[Congressional Record Volume 144, Number 108 (Tuesday, August 4, 1998)]
[House]
[Pages H7179-H7180]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                               AMENDMENTS

  Under clause 6 of rule XXIII, proposed amendments were submitted as 
follows:

                               H.R. 3892

                         Offered By: Mr. Riggs

       Amendment No. 1: Page 5, line 17, strike ``subpart,'' and 
     insert ``subpart (except for section 7124(a)(2)),''.
       Page 6, after line 2, insert the following:
       ``(c) Authorization of Appropriations for Supplemental 
     Allotments.--For the purpose of carrying out section 
     7124(a)(2), there are authorized to be appropriated such sums 
     as may be necessary for fiscal year 1999 and each of the 4 
     succeeding fiscal years.
       Page 8, line 10, after ``grant'' insert ``(excluding any 
     amount allotted to the State under section 7124(a)(2))''.
       Page 13, after line 18, insert the following:
       ``(E) Developing tutoring programs for English language 
     learners that provide early intervention and intensive 
     instruction in order to improve academic achievement, to 
     increase graduation rates among English language learners, 
     and to prepare students for transition as soon as possible 
     into classrooms where instruction is not tailored for English 
     language learners or immigrant children and youth.
       Page 13, line 19, strike ``(E)'' and insert ``(F)''.
       Page 17, line 17, strike ``and''
       Page 17, line 19, strike the period at the end and insert 
     ``; and''.
       Page 17, after line 19, insert the following:
       ``(C) the number and percentage of students in the programs 
     and activities mastering the English language by the end of 
     each school year.
       Page 19, after line 2, insert the following:
       ``(4) Evaluation measures.--In prescribing the form of an 
     evaluation provided by an entity under paragraph (1), a State 
     shall approve evaluation measures for use under paragraph (3) 
     that are designed to assess--
       ``(A) oral language proficiency in kindergarten;
       ``(B) oral language proficiency, including speaking and 
     listening skills, in first grade; and
       ``(C) both oral language proficiency, including speaking 
     and listening skills, and reading and writing proficiency in 
     grades two and higher.
       Page 19, strike lines 4 through 15 and insert the 
     following:
       ``(a) In General.--
       ``(1) Basic allotments.--Except as provided in subsections 
     (b), (c), and (d), from the sum available for the purpose of 
     making grants to States under this chapter for any fiscal 
     year (excluding amounts made available under section 
     7111(c)), the Secretary shall allot to each State (excluding 
     the Commonwealth of Puerto Rico and the outlying areas) that, 
     in accordance with section 7122, submits to the Secretary an 
     application for the year an amount which bears the same ratio 
     to such sum as the total number of children and youth who are 
     English language learners and immigrant children and youth 
     and who reside in the State bears to the total number of such 
     children and youth residing in all such States.
       ``(2) Supplemental allotments for certain states with large 
     populations of affected children and youth.--
       ``(A) In general.--In addition to any amount allotted to a 
     State under paragraph (1), from the sum made available for 
     any fiscal year under section 7111(c), the Secretary shall 
     allot to each State described in paragraph (1) that is a 
     qualified State an amount which bears the same ratio to such 
     sum as the number described in subparagraph (C)(i) with 
     respect to the State bears to the total of such numbers with 
     respect to all such qualified States.
       ``(B) Required expenditures.--The Secretary may make a 
     grant to a State under section 7121(a) consisting, in part, 
     of an allotment determined under subparagraph (A) only if the 
     State agrees--
       ``(i) to expend 100 percent of the amount of such allotment 
     for the purpose of making subgrants to local educational 
     agencies to provide assistance to children and youth who are 
     English language learners and immigrant children and youth in 
     accordance with section 7123; and
       ``(ii) that, in making subgrants under clause (i), the 
     State shall award funds only to those applicants that are 
     local educational agencies with the highest ratios of--

       ``(I) the total number of children and youth who are 
     English language learners and immigrant children and youth 
     residing in the geographic area served by the agency; to
       ``(II) the total number of children and youth residing in 
     such area.

       ``(C) Qualified state defined.--For purposes of this 
     paragraph, the term `qualified State' means a State 
     (excluding the Commonwealth of Puerto Rico and the outlying 
     areas) with respect to which the ratio (expressed as a 
     percentage) of--
       ``(i) the total number of children and youth enrolled in 
     public and private elementary and secondary schools in the 
     State who are English language learners or immigrant children 
     and youth; to
       ``(ii) the total number of children and youth enrolled in 
     such schools in the State;
     equals or exceeds 10 percent (based on the most recent school 
     enrollment data available to, and reported to the Secretary 
     by, the State).
       Page 19, line 19, strike ``1.5'' and insert ``.025''.
       Page 20, after line 13, insert the following:
       ``(d) Minimum Allotment.--
       ``(1) In general.--Notwithstanding subsections (a) through 
     (c), the Secretary shall not allot to any State--
       ``(A) for fiscal years 1999 and 2000, an amount that is 
     less than 100 percent of the baseline amount for the State;
       ``(B) for fiscal year 2001, an amount that is less than 95 
     percent of the baseline amount for the State;
       ``(C) for fiscal year 2002, an amount that is less than 90 
     percent of the baseline amount for the State; and
       ``(D) for fiscal year 2003, an amount that is less than 85 
     percent of the baseline amount for the State.
       ``(2) Baseline amount defined.--For purposes of this 
     subsection, the term `baseline amount', when used with 
     respect to a State, means the total amount received under 
     parts A and C of this title for fiscal year 1998 by the 
     State, the State educational agency, and all local 
     educational agencies of the State.
       ``(3) Ratable reduction.--If the amount available for 
     allotment under this section for any fiscal year is 
     insufficient to permit the Secretary to comply with paragraph 
     (1), the Secretary shall ratably reduce the allotments to all 
     States for such year.
       Page 20, line 14, strike ```(d)'' and insert ```(e)''.
       Page 20, line 15, strike ``(a)'' and insert ``(a)(1)''.
       Page 20, line 24, strike ```(e)'' and insert ```(f)''.

                               H.R. 3892

                         Offered By: Mr. Riggs

       Amendment No. 2: Page 16, line 16, strike ``and''.
       Page 17, line 3, strike ``students.'' and insert 
     ``students; and''.
       Page 17, after line 3, insert the following:
       ``(F) the eligible entity is not in violation of any State 
     law, including State constitutional law, regarding the 
     education of English language learners.

                               H.R. 3892

                        Offered By: Mr. Bonilla

       Amendment No. 3: Page 30, line 10, strike ``(a)(3).'' and 
     insert ``(a)(3).'. ''.
       Beginning on page 30, strike line 11 through page 31, line 
     8.

                               H.R. 3892

                        Offered By: Mr. Hayworth

       Amendment No. 4: Page 30, after line 10, insert the 
     following (and redesignate any subsequent sections 
     accordingly):

     ``SEC. 7406. RULE OF CONSTRUCTION.

       ``Nothing in this Act shall be construed to limit the 
     preservation or use of Native American languages as defined 
     in the Native American Languages Act or Alaska Native 
     languages.''.

                               H.R. 3892

                    Offered By: Mrs. Mink of Hawaii

       Amendment No. 5: Page 24, line 21, strike ``or''.

[[Page H7180]]

       Page 25, line 2, strike ``program.'' and insert ``program; 
     or''.
       Page 25, after line 2, insert the following:
       ``(D) a State educational agency, in the case of a State 
     educational agency that also serves as a local educational 
     agency.

                               H.R. 3892

                   Offered By: Mr. Smith of Michigan

       Amendment No. 6: Page 13, after line 18, insert the 
     following:
       ``(E) Providing family literacy services to English 
     language learners and immigrant children and youth and their 
     families to improve their English language skills and assist 
     parents in helping their children to improve their academic 
     performance.
       Page 13, line 19, strike ``(E)'' and insert ``(F)''.
       Page 25, after line 21, insert the following (and 
     redesignate any subsequent paragraphs accordingly):
       ``(4) Family literacy services.--The term `family literacy 
     services' means services provided to participants on a 
     voluntary basis that are of sufficient intensity in terms of 
     hours, and of sufficient duration, to make sustainable 
     changes in a family (such as eliminating or reducing welfare 
     dependency) and that integrate all of the following 
     activities:
       ``(A) Interactive literacy activities between parents and 
     their children.
       ``(B) Equipping parents to partner with their children in 
     learning.
       ``(C) Parent literacy training, including training that 
     contributes to economic self-sufficiency.
       ``(D) Appropriate instruction for children of parents 
     receiving parent literacy services.''

                               H.R. 4274

                Offered By: Mr. English of Pennsylvania

       Amendment No. 3: Page 95, after line 17, insert the 
     following new section:
       Sec. 517. There are appropriated for carrying out the Low-
     Income Home Energy Assistance Act of 1981 $1,000,000,000, to 
     be derived by hereby reducing by 2.817 percent each of the 
     amounts appropriated by this Act that are not required by law 
     to be appropriated.

                               H.R. 4276

                       Offered by: Mr. Blumenauer

       Amendment No. 46: Page 96, line 6, after ``studies'' insert 
     the following: ``and of the amount so appropriated, the 
     Commission shall expend such sums as may be necessary to 
     implement a truth in billing rulemaking, pursuant to its 
     authority under section 205 of the Communications Act of 1934 
     (47 U.S.C. 205), that will require any telecommunications 
     carrier that includes on any of the bills sent to its 
     customers a charge described in the next sentence shall (1) 
     specify in the bill imposing such charge any reduction in 
     charges or fees allocable to all classes of customers 
     (including customers of residential basic service, customers 
     of other residential services, small business customers, and 
     other business customers) by reason of any regulatory action 
     of the Federal Government; and (2) submit to the Federal 
     Communications Commission the reports required to be 
     submitted by the carrier to the Securities and Exchange 
     Commission under sections 13(a) and 15(d) of the Securities 
     and Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)). Clauses 
     (1) and (2) of the preceding sentence shall apply in the case 
     of the following charges: (A) any specific charge included 
     after June 30, 1997, if the imposition of the charge is 
     attributed to a regulatory action of the Federal Government; 
     and (B) any specific charge included before that date if the 
     description of the charge is changed after that date to 
     attribute the imposition of the charge to a regulatory action 
     of the Federal Government''.

                               H.R. 4276

                    Offered by: Ms. Brown of Florida

       Amendment No. 47: Page 63, after line 2, insert the 
     following new section:
       Sec. 211. It is the sense of Congress that the Secretary of 
     Commerce, in carrying out the census for the year 2000, 
     should consult with, and seek the assistance of, the 
     Secretary of Veterans Affairs in finding ways to facilitate 
     the enumeration of homeless veterans and their families, 
     particularly through the use of Vet Centers operated under 
     section 1712A of title 38, United States Code.

                               H.R. 4276

                  Offered by: Ms. Jackson-Lee of Texas

       Amendment No. 48: Page 11, line 14, insert ``(increased by 
     $500,000)'' after ``$6,699,000''.
       Page 2, line 7, insert ``(decreased by $500,000)'' after 
     ``$79,448,000''.

                               H.R. 4276

                        Offered by: Mr. Kucinich

       Amendment No. 49: At the end of the bill, insert after the 
     last section (preceding the short title) the following:

                TITLE IX--ADDITIONAL GENERAL PROVISIONS

       Sec. 901. None of the funds made available in this Act may 
     be used for the filing of a complaint, or any motion seeking 
     declaratory or injunctive relief pursuant thereto, in any 
     legal action brought under section 102(b)(2) of the North 
     American Free Trade Agreement Implementation Act (19 U.S.C. 
     3312(b)(2)) or section 102(b)(2) of the Uruguay Round 
     Agreements Act (19 U.S.C. 3512(b)(2)).

                               H.R. 4276

                        Offered by: Mr. McIntosh

       Amendment No. 50: At the end of the bill (immediately 
     before the short title), insert the following new section:
       Sec.   . None of the funds appropriated or otherwise made 
     available by this Act may be used for any activity of the 
     Standing Consultative Commission to implement the Memorandum 
     of Understanding Relating to the Treaty Between the United 
     States of America and the Union of Soviet Socialist Republics 
     on the Limitation of Anti-Ballistic Missile Systems of May 
     26, 1972, entered into in New York on September 26, 1997, by 
     the United States, Russia, Kazakhstan, Belarus, and Ukraine.