than 3 fiscal years following the later of--
       ``(1) the fiscal year in which final agency action under 
     section 452(e) is taken; or
       ``(2) if such recipient files a petition for judicial 
     review, the fiscal year in which final judical action under 
     section 458 is taken.''.

     SEC. 252. TECHNICAL AMENDMENTS.

       (a) The heading for Part C of the Act is amended by 
     striking ``Commissioner of Education'' and inserting 
     ``Secretary''.
       (b) Section 434 of the Act (as redesignated) is amended in 
     the second sentence thereof, by inserting ``is made'' after 
     ``such determination''.
       (c) Section 436 of the Act (as redesignated) is amended by 
     striking ``Commissioner'' each place it appears and inserting 
     ``Secretary''.
       (d)(1) The heading of section 440 of the Act (as 
     redesignated) is amended by striking ``educational''.
       (2) Section 440 of the Act (as redesignated) is amended--
       (A) by striking ``Commissioner'' each place it appears and 
     inserting ``Secretary''; and
       (B) by inserting ``(c)'' before the last sentence and by 
     deleting ``paragraph (3)'' in such sentence and inserting 
     ``subsection (b)(3)''.
       (e) Section 441 of the Act (as redesignated) is amended--
       (1) by striking ``Commissioner'' each place it appears and 
     inserting ``Secretary''; and
       (2) in subsection (a)--
       (A) by striking the comma after ``submits a plan''; and
       (B) by striking ``(subject, in the case of programs under 
     chapter 1 and chapter 2 of title I of the Elementary and 
     Secondary Education Act of 1965, to the provisions of title V 
     of such Act)''.
       (f) Section 442 of the Act (as redesignated) is amended--
       (1) in subsection (a), by striking ``that local education 
     agency'' and inserting ``that local educational agency''; and
       (2) in subsection (b)--
       (A) in paragraph (2), by inserting a comma after 
     ``program'';
       (B) in paragraph (4), by striking ``Commissioner'' each 
     place it appears and inserting ``Secretary''; and
       (C) in paragraph (7), by striking ``handicapped 
     individuals'' and inserting ``individuals with 
     disabilities''.
       (g) Section 444 of the Act (as redesignated) is amended--
       (1) in subsection (a)(4)(B)(ii), by striking the period at 
     the end thereof and inserting a semicolon;
       (2) in subsection (b)--
       (A) in paragraph (1)(C), by striking ``(iii) an 
     administrative head of an education agency (as defined in 
     section 408(c)), or (iv)'' and inserting ``or (iii)'';
       (B) in paragraph (1)(H), by striking ``1954'' and inserting 
     ``1986''; and
       (C) in paragraph (3)--
       (i) by striking ``(C) an administrative head of an 
     education agency or (D)'' and inserting ``or (C)''; and
       (ii) by striking ``education program'' and inserting 
     ``education programs'';
       (3) in subsection (d), by inserting a comma after 
     ``education'';
       (4) in subsection (f)--
       (A) by striking ``The Secretary, or an administrative head 
     of an education agency,'' and inserting ``The Secretary'';
       (B) by striking ``provisions of'' after ``enforce'';
       (C) by striking ``according to the provisions of'' and 
     inserting ``in accordance with''; and
       (D) by striking ``the provisions of'' after ``with''; and
       (5) in subsection (g)--
       (A) by striking ``Health, Education, and Welfare'' and 
     inserting ``Education''; and
       (B) by striking ``the provisions of''.

     SEC. 253. EQUITY FOR STUDENTS, TEACHERS, AND OTHER PROGRAM 
                   BENEFICIARIES.

       The Act is further amended by inserting after section 426 
     (as redesignated) a new section 427 to read as follows:


    ``equity for students, teachers, and other program beneficiaries

       ``Sec. 427. (a) The purpose of this section is to assist 
     the Department in implementing its mission to ensure equal 
     access to education and to promote educational excellence 
     throughout the Nation, by ensuring equal opportunities to 
     participate for all eligible students, teachers, and other 
     program beneficiaries in any project or activity carried out 
     under an applicable program and promoting their ability to 
     meet high standards.
       ``(b) The Secretary shall require each applicant for 
     assistance under an applicable program (other than an 
     individual) to develop and describe in its application the 
     steps it proposes to take to ensure equitable access to, and 
     equitable participation in, the project or activity to be 
     conducted with such assistance, by addressing the special 
     needs of students, teachers, and other program beneficiaries 
     in order to overcome barriers to equitable participation, 
     including barriers based on gender, race, color, national 
     origin, disability, and age.
       ``(c) The Secretary may establish criteria and provide 
     technical assistance for meeting the requirements of this 
     section.
       ``(d) Nothing in this section is intended to alter in any 
     way the rights or responsibilities established under the 
     statutes cited in section 400(d) of this Act.''.

                PART E--RELATED AMENDMENTS TO OTHER ACTS

     SEC. 261. DEPARTMENT OF EDUCATION ORGANIZATION ACT

       The Department of Education Organization Act is amended--
       (1) by repealing sections 414 and 427;
       (2) by redesignating sections 209, 210, 211, 212, 214, 215, 
     303, 304, 305, 306, 307, 415, 416, 417, 418, 419, 420, 421, 
     422, 423, 424, 425, 426, and 428 as sections 208, 209, 210, 
     211, 212, 213, 302, 303, 304, 305, 306, 414, 415, 416, 417, 
     418, 419, 420, 421, 422, 423, 424, 425, and 426;
       (3) the table of contents is amended to read as follows:

                          ``TABLE OF CONTENTS

``Sec. 1. Short title; table of contents.

                     ``TITLE I--GENERAL PROVISIONS

``Sec. 101. Findings.
``Sec. 102. Purposes.
``Sec. 103. Federal-State Relationships.
``Sec. 104. Definitions.

              ``TITLE II--ESTABLISHMENT OF THE DEPARTMENT

``Sec. 201. Establishment.
``Sec. 202. Principal officers.
``Sec. 203. Office for Civil Rights.
``Sec. 204. Office of Elementary and Secondary Education.
``Sec. 205. Office of Postsecondary Education.
``Sec. 206. Office of Vocational and Adult Education.
``Sec. 207. Office of Special Education and Rehabilitative Services.
``Sec. 208. Office of Educational Research and Improvement.
``Sec. 209. Office of Bilingual Education and Minority Languages 
              Affairs.
``Sec. 210. Office of General Counsel.
``Sec. 211. Office of Inspector General.
``Sec. 212. Office of Correctional Education.
``Sec. 213. Federal Interagency Committee on Education.

            ``TITLE III--TRANSFERS OF AGENCIES AND FUNCTIONS

``Sec. 301. Transfers from the Department of Health, Education, and 
              Welfare.
``Sec. 302. Transfers from the Department of Labor.
``Sec. 303. Transfers of programs from the National Science Foundation.
``Sec. 304. Transfers from the Department of Justice.
``Sec. 305. Transfers from the Department of Housing and Urban 
              Development.
``Sec. 306. Effect of transfers.

                 ``TITLE IV--ADMINISTRATIVE PROVISIONS

                     ``Part A--Personnel Provisions

``Sec. 401. Officers and employees.
``Sec. 402. Experts and consultants.
``Sec. 403. Personnel reduction and annual limitations.

              ``Part B--General Administrative Provisions

``Sec. 411. General authority.
``Sec. 412. Delegation.
``Sec. 413. Reorganization.
``Sec. 414. Contracts.
``Sec. 415. Regional and field offices.
``Sec. 416. Acquisition and maintenance of property.
``Sec. 417. Facilities at remote locations.
``Sec. 418. Use of facilities.
``Sec. 419. Copyrights and patents.
``Sec. 420. Gifts and bequests.
``Sec. 421. Technical advice.
``Sec. 422. Working capital fund.
``Sec. 423. Funds transfer.
``Sec. 424. Seal of department.
``Sec. 425. Annual report.
``Sec. 426. Authorization of appropriations.

      ``TITLE V--TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS

``Sec. 501. Transfer and allocation of appropriations and personnel.
``Sec. 502. Effect on personnel.
``Sec. 503. Agency terminations.
``Sec. 504. Incidental transfers.
``Sec. 505. Savings provisions.
``Sec. 506. Separability.
``Sec. 507. Reference.
``Sec. 508. Amendments.
``Sec. 509. Redesignation.
``Sec. 510. Coordination of programs affecting handicapped individuals.
``Sec. 511. Transition.

          ``TITLE VI--EFFECTIVE DATE AND INTERIM APPOINTMENTS

``Sec. 601. Effective date.
``Sec. 602. Interim appointments.''.

       (4) in section 202(b), by inserting after paragraph (2) the 
     following:
       ``(3) There shall be in the Department, a Special Assistant 
     for Gender Equity who shall be appointed by the Secretary. 
     The Special Assistant shall promote, coordinate, and evaluate 
     gender equity programs, including the dissemination of 
     information, technical assistance, coordination of research 
     activities, and the administration of grant programs. The 
     Special Assistant shall report directly to the Secretary, and 
     shall perform such additional functions as the Secretary 
     shall prescribe.''.
                  TITLE III--AMENDMENTS TO OTHER ACTS

 PART A--AMENDMENTS TO THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT

     SEC. 311. ALLOCATIONS UNDER SECTION 611 OF THE IDEA.

        (a) Grant Amounts.--Section 611(a) of the Individuals with 
     Disabilities Education Act (referred to in this title as the 
     ``IDEA'') is amended--
       (1) by amending paragraph (1) to read as follows:
       ``(1) Except as provided in paragraph (5), the maximum 
     amount of the grant for which a State is eligible under this 
     section for any fiscal year is--
       ``(A) the sum of--
       ``(i) the number of children with disabilities in the 
     State, aged six through 21, who are receiving special 
     education and related services, as determined under paragraph 
     (3); and
       ``(ii) the number of such children in the State, aged three 
     through five, if the State is eligible for a grant under 
     section 619; multiplied by
       ``(B) 40 percent of the average per-pupil expenditure in 
     public elementary and secondary schools in the United 
     States.'';
       (2) by amending paragraph (2) to read as follows:
       ``(2) For the purpose of this section, the term `State' 
     means each of the 50 States, the District of Columbia, and 
     the Commonwealth of Puerto Rico.''; and
       (3) in paragraph (5)(A)--
       (A) in clause (i)--
       (i) by striking ``and the State'' and inserting ``or the 
     combined percentage of such children counted by the Secretary 
     for the purpose of making fiscal year 199-- allocations under 
     this section and under subpart 2 of part D of chapter 1 of 
     title I of the Elementary and Secondary Education Act of 
     1965, as in effect the day before the date of the enactment 
     of the Improving America's Schools Act of 1994, whichever is 
     greater, if the State''; and
       (ii) by inserting ``and'' at the end thereof;
       (B) in clause (ii)--
       (i) by striking ``and the State'' and inserting ``or the 
     combined percentage of such children counted by the Secretary 
     for the purpose of making fiscal year 1994 allocations under 
     this section and under subpart 2 of part D of chapter 1 of 
     title I of the Elementary and Secondary Education Act of 
     1965, as in effect the day before the date of the enactment 
     of the Improving America's Schools Act of 1994, whichever is 
     greater, if the State''; and
       (ii) by striking out the semicolon and ``and'' at the end 
     thereof and inserting in lieu thereof a period; and
       (C) by striking out clause (iii).
       (b) Amount Received.--Section 611(b) of the IDEA is amended 
     to read as follows:
       ``(b)(1) Notwithstanding subsections (a) and (g) of this 
     section, no State shall receive an amount under this section 
     for any of the fiscal years 1995 through 1999 that is less 
     than the combined amount it received for fiscal year 1994 
     under--
       ``(A) this section; and
       ``(B) subpart 2 of part D of chapter 1 of title I of the 
     Elementary and Secondary Education Act of 1965 as in effect 
     the day before the date of the enactment of the Improving 
     America's Schools Act of 1994, for children with disabilities 
     aged three through 21.
       ``(2) If, for fiscal year 1998 or 1999, the number of 
     children determined under subsection (a)(3) for any State is 
     less than the total number of children with disabilities, 
     aged three through 21, counted for such State's fiscal year 
     1994 grants under this section and under subpart 2 of part D 
     of chapter 1 of title I of the Elementary and Secondary 
     Education Act of 1965, as in effect the day before the date 
     of the enactment of the Improving America's Schools Act of 
     1994, the amount determined under paragraph (1) for such 
     State shall be reduced by the same percentage by which the 
     number of such children so declined.
       ``(3) In any fiscal year in which the amount appropriated 
     for grants under this section is less, in real dollar terms, 
     than the amount appropriated in the immediate preceding 
     fiscal year, the amount for each State under this subsection 
     will be reduced proportionately.''.
       (c) Uses of Funds.--Section 611(c) of the IDEA is amended--
       (1) by amending paragraph (1) to read as follows:
       ``(1) Of the funds received under subsection (a) by any 
     State for any fiscal year--
       ``(A) the State may use up to 25 percent in accordance with 
     paragraph (2); and
       ``(B) except as provided in paragraph (4), the State shall 
     distribute at least 75 percent to local educational agencies 
     and intermediate educational units, in accordance with 
     subsection (d), for use in accordance with priorities 
     established under section 612(3).'';
       (2) in paragraph (2), by amending subparagraph (A) to read 
     as follows:
       ``(A) From the funds that any State may use under paragraph 
     (1)(A) for any fiscal year, the State--
       ``(i) may use 5 percent of the funds received under this 
     section or $450,000, whichever is greater, for administrative 
     costs related to carrying out sections 612 and 613; and
       ``(ii) shall use the remainder--
       ``(I) to provide support services and direct services, 
     subject to subparagraph (B), in accordance with priorities 
     established under section 612(3); and
       ``(II) for the administrative costs of monitoring and 
     complaint investigation, but only to the extent that such 
     costs exceed the costs of administration incurred during 
     fiscal year 1985.''.
       (d) State Funds.--Section 611(d) of the IDEA is amended to 
     read as follows:
       ``(d)(1) From the total amount of funds available for any 
     fiscal year under subsection (c)(1)(B), the State shall 
     provide to each local educational agency or intermediate 
     educational unit an amount that bears the same ratio to such 
     total amount as the number of children, aged 3 through 21, 
     determined under subsection (a)(3) for such agency or unit 
     bears to the total number of such children determined for all 
     such agencies and units that apply for such funds.
       ``(2)(A) To the extent necessary, the State--
       ``(i) shall use funds available under subsection 
     (c)(2)(A)(ii) to ensure that each State-owned or State-
     operated school or program or State-supported school or 
     program that received fiscal year 1994 funds under subpart 2 
     of part D of chapter 1 of title I of the Elementary and 
     Secondary Education Act of 1965 receives, from the 
     combination of such funds and funds provided under paragraph 
     (1), an amount equal to--
       ``(I) the number of children, aged 6 through 21, determined 
     under subsection (a)(3) for such agency; multiplied by
       ``(II) the per-child amount provided under such subpart for 
     fiscal year 1994; and
       ``(ii) may use such funds to ensure that each local 
     educational agency that received fiscal year 1994 funds under 
     such subpart for children who had transferred from a State-
     owned, State-operated, or State-supported school or program 
     assisted under such subpart receives, from the combination of 
     such funds and funds provided under paragraph (1), an amount 
     for each such child, aged 3 through 21, determined under 
     subsection (a)(3) for such agency, equal to the per-child 
     amount the agency received under such subpart for fiscal year 
     1994.
       ``(B) For the purpose of subparagraph (A), the number of 
     children determined under subsection (a)(3) for any State 
     agency or local educational agency shall not exceed the 
     number of children aged 3 through 21 for whom such agency 
     received funds under such subpart for such fiscal year.
       ``(3) In any fiscal year in which the amount appropriated 
     for grants under this section is less, in real dollar terms, 
     than the amount appropriated in the preceding fiscal year, 
     the amount for each State under this subsection will be 
     reduced proportionately.''.
       (e) Jurisdiction.--Section 611(e)(1) of the IDEA is amended 
     to read as follows:
       ``(1) The jurisdictions to which this subsection applies 
     are Guam, American Samoa, the Virgin Islands, the 
     Commonwealth of the Northern Mariana Islands, and Palau 
     (until the effective date of the Compact of Free Association 
     with the Government of Palau).''.
       (f) Possible Ratable Reduction.--Section 611(g) of the IDEA 
     is amended to read as follows:
       ``(g)(1)(A) If the sums appropriated under subsection (h) 
     for any fiscal year are not sufficient to pay in full the 
     total of the amounts that all States are eligible to receive 
     under subsection (a), each such amount shall be ratably 
     reduced.
       ``(B) If additional funds become available for making such 
     payments for any fiscal year, such reduced amounts shall be 
     increased on the same basis as they were reduced.
       ``(C) Any State that receives any such additional funds 
     shall distribute them in accordance with this section, except 
     that any State that has used funds available under subsection 
     (c)(2)(A)(ii) for the purposes described in subsection (d)(2) 
     may--
       ``(i) deduct, from the amount that it would otherwise be 
     required to make available to local educational agencies and 
     intermediate educational units, the same amount of such 
     additional funds as it so used; and
       ``(ii) use such funds in accordance with subsection 
     (c)(2)(A)(ii).
       ``(2)(A) In any fiscal year for which payments have been 
     reduced and additional funds have not been made available 
     under paragraph (1) to pay in full the amounts for which all 
     States are eligible under this section, each State 
     educational agency shall fix dates by which each local 
     educational agency or intermediate educational unit shall 
     report to the State agency the amount of funds available to 
     it under this section that it estimates it will expend.
       ``(B) The State educational agency shall, in accordance 
     with this section, reallocate any funds that it determines 
     will not be used during the period of availability by such 
     local educational agencies and intermediate educational 
     units, and by any such agency or unit to which such funds 
     would be available if it applied for them under this part, to 
     such local educational agencies and intermediate educational 
     units that the State educational agency determines will need, 
     and be able to use, additional funds to carry out approved 
     programs.''.

     SEC. 312. TREATMENT OF CHAPTER 1 STATE AGENCIES.

       Part B of the IDEA is further amended by inserting after 
     section 614 the following new section:


                ``TREATMENT OF CHAPTER 1 STATE AGENCIES

       ``Sec. 614A. (a) For the purpose of making payments under 
     sections 611 and 619 of this Act, any State agency that 
     received funds for fiscal year 1994 under subpart 2 of part D 
     of chapter 1 of title I of the Elementary and Secondary 
     Education Act of 1965 shall be treated as if it were a local 
     educational agency.
       ``(b) The State educational agency shall ensure that each 
     State agency that owns or operates or supports a program or 
     school for children with disabilities with funds under this 
     part--
       ``(1) provides each child with a disability in such school 
     or program a free appropriate public education in accordance 
     with this part, including the due process protections of 
     section 615, as if it were a local educational agency; and
       ``(2) has on file with the State educational agency an 
     application that meets the requirements of section 614 that 
     the Secretary finds appropriate.
       ``(c) Section 611(c)(4) shall not apply with respect to a 
     State agency that is eligible for a payment under this part 
     by virtue of this section.''.

     SEC. 313. INFANTS AND TODDLERS WITH DISABILITIES.

       (a) Allotments.--Section 684(c) of the IDEA is amended--
       (1) by redesignating paragraph (2) as paragraph (5); and
       (2) by striking paragraph (1) and inserting paragraphs (1) 
     through (4) to read as follows:
       ``(1) Except as provided in paragraphs (3) and (4), from 
     the funds remaining for each fiscal year after the 
     reservation and payments under subsections (a) and (b), the 
     Secretary shall first allot to each State an amount that 
     bears the same ratio to the amount of such remainder as the 
     number of infants and toddlers in the State bears to the 
     number of infants and toddlers in all States.
       ``(2) For fiscal year 1995 only, the Secretary shall allot 
     $34,000,000 of the remaining funds described in paragraph (1) 
     among the States in proportion to the relative numbers of 
     infants and toddlers who--
       ``(A) are counted on December 1, 1994; and
       ``(B) would have been eligible to be counted under section 
     1221(c)(1) of the Elementary and Secondary Education Act of 
     1965 as in effect before the enactment of the Improving 
     America's Schools Act of 1994.
       ``(3) Except as provided in paragraph (4), no State shall 
     receive an amount under this section for any fiscal year that 
     is less than the greater of--
       ``(A) one-half of one percent of the remaining amount 
     described in paragraph (1), not including any amounts 
     allotted under paragraph (2); or
       ``(B) $500,000.
       ``(4)(A) No State shall receive an amount under this 
     section for any of the fiscal years 1995 through 1999 that is 
     less than the combined amount it received for fiscal year 
     1994 under--
       ``(i) this part; and
       ``(ii) subpart 2 of part D of chapter 1 of title I of the 
     Elementary and Secondary Education Act of 1965 for children 
     with disabilities from birth through age two.
       ``(B) If, for fiscal year 1998 or 1999, the number of 
     infants and toddlers in any State, as determined under 
     paragraph (1), is less than the number of infants and 
     toddlers so determined for fiscal year 1994, the amount 
     determined under subparagraph (A) for that State shall be 
     reduced by the same percentage by which the number of those 
     infants and toddlers so declined.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect beginning in fiscal year 1995.

           PART B--EDUCATION FOR HOMELESS CHILDREN AND YOUTH

     SEC. 320. AMENDMENTS TO TABLE OF CONTENTS.

       Section 101 of the Stewart B. McKinney Homeless Assistance 
     Act is amended by striking subtitles A and B of title VII and 
     inserting the following:

             ``Subtitle A--Adult Education for the Homeless

``Sec. 701. State literacy initiatives

        ``Subtitle B--Education for Homeless Children and Youth

``Sec. 721. Statement of policy.
``Sec. 722. Grants for state and local activities for the education of 
              homeless children and youth.
``Sec. 723. Local educational agency grants for the education of 
              homeless children and youth.
``Sec. 724. Secretarial responsibilities.
``Sec. 725. Definitions.
``Sec. 726. Authorization of appropriations.''.

     SEC. 321. STATEMENT OF POLICY.

       Subtitle A of title VII of the Stewart B. McKinney Homeless 
     Assistance Act is amended to read as follows:
             ``Subtitle A--Adult Education for the Homeless

     ``SEC. 701. STATE LITERACY INITIATIVES.

       ``(a) General Authority.--(1) The Secretary of Education is 
     authorized to make grants to State educational agencies to 
     enable each such agency to implement, either directly or 
     through contracts and grants, a program of literacy training 
     and academic remediation for adult homeless individuals 
     within the State, which program shall--
       ``(A) include outreach activities; and
       ``(B) be coordinated with other agencies or organizations, 
     such as community-based organizations, nonprofit literacy-
     action organizations, and funding recipients under the Adult 
     Education Act, title II of the Job Training Partnership Act, 
     the Youth Fair Chance program under title IV of the Job 
     Training Partnership Act, the Volunteers in Service to 
     America program under the Domestic Volunteers Service Act, 
     part C of this title, or the Job Opportunity and Basic Skills 
     program under the Social Security Act.
       ``(2) The Secretary of Education shall, in awarding grants 
     under this section, give special consideration to the 
     estimates submitted in the application submitted under 
     subsection (b) and make such awards in whatever amounts he or 
     she determines would best serve the purposes of this section.
       ``(b) Application.--Each State educational agency desiring 
     to receive a grant under this section shall submit to the 
     Secretary of Education an application at such time, in such 
     manner, and containing such information as the Secretary may 
     reasonably require. Each such application shall include an 
     estimate of the number of homeless individuals in the State 
     and the number of such individuals expected to be served.
       ``(c) Authorization of Appropriations.--For the purpose of 
     carrying out the adult literacy and academic remediation 
     programs authorized by this section, there are authorized to 
     be appropriated such sums as may be necessary for each of the 
     fiscal years 1995 through 1999.
       ``(d) Definition.--As used in this section, the term 
     `State' means each of the 50 States, the District of 
     Columbia, the Commonwealth of Puerto Rico, the Virgin 
     Islands, Guam, American Samoa, the Commonwealth of the 
     Northern Mariana Islands, and Palau (until the effective date 
     of the Compact of Free Association with the Government of 
     Palau).''.

     SEC. 322. EDUCATION FOR HOMELESS CHILDREN AND YOUTH.

       Subtitle B of title VII of the Stewart B. McKinney Homeless 
     Assistance Act is amended to read as follows:
        ``Subtitle B--Education for Homeless Children and Youth

     ``SEC. 721. STATEMENT OF POLICY.

       ``It is the policy of the Congress that--
       ``(1) each State educational agency shall ensure that each 
     child of a homeless individual and each homeless youth has 
     equal access to the same free, appropriate public education, 
     including a public preschool education, as provided to other 
     children and youth;
       ``(2) in any State that has a compulsory residency 
     requirement as a component of its compulsory school 
     attendance laws or other laws, regulations, practices, or 
     policies that may act as a barrier to the enrollment, 
     attendance, or success in school of homeless children and 
     youth, the State will review and undertake steps to revise 
     such laws, regulations, practices, or policies to ensure that 
     homeless children and youth are afforded the same free, 
     appropriate public education as provided to other children 
     and youth;
       ``(3) homelessness alone should not be sufficient reason to 
     separate students from the mainstream school environment; and
       ``(4) homeless children and youth should have access to the 
     education and other services that they need to ensure that 
     they have an opportunity to meet the same challenging State 
     performance standards to which all students are held.

     ``SEC. 722. GRANTS FOR STATE AND LOCAL ACTIVITIES FOR THE 
                   EDUCATION OF HOMELESS CHILDREN AND YOUTH.

       ``(a) General Authority.--The Secretary is, in accordance 
     with the provisions of this section, authorized to make 
     grants to States to carry out the activities described in 
     subsections (d), (e), (f), and (g).
       ``(b) Application.--No State may receive a grant under this 
     section unless the State educational 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.
       ``(c) Allocation and Reservations.--(1) Subject to 
     paragraph (2) and section 724(c), from the amounts 
     appropriated for each fiscal year pursuant to section 726, 
     the Secretary is authorized to allot to each State an amount 
     that bears the same ratio to the amount appropriated in each 
     such year as the amount allocated under section 1122 of the 
     Elementary and Secondary Education Act of 1965 to the State 
     in that year bears to the total amount allocated to all 
     States, except that no State shall receive less than 
     $100,000.
       ``(2)(A) The Secretary is authorized to reserve 0.1 percent 
     of the amount appropriated for each fiscal year pursuant to 
     section 726 to be allocated by the Secretary among the Virgin 
     Islands, Guam, American Samoa, the Commonwealth of the 
     Northern Mariana Islands, and Palau (until the effective date 
     of the Compact of Free Association with the Government of 
     Palau), according to their respective need, as determined by 
     the Secretary.
       ``(B)(i) The Secretary is authorized to transfer one 
     percent of the amount appropriated for each fiscal year under 
     section 726 to the Department of the Interior for programs 
     for Indian students served by schools funded by the Secretary 
     of the Interior, as determined under the Indian Self-
     Determination and Education Assistance Act, that are 
     consistent with the purposes of this Act.
       ``(ii) The Secretary and the Secretary of the Interior 
     shall enter into an agreement, consistent with the 
     requirements of this part, for the distribution and use of 
     these funds under terms that the Secretary determines best 
     meet the purposes of the covered programs. Such agreement 
     shall set forth the plans of the Secretary of the Interior 
     for the use of the amounts transferred, including appropriate 
     goals, objectives, and milestones.
       ``(3) As used in this subsection, the term `State' shall 
     not include the Virgin Islands, Guam, American Samoa, the 
     Commonwealth of the Northern Mariana Islands, or Palau.
       ``(d) Activities.--Grants under this section shall be 
     used--
       ``(1) to carry out the policies set forth in section 721 in 
     the State;
       ``(2) to provide activities for, and services to, homeless 
     children, including preschool-aged children, and homeless 
     youth that enable such children and youth to enroll in, 
     attend, and succeed in school, or, if appropriate, in 
     preschool programs;
       ``(3) to establish or designate an Office of Coordinator of 
     Education of Homeless Children and Youth in the State 
     educational agency in accordance with subsection (f);
       ``(4) to prepare and carry out the State plan described in 
     subsection (g); and
       ``(5) to develop and implement professional development 
     programs for school personnel to heighten their awareness of, 
     and capacity to respond to, specific problems in the 
     education of homeless children and youth.
       ``(e) State and Local Grants.--(1)(A) Subject to 
     subparagraph (B), if the amount allotted to the State 
     educational agency for any fiscal year under this subtitle 
     exceeds the amount such agency received for fiscal year 1990 
     under this subtitle, such agency shall provide grants to 
     local educational agencies for purposes of section 723.
       ``(B) The State educational agency may reserve not more 
     than the greater of five percent of the amount it receives 
     under this subtitle for any fiscal year, or the amount such 
     agency received under this subtitle for fiscal year 1990, to 
     conduct activities under subsection (f) directly or through 
     grants or contracts.
       ``(2) If the amount allotted to a State educational agency 
     for any fiscal year under this subtitle is less than the 
     amount such agency received for fiscal year 1990 under this 
     subtitle, such agency, at its discretion, may provide such 
     grants or may conduct activities under subsection (f) 
     directly or through grants or contracts.
       ``(f) Functions of the Office of Coordinator.--The 
     Coordinator of Education of Homeless Children and Youth 
     established in each State shall--
       ``(1) estimate the number of homeless children and youth in 
     the State and the number of such children and youth served 
     with assistance provided under the grants under this 
     subtitle;
       ``(2) gather, to the extent possible, reliable, valid, and 
     comprehensive information on the nature and extent of the 
     problems homeless children and youth have in gaining access 
     to public preschool programs and to public elementary and 
     secondary schools, the difficulties in identifying the 
     special needs of such children and youth, any progress made 
     by the State educational agency and local educational 
     agencies in the State in addressing such problems and 
     difficulties, and the success of the program under this 
     subtitle in allowing homeless children and youth to enroll 
     in, attend, and succeed in school;
       ``(3) develop and carry out the State plan described in 
     subsection (g);
       ``(4) prepare and submit to the Secretary not later than 
     October 1, 1997, and on October 1 of every third year 
     thereafter, a report on the information gathered pursuant to 
     paragraphs (1) and (2) and such additional information as the 
     Secretary may require to carry out responsibilities under 
     this subtitle;
       ``(5) facilitate coordination between the State educational 
     agency, the State social services agency, and other agencies 
     providing services to homeless children and youth and their 
     families, including children who are preschool age; and
       ``(6) develop relationships and coordinate with other 
     relevant education, child development, or preschool programs 
     and providers of services to homeless children, homeless 
     families, and runaway and homeless youth (including domestic 
     violence agencies, shelter operators, transitional housing 
     facilities, runaway and homeless youth centers, and 
     transitional living programs for homeless youth), to improve 
     the provision of comprehensive services to homeless children 
     and youth and their families.
       ``(g) State Plan.--(1) Each State shall submit to the 
     Secretary a plan to provide for the education of homeless 
     children and youth within the State, which plan shall 
     describe how such children and youth are or will be given the 
     opportunity to meet the same challenging State performance 
     standards all students are expected to meet, shall describe 
     the procedures the State educational agency will use to 
     identify such children and youth in the State and to assess 
     their special needs, and shall--
       ``(A) describe procedures for the prompt resolution of 
     disputes regarding the educational placement of homeless 
     children and youth;
       ``(B) describe programs for school personnel (including 
     principals, attendance officers, teachers and enrollment 
     personnel), to heighten the awareness of such personnel of 
     the specific needs of runaway and homeless youth;
       ``(C) describe procedures that ensure that homeless 
     children and youth who meet the relevant eligibility criteria 
     are able to participate in Federal, State, or local food 
     programs;
       ``(D) describe procedures that ensure that--
       ``(i) homeless children have equal access to the same 
     public preschool programs, administered by the State agency, 
     as provided to other children; and
       ``(ii) homeless children and youth who meet the relevant 
     eligibility criteria are able to participate in Federal, 
     State, or local before- and after-school care programs;
       ``(E) address problems set forth in the report provided to 
     the Secretary under subsection (f)(4);
       ``(F) address other problems with respect to the education 
     of homeless children and youth, including problems caused 
     by--
       ``(i) transportation issues; and
       ``(ii) enrollment delays that are caused by--
       ``(I) immunization requirements;
       ``(II) residency requirements;
       ``(III) lack of birth certificates, school records, or 
     other documentation; or
       ``(IV) guardianship issues;
       ``(G) demonstrate that the State and local educational 
     agencies in the State have developed, and will review and 
     revise, policies to remove barriers to the enrollment and 
     retention of homeless children and youth in schools in the 
     State; and
       ``(H) contain an assurance that the State educational 
     agency and local educational agencies in the State will adopt 
     policies and practices to ensure that homeless children and 
     youth are not isolated or stigmatized.
       ``(2) Each plan adopted under this subsection shall also 
     show how the State will ensure that local educational 
     agencies in the State will comply with the requirements of 
     paragraphs (3) through (9).
       ``(3)(A) The local educational agency that serves each 
     homeless child and youth shall, according to the child's or 
     youth's best interest, either--
       ``(i) continue the child's or youth's education in the 
     school of origin--
       ``(I) for the remainder of the academic year; or
       ``(II) in any case in which a family becomes homeless 
     between academic years, for the following academic year; or
       ``(ii) enroll the child or youth in any public school that 
     nonhomeless students who live in the attendance area in which 
     the child or youth is actually living are eligible to attend.
       ``(B) In determining the best interests of the child or 
     youth under subparagraph (A), the local educational agency 
     shall comply, to the extent possible, with the request made 
     by a parent or guardian regarding school selection.
       ``(C) For purposes of this paragraph, the term `school of 
     origin' means the school that the child or youth attended 
     when permanently housed, or the school in which the child or 
     youth was last enrolled.
       ``(D) The choice regarding placement shall be made 
     regardless of whether the child or youth lives with the 
     homeless parents or has been temporarily placed elsewhere by 
     the parents.
       ``(4) Each homeless child or youth shall be provided 
     services comparable to services offered to other students in 
     the school selected according to the provisions of paragraph 
     (3), including--
       ``(A) transportation services;
       ``(B) educational services for which the child or youth 
     meets the eligibility criteria, such as services provided 
     under title I of the Elementary and Secondary Education Act 
     of 1965 or similar State or local programs, educational 
     programs for children with disabilities, and educational 
     programs for students with limited-English proficiency;
       ``(C) programs in vocational education;
       ``(D) programs for gifted and talented students; and
       ``(E) school meals programs.
       ``(5) Any record ordinarily kept by the school, including 
     immunization records, academic records, birth certificates, 
     guardianship records, and evaluations for special services or 
     programs, of each homeless child or youth shall be 
     maintained--
       ``(A) so that the records are available, in a timely 
     fashion, when a child or youth enters a new school district; 
     and
       ``(B) in a manner consistent with section 438 of the 
     General Education Provisions Act.
       ``(6) Each local educational agency serving homeless 
     children and youth that receives assistance under this 
     subtitle shall coordinate with local social services agencies 
     and other agencies or programs providing services to such 
     children or youth and their families, including services and 
     programs funded under the Runaway and Homeless Youth Act.
       ``(7)(A) Each local educational agency in a State that 
     receives a grant under this subtitle shall designate a 
     homelessness liaison to ensure that--
       ``(i) homeless children and youth enroll and succeed in the 
     schools of such agency; and
       ``(ii) homeless families, children, and youth receive 
     educational services for which they are eligible, including 
     preschool programs administered by the local educational 
     agency, and referrals to health care services, dental 
     services, mental health services, and other appropriate 
     services.
       ``(B) State coordinators and local educational agencies 
     shall inform school personnel, service providers, and 
     advocates working with homeless families of the duties of the 
     liaisons.
       ``(8) Each State and local educational agency shall review 
     and revise any policies that may act as barriers to the 
     enrollment of homeless children and youth in schools selected 
     in accordance with paragraph (3). In reviewing and revising 
     such policies, consideration shall be given to issues 
     concerning transportation, immunization, residency, birth 
     certificates, school records, and other documentation, and 
     guardianship. Special attention shall be given to ensuring 
     the enrollment and attendance of homeless children and youth 
     who are not currently attending school.

     ``SEC. 723. LOCAL EDUCATIONAL AGENCY GRANTS FOR THE EDUCATION 
                   OF HOMELESS CHILDREN AND YOUTH.

       ``(a) General Authority.--(1) The State educational agency 
     shall, in accordance with section 722(e) and with amounts 
     made available to such agency under section 726, make grants 
     to local educational agencies for the purpose of facilitating 
     the enrollment, attendance, and success in school of homeless 
     children and youth.
       ``(2) Unless otherwise specified, services under paragraph 
     (1) may be provided through programs on school grounds or at 
     other facilities. Where services are provided through 
     programs to homeless students on school grounds, schools may 
     provide services to other children and youth who are 
     determined by the local educational agency to be at risk of 
     failing in, or dropping out of, schools, on an incidental 
     basis. To the maximum extent practicable, services shall be 
     provided through existing programs and mechanisms that 
     integrate homeless individuals with nonhomeless individuals.
       ``(3) Services provided under this section are not intended 
     to replace the regular academic program and shall be designed 
     to expand upon or improve services provided as part of the 
     school's regular academic program.
       ``(b) Application.--A local educational agency that desires 
     to receive a grant under this section shall submit an 
     application to the State educational agency at such time, in 
     such manner, and containing or accompanied by such 
     information as the State educational agency may reasonably 
     require according to guidelines issued by the Secretary. Each 
     such application shall include--
       ``(1) a description of the services and programs for which 
     assistance is sought and the problems to be addressed through 
     the provision of such services and programs;
       ``(2) an assurance that the local educational agency's 
     combined fiscal effort per student or the aggregate 
     expenditures of that agency and the State with respect to the 
     provision of free public education by such agency for the 
     preceding fiscal year was not less than 90 percent of such 
     combined fiscal effort or aggregate expenditures for the 
     second preceding fiscal year;
       ``(3) an assurance that the applicant complies with, or 
     will use requested funds to come into compliance with, 
     paragraphs (3) through (9) of section 722(g); and
       ``(4) a description of policies and procedures that the 
     agency will implement to ensure that activities carried out 
     by the agency will not isolate or stigmatize homeless 
     children and youth.
       ``(c) Awards.--(1) The State educational agency shall, in 
     accordance with section 722(g) and with amounts made 
     available to such agency under section 726, award grants 
     under this section to local educational agencies submitting 
     an application under subsection (b) on the basis of the need 
     of such agencies.
       ``(2) In determining need under paragraph (1), the State 
     educational agency may consider the number of homeless 
     children and youth enrolled in preschool, elementary, and 
     secondary schools within the area served by the agency, and 
     shall consider the needs of such children and youth and the 
     ability of the agency to meet such needs. Such agency may 
     also consider--
       ``(A) the extent to which the proposed use of funds would 
     facilitate the enrollment, retention, and educational success 
     of homeless children and youth;
       ``(B) the extent to which the application reflects 
     coordination with other local and State agencies that serve 
     homeless children and youth, as well as the State plan 
     required by section 722(g);
       ``(C) the extent to which the applicant exhibits in the 
     application and in current practice a commitment to education 
     for all homeless children and youth; and
       ``(D) such other criteria as the agency determines 
     appropriate.
       ``(3) Grants awarded under this section shall be for terms 
     not to exceed three years.
       ``(d) Authorized Activities.--(1) A local educational 
     agency may use funds awarded under this section for 
     activities to carry out the purpose of this subtitle, 
     including--
       ``(A) the provision of tutoring and accelerated instruction 
     and enriched educational services that are linked to the 
     achievement of the same challenging standards the State 
     establishes for other children or youth;
       ``(B) the provision of expedited evaluations of the 
     strengths and needs of homeless children and youth, including 
     needs and eligibility for programs and services (such as 
     educational programs for gifted and talented students, 
     children with disabilities, and students with limited-English 
     proficiency, services provided under title I of the 
     Elementary and Secondary Education Act of 1965 or similar 
     State or local programs, programs in vocational education, 
     and school meals programs);
       ``(C) professional development and other activities for 
     educators and other school personnel that is designed to 
     heighten the understanding and sensitivity of such personnel 
     to the needs of homeless children and youth, the rights of 
     such children and youth under this Act, and the specific 
     educational needs of runaway and homeless youth;
       ``(D) the provision of referral services to homeless 
     children and youth for medical, dental, mental, and other 
     health services;
       ``(E) the provision of assistance to defray the excess cost 
     of transportation for students pursuant to sections 722(g)(4) 
     or 722(g)(9), not otherwise provided through Federal, State, 
     or local funding, where necessary to enable students to 
     attend the school selected under section 722(g)(3);
       ``(F) the provision of developmentally appropriate early 
     childhood education programs, not otherwise provided through 
     Federal, State, or local funding, for preschool-aged 
     children;
       ``(G) the provision of before- and after-school, mentoring, 
     and summer programs for homeless children and youth in which 
     a teacher or other qualified individual provides tutoring, 
     homework assistance, and supervision of educational 
     activities;
       ``(H) where necessary, the payment of fees and other costs 
     associated with tracking, obtaining, and transferring records 
     necessary to enroll homeless children and youth in school, 
     including birth certificates, immunization records, academic 
     records, guardianship records, and evaluations for special 
     programs or services;
       ``(I) the provision of education and training to the 
     parents of homeless children and youth about the rights of, 
     and resources available to, such children and youth;
       ``(J) the development of coordination between schools and 
     agencies providing services to homeless children and youth, 
     including programs funded under the Runaway and Homeless 
     Youth Act;
       ``(K) the provision of counseling (including violence 
     prevention counseling), social work, and psychological 
     services, and referrals for such services;
       ``(L) activities to address the particular needs of 
     homeless children and youth that may arise from domestic 
     violence;
       ``(M) the adaptation of space and purchase of supplies for 
     nonschool facilities made available under subsection (a)(2) 
     to provide services under this subsection;
       ``(N) the provision of school supplies; and
       ``(O) the provision of other extraordinary or emergency 
     assistance needed to enable homeless children and youth to 
     attend school.

     ``SEC. 724. SECRETARIAL RESPONSIBILITIES.

       ``(a) Review of Plans.--In reviewing the State plans 
     submitted by the State educational agencies under section 
     722(g), the Secretary shall use a peer review process and 
     shall evaluate whether State laws, policies, and practices 
     described in such plans adequately address the problems of 
     homeless children and youth relating to access to education 
     and placement as described in such plans.
       ``(b) Technical Assistance.--The Secretary shall provide 
     support and technical assistance to the State educational 
     agencies to assist such agencies to carry out their 
     responsibilities under this subtitle.
       ``(c) Evaluation and Dissemination.--The Secretary shall 
     conduct evaluation and dissemination activities of programs 
     designed to meet the educational needs of homeless elementary 
     and secondary school students, and may use funds appropriated 
     under section 726 to conduct such activities.
       ``(d) Submission and Distribution.--The Secretary shall 
     require applications for grants under this subtitle to be 
     submitted to the Secretary not later than the expiration of 
     the 60-day period beginning on the date that funds are 
     available for purposes of making such grants and shall make 
     such grants not later than the expiration of the 120-day 
     period beginning on such date.
       ``(e) Determination by Secretary.--The Secretary, based on 
     the information received from the States and information 
     gathered by the Secretary under subsection (d), shall 
     determine the extent to which State educational agencies are 
     ensuring that each homeless child and homeless youth has 
     access to a free appropriate public education as described in 
     section 721(1).
       ``(f) Reports.--The Secretary shall prepare and submit a 
     report to the Committee on Education and Labor of the House 
     of Representatives and the Committee on Labor and Human 
     Resources of the Senate on the programs and activities 
     authorized by this subtitle by December 31, 1997, and every 
     third year thereafter.

     ``SEC. 725. DEFINITIONS.

       ``For the purpose of this subtitle, unless otherwise 
     stated--
       ``(1) the term `Secretary' means the Secretary of 
     Education; and
       ``(2) the term `State' means each of the 50 States, the 
     District of Columbia, and the Commonwealth of Puerto Rico.

     ``SEC. 726. AUTHORIZATION OF APPROPRIATIONS.

       ``For the purpose of carrying out this subtitle, there are 
     authorized to be appropriate $30,000,000 for fiscal year 1995 
     and such sums as may be necessary for each of the fiscal 
     years 1996, 1997, 1998, and 1999.''.

                      PART C--IMPACT AID STATUTES

     SEC. 331. AMENDMENTS TO PUBLIC LAW 815.

       (a) Section 2.--Section 2 of the Act of September 23, 1950 
     (Public Law 815, 81st Congress; 20 U.S.C. 632) is amended to 
     read as follows:

     ``SEC. 2. PORTION OF APPROPRIATIONS AVAILABLE FOR PAYMENTS.

       ``For each fiscal year the Secretary shall distribute the 
     funds appropriated in accordance with section 1 which shall 
     be available for carrying out the provisions of sections 5, 
     9, 10, and 14. The funds provided under section 1 for the 
     schools serving military dependents and Indian lands shall be 
     divided equally between section 5 and section 14 of this Act. 
     Funds provided under section 5 of this Act shall be divided 
     equally between the priority categories of section 1(a)(1) 
     and 1(a)(2) of this Act.''.
       (b) Section 3.--Section 3 of such Act (20 U.S.C. 633) is 
     amended to read as follows:

     ``SEC. 3. ESTABLISHMENT OF PRIORITIES.

       ``Applications for construction or modification projects 
     provided for under this Act must be filed by June 30 of the 
     fiscal year prior to the year in which funds are first 
     requested. The Secretary shall use the following order of 
     priority in approving applications under section 5 and funded 
     in accordance with section 1(a)(1) and section 1(a)(2) of 
     this Act. The priority of payment of application under 
     section 1(a)(1) shall be based on the highest percentage of 
     number of children in need of minimum school facilities. The 
     priority of payment of applications under section 1(a)(2) 
     shall be based on the highest percentage of federally 
     connected students eligible for payment. The Secretary shall 
     use the priorities stated in this section in approving 
     applications in the event the funds appropriated under 
     section 1 of this title and remaining available on any such 
     date for payment to local educational agencies are less than 
     the Federal share of the cost of the projects with respect to 
     which applications have been filed prior to such date (and 
     for which funds under section 1 have not already been 
     obligated). Only applications meeting the conditions for 
     approval under this Act (other than section 6(b)(2)(C)) shall 
     be considered applications for purposes of the preceding 
     sentence. Such order of priority shall provide that 
     applications payments based upon increases in the number of 
     children residing on, or residing with a parent employed on 
     property which is party of a low-rent housing project 
     assisted under the United States Housing Act of 1937 shall 
     not be approved for any fiscal year until all other 
     applications under paragraph (2) of subsection (a) of section 
     5 have been approved for the fiscal year.''.
       (c) Section 5.--Section 5 of such Act (20 U.S.C. 635) is 
     amended to read as follows:

     ``SEC. 5. LIMITATION ON TOTAL PAYMENTS TO ANY LOCAL 
                   EDUCATIONAL AGENCY.

       ``(a) Subject to the limitations in subsection (c) the 
     total of the payments to a local educational agency under 
     this Act may not exceed the sum of--
       ``(1) the estimated increase, since the base year, in the 
     number of children determined with respect to such agency who 
     live on Federal property and have a parent who works on 
     Federal property multiplied by 100 percent of the average per 
     pupil cost of constructing minimum school facilities in the 
     State in which the school district of such agency is 
     situated; and
       ``(2) the estimated increase, since the base year, in the 
     number of children determined with respect to such agency who 
     have a parent who lives on or works on Federal property 
     multiplied by 50 percent of such cost;
       ``(3) In computing for any local educational agency the 
     number of children in an increase under paragraph (1) or (2), 
     the estimated number of children described in such paragraph 
     who will be in the membership of the schools of such agency 
     at the close of the increase period shall be compared with 
     the estimated number of such children in average daily 
     membership of the schools of such agency during the base 
     year. However, the base year average daily membership shall 
     be adjusted to exclude the number of children that formed the 
     basis for previous payments on applications approved 30 or 
     more years prior to the close of the increased period for the 
     current application.
       ``(b) If two of the paragraphs of subsection (a) apply to a 
     child, the local educational agency shall elect which of such 
     paragraphs shall apply to such child, except that, 
     notwithstanding the election of a local educational agency to 
     have paragraph (2) apply to a child instead of paragraph (1), 
     the determination of the maximum amount for such agency under 
     subsection (a) shall be made without regard to such election.
       ``(c) A local educational agency shall not be eligible to 
     have any amount included in its maximum by reason of 
     paragraphs (1), (2), and (3) of subsection (a) unless the 
     increase in children referred to in such paragraph is at 
     least 20, and in the case of paragraphs (1), (2), and (3) of 
     subsection (a), is--
       ``(1) equal to at least 6 percent of the number of 
     federally connected children who were in the average daily 
     membership of the schools of such agency during the base 
     year, or
       ``(2) at least 750,

     whichever is the lesser.
       ``(d) Notwithstanding the provisions of subsection (c) of 
     this section, whenever and to the extent that, in his 
     judgment, exceptional circumstances exist which make such 
     action necessary to avoid inequity and avoid defeating the 
     purposes of the Act, the Secretary may waive or reduce the 
     minimum number requirement or any percentage requirement or 
     requirements in subsection (c).
       ``(e) In determining under this section the total of the 
     payments which may be made to a local educational agency on 
     the basis of any application, the total number of children 
     counted for purposes of paragraph (1) or (2), as the case may 
     be, of subsection (a) may not exceed--
       ``(1) the number of children whose membership at the close 
     of the increase period for the application is compared with 
     average daily membership in the base period for purposes of 
     that paragraph, provided that the base year average daily 
     membership does not include any children which formed the 
     basis of payment in the applications approved 30 or more 
     years ago, minus
       ``(2) the number of such children whose membership at the 
     close of the increase period was compared with membership in 
     the base year for purposes of such paragraph under the last 
     previous application, provided the application was funded 
     within the last 4 years, if any, of the agency on the basis 
     of which any payments have been or may be made to that 
     agency.''.
       (d) Section 6.--Section 6 of such Act (20 U.S.C. 636) is 
     amended by adding at the end the following new subsection:
       ``(d) If the application has not been funded within the 3-
     year period, the local educational agency must recertify 
     their need to have the application remain active.''.

     SEC. 332. REPEAL OF PUBLIC LAW 874.

       The Act of September 30, 1950 (Public Law 874, 81st 
     Congress; 20 U.S.C. 236 et seq.) is hereby repealed.

               PART D--AMENDMENTS TO ADULT EDUCATION ACT

     SEC. 335. AMENDMENTS TO ADULT EDUCATION ACT.

       (a) Section 342(c)(11) of the Adult Education Act is 
     amended by inserting ``Even Start,'' after ``1963,''.
       (b) Section 384(n) is amended by striking ``and 1995'' and 
     inserting ``1995, and 1996''.

          PART E--AMENDMENTS TO EDUCATION COUNCIL ACT OF 1991

     SEC. 341. FINDINGS.

       Section 201 of the Education Council Act of 1991 (hereafter 
     in this Act referred to as the ``Act'') is amended--
       (1) by amending paragraph (2) to read as follows:
       ``(2) the writing problem has been magnified by the rapidly 
     changing student populations in the Nation's schools and the 
     growing number of students who are at risk because of 
     limited-English proficiency;'';
       (2) in paragraph (6)--
       (A) by inserting ``writing and reading are both fundamental 
     to learning, yet writing has been historically neglected in 
     the schools and colleges, and'' before ``most''; and
       (B) by striking the comma before ``have'';
       (3) by amending paragraph (10) to read as follows:
       ``(10) the National Writing Project has become a model for 
     programs to improve teaching in such other fields as 
     mathematics, science, history, literature, performing arts, 
     and foreign languages;'';
       (4) by amending paragraph (15) to read as follows:
       ``(15) each year over 100,000 teachers voluntarily seek 
     training in National Writing Project intensive summer 
     institutes and workshops and school-year in-service programs 
     through one of the 154 regional sites located in 45 States, 
     the Commonwealth of Puerto Rico, and in 4 sites that serve 
     United States teachers teaching in United States dependent 
     and independent schools;'';
       (5) by striking paragraph (17);
       (6) by redesignating paragraph (18) as paragraph (17);
       (7) in paragraph (17) (as redesignated in paragraph (6)), 
     by striking the period at the end thereof and inserting a 
     semicolon; and
       (8) by adding at the end the following new paragraphs:
       ``(18) independent evaluation studies have found the 
     National Writing Project to be highly cost effective compared 
     to other professional development programs for teachers; and
       ``(19) during 1991, the first year of Federal support for 
     the National Writing Project, the National Writing Project 
     matched the $1,951,975 in Federal support with $9,485,504 in 
     matching funds from State, local, and other sources.''.

     SEC. 342. NATIONAL WRITING PROJECT.

       Section 202 of the Act is amended--
       (1) in subsection (d)--
       (A) in paragraph (3)--
       (i) by striking the subparagraph designation ``(A)''; and
       (ii) by striking subparagraph (B); and
       (B) by striking paragraph (4);
       (2) in subsection (e)--
       (A) in the matter preceding subparagraph (A) of paragraph 
     (1), by striking ``to enable'' and inserting ``to pay the 
     Federal share of the cost of enabling''; and
       (B) by adding at the end the following new paragraph:
       ``(4) Federal share.--For the purpose of this subsection 
     the term `Federal share' means, with respect to the costs of 
     activities assisted under this subsection, 50 percent of such 
     costs to the elementary or secondary school teacher.'';
       (3) by amending subsection (g) to read as follows:
       ``(g) Evaluation.--
       ``(1) In general.--The Secretary shall conduct an 
     independent evaluation of the teacher training programs 
     assisted under this section. Such evaluation shall specify 
     the amount of funds expended by the National Writing Project 
     and each contractor receiving assistance under this section. 
     The results of such evaluation shall be made available to the 
     appropriate committees of the Congress.
       ``(2) Funding limitation.--The Secretary shall reserve not 
     more than $150,000 from the total amount appropriated 
     pursuant to the authority of subsection (i) for fiscal year 
     1994 and the 4 succeeding fiscal years to conduct the 
     evaluation described in paragraph (1).'';
       (4) by amending subsection (h) to read as follows:
       ``(h) Research and Development Activities.--
       ``(1) Grants authorized.--From amounts appropriated 
     pursuant to the authority of subsection (i)(2), the National 
     Writing Project shall make grants to individuals and 
     institutions of higher education that either have 
     participated in a National Writing Project institute or are 
     institutions designated as National Writing Project sites, to 
     enable such individuals and institutions to conduct research 
     activities involving the teaching of writing.
       ``(2) Application review.--The National Writing Project 
     shall establish and operate a National Review Board that 
     shall consist of--
       ``(A) leaders in the field of research in writing; and
       ``(B) such other individuals as the National Writing 
     Project deems necessary.
       ``(3) Duties.--The National Review Board shall--
       ``(A) review all applications for assistance under this 
     subsection; and
       ``(B) recommended applications for assistance under this 
     subsection for funding by the National Writing Project.
       ``(4) Junior researcher priority and funding rule.--(A) In 
     awarding grants pursuant to paragraph (1), the National 
     Writing Project shall give priority to awarding such grants 
     to junior researchers.
       ``(B) The National Writing Project shall award not less 
     than 25 percent of the funds received pursuant to subsection 
     (i)(2) to junior researchers.
       ``(5) Availability of findings.--The National Writing 
     Project shall make available to the Secretary and to the 
     network of National Writing Project sites the findings of the 
     research conducted pursuant to the authority of paragraph 
     (1).''; and
       (5) in subsection (i)--
       (A) in paragraph (1)--
       (i) by striking ``1991'' and inserting ``1994''; and
       (ii) by striking ``fiscal years 1992 and 1993'' and 
     inserting ``each of the 4 succeeding fiscal years''; and
       (B) by amending paragraph (2) to read as follows:
       ``(2) Research and development.--In each fiscal year in 
     which the amount appropriated pursuant to the authority of 
     paragraph (1) equals or exceeds $10,000,000, there are 
     authorized to be appropriated $500,000 to carry out the 
     provisions of subsection (h).''.
                TITLE IV--NATIONAL EDUCATION STATISTICS

     SEC. 401. SHORT TITLE.

       This title may be cited as the ``National Education 
     Statistics Act of 1994''.

     SEC. 402. FINDINGS; PURPOSE; DEFINITIONS.

       (a) Findings.--The Congress finds that--
       (1) a Department of Education was established in 1867 ``for 
     the purpose of collecting such statistics and facts as shall 
     show the condition and progress of education in the several 
     States and territories, and of diffusing such information 
     respecting the organization and management of schools and 
     school systems and methods of teaching as shall aid the 
     people of the United States in the establishment and 
     maintenance of efficient school systems, and otherwise 
     promote the cause of education throughout the country'';
       (2) today, while the role of the current Department of 
     Education is much broader, the National Center for Education 
     Statistics within the Department's Office of Educational 
     Research and Improvement continues to perform those crucial 
     original purposes; and
       (3) looking to the 21st century, the National Center for 
     Education Statistics must be able to design and undertake, 
     effectively and efficiently, statistical activities that will 
     aid in reform of the Nation's educational systems.
       (b) Purpose.--It is the purpose of this title to ensure the 
     continuation of an effective mechanism for collecting and 
     reporting statistics and information showing the condition 
     and progress of education in the United States and other 
     nations in order to promote and accelerate the improvement of 
     American education.
       (c) Definitions.--For the purpose of this title, the term--
       (1) ``Assistant Secretary'' means the Assistant Secretary 
     for Educational Research and Improvement, provided for under 
     section 202(b)(1)(E) of the Department of Education 
     Organization Act;
       (2) ``Department'' means the Department of Education;
       (3) ``institution of higher education'' has the same 
     meaning given such term in section 1201 of the Higher 
     Education Act of 1965;
       (4) ``local educational agency'' has the same meaning given 
     such term in section 9101(13) of the Elementary and Secondary 
     Education Act of 1965;
       (5) ``Secretary'' means the Secretary of Education;
       (6) ``State educational agency'' has the same meaning given 
     such term in section 9101(20) of the Elementary and Secondary 
     Education Act of 1965; and
       (7) ``United States'' and ``State'' mean--
       (A) other than for the purpose of section 411, each of the 
     50 States, the District of Columbia, and the Commonwealth of 
     Puerto Rico; and
       (B) for the purpose of section 411, mean the same as in 
     subparagraph (A) and include Guam, American Samoa, the Virgin 
     Islands, the Commonwealth of the Northern Mariana Islands, 
     and the Republic of Palau (until the effective date of the 
     Compact of Free Association with the Government of Palau).

     SEC. 403. NATIONAL CENTER FOR EDUCATION STATISTICS.

       (a) Establishment.--There is established, within the Office 
     of Educational Research and Improvement established under 
     section 209 of the Department of Education Organization Act, 
     a National Center for Education Statistics (the ``Center'').
       (b) Commissioner and Associate Commissioners.--(1) The 
     Center shall be headed by a Commissioner of Education 
     Statistics (the ``Commissioner'') who shall be appointed by 
     the President, by and with the advice and consent of the 
     Senate, and who shall--
       (A) have substantial knowledge of programs encompassed by 
     the Center;
       (B) be paid in accordance with section 5315 of title 5, 
     United States Code; and
       (C) serve for a term of 4 years, with the terms to expire 
     every fourth June 21, beginning in 1995.
       (2) The Commissioner may appoint such Associate 
     Commissioners as the Commissioner determines are necessary 
     and appropriate.

     SEC. 404. DUTIES OF THE CENTER.

       (a) Duties.--The duties of the Center are to collect, 
     analyze, and disseminate statistics and other information 
     related to education in the United States and in other 
     nations, including--
       (1) collecting, acquiring, compiling (where appropriate, on 
     a State by State basis), and disseminating full and complete 
     statistics on the condition and progress of education, at the 
     preschool, elementary, secondary, and postsecondary levels in 
     the United States, including data on--
       (A) State and local school reform activities;
       (B) student achievement and other educational outcomes at 
     all levels of education;
       (C) out of school youth and adults;
       (D) teachers, administrators, counselors, and other 
     educational personnel at all levels of education;
       (E) the learning and teaching environment;
       (F) financing and management of education; and
       (G) the socioeconomic status of children;
       (2) conducting and publishing reports and analyses of the 
     meaning and significance of such statistics;
       (3) conducting longitudinal studies, as well as regular and 
     special surveys and data collections, necessary to report on 
     the condition and progress of education;
       (4) collecting, analyzing, cross-tabulating, and reporting, 
     to the extent feasible, so as to provide information by 
     gender, race, socioeconomic status, limited-English 
     proficiency, and other population characteristics when such 
     disaggregated information would facilitate educational and 
     policy decisionmaking;
       (5) assisting public and private educational agencies, 
     organizations, and institutions in improving and automating 
     statistical and data collection activities; and
       (6) acquiring and disseminating data on educational 
     activities and student achievement in the United States 
     compared with foreign nations.
       (b) Training Program.--The Commissioner may establish a 
     program to train employees of public and private educational 
     agencies, organizations, and institutions in the use of the 
     Center's standard statistical procedures and concepts and may 
     establish a fellows program to appoint such employees as 
     temporary fellows at the Center in order to assist the Center 
     in carrying out its duties.

     SEC. 405. PERFORMANCE OF DUTIES.

       (a) In General.--In carrying out the duties under this 
     title, the Commissioner may enter into grants, contracts, and 
     cooperative agreements.
       (b) Gathering Information.--(1) The Commissioner may use 
     the statistical method known as sampling to carry out the 
     purpose of this title.
       (2) The Commissioner may, as the Commissioner considers 
     appropriate, use information collected--
       (A) from States, local educational agencies, public and 
     private schools, preschools, institutions of higher 
     education, libraries, administrators, teachers, students, the 
     general public, and such other individuals, organizations, 
     agencies, and institutions as the Commissioner may consider 
     appropriate; and
       (B) by other offices within the Department and by other 
     Federal departments, agencies, and instrumentalities.
       (3) The Commissioner may--
       (A) enter into interagency agreements for the collection of 
     statistics;
       (B) arrange with an agency, organization, or institution 
     for the collection of statistics; and
       (C) assign employees of the Center to any such agency, 
     organization, or institution to assist in such collection.
       (4) In order to maximize the effectiveness of Federal 
     efforts to serve the educational needs of children and youth, 
     the Commissioner shall--
       (A) provide technical assistance to Department offices that 
     gather data for statistical purposes; and
       (B) coordinate closely with other Department offices in the 
     collection of data.

     SEC. 406. REPORTS.

       (a) Report on the Condition and Progress of Education.--The 
     Commissioner shall, no later than June 1 of each year, submit 
     to the President and the Congress a statistical report 
     regarding the condition and progress of education in the 
     United States.
       (b) Statistical Reports.--The Commissioner shall issue 
     regular statistical reports to the President and Congress on 
     such education topics as the Commissioner determines to be 
     appropriate.
       (c) Special Reports.--The Commissioner may, whenever the 
     Commissioner considers it appropriate, issue special reports 
     on particular education topics.

     SEC. 407. ADVISORY COUNCIL ON EDUCATION STATISTICS.

       (a) Establishment.--There is established, within the 
     Center, the Advisory Council on Education Statistics 
     (referred to in this title as the ``Council'').
       (b) Membership.--(1) The Council shall be composed of--
       (A) 18 voting members who are users of education data and 
     who are appointed by the Secretary on the basis of their 
     experience and eminence within the field, of whom at least--
       (i) 3 shall be practicing educators at the preschool, 
     elementary, or secondary level;
       (ii) 3 shall be education policymakers;
       (iii) 3 shall be professional statisticians;
       (iv) 3 shall be education researchers; and
       (v) 3 shall be experts in educational measurement;
       (B) 3 individuals representing the general public, 
     appointed by the Secretary;
       (C) the Director of the Census and the Commissioner of 
     Labor Statistics, as voting, ex officio members; and
       (D) the Assistant Secretary and the Commissioner, as 
     nonvoting, ex officio members.
       (2) The Commissioner shall appoint the presiding officer of 
     the Council from among the voting members.
       (3) Members of the Council appointed under paragraph (1)(A) 
     shall be appointed for 3-year terms except that, in the case 
     of initial appointments, the Secretary shall make 
     appointments for shorter terms to the extent necessary to 
     avoid the expiration of the terms of more than 6 members in 
     the same calendar year.
       (4)(A) The Council shall meet in public session at the call 
     of the presiding officer, except that it shall meet--
       (i) at least 2 times during each calendar year; and
       (ii) in addition, whenever 10 voting members request in 
     writing that the presiding officer call a meeting.
       (B) 11 voting members of the Council shall constitute a 
     quorum.
       (5) The Council shall--
       (A) review general policies for the operation of the Center 
     and shall advise the Commissioner on standards to ensure that 
     statistics and other information disseminated by the Center 
     are of high quality and are not subject to partisan political 
     influence;
       (B) advise the Commissioner on matters related to the 
     National Assessment of Education Progress, including--
       (i) the development of student performance goals;
       (ii) assessment design and development;
       (iii) analysis, reporting, and dissemination of data;
       (iv) interstate, regional, and national comparisons of 
     data; and
       (v) recommendations for the improvement of such Assessment.
       (6) The Council shall appoint a staff to enable the Council 
     to carry out its duties.

     SEC. 408. CONFIDENTIALITY.

       (a) General.--(1)(A) The Center shall develop and enforce 
     standards designed to protect the confidentiality of persons 
     in the collection, reporting, and publication of data under 
     this section.
       (B) This section shall not be construed to protect the 
     confidentiality of information about institutions, 
     organizations, and agencies that receive grants from, or have 
     contracts or cooperative agreements with, the Federal 
     Government.
       (2) No person may--
       (A) use any individually identifiable information furnished 
     under this title for any purpose other than a statistical 
     purpose;
       (B) make any publication whereby the data furnished by any 
     particular person under this title can be identified; or
       (C) permit anyone other than the individuals authorized by 
     the Commissioner to examine the individual reports.
       (b) Administration.--(1)(A) No department, bureau, agency, 
     officer, or employee of the Government, except the 
     Commissioner in carrying out the purposes of this title, 
     shall require, for any reason, copies of reports that have 
     been filed under this title with the Center or retained by 
     any individual respondent.
       (B) Copies of such reports that have been so filed or 
     retained with the Center or any of its employees, 
     contractors, or agents shall be immune from legal process, 
     and shall not, without the consent of the individual 
     concerned, be admitted as evidence or used for any purpose in 
     any action, suit, or other judicial or administrative 
     proceeding.
       (C) This paragraph shall apply only to individually 
     identifiable information (as defined in paragraph (5)(A)).
       (2) Whoever, being or having been an employee or staff 
     member of the Department, having taken or subscribed the oath 
     of office, or having sworn to observe the limitations imposed 
     by subsection (a)(2), knowingly publishes or communicates any 
     individually identifiable information (as defined in 
     paragraph (5)(A)), the disclosure of which is prohibited by 
     subsection (a)(2), and that comes into such individual's 
     possession by reason of employment (or otherwise providing 
     services) under this title, shall be found guilty of a class 
     E felony and imprisoned for not more than 5 years, or fined 
     as specified in 18 U.S.C. 3571, or both.
       (3) The Commissioner may utilize temporary staff, including 
     employees of Federal, State, or local agencies or 
     instrumentalities including local educational agencies, and 
     employees of private organizations to assist the Center in 
     performing its responsibilities, but only if such temporary 
     staff are sworn to observe the limitations imposed by this 
     section.
       (4) No collection of information or data acquisition 
     activity undertaken by the Center shall be subject to any 
     review, coordination, or approval procedure except as 
     required by the Director of the Office of Management and 
     Budget under the rules and regulations established pursuant 
     to chapter 35 of title 44, United States Code, except such 
     collection of information or data acquisition activity may be 
     subject to review or coordination if the Commissioner 
     determines that such review or coordination would be 
     beneficial.
       (5) For the purposes of this section--
       (A) the term ``individually identifiable information'' 
     means any record, response form, completed survey, or 
     aggregation thereof from which information about individuals 
     may be revealed; and
       (B) the term ``report'' means a response provided by or 
     about an individual to an inquiry from the Center and does 
     not include a statistical aggregation from which individually 
     identifiable information cannot be revealed.
       (6) This paragraph shall not apply to--
       (A) the survey required by section 1303(c) of the Higher 
     Education Amendments of 1986; or
       (B) to any longitudinal study concerning access, choice, 
     persistence progress, or attainment in postsecondary 
     education.
       (7) Any person who uses any data provided by the Center, in 
     conjunction with any other information or technique, to 
     identify any individual student, teacher, administrator, or 
     other individual and who knowingly discloses, publishes, or 
     uses for a purpose other than a statistical purpose, or who 
     otherwise violates subsection (a)(2)(A) or (B), shall be 
     found guilty of a class E felony and imprisoned for not more 
     than 5 years, or fined as specified in section 3571 of title 
     18 of the United States Code, or both.
       (8) Nothing in this section shall restrict the right of the 
     Secretary, the Comptroller General of the United States, the 
     Director of the Congressional Budget Office, and the 
     Librarian of Congress to gain access to any reports or other 
     records, including information identifying individuals, in 
     the Center's possession, except that the same restrictions on 
     disclosure that apply to the Center under subsection (b)(1) 
     and (7) shall apply.

     SEC. 409. DISSEMINATION.

       (a) General Requests.--(1) The Center may furnish 
     transcripts or copies of tables and other statistical records 
     and make special statistical compilations and surveys for 
     State and local officials, public and private organizations, 
     and individuals.
       (2) The Center shall provide State and local educational 
     agencies opportunities to suggest the development of 
     particular compilations of statistics, surveys, and analyses 
     that would assist such educational agencies.
       (b) Congressional Requests.--The Center shall furnish such 
     special statistical compilations and surveys as the Congress 
     may request.
       (c) Joint Statistical Projects.--The Secretary may engage 
     in joint statistical projects related to the purposes of this 
     Act or other statistical purposes authorized by law with 
     nonprofit organizations or agencies, and the cost of such 
     projects shall be shared equitably as determined by the 
     Secretary.
       (d) Fees.--(1) Statistical compilations and surveys under 
     this section, other than those carried out pursuant to 
     subsections (b) and (c), may be made subject to the payment 
     of the actual or estimated cost of such work.
       (2) All funds received in payment for work or services 
     described in this paragraph shall be deposited in a separate 
     account that may be used to pay directly the costs of such 
     work or services, to repay appropriations that initially bore 
     all or part of such costs, or to refund excess sums when 
     necessary.
       (e) Access.--(1) The Center shall cooperate with other 
     Federal agencies having a need for educational data in 
     providing access to educational data received by the Center.
       (2) The Center shall, in accordance with such terms and 
     conditions as the Secretary may prescribe, provide all 
     interested parties, including public and private agencies and 
     individuals, direct access to data collected by the Center 
     for the purposes of research and acquiring statistical 
     information.

     SEC. 410. COOPERATIVE EDUCATION STATISTICS SYSTEMS.

       The Commissioner shall establish 1 or more national 
     cooperative education statistics systems for the purpose of 
     producing and maintaining, with the cooperation of the 
     States, comparable and uniform information and data on 
     elementary and secondary education, postsecondary education, 
     and libraries that are useful for policymaking at the 
     Federal, State, and local levels. In carrying out this 
     section, the Commissioner may provide technical assistance 
     and make grants and enter into contracts and cooperative 
     agreements.

     SEC. 411. NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS.

       (a) Establishment.--The Commissioner shall, with the advice 
     of the Council established by section 407, carry out, through 
     grants, contracts, or cooperative agreements with 1 or more 
     qualified organizations, or consortia thereof, a National 
     Assessment of Educational Progress (the ``National 
     Assessment'').
       (b) Purpose; Contents.--(1) The purpose of the National 
     Assessment is to provide a fair and accurate presentation of 
     educational achievement in reading, writing, and other 
     subjects that are included in National Education Goal Three.
       (2) The Commissioner, in carrying out the National 
     Assessment, shall use sampling techniques that produce data 
     that are representative on a national and regional basis and 
     on a State basis pursuant to paragraph (3). In addition, the 
     Commissioner shall--
       (A) collect and report data on a periodic basis, but at 
     least once every 2 years, on students at ages 9, 13, and 17 
     and in grades 4, 8, and 12 in public and private schools;
       (B) report achievement data on a basis that ensures valid 
     and reliable trend reporting;
       (C) include information on special groups; and
       (D) ensure that achievement data are made available on a 
     timely basis following official reporting, in a manner that 
     facilitates further analysis.
       (3)(A)(i) The Commissioner, in carrying out the National 
     Assessment, may conduct State assessments of student 
     achievement in grades 4, 8, and 12.
       (ii) Each such State assessment, in each subject area and 
     at each grade level shall be conducted on a trial basis.
       (B)(i) States wishing to participate in State assessments 
     shall enter into an agreement with the Secretary pursuant to 
     subsection (d)(2).
       (ii) Such agreement shall contain information sufficient to 
     give States full information about the process for consensus 
     decisionmaking on objectives to be tested, and of the 
     standards for sampling, test administration, test security, 
     data collection, validation, and reporting.
       (C) A participating State shall review and give permission 
     for the release of results from any test of its students 
     administered as a part of a State assessment prior to the 
     release of such data. Refusal by a State to release its data 
     shall not restrict the release of data from other States that 
     have approved the release of such data.
       (4) In carrying out the National Assessment, the 
     Commissioner shall not collect any data that are not directly 
     related to the appraisal of educational performance, 
     achievement, and traditional demographic reporting variables, 
     or to the fair and accurate presentation of such information.
       (5) In carrying out the National Assessment, the 
     Commissioner may provide technical assistance to States, 
     localities, and other parties.
       (c) Access.--(1) Except as provided in paragraph (2), the 
     public shall have access to all data, questions, and test 
     instruments of the National Assessment.
       (2)(A) The Commissioner shall ensure that all personally 
     identifiable information about students, their educational 
     performance, and their families, and that information with 
     respect to individual schools, remains confidential, in 
     accordance with section 552a of title 5, United States Code.
       (B) Notwithstanding any other provision of law, the 
     Commissioner may decline to make available to the public for 
     a period, not to exceed 10 years after initial use, cognitive 
     questions that the Commissioner intends to reuse in the 
     future.
       (C)(i) The Commissioner may, upon the request of a State 
     educational agency or a local educational agency, in a 
     limited number of cases and on a trial basis, make National 
     Assessment test instruments available for assessing aggregate 
     student achievement at the local educational agency level.
       (ii)(I) Participation by a local educational agency shall 
     be voluntary.
       (II) A State requesting the participation of a local 
     educational agency must accompany this request with a 
     statement of full written concurrence by such agency and that 
     such agency is requesting to participate in the local 
     assessment.
       (iii) Before receiving such instruments, an agency shall 
     provide the Commissioner with assurances that confidentiality 
     and security requirements and testing protocols, prescribed 
     by the Commissioner, will be complied with in the use of such 
     instruments.
       (d) Participation.--(1) Participation in the national and 
     regional assessments by State and local educational agencies 
     shall be voluntary.
       (2) Participation in assessments made on a State basis 
     shall be voluntary. The Commissioner shall enter into an 
     agreement with any State that desires to carry out an 
     assessment for the State under this subsection. Each such 
     agreement shall contain provisions designed to ensure that 
     the State will--
       (A) participate in the assessment; and
       (B) pay from non-Federal sources the non-Federal share of 
     participation.
       (3)(A) For each fiscal year, the non-Federal share for the 
     purpose of paragraph (2)(B) shall be--
       (i) the cost of conducting the assessment at the school 
     level for all public schools in the State sample, including 
     the analysis and reporting of the data;
       (ii) the cost of coordination within the State; and
       (iii) other reasonable costs specified by the Secretary in 
     the agreement described in paragraph (2).
       (B) The non-Federal share of payments under this paragraph 
     may be in cash or in kind, fairly valued.
       (C) The agreement described in paragraph (2) shall describe 
     the manner in which, the costs of administering the 
     assessment to private nonprofit schools included in the State 
     sample may be met.
       (4) The implementation of subparagraph (C) of paragraph (2) 
     of subsection (d) shall involve no cost to the Federal 
     Government.
       (e) Student Performance Goals.--(1) The Commissioner shall 
     establish appropriate student performance goals for each age 
     and grade in each subject area to be tested under the 
     National Assessment.
       (2) The Commissioner, with the advice of the Council, shall 
     establish rigorous standards for the evaluation of such 
     goals.
       (3) Such goals shall be--
       (A) devised through a national consensus approach, 
     providing for active participation of teachers, curriculum 
     specialists, local school administrators, parents, and 
     concerned members of the general public;
       (B) used on a trial basis until the Commissioner 
     determines, through an evaluation under subsection (f), that 
     such goals meet the standards under paragraph (2) and are 
     reasonable, valid, and informative to the public; and
       (C) updated as appropriate.
       (f) Review of National and State Assessments.--(1) The 
     Commissioner shall provide for continuing reviews by the 
     National Academy of Education or the National Academy of 
     Sciences of the National Assessment, State assessments, local 
     educational agency assessments, and student performance 
     goals. Such reviews shall address whether each trial state 
     assessment is properly administered, produces high quality 
     data that is valid and reliable, produces data on student 
     achievement that is not otherwise available to the State 
     exclusive of data comparing participating States to each 
     other and the Nation, and is a cost-effective method of 
     producing the data. The Commissioner shall also carry out 
     evaluation studies by the Center and solicitation of public 
     comment on the conduct and usefulness of the National 
     Assessment. The Commissioner shall report to the Congress, 
     the President, and the Nation on the findings and 
     recommendations of such reviews.
       (2) The Commissioner shall consider the findings and 
     recommendations in designing the competition to select the 
     organization, or organizations, through which the Office 
     carries out the National Assessment.
       (g) Coverage Agreements.--(1) The Secretary and the 
     Secretary of Defense may enter into an agreement, including 
     such terms as are mutually satisfactory, to include in the 
     National Assessment the defense dependents education system 
     established under the Defense Dependents' Education Act of 
     1978.
       (2) The Secretary and the Secretary of the Interior may 
     enter into an agreement, including such terms as are mutually 
     satisfactory, to include in the National Assessment schools 
     for Indian children operated or supported by the Bureau of 
     Indian Affairs.

     SEC. 412. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to carry out this 
     title, $103,200,000 for fiscal year 1995 and such sums as may 
     be necessary for each of the fiscal years 1996, 1997, 1998, 
     and 1999.
                         TITLE V--MISCELLANEOUS

     SEC. 501. STUDY OF FEDERAL EFFORTS TO ASSIST IN SCHOOL 
                   REFORM.

       (a)(1) In addition to the national assessment conducted 
     pursuant to title I of the Elementary and Secondary Education 
     Act as amended by this Act, the Secretary of Education shall 
     conduct a comprehensive study of how the Federal Government 
     has assisted the States to reform their educational systems 
     through the various education laws enacted during the 103d 
     Congress.
       (2) Such study shall encompass the changes made in Federal 
     programs pursuant to this Act as well as in any other law 
     enacted during this Congress amending a Federal program 
     assisting pre-elementary, elementary, or secondary education. 
     In addition, such study shall encompass new initiatives 
     enacted into law, such as the Goals 2000: Educate America 
     Act, and the School-to-Work Opportunities Act.
       (b)(1) This study shall include a comprehensive review of 
     these laws and programs to determine their overall effect 
     on--
       (A) the readiness of children for schooling,
       (B) the improvement in educational attainment of students 
     in elementary and secondary education, and
       (C) the improvement in skills needed by students to obtain 
     employment upon completion of high school or further 
     education.
       (2) This study shall also include a comprehensive review of 
     these programs to determine their overall effect--
       (A) on school reform efforts undertaken by States,
       (B) on efforts by States to adopt educational standards to 
     improve schooling for all children, to align their curricula, 
     teacher training, and assessments to such standards, and to 
     bring flexibility to the rules governing how education is to 
     be provided, and
       (C) on student populations who have been the traditional 
     beneficiaries of Federal assistance to determine whether 
     their educational attainment has been improved through these 
     changes.
       (3) This study shall also evaluate how the National 
     Assessment Governing Board, the Advisory Council on Education 
     Statistics, the National Education Goals Panel, the National 
     Education Statistics and Improvement Council and any other 
     Board established to analyze, address, or approve standards 
     and assessments coordinates, interacts, and/or duplicates 
     efforts to assist the States to reform their educational 
     systems.
       (4) This study shall also include a review of these laws 
     and programs in such detail as the Secretary deems 
     appropriate and may involve cooperation with other Federal 
     departments and agencies in order to incorporate their 
     evaluations and recommendations.
       (c)(1) The Secretary shall appoint an independent panel to 
     review the plan for this study, to advise on its progress, 
     and to comment, if it so wishes, on the final report.
       (2) The Secretary shall submit this report by January 1, 
     1998, to the Committee on Education and Labor of the United 
     States House of Representatives and to the Committee on Labor 
     and Human Resources.

     SEC. 502. BUDGET COMPLIANCE.

       Any authority to make payments pursuant to the amendments 
     made by this Act shall be effective only to the extent 
     provided in appropriation Acts.


                    amendment offered by mr. durbin

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

       Amendment offered by Mr. Durbin:
       --Page 439, strike lines 1 through 17 and insert the 
     following:
       ``(1) The term `drug and violence prevention' means--
       ``(A) with respect to drugs, prevention, early 
     intervention, rehabilitation referral, or education related 
     to the illegal use of alcohol, the use of tobacco and the use 
     of controlled, illegal, additive, or harmful substances, 
     including inhalants and anabolic steroids; and
       ``(B) with respect to violence, the promotion of school 
     safety, such that students and school personnel are free from 
     violent and disruptive acts, including sexual harassment on 
     school premises, going to and from school, and at school-
     sponsored activities, through the creation and maintenance of 
     a school environment that is free from weapons and fosters 
     individual responsibility and respect for the rights of 
     others.
  Page 762, after line 8, insert the following:

     ``SEC. 9506. NONSMOKING POLICY.

       ``(a) General Rule.--Each person who receives Federal funds 
     under this Act and provides services to elementary and 
     secondary school students pursuant to this Act shall, in 
     providing such services, establish and make a good-faith 
     effort to enforce a nonsmoking policy that, except as 
     provided in subsection (b)--
       ``(1) prohibits smoking in each indoor portion of a 
     facility used in connection with the provision of such 
     services; and
       ``(2) where appropriate, requires that signs be posted to 
     communicate the nonsmoking policy.
       ``(b) Permissible Features.--(1) The nonsmoking policy 
     described in subsection (a) may permit smoking in specially 
     designated areas of a facility if--
       ``(A) services are not normally provided directly to 
     children in the designated areas; and
       ``(B) the designated areas are ventilated separately from 
     areas of the facility in which such services are normally 
     provided directly to children to ensure that air from the 
     designated areas is directly exhausted to the outside and 
     does not recirculate or drift to other areas within the 
     facility.
       ``(2) Nothing in this subsection shall be construed to 
     require the establishment of a designated smoking area.
       ``(c) Civil Penalty.--
       ``(1) Any person subject to the requirements of this 
     section who fails to comply with such requirements shall be 
     liable to the United States for a civil penalty in an amount 
     not to exceed $1,000 for each violation, but in no case shall 
     the amount be in excess of the amount of the Federal funds 
     received by the person for the provision of elementary and 
     secondary educational services for the fiscal year in which 
     the violation occurred. Each day a violation continues shall 
     constitute a separate violation.
       ``(2) A civil penalty for a violation of this section shall 
     be assessed by the Secretary to the person by an order made 
     on the record after opportunity for a hearing in accordance 
     with section 554 of title 5, United States Code. Before 
     issuing the order, the Secretary shall--
       (A) give written notice to the person to be assessed a 
     civil penalty under the order of the proposal to issue the 
     order; and
       ``(B) provide the person an opportunity to request, not 
     later than 15 days after the date of receipt of the notice, a 
     hearing on the order.
       ``(3) In determining the amount of a civil penalty under 
     this subsection, the Secretary shall take into account the 
     nature, circumstances, extent, and gravity of the violation, 
     the ability of the violator to pay, any prior history of the 
     same kind of violation, the degree of culpability of the 
     violator, a demonstration by the violator of willingness to 
     comply with the requirements of this section, and such other 
     matters as justice may require.
       ``(4) The Secretary may compromise, modify, or remit, with 
     or without conditions, any civil penalty that may be imposed 
     under this subsection. The amount of the penalty as finally 
     determined or agreed upon in compromise may be deducted from 
     any sums that the United States owes to the person against 
     whom the penalty is assessed.
       ``(5) A person who has requested a hearing concerning the 
     assessment of a penalty pursuant to paragraph (2) and is 
     aggrieved by an order assessing a civil penalty may file a 
     petition for judicial review of the order with the United 
     States Court of Appeals for the District of Columbia Circuit 
     or for any other circuit in which the person resides or 
     transacts business. The petition may only be filed during the 
     30-day period beginning on the date of issuance of the order 
     making the assessment.
       ``(6) If a person fails to pay an assessment of a civil 
     penalty--
       ``(A) after the order making the assessment has become a 
     final order and without filing a petition for judicial review 
     in accordance with paragraph (5); or
       ``(B) after a court has entered a final judgment in favor 
     of the Secretary, the Attorney General shall recover the 
     amount assessed (plus interest at currently prevailing rates 
     from the last day of the 30-day period referred to in 
     paragraph (5) or the date of the final judgment, as the case 
     may be) in an action brought in an appropriate district court 
     of the United States. In the action, the validity, amount, 
     and appropriateness of the penalty shall not be subject to 
     review.
       ``(d) Effective Date.--
       ``(1) In general.--This section shall take effect on the 
     date which is 180 days after the date of enactment of the 
     Improving America's Schools Act of 1994, except as provided 
     in paragraph (2).
       ``(2) Collective bargaining agreements.--
       ``(A) In the case of a person described in subsection (a) 
     who employs individuals who are members of a labor 
     organization and provide elementary or secondary educational 
     services pursuant to a collective bargaining agreement that--
       ``(i) took effect before the date of enactment of the 
     Improving America's Schools Act of 1994, and
       ``(ii) includes provisions relating to smoking privileges 
     that are in violation of this section;

     this section shall take effect on the date that is 180 days 
     after the date of enactment of the Improving America's 
     Schools Act of 1994 or the date specified in subparagraph 
     (B), whichever is later.
       ``(B) The date specified in this subparagraph is the 
     earlier of--
       ``(i) the first expiration date (after the date of 
     enactment of the Improving America's Schools Act of 1994) of 
     the collective bargaining agreement containing the provisions 
     relating to smoking privileges, or
       ``(ii) the date that is 1 year after the date of enactment 
     of the Improving America's Schools Act of 1994.
       ``(e) Preemption.--Nothing in this section shall preempt or 
     otherwise affect any provision of law of a State or political 
     subdivision of a State that is as restrictive or more 
     restrictive than a provision of this section.
  Mr. DURBIN (during the reading). Mr. Chairman, I ask unanimous 
consent that the amendment be considered as read and printed in the 
Record.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Illinois?
  There was no objection.
  Mr. GOODLING. Mr. Chairman, will the gentleman yield?
  Mr. DURBIN. I yield to the gentleman from Pennsylvania.
  Mr. GOODLING. Mr. Chairman, we have read the gentleman's amendment, 
and we accept his amendment.
  Mr. KILDEE. Mr. Chairman, will the gentleman yield?
  Mr. DURBIN. I yield to the gentleman from Michigan.
  Mr. KILDEE. Mr. Chairman, I accept the amendment.
  Mr. DURBIN. Mr. Chairman, let me say very briefly, I want to thank 
the gentleman from Pennsylvania and the gentleman from Michigan for 
accepting this amendment.
  This amendment establishes smoke-free schools across America. It is 
consistent but slightly different than the Goals 2000 legislation.
  Mr. Chairman, scientific evidence is mounting that secondhand smoke 
breathed by non-smokers is a dangerous and toxic environmental 
pollutant. According to the American Medical Association, environmental 
tobacco smoke is the third leading cause of early death in the United 
States.
  Children suffer the most from the effects of secondhand smoke. The 
Environmental Protection Agency [EPA] estimates that, each year, smoke 
from tobacco causes 150,000 to 300,000 cases of bronchitis and 
pneumonia in children under 18 months of age. More than a million 
children suffer from asthma attacks triggered by cigarettes.
  We must protect our children from the harmful effects of secondhand 
smoke by supporting the Durbin amendment. This legislation would 
restrict smoking in public schools across the country, except in 
separately ventilated areas. In my own district, Montgomery County, MD, 
the schools are already smoke free. I believe that children in all 
programs receiving ESEA funds should receive the same protection as the 
students in Montgomery County, MD, enjoy.
  There is a long list of actions that already have been taken to 
protect children and adults from the ill effects of environmental 
tobacco smoke:
  McDonald's made the front page of major newspapers recently by 
banning smoking in their company-owned restaurants.
  Pentagon officials have announced that smoking will not be permitted 
in the military workplace. This action affects more than 2\1/2\ million 
uniformed and civilian personnel all over the world.
  Many Federal agencies have banned smoking in their buildings, 
including Health and Human Services, the Environmental Protection 
Agency, and the Office of Personnel Management.
  The State of Maryland wants to ban smoking in the workplaces 
throughout the State.
  If Federal agencies, businesses, and local and State governments are 
taking steps to protect Americans from the harmful effects of 
secondhand smoke, how can we in Congress do less?
  I urge my colleagues to support a very sensible approach to 
protecting our children from secondhand smoke as proposed in 
the amendment by Mr. Durbin. ``The Durbin amendment requires recipients 
of Federal funds for elementary and secondary educational services to 
establish and make a good-faith effort to enforce a nonsmoking policy 
that prohibits smoking in each indoor portion of a facility used in 
connection with the provision of educational services.'' However, 
smoking is permitted in designated areas that meet two criteria. These 
areas must be separately ventilated, and they must be areas where 
services are not normally provided directly to children.

  Local educational agencies that fail to abide by this amendment would 
be subject to civil penalties. No Federal funds would be taken away 
from those agencies and ESEA services to children would not be 
affected. The amendment also addresses concerns that unions may have, 
especially if they have collective bargaining contracts that include 
smoking privileges. Unions would have 1 year to negotiate contract 
revisions to comply with the law.
  Mr. Chairman, secondhand smoke kills 3,000 people each year from lung 
cancer. Thousands of children develop respiratory diseases from 
secondhand smoke, which triggers asthma attacks in as many as a million 
children. The least that we, in Congress, can do is to provide our 
youth with an unpolluted, smokefree environment in school. I urge my 
colleagues to vote in favor of the Durbin amendment.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Illinois [Mr. Durbin].
  The amendment was agreed to.

                              {time}  1800


               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 768, strike line 22 and all that follows through line 7 
     on page 776 (and redesignate the subsequent parts 
     accordingly).

  The CHAIRMAN. Pursuant to the order of the Committee of the Whole of 
earlier today, debate on this amendment and all amendments thereto will 
be limited to 30 minutes. The gentleman from Florida [Mr. Miller] will 
be recognized for 15 minutes, and a Member opposed will be recognized 
for 15 minutes.
  The Chair recognizes the gentleman from Florida [Mr. Miller].
  Mr. MILLER of Florida. Mr. Chairman, my amendment would eliminate 
$200 million in new spending from H.R. 6, intended to provide funding 
for low-interest direct loans for the construction of school 
facilities. This funding was not requested by President Clinton in his 
1995 budget. It is a new, unwanted program put into H.R. 6 by the 
committee at the last minute, without even being considered by the 
Subcommittee on Elementary and Secondary Education.
  This $200 million program is another provision buried in H.R. 6 that 
represents unnecessary and wasteful spending that will not contribute 
to better education.
  This Congress loves to create new programs, but leave questions of 
financing for later. It is particularly hard to argue against spending 
new money on education without looking like a bad guy. We can all agree 
that real solutions to many of the problems facing this country are 
dependent on improving our country's education system.
  I question our rationale, however, for dumping more and more Federal 
money on the problem as a real solution. I think it may be more of a 
political cop-out. The problem is not that the Federal Government 
spends too little but that we spend with too little thought. As a 
nation, we are already spending more on the education of our children 
than our competitors.
  My amendment would delete a new program that would allow local 
educating agencies to receive loans from the Federal Government at an 
interest rate that is 1.25 percentage points lower than what the 
Federal Treasury borrows at. Sounds great. Or does it?
  One possible result of these federally subsidized loans would be to 
discourage the normal process of raising money for planned construction 
at the local level. Instead, some local school officials may decide to 
come to Washington to lobby the powers that be in Congress. That, in 
and of itself, would create a misallocation of scarce school dollars.
  And what will they find when they get here? Too few dollars to fund 
any number of potentially important school construction projects. Look 
at the funding for this program: $200 million in budget authority in 
fiscal year 1995, to be divided between over 15,000 school districts.
  It is not even clear that these federally subsidized loans would 
provide a greater benefit to local schools. Currently, most local 
school districts finance new school construction through tax-exempt 
municipal bonds. According to the Congressional Research Service, local 
school districts ``are likely to find that this subsidized taxable 
borrowing is not efficient.'' Even at 1.25 percentage points below 
Treasury bonds, municipal bonds may still offer a lower rate. And, 
then, the idea of 50-year loans is absurd. I have never heard of a 50-
year loan.
  Plain and simply that is irresponsible spending.
  And, of course, every Federal dollar comes with strings attached, and 
congressional meddling into local school decisions. One example: New 
requirements, similar to Davis-Bacon mandates on Federal construction 
projects, that will set a prevailing wage on school building plans 
financed with this new Federal loan program. The end result would be 
higher labor costs that would increase the costs of the project 
dramatically.
  Mr. Chairman, a significant majority of this Congress recently voted 
in favor of the balanced budget amendment to the Constitution; 
unfortunately, not the two-thirds required for final passage. We may 
remain unwilling to admit it, but the fact remains: the Federal 
Government cannot even come close to meeting its current spending 
obligations. As important as education is, we cannot keep borrowing and 
going into debt. With major health care and crime legislation before us 
this year, we must set priorities.
  We love to talk about deficit reduction, but here is where the tough 
choices are actually made. If you are serious about balancing the 
budget--and if you voted for the balanced budget amendment, as I did--
you will vote to trim this new program from H.R. 6.
  Mr. Chairman, I reserve the balance of my time.
  The CHAIRMAN. Does the gentleman from Michigan [Mr. Kildee] rise in 
opposition to the amendment?
  Mr. KILDEE. Yes, Mr. Chairman, I rise in opposition to the amendment.
  The CHAIRMAN. The gentleman from Michigan [Mr. Kildee] is recognized 
for 15 minutes.
  Mr. KILDEE. I yield such time as he may consume to the gentleman from 
California [Mr. Miller].
  Mr. MILLER of California. Mr. Chairman, I hope that the Members would 
reject this amendment. This is an attempt to try to deal with a 
situation that occurs throughout our Nation, and that is that many, 
many of our schools are in very inadequate condition, for safety and 
health reasons, to educate our children. They are also among some of 
the poorest districts which are not able to put together the financing 
to take care of either the major renovation of those schools and/or the 
rebuilding of those schools. This would allow those school districts 
that cannot float bonds to acquire money for the purposes of 
renovation. We can no longer continue to accept in this country that 
poor children must go to poor schools. We have to change that learning 
environment. This $200 million would allow us to potentially leverage 
about $1 billion in school construction funds. This is very similar to 
a program that we now have in the Higher Education Act to provide for 
programs in higher education facilities.
  Mr. Chairman, I would hope we would reject this amendment. This is a 
well-thought-out amendment. It means a great deal to poorer school 
districts throughout the entire country. I would hope that we would 
accept this and understand that this has a great potential to help many 
of our poorer school districts to put in new facilities that are 
necessary for the modernization of schools and to meet the demands of 
new technology.
  Mr. MILLER of Florida. Mr. Chairman, I yield such time as he may 
consume to the gentleman from Pennsylvania [Mr. Goodling].
  (Mr. GOODLING asked and was given permission to revise and extend his 
remarks.)
  Mr. GOODLING. Mr. Chairman, I rise in support of the amendment. The 
gentleman from Pennsylvania is correct, there has been very little 
emphasis on this amendment, very little study, no hearings, and I have 
to say that contrary to what we just heard, it really does not give all 
poor school districts in the country an equal opportunity.
  As it is written, Mr. Chairman, the amendment would only allow 
Federal loans to school districts which receive concentration grants. 
Let me tell the Members, in my district I have a very, very poor school 
district, but because of the county situation, which we are correcting 
down the line, they do not receive concentration grants.
  There are also many rural school districts that are quite poor that 
cannot receive concentration grants. Therefore, they do not qualify for 
this program.
  Of course, Mr. Chairman, as mentioned by the gentleman from Florida 
[Mr. Miller], school districts have 50 years to repay. If they do 
anything about infrastructure, they are going to discover that their 
loans and the costs of the loans are far greater than this, so we would 
be treating education differently than anything else. I think the 
gentleman from Florida [Mr. Miller] has a good amendment, and I support 
that amendment.
  Mr. KILDEE. Mr. Chairman, I yield 3 minutes to the gentleman from 
Montana [Mr. Williams].
  Mr. WILLIAMS. Mr. Chairman, I thank the gentleman for yielding time 
to me.
  Mr. Chairman, all of us have come to the point where we would rather 
take turns coming to the floor here and objecting to earmarking 
facilities in appropriation bills. We have become adamant, many of us 
in this House, that earmarking is the wrong way to provide needed 
facilities. I am calling it earmarking. America calls it pork.
  We could spend hours, if we had more than just a few minutes, reading 
to each other our own words about earmarking and pork. This bill, Mr. 
Chairman, has in it for the first time an established way for the 
Congress to simply authorize renovation and construction of new 
facilities, and do it in a way that we do not earmark them, that we no 
longer will do that.
  We cannot have it both ways. We cannot be against pork and then be 
against a process which the gentleman from California has put in this 
bill, and the gentleman from Florida would take out, a process which 
just establishes an institutional way to get on with the business of 
upgrading existing education facilities and building new ones.
  If we want to continue to force Members to come to the floor and 
earmark projects, which is the wrong way to do it, then vote yes on the 
gentleman's amendment. If Members would rather take the pork out of it 
and have a legitimate authorization process go forward, that avoids the 
politics of getting enough votes to get one's own pork for their own 
district, then vote no on the gentleman's amendment and keep the 
language in the bill the way it is.
  Finally, let me say this. There is an enormous national need for 
renovation of existing school facilities and for new school facilities. 
The condition of America's educational facilities in city after city 
after city in this country is a national disgrace.

                              {time}  1810

  Some facilities do not even have adequate lavatories. Many facilities 
have no science laboratories. The roofs are caving in. I was in a 
school the other day in a city in Montana that could have been a school 
that went through the earthquake in Los Angeles.
  But should I come to the floor of the House and insist that I 
earmark, and as some would say pork money for a facility? No, let us 
take Pat Williams and the others out of it. Let us not have us 
earmarking and porking. Let us simply have a legitimate process of 
authorization which we now have in the bill.
  I urge my colleagues to reject the gentleman's amendment by voting 
no.
  Mr. MILLER of Florida. Mr. Chairman, I want to say I am not opposing 
the way money is allocated. I am opposed to the entire program. It is a 
totally new program of $200 million of funding. We have already taken a 
bill and a program that was $900 million when President Clinton 
introduced it which is now $2 billion higher, and now we have to start 
cutting our spending. I am not opposed to building schools. It is being 
done very effectively at the local level.
  Mr. Chairman, I yield 3 minutes to the gentleman from Ohio [Mr. 
Boehner].
  Mr. BOEHNER. Mr. Chairman, I thank my colleague for yielding the time 
and I rise in support of this amendment.
  The Federal Government in Washington, DC, is now going to accept the 
responsibility to build schools in America. The gentleman from Florida 
[Mr. Miller] and I have been offering a series of amendments throughout 
this bill because we believe a number of programs were added in 
committee that were not requested by the President, that were not 
wanted by the Department of Education, but were wanted by Members of 
Congress. And this is another example of another program added to this 
bill that dilutes the focus of what we are trying to do by helping 
disadvantaged students around this country.
  We would all like to have all of the money possible to do all of the 
great things that we want to do. But we do not have unlimited 
resources. We have scarce resources. As a result, I think we have a 
responsibility to focus our help where it is most needed.
  Every district in America has schools that are falling apart. I would 
be the first one to admit that. The gentleman from Colorado made a 
great plea about a school in Montana, and I would suggest under the 
language of this amendment that there is not one school district in 
Montana that would ever qualify under the amendment that we have before 
us.
  But let us get back to the focus of this. The Federal Government has 
no responsibility to build schools in America. That responsibility 
belongs to States and local communities and it ought to stay there.
  Second, I would point out, 50 years, we are going to allow school 
districts 50 years which they get to pay back. In 50 years the 
buildings will not be there, which prompts the question: Is this a loan 
program, or let us be honest and call it what it is, a grant program, 
because the districts that would qualify under this amendment are 
districts that cannot afford the buildings, frankly. Let us be honest. 
They are never going to be able to afford to pay them back.
  The last point I would make is a provision in this amendment that 
would require the construction of these schools to be done under Davis-
Bacon. For all of us in this Chamber, we understand that Davis-Bacon 
laws are going to add 15 percent to 20 percent to the cost of 
construction. We are going to further burden local districts by 
requiring them to build these buildings under the Davis-Bacon Act, and 
it is totally unnecessary.
  So with all due respect to the authors of the amendment, I believe 
that the gentleman from Florida has a very good amendment. We ought to 
strike this language and save this $200 million authorization, and keep 
that focus back in on title I and chapter 2 where we would like to have 
it.
  Mr. KILDEE. Mr. Chairman, before yielding to the gentleman from 
Texas, I would like to say that in my capacity as chairman of this 
subcommittee, I have visited schools throughout this country and I have 
seen school buildings in which a Federal judge would not let us house 
prisoners. As a matter of fact, in my home county where I was born and 
raised, Genesee County, Michigan, the Federal judge ordered the closing 
of the county jail, and that county jail was in much better condition 
than some schools I have seen in this country.
  Mr. Chairman, I yield 3 minutes to the gentleman from Texas [Mr. Gene 
Green].
  Mr. GENE GREEN of Texas. Mr. Chairman, I rise in opposition to the 
Miller amendment to H.R. 6. The chairman of the subcommittee pointed 
out that but for the problems with getting amendments up here on the 
floor on the crime bill, we are willing to spend billions of dollars to 
build prisons and help States build prisons. I think it is time we 
started spending some of that money to build schools, because we know 
that we cannot build our way out of the crisis, and maybe if we build a 
few more schools we will not have to build prisons next year.
  But this amendment would eliminate title XI in the bill which 
provides direct loans for the rehabilitation and the building of 
facilities. Some of the Nation's schools are in a complete state of 
disrepair, and this program will set us in the right direction in 
addressing the incredible needs for better school facilities. If we 
listen to the opposition, they are going to tell us we should not be 
doing this, they would not want us to provide funding at all, and even 
this small amount, $200 million all over the country, will not help 
everyone. But it will get leverage.
  Research indicates that the total dollar amount needed to address 
school facilities is $13 billion nationwide. This modest amount of $200 
million in direct loans to school districts for constructing these new 
facilities will address some of that shortcoming with what both the 
local schools and school districts and the States are doing.
  In Texas we have been involved in a school finance controversy for 
over 20 years, and it is interesting to note that part of the current 
school court order for our schools includes a requirement that school 
facilities be addressed. School facilities are a vital part of the 
component, as much a part as the school books and as much a part as the 
teachers, and to say we should not help with facilities in the Federal 
Government is like putting our heads in the sand.
  I urge my colleagues to vote against the Miller Florida amendment and 
give our schools some assistance to provide our Nation's school 
children the education they deserve. This will not solve all of the 
facility problems, but it will be leverage, and it will help.
  Again, I urge a ``no'' vote.
  Mr. KILDEE. Mr. Chairman, I yield 3 minutes to the gentleman from New 
Jersey [Mr. Andrews].
  (Mr. ANDREWS of New Jersey asked and was given permission to revise 
and extend his remarks.)
  Mr. ANDREWS of New Jersey. Mr. Chairman, I thank the gentleman from 
Michigan for yielding me the time. I rise to oppose the amendment of 
the gentleman from Florida.
  The gentleman from Florida has made an eloquent and convincing case 
that we should not create a $200 million a year Federal school 
construction program. He has made a convincing case as to why the 
Federal Government should no meddle in the affairs of school 
construction. He has made a convincing case about not spending money we 
do not have. He has argued, with all due respect, against a bill that 
is not here.
  Let me describe what this bill does as opposed to the arguments made 
against it by our friend from Florida. It is true that under the rather 
bizarre bookkeeping rules that we have in the Federal Government that 
this has a $200 million a year price tag attached to it. It is also 
true that if this program operates under any normal economic 
assumptions, it will run in the black.
  Here is how it works: if a school district borrows $10 million 
directly from the Federal Government to build a school, it will pay an 
interest rate under this bill of 1.25 percent below the Federal 
Government's 30-year rate to borrow money. Today that means that that 
school district would borrow money at approximately 5 percent.
  The Federal Government would acquire that $10 million, either by 
raising it the way we do, or by borrowing it, and today the Federal 
Government borrows money at an average of 4.87 percent.
  So here is the way it works: The Federal taxpayers would incur a debt 
service obligation of about $487,000 this year to produce the $10 
million school loan. The school that borrows the money would pay us 
back $500,000.
  Now in Washington arithmetic, that says we are in the red. In the 
real world arithmetic, that says we wind up as Federal taxpayers 
$13,000 in the black each year. If this were a $200 million a year 
grant program, I would join the gentleman from Florida in supporting 
his amendment. It is not. This is a program that will leverage up this 
year $1 billion of new school construction on a cash flow basis to the 
taxpayers that returns in the black.
  I also thought, with all due respect to my friends, that Republicans 
support programs that pay for themselves and do not put the country in 
the red. If that is the case, this passes the litmus test of a 
Republican program, and my friends should oppose the Miller amendment 
and leave the bill the way that it is.
  Mr. MILLER of Florida. Mr. Chairman, I yield 2 minutes to the 
distinguished gentleman from Texas [Mr. Armey], the chairman of the 
Republican Conference.
  Mr. ARMEY. Mr. Chairman, I thank the gentleman for yielding me the 
time. I rise in support of the Miller amendment.

                              {time}  1820

  Ladies and gentlemen, we build schools so we can teach children. Let 
me suggest to you what will be the lessons the schoolchildren of 
America will draw from this bill.
  If this provision remains in the bill, they will be told by their 
Government that irrespective of the concept of dual federalism which 
they are taught in their civics classes, the Federal Government should 
be so involved in local education issues that despite the 200 or so 
billion dollars this Government is in debt each year, we ought to 
create a $200 million program wherein we will make loans from the 
Federal Government to the local school district to construct schools, 
and we will lend that money to the local school district for 1.25 
percent less than what we borrow the money for. This is hardly a lesson 
in prudent finance to teach our young people.
  And we will need the $200 million to cover what, the interest subsidy 
and defaults, so we are writing here a provision into the bill that 
assumes that the local school districts will default on even a 
subsidized loan paid at rates more favorable than the lender-borrower.
  Furthermore, we are going to teach our youngsters that in 
consideration for their well-being, we are going to force all of these 
States and all of these school districts within these States that avail 
themselves of this largesse, that they must disregard their own State's 
laws and construct the schools in a more costly fashion that complies 
with Davis-Bacon.
  If our schoolchildren are dumb enough to buy that, ladies and 
gentlemen, they will never graduate.
  Mr. KILDEE. Mr. Chairman, I yield 1 minute to the gentleman from New 
Jersey [Mr. Andrews].
  Mr. ANDREWS of New Jersey. Mr. Chairman, I thank the gentleman for 
yielding me this time.
  Let me just make this point: The $200 million figure that my friend, 
the gentleman from Texas, made reference to is not tied to loan 
defaults. The loan default rate for public school districts across this 
country is almost always, almost always less than 3 percent of money 
borrowed. That is simply not the reason for the $200 million, just a 
rather strange and arcane budget system that the gentleman helped to 
write.
  Mr. KILDEE. Mr. Chairman, I yield 3 minutes to the gentleman from New 
York [Mr. Engel].
  Mr. ENGEL. Mr. Chairman, I rise in opposition to the amendment 
offered by the gentleman from Florida [Mr. Miller] to strike title XI, 
School Facilities Improvement.
  I would like to say at the outset that I find it somewhat incredulous 
that we are hearing some ranting and raving from the other side of the 
aisle about Federal encroachment into education when we have had 
amendment after amendment coming from the other side of the aisle 
mandating that the Federal Government get involved in curricula and 
other things and not allow the local level, local school districts, 
people back home to shape their own destiny. I do not think the 
argument cuts one way and not another way.
  Title XI authorizes low-interest Federal direct loan programs modeled 
after the existing higher education, college housing, and academic 
facilities loan program, and the program, as was mentioned, would be 
directed to poorer school districts for school construction, 
reconstruction, and renovation projects.
  This low-interest loan program will use limited Federal resources to 
leverage a maximum amount of aid to local schools. Preliminary 
estimates from the Congressional Budget Office indicate that the 
program's $200 million authorization will make about $1 billion in loan 
principal available to borrowers. According to recent studies, one in 
every four public school buildings in the United States is in 
inadequate condition. In fact, over 75 percent of our Nation's urban 
school buildings are over 25 years old and 33 percent of the buildings 
are over 50 years old.
  The total cost of making needed replacements and renovations is 
estimated to exceed $100 billion. Financing such repairs is primarily 
the responsibility of States and local districts, but limited Federal 
aid is vital to support local projects in those areas where the costs 
of such activities would otherwise be prohibitive.
  Let me say it has been my pleasure working with my colleagues, the 
gentleman from California [Mr. Miller] and the gentleman from New 
Jersey [Mr. Andrews], on this innovative and important proposal. I 
thank them for their leadership in this area.
  If we expect our children to meet the national goals set forth in the 
Educate America Act, we must provide them at the very minimum a safe 
and comfortable environment conducive to learning.
  I urge my colleagues to oppose the Miller amendment.
  Mr. KILDEE. Mr. Chairman, I yield back the balance of my time.
  Mr. MILLER of Florida. Mr. Chairman, I yield 1 minute to my 
colleague, the gentleman from Michigan [Mr. Hoekstra], a freshman 
member of the Committee on Education and Labor.
  Mr. HOEKSTRA. Mr. Chairman, I rise in support today of the Miller 
amendment.
  I think it is important for our colleagues to recognize where and how 
this money makes its way to Washington and then back to the local 
school districts.
  First, if we ever get to a point where we have a balanced budget, the 
dollars are going to be coming from constituents from local school 
districts. They have a habit of coming to Washington where we will 
establish a new bureaucracy to administer the loan funds, so the 
dollars coming from local school districts, we will eat up a portion of 
those costs in administrative costs. School districts will then have to 
apply to get this money back to their districts, and once they receive 
the money, they will be burdened with new Federal mandates in terms of 
how they will construct or how they may use these dollars for a 
construction project.
  Once again, we will burden them with things like Davis-Bacon 
regulations, so that not going out and getting competitive bids, they 
will be mandated to provide the prevailing wages within that district 
regardless of whether they have received competitive bids. So rather 
than going out and helping the neediest school districts, what we will 
be doing is sending money back to them and tying up and spending this 
billion dollars in ways that are not most cost-effective to the 
individual school districts.
  Let us leave the money back in the local districts.
  Mr. MILLER of Florida. Mr. Chairman, I yield 1 minute to the 
gentleman from Wyoming [Mr. Thomas].
  Mr. THOMAS of Wyoming. Mr. Chairman, I am not a member of the 
committee, and I have to tell you that I have listened to this debate 
now endlessly, and I am amazed at what is going on here.
  I guess you have to kind of rethink this thing. I am a little 
surprised that we think all the knowledge on education resides here. I 
am a little surprised to think that all the resources in education 
reside here.
  It seems to me this is one of the things in this country that has 
been strong because it has been locally controlled and local 
responsibility.
  And we move increasingly to take a bankrupt Federal Government and 
want to provide funding for that kind of thing. It is surprising to me 
that we was to go deeper with the Federal Government, intruding 
themselves into local government that has worked well for that very 
reason.
  Mr. MILLER of Florida. Mr. Chairman, I yield myself the balance of my 
time.
  Mr. Chairman, as a fiscal conservative, my problem is this is a new 
program, $200 million of new spending that we do not have.
  Where is the $200 million going to come from? We have a freeze on 
spending. We have pay-go type rules. We are going to have to take them 
from somewhere else.
  Are we going to take them from title I, from the Eisenhower program, 
from chapter 2? We do not have the money to create a totally new loan 
program.
  A lot of States are not going to be able to take advantage of this. 
In Florida, in my district, we do not have prevailing-wage laws, and 
all of a sudden we are going to enforce prevailing-wage laws in 
Florida. There is no school district in Florida that would even want 
this.
  The interest rate is 1\1/4\ percent of the taxable interest rate, 
1\1/4\ percent below. School districts borrow it at a tax-exempt rate. 
Even the A-1 rating, the Congressional Research Service says, is lower 
than that 1\1/4\ below the taxable rate. This does not make any sense.
  It costs us $200 million a year. Let us focus our money on chapter 2, 
title I, on the Eisenhower program, and put the money where it is best 
needed.
  Mr. Chairman, I yield back the balance of my time.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Florida [Mr. Miller].
  The question was taken; and the Chairman announced that the noes 
appeared to have it.


                             recorded vote

  Mr. MILLER of Florida, Mr. Chairman, I demand a recorded vote.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 181, 
noes 235, not voting 22, as follows:

                             [Roll No. 93]

                               AYES--181

     Allard
     Andrews (TX)
     Archer
     Armey
     Bachus (AL)
     Baker (CA)
     Baker (LA)
     Ballenger
     Barca
     Bartlett
     Barton
     Bateman
     Bentley
     Bereuter
     Bilirakis
     Bliley
     Boehner
     Bonilla
     Bunning
     Burton
     Buyer
     Callahan
     Calvert
     Camp
     Canady
     Castle
     Chapman
     Clinger
     Coble
     Collins (GA)
     Combest
     Condit
     Cooper
     Costello
     Cox
     Crane
     Crapo
     Cunningham
     Darden
     DeLay
     Dickey
     Doolittle
     Dornan
     Dreier
     Duncan
     Dunn
     Ehlers
     Emerson
     Everett
     Ewing
     Fawell
     Fields (TX)
     Fish
     Fowler
     Franks (NJ)
     Gekas
     Geren
     Gibbons
     Gilchrest
     Gillmor
     Gingrich
     Glickman
     Goodlatte
     Goodling
     Goss
     Grams
     Greenwood
     Gunderson
     Hall (TX)
     Hamilton
     Hancock
     Hansen
     Hastert
     Hefley
     Herger
     Hobson
     Hoekstra
     Hoke
     Holden
     Houghton
     Hunter
     Hutchinson
     Hutto
     Hyde
     Inglis
     Inhofe
     Istook
     Johnson (CT)
     Johnson, Sam
     Kanjorski
     Kasich
     Kim
     King
     Kingston
     Klink
     Klug
     Knollenberg
     Kolbe
     Kyl
     LaFalce
     Laughlin
     Levy
     Lewis (CA)
     Lightfoot
     Linder
     Livingston
     Machtley
     Manzullo
     Margolies-Mezvinsky
     McCollum
     McCrery
     McDade
     McInnis
     McKeon
     Meyers
     Mica
     Michel
     Miller (FL)
     Minge
     Moorhead
     Morella
     Myers
     Nussle
     Orton
     Oxley
     Packard
     Paxon
     Penny
     Peterson (FL)
     Peterson (MN)
     Petri
     Pombo
     Porter
     Portman
     Poshard
     Pryce (OH)
     Quillen
     Ramstad
     Ravenel
     Regula
     Ridge
     Roberts
     Rohrabacher
     Roth
     Roukema
     Rowland
     Royce
     Sangmeister
     Saxton
     Schaefer
     Schiff
     Sensenbrenner
     Shaw
     Shays
     Shuster
     Skeen
     Skelton
     Smith (MI)
     Smith (NJ)
     Smith (OR)
     Snowe
     Solomon
     Spence
     Stearns
     Stenholm
     Stump
     Sundquist
     Talent
     Taylor (MS)
     Taylor (NC)
     Thomas (WY)
     Thurman
     Upton
     Valentine
     Vucanovich
     Walker
     Wolf
     Young (AK)
     Young (FL)
     Zeliff
     Zimmer

                               NOES--235

     Abercrombie
     Ackerman
     Andrews (ME)
     Andrews (NJ)
     Bacchus (FL)
     Baesler
     Barcia
     Barlow
     Barrett (WI)
     Becerra
     Beilenson
     Berman
     Bevill
     Bilbray
     Bishop
     Blackwell
     Blute
     Boehlert
     Bonior
     Borski
     Boucher
     Brewster
     Brooks
     Browder
     Brown (FL)
     Brown (OH)
     Bryant
     Byrne
     Cantwell
     Carr
     Clay
     Clayton
     Clement
     Clyburn
     Coleman
     Collins (IL)
     Collins (MI)
     Conyers
     Coppersmith
     Coyne
     Cramer
     Danner
     de la Garza
     de Lugo (VI)
     Deal
     DeFazio
     DeLauro
     Dellums
     Deutsch
     Diaz-Balart
     Dicks
     Dingell
     Dixon
     Dooley
     Durbin
     Edwards (CA)
     Edwards (TX)
     Engel
     English
     Eshoo
     Evans
     Faleomavaega (AS)
     Farr
     Fazio
     Fields (LA)
     Filner
     Fingerhut
     Flake
     Foglietta
     Ford (MI)
     Frank (MA)
     Franks (CT)
     Frost
     Furse
     Gejdenson
     Gephardt
     Gilman
     Gonzalez
     Gordon
     Green
     Gutierrez
     Hall (OH)
     Hamburg
     Harman
     Hastings
     Hayes
     Hefner
     Hilliard
     Hinchey
     Hoagland
     Hochbrueckner
     Horn
     Hoyer
     Huffington
     Hughes
     Inslee
     Jacobs
     Jefferson
     Johnson (GA)
     Johnson (SD)
     Johnson, E. B.
     Johnston
     Kaptur
     Kennedy
     Kennelly
     Kildee
     Kleczka
     Klein
     Kopetski
     Kreidler
     Lambert
     Lancaster
     Lantos
     LaRocco
     Lazio
     Leach
     Levin
     Lewis (GA)
     Lipinski
     Lloyd
     Long
     Lowey
     Maloney
     Mann
     Manton
     Markey
     Martinez
     Matsui
     Mazzoli
     McCandless
     McCloskey
     McCurdy
     McDermott
     McHale
     McHugh
     McKinney
     McNulty
     Meehan
     Meek
     Menendez
     Mfume
     Miller (CA)
     Mineta
     Mink
     Moakley
     Molinari
     Mollohan
     Montgomery
     Moran
     Murphy
     Nadler
     Neal (MA)
     Neal (NC)
     Norton (DC)
     Oberstar
     Olver
     Ortiz
     Owens
     Pallone
     Parker
     Pastor
     Payne (NJ)
     Payne (VA)
     Pelosi
     Pickett
     Pomeroy
     Price (NC)
     Quinn
     Rahall
     Rangel
     Reed
     Reynolds
     Richardson
     Roemer
     Rogers
     Romero-Barcelo (PR)
     Ros-Lehtinen
     Rose
     Rostenkowski
     Roybal-Allard
     Rush
     Sabo
     Sanders
     Sarpalius
     Sawyer
     Schenk
     Schroeder
     Schumer
     Scott
     Serrano
     Sharp
     Shepherd
     Sisisky
     Skaggs
     Slattery
     Slaughter
     Smith (IA)
     Spratt
     Stark
     Stokes
     Strickland
     Studds
     Stupak
     Swett
     Synar
     Tanner
     Tauzin
     Tejeda
     Thomas (CA)
     Thompson
     Thornton
     Torkildsen
     Torres
     Towns
     Traficant
     Tucker
     Underwood (GU)
     Unsoeld
     Velazquez
     Vento
     Visclosky
     Volkmer
     Walsh
     Washington
     Waters
     Watt
     Waxman
     Whitten
     Williams
     Wilson
     Wise
     Woolsey
     Wyden
     Wynn
     Yates

                             NOT VOTING--22

     Applegate
     Barrett (NE)
     Brown (CA)
     Cardin
     Derrick
     Ford (TN)
     Gallegly
     Gallo
     Grandy
     Lehman
     Lewis (FL)
     McMillan
     Murtha
     Natcher
     Obey
     Pickle
     Santorum
     Smith (TX)
     Swift
     Torricelli
     Weldon
     Wheat

                              {time}  1850

  Messrs. WALSH, DIXON, PARKER, and NEAL of Massachusetts, and Ms. 
LAMBERT changed their vote from ``aye'' to ``no.''
  Messrs. HOLDEN, SKELTON, ISTOOK, and EWING changed their vote from 
``no'' to ``aye.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.

                          ____________________