[Congressional Record Volume 146, Number 54 (Thursday, May 4, 2000)]
[Senate]
[Pages S3547-S3552]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

                                 ______
                                 

                     EDUCATIONAL OPPORTUNITIES ACT

                                 ______
                                 

                ABRAHAM (AND OTHERS) AMENDMENT NO. 3117

  Mr. ABRAHAM (for himself, Mr. Mack, Mr. Coverdell, and Mr. 
Fitzgerald) proposed an amendment to the bill (S. 2) to extend programs 
and activities under the Elementary and Secondary Education Act of 
1965; as follows:

       Beginning on page 203, line 8, strike all through the 
     period on page 213, line 15 and insert the following:
       ``(11)(A) Reforming teacher tenure systems.
       ``(B) Establishing teacher compensation systems based on 
     merit and proven performance.
       ``(C) Testing teachers periodically in the academic 
     subjects in which the teachers teach.
       ``(b) Coordination.--A State that receives a grant to carry 
     out this subpart and a grant under section 202 of the Higher 
     Education Act of 1965 shall coordinate the activities carried 
     out under this section and the activities carried out under 
     that section 202.

     ``SEC. 2014. APPLICATIONS BY STATES.

       ``(a) In General.--To be eligible to receive a grant under 
     this subpart, a State shall submit an application to the 
     Secretary at such time, in such manner, and containing such 
     information as the Secretary may reasonably require.
       ``(b) Contents.--Each application submitted under this 
     section shall include the following:
       ``(1) A description of how the State will ensure that a 
     local educational agency receiving a subgrant to carry out 
     subpart 3 will comply with the requirements of such subpart.
       ``(2)(A) An assurance that the State will measure the 
     annual progress of the local educational agencies and schools 
     in the State with respect to--
       ``(i) improving student academic achievement and student 
     performance, in accordance with content standards and student 
     performance standards established under part A of title I;
       ``(ii) closing academic achievement gaps, reflected in 
     disaggregated data described in section 1111(b)(3)(I), 
     between minority and non-minority groups and low-income and 
     non-low-income groups; and
       ``(iii) improving performance on other specific indicators 
     for professional development, such as increasing the 
     percentage of classes in core academic subjects that are 
     taught by highly qualified teachers.
       ``(B) An assurance that the State will require each local 
     educational agency and school in the State receiving funds 
     under this part to publicly report information on the 
     agency's or school's annual progress, measured as described 
     in subparagraph (A).
       ``(3) A description of how the State will hold the local 
     educational agencies and schools accountable for making 
     annual progress as described in paragraph (2), subject to 
     part A of title I.
       ``(4)(A) A description of how the State will coordinate 
     professional development activities authorized under this 
     part with professional development activities provided under 
     other Federal, State, and local programs, including those 
     authorized under--
       ``(i) titles I and IV, part A of title V, and part A of 
     title VII; and
       ``(ii) where applicable, the Individuals with Disabilities 
     Education Act, the Carl D. Perkins Vocational and Technical 
     Education Act of 1998, and title II of the Higher Education 
     Act of 1965.
       ``(B) A description of the comprehensive strategy that the 
     State will use as part of the effort to carry out the 
     coordination, to ensure that teachers, paraprofessionals, and 
     principals are trained in the utilization of technology so 
     that technology and technology applications are effectively 
     used in the classroom to improve teaching and learning in all 
     curriculum areas and academic subjects, as appropriate.
       ``(5) A description of how the State will encourage the 
     development of proven, innovative strategies to deliver 
     intensive professional development programs that are both 
     cost-effective and easily accessible, such as through the use 
     of technology and distance learning.
       ``(6) A description of how the activities to be carried out 
     by the State under this subpart will be based on a review of 
     relevant research and an explanation of why the activities 
     are expected to improve student performance and outcomes.
       ``(c) Application Submission.--A State application 
     submitted to the Secretary under this section shall be 
     approved by the Secretary unless the Secretary makes a 
     written determination, within 90 days after receiving the 
     application, that the application is in violation of the 
     provisions of this Act.

            ``Subpart 2--Subgrants to Eligible Partnerships

     ``SEC. 2021. PARTNERSHIP GRANTS.

       ``(a) In General.--From the portion described in section 
     2012(c)(2)(A), the State agency for higher education, working 
     in conjunction with the State educational agency (if such 
     agencies are separate), shall award subgrants on a 
     competitive basis under section 2012(c) to eligible 
     partnerships to enable such partnerships to carry out 
     activities described in subsection (b). The State agency for 
     higher education shall ensure that such subgrants shall be 
     equitably distributed by geographic area within the State, or 
     ensure that eligible partnerships in all geographic areas 
     within the State are served through the grants.
       ``(b) Use of Funds.--An eligible partnership that receives 
     funds under section 2012 shall use the funds for--
       ``(1) professional development activities in core academic 
     subjects to ensure that teachers, paraprofessionals, and, if 
     appropriate, principals have content knowledge in the 
     academic subjects that the teachers teach; and
       ``(2) developing and providing assistance to local 
     educational agencies and individuals who are teachers, 
     paraprofessionals or principals of public and private schools 
     served by each such agency, for sustained, high-quality 
     professional development activities that--
       ``(A) ensure that the agencies and individuals are able to 
     use State content standards, performance standards, and 
     assessments to improve instructional practices and improve 
     student academic achievement and student performance; and
       ``(B) may include intensive programs designed to prepare 
     such individuals who will return to a school to provide such 
     instruction to other such individuals within such school.
       ``(c) Special Rule.--No single participant in an eligible 
     partnership may use more than 50 percent of the funds made 
     available to the partnership under section 2012.
       ``(d) Coordination.--An eligible partnership that receives 
     a grant to carry out this subpart and a grant under section 
     203 of the Higher Education Act of 1965 shall coordinate the 
     activities carried out under this

[[Page S3548]]

     section and the activities carried out under that section 
     203.
       ``(e) Eligible Partnership.--In this section, the term 
     `eligible partnership' means an entity that--
       ``(1) shall include--
       ``(A) a private or State institution of higher education 
     and the division of the institution that prepares teachers;
       ``(B) a school of arts and sciences; and
       ``(C) a high need local educational agency; and
       ``(2) may include other local educational agencies, a 
     public charter school, a public or private elementary school 
     or secondary school, an educational service agency, a public 
     or private nonprofit educational organization, other 
     institutions of higher education, a school of arts and 
     sciences within such an institution, the division of such an 
     institution that prepares teachers, a nonprofit cultural 
     organization, an entity carrying out a prekindergarten 
     program, a teacher organization, or a business.

          ``Subpart 3--Subgrants to Local Educational Agencies

     ``SEC. 2031. LOCAL USE OF FUNDS.

       ``(a) Required Activities.--
       ``(1) In general.--Each local educational agency that 
     receives a subgrant to carry out this subpart shall use the 
     subgrant to carry out the activities described in this 
     subsection.
       ``(2) Required professional development activities.--
       ``(A) Mathematics and science.--
       ``(i) In general.--Each local educational agency that 
     receives a subgrant to carry out this subpart shall use a 
     portion of the funds made available through the subgrant for 
     professional development activities in mathematics and 
     science in accordance with section 2032.
       ``(ii) Grandfather of old waivers.--A waiver provided to a 
     local educational agency under part D of title XIV prior to 
     the date of enactment of the Educational Opportunities Act 
     shall be deemed to be in effect until such time as the waiver 
     otherwise would have ceased to be effective.
       ``(B) Professional development activities.--Each local 
     educational agency that receives a subgrant to carry out this 
     subpart shall use a portion of the funds made available 
     through the subgrant for professional development activities 
     that give teachers, paraprofessionals, and principals the 
     knowledge and skills to provide students with the opportunity 
     to meet challenging State or local content standards and 
     student performance standards. Such activities shall be 
     consistent with section 2032.
       ``(b) Allowable Activities.--Each local educational agency 
     that receives a subgrant to carry out this subpart may use 
     the funds made available through the subgrant to carry out 
     the following activities:
       ``(1) Recruiting and hiring certified or licensed teachers, 
     including teachers certified through State and local 
     alternative routes, in order to reduce class size, or hiring 
     special education teachers.
       ``(2) Initiatives to assist in recruitment of highly 
     qualified teachers who will be assigned teaching positions 
     within their fields, including--
       ``(A) providing signing bonuses or other financial 
     incentives, such as differential pay, for teachers to teach 
     in academic subjects in which there exists a shortage of such 
     teachers within a school or the area served by the local 
     educational agency;
       ``(B) establishing programs that--
       ``(i) recruit professionals from other fields and provide 
     such professionals with alternative routes to teacher 
     certification; and
       ``(ii) provide increased opportunities for minorities, 
     individuals with disabilities, and other individuals 
     underrepresented in the teaching profession; and
       ``(C) implementing hiring policies that ensure 
     comprehensive recruitment efforts as a way to expand the 
     applicant pool of teachers, such as identifying teachers 
     certified through alternative routes, and by implementing a 
     system of intensive screening designed to hire the most 
     qualified applicants.
       ``(3) Initiatives to promote retention of highly qualified 
     teachers and principals, including--
       ``(A) programs that provide mentoring to newly hired 
     teachers, such as mentoring from master teachers, and to 
     newly hired principals; and
       ``(B) programs that provide other incentives, including 
     financial incentives, to retain teachers who have a record of 
     success in helping low-achieving students improve their 
     academic success.
       ``(4) Programs and activities that are designed to improve 
     the quality of the teacher force, and the abilities of 
     paraprofessionals and principals, such as--
       ``(A) innovative professional development programs (which 
     may be through partnerships including institutions of higher 
     education), including programs that train teachers, 
     paraprofessionals, and principals to utilize technology to 
     improve teaching and learning, that are consistent with the 
     requirements of section 2032;
       ``(B) development and utilization of proven, cost-effective 
     strategies for the implementation of professional development 
     activities, such as through the utilization of technology and 
     distance learning;
       ``(C) professional development programs that provide 
     instruction in how to teach children with different learning 
     styles, particularly children with disabilities and children 
     with special learning needs (including children who are 
     gifted and talented); and
       ``(D) professional development programs that provide 
     instruction in how best to discipline children in the 
     classroom and identify early and appropriate interventions to 
     help children described in subparagraph (C) to learn.
       ``(5) Activities that provide teacher opportunity payments, 
     consistent with section 2033.
       ``(6) Programs and activities related to--
       ``(A) reforming teacher tenure systems;
       ``(B) establishing teacher compensation systems based on 
     merit and proven performance; and
       ``(C) testing teacher periodically in the academic subjects 
     in which the teachers teach.''
                                 ______
                                 

                KENNEDY (AND MURRAY) AMENDMENT NO. 3118

  Mr. KENNEDY (for himself and Mrs. Murray) proposed an amendment to 
the bill, S. 2, supra; as follows:

       On page 1 of the amendment in line 4, strike all after 
     ``Reforming'' through the end of the amendment and insert the 
     following:
       ``and implementing merit schools programs for rewarding all 
     teachers in schools that improve student achievement for all 
     students, including the lowest achieving students;
       ``(B) Providing incentives and subsidies for helping 
     teachers gain advanced degrees in the academic fields in 
     which the teachers teach;
       ``(C) Implementing rigorous peer review, evaluation, and 
     recertification programs for teachers; and
       ``(D) Providing incentives for highly qualified teachers to 
     teach in the neediest schools.''
                                 ______
                                 

                CAMPBELL (AND OTHERS) AMENDMENT NO. 3119

  (Ordered to lie on the table.)
  Mr. CAMPBELL (for himself, Ms. Coverdell, and Mr. Akaka) submitted an 
amendment intended to be proposed by them to the bill, S. 2, supra; as 
follows:

       On page 252, line 12, strike ``and'' after the semicolon.
       On page 252, line 18, strike the period and insert ``; 
     and''.
       On page 252, insert between lines 18 and 19 the following:
       ``(F) a description of how the school or consortium will 
     encourage and use appropriately qualified seniors as 
     volunteers in activities identified under section 3105.''.
       On page 286, line 17, insert ``and appropriately qualified 
     senior volunteers'' after ``personnel''.
       On page 342, line 25, strike ``and'' after the semicolon.
       On page 343, line 3, strike the period and insert ``; 
     and''.
       On page 343, between lines 3 and 4, insert the following:
       ``(15) drug and violence prevention activities that use the 
     services of appropriately qualified seniors for activities 
     that include mentoring, tutoring, and volunteering.''.
       On page 351, lines 6 and 7, insert ``(including mentoring 
     by appropriately qualified seniors)'' after ``mentoring''.
       On page 351, line 22, strike ``and'' after the semicolon.
       On page 352, line 2, insert ``and'' after the semicolon.
       On page 352, between lines 2 and 3, insert the following:
       ``(iii) drug and violence prevention activities that use 
     the services of appropriately qualified seniors for such 
     activities as mentoring, tutoring, and volunteering;''.
       On page 353, line 7, insert ``(including mentoring by 
     appropriately qualified seniors) after ``mentoring 
     programs''.
       On page 354, line 12, insert ``and which may involve 
     appropriately qualified seniors working with students'' after 
     ``settings''.
       On page 364, line 15, insert ``, including projects and 
     activities that promote the interaction of youth and 
     appropriately qualified seniors'' after ``responsibility''.
       On page 365, line 4, insert ``, including activities that 
     integrate appropriately qualified seniors in activities, such 
     as mentoring, tutoring, and volunteering'' after ``title''.
       On page 756, line 12, strike ``and'' after the semicolon.
       On page 756, line 13, strike the period and insert ``; 
     and''.
       On page 756, between lines 13 and 14, insert the following:
       ``(12) activities that recognize and support the unique 
     cultural and educational needs of Indian children, and 
     incorporate appropriately qualified tribal elders and 
     seniors.''.
       On page 778, line 7, strike ``or'' after the semicolon.
       On page 778, between lines 7 and 8, insert the following:
       ``(L) activities that recognize and support the unique 
     cultural and educational needs of Indian children, and 
     incorporate appropriately qualified tribal elders and 
     seniors; or''.
       On page 778, line 8, strike ``(L)'' and insert ``(M)''.
       On page 782, line 21, strike the period and insert ``, and 
     may include programs designed to train tribal elders and 
     seniors.''.
       On page 830, line 22, strike ``and'' after the semicolon.
       On page 830, line 24, insert ``and'' after the semicolon.

[[Page S3549]]

       On page 830, after line 24, insert the following:
       ``(iv) programs that recognize and support the unique 
     cultural and educational needs of Native Hawaiian children, 
     and incorporate appropriately qualified Native Hawaiian 
     elders and seniors;''.
       On page 840, line 17, strike ``and'' after the semicolon.
       On page 840, line 21, insert ``and'' after the semicolon.
       On page 840, between lines 21 and 22, insert the following:
       ``(iii) may include activities that recognize and support 
     the unique cultural and educational needs of Alaskan Native 
     children, and incorporate appropriately qualified Alaskan 
     Native elders and seniors;''.
                                 ______
                                 

                    WYDEN AMENDMENTS NOS. 3120-3121

  (Ordered to lie on the table.)
  Mr. WYDEN submitted two amendments intended to be proposed by him to 
the bill, S. 2, supra; as follows:

                           Amendment No. 3120

       At the appropriate place, insert the following:

     SEC. ____. DETENTION OF JUVENILES WHO UNLAWFULLY POSSESS 
                   FIREARMS IN SCHOOLS.

       Section 4112(a) of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 7112(a)) is amended--
       (1) in paragraph (4), by striking ``and'' at the end;
       (2) by redesignating paragraph (5) as paragraph (6); and
       (3) by inserting after paragraph (4) the following:
       ``(5) contains an assurance that the State has in effect a 
     policy or practice that requires State and local law 
     enforcement agencies to detain in an appropriate juvenile 
     community-based placement or in an appropriate juvenile 
     justice facility, for not less than 24 hours, any juvenile 
     who unlawfully possesses a firearm in a school, upon a 
     finding by a judicial officer that the juvenile may be a 
     danger to himself or herself or to the community; and''.
                                  ____


                           Amendment No. 3121

       On page 489, strike lines 1 and 2 and insert the following:

  ``PART G--FUND FOR THE IMPROVEMENT OF EDUCATION AND RELATED PROGRAMS

           ``Subpart 1--Fund for the Improvement of Education

       On page 515, between lines 9 and 10, insert the following:

     ``SEC. 5711. SHORT TITLE.

       ``This subpart may be cited as the `Student Education 
     Enrichment Demonstration Act'.

     ``SEC. 5712. FINDINGS.

       ``Congress finds that--
       ``(1) States are establishing new and higher academic 
     standards for students in kindergarten through grade 12;
       ``(2) no Federal funding streams are specifically designed 
     to help States and school districts with the costs of 
     providing students who are struggling academically, with the 
     extended learning time and accelerated curricula that the 
     students need to meet high academic standards;
       ``(3) forty-eight States now require State accountability 
     tests to determine student grade-level performance and 
     progress;
       ``(4) nineteen States currently rate the performance of all 
     schools or identify low-performing schools through State 
     accountability tests;
       ``(5) sixteen States now have the power to close, take 
     over, or overhaul chronically failing schools on the basis of 
     those tests;
       ``(6) fourteen States provide high-performing schools with 
     monetary rewards on the basis of those tests;
       ``(7) nineteen States currently require students to pass 
     State accountability tests to graduate from high school;
       ``(8) six States currently link student promotion to 
     results on State accountability tests;
       ``(9) excessive percentages of students are not meeting 
     their State standards and are failing to perform at high 
     levels on State accountability tests; and
       ``(10) while the Chicago Public School District implemented 
     the Summer Bridge Program to help remediate their students in 
     1997, no State has yet created and implemented a similar 
     program to complement the education accountability programs 
     of the State.

     ``SEC. 5713. PURPOSE.

       ``The purpose of this subpart is to provide Federal support 
     through a new demonstration program to States and local 
     educational agencies, to enable the States and agencies to 
     develop models for high quality summer academic enrichment 
     programs that are specifically designed to help public school 
     students who are not meeting State-determined performance 
     standards.

     ``SEC. 5714. DEFINITIONS.

       ``In this subpart:
       ``(1) Elementary school; secondary school; local 
     educational agency; state educational agency.--The terms 
     `elementary school', `secondary school', `local educational 
     agency', and `State educational agency' have the meanings 
     given the terms in section 3.
       ``(2) Secretary.--The term `Secretary' means the Secretary 
     of Education.
       ``(3) Student.--The term `student' means an elementary 
     school or secondary school student.

     ``SEC. 5715. GRANTS TO STATES.

       ``(a) In General.--The Secretary shall establish a 
     demonstration program through which the Secretary shall make 
     grants to State educational agencies, on a competitive basis, 
     to enable the agencies to assist local educational agencies 
     in carrying out high quality summer academic enrichment 
     programs as part of statewide education accountability 
     programs.
       ``(b) Eligibility and Selection.--
       ``(1) Eligibility.--For a State educational agency to be 
     eligible to receive a grant under subsection (a), the State 
     served by the State educational agency shall--
       ``(A) have in effect all standards and assessments required 
     under section 1111; and
       ``(B) compile and annually distribute to parents a public 
     school report card that, at a minimum, includes information 
     on student and school performance for each of the assessments 
     required under section 1111.
       ``(2) Selection.--In selecting States to receive grants 
     under this section, the Secretary shall make the selections 
     in a manner consistent with the purpose of this subpart.
       ``(c) Application.--
       ``(1) In general.--To be eligible to receive a grant under 
     this section, a State educational agency shall submit an 
     application to the Secretary at such time, in such manner, 
     and containing such information as the Secretary may require.
       ``(2) Contents.--Such application shall include--
       ``(A) information describing specific measurable goals and 
     objectives to be achieved in the State through the summer 
     academic enrichment programs carried out under this subpart, 
     which may include specific measurable annual educational 
     goals and objectives relating to--
       ``(i) increased student academic achievement;
       ``(ii) decreased student dropout rates; or
       ``(iii) such other factors as the State educational agency 
     may choose to measure; and
       ``(B) information on criteria, established or adopted by 
     the State, that--
       ``(i) the State will use to select local educational 
     agencies for participation in the summer academic enrichment 
     programs carried out under this subpart; and
       ``(ii) at a minimum, will assure that grants provided under 
     this subpart are provided to--

       ``(I) the local educational agencies in the State that have 
     the highest percentage of students not meeting basic or 
     minimum required standards for State assessments required 
     under section 1111;
       ``(II) local educational agencies that submit grant 
     applications under section 5716 describing programs that the 
     State determines would be both highly successful and 
     replicable; and
       ``(III) an assortment of local educational agencies serving 
     urban, suburban, and rural areas.

     ``SEC. 5716. GRANTS TO LOCAL EDUCATIONAL AGENCIES.

       ``(a) In General.--
       ``(1) First year.--
       ``(A) In general.--For the first year that a State 
     educational agency receives a grant under this subpart, the 
     State educational agency shall use the funds made available 
     through the grant to make grants to eligible local 
     educational agencies in the State to pay for the Federal 
     share of the cost of carrying out the summer academic 
     enrichment programs, except as provided in subparagraph (B).
       ``(B) Technical assistance and planning assistance.--The 
     State educational agency may use not more than 5 percent of 
     the funds--
       ``(i) to provide to the local educational agencies 
     technical assistance that is aligned with the curriculum of 
     the agencies for the programs;
       ``(ii) to enable the agencies to obtain such technical 
     assistance from entities other than the State educational 
     agency that have demonstrated success in using the 
     curriculum; and
       ``(iii) to assist the agencies in planning activities to be 
     carried out under this subpart.
       ``(2) Succeeding years.--
       ``(A) In general.--For the second and third year that a 
     State educational agency receives a grant under this subpart, 
     the State educational agency shall use the funds made 
     available through the grant to make grants to eligible local 
     educational agencies in the State to pay for the Federal 
     share of the cost of carrying out the summer academic 
     enrichment programs, except as provided in subparagraph (B).
       ``(B) Technical assistance and planning assistance.--The 
     State educational agency may use not more than 5 percent of 
     the funds--
       ``(i) to provide to the local educational agencies 
     technical assistance that is aligned with the curriculum of 
     the agencies for the programs;
       ``(ii) to enable the agencies to obtain such technical 
     assistance from entities other than the State educational 
     agency that have demonstrated success in using the 
     curriculum; and
       ``(iii) to assist the agencies in evaluating activities 
     carried out under this subpart.
       ``(b) Application.--
       ``(1) In general.--To be eligible to receive a grant under 
     this section, a local educational agency shall submit an 
     application to the State educational agency at such time, in 
     such manner, and containing by such information as the 
     Secretary or the State may require.

[[Page S3550]]

       ``(2) Contents.--The State shall require that such an 
     application shall include, to the greatest extent 
     practicable--
       ``(A) information that--
       ``(i) demonstrates that the local educational agency will 
     carry out a summer academic enrichment program funded under 
     this section--

       ``(I) that provides intensive high quality programs that 
     are aligned with challenging State content and student 
     performance standards and that are focused on reinforcing and 
     boosting the core academic skills and knowledge of students 
     who are struggling academically, as determined by the State;
       ``(II) that focuses on accelerated learning, rather than 
     remediation, so that students served through the program will 
     master the high level skills and knowledge needed to meet the 
     highest State standards or to perform at high levels on all 
     State assessments required under section 1111;
       ``(III) that is based on, and incorporates best practices 
     developed from, research-based enrichment methods and 
     practices;
       ``(IV) that has a proposed curriculum that is directly 
     aligned with State content and student performance standards;
       ``(V) for which only teachers who are certified and 
     licensed, and are otherwise fully qualified teachers, provide 
     academic instruction to students enrolled in the program;
       ``(VI) that offers to staff in the program professional 
     development and technical assistance that are aligned with 
     the approved curriculum for the program; and
       ``(VII) that incorporates a parental involvement component 
     that seeks to involve parents in the program's topics and 
     students' daily activities; and

       ``(ii) may include--

       ``(I) the proposed curriculum for the summer academic 
     enrichment program;
       ``(II) the local educational agency's plan for recruiting 
     highly qualified and highly effective teachers to participate 
     in the program; and
       ``(III) a schedule for the program that indicates that the 
     program is of sufficient duration and intensity to achieve 
     the State's goals and objectives described in section 
     5715(c)(2)(A);

       ``(B) an outline indicating how the local educational 
     agency will utilize other applicable Federal, State, local, 
     or other funds, other than funds made available through the 
     grant, to support the program;
       ``(C) an explanation of how the local educational agency 
     will ensure that only highly qualified personnel who 
     volunteer to work with the type of student targeted for the 
     program will work with the program and that the instruction 
     provided through the program will be provided by qualified 
     teachers;
       ``(D) an explanation of the types of intensive training or 
     professional development, aligned with the curriculum of the 
     program, that will be provided for staff of the program;
       ``(E) an explanation of the facilities to be used for the 
     program;
       ``(F) an explanation regarding the duration of the periods 
     of time that students and teachers in the program will have 
     contact for instructional purposes (such as the hours per day 
     and days per week of that contact, and the total length of 
     the program);
       ``(G) an explanation of the proposed student/teacher ratio 
     for the program, analyzed by grade level;
       ``(H) an explanation of the grade levels that will be 
     served by the program;
       ``(I) an explanation of the approximate cost per student 
     for the program;
       ``(J) an explanation of the salary costs for teachers in 
     the program;
       ``(K) a description of a method for evaluating the 
     effectiveness of the program at the local level;
       ``(L) information describing specific measurable goals and 
     objectives, for each academic subject in which the program 
     will provide instruction, that are consistent with, or more 
     rigorous than, the adequate yearly progress goals established 
     by the State under section 1111;
       ``(M) a description of how the local educational agency 
     will involve parents and the community in the program in 
     order to raise academic achievement; and
       ``(N) a description of how the local educational agency 
     will acquire any needed technical assistance that is aligned 
     with the curriculum of the agency for the program, from the 
     State educational agency or other entities with demonstrated 
     success in using the curriculum.
       ``(c) Priority.--In making grants under this section, the 
     State educational agency shall give priority to applicants 
     who demonstrate a high level of need for the summer academic 
     enrichment programs.
       ``(d) Federal Share.--
       ``(1) In general.--The Federal share of the cost described 
     in subsection (a) is 50 percent.
       ``(2) Non-federal share.--The non-Federal share of the cost 
     may be provided in cash or in kind, fairly evaluated, 
     including plant, equipment, or services.

     ``SEC. 5717. SUPPLEMENT NOT SUPPLANT.

       ``Funds appropriated pursuant to the authority of this 
     subpart shall be used to supplement and not supplant other 
     Federal, State, and local public or private funds expended to 
     provide academic enrichment programs.

     ``SEC. 5718. REPORTS.

       ``(a) State Reports.--Each State educational agency that 
     receives a grant under this subpart shall annually prepare 
     and submit to the Secretary a report. The report shall 
     describe--
       ``(1) the method the State educational agency used to make 
     grants to eligible local educational agencies and to provide 
     assistance to schools under this subpart;
       ``(2) the specific measurable goals and objectives 
     described in section 5715(c)(2)(A) for the State as a whole 
     and the extent to which the State met each of the goals and 
     objectives in the year preceding the submission of the 
     report;
       ``(3) the specific measurable goals and objectives 
     described in section 5716(b)(2)(L) for each of the local 
     educational agencies receiving a grant under this subpart in 
     the State and the extent to which each of the agencies met 
     each of the goals and objectives in that preceding year;
       ``(4) the steps that the State will take to ensure that any 
     such local educational agency who did not meet the goals and 
     objectives in that year will meet the goals and objectives in 
     the year following the submission of the report or the plan 
     that the State has for revoking the grant of such an agency 
     and redistributing the grant funds to existing or new 
     programs;
       ``(5) how eligible local educational agencies and schools 
     used funds provided by the State educational agency under 
     this subpart; and
       ``(6) the degree to which progress has been made toward 
     meeting the goals and objectives described in section 
     5715(c)(2)(A).
       ``(b) Report to Congress.--The Secretary shall annually 
     prepare and submit to Congress a report. The report shall 
     describe--
       ``(1) the methods the State educational agencies used to 
     make grants to eligible local educational agencies and to 
     provide assistance to schools under this subpart;
       ``(2) how eligible local educational agencies and schools 
     used funds provided under this subpart; and
       ``(3) the degree to which progress has been made toward 
     meeting the goals and objectives described in sections 
     5715(c)(2)(A) and 5716(b)(2)(L).
       ``(c) Government Accounting Office Report to Congress.--The 
     Comptroller General of the United States shall conduct a 
     study regarding the demonstration program carried out under 
     this subpart and the impact of the program on student 
     achievement. The Comptroller General shall prepare and submit 
     to Congress a report containing the results of the study.

     ``SEC. 5719. ADMINISTRATION.

       ``The Secretary shall develop program guidelines for and 
     oversee the demonstration program carried out under this 
     subpart.

     ``SEC. 5720. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) In General.--The Secretary shall make available to 
     carry out this subpart, $25,000,000 for each of fiscal years 
     2001 through 2003 from funds appropriated under section 3107.
       ``(b) Availability.--Any amounts made available pursuant to 
     the authority of subsection (a) shall remain available until 
     expended.

     ``SEC. 5721. TERMINATION.

       ``The authority provided by this subpart terminates 3 years 
     after the date of enactment of the Student Education 
     Enrichment Demonstration Act.
                                 ______
                                 

                       MURRAY AMENDMENT NO. 3122

  Mrs. MURRAY proposed an amendment to the bill, S. 2, supra; as 
follows:

       Beginning on page 182, strike line 20 and all that follows 
     through page 183, line 6 and insert the following:

                   ``Subpart 5--Class Size Reduction

     ``SEC. 2051. GRANT PROGRAM.

       ``(a) Purpose.--The purposes of this section are--
       ``(1) to reduce class size through the use of fully 
     qualified teachers;
       ``(2) to assist States and local educational agencies in 
     recruiting, hiring, and training 100,000 teachers in order to 
     reduce class sizes nationally, in grades 1 through 3, to an 
     average of 18 students per regular classroom; and
       ``(3) to improve teaching in those grades so that all 
     students can learn to read independently and well by the end 
     of the 3rd grade.
       ``(b) Allotment to States.--
       ``(1) Reservation.--From the amount made available to carry 
     out this subpart for a fiscal year, the Secretary shall 
     reserve not more than 1 percent for the Secretary of the 
     Interior (on behalf of the Bureau of Indian Affairs) and the 
     outlying areas for activities carried out in accordance with 
     this section.
       ``(2) State allotments.--
       ``(A) Hold harmless.--
       ``(i) In general.--Subject to subparagraph (B) and clause 
     (ii), from the amount made available to carry out this 
     subpart for a fiscal year and not reserved under paragraph 
     (1), the Secretary shall allot to each State an amount equal 
     to the amount that such State received for the preceding 
     fiscal year under this section or section 310 of the 
     Department of Education Appropriations Act, 2000, as the case 
     may be.
       ``(ii) Ratable reduction.--If the amount made available to 
     carry out this subpart for a fiscal year and not reserved 
     under paragraph (1) is insufficient to pay the full amounts 
     that all States are eligible to receive under clause (i) for 
     such fiscal year, the Secretary shall ratably reduce such 
     amounts for such fiscal year.
       ``(B) Allotment of additional funds.--
       ``(i) In general.--Subject to clause (ii), for any fiscal 
     year for which the amount made

[[Page S3551]]

     available to carry out this subpart and not reserved under 
     paragraph (1) exceeds the amount made available to the States 
     for the preceding year under the authorities described in 
     subparagraph (A)(i), the Secretary shall allot to each of 
     those States the percentage of the excess amount that is the 
     greater of--

       ``(I) the percentage the State received for the preceding 
     fiscal year of the total amount made available to the States 
     under section 1122; or
       ``(II) the percentage so received of the total amount made 
     available to the States under section 2202(b), as in effect 
     on the day before the date of enactment of the Educational 
     Opportunities Act, or the corresponding provision of this 
     title, as the case may be.

       ``(ii) Ratable reductions.--If the excess amount for a 
     fiscal year is insufficient to pay the full amounts that all 
     States are eligible to receive under clause (i) for such 
     fiscal year, the Secretary shall ratably reduce such amounts 
     for such fiscal year.
       ``(c) Allocation to Local Educational Agencies.--
       ``(1) Allocation.--Each State that receives funds under 
     this section shall allocate a portion equal to not less than 
     99 percent of those funds to local educational agencies, of 
     which--
       ``(A) 80 percent of the portion shall be allocated to those 
     local educational agencies in proportion to the number of 
     children, age 5 through 17, from families with incomes below 
     the poverty line (as defined by the Office of Management and 
     Budget and revised annually in accordance with section 673(2) 
     of the Community Services Block Grant Act (42 U.S.C. 
     9902(2))) applicable to a family of the size involved, who 
     reside in the school district served by that local 
     educational agency for the most recent fiscal year for which 
     satisfactory data are available, compared to the number of 
     those children who reside in the school districts served by 
     all the local educational agencies in the State for that 
     fiscal year; and
       ``(B) 20 percent of the portion shall be allocated to those 
     local educational agencies in accordance with the relative 
     enrollments of children, age 5 through 17, in public and 
     private nonprofit elementary schools and secondary schools 
     within the areas served by those agencies.
       ``(2) Exception.--Notwithstanding paragraph (1) and 
     subsection (d)(2)(B), if the award to a local educational 
     agency under this section is less than the starting salary 
     for a new fully qualified teacher for a school served by that 
     agency who is certified or licensed within the State, has a 
     baccalaureate degree, and demonstrates the general knowledge, 
     teaching skills, and subject matter knowledge required to 
     teach in the content areas in which the teacher teaches, that 
     agency may use funds made available under this section to--
       ``(A) help pay the salary of a full- or part-time teacher 
     hired to reduce class size, which may be done in combination 
     with the expenditure of other Federal, State, or local funds; 
     or
       ``(B) pay for activities described in subsection 
     (d)(2)(A)(iii) that may be related to teaching in smaller 
     classes.
       ``(3) State administrative expenses.--The State educational 
     agency for a State that receives funds under this section may 
     use not more than 1 percent of the funds for State 
     administrative expenses.
       ``(d) Use of Funds.--
       ``(1) Mandatory uses.--Each local educational agency that 
     receives funds under this section shall use those funds to 
     carry out effective approaches to reducing class size through 
     use of fully qualified teachers who are certified or licensed 
     within the State, have baccalaureate degrees, and demonstrate 
     the general knowledge, teaching skills, and subject matter 
     knowledge required to teach in the content areas in which the 
     teachers teach, to improve educational achievement for both 
     regular and special needs children, with particular 
     consideration given to reducing class size in the early 
     elementary grades for which some research has shown class 
     size reduction is most effective.
       ``(2) Permissible uses.--
       ``(A) In general.--Each such local educational agency may 
     use funds made available under this section for--
       ``(i) recruiting (including through the use of signing 
     bonuses, and other financial incentives), hiring, and 
     training fully qualified regular and special education 
     teachers (which may include hiring special education teachers 
     to team-teach with regular teachers in classrooms that 
     contain both children with disabilities and non-disabled 
     children) and teachers of special needs children, who are 
     certified or licensed within the State, have a baccalaureate 
     degree and demonstrate the general knowledge, teaching 
     skills, and subject matter knowledge required to teach in the 
     content areas in which the teachers teach;
       ``(ii) testing new teachers for academic content knowledge, 
     and to meet State certification or licensing requirements 
     that are consistent with title II of the Higher Education Act 
     of 1965; and
       ``(iii) providing professional development (which may 
     include such activities as promoting retention and mentoring) 
     for teachers, including special education teachers and 
     teachers of special needs children, in order to meet the goal 
     of ensuring that all teachers have the general knowledge, 
     teaching skills, and subject matter knowledge necessary to 
     teach effectively in the content areas in which the teachers 
     teach, consistent with title II of the Higher Education Act 
     of 1965.
       ``(B) Limitation on testing and professional development.--
       ``(i) In general.--Except as provided in clause (ii), a 
     local educational agency may use not more than a total of 25 
     percent of the funds received by the agency under this 
     section for activities described in clauses (ii) and (iii) of 
     subparagraph (A).
       ``(ii) Waivers.--A local educational agency may apply to 
     the State educational agency for a waiver that would permit 
     the agency to use more than 25 percent of the funds the 
     agency receives under this section for activities described 
     in subparagraph (A)(iii) for the purpose of helping teachers 
     who have not met applicable State and local certification or 
     licensing requirements become certified or licensed if--

       ``(I) the agency is in an Ed-Flex Partnership State under 
     the Education Flexibility Partnership Act of 1999; and
       ``(II) 10 percent or more of teachers in elementary schools 
     served by the agency have not met the certification or 
     licensing requirements, or the State educational agency has 
     waived those requirements for 10 percent or more of the 
     teachers.

       ``(iii) Use of funds under waiver.--If the State 
     educational agency approves the local educational agency's 
     application for a waiver under clause (ii), the local 
     educational agency may use the funds subject to the 
     conditions of the waiver for activities described in 
     subparagraph (A)(iii) that are needed to ensure that at least 
     90 percent of the teachers in the elementary schools are 
     certified or licensed within the State.
       ``(C) Use of funds by agencies that have reduced class 
     size.--Notwithstanding subparagraph (B), a local educational 
     agency that has already reduced class size in the early 
     elementary grades to 18 or fewer children (or has already 
     reduced class size to a State or local class size reduction 
     goal that was in effect on November 28, 1999 if that goal is 
     20 or fewer children) may use funds received under this 
     section--
       ``(i) to make further class size reductions in kindergarten 
     through third grade;
       ``(ii) to reduce class size in other grades; or
       ``(iii) to carry out activities to improve teacher quality, 
     including professional development.
       ``(3) Supplement, not supplant.--Each such agency shall use 
     funds made available under this section only to supplement, 
     and not to supplant, State and local funds that, in the 
     absence of funds made available under this section, would 
     otherwise be expended for activities described in this 
     section.
       ``(4) Limitation on use for salaries and benefits.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     no funds made available under this section may be used to 
     increase the salaries of, or provide benefits (other than 
     participation in professional development and enrichment 
     programs) to, teachers who are not hired under this section.
       ``(B) Exception.--Funds made available under this section 
     may be used to pay the salaries of teachers hired under 
     section 310 of the Department of Education Appropriations 
     Act, 2000.
       ``(e) Reports.--
       ``(1) State activities.--Each State receiving funds under 
     this section shall prepare and submit to the Secretary a 
     biennial report on activities carried out in the State under 
     this section that provides the information described in 
     section 6122(a)(2) with respect to the activities.
       ``(2) Progress concerning class size and qualified 
     teachers.--Each State and local educational agency receiving 
     funds under this section shall publicly report to parents 
     on--
       ``(A) the agency's progress in reducing class size, and 
     increasing the percentage of classes in core academic areas 
     taught by fully qualified teachers who are certified or 
     licensed within the State, have baccalaureate degrees, and 
     demonstrate the general knowledge, teaching skills, and 
     subject matter knowledge required to teach in the content 
     areas in which the teachers teach; and
       ``(B) the impact that hiring additional fully qualified 
     teachers and reducing class size, has had, if any, on 
     increasing student academic achievement.
       ``(3) Professional qualifications.--Each school receiving 
     funds under this section shall provide to parents, on 
     request, information about the professional qualifications of 
     their child's teacher.
       ``(f) Private Schools.--If a local educational agency uses 
     funds made available under this section for professional 
     development activities, the agency shall ensure the equitable 
     participation of private nonprofit elementary schools and 
     secondary schools in such activities in accordance with 
     section 6142. Section 6142 shall not apply to other 
     activities carried out under this section.
       ``(g) Local Administrative Expenses.--A local educational 
     agency that receives funds under this section may use not 
     more than 3 percent of such funds for local administrative 
     expenses.
       ``(h) Request for Funds.--Each local educational agency 
     that desires to receive funds under this section shall 
     include in the application required under section 2034 a 
     description of the agency's program to reduce class size by 
     hiring additional fully qualified teachers.
       ``(i) Certification, Licensing, and Competency.--No funds 
     made available under this section may be used to pay the 
     salary of any teacher hired with funds made available

[[Page S3552]]

     under section 310 of the Department of Education 
     Appropriations Act, 2000, unless, by the start of the 2000-
     2001 school year, the teacher is certified or licensed within 
     the State and demonstrates competency in the content areas in 
     which the teacher teaches.
       ``(j) Definition.--In this section:
       ``(1) Certified.--The term `certified' includes 
     certification through State or local alternative routes.
       ``(2) State.--The term `State' means each of the 50 States, 
     the District of Columbia, and the Commonwealth of Puerto 
     Rico.

                          ``Subpart 6--Funding

     ``SEC. 2061. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) Fiscal Year 2001.--There are authorized to be 
     appropriated to carry out this part $2,000,000,000 for fiscal 
     year 2001, of which--
       ``(1) $40,000,000 shall be available to carry out subpart 
     4; and
       ``(2) $1,750,000,000 shall be available to carry out 
     subpart 5.
       ``(b) Other Fiscal Years.--There are authorized to be 
     appropriated to carry out this part such sums as may be 
     necessary for fiscal years 2002 through 2005, of which 
     $1,750,000,000 shall be available to carry out subpart 5.

                    ``Subpart 7--General Provisions

     ``SEC. 2071. DEFINITIONS.

                                 ______
                                 

               HUTCHISON (AND COLLINS) AMENDMENT NO. 3123

  (Ordered to lie on the table.)
  Mrs. HUTCHISON (for herself and Ms. Collins) submitted an amendment 
intended to be proposed by them to the bill, S. 2, supra; as follows:

       On page 545, strike lines 5 through 9, and insert the 
     following:
       ``(L) education reform projects that provide single gender 
     schools and classrooms as long as comparable educational 
     opportunities are offered for students of both sexes;''.
                                 ______
                                 

                  MANUFACTURED HOUSING IMPROVEMENT ACT

                                 ______
                                 

                GRAMM (AND SARBANES) AMENDMENT NO. 3124

  Mr. GORTON (for Mr. Gramm (for himself and Mr. Sarbanes)) proposed an 
amendment to the bill (S. 1452) to modernize the requirements under the 
National Manufactured Housing Construction and Safety Standards of 1974 
and to establish a balanced consensus process for the development, 
revision, and interpretation of Federal construction and safety 
standards for manufactured homes; as follows:

       On page 41, line 20, strike ``appoint'' and insert 
     ``recommend''.
       On page 44, beginning on line 14, strike ``, subject to the 
     approval of the Secretary, by the administering 
     organization'' and insert ``by the Secretary, after 
     consideration of the recommendations of the administering 
     organization under paragraph (2)(A)(ii)(I),''.
       On page 44, line 23, strike ``may'' and all that follows 
     through page 45, line 2, and insert ``shall state, in 
     writing, the reasons for failing to appoint under 
     subparagraph (B)(i) of this paragraph any individual 
     recommended by the administering organization under paragraph 
     (2)(A)(ii)(I)''.
       On page 46, strike lines 3 through 5 and insert the 
     following:

     sensus committee, the Secretary, in appointing the members of 
     the consensus committee--

       ``(I) shall ensure

       On page 46, line 11, strike ``the Secretary''.
       On page 48, strike lines 17 through 22, and insert the 
     following:
       ``(iii) Ethics in government act of 1978.--

       ``(I) In general.--Subject to subclause (II), the Ethics in 
     Government Act of 1978 (5 U.S.C. App.) shall not apply to 
     members of the consensus committee to the extent of their 
     proper participation as members of the consensus committee.
       ``(II) Financial disclosure.--The Secretary shall collect 
     from each member of the consensus committee the financial 
     information required to be disclosed under section 102 of the 
     Ethics in Government Act of 1978 (5 U.S.C. App.). 
     Notwithstanding section 552 of title 5, United States Code, 
     such information shall be confidential and shall not be 
     disclosed to any person, unless such disclosure is determined 
     to be necessary by--

       ``(aa) the Secretary;
       ``(bb) the Chairman or Ranking Member of the Committee on 
     Banking, Housing, and Urban Affairs of the Senate; or
       ``(cc) the Chairman or Ranking Member of the Committee on 
     Banking and Financial Services of the House of 
     Representatives.

       ``(III) Prohibition on gifts from outside sources.--

       ``(aa) In general.--Subject to item (bb), an individual who 
     is a member of the consensus committee may not solicit or 
     accept a gift of services or property (including any 
     gratuity, favor, discount, entertainment, hospitality, loan, 
     forbearance, or other item having monetary value), if the 
     gift is solicited or given because of the status of that 
     individual as a member of the consensus committee.
       ``(bb) Exceptions.--The Secretary shall by regulation 
     establish such exceptions to item (aa) as the Secretary 
     determines to be appropriate, which shall include an 
     exception for de minimus gifts.
       On page 55, line 2, insert ``with respect to a proposed 
     revised standard submitted by the consensus committee under 
     paragraph (4)(A)'' after ``paragraph (5)''.
       On page 55, line 5, strike ``proposed standard or 
     regulation'' and insert ``proposed revised standard''.
       On page 55, strike lines 7 and 8, and insert the following:
       ``(A) the proposed revised standard--
       On page 55, line 18, strike ``or regulation''.
       On page 55, line 19, strike ``or regulation''.
       On page 55, lines 21 and 22, strike ``standards or 
     regulations proposed by the consensus committee'' and insert 
     ``standard''.
       On page 71, strike line 3 and insert the following:
     Act.
       ``(3) Payments to states.--On and after the effective date 
     of the Manufactured Housing Improvement Act of 2000, the 
     Secretary shall continue to fund the States having approved 
     State plans in the amounts which are not less than the 
     allocated amounts, based on the fee distribution system in 
     effect on the day before such effective date.''.

                          ____________________