Congressional Record, Volume 143 Issue 128 (Tuesday, September 23, 1997)

[Congressional Record Volume 143, Number 128 (Tuesday, September 23, 1997)]
[Senate]
[Pages S9789-S9800]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

THE PROPERTY OWNERS ACCESS TO JUSTICE ACT OF 1997

Mr. COVERDELL. Mr. President, I am introducing today, with Senators
Landrieu and Dorgan, the Property Owners Access to Justice Act of 1997,
a bill to simplify access to the Federal courts for private property
owners whose rights may have been injured by government action. The
fifth amendment to the U.S. Constitution provides individuals with
protection from having their property taken by the Government. The
Constitution requires that when private property is taken for a public
purpose, the property owner must be compensated.
However, property owners seeking protection of their rights are
frequently frustrated by endless bureaucratic delay and countless
procedural hurdles that prevent them from having their day in court.
They are told they must resolve all of their State court remedies and
all of their administrative remedies before their case is ripe for a
hearing in Federal court.
Unfortunately, most property owners cannot afford the long and often
fruitless process of resolving all possible remedies before their case
is ripe. This process can mean years of court battles and tens of
thousands of dollars in legal fees just to win the right to have the
merits of the case heard in Federal court. The hurdles are so
oppressive that one study concluded less than 6 percent of takings
claims filed during the 1980's were ever deemed ripe for Federal court
adjudication.
This unfair result happens because the requirement to exhaust all
administrative remedies before getting their day in court subjects
property owners to endless rounds of appeals with the relevant agency.
However, property owners should be able to know with some degree of
certainty what rights they have in their own property. The Property
Owners Access to Justice Act says that property owners must try to
resolve their differences with the agency in question, but once the
agency has denied their appeal or waiver attempt, the property owner
has the right to go to court.
The property owner would still shoulder the burden of proof that he
or she has been injured and deserves compensation, but at least the
owner will be able to have the merits of the case heard. And there is
an end to the process, instead of leaving the property owner in the
regulatory limbo of appealing and appealing and appealing before
getting the right to seek relief in court.
To deal with the problem of resolving all State court remedies, this
bill essentially gives property owners a choice of how to assert their
property rights under the Constitution. If the property owner wants to
pursue action against a local or State agency that has infringed on his
or her rights, the property owner can sue in State or local court, as
he would now. Or, if the property owner wants to reject that route and
instead pursue only a fifth amendment takings claim, the case can be
heard in Federal court.
This will correct the current situation in which a property owner can
be bounced between State and Federal courts for years, with the merits
of their Federal claim never being heard.
The Property Owners Access to Justice Act of 1997 is strictly
procedural in nature. It does not change substantive law. It does not
define a taking or establish a trigger for when compensation is due. It
does not give property owners any special access to the Federal courts.
On the contrary, it allows property owners the same access to Federal
courts that other claimants currently have. Citizens alleging
violations of their first amendment rights or fourth amendment rights
are not told to resolve their administrative and State court remedies
first--they go to Federal court. Property owners deserve to be treated
the same as everyone else.
Mr. President, this bipartisan bill is simply an effort to provide
property owners with a less complicated way to have their day in court.
It gives them the access to justice and the chance to present the
merits of their case that all Americans expect as a matter of simple
fairness.
I urge my colleagues on both sides of the aisle to support the
Property Owners Access to Justice Act of 1997 and ask unanimous consent
that the full text of the bill be entered in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:

S. 1204

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Property Owners Access to
Justice Act of 1997''.

SEC. 2. JURISDICTION IN CIVIL RIGHTS CASES.

Section 1343 of title 28, United States Code, is amended by
adding at the end the following:
``(c) Whenever a district court exercises jurisdiction
under subsection (a), it shall not abstain from exercising or
relinquish its jurisdiction to a State court in an action
where no claim of a violation of a State law, right, or
privilege is alleged.
``(d) Where the district court has jurisdiction over an
action under subsection (a) that cannot be decided without
resolution of a significant but unsettled question of State
law, the district court may certify the question of State law
to the highest appellate court of that State. After the State
appellate court resolves the question certified to it, the
district court shall proceed with resolving the merits. The
district court shall not certify a question of State law
under this subsection unless the question of State law--
``(1) will significantly affect the merits of the injured
party's Federal claim; and
``(2) is so unclear and obviously susceptible to a limiting
construction as to render premature a decision on the merits
of the constitutional or legal issue in the case.
``(e)(1) Any claim or action brought under section 1979 of
the Revised Statutes of the United States (42 U.S.C. 1983) to
redress the deprivation of a property right or privilege
secured by the Constitution shall be ripe for adjudication by
the district courts upon a final decision rendered by any
person acting under color of any statute, ordinance,
regulation, custom, or usage, of any State or territory of
the United States, that causes actual and concrete injury to
the party seeking redress.
``(2) For purposes of this subsection, a final decision
exists if--
``(A) any person acting under color of any statute,
ordinance, regulation, custom, or usage, of any State or
territory of the United States, makes a definitive decision
regarding the extent of permissible uses on the property that
has been allegedly infringed or taken, without regard to any
uses that may be permitted elsewhere; and
``(B) the applicable statute, ordinance, regulation,
custom, or usage provides for a right of appeal or waiver
from such decision, and the party seeking redress has applied
for, but has been denied, one such appeal or waiver.

The party seeking redress shall not be required to apply for
an appeal or waiver described in subparagraph (B) if the
prospects of success are reasonably unlikely and intervention
by the district court is warranted to decide the merits.
``(3) For purposes of this subsection, a final decision
shall not require the party seeking redress to exhaust
judicial remedies provided by any State or territory of the
United States.''.

SEC. 3. UNITED STATES AS DEFENDANT.

Section 1346 of title 28, United States Code, is amended by
adding at the end the following:
``(h)(1) Any claim brought under subsection (a) that is
founded upon a property right or privilege secured by the
Constitution, but was allegedly infringed or taken by the
United States, shall be ripe for adjudication upon a final
decision rendered by the United States, that causes actual
and concrete injury to the party seeking redress.
``(2) For purposes of this subsection, a final decision
exists if--
``(A) the United States makes a definitive decision
regarding the extent of permissible uses on the property that
has been allegedly infringed or taken, without regard to any
uses that may be permitted elsewhere; and
``(B) an applicable law of the United States provides for a
right of appeal or waiver from

[[Page S9790]]

such decision, and the party seeking redress has applied for,
but has been denied, one such appeal or waiver.

The party seeking redress shall not be required to apply for
an appeal or waiver described in subparagraph (B), if the
prospects of success are reasonably unlikely and intervention
by the district court or the United States Court of Federal
Claims is warranted to decide the merits.''.

SEC. 4. JURISDICTION OF COURT OF FEDERAL CLAIMS.

Section 1491(a) of title 28, United States Code, is amended
by adding at the end the following:
``(3) Any claim brought under this subsection founded upon
a property right or privilege secured by the Constitution,
but allegedly infringed or taken by the United States, shall
be ripe for adjudication upon a final decision rendered by
the United States, that causes actual and concrete injury to
the party seeking redress. For purposes of this paragraph, a
final decision exists if--
``(A) the United States makes a definitive decision
regarding the extent of permissible uses on the property that
has been allegedly infringed or taken, without regard to any
uses that may be permitted elsewhere; and
``(B) an applicable law of the United States provides for a
right of appeal or waiver from such final decision, and the
party seeking redress has applied for, but has been denied,
one such appeal or waiver.

SEC. 5. EFFECTIVE DATE.

The amendments made by this Act shall apply to actions
commenced on or after the date of the enactment of this Act.

Ms. LANDRIEU. Mr. President, I am proud to join my colleague from
Georgia, Senator Coverdell, in introducing the Property Owners Access
to Justice Act of 1997.
Mr. President, in my view, this bill is particularly aptly named.
Justice and fairness are what this bill is all about. Unlike other
countries, when this Nation was created, we did so with a contract
between the people and the Government. It is not very long, but the
freedoms it guarantees are quite profound. Among its provisions is a
simple promise from the Government to the people. Private property
shall not be taken for public use without just compensation. These very
few words included in our Constitution provide one of the strongest
defenses we have against arbitrary government. The certainty that our
property cannot be expropriated by government without our being
compensated, provides the essential infrastructure for America's great
economic strength. We could never be the world's largest market without
such an assurance.
However, for often well-intentioned reasons, all levels of government
have made claims on private property which conflict with the
protections of the fifth amendment. Whether through zoning,
environmental protections, or claims of eminent domain, people have
found their property rights under increasing assault. Unfortunately,
not only are their rights under assault, but then they have inadequate
protection in our legal system.
We should not be confused as to whom this bill helps. Large
corporations and wealthy landowners and developers do not need our help
in Congress. They can hire a legion of lawyers and lobbyists to take up
their case at city hall, at the statehouse, or even here in Washington.
Whether this bill passes or not, their interests will be protected. The
people we help with this bill are the small landowners and family
farmers who lack the means to expedite the administrative process. It
will help first-time home buyers in my State, who are trying to build
their first home but have to put their plans on hold because they run
into administrative deadlocks.
Our bill will help these people and countless others in two ways.
First, it will clarify when a person has exhausted their administrative
remedies. Right now, property owners spend countless hours and great
expense in fruitless litigation over this subject. Legislation to end
this unproductive debate should be welcomed by all parties.
Second, the bill would allow property owners to choose between
bringing their claim for relief before Federal or State courts. As it
stands, we all possess a fifth amendment right which we have no
practical way of enforcing. The Supreme Court has interpreted the fifth
amendment as applying to the States under the due process clause of the
fourteenth amendment. However, the Federal courts have left it to State
courts to adjudicate fifth amendment claims in this area. Only if
issues of State law are resolved in the case, may plaintiffs have their
constitutional claim heard in Federal court. Working people simply
cannot afford a process that would require them to go all the way
through the State court system and then into the federal courts to
enforce their constitutional rights.
Mr. President, it is my hope that our colleagues will join this
bipartisan effort and take a concrete step to provide real relief to
middle class people. We will all benefit by a judicial process that is
more equitable and transparent.
______

By Mrs. MURRAY:
S. 1205. A bill to amend the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 to clarify that records of arrival or
departure are not required to be collected for purposes of the
automated entry-exit control system developed under section 110 of such
act for Canadians who are not otherwise required to possess a visa,
passport, or border crossing identification card; to the Committee on
the Judiciary.

THE ILLEGAL IMMIGRATION ACT CANADIAN EXEMPTION ACT OF 1997

Mrs. MURRAY. Mr. President, today I am introducing legislation to
amend a controversial provision in last year's illegal immigration
legislation that threatens to stifle legal travel and commerce between
the United States and Canada.
Section 110 of the 1996 Immigration Reform Act requires the
Immigration and Naturalization Service to develop an automated entry
and exit system for the purpose of documenting the entry and departure
of every alien entering and leaving the United States. The legislation
I am introducing today, will amend the illegal immigration legislation
to clarify that records of entry and departure are not required for
Canadians. This is consistent with long-standing U.S. policy toward
Canadian citizens traveling to the United States.
My constituents are extremely concerned about the onerous
implications of section 110. As a frequent visitor to Bellingham and
Whatcom County, I hear again and again from the local community about
the importance of unimpeded travel between the United States and
Canada. I've visited the border crossings at Blaine, WA. At certain
times, travel between the United States and Canada is already subject
to lengthy delays and traffic back-ups that sometimes exceed 1 mile in
length. Section 110 will further complicate border crossings if it is
ever instituted on our northern border.
I have been a long proponent of strengthening and promoting the
partnership between Washington State and British Columbia, Canada.
British Columbia is a billion dollar neighbor for my State, generating
jobs and economic activity important to all of Washington. Canadian
tourism and commerce is particularly important to Bellingham and
northwest Washington where border trade thrives to the benefit of both
Americans and Canadians.
This legislative initiative follows up on a late 1996 letter I sent
to Attorney General Janet Reno inquiring about section 110. The letter
expressed my strong opposition to a border fee or other interpretation
of section 110 which would inhibit legal tourism and trade between the
United States and Canada. I continue to vigorously oppose nuisance
measures that will unduly delay legal border crossings. A border tax is
the most obvious nuisance measure, however, section 110 if fully
implemented will have a potentially disastrous impact on communities in
my state.
I do not expect section 110 to ever be applied to Canadians. To do
so, would be a phenomenal waste of limited resources. We can't neglect
our northern Border, but we can certainly be a lot smarter. Exempting
Canadians from section 110 is the smart thing, the right thing to do.
I encourage my colleagues to review this important legislation and to
join me in supporting the passage of this legislative exemption at the
earliest opportunity.
______

By Ms. SNOWE (for herself, Mr. Jeffords, Ms. Mikulski, Mr.
Allard, Mr. Harkin, and Mr. Grassley):

[[Page S9791]]

S. 1206. A bill to provide for an enumeration of family caregivers as
part of the 2000 decennial census of population; to the Committee on
Governmental Affairs.

THE FAMILY CAREGIVERS ACT OF 1997

Ms. SNOWE. Mr. President, I rise today to introduce legislation to
highlight the millions of family caregivers across this country, by
calling on the Census Bureau to count family caregivers in the Census
2000. This bill is a companion to House legislation introduced by
Representative Canady. I would like to thank Senators Jeffords,
Mikulski, Allard, Harkin, and Grassley for joining me in support of
family caregivers by cosponsoring this bill.
As the population of this country ages, more and more Americans have
and will assume the role of family caregivers--people who provide
noncompensated care for an elderly or disabled family member in their
own home. Today, nearly 80 percent of elderly people needing long-term
care services are estimated to reside outside the nursing home setting,
and many nonelderly people are cared for by a family member as well. In
fact, family caregivers provide two-thirds of all home care services in
this country.
The decision to care for a loved one who is ill or incapacitated on a
full-time basis requires significant personal sacrifice on the
caregiver's part. Yet the compassionate services provided by family
caregivers to those who are unable to care for themselves is
invaluable. Without the contributions of caregivers, immense pressure
would be brought to bear on our nursing home and health care systems.
Unfortunately, caregivers and their contributions to the Nation's
public health system have historically gone unrecognized.
While the issue of family caregivers has obvious policy implications,
adequate statistical and survey information is not available to help
policymakers address issues concerning these individuals. That is why I
am introducing legislation to request that family caregivers be counted
by the Census Bureau in the Census 2000. By counting caregivers in the
census, we will be able to collect more information about this rapidly-
growing group and form policy solutions that will take into account
their special needs.
In her book, ``Helping Yourself Help Others,'' former First Lady
Rosalynn Carter reminds us that there are only four kinds of people in
the world: those who have been caregivers, those who are caregivers,
those who will be caregivers, and those who will need caregivers. I
urge my colleagues to support this important legislation and to draw
attention to the needs of family caregivers.
______

By Mrs. BOXER (for herself, Mr. Bingaman, Mrs. Feinstein, Mr.
Daschle, Mr. Dorgan, Mr. Harkin, Mr. Wellstone, Mr. Conrad, Ms.
Landrieu, Mr. Reed, and Mrs. Murray):
S. 1207. A bill to authorize the President to award a Congressional
Gold Medal to the family of the late Raul Julia, and for other
purposes; to the Committee on Banking, Housing, and Urban Affairs.

congressional gold medal legislation

Mrs. BOXER. Mr. President, I rise today to introduce legislation
authorizing the President of the United States to award a Congressional
Gold Medal in honor of the late Raul Julia, a remarkable person who
touched the lives of millions.
Raul Julia is known to most people as a talented actor who performed
in movies and on stage. He excelled in such films as ``The Kiss of the
Spider Woman,'' ``Presumed Innocent,'' and ``The Eyes of Laura Mars.''
In his greater love, the theater, he starred in several productions,
including the New York Shakespeare Festival's ``Macbeth,'' ``Othello,''
and ``The Taming of the Shrew.'' His brilliant career earned him four
Tony Award nominations and a countless number of accolades.
However, Raul Julia was more than just a remarkable actor and
entertainer--through his work, he was able to conquer stereotypes
unfairly attached to Latin actors and performers. It is clear that the
Latino community still suffers discrimination in the entertainment
field. Too many times, we see Latinos cast as gang members, drug
dealers, and other negative characters.
With his dignified presence and undeniable talent, Raul Julia was
able to overcome these stereotypes. He became a role model for Latinos
trying to break into the entertainment industry, and today is still an
inspiration to Latino and non-Latino alike.
Raul Julia was also a dedicated activist and humanitarian. He was
especially concerned with worldwide hunger, in part because of his
upbringing in Puerto Rico. In honor of his lifetime of unselfish
giving, this legislation will divide profits from the sale of duplicate
medals equally between the Raul Julia Hunger Fund and the National
Hispanic Foundation for the Arts.
A Congressional Gold Modal is a fitting tribute to the life and work
of Raul Julia. I urge my colleagues to support this bill.
I ask unanimous consent that the full text of the bill be printed at
this point in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:

S. 1207

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. FINDINGS.

The Congress finds that--
(1) Raul Julia was an accomplished, talented performer,
entertaining millions through his work in film and theater;
(2) Raul Julia was a leader in the entertainment industry,
particularly as a tireless mentor and role model to emerging
Latino actors;
(3) a dedicated activist and humanitarian, Raul Julia was a
major supporter and spokesperson for the Hunger Fund, a
nonprofit organization committed to the eradication of world
hunger; and
(4) Raul Julia received the Hispanic Heritage Award
recognizing his many career achievements for the Latino
community, including his involvement in ``La Familia'', a New
York City outreach program for Latino families in need, the
Puerto Rican traveling theater, the Museo del Barrio, and the
New York Shakespeare Festival.

SEC. 2. CONGRESSIONAL GOLD MEDAL.

(a) Presentation Authorized.--The President is authorized
to present, on behalf of the Congress, to the family of the
late Raul Julia a gold medal of appropriate design, in
recognition of his dedication to ending world hunger and his
great contributions to the Latino community and to the
performing arts.
(b) Design and Striking.--For purposes of the presentation
referred to in subsection (a), the Secretary of the Treasury
(hereafter in this Act referred to as the ``Secretary'')
shall strike a gold medal with suitable emblems, devices, and
inscriptions to be determined by the Secretary.
(c) Gifts and Donations.--
(1) In general.--The Secretary may accept, use, and
disburse gifts or donations of property or money to carry out
this section.
(2) Appropriation authorized.--No amount is authorized to
be appropriated to carry out this section.

SEC. 3. DUPLICATE MEDALS.

The Secretary may strike and sell duplicates in bronze of
the gold medal struck pursuant to section 2 under such
regulations as the Secretary may prescribe, at a price
sufficient to cover the cost thereof, including labor,
materials, dies, use of machinery, and overhead expenses, and
the cost of the gold medal.

SEC. 4. STATUS OF MEDALS.

The medals struck pursuant to this Act are--
(1) national medals, for purposes of chapter 51 of title
31, United States Code; and
(2) numismatic items, for purposes of section 5134 of title
31, United States Code.

SEC. 5. TRANSFER OF ANY PROFIT TO LIBRARY OF CONGRESS.

The Secretary shall transfer in equal amounts from the
Numismatic Public Enterprise Fund an amount equal to the
amount by which the sum of any gifts and donations received
by the Secretary in accordance with section 2(c)(1) and any
proceeds from the sale of duplicate medals pursuant to
section 3 exceeds the total amount of the costs incurred by
the Secretary in carrying out this Act to--
(1) the Raul Julia Ending Hunger Fund; and
(2) the National Hispanic Foundation for the Arts.
______

By Mrs. BOXER (for herself and Mrs. Murray):
S. 1208. A bill to protect women's reproductive health and
constitutional right to choice, and for other purposes; to the
Committee on Labor and Human Resources.

the family planning and choice protection act of 1997

Mrs. BOXER. Mr. President, I come today to the Senate floor to
introduce the Family Planning and Choice Protection Act of 1997, a
comprehensive pro-choice, pro-family planning, and pro-women's health
bill. The bill is cosponsored in the Senate by Senator

[[Page S9792]]

Murray, and the companion bill was introduced by Representative Nita
Lowey.
This bill has three purposes: to improve family planning programs and
services; to strengthen women's right to choose; and to increase
research on women's health.
In the past months and years, Congress has curbed women's
reproductive rights again and again. We've seen it in the
appropriations process, as women in the military and military
dependents are prevented from using their own funds to obtain an
abortion at military facilities. Similarly, the District of Columbia
has been prevented from using local funds to provide abortion services.
These are just two examples. Bit by bit, anti-choice legislators are
chipping away at women's fundamental right to choose.
Even family planning programs and services have been under attack. In
June, the House of Representatives voted to cut off funding for family
planning to overseas organizations unless they comply with certain
restrictions. These restrictions amount to a global gag rule,
prohibiting these organizations from using even non-Federal funds to
provide abortion services or advocate to change abortion laws or
policies abroad.
The Family Planning and Choice Protection Act of 1997 addresses these
attacks. It is a positive statement of what freedom of choice really
means. The bill has three parts--family planning, choice protection,
and health.
The family planning part does four things. First, it authorizes
additional funds for family planning services. Second, it bans gag
rules, which have restricted the information health providers can give
and women can receive about reproductive health services. Third, it
requires all health plans to cover contraceptive services and drugs if
they cover other prescription drugs. Fourth, it promotes understanding
of emergency contraceptives, which can be used after intercourse to
prevent pregnancy.
The part on choice protection has four elements. First and foremost,
it takes the basic principles of Roe versus Wade and makes them Federal
law. Second, it repeals the many restrictions that Congress has placed
on funding of abortions, including services for poor women, women in
the military, women in the District of Columbia, and Federal employees.
Third, it calls for additional Federal resources to ensure that women
and health care providers have safe access to reproductive health
clinics, and protection against violence at these clinics. Fourth, it
directs the Department of Health and Human Services to ensure that the
approval of RU-486 is based on health considerations only--not
political decisions.
The third part of the bill focuses on women's health. First, it
supports funding for preventive health measures in all 50 States, such
as screening for breast and cervical cancer and chlamydia. Second, it
calls for funding for more research on contraception and infertility.
The American people overwhelmingly support a woman's right to choose,
family planning, and women's health research. Yet there are those in
this Congress who are determined to turn the clock back. This bill
works to ensure that no American woman will ever have to go back to the
days of ignorance, isolation, and injustice. The women of America
cannot afford to go back. The Family Planning and Choice Protection Act
of 1997 calls on Congress to strengthen women's right to choose and to
hold firm against further attacks on this fundamental right.
I am proud to sponsor this important initiative in the Senate, and
proud to join Representative Lowey and groups such as the National
Abortion Rights Action League to make this positive statement for
women's rights and health.
Mr. President, I ask unanimous consent that the full text of this
bill be printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:

S. 1208

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Family Planning and Choice
Protection Act of 1997''.

SEC. 2. FINDINGS.

Congress finds that--
(1) reproductive rights are central to the ability of women
to exercise full enjoyment of rights secured to women by
Federal and State law;
(2) abortion has been a legal and constitutionally
protected medical procedure throughout the United States
since 1973 and has become part of mainstream medical practice
as is evidenced by the positions of medical institutions
including the American Medical Association, the American
College of Obstetricians and Gynecologists, the American
Medical Women's Association, the American Nurses Association,
and the American Public Health Association;
(3) the availability of abortion services is diminishing
throughout the United States, as evidenced by--
(A) the fact that 84 percent of counties in the United
States have no abortion provider; and
(B) the fact that, between 1982 and 1992, the number of
abortion providers decreased in 45 States; and
(4)(A) the Department of Health and Human Services and the
Institute of Medicine of the National Academy of Sciences
have contributed to the development of a report entitled
``Healthy People 2000'', which urges that the rate of
unintended pregnancy in the United States be reduced by
nearly 50 percent by the year 2000;
(B) nearly 60 percent, or approximately 3,100,000, of all
pregnancies in the United States each year are unintended,
resulting in 1,500,000 abortions in the United States each
year; and
(C) the provision of family planning services, including
emergency contraception, is a cost-effective way of reducing
the number of unintended pregnancies and abortions in the
United States; and
(5) at a minimum, Congress must enact legislation
establishing or retaining the following policies to preserve
the choice and reproductive health of women:
(A) Authorization of family planning programs.
(B) The prohibition of any gag rule on information
pertaining to reproductive medical services.
(C) The promotion of equitable treatment and coverage of
prescription contraception drugs and devices in the provision
of health insurance.
(D) The provision of funding for emergency contraceptive
education.
(E) The establishment of breast cancer, cervical cancer,
and chlamydia screening programs in all 50 States.
(F) Full implementation of contraceptive and infertility
research programs.
(G) Funding through the medicaid program under title XIX of
the Social Security Act (42 U.S.C. 1396 et seq.) for abortion
services.
(H) Protection of women from clinic violence.
(I) Final approval of the drug called Mifepristone or RU-
486.
(J) The maintenance of a fundamental right to choose, as
stated in the Supreme Court decision in Roe v. Wade, 410 U.S.
113 (1973).
(K) The establishment of the right of the District of
Columbia to access locally raised revenue to provide abortion
services to low-income women.
(L) The promotion of fairness in insurance.
(M) The establishment of the ability of military personnel
overseas to obtain abortion services.
TITLE I--PREVENTION
Subtitle A--Family Planning

SEC. 101. FAMILY PLANNING AMENDMENTS.

Section 1001(d) of the Public Health Service Act (42 U.S.C.
300(d)) is amended to read as follows:
``(d) For the purpose of making grants and entering into
contracts under this section, there are authorized to be
appropriated $275,000,000 for fiscal year 1999 and such sums
as may be necessary for each of fiscal years 2000 through
2003.''.

SEC. 102. FREEDOM OF FULL DISCLOSURE.

Title XI of the Civil Rights Act of 1964 (42 U.S.C. 2000h
et seq.) is amended by adding at the end the following:

``SEC. 1107. INFORMATION ABOUT AVAILABILITY OF REPRODUCTIVE
HEALTH CARE SERVICES.

``(a) Definition.--As used in this section, the term
`governmental authority' means any authority of the United
States.
``(b) General Authority.--Notwithstanding any other
provision of law, no governmental authority shall, in or
through any program or activity that is administered or
assisted by such authority and that provides health care
services or information, limit the right of any person to
provide, or the right of any person to receive, nonfraudulent
information about the availability of reproductive health
care services, including family planning, prenatal care,
adoption, and abortion services.''.
Subtitle B--Prescription Equity and Contraceptive Coverage

SEC. 111. FINDINGS.

Congress finds that--
(1) each year, approximately 3,100,000 pregnancies, or
nearly 60 percent of all pregnancies, in this country are
unintended;
(2) contraceptive services are part of basic health care,
allowing families to both adequately space desired
pregnancies and avoid unintended pregnancy;
(3) studies show that contraceptives are cost-effective:
for every $1 of public funds invested in family planning, $4
to $14 of public funds is saved in pregnancy and health care-
related costs;

[[Page S9793]]

(4) by reducing rates of unintended pregnancy,
contraceptives help reduce the need for abortion;
(5) unintended pregnancies lead to higher rates of infant
mortality, low-birth weight, and maternal morbidity, and
threaten the economic viability of families;
(6) the National Commission to Prevent Infant Mortality
determined that ``infant mortality could be reduced by 10
percent if all women not desiring pregnancy used
contraception'';
(7) most women in the United States, including two-thirds
of women of childbearing age, rely on some form of private
employment-related insurance (through either their own
employer or a family member's employer) to defray their
medical expenses;
(8) the vast majority of private insurers cover
prescription drugs, but many exclude coverage for
prescription contraceptives;
(9) private insurance provides extremely limited coverage
of contraceptives: half of traditional indemnity plans and
preferred provider organizations, 20 percent of point-of-
service networks, and 7 percent of health maintenance
organizations cover no contraceptive methods other than
sterilization;
(10) women of reproductive age spend 68 percent more than
men on out-of-pocket health care costs, with contraceptives
and reproductive health care services accounting for much of
the difference;
(11) the lack of contraceptive coverage in health insurance
places many effective forms of contraceptives beyond the
financial reach of many women, leading to unintended
pregnancies; and
(12) the Institute of Medicine Committee on Unintended
Pregnancy recently recommended that ``financial barriers to
contraception be reduced by increasing the proportion of all
health insurance policies that cover contraceptive services
and supplies''.

SEC. 112. AMENDMENTS TO THE EMPLOYEE RETIREMENT INCOME
SECURITY ACT OF 1974.

(a) In General.--Subpart B of part 7 of subtitle B of title
I of the Employee Retirement Income Security Act of 1974 (as
added by section 603(a) of the Newborns' and Mothers' Health
Protection Act of 1996 and amended by section 702(a) of the
Mental Health Parity Act of 1996) is further amended by
adding at the end the following new section:

``SEC. 713. STANDARDS RELATING TO BENEFITS FOR
CONTRACEPTIVES.

``(a) Requirements for Coverage.--A group health plan, and
a health insurance issuer providing health insurance coverage
in connection with a group health plan, may not--
``(1) exclude or restrict benefits for prescription
contraceptive drugs or devices approved by the Food and Drug
Administration, or generic equivalents approved as
substitutable by the Food and Drug Administration, if such
plan provides benefits for other outpatient prescription
drugs or devices; or
``(2) exclude or restrict benefits for outpatient
contraceptive services if such plan provides benefits for
other outpatient services provided by a health care
professional (referred to in this section as `outpatient
health care services').
``(b) Prohibitions.--A group health plan, and a health
insurance issuer providing health insurance coverage in
connection with a group health plan, may not--
``(1) deny to an individual eligibility, or continued
eligibility, to enroll or to renew coverage under the terms
of the plan because of the individual's or enrollee's use or
potential use of items or services that are covered in
accordance with the requirements of this section;
``(2) provide monetary payments or rebates to a covered
individual to encourage such individual to accept less than
the minimum protections available under this section;
``(3) penalize or otherwise reduce or limit the
reimbursement of a health care professional because such
professional prescribed contraceptive drugs or devices, or
provided contraceptive services, described in subsection (a),
in accordance with this section; or
``(4) provide incentives (monetary or otherwise) to a
health care professional to induce such professional to
withhold from a covered individual contraceptive drugs or
devices, or contraceptive services, described in subsection
(a).
``(c) Rules of Construction.--
``(1) In general.--Nothing in this section shall be
construed--
``(A) as preventing a group health plan and a health
insurance issuer providing health insurance coverage in
connection with a group health plan from imposing
deductibles, coinsurance, or other cost-sharing or
limitations in relation to--
``(i) benefits for contraceptive drugs under the plan,
except that such a deductible, coinsurance, or other cost-
sharing or limitation for any such drug may not be greater
than such a deductible, coinsurance, or cost-sharing or
limitation for any outpatient prescription drug otherwise
covered under the plan;
``(ii) benefits for contraceptive devices under the plan,
except that such a deductible, coinsurance, or other cost-
sharing or limitation for any such device may not be greater
than such a deductible, coinsurance, or cost-sharing or
limitation for any outpatient prescription device otherwise
covered under the plan; and
``(iii) benefits for outpatient contraceptive services
under the plan, except that such a deductible, coinsurance,
or other cost-sharing or limitation for any such service may
not be greater than such a deductible, coinsurance, or cost-
sharing or limitation for any outpatient health care service
otherwise covered under the plan; and
``(B) as requiring a group health plan and a health
insurance issuer providing health insurance coverage in
connection with a group health plan to cover experimental or
investigational contraceptive drugs or devices, or
experimental or investigational contraceptive services,
described in subsection (a), except to the extent that the
plan or issuer provides coverage for other experimental or
investigational outpatient prescription drugs or devices, or
experimental or investigational outpatient health care
services.
``(2) Limitations.--As used in paragraph (1), the term
`limitation' includes--
``(A) in the case of a contraceptive drug or device,
restricting the type of health care professionals that may
prescribe such drugs or devices, utilization review
provisions, and limits on the volume of prescription drugs or
devices that may be obtained on the basis of a single
consultation with a professional; or
``(B) in the case of an outpatient contraceptive service,
restricting the type of health care professionals that may
provide such services, utilization review provisions,
requirements relating to second opinions prior to the
coverage of such services, and requirements relating to
preauthorizations prior to the coverage of such services.
``(d) Notice Under Group Health Plan.--The imposition of
the requirements of this section shall be treated as a
material modification in the terms of the plan described in
section 102(a)(1), for purposes of assuring notice of such
requirements under the plan, except that the summary
description required to be provided under the last sentence
of section 104(b)(1) with respect to such modification shall
be provided by not later than 60 days after the first day of
the first plan year in which such requirements apply.
``(e) Preemption.--Nothing in this section shall be
construed to preempt any provision of State law to the extent
that such State law establishes, implements, or continues in
effect any standard or requirement that provides protections
for enrollees that are greater than the protections provided
under this section.
``(f) Definition.--In this section, the term `outpatient
contraceptive services' means consultations, examinations,
procedures, and medical services, provided on an outpatient
basis and related to the use of contraceptive methods
(including natural family planning) to prevent an unintended
pregnancy.''.
(b) Clerical Amendment.--The table of contents in section 1
of such Act, as amended by section 603 of the Newborns' and
Mothers' Health Protection Act of 1996 and section 702 of the
Mental Health Parity Act of 1996, is amended by inserting
after the item relating to section 712 the following new
item:

``Sec. 713. Standards relating to benefits for contraceptives.''.

(c) Effective Date.--The amendments made by this section
shall apply with respect to plan years beginning on or after
January 1, 1998.

SEC. 113. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT
RELATING TO THE GROUP MARKET.

(a) In General.--Subpart 2 of part A of title XXVII of the
Public Health Service Act (as added by section 604(a) of the
Newborns' and Mothers' Health Protection Act of 1996 and
amended by section 703(a) of the Mental Health Parity Act of
1996) is further amended by adding at the end the following
new section:

``SEC. 2706. STANDARDS RELATING TO BENEFITS FOR
CONTRACEPTIVES.

[[Page S9794]]

contraceptive services, described in subsection (a).
``(c) Rules of Construction.--
``(1) In general.--Nothing in this section shall be
construed--
``(A) as preventing a group health plan and a health
insurance issuer providing health insurance coverage in
connection with a group health plan from imposing
deductibles, coinsurance, or other cost-sharing or
limitations in relation to--
``(i) benefits for contraceptive drugs under the plan,
except that such a deductible, coinsurance, or other cost-
sharing or limitation for any such drug may not be greater
than such a deductible, coinsurance, or cost-sharing or
limitation for any outpatient prescription drug otherwise
covered under the plan;
``(ii) benefits for contraceptive devices under the plan,
except that such a deductible, coinsurance, or other cost-
sharing or limitation for any such device may not be greater
than such a deductible, coinsurance, or cost-sharing or
limitation for any outpatient prescription device otherwise
covered under the plan; and
``(iii) benefits for outpatient contraceptive services
under the plan, except that such a deductible, coinsurance,
or other cost-sharing or limitation for any such service may
not be greater than such a deductible, coinsurance, or cost-
sharing or limitation for any outpatient health care service
otherwise covered under the plan; and
``(B) as requiring a group health plan and a health
insurance issuer providing health insurance coverage in
connection with a group health plan to cover experimental or
investigational contraceptive drugs or devices, or
experimental or investigational contraceptive services,
described in subsection (a), except to the extent that the
plan or issuer provides coverage for other experimental or
investigational outpatient prescription drugs or devices, or
experimental or investigational outpatient health care
services.
``(2) Limitations.--As used in paragraph (1), the term
`limitation' includes--
``(A) in the case of a contraceptive drug or device,
restricting the type of health care professionals that may
prescribe such drugs or devices, utilization review
provisions, and limits on the volume of prescription drugs or
devices that may be obtained on the basis of a single
consultation with a professional; or
``(B) in the case of an outpatient contraceptive service,
restricting the type of health care professionals that may
provide such services, utilization review provisions,
requirements relating to second opinions prior to the
coverage of such services, and requirements relating to
preauthorizations prior to the coverage of such services.
``(d) Notice.--A group health plan under this part shall
comply with the notice requirement under section 713(d) of
the Employee Retirement Income Security Act of 1974 with
respect to the requirements of this section as if such
section applied to such plan.
``(e) Preemption.--Nothing in this section shall be
construed to preempt any provision of State law to the extent
that such State law establishes, implements, or continues in
effect any standard or requirement that provides protections
for enrollees that are greater than the protections provided
under this section.
``(f) Definition.--In this section, the term `outpatient
contraceptive services' means consultations, examinations,
procedures, and medical services, provided on an outpatient
basis and related to the use of contraceptive methods
(including natural family planning) to prevent an unintended
pregnancy.''.
(b) Effective Date.--The amendments made by this section
shall apply with respect to group health plans for plan years
beginning on or after January 1, 1998.

SEC. 114. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT RELATING
TO THE INDIVIDUAL MARKET.

(a) In General.--Subpart 3 of part B of title XXVII of the
Public Health Service Act (as added by section 605(a) of the
Newborn's and Mother's Health Protection Act of 1996) is
amended by adding at the end the following new section:

``SEC. 2752. STANDARDS RELATING TO BENEFITS FOR
CONTRACEPTIVES.

``The provisions of section 2706 shall apply to health
insurance coverage offered by a health insurance issuer in
the individual market in the same manner as they apply to
health insurance coverage offered by a health insurance
issuer in connection with a group health plan in the small or
large group market.''.
(b) Effective Date.--The amendment made by this section
shall apply with respect to health insurance coverage
offered, sold, issued, renewed, in effect, or operated in the
individual market on or after January 1, 1998.
Subtitle C--Emergency Contraceptives

SEC. 121. EMERGENCY CONTRACEPTIVE EDUCATION.

(a) Definition.--In this section:
(1) Emergency contraceptive.--The term ``emergency
contraceptive'' means a drug or device (as the terms are
defined in section 201 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321)) that is designed--
(A) to be used after sexual relations; and
(B) to prevent pregnancy, by preventing ovulation,
fertilization of an egg, or implantation of an egg in a
uterus.
(2) Health care provider.--The term ``health care
provider'' means anyone licensed or certified under State law
to provide health care services who is operating within the
scope of such license.
(3) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 1201(a) of the Higher Education Act of 1965
(20 U.S.C. 1141(a)).
(b) Emergency Contraceptive Public Education Program.--
(1) In general.--The Secretary of Health and Human
Services, acting through the Director of the Centers for
Disease Control, shall develop and disseminate to the public
information on emergency contraceptives.
(2) Development and dissemination.--The Secretary may
develop and disseminate the information directly or through
arrangements with nonprofit organizations, consumer groups,
institutions of higher education, Federal, State, or local
agencies, and clinics.
(3) Information.--The information shall include, at a
minimum, information describing emergency contraceptives, and
explaining the use, effects, efficacy, and availability of
the contraceptives.
(c) Emergency Contraceptive Information Program for Health
Care Providers.--
(1) In general.--The Secretary of Health and Human
Services, acting through the Administrator of the Health
Resources and Services Administration, shall develop and
disseminate to health care providers information on emergency
contraceptives.
(2) Information.--The information shall include, at a
minimum--
(A) information describing the use, effects, and efficacy
and availability of the contraceptives;
(B) a recommendation from the Secretary regarding the use
of the contraceptives in appropriate cases; and
(C) information explaining how to obtain copies of the
information developed under subsection (b), for distribution
to the patients of the providers.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $5,000,000 for
the period consisting of fiscal years 1999 through 2001.
TITLE II--RESEARCH

SEC. 201. PREVENTIVE HEALTH MEASURES REGARDING BREAST AND
CERVICAL CANCER AND CHLAMYDIA.

It is the sense of Congress that the programs of grants
under section 318 and title XV of the Public Health Service
Act (42 U.S.C. 247c and 300k et seq.) should receive a level
of funding that is adequate for all States, or entities in
all States, as appropriate, to receive grants under such
section and title.

SEC. 202. PROGRAMS REGARDING CONTRACEPTION AND INFERTILITY.

(a) Research Centers.--It is the sense of Congress that the
program assisting research centers under section 452A of the
Public Health Service Act (42 U.S.C. 285g-5) should receive a
level of funding that is adequate for a reasonable number of
research centers to be operated under the program.
(b) Loan Repayment Program Regarding Conduct of Research.--
It is the sense of Congress that the program of loan-
repayment contracts under section 487B of the Public Health
Service Act (42 U.S.C 288-2) should receive a level of
funding that is adequate for a reasonable number of
individuals to conduct research under the program.
TITLE III--CHOICE PROTECTION

SEC. 301. FUNDING FOR ABORTION SERVICES.

It is the sense of Congress that Federal and State
governments should provide funding for abortion services to
women eligible for assistance through the medicaid program
carried out under title XIX of the Social Security Act (42
U.S.C. 1396 et seq.), as such services are essential to the
health and well-being of women.

SEC. 302. CLINIC VIOLENCE.

It is the sense of Congress that--
(1) Federal resources are necessary to ensure that women
have safe access to reproductive health facilities and that
health professionals can deliver services in a secure
environment free from violence and threats of force; and
(2) it is necessary and appropriate to use Federal
resources to combat the nationwide campaign of violence and
harassment against reproductive health centers.

SEC. 303. APPROVAL OF RU-486.

The Secretary of Health and Human Services shall--
(1) ensure that a decision by the Food and Drug
Administration to approve the drug called Mifepristone or RU-
486 shall be made only on the basis provided in law; and
(2) assess initiatives by which the Department of Health
and Human Services can promote the testing, licensing, and
manufacturing in the United States of the drug or other
antiprogestins.

SEC. 304. FREEDOM OF CHOICE.

(a) Findings.--Congress finds the following:
(1) The 1973 Supreme Court decision in Roe v. Wade, 410
U.S. 113 (1973) established constitutionally based limits on
the power of States to restrict the right of a woman to
choose to terminate a pregnancy. Under the strict scrutiny
standard enunciated in the Roe v. Wade decision, States were
required to demonstrate that laws restricting the right of a
woman to choose to terminate a pregnancy were the least
restrictive means available to achieve a compelling State
interest. Since 1989, the Supreme Court has no longer applied
the strict scrutiny standard in reviewing challenges to the
constitutionality of State laws restricting such rights.
(2) As a result of the recent modification by the Supreme
Court of the strict scrutiny

[[Page S9795]]

standard enunciated in the Roe v. Wade decision, certain
States have restricted the right of women to choose to
terminate a pregnancy or to utilize some forms of
contraception, and the restrictions operate cumulatively to--
(A)(i) increase the number of illegal or medically less
safe abortions, often resulting in physical impairment, loss
of reproductive capacity, or death to the women involved;
(ii) burden interstate and international commerce by
forcing women to travel from States in which legal barriers
render contraception or abortion unavailable or unsafe to
other States or foreign nations;
(iii) interfere with freedom of travel between and among
the various States;
(iv) burden the medical and economic resources of States
that continue to provide women with access to safe and legal
abortion; and
(v) interfere with the ability of medical professionals to
provide health services;
(B) obstruct access to and use of contraceptive and other
medical techniques that are part of interstate and
international commerce;
(C) discriminate between women who are able to afford
interstate and international travel and women who are not, a
disproportionate number of whom belong to racial or ethnic
minorities; and
(D) infringe on the ability of women to exercise full
enjoyment of rights secured to the women by Federal and State
law, both statutory and constitutional.
(3) Although Congress may not by legislation create
constitutional rights, Congress may, where authorized by a
constitutional provision enumerating the powers of Congress
and not prohibited by a constitutional provision, enact
legislation to create and secure statutory rights in areas of
legitimate national concern.
(4) Congress has the affirmative power under section 8 of
article I of the Constitution and under section 5 of the 14th
amendment to the Constitution to enact legislation to
prohibit State interference with interstate commerce,
liberty, or equal protection of the laws.
(b) Purpose.--The purpose of this section is to establish,
as a statutory matter, limitations on the power of a State to
restrict the freedom of a woman to terminate a pregnancy in
order to achieve the same limitations as were provided, as a
constitutional matter, under the strict scrutiny standard of
review enunciated in the Roe v. Wade decision and applied in
subsequent cases from 1973 through 1988.
(c) Definition.--As used in this section, the term
``State'' includes the District of Columbia, the Commonwealth
of Puerto Rico, and each other territory or possession of the
United States.
(d) General Authority.--A State--
(1) may not restrict the freedom of a woman to choose
whether or not to terminate a pregnancy before fetal
viability;
(2) may restrict the freedom of a woman to choose whether
or not to terminate a pregnancy after fetal viability unless
such a termination is necessary to preserve the life or
health of the woman; and
(3) may impose requirements on the performance of abortion
procedures if such requirements are medically necessary to
protect the health of women undergoing such procedures.
(e) Rules of Construction.--Nothing in this section shall
be construed to--
(1) prevent a State from protecting unwilling individuals
or private health care institutions from being required to
participate in the performance of abortions to which the
individuals or institutions are conscientiously opposed;
(2) prevent a State from declining to pay for the
performance of abortions; or
(3) prevent a State from requiring a minor to involve a
parent, guardian, or other responsible adult before
terminating a pregnancy.

SEC. 305. FAIRNESS IN INSURANCE.

Notwithstanding any other provision of law, no Federal law
shall be construed to prohibit a health plan from offering
coverage for the full range of reproductive health care
services, including abortion services.

SEC. 306. REPRODUCTIVE RIGHTS OF WOMEN IN THE MILITARY.

Section 1093 of title 10, United States Code, is amended--
(1) in subsection (a), by inserting before the period the
following: ``or in a case in which the pregnancy involved is
the result of an act of rape or incest or the abortion
involved is medically necessary or appropriate'';
(2) by striking subsection (b) (as added by section 738 of
the National Defense Authorization Act for Fiscal Year 1996
(Public Law 104-106; 110 Stat. 383)); and
(3) by adding at the end the following:
``(b) Abortions in Facilities Overseas.--Subsection (a)
does not limit the performing of an abortion in a facility of
the uniformed services located outside the 48 contiguous
States of the United States if--
``(1) the cost of performing the abortion is fully paid
from a source or sources other than funds available to the
Department of Defense;
``(2) abortions are not prohibited by the laws of the
jurisdiction where the facility is located; and
``(3) the abortion would otherwise be permitted under the
laws applicable to the provision of health care to members
and former members of the uniformed services and their
dependents in such facility.''.
______

By Mr. KENNEDY (for himself, Mr. Dodd, and Mr. Kerry):
S. 1209. A bill improving teacher preparation and recruitment; to the
Committee on Labor and Human Resources.

the higher education act title v reauthorization act of 1997

Mr. KENNEDY. Mr. President, I am honored to introduce President
Clinton's proposal for the reauthorization of title V of the Higher
Education Act. The goal of this important legislation is to improve the
quality of teacher preparation programs and to bring more qualified
teachers into America's classrooms, particularly in the areas of
highest need.
Investing in teachers is an investment in the Nation's children and
its future. The Nation is clearly committed to the highest quality
training for our doctors, engineers, and attorneys, both in their
initial training and in subsequent professional development
opportunities. President Clinton is right to ask us to make that same
commitment to the training of teachers who are charged with educating
the Nation's most precious resource--our children. Not since the
Teacher Corps initiatives of the 1970's has the Federal Government
given such high priority to teaching and teachers. Through inaction,
the Nation has tacitly condoned low standards in too many schools,
particularly in urban and rural areas. Through inaction, we have left
too many of these schools understaffed and unsupported. We must
recognize the urgency of this situation and act now.
In other initiatives, we are already asking teachers to ensure that
children meet high standards, but we are not asking whether teachers
are ready to meet this challenge. Because of the shortage of teachers,
many educators are forced to teach subjects outside their certification
area. This shortage is especially serious in communities with high
concentrations of students from low-income families. Annually, more
than 50,000 underprepared teachers enter the classroom. One in four new
teachers do not fully meet State certification requirements, and 12
percent of new hires have had not teacher training at all. Students in
inner-city schools have only a 50-percent chance of being taught by a
qualified science or math teacher. In Massachusetts, 30 percent of
teachers in high-poverty schools do not even have a minor degree in
their field.
This gap is unacceptable. Teachers must have a strong knowledge base
in their subject area, so that they can motivate young learners and
teach strong basic skills. Teachers must be comfortable with topics, so
that they encourage extended thinking and questioning on issues.
Teachers must also have opportunities to improve their own skills,
learn how to integrate technology, and employ strategies that encourage
all students to achieve.
Clearly, we must invest in better teacher preparation, do all we can
to ensure that all of our schools are fully staffed with qualified
teachers. We must attract the best and the brightest new teachers to
adequately prepare students to compete in the global marketplace.
During the next decade, because of rising student enrollment and
massive teacher retirement, the Nation will need over 2 million new
teachers. But teacher preparation programs are currently producing
between 100,000 and 150,000 new teachers a year, leaving the system
with an annual deficit of at least 50,000 teachers, particularly in
underserved, high-poverty schools.
The Federal Government, through the Eisenhower Professional
Development Program, already invests in upgrading the skills of current
teachers, but the investment is far from sufficient. In addition, we
must invest in the front end of teacher training, to ensure that the
Nation's children are taught by highly qualified, well informed
teachers. The President's proposal will help improve teacher
preparation and bring well-qualified teachers into more classrooms.
The legislation addresses these issues by encouraging strong
partnerships among institutions of higher education with exemplary
teacher preparation programs, other institutions that want to improve
their programs, and the school districts that they serve. The program
would be authorized at $67

[[Page S9796]]

million for fiscal year 1999. A Lighthouse Partnership Program will
identify lead institutions from the variety of successful teacher
preparation programs that now exist. These programs provide aspiring
teachers with the newest information about the best classroom
practices, and give them the concrete clinical experiences they need to
develop the skills to help students achieve high standards.
State and local education agencies, community colleges, and other
professional groups will participate as partner institutions. The lead
institutions will demonstrate their strength in cutting-edge,
clinically based teacher preparation and course content. They must also
demonstrate that they are committed to strong ongoing cooperation with
school districts that serve needy families in rural and urban America.
A second major part of the President's proposal focuses on recruiting
the best and the brightest teachers to serve in needy school districts.
It supports partnerships between teacher preparation institutions and
local education agencies that provide scholarships and other assistance
to students who complete teacher preparation programs and agree to
teach in targeted underserved areas for at least 3 years.
President Clinton's proposal is far-reaching, and it discusses broad
bipartisan support. The United States is in urgent need of creating and
maintaining a stronger supply of world-class teachers. These wise
investments will provide high-quality opportunities today to the
teachers who will be teaching the Nation's children tomorrow. I look
forward to working with my colleagues on both sides of the aisle to
enact this major teacher recruitment and training proposal.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:

S. 1209

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

TITLE V--EDUCATOR RECRUITMENT, PREPARATION, AND INDUCTION

Sec. 501. Findings.
Sec. 502. Purpose.
Sec. 503. Authorization of appropriations.

Part A--Lighthouse Partnerships

Sec. 511. Definitions.
Sec. 512. Grants to Lighthouse Partnerships.
Sec. 513. Preapplications and applications.
Sec. 514. Uses of funds.
Sec. 515. Selection of applications.
Sec. 516. Evaluation.
Sec. 517. National activities.

Part B--Recruiting New Teachers for Underserved Areas

Sec. 521. Program authorized.
Sec. 522. Definitions.
Sec. 523. Grant conditions.
Sec. 524. Grant applications.
Sec. 525. Uses of funds.
Sec. 526. Selection of applicants.
Sec. 527. Duration and amount of assistance; relation to other
assistance.
Sec. 528. Scholarship conditions.
Sec. 529. Service requirements.
Sec. 530. Evaluation.
Sec. 531. National activities.

``TITLE V--EDUCATOR RECRUITMENT, PREPARATION, AND INDUCTION

``findings

``Sec. 501. The Congress finds as follows:
``(1) What teachers know and can do has a critical impact
on student achievement, yet too often prospective teachers
are not receiving the initial preparation they need in order
to teach children from diverse backgrounds to challenging
standards.
``(2) A number of elementary and secondary schools
throughout the United States are implementing educational
reform strategies that are research-based, have records of
demonstrated effectiveness in enabling students to achieve to
high State or local standards, are replicable in diverse and
challenging circumstances, and are supported by networks of
researchers and experienced practitioners. Yet preparation to
implement these strategies is not generally a central
component of initial teacher preparation.
``(3) Institutions of higher education that provide
teachers for urban and rural schools that enroll
concentrations of children from low-income families often
have the greatest need to restructure their teacher
preparation programs because the teachers they graduate will
face the greatest classroom challenges.
``(4) Improvement of teacher preparation in mathematics and
reading represents a particular challenge for American
education. For example, most future elementary and middle-
school mathematics teachers take no more than one or two
college-level mathematics courses, and these courses are not
designed for prospective teachers and do not cover the
mathematics content that elementary and middle-school
teachers should teach to enable students to meet
challenging mathematics standards. In reading, most
teacher preparation programs have not incorporated the
large body of research on effective reading instruction.
``(5) If current trends continue, American schools will
need to hire more than two million teachers in the next
decade to educate an increasing number of students and to
replace current teachers who will retire or leave the
profession. High-poverty urban and rural schools will
experience the most severe teacher shortages. Of the more
than two million teachers needed, approximately 15 percent,
or 345,000, will be needed in central cities, in schools with
large concentrations of low-income students. An additional
207,000 teachers will be needed in isolated, and often poor,
rural areas. Recent trends in the number of people preparing
to enter teaching indicate that the normal operation of the
labor market, by itself, will not produce the number of
qualified teachers schools will need.
``(6) Schools are already having trouble recruiting
qualified teachers. Nearly three-quarters of physical science
students and one-third of English students in high-poverty
schools take classes with teachers who lack even a college
minor in their field. The National Commission on Teaching and
America's Future found that 50,000 uncertified individuals
annually enter teaching because schools, frequently those in
urban and rural areas with large concentrations of children
from low-income families, cannot find all the certified
teachers they need.
``(7) Teaching excellence and diversity are inextricably
connected. By bringing distinctive life experiences and
perspectives into the classroom, enriching the instructional
curriculum and the school climate, and strengthening
connections to parents and communities, teachers from diverse
racial and ethnic groups, and those with disabilities,
enhance the quality of American education. Yet today, while
one-third of American students are members of minority
groups, members of racial and ethnic minority groups make up
only 13 percent of the teaching force and nearly half the
school districts in the Nation have no minority teachers. In
addition, few individuals with disabilities are teaching in
American classrooms.
``(8) The Federal Government, by itself, cannot ensure
needed improvements in teacher preparation or solve the
problem of teacher shortages. However, the Government can
make limited, targeted investments that--
``(A) encourage more institutions of higher education that
operate teacher preparation programs, working in partnership
with local educational agencies and States, to adopt the
practices and strategies of the best programs;
``(B) encourage a more diverse mix of Americans to enter
teaching and complete high-quality preparation programs; and
``(C) encourage more Americans to serve as teachers in
underserved communities.

``purpose

``Sec. 502. The purpose of this title is to help meet the
national need to recruit, prepare, and retain a high-quality
and diverse supply of elementary and secondary education
teachers, and to help meet the needs of schools in urban and
rural areas with concentrations of children from low-income
families, by--
``(1) authorizing support for partnerships among
institutions of higher education that operate exemplary
teacher preparation programs, other institutions of higher
education seeking to improve their programs, public
elementary and secondary schools, and States, in order to
improve the quality of the initial preparation of teachers
for high-poverty communities;
``(2) authorizing support for partnerships to increase the
number and diversity of students who enter teacher education
programs and complete high-quality preparation programs, and
to increase the quality of teaching in underserved urban and
rural communities; and
``(3) encouraging, through such partnerships, the creation
of a more diverse teaching force, through the recruitment and
preparation of minority individuals, including language
minority individuals, and individuals with disabilities, to
enter teaching.

``Authorization of Appropriations

``Sec. 503. (a) Authorization for Parts A and B.--There are
authorized to be appropriated--
``(1) $30,000,000 for fiscal year 1999 and such sums as may
be necessary for each of the four succeeding fiscal years to
carry out the program of Lighthouse Partnerships under part
A; and
``(2) $37,000,000 for fiscal year 1999 and such sums as may
be necessary for each of the four succeeding fiscal years to
carry out the program of Recruiting New Teachers for
Underserved Areas under part B.
``(b) Transition.--Notwithstanding any other provision of
law, the Secretary may use funds appropriated under
subsection (a) to make continuation awards for projects that
were funded under subpart 2 of part E of title V of this Act,
as in effect prior to enactment of [inset name of
reauthorization Act].

``Part A--Lighthouse Partnerships

``Defintions

``Sec. 511. As used in this part, the following terms have
the following meanings:
``(1)(A) The term `lead institution' means an institution
of higher education that--

[[Page S9797]]

``(i) operates an exemplary teacher preparation program of
significant size in one or more areas of teacher preparation,
which may include the preparation of principals and other
educational administrators;
``(ii) desires to assist other institutions of higher
education in improving their programs and to serve as a
national model for effective teacher preparation; and
``(iii) places a significant percentage of its teacher
preparation graduates in teaching positions in urban and
rural communities with concentrations of children from low-
income families.
``(B) A lead institution may participate in a consortium
with one or more two-year colleges with which it has
articulation agreements relating to teacher preparation.
``(2) The term `lighthouse partnership' means a partnership
of a lead institution, partner institutions, and State and
local educational agencies, that is dedicated to improving
the quality of teacher preparation programs. Within each
partnership, the lead institution shall act as the fiscal
agent for the grant.
``(3) The term `local educational agency' has the meaning
given that term in section 14101(18) of the Elementary and
Secondary Education Act of 1965.
``(4) The term `partner institution' means an institution
of higher education that--
``(A) prepares teachers for their initial entry into the
teaching profession;
``(B) desires to improve its program with assistance from a
lead institution; and
``(C) prepares teachers for teaching positions in urban and
rural communities with concentrations of children from low-
income families.
``(5) The term `teacher preparation program' means a
program operated by an institution of higher education that
prepares students to obtain initial teacher licensure and to
teach in elementary and second schools. Such a program may
also prepare students to become preschool teachers if the
institution serves a State or school districts in which
preschool education is provided as free, public education.

``Grants to Lighthouse Partnerships

``Sec. 512. (a) Grants Authorized.--(1) From funds
appropriated under section 503(a)(1) for this part for each
fiscal year, the Secretary shall make competitive grants to
lighthouse partnerships.
``(2) Each grant under paragraph (1) shall be for a period
not to exceed five years.
``(3) The Secretary shall--
``(A) make continuation awards, for the second and
succeeding years, only after determining that the partnership
is making satisfactory progress in carrying out the grant;
and
``(B) conduct an intensive review of the partnership's
progress, with the assistance of outside experts, before
making the continuation award for the fourth year of the
grant.
``(b) Limitation.--No partnership may receive more than two
grants under this part.

``preapplications and applications

``Sec. 513. (a) Preapplications.--Each lead institution
that wishes to participate in a lighthouse partnership that
will apply for a grant under this part shall submit a
preapplication to the Secretary at such time, in such manner,
and containing such information as the Secretary may require,
except that the lead institution need not identify the other
members of the partnership until it submits an application
under subsection (b). The Secretary shall use a peer review
process to review these preapplications.
``(b) Applications Required.--Any lighthouse partnership
desiring to receive a grant under this part shall submit an
application to the Secretary at such time, in such form, and
containing such information as the Secretary may require.
``(c) Contents.--Each application shall include--
``(1) a description of the teacher preparation program
operated by the lead institution, including information on
the curriculum, the faculty, and the number and
characteristics of students served;
``(2) evidence of the quality of the institution's teacher
preparation program, covering--
``(A) the extent to which the institution provides a
coherent program that--
``(i) reflects the best of what is known, from research and
practice;
``(ii) prepares teachers to implement research-based
instructional programs of demonstrated effectiveness and to
teach their students, particularly those in high-poverty
schools, to high State and local content standards; and
``(iii) reflects high standards for teaching, such as the
standards of the National Board for Professional Teaching
Standards, and for teacher education;
``(B) the commitment of the institution to its program of
teacher preparation;
``(C) the connections between the institution's teacher
preparation program and its departments or schools of arts
and sciences, to ensure the integration of pedagogy and
content in teacher preparation;
``(D) the extent to which the institution operates a
clinically based teacher preparation program, particularly in
high-poverty schools, through which prospective teachers
participate in intensive, structured clinical experiences,
with extensive faculty involvement, throughout their
preservice education, and the extent to which those
experiences are integrated into the curriculum;
``(E) the extent to which the institution's program offers
continuous assistance to its graduates during their initial
years in the classroom;
``(F) the extent to which the institution's program meets
the needs of, and has strong connections with, elementary and
secondary education (particularly with urban and rural
schools and school systems that serve concentrations of
students from low-income families and with the education
reforms under way in the institution's State), which may
include the involvement of elementary and secondary educators
in the continuing development, improvement, and
implementation of the teacher preparation program;
``(G) the success of the institution in preparing teachers
to teach individuals from diverse populations effectively;
``(H) the extent to which the institution is preparing
teachers to use technology to teach children to high
standards;
``(I) the record of the institution's teacher preparation
program in attracting and graduating a diverse student body
(including the recruitment and enrollment of individuals with
disabilities);
``(J) the procedures the institution uses to measure the
quality of its teacher preparation program (including the
extent to which graduates improve their subject matter
knowledge and teaching ability as a result of their
participation in the program) and to improve its program,
using information generated through those procedures;
``(K) the success of the program in graduating students who
are fully qualified to teach to high standards in the State
or region served by the institution;
``(L) the quality of the program's graduates, as documented
through such evidence as the graduates' record of obtaining
(and retaining) teaching positions and the opinions of school
district officials, in the State or region, of the quality of
those graduates;
``(M) if applicable, the quality of the institution's
program for the preparation of school principals and other
school administrators, and of the success of that program;
and
``(N) involvement and leadership of the institution in
national, regional, and State efforts to improve teacher
education and licensure;
``(3) evidence of the extent to which--
``(A) graduates have taken teaching positions in urban and
rural schools in communities with concentrations of students
from low-income families; and
``(B) the institution recruits and serves students (such as
education paraprofessionals) from those communities;
``(4) evidence of the experience of the lead institution in
creating or participating in networks with other institutions
to improve the quality of teacher preparation programs;
``(5) a description of how the partnership will operate a
program under this part, including--
``(A) a description of the governance structure that the
partnership will establish (through a written partnership
agreement) for the grant, which shall include the active
involvement of high-level administrators of the lead
institution and representatives of--
``(i) both the teacher preparation program and the school
or department of arts and sciences in the lead institution;
``(ii) the partner institutions involved with the grant;
``(iii) local educational agencies (including teachers and
other school-level officials) served by the lead institution
and one or more of the partner institutions; and
``(iv) State officials with authority over teacher
licensure and teacher preparation in the States in which the
lead institution and one or more of the partner institutions
are located;
``(B) a description of how the partnership will fully
engage local educational agencies in the activities carried
out under the grant, including how the partnership will use
grant funds to address the teacher training needs of the
local educational agencies that are members of the
partnership, consistent with section 514;
``(C) a description of how the activities undertaken with
the grant will support, and be integrated with, the
educational reforms under way in the States of the lead and
the partner institutions, including a description of plans
for coordinating activities carried out under the grant with
activities carried out under other Federal or State
professional development programs or activities designed to
improve pre-service and in-service teacher training; and
``(D) a description of--
``(i) the measurable goals the partnership expects to
achieve through the grant, including--
``(I) goals for improvements in the teacher preparation
programs of the partner institutions;
``(II) goals for improvements in the quality, and increases
in the number, of the graduates of teacher preparation
programs operated by members of the partnership who take
teaching positions in high-poverty schools of the local
educational agencies in the partnership;
``(III) goals for meeting the teacher preparation needs of
the local educational agencies in the partnership, in order
to improve student achievement; and
``(IV) such other goals, consistent with the purposes of
this part, as the partnership may select;
``(ii) how the partnership will achieve the goal of
increased diversity among its teacher preparation graduates;
and
``(iii) how the partnership will determine whether it is
meeting the goals described in clauses (i) and (ii); and

[[Page S9798]]

``(6) a description of the partnership's plan for
institutionalizing the activities it is carrying out under
this part, so that those activities will continue once
Federal funding ceases.

``uses of funds

``Sec. 514. (a) Required Activities.--In order to increase
the quality and number of teachers it is preparing for
positions in urban and rural areas with concentrations of
low-income families, and to increase the diversity of
elementary and secondary teachers, each partnership selected
to receive a grant under this part shall use the grant funds
for each of the following purposes:
``(1) Further development, refinement, assessment of, and
dissemination of information on, the teacher preparation
programs operated by the lead institution, including
activities that document, for other institutions nationally
and for policymakers, effective practices in teacher
preparation and that produce curricular and other materials
for use by other institutions preparing teachers.
``(2) Technical assistance by the lead institution to the
partner institutions in improving the partner institutions'
teacher preparation programs (and, if applicable, their
principal and other administrator preparation programs),
based on the experience of the lead institution and the
particular needs of the partners.
``(3) Making subgrants to the partner institutions for
implementation of program improvements at those institutions,
through adoption or adaptation of the teacher preparation
practices of the lead institution, to meet the needs of the
high-poverty schools in the urban and rural communities they
serve. Each partnership shall use at least 40 percent of its
grant for this purpose.
``(4) Joint activities with the local educational agencies
in the partnership, and with other local educational
agencies, that increase the involvement of classroom teachers
and school administrators in the design and implementation of
teacher preparation programs operated by the lead and partner
institutions (and thereby make those programs more responsive
to the needs of teachers and administrators), and other
activities to improve teaching and administration, and to
support new teachers, in the high-poverty schools of those
local educational agencies.
``(5) Cooperation and interaction with other lighthouse
partnerships and with other institutions, organizations, and
public agencies, on activities aimed at the improvement of
teacher preparation nationally, including improvement of
teacher licensure and relicensure requirements.
``(6) Assessment of the effectiveness of the activities
carried out under the grant, including the extent to which
the partnership is achieving its goals under section
513(c)(5)(D).
``(b) Optional Activities.--Each partnership selected to
receive a grant under this part may also use the grant funds
for joint activities with States that promote the development
and implementation of State policies to facilitate the
improvement of teacher preparation programs (and, if
applicable, principal and other administrator preparation
programs) within the States, as a component of comprehensive
education reforms.

``selection of applications

``Sec. 515. (a) Peer Review.--The Secretary shall, using a
peer review process, select applicants to receive grants
under this part on the basis of--
``(1) the quality of the teacher preparation program
operated by the lead institution in a proposed partnership;
``(2) the quality of the partnership's plan for carrying
out activities under the grant; and
``(3) the capacity of the lead institution and its partners
to carry out the proposed activities successfully.
``(b) Criteria.--(1) In selecting grantees under this part,
the Secretary shall seek to ensure that--
``(A) lighthouse partnerships represent a variety of
approaches to teacher preparation;
``(B) lead institutions represent a variety of institutions
of higher education; and
``(C) there is an equitable geographic distribution of
awards.
``(2) In addition to complying with paragraph (1), the
Secretary shall give special consideration to applications
for--
``(A) projects that are likely to have the most significant
impact on the quality of teaching in high-poverty urban and
rural schools;
``(B) projects that are likely to result in improvement of
teacher preparation in the areas of mathematics and reading;
and
``(C) projects that are likely to prepare a significant
number of minority individuals, including language minority
individuals, and individuals with disabilities to be
effective teachers.
``(c) Second Five-Year Grants.--In selecting grantees to
receive second grants under this part, the Secretary shall
give a preference to applicants whose projects have resulted
in--
``(1) the placement and retention of a substantial number
of high-quality graduates in teaching positions in
underserved, high-poverty schools;
``(2) the adoption of effective teacher preparation
programs, particularly those meeting the needs of high-
poverty urban and rural ares, by the partner institutions;
and
``(3) effective partnerships with elementary and secondary
schools that are supporting improvements in student
achievement.

``evaluation

``Sec. 516. The Secretary shall provide for an evaluation
of the program carried out under this part, including an
assessment of such issues as--
``(1) the extent to which the activities carried out
through Lighthouse Partnership grants result in significant
and positive changes in the teacher preparation programs
operated by partner institutions, as well as improvements in
the programs operated by lead institutions, that are likely
to lead to improvements in teaching and learning;
``(2) the extent to which lighthouse Partnership grants
enhance the effectiveness, including the technological
proficiency, and the diversity, of students completing
teacher preparation programs in the institutions of higher
education participating in the grants; and
``(3) the involvement of elementary and secondary schools
and school districts serving concentrations of children from
low-income families in the activities carried out under this
part, and the extent to which those activities result in
benefits to those schools and districts, including
information on the extent to which involvement in the grants
improves the instructional programs and the educational
outcomes for students in those schools and districts.

``national activities

``Sec. 517. The Secretary may reserve up to 5 percent of
the funds appropriated to carry out this part for any fiscal
year for--
``(1) peer review of applications;
``(2) evaluation of the program under section 516, and
measurement of its effectiveness in accordance with the
Government Performance and Results Act of 1993;
``(3) conferences and networks of lighthouse partnerships,
and other entities, in order to facilitate the exchange of
information and ideas among the participating partnerships
and other institutions, agencies, and individuals, including
recipients of funds under part B of this title, who are
interested in the improvement of teacher preparation and
parallel improvements in principal and administrator
preparation; and
``(4) technical assistance and other activities to enhance
the success of the program carried out under this part or of
teacher education more generally.

``Part B--Recruiting New Teachers for Underserved Areas

``program authorized

``Sec. 521. From funds appropriated to carry out this part
under section 503(a)(2) for each fiscal year, the Secretary
shall make competitive grants to eligible applicants for
programs that--
``(1) provide scholarships and, as necessary, support
services for students with high potential to become
effective teachers, particularly minority students,
including language minority students, and students with
disabilities, seeking to complete teacher preparation
programs;
``(2) increase the quality and number of new teachers
nationally; and
``(3) increase the ability of schools in underserved areas
to recruit a qualified teaching staff.

``definitions

``Sec. 522. As used in this part, the following terms have
the following meanings:
``(1)(A) The term `eligible applicant' means a partnership
of--
``(i) an institution of higher education that grants
baccalaureate degrees and prepares teachers for their initial
entry into the teaching profession; and
``(ii) one or more local educational agencies that are in
underserved areas.
``(B) Such a partnership may also include--
``(i) two-year colleges that operate teacher preparation
programs and maintain articulation agreements, with the
baccalaureate-granting institution, for the transfer of
credits in teacher preparation;
``(ii) State agencies that have responsibility for policies
related to teacher preparation and licensure; and
``(iii) other public and private, nonprofit agencies and
organizations that serve, or are located in, communities
served by the local educational agencies in the partnership,
and that have an interest in teacher recruitment,
preparation, and induction.
``(2) The term `local educational agency' has the meaning
given that term in section 14101(18) of the Elementary and
Secondary Education Act of 1965.
``(3) The term `support service' includes--
``(A) academic advice and counseling;
``(B) tutorial services;
``(C) mentoring; and
``(D) child care and transportation, if funding for those
services cannot be arranged from other sources; and
``(4) The term `underserved area' means--
``(A) the three local educational agencies in the State
that have the highest numbers of children, ages 5 through 17,
from families below the poverty level (based on data
satisfactory to the Secretary); and
``(B) any other local educational agency in which the
percentage of such children is at least 20 percent, or the
number of such children is at least 10,000.

``grant conditions

``Sec. 523. (a) Grants Authorized.--(1)(A) The Secretary
shall carry out this part by making competitive grants to
eligible applicants.
``(B) Each grant under subparagraph (A) shall be for a
period not to exceed five years.
``(2) The Secretary shall--

[[Page S9799]]

``(A) make continuation awards, for the second and
succeeding years, only after determining that the grantee is
making satisfactory progress in carrying out the grant; and
``(B) conduct an intensive review of the grantee's
progress, with the assistance of outside experts, before
making the award for the fourth year of the grant.
``(3) No partnership may receive more than two grants under
this subsection.
``(b) Matching Requirement.--(1) The Federal share of the
cost of activities carried out under a grant made under
subsection (a) shall not exceed--
``(A) 90 percent of the cost in the first year of the
grant;
``(B) 80 percent in the second year;
``(C) 70 percent in the third year;
``(D) 60 percent in the fourth year; and
``(E) 50 percent in the fifth year and any succeeding year
(including each year of the second grant, if any).
``(2) The non-Federal share of activities carried out with
a grant under subsection (a) may be provided in cash or in
kind, fairly evaluated, and may be obtained from any non-
Federal public or private source.
``(c) Planning Grants.--(1) The Secretary may make planning
grants to eligible applicants that are not yet ready to
implement programs under subsection (a).
``(2) Each planning grant shall be for a period of not more
than one year, which shall be in addition to the period of
any grant under subsection (a).
``(3) Any recipient of a planning grant under this
subsection that wishes to receive a grant under subsection
(a)(1) shall separately apply for a competitive grant under
that subsection.

``grant applications

``Sec. 524. (a) Applications Required.--Any eligible
applicant desiring to receive a grant under this part shall
submit an application at such time, in such form, and
containing such information as the Secretary may require.
``(b) Application Contents.--Each application for a grant
under section 523(a) shall include--
``(1) a designation of the institution or agency, within
the partnership, that will serve as the fiscal agent for the
grant;
``(2) information on the quality of the institution's
teacher preparation program, which may include the types of
information described in section 513(c)(2), and how the
applicant will ensure, through improvements in its teacher
preparation practices or other appropriate strategies, that
scholarship recipients will receive high-quality preparation;
``(3) a description of the assessment the institution, the
local educational agency partners, and other partners have
undertaken--
``(A) to determine--
``(i) the most critical needs of the local educational
agencies, particularly the needs of schools in high-poverty
areas, for new teachers (which may include teachers in
particular subject areas or at certain grade levels,
including the prekindergarten level, minority teachers, and
teachers who are disabled who will contribute to the
diversity of the local educational agency's teachers, or
teachers who are fluent in languages spoken by students in
the local educational agency); and
``(ii) how the project carried out under the grant will
address those needs; and
``(B) that reflects the input of all significant entities
in the community (including organizations representing
teachers and parents) that have an interest in teacher
recruitment, preparation, and induction;
``(4) a description of the project the applicant will carry
out with the grant, including information on--
``(A) the recruitment and outreach efforts the applicant
will undertake to publicize the availability of scholarships
and other assistance under the program;
``(B)(i) the number and types of students that the
applicant will serve under the program, which may include
education paraprofessionals seeking to achieve full teacher
certification; teachers whom the partner local educational
agencies have hired under `emergency certification'
procedures; or former military personnel, mid-career
professionals, or AmeriCorps or Peace Corps volunteers, who
desire to enter teaching; and
``(ii) the criteria that the applicant will use in
selecting those students, including criteria to determine
whether individuals have the capacity to benefit from the
program, complete teacher certification requirements, and
become effective teachers;
``(C) the activities the applicant will carry out under the
grant, including a description of, and justification for, any
support services the institution will offer to participating
students;
``(D) the number and funding range of the scholarships the
institution will provide to students; and
``(E) the procedures the institution will establish for
entering into, and enforcing, agreements with scholarship
recipients regarding their fulfillment of the service
commitment described in section 529;
``(5) a description of how the institution will use funds
provided under the grant only to increase the number of
students with high potential to be effective teachers,
participating in its teacher preparation programs, or in the
particular type or types of preparation programs that the
grant would support, or to increase the number of their
graduates with high potential to be effective teachers who
are minority individuals, including language minority
individuals, or individuals with disabilities;
``(7) a description of commitments, by the partner local
educational agencies, to hire qualified scholarship
recipients in their schools and in the subject areas or grade
levels for which the recipients will be trained, and
description of the actions the grantee institution, the local
educational agencies, and the other partners will take to
facilitate the successful transition of those recipients into
teaching; and
``(8) a description of the applicant's plan for
institutionalizing the activities it is carrying out under
this part, so that those activities will continue once
Federal funding ceases.

``USES OF FUNDS

``Sec. 525. In General.--Each grantee under section 523 (a)
shall use the grant funds for the following:
``(1) Scholarships to help students pay the costs of
tuition, room, board, and other expenses of completing a
teacher preparation program.
``(2) Support services, if needed to enable scholarship
recipients to complete postsecondary education programs.
``(3) Follow-up services provided to former schoalrship
recipients during their first three years of teaching.
``(4) Payments to partner local educational agencies, if
needed to enable them to permit paraprofessional staff to
participate in teacher preparation programs (such as the cost
of `release time' for those staff).
``(5) If appropriate, and if no other funds are available,
paying the costs of additional courses taken by former
scholarship recipients during their initial three years of
teaching.
``(b) Planning Grants.--A recipient of a planning grant
under section 523(c) shall use the grant funds for the costs
of planning for the implementation of a grant under section
523(a).

``SELECTION OF APPLICANTS

``Sec. 526. (a) Peer Review.--The Secretary, using a peer
review process, shall select applicants to receive funding
under this part on the basis of--
``(1) the quality of the teacher preparation program
offered by the institution;
``(2) the quality of the program that would be carried out
under the application; and
``(3) the capacity of the partnership to carry out the
grant successfully.
``(b) Criteria.--(1) making selections, the Secretary shall
seek to ensure that--
``(A) in the aggregate, grantees carry out a variety of
approaches to preparing new teachers; and
``(B) there is an equitable geographic distribution of
awards.
``(2) In addition to complying with paragraph (1), the
Secretary shall give special consideration to--
``(A) applications most likely to result in the preparation
of increased numbers of individuals with high potential for
effective teaching who are minority individuals, including
language minority individuals, and individuals with
disabilities; and
``(B) applications from historically black colleges and
universities, Hispanic-serving institutions, and Tribal
Colleges and Universities, as defined in title III of this
Act.
``(c) Second Five-Year Grants.--In selecting grantees to
receive second grants under this part, the Secretary shall
give a preference to applicants whose projects have resulted
in--
``(1) the placement and retention of a substantial number
of high-quality graduates in teaching positions in
undeserved, high-poverty schools;
``(2) the adoption of effective programs that meet the
teacher preparation needs of high-poverty urban and rural
areas; and
``(3) effective partnerships with elementary and secondary
schools that are supporting improvements in student
achievement.

``duration and amount of assistance; relation to other assistance

``Sec. 527. (a) Duration of Assistance.--No individual may
receive scholarship assistance under this part--
``(1) for more than five years of postsecondary education;
and
``(2) unless that individual satisfies the requirements of
section 484(a)(5) of this Act.
``(b) Amount of Assistance.--No individual may receive an
award under this program that exceeds the cost of attendance,
as defined in section 472 of this Act, at the institution the
individual is attending.
``(c) Relation to Other Assistance.--A scholarship awarded
under this part--
``(1) shall not be reduced on the basis of the individual's
receipt of other forms of Federal student financial
assistance; and
``(2) shall be regarded as other financial assistance
available to the student, within the meaning of sections
471(3) and 480(j)(1) of this Act, in determining the
student's eligibility for grant, loan, or work assistance
under title IV of this Act.

``scholarship conditions

``Sec. 528. (a) In General.--A recipient of a scholarship
under this part shall continue to receive the assistance only
as long as he or she is--
``(1) enrolled as a full-time student and pursuing a course
of study leading to teacher certification, unless he or she
is working in a public school (as a paraprofessional, or as a
teacher under emergency credentials) while participating in
the program; and
``(2) maintaining satisfactory progress as determined by
the institution.

[[Page S9800]]

``(b) Special Rule.--Each grantee shall modify the
application of section 527(a)(1) and of subsection (a)(1) of
this section to the extent necessary to accommodate the
rights of students with disabilities under section 504 of the
Rehabilitation Act of 1973.

``service requirements

``Sec. 529. (a) Requirement.--Each partnership receiving a
grant under this part shall enter into an agreement, with
each student to whom it awards a scholarship under this part,
providing that a scholarship recipient who completes a
teacher preparation program under this part shall, within
five years of completing that program, teach full-time for at
least three years in a high-poverty school in an underserved
geographic area or repay the amount of the scholarship, under
the terms and conditions established by the Secretary.
``(b) Regulations.--The Secretary shall prescribe
regulations relating to the requirements of subsection (a),
including any provisions for waiver of those requirements.

``evaluation

``Sec. 530. The Secretary shall provide for an evaluation
of the program carried out under this part, which shall
assess such issues as--
``(1) whether institutions taking part in the partnerships
are successful in preparing scholarship recipients to teach
to high State and local standards;
``(2) whether scholarship recipients are successful in
completing teacher preparation programs, becoming fully
certified teachers, and obtaining teaching positions in
underserved areas, and whether they continue teaching in
those areas over a period of years;
``(3) the national impact of the program in assisting local
educational agencies in underserved areas to recruit,
prepare, and retain diverse, high-quality teachers in the
areas in which they have the greatest needs;
``(4) the long-term impact of the grants on teacher
preparation programs conducted by grantees and on grantees'
relationships with their partner local educational agencies
and other partners; and
``(5) the relative effectiveness of different approaches
for preparing new teachers to teach in underserved areas,
including their effectiveness in preparing new teachers to
teach to high content and performance standards.

``national activities

``Sec. 531. The Secretary may retain up to five percent of
the funds appropriated for this part for any fiscal year
for--
``(1) peer review of applications;
``(2) conducting the evaluation required under section 530;
and
``(3) technical assistance and other activities to
facilitate the exchange of information and ideas among
participating partnerships, and other activities to enhance
the success of the program carried out under this part.''.

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