[Congressional Record Volume 140, Number 104 (Tuesday, August 2, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: August 2, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                          AMENDMENTS SUBMITTED

                                 ______


              THE IMPROVING AMERICA'S SCHOOLS ACT OF 1993

                                 ______


                 CRAIG (AND OTHERS) AMENDMENT NO. 2437

  Mr. CRAIG (for himself, Mr. Simpson, Mr. Nickles, Mr. Thurmond, Mr. 
Faircloth, Mr. Grassley, Mr. Smith, and Mr. Brown) proposed an 
amendment to the bill (S.1513) entitled ``Improving America's Schools 
Act of 1993''; as follows:

       On page 1244, line 10, before the period, insert the 
     following: ``if the Federal share of the financing of such a 
     repair, renovations, alteration, or construction project is 
     greater than 25 percent of the total cost of the project.''
                                 ______


                      KASSEBAUM AMENDMENT NO. 2438

  Mrs. KASSEBAUM proposed an amendment to the bill S.1513, supra; as 
follows:

       At the end of title IV of the bill, insert the following 
     new section:

     SEC.   . CARL D. PERKINS VOCATIONAL AND APPLIED TECHNOLOGY 
                   EDUCATION ACT.

       Notwithstanding any other provision of law, beginning on 
     June 1, 1994, and ending on the date of enactment of an Act 
     reauthorizing the Carl D. Perkins Vocational and Applied 
     Technology Education Act (20 U.S.C. 2301 et seq.), the 
     Secretary shall not issue any new final regulations to 
     implement such Act.
                                 ______


                      PRESSLER AMENDMENT NO. 2439

  Mr. PRESSLER proposed an amendment to the bill S.1513, supra; as 
follows:

       On page 913, line 13, strike ``and''.
       On page 913, line 18, strike the period and insert ``; 
     and''.
       On page 913, between lines 18 and 19, insert the following:
       ``(C) provide an assurance that the applicant will employ 
     teachers in the proposed program that, individually or in 
     combination, are proficient in English, including written, as 
     well as oral, communication skills.''.
                                 ______


              GENERAL AVIATION REVITALIZATION ACT OF 1994

                                 ______


                      KASSEBAUM AMENDMENT NO. 2440

  Mr. FORD (for Mrs. Kassebaum) proposed an amendment to the bill (S. 
1458) to amend the Federal Aviation Act of 1958 to establish time 
limitations on certain civil actions against aircraft manufacturers, 
and for other purposes, as follows:

       On page 4, strike out line 15 and all that follows through 
     page 5, line 3, and insert in lieu thereof the following:
       ``(3) the term `limitation period' means 18 years with 
     respect to general aviation aircraft and the components, 
     systems, subassemblies, and other parts of such aircraft; 
     and''
                                 ______


               OLD U.S. MINT IN SAN FRANCISCO ACT OF 1994

                                 ______


                 McCAIN (AND BOXER) AMENDMENT NO. 2441

  Mr. COHEN (for Mr. McCain for himself and Mrs. Boxer) proposed an 
amendment to the bill (S. 2185) to require the Secretary of the 
Treasury to transfer to the Administrator of General Services the Old 
U.S. Mint in San Francisco, and for other purposes; as follows;

       Add at the end of the bill the following new section:

     SEC. 2. REPAIRS OF OLD U.S. MINT, SAN FRANCISCO.

       (A) In General. Nothing in this Act shall be construed to 
     force the General Services Administration to repair the Old 
     U.S. Mint building prior to repairs to other Federal 
     buildings in greater need of repair.
                                 ______


              THE IMPROVING AMERICA'S SCHOOLS ACT OF 1993

                                 ______


                  GRAMM (AND DOLE) AMENDMENT NO. 2442

  Mr. GRAMM (for himself and Mr. Dole) proposed an amendment to the 
bill S. 1513, supra; as follows:

       At the appropriate place insert the following:

     SEC.   . INCREASED MANDATORY MINIMUM SENTENCES FOR CRIMINALS 
                   USING FIREARMS.

       Section 924(c)(1) of title 18, United States Code, is 
     amended by inserting after the first sentence the following: 
     ``Except to the extent a greater minimum sentence is 
     otherwise provided by the preceding sentence or by any other 
     provision of this subsection or any other law, a person who, 
     during and in relation to any crime of violence or drug 
     trafficking crime (including a crime of violence or drug 
     trafficking crime which provides for an enhanced punishment 
     if committed by the use of a deadly or dangerous weapon or 
     device) for which a person may be prosecuted in a court of 
     the United States, uses or carries a firearm, shall, in 
     addition to the punishment provided for such crime of 
     violence or drug trafficking crime--
       ``(A) be punished by imprisonment for not less than 10 
     years;
       ``(B) if the firearm is discharged, be punished by 
     imprisonment for not less than 20 years; and
       ``(C) if the death of a person results, be punished by 
     death or by imprisonment for not less than life.

     ``Notwithstanding any other provision of law, the court shall 
     not place on probation or suspend the sentence of any person 
     convicted of a violation of this subsection, nor shall the 
     term of imprisonment imposed under this subsection run 
     concurrently with any other term of imprisonment including 
     that imposed for the crime of violence or drug trafficking 
     crime in which the firearm was used or carried. No person 
     sentenced under this subsection shall be eligible for parole 
     during the term of imprisonment imposed herein.''.

     SEC.   . FLEXIBILITY IN APPLICATION OF MANDATORY MINIMUM 
                   SENTENCE PROVISIONS IN CERTAIN CIRCUMSTANCES.

       (a) Amendment of Title 18, United States Code.--Section 
     3553 of title 18, United States Code, is amended by adding at 
     the end the following new subsection:
       ``(f) Mandatory Minimum Sentence Provisions.--
       ``(1) Sentencing under this section.--In the case of an 
     offense described in paragraph (2), the court shall, 
     notwithstanding the requirement of a mandatory minimum 
     sentence in that section, impose a sentence in accordance 
     with this section and the sentencing guidelines and any 
     pertinent policy statement issued by the United States 
     Sentencing Commission.
       ``(2) Offenses.--An offense is described in this paragraph 
     if--
       ``(A) the defendant is subject to a mandatory minimum term 
     of imprisonment under section 401 or 402 of the Controlled 
     Substances Act (21 U.S.C. 841 and 844) or section 1010 of the 
     Controlled Substances Import and Export Act (21 U.S.C. 960);
       ``(B) the defendant does not have--
       ``(i) more than 0 criminal history point under the 
     sentencing guidelines; or
       ``(ii) any prior conviction, foreign or domestic, for a 
     crime of violence against the person or drug trafficking 
     offense that resulted in a sentence of imprisonment (or an 
     adjudication as a juvenile delinquent for an act that, if 
     committed by an adult, would constitute a crime of violence 
     against the person or drug trafficking offense;
       ``(C) the offense did not result in death or serious bodily 
     injury (as defined in section 1365) to any person--
       ``(i) as a result of the act of any person during the 
     course of the offense; or
       ``(ii) as a result of the use by any person of a controlled 
     substance that was involved in the offense;
       ``(D) the defendant did not carry or otherwise have 
     possession of a firearm (as defined in section 921) or other 
     dangerous weapon during the course of the offense and did not 
     direct another person who possessed a firearm to do so and 
     the defendant had no knowledge of any other conspirator 
     involved possessing a firearm;
       ``(E) the defendant was not an organizer, leader, manager, 
     or supervisor of others (as defined or determined under the 
     sentencing guidelines) in the offense; and
       ``(F) the defendant was nonviolent in that the defendant 
     did not use, attempt to use, or make a credible threat to use 
     physical force against the person of another during the 
     course of the offense.
       ``(G) the defendant did not own the drugs, finance any part 
     of the offense or sell the drugs.''.
       (b) Harmonization.--
       (1) In general.--The United States Sentencing Commission--
       (A) may make such amendments as it deems necessary and 
     appropriate to harmonize the sentencing guidelines and policy 
     statements with section 3553(f) of title 18, United States 
     Code, as added by subsection (a), and promulgate policy 
     statements to assist the courts in interpreting that 
     provision; and
       (B) shall amend the sentencing guidelines, if necessary, to 
     assign to an offense under section 401 or 402 of the 
     Controlled Substances Act (21 U.S.C. 841 and 844) or section 
     1010 of the Controlled Substances Import and Export Act (21 
     U.S.C. 960) to which a mandatory minimum term of imprisonment 
     applies a guideline level that will result in the imposition 
     of a term of imprisonment at least equal to the mandatory 
     term of imprisonment that is currently applicable unless a 
     downward adjustment is authorized under section 3553(f) of 
     title 18, United States Code, as added by subsection (a).
       (2) If the Commission determines that an expedited 
     procedure is necessary in order for amendments made pursuant 
     to paragraph (1) to become effective on the effective date 
     specified in subsection (c), the Commission may promulgate 
     such amendments as emergency amendments under the procedures 
     set forth in section 21(a) of the Sentencing Act of 1987 
     (Public Law 100-182; 101 Stat. 1271), as though the authority 
     under that section had not expired.
       (c) Effective Date.--The amendment made by subsection (a) 
     and any amendments to the sentencing guidelines made by the 
     United States Sentencing Commission pursuant to subsection 
     (b) shall apply with respect to sentences imposed for 
     offenses committed on or after the date that is 60 days after 
     the date of enactment of this Act. Notwithstanding any other 
     provision of law, any defendant who has been sentenced 
     pursuant to section 3553(f) who is subsequently convicted of 
     a violation of the Controlled Substances Act or any crime of 
     violence for which imposition of a mandatory minimum term of 
     imprisonment is required, he or she shall be sentenced to an 
     additional 5 years imprisonment.
       (c) Supersedure of Other Law.--The amendment made by 
     subsection (a) supersedes any other law authorizing a 
     downward adjustment of a mandatory minimum term of 
     imprisonment for an offense as described in subsection (a).

     SEC.   . MANDATORY MINIMUM PRISON SENTENCES FOR THOSE WHO 
                   SELL ILLEGAL DRUGS TO MINORS OR WHO USE MINORS 
                   IN DRUG TRAFFICKING ACTIVITIES.

       (a) Distribution to Persons Under Age 18.--Section 418 of 
     the Controlled Substances Act (21 U.S.C. 859) is amended--
       (1) in subsection (a) (first offense) by inserting after 
     the second sentence ``Except to the extent a greater minimum 
     sentence is otherwise provided by section 401(b), a term of 
     imprisonment under this subsection in a case involving 
     distribution to a person under 18 years of age by a person 21 
     or more years of age shall be not less than 10 years. 
     Notwithstanding any other provision of law, the court shall 
     not place on probation or suspend the sentence of any person 
     sentenced under the preceding sentence.''; and
       (2) in subsection (b) (second offense) by inserting after 
     the second sentence ``Except to the extent a greater sentence 
     is otherwise authorized by section 401(b), a term of 
     imprisonment under this subsection in a case involving 
     distribution to a person under 18 years of age by a person 21 
     or more years of age shall be a mandatory term of life 
     imprisonment. Notwithstanding any other provision of law, the 
     court shall not place on probation or suspend the sentence of 
     any person sentenced under the preceding sentence.''.
       (b) Employment of Persons Under 18 Years of Age.--Section 
     420 of the Controlled Substances Act (21 U.S.C. 861) is 
     amended--
       (1) in subsection (b) by adding at the end the following: 
     ``Except to the extent a greater minimum sentence is 
     otherwise provided, a term of imprisonment of a person 21 or 
     more years of age convicted of drug trafficking under this 
     subsection shall be no less than 10 years. Notwithstanding 
     any other provision of law, the court shall not place on 
     probation or suspend the sentence of any person sentenced 
     under the preceding sentence.''; and
       (2) in subsection (c) (penalty for second offenses) by 
     inserting after the second sentence the following: ``Except 
     to the extent a greater minimum sentence is otherwise 
     provided, a term of imprisonment of a person 21 or more years 
     of age convicted of drug trafficking under this subsection 
     shall be a mandatory term of life imprisonment. 
     Notwithstanding any other provision of law, the court shall 
     not place on probation or suspend the sentence of any person 
     sentenced under the preceding sentence.''.

         Subtitle E--Rules of Evidence, Practice and Procedure

     SEC. 831. ADMISSIBILITY OF EVIDENCE OF SIMILAR CRIMES IN SEX 
                   OFFENSE CASES.

       The Federal Rules of Evidence are amended by adding after 
     Rule 412 the following new rules:

     ``Rule 413. Evidence of Similar Crimes in Sexual Assault 
       Cases

       ``(a) In a criminal case in which the defendant is accused 
     of an offense of sexual assault, evidence of the defendant's 
     commission of another offense or offenses of sexual assault 
     is admissible, and may be considered for its bearing on any 
     matter to which it is relevant.
       ``(b) In a case in which the Government intends to offer 
     evidence under this rule, the attorney for the Government 
     shall disclose the evidence to the defendant, including 
     statements of witnesses or a summary of the substance of any 
     testimony that is expected to be offered, at least fifteen 
     days before the scheduled date of trial or at such later time 
     as the court may allow for good cause.
       ``(c) This rule shall not be construed to limit the 
     admission or consideration of evidence under any other rule.
       ``(d) For purposes of this rule and Rule 415, ``offense of 
     sexual assault'' means a crime under Federal law or the law 
     of a State (as defined in section 513 of title 18, United 
     States Code) that involved--
       ``(1) any conduct proscribed by chapter 109A of title 18, 
     United States Code;
       ``(2) contact, without consent, between any part of the 
     defendant's body or an object and the genitals or anus of 
     another person;
       ``(3) contact, without consent, between the genitals or 
     anus of the defendant and any part of another person's body;
       ``(4) deriving sexual pleasure or gratification from the 
     infliction of death, bodily injury, or physical pain on 
     another person; or
       ``(5) an attempt or conspiracy to engage in conduct 
     described in paragraphs (1)-(4).

     ``Rule 414. Evidence of Similar Crimes in Child Molestation 
       Cases

       ``(a) In a criminal case in which the defendant is accused 
     of an offense of child molestation, evidence of the 
     defendant's commission of another offense or offenses of 
     child molestation is admissible, and may be considered for 
     its bearing on any matter to which it is relevant.
       ``(b) In a case in which the Government intends to offer 
     evidence under this rule, the attorney for the Government 
     shall disclose the evidence to the defendant, including 
     statements of witnesses or a summary of the substance of any 
     testimony that is expected to be offered, at least fifteen 
     days before the scheduled date of trial or at such later time 
     as the court may allow for good cause.
       ``(c) This rule shall not be construed to limit the 
     admission or consideration of evidence under any other rule.
       ``(d) For purposes of this rule and Rule 415, ``child'' 
     means a person below the age of fourteen, and ``offense of 
     child molestation'' means a crime under Federal law or the 
     law of a State (as defined in section 513 of title 18, United 
     States Code) that involved--
       ``(1) any conduct proscribed by chapter 109A of title 18, 
     United States Code, that was committed in relation to a 
     child;
       ``(2) any conduct proscribed by chapter 110 of title 18, 
     United States Code;
       ``(3) contact between any part of the defendant's body or 
     an object and the genitals or anus of a child;
       ``(4) contact between the genitals or anus of the defendant 
     and any part of the body of a child;
       ``(5) deriving sexual pleasure or gratification from the 
     infliction of death, bodily injury, or physical pain on a 
     child; or
       ``(6) an attempt or conspiracy to engage in conduct 
     described in paragraphs (1)-(5).

     ``Rule 415. Evidence of Similar Acts in Civil Cases 
       Concerning Sexual Assault or Child Molestation

       ``(a) In a civil case in which a claim for damages or other 
     relief is predicated on a party's alleged commission of 
     conduct constituting an offense of sexual assault or child 
     molestation, evidence of that party's commission of another 
     offense or offenses of sexual assault or child molestation is 
     admissible and may be considered as provided in Rule 413 and 
     Rule 414 of these rules.
       ``(b) A party who intends to offer evidence under this Rule 
     shall disclose the evidence to the party against whom it will 
     be offered, including statements of witnesses or a summary of 
     the substance of any testimony that is expected to be 
     offered, at least fifteen days before the scheduled date of 
     trial or at such later time as the court may allow for good 
     cause.
       ``(c) This rule shall not be construed to limit the 
     admission or consideration of evidence under any other 
     rule.''

                                 ______


                       KENNEDY AMENDMENT NO. 2443

  Mr. KENNEDY proposed an amendment to the bill S. 1513, supra; as 
follows:

       On page 2, strike lines 17-27, and on page 5, strike lines 
     1 through 7. Insert in lieu thereof the following:
       ``(3) the term `eligible local education agency' means a 
     local educational agency in which--
       (A) at least 15 percent of the children that reside in the 
     geographic area served by such agency are eligible to be 
     counted under section 1123(c)(1) of this Act; or
       (B) the United States owns Federal property described in 
     paragraph (5) of section 9014 that has an assessed value 
     (determined as of the time or times when acquired) 
     aggregating 90 percent or more of the assessed value of all 
     real property in such agency (determined as of the time or 
     times when so acquired); and
       (C) demonstrates in the application submitted under section 
     15006 that such agency has urgent repair, renovation, 
     alteration and construction needs for its public elementary 
     or secondary school libraries, media centers, and facilities 
     used for academic or vocational instruction.
       On page 1235, beginning with line 10, strike all through 
     page 1244, line 19, and insert the following:

     ``SEC. 15003. PURPOSE.

       ``It is the purpose of this title to help our Nation meet 
     the National Education Goals through the repair, renovation, 
     alteration, and construction of public elementary and 
     secondary school libraries, media centers, and facilities, 
     used for academic or vocational instruction.

     ``SEC. 15004. DEFINITIONS.

       ``For the purpose of this title--
       ``(1) the term `alteration' means any change to an existing 
     property for use for a different purpose or function;
       ``(2) the term `construction' means the erection of a 
     building, structure, or facility, including the concurrent 
     installation of equipment, site preparation, associated 
     roads, parking, and utilities, which provides area or cubage 
     not previously available, including--
       ``(A) freestanding structures, additional wings, or floors, 
     enclosed courtyards or entryways, and any other means to 
     provide usable program space that did not previously exist; 
     and
       ``(B) the complete replacement of an existing facility, but 
     only if such replacement is less expensive than alteration, 
     renovation, or repair of the facility;
       ``(3) the term `eligible local educational agency' means a 
     local educational agency--
       ``(A) in which at least 15 percent of the children who 
     reside in the geographic area served by such agency are 
     eligible to be counted under section 1123(c)(1); and
       ``(B) demonstrates in the application submitted under 
     section 15006 that such agency has urgent repair, renovation, 
     alteration or construction needs for its public elementary or 
     secondary school libraries, media centers, and facilities, 
     used for academic or vocational instruction;
       ``(4) the term `renovation' means any change to an existing 
     property to allow its more efficient use within such 
     property's designated purpose; and
       ``(5) the term `repair' means the restoration of a failed 
     or failing real property facility, component, or a building 
     system to such a condition that such facility, component, or 
     system may be used effectively for its designated purpose, 
     if, due to the nature or extent of the deterioration or 
     damage to such facility, component, or system, such 
     deterioration or damage cannot be corrected through normal 
     maintenance.

     ``SEC. 15005. IMPROVEMENT OF PUBLIC ELEMENTARY AND SECONDARY 
                   EDUCATION FACILITIES PROGRAM AUTHORIZED.

       ``(a) Program Authority.--
       ``(1) In general.--From amounts appropriated under 
     subsection (b) for any fiscal year, the Secretary shall award 
     grants to eligible local educational agencies with 
     applications approved under section 15006 to carry out the 
     authorized activities described in section 15008.
       ``(2) Special rule.--The Secretary may reserve not more 
     than 1 percent of the amount appropriated under subsection 
     (b) to provide assistance to Indian schools in accordance 
     with this title.
       ``(b) Authorization of Appropriations.--There are 
     authorized to be appropriated $400,000,000 for fiscal year 
     1995, and such sums as may be necessary for each of the 4 
     succeeding fiscal years, to carry out this title.

     ``SEC. 15006. APPLICATIONS.

       ``(a) Applications Required.--Each eligible local 
     educational agency desiring to receive a grant under this 
     title shall submit an application to the Secretary.
       ``(b) Application Contents.--Each application described in 
     subsection (a) shall contain--
       ``(1) an assurance that the application was developed in 
     consultation with parents and classroom teachers;
       ``(2) a description of each architectural, civil, 
     structural, mechanical, or electrical deficiency to be 
     corrected with funds provided under this title, including the 
     priority for the repair of the deficiency;
       ``(3) a description of the criteria used by the applicant 
     to determine the type of corrective action necessary to meet 
     the purpose of this title;
       ``(4) a description of the corrective action to be 
     supported with funds provided under this title;
       ``(5) a cost estimate of the proposed corrective action;
       ``(6) an identification of other resources, including 
     unused bonding capacity, that are available to carry out the 
     activities for which funds are requested under this title;
       ``(7) a description of how activities supported with funds 
     provided under this title will promote energy conservation; 
     and
       ``(8) such other information and assurances as the 
     Secretary may reasonably require.

     ``SEC. 15007. AWARD OF GRANTS.

       ``(a) Criteria.--The Secretary shall award grants under 
     this title on the basis of--
       ``(1) high numbers or percentages of the total number of 
     children aged 5 to 17, inclusive, residing in the geographic 
     area served by an eligible local educational agency who are 
     counted under section 1123(c)(1);
       ``(2) the extent to which the eligible local educational 
     agency lacks the fiscal capacity, including the ability to 
     raise funds through the full use of such agency's bonding 
     capacity and otherwise, to undertake the project without 
     Federal assistance; and
       ``(3) such other criteria as the Secretary may prescribe by 
     regulation.
       ``(b) Special Rule.--The Secretary shall only award grants 
     under this title if the Secretary determines that sufficient 
     funds will be provided under this title or from other 
     sources, including the issuance of bonds, to carry out the 
     activities for which assistance is sought.
       ``(c) Award Categories.--
       ``(1) In general.--From the funds appropriated to carry out 
     this title for each fiscal year, the Secretary shall award 
     grants to eligible local educational agencies in each of the 
     following categories:
       ``(A) Eligible local educational agencies in which the 
     number of students enrolled is less than 2,500.
       ``(B) Such agencies in which such number is 2,500 or 
     greater but less than 5,000.
       ``(C) Such agencies in which such number is 5,000 or 
     greater but less than 10,000.
       ``(D) Such agencies in which such number is 10,000 or 
     greater but less than 25,000.
       ``(E) Such agencies in which such number is 25,000 or 
     greater but less than 50,000.
       ``(F) Such agencies in which such number is 50,000 or 
     greater.
       ``(2) Allocation among categories.--The Secretary shall 
     allocate funds under this title among the categories 
     described in paragraph (1) on such basis as the Secretary 
     determines is appropriate, after considering such factors 
     as--
       ``(A) the relative numbers or percentages of students 
     counted under section 1123(c)(1); and
       ``(B) the relative costs of carrying out activities under 
     this title in eligible local educational agencies in each 
     such category.
       ``(d) Maximum Award Amounts.--The Secretary shall annually 
     set the maximum award amounts for each category described in 
     subsection (c)(1).
       ``(e) Frequency of Awards.--No local educational agency may 
     receive more than one grant under this title in any five-year 
     period.

     ``SEC. 15008. AUTHORIZED ACTIVITIES.

       ``(a) In General.--Each eligible local educational agency 
     receiving a grant under this title shall use the grant funds 
     only to--
       ``(1) ensure the health and safety of students through the 
     repair, renovation, alteration, and construction of a public 
     elementary or secondary school library, media center, or 
     facility, used for academic or vocational instruction; or
       ``(2) upgrade or alter such library, center, or facility in 
     order to accommodate new instructional technology.
       ``(b) Particular Activities.--Subject to subsection (a), 
     each eligible local educational agency receiving a grant 
     under this title may use the grant funds for activities such 
     as--
       ``(1) meeting the requirements of section 504 of the 
     Rehabilitation Act of 1973 and the Americans with 
     Disabilities Act of 1990;
       ``(2) removal or containment of severely hazardous material 
     such as asbestos, lead, and radon using a cost-effective 
     method;
       ``(3) meeting Federal, State, or local codes related to 
     fire, air, light, noise, waste disposal, building height, or 
     other codes passed since the initial construction of such 
     library, center, or facility; and
       ``(4) replacing an old such library, center, or facility 
     that is more cost-effective to tear down than to renovate.

     ``SEC. 15009. REQUIREMENTS.

       ``(a) Special Rules.--
       ``(1) Maintenance of effort.--An eligible local educational 
     agency may receive a grant under this title for any fiscal 
     year only if the Secretary finds that either the 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 local educational agency for 
     the preceding fiscal year was not less than 90 percent of 
     such combined fiscal effort or aggregate expenditures for the 
     fiscal year for which the determination is made.
       ``(2) Supplement not supplant.--An eligible local 
     educational agency shall use funds received under this title 
     only to supplement the amount of funds that would, in the 
     absence of such Federal funds, be made available from non-
     Federal sources for the repair, renovation, alteration, and 
     construction of school facilities used for educational 
     purposes, and not to supplant such funds.
       ``(b) General Limitations.--
       ``(1) Real property.--No part of any grant funds under this 
     title shall be used for the acquisition of any interest in 
     real property.
       ``(2) Maintenance.--Nothing in this title shall be 
     construed to authorize the payment of maintenance costs in 
     connection with any projects constructed in whole or in part 
     with Federal funds provided under this title.
       ``(3) Environmental safeguards.--All projects carried out 
     with Federal funds provided under this title shall comply 
     with all relevant Federal, State, and local environmental 
     laws and regulations.
       ``(4) Athletic and similar facilities.--No funds received 
     under this title shall be used for stadiums or other 
     facilities that are primarily used for athletic contests or 
     exhibitions or other events for which admission is charged to 
     the general public.

     ``SEC. 15010. FAIR WAGES.

       ``All laborers and mechanics employed by contractors or 
     subcontractors in the performance of any contract and 
     subcontract for the repair, renovation, alteration, or 
     construction, including painting and decorating, of any 
     building or work that is financed in whole or in part by a 
     grant under this title, shall be paid wages not less than 
     those determined by the Secretary of Labor in accordance with 
     the Act of March 3, 1931 (commonly known as the Davis-Bacon 
     Act); as amended (40 U.S.C. 276a-276a-5). The Secretary of 
     Labor shall have the authority and functions set forth in 
     reorganization plan of No. 14 of 1950 (15 FR 3176; 64 Stat. 
     1267) and section 2 of the Act of June 1, 1934 (commonly 
     known as the Copeland Anti-Kickback Act) as amended (40 
     U.S.C. 276c, 48 Stat. 948).

     ``SEC. 15011. FEDERAL ASSESSMENT.

       ``The Secretary shall reserve not more than 1 percent of 
     funds appropriated for each fiscal year under section 
     15005(b)--
       On page 1035, between lines 11 and 12, insert the 
     following:

            ``PART P--PROMOTING SCHOLAR-ATHLETE COMPETITIONS

     ``SEC. 8901. FINDINGS.

       ``The Congress finds that--
       ``(1) athletic and intellectual competition can be a force 
     for understanding and friendship among an economically and 
     culturally diverse population;
       ``(2) the World Scholar-Athlete Games in 1993 brought 
     together 2,000 young scholars ranging in age from 16 to 19 
     who are talented in art, creative writing, poetry, singing or 
     athletics, from 125 countries and all 50 States; and
       ``(3) through experiences on the playing field, in group 
     discussions and informal gatherings, scholar-athlete 
     competitions can foster understanding, acceptance and 
     friendship among students who might otherwise never interact.

     ``SEC. 8902. PURPOSE.

       ``It is the purpose of this part to provide authorization 
     for the establishment of a model educational, athletic, and 
     cultural event that--
       ``(1) is intended to bring together academically qualified 
     youth of diverse cultural, economic, and social backgrounds;
       ``(2) is replicated by each State; and
       ``(3) invites adult and student leaders in education, 
     business and government representing all 50 States to attend 
     and observe the model event, including such event's 
     educational and cultural programs, so that such leaders are 
     qualified to administer similar events in their home States.

     ``SEC. 8903. PROGRAM AUTHORIZED.

       ``(a) Program Authorized.--
       ``(1) In general.--(A) If funds are appropriated pursuant 
     to the authority of subsection (c) for fiscal year 1995, the 
     Secretary is authorized to award a grant to a nonprofit 
     organization to enable such organization to carry out model 
     scholar-athlete games in accordance with the purpose of this 
     part.
       ``(B) If funds are appropriated pursuant to the authority 
     of subsection (c) for fiscal year 1996, the Secretary is 
     authorized to award a grant to a nonprofit organization to 
     reimburse such organization for the costs of conducting 
     scholar-athlete games in 1995.
       ``(2) Special rule.--Scholar-athlete games assisted under 
     this part shall be held in 1995.
       ``(3) Priority.--In awarding grants under this part, the 
     Secretary shall give priority to a nonprofit organization 
     that--
       ``(A) is described in section 501(c)(3) of, and exempt from 
     taxation under section 501(a) of, the Internal Revenue Code 
     of 1986, and is affiliated with a university capable of 
     hosting a large educational, cultural, and athletic event 
     that will serve as a national model;
       ``(B) has capability to administer federally funded 
     scholar-athlete programs;
       ``(C) has the ability to provide matching funds, on a 
     dollar-for-dollar basis, from foundations and the private 
     sector for the purpose of conducting a scholar-athlete 
     program;
       ``(D) has the organizational structure and capability to 
     administer a model scholar-athlete program in the summer of 
     1995;
       ``(E) has the organizational structure and expertise to 
     replicate the scholar-athlete program in various venues 
     throughout the United States in 1996 and thereafter, as well 
     as replicate such program internationally; and
       ``(F) the Secretary determines has plans for conducting 
     scholar-athlete games after 1995 without Federal assistance.
       ``(b) Payments.--From the amount authorized to be 
     appropriated pursuant to the authority of subsection (c) for 
     fiscal year 1995, the Secretary is authorized to make grant 
     payments of 50 percent of such amount at the beginning of 
     such year and the remaining 50 percent of such amount 
     incrementally according to procedures established by the 
     Secretary.
       ``(c) Authorization of Appropriations.--There are 
     authorized to be appropriated $1,000,000 for each of the 
     fiscal years 1995 and 1996 to carry out this part.
       On page 1368, after line 24, insert the following:
   TITLE ____--ALBERT EINSTEIN DISTINGUISHED EDUCATOR FELLOWSHIP ACT

     SEC. ____01. SHORT TITLE.

       This title may be cited as the ``Albert Einstein 
     Distinguished Educator Fellowship Act of 1994''.

     SEC. ____02. FINDINGS.

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

     SEC. ____03. PURPOSE; DESIGNATION.

       (a) Purpose.--The purpose of this title is to establish 
     within the Department of Energy a national fellowship program 
     for elementary and secondary school mathematics and science 
     teachers.
       (b) Designation.--A recipient of a fellowship under this 
     title shall be known as an ``Albert Einstein Fellow''.

     SEC. ____04. DEFINITIONS.

       As used in this title--
       (1) the term ``elementary school'' has the meaning provided 
     by section 10101(11) of the Elementary and Secondary 
     Education Act of 1965, as amended by title I of this Act;
       (2) the term ``local educational agency'' has the meaning 
     provided by section 10101(15) of the Elementary and Secondary 
     Education Act of 1965, as so amended;
       (3) the term ``secondary school'' has the meaning provided 
     by section 10101(21) of the Elementary and Secondary 
     Education Act of 1965, as so amended; and
       (4) the term ``Secretary'' means the Secretary of Energy.

     SEC. ____05. FELLOWSHIP PROGRAM.

       (a) In General.--
       (1) Establishment.--The Secretary shall establish the 
     Albert Einstein Distinguished Educator Fellowship Program 
     (referred to in this title as the ``Program'') to provide 12 
     elementary or secondary school mathematics or science 
     teachers with fellowships in each fiscal year in accordance 
     with this title.
       (2) Order of priority.--The Secretary may reduce the number 
     of fellowships awarded under this title for any fiscal year 
     in which the amount appropriated for the Program is 
     insufficient to support 12 fellowships. If the number of 
     fellowships awarded under this title is reduced for any 
     fiscal year, then the Secretary shall award fellowships based 
     on the following order of priority:
       (A) Three fellowships in the Department of Energy.
       (B) Two fellowships in the Senate.
       (C) Two fellowships in the House of Representatives.
       (D) One fellowship in each of the following entities:
       (i) The Department of Education.
       (ii) The National Institutes of Health.
       (iii) The National Science Foundation.
       (iv) The National Aeronautics and Space Administration.
       (v) The Office of Science and Technology Policy.
       (3) Terms of fellowships.--Each fellowship awarded under 
     this title shall be awarded for a period of ten months that, 
     to the extent practicable, coincides with the academic year.
       (4) Eligibility.--To be eligible for a fellowship under 
     this title, an elementary or secondary school mathematics or 
     science teacher must demonstrate--
       (A) that such teacher would bring unique and valuable 
     contributions to the Program;
       (B) that such teacher is recognized for excellence in 
     mathematics or science education; and
       (C)(i) a sabbatical leave from teaching will be granted in 
     order to participate in the Program; or
       (ii) the teacher will return to a teaching position 
     comparable to the position held prior to participating in the 
     Program.
       (b) Administration.--The Secretary shall--
       (1) provide for the development and administration of an 
     application and selection process for fellowships under the 
     Program, including a process whereby final selections of 
     fellowship recipients are made in accordance with subsection 
     (c);
       (2) provide for the publication of information on the 
     Program in appropriate professional publications, including 
     an invitation for applications from teachers listed in the 
     directories of national and State recognition programs;
       (3) select from the pool of applicants 12 elementary and 
     secondary school mathematics teachers and 12 elementary and 
     secondary school science teachers;
       (4) develop a program of orientation for fellowship 
     recipients under this title; and
       (5) not later than August 31 of each year in which 
     fellowships are awarded, prepare and submit an annual report 
     and evaluation of the Program to the appropriate Committees 
     of the Senate and the House of Representatives.
       (c) Selection.--
       (1) In general.--The Secretary shall arrange for the 24 
     semifinalists to travel to Washington, D.C., to participate 
     in interviews in accordance with the selection process 
     described in paragraph (2).
       (2) Final selection.--(A) Not later than May 1 of each year 
     preceding each year in which fellowships are to be awarded, 
     the Secretary shall select and announce the names of the 
     fellowship recipients.
       (B) The Secretary shall provide for the development and 
     administration of a process to select fellowship recipients 
     from the pool of semifinalists as follows:
       (i) The Secretary shall select three fellowship recipients 
     who shall be assigned to the Department of Energy.
       (ii) The Majority Leader of the Senate and the Minority 
     Leader of the Senate, or their designees, shall each select a 
     fellowship recipient who shall be assigned to the Senate.
       (iii) The Speaker of the House of Representatives and the 
     Minority Leader of the House of Representatives, or their 
     designees, shall each select a fellowship recipient who shall 
     be assigned to the House of Representatives.
       (iv) Each of the following individuals, or their designees, 
     shall select one fellowship recipient who shall be assigned 
     within the department, office, agency, or institute such 
     individual administers:
       (I) The Secretary of Education.
       (II) The Director of the National Institutes of Health.
       (III) The Director of the National Science Foundation.
       (IV) The Administrator of the National Aeronautics and 
     Space Administration.
       (V) The Director of the Office of Science and Technology 
     Policy.

     SEC. ____06. FELLOWSHIP AWARDS.

       (a) Fellowship Recipient Compensation.--Each recipient of a 
     fellowship under this title shall be paid during the 
     fellowship period at a rate of pay that shall not exceed the 
     minimum annual rate payable for a position under GS-13 of the 
     General Schedule.
       (b) Local Educational Agency.--The Secretary shall seek to 
     ensure that no local educational agency penalizes a teacher 
     who elects to participate in the Program.

     SEC. ____07. WASTE MANAGEMENT EDUCATION RESEARCH CONSORTIUM 
                   (WERC).

       The Secretary is authorized to establish a partnership of 
     Department of Energy laboratories, academic institutions, and 
     private sector industries to conduct environmentally related 
     education programs, including programs involving 
     environmentally conscious manufacturing and waste management 
     activities that have undergraduate and graduate educational 
     training as a component.

     SEC. ____08. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated 
     for the Program $700,000 for fiscal year 1995, and such sums 
     as may be necessary for each of the fiscal years 1996 through 
     2001.
       (b) WERC Program.-- There are authorized to be appropriated 
     for the WERC program under section ____07 such sums as may be 
     necessary for each of the fiscal years 1996 through 2001.
       On page 1137, beginning with line 9, strike all through 
     page 1138, line 2, and insert the following:

     ``SEC. 10204. ADMINISTRATIVE FUNDS STUDY.

       ``(a) Study.--
       ``(1) In general.--The Secretary shall conduct a study of 
     the use of funds under this Act for the administration, by 
     State and local educational agencies, of all covered 
     programs, including the percentage of grant funds used for 
     such purpose in all covered programs.
       ``(2) Results.--Based on the results of the study described 
     in paragraph (1), the Secretary shall, within one year of the 
     completion of such study, promulgate final regulations 
     regarding the use of funds for administration under all 
     covered programs, including the use of such funds on a 
     consolidated basis and limitations on the amount of such 
     funds that may be used for administration.
       ``(b) Report.--The Secretary shall complete the study 
     conducted under this section not later than 1 year after the 
     date of enactment of the Improving America's Schools Act of 
     1994 and shall submit to the President and the appropriate 
     committees of the Congress a report regarding such study 
     within 30 days of the completion of such study.
       On page ____, between lines ____ and ____, insert the 
     following:

     ``SEC. 9302. FINDINGS.

       ``The Congress finds and declares as follows:
       ``(1) Native Hawaiians are a distinct and unique indigenous 
     people with a historical continuity to the original 
     inhabitants of the Hawaiian archipelago, whose society was 
     organized as a nation and internationally recognized as such 
     by the United States, Britain, France and Japan, as evidence 
     by treaties governing friends, commerce, and navigation.
       ``(2) At the time of the arrival of the first non-
     indigenous people in Hawai`i in 1778, the Native Hawaiian 
     people lived in a highly organized, self-sufficient 
     subsistence social system based on a communal land tenure 
     system with a sophisticated language, culture, and religion.
       ``(3) From 1826 until 1893, the United States recognized 
     the sovereignty and independence of the Kingdom of Hawai`i, 
     which was established in 1810 under Kamehameha I, extended 
     full and complete diplomatic recognition to the Kingdom of 
     Hawai`i, and entered into treaties and conventions with the 
     Kingdom of Hawai`i to govern friendship, commerce and 
     navigation in 1826, 1842, 1849, 1875, and 1887.
       ``(4) In 1893, the sovereign, independent, internationally 
     recognized, and indigenous government of Hawai`i, the Kingdom 
     of Hawai`i, was overthrown by a small group of non-Hawaiians, 
     including United States citizens, who were assisted in their 
     efforts by the United States Minister, a United States naval 
     representative, and armed naval forces of the United States. 
     Because of the participation of United States agents and 
     citizens in the overthrow of the Kingdom of Hawai`i, the 
     Congress, on behalf of the people of the United States, 
     apologized to Native Hawaiians for the overthrow and the 
     deprivation of the rights of Native Hawaiians to self-
     determination through Public Law 103-150 (107 Stat. 1510).
       ``(5) In 1898, the joint resolution entitled `A Joint 
     Resolution to provide for annexing the Hawaiian Islands to 
     the United States', approved July 7, 1898 (30 Stat. 750), 
     ceded absolute title of all lands held by the Republic of 
     Hawai`i, including the government and crown lands of the 
     former Kingdom of Hawai`i, to the United States, but mandated 
     that revenue generated from these lands be used `solely for 
     the benefit of the inhabitants of the Hawaiian Islands for 
     educational and other public purposes'.
       ``(6) By 1919, the Native Hawaiian population had declined 
     from an estimated 1,000,000 in 1778 to an alarming 22,600, 
     and in recognition of this severe decline, the Congress in 
     1921 enacted the Hawaiian Homes Commission Act, 1920, which 
     designated approximately 200,000 acres of ceded public lands 
     for homesteading by Native Hawaiians.
       ``(7) Through the enactment of the Hawaiian Homes 
     Commission Act, 1920, the Congress affirmed the special 
     relationship between the United States and the Native 
     Hawaiians, as expressed by then Secretary of the Interior 
     Franklin K. Lane, who was quoted in the committee report for 
     the Hawaiian Homes Commission Act, 1920, as saying: `One 
     thing that impressed me . . . was the fact that the natives 
     of the island who are our wards, I should say, and for whom 
     in a sense we are trustees, are falling off rapidly in 
     numbers and many of them are in poverty.'.
       ``(8) In 1959, under the Act entitled `An Act to provide 
     for the admission of the State of Hawaii into the Union', 
     approved March 18, 1959 (73 Stat. 4), the United States 
     transferred responsibility for the administration of the 
     Hawaiian Home Lands to the State of Hawai`i but reaffirmed 
     the special relationship which existed between the United 
     States and the Hawaiian people by retaining the exclusive 
     power to enforce the trust, including the power to approve 
     land exchanges and legislative amendments affecting the 
     rights of beneficiaries under such Act.
       ``(9) In 1959, under the Act entitled `An Act to provide 
     for the admission of the State of Hawaii into the Union', 
     approved March 18, 1959 (73 Stat. 4), the United States ceded 
     to the State of Hawai`i title to the public lands formerly 
     held by the United States, but mandated that such lands be 
     held by the State `in public trust' and reaffirmed the 
     special relationship which existed between the United States 
     and the Hawaiian people by retaining the legal responsibility 
     to enforce the public trust responsibility of the State of 
     Hawai`i for the betterment of the conditions of Native 
     Hawaiians, as defined in section 201(a) of the Hawaiian Homes 
     Commission Act, 1920.
       ``(10) The United States assumed special responsibilities 
     for Native Hawaiian lands and resources at the time of the 
     annexation of the Territory in 1898, upon adoption of the 
     Hawaiian Homes Commission Act, 1920, and upon admission of 
     the State of Hawai`i into the Union in 1959, and has retained 
     certain of those responsibilities.
       ``(11) In recognition of the special relationship which 
     exists between the United States and the Native Hawaiian 
     people, the Congress has extended to Native Hawaiians the 
     same rights and privileges accorded to American Indian, 
     Alaska Native, Eskimo, and Aleut communities under the Native 
     American Programs Act of 1974, the American Indian Religious 
     Freedom Act, the National Museum of the American Indian Act, 
     the Native American Graves Protection and Repatriation Act, 
     the National Historic Preservation Act, and the Native 
     American Languages Act.
       ``(12) In recognition of the special relationship which 
     exists between the United States and the Native Hawaiian 
     people, the Congress has enacted numerous special provisions 
     of law for the benefit of Native Hawaiians in the areas of 
     health, education, labor, and housing.
       ``(13) In 1981, the Senate instructed the Office of 
     Education to submit to the Congress a comprehensive report on 
     Native Hawaiian education. The report, entitled the `Native 
     Hawaiian Educational Assessment Project', was released in 
     1983 and documented that Native Hawaiians scored below parity 
     with national norms on standardized achievement tests were 
     disproportionately represented in many negative social and 
     physical statistics, indicative of special educational needs, 
     and has educational needs which were related to their unique 
     cultural situation, such as different learning styles and low 
     self-image.
       ``(14) In recognition of the educational needs of Native 
     Hawaiians, in 1988, the Congress enacted title IV of the 
     Augustus F. Hawkins-Robert T. Stafford Elementary and 
     Secondary School Improvement Amendments of 1988 to authorize 
     and develop supplemental educational programs to benefit 
     Native Hawaiians.
       ``(15) In 1993, the Kamehameha Schools Bishop Estate 
     released a ten-year update of the Native Hawaiian Educational 
     Assessment Project, which found that despite the successes of 
     the programs established under title IV of the Augustus F. 
     Hawkins-Robert T. Stafford Elementary and Secondary School 
     Improvement Amendments of 1988, many of the same educational 
     needs still exist for Native Hawaiians. For example--
       ``(A) educational risk factors continue to start even 
     before birth for many Native Hawaiian children, including--
       ``(i) late or no prenatal care;
       ``(ii) half of Native Hawaiian women who give birth are 
     unmarried; and
       ``(iii) high rates of births to teenage parents;
       ``(B) Native Hawaiian students continue to begin their 
     school experience lagging behind other students in terms of 
     readiness factors such as vocabulary test scores;
       ``(C) Native Hawaiian students continue to score below 
     national norms on standardized education achievement tests at 
     all grade levels;
       ``(D) both public and private schools continue to show a 
     pattern of lower percentages of Native Hawaiian students in 
     the uppermost achievement levels and in gifted and talented 
     programs;
       ``(E) Native Hawaiian students continue to be 
     overrepresented among students qualifying for special 
     education programs provided to students with learning 
     disabilities, mild mental retardation, emotional impairment, 
     and other such disabilities;
       ``(F) Native Hawaiians continue to be underrepresented in 
     institutions of higher education and among adults who have 
     completed four or more years of college;
       ``(G) Native Hawaiians continue to be disproportionately 
     represented in many negative social and physical statistics, 
     indicative of special educational needs, for example--
       ``(i) Native Hawaiian students are more likely to be 
     retained in grade level and to be excessively absent in 
     secondary school;
       ``(ii) Native Hawaiian students are the highest users of 
     drugs and alcohol; and
       ``(iii) Native Hawaiian children continue to be 
     disproportionately victimized by child abuse and neglect; and
       ``(H) Native Hawaiians now comprise over 23 percent of the 
     students served by the State of Hawai`i Department of 
     Education and there are and will continue to be 
     geographically rural, isolated areas with a high Native 
     Hawaiian population density.
       ``(16) The findings described in paragraphs (1) through 
     (15) are contrary to the high rate of literacy and 
     integration of traditional culture and Western education 
     achieved by Native Hawaiians through a Hawaiian language-
     based public school system established in 1840 by Kamehameha 
     III.
       ``(17) After the overthrow of the Kingdom of Hawai`i in 
     1893, Hawaiian medium schools were banned. After annexation, 
     throughout the territorial and statehood period, and until 
     1986, use of Hawaiian as a medium of education in public 
     schools was declared unlawful, thereby causing incalculable 
     harm to a culture that placed a very high value on the power 
     of language, as exemplified in the traditional saying: `I ka 
     `olelo no ke ola; I ka `olelo no ka make. In the language 
     rests life; In the language rests death.'.
       ``(18) Despite the consequences of over 100 years of 
     nonindigenous influence, the Native Hawaiian people are 
     determined to preserve, develop, and transmit to future 
     generations their ancestral territory, and their cultural 
     identity in accordance with their own spiritual and 
     traditional beliefs, customs, practices, language, and social 
     institutions.
       ``(19) The State of Hawai`i, in the constitution and 
     statutes of the State of Hawai`i--
       ``(A) acknowledges the distinct land rights of Native 
     Hawaiian people as beneficiaries of the public lands trust;
       ``(B) reaffirms and protects the unique right of the Native 
     Hawaiian people to practice and perpetuate their culture and 
     religious customs, beliefs, practices, and language; and
       ``(C) recognizes the traditional language of the Native 
     Hawaiian people as an official language of the State of 
     Hawai`i, which may be used as the language of instruction for 
     all subjects and grades in the public school system.
       ``(20) It continues to be the policy of the Federal 
     Government to encourage the maximum participation of Native 
     Hawaiians in planning and management of Native Hawaiian 
     education programs.
       Page 608 between line 16 and 17 insert:
       (3) the term ``stop-over center'' means a migrant project 
     site which provides educational services approved by the 
     State educational agency, advance notification to States 
     where migrant children are traveling, and coordination with 
     providers of other services to migrant children, to eligible 
     migrant children who intend to stay 5 days or less while they 
     or others in their family are moving from one location to 
     another seeking migratory agricultural work, including 
     migratory dairy work, or migratory fishing work.
       Page 612, line 7 after ``periods'' insert: ``or special 
     programs that operate at or through stop-over centers''
       At the end of part D of title III, insert the following:

     SEC. ____. RURAL COMMUNITY SERVICE.

       Title XI of the Higher Education Act of 1965 (20 U.S.C. 
     1136 et seq.) is amended by adding at the end the following 
     new part:

                   ``PART C--RURAL COMMUNITY SERVICE

     ``SEC. 1171. FINDINGS; PURPOSE.

       ``(a) Findings.--The Congress finds that--
       ``(1) the Nation's rural centers are facing increasingly 
     pressing problems and needs in the areas of economic 
     development, community infrastructure and service, social 
     policy, public health, housing, crime, education, 
     environmental concerns, planning and work force preparation;
       ``(2) there are, in the Nation's rural institutions, people 
     with underutilized skills, knowledge, and experience who are 
     capable of providing a vast range of services toward the 
     amelioration of the problems described in paragraph (1);
       ``(3) the skills, knowledge, and experience in these rural 
     institutions, if applied in a systematic and sustained 
     manner, can make a significant contribution to the solution 
     of such problems; and
       ``(4) the application of such skills, knowledge, and 
     experience is hindered by the limited funds available to 
     redirect attention to solutions to such rural problems.
       ``(b) Purpose.--It is the purpose of this part to provide 
     incentives to rural academic institutions to enable such 
     institutions to work with private and civic organizations to 
     devise and implement solutions to pressing and severe 
     problems in their communities.

     ``SEC. 1172. PROGRAM.

       ``The Secretary is authorized to carry out a program of 
     providing assistance to eligible institutions to enable such 
     institutions to carry out the authorized activities described 
     in section 1174 in accordance with the provisions of this 
     part.

     ``SEC. 1173. APPLICATIONS FOR RURAL COMMUNITY SERVICE GRANTS.

       ``(a) Application.--
       ``(1) In general.--Each eligible institution desiring a 
     grant under this part shall submit to the Secretary an 
     application at such time, in such form, and containing or 
     accompanied by such information and assurances, as the 
     Secretary may require by regulation.
       ``(2) Contents.--Each application submitted pursuant to 
     paragraph (1) shall--
       ``(A) describe the activities and services for which 
     assistance is sought; and
       ``(B) contain assurances that the eligible institution will 
     enter into a consortium to carry out the provisions of this 
     part that includes, in addition to the eligible institution, 
     one or more of the following entities:
       ``(i) A community college.
       ``(ii) A rural local educational agency.
       ``(iii) A local government.
       ``(iv) A business or other employer.
       ``(v) A nonprofit institution.
       ``(3) Waiver.--The Secretary may waive the consortium 
     requirements described in paragraph (2) for any applicant who 
     can demonstrate to the satisfaction of the Secretary that the 
     applicant has devised an integrated and coordinated plan 
     which meets the purpose of this part.
       ``(c) Selection Procedures.--The Secretary, by regulation, 
     shall develop a formal procedure for the submission of 
     applications under this part and shall publish in the Federal 
     Register an announcement of that procedure and the 
     availability of funds under this part.

     ``SEC. 1174. AUTHORIZED ACTIVITIES.

       ``Grant funds made available under this part shall be used 
     to support planning, applied research, training, resource 
     exchanges or technology transfers, the delivery of services, 
     or other activities the purpose of which is to design and 
     implement programs to assist rural communities to meet and 
     address their pressing and severe problems, such as any of 
     the following:
       ``(1) Work force preparation.
       ``(2) Rural poverty and the alleviation of such poverty.
       ``(3) Health care, including health care delivery and 
     access as well as health education, prevention and wellness.
       ``(4) Underperforming school systems and students.
       ``(5) Problems faced by the elderly and individuals with 
     disabilities in rural settings.
       ``(6) Problems faced by families and children.
       ``(7) Campus and community crime prevention, including 
     enhanced security and safety awareness measures as well as 
     coordinated programs addressing the root causes of crime.
       ``(8) Rural housing.
       ``(9) Rural infrastructure.
       ``(10) Economic development.
       ``(11) Rural farming and environmental concerns.
       ``(12) Other problem areas which participants in the 
     consortium described in section 1173(a)(2)(B) concur are of 
     high priority in rural areas.
       ``(13)(A) Problems faced by individuals with disabilities 
     and economically disadvantaged individuals regarding 
     accessibility to institutions of higher education and other 
     public and private community facilities.
       ``(B) Amelioration of existing attitudinal barriers that 
     prevent full inclusion of individuals with disabilities in 
     their community.

     ``SEC. 1175. PEER REVIEW.

       ``The Secretary shall designate a peer review panel to 
     review applications submitted under this part and make 
     recommendations for funding to the Secretary. In selecting 
     the peer review panel, the Secretary may consult with other 
     appropriate Cabinet-level Federal officials and with non-
     Federal organizations, to ensure that the panel will be 
     geographically balanced and be composed of representatives 
     from public and private institutions of higher education, 
     labor, business, and State and local government, who have 
     expertise in rural community service or in education.

     ``SEC. 1176. DISBURSEMENT OF FUNDS.

       ``(a) Multiyear Availability.--Subject to the availability 
     of appropriations, grants under this part may be awarded on a 
     multiyear basis, except that no institution, individually or 
     as a participant in a consortium, may receive a grant under 
     this part for more than 5 years.
       ``(b) Equitable Geographic Distribution.--The Secretary 
     shall award grants under this part in a manner that achieves 
     an equitable geographic distribution of such grants.
       ``(c) Matching Requirement.--An applicant under this part 
     and the local governments associated with its application 
     shall contribute to the conduct of the program supported by 
     the grant an amount from non-Federal funds equal to at least 
     one-fourth of the amount grant, which contribution may be in 
     cash or in kind, fairly evaluated.
       (d) The Secretary shall, to the maximum extent possible, 
     coordinate this program with the Corporation for National and 
     Community Service.

     ``SEC. 1177. DESIGNATION OF RURAL GRANT INSTITUTIONS.

       ``The Secretary shall publish a list of eligible 
     institutions and shall designate such institutions of higher 
     education as `Rural Grant Institutions'. The Secretary shall 
     establish a national network of Rural Grant Institutions so 
     that the results of individual projects achieved in 1 rural 
     area can be generalized, disseminated, replicated and applied 
     throughout the Nation.

     ``SEC. 1178. DEFINITIONS.

       ``As used in this part:
       ``(1) Rural area.--The term `rural area' means any area 
     that--
       ``(A) is outside an urban area, as such term is defined by 
     the Bureau of the Census; and
       ``(B) contains a population of 75,000 or less.
       ``(2) Eligible institution.--The term `eligible 
     institution' means an institution of higher education, or a 
     consortium of such institutions any one of which meets all 
     the requirements of this paragraph, which--
       ``(A) draws a substantial portion of its undergraduate 
     students from the rural area served by such institution or 
     consortium, or from contiguous areas;
       ``(B) carries out programs to make postsecondary 
     educational opportunities more accessible to residents of 
     such rural areas, or contiguous areas;
       ``(C) has the present capacity to provide resources 
     responsive to the needs and priorities of such rural areas 
     and contiguous areas;
       ``(D) offers a range of professional, technical, or 
     graduate programs sufficient to sustain the capacity of such 
     institution to provide such resources; and
       ``(E) has demonstrated and sustained a sense of 
     responsibility to such rural area and contiguous areas and 
     the people of such areas.

     ``SEC. 1179. AUTHORIZATION OF APPROPRIATIONS; FUNDING RULE.

       ``There are authorized to be appropriated $5,000,000 for 
     fiscal year 1995 and such sums as may be necessary in each of 
     the 4 succeeding fiscal years to carry out the provisions of 
     this part.''.
       On p. 1202 strike ``and'' on line 2.
       On p. 1202 at the end of line 4 strike the ``.'' and insert 
     ``and''
       On p. 1202 add the following sentence between lines 4 and 5
       ``(8) effects to implement school uniform policies to 
     ensure the health and safety of students and the school 
     environment.''

                   ``PART   --ALASKA NATIVE EDUCATION

     ``SEC.   . SHORT TITLE.

       ``This part may be cited as the `Alaska Native Educational 
     Equity, Support and Assistance Act'.

     ``SEC.   . FINDINGS.

       ``The Congress finds and declares:
       ``(1) The attainment of educational success is critical to 
     the betterment of the conditions, long term well being and 
     preservation of the culture of Alaska Natives.
       ``(2) It is the policy of the Federal government to 
     encourage the maximum participation by Alaska Natives in the 
     planning and the management of Alaska Native education 
     programs;
       ``(3) Alaska Native children enter and exit school with 
     serious educational handicaps.
       ``(4) The educational achievement of Alaska Native children 
     is far below national norms. In addition to low Native 
     performance on standardized tests, Native student drop out 
     rates are high, and Natives are significantly 
     underrepresented among holders of baccalaureate degrees in 
     the State of Alaska. As a result Native students are being 
     denied their opportunity to become full participants in 
     society by grade school and high school educations that are 
     condemning an entire generation to an underclass status and a 
     life of limited choices.
       ``(5) The programs authorized herein, combined with 
     expanded Head Start, infant learning and early childhood 
     education programs, and parent education programs are 
     essential if educational handicaps are to be overcome.
       ``(6) The sheer magnitude of the geographic barriers to be 
     overcome in delivering educational services in rural and 
     village Alaska should be addressed through the development 
     and implementation of innovative, model programs in a variety 
     of areas.
       ``(7) Congress finds that Native children should be 
     afforded the opportunity to begin their formal education on a 
     par with their non-Native peers. The Federal government 
     should lend support to efforts developed by and undertaken 
     within the Alaska Native community to improve educational 
     opportunity for all students.

     ``SEC.   . PURPOSE.

       ``It is the purpose of this part to--
       ``(1) recognize the unique educational needs of Alaska 
     Natives;
       ``(2) authorize the development of supplemental educational 
     programs to benefit Alaska Natives;
       ``(3) supplement existing programs and authorities in the 
     area of education to further the purposes of this part; and
       ``(4) provide direction and guidance to appropriate 
     Federal, State and local agencies to focus resources, 
     including resources made available under this part, on 
     meeting the educational needs of Alaska Natives.

     ``SEC.   . ALASKA NATIVE EDUCATIONAL PLANNING, CURRICULUM 
                   DEVELOPMENT, TEACHER TRAINING AND RECRUITMENT 
                   PROGRAM.

       ``(a) General Authority.--The Secretary shall make direct 
     grants to Alaska Native organizations or educational entities 
     with experience in developing or operating Alaska Native 
     programs or programs of instruction conducted in Alaska 
     Native languages, or to partnerships involving Alaska Native 
     organizations, for the following purposes:
       ``(1) Educational planning.--The consolidation of existing 
     educational plans, recommendations and research into 
     implementation methods and strategies to improve schooling 
     for Alaska Natives.
       ``(2) Implementation of educational plans.--The adoption 
     and implementation of specific educational plans developed 
     under subsection (1) above.
       ``(3) Curricula.--The development of curricula to address 
     the needs of Alaska Native students, particularly elementary 
     and secondary school students, which may include innovative 
     programs and pilot and demonstration programs to develop and 
     introduce curriculum materials that reflect cultural 
     diversities or the contributions of Alaska Native people, 
     programs of instruction conducted in Native languages, and 
     the development of networks to introduce successful 
     techniques, programs and curriculum materials to rural and 
     urban schools, including:
       ``(A) multimedia social studies curricula which fully and 
     accurately portray the role of Native Americans historically 
     and contemporarily; and
       ``(B) curricula and teaching materials for instructions in 
     Native languages.
       ``(4) Preteacher training.--The development and 
     implementation of preteacher training program in order to 
     ensure that student teachers within the State of Alaska, 
     particularly student teachers who are likely to be employed 
     in schools with a high concentration of Alaska Native 
     students, are prepared to better address the cultural 
     diversity and unique needs of Alaska Native students;
       ``(5) Teacher recruitment.--The development and 
     implementation of teacher recruitment programs to meet the 
     objectives of--
       ``(A) increasing the numbers of teachers who are Alaska 
     Natives;
       ``(B) enhancing teacher recruitment within communities with 
     a high concentration of Alaska Native students; and
       ``(C) improving the teacher selection process in order to 
     recruit teachers who are more positively responsive to rural 
     conditions and who are suited for effective cross-cultural 
     instruction.
       ``(6) Inservice teacher training.--The development and 
     implementation of inservice teacher training programs in 
     order to ensure that teachers are prepared to better address 
     the unique needs of Alaska Native students.
       ``(b) Administrative Costs.--Not more than 10 percent of 
     the funds appropriated to carry out the provisions of this 
     section for any fiscal year may be used for administrative 
     purposes.
       ``(c) Authorization of Appropriations.--There are 
     authorized to be appropriated $5,000,000 for fiscal year 
     1995, and such sums as may be necessary for each of the 4 
     succeeding fiscal years, to carry out this section. Funds 
     appropriated under the authority of this subsection shall 
     remain available until expended.

     ``SEC.  . ALASKA NATIVE HOME BASED EDUCATION FOR PRESCHOOL 
                   CHILDREN.

       ``(a) General Authority.--The Secretary shall make direct 
     grants to Alaska Native organizations or educational entities 
     with experience in developing or operating Alaska Native 
     programs, or to partnerships involving Alaska Native 
     organizations, to implement home instruction programs for 
     Alaska Native preschool youngsters. The objective of such 
     programs shall be to develop parents as educators for their 
     children and to assure the active involvement of parents in 
     the education of their children from the earliest ages.
       ``(b) Program Elements.--Home based education programs for 
     Alaska Native children shall include
       ``(1) parent-infant programs for prenatal through three-
     year olds;
       ``(2) preschool programs for four- and five-year olds;
       ``(3) training, education and support programs to teach 
     parents skills in observation, reading readiness, story 
     telling and critical thinking;
       ``(4) continued research and development; and
       ``(5) a long term followup and assessment program.
       ``(c) Eligibility of HIPPY Programs.--Programs based on the 
     HIPPY (Home Instruction Program for Preschool Youngsters) 
     model shall be eligible for funding under this section.
       ``(d) Administrative Costs.--Not more than 10 percent of 
     the funds appropriated to carry out the provisions of this 
     section for any fiscal year may be used for administrative 
     purposes.
       ``(e) Authorization of Appropriations.--There is authorized 
     to be appropriated $2,000,000 for fiscal year 1995, and such 
     sums as may be necessary for each of the 4 succeeding fiscal 
     years, to carry out this section. Funds appropriated under 
     the authority of this subsection shall remain available until 
     expended.

     SEC.   . ALASKA NATIVE STUDENT ENRICHMENT PROGRAMS.

       ``(a) General Authority.--The Secretary shall make a grant 
     or grants to Alaska Native educational organizations or 
     educational entities with experience in developing or 
     operating Alaska Native programs, or to partnerships 
     including Alaska Native organizations, for enrichment 
     programs for Alaska Native students in the areas of science 
     and mathematics education. The programs shall be designed 
     to--
       ``(1) prepare qualified students from rural areas who are 
     preparing to enter village high schools to excel in science 
     and mathematics; and
       ``(2) provide those support services to the families of 
     such students that are needed to enable such students to 
     benefit from the program.
       ``(b) Uses of Funds.--The program funded under this section 
     may include--
       ``(1) the identification of the students eligible to 
     participate in the program;
       ``(2) the conduct of educational, psychosocial, and 
     developmental activities which hold reasonable promise of 
     resulting in substantial enrichment of the educational 
     performance of the participating students;
       ``(3) leadership programs designed to provide for the 
     replication of the program in other subject matter areas and 
     the dissemination of information derived from the program; 
     and
       ``(4) appropriate research, evaluation and related 
     activities pertaining to the benefits of such enrichment 
     programs.
       ``(c) Administrative Costs.--Not more than 10 percent of 
     the funds appropriated to carry out the provisions of this 
     section for any fiscal year may be used for administrative 
     purposes.
       ``(d) Authorization of Appropriations.--There are 
     authorized to be appropriated $1,000,000 for fiscal year 
     1995, and such sums as may be necessary for each of the 4 
     succeeding fiscal years, to carry out this section. Funds 
     appropriated under the authority of this subsection shall 
     remain available until expended.

     ``SEC.   . ADMINISTRATIVE PROVISIONS.

       ``(a) Application Required.--No grant may be made under 
     this part, nor any contract be entered into under this part, 
     unless an application is submitted to the Secretary in such 
     form, in such manner, and containing such information as the 
     Secretary may determine necessary to carry out the provisions 
     of this part.
       ``(b) Applications by Local School Districts or State 
     Educational Entities.--Local school districts or state 
     educational entities shall apply for funding under this Part 
     in partnership with Alaska Native organizations.
       ``(c) Consultation Required.--Each applicant for funding 
     shall provide for ongoing advice from and consultation with 
     representatives of the Alaska Native community.
       ``(d) Local Educational Agency Coordination.--Each local 
     educational agency serving students who will participate in 
     the program for which assistance is sought shall be informed 
     regarding each application submitted under this part, 
     Provided, that approval by or concurrence from such local 
     educational agency shall not be required.
       ``(e) Implementation of Authorities.--The Secretary shall 
     expeditiously obligate funds appropriated as provided in this 
     part.

     ``SEC.   . DEFINITIONS.

       ``For purposes of this part--
       ``(1) the term `Alaska Native' has the same meaning as the 
     term `Native' has in section 3(b) of the Alaska Native Claims 
     Settlement Act.
       ``(2) the term `Alaska Native organization' means a 
     federally recognized tribe, consortium of tribes, regional 
     nonprofit Native association, and other Alaska Native 
     organizations that:
       ``(A) has or commits to acquire expertise in the education 
     of Alaska Natives; and
       ``(B) has Alaska Natives in substantive and policy-making 
     positions within the organization.''
       On page 608, line 17 insert a new (3):
       ``(3) The term `fishing activity' means any activity 
     directly related to the catching or processing of fish or 
     shellfish--
       ``(a) for initial commercial sale, whether a fisher is 
     self-employed or employed by others, or
       ``(b) as a principal means of personal subsistence.''
       At the appropriate place, insert the following new section:

     SEC. ____. THERAPEUTIC MODEL DEMONSTRATION SCHOOLS.

       (a) Authorization.--
       (1) In general.--The Secretary of the Interior, acting 
     through the Bureau of Indian Affairs, is authorized to 
     establish demonstration schools based on the therapeutic 
     model described in this section, to provide services 
     necessary to achieve positive changes in the attitudes, 
     behavior, and academic performance of Indian youth attending 
     off-reservation boarding schools.
       (2) Purpose.--The purpose of the therapeutic model 
     demonstration schools shall be--
       (A) to provide a program, based on an annual written plan, 
     linking clinicians, counselors, and mental health 
     professionals with academic program personnel in a culturally 
     sensitive residential program tailored to the particular 
     needs of Indian students;
       (B) to provide for a continued evaluation of the planning 
     and implementation of the therapeutic model in the designated 
     schools; and
       (C) to determine what steps the Bureau of Indian Affairs 
     must take and what resources are required to transform 
     existing off-reservation boarding schools to meet the needs 
     of chemically dependent, emotionally disturbed, socially 
     troubled, or other at-risk Indian youth who attend such 
     schools.
       (b) Location.--The Secretary shall initiate the therapeutic 
     model at two schools in school years 1994 through 1996, and 
     shall give priority to--
       (1) one school that is the recipient of a grant under 
     section 5204 of the August F. Hawkins-Robert T. Stafford 
     Elementary and Secondary School Improvement Amendments of 
     1988 during the 1994-1995 school year; and
       (2) one school operated by the Bureau of Indian Affairs 
     during the 1995-1996 school year.
       (c) Services.--The demonstration schools shall provide an 
     integrated residential environment that may include--
       (1) mental health services;
       (2) education;
       (3) recreation therapy;
       (4) social service programs;
       (5) substance abuse education and prevention; and
       (6) other support services for aftercare.
       (d) Staffing.--The demonstration schools shall be staffed 
     with health and social service professionals, and educators, 
     and may include, but not be limited to--
       (1) clinical psychologists;
       (2) child psychologists;
       (3) substance abuse counselors;
       (4) social workers; and
       (5) health educators.
       (e) Enrollment.--Notwithstanding any other provision of 
     law, the Secretary of the Interior may limit the enrollment 
     at the demonstration schools.
       (f) Assistance.--The Secretary is authorized to enter into 
     agreements with other organizations and agencies, including 
     the Indian Health Service, to carry out this section.
       (g) Report.--Not later than July 31 of each year, the 
     Secretary of the Interior shall submit a report to the 
     Committee on Indian Affairs of the Senate and the Committee 
     on Education and Labor of the House of Representatives on the 
     progress of the Department of the Interior in the development 
     of the demonstration schools.
       On page 521, after line 13, insert the following after 
     ``centers and providing opportunities for parents to learn 
     about child development and child rearing issues beginning at 
     the birth of a child'';
       On page 521, line 1, strike ``(3)'' and insert ``(4)''.
       On page 521, line 8, strike ``(4)'' and insert ``(5)''.
       On page 521, line 10, insert Home Instruction Programs for 
     Preschool, Kindergarten ``and Parents as Teachers,'' after 
     ``Start,''.
       On page 521, line 12, strike ``(5)'' and insert ``(6)''.
       On page 521, line 16, strike ``(6)'' and insert ``(7)''.
       On page 1333 between lines 8 and 9, insert the following 
     new section:

     SEC. 314. FAMILY SUPPORT FOR FAMILIES OF CHILDREN WITH 
                   DISABILITIES.

       (a) Short Title.--This section may be cited as the 
     ``Support for Families of Children With Disabilities Act of 
     1994''.
       (b) Family Support for Families of Children With 
     Disabilities.--
       The Individuals with Disabilities Education Act (20 U.S.C. 
     1400 et seq.) is amended by adding at the end the following 
     new part:

                        ``PART I--FAMILY SUPPORT

     ``SEC. 701. SHORT TITLE.

       ``This part may be cited as the `Families of Children With 
     Disabilities Support Act of 1994'.

     ``SEC. 702. FINDINGS, PURPOSES, AND POLICY.

       ``(a) Findings.--The Congress makes the following findings:
       ``(1) It is in the best interest of our Nation to preserve, 
     strengthen, and maintain the family.
       ``(2) Families are the greatest natural resource available 
     to their children and are the major providers of support, 
     care, and training of their children.
       ``(3) Families of children with disabilities enrich the 
     lives of all citizens through the contributions of such 
     families to the economic, health, and social fabric of their 
     community, State, and Nation.
       ``(4) A growing number of families are searching for ways 
     to empower themselves to raise their children with 
     disabilities at home and in their communities. Supporting 
     such families to enable them to care for their children with 
     disabilities at home is efficient and can be cost-effective.
       ``(5) Children, including children with disabilities, 
     benefit from enduring family relationships in a nurturing 
     home environment.
       ``(6) Many families experience exceptionally high financial 
     outlays and significant physical and emotional challenges in 
     meeting the special needs of their children with 
     disabilities.
       ``(7) There are financial disincentives for families to 
     care for their children with disabilities at home.
       ``(8) Most families of children with disabilities do not 
     have access to family-centered and family-directed services 
     to support such families in their efforts to care for their 
     children with disabilities at home.
       ``(9) There is a need in each State for a comprehensive, 
     coordinated, interagency system of family support for 
     families of children with disabilities that is family-
     centered and family-directed, is easily accessible, avoids 
     duplication, uses existing resources more efficiently, and 
     prevents gaps in services to families in all areas of the 
     State.
       ``(10) The goals of the Nation properly include the goal of 
     providing families of children with disabilities the family 
     support necessary to accomplish the following:
       ``(A) To support the family.
       ``(B) To enable families of children with disabilities to 
     nurture and enjoy their children at home.
       ``(C) To enable families of children with disabilities to 
     make informed choices and decisions regarding the nature of 
     services, supports, and resources made available to such 
     families.
       ``(b) Purposes.--The purposes of this part are as follows:
       ``(1) To provide financial assistance to the States to 
     support systems change activities designed to assist each 
     State to develop and implement, or expand and enhance, a 
     family-centered and family-directed, culturally competent, 
     community-centered, comprehensive, statewide system of family 
     support for families of children with disabilities that is 
     designed to--
       ``(A) ensure the full participation, choice and control of 
     families of children with disabilities in decisions related 
     to the provision of such family support for their family;
       ``(B) ensure the active involvement of families of children 
     with disabilities in the planning, development, 
     implementation, and evaluation of such a statewide system;
       ``(C) increase the availability of, funding for, access to, 
     and provision of family support for families of children with 
     disabilities;
       ``(D) promote training activities that are family-centered 
     and family-directed and that enhance the ability of family 
     members of children with disabilities to increase 
     participation, choice, and control in the provision of family 
     support for families of children with disabilities;
       ``(E) increase and promote interagency coordination among 
     State agencies, and between State agencies and private 
     entities that are involved in carrying out activities under 
     section 708; and
       ``(F) increase the awareness of laws, regulations, 
     policies, practices, procedures, and organizational 
     structures, which facilitate or impede the availability or 
     provision of family support for families of children with 
     disabilities.
       ``(2) To enhance the ability of the Federal Government to--
       ``(A) identify Federal policies that facilitate or impede 
     family support for families of children with disabilities, 
     and that are consistent with the principles in subsection 
     (c);
       ``(B) provide States with technical assistance and 
     information relating to the provision of family support for 
     families of children with disabilities;
       ``(C) conduct an evaluation of the program of grants to 
     States; and
       ``(D) provide funding for model demonstration and 
     innovation projects.
       ``(c) Policy.--It is the policy of the United States that 
     all programs, projects, and activities receiving assistance 
     under this part shall be family-centered and family-directed 
     and shall be carried out in a manner consistent with the 
     following principles:
       ``(1) Family support for families of children with 
     disabilities must focus on the needs of the entire family.
       ``(2) Families of children with disabilities should be 
     supported in determining their needs and in making decisions 
     concerning necessary, desirable, and appropriate services.
       ``(3) Families should play decisionmaking roles in policies 
     and programs that affect the lives of such families.
       ``(4) Family needs change over time and family support for 
     families of children with disabilities must offer options 
     that are flexible and responsive to the unique needs and 
     strengths and cultural values of individual families.
       ``(5) Family support for families of children with 
     disabilities is proactive and not solely in response to a 
     crisis.
       ``(6) Families must be supported in their efforts to 
     promote the integration and inclusion of their children with 
     disabilities into all aspects of community life.
       ``(7) Family support for families of children with 
     disabilities should promote the use of existing social 
     networks, strengthen natural sources of support, and help 
     build connections to existing community resources and 
     services.
       ``(8) Youth with disabilities should be involved in 
     decisionmaking about their own lives, consistent with the 
     unique strengths, resources, priorities, concerns, abilities, 
     and capabilities of each such youth.
       ``(9) Services and supports must be provided in a manner 
     that demonstrates respect for individual dignity, personal 
     responsibility, self-determination, personal preferences, and 
     cultural differences of families.
       ``(d) Rule of Construction.--Nothing in this part shall be 
     construed to prevent families from choosing an out-of-home 
     placement for their children with disabilities, including 
     institutional placement for such children.

     ``SEC. 703. DEFINITIONS.

       ``For the purposes of this part, only the following 
     definitions shall apply:
       ``(1) Child with a disability.--The term `child with a 
     disability' means an individual who from birth through 21 
     years of age meets the definition of disability under 
     paragraph (4).
       ``(2) Council.--The term `Council' means a State Policy 
     Council for Families of Children with Disabilities 
     established by a State under section 707.
       ``(3) Culturally competent.--The term `culturally 
     competent' means services, supports, or other assistance that 
     is conducted or provided in a manner that--
       ``(A) is responsive to the beliefs, interpersonal styles, 
     attitudes, language, and behaviors of those individuals 
     receiving services; and
       ``(B) has the greatest likelihood of ensuring maximum 
     participation of such individuals.
       ``(4) Disability.--The term `disability' means--
       ``(A) in the case of an individual 6 years of age or older, 
     a significant physical or mental impairment as defined 
     pursuant to State policy to the extent that such policy is 
     established without regard to type of disability; and
       ``(B) in the case of infants and young children, birth to 
     age 5, inclusive, a substantial developmental delay or 
     specific congenital or acquired conditions with a high 
     probability of resulting in a disability if services are not 
     provided.
       ``(5) Existing council.--The term `existing Council' means 
     an entity or a committee of an entity that--
       ``(A) is established by a State prior to the date on which 
     the State submits an application for funding under this part;
       ``(B) has authority to advise the State with respect to 
     family support for families of children with disabilities; 
     and
       ``(C) may have the authority to carry out other 
     responsibilities and duties.
       ``(6) Family.--The term `family' means a group of 
     interdependent persons residing in the same household that 
     consists of a child with a disability and one or more of the 
     following:
       ``(A) A mother, father, brother, sister or any combination.
       ``(B) Extended blood relatives, such as a grandparent, 
     aunt, or uncle.
       ``(C) An adoptive parent.
       ``(D) One or more persons to whom legal custody of a child 
     with a disability has been given by a court.
       ``(E) A person providing short-term foster care that 
     includes a family reunification plan with the biological 
     family.
       ``(F) A person providing long-term foster care for a child 
     with a disability.
     The term does not include employees who, acting in their paid 
     employment capacity, provide services to children with 
     disabilities in out-of-home settings such as hospitals, 
     nursing homes, personal care homes, board and care homes, 
     group homes, or other facilities.
       ``(7) Family-centered and family-directed.--The term 
     `family-centered and family-directed' means, with respect to 
     a service or program, that the service or program--
       ``(A) facilitates the full participation, choice, and 
     control by families of children with disabilities in--
       ``(i) decisions relating to the supports that will meet the 
     priorities of the family; and
       ``(ii) the planning, development, implementation, and 
     evaluation of the statewide system of family support for 
     families of children with disabilities;
       ``(B) responds to the needs of the entire family of a child 
     with a disability in a timely and appropriate manner; and
       ``(C) is easily accessible to and usable by families of 
     children with disabilities.
       ``(8) Family satisfaction.--The term `family satisfaction' 
     means the extent to which a service or support meets a need, 
     solves a problem, or adds value for a family, as determined 
     by the individual family.
       ``(9) Family support for families of children with 
     disabilities.--The term `family support for families of 
     children with disabilities'--
       ``(A) means supports, resources, services, and other 
     assistance provided to families of children with disabilities 
     that are designed to--
       ``(i) support families in the efforts of such families to 
     raise their children with disabilities in the family home;
       ``(ii) strengthen the role of the family as primary 
     caregiver;
       ``(iii) prevent inappropriate and unwanted out-of-the-home 
     placement and maintain family unity; and
       ``(iv) reunite families with children with disabilities who 
     have been placed out of the home, whenever possible; and
       ``(B) includes--
       ``(i) service coordination that includes individualized 
     planning and brokering for services with families in control 
     of decisionmaking;
       ``(ii) goods and services, which may include specialized 
     diagnosis and evaluation, adaptive equipment, respite care 
     (in and out of the home), personal assistance services, 
     homemaker or chore services, behavioral supports, assistive 
     technology services and devices, permanency or future 
     planning, home and vehicle modifications and repairs, 
     equipment and consumable supplies, transportation, 
     specialized nutrition and clothing, counseling services and 
     mental health services for family members, family education 
     or training services, communication services, crisis 
     intervention, day care and child care for a child with a 
     disability, supports and services for integrated and 
     inclusive community activities, parent or family member 
     support groups, peer support, sitter service or companion 
     service, and education aids; and
       ``(iii) financial assistance, which may include 
     discretionary cash subsidies, allowances, voucher or 
     reimbursement systems, low-interest loans, or lines of 
     credit.
       ``(10) Integration and inclusion.--The term `integration 
     and inclusion' with respect to children with disabilities and 
     their families means--
       ``(A) the use of the same community resources that are used 
     by and available to other individuals and families;
       ``(B) the full and active participation in the same 
     community activities and utilization of the same community 
     resources as individuals without disabilities, living, 
     learning, working, and enjoying life in regular contact with 
     individuals without disabilities; and
       ``(C) having friendships and relationships with individuals 
     and families of their own choosing.
       ``(11) Lead entity.--The term `lead entity' means an office 
     or entity described in section 706.
       ``(12) Secretary.--The term `Secretary' means the Secretary 
     of Health and Human Services.
       ``(13) Service coordination.--The term `service 
     coordination'--
       ``(A) means those family-centered and family-directed 
     activities that assist and enable families to receive rights 
     and procedural safeguards and to gain access to social, 
     medical, legal, educational, and other supports and services; 
     and
       ``(B) includes--
       ``(i) follow-along services that assure, through a 
     continuing relationship between a family of a child with a 
     disability and an individual or entity, that the changing 
     needs of the child and family are recognized and 
     appropriately met;
       ``(ii) the coordination and monitoring of services provided 
     to children with disabilities and their families;
       ``(iii) the provision of information to children with 
     disabilities and their families about the availability of 
     services and assistance to such children and their families 
     in obtaining appropriate services; and
       ``(iv) the facilitation and organization of existing social 
     networks, and natural sources of support, and community 
     resources and services.
       ``(14) Statewide system of family support.--The term 
     `statewide system of family support for families of children 
     with disabilities' means a family-centered and family-
     directed, culturally competent, community-centered, 
     comprehensive, statewide system of family support for 
     families of children with disabilities developed and 
     implemented by a State under this part that--
       ``(A) addresses the needs of all families of children with 
     disabilities, including unserved and underserved populations; 
     and
       ``(B) addresses such needs without regard to the age, type 
     of disability, race, ethnicity, or gender of such children or 
     the particular major life activity for which such children 
     need the assistance.
       ``(15) Systems change activities.--The term `systems change 
     activities' means efforts that result in laws, regulations, 
     policies, practices, or organizational structures--
       ``(A) that are family-centered and family-directed;
       ``(B) that facilitate and increase access to, provision of, 
     and funding for, family support services for families of 
     children with disabilities; and
       ``(C) that otherwise accomplish the purposes of this part.
       ``(16) Unserved and underserved populations.--The term 
     `unserved and underserved populations' includes populations 
     such as individuals from racial and ethnic minority 
     backgrounds, disadvantaged individuals, individuals with 
     limited-English proficiency, individuals from underserved 
     geographic areas (rural or urban), and specific groups of 
     individuals within the population of individuals with 
     disabilities, including individuals with disabilities 
     attributable to physical impairment, mental impairment, or a 
     combination of physical and mental impairments.

     ``SEC. 704. GRANTS TO STATES.

       ``(a) In General.--The Secretary shall make grants to 
     States on a competitive basis, in accordance with the 
     provisions of this part, to support systems change activities 
     designed to assist States to develop and implement, or expand 
     and enhance, a statewide system of family support for 
     families of children with disabilities that accomplishes the 
     purposes described in section 702.
       ``(b) Award Period and Grant Limitation.--No grant shall be 
     awarded for a period greater than 3 years. A State shall be 
     eligible for not more than one grant.
       ``(c) Amount of Grants.--
       ``(1) Grants to states.--From amounts appropriated under 
     section 716(a), the Secretary shall pay to each State that 
     has an application approved under section 705, for each year 
     of the grant period, an amount that is not less than $200,000 
     and not more than $500,000.
       ``(2) Grants to territories.--From amounts appropriated 
     under section 716(a) for any fiscal year, the Secretary shall 
     pay to each territory that has an application approved under 
     section 705 not more than $100,000.
       ``(3) Calculation of amounts.--The Secretary shall 
     calculate a grant amount described in paragraph (1) or (2) on 
     the basis of the following:
       ``(A) The amounts available for making grants under this 
     section.
       ``(B) The child population of the State or territory 
     concerned.
       ``(4) Definitions.--As used in this subsection:
       ``(A) State.--The term `State' means each of the 50 States 
     of the United States, the District of Columbia, and the 
     Commonwealth of Puerto Rico.
       ``(B) Territory.--The term `territory' means the United 
     States Virgin Islands, Guam, American Samoa, the Commonwealth 
     of the Northern Mariana Islands, or the Republic of Palau 
     (upon the entry into force and effect of the Compact of Free 
     Association between the United States and the Republic of 
     Palau).
       ``(d) Priority for Previously Participating States.--
     Amounts appropriated for purposes of carrying out the 
     provisions of this section in each of the 2 fiscal years 
     succeeding the fiscal year in which amounts are first 
     appropriated for such purposes shall first be made available 
     to a State that--
       ``(1) received a grant under this section during the fiscal 
     year preceding the fiscal year concerned; and
       ``(2) is making significant progress in accordance with 
     section 710.
       ``(e) Priorities for Distribution.--To the extent 
     practicable, the Secretary shall award grants to States under 
     this section in a manner that--
       ``(1) is geographically equitable; and
       ``(2) distributes the grants among States that have 
     differing levels of development of statewide systems of 
     family support for families of children with disabilities.

     ``SEC. 705. APPLICATION.

       ``A State that desires to receive a grant under this part 
     shall submit an application to the Secretary that contains 
     the following information and assurances:
       ``(1) Family-centered and family-directed approach.--An 
     assurance that the State will use funds made available under 
     this part to accomplish the purposes described in section 702 
     and the goals, objectives, and family-centered outcomes 
     described in section 709(b) by carrying out systems change 
     activities in partnership with families and in a manner that 
     is family-centered and family-directed.
       ``(2) Designation of the lead entity.--Information 
     identifying the lead entity, and evidence documenting the 
     abilities of such entity.
       ``(3) State policy council for families of children with 
     disabilities.--An assurance of the following:
       ``(A) The State has established a Council that meets the 
     criteria set forth in section 707.
       ``(B) The lead entity will seek and consider on a regular 
     and ongoing basis advice from the Council regarding the 
     development and implementation of the strategic plan under 
     section 709, and other policies and procedures of general 
     applicability pertaining to the provision of family support 
     for families of children with disabilities in the State.
       ``(C) The lead entity will include, in its annual progress 
     reports, a summary of advice provided by the Council, 
     including recommendations from the annual report of the 
     Council and the response of the lead entity to such advice 
     and recommendations.
       ``(D) The lead entity will transmit to the Council any 
     other plans, reports, and other information required under 
     this part.
       ``(4) Family involvement.--A description of the following:
       ``(A) The nature and extent of the involvement of families 
     of children with disabilities and individuals with 
     disabilities in the development of the application.
       ``(B) Strategies for actively involving families of 
     children with disabilities and individuals with disabilities 
     in the development, implementation, and evaluation of the 
     statewide system of family support for families of children 
     with disabilities.
       ``(C) Strategies for actively involving families of 
     children with disabilities who use family support services in 
     decisions relating to such services.
       ``(5) Agency involvement.--A description of the nature and 
     extent of involvement of various State agencies or units 
     within State agencies in the preparation of the application 
     and the continuing role of each agency in the statewide 
     system of family support for families of children with 
     disabilities.
       ``(6) State resources.--A description of the State 
     resources and other resources that are available to commit to 
     the statewide system of family support for families of 
     children with disabilities.
       ``(7) Unmet needs.--A description of unmet needs for family 
     support for families of children with disabilities within the 
     State.
       ``(8) Preliminary plan.--A preliminary plan that contains 
     information on the program to be carried out under the grant 
     with respect to the goals and objectives of the State for the 
     program and the activities that the State plans to carry out 
     under the program (including the process for appointing 
     individuals to the Council) and that is consistent with the 
     purposes of this part.
       ``(9) Activities.--An assurance that, except for the first 
     year of the grant, the State shall expend not less than 65 
     percent of the funds made available to a State under this 
     part for grants and contracts to conduct the activities 
     described in section 708.
       ``(10) Limit on administrative costs.--An assurance that 
     the lead entity that receives funding under this part in any 
     fiscal year shall use not more than 5 percent of such funds 
     in such year for administrative expenses. Such administrative 
     expenses shall not include expenses related to the activities 
     of the Council.
       ``(11) Strategic plan.--A description of the measures that 
     will be taken by the State to develop a strategic plan in 
     accordance with section 709.
       ``(12) Evaluation.--An assurance that the State will 
     conduct an annual evaluation of the statewide system of 
     family support for families of children with disabilities in 
     accordance with section 710.
       ``(13) Coordination with state and local councils.--An 
     assurance that the lead entity will coordinate the activities 
     funded through a grant made under this part with the 
     activities carried out by other relevant councils within the 
     State.
       ``(14) Supplement other funds.--An assurance, with respect 
     to amounts received under a grant, of the following:
       ``(A) Such grant will be used to supplement and not 
     supplant amounts available from other sources that are 
     expended for programs of family support for families of 
     children with disabilities, including the provision of family 
     support.
       ``(B) Such grant will not be used to pay a financial 
     obligation for family support for families of children with 
     disabilities that would have been paid with amounts available 
     from other sources if amounts under such grant had not been 
     available.
       ``(15) Other information and assurances.--Such other 
     information and assurances as the Secretary may reasonably 
     require.

     ``SEC. 706. DESIGNATION OF THE LEAD ENTITY.

       ``(a) Designation.--The Chief Executive Officer of a State 
     that desires to receive a grant under section 704, shall 
     designate the office or entity (referred to in this part as 
     the ``lead entity '') responsible for--
       ``(1) submitting the application under section 705 on 
     behalf of the State;
       ``(2) administering and supervising the use of the amounts 
     made available under the grant;
       ``(3) coordinating efforts related to and supervising the 
     preparation of the application;
       ``(4) coordinating the planning, development, 
     implementation (or expansion and enhancement), and evaluation 
     of a statewide system of family support services for families 
     of children with disabilities among public agencies and 
     between public agencies and private agencies, including 
     coordinating efforts related to entering into interagency 
     agreements; and
       ``(5) coordinating efforts related to the meaningful 
     participation by families in activities carried out under a 
     grant awarded under this part.
       ``(b) Qualifications.--In designating the lead entity, the 
     Chief Executive Officer may designate--
       ``(1) an office of the Chief Executive Officer;
       ``(2) a commission appointed by the Chief Executive 
     Officer;
       ``(3) a public agency;
       ``(4) a council established under Federal or State law; or
       ``(5) another appropriate office, agency, or entity.
       ``(c) Capabilities of the Lead Entity.--The State shall 
     provide, in accordance with the requirements of section 705, 
     evidence that the lead entity has the capacity--
       ``(1) to promote a statewide system of family support for 
     families of children with disabilities throughout the State;
       ``(2) to promote and implement systems change activities;
       ``(3) to maximize access to public and private funds for 
     family support services for families of children with 
     disabilities;
       ``(4) to implement effective strategies for capacity 
     building, family and professional training, and access to and 
     funding for family support services for families of children 
     with disabilities across agencies;
       ``(5) to promote and facilitate the implementation of 
     family support services for families of children with 
     disabilities that are family-centered and family-directed, 
     and flexible, and that provide families with the greatest 
     possible decisionmaking authority and control regarding the 
     nature and use of services and supports;
       ``(6) to promote leadership by families in planning, policy 
     development, implementation, and evaluation of family support 
     services for families of children with disabilities, and 
     parent-professional partnerships; and
       ``(7) to promote and develop interagency coordination and 
     collaboration.

     ``SEC. 707. STATE POLICY COUNCIL FOR FAMILY SUPPORT FOR 
                   FAMILIES OF CHILDREN WITH DISABILITIES.

       ``(a) Establishment.--A State that desires to receive 
     financial assistance under this part shall, prior to the 
     receipt of funds under this part, establish a State Policy 
     Council for Families of Children with Disabilities.
       ``(b) Appointments.--
       ``(1) Members.--Members of the Council shall be appointed 
     by the Chief Executive Officer of the State or the 
     appropriate official within the State responsible for making 
     appointments in accordance with subsection (c). The 
     appointing authority shall select members after soliciting 
     recommendations from the State Developmental Disabilities 
     Council, parent or family organizations, and other 
     organizations representing the full range of disabilities 
     covered under this part. The appointing authority shall 
     ensure that the membership of the Council reasonably 
     represents the population of the State and shall establish 
     guidelines for terms of Council members.
       ``(2) Chairperson.--The Council shall elect a member of the 
     Council to serve as the Chairperson of the Council. The 
     Chairperson shall be a family member, as described in 
     subsection (c)(1).
       ``(c) Composition.--The Council shall be composed of--
       ``(1) a majority of members who are--
       ``(A) individuals who are family members of children with 
     disabilities, are eligible for family support, and represent 
     the diversity of families within the State; and
       ``(B) children with disabilities, from age 18 to 21, and 
     are representative of the demographics of the State;
       ``(2) members--
       ``(A) who are from State agencies with significant 
     responsibility for the provision of, or payment for, family 
     support services to families of children with disabilities, 
     and who have sufficient authority to engage in policy 
     planning and implementation on behalf of such agencies; and
       ``(B) who are from the office of the Chief Executive 
     Officer of the State with responsibility with respect to 
     budget and finance; and
       ``(3) such additional members as the appointing authority 
     considers appropriate.
       ``(d) Functions.--The Council shall--
       ``(1) establish formal policies regarding the operation of 
     the Council;
       ``(2) advise and assist the lead entity in the performance 
     of responsibilities described in section 706(a), particularly 
     the promotion of interagency agreements and the promotion of 
     meaningful participation by families in all aspects of the 
     statewide system of family support for families of children 
     with disabilities;
       ``(3) advise and assist State agencies in the development 
     of policies and procedures relating to the provision of 
     family support for families of children with disabilities in 
     the State;
       ``(4) advise and assist the lead entity in the development 
     of all aspects of a strategic plan under section 709, 
     including--
       ``(A) the mission, purpose, and principles of the statewide 
     system of family support for families of children with 
     disabilities;
       ``(B) the statement of family-centered outcomes;
       ``(C) the goals, objectives, and activities;
       ``(D) the quality improvement or quality enhancement 
     system;
       ``(E) the appeals process;
       ``(F) the eligibility criteria to be used for all programs, 
     projects, and activities carried out under this part;
       ``(G) the analysis of the extent to which family support 
     for families of children with disabilities is defined as a 
     benefit and not as income; and
       ``(H) the approach to the evaluation of the statewide 
     system of family support for families of children with 
     disabilities;
       ``(5) advise and assist the lead entity in the 
     implementation of systems change activities;
       ``(6) advise and assist the lead entity in assessing family 
     satisfaction with the statewide system of family support for 
     families of children with disabilities;
       ``(7) review, analyze, and comment on the strategic plan 
     and updates to the plan, progress reports, and annual 
     budgets;
       ``(8) advise and assist the lead entity in the 
     identification of Federal and State barriers that impede the 
     development of a statewide system of family support for 
     families of children with disabilities; and
       ``(9) prepare and submit to the Chief Executive Officer of 
     the State, the State legislature, and to the Secretary an 
     annual report on the status of family support services for 
     families of children with disabilities, and make such report 
     available to the public.
       ``(e) Hearings and Forums.--The Council is authorized to 
     hold such hearings and forums as the Council may determine to 
     be necessary to carry out the duties of the Council.
       ``(f) Conflict of Interest.--No member of the Council shall 
     cast a vote on any matter that would provide direct financial 
     benefit to such member or otherwise give the appearance of a 
     conflict of interest under applicable State law.
       ``(g) Compensation and Expenses.--The Council may, 
     consistent with State law, use such resources to reimburse 
     members of the Council for reasonable and necessary expenses 
     of attending Council meetings and performing Council duties 
     (including child care and personal assistance services), and 
     to pay compensation to a member of the Council, if such 
     member is not employed or must forfeit wages from other 
     employment, for each day the member is engaged in performing 
     Council duties.
       ``(h) Use of Existing Council.--
       ``(1) In general.--To the extent that a State has an 
     existing Council, the existing Council shall be considered in 
     compliance with this section if the existing Council meets 
     the requirements under paragraph (2).
       ``(2) Requirements.--An existing Council shall--
       ``(A) include a majority of members who are family members 
     of children with disabilities and who are children with 
     disabilities (from age 18 to 21);
       ``(B) in the case in which the existing Council does not 
     represent the full range of families and individuals 
     described in subsection (c)(1), adopt strategies that will 
     ensure the full participation of such families and 
     individuals in all activities carried out by the Council; and
       ``(C) carry out functions and authorities that are 
     comparable to the functions and authorities described in 
     subsections (d) through (g).
       ``(3) Documentation of compliance.--Any State that has an 
     existing Council shall include in a grant application 
     submitted under section 705 and in subsequent annual progress 
     reports submitted to the Secretary under section 710, a 
     description of the measures that are being taken or that are 
     planned, to ensure that the existing Council of the State 
     complies with this section.

     ``SEC. 708. AUTHORIZED ACTIVITIES.

       ``A State that receives a grant under section 704 may use 
     the funds made available through the grant to carry out 
     systems change activities, which accomplish the purposes 
     described in section 702, such as the following activities:
       ``(1) Training and technical assistance.--The State may 
     support training and technical assistance activities for 
     family members, service providers, community members, 
     professionals, members of the Council, students and others 
     that will do the following:
       ``(A) Increase family participation, choice, and control in 
     the provision of family support for families of children with 
     disabilities.
       ``(B) Promote partnerships with families of children with 
     disabilities at all levels of the service system.
       ``(C) Develop or strengthen family-centered and family-
     directed approaches to services, including service 
     coordination services, service planning services, and respite 
     care services.
       ``(D) Assist families of children with disabilities in 
     accessing natural and community supports and in obtaining 
     benefits and services.
       ``(2) Interagency coordination.--The State may support 
     activities that conduct the following:
       ``(A) Identification and coordination of Federal and State 
     policies, resources, and services, relating to the provision 
     of family support services for families of children with 
     disabilities, including entering into interagency agreements.
       ``(B) Interagency work groups to enhance public funding 
     options and coordinate access to funding for family support 
     services for families of children with disabilities, with 
     special attention to the issues of family involvement in the 
     identification, planning, use, delivery, and evaluation of 
     such services.
       ``(C) Documentation and dissemination of information about 
     interagency activities that promote coordination with respect 
     to family support services for families of children with 
     disabilities, including evidence of increased participation 
     of State and local health, maternal and child health, social 
     service, mental health, mental retardation and developmental 
     disabilities, child protection, education, early 
     intervention, developmental disabilities councils, agencies, 
     and departments.
       ``(3) Local or regional councils.--The State may support 
     the development or enhancement of local or regional councils 
     to review the status of family support for families of 
     children with disabilities in the local or regional area, to 
     advise and assist with the planning, development, 
     implementation, and evaluation of family support for families 
     of children with disabilities in such local or regional area, 
     and to provide recommendations to the State regarding 
     improvements and plans.
       ``(4) Outreach.--The State may conduct outreach activities 
     to locate families who are eligible for family support for 
     families of children with disabilities and to identify groups 
     who are unserved or underserved. Such activities may involve 
     the creation or maintenance of, support of, or provision of, 
     assistance to statewide and community parent organizations, 
     and organizations that provide family support to families of 
     children with disabilities.
       ``(5) Policy studies.--The State may support policy studies 
     that relate to the development and implementation, or 
     expansion and enhancement, of a statewide system of family 
     support for families of children with disabilities. Such 
     studies may address issues regarding eligibility and access 
     to services.
       ``(6) Hearings and forums.--The State may conduct hearings 
     and forums to solicit input from families of children with 
     disabilities regarding family support programs, policies, and 
     plans for such families. Such hearings and forums may be 
     conducted in collaboration with other statewide councils.
       ``(7) Public awareness and education.--The State may 
     develop and disseminate information relating to family 
     support for families of children with disabilities designed 
     to provide information to such families, parent groups and 
     organizations, public and private agencies that are in 
     contact with children with disabilities and families of such 
     children, students, policymakers, and the public. Such 
     information may relate to the nature, cost, and availability 
     of, and accessibility to, family support for families of 
     children with disabilities, the impact of family support for 
     families of children with disabilities on other benefits, and 
     the efficacy of family support for families of children with 
     disabilities with respect to enhancing the quality of family 
     life.
       ``(8) Needs assessment.--The State may conduct a needs 
     assessment, which may, in part, be based on existing State 
     data.
       ``(9) Program data.--The State may support the compilation 
     and evaluation of appropriate data related to the statewide 
     system of family support for families of children with 
     disabilities.
       ``(10) Pilot demonstration projects.--The State may support 
     pilot demonstration projects to demonstrate new approaches to 
     the provision of family support for families of children with 
     disabilities. Such projects may include the demonstration of 
     family-centered and family-directed service coordination, 
     approaches to improve access to services, including 
     independent service coordination, peer support networks, and 
     voucher programs.
       ``(11) Other activities.--The State may support other 
     systems change activities that accomplish the purposes 
     described in section 702.

     ``SEC. 709. STRATEGIC PLAN.

       ``(a) In General.--Not later than 6 months after the date 
     on which assistance is received by a State under this part, 
     the lead entity of the State, in conjunction with the 
     Council, shall prepare and submit to the Secretary a 
     strategic plan designed to achieve the purposes and policy of 
     this part.
       ``(b) Contents.--The strategic plan shall include--
       ``(1) a statement of the mission, purpose, and principles 
     of the statewide system of family support for families of 
     children with disabilities in the State;
       ``(2) a statement of family-centered outcomes to be 
     achieved by the statewide system of family support for 
     families of children with disabilities;
       ``(3) specific goals and objectives for developing and 
     implementing, or expanding and improving, the system for 
     providing family support services for families of children 
     with disabilities, and for achieving the family-centered 
     outcomes;
       ``(4) systemic approaches for accomplishing the objectives 
     and achieving the family-centered outcomes, including 
     interagency coordination and cooperation, that builds upon 
     state-of-the-art practices and research findings;
       ``(5) a description of the specific programs, projects, and 
     activities funded under this part and the manner in which the 
     programs, projects, and activities accomplish the objectives 
     and achieve the family-centered outcomes;
       ``(6) a description of an ongoing quality improvement or 
     quality enhancement system, which utilizes information from 
     ongoing measurements of the extent to which family-centered 
     outcomes are achieved, to improve the system;
       ``(7) a description of an appeals process that will be used 
     in resolving any disputes families of children with 
     disabilities may have regarding the determination of 
     eligibility or the provision of family support services to 
     the family or to the child with a disability;
       ``(8) a description of the eligibility criteria to be used 
     to carry out programs, projects, and activities under this 
     part that includes all eligible families;
       ``(9) an analysis of the extent to which family support for 
     a family of a child with a disability is defined as a benefit 
     and not as income; and
       ``(10) a description of the plan to conduct an annual 
     evaluation of the statewide system of family support for 
     families of children with disabilities, in conjunction with 
     the Council, to improve such statewide system and to document 
     progress as required by section 710.
       ``(c) Period and Updates.--The strategic plan shall cover 
     the period of the grant and shall be reviewed and updated on 
     an annual basis to reflect actual experience and family 
     satisfaction information over the preceding year and input 
     from the Council, families of children with disabilities, and 
     other interested parties.
       ``(d) Recommendations.--Prior to developing the strategic 
     plan, the State shall solicit input and recommendations from 
     interested members of the public, either by holding public 
     hearings or through an alternative method or methods 
     determined by the lead entity in consultation with the 
     Council. The lead entity shall also obtain the comments and 
     recommendations of the Council. The lead entity, in 
     conjunction with the Council, shall consider the 
     recommendations and attempt to reach a consensus with respect 
     to such recommendations. If the lead entity and the Council 
     are unable to reach a consensus, the lead entity shall 
     include a written explanation of the reason a consensus was 
     not reached in the strategic plan.
       ``(e) Comment.--The State shall develop a procedure for 
     ensuring ongoing comment from the Council.
       ``(f) Dissemination.--The State shall widely disseminate 
     the strategic plan to families of children with disabilities, 
     parent organizations, and other interested persons.
       ``(g) Construction.--Nothing in this section shall be 
     construed to prevent a State from using an existing statewide 
     strategic plan or parts thereof to meet the requirements of 
     this section as long as such plan or the applicable parts 
     thereof are comparable to the specifications of this section.

     ``SEC. 710. PROGRESS CRITERIA AND REPORTS.

       ``(a) Guidelines.--The Secretary shall develop guidelines 
     to be used in assessing the extent to which a State that 
     received a grant under section 704 is making significant 
     progress in developing and implementing, or expanding and 
     enhancing, a statewide system of family support for families 
     of children with disabilities consistent with the purposes of 
     this part.
       ``(b) Progress Reports.--A State that receives a grant 
     under section 704 shall submit annually to the Secretary a 
     report that documents progress in developing and 
     implementing, or expanding and enhancing, a statewide system 
     of family support for families of children with disabilities 
     consistent with this part. Such report shall include--
       ``(1) the results of the annual evaluation of the statewide 
     system of family support for families of children with 
     disabilities;
       ``(2) a description of the unanticipated problems with the 
     achievement of the goals, objectives, and family-centered 
     outcomes described in the application or strategic plan and 
     the measures the State has taken to rectify such problems;
       ``(3) for the annual progress report concerning the first 
     year of the grant period, the strategic plan developed by the 
     State during the first year; and
       ``(4) for the annual progress report concerning subsequent 
     years of the grant period, the updated strategic plan.

     ``SEC. 711. ADMINISTRATIVE PROVISIONS.

       ``(a) Evaluation of Grant Applications.--
       ``(1) Panels.--The Secretary shall convene panels of 
     experts who are competent, by virtue of their training or 
     experience, to evaluate grant applications under this part.
       ``(2) Composition of panels.--Panels shall be composed of a 
     majority of family members of children with disabilities and 
     individuals with disabilities, and may include service 
     providers, State administrative personnel, and professionals. 
     Panels shall include a majority of individuals who are not 
     Federal employees.
       ``(3) Expenses and fees of the panel.--A member of the 
     Panel who is not a Federal employee shall receive travel, per 
     diem and consultant fees not to exceed the rate provided to 
     other consultants used by the Secretary. The Secretary may 
     use funds available under section 716 to pay expenses and 
     fees of a member of a Panel who is not a Federal employee.
       ``(b) Provision of Information.--To assist the Secretary in 
     carrying out the responsibilities of the Secretary under this 
     section, the Secretary may require States to provide relevant 
     information, including recommendations and relevant reports 
     of the Council.
       ``(c) Appeals.--The Secretary shall establish appeals 
     procedures for States that are found in noncompliance with 
     the provisions of this part as the result of failure to 
     supply information required under section 705 or 710. The 
     Secretary shall take into consideration the comments of the 
     Council.
       ``(d) Effect on Other Assistance.--This part may not be 
     construed as authorizing a Federal or State agency to reduce 
     medical or other assistance available, or to alter 
     eligibility, under any Federal law.
       ``(e) Unobligated Funds.--Any amount paid to a State for a 
     fiscal year and remaining unobligated at the end of such year 
     shall remain available to such State for the next fiscal year 
     for the purposes for which such amount was paid.

     ``SEC. 712. TECHNICAL ASSISTANCE.

       ``(a) In General.--The Secretary shall make grants, or 
     enter into contracts or cooperative agreements, with 
     appropriate public or private agencies and organizations, 
     including institutions of higher education, with documented 
     experience, expertise, and capacity, for the purpose of 
     providing technical assistance and information with respect 
     to the development and implementation, or expansion and 
     enhancement, of a statewide system of family support for 
     families of children with disabilities.
       ``(b) Purpose.--With respect to States receiving assistance 
     under this part, the technical assistance and information 
     described under subsection (a) shall be provided to the State 
     agency designated as the lead entity, the Council, family 
     members of children with disabilities, organizations, service 
     providers, and policymakers involved with children with 
     disabilities and their families. Such technical assistance 
     shall also be available to States that do not receive 
     assistance under this part. Such technical assistance and 
     information shall--
       ``(1) facilitate effective systems change activities;
       ``(2) promote effective approaches to the development and 
     implementation, or expansion and enhancement of, the 
     statewide systems of family support for families of children 
     with disabilities that increase access to, funding for, and 
     awareness of family support for families of children with 
     disabilities;
       ``(3) promote partnerships with families at all levels of 
     the service system;
       ``(4) foster awareness and understanding of Federal, State, 
     and local laws, regulations, policies, practices, procedures, 
     and organizational structures, that facilitate, and overcome 
     barriers to, funding for, and access to family support for 
     families of children with disabilities;
       ``(5) foster the development and replication of effective 
     approaches to strategic plan development, interagency 
     coordination, training, outreach to underserved groups, and 
     public awareness activities;
       ``(6) facilitate service delivery capacity, training, and 
     the improvement of data collection and evaluation systems;
       ``(7) promote effective approaches to the development of 
     family-centered and family-directed services, including 
     approaches to the development and measurement of family-
     centered outcomes described in section 709(b)(2), and the 
     assessment of family satisfaction; and
       ``(8) coordinate and facilitate an annual meeting of the 
     chairpersons of the Councils.
       ``(c) Request for Technical Assistance.--A request for 
     technical assistance by a lead entity in a State receiving 
     assistance under this part shall be made in conjunction with 
     the Council.
       ``(d) Reports to the Secretary.--An entity providing the 
     technical assistance under this section shall submit periodic 
     reports to the Secretary regarding Federal policies and 
     procedures identified within the States that facilitate or 
     impede the delivery of family support to families of children 
     with disabilities. The report shall include recommendations 
     to the Secretary regarding the delivery of services, 
     coordination with other programs, and integration of the 
     policies and principles described in section 702 in other 
     Federal legislation.

     ``SEC. 713. EVALUATION.

       ``(a) In General.--The Secretary shall make grants, or 
     enter into contracts or cooperative agreements, with 
     appropriate public or private agencies and organizations, 
     including institutions of higher education, with documented 
     experience, expertise, and capacity for the purpose of 
     conducting a national evaluation of the program of grants to 
     States authorized by this part.
       ``(b) Purpose.--The purpose of an evaluation under 
     subsection (a) shall be to assess the status and effects of 
     State efforts to develop and implement, or expand and 
     enhance, statewide systems of family support for families of 
     children with disabilities in a manner consistent with the 
     provisions of this part, particularly in terms of the impact 
     of such efforts on families of children with disabilities, 
     and to recommend amendments to this part that are necessary 
     to assist States to fully accomplish the purposes of this 
     part. The Secretary or recipient of assistance under this 
     section shall work with the States to consider and develop an 
     information system designed to report and compile, from 
     information provided by the States, including the Council, a 
     qualitative and quantitative description of the impact of the 
     program of grants to States authorized by this part on--
       ``(1) families of children with disabilities, including 
     families from ethnic and racial minority backgrounds;
       ``(2) access to and funding for family support for families 
     of children with disabilities; and
       ``(3) the involvement of families at all levels of the 
     service system.
       ``(c) Report to Congress.--Not later than 2\1/2\ years 
     after the date of enactment of this part, the Secretary shall 
     prepare and submit to the appropriate committees of Congress 
     a report concerning the results of the evaluation conducted 
     under this section.
       ``(d) Conflict of Interest.--The Secretary shall assure 
     that a recipient of a grant, contract, or cooperative 
     agreement under this section is independent from, and free 
     from, any financial or personal relationships with the 
     recipient of a grant, contract, or cooperative agreement 
     selected to provide technical assistance under section 712.

     ``SEC. 714. PROJECTS OF NATIONAL SIGNIFICANCE.

       ``(a) Study by the Secretary.--The Secretary shall review 
     Federal programs to determine the extent to which such 
     programs facilitate or impede access to, provision of, and 
     funding for family support for families of children with 
     disabilities, consistent with the policies described in 
     section 702.
       ``(b) Demonstration and Innovation Projects.--The Secretary 
     shall make grants or enter into contracts for projects of 
     national significance to support the development of national 
     and State policies and practices related to the development 
     and implementation, or expansion and enhancement, of family-
     centered and family-directed systems of family support for 
     families of children with disabilities.

     ``SEC. 715. CONSTRUCTION.

       ``Notwithstanding any other provision of this title, 
     nothing in parts A through H of this title shall be construed 
     to apply to this part.

     ``SEC. 716. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) In General.--There are authorized to be appropriated 
     to carry out this part, $10,000,000 for fiscal year 1995, and 
     such sums as may be necessary for each of the fiscal years 
     1996 and 1997.
       ``(b) Reservation.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     Secretary shall reserve for each fiscal year 10 percent, or 
     $600,000 (whichever is greater), of the amount appropriated 
     pursuant to the authority of subsection (a) to carry out--
       ``(A) section 712, with respect to the provision of 
     technical assistance and information to States;
       ``(B) section 713, with respect to the conduct of the 
     evaluations;
       ``(C) section 711(a), with respect to the evaluation of 
     grant applications; and
       ``(D) section 714, with respect to the conduct of projects 
     of national significance.
       ``(2) Special rule.--The Secretary shall only use funds 
     reserved under paragraph (1) for a fiscal year to carry out 
     section 714 for such year if the amount of funds reserved 
     under such paragraph for such fiscal year is $700,000 or 
     greater.''.
       On page 496, after line 15, insert a new subparagraph as 
     follows:
       ``(e) Optional Assignment.--A local educational agency with 
     a total enrollment of greater than 900,000 children may, to 
     the extent feasible, use funds received under this part to 
     serve children from low-income families who reside in school 
     attendance areas having high concentrations of children from 
     low-income families, who otherwise meet the eligibility 
     requirements of this part, and who attend schools in 
     noneligible attendance areas.''
       On page 853, beginning on line 1, strike all through line 
     4, and insert the following:
       ``(4) Definitions.--For the purpose of this subsection--
       ``(A) the term `State' means each of the 50 States, the 
     District of Columbia, and the Commonwealth of Puerto Rico; 
     and
       ``(B) the term `local educational agency' includes 
     intermediate school districts and consortia.
       On page 869, line 23, insert ``comprehensive health'' after 
     ``and''.
       At the appropriate place, insert the following new title:
                   TITLE ____--MULTIETHNIC PLACEMENT

     SEC. ____01. SHORT TITLE.

       This Act may be cited as the ``Multiethnic Placement Act of 
     1994''.

     SEC. ____02. FINDINGS AND PURPOSE.

       (a) Findings.--Congress finds that--
       (1) nearly 500,000 children are in foster care in the 
     United States;
       (2) tens of thousands of children in foster care are 
     waiting for adoption;
       (3) 2 years and 8 months is the median length of time that 
     children wait to be adopted;
       (4) child welfare agencies should work to eliminate racial, 
     ethnic, and national origin discrimination and bias in 
     adoption and foster care recruitment, selection, and 
     placement procedures; and
       (5) active, creative, and diligent efforts are needed to 
     recruit parents, from every race and culture, for children 
     needing foster care or adoptive parents.
       (b) Purpose.--It is the purpose of this Act to decrease the 
     length of time that children wait to be adopted and to 
     prevent discrimination in the placement of children on the 
     basis of race, color, or national origin.

     SEC. ____03. MULTIETHNIC PLACEMENTS.

       (a) Activities.--
       (1) Prohibition.--An agency, or entity, that receives 
     Federal assistance and is involved in adoption or foster care 
     placements may not--
       (A) categorically deny to any person the opportunity to 
     become an adoptive or a foster parent, solely on the basis of 
     the race, color, or national origin of the adoptive or foster 
     parent, or the child, involved; or
       (B) delay or deny the placement of a child for adoption or 
     into foster care, or otherwise discriminate in making a 
     placement decision, solely on the basis of the race, color, 
     or national origin of the adoptive or foster parent, or the 
     child, involved.
       (2) Permissible consideration.--An agency or entity to 
     which paragraph (1) applies may consider the race, color, or 
     national origin of a child as a factor in making a placement 
     decision if such factor is relevant to the best interests of 
     the child involved and is considered in conjunction with 
     other factors.
       (3) Definition.--As used in this subsection, the term 
     ``placement decision'' means the decision to place, or to 
     delay or deny the placement of, a child in a foster care or 
     an adoptive home, and includes the decision of the agency or 
     entity involved to seek the termination of birth parent 
     rights or otherwise make a child legally available for 
     adoptive placement.
       (b) Limitation.--The Secretary of Health and Human Services 
     shall not provide placement and administrative funds under 
     section 474(a)(3) of the Social Security Act (42 U.S.C. 
     674(a)(3)) to an agency or entity described in subsection (a) 
     that is not in compliance with subsection (a).
       (c) Equitable Relief.--Any individual who is aggrieved by 
     an action in violation of subsection (a), taken by an agency 
     or entity described in subsection (a), shall have the right 
     to bring an action seeking relief in a United States district 
     court of appropriate jurisdiction.
       (d) Construction.--Nothing in this section shall be 
     construed to affect the application of the Indian Child 
     Welfare Act of 1978 (25 U.S.C. 1901 et seq.).
       On page 1092, line 13, insert ``FINDINGS;'' before 
     ``purpose''.
       On page 1092, between lines 13 and 14, insert the 
     following:
       ``(a) Findings.--The Congress finds that--
       ``(1) the education of our Nation's children and youth is 
     one of the most sacred government responsibilities;
       ``(2) local educational agencies have struggled to fund 
     adequately education services;
       ``(3) in the case of Plyler v. Doe, the Supreme Court held 
     that States have a responsibility under the Equal Protection 
     Clause of the Constitution to educate all children, 
     regardless of immigration status;
       ``(5) immigration policy is solely a responsibility of the 
     Federal Government; and
       On page 1092, line 14, strike ``(a)'' and insert ``(b)''.
       On page 1093, line 1, strike ``(b)'' and insert ``(c)''.
       On page 1093, line 7, strike ``two'' and insert ``three''.
       On page 1094, line 11, strike ``(a)'' and insert ``(b)''.
       On page 1097, strike lines 1 through 14, and insert the 
     following:
       ``(e) Reservation of Funds.--
       ``(1) In general.--Notwithstanding any other provision of 
     this part, if the amount appropriated to carry out this part 
     exceeds $50,000,000 for a fiscal year, a State educational 
     agency may reserve not more than 20 percent of such agency's 
     payment under this part for such year to award grants, on a 
     competitive basis, to local educational agencies within the 
     State as follows:
       ``(A) At least one-half of such grants shall be made 
     available to eligible local educational agencies (as 
     described in subsection (b)(2)) within the State with the 
     highest numbers and percentages of immigrant children and 
     youth.
       ``(B) Funds reserved under this paragraph and not made 
     available under subparagraph (A) may be distributed to local 
     educational agencies within the State experiencing a sudden 
     influx of immigrant children and youth which are otherwise 
     not eligible for assistance under this part.
       On page 1105, line 24, strike ``$75,000,000'' and insert 
     ``$150,000,000''.
       On page 1106, line 3, insert:

     SEC. 9210. COMMUNICATIONS BETWEEN FEDERALLY FUNDED GOVERNMENT 
                   AGENCIES AND THE IMMIGRATION AND NATURALIZATION 
                   SERVICE.

       Notwithstanding any other provision of law, no Federal, 
     State, or local government entity receiving Federal funds 
     shall be prohibited or in any way restricted from 
     communicating with the Immigration and Naturalization Service 
     regarding the immigration status, legal or illegal, of an 
     alien in the United States.
       On page 1357, after line 25, insert the following:

     SEC. ____. REHABILITATION ACT.

       (a) Notwithstanding any other provision of the 
     Rehabilitation Act of 1973, the amount otherwise payable to a 
     State under section 111 of such Act shall be reduced--
       (1) for fiscal years 1987 and 1988, by the amount by which 
     expenditures from non-Federal sources under the State plan 
     under title I of such Act for such year are less than the 
     total of such expenditures for fiscal year 1972; and
       (2) for fiscal year 1989, the lesser of--
       (A) the amount by which expenditures from non-Federal 
     sources under the State plan under title I of such Act for 
     fiscal year 1989 are less than average of the total of such 
     expenditures for fiscal years 1986, 1987, and 1988; or
       (B) the amount by which expenditures from non-Federal 
     sources under the State plan under title I of such Act for 
     fiscal year 1988 are less than the average of the total of 
     such expenditures for fiscal years 1985, 1986, and 1987.
       On page 1357, line 13, insert the following:
       (c) Local Agency Plan Approval.--Paragraph 4 of section 309 
     (a) of the Goals 2000: Educate America Act is amended by 
     inserting the words ``made by the local educational agency'' 
     after the word ``modifications''.
       On page 1079, between lines 21 and 22, insert the 
     following:
       ``(c) Special Rules.--
       ``(1) Certain children eligible under subsection (a) or (b) 
     of section 3 of public law 81-874.--Notwithstanding any other 
     provision of law, for any fiscal year before fiscal year 
     1995, the Secretary shall treat as eligible under subsection 
     (a) or (b) of section 3 of the Act of September 30, 1950 
     (Public Law 874, 81st Congress), and shall forgive the 
     obligation of a local educational agency to repay any amounts 
     that such agency received under such section for such fiscal 
     year based on, any child who would be eligible under such 
     subsections except that such child does not meet the 
     requirements of subsection (a)(1)(B) or (b)(2)(B), 
     respectively, of such section 3, if such child meets the 
     requirements of paragraph (3) of this subsection.
       ``(2) Certain children eligible under subparagraphs (a) and 
     (g)(ii) of section 9004(a)(1).--(A) The Secretary shall treat 
     as eligible under subparagraph (A) of section 9004(a)(1) any 
     child who would be eligible under such subparagraph except 
     that the Federal property on which the child resides or on 
     which the child's parent is employed is not in the same State 
     in which the child attends school, if such child meets the 
     requirements of paragraph (3) of this subsection.
       ``(B) The Secretary shall treat as eligible under 
     subparagraph (G) of section 9004(a)(1) any child who would be 
     eligible under such subparagraph except that such child does 
     not meet the requirements of clause (ii) of such 
     subparagraph, if such child meets the requirements of 
     paragraph (3) of this subsection.
       ``(3) Requirements.--A child meets the requirements of this 
     paragraph if on the day preceding the date of enactment--
       ``(A) such child resides--
       ``(i) in a State adjacent to the State in which the local 
     educational agency serving the school such child attends is 
     located; or
       ``(ii) with a parent employed on Federal property in a 
     State adjacent to the State in which such agency is located;
       ``(B) the schools of such agency are within a more 
     reasonable commuting distance of such child's home than the 
     schools of the local educational agency that serves the 
     school attendance area where such child resides;
       ``(C) attending the schools of the local educational agency 
     that serves the school attendance area where such child 
     resides will impose a substantial hardship on such child; and
       ``(D) the State in which such child attends school provides 
     funds for the education of such child on the same basis as 
     all other public school children in the State, unless 
     otherwise permitted under section 5(d)(2) of the Act of 
     September 30, 1950 (Public Law 874, 81st Congress) or section 
     9010(b) of this part.''.
       On page 563, line 12, strike ``For'' and insert 
     ``Notwithstanding subsections (a)(2)(A)(iv) and (e), for''.

       On page 563, line 17, strike ``A State'' and insert 
     ``Notwithstanding subsections (a)(2)(A)(iv) and (e), a 
     State''.

       On page 563, line 18, strike ``more than'' and insert 
     ``less than''.

       Subsection (e) of section 1123 of the Elementary and 
     Secondary Education Act of 1965 (as amended by section 101) 
     is amended by striking ``Notwithstanding subsection (d)(1), 
     no State'' and inserting ``No State''.
       On page 646, line 9, strike ``or (C);'' and insert ``; 
     or''.
       On page 646, strike lines 10 through 22, and insert the 
     following:
       ``(B) not more than 1.5 percent and not less than 1 percent 
     of the funds appropriated to carry out such subsections for 
     fiscal year 1997 and each succeeding fiscal year if the 
     Secretary, based on the State reports required by subsection 
     (d) and the studies required by section 14010(b), authorizes 
     such reservation;
       On page 647, line 1, strike ``$375,000'' and insert 
     ``$425,000''.
       On page 647, line 3, strike ``or (C);'' and insert ``; 
     or''.
       On page 647, strike lines 4 through 14, and insert the 
     following:
       ``(B) not more than $565,000 and not less than $425,000 for 
     fiscal year 1997 and each succeeding fiscal year if the 
     Secretary, based on the State reports required by subsection 
     (d) and the studies required by section 14010(b), authorizes 
     such reservation; or
       On page 647, line 18, strike ``or (C);'' and insert ``; 
     or''.
       On page 647, beginning with line 19, strike all through 
     page 648, line 5, and insert the following:
       ``(B) not more than $80,000 and not less than $50,000 for 
     fiscal year 1997 and each succeeding fiscal year if the 
     Secretary, based on the State reports required by subsection 
     (d) and the studies required by section 14010(b), authorizes 
     such reservation.
       On page 648, strike lines 10 through 14 and insert the 
     following:
       ``(1)(A) .65 percent of the funds appropriated to carry out 
     subsections (a), (c), (d), and (e) of section 1002 for fiscal 
     year 1995 and each succeeding fiscal year not described in 
     subparagraph (B); or
       ``(B) not more than .75 percent and not less than .65 
     percent of the funds appropriated to carry out such 
     subsections for fiscal year 1997 and each succeeding fiscal 
     year if the Secretary, based on the State reports required by 
     subsection (d) and the studies required by section 14010(b), 
     authorizes such reservation; or
       ``(2) except as provided in paragraph (3)--
       ``(A) $210,000 for fiscal year 1995 and each succeeding 
     fiscal year not described in subparagraph (B); or
       ``(B) not more than $245,000 for fiscal year 1997 and each 
     succeeding fiscal year if the Secretary, based on the State 
     reports required by subsection (d) and the studies required 
     by section 14010(b), authorizes such reservation; or
       ``(3) in the case of an outlying area--
       ``(A) $35,000 for fiscal year 1995 and each succeeding 
     fiscal year not described in subparagraph (B); or
       ``(B) not more than $40,000 for fiscal year 1997 and each 
     succeeding fiscal year if the Secretary, based on the State 
     reports required by subsection (d) and the studies required 
     by section 14010(b), authorizes such reservation.
       ``(d) Report.--Beginning in fiscal year 1995 and each 
     succeeding fiscal year thereafter, each State educational 
     agency which receives funds under this title shall submit to 
     the Secretary a report on the use of funds for the State 
     administration of activities assisted under this title. Such 
     report shall include the proportion of State administrative 
     funds provided under this section that are expended for--
       ``(1) basic program operation and compliance monitoring;
       ``(2) statewide program services, such as development of 
     standards and assessments, curriculum development, and 
     program evaluation; and
       ``(3) technical assistance and other direct support to 
     local educational agencies and schools.
       On page 648, line 15, strike ``(d)'' and insert ``(e)''
       On page 1221, line 18, strike ``and'' and insert a comma.
       On page 1221, line 19, strike ``levels'' and insert the 
     following: ``, and State educational agency levels, which 
     system shall be completed by January 1, 1997''.
       On page 1221, line 26, strike ``and'' and insert a comma.
       On page 1222, line 1, insert ``, and State educational 
     agency'' after ``agency''.
       On page 1222, line 2, strike ``six months after such date'' 
     and insert ``July 1, 1997,''.
       On page 1222, line 5, strike ``and'' and insert a comma.
       On page 1222, line 6, insert ``, and State educational 
     agency'' after ``agency''.
       On page 1035, between lines 11 and 12, insert the 
     following:

                ``PART P--COMMUNITY SCHOOL PARTNERSHIPS

     ``SEC. 8901. SHORT TITLE.

       ``This part may be cited as the `Community School 
     Partnership Act'.

     ``SEC. 8902. FINDINGS.

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

     ``SEC. 8903. DEFINITIONS.

       ``As used in this part:
       ``(1) Area program center.--The term `area program center' 
     means an organization that--
       ``(A) is part of, responsible to, and overseen by, the 
     national organization; and
       ``(B) is staffed by professionals trained to create, 
     develop, and sustain local affiliated chapters in towns, 
     cities, and neighborhoods.
       ``(2) Local affiliated chapter.--The term `local affiliated 
     chapter' means an organization that--
       ``(A) is a nonprofit organization that is described in 
     section 501(c)(3) of the Internal Revenue Code of 1986, and 
     exempt from taxation under section 501(a) of such Code (or 
     shall meet this criteria through affiliation with the 
     national organization described in paragraph (3));
       ``(B) is formed for the purpose of providing educational 
     scholarships and academic support for residents of the local 
     community served by such organization;
       ``(C) solicits broad-based community support in its 
     academic support and fund-raising activities;
       ``(D) is broadly representative of the local community in 
     the structures of its volunteer-operated organization and has 
     a board of directors that includes leaders from local 
     neighborhood organizations and neighborhood residents, such 
     as school or college personnel, parents, students, community 
     agency representatives, and representatives of the business 
     community;
       ``(E) awards scholarships without regard to age, sex, 
     marital status, race, creed, color, religion, national origin 
     or the presence of any mental, sensory, or physical 
     disability; and
       ``(F) gives priority in awarding scholarships to students 
     from low-income families in the local community.
       ``(3) National organization.--The term `national 
     organization' means an organization that--
       ``(A) has the capacity to create, develop and sustain local 
     affiliated chapters;
       ``(B) has the capacity to sustain newly created local 
     affiliated chapters in towns, cities, and neighborhoods 
     through ongoing training and support programs;
       ``(C) is described in section 501(c)(3) of the Internal 
     Revenue Code of 1986, and exempt from taxation under section 
     501(a) of such Code;
       ``(D) is a publicly supported organization within the 
     meaning of section 170(b)(1)(A)(vi) of such Code;
       ``(F) ensures that each of its local affiliated chapters 
     meet the criteria described in subparagraphs (C) and (D);
       ``(G) has a program for or experience in cooperating with 
     secondary and postsecondary institutions in carrying out its 
     scholarship and academic support activities.
       ``(4) High-poverty area.--The term `high-poverty area' 
     means a community with a higher percentage of children in 
     poverty than the national average of such percentage.
       ``(5) Students from low-income families.--The term 
     `students from low-income families' means students 
     determined, pursuant to part F of title IV of the Higher 
     Education Act of 1965, to be eligible for a Federal Pell 
     Grant under subpart 1 of part A of title IV of such Act.

     ``SEC. 8904. PURPOSE; ENDOWMENT GRANT AUTHORITY.

       ``(a) Purpose.--It is the purpose of this title to 
     establish and support area program centers to enable such 
     centers to foster the development of local affiliated 
     chapters in high-poverty areas that promote higher education 
     goals for students from low-income families by--
       ``(1) providing academic support, including guidance, 
     counseling, mentoring, tutoring, and recognition; and
       ``(2) providing scholarship assistance for the pursuit of 
     postsecondary education.
       ``(b) Endowment Grant Authority.--From the funds 
     appropriated pursuant to the authority of section 8907, the 
     Secretary competitively awards an endowment grant to a 
     national organization to enable such organization to support 
     the establishment or ongoing work of area program centers 
     that foster the development of local affiliated chapters in 
     high-poverty areas to improve high school graduation rates 
     and postsecondary attendance through the provision of 
     academic support services and scholarship assistance for the 
     pursuit of postsecondary education.

     ``SEC. 8905. GRANT AGREEMENT AND REQUIREMENTS.

       ``(a) In General.--The Secretary shall award the endowment 
     grant described in section 8904(b) pursuant to an agreement 
     between the Secretary and the national organization. Such 
     agreement shall--
       ``(1) require the national organization to establish an 
     endowment fund in the amount of the grant, the corpus of 
     which shall remain intact and the interest income from which 
     shall be used to support the activities described in 
     paragraphs (2) and (3);
       ``(2) require the national organization to use 25 percent 
     of the interest income from the endowment fund in any fiscal 
     year to provide scholarships for students from low-income 
     families, which scholarships shall be matched on a dollar-
     for-dollar basis from funds raised by local affiliated 
     chapters;
       ``(3) require the national organization to use 75 percent 
     of the interest income from the endowment fund in any fiscal 
     year to support the establishment or ongoing work of area 
     program centers to enable such centers to work with local 
     communities to establish local affiliated chapters in high-
     poverty areas and provide ongoing technical assistance, 
     training workshops, and other activities to help ensure the 
     ongoing success of the local affiliated chapters;
       ``(4) require the area program centers supported by the 
     national organization to give priority to establishing local 
     affiliated chapters that serve high-poverty areas;
       ``(5) require the national organization to submit, in each 
     fiscal year in which such organization uses the interest from 
     the endowment fund, a report to the Secretary that contains--
       ``(A) a description of the programs and activities 
     supported by the interest on the endowment fund;
       ``(B) the audited financial statement of the national 
     organization for the preceding fiscal year;
       ``(C) a plan for the programs and activities to be 
     supported from the interest on the endowment fund during the 
     5 succeeding fiscal years;
       ``(D) or is accompanied by such evaluation of the programs 
     and activities supported by the interest on the endowment 
     fund as the Secretary may require; and
       ``(E) data indicating the number of students from low-
     income families who received scholarships from local 
     affiliated chapters, and the amounts of such scholarships;
       ``(6) contain such assurances as the Secretary may require 
     with respect to the management and operation of the endowment 
     fund;
       ``(7) require that, in order to continue using the interest 
     from the endowment fund, the national organization will meet 
     the continuing eligibility requirements described in section 
     8906; and
       ``(8) contain an assurance that if the Secretary determines 
     that such organization is not in substantial compliance with 
     the provisions of this title, then the national organization 
     shall pay to the Secretary an amount equal to the corpus of 
     the endowment fund plus any accrued interest on such fund 
     that is available to the national organization on the date of 
     such determination.
       ``(b) Returned Funds.--All funds returned to the Secretary 
     pursuant to subsection (a)(8) shall be available to the 
     Secretary to carry out any scholarship or grant program 
     assisted under title IV of the Higher Education Act of 1965.

     ``SEC. 8906. CONTINUING ELIGIBILITY.

       ``The national organization shall be eligible to continue 
     to use the interest from the endowment fund in accordance 
     with the provisions of this title--
       ``(1) in the third and each such succeeding fiscal year in 
     which such organization uses such interest only if the local 
     affiliated chapters associated with all area program centers 
     supported under this part distribute to students from low-
     income families 80 percent of the total amount of funds 
     raised by all such chapters in such year;

     ``SEC. 8907. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated $10,000,000 for 
     fiscal year 1995 to carry out this title.
       On page 1357, immediately after section 343, insert the 
     following:

     SEC. ____. HIGHER EDUCATION AMENDMENTS TO THE CARL D. PERKINS 
                   VOCATIONAL AND APPLIED TECHNOLOGY EDUCATION 
                   ACT.

       (a) Amendment.--The Carl D. Perkins Vocational and Applied 
     Technology Education Act (20 U.S.C. 2301 et seq.) is 
     amended--
       (1) in paragraph (2) of section 232(d)--
       (A) by inserting ``, notwithstanding section 427(b)(2) of 
     the Higher Education Amendments of 1992,'' before ``has''; 
     and
       (B) by inserting ``as such section was in effect on July 
     22, 1992'' before the semicolon; and
       (2) in subparagraph (B) of section 404(a)(4)--
       (A) by inserting ``, notwithstanding section 427(b)(2) of 
     the Higher Education Amendments of 1992,'' before ``has''; 
     and
       (B) by inserting ``as such section was in effect on July 
     22, 1992'' before the period.
       (b) Effective Date.--Subsection (a) and the amendments made 
     by subsection (a) shall take effect on the date of enactment 
     of this Act, except that a State that, prior to such date, 
     distributed funds under section 232 of the Carl D. Perkins 
     Vocational and Applied Technology Education Act from funds 
     appropriated for fiscal year 1994 for such program to 
     proprietary institutions of higher education, as such term is 
     defined in section 481(b) of the Higher Education Act of 
     1965, may continue to distribute such funds to such 
     institutions until July 1, 1995.

     SEC. ____. TECHNICAL AMENDMENTS TO THE CARL D. PERKINS 
                   VOCATIONAL AND APPLIED TECHNOLOGY EDUCATION 
                   ACT.

       The Carl D. Perkins Vocational and Applied Technology 
     Education Act (20 U.S.C. 2301 et seq.) is amended--
       (1) in section 101A--
       (A) in paragraph (2) of subsection (a), by striking ``and 
     Palau'' and all that follows through the end of the 
     subsection, and inserting ``the Federated States of 
     Micronesia, the Republic of the Marshall Islands, and the 
     Republic of Palau.''; and
       (B) in the matter preceding paragraph (1) of subsection 
     (b), by inserting ``the Republic of'' immediately before 
     ``Palau'';
       (2) in clause (ii) of section 112(f)(1)(B), by striking 
     ``Palau'' and all that follows through ``99-658)'', and 
     inserting ``the Federated States of Micronesia, the Republic 
     of the Marshall Islands, the Republic of Palau''; and
       (3) in paragraph (33) of section 521, by striking ``and 
     Palau'' and all that follows through the end of the 
     paragraph, and inserting ``the Federated States of 
     Micronesia, the Republic of the Marshall Islands, and the 
     Republic of Palau.''.

     SEC. ____. TECHNICAL AMENDMENT TO THE SECOND MORRILL ACT.

       Section 5 the Act of August 30, 1890 (26 Stat. 417, chapter 
     841; 7 U.S.C. 326a) (commonly known as the ``Second Morrill 
     Act'') is amended by striking ``and the Trust Territory of 
     the Pacific Islands or its successor governments'' and 
     inserting ``the Federated States of Micronesia, the Republic 
     of the Marshall Islands, and the Republic of Palau''.

     SEC. ____. DEFINITIONS FOR PART A OF TITLE III.

       Section 312 of the Higher Education Act of 1965 (20 U.S.C. 
     1058) is amended--
       (1) in paragraph (1) of subsection (b)--
       (A) in subparagraph (D), by striking ``and'' after the 
     semicolon; and
       (B) by adding after subparagraph (E) the following new 
     subparagraph:
       ``(F) located in a State; and'';
       (2) by redesignating subsection (f) as subsection (g); and
       (3) by inserting after subsection (e) the following new 
     subsection:
       ``(f) State.--For the purpose of this part 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, the Republic of the Marshall Islands, the Federated 
     States of Micronesia, and the Republic of Palau.''.

     SEC. ____. AUTHORIZATION OF APPROPRIATIONS FOR THE NATIONAL 
                   EARLY INTERVENTION SCHOLARSHIP AND PARTNERSHIP 
                   PROGRAM.

       Section 404G of the Higher Education Act of 1965 (20 U.S.C. 
     1070a-27) is amended by striking the second sentence thereof.

     SEC. ____. LENDER-OF-LAST-RESORT PROGRAMS.

       (a) Amendment.--Paragraph (1) of subsection (c) of section 
     428 of the Higher Education Act of 1965 (20 U.S.C. 
     1078(c)(1)) is amended by adding at the end the following new 
     subparagraph:
       ``(G) Notwithstanding any other provision of this section, 
     the Secretary shall exclude a loan made pursuant to a lender-
     of-last-resort program when making reimbursement payment 
     calculations under subparagraphs (B) and (C).''.
       (b) Effective Date.--Subsection (a) and the amendment made 
     by subsection (a) shall take effect on August 10, 1993.

     SEC. ____. FEDERAL CONSOLIDATION LOANS.

       Paragraph (4) of section 428C(a) of the Higher Education 
     Act of 1965 (20 U.S.C. 1078-3(a)(4)) is amended--
       (1) in subparagraph (B), by striking ``or'' after the 
     semicolon;
       (2) in subparagraph (C), by striking the period and 
     inserting ``; or''; and
       (3) by adding at the end the following new subparagraph:
       ``(D) made under subpart II of part B of title VIII of the 
     Public Health Service Act.''.

     SEC. ____. FACILITIES AUTHORITY OF THE STUDENT LOAN MARKETING 
                   ASSOCIATION.

       Section 439 of the Higher Education Act of 1965 (20 U.S.C. 
     1087-2) is amended--
       (1) in subparagraph (C) of subsection (d)(1)--
       (A) in the matter preceding clause (i), by inserting 
     ``(including related equipment, instrumentation, and 
     furnishings)'' after ``materials'';
       (B) in clause (ii), by striking the semicolon and inserting 
     ``, athletic facilities, dining halls, and student unions; 
     and'';
       (C) in clause (iii), by striking ``and'' after the 
     semicolon;
       (D) in the matter following clause (iv)--
       (i) by striking ``15 percent'' and inserting ``30 
     percent''; and
       (ii) by striking ``type'' and inserting ``types''; and
       (E) by striking clause (iv); and
       (2) in subsection (n), by striking ``a report of its 
     operations and activities during each year'' and inserting 
     ``a report of the Association's operations and activities, 
     including a report with respect to all facilities 
     transactions, during each year''.

     SEC. ____. CLOCK AND CREDIT HOUR TREATMENT OF DIPLOMA NURSING 
                   SCHOOLS.

       (a) Amendment.--Part G of title IV of the Higher Education 
     Act of 1965 (20 U.S.C. 1088 et seq.) is amended by inserting 
     after section 481 the following new section:

     ``SEC. 481A. CLOCK AND CREDIT HOUR TREATMENT OF DIPLOMA 
                   NURSING SCHOOLS.

       ``Notwithstanding any other provision of this Act, any 
     regulations promulgated by the Secretary concerning the 
     relationship between clock hours and semester, trimester, or 
     quarter hours in calculating student grant, loan, or work 
     assistance under this title, shall not apply to a public or 
     private nonprofit hospital-based school of nursing that 
     awards a diploma at the completion of the school's program of 
     education.''.
       (b) Effective Date.--Subsection (a) and the amendment made 
     by subsection (a) shall take effect on July 1, 1994.

     SEC. ____. ELIGIBILITY FOR STUDENTS FROM PALAU.

       Subsection (j) of section 484 of the Higher Education Act 
     of 1965 (20 U.S.C. 1091(j)) is amended to read as follows:
       ``(j) Assistance Under Subparts 1, 2, 3, 4, and 6 of Part A 
     and Part C.--Notwithstanding any other provision of law, a 
     student shall be eligible, if otherwise qualified, for 
     assistance under subparts 1, 2, 3, 4, and 6 of part A, and 
     part C, of this title, if the student--
       ``(1) is a citizen of the Federated States of Micronesia, 
     the Republic of the Marshall Islands, or the Republic of 
     Palau, and attends an institution of higher education in a 
     State or a public or nonprofit private institution of higher 
     education in the Federated States of Micronesia, the Republic 
     of the Marshall Islands, or the Republic of Palau; or
       ``(2) meets the requirements of subsection (a)(5) and 
     attends a public or nonprofit private institution of higher 
     education in the Federated States of Micronesia, the Republic 
     of the Marshall Islands, or the Republic of Palau.''.

     SEC. ____. FEDERAL INSURANCE FOR BONDS.

       Subsection (b) of section 723 of the Higher Education Act 
     of 1965 (20 U.S.C. 1132-c(b)) is amended--
       (1) in paragraph (8)--
       (A) in clause (i), by striking ``and'' after the semicolon;
       (B) by amending clause (ii) to read as follows:
       ``(ii) shall be maintained in an amount not less than 10 
     percent of the outstanding principal of all loans under this 
     part, with each eligible institution required to maintain in 
     the escrow account an amount equal to 10 percent of the 
     outstanding principal of all loans made to such institution 
     under this part; and''; and
       (C) by adding at the end the following new clause:
       ``(iii) shall be used to return to an eligible institution 
     an amount equal to any remaining portion of such 
     institution's 10 percent deposit of loan proceeds following 
     scheduled repayment of such institution's loan;''; and
       (2) in paragraph (11), by striking ``regulations'' and 
     inserting ``conditions''.

     SEC. ____. DEFINITION OF ECONOMIC HARDSHIP.

       Paragraph (1) of section 435(o) of the Higher Education Act 
     of 1965 (20 U.S.C. 1085(o)(1)) is amended--
       (1) in clause (ii) of subparagraph (A), by striking ``or'' 
     after the semicolon;
       (2) by redesignating subparagraph (B) as subparagraph (C);
       (3) by inserting after subparagraph (A) the following new 
     subparagraph:
       ``(B) such borrower does not have disposable income that is 
     more than four times the amount specified in subparagraph (A) 
     for a borrower who is working full-time and such borrower's 
     Federal educational debt burden equals or exceeds 20 percent 
     of such borrower's disposable income; or''; and
       (4) in paragraph (2), by striking ``(1)(B)'' and inserting 
     ``(1)(C)''.

     SEC. ____. AUTHORITY TO AWARD NEED-BASED AID.

       Section 1544 of the Higher Education Amendments of 1992 (20 
     U.S.C. 1088, note) is amended to read as follows:

     ``SEC. 1544. AUTHORITY TO AWARD NEED-BASED AID.

       ``(a) Effect on Pending Cases Prohibited.--Nothing in this 
     section shall in any way be construed to affect any antitrust 
     litigation pending on the date of enactment of this Act.
       ``(b) In General.--Except as provided in subsection (c), an 
     institution of higher education that practice need-blind 
     admissions may--
       ``(1) voluntarily agree with any other institution or 
     institutions of higher education to award financial aid not 
     awarded under the Higher Education Act of 1965 to students 
     attending those institutions only on the basis of 
     demonstrated financial need for such aid;
       ``(2) jointly discuss and voluntarily agree upon principles 
     of need analysis for determining student financial need for 
     aid not awarded under the Higher Education Act of 1965, 
     provided that individual financial aid officers may exercise 
     professional judgment with regard to individual applicants 
     for financial aid;
       ``(3) use common aid application forms for aid not awarded 
     under the Higher Education Act of 1965, provided that each 
     such institution of higher education shall be free to request 
     and use additional or different data from such institution's 
     applicants; and
       ``(4) exchange through an independent third-party data on 
     commonly admitted applicants regarding family and student 
     assets, income, allowances against assets and income, number 
     of family members, and the number of siblings in college, 
     provided that each participating institution may retrieve 
     such data only once for each commonly admitted applicant.
       ``(c) Exception.--Institutions of higher education shall 
     not discuss or agree with each other on the prospective 
     financial aid award to a specific applicant for financial 
     aid.
       ``(d) Relationship to Higher Education Act.--Nothing in 
     this section shall be construed to affect the rights or 
     obligations of an institution of higher education under 
     sections 479A and 483.
       ``(e) Related Matter.--No inference of unlawful conduct, 
     combination or conspiracy shall be drawn from the fact that 
     an institution of higher education engages in conduct 
     authorized by this section.
       ``(f) Definition.--For the purpose of this section the term 
     `institution of higher education that practices need-blind 
     admissions' means an institution of higher education that 
     admits as full-time students all United States citizens or 
     aliens lawfully admitted for permanent residence (within the 
     meaning of section 101(a)(20) of the Immigration and 
     Nationality Act) to the undergraduate programs of such 
     institution without regard to family financial circumstances, 
     other than such citizens or aliens admitted from a waiting 
     list.
       ``(g) Sunset Provision.--This section shall expire on 
     September 30, 1999.

     SEC. ____. DEFERMENT ELIGIBILITY.

       Subsection (f) of section 455 of the Higher Education Act 
     of 1965 (20 U.S.C. 1087e(f)) is amended by adding at the end 
     the following new paragraphs:
       ``(2) Definition of borrower.--For the purpose of this 
     paragraph, the term ``borrower'' means an individual who is a 
     new borrower on the date such individual applies for a loan 
     under this part for which the first disbursement is made on 
     or after July 1, 1993.
       ``(3) Deferments for previous part b loan borrowers.--A 
     borrower of a loan made under this part, who at the time such 
     individual applies for such loan, has an outstanding balance 
     of principal or interest owing on any loan made, insured, or 
     guaranteed under part B of Title IV of the Act prior to July 
     1, 1993, shall be eligible for a deferment under section 
     427(a)(2)(C) or section 428(b)(1)(M) as such sections were in 
     effect on July 22, 1992.''.
       At the end of the bill, insert the following new title:
                     TITLE ____--1994 INSTITUTIONS

     SEC. ____01. SHORT TITLE.

       This title may be cited as the ``Equity in Educational 
     Land-Grant Status Act of 1994''.

     SEC. ____02. DEFINITION.

       As used in this title, the term ``1994 Institutions'' means 
     any one of the following colleges:
       (1) Bay Mills Community College.
       (2) Blackfeet Community College.
       (3) Cheyenne River Community College.
       (4) D-Q University.
       (5) Dullknife Memorial College.
       (6) Fond Du Lac Community College.
       (7) Fort Belknap Community College.
       (8) Fort Berthold Community College.
       (9) Fort Peck Community College.
       (10) LacCourte Orielles Ojibwa Community College.
       (11) Little Big Horn Community College.
       (12) Little Hoop Community College.
       (13) Nebraska Indian Community College.
       (14) Northwest Indian College.
       (15) Oglala Lakota College.
       (16) Salish Kootenai College.
       (17) Sinte Gleska University.
       (18) Sisseton Wahpeton Community College.
       (19) Standing Rock College.
       (20) Stonechild Community College.
       (21) Turtle Mountain Community College.
       (22) Navajo Community College.
       (23) United Tribes Technical College.
       (24) Southwest Indian Polytechnic Institute.
       (25) Institute of American Indian and Alaska Native Culture 
     and Arts Development.
       (26) Crownpoint Institute of Technology.
       (27) Haskell Indian Junior College.
       (28) Leech Lake Tribal College.
       (29) College of the Menominee Nation.

     SEC. ____03. LAND-GRANT STATUS FOR 1994 INSTITUTIONS.

       (a) In General.--
       (1) Status of 1994 institutions.--Except as provided in 
     paragraph (2), 1994 Institutions shall be considered land-
     grant colleges established for the benefit of agriculture and 
     the mechanic arts in accordance with the provisions of the 
     Act of July 2, 1862 (12 Stat. 503; 7 U.S.C. 301 et seq.).
       (2) 1994 institutions.--(A) 1994 Institutions shall not be 
     considered as land-grant colleges that are eligible to 
     receive funding under--
       (i) the Act of March 2, 1887 (24 Stat. 440, chapter 314; 7 
     U.S.C. 361a et seq.);
       (ii) the Act of May 8, 1914 (38 Stat. 373, chapter 79; 7 
     U.S.C. 343), except as provided under section 3(b)(3) of such 
     Act (as added by section ____04(b)(1) of this title); or
       (iii) the Act of August 3, 1890 (26 Stat. 417, chapter 841; 
     7 U.S.C. 322 et seq.).
       (B) In lieu of receiving donations under the provisions of 
     the Act of July 2, 1862, relating to the donations of public 
     land or scrip for the endowment and maintenance of colleges 
     for the benefit of agriculture and the mechanic arts, 1994 
     Institutions shall receive funding pursuant to the 
     authorization under subsection (b).
       (b) Authorization of Appropriations.--For each of fiscal 
     years 1996 through 2000, there are authorized to be 
     appropriated $4,600,000. Amounts appropriated pursuant to 
     this section shall be held and considered to have been 
     granted to 1994 Institutions to establish an endowment 
     pursuant to subsection (c).
       (c) Endowment.--
       (1) In general.--In accordance with this subsection, the 
     Secretary of the Treasury shall establish a 1994 Institutions 
     Endowment Fund (referred to in this subsection as the 
     ``endowment fund''). The Secretary may enter into such 
     agreements as are necessary to carry out this subsection.
       (2) Deposit to the endowment fund.--The Secretary shall 
     deposit in the endowment fund any--
       (A) amounts made available by appropriations pursuant to 
     subsection (b) (referred to in this subsection as the 
     ``endowment fund corpus''); and
       (B) interest earned on the endowment fund corpus.
       (3) Investments.--The Secretary shall invest the endowment 
     fund corpus and income in interest-bearing obligations of the 
     United States.
       (4) Withdrawals and expenditures.--The Secretary may not 
     make a withdrawal or expenditure from the endowment fund 
     corpus. On the termination of each fiscal year, the Secretary 
     shall withdraw the amount of income from the endowment fund 
     for the fiscal year, and after making adjustments for the 
     cost of administering the endowment fund, distribute the 
     adjusted income as follows:
       (A) 60 percent of the adjusted income shall be distributed 
     among the 1994 Institutions on a pro rata basis. The 
     proportionate share of the adjusted income received by a 1994 
     Institution under this subparagraph shall be based on the 
     Indian student count (as defined in section 390(3) of the 
     Carl D. Perkins Vocational Education Act (20 U.S.C. 2397h(3)) 
     for each Institution for the fiscal year.
       (B) 40 percent of the adjusted income shall be distributed 
     in equal shares to the 1994 Institutions.

     SEC. ____04. APPROPRIATIONS.

       (a) Authorization of Appropriations.--
       (1) In general.--For fiscal year 1996, and for each fiscal 
     year thereafter, there are authorized to be appropriated to 
     the Department of the Treasury an amount equal to--
       (A) $50,000; multiplied by
       (B) the number of 1994 Institutions.
       (2) Payments.--For each fiscal year, the Secretary of the 
     Treasury shall pay to the treasurer of each 1994 Institution 
     an amount equal to--
       (A) the total amount made available by appropriations 
     pursuant to paragraph (1); divided by
       (B) the number of 1994 Institutions.
       (3) Use of funds; requirements.--The amounts authorized to 
     be appropriated under this subsection shall be used in the 
     same manner as is prescribed for colleges under the Act of 
     August 30, 1890 (26 Stat. 417, chapter 841; 7 U.S.C. 322 et 
     seq.), and, except as otherwise provided in this subsection, 
     the requirements of such Act shall apply to 1994 
     Institutions.
       (b) Funding.--Section 3 of the Act of May 8, 1914 (38 Stat. 
     373, chapter 79; 7 U.S.C. 343) is amended--
       (1) in subsection (b), by adding at the end the following 
     new paragraph:
       ``(3) There are authorized to be appropriated for the 
     fiscal year ending June 30, 1996, and for each fiscal year 
     thereafter, for payment on behalf of the 1994 Institutions 
     (as defined in section ____02 of the Equity in Educational 
     Land-Grant Status Act of 1994), $5,000,000 for the purposes 
     set forth in section 2. Such sums shall be in addition to the 
     sums appropriated for the several States and Puerto Rico, the 
     Virgin Islands, and Guam under the provisions of this 
     section. Such sums shall be distributed on the basis of a 
     competitive application process to be developed and 
     implemented by the Secretary and paid by the Secretary to 
     State institutions established in accordance with the 
     provisions of the Act of July 2, 1862 (12 Stat. 503, chapter 
     130; 7 U.S.C. 301 et seq.) (other than 1994 Institutions) and 
     administered by such institutions through cooperative 
     agreements with 1994 Institutions in the States of the 1994 
     Institutions in accordance with regulations that the 
     Secretary shall adopt.'';
       (2) by redesignating subsection (f) as subsection (g); and
       (3) by inserting after subsection (e) the following new 
     subsection:
       ``(f) There shall be no matching requirement for funds made 
     available pursuant to subsection (b)(3).''.

     SEC. ____05. INSTITUTIONAL CAPACITY BUILDING GRANTS.

       (a) Definitions.--As used in this section:
       (1) Federal share.--The term ``Federal share'' means, with 
     respect to a grant awarded under subsection (b), the share of 
     the grant that is provided from Federal funds.
       (2) Non-federal share.--The term ``non-Federal share'' 
     means, with respect to a grant awarded under subsection (b), 
     the matching funds paid with funds other than funds referred 
     to in paragraph (1), as determined by the Secretary.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (b) In General.--
       (1) Institutional capacity building grants.--For each of 
     fiscal years 1996 through 2000, the Secretary shall make two 
     or more institutional capacity building grants to assist 1994 
     Institutions with constructing, acquiring, and remodeling 
     buildings, laboratories, and other capital facilities 
     (including fixtures and equipment) necessary to conduct 
     research more effectively in agriculture and sciences.
       (2) Requirements for grants.--The Secretary shall make 
     grants under this section--
       (A) on the basis of a competitive application process under 
     which appropriate officials of 1994 Institutions may submit 
     applications to the Secretary in such form and manner as the 
     Secretary may prescribe; and
       (B) in such manner as to ensure geographic diversity with 
     respect to the 1994 Institutions that are the subject of the 
     grants.
       (3) Demonstration of need.--The Secretary shall require, as 
     part of an application for a grant under this subsection, a 
     demonstration of need. The Secretary may only award a grant 
     under this subsection to an applicant that demonstrates a 
     failure to obtain funding for a project after making a 
     reasonable effort to otherwise obtain the funding.
       (4) Payment of non-federal share.--A grant awarded under 
     this subsection shall be made on the condition that the 
     recipient of the grant pay a non-Federal share in an amount 
     specified by the Secretary.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Department of Agriculture to carry 
     out this section, $1,700,000 for each of fiscal years 1996 
     through 2000.
       At the end of Title IV, insert the following:


  ``rate of pay for the deputy director of the national institute on 
                disability and rehabilitation research''

       ``Sec.   . Notwithstanding section 202(c)(2) of the 
     Rehabilitation Act of 1973 (29 U.S.C. 761a(c)(2)), the 
     Secretary of Education is authorized to compensate anyone 
     appointed during calendar year 1994 to be the Deputy Director 
     of the National Institute on Disability and Rehabilitation 
     Research at the rate of pay for level 5 of the Senior 
     Executive Service Schedule.''
       Amendment No. 2421 is modified as follows:
       (T) demonstrations that are designed to test whether 
     prenatal education and counseling provided to pregnant 
     students could have a positive effect on pregnancy outcomes, 
     with such education and counseling emphasizing the importance 
     of prenatal care; the value of sound diet and nutrition 
     habits; and the harmful effects of smoking, alcohol and 
     substance abuse on fetal development.
       At the appropriate place, insert the following new section:

     SEC. ____. FAMILY SUPPORT CENTER PROGRAM.

       (a) Administrative Provisions.--Section 772(f) of the 
     Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 
     11482(f)) is amended--
       (1) in paragraph (1), to read as follows:
       ``(1) Administrative costs.--Two percent of the amounts 
     appropriated under this title may be used by the Secretary to 
     administer the programs established under this title and 
     three percent of the amounts appropriated under this title 
     may be used by the Secretary to evaluate such program and to 
     provide technical assistance to entities for the development 
     and submission of applications for grants under this 
     section.'';
       (2) in paragraph (3), by striking ``2 years'' and inserting 
     ``3 years''; and
       (3) by adding at the end thereof the following new 
     paragraph:
       ``(4) Minimum amount.--No grant made under subsection (a) 
     may be less than $200,000 per year.''.
       (b) Report.--Section 777 of such Act (42 U.S.C. 11487) is 
     amended by striking ``1992'' and inserting ``1995''.
       (c) Authorization for Appropriations.--Section 779 of such 
     Act (42 U.S.C. 11489) is amended by striking ``for fiscal 
     year 1993'' and inserting ``for each of the fiscal years 1993 
     through 1998''.
       (d) Technical Amendment.--Section 774(a) of such Act (42 
     U.S.C. 11484(a)) is amended by striking ``subsection (e)'' 
     and inserting ``subsection (d)''.
       At the end of part D of title III, insert the following:

     SEC. ____. THE NATIONAL FOUNDATION ON THE ARTS AND THE 
                   HUMANITIES ACT OF 1965.

       Subsection (c) of section 11 of the National Foundation on 
     the Arts and the Humanities Act of 1965 (20 U.S.C. 960(c)) is 
     amended--
       (1) in the second sentence of paragraph (1)--
       (A) by striking ``any fiscal year'' and inserting ``fiscal 
     year 1995''; and
       (B) by striking ``$50,000'' and inserting ``$100,000''; and
       (2) in the second sentence of paragraph (2)--
       (A) by striking ``any fiscal year'' and inserting ``fiscal 
     year 1995''; and
       (B) by striking ``$50,000'' and inserting ``$100,000''.
       On page 1358, between lines 9 and 10, insert the following:

     SEC. 402. CRIMINAL HISTORY INVESTIGATIONS OF SCHOOL BUS 
                   DRIVERS.

       (a) Requirement for Investigations.--(1) Notwithstanding 
     any other provision of law, a local educational agency may 
     not employ a person as a driver of a school bus of or on 
     behalf of the agency until the agency conducts a background 
     check under procedures that meet the guidelines set forth in 
     section 3(b) of the National Child Protection Act of 1993 
     (Public Law 103-209; 107 Stat. 2491; 42 U.S.C. 5119a(b)).
       (2) Subject to paragraph (3), the prohibition set forth in 
     paragraph (1) shall take effect on the date of the enactment 
     of this Act.
       (b) Interim Requirement.--Prior to the establishment of the 
     procedures referred to in subsection (a)(1), or a State's 
     participation in the procedures referred to in subsection 
     (a)(1), local educational agencies shall conduct a 
     fingerprint based check through the criminal history files 
     maintained by the Criminal Justice Information Services 
     Division of the Federal Bureau of Investigation.
       (c) Definition.--In this section, the term ``local 
     educational agency'' has the meaning given such term in 
     section 10101 of the Elementary and Secondary Education Act 
     of 1965, as amended by title I of this Act.
       ``S. 1513 as reported is amended as follows--
       Section 1602(a)(1) is amended by striking ``and'' at the 
     end of line 19, by adding ``and'' to the end of line 23, and 
     by adding the following new paragraph (G)--
       ``(G) programs that are built upon partnerships developed 
     between elementary and middle schools, employers, and the 
     community which emphasize the integration of high quality 
     academic and vocational learning, stress excellence and high 
     expectations for success in core academic subjects, instill 
     responsibility, decisionmaking, problem solving, 
     interpersonal skills, and other competencies in students, and 
     make school relevant to the workplace and the community, 
     through applied and interactive teaching methodologies, team 
     teaching strategies, learning opportunities connecting 
     school, the workplace, and the community, and career 
     exploration, awareness, and career guidance opportunities.''
       Page 1038, line 18, strike ``(A) The amount'' and insert 
     ``(A)(i) The amount''.
       Page 1038, after line 25, insert the following new clause:
       ``(ii) For purposes of clause (i), the amount of revenue 
     that a local educational agency receives during the previous 
     fiscal year from activities conducted on Federal property 
     shall not include payments received by the agency from the 
     Secretary of Defense to support--
       ``(I) the operation of a domestic dependent elementary or 
     secondary school; or
       ``(II) the provision of a free public education to 
     dependents of members of the Armed Forces residing on or near 
     a military installation.
       On page 650, between lines 3 and 4, insert the following:

        ``PART H--EDUCATIONAL OPPORTUNITY DEMONSTRATION PROGRAM

     ``SEC. 1801. FINDINGS AND PURPOSES.

       ``(a) Findings.--The Congress finds that--
       ``(1) while low-income students have made significant gains 
     with respect to educational achievement and attainment, 
     considerable gaps still persist for these students in 
     comparison to those from more affluent socio-economic 
     backgrounds;
       ``(2) our Nation has a compelling interest in assuring that 
     all children receive a high quality education;
       ``(3) new methods and experiments to revitalize educational 
     achievement and opportunities of low-income individuals must 
     be a part of any comprehensive solution to the problems in 
     our Nation's educational system;
       ``(4) preliminary research shows that same gender classes 
     and schools may produce promising academic and behavioral 
     improvements in both sexes for low-income, educationally 
     disadvantaged students;
       ``(5) extensive data on same gender classes and schools are 
     needed to determine whether same gender classes and schools 
     are closely tailored to achieving the compelling government 
     interest in assuring that all children are educated to the 
     best of their ability;
       ``(6) in recent years efforts to experiment with same 
     gender classes and schools have been inhibited by lawsuits 
     and threats of lawsuits by private groups as well as 
     governmental entities; and
       ``(7) there is a compelling government interest in granting 
     the Secretary authority to insulate a limited number of local 
     educational agencies and schools which are experimenting with 
     same gender classes for a limited period of time from certain 
     law suits under title IX of the Education Amendments of 1972, 
     section 204 of the Education Amendments of 1974, section 1979 
     of the Revised Statutes (42 U.S.C. 1983), or any other law 
     prohibiting discrimination on the basis of sex, in order to 
     collect data on the effectiveness of such classes in 
     educating children from low-income, educationally 
     disadvantaged backgrounds.
       ``(b) Purposes.--It is the purpose of this part--
       ``(1) to give the Secretary discretion to allow 
     experimentation with same gender classes for low-income, 
     educationally disadvantaged students;
       ``(2) to determine whether same gender classes make a 
     difference in the educational achievement and opportunities 
     of low-income, educationally disadvantaged individuals; and
       ``(3) to involve parents in the educational options and 
     choices of their children.

     ``SEC. 1802. DEFINITIONS.

       ``As used in this part--
       ``(1) the term `educational opportunity school' means a 
     public elementary, middle, or secondary school, or a 
     consortium of such schools all of which receive funds under 
     this title, that--
       ``(A) establishes a plan for voluntary, same gender classes 
     at one or more than one school in the community;
       ``(B) provides same gender classes for both boys and girls, 
     as well as a co-educational option for any parent that 
     chooses that option;
       ``(C) gives parents the option of choosing to send their 
     child to a same gender class or to a co-educational class;
       ``(D) admits students on the basis of a lottery, if more 
     students apply for admission to the same gender classes than 
     can be accommodated;
       ``(E) has a program in which a member of the community is 
     asked to volunteer such member's time in classes of children 
     of the same gender as the member; and
       ``(F) operates in pursuit of improving achievement among 
     all children based on a specific set of educational 
     objectives determined by the local educational agency 
     applying for a grant under this part, in conjunction with the 
     educational opportunity advisory board established under 
     section 1803(e) and agreed to by the Secretary; and
       ``(2) the term `educational opportunity advisory board' 
     means an advisory board established in accordance with 
     section 1803(e).

     ``SEC. 1803. PROGRAM AUTHORIZED.

       The Secretary may grant waivers to ten local education 
     agencies for the design and operation of one or more 
     educational opportunity schools.
       ``(a) Inapplicability.--Title IX of the Education 
     Amendments of 1972, section 204 of the Education Amendments 
     of 1974, section 1979 of the Revised Statutes (42 U.S.C. 
     1983), and any other law prohibiting discrimination on the 
     basis of sex, shall not apply to a local educational agency 
     or an educational opportunity school for a five year period 
     following the Secretary's grant of the waiver only to the 
     extent the Secretary determines necessary to ensure the 
     development and operation of same gender classes in 
     accordance with this part.
       ``(b) Educational Opportunity Advisory Board.--Each local 
     educational agency receiving a waiver under this part shall 
     establish an educational opportunity advisory board. Such 
     advisory board shall be composed of school administrators, 
     parents, teachers, local government officials and volunteers 
     involved with an educational opportunity school. Such 
     advisory board shall assist the local educational agency in 
     developing the application for assistance under section 1804 
     and serve as an advisory board in the functioning of the 
     educational opportunity school.

     ``SEC. 1804. APPLICATIONS.

       ``(a) Applications Required.--Each local educational agency 
     desiring a waiver under this part shall submit, within 180 
     days of the date of enactment of the Improving America's 
     Schools Act of 1994, an application to the Secretary at such 
     time, in such manner and accompanied by such information as 
     the Secretary may reasonably require.
       ``(b) Scope of Application.--Each application described in 
     subsection (a) may request a waiver for a single educational 
     opportunity school or for a consortium of such schools.
       ``(c) Application Contents.--Each application described in 
     subsection (a) shall include--
       ``(1) a description of the educational program to be 
     implemented by the proposed educational opportunity school, 
     including--
       ``(A) the grade levels or ages of children to be served; 
     and
       ``(B) the curriculum and instructional practices to be 
     used;
       ``(2) a description of the objectives of the local 
     educational agency and a description of how such agency 
     intends to monitor and study the progress of children 
     participating in the educational opportunity school;
       ``(3) a description of how the local educational agency 
     intends to include in the educational opportunity school 
     administrators, teaching personnel, and role models from the 
     private sector;
       ``(4) a description of how school administrators, parents, 
     teachers, local government and volunteers will be involved in 
     the design and implementation of the educational opportunity 
     school;
       ``(5) a description of how the local educational agency or 
     the State, as appropriate, will provide for continued 
     operation of the educational opportunity school once the 
     Federal waiver has expired, if such agency determines that 
     such school is successful;
       ``(6) a justification for the waiver or inapplicability of 
     any Federal statutory or regulatory requirements that the 
     local educational agency believes are necessary for the 
     successful operation of the educational opportunity school 
     and a description of any State or local statutory or 
     regulatory requirements, that will be waived for, or will not 
     apply to, the educational opportunity school, if necessary;
       ``(7) a description of how students in attendance at the 
     educational opportunity school, or in the community, will 
     be--
       ``(A) informed about such school; and
       ``(B) informed about the fact that admission to same gender 
     classes is completely voluntary;
       ``(8) an assurance that the local educational agency will 
     annually provide the Secretary such information as the 
     Secretary may require to determine if the educational 
     opportunity school is making satisfactory progress toward 
     achieving the objectives described in paragraph (2);
       ``(9) an assurance that the local educational agency will 
     cooperate with the Secretary in evaluating the program 
     authorized by this part;
       ``(10) assurances that resources shall be used equally for 
     same gender classes for boys and for girls;
       ``(11) assurances that the activities assisted under this 
     part will not have an adverse affect, on either sex, that is 
     caused by--
       ``(A) the distribution of teachers between same gender 
     classes for boys and for girls;
       ``(B) the quality of facilities for boys and for girls;
       ``(C) the nature of the curriculum for boys and for girls;
       ``(D) program activities for boys and for girls; and
       ``(E) instruction for boys and for girls; and
       Page 605, lines 3-4, strike ``a second subgrant period'' 
     and insert ``for additional subgrants, a subgrantee may 
     receive funds under this part for a period not to exceed 
     eight years.''
       Title X:
       Page 1128, line 13, strike ``and 2115''.
       On page 1133, line 13, insert ``, including interactive 
     forms of such products and services,'' after ``tapes,''.
       On page 8, line 16, of the committee modification, strike 
     ``640'' and insert ``650''.
       On page 1042, line 11 insert:
       (f) Special rule.
       Beginning with fiscal year 1994, and notwithstanding any 
     other provision of law limiting the period during which 
     fiscal year 1994 funds may be obligated, the Secretary of 
     Education shall treat the local educational agency serving 
     the Wheatland R-II School District, Wheatland, Missouri, as 
     meeting the eligibility requirements of section 2(a)(1)(C) of 
     the Act of September 30, 1950 (Public Law 874, 81st Congress) 
     (20 U.S.C. 237(a)(1)(C)) or section 9003(a)(1)(C) of the 
     Elementary and Secondary Education Act of 1965.
       On page 1073, line 8 insert:
       (d) Special rule.
       In carrying out section 14(c) of the Act of September 23, 
     1950 (Public Law 815, 81st Congress) (20 U.S.C. 644(c)) or 
     any successor authority, the Secretary of Education shall 
     waive any amount of local effort in excess of $200,000 that 
     would otherwise be required under paragraphs (3) and (4) of 
     such section, or any successor authority, respectively, and 
     any regulations issued thereunder, in awarding funds to the 
     Winona R-III School District, Missouri, with respect to its 
     application #MO-86-C-3601A36.

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