[Congressional Record Volume 161, Number 105 (Wednesday, July 8, 2015)]
[Senate]
[Pages S4845-S4894]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2122. Ms. STABENOW submitted an amendment intended to be proposed 
to amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:

       At the end of the bill, add the following:

     SEC. 1020__. EARLY PELL PROMISE ACT.

       (a) Short Title.--This section may be cited as the ``Early 
     Pell Promise Act''.
       (b) Early Federal Pell Grant Commitment Program.--Subpart 1 
     of part A of title IV of the Higher Education Act of 1965 (20

[[Page S4846]]

     U.S.C. 1070a et seq.) is amended by adding at the end the 
     following:

     ``SEC. 401B. EARLY FEDERAL PELL GRANT COMMITMENT PROGRAM.

       ``(a) Program Authority.--The Secretary is authorized to 
     carry out an Early Federal Pell Grant Commitment Program 
     (referred to in this section as the `Program') under which 
     the Secretary shall--
       ``(1) award grants to State educational agencies to pay the 
     administrative expenses incurred in participating in the 
     Program; and
       ``(2) make a commitment to award Federal Pell Grants to 
     eligible students in accordance with this section.
       ``(b) Program Requirements.--The Program shall meet the 
     following requirements:
       ``(1) Eligible students.--
       ``(A) In general.--A student shall be eligible to receive a 
     commitment from the Secretary to receive a Federal Pell Grant 
     early in the student's academic career if the student--
       ``(i) is in 8th grade; and
       ``(ii) is eligible for a free or reduced price lunch under 
     the Richard B. Russell National School Lunch Act (42 U.S.C. 
     1751 et seq.).
       ``(2) Federal pell grant commitment.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     each eligible student who participates in the Program shall 
     receive a commitment from the Secretary to receive a Federal 
     Pell Grant during the first 2 academic years that the student 
     is in attendance at an institution of higher education as an 
     undergraduate student, if the student--
       ``(i) applies for Federal financial aid (via the FAFSA) 
     during the student's senior year of secondary school and 
     during the succeeding academic year; and
       ``(ii) enrolls at such institution of higher education--

       ``(I) not later than 3 years after such student receives a 
     secondary school diploma or its recognized equivalent; or
       ``(II) if such student becomes a member of the Armed 
     Forces, not later than 3 years after such student is 
     discharged, separated, or released from the Armed Forces.

       ``(B) Exception to commitment.--If an eligible student 
     receives a commitment from the Secretary to receive a Federal 
     Pell Grant during the first 2 academic years that the student 
     is in attendance at an institution of higher education as an 
     undergraduate student and the student applies for Federal 
     financial aid (via the FAFSA) during the student's senior 
     year of secondary school or during the succeeding academic 
     year, and the expected family contribution of the student for 
     either of such years is more than 2 times the threshold 
     amount for Federal Pell Grant eligibility for such year, then 
     such student shall not receive a Federal Pell Grant under 
     this section for the succeeding academic year. Such student 
     shall continue to be eligible for any other Federal student 
     financial aid for which the student is otherwise eligible.
       ``(3) Applicability of federal pell grant requirements.--
     The requirements of section 401 shall apply to Federal Pell 
     Grants awarded pursuant to this section, except that with 
     respect to each eligible student who participates in the 
     Program and is not subject the exception under paragraph 
     (2)(B), the amount of each such eligible student's Federal 
     Pell Grant only shall be calculated by deeming such student 
     to have an expected family contribution equal to zero.
       ``(c) State Educational Agency Applications.--
       ``(1) In general.--Each State educational agency desiring 
     to participate in the Program shall submit an application to 
     the Secretary at such time and in such manner as the 
     Secretary may require.
       ``(2) Contents.--Each application shall include--
       ``(A) a description of the proposed targeted information 
     campaign for the Program and a copy of the plan described in 
     subsection (e)(2);
       ``(B) an assurance that the State educational agency will 
     fully cooperate with the ongoing evaluation of the Program; 
     and
       ``(C) such other information as the Secretary may require.
       ``(d) Evaluation.--
       ``(1) In general.--From amounts appropriated under 
     subsection (f) for a fiscal year, the Secretary shall reserve 
     not more than $1,000,000 to award a grant or contract to an 
     organization outside the Department for an independent 
     evaluation of the impact of the Program.
       ``(2) Competitive basis.--The grant or contract shall be 
     awarded on a competitive basis.
       ``(3) Matters evaluated.--The evaluation described in this 
     subsection shall consider metrics established by the 
     Secretary that emphasize college access and success, 
     encouraging low-income students to pursue higher education, 
     and the cost effectiveness of the program.
       ``(4) Dissemination.--The findings of the evaluation shall 
     be widely disseminated to the public by the organization 
     conducting the evaluation as well as by the Secretary.
       ``(e) Targeted Information Campaign.--
       ``(1) In general.--Each State educational agency receiving 
     a grant under this section shall, in cooperation with the 
     participating local educational agencies within the State and 
     the Secretary, develop a targeted information campaign for 
     the Program.
       ``(2) Plan.--Each State educational agency receiving a 
     grant under this section shall include in the application 
     submitted under subsection (c) a written plan for their 
     proposed targeted information campaign. The plan shall 
     include the following:
       ``(A) Outreach.--Outreach to students and their families, 
     at a minimum, at the beginning and end of each academic year.
       ``(B) Distribution.--How the State educational agency plans 
     to provide the outreach described in subparagraph (A) and to 
     provide the information described in subparagraph (C).
       ``(C) Information.--The annual provision by the State 
     educational agency to all students and families participating 
     in the Program of information regarding--
       ``(i) the estimated statewide average higher education 
     institution cost data for each academic year, which cost data 
     shall be disaggregated by--

       ``(I) type of institution, including--

       ``(aa) 2-year public colleges;
       ``(bb) 4-year public colleges;
       ``(cc) 4-year private colleges; and
       ``(dd) private, for-profit colleges;

       ``(II) component, including--

       ``(aa) tuition and fees; and
       ``(bb) room and board;
       ``(ii) Federal Pell Grants, including--

       ``(I) the maximum Federal Pell Grant for each academic 
     year;
       ``(II) when and how to apply for a Federal Pell Grant; and
       ``(III) what the application process for a Federal Pell 
     Grant requires;

       ``(iii) State-specific college savings programs;
       ``(iv) State-based financial aid, including State-based 
     merit aid; and
       ``(v) Federal financial aid available to students, 
     including eligibility criteria for the Federal financial aid 
     and an explanation of the Federal financial aid programs.
       ``(3) Annual information.--The information described in 
     paragraph (2)(C) shall be provided to eligible students 
     annually for the duration of the students' participation in 
     the Program.
       ``(4) Reservation.--Each State educational agency receiving 
     a grant under this section shall reserve $200,000 of the 
     grant funds received each fiscal year to carry out the 
     targeted information campaign described in this subsection.
       ``(f) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section such 
     sums as may be necessary.''.
                                 ______
                                 
  SA 2123. Mr. UDALL (for himself and Mr. Tester) submitted an 
amendment intended to be proposed to amendment SA 2089 submitted by Mr. 
Alexander (for himself and Mrs. Murray) to the bill S. 1177, to 
reauthorize the Elementary and Secondary Education Act of 1965 to 
ensure that every child achieves; which was ordered to lie on the 
table; as follows:

       After section 9102, insert the following:

     SEC. ____. RESERVATIONS FOR BUREAU OF INDIAN EDUCATION.

       Part A of title IX (20 U.S.C. 7801 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 9104. RESERVATIONS FOR BUREAU OF INDIAN EDUCATION.

       ``(a) BIE Reservations for Formula-based Education 
     Programs.--
       ``(1) In general.--The Secretary shall ensure that any 
     formula-based education program provides a reservation, in 
     the amount described in paragraph (2), for the Bureau of 
     Indian Education to be used in accordance with paragraph (3) 
     on behalf of the schools or programs, as applicable, operated 
     or funded by the Bureau of Indian Education.
       ``(2) Amount of reservation.--
       ``(A) Increasing bie reservations of less than 0.5 
     percent.--In the case of a formula-based education program 
     that requires by law (including any regulation) reservation 
     of program funds for the Bureau of Indian Education in an 
     amount less than 0.5 percent of the total amount available to 
     carry out the formula-based education program for a fiscal 
     year, the Secretary shall increase the amount of such 
     reservation to 0.5 percent of such total amount for such 
     year.
       ``(B) Maintaining bie reservations equal to or greater than 
     0.5 percent.--In the case of a formula-based education 
     program that requires by law (including any regulation) a 
     reservation of program funds for the Bureau of Indian 
     Education in an amount equal to or greater than 0.5 percent 
     of the total amount available to carry out the formula-based 
     education program for a fiscal year, the Secretary shall 
     reserve the amount of funds required by such law for the 
     Bureau for such year.
       ``(C) Establishing bie reservations for other formula-based 
     education programs.--In the case of a formula-based education 
     program for which no funds are provided or reserved by law 
     (including any regulation) by the Secretary for the Bureau of 
     Indian Education or for schools operated or funded by the 
     Bureau, the Secretary shall reserve 0.5 percent of the total 
     amount available to carry out the formula-based education 
     program for the Bureau of Indian Education.
       ``(3) Use of reserved funds.--The Bureau of Indian 
     Education shall use any funds reserved under a formula-based 
     education program for the purposes and uses provided under 
     such program.
       ``(b) Requirements for Competitive Education Programs.--
       ``(1) In general.--With respect to any competitive 
     education program, the Secretary shall deem the Bureau of 
     Indian Education

[[Page S4847]]

     to be a State or State educational agency, as applicable, for 
     purposes of applying for and receiving a grant, contract, or 
     other assistance under the program, and shall allow the 
     Bureau to use funds provided under the competitive education 
     program to carry out the purposes and activities and services 
     provided by the program for the schools or programs, as 
     applicable, operated or funded by the Bureau.
       ``(2) Technical assistance.--For each competitive education 
     program, the Secretary may reserve not more than 0.5 percent 
     of the total amount appropriated for the program for a fiscal 
     year for technical assistance or capacity-building to assist 
     the Bureau of Indian Education, and schools or programs 
     operated or funded by the Bureau of Indian Education, in 
     building the capacity and expertise needed to compete and 
     qualify for assistance under the program.
       ``(3) Nonapplicability of certain provisions.--
     Notwithstanding any other provision of law, the Bureau of 
     Indian Education, when applying for or receiving a grant, 
     contract, or assistance under a competitive education 
     program, shall not be subject to any provision of the program 
     that requires grant recipients to contribute funds toward the 
     costs of the grant program.
       ``(c) Definitions.--In this section:
       ``(1) Formula-based education program.--The term `formula-
     based education program' means any program administered by 
     the Secretary under this Act that--
       ``(A) awards grants, contracts, or other assistance 
     relating to early childhood, elementary, or secondary 
     education to States or State educational agencies; and
       ``(B) allocates the program funds by statutory or 
     regulatory formula.
       ``(2) Competitive education program.--The term `competitive 
     education program' means any program administered by the 
     Secretary under this Act that--
       ``(A) awards grants, contracts, or other assistance 
     relating to early childhood, elementary, or secondary 
     education to States or State educational agencies on a 
     competitive basis; and
       ``(B) does not contain any type of reservation of funds for 
     the Bureau of Indian Education or the schools operated or 
     funded by the Bureau of Indian Education.
       ``(d) Relationship to Other Laws.--In the event of a 
     conflict between this section and any law regarding a 
     formula-based education program or competitive education 
     program, this section shall control.''.
                                 ______
                                 
  SA 2124. Mrs. MURRAY (for herself, Ms. Mikulski, Mrs. Shaheen, Ms. 
Baldwin, and Mrs. Boxer) submitted an amendment intended to be proposed 
to amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; as 
follows:

       On page 82, between lines 23 and 24, insert the following:
       ``(xviii) In the case of each coeducational school in the 
     State that receives assistance under this part--

       ``(I) a listing of the school's interscholastic sports 
     teams that participated in athletic competition;
       ``(II) for each such team--

       ``(aa) the total number of male and female participants, 
     disaggregated by gender and race;
       ``(bb) the season in which the team competed, whether the 
     team participated in postseason competition, and the total 
     number of competitive events scheduled;
       ``(cc) the total expenditures from all sources, including 
     expenditures for travel, uniforms, facilities, and publicity 
     for competitions; and
       ``(dd) the total number of coaches, trainers, and medical 
     personnel, and for each such individual an identification of 
     such individual's employment status, and duties other than 
     providing coaching, training, or medical services; and

       ``(III) the average annual salary of the head coaches of 
     boys' interscholastic sports teams, across all offered 
     sports, and the average annual salary of the head coaches of 
     girls' interscholastic sports teams, across all offered 
     sports.

                                 ______
                                 
  SA 2125. Mr. SANDERS submitted an amendment intended to be proposed 
to amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:

       On page 69, strike lines 16 and 17 and insert the 
     following:
     dents;
       (N) how the State educational agency will support multiple 
     postsecondary and career pathways aligned with workforce and 
     economic needs of the State; and
       (O) any other information on how the
                                 ______
                                 
  SA 2126. Mr. COONS (for himself and Mr. Rubio) submitted an amendment 
intended to be proposed to amendment SA 2089 submitted by Mr. Alexander 
(for himself and Mrs. Murray) to the bill S. 1177, to reauthorize the 
Elementary and Secondary Education Act of 1965 to ensure that every 
child achieves; which was ordered to lie on the table; as follows:

       At the end of the bill, add the following:

                    PART C--AMERICAN DREAM ACCOUNTS

     SEC. 10301. SHORT TITLE.

       This part may be cited as the ``American Dream Accounts 
     Act''.

     SEC. 10302. FINDINGS.

       Congress finds the following:
       (1) Only 9.8 out of every 100 individuals from low-income 
     families will graduate from an institution of higher 
     education before reaching the age of 24.
       (2) Lack of knowledge about how to apply to, and pay for, 
     an institution of higher education is a barrier for many low-
     income students and students who would be in the first 
     generation in their families to attend an institution of 
     higher education.
       (3) According to Public Agenda, most young adults give 
     secondary school counselors fair or poor ratings for advice 
     about attending an institution of higher education, including 
     advice about how to decide what institution of higher 
     education to attend, how to pay for higher education, what 
     careers to pursue, and how to apply to an institution of 
     higher education.
       (4) More than 1,700,000 students fail to file the Free 
     Application for Federal Student Aid (FAFSA), and about one-
     third of such students would qualify for a Federal Pell 
     Grant.
       (5) During the last 2 decades, costs of attending 
     institutions of higher education have increased dramatically, 
     but need-based financial aid has not kept pace with such 
     increasing costs.
       (6) In the 1990-1991 school year, the maximum Federal Pell 
     Grant covered 45 percent of the average cost of attendance at 
     a public 4-year institution of higher education (including 
     tuition, fees, room, and board), but in the 2010-2011 school 
     year, the maximum Federal Pell Grant covered only 34 percent 
     of such cost.
       (7) Parental and youth college savings are strong 
     predictors of a youth's expectations about attendance at an 
     institution of higher education.
       (8) Only 32 percent of parents who earn less than $35,000 a 
     year are saving for their child's education at an institution 
     of higher education.
       (9) According to the Center for Social Development, 
     ``wilt'' occurs when a young person who expects to graduate 
     from a 4-year institution of higher education has not yet 
     attended such institution by the ages of 19 to 22.
       (10) Children who have savings dedicated for attendance at 
     an institution of higher education are 4 times more likely to 
     attend a 4-year institution of higher education and avoid 
     ``wilt''.

     SEC. 10303. DEFINITIONS.

       In this part:
       (1) American dream account.--The term ``American Dream 
     Account'' means a personal online account for low-income 
     students that monitors higher education readiness and 
     includes a college savings account.
       (2) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means the Committee on 
     Health, Education, Labor, and Pensions, the Committee on 
     Appropriations, and the Committee on Finance of the Senate, 
     and the Committee on Education and the Workforce, the 
     Committee on Appropriations, and the Committee on Ways and 
     Means of the House of Representatives, as well as any other 
     Committee of the Senate or House of Representatives that the 
     Secretary determines appropriate.
       (3) Charter school.--The term ``charter school'' has the 
     meaning given such term in section 5110 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7221i).
       (4) College savings account.--The term ``college savings 
     account'' means a trust created or organized exclusively for 
     the purpose of paying the qualified expenses of only an 
     individual who, when the trust is created or organized, has 
     not obtained 18 years of age, if the written governing 
     instrument creating the trust contains the following 
     requirements:
       (A) The trustee is a Federally insured financial 
     institution, or a State insured financial institution if a 
     Federally insured financial institution is not available.
       (B) The assets of the trust will be invested in accordance 
     with the direction of the individual or of a parent or 
     guardian of the individual, after consultation with the 
     entity providing the initial contribution to the trust or, if 
     applicable, a matching or other contribution for the 
     individual.
       (C) The assets of the trust will not be commingled with 
     other property except in a common trust fund or common 
     investment fund.
       (D) Any amount in the trust that is attributable to an 
     account seed or matched deposit may be paid or distributed 
     from the trust only for the purpose of paying qualified 
     expenses of the individual.
       (5) Dual or concurrent enrollment program.--The term ``dual 
     or concurrent enrollment program'' means a program of study--
       (A) provided by an institution of higher education through 
     which a student who has not graduated from high school with a 
     regular high school diploma (as defined in section 
     200.19(b)(1)(iv) of title 34, Code of Federal Regulations, as 
     such section was in effect on November 28, 2008) is able to 
     earn postsecondary credit; and

[[Page S4848]]

       (B) that shall consist of not less than 2 postsecondary 
     credit-bearing courses and support and academic services that 
     help a student persist and complete such courses.
       (6) Early college high school program.--The term ``early 
     college high school program'' means a formal partnership 
     between at least 1 local educational agency and at least 1 
     institution of higher education that allows participants, who 
     are primarily low-income students, to simultaneously complete 
     requirements toward earning a regular high school diploma (as 
     defined in section 200.19(b)(1)(iv) of title 34, Code of 
     Federal Regulations, as such section was in effect on 
     November 28, 2008) and earn not less than 12 transferable 
     credits as part of an organized course of study toward a 
     postsecondary degree or credential.
       (7) Eligible entity.--The term ``eligible entity'' means--
       (A) a State educational agency;
       (B) a local educational agency, including a charter school 
     that operates as its own local educational agency;
       (C) a charter management organization or charter school 
     authorizer;
       (D) an institution of higher education or a Tribal College 
     or University;
       (E) a nonprofit organization;
       (F) an entity with demonstrated experience in educational 
     savings or in assisting low-income students to prepare for, 
     and attend, an institution of higher education;
       (G) a consortium of 2 or more of the entities described in 
     subparagraphs (A) through (F); or
       (H) a consortium of 1 or more of the entities described in 
     subparagraphs (A) through (F) and a public school, a charter 
     school, a school operated by the Bureau of Indian Affairs, or 
     a tribally controlled school.
       (8) Institution of higher education.--The term 
     ``institution of higher education'' has the meaning given 
     such term in section 101(a) of the Higher Education Act of 
     1965 (20 U.S.C. 1001(a)).
       (9) Local educational agency.--The term ``local educational 
     agency'' has the meaning given such term in section 9101 of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7801).
       (10) Low-income student.--The term ``low-income student'' 
     means a student who is eligible to receive a free or reduced 
     price lunch under the Richard B. Russell National School 
     Lunch Act (42 U.S.C. 1751 et seq.).
       (11) Parent.--The term ``parent'' has the meaning given 
     such term in section 9101 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7801).
       (12) Qualified expenses.--The term ``qualified expenses'' 
     means, with respect to an individual, expenses that--
       (A) are incurred after the individual receives a secondary 
     school diploma or its recognized equivalent; and
       (B) are associated with attending an institution of higher 
     education, including--
       (i) tuition and fees;
       (ii) room and board;
       (iii) textbooks;
       (iv) supplies and equipment; and
       (v) Internet access.
       (13) Secretary.--The term ``Secretary'' means the Secretary 
     of Education.
       (14) State educational agency.--The term ``State 
     educational agency'' has the meaning given such term in 
     section 9101 of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 7801).
       (15) Tribal college or university.--The term ``Tribal 
     College or University'' has the meaning given such term in 
     section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 
     1059c(b)).
       (16) Tribally controlled school.--The term ``tribally 
     controlled school'' has the meaning given such term in 
     section 5212 of the Tribally Controlled Schools Act of 1988 
     (25 U.S.C. 2511).

     SEC. 10304. GRANT PROGRAM.

       (a) Program Authorized.--The Secretary is authorized to 
     award grants, on a competitive basis, to eligible entities to 
     enable such eligible entities to establish and administer 
     American Dream Accounts for a group of low-income students.
       (b) Reservation.--From the amounts appropriated each fiscal 
     year to carry out this part, the Secretary shall reserve not 
     more than 5 percent of such amount to carry out the 
     evaluation activities described in section 10307.
       (c) Duration.--A grant awarded under this part shall be for 
     a period of not more than 3 years. The Secretary may extend 
     such grant for an additional 2-year period if the Secretary 
     determines that the eligible entity has demonstrated 
     significant progress, based on the factors described in 
     section 10305(b)(11).

     SEC. 10305. APPLICATIONS; PRIORITY.

       (a) In General.--Each eligible entity desiring a grant 
     under this part shall submit an application to the Secretary 
     at such time, in such manner, and containing such information 
     as the Secretary may require.
       (b) Contents.--At a minimum, the application described in 
     subsection (a) shall include the following:
       (1) A description of the characteristics of a group of not 
     less than 30 low-income public school students who--
       (A) are, at the time of the application, attending a grade 
     not higher than grade 9; and
       (B) will, under the grant, receive an American Dream 
     Account.
       (2) A description of how the eligible entity will engage, 
     and provide support (such as tutoring and mentoring for 
     students, and training for teachers and other stakeholders) 
     either online or in person, to--
       (A) the students in the group described in paragraph (1);
       (B) the family members and teachers of such students; and
       (C) other stakeholders such as school administrators and 
     school counselors.
       (3) An identification of partners who will assist the 
     eligible entity in establishing and sustaining American Dream 
     Accounts.
       (4) A description of what experience the eligible entity or 
     the partners of the eligible entity have in managing college 
     savings accounts, preparing low-income students for 
     postsecondary education, managing online systems, and 
     teaching financial literacy.
       (5) A demonstration that the eligible entity has sufficient 
     resources to provide an initial deposit into the college 
     savings account portion of each American Dream Account.
       (6) A description of how the eligible entity will help 
     increase the value of the college savings account portion of 
     each American Dream Account, such as by providing matching 
     funds or incentives for academic achievement.
       (7) A description of how the eligible entity will notify 
     each participating student in the group described in 
     paragraph (1), on a semiannual basis, of the current balance 
     and status of the college savings account portion of the 
     American Dream Account of the student.
       (8) A plan that describes how the eligible entity will 
     monitor participating students in the group described in 
     paragraph (1) to ensure that the American Dream Account of 
     each student will be maintained if a student in such group 
     changes schools before graduating from secondary school.
       (9) A plan that describes how the American Dream Accounts 
     will be managed for not less than 1 year after a majority of 
     the students in the group described in paragraph (1) graduate 
     from secondary school.
       (10) A description of how the eligible entity will 
     encourage students in the group described in paragraph (1) 
     who fail to graduate from secondary school to continue their 
     education.
       (11) A description of how the eligible entity will evaluate 
     the grant program, including by collecting, as applicable, 
     the following data about the students in the group described 
     in paragraph (1) during the grant period, or until the time 
     of graduation from a secondary school, whichever comes first, 
     and, if sufficient grant funds are available, after the grant 
     period:
       (A) Attendance rates.
       (B) Progress reports.
       (C) Grades and course selections.
       (D) The student graduation rate, as defined as the 
     percentage of students who graduate from secondary school 
     with a regular diploma in the standard number of years.
       (E) Rates of student completion of the Free Application for 
     Federal Student Aid described in section 483 of the Higher 
     Education Act of 1965 (20 U.S.C. 1090).
       (F) Rates of enrollment in an institution of higher 
     education.
       (G) Rates of completion at an institution of higher 
     education.
       (12) A description of what will happen to the funds in the 
     college savings account portion of the American Dream 
     Accounts that are dedicated to participating students 
     described in paragraph (1) who have not matriculated at an 
     institution of higher education at the time of the conclusion 
     of the period of American Dream Account management described 
     in paragraph (9), including how the eligible entity will give 
     students this information.
       (13) A description of how the eligible entity will ensure 
     that participating students described in paragraph (1) will 
     have access to the Internet.
       (14) A description of how the eligible entity will take 
     into consideration how funds in the college savings account 
     portion of American Dream Accounts will affect participating 
     families' eligibility for public assistance.
       (c) Priority.--In awarding grants under this part, the 
     Secretary shall give priority to applications from eligible 
     entities that--
       (1) are described in subparagraph (G) or (H) of section 
     10303(7);
       (2) serve the largest number of low-income students;
       (3) in the case of an eligible entity described in 
     subparagraph (A) or (B) of section 10303(7), provide 
     opportunities for participating students described in 
     subsection (b)(1) to participate in a dual or concurrent 
     enrollment program or early college high school program at no 
     cost to the student or the student's family; or
       (4) as of the time of application, have been awarded a 
     grant under chapter 2 of subpart 2 of part A of title IV of 
     the Higher Education Act of 1965 (20 U.S.C. 1070a-21 et seq.) 
     (commonly referred to as the ``GEAR UP program'').

     SEC. 10306. AUTHORIZED ACTIVITIES.

       (a) In General.--An eligible entity that receives a grant 
     under this part shall use such grant funds to establish an 
     American Dream Account for each participating student 
     described in section 10305(b)(1), that will be used to--
       (1) open a college savings account for such student;
       (2) monitor the progress of such student online, which--
       (A) shall include monitoring student data relating to--
       (i) grades and course selections;
       (ii) progress reports; and
       (iii) attendance and disciplinary records; and

[[Page S4849]]

       (B) may also include monitoring student data relating to a 
     broad range of information, provided by teachers and family 
     members, related to postsecondary education readiness, 
     access, and completion;
       (3) provide opportunities for such students, either online 
     or in person, to learn about financial literacy, including 
     by--
       (A) assisting such students in financial planning for 
     enrollment in an institution of higher education;
       (B) assisting such students in identifying and applying for 
     financial aid (such as loans, grants, and scholarships) for 
     an institution of higher education; and
       (C) enhancing student understanding of consumer, economic, 
     and personal finance concepts;
       (4) provide opportunities for such students, either online 
     or in person, to learn about preparing for enrollment in an 
     institution of higher education, including by providing 
     instruction to students about--
       (A) choosing the appropriate courses to prepare for 
     postsecondary education;
       (B) applying to an institution of higher education;
       (C) building a student portfolio, which may be used when 
     applying to an institution of higher education;
       (D) selecting an institution of higher education;
       (E) choosing a major for the student's postsecondary 
     program of education or a career path; and
       (F) adapting to life at an institution of higher education; 
     and
       (5) provide opportunities for such students, either online 
     or in person, to identify skills or interests, including 
     career interests.
       (b) Access to American Dream Account.--
       (1) In general.--Subject to paragraphs (3) and (4), and in 
     accordance with applicable Federal laws and regulations 
     relating to privacy of information and the privacy of 
     children, an eligible entity that receives a grant under this 
     part shall allow vested stakeholders, as described in 
     paragraph (2), to have secure access, through an Internet 
     website, to an American Dream Account.
       (2) Vested stakeholders.--The vested stakeholders that an 
     eligible entity shall permit to access an American Dream 
     Account are individuals (such as the student's teachers, 
     school counselors, school administrators, or other 
     individuals) that are designated, in accordance with section 
     444 of the General Education Provisions Act (20 U.S.C. 1232g, 
     commonly known as the ``Family Educational Rights and Privacy 
     Act of 1974''), by the parent of a participating student in 
     whose name such American Dream Account is held, as having 
     permission to access the account. A student's parent may 
     withdraw such designation from an individual at any time.
       (3) Exception for college savings account.--An eligible 
     entity that receives a grant under this part shall not be 
     required to give vested stakeholders, as described in 
     paragraph (2), access to the college savings account portion 
     of a student's American Dream Account.
       (4) Adult students.--Notwithstanding paragraphs (1), (2), 
     and (3), if a participating student is age 18 or older, an 
     eligible entity that receives a grant under this part shall 
     not provide access to such participating student's American 
     Dream Account without the student's consent, in accordance 
     with section 444 of the General Education Provisions Act (20 
     U.S.C. 1232g, commonly known as the ``Family Educational 
     Rights and Privacy Act of 1974'').
       (5) Input of student information.--Student data collected 
     pursuant to subsection (a)(2)(A) shall be entered into an 
     American Dream Account only by a school administrator or the 
     designee of such administrator.
       (c) Prohibition on Use of Student Information.--An eligible 
     entity that receives a grant under this part shall not use 
     any student-level information or data for the purpose of 
     soliciting, advertising, or marketing any financial or non-
     financial consumer product or service that is offered by such 
     eligible entity, or on behalf of any other person.
       (d) Prohibition on the Use of Grant Funds.--An eligible 
     entity shall not use grant funds provided under this part to 
     provide any deposits into a college savings account portion 
     of a student's American Dream Account.

     SEC. 10307. REPORTS AND EVALUATIONS.

       (a) In General.--Not later than 1 year after the Secretary 
     has disbursed grants under this part, and annually thereafter 
     until each grant disbursed under this part has ended, the 
     Secretary shall prepare and submit a report to the 
     appropriate committees of Congress, which shall include an 
     evaluation of the effectiveness of the grant program 
     established under this part.
       (b) Contents.--The report described in subsection (a) 
     shall--
       (1) list the grants that have been awarded under section 
     10304(a);
       (2) include the number of students who have an American 
     Dream Account established through a grant awarded under 
     section 10304(a);
       (3) provide data (including the interest accrued on college 
     savings accounts that are part of an American Dream Account) 
     in the aggregate, regarding students who have an American 
     Dream Account established through a grant awarded under 
     section 10304(a), as compared to similarly situated students 
     who do not have an American Dream Account;
       (4) identify best practices developed by the eligible 
     entities receiving grants under this part;
       (5) identify any issues related to student privacy and 
     stakeholder accessibility to American Dream Accounts;
       (6) provide feedback from participating students and the 
     parents of such students about the grant program, including--
       (A) the impact of the program;
       (B) aspects of the program that are successful;
       (C) aspects of the program that are not successful; and
       (D) any other data required by the Secretary; and
       (7) provide recommendations for expanding the American 
     Dream Accounts program.

     SEC. 10308. ELIGIBILITY TO RECEIVE FEDERAL STUDENT FINANCIAL 
                   AID.

       Notwithstanding any other provision of law, any funds that 
     are in the college savings account portion of a student's 
     American Dream Account shall not affect such student's 
     eligibility to receive Federal student financial aid, 
     including any Federal student financial aid under the Higher 
     Education Act of 1965 (20 U.S.C. 1001 et seq.), and shall not 
     be considered in determining the amount of any such Federal 
     student aid.

     SEC. 10309. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to carry out this 
     part such sums as may be necessary for fiscal year 2016 and 
     each of the 4 succeeding fiscal years.
                                 ______
                                 
  SA 2127. Mr. COONS (for himself, Mr. Rubio, and Mrs. Gillibrand) 
submitted an amendment intended to be proposed to amendment SA 2089 
submitted by Mr. Alexander (for himself and Mrs. Murray) to the bill S. 
1177, to reauthorize the Elementary and Secondary Education Act of 1965 
to ensure that every child achieves; which was ordered to lie on the 
table; as follows:

       At the end of the bill, add the following:

                    PART C--AMERICAN DREAM ACCOUNTS

     SEC. 10301. SHORT TITLE.

       This part may be cited as the ``American Dream Accounts 
     Act''.

     SEC. 10302. FINDINGS.

       Congress finds the following:
       (1) Only 9.8 out of every 100 individuals from low-income 
     families will graduate from an institution of higher 
     education before reaching the age of 24.
       (2) Lack of knowledge about how to apply to, and pay for, 
     an institution of higher education is a barrier for many low-
     income students and students who would be in the first 
     generation in their families to attend an institution of 
     higher education.
       (3) According to Public Agenda, most young adults give 
     secondary school counselors fair or poor ratings for advice 
     about attending an institution of higher education, including 
     advice about how to decide what institution of higher 
     education to attend, how to pay for higher education, what 
     careers to pursue, and how to apply to an institution of 
     higher education.
       (4) More than 1,700,000 students fail to file the Free 
     Application for Federal Student Aid (FAFSA), and about one-
     third of such students would qualify for a Federal Pell 
     Grant.
       (5) During the last 2 decades, costs of attending 
     institutions of higher education have increased dramatically, 
     but need-based financial aid has not kept pace with such 
     increasing costs.
       (6) In the 1990-1991 school year, the maximum Federal Pell 
     Grant covered 45 percent of the average cost of attendance at 
     a public 4-year institution of higher education (including 
     tuition, fees, room, and board), but in the 2010-2011 school 
     year, the maximum Federal Pell Grant covered only 34 percent 
     of such cost.
       (7) Parental and youth college savings are strong 
     predictors of a youth's expectations about attendance at an 
     institution of higher education.
       (8) Only 32 percent of parents who earn less than $35,000 a 
     year are saving for their child's education at an institution 
     of higher education.
       (9) According to the Center for Social Development, 
     ``wilt'' occurs when a young person who expects to graduate 
     from a 4-year institution of higher education has not yet 
     attended such institution by the ages of 19 to 22.
       (10) Children who have savings dedicated for attendance at 
     an institution of higher education are 4 times more likely to 
     attend a 4-year institution of higher education and avoid 
     ``wilt''.

     SEC. 10303. DEFINITIONS.

       In this part:
       (1) American dream account.--The term ``American Dream 
     Account'' means a personal online account for low-income 
     students that monitors higher education readiness and 
     includes a college savings account.
       (2) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means the Committee on 
     Health, Education, Labor, and Pensions, the Committee on 
     Appropriations, and the Committee on Finance of the Senate, 
     and the Committee on Education and the Workforce, the 
     Committee on Appropriations, and the Committee on Ways and 
     Means of the House of Representatives, as well as any other 
     Committee of the Senate or House of Representatives that the 
     Secretary determines appropriate.

[[Page S4850]]

       (3) Charter school.--The term ``charter school'' has the 
     meaning given such term in section 5110 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7221i).
       (4) College savings account.--The term ``college savings 
     account'' means a trust created or organized exclusively for 
     the purpose of paying the qualified expenses of only an 
     individual who, when the trust is created or organized, has 
     not obtained 18 years of age, if the written governing 
     instrument creating the trust contains the following 
     requirements:
       (A) The trustee is a Federally insured financial 
     institution, or a State insured financial institution if a 
     Federally insured financial institution is not available.
       (B) The assets of the trust will be invested in accordance 
     with the direction of the individual or of a parent or 
     guardian of the individual, after consultation with the 
     entity providing the initial contribution to the trust or, if 
     applicable, a matching or other contribution for the 
     individual.
       (C) The assets of the trust will not be commingled with 
     other property except in a common trust fund or common 
     investment fund.
       (D) Any amount in the trust that is attributable to an 
     account seed or matched deposit may be paid or distributed 
     from the trust only for the purpose of paying qualified 
     expenses of the individual.
       (5) Dual or concurrent enrollment program.--The term ``dual 
     or concurrent enrollment program'' means a program of study--
       (A) provided by an institution of higher education through 
     which a student who has not graduated from high school with a 
     regular high school diploma (as defined in section 
     200.19(b)(1)(iv) of title 34, Code of Federal Regulations, as 
     such section was in effect on November 28, 2008) is able to 
     earn postsecondary credit; and
       (B) that shall consist of not less than 2 postsecondary 
     credit-bearing courses and support and academic services that 
     help a student persist and complete such courses.
       (6) Early college high school program.--The term ``early 
     college high school program'' means a formal partnership 
     between at least 1 local educational agency and at least 1 
     institution of higher education that allows participants, who 
     are primarily low-income students, to simultaneously complete 
     requirements toward earning a regular high school diploma (as 
     defined in section 200.19(b)(1)(iv) of title 34, Code of 
     Federal Regulations, as such section was in effect on 
     November 28, 2008) and earn not less than 12 transferable 
     credits as part of an organized course of study toward a 
     postsecondary degree or credential.
       (7) Eligible entity.--The term ``eligible entity'' means--
       (A) a State educational agency;
       (B) a local educational agency, including a charter school 
     that operates as its own local educational agency;
       (C) a charter management organization or charter school 
     authorizer;
       (D) an institution of higher education or a Tribal College 
     or University;
       (E) a nonprofit organization;
       (F) an entity with demonstrated experience in educational 
     savings or in assisting low-income students to prepare for, 
     and attend, an institution of higher education;
       (G) a consortium of 2 or more of the entities described in 
     subparagraphs (A) through (F); or
       (H) a consortium of 1 or more of the entities described in 
     subparagraphs (A) through (F) and a public school, a charter 
     school, a school operated by the Bureau of Indian Affairs, or 
     a tribally controlled school.
       (8) Institution of higher education.--The term 
     ``institution of higher education'' has the meaning given 
     such term in section 101(a) of the Higher Education Act of 
     1965 (20 U.S.C. 1001(a)).
       (9) Local educational agency.--The term ``local educational 
     agency'' has the meaning given such term in section 9101 of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7801).
       (10) Low-income student.--The term ``low-income student'' 
     means a student who is eligible to receive a free or reduced 
     price lunch under the Richard B. Russell National School 
     Lunch Act (42 U.S.C. 1751 et seq.).
       (11) Parent.--The term ``parent'' has the meaning given 
     such term in section 9101 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7801).
       (12) Qualified expenses.--The term ``qualified expenses'' 
     means, with respect to an individual, expenses that--
       (A) are incurred after the individual receives a secondary 
     school diploma or its recognized equivalent; and
       (B) are associated with attending an institution of higher 
     education, including--
       (i) tuition and fees;
       (ii) room and board;
       (iii) textbooks;
       (iv) supplies and equipment; and
       (v) Internet access.
       (13) Secretary.--The term ``Secretary'' means the Secretary 
     of Education.
       (14) State educational agency.--The term ``State 
     educational agency'' has the meaning given such term in 
     section 9101 of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 7801).
       (15) Tribal college or university.--The term ``Tribal 
     College or University'' has the meaning given such term in 
     section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 
     1059c(b)).
       (16) Tribally controlled school.--The term ``tribally 
     controlled school'' has the meaning given such term in 
     section 5212 of the Tribally Controlled Schools Act of 1988 
     (25 U.S.C. 2511).

     SEC. 10304. GRANT PROGRAM.

       (a) Program Authorized.--The Secretary shall establish a 
     pilot program and award 10 grants to eligible entities to 
     enable such eligible entities to establish and administer 
     American Dream Accounts for a group of low-income students.
       (b) Reservation.--From the amounts appropriated each fiscal 
     year to carry out this part, the Secretary shall reserve not 
     more than 5 percent of such amount to carry out the 
     evaluation activities described in section 10307.
       (c) Duration.--A grant awarded under this part shall be for 
     a period of not more than 3 years. The Secretary may extend 
     such grant for an additional 2-year period if the Secretary 
     determines that the eligible entity has demonstrated 
     significant progress, based on the factors described in 
     section 10305(b)(11).

     SEC. 10305. APPLICATIONS; PRIORITY.

       (a) In General.--Each eligible entity desiring a grant 
     under this part shall submit an application to the Secretary 
     at such time, in such manner, and containing such information 
     as the Secretary may require.
       (b) Contents.--At a minimum, the application described in 
     subsection (a) shall include the following:
       (1) A description of the characteristics of a group of not 
     less than 30 low-income public school students who--
       (A) are, at the time of the application, attending a grade 
     not higher than grade 9; and
       (B) will, under the grant, receive an American Dream 
     Account.
       (2) A description of how the eligible entity will engage, 
     and provide support (such as tutoring and mentoring for 
     students, and training for teachers and other stakeholders) 
     either online or in person, to--
       (A) the students in the group described in paragraph (1);
       (B) the family members and teachers of such students; and
       (C) other stakeholders such as school administrators and 
     school counselors.
       (3) An identification of partners who will assist the 
     eligible entity in establishing and sustaining American Dream 
     Accounts.
       (4) A description of what experience the eligible entity or 
     the partners of the eligible entity have in managing college 
     savings accounts, preparing low-income students for 
     postsecondary education, managing online systems, and 
     teaching financial literacy.
       (5) A demonstration that the eligible entity has sufficient 
     resources to provide an initial deposit into the college 
     savings account portion of each American Dream Account.
       (6) A description of how the eligible entity will help 
     increase the value of the college savings account portion of 
     each American Dream Account, such as by providing matching 
     funds or incentives for academic achievement.
       (7) A description of how the eligible entity will notify 
     each participating student in the group described in 
     paragraph (1), on a semiannual basis, of the current balance 
     and status of the college savings account portion of the 
     American Dream Account of the student.
       (8) A plan that describes how the eligible entity will 
     monitor participating students in the group described in 
     paragraph (1) to ensure that the American Dream Account of 
     each student will be maintained if a student in such group 
     changes schools before graduating from secondary school.
       (9) A plan that describes how the American Dream Accounts 
     will be managed for not less than 1 year after a majority of 
     the students in the group described in paragraph (1) graduate 
     from secondary school.
       (10) A description of how the eligible entity will 
     encourage students in the group described in paragraph (1) 
     who fail to graduate from secondary school to continue their 
     education.
       (11) A description of how the eligible entity will evaluate 
     the grant program, including by collecting, as applicable, 
     the following data about the students in the group described 
     in paragraph (1) during the grant period, or until the time 
     of graduation from a secondary school, whichever comes first, 
     and, if sufficient grant funds are available, after the grant 
     period:
       (A) Attendance rates.
       (B) Progress reports.
       (C) Grades and course selections.
       (D) The student graduation rate, as defined as the 
     percentage of students who graduate from secondary school 
     with a regular diploma in the standard number of years.
       (E) Rates of student completion of the Free Application for 
     Federal Student Aid described in section 483 of the Higher 
     Education Act of 1965 (20 U.S.C. 1090).
       (F) Rates of enrollment in an institution of higher 
     education.
       (G) Rates of completion at an institution of higher 
     education.
       (12) A description of what will happen to the funds in the 
     college savings account portion of the American Dream 
     Accounts that are dedicated to participating students 
     described in paragraph (1) who have not matriculated at an 
     institution of higher education at the time of the conclusion 
     of the period of American Dream Account management described 
     in paragraph (9), including how the eligible entity will give 
     students this information.

[[Page S4851]]

       (13) A description of how the eligible entity will ensure 
     that participating students described in paragraph (1) will 
     have access to the Internet.
       (14) A description of how the eligible entity will take 
     into consideration how funds in the college savings account 
     portion of American Dream Accounts will affect participating 
     families' eligibility for public assistance.
       (c) Priority.--In awarding grants under this part, the 
     Secretary shall give priority to applications from eligible 
     entities that--
       (1) are described in subparagraph (G) or (H) of section 
     10303(7);
       (2) serve the largest number of low-income students;
       (3) in the case of an eligible entity described in 
     subparagraph (A) or (B) of section 10303(7), provide 
     opportunities for participating students described in 
     subsection (b)(1) to participate in a dual or concurrent 
     enrollment program or early college high school program at no 
     cost to the student or the student's family; or
       (4) as of the time of application, have been awarded a 
     grant under chapter 2 of subpart 2 of part A of title IV of 
     the Higher Education Act of 1965 (20 U.S.C. 1070a-21 et seq.) 
     (commonly referred to as the ``GEAR UP program'').

     SEC. 10306. AUTHORIZED ACTIVITIES.

       (a) In General.--An eligible entity that receives a grant 
     under this part shall use such grant funds to establish an 
     American Dream Account for each participating student 
     described in section 10305(b)(1), that will be used to--
       (1) open a college savings account for such student;
       (2) monitor the progress of such student online, which--
       (A) shall include monitoring student data relating to--
       (i) grades and course selections;
       (ii) progress reports; and
       (iii) attendance and disciplinary records; and
       (B) may also include monitoring student data relating to a 
     broad range of information, provided by teachers and family 
     members, related to postsecondary education readiness, 
     access, and completion;
       (3) provide opportunities for such students, either online 
     or in person, to learn about financial literacy, including 
     by--
       (A) assisting such students in financial planning for 
     enrollment in an institution of higher education;
       (B) assisting such students in identifying and applying for 
     financial aid (such as loans, grants, and scholarships) for 
     an institution of higher education; and
       (C) enhancing student understanding of consumer, economic, 
     and personal finance concepts;
       (4) provide opportunities for such students, either online 
     or in person, to learn about preparing for enrollment in an 
     institution of higher education, including by providing 
     instruction to students about--
       (A) choosing the appropriate courses to prepare for 
     postsecondary education;
       (B) applying to an institution of higher education;
       (C) building a student portfolio, which may be used when 
     applying to an institution of higher education;
       (D) selecting an institution of higher education;
       (E) choosing a major for the student's postsecondary 
     program of education or a career path; and
       (F) adapting to life at an institution of higher education; 
     and
       (5) provide opportunities for such students, either online 
     or in person, to identify skills or interests, including 
     career interests.
       (b) Access to American Dream Account.--
       (1) In general.--Subject to paragraphs (3) and (4), and in 
     accordance with applicable Federal laws and regulations 
     relating to privacy of information and the privacy of 
     children, an eligible entity that receives a grant under this 
     part shall allow vested stakeholders, as described in 
     paragraph (2), to have secure access, through an Internet 
     website, to an American Dream Account.
       (2) Vested stakeholders.--The vested stakeholders that an 
     eligible entity shall permit to access an American Dream 
     Account are individuals (such as the student's teachers, 
     school counselors, school administrators, or other 
     individuals) that are designated, in accordance with section 
     444 of the General Education Provisions Act (20 U.S.C. 1232g, 
     commonly known as the ``Family Educational Rights and Privacy 
     Act of 1974''), by the parent of a participating student in 
     whose name such American Dream Account is held, as having 
     permission to access the account. A student's parent may 
     withdraw such designation from an individual at any time.
       (3) Exception for college savings account.--An eligible 
     entity that receives a grant under this part shall not be 
     required to give vested stakeholders, as described in 
     paragraph (2), access to the college savings account portion 
     of a student's American Dream Account.
       (4) Adult students.--Notwithstanding paragraphs (1), (2), 
     and (3), if a participating student is age 18 or older, an 
     eligible entity that receives a grant under this part shall 
     not provide access to such participating student's American 
     Dream Account without the student's consent, in accordance 
     with section 444 of the General Education Provisions Act (20 
     U.S.C. 1232g, commonly known as the ``Family Educational 
     Rights and Privacy Act of 1974'').
       (5) Input of student information.--Student data collected 
     pursuant to subsection (a)(2)(A) shall be entered into an 
     American Dream Account only by a school administrator or the 
     designee of such administrator.
       (c) Prohibition on Use of Student Information.--An eligible 
     entity that receives a grant under this part shall not use 
     any student-level information or data for the purpose of 
     soliciting, advertising, or marketing any financial or non-
     financial consumer product or service that is offered by such 
     eligible entity, or on behalf of any other person.
       (d) Prohibition on the Use of Grant Funds.--An eligible 
     entity shall not use grant funds provided under this part to 
     provide any initial deposits into a college savings account 
     portion of a student's American Dream Account.

     SEC. 10307. REPORTS AND EVALUATIONS.

       (a) In General.--Not later than 1 year after the Secretary 
     has disbursed grants under this part, and annually thereafter 
     until each grant disbursed under this part has ended, the 
     Secretary shall prepare and submit a report to the 
     appropriate committees of Congress, which shall include an 
     evaluation of the effectiveness of the grant program 
     established under this part.
       (b) Contents.--The report described in subsection (a) 
     shall--
       (1) list the grants that have been awarded under section 
     10304(a);
       (2) include the number of students who have an American 
     Dream Account established through a grant awarded under 
     section 10304(a);
       (3) provide data (including the interest accrued on college 
     savings accounts that are part of an American Dream Account) 
     in the aggregate, regarding students who have an American 
     Dream Account established through a grant awarded under 
     section 10304(a), as compared to similarly situated students 
     who do not have an American Dream Account;
       (4) identify best practices developed by the eligible 
     entities receiving grants under this part;
       (5) identify any issues related to student privacy and 
     stakeholder accessibility to American Dream Accounts;
       (6) provide feedback from participating students and the 
     parents of such students about the grant program, including--
       (A) the impact of the program;
       (B) aspects of the program that are successful;
       (C) aspects of the program that are not successful; and
       (D) any other data required by the Secretary; and
       (7) provide recommendations for expanding the American 
     Dream Accounts program.

     SEC. 10308. ELIGIBILITY TO RECEIVE FEDERAL STUDENT FINANCIAL 
                   AID.

       Notwithstanding any other provision of law, any funds that 
     are in the college savings account portion of a student's 
     American Dream Account shall not affect such student's 
     eligibility to receive Federal student financial aid, 
     including any Federal student financial aid under the Higher 
     Education Act of 1965 (20 U.S.C. 1001 et seq.), and shall not 
     be considered in determining the amount of any such Federal 
     student aid.

     SEC. 10309. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to carry out this 
     part such sums as may be necessary for fiscal year 2016 and 
     each of the 4 succeeding fiscal years.
                                 ______
                                 
  SA 2128. Mr. KAINE (for himself, Ms. Ayotte, Mr. Whitehouse, Mr. 
Casey, Mr. Warner, and Mrs. Boxer) submitted an amendment intended to 
be proposed to amendment SA 2089 submitted by Mr. Alexander (for 
himself and Mrs. Murray) to the bill S. 1177, to reauthorize the 
Elementary and Secondary Education Act of 1965 to ensure that every 
child achieves; which was ordered to lie on the table; as follows:

       After section 5010, insert the following:

     SEC. 5011. MIDDLE SCHOOL TECHNICAL EDUCATION PROGRAM.

       Title V (20 U.S.C. 7201 et seq.), as amended by section 
     5001, is further amended by inserting after part I, as added 
     by section 5010, the following:

          ``PART J--MIDDLE SCHOOL TECHNICAL EDUCATION PROGRAM

     ``SEC. 5951. PURPOSE; DEFINITIONS.

       ``(a) Purpose.--The purpose of this part is to support the 
     development of middle school career exploration programs 
     linked to career and technical education programs of study.
       ``(b) Definitions.--In this part:
       ``(1) Career and technical education exploration program.--
     The term `career and technical education exploration program' 
     means a program that is developed through an organized, 
     systemic framework and is designed to aid students in making 
     informed plans and decisions about future education and 
     career opportunities and enrollment in career and technical 
     education programs of study.
       ``(2) Eligible partnership.--The term `eligible 
     partnership' means an entity that--
       ``(A) shall include--
       ``(i) not less than 1 local educational agency that 
     receives funding under section 131 of the Carl D. Perkins 
     Career and Technical Education Act of 2006 (20 U.S.C. 2351), 
     or an area career and technical education school

[[Page S4852]]

     or educational service agency described in such section;
       ``(ii) not less than 1 eligible institution that receives 
     funding under section 132 of the Carl D. Perkins Career and 
     Technical Education Act of 2006 (20 U.S.C. 2352); and
       ``(iii) not less than 1 representative of either a local or 
     regional business, industry, nonprofit organization, or 
     apprenticeship program; and
       ``(B) may include other representatives of the community, 
     including representatives of parents' organizations, labor 
     organizations, nonprofit organizations, employers, and 
     representatives of local workforce development boards 
     (established under subtitle A of title I of the Workforce 
     Innovation and Opportunity Act).

     ``SEC. 5952. CAREER EXPLORATION PROGRAM DEVELOPMENT GRANTS.

       ``(a) Authorization.--The Secretary shall create a pilot 
     program to support the establishment of career and technical 
     education exploration programs. In carrying out the pilot 
     program, the Secretary shall award grants to eligible 
     partnerships to enable the eligible partnerships to develop 
     middle school career and technical education exploration 
     programs that are aligned with career and technical education 
     programs of study described in section 122(c)(1)(A) of the 
     Carl D. Perkins Career and Technical Education Act of 2006 
     (20 U.S.C. 2342(c)(1)(A)).
       ``(b) Grant Duration.--Grants awarded under this part shall 
     be for a period of not more than 4 years.
       ``(c) Application.--An eligible partnership seeking a grant 
     under this section shall submit an application to the 
     Secretary at such time and in such manner as the Secretary 
     may require. Each application shall include--
       ``(1) a description of the partner entities comprising the 
     eligible partnership, the roles and responsibilities of each 
     partner, and a demonstration of each partner's capacity to 
     support the program;
       ``(2) a description of how the eligible partnership will 
     use grant funds to carry out each of the activities described 
     under subsection (e);
       ``(3) a description of how the middle school career and 
     technical education exploration program aligns to regional 
     economies and local emerging workforce needs;
       ``(4) a description of how the new middle school career and 
     technical education exploration program is linked to--
       ``(A) 1 or more career and technical education programs of 
     study offered by the agency or school described in section 
     5951(b)(2)(A)(i); and
       ``(B) 1 or more career and technical education programs of 
     study offered by the postsecondary institution described in 
     section 5951(b)(2)(A)(ii);
       ``(5) a description of the students that will be served by 
     the middle school career and technical education exploration 
     program;
       ``(6) a description of how the middle school career and 
     technical education exploration program funded by the grant 
     will be replicable;
       ``(7) a description of how the eligible partnership will 
     disseminate information about best practices resulting from 
     the middle school career and technical education exploration 
     program to similar career and technical education programs of 
     study, including such programs in urban and rural areas;
       ``(8) a description of how the middle school career and 
     technical education exploration program will be implemented;
       ``(9) a description of how the middle school career and 
     technical education exploration program will provide 
     accessibility to students, especially economically 
     disadvantaged, low-performing, and urban and rural students; 
     and
       ``(10) a description of how the eligible partnership will 
     carry out the evaluation required under subsection (f).
       ``(d) Selection of Grantees.--
       ``(1) In general.--The Secretary shall determine, based on 
     the peer review process described in paragraph (3) and 
     subject to the requirement in paragraph (4), which eligible 
     partnership applicants shall receive funding under this part, 
     and the amount of the grant funding under this part that each 
     selected eligible partnership will receive.
       ``(2) Grant amounts.--In determining the amount of each 
     grant awarded under this part, the Secretary shall--
       ``(A) ensure that all grants are of sufficient size, scope, 
     and quality to be effective; and
       ``(B) take into account the total amount of funds available 
     for all grants under this part and the types of activities 
     proposed to be carried out by the eligible partnership.
       ``(3) Peer review process.--
       ``(A) Establishment of peer review committee.--The 
     Secretary shall convene a peer review committee to review 
     applications for grants under this part and to make 
     recommendations to the Secretary regarding the selection of 
     grantees.
       ``(B) Members of the peer review committee.--The peer 
     review committee shall include the following members:
       ``(i) Educators who have experience implementing career and 
     technical education programs and career exploration programs.
       ``(ii) Experts in the field of career and technical 
     education.
       ``(4) Rural or small local educational agencies.--The 
     Secretary shall set aside not less than 5 percent of the 
     funds made available to award grants under this part to award 
     grants to eligible partnerships that include rural or small 
     local educational agencies, as defined by the Secretary.
       ``(e) Use of Funds.--Each eligible partnership receiving a 
     grant under this section shall use grant funds to develop and 
     implement a middle school career and technical education 
     exploration program that--
       ``(1) shall--
       ``(A) include introductory courses or experiential 
     activities, such as student apprenticeships or other work-
     based learning methods and project-based learning 
     experiences;
       ``(B) include the implementation of a plan that 
     demonstrates the transition from the middle school career and 
     technical education exploration program to a career and 
     technical education program of study that is offered by the 
     entity described in section 5951(b)(2)(A)(i);
       ``(C) include programs and activities related to the 
     development of individualized graduation and career plans for 
     students; and
       ``(D) offer career guidance and academic counseling that--
       ``(i) provides information about postsecondary education 
     and career options; and
       ``(ii) provides participating students with readily 
     available career and labor market information, such as 
     information about employment sectors, educational 
     requirements, information on workforce supply and demand, and 
     other information on careers that are aligned to State or 
     local economic priorities; and
       ``(2) may include expanded learning time activities that--
       ``(A) focus on career exploration, including 
     apprenticeships and internships;
       ``(B) are available to all students in a middle school; and
       ``(C) take place during a time that is outside of the 
     standard hours of enrollment for students that are served by 
     the local educational agency.
       ``(f) Evaluations and Report.--
       ``(1) Evaluation.--
       ``(A) In general.--Each eligible partnership that receives 
     a grant under this part shall collect appropriate data or 
     otherwise document through records (in a manner that complies 
     with section 444 of the General Education Provisions Act (20 
     U.S.C. 1232g), commonly known as the `Family Educational 
     Rights and Privacy Act of 1974', and other applicable Federal 
     and State privacy laws) the information necessary to conduct 
     an evaluation of grant activities, including an evaluation 
     of--
       ``(i) the extent of student participation in the middle 
     school career and technical education exploration program 
     carried out under this part;
       ``(ii) the impact of the middle school career and technical 
     education exploration program carried out under this part on 
     the students' transition to, or planned participation in, 
     career and technical programs of study (as described in 
     section 122(c)(1)(A) of the Carl D. Perkins Career and 
     Technical Education Act of 2006 (20 U.S.C. 2342(c)(1)(A)); 
     and
       ``(iii) any other measurable outcomes specified by the 
     Secretary.
       ``(B) Resources of the eligible partnership.--The 
     evaluation described in this paragraph shall reflect the 
     resources and capacity of the local educational agency, area 
     career and technical education school, or educational service 
     agency that is part of the eligible partnership in a manner 
     determined by the Secretary.
       ``(2) Report.--The eligible partnership shall prepare and 
     submit to the Secretary a report containing the results of 
     the evaluation described in paragraph (1).''.
                                 ______
                                 
  SA 2129. Mr. TESTER submitted an amendment intended to be proposed to 
amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:

       On page 38, beginning on line 15, strike ``be 
     administered--'' and all that follows through line 19, and 
     insert ``be administered not less than one time, during--''
       ``(aa) grades 3 through 5;
       ``(bb) grades 6 through 9; and
       ``(cc) grades 10 through 12; and''.
                                 ______
                                 
  SA 2130. Mr. SCHATZ submitted an amendment intended to be proposed to 
amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:

       On page 69, between lines 16 and 17, insert the following:
       ``(N) if applicable, whether the State conducts periodic 
     assessments of the condition of elementary school and 
     secondary school facilities in the State, which may include 
     an assessment of the age of the facility and the state of 
     repair of the facility;
                                 ______
                                 
  SA 2131. Mr. CASEY (for himself, Mr. Isakson, and Ms. Warren) 
submitted an amendment intended to be proposed to amendment SA 2089 
submitted by Mr. Alexander (for himself and Mrs. Murray) to the bill S. 
1177, to reauthorize the Elementary and Secondary Education Act of 1965 
to ensure that

[[Page S4853]]

every child achieves; which was ordered to lie on the table; as 
follows:

       On page 39 line 15, insert ``, such as interoperability 
     with and ability to use assistive technology,'' after 
     ``accommodations''.
                                 ______
                                 
  SA 2132. Mr. SCOTT (for himself, Mr. Cruz, Mr. Lee, Mr. Rubio, Mr. 
Sasse, and Mr. Vitter) submitted an amendment intended to be proposed 
to amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:

       After section 1010, insert the following:

     SEC. 1011. FUNDS TO FOLLOW THE LOW-INCOME CHILD STATE OPTION.

       Subpart 2 of part A of title I is amended by inserting 
     after section 1122 the following:

     ``SEC. 1123. FUNDS TO FOLLOW THE LOW-INCOME CHILD STATE 
                   OPTION.

       ``(a) Funds Follow the Low-income Child.--Notwithstanding 
     any other provisions in this title requiring a State to 
     reserve or distribute funds, a State may, in accordance with 
     and as permitted by State law, distribute funds under this 
     subpart among the local educational agencies in the State 
     based on the number of eligible children enrolled in the 
     public schools operated by each local educational agency and 
     the number of eligible children within each local educational 
     agency's geographical area whose parents elect to send their 
     child to a private school, for the purposes of ensuring that 
     funding under this subpart follows low-income children to the 
     public school they attend and that payments will be made to 
     the parents of eligible children who choose to enroll their 
     eligible children in private schools.
       ``(b) Eligible Child.--
       ``(1) Definition.--In this section, the term `eligible 
     child' means a child aged 5 to 17, inclusive from a family 
     with an income below the poverty level on the basis of the 
     most recent satisfactory data published by the Department of 
     Commerce.
       ``(2) Criteria of poverty.--In determining the families 
     with incomes below the poverty level for the purposes of this 
     section, a State educational agency shall use the criteria of 
     poverty used by the Census Bureau in compiling the most 
     recent decennial census, as the criteria have been updated by 
     increases in the Consumer Price Index for All Urban 
     Consumers, published by the Bureau of Labor Statistics.
       ``(c) Identification of Eligible Children; Allocation and 
     Distribution of Funds.--
       ``(1) Identification of eligible children.--On an annual 
     basis, on a date to be determined by the State educational 
     agency, each local educational agency shall inform the State 
     educational agency of the number of eligible children 
     enrolled in public schools served by the local educational 
     agency and the number of eligible children within each local 
     educational agency's geographical area whose parents elect to 
     send their child to a private school.
       ``(2) Amount of payment.--
       ``(A) In general.--Subject to subparagraph (B), the amount 
     of payment for each eligible child described in this section 
     shall be equal to--
       ``(i) the total amount allotted to the State under this 
     subpart; divided by
       ``(ii) the total number of eligible children in the State 
     identified under paragraph (1).
       ``(B) Limitation.--In the case of a payment made to the 
     parents of an eligible child who elects to attend a private 
     school, the amount of the payment described in subparagraph 
     (A) for each eligible child shall not exceed the cost for 
     tuition, fees, and transportation for the eligible child to 
     attend the private school.
       ``(3) Allocation to local educational agencies.--Based on 
     the identification of eligible children in paragraph (1), the 
     State educational agency shall provide to a local educational 
     agency an amount equal to the product of--
       ``(A) the amount available for each eligible child in the 
     State, as determined in paragraph (2); multiplied by
       ``(B) the number of eligible children identified by the 
     local educational agency under paragraph (1).
       ``(4) Distribution to schools.--From amounts allocated 
     under paragraph (3) and notwithstanding any provisions in 
     this title requiring a local educational agency to reserve 
     funds, each local educational agency that receives funds 
     under such paragraph shall distribute a portion of such funds 
     to the public schools served by the local educational agency, 
     which amount shall--
       ``(A) be based on the number of eligible children enrolled 
     in such schools and included in the count submitted under 
     paragraph (1); and
       ``(B) be distributed in a manner that would, in the absence 
     of such Federal funds, supplement the funds made available 
     from non-Federal resources for the education of pupils 
     participating in programs under this part, and not to 
     supplant such funds (in accordance with the method of 
     determination described in section 1117).
       ``(5) Distribution to parents.--
       ``(A) In general.--From the amounts allocated under 
     paragraph (3) and notwithstanding any provisions in this 
     title requiring a local educational agency to reserve funds, 
     each local educational agency that receives funds under such 
     paragraph shall distribute a portion of such funds, in an 
     amount equal to the amount described in paragraph (2), to the 
     parents of each eligible child within the local educational 
     agency's geographical area who elect to send their child to a 
     private school and whose child is included in the count of 
     such eligible children under paragraph (1), which amount 
     shall be distributed in a manner so as to ensure that such 
     payments will be used for the payment of tuition, fees, and 
     transportation expenses (if any).
       ``(B) Reservation.--A local educational agency described in 
     this paragraph may reserve not more than 1 percent of the 
     funds available for distribution under subparagraph (A) to 
     pay administrative costs associated with carrying out the 
     activities described in such subparagraph.
       ``(d) Technical Assistance.--The Secretary, in consultation 
     with the Secretary of Commerce, shall provide technical 
     assistance to the State educational agencies that choose to 
     allocate grant funds in accordance with subsection (a), for 
     the purpose of assisting local educational agencies and 
     schools in such States to determine an accurate methodology 
     to identify the number of eligible children under subsection 
     (c)(1).
       ``(e) Rule of Construction.--Payments to parents under this 
     subsection (c)(5) shall be considered assistance to the 
     eligible child and shall not be considered assistance to the 
     school that enrolls the eligible child. The amount of any 
     payment under this section shall not be treated as income of 
     the child or his or her parents for purposes of Federal tax 
     laws or for determining eligibility for any other Federal 
     program.
       ``(f) Requirements for Participating Private Schools.--A 
     private school that enrolls eligible children whose parents 
     receive funds under this section--
       ``(1) shall be accredited, licensed, or otherwise operating 
     in accordance with State law;
       ``(2) shall ensure that the amount of any tuition or fees 
     charged by the school to an eligible child whose parents 
     receive funds from a local educational agency through a 
     distribution under this section does not exceed the amount of 
     tuition or fees that the school charges to students whose 
     parents do not receive such funds;
       ``(3) shall be academically accountable to the parent for 
     meeting the educational needs of the student; and
       ``(4) shall not discriminate against eligible children on 
     the basis of race, color, national origin, or sex, except 
     that--
       ``(A) the prohibition of sex discrimination shall not apply 
     to a participating school that is operated by, supervised by, 
     controlled by, or connected to a religious organization to 
     the extent that the application of such prohibition is 
     inconsistent with the religious tenets or beliefs of the 
     school; and
       ``(B) notwithstanding this paragraph or any other provision 
     of law, a parent may choose, and a school may offer, a 
     single-sex school, class, or activity.
       ``(g) Prohibitions on Control of Participating Private 
     Schools.--Notwithstanding any other provision of law, a 
     private school that enrolls eligible children whose parents 
     receive funds under this section--
       ``(1) may be a school that is operated by, supervised by, 
     controlled by, or connected to, a religious organization to 
     exercise its right in matters of employment consistent with 
     title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et 
     seq.), including the exemptions in that title; and
       ``(2) consistent with the First Amendment of the 
     Constitution of the United States, shall not--
       ``(A) be required to make any change in the school's 
     teaching mission;
       ``(B) be required to remove religious art, icons, 
     scriptures, or other symbols; or
       ``(C) be precluded from retaining religious terms in its 
     name, selecting its board members on a religious basis, or 
     including religious references in its mission statements and 
     other chartering or governing documents.
       ``(h) Evaluation.--Every 2 years, the Secretary shall 
     conduct an evaluation of eligible children whose parents 
     receive funds under this section, which shall include an 
     evaluation of--
       ``(1) 4-year adjusted cohort graduation rates; and
       ``(2) parental satisfaction regarding the relevant 
     activities carried out under this section.
       ``(i) Requests for Data and Information.--Each school that 
     enrolls eligible children whose parents receive funds under 
     this section shall comply with all requests for data and 
     information regarding evaluations conducted under subsection 
     (h).
       ``(j) Rules of Conduct and Other School Policies.--A school 
     that enrolls eligible children whose parents receive funds 
     under this section may require such children to abide by any 
     rules of conduct and other requirements applicable to all 
     other students at the school.
       ``(k) Report to Parents.--
       ``(1) In general.--Each school that enrolls eligible 
     children whose parents receive funds under this section shall 
     report, at least once during the school year, to such parents 
     on--
       ``(A) their child's academic achievement, as measured by a 
     comparison with--
       ``(i) the aggregate academic achievement of other students 
     at the school who are eligible children whose parents receive 
     funds under this section and who are in the same grade or 
     level, as appropriate; and
       ``(ii) the aggregate academic achievement of the student's 
     peers at the school who are

[[Page S4854]]

     in the same grade or level, as appropriate; and
       ``(B) the safety of the school, including the incidence of 
     school violence, student suspensions, and student expulsions.
       ``(2) Prohibition on disclosure of personal information.--
     No report under this subsection may contain any personally 
     identifiable information, except that a student's parent may 
     receive a report containing personally identifiable 
     information relating to their own child.''.
                                 ______
                                 
  SA 2133. Mr. SCOTT (for himself, Mr. Cruz, Mr. Rubio, and Mr. Vitter) 
submitted an amendment intended to be proposed to amendment SA 2089 
submitted by Mr. Alexander (for himself and Mrs. Murray) to the bill S. 
1177, to reauthorize the Elementary and Secondary Education Act of 1965 
to ensure that every child achieves; which was ordered to lie on the 
table; as follows:

       After part A of title X, insert the following:

    PART B--EDUCATION PORTABILITY FOR INDIVIDUALS WITH DISABILITIES

     SEC. 10201. PURPOSE.

       The purpose of this part is to provide options to States to 
     innovate and improve the education of children with 
     disabilities by expanding the choices for students and 
     parents under the Individuals with Disabilities Education Act 
     (20 U.S.C. 1400 et seq.).

     SEC. 10202. AMENDMENTS TO THE INDIVIDUALS WITH DISABILITIES 
                   EDUCATION ACT.

       (a) Children Enrolled in Private Schools by Their 
     Parents.--Section 612(a)(10)(A) of the Individuals with 
     Disabilities Education Act (20 U.S.C. 1412(a)(10)(A)) is 
     amended by adding at the end the following:
       ``(viii) Parent option program.--If a State has established 
     a program that meets the requirements of section 663(c)(11) 
     (whether statewide or in limited areas of the State) and that 
     allows a parent of a child described in section 663(c)(11)(A) 
     to use public funds, or private funds in accordance with 
     633(c)(11)(B)(ii), to pay some or all of the costs of 
     attendance at a private school--

       ``(I) funds allocated to the State under section 611 may be 
     used by the State to supplement such public or private funds, 
     if the Federal funds are distributed to parents who make a 
     genuine independent choice as to the appropriate school for 
     their child, except that in no case shall the amount of 
     Federal funds provided under this subclause to a parent of a 
     child with a disability for a year exceed the total amount of 
     tuition, fees, and transportation costs for the child for the 
     year;
       ``(II) the authorization of a parent to exercise this 
     option fulfills the State's obligation under paragraph (1) 
     with respect to the child during the period in which the 
     child is enrolled in the selected school; and
       ``(III) a selected school accepting such funds shall not be 
     required to carry out any of the requirements of this title 
     with respect to such child.''.

       (b) Research and Innovation To Improve Services and Results 
     for Children With Disabilities.--Section 663(c) of the 
     Individuals with Disabilities Education Act (20 U.S.C. 
     1463(c)) is amended--
       (1) in paragraph (9), by striking ``and'' after the 
     semicolon;
       (2) in paragraph (10), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(11) supporting the post-award planning and design, and 
     the initial implementation (which may include costs for 
     informing the community, acquiring necessary equipment and 
     supplies, and other initial operational costs), during a 
     period of not more than 3 years, of State programs that allow 
     the parent of a child with a disability to make a genuine 
     independent choice of the appropriate public or private 
     school for their child, if the program--
       ``(A) requires that the child be a child who has received 
     an initial evaluation described in section 614(a) and has 
     been identified as a child with a disability, in accordance 
     with part B;
       ``(B)(i) permits the parent to receive from the State funds 
     to be used to pay some or all of the costs of attendance at 
     the selected school (which may include tuition, fees, and 
     transportation costs); or
       ``(ii) permits persons to receive a State tax credit for 
     donations to an entity that provides funds to parents of 
     eligible students described in subparagraph (A), to be used 
     by the parents to pay some or all of the costs of attendance 
     at the selected school (which may include tuition, fees, and 
     transportation costs);
       ``(C) prohibits any school that agrees to participate in 
     the program from discriminating against eligible students on 
     the basis of race, color, national origin, or sex, except 
     that--
       ``(i) the prohibition of sex discrimination shall not apply 
     to a participating school that is operated by, supervised by, 
     controlled by, or connected to a religious organization to 
     the extent that the application of such prohibition is 
     inconsistent with the religious tenets or beliefs of the 
     school; and
       ``(ii) notwithstanding this subparagraph or any other 
     provision of law, a parent may choose, and a school may 
     offer, a single-sex school, class, or activity;
       ``(D) notwithstanding any other provision of law, allows 
     any school participating in the program that is operated by, 
     supervised by, controlled by, or connected to, a religious 
     organization to exercise its right in matters of employment 
     consistent with title VII of the Civil Rights Act of 1964 (42 
     U.S.C. 2000e et seq.), including the exemptions in that 
     title;
       ``(E) allows a school to participate in the program 
     without, consistent with the First Amendment of the 
     Constitution of the United States--
       ``(i) necessitating any change in the participating 
     school's teaching mission;
       ``(ii) requiring any private participating school to remove 
     religious art, icons, scriptures, or other symbols; or
       ``(iii) precluding any private participating school from 
     retaining religious terms in its name, selecting its board 
     members on a religious basis, or including religious 
     references in its mission statements and other chartering or 
     governing documents; and
       ``(F) requires a participating school selected for a child 
     with a disability to be--
       ``(i) accredited, licensed, or otherwise operating in 
     accordance with State law; and
       ``(ii) academically accountable to the parent for meeting 
     the educational needs of the student.''.
                                 ______
                                 
  SA 2134. Mr. SCOTT (for himself, Mr. Cruz, Mr. Hatch, Mr. Rubio, and 
Mr. Vitter) submitted an amendment intended to be proposed by him to 
the bill S. 1177, to reauthorize the Elementary and Secondary Education 
Act of 1965 to ensure that every child achieves; which was ordered to 
lie on the table; as follows:

       At the end, add the following:

                          TITLE XI--CHOICE ACT

     SECTION 11001. SHORT TITLE.

       This title may be cited as the ``Creating Hope and 
     Opportunity for Individuals and Communities through Education 
     Act'' or the ``CHOICE Act''.

   PART A--IMPROVING THE SCHOLARSHIPS FOR OPPORTUNITY AND RESULTS ACT

     SEC. 11101. PURPOSE.

       The purpose of this part is to amend the Scholarships for 
     Opportunity and Results Act (Public Law 112-10, 125 Stat. 
     199) in order to improve provisions concerning opportunity 
     scholarships available for low-income students in the 
     District of Columbia.

     SEC. 11102. IMPROVEMENTS TO THE SCHOLARSHIPS FOR OPPORTUNITY 
                   AND RESULTS ACT.

       (a) Carryover Amounts.--Section 3014 of division C of the 
     Department of Defense and Full-Year Continuing Appropriations 
     Act, 2011 (Public Law 112-10, 125 Stat. 212) is amended by 
     adding at the end the following:
       ``(c) Carryover Amounts.--
       ``(1) In general.--Amounts appropriated under this section 
     shall remain available until expended.
       ``(2) Use of carryover amounts.--Of the funds appropriated 
     under this section that are unobligated, are not expended in 
     the fiscal year for which such funds are appropriated, and 
     are not necessary for the continuation of the scholarships 
     already awarded, the Secretary shall, for the subsequent 
     fiscal year--
       ``(A) use 2 percent of such funds to carry out outreach and 
     parental education and assistance activities described in 
     section 3007(c) that are in addition to any such activities 
     carried out by an eligible entity under such section; and
       ``(B) use the remaining amount of such funds to provide 
     opportunity scholarships to eligible students who have not 
     previously received such a scholarship.''.
       (b) Clarification in Student Eligibility.--Section 3013(3) 
     of division C of the Department of Defense and Full-Year 
     Continuing Appropriations Act, 2011 (Public Law 112-10, 125 
     Stat. 211) is amended, in the matter preceding subparagraph 
     (A), by inserting ``, is enrolled, or will be enrolled for 
     the next school year, in a public or private elementary 
     school or secondary school,'' after ``District of Columbia''.

    PART B--EDUCATION PORTABILITY FOR INDIVIDUALS WITH DISABILITIES

     SEC. 11201. PURPOSE.

       The purpose of this part is to provide options to States to 
     innovate and improve the education of children with 
     disabilities by expanding the choices for students and 
     parents under the Individuals with Disabilities Education Act 
     (20 U.S.C. 1400 et seq.).

     SEC. 11202. AMENDMENTS TO THE INDIVIDUALS WITH DISABILITIES 
                   EDUCATION ACT.

       (a) Children Enrolled in Private Schools by Their 
     Parents.--Section 612(a)(10)(A) of the Individuals with 
     Disabilities Education Act (20 U.S.C. 1412(a)(10)(A)) is 
     amended by adding at the end the following:
       ``(viii) Parent option program.--If a State has established 
     a program that meets the requirements of section 663(c)(11) 
     (whether statewide or in limited areas of the State) and that 
     allows a parent of a child described in section 663(c)(11)(A) 
     to use public funds, or private funds in accordance with 
     633(c)(11)(B)(ii), to pay some or all of the costs of 
     attendance at a private school--

       ``(I) funds allocated to the State under section 611 may be 
     used by the State to supplement such public or private funds, 
     if the Federal funds are distributed to parents who make a 
     genuine independent choice as to the appropriate school for 
     their child, except that in no case shall the amount of 
     Federal funds provided under this subclause to a parent of a 
     child with a disability for a year exceed the total amount of 
     tuition, fees, and

[[Page S4855]]

     transportation costs for the child for the year;
       ``(II) the authorization of a parent to exercise this 
     option fulfills the State's obligation under paragraph (1) 
     with respect to the child during the period in which the 
     child is enrolled in the selected school; and
       ``(III) a selected school accepting such funds shall not be 
     required to carry out any of the requirements of this title 
     with respect to such child.''.

       (b) Research and Innovation To Improve Services and Results 
     for Children With Disabilities.--Section 663(c) of the 
     Individuals with Disabilities Education Act (20 U.S.C. 
     1463(c)) is amended--
       (1) in paragraph (9), by striking ``and'' after the 
     semicolon;
       (2) in paragraph (10), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(11) supporting the post-award planning and design, and 
     the initial implementation (which may include costs for 
     informing the community, acquiring necessary equipment and 
     supplies, and other initial operational costs), during a 
     period of not more than 3 years, of State programs that allow 
     the parent of a child with a disability to make a genuine 
     independent choice of the appropriate public or private 
     school for their child, if the program--
       ``(A) requires that the child be a child who has received 
     an initial evaluation described in section 614(a) and has 
     been identified as a child with a disability, in accordance 
     with part B;
       ``(B)(i) permits the parent to receive from the State funds 
     to be used to pay some or all of the costs of attendance at 
     the selected school (which may include tuition, fees, and 
     transportation costs); or
       ``(ii) permits persons to receive a State tax credit for 
     donations to an entity that provides funds to parents of 
     eligible students described in subparagraph (A), to be used 
     by the parents to pay some or all of the costs of attendance 
     at the selected school (which may include tuition, fees, and 
     transportation costs);
       ``(C) prohibits any school that agrees to participate in 
     the program from discriminating against eligible students on 
     the basis of race, color, national origin, or sex, except 
     that--
       ``(i) the prohibition of sex discrimination shall not apply 
     to a participating school that is operated by, supervised by, 
     controlled by, or connected to a religious organization to 
     the extent that the application of such prohibition is 
     inconsistent with the religious tenets or beliefs of the 
     school; and
       ``(ii) notwithstanding this subparagraph or any other 
     provision of law, a parent may choose, and a school may 
     offer, a single-sex school, class, or activity;
       ``(D) notwithstanding any other provision of law, allows 
     any school participating in the program that is operated by, 
     supervised by, controlled by, or connected to, a religious 
     organization to exercise its right in matters of employment 
     consistent with title VII of the Civil Rights Act of 1964 (42 
     U.S.C. 2000e et seq.), including the exemptions in that 
     title;
       ``(E) allows a school to participate in the program 
     without, consistent with the First Amendment of the 
     Constitution of the United States--
       ``(i) necessitating any change in the participating 
     school's teaching mission;
       ``(ii) requiring any private participating school to remove 
     religious art, icons, scriptures, or other symbols; or
       ``(iii) precluding any private participating school from 
     retaining religious terms in its name, selecting its board 
     members on a religious basis, or including religious 
     references in its mission statements and other chartering or 
     governing documents; and
       ``(F) requires a participating school selected for a child 
     with a disability to be--
       ``(i) accredited, licensed, or otherwise operating in 
     accordance with State law; and
       ``(ii) academically accountable to the parent for meeting 
     the educational needs of the student.''.

                     PART C--MILITARY SCHOLARSHIPS

     SEC. 11301. PURPOSE.

       The purpose of this part is to ensure high-quality 
     education for children of military personnel who live on 
     military installations and thus have less freedom to exercise 
     school choice for their children, in order to improve the 
     ability of the Armed Forces to retain such military 
     personnel.

     SEC. 11302. MILITARY SCHOLARSHIP PROGRAM.

       (a) Definitions.--In this section:
       (1) ESEA definitions.--The terms ``child'', ``elementary 
     school'', ``secondary school'', and ``local educational 
     agency'' have the meanings given the terms in section 9101 of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7801).
       (2) Eligible military student.--The term ``eligible 
     military student'' means a child who--
       (A) is a military dependent student;
       (B) lives on a military installation selected to 
     participate in the program under subsection (b)(2); and
       (C) chooses to attend a participating school, rather than a 
     school otherwise assigned to the child.
       (3) Military dependent student.--The term ``military 
     dependent student'' has the meaning given the term in section 
     572(e) of the National Defense Authorization Act for Fiscal 
     Year 2006 (20 U.S.C. 7703b(e)).
       (4) Participating school.--The term ``participating 
     school'' means a public or private elementary school or 
     secondary school that--
       (A) accepts scholarship funds provided under this section 
     on behalf of an eligible military student for the costs of 
     tuition, fees, or transportation of the eligible military 
     student; and
       (B) is accredited, licensed, or otherwise operating in 
     accordance with State law.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of Defense.
       (b) Program Authorized.--
       (1) In general.--From amounts made available under 
     subsection (g) and beginning for the first full school year 
     following the date of enactment of this part, the Secretary 
     shall carry out a 5-year pilot program to award scholarships 
     to enable eligible military students to attend the public or 
     private elementary schools or secondary schools selected by 
     the eligible military students' parents.
       (2) Scope of program.--
       (A) In general.--The Secretary shall select not less than 5 
     military installations to participate in the pilot program 
     described in paragraph (1). In making such selection, the 
     Secretary shall choose military installations where eligible 
     military students would most benefit from expanded 
     educational options.
       (B) Ineligibility.--A military installation that provides, 
     on its premises, education for all elementary school and 
     secondary school grade levels through one or more Department 
     of Defense dependents' schools shall not be eligible for 
     participation in the program.
       (3) Amount of scholarships.--
       (A) In general.--The annual amount of each scholarship 
     awarded to an eligible military student under this section 
     shall not exceed the lesser of--
       (i) the cost of tuition, fees, and transportation 
     associated with attending the participating school selected 
     by the parents of the student; or
       (ii)(I) in the case of an eligible military student 
     attending elementary school--

       (aa) $8,000 for the first full school year following the 
     date of enactment of this part; or
       (bb) the amount determined under subparagraph (B) for each 
     school year following such first full school year; or

       (II) in the case of an eligible military student attending 
     secondary school--

       (aa) $12,000 for the first full school year following the 
     date of enactment of this part; or
       (bb) the amount determined under subparagraph (B) for each 
     school year following such first full school year.

       (B) Adjustment for inflation.--For each school year after 
     the first full school year following the date of enactment of 
     this part, the amounts specified in subclauses (I) and (II) 
     of subparagraph (A)(ii) shall be adjusted to reflect changes 
     for the 12-month period ending the preceding June in the 
     Consumer Price Index for All Urban Consumers published by the 
     Bureau of Labor Statistics of the Department of Labor.
       (4) Payments to parents.--The Secretary shall make 
     scholarship payments under this section to the parent of the 
     eligible military student in a manner that ensures such 
     payments will be used for the payment of tuition, fees, and 
     transportation expenses (if any) in accordance with this 
     section.
       (c) Selection of Scholarships Recipients.--
       (1) Random selection.--If more eligible military students 
     apply for scholarships under the program under this section 
     than the Secretary can accommodate, the Secretary shall 
     select the scholarship recipients through a random selection 
     process from students who submitted applications by the 
     application deadline specified by the Secretary.
       (2) Continued eligibility.--
       (A) In general.--An individual who is selected to receive a 
     scholarship under the program under this section shall 
     continue to receive a scholarship for each year of the 
     program until the individual--
       (i) graduates from secondary school or elects to no longer 
     participate in the program;
       (ii) exceeds the maximum age for which the State in which 
     the student lives provides a free public education; or
       (iii) is no longer an eligible military student.
       (B) Continued participation for military transfers.--
       (i) Transfer to private non-military housing.--
     Notwithstanding subparagraph (A)(iii), an individual 
     receiving a scholarship under this section for a school year 
     who meets the requirements of subparagraphs (A) and (C) of 
     subsection (a)(2) and whose family, during such school year, 
     moves into private non-military housing that is not 
     considered to be part of the military installation, shall 
     continue to receive the scholarship for use at the 
     participating school for the remaining portion of the school 
     year.
       (ii) Transfer to a different military installation.--
     Notwithstanding subparagraph (A)(iii), an individual 
     receiving a scholarship under this section for a school year 
     whose family is transferred to a different military 
     installation shall no longer be eligible to receive such 
     scholarship beginning on the date of the transfer. Such 
     individual may apply to participate in any program offered 
     under this section for the new military installation for a 
     subsequent school year, if such individual qualifies as an 
     eligible military student for such school year.
       (d) Nondiscrimination and Other Provisions.--

[[Page S4856]]

       (1) Non-discrimination.--A participating school shall not 
     discriminate against program participants or applicants on 
     the basis of race, color, national origin, or sex.
       (2) Applicability and single-sex schools, classes, or 
     activities.--
       (A) In general.--Notwithstanding any other provision of 
     law, the prohibition of sex discrimination in paragraph (1) 
     shall not apply to a participating school that is operated 
     by, supervised by, controlled by, or connected to a religious 
     organization to the extent that the application of paragraph 
     (1) is inconsistent with the religious tenets or beliefs of 
     the school.
       (B) Single-sex schools, classes, or activities.--
     Notwithstanding paragraph (1) or any other provision of law, 
     a parent may choose, and a participating school may offer, a 
     single-sex school, class, or activity.
       (3) Children with disabilities.--Nothing in this section 
     may be construed to alter or modify the Individuals with 
     Disabilities Education Act (20 U.S.C. 1400 et seq.).
       (4) Rules of conduct and other school policies.--A 
     participating school, including the schools described in 
     subsection (e), may require eligible students to abide by any 
     rules of conduct and other requirements applicable to all 
     other students at the school.
       (e) Religiously Affiliated Schools.--
       (1) In general.--Notwithstanding any other provision of 
     law, a participating school that is operated by, supervised 
     by, controlled by, or connected to, a religious organization 
     may exercise its right in matters of employment consistent 
     with title VII of the Civil Rights Act of 1964 (42 U.S.C. 
     2000e et seq.), including the exemptions in that title.
       (2) Maintenance of purpose.--Notwithstanding any other 
     provision of law, funds made available under this title to 
     eligible military students that are received by a 
     participating school, as a result of their parents' choice, 
     shall not, consistent with the First Amendment of the 
     Constitution of the United States--
       (A) necessitate any change in the participating school's 
     teaching mission;
       (B) require any private participating school to remove 
     religious art, icons, scriptures, or other symbols; or
       (C) preclude any private participating school from 
     retaining religious terms in its name, selecting its board 
     members on a religious basis, or including religious 
     references in its mission statements and other chartering or 
     governing documents.
       (f) Reports.--
       (1) Annual reports.--Not later than July 30 of the year 
     following the year of the date of enactment of this part, and 
     each subsequent year through the year in which the final 
     report is submitted under paragraph (2), the Secretary shall 
     prepare and submit to Congress an interim report on the 
     scholarships awarded under the pilot program under this 
     section that includes the content described in paragraph (3) 
     for the applicable school year of the report.
       (2) Final report.--Not later than 90 days after the end of 
     the pilot program under this section, the Secretary shall 
     prepare and submit to Congress a report on the scholarships 
     awarded under the program that includes the content described 
     in paragraph (3) for each school year of the program.
       (3) Content.--Each annual report under paragraph (1) and 
     the final report under paragraph (2) shall contain--
       (A) the number of applicants for scholarships under this 
     section;
       (B) the number, and the average dollar amount, of 
     scholarships awarded;
       (C) the number of participating schools;
       (D) the number of elementary school students receiving 
     scholarships under this section and the number of secondary 
     school students receiving such scholarships; and
       (E) the results of a survey, conducted by the Secretary, 
     regarding parental satisfaction with the scholarship program 
     under this section.
       (g) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section $10,000,000 for 
     each of fiscal years 2016 through 2020.
       (h) Offset in Department of Education Salaries.--
     Notwithstanding any other provision of law, for fiscal year 
     2016 and each of the 4 succeeding fiscal years, the Secretary 
     of Education shall return to the Treasury $10,000,000 of the 
     amounts made available to the Secretary for salaries and 
     expenses of the Department of Education for such year.
                                 ______
                                 
  SA 2135. Mrs. GILLIBRAND (for herself and Mr. Portman) submitted an 
amendment intended to be proposed to amendment SA 2089 submitted by Mr. 
Alexander (for himself and Mrs. Murray) to the bill S. 1177, to 
reauthorize the Elementary and Secondary Education Act of 1965 to 
ensure that every child achieves; which was ordered to lie on the 
table; as follows:

       Beginning on page 270, strike line 18 and all that follows 
     through line 16 on page 273 and insert the following:
       ``(b) State Allotments.--
       ``(1) Hold harmless.--
       ``(A) In general.--Subject to paragraph (2), from the funds 
     appropriated under section 2003(a) for a fiscal year that 
     remain after the Secretary makes the reservations under 
     subsection (a), the Secretary shall allot to each State an 
     amount equal to the total amount that such State received for 
     fiscal year 2001 under--
       ``(i) section 2202(b) of this Act (as in effect on the day 
     before the date of enactment of the No Child Left Behind Act 
     of 2001); and
       ``(ii) section 306 of the Department of Education 
     Appropriations Act, 2001 (as enacted into law by section 
     1(a)(1) of Public Law 106-554).
       ``(B) Ratable reduction.--If the funds described in 
     subparagraph (A) are insufficient to pay the full amounts 
     that all States are eligible to receive under subparagraph 
     (A) for any fiscal year, the Secretary shall ratably reduce 
     those amounts for the fiscal year.
       ``(2) Allotment of additional funds.--
       ``(A) In general.--Subject to subparagraph (B), for any 
     fiscal year for which the funds appropriated under section 
     2003(a) and not reserved under subsection (a) exceed the 
     total amount required to make allotments under paragraph (1), 
     the Secretary shall allot to each State the sum of--
       ``(i) an amount that bears the same relationship to 20 
     percent of the excess amount as the number of individuals age 
     5 through 17 in the State, as determined by the Secretary on 
     the basis of the most recent satisfactory data, bears to the 
     number of those individuals in all such States, as so 
     determined; and
       ``(ii) an amount that bears the same relationship to 80 
     percent of the excess amount as the number of individuals age 
     5 through 17 from families with incomes below the poverty 
     line in the State, as determined by the Secretary on the 
     basis of the most recent satisfactory data, bears to the 
     number of those individuals in all such States, as so 
     determined.
       ``(B) Exception.--No State receiving an allotment under 
     subparagraph (A) may receive less than one-half of 1 percent 
     of the total excess amount allotted under such subparagraph 
     for a fiscal year.
       ``(3) Reallotment.--If any State does not apply for an 
     allotment under this subsection for any fiscal year, the 
     Secretary shall reallot the amount of the allotment to the 
     remaining States in accordance with this subsection.
                                 ______
                                 
  SA 2136. Mr. MURPHY submitted an amendment intended to be proposed to 
amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:

       On page 630, between lines 4 and 5, insert the following:

     SEC. 5011. PROMISE NEIGHBORHOODS.

       Title V (20 U.S.C. 7201 et seq.), as amended by section 
     5001, is further amended by inserting after part I, as added 
     by section 5010, the following:

                    ``PART J--PROMISE NEIGHBORHOODS

     ``SEC. 5910. SHORT TITLE.

       ``This part may be cited as the `Promise Neighborhoods Act 
     of 2015'.

     ``SEC. 5911. PURPOSE.

       ``The purpose of this part is to significantly improve the 
     academic and developmental outcomes of children living in our 
     Nation's most distressed communities from birth through 
     college and career entry, including ensuring school 
     readiness, high school graduation, and college and career 
     readiness for such children, through the use of data-driven 
     decisionmaking and access to a community-based continuum of 
     high-quality services, beginning at birth.

     ``SEC. 5912. DEFINITIONS.

       ``In this part:
       ``(1) Child.--The term `child' means an individual from 
     birth through age 21.
       ``(2) College and career readiness.--The term `college and 
     career readiness' means the level of preparation a student 
     needs in order to meet the challenging State academic 
     standards under section 1111(b)(1).
       ``(3) Community of practice.--The term `community of 
     practice' means a group of entities that interact regularly 
     to share best practices to address 1 or more persistent 
     problems, or improve practice with respect to such problems, 
     in 1 or more neighborhoods.
       ``(4) Comprehensive school readiness assessment.--The term 
     `comprehensive school readiness assessment' means an 
     objective tool that--
       ``(A) screens for school readiness across domains, 
     including language, cognitive, physical, motor, sensory, and 
     social-emotional domains, and through a developmental 
     screening; and
       ``(B) may also include other sources of information, such 
     as child observations by parents and others, verbal and 
     written reports, child work samples (for children aged 3 to 
     5), and health and developmental histories.
       ``(5) Developmental screening.--The term `developmental 
     screening' means the use of a standardized tool to identify a 
     child who may be at risk of a developmental delay or 
     disorder.
       ``(6) Expanded learning time.--The term `expanded learning 
     time' means the activities and programs described in 
     subparagraphs (A) and (B) of section 4201(b)(1).
       ``(7) Family and community engagement.--The term `family 
     and community engagement' means the process of engaging 
     family and community members in education meaningfully and at 
     all stages of the planning, implementation, and school and 
     neighborhood improvement process, including, at a minimum--

[[Page S4857]]

       ``(A) disseminating a clear definition of the neighborhood 
     to the members of the neighborhood;
       ``(B) ensuring representative participation by the members 
     of such neighborhood in the planning and implementation of 
     the activities of each grant awarded under this part;
       ``(C) regular engagement by the eligible entity and the 
     partners of the eligible entity with family members and 
     community partners;
       ``(D) the provision of strategies and practices to assist 
     family and community members in actively supporting student 
     achievement and child development; and
       ``(E) collaboration with institutions of higher education, 
     workforce development centers, and employers to align 
     expectations and programming with college and career 
     readiness.
       ``(8) Family and student supports.--The term `family and 
     student supports' includes--
       ``(A) health programs (including both mental health and 
     physical health services);
       ``(B) school, public, and child-safety programs;
       ``(C) programs that improve family stability;
       ``(D) workforce development programs (including those that 
     meet local business needs, such as internships and 
     externships);
       ``(E) social service programs;
       ``(F) legal aid programs;
       ``(G) financial literacy education programs;
       ``(H) adult education and family literacy programs;
       ``(I) parent, family, and community engagement programs; 
     and
       ``(J) programs that increase access to learning technology 
     and enhance the digital literacy skills of students.
       ``(9) Family member.--The term `family member' means a 
     parent, relative, or other adult who is responsible for the 
     education, care, and well-being of a child.
       ``(10) Integrated student supports.--The term `integrated 
     student supports' means wraparound services, supports, and 
     community resources, which shall be offered through a site 
     coordinator for at-risk students, that have been shown by 
     evidence-based research--
       ``(A) to increase academic achievement and engagement;
       ``(B) to support positive child development; and
       ``(C) to increase student preparedness for success in 
     college and the workforce.
       ``(11) Neighborhood.--The term `neighborhood' means a 
     defined geographical area in which there are multiple signs 
     of distress, demonstrated by indicators of need, including 
     poverty, childhood obesity rates, academic failure, and rates 
     of juvenile delinquency, adjudication, or incarceration.
       ``(12) Pipeline services.--The term `pipeline services' 
     means a continuum of supports and services for children from 
     birth through college entry, college success, and career 
     attainment, including, at a minimum, strategies to address 
     through services or programs (including integrated student 
     supports) the following:
       ``(A) Prenatal education and support for expectant parents.
       ``(B) High-quality early learning opportunities.
       ``(C) High-quality schools and out-of-school-time programs 
     and strategies.
       ``(D) Support for a child's transition to elementary 
     school, including the administration of a comprehensive 
     school readiness assessment.
       ``(E) Support for a child's transition from elementary 
     school to middle school, from middle school to high school, 
     and from high school into and through college and into the 
     workforce.
       ``(F) Family and community engagement.
       ``(G) Family and student supports.
       ``(H) Activities that support college and career readiness, 
     including coordination between such activities, such as--
       ``(i) assistance with college admissions, financial aid, 
     and scholarship applications, especially for low-income and 
     low-achieving students; and
       ``(ii) career preparation services and supports.
       ``(I) Neighborhood-based support for college-age students 
     who have attended the schools in the pipeline, or students 
     who are members of the community, facilitating their 
     continued connection to the community and success in college 
     and the workforce.

     ``SEC. 5913. PROGRAM AUTHORIZED.

       ``(a) In General.--
       ``(1) Program authorized.--From amounts appropriated to 
     carry out this part, the Secretary shall award grants, on a 
     competitive basis, to eligible entities to implement a 
     comprehensive, evidence-based continuum of coordinated 
     services and supports that engages community partners to 
     improve academic achievement, student development, and 
     college and career readiness, measured by common outcomes, by 
     carrying out the activities described in section 5916 in 
     neighborhoods with high concentrations of low-income 
     individuals and persistently low-achieving schools or schools 
     with an achievement gap.
       ``(2) Sufficient size and scope.--Each grant awarded under 
     this part shall be of sufficient size and scope to allow the 
     eligible entity to carry out the purpose of this part.
       ``(b) Duration.--A grant awarded under this part shall be 
     for a period of not more than 5 years.
       ``(c) Continued Funding.--Continued funding of a grant 
     under this part, including a grant renewed under subsection 
     (b)(2), after the third year of the grant period shall be 
     contingent on the eligible entity's progress toward meeting 
     the performance metrics described in section 5918(a).
       ``(d) Matching Requirement.--
       ``(1) In general.--Each eligible entity receiving a grant 
     under this part shall contribute matching funds in an amount 
     equal to not less than 100 percent of the amount of the 
     grant. Such matching funds shall come from Federal, State, 
     local, and private sources.
       ``(2) Private sources.--The Secretary--
       ``(A) shall require that a portion of the matching funds 
     come from private sources; and
       ``(B) may allow the use of in-kind donations to satisfy the 
     matching funds requirement.
       ``(3) Adjustment.--The Secretary may adjust the matching 
     funds requirement for applicants that demonstrate high need, 
     including applicants from rural areas or applicant that wish 
     to provide services on tribal lands.
       ``(e) Financial Hardship Waiver.--
       ``(1) In general.--The Secretary may waive or reduce, on a 
     case-by-case basis, the matching requirement described in 
     subsection (d), for a period of 1 year at a time, if the 
     eligible entity demonstrates significant financial hardship.
       ``(2) Private sources waiver.--The Secretary may waive or 
     reduce, on a case-by-case basis, the requirement described in 
     subsection (d) that a portion of matching funds come from 
     private sources if the eligible entity demonstrates an 
     inability to access such funds in the State.

     ``SEC. 5914. ELIGIBLE ENTITIES.

       ``In this part, the term `eligible entity' means--
       ``(1) an institution of higher education, as defined in 
     section 102 of the Higher Education Act of 1965;
       ``(2) an Indian tribe or tribal organization, as defined 
     under section 4 of the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 450b); or
       ``(3) not less than 1 nonprofit entity working in 
     coordination with not less than 1 of the following entities:
       ``(A) A high-need local educational agency.
       ``(B) A charter school funded by the Bureau of Indian 
     Education that is not a local educational agency, except that 
     such school shall not be the fiscal agent for the eligible 
     entity partnership.
       ``(C) An institution of higher education, as defined in 
     section 102 of the Higher Education Act of 1965.
       ``(D) The office of a chief elected official of a unit of 
     local government.
       ``(E) An Indian tribe or tribal organization, as defined 
     under section 4 of the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 450b).

     ``SEC. 5915. APPLICATION REQUIREMENTS.

       ``(a) In General.--An eligible entity desiring a grant 
     under this part shall submit an application to the Secretary 
     at such time, in such manner, and containing such information 
     as the Secretary may require.
       ``(b) Contents of Application.--At a minimum, an 
     application described in subsection (a) shall include the 
     following:
       ``(1) A plan to significantly improve the academic outcomes 
     of children living in a neighborhood that is served by the 
     eligible entity, by providing pipeline services that address 
     the needs of children in the neighborhood, as identified by 
     the needs analysis described in paragraph (4) and supported 
     by evidence-based practices.
       ``(2) A description of the neighborhood that the eligible 
     entity will serve.
       ``(3) Measurable annual goals for the outcomes of the 
     grant, including--
       ``(A) performance goals, in accordance with the metrics 
     described in section 5918(a), for each year of the grant; and
       ``(B) projected participation rates and any plans to expand 
     the number of children served or the neighborhood proposed to 
     be served by the grant program.
       ``(4) An analysis of the needs and assets of the 
     neighborhood identified in paragraph (2), including--
       ``(A) a description of the process through which the needs 
     analysis was produced, including a description of how 
     parents, family, and community members were engaged in such 
     analysis;
       ``(B) an analysis of community assets, including programs 
     already provided from Federal and non-Federal sources, 
     within, or accessible to, the neighborhood, including, at a 
     minimum--
       ``(i) early learning programs, including high-quality child 
     care, Early Head Start programs, Head Start programs, and 
     prekindergarten programs;
       ``(ii) the availability of healthy food options and 
     opportunities for physical activity;
       ``(iii) existing family and student supports;
       ``(iv) locally owned businesses and employers; and
       ``(v) institutions of higher education;
       ``(C) evidence of successful collaboration within the 
     neighborhood;
       ``(D) the steps that the eligible entity is taking, at the 
     time of the application, to address the needs identified in 
     the needs analysis; and
       ``(E) any barriers the eligible entity, public agencies, 
     and other community-based organizations have faced in meeting 
     such needs.
       ``(5) A description of the data used to identify the 
     pipeline services to be provided, including data regarding--

[[Page S4858]]

       ``(A) school readiness;
       ``(B) academic achievement and college and career 
     readiness;
       ``(C) graduation rates;
       ``(D) health indicators;
       ``(E) rates of enrollment, remediation, persistence, and 
     completion at institutions of higher education, as available; 
     and
       ``(F) conditions for learning, including school climate 
     surveys, discipline rates, and student attendance and 
     incident data.
       ``(6) A description of the process used to develop the 
     application, including the involvement of family and 
     community members.
       ``(7) An estimate of--
       ``(A) the number of children, by age, who will be served by 
     each pipeline service; and
       ``(B) for each age group, the percentage of children (of 
     such age group), within the neighborhood, who the eligible 
     entity proposes to serve, disaggregated by each service, and 
     the goals for increasing such percentage over time.
       ``(8) A description of how the pipeline services will 
     facilitate the coordination of the following activities:
       ``(A) Providing high-quality early learning opportunities 
     for children, beginning prenatally and extending through 
     grade 3, by--
       ``(i) supporting high-quality early learning opportunities 
     that provide children with access to programs that support 
     the cognitive and developmental skills, including social and 
     emotional skills, needed for success in elementary school;
       ``(ii) providing for opportunities, through parenting 
     classes, baby academies, home visits, family and community 
     engagement, or other evidence-based strategies, for families 
     and expectant parents to--

       ``(I) acquire the skills to promote early learning, 
     development, and health and safety, including learning about 
     child development and positive discipline strategies (such as 
     through the use of technology and public media programming);
       ``(II) learn about the role of families and expectant 
     parents in their child's education; and
       ``(III) become informed about educational opportunities for 
     their children, including differences in quality among early 
     learning opportunities;

       ``(iii) ensuring successful transitions between early 
     learning programs and elementary school, including through 
     the establishment of memoranda of understanding between early 
     learning providers and local educational agencies serving 
     young children and families;
       ``(iv) ensuring appropriate screening, diagnostic 
     assessments, and referrals for children with disabilities, 
     developmental delays, or other special needs, consistent with 
     the Individuals with Disabilities Education Act (20 U.S.C. 
     1400 et seq.), where applicable;
       ``(v) improving the early learning workforce in the 
     community, including through--

       ``(I) investments in the recruitment, retention, 
     distribution, and support of high-quality professionals, 
     especially those with certification and experience in child 
     development;
       ``(II) the provision of high-quality teacher preparation 
     and professional development; or
       ``(III) the use of joint professional development for early 
     learning providers and elementary school teachers and 
     administrators; and

       ``(vi) enhancing data systems and data sharing among the 
     eligible entity, partners, early learning providers, schools, 
     and local educational agencies operating in the neighborhood.
       ``(B) Supporting, enhancing, operating, or expanding 
     rigorous and comprehensive education reforms designed to 
     significantly improve educational outcomes for children in 
     early learning programs through grade 12, which may include--
       ``(i) operating schools or working in close collaboration 
     with local schools to provide high-quality academic programs, 
     curricula, and integrated student supports;
       ``(ii) providing expanded learning time, which may include 
     the integration and use of arts education in such learning 
     time; and
       ``(iii) providing programs and activities that ensure that 
     students--

       ``(I) are prepared for the college admissions, scholarship, 
     and financial aid application processes; and
       ``(II) graduate college and career ready.

       ``(C) Supporting access to a healthy lifestyle, which may 
     include--
       ``(i) the provision of high-quality and nutritious meals;
       ``(ii) access to programs that promote physical activity, 
     physical education, and fitness; and
       ``(iii) education to promote a healthy lifestyle and 
     positive body image.
       ``(D) Providing social, health, and mental health services 
     and supports, including referrals for essential care and 
     preventative screenings, for children, family, and community 
     members, which may include--
       ``(i) dental services;
       ``(ii) vision care; and
       ``(iii) speech, language, and auditory screenings and 
     referrals.
       ``(E) Supporting students and family members as the 
     students transition from early learning programs into 
     elementary school, from elementary school to middle school, 
     from middle school to high school, from high school into and 
     through college and into the workforce, including through 
     evidence-based strategies to address challenges that students 
     may face as they transition, such as the following:
       ``(i) Early college high schools.
       ``(ii) Dual enrollment programs.
       ``(iii) Career academies.
       ``(iv) Counseling and support services.
       ``(v) Dropout prevention and recovery strategies.
       ``(vi) Collaboration with the juvenile justice system and 
     reentry counseling for adjudicated youth.
       ``(vii) Advanced Placement or International Baccalaureate 
     courses.
       ``(viii) Teen parent classrooms.
       ``(ix) Graduation and career coaches.
       ``(9) A description of the strategies that will be used to 
     provide pipeline services (including a description of the 
     process used to identify such strategies and the outcomes 
     expected and a description of which programs and services 
     will be provided to children, family members, community 
     members, and children not attending schools or programs 
     operated by the eligible entity or its partner providers) to 
     support the purpose of this part.
       ``(10) An explanation of the process the eligible entity 
     will use to establish and maintain family and community 
     engagement.
       ``(11) An explanation of how the eligible entity will 
     continuously evaluate and improve the continuum of high-
     quality pipeline services, including--
       ``(A) a description of the metrics, consistent with section 
     5918(a), that will be used to inform each component of the 
     pipeline; and
       ``(B) the processes for using data to improve instruction, 
     optimize integrated student supports, provide for continuous 
     program improvement, and hold staff and partner organizations 
     accountable.
       ``(12) An identification of the fiscal agent, which may be 
     any entity described in section 5914 (not including paragraph 
     (2) of such section).
       ``(13) A list of the non-Federal sources of funding that 
     the eligible entity will secure to comply with the matching 
     funds requirement described in section 5913(d), in addition 
     to other programs from which the eligible entity has already 
     secured funding, including programs funded by the Department 
     or programs of the Department of Health and Human Services, 
     the Department of Housing and Urban Development, the 
     Department of Justice, or the Department of Labor.
       ``(c) Memorandum of Understanding.--An eligible entity, as 
     part of the application described in this section, shall 
     submit a preliminary memorandum of understanding, signed by 
     each partner entity or agency. The preliminary memorandum of 
     understanding shall describe, at a minimum--
       ``(1) each partner's financial and programmatic commitment 
     with respect to the strategies described in the application, 
     including an identification of the fiscal agent;
       ``(2) each partner's long-term commitment to providing 
     pipeline services that, at a minimum, accounts for the cost 
     of supporting the continuum of supports and services 
     (including a plan for how to support services and activities 
     after grant funds are no longer available) and potential 
     changes in local government;
       ``(3) each partner's mission and the plan that will govern 
     the work that the partners do together;
       ``(4) each partner's long-term commitment to supporting the 
     continuum of supports and services through data collection, 
     monitoring, reporting, and sharing; and
       ``(5) each partner's commitment to ensure sound fiscal 
     management and controls, including evidence of a system of 
     supports and personnel.

     ``SEC. 5916. USE OF FUNDS.

       ``(a) In General.--Each eligible entity that receives a 
     grant under this part shall use the grant funds to--
       ``(1) support planning activities to develop and implement 
     pipeline services;
       ``(2) implement the pipeline services, as described in the 
     application under section 5915; and
       ``(3) continuously evaluate the success of the program and 
     improve the program based on data and outcomes.
       ``(b) Special Rules.--
       ``(1) Funds for pipeline services.--Each eligible entity 
     that receives a grant under this part, for the first and 
     second year of the grant, shall use not less than 50 percent 
     of the grant funds to carry out the activities described in 
     subsection (a)(1).
       ``(2) Operational flexibility.--Each eligible entity that 
     operates a school in a neighborhood served by a grant program 
     under this part shall provide such school with the 
     operational flexibility, including autonomy over staff, time, 
     and budget, needed to effectively carry out the activities 
     described in the application under section 5915.
       ``(3) Limitation on use of funds for early childhood 
     education programs.--Funds under this part that are used to 
     improve early childhood education programs shall not be used 
     to carry out any of the following activities:
       ``(A) Assessments that provide rewards or sanctions for 
     individual children or teachers.
       ``(B) A single assessment that is used as the primary or 
     sole method for assessing program effectiveness.
       ``(C) Evaluating children, other than for the purposes of 
     improving instruction, classroom environment, professional 
     development, or parent and family engagement, or program 
     improvement.

     ``SEC. 5917. REPORT AND PUBLICLY AVAILABLE DATA.

       ``(a) Report.--Each eligible entity that receives a grant 
     under this part shall prepare

[[Page S4859]]

     and submit an annual report to the Secretary, which shall 
     include--
       ``(1) information about the number and percentage of 
     children in the neighborhood who are served by the grant 
     program, including a description of the number and percentage 
     of children accessing each support or service offered as part 
     of the pipeline services;
       ``(2) information relating to the performance metrics 
     described in section 5918(a); and
       ``(3) other indicators that may be required by the 
     Secretary, in consultation with the Director of the Institute 
     of Education Sciences.
       ``(b) Publicly Available Data.--Each eligible entity that 
     receives a grant under this part shall make publicly 
     available, including through electronic means, the 
     information described in subsection (a). To the extent 
     practicable, such information shall be provided in a form and 
     language accessible to parents and families in the 
     neighborhood, and such information shall be a part of 
     statewide longitudinal data systems.

     ``SEC. 5918. PERFORMANCE ACCOUNTABILITY AND EVALUATION.

       ``(a) Performance Metrics.--Each eligible entity that 
     receives a grant under this part shall collect data on 
     performance indicators of pipeline services and family and 
     student supports and report the results to the Secretary, who 
     shall use the results as a consideration in continuing grants 
     after the third year and in awarding grant renewals. The 
     indicators shall, at a minimum, include the following:
       ``(1) Evidence of increasing qualifications for staff in 
     early care and education programs attended by children in the 
     neighborhood.
       ``(2) With respect to the children served by the grant--
       ``(A) the percentage of children who are ready for 
     kindergarten, as measured by a comprehensive developmental 
     screening instrument;
       ``(B) the percentage of school-age children proficient in 
     core academic subjects;
       ``(C) evidence of narrowing student achievement gaps among 
     the categories described in section 1111(b)(2)(B)(xi);
       ``(D) the percentage of children who are reading at grade 
     level by the end of grade 3;
       ``(E) the percentage of children who successfully 
     transition from grade 8 to grade 9;
       ``(F) for each school year during the grant period, the 
     percentage of students in prekindergarten, elementary school, 
     and secondary school who miss more than 10 percent of school 
     days for any reason, excused or unexcused, and the number and 
     percentage of students who are suspended or expelled for any 
     reason, starting in prekindergarten;
       ``(G) the percentage of children who graduate with a high 
     school diploma;
       ``(H) the percentage of children who enter postsecondary 
     education and remain after 1 year;
       ``(I) the percentage of children who are healthy, as 
     measured by a child-health index that includes cognitive, 
     nutritional, physical, social, mental-health, and emotional 
     domains;
       ``(J) the percentage of children who feel safe, as measured 
     by a school climate survey;
       ``(K) rates of student mobility and homelessness;
       ``(L) opportunities for family members of children to 
     receive education and job training; and
       ``(M) the percentage of children who have digital literacy 
     skills and access to broadband internet and a connected 
     computing device at home and at school.
       ``(b) Evaluation.--The Secretary shall evaluate the 
     implementation and impact of the activities funded under this 
     part, in accordance with section 9601.

     ``SEC. 5919. NATIONAL ACTIVITIES.

       ``From the amounts appropriated to carry out this part for 
     a fiscal year, in addition to the amounts that may be 
     reserved in accordance with section 9601, the Secretary may 
     reserve not more than 8 percent for national activities, 
     which may include--
       ``(1) research on the activities carried out under this 
     part;
       ``(2) identification and dissemination of best practices, 
     including through support for a community of practice;
       ``(3) technical assistance, including assistance relating 
     to family and community engagement and outreach to potential 
     partner organizations;
       ``(4) professional development, including development of 
     materials related to professional development; and
       ``(5) other activities consistent with the purpose of this 
     part.

     ``SEC. 5920. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     part such sums as may be necessary for each of fiscal years 
     2016 through 2021.''.
                                 ______
                                 
  SA 2137. Mr. PORTMAN (for himself and Mr. Coons) submitted an 
amendment intended to be proposed to amendment SA 2089 submitted by Mr. 
Alexander (for himself and Mrs. Murray) to the bill S. 1177, to 
reauthorize the Elementary and Secondary Education Act of 1965 to 
ensure that every child achieves; which was ordered to lie on the 
table; as follows:

       On page 69, between lines 16 and 17, insert the following:

       ``(N) how the State educational agency will demonstrate a 
     coordinated plan to seamlessly transition students from 
     secondary school into postsecondary education or careers 
     without remediation, including a description of the specific 
     transition activities that the State educational agency will 
     carry out, such as providing students with access to early 
     college high school or dual or concurrent enrollment 
     opportunities;

       On page 106, line 3, insert ``early college high school 
     or'' after ``access to''.
       On page 314, between lines 21 and 22, insert the following:
       ``(C) providing teachers, principals, and other school 
     leaders with professional development activities that enhance 
     or enable the provision of postsecondary coursework through 
     dual or concurrent enrollment and early college high school 
     settings across a local educational agency.
                                 ______
                                 
  SA 2138. Ms. KLOBUCHAR (for herself and Mr. Hoeven) submitted an 
amendment intended to be proposed to amendment SA 2089 submitted by Mr. 
Alexander (for himself and Mrs. Murray) to the bill S. 1177, to 
reauthorize the Elementary and Secondary Education Act of 1965 to 
ensure that every child achieves; which was ordered to lie on the 
table; as follows:

       On page 370, between lines 18 and 19, insert the following:
       ``(3) STEM-focused specialty school.--The term `STEM-
     focused specialty school' means a school, or a dedicated 
     program within a school, that engages students in rigorous, 
     relevant, and integrated learning experiences focused on 
     science, technology, engineering, and mathematics, which 
     include authentic school-wide research.
       On page 382, line 12, strike the period and insert the 
     following: ``; and
       ``(viii) support the creation and enhancement of STEM-
     focused specialty schools that improve student academic 
     achievement in science, technology, engineering, and 
     mathematics, including computer science, and prepare more 
     students to be ready for postsecondary education and careers 
     in such subjects.
       Beginning on page 384, strike line 3 and all that follows 
     through line 23 on page 384 and insert the following:
       ``(c) Evaluation and Management.--The Secretary shall--
       ``(1) acting through the Director of the Institute of 
     Education Sciences, and in consultation with the Director of 
     the National Science Foundation--
       ``(A) evaluate the implementation and impact of the 
     activities supported under this part, including progress 
     measured by the metrics established under subsection (a); and
       ``(B) identify best practices to improve instruction in 
     science, technology, engineering, and mathematics subjects;
       ``(2) disseminate, in consultation with the National 
     Science Foundation, research on best practices to improve 
     instruction in science, technology, engineering, and 
     mathematics subjects;
       ``(3) ensure that the Department is taking appropriate 
     action to--
       ``(A) identify all activities being supported under this 
     part; and
       ``(B) avoid unnecessary duplication of efforts between the 
     activities being supported under this part and other 
     programmatic activities supported by the Department or by 
     other Federal agencies; and
       ``(4) develop a rigorous system to--
       ``(A) identify the science, technology, engineering, and 
     mathematics education-specific needs of States and 
     stakeholders receiving funds through subgrants under this 
     part;
       ``(B) make public and widely disseminate programmatic 
     activities relating to science, technology, engineering, and 
     mathematics that are supported by the Department or by other 
     Federal agencies; and
       ``(C) develop plans for aligning the programmatic 
     activities supported by the Department and other Federal 
     agencies with the State and stakeholder needs.
                                 ______
                                 
  SA 2139. Mr. ALEXANDER submitted an amendment intended to be proposed 
to amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; as 
follows:

       On page 185, between lines 18 and 19, insert the following:

     SEC. 1011A. SCHOLARSHIPS FOR KIDS PROGRAM.

       (a) In General.--Part A of title I (20 U.S.C. 6301 et seq.) 
     is amended by adding at the end the following:

               ``Subpart 3--Scholarships for Kids Program

     ``SEC. 1131. PURPOSE.

       ``The purpose of this subpart is to improve the academic 
     achievement of the disadvantaged by encouraging State efforts 
     to expand the educational choices available to low-income 
     students.

     ``SEC. 1132. SCHOLARSHIPS FOR KIDS PROGRAM.

       ``(a) Definitions.--In this section:
       ``(1) Eligible child.--
       ``(A) In general.--The term `eligible child' means a child 
     residing in a participating State who--
       ``(i) is not older than 21;
       ``(ii) is entitled to a free public education through grade 
     12; and
       ``(iii)(I) is from a family with an income below the 
     poverty level; or

[[Page S4860]]

       ``(II) is a child described in subparagraph (B).
       ``(B) Exception for continuing eligibility.--A 
     participating State may elect to serve a child as an eligible 
     child under an approved program under this section if--
       ``(i) such child was an eligible child described in 
     subparagraph (A) during the previous fiscal year;
       ``(ii) such child is from a family with an income that is 
     not greater than 200 percent of the poverty level on the 
     basis of the most recent satisfactory data published by the 
     Department of Commerce for the preceding year; and
       ``(iii) the State educational agency has determined that 
     the child qualifies for continuing eligibility, as defined by 
     the participating State in its declaration of intent under 
     subsection (d).
       ``(C) Criteria of poverty.--In determining if a family has 
     an income below the poverty level for purposes of this 
     section, a State shall use the poverty threshold, for the 
     most recently completed calendar year, most recently 
     published by the Bureau of the Census.
       ``(2) Participating state.--The term `participating State' 
     means a State whose declaration of intent to exercise the 
     State option for a Scholarships for Kids program is approved 
     by the Secretary as described in subsection (d).
       ``(3) State.--The term `State' means each of the several 
     States of the United States, the District of Columbia, and 
     the Commonwealth of Puerto Rico.
       ``(4) Supplemental educational services program.--The term 
     `supplemental educational services program' means a program 
     providing tutoring and other supplemental academic enrichment 
     services that are--
       ``(A) in addition to instruction provided during the school 
     day; and
       ``(B) are of high-quality, evidence-based, and specifically 
     designed to increase the academic achievement of eligible 
     children, as determined by the State.
       ``(b) Scholarships for Kids Program Authorized.--
       ``(1) In general.--Notwithstanding any other provision of 
     law and to the extent permitted under State law, a 
     participating State may use the funds made available under 
     subpart 2 to carry out a Scholarships for Kids program in 
     accordance with subsection (c).
       ``(2) Inapplicability of other requirements.--
     Notwithstanding any other provision of law, a participating 
     State carrying out a Scholarships for Kids program that meets 
     the requirements of this section, and the local educational 
     agencies in such State, shall not be required to meet any 
     other requirements under this Act or any other law, except as 
     provided in paragraph (3), in order to receive funds under 
     subpart 2.
       ``(3) Academic standards, academic assessments, and 
     reporting on performance disaggregated by student subgroup.--
     A participating State carrying out a Scholarships for Kids 
     program that meets the requirements of this section, and the 
     local educational agencies in such State, shall comply with 
     paragraphs (1) and (2) of subsection (b), and subsection (d), 
     of section 1111, and with the requirements of subpart 2 of 
     part F of title IX (except for section 9521).
       ``(c) Use of Funds.--
       ``(1) Student grants.--
       ``(A) In general.--Each participating State shall use the 
     funds made available under section 1122 and not reserved 
     under paragraph (2) or (3) to carry out a Scholarships for 
     Kids program, under which the State shall--
       ``(i) establish a per-pupil amount for the grants under 
     this section, based on the number of eligible children in the 
     State, as described in subparagraph (B); and
       ``(ii) make a grant available on behalf of each eligible 
     child, in the amount determined under such subparagraph, that 
     the parents of the eligible child may use for any of the 
     following purposes, as allowed by State law:

       ``(I) To supplement the budget of any public school the 
     eligible child is able to attend without fees.
       ``(II) To pay for all, or a portion, of any fees required 
     to attend another public school in the participating State.
       ``(III) To pay for all, or a portion, of the tuition and 
     fees required to attend an accredited or otherwise State-
     approved private school.
       ``(IV) To pay for all, or a portion, of the fees required 
     to participate in a State-approved supplemental educational 
     services program.

       ``(B) Calculation of grant amounts.--Each participating 
     State shall calculate the amount of the grant to be awarded 
     to each eligible child for each fiscal year by dividing the 
     allocation to the participating State under this subpart 
     remaining after the participating State reserves any funds 
     under paragraph (2) or (3), by the total number of eligible 
     children, as determined by the participating State.
       ``(2) Administrative expenses.--A participating State may 
     reserve not more than 3 percent of its allocation under 
     section 1122 for administrative costs associated with 
     carrying out the participating State's duties and functions 
     under this section, including--
       ``(A) certifying the eligibility of children living in the 
     participating State;
       ``(B) disseminating information to parents of eligible 
     children about public schools, private schools, and programs 
     of supplemental educational services that are available to 
     eligible children in the participating State;
       ``(C) paying the costs of administering any tests required 
     to be administered to eligible children participating in the 
     program; and
       ``(D) providing subgrants to local educational agencies in 
     the participating State for any of these purposes.
       ``(3) Transportation for eligible children.--A 
     participating State may reserve not more than 2 percent of 
     its allocation under section 1122 to provide transportation 
     for eligible children to the public school, private school, 
     or supplemental educational services program the eligible 
     children attend in accordance with paragraph (1)(A)(ii).
       ``(d) State Declaration of Intent.--
       ``(1) In general.--In order to carry out a Scholarships for 
     Kids program under this section, a State educational agency 
     shall submit a declaration of intent to exercise the State 
     option for a Scholarships for Kids program to the Secretary 
     that satisfies the requirements of this subsection.
       ``(2) Contents.--Each declaration of intent submitted under 
     paragraph (1) shall provide the following:
       ``(A) A description of the program to be administered under 
     this section, including the per-student amount calculated 
     under subsection (c)(1)(B) that will follow each eligible 
     child to the school or supplemental educational services 
     program the eligible child attends.
       ``(B) An assurance that funds made available under this 
     section will be spent in accordance with the requirements of 
     this section.
       ``(C)(i) An assurance that the State will provide a parent 
     of each eligible child within the State who receives or is 
     offered a grant under this section with the option to use 
     grant funds for 1 (or more than 1 if the parent so chooses) 
     of any of the following, as allowed by State law:
       ``(I) To supplement the budget of any public school the 
     eligible child is able to attend without fees.
       ``(II) To pay for all, or a portion, of any fees required 
     to attend another public school in the participating State.
       ``(III) To pay for all, or a portion, of the tuition and 
     fees to attend an accredited or otherwise State-approved 
     private school.
       ``(IV) To pay for all, or a portion, of the fees required 
     to participate in a supplemental educational services 
     program.
       ``(ii) A description of the procedures the State will 
     implement to carry out the requirements of clause (i), 
     including any accreditation or other method by which the 
     State will approve private schools and providers of 
     supplemental educational services programs to accept grant 
     funds under this section.
       ``(D) An assurance that the State will publish, in a widely 
     read or distributed medium, an annual report that contains--
       ``(i) the number of students, schools, and providers of 
     programs of supplemental educational services that 
     participated in the program assisted under this section;
       ``(ii) information regarding the academic progress of 
     students receiving a grant under this section in meeting 
     challenging State academic standards under section 
     1111(b)(1), if the State requires that students receiving a 
     grant participate in the academic assessments administered 
     under section 1111(b)(2); and
       ``(iii) such other information as the State may require.
       ``(E) A description of how the State will define continuing 
     eligibility with respect to children who have participated in 
     the State's Scholarships for Kids program for the preceding 
     year, in accordance with subsection (a)(1)(B).
       ``(F) An assurance that the State will assist each local 
     educational agency, public school, and participating private 
     school affected by the State declaration of intent to meet 
     the requirements of this section.
       ``(G) An assurance that the State will use Federal funds 
     awarded as grants to eligible children under this section to 
     supplement any funds from non-Federal sources that would, in 
     the absence of such Federal funds, be made available to such 
     students or to the schools or programs of supplemental 
     educational services the students attend, and not to supplant 
     such funds.
       ``(H) An assurance that the State will comply with the 
     requirements of paragraphs (1) and (2) of subsection (b), and 
     subsection (d), of section 1111.
       ``(I) An assurance that the State will participate in 
     biennial State academic assessments in grades 4 and 8 in 
     reading and mathematics under the National Assessment of 
     Educational Progress carried out under section 303(b)(3) of 
     the National Assessment of Educational Progress Authorization 
     Act if the Secretary pays the costs of administering such 
     assessments.
       ``(3) Review and approval by the secretary.--
       ``(A) In general.--The Secretary shall--
       ``(i) establish a process to review the declarations of 
     intent received from States under this subsection; and
       ``(ii) by not later than 30 days after the submission of a 
     State declaration of intent, approve the State declaration 
     or, if the Secretary clearly demonstrates that the State 
     declaration of intent does not meet the requirements of this 
     subsection, carry out the requirements of paragraph (4).
       ``(B) Standard and nature of review.--The Secretary shall 
     conduct a good faith review of State declarations of intent 
     in their totality and in deference to State and local

[[Page S4861]]

     judgments, with the goal of promoting parental choice.
       ``(4) State declaration of intent determination, 
     demonstration, and revision.--If the Secretary determines 
     that a State declaration of intent does not meet the 
     requirements of this subsection, the Secretary shall, prior 
     to disapproving the declaration of intent--
       ``(A) immediately notify the State of the determination;
       ``(B) provide to the State a detailed description of the 
     specific requirements of this subsection that the Secretary 
     determined were not met in the declaration of intent;
       ``(C) offer the State an opportunity to revise and resubmit 
     its declaration of intent within 30 days of the 
     determination;
       ``(D) provide technical assistance, upon request of the 
     State, in order to assist the State in meeting the 
     requirements of this subsection; and
       ``(E) provide an opportunity for a public hearing not later 
     than 30 days after receiving from the State a revised 
     declaration of intent, with public notice provided not less 
     than 15 days before the hearing.
       ``(5) State declaration of intent disapproval.--The 
     Secretary shall have the authority to disapprove a State 
     declaration of intent if--
       ``(A) the State has been notified and offered an 
     opportunity to revise and resubmit the declaration of intent 
     with technical assistance, in accordance with paragraph (4); 
     and
       ``(B)(i) the State does not submit a revised declaration of 
     intent; or
       ``(ii) the State submits a revised declaration of intent 
     that the Secretary determines, after an opportunity for a 
     hearing conducted in accordance with paragraph (4)(E), does 
     not meet the requirements of this subsection.
       ``(6) Recognition by operation of law.--If the Secretary 
     fails to take action on a declaration of intent submitted by 
     a State within the time specified in paragraph (3)(A)(ii), 
     the declaration of intent, as submitted, shall be deemed to 
     be approved.
       ``(7) Limitations.--The Secretary shall not have the 
     authority to require a State, as a condition of approval of 
     the State declaration of intent under this subsection, to--
       ``(A) submit any standards for academic content or student 
     academic achievement for review or approval;
       ``(B) enter into a voluntary partnership with another State 
     to develop and implement academic assessments, challenging 
     State academic standards, and accountability systems;
       ``(C) include in, or delete from, such a declaration of 
     intent any criterion that specifies, describes, or prescribes 
     any standard or measure that the State uses to establish, 
     implement, or improve--
       ``(i) the challenging State academic standards;
       ``(ii) assessments;
       ``(iii) State accountability systems;
       ``(iv) systems that measure student growth;
       ``(v) measures of other academic indicators; or
       ``(vi) teacher and principal evaluation systems; or
       ``(D) require the collection, publication, or transmission 
     to the Department of individual student data that is not 
     expressly required to be collected under this Act.
       ``(e) Accountability for Academic Progress.--A 
     participating State may require each eligible child receiving 
     a grant under this section to take academic assessments 
     implemented by the State educational agency under section 
     1111(b)(2) or an alternative assessment approved by the State 
     educational agency of the participating State, if the 
     participating State pays any costs associated with 
     administering the assessment.
       ``(f) Nondiscrimination and Other Requirements for Schools 
     and Providers of Supplemental Educational Services 
     Programs.--
       ``(1) Nondiscrimination.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     a school or provider of a supplemental educational services 
     program that participates in a program under this section by 
     accepting grant funds under this section on behalf of an 
     eligible child under this section shall agree to not 
     discriminate against program participants or applicants on 
     the basis of race, color, national origin, religion, or sex.
       ``(B) Exceptions.--
       ``(i) In general.--Notwithstanding any other provision of 
     law, the prohibition of sex discrimination in subparagraph 
     (A) shall not apply to a participating school that is 
     operated by, supervised by, controlled by, or connected to a 
     religious organization to the extent that the application of 
     subparagraph (A) is inconsistent with the religious tenets or 
     beliefs of the school.
       ``(ii) Single-sex school, class, or activity.--
     Notwithstanding subparagraph (A) or any other provision of 
     law, a parent may choose, and a school may offer, a single-
     sex school, class, or activity.
       ``(C) Applicability.--Section 909 of the Education 
     Amendments of 1972 (20 U.S.C. 1688) shall apply to this 
     section as if such section 909 were part of this section.
       ``(2) Children with disabilities.--Nothing in this section 
     shall be construed to alter or modify the Individuals with 
     Disabilities Education Act.
       ``(3) Rules of conduct and other school policies.--A 
     participating school or provider of supplemental educational 
     services may require eligible children attending the school 
     or receiving the services, respectively, to abide by any 
     rules of conduct or other requirements applicable to all 
     other students served by the school or the provider of 
     supplemental educational services.
       ``(4) Religiously affiliated schools and providers of 
     supplemental educational services.--
       ``(A) In general.--Notwithstanding any other provision of 
     law, a school or provider of supplemental educational 
     services participating in a program under this section that 
     is operated by, supervised by, controlled by, or connected 
     to, a religious organization may exercise its right in 
     matters of employment consistent with title VII of the Civil 
     Rights Act of 1964 (42 U.S.C. 2000e-1 et seq.), including the 
     exemptions in such title.
       ``(B) Maintenance of purpose.--Notwithstanding any other 
     provision of law, funds made available under this section to 
     eligible students that are received by a participating school 
     or supplemental educational services provider, as a result of 
     their parents' choice, shall not, consistent with the first 
     amendment of the Constitution of the United States--
       ``(i) necessitate any change in the participating school's 
     teaching mission;
       ``(ii) require any participating school to remove religious 
     art, icons, scriptures, or other symbols; or
       ``(iii) preclude any participating school from retaining 
     religious terms in its name, selecting its board members on a 
     religious basis, or including religious references in its 
     mission statements and other chartering or governing 
     documents.
       ``(g) National Program Assessment.--
       ``(1) In general.--The Secretary, acting through the 
     Director of the Institute of Education Sciences, shall carry 
     out a national assessment of activities carried out with 
     Federal funds under this section in order--
       ``(A) to determine the effectiveness of this section in 
     achieving the purposes of this section; and
       ``(B) to provide timely information to the President, 
     Congress, the States, local educational agencies, and the 
     public on how to implement this section more effectively, 
     including recommendations for legislative and administrative 
     action that can achieve the purposes of this section more 
     effectively.
       ``(2) Scope of assessment.--The national assessment shall 
     assess activities supported under this section, including--
       ``(A) the implementation of programs assisted under this 
     section by participating States and the impact of such 
     programs on improving the academic achievement of low-income 
     children to meet the challenging State academic standards 
     adopted by the participating States under section 1111(b)(1), 
     based on the State academic assessments adopted under section 
     1111(b)(2), to the extent applicable;
       ``(B) the types of programs and services in participating 
     States that have demonstrated the greatest effectiveness in 
     helping low-income students reach the challenging State 
     academic standards developed by the participating States; and
       ``(C) the effectiveness of States, local educational 
     agencies, schools, and other recipients of assistance under 
     this section in achieving the purposes of this section, by--
       ``(i) improving the academic achievement of low-income 
     children and their performance on State assessments, where 
     applicable, as compared with other children; and
       ``(ii) improving the participation of parents of low-income 
     children in the education of their children.
       ``(3) Sources of information and data collection.--
       ``(A) In general.--In conducting the assessment under this 
     subsection, the Secretary shall--
       ``(i) analyze existing data from States required for 
     reports under this Act and the Individuals with Disabilities 
     Education Act, and summarize major findings from such 
     reports; and
       ``(ii) analyze data from the National Assessment of 
     Educational Progress carried out under section 303(b)(2) of 
     the National Assessment of Educational Progress Authorization 
     Act.
       ``(B) Special rule.--The information and data used to 
     prepare the assessment, as described in subparagraph (A), 
     shall be derived from existing State and local reporting 
     requirements and data sources. Nothing in this paragraph 
     shall be construed as authorizing, requiring, or allowing any 
     additional reporting requirements, data elements, or 
     information to be reported to the Secretary not otherwise 
     explicitly authorized by any other Federal law.
       ``(4) Reports.--
       ``(A) Interim report.--Not later than 3 years after the 
     date of enactment of the Every Child Achieves Act of 2015, 
     the Secretary shall transmit to the President, the Committee 
     on Education and the Workforce of the House of 
     Representatives, and the Committee on Health, Education, 
     Labor, and Pensions of the Senate, an interim report on the 
     national assessment conducted under this subsection.
       ``(B) Final report.--Not later than 5 years after the date 
     of enactment of the Every Child Achieves Act of 2015, the 
     Secretary shall transmit to the President, the Committee on 
     Education and the Workforce of the House of Representatives, 
     and the Committee on Health, Education, Labor, and Pensions 
     of the Senate, a final report on the

[[Page S4862]]

     national assessment conducted under this subsection.
       ``(h) Prohibition Against Federal Mandates, Direction, or 
     Control.--Nothing in this subsection shall be construed to 
     authorize the Secretary or any other officer or employee of 
     the Federal Government to mandate, direct, control, or 
     exercise any direction or supervision over the instructional 
     content or materials, curriculum, program of instruction, 
     challenging State academic standards, or academic assessments 
     of a State, local educational agency, elementary school or 
     secondary school, or provider of supplemental educational 
     services.''.
       (b) Authorization of Appropriations.--Section 1002 (20 
     U.S.C. 6302), as amended by section 1002 of this Act, is 
     further amended to read as follows:

     ``SEC. 1002. AUTHORIZATION OF APPROPRIATIONS.

       ``For the purpose of carrying out part A, there are 
     authorized to be appropriated $23,837,351,000 for fiscal year 
     2016 and each of the 5 succeeding fiscal years.''.
       (c) Program Consolidation.--
       (1) Consolidation of certain federal education programs.--
     The following provisions are repealed:
       (A) Section 1003 and parts B, C, D, and E of title I of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6301 et seq.).
       (B) Titles II, III, IV, V, VI, and VII of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 6601 et seq., 
     6801 et seq., 7101 et seq., 7301 et seq., 7401 et seq.).
       (C) Clauses (iii) and (iv) of section 105(f)(1)(B) of the 
     Compact of Free Association Amendments Act of 2003 (48 U.S.C. 
     1921d(f)(1)(B)(iii) and (iv)).
       (D) The Carl D. Perkins Career and Technical Education Act 
     of 2006 (20 U.S.C. 2301 et seq.).
       (E) Subtitle B of title VII of the McKinney-Vento Homeless 
     Assistance Act (42 U.S.C. 11431 et seq.).
       (F) The Educational Technical Assistance Act of 2002 (20 
     U.S.C. 9601 et seq.).
       (G) Part A of title II of the Higher Education Act of 1965 
     (20 U.S.C. 1022 et seq.).
       (H) Sections 402B and 402C of the Higher Education Act of 
     1965 (20 U.S.C. 1070a-12, 1070a-13).
       (I) Section 410 of the Agricultural Research, Extension, 
     and Education Reform Act of 1998 (7 U.S.C. 7630).
       (J) Section 1417(j) of the National Agricultural Research, 
     Extension, and Teaching Policy Act of 1977 (7 U.S.C. 
     3152(j)).
       (K) Section 4101 of the Patient Protection and Affordable 
     Care Act (42 U.S.C. 280h-4 note).
       (L) Section 9 of the National Science Foundation 
     Authorization Act of 2002 (42 U.S.C. 1862n).
       (M) Section 399Z-1 of the Public Health Service Act (42 
     U.S.C. 280h-5).
       (N) Sections 14005, 14006, and 14007 of the American 
     Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 
     Stat. 282).
       (2) Effective date.--Paragraph (1) shall take effect on 
     October 1, 2016.
       (3) Additional conforming amendments.--
       (A) In general.--After consultation with the appropriate 
     committees of Congress and the Director of the Office of 
     Management and Budget, each applicable Secretary shall 
     prepare recommended legislation containing technical and 
     conforming amendments to reflect the changes made by this 
     section.
       (B) Submission to congress.--Not later than 6 months after 
     the date of enactment of this Act, each applicable Secretary 
     shall submit the recommended legislation referred to under 
     subparagraph (A) to the appropriate committees of Congress.
       (C) Definition of applicable secretary.--For purposes of 
     this section, the term ``applicable Secretary'' means a 
     Secretary with authority over a program or provision of law 
     described in paragraph (1).
                                 ______
                                 
  SA 2140. Mrs. SHAHEEN submitted an amendment intended to be proposed 
by her to the bill S. 1177, to reauthorize the Elementary and Secondary 
Education Act of 1965 to ensure that every child achieves; which was 
ordered to lie on the table; as follows:

       At the end of part B of title X, add the following:

     SEC. 10234. REPEAL OF DUPLICATIVE INSPECTION AND GRADING 
                   PROGRAM.

       (a) Food, Conservation, and Energy Act of 2008.--Effective 
     June 18, 2008, section 11016 of the Food, Conservation, and 
     Energy Act of 2008 (Public Law 110-246; 122 Stat. 2130) is 
     repealed.
       (b) Agricultural Act of 2014.--Effective February 7, 2014, 
     section 12106 of the Agricultural Act of 2014 (Public Law 
     113-79; 128 Stat. 981) is repealed.
       (c) Application.--The Federal Meat Inspection Act (21 
     U.S.C. 601 et seq.) and the Agricultural Marketing Act of 
     1946 (7 U.S.C. 1621 et seq.) shall be applied and 
     administered as if the provisions of law struck by this 
     section had not been enacted.
                                 ______
                                 
  SA 2141. Mr. BENNET (for himself and Ms. Ayotte) submitted an 
amendment intended to be proposed to amendment SA 2089 submitted by Mr. 
Alexander (for himself and Mrs. Murray) to the bill S. 1177, to 
reauthorize the Elementary and Secondary Education Act of 1965 to 
ensure that every child achieves; which was ordered to lie on the 
table; as follows:

       On page 622, line 18, insert ``such as through entities 
     administering shared services,'' after ``strategies,''.
       On page 624, line 9, insert ``which may include the use of 
     shared services models'' after ``time in program''.
                                 ______
                                 
  SA 2142. Mr. BLUMENTHAL (for himself, Mr. Murphy, and Ms. Cantwell) 
submitted an amendment intended to be proposed to amendment SA 2089 
submitted by Mr. Alexander (for himself and Mrs. Murray) to the bill S. 
1177, to reauthorize the Elementary and Secondary Education Act of 1965 
to ensure that every child achieves; which was ordered to lie on the 
table; as follows:

       On page 267, between lines 17 and 18, insert the following:
       ``(2) Social and emotional learning.--The term `social and 
     emotional learning' means the process through which children 
     and adults acquire the knowledge, attitudes, and skills 
     associated with the core areas of social and emotional 
     competency, including--
       ``(A) self-awareness and self-management to achieve school 
     and life success, such as--
       ``(i) identifying and recognizing strengths, needs, 
     emotions, values, and self-efficacy;
       ``(ii) emotion regulation, including impulse control and 
     stress management;
       ``(iii) self-motivation and discipline; and
       ``(iv) goal setting and organizational skills;
       ``(B) social awareness and interpersonal skills to 
     establish and maintain positive relationships, such as 
     perspective taking and respect for others, communication, 
     working cooperatively, negotiation, conflict management, and 
     help-seeking; and
       ``(C) decisionmaking skills and responsible behaviors in 
     personal, academic, and community contexts, such as 
     situational analysis, problem solving, reflection, and 
     personal, social, and ethical responsibility.
       ``(3) Social and emotional learning programming.--The term 
     `social and emotional learning programming' refers to 
     evidence-based classroom instruction and schoolwide 
     activities and initiatives that--
       ``(A) integrate social and emotional learning into the 
     school curriculum;
       ``(B) provide systematic instruction whereby social and 
     emotional skills are taught, modeled, practiced, and applied 
     so that students use the skills as part of the students' 
     daily behavior;
       ``(C) teach students to apply social and emotional skills 
     to--
       ``(i) prevent specific problem behaviors such as substance 
     use, violence, bullying, and school failure; and
       ``(ii) promote positive behaviors in class, school, and 
     community activities; and
       ``(D) establish safe and caring learning environments that 
     foster student participation, engagement, and connection to 
     learning, the school, and the community.''.
       On page 281, between lines 9 and 10, insert the following:

       ``(IV) programs that supplement, not supplant training for 
     teachers, principals, other school leaders, or specialized 
     instructional support personnel in practices that have 
     demonstrated effectiveness in improving student achievement, 
     attainment, behavior, and school climate through addressing 
     the social and emotional development needs of students, such 
     as through social and emotional learning programming.''.

       On page 302, between lines 17 and 18, insert the following:
       ``(vi) address the social and emotional development needs 
     of students to improve student achievement, attainment, 
     behavior, and school climate such as through social and 
     emotional learning programming;''.
                                 ______
                                 
  SA 2143. Mr. DURBIN submitted an amendment intended to be proposed to 
amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:

       At the end of title X, insert the following:

          PART C--PROTECTING STUDENT ATHLETES FROM CONCUSSIONS

     SECTION 10301. SHORT TITLE.

       This part may be cited as the ``Protecting Student Athletes 
     from Concussions Act of 2015''.

     SEC. 10302. MINIMUM STATE REQUIREMENTS.

       (a) Minimum Requirements.--Each State that receives funds 
     under the Elementary and Secondary Education Act of 1965 (20 
     U.S.C. 6301 et seq.) and does not meet the requirements 
     described in this section, as of the date of enactment of 
     this part, shall, not later than the last day of the fifth 
     full fiscal year after the date of enactment of this part 
     (referred to in this part as the ``compliance deadline''), 
     enact legislation or issue regulations establishing the 
     following minimum requirements:
       (1) Local educational agency concussion safety and 
     management plan.--Each local educational agency in the State, 
     in consultation with members of the community in which such 
     agency is located, shall develop and implement a standard 
     plan for concussion safety and management that--
       (A) educates students, parents, and school personnel about 
     concussions, through activities such as--
       (i) training school personnel, including coaches, teachers, 
     athletic trainers, related

[[Page S4863]]

     services personnel, and school nurses, on concussion safety 
     and management, including training on the prevention, 
     recognition, and academic consequences of concussions and 
     response to concussions; and
       (ii) using, maintaining, and disseminating to students and 
     parents--

       (I) release forms and other appropriate forms for reporting 
     and record keeping;
       (II) treatment plans; and
       (III) concussion prevention and post-injury observation and 
     monitoring fact sheets;

       (B) encourages supports, where feasible, for a student 
     recovering from a concussion (regardless of whether or not 
     the concussion occurred during school-sponsored activities, 
     during school hours, on school property, or during an 
     athletic activity), such as--
       (i) guiding the student in resuming participation in 
     athletic activity and academic activities with the help of a 
     multi-disciplinary concussion management team, which may 
     include--

       (I) a health care professional, the parents of such 
     student, a school nurse, relevant related services personnel, 
     and other relevant school personnel; and
       (II) an individual who is assigned by a public school to 
     oversee and manage the recovery of such student; and

       (ii) providing appropriate academic accommodations aimed at 
     progressively reintroducing cognitive demands on the student; 
     and
       (C) encourages the use of best practices designed to 
     ensure, with respect to concussions, the uniformity of safety 
     standards, treatment, and management, such as--
       (i) disseminating information on concussion safety and 
     management to the public; and
       (ii) applying uniform best practice standards for 
     concussion safety and management to all students enrolled in 
     public schools.
       (2)Posting of information on concussions.--Each public 
     elementary school and each public secondary school shall post 
     on school grounds, in a manner that is visible to students 
     and school personnel, and make publicly available on the 
     school website, information on concussions that--
       (A) is based on peer-reviewed scientific evidence (such as 
     information made available by the Centers for Disease Control 
     and Prevention);
       (B) shall include information on--
       (i) the risks posed by sustaining a concussion;
       (ii) the actions a student should take in response to 
     sustaining a concussion, including the notification of school 
     personnel; and
       (iii) the signs and symptoms of a concussion; and
       (C) may include information on--
       (i) the definition of a concussion;
       (ii) the means available to the student to reduce the 
     incidence or recurrence of a concussion; and
       (iii) the effects of a concussion on academic learning and 
     performance.
       (3)Response to concussion.--If an individual designated 
     from among school personnel for purposes of this part, one of 
     whom shall attend every school-sponsored athletic activity, 
     suspects that a student has sustained a concussion 
     (regardless of whether or not the concussion occurred during 
     school-sponsored activities, during school hours, on school 
     property, or during an athletic activity)--
       (A) the student shall be--
       (i) immediately removed from participation in a school-
     sponsored athletic activity; and
       (ii) prohibited from returning to participate in a school-
     sponsored athletic activity on the day such student is 
     removed from participation; and
       (B) the designated individual shall report to the parent or 
     guardian of such student--
       (i) any information that the designated school employee is 
     aware of regarding the date, time, and type of the injury 
     suffered by such student (regardless of where, when, or how a 
     concussion may have occurred); and
       (ii) any actions taken to treat such student.
       (4)Return to athletics.--If a student has sustained a 
     concussion (regardless of whether or not the concussion 
     occurred during school-sponsored activities, during school 
     hours, on school property, or during an athletic activity), 
     before such student resumes participation in school-sponsored 
     athletic activities, the school shall receive a written 
     release from a health care professional, that--
       (A) states that the student is capable of resuming 
     participation in such activities; and
       (B) may require the student to follow a plan designed to 
     aid the student in recovering and resuming participation in 
     such activities in a manner that--
       (i) is coordinated, as appropriate, with periods of 
     cognitive and physical rest while symptoms of a concussion 
     persist; and
       (ii) reintroduces cognitive and physical demands on such 
     student on a progressive basis only as such increases in 
     exertion do not cause the reemergence or worsening of 
     symptoms of a concussion.
       (b)Noncompliance.--
       (1)First year.--If a State described in subsection (a) 
     fails to comply with subsection (a) by the compliance 
     deadline, the Secretary of Education shall reduce by 5 
     percent the amount of funds the State receives under the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6301 et seq.) for the first fiscal year following the 
     compliance deadline.
       (2)Succeeding years.--If the State fails to so comply by 
     the last day of any fiscal year following the compliance 
     deadline, the Secretary of Education shall reduce by 10 
     percent the amount of funds the State receives under the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6301 et seq.) for the following fiscal year.
       (3)Notification of noncompliance.--Prior to reducing any 
     funds that a State receives under the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) in 
     accordance with this subsection, the Secretary of Education 
     shall provide a written notification of the intended 
     reduction of funds to the State and to the appropriate 
     committees of Congress.

     SEC. 10303. RULE OF CONSTRUCTION.

       Nothing in this part shall be construed to affect civil or 
     criminal liability under Federal or State law.

     SEC. 10304. DEFINITIONS.

       In this part:
       (1)Concussion.--The term ``concussion'' means a type of 
     mild traumatic brain injury that--
       (A) is caused by a blow, jolt, or motion to the head or 
     body that causes the brain to move rapidly in the skull;
       (B) disrupts normal brain functioning and alters the mental 
     state of the individual, causing the individual to 
     experience--
       (i) any period of observed or self-reported--

       (I) transient confusion, disorientation, or impaired 
     consciousness;
       (II) dysfunction of memory around the time of injury; or
       (III) loss of consciousness lasting less than 30 minutes; 
     or

       (ii) any 1 of 4 types of symptoms, including--

       (I) physical symptoms, such as headache, fatigue, or 
     dizziness;
       (II) cognitive symptoms, such as memory disturbance or 
     slowed thinking;
       (III) emotional symptoms, such as irritability or sadness; 
     or
       (IV) difficulty sleeping; and

       (C) can occur--
       (i) with or without the loss of consciousness; and
       (ii) during participation in any organized sport or 
     recreational activity.
       (2)Health care professional.--The term ``health care 
     professional''--
       (A) means an individual who has been trained in diagnosis 
     and management of traumatic brain injury in a pediatric 
     population; and
       (B) includes a physician (M.D. or D.O.), certified athletic 
     trainer, or physical therapist who is registered, licensed, 
     certified, or otherwise statutorily recognized by the State 
     to provide such diagnosis and management.
       (3)Local educational agency; state.--The terms ``local 
     educational agency'' and ``State'' have the meanings given 
     such terms in section 9101 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7801).
       (4)Related services personnel.--The term ``related services 
     personnel'' means individuals who provide related services, 
     as defined under section 602 of the Individuals with 
     Disabilities Education Act (20 U.S.C. 1401).
       (5)School-sponsored athletic activity.--The term ``school-
     sponsored athletic activity'' means--
       (A) any physical education class or program of a school;
       (B) any athletic activity authorized during the school day 
     on school grounds that is not an instructional activity;
       (C) any extra-curricular sports team, club, or league 
     organized by a school on or off school grounds; and
       (D) any recess activity.
                                 ______
                                 
  SA 2144. Mr. WICKER submitted an amendment intended to be proposed to 
amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:

       At the end of part B of title X, add the following:

     SEC. 10202. RESOURCES FOR IMPROVED SCIENCE EDUCATION.

       (a) In General.--The Administrator of the Environmental 
     Protection Agency and the Administrator of the National 
     Oceanic and Atmospheric Administration shall provide States 
     and local educational agencies with balanced, objective 
     resources on climate theory to promote improved science 
     education for students in kindergarten through grade 12, 
     including materials regarding--
       (1) the natural causes and cycles of climate change;
       (2) the uncertainties inherent in climate modeling; and
       (3) the myriad factors that influence the climate of the 
     Earth.
       (b) Resources.--The resources provided under subsection (a) 
     shall be--
       (1) in addition to any climate theory resources the 
     Administrator of the Environmental Protection Agency or the 
     Administrator of the National Oceanic and Atmospheric 
     Administration are providing to States or local educational 
     agencies on the day before the date of enactment of this Act; 
     and
       (2) made available to promote open classroom discussion 
     that builds student skills in scientific reasoning, critical 
     thinking, and independent thought.

[[Page S4864]]

                                 ______
                                 
  SA 2145. Ms. AYOTTE (for herself and Mr. Blumenthal) submitted an 
amendment intended to be proposed to amendment SA 2089 submitted by Mr. 
Alexander (for himself and Mrs. Murray) to the bill S. 1177, to 
reauthorize the Elementary and Secondary Education Act of 1965 to 
ensure that every child achieves; which was ordered to lie on the 
table; as follows:

       On page 430, between lines 6 and 7, insert the following:
       ``(ix) designing and implementing evidence-based mental 
     health awareness training programs for the purposes of--

       ``(I) recognizing the signs and symptoms of mental illness;
       ``(II) providing education to school personnel regarding 
     resources available in the community for students with mental 
     illnesses and other relevant resources relating to mental 
     health; or
       ``(III) providing education to school personal regarding 
     the safe de-escalation of crisis situations involving a 
     student with a mental illness; and

                                 ______
                                 
  SA 2146. Mr. COTTON (for himself, Mr. Sessions, and Mr. Cruz) 
submitted an amendment intended to be proposed to amendment SA 2089 
submitted by Mr. Alexander (for himself and Mrs. Murray) to the bill S. 
1177, to reauthorize the Elementary and Secondary Education Act of 1965 
to ensure that every child achieves; which was ordered to lie on the 
table; as follows:

       At the end of part B of title X, add the following:

     SEC. 10204. SANCTUARY CITIES.

       (a) Sanctuary City Defined.--In this section, the term 
     ``sanctuary city'' means a State or a political subdivision 
     of a State that has in effect a statute, policy, or practice 
     that prohibits law enforcement officers of the State, or of 
     the political subdivision, from assisting or cooperating with 
     Federal immigration law enforcement in the course of carrying 
     out the officers' routine law enforcement duties.
       (b) Ineligibility for Funds and Grants.--
       (1) In general.--A sanctuary city shall not be eligible to 
     receive, for a minimum period of at least 1 year--
       (A) any of the funds that would otherwise be allocated to 
     the State or political subdivision under section 241(i) of 
     the Immigration and Nationality Act (8 U.S.C. 1231(i)) or the 
     `Cops on the Beat' program under part Q of title I of the 
     Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3796dd et seq.); or
       (B) any other law enforcement or Department of Homeland 
     Security grant.
       (2) Termination of ineligibility.--A jurisdiction that is 
     found to be a sanctuary city shall only become eligible to 
     receive funds or grants under paragraph (1) after the 
     Attorney General certifies that the jurisdiction is no longer 
     a sanctuary city.
       (c) Annual Determination and Report.--
       (1) Annual determination.--Not later than March 1 of each 
     year, the Secretary of Homeland Security shall determine 
     which States or political subdivisions of a State are 
     sanctuary cities and shall report to Congress such 
     determinations.
       (2) Reports.--The Attorney General shall issue a report 
     concerning the compliance of any particular State or 
     political subdivision of a State at the request of the 
     Committee on the Judiciary of the Senate or the Committee on 
     the Judiciary of the House of Representatives.
       (d) Reallocation.--Any funds that are not allocated to a 
     sanctuary city, due to the jurisdiction's designation as a 
     sanctuary city, shall be reallocated to States and political 
     subdivisions of States that are not sanctuary cities.
       (e) Construction.--Nothing in this section may be construed 
     to require law enforcement officials from a State or a 
     political subdivision of a State to report or arrest victims 
     or witnesses of a criminal offense.
       (f) Effective Date.--This section shall take effect on the 
     date of the enactment of this Act.
                                 ______
                                 
  SA 2147. Mr. PORTMAN (for himself and Mr. Whitehouse) submitted an 
amendment intended to be proposed to amendment SA 2089 submitted by Mr. 
Alexander (for himself and Mrs. Murray) to the bill S. 1177, to 
reauthorize the Elementary and Secondary Education Act of 1965 to 
ensure that every child achieves; which was ordered to lie on the 
table; as follows:

       On page 422, line 22, insert ``recovery support services,'' 
     after ``referral,''.
       On page 439, line 16, insert ``recovery support services,'' 
     after ``mentoring,''.
                                 ______
                                 
  SA 2148. Mr. McCAIN submitted an amendment intended to be proposed to 
amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:

       On page 70, line 3, strike the period and insert the 
     following: ``; and
       ``(iii) use funds under this part to implement statewide 
     efforts to expand and replicate highly performing, low-income 
     charter schools, magnet schools, and traditional public 
     schools.
                                 ______
                                 
  SA 2149. Mr. UDALL submitted an amendment intended to be proposed to 
amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:

       On page 799, between lines 17 and 18, insert the following:

     SEC. 9114A. APPLICATION FOR COMPETITIVE GRANTS FROM THE 
                   BUREAU OF INDIAN EDUCATION.

       Subpart 2 of part F of title IX (20 U.S.C. 7901 et seq.), 
     as amended by sections 4001(3) and 9114 and redesignated by 
     section 9106(1), is further amended by adding at the end the 
     following:

     ``SEC. 9539. APPLICATION FOR COMPETITIVE GRANTS FROM THE 
                   BUREAU OF INDIAN EDUCATION.

       ``(a) In General.--Notwithstanding any other provision of 
     this Act and subject to subsection (b), the Bureau of Indian 
     Education may apply for, and carry out, any grant program 
     awarded on a competitive basis under this Act, as 
     appropriate, on behalf of the schools and the Indian children 
     that the Bureau serves, and shall not be subject to any 
     provision of the program that requires grant recipients to 
     contribute funds toward the costs of the grant program.
       ``(b) Limitation.--In the case of any competitive grant 
     program described in subsection (a) that also provides a 
     reservation of funds to the Bureau of Indian Education, the 
     Bureau shall not, for any fiscal year, receive both a grant 
     and a reservation under the competitive grant program.''.
                                 ______
                                 
  SA 2150. Mrs. FEINSTEIN (for herself, Mr. Cornyn, and Mr. Gardner) 
submitted an amendment intended to be proposed to amendment SA 2089 
submitted by Mr. Alexander (for himself and Mrs. Murray) to the bill S. 
1177, to reauthorize the Elementary and Secondary Education Act of 1965 
to ensure that every child achieves; which was ordered to lie on the 
table; as follows:

       On page 403, strike line 15 and insert the following:
       ``(B) intensified instruction, which may include 
     linguistically responsive materials; and
       ``(C) bilingual paraprofessionals, which may include 
     interpreters and translators.
                                 ______
                                 
  SA 2151. Mr. CARPER submitted an amendment intended to be proposed to 
amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:

       On page 287, between lines 8 and 9, insert the following:
       ``(J) A description of actions the State will take to 
     improve preparation programs and strengthen support for 
     principals and other school leaders based on the needs of the 
     State, as identified by the State educational agency.
                                 ______
                                 
  SA 2152. Mr. CASEY (for himself, Mrs. Murray, Ms. Hirono, Mr. Durbin, 
Mr. Murphy, Mr. Heinrich, Ms. Baldwin, Mr. Udall, Mr. Schatz, Ms. 
Mikulski, Mr. Franken, Mr. Markey, Mr. Whitehouse, Mrs. Gillibrand, Mr. 
Wyden, Mr. Coons, Ms. Warren, Ms. Cantwell, Mr. Schumer, Mrs. Shaheen, 
and Mr. Sanders) submitted an amendment intended to be proposed to 
amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:

       At the end of title X, add the following:

                   PART C--UNIVERSAL PREKINDERGARTEN

                   Subpart A--Prekindergarten Access

     SEC. 10300. SHORT TITLE.

       This part may be cited as the ``Strong Start for America's 
     Children Act of 2015''.

     SEC. 10301. PURPOSES.

       The purposes of this subpart are to--
       (1) establish a Federal-State partnership to provide access 
     to high-quality public prekindergarten programs for all 
     children from low-income and moderate-income families to 
     ensure that they enter kindergarten prepared for success;
       (2) broaden participation in such programs to include 
     children from additional middle-class families;
       (3) promote access to high-quality kindergarten, and high-
     quality early childhood education programs and settings for 
     children; and
       (4) increase access to appropriate supports so children 
     with disabilities and other children who need specialized 
     supports can fully participate in high-quality early 
     education programs.

     SEC. 10302. DEFINITIONS.

       In this subpart:

[[Page S4865]]

       (1) Child with a disability.--The term ``child with a 
     disability'' means--
       (A) a child with a disability, as defined in section 602 of 
     the Individuals with Disabilities Education Act (20 U.S.C. 
     1401); or
       (B) an infant or toddler with a disability, as defined in 
     section 632 of the Individuals with Disabilities Education 
     Act (20 U.S.C. 1432).
       (2) Comprehensive early learning assessment system.--The 
     term ``comprehensive early learning assessment system''--
       (A) means a coordinated and comprehensive system of 
     multiple assessments, each of which is valid and reliable for 
     its specified purpose and for the population with which it 
     will be used, that--
       (i) organizes information about the process and context of 
     young children's learning and development to help early 
     childhood educators make informed instructional and 
     programmatic decisions; and
       (ii) conforms to the recommendations of the National 
     Research Council reports on early childhood; and
       (B) includes, at a minimum--
       (i) child screening measures to identify children who may 
     need follow-up services to address developmental, learning, 
     or health needs in, at a minimum, areas of physical health, 
     behavioral health, oral health, child development, vision, 
     and hearing;
       (ii) child formative assessments;
       (iii) measures of environmental quality; and
       (iv) measures of the quality of adult-child interactions.
       (3) Dual language learner.--The term ``dual language 
     learner'' means an individual who is limited English 
     proficient.
       (4) Early childhood education program.--The term ``early 
     childhood education program'' has the meaning given the term 
     under section 103 of the Higher Education Act of 1965 (20 
     U.S.C. 1003).
       (5) Elementary school.--The term ``elementary school'' has 
     the meaning given the term in section 9101 of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 7801).
       (6) Eligibility determination date.--The term ``eligibility 
     determination date'' means the date used to determine 
     eligibility for public elementary school in the community in 
     which the eligible local entity involved is located.
       (7) Eligible local entity.--The term ``eligible local 
     entity'' means--
       (A) a local educational agency, including a charter school 
     or a charter management organization that acts as a local 
     educational agency, or an educational service agency in 
     partnership with a local educational agency;
       (B) an entity (including a Head Start program or licensed 
     child care setting) that carries out, administers, or 
     supports an early childhood education program; or
       (C) a consortium of entities described in subparagraph (A) 
     or (B).
       (8) Full-day.--The term ``full-day'' means a day that is--
       (A) equivalent to a full school day at the public 
     elementary schools in a State; and
       (B) not less than 5 hours a day.
       (9) Governor.--The term ``Governor'' means the chief 
     executive officer of a State.
       (10) High-quality prekindergarten program.--The term 
     ``high-quality prekindergarten program'' means a 
     prekindergarten program supported by an eligible local entity 
     that includes, at a minimum, the following elements based on 
     nationally recognized standards:
       (A) Serves children who--
       (i) are age 4 or children who are age 3 or 4, by the 
     eligibility determination date (including children who turn 
     age 5 while attending the program); or
       (ii) have attained the legal age for State-funded 
     prekindergarten.
       (B) Requires high qualifications for staff, including that 
     teachers meet the requirements of 1 of the following clauses:
       (i) The teacher has a bachelor's degree in early childhood 
     education or a related field with coursework that 
     demonstrates competence in early childhood education.
       (ii) The teacher--

       (I) has a bachelor's degree in any field;
       (II) has demonstrated knowledge of early childhood 
     education by passing a State-approved assessment in early 
     childhood education;
       (III) while employed as a teacher in the prekindergarten 
     program, is engaged in ongoing professional development in 
     early childhood education for not less than 2 years; and
       (IV) not more than 4 years after starting employment as a 
     teacher in the prekindergarten program, enrolls in and 
     completes a State-approved educator preparation program in 
     which the teacher receives training and support in early 
     childhood education.

       (iii) The teacher has bachelor's degree with a credential, 
     license, or endorsement that demonstrates competence in early 
     childhood education.
       (C) Maintains an evidence-based maximum class size.
       (D) Maintains an evidence-based child to instructional 
     staff ratio.
       (E) Offers a full-day program.
       (F) Provides developmentally appropriate learning 
     environments and evidence-based curricula that are aligned 
     with the State's early learning and development standards 
     described in section 10305(1).
       (G) Offers instructional staff salaries comparable to 
     kindergarten through grade 12 teaching staff.
       (H) Provides for ongoing monitoring and program evaluation 
     to ensure continuous improvement.
       (I) Offers accessible comprehensive services for children 
     that include, at a minimum--
       (i) screenings for vision, hearing, dental, health 
     (including mental health), and development (including early 
     literacy and math skill development) and referrals, and 
     assistance obtaining services, when appropriate;
       (ii) family engagement opportunities that take into account 
     home language, such as parent conferences (including parent 
     input about their child's development) and support services, 
     such as parent education, home visiting, and family literacy 
     services;
       (iii) nutrition services, including nutritious meals and 
     snack options aligned with requirements set by the most 
     recent Child and Adult Care Food Program guidelines 
     promulgated by the Department of Agriculture as well as 
     regular, age-appropriate, nutrition education for children 
     and their families;
       (iv) programs in coordination with local educational 
     agencies and entities providing services and supports 
     authorized under part B and part C of the Individuals with 
     Disabilities Education Act (20 U.S.C. 1411 et seq.; 1431 et 
     seq.) to ensure the full participation of children with 
     disabilities;
       (v) physical activity programs aligned with evidence-based 
     guidelines, such as those recommended by the Institute of 
     Medicine, and which take into account and accommodate 
     children with disabilities;
       (vi) additional support services, as appropriate, based on 
     the findings of the community assessment, as described in 
     section 10311(b)(4); and
       (vii) on-site coordination, to the maximum extent 
     practicable.
       (J) Provides high-quality professional development for all 
     staff, including regular in-classroom observation for 
     teachers and teacher assistants by individuals trained in 
     such observation and which may include evidence-based 
     coaching.
       (K) Meets the education performance standards in effect 
     under section 641A(a)(1)(B) of the Head Start Act (42 U.S.C. 
     9836a(a)(1)(B)).
       (L) Maintains evidence-based health and safety standards.
       (M) Maintains disciplinary policies that do not include 
     expulsion or suspension of participating children, except as 
     a last resort in extraordinary circumstances where--
       (i) there is a determination of a serious safety threat; 
     and
       (ii) policies are in place to provide appropriate 
     alternative early educational services to expelled or 
     suspended children while they are out of school.
       (11) Homeless child.--The term ``homeless child'' means a 
     child or youth described in section 725(2) of the McKinney-
     Vento Homeless Assistance Act (42 U.S.C. 11434a(2)).
       (12) Indian tribe; tribal organization.--The terms ``Indian 
     tribe'' and ``tribal organization'' have the meanings given 
     the terms in 658P of the Child Care and Development Block 
     Grant of 1990 (42 U.S.C. 9858n).
       (13) Institution of higher education.--The term 
     ``institution of higher education'' has the meaning given the 
     term in section 102 of the Higher Education Act of 1965 (20 
     U.S.C. 1002).
       (14) Limited english proficient.--The term ``limited 
     English proficient'' has the meaning given the term in 
     section 637 of the Head Start Act (42 U.S.C. 9832).
       (15) Local educational agency; state educational agency; 
     educational service agency.--The terms ``local educational 
     agency'', ``State educational agency'', and ``educational 
     service agency'' have the meanings given the terms in section 
     9101 of the Elementary and Secondary Education Act of 1965 
     (20 U.S.C. 7801).
       (16) Migratory child.--The term ``migratory child'' has the 
     meaning given the term in section 1309 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6399).
       (17) Outlying area.--The term ``outlying area'' means each 
     of the United States Virgin Islands, Guam, American Samoa, 
     the Commonwealth of the Northern Mariana Islands, and the 
     Republic of Palau, the Federated States of Micronesia, and 
     the Republic of the Marshall Islands.
       (18) Poverty line.--The term ``poverty line'' means the 
     official poverty line (as defined by the Office of Management 
     and Budget)--
       (A) adjusted to reflect the percentage change in the 
     Consumer Price Index for All Urban Consumers published by the 
     Bureau of Labor Statistics of the Department of Labor for the 
     most recent 12-month period or other interval for which the 
     data are available; and
       (B) applicable to a family of the size involved.
       (19) Secondary school.--The term ``secondary school'' has 
     the meaning given the term in section 9101 of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 7801).
       (20) Secretary.--The term ``Secretary'' means the Secretary 
     of Education.
       (21) State.--Except as otherwise provided in this subpart, 
     the term ``State'' means each of the 50 States, the District 
     of Columbia, the Commonwealth of Puerto Rico, and each of the 
     outlying areas.
       (22) State advisory council on early childhood education 
     and care.--The term ``State Advisory Council on Early 
     Childhood Education and Care'' means the State Advisory 
     Council on Early Childhood Education and Care established 
     under section 642B(b) of the Head Start Act (42 U.S.C. 
     9837b(b)).

[[Page S4866]]

     SEC. 10303. PROGRAM AUTHORIZATION.

       From amounts made available to carry out this subpart, the 
     Secretary, in consultation with the Secretary of Health and 
     Human Services, shall award grants to States to implement 
     high-quality prekindergarten programs, consistent with the 
     purposes of this subpart described in section 10301. For each 
     fiscal year, the funds provided under a grant to a State 
     shall equal the allotment determined for the State under 
     section 10304.

     SEC. 10304. ALLOTMENTS AND RESERVATIONS OF FUNDS.

       (a) Reservation.--From the amount made available each 
     fiscal year to carry out this subpart, the Secretary shall--
       (1) reserve not less than 1 percent and not more than 2 
     percent for payments to Indian tribes and tribal 
     organizations;
       (2) reserve one-half of 1 percent for the outlying areas to 
     be distributed among the outlying areas on the basis of their 
     relative need, as determined by the Secretary in accordance 
     with the purposes of this subpart;
       (3) reserve one-half of 1 percent for eligible local 
     entities that serve children in families who are engaged in 
     migrant or seasonal agricultural labor; and
       (4) reserve not more than 1 percent or $30,000,000, 
     whichever amount is less, for national activities, including 
     administration, technical assistance, and evaluation.
       (b) Allotments.--
       (1) In general.--From the amount made available each fiscal 
     year to carry out this subpart and not reserved under 
     subsection (a), the Secretary shall make allotments to States 
     in accordance with paragraph (2) that have submitted an 
     approved application.
       (2) Allotment amount.--
       (A) In general.--Subject to subparagraph (B), the Secretary 
     shall allot the amount made available under paragraph (1) for 
     a fiscal year among the States in proportion to the number of 
     children who are age 4 who reside within the State and are 
     from families with incomes at or below 200 percent of the 
     poverty line for the most recent year for which satisfactory 
     data are available, compared to the number of such children 
     who reside in all such States for that fiscal year.
       (B) Minimum allotment amount.--No State receiving an 
     allotment under subparagraph (A) may receive less than one-
     half of 1 percent of the total amount allotted under such 
     subparagraph.
       (3) Reallotment and carry over.--
       (A) In general.--If one or more States do not receive an 
     allotment under this subsection for any fiscal year, the 
     Secretary may use the amount of the allotment for that State 
     or States, in such amounts as the Secretary determines 
     appropriate, for either or both of the following:
       (i) To increase the allotments of States with approved 
     applications for the fiscal year, consistent with 
     subparagraph (B).
       (ii) To carry over the funds to the next fiscal year.
       (B) Reallotment.--In increasing allotments under 
     subparagraph (A)(i), the Secretary shall allot to each State 
     with an approved application an amount that bears the same 
     relationship to the total amount to be allotted under 
     subparagraph (A)(i), as the amount the State received under 
     paragraph (2) for that fiscal year bears to the amount that 
     all States received under paragraph (2) for that fiscal year.
       (4) State.--For purposes of this subsection, the term 
     ``State'' means each of the 50 States, the District of 
     Columbia, and the Commonwealth of Puerto Rico.
       (c) Flexibility.--The Secretary may make minimal 
     adjustments to allotments under subsection (b), which shall 
     neither lead to a significant increase or decrease in a 
     State's allotment determined under subsection (b), based on a 
     set of factors, such as the level of program participation 
     and the estimated cost of the activities specified in the 
     State plan under section 10306(2).

     SEC. 10305. STATE ELIGIBILITY CRITERIA.

       A State is eligible to receive a grant under this subpart 
     if the State demonstrates to the Secretary that the State--
       (1) has established or will establish early learning and 
     development standards that--
       (A) describe what children from birth to kindergarten entry 
     should know and be able to do;
       (B) are universally designed and developmentally, 
     culturally, and linguistically appropriate;
       (C) are aligned with the State's challenging academic 
     content standards and challenging student academic 
     achievement standards, as adopted under section 1111(b)(1) of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6311(b)(1)); and
       (D) cover all of the essential domains of school readiness, 
     which address--
       (i) physical well-being and motor development;
       (ii) social and emotional development;
       (iii) approaches to learning, including creative arts 
     expression;
       (iv) developmentally appropriate oral and written language 
     and literacy development; and
       (v) cognition and general knowledge, including early 
     mathematics and early scientific development;
       (2) has the ability or will develop the ability to link 
     prekindergarten data with State elementary school and 
     secondary school data for the purpose of collecting 
     longitudinal information for all children participating in 
     the State's high-quality prekindergarten program and any 
     other federally funded early childhood program that will 
     remain with the child through the child's public education 
     through grade 12;
       (3) offers State-funded kindergarten for children who are 
     eligible children for that service in the State; and
       (4) has established a State Advisory Council on Early 
     Childhood Education and Care.

     SEC. 10306. STATE APPLICATIONS.

       To receive a grant under this subpart, the Governor of a 
     State, in consultation with the Indian tribes and tribal 
     organizations in the State, if any, shall submit an 
     application to the Secretary at such time, in such manner, 
     and containing such information as the Secretary may 
     reasonably require. At a minimum, each such application shall 
     include--
       (1) an assurance that the State--
       (A) will coordinate with and continue to participate in the 
     programs authorized under section 619 and part C of the 
     Individuals with Disabilities Education Act (20 U.S.C. 1419; 
     1431 et seq.), the Child Care and Development Block Grant Act 
     of 1990 (42 U.S.C. 9858 et seq.), and the maternal, infant, 
     and early childhood home visiting programs funded under 
     section 511 of the Social Security Act (42 U.S.C. 711) for 
     the duration of the grant;
       (B) will designate a State-level entity (such as an agency 
     or joint interagency office), selected by the Governor, for 
     the administration of the grant, which shall coordinate and 
     consult with the State educational agency if the entity is 
     not the State educational agency; and
       (C) will establish, or certify the existence of, program 
     standards for all State prekindergarten programs consistent 
     with the definition of a high-quality prekindergarten program 
     under section 10302;
       (2) a description of the State's plan to--
       (A) use funds received under this subpart and the State's 
     matching funds to provide high-quality prekindergarten 
     programs, in accordance with section 10307(d), with open 
     enrollment for all children in the State who--
       (i) are described insection 10302(10)(A);and
       (ii) are from families with incomes at or below 200 percent 
     of the poverty line;
       (B) develop or enhance a system for monitoring eligible 
     local entities that are receiving funds under this subpart 
     for compliance with quality standards developed by the State 
     and to provide program improvement support, which may be 
     accomplished through the use of a State-developed system for 
     quality rating and improvement;
       (C) if applicable, expand participation in the State's 
     high-quality prekindergarten programs to children from 
     families with incomes above 200 percent of the poverty line;
       (D) carry out the State's comprehensive early learning 
     assessment system, or how the State plans to develop such a 
     system, ensuring that any assessments are culturally, 
     developmentally, and age-appropriate and consistent with the 
     recommendations from the study on Developmental Outcomes and 
     Assessments for Young Children by the National Academy of 
     Sciences, consistent with section 649(j) of the Head Start 
     Act (42 U.S.C. 9844);
       (E) develop, implement, and make publicly available the 
     performance measures and targets described in section 10309;
       (F) increase the number of teachers with bachelor's degrees 
     in early childhood education, or with bachelor's degrees in 
     another closely related field and specialized training and 
     demonstrated competency in early childhood education, 
     including how institutions of higher education will support 
     increasing the number of teachers with such degrees and 
     training, including through the use of assessments of prior 
     learning, knowledge, and skills to facilitate and expedite 
     attainment of such degrees;
       (G) coordinate and integrate the activities funded under 
     this subpart with Federal, State, and local services and 
     programs that support early childhood education and care, 
     including programs supported under this subpart, the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6301 et seq.), the Individuals with Disabilities Education 
     Act (20 U.S.C. 1400 et seq.), the Head Start Act (42 U.S.C. 
     9831 et seq.), the Community Services Block Grant Act (42 
     U.S.C. 9901 et seq.), the Child Care and Development Block 
     Grant Act of 1990 (42 U.S.C. 9858 et seq.), the temporary 
     assistance for needy families program under part A of title 
     IV of the Social Security Act (42 U.S.C. 601 et seq.), the 
     Race to the Top program under section 14006 of division A of 
     the American Recovery and Reinvestment Act of 2009 (Public 
     Law 111-5), federally funded early literacy programs, the 
     maternal, infant, and early childhood home visiting programs 
     funded under section 511 of the Social Security Act (42 
     U.S.C. 711), health improvements to child care funded under 
     title XIX of the Social Security Act (42 U.S.C. 1396 et 
     seq.), the program under subtitle B of title VII of the 
     McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et 
     seq.), the innovation fund program under section 14007 of the 
     American Recovery and Reinvestment Act of 2009 (Public Law 
     111-5), programs authorized under part E of title IV of the 
     Social Security Act (42 U.S.C. 670 et seq.), the Fostering 
     Connections to Success and Increasing Adoptions Act of 2008 
     (Public Law 110-351), grants for infant and toddler care 
     through Early Head Start-Child Care Partnerships funded under 
     the heading ``children and families services programs'' under 
     the heading administration for children and families in title 
     II of division H of the Department of Health and Human 
     Services Appropriations Act, 2014 (Public Law 113-76; 128 
     Stat. 377-378), the preschool development grants program 
     funded

[[Page S4867]]

     under the heading ``innovation and improvement'' in title III 
     of division G of the Department of Education Appropriations 
     Act, 2015 (Public Law 113-235; 128 Stat. 2496), and any other 
     Federal, State, or local early childhood education programs 
     used in the State;
       (H) award subgrants to eligible local entities, and in 
     awarding such subgrants, facilitate a delivery system of 
     high-quality prekindergarten programs that includes diverse 
     providers, such as providers in community-based, public 
     school, and private settings, and consider the system's 
     impact on options for families;
       (I) in the case of a State that does not have a State-
     determined funding mechanism for prekindergarten, use 
     objective criteria in awarding subgrants to eligible local 
     entities that will implement high-quality prekindergarten 
     programs, including actions the State will take to ensure 
     that eligible local entities will coordinate with local 
     educational agencies or other early learning providers, as 
     appropriate, to carry out activities to provide children 
     served under this subpart with a successful transition from 
     preschool into kindergarten, which activities shall include--
       (i) aligning curricular objectives and instruction;
       (ii) providing staff professional development, including 
     opportunities for joint-professional development on early 
     learning and kindergarten through grade 3 standards, 
     assessments, and curricula;
       (iii) coordinating family engagement and support services; 
     and
       (iv) encouraging the shared use of facilities and 
     transportation, as appropriate;
       (J) use the State early learning and development standards 
     described in section 10305(1) to address the needs of dual 
     language learners, including by incorporating benchmarks 
     related to English language development;
       (K) identify barriers, and propose solutions to overcome 
     such barriers, which may include seeking assistance under 
     section 10316, in the State to effectively use and integrate 
     Federal, State, and local public funds and private funds for 
     early childhood education that are available to the State on 
     the date on which the application is submitted;
       (L) support articulation agreements (as defined in section 
     486A of the Higher Education Act of 1965 (20 U.S.C. 1093a)) 
     between public 2-year and public 4-year institutions of 
     higher education and other credit-bearing professional 
     development in the State for early childhood teacher 
     preparation programs and closely related fields;
       (M) ensure that the higher education programs in the State 
     have the capacity to prepare a workforce to provide high-
     quality prekindergarten programs;
       (N) support workforce development, including State and 
     local policies that support prekindergarten instructional 
     staff's ability to earn a degree, certification, or other 
     specializations or qualifications, including policies on 
     leave, substitutes, and child care services, including non-
     traditional hour child care;
       (O) hold eligible local entities accountable for use of 
     funds;
       (P) ensure that the State's early learning and development 
     standards are integrated into the instructional and 
     programmatic practices of high-quality prekindergarten 
     programs and related programs and services, such as those 
     provided to children under section 619 and part C of the 
     Individuals with Disabilities Education Act (20 U.S.C. 1419 
     and 1431 et seq.);
       (Q) increase the number of children in the State who are 
     enrolled in high-quality kindergarten programs and carry out 
     a strategy to implement such a plan;
       (R) coordinate the State's activities supported by grants 
     under this subpart with activities in State plans required 
     under the Elementary and Secondary Education Act of 1965 (20 
     U.S.C. 6301 et seq.), the Individuals with Disabilities 
     Education Act (20 U.S.C. 1400 et seq.), the Head Start Act 
     (42 U.S.C. 9831 et seq.), the Child Care and Development 
     Block Grant Act of 1990 (42 U.S.C. 9858 et seq.), and the 
     Adult Education and Family Literacy Act (29 U.S.C. 3271 et 
     seq.);
       (S) encourage eligible local entities to coordinate with 
     community-based learning resources, such as libraries, arts 
     and arts education programs, appropriate media programs, 
     family literacy programs, public parks and recreation 
     programs, museums, nutrition education programs, and programs 
     supported by the Corporation for National and Community 
     Service;
       (T) work with eligible local entities, in consultation with 
     elementary school principals, to ensure that high-quality 
     prekindergarten programs have sufficient and appropriate 
     facilities to meet the needs of children eligible for 
     prekindergarten;
       (U) support local early childhood coordinating entities, 
     such as local early childhood councils, if applicable, and 
     help such entities to coordinate early childhood education 
     programs with high-quality prekindergarten programs to ensure 
     effective and efficient delivery of early childhood education 
     program services;
       (V) support shared services administering entities, if 
     applicable;
       (W) ensure that the provision of high-quality 
     prekindergarten programs will not lead to a diminution in the 
     quality or supply of services for infants and toddlers or 
     disrupt the care of infants and toddlers in the geographic 
     area served by the eligible local entity, which may include 
     demonstrating that the State will direct funds to provide 
     high-quality early childhood education and care to infants 
     and toddlers in accordance with section 10307(d); and
       (X) encourage or promote socioeconomic, racial, and ethnic 
     diversity in the classrooms of high-quality prekindergarten 
     programs, as applicable; and
       (3) an inventory of the State's higher education programs 
     that prepare individuals for work in a high-quality 
     prekindergarten program, including--
       (A) certification programs;
       (B) associate degree programs;
       (C) baccalaureate degree programs;
       (D) masters degree programs; and
       (E) other programs that lead to a specialization in early 
     childhood education, or a related field.

     SEC. 10307. STATE USE OF FUNDS.

       (a) Reservation for Quality Improvement Activities.--
       (1) In general.--A State that receives a grant under this 
     subpart may reserve, for not more than the first 4 years such 
     State receives such a grant, not more than 20 percent of the 
     grant funds for quality improvement activities that support 
     the elements of high-quality prekindergarten programs. Such 
     quality improvement activities may include supporting 
     teachers, center directors, and principals in a State's high-
     quality prekindergarten program, licensed or regulated child 
     care, or Head Start programs to enable such teachers, 
     principals, or directors to earn a baccalaureate degree in 
     early childhood education, or a closely related field, 
     through activities which may include--
       (A) expanding or establishing scholarships, counseling, and 
     compensation initiatives to cover the cost of tuition, fees, 
     materials, transportation, and release time for such 
     teachers;
       (B) providing ongoing professional development 
     opportunities, including regular in-classroom observation by 
     individuals trained in such observation, for such teachers, 
     directors, principals, and teachers assistants to enable such 
     teachers, directors, principals, and teachers assistants to 
     carry out the elements of high-quality prekindergarten 
     programs, which may include activities that address--
       (i) promoting children's development across all of the 
     essential domains of early learning and development;
       (ii) developmentally appropriate curricula and teacher-
     child interaction;
       (iii) effective family engagement;
       (iv) providing culturally competent instruction;
       (v) working with a diversity of children and families, 
     including children with disabilities and dual language 
     learners;
       (vi) childhood nutrition and physical education programs;
       (vii) supporting the implementation of evidence-based 
     curricula;
       (viii) social and emotional development; and
       (ix) incorporating age-appropriate strategies of positive 
     behavioral interventions and supports; and
       (C) providing families with increased opportunities to 
     learn how best to support their children's physical, 
     cognitive, social, and emotional development during the first 
     5 years of life.
       (2) Not subject to matching.--The amount reserved under 
     paragraph (1) shall not be subject to the matching 
     requirements under section 10310.
       (3) Coordination.--A State that reserves an amount under 
     paragraph (1) shall coordinate the use of such amount with 
     activities funded under section 658G of the Child Care and 
     Development Block Grant Act of 1990 (42 U.S.C. 9858e) and the 
     Head Start Act (42 U.S.C. 9831 et seq.).
       (4) Construction.--A State may not use funds reserved under 
     this subsection to meet the requirement described in 
     10302(10)(G).
       (b) Subgrants for High-Quality Prekindergarten Programs.--A 
     State that receives a grant under this subpart shall award 
     subgrants of sufficient size to eligible local entities to 
     enable such eligible local entities to implement high-quality 
     prekindergarten programs for children who--
       (1) are described insection 10302(10)(A);
       (2) reside within the State; and
       (3) are from families with incomes at or below 200 percent 
     of the poverty line.
       (c) Administration.--A State that receives a grant under 
     this subpart may reserve not more than 1 percent of the grant 
     funds for administration of the grant, and may use part of 
     that reservation for the maintenance of the State Advisory 
     Council on Early Childhood Education and Care.
       (d) Early Childhood Education and Care Programs for Infants 
     and Toddlers.--
       (1) Use of allotment for infants and toddlers.--An eligible 
     State may apply to use, and the appropriate Secretary may 
     grant permission for the State to use, not more than 15 
     percent of the funds made available through a grant received 
     under this subpart to award subgrants to early childhood 
     education programs to provide, consistent with the State's 
     early learning and development guidelines for infants and 
     toddlers, high-quality early childhood education and care to 
     infants and toddlers who reside within the State and are from 
     families with incomes at or below 200 percent of the poverty 
     line.
       (2) Application.--To be eligible to use the grant funds as 
     described in paragraph (1), the State shall submit an 
     application to the appropriate Secretary at such time, in 
     such manner, and containing such information as the Secretary 
     may require. Such application

[[Page S4868]]

     shall, at a minimum, include a description of how the State 
     will--
       (A) designate a lead agency which shall administer such 
     funds;
       (B) ensure that such lead agency, in coordination with the 
     State's Advisory Council on Early Childhood Education and 
     Care, will collaborate with other agencies in administering 
     programs supported under this subsection for infants and 
     toddlers in order to obtain input about the appropriate use 
     of such funds and ensure coordination with programs for 
     infants and toddlers funded under the Child Care and 
     Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.), 
     the Head Start Act (42 U.S.C. 9831 et seq.) (including any 
     Early Learning Quality Partnerships established in the State 
     under section 645B of the Head Start Act, as added by section 
     202), the Race to the Top program under section 14006 of 
     division A of the American Recovery and Reinvestment Act of 
     2009 (Public Law 111-5), the maternal, infant, and early 
     childhood home visiting programs funded under section 511 of 
     the Social Security Act (42 U.S.C. 711), part C of the 
     Individuals with Disabilities Education Act (20 U.S.C. 1431 
     et seq.), and grants for infant and toddler care through 
     Early Head Start-Child Care Partnerships funded under the 
     heading ``children and families services programs'' under the 
     heading administration for children and families in title II 
     of division H of the Department of Health and Human Services 
     Appropriations Act, 2014 (Public Law 113-76; 128 Stat. 377-
     378);
       (C) ensure that infants and toddlers who benefit from 
     amounts made available under this subsection will transition 
     to and have the opportunity to participate in a high-quality 
     prekindergarten program supported under this subpart;
       (D) in awarding subgrants, give preference to early 
     childhood education programs that have a written formal plan 
     with baseline data, benchmarks, and timetables to increase 
     access to and full participation in high-quality 
     prekindergarten programs for children who need additional 
     support, including children with developmental delays or 
     disabilities, children who are dual language learners, 
     homeless children, children who are in foster care, children 
     of migrant families, children eligible for a free or reduced-
     price lunch under the Richard B. Russell National School 
     Lunch Act (42 U.S.C. 1751 et seq.), or children in the child 
     welfare system; and
       (E) give priority to activities carried out under this 
     subsection that will increase access to high-quality early 
     childhood education programs for infants and toddlers in 
     local areas with significant concentrations of low-income 
     families that do not currently benefit from such programs.
       (3) Eligible providers.--A State may use the grant funds as 
     described in paragraph (1) to serve infants and toddlers only 
     by working with early childhood education program providers 
     that--
       (A) offer full-day, full-year care, or otherwise meet the 
     needs of working families; and
       (B) meet high-quality standards, such as--
       (i) Early Head Start program performance standards under 
     the Head Start Act (42 U.S.C. 9831 et seq.); or
       (ii) high-quality, demonstrated, valid, and reliable 
     program standards that have been established through a 
     national entity that accredits early childhood education 
     programs.
       (4) Federal administration.--
       (A) In general.--The Secretary shall bear responsibility 
     for obligating and disbursing funds to support activities 
     under this subsection and ensuring compliance with applicable 
     laws and administrative requirements, subject to paragraph 
     (3).
       (B) Interagency agreement.--The Secretary of Education and 
     the Secretary of Health and Human Services shall jointly 
     administer activities supported under this subsection on such 
     terms as such Secretaries shall set forth in an interagency 
     agreement. The Secretary of Health and Human Services shall 
     be responsible for any final approval of a State's 
     application under this subsection that addresses the use of 
     funds designated for services to infants and toddlers.
       (C) Appropriate secretary.--In this subsection, the term 
     ``appropriate Secretary'' used with respect to a function, 
     means the Secretary designated for that function under the 
     interagency agreement.

     SEC. 10308. ADDITIONAL PREKINDERGARTEN SERVICES.

       (a) Prekindergarten for 3-Year-Olds.--Each State that 
     certifies to the Secretary that the State provides 
     universally available, voluntary, high-quality 
     prekindergarten programs for 4-year-old children who reside 
     within the State and are from families with incomes at or 
     below 200 percent of the poverty line may use the State's 
     allocation under section 10304(b) to provide high-quality 
     prekindergarten programs for 3-year-old children who reside 
     within the State and are from families with incomes at or 
     below 200 percent of the poverty line.
       (b) Subgrants.--In each State that has a city, county, or 
     local educational agency that provides universally available 
     high-quality prekindergarten programs for 4-year-old children 
     who reside within the State and are from families with 
     incomes at or below 200 percent of the poverty line the State 
     may use amounts from the State's allocation under section 
     10304(b) to award subgrants to eligible local entities to 
     enable such eligible local entities to provide high-quality 
     prekindergarten programs for 3-year-old children who are from 
     families with incomes at or below 200 percent of the poverty 
     line and who reside in such city, county, or local 
     educational agency.

     SEC. 10309. PERFORMANCE MEASURES AND TARGETS.

       (a) In General.--A State that receives a grant under this 
     subpart shall develop, implement, and make publicly available 
     the performance measures and targets for the activities 
     carried out with grant funds. Such measures shall, at a 
     minimum, track the State's progress in--
       (1) increasing school readiness across all domains for all 
     categories of children, as described in section 10313(b)(7), 
     including children with disabilities and dual language 
     learners;
       (2) narrowing school readiness gaps between minority and 
     nonminority children, and low-income children and more 
     advantaged children, in preparation for kindergarten entry;
       (3) decreasing the number of years that children receive 
     special education and related services as described in part B 
     of the Individuals with Disabilities Education Act (20 U.S.C. 
     1411 et seq.);
       (4) increasing the number of programs meeting the criteria 
     for high-quality prekindergarten programs across all types of 
     local eligible entities, as defined by the State and in 
     accordance with section 10302;
       (5) decreasing the need for grade-to-grade retention in 
     elementary school;
       (6) if applicable, ensuring that high-quality 
     prekindergarten programs do not experience instances of 
     chronic absence among the children who participate in such 
     programs;
       (7) increasing the number and percentage of low-income 
     children in high-quality early childhood education programs 
     that receive financial support through funds provided under 
     this subpart; and
       (8) providing high-quality nutrition services, nutrition 
     education, physical activity, and obesity prevention 
     programs.
       (b) Prohibition of Misdiagnosis Practices.--A State shall 
     not, in order to meet the performance measures and targets 
     described in subsection (a), engage in practices or policies 
     that will lead to the misdiagnosis or under-diagnosis of 
     disabilities or developmental delays among children who are 
     served through programs supported under this subpart.

     SEC. 10310. MATCHING REQUIREMENTS.

       (a) Matching Funds.--
       (1) In general.--Except as provided in paragraph (2), a 
     State that receives a grant under this subpart shall provide 
     matching funds from non-Federal sources, as described in 
     subsection (c), in an amount equal to--
       (A) 10 percent of the Federal funds provided under the 
     grant in the first year of grant administration;
       (B) 10 percent of the Federal funds provided under the 
     grant in the second year of grant administration;
       (C) 20 percent of the Federal funds provided under the 
     grant in the third year of grant administration;
       (D) 30 percent of the Federal funds provided under the 
     grant in the fourth year of grant administration; and
       (E) 40 percent of the Federal funds provided under the 
     grant in the fifth year of grant administration.
       (2) Reduced match rate.--A State that meets the 
     requirements under subsection (b) may provide matching funds 
     from non-Federal sources at a reduced rate. The full reduced 
     matching funds rate shall be in an amount equal to--
       (A) 5 percent of the Federal funds provided under the grant 
     in the first year of grant administration;
       (B) 5 percent of the Federal funds provided under the grant 
     in the second year of grant administration;
       (C) 10 percent of the Federal funds provided under the 
     grant in the third year of grant administration;
       (D) 20 percent of the Federal funds provided under the 
     grant in the fourth year of grant administration; and
       (E) 30 percent of the Federal funds provided under the 
     grant in the fifth year of grant administration.
       (b) Reduced Match Rate Eligibility.--A State that receives 
     a grant under this subpart may provide matching funds from 
     non-Federal sources at the full reduced rate under subsection 
     (a)(2) if the State, across all publicly funded programs 
     (including locally funded programs)--
       (1)(A) offers enrollment in high-quality prekindergarten 
     programs to not less than half of children in the State who 
     are--
       (i) age 4 on the eligibility determination date; and
       (ii) from families with incomes at or below 200 percent of 
     the poverty line; and
       (B) has a plan for continuing to expand access to high-
     quality prekindergarten programs for such children in the 
     State; and
       (2) has a plan to expand access to high-quality 
     prekindergarten programs to children from moderate income 
     families whose income exceeds 200 percent of the poverty 
     line.
       (c) Non-Federal Resources.--
       (1) In cash.--A State shall provide the matching funds 
     under this section in cash with non-Federal resources which 
     may include State funding, local funding, or contributions 
     from philanthropy or other private sources, or a combination 
     thereof.
       (2) Funds to be considered as matching funds.--A State may 
     include, as part of the State's matching funds under this 
     section,

[[Page S4869]]

     not more than 10 percent of the amount of State or local 
     funds designated for State or local prekindergarten programs 
     or to supplement Head Start programs under the Head Start Act 
     (42 U.S.C. 9831 et seq.) as of the date of enactment of this 
     Act, but may not include any funds that are attributed as 
     matching funds, as part of a non-Federal share, or as a 
     maintenance of effort requirement, for any other Federal 
     program.
       (d) Maintenance of Effort.--
       (1) In general.--If a State reduces its combined fiscal 
     effort per student or the aggregate expenditures within the 
     State to support early childhood education programs for any 
     fiscal year that a State receives a grant authorized under 
     this subpart relative to the previous fiscal year, the 
     Secretary shall reduce support for such State under this 
     subpart by the same amount as the decline in State effort for 
     such fiscal year.
       (2) Waiver.--The Secretary may waive the requirements of 
     paragraph (1) if--
       (A) the Secretary determines that a waiver would be 
     appropriate due to a precipitous decline in the financial 
     resources of a State as a result of unforeseen economic 
     hardship or a natural disaster that has necessitated across-
     the-board reductions in State services, including early 
     childhood education programs; or
       (B) due to the circumstances of a State requiring 
     reductions in specific programs, including early childhood 
     education, if the State presents to the Secretary a 
     justification and demonstration why other programs could not 
     be reduced and how early childhood programs in the State will 
     not be disproportionately harmed by such State action.
       (e) Supplement Not Supplant.--Grant funds received under 
     this subpart shall be used to supplement and not supplant 
     other Federal, State, and local public funds expended on 
     public prekindergarten programs in the State.

     SEC. 10311. ELIGIBLE LOCAL ENTITY APPLICATIONS.

       (a) In General.--An eligible local entity desiring to 
     receive a subgrant under section 10307(b) shall submit an 
     application to the State, at such time, in such manner, and 
     containing such information as the State may reasonably 
     require.
       (b) Contents.--Each application submitted under subsection 
     (a) shall include the following:
       (1) Parent and family engagement.--A description of how the 
     eligible local entity plans to engage the parents and 
     families of the children such entity serves and ensure that 
     parents and families of eligible children, as described in 
     clauses (i) and (ii) of section 10306(2)(A), are aware of the 
     services provided by the eligible local entity, which shall 
     include a plan to--
       (A) carry out meaningful parent and family engagement, 
     through the implementation and replication of evidence-based 
     or promising practices and strategies, which shall be 
     coordinated with parent and family engagement strategies 
     supported under the Individuals with Disabilities Education 
     Act (20 U.S.C. 1400 et seq.), part A of title I and title V 
     of the Elementary and Secondary Education Act of 1965 (20 
     U.S.C. 6311 et seq.; 7201 et seq.), and strategies in the 
     Head Start Parent, Family, and Community Engagement 
     Framework, if applicable, to--
       (i) provide parents and family members with the skills and 
     opportunities necessary to become engaged and effective 
     partners in their children's education, particularly the 
     families of dual language learners and children with 
     disabilities, which may include access to family literacy 
     services;
       (ii) improve child development; and
       (iii) strengthen relationships among prekindergarten staff 
     and parents and family members; and
       (B) participate in community outreach to encourage families 
     with eligible children to participate in the eligible local 
     entity's high-quality prekindergarten program, including--
       (i) homeless children;
       (ii) dual language learners;
       (iii) children in foster care;
       (iv) children with disabilities; and
       (v) migrant children.
       (2) Coordination and alignment.--A description of how the 
     eligible local entity will--
       (A) coordinate, if applicable, the eligible local entity's 
     activities with--
       (i) Head Start agencies (consistent with section 642(e)(5) 
     of the Head Start Act (42 U.S.C. 9837(e)(5))), if the local 
     entity is not a Head Start agency;
       (ii) local educational agencies, if the eligible local 
     entity is not a local educational agency;
       (iii) providers of services under part C of the Individuals 
     with Disabilities Education Act (20 U.S.C. 1431 et seq.);
       (iv) programs carried out under section 619 of the 
     Individuals with Disabilities Education Act (20 U.S.C. 1419); 
     and
       (v) if feasible, other entities carrying out early 
     childhood education programs and services within the area 
     served by the local educational agency;
       (B) develop a process to promote continuity of 
     developmentally appropriate instructional programs and shared 
     expectations with local elementary schools for children's 
     learning and development as children transition to 
     kindergarten;
       (C) organize, if feasible, and participate in joint 
     training, when available, including transition-related 
     training for school staff and early childhood education 
     program staff;
       (D) establish comprehensive transition policies and 
     procedures, with applicable elementary schools and 
     principals, for the children served by the eligible local 
     entity that support the school readiness of children 
     transitioning to kindergarten, including the transfer of 
     early childhood education program records, with parental 
     consent;
       (E) conduct outreach to parents, families, and elementary 
     school teachers and principals to discuss the educational, 
     developmental, and other needs of children entering 
     kindergarten;
       (F) help parents, including parents of children who are 
     dual language learners, understand and engage with the 
     instructional and other services provided by the kindergarten 
     in which such child will enroll after participation in a 
     high-quality prekindergarten program; and
       (G) develop and implement a system to increase program 
     participation of underserved populations of eligible 
     children, especially homeless children, children eligible for 
     a free or reduced-price lunch under the Richard B. Russell 
     National School Lunch Act (42 U.S.C. 1751 et seq.), parents 
     of children who are dual language learners, and parents of 
     children with disabilities.
       (3) Full participation of all children.--A description of 
     how the eligible local entity will meet the diverse needs of 
     children in the community to be served, including children 
     with disabilities, dual language learners, children who need 
     additional support, children in the State foster care system, 
     and homeless children. Such description shall demonstrate, at 
     a minimum, how the entity plans to--
       (A) ensure the eligible local entity's high-quality 
     prekindergarten program is accessible and appropriate for 
     children with disabilities and dual language learners;
       (B) establish effective procedures for ensuring use of 
     evidence-based practices in assessment and instruction, 
     including use of data for progress monitoring of child 
     performance and provision of technical assistance support for 
     staff to ensure fidelity with evidence-based practices;
       (C) establish effective procedures for timely referral of 
     children with disabilities to entities authorized under part 
     B and part C of the Individuals with Disabilities Education 
     Act (20 U.S.C. 1411 et seq.; 1431 et seq.);
       (D) ensure that the eligible local entity's high-quality 
     prekindergarten program works with appropriate entities to 
     address the elimination of barriers to immediate and 
     continuous enrollment for homeless children; and
       (E) ensure access to and continuity of enrollment in high-
     quality prekindergarten programs for migratory children, if 
     applicable, and homeless children, including through policies 
     and procedures that require--
       (i) outreach to identify migratory children and homeless 
     children;
       (ii) immediate enrollment, including enrollment during the 
     period of time when documents typically required for 
     enrollment, including health and immunization records, proof 
     of eligibility, and other documents, are obtained;
       (iii) continuous enrollment and participation in the same 
     high-quality prekindergarten program for a child, even if the 
     child moves out of the program's service area, if that 
     enrollment and participation are in the child's best 
     interest, including by providing transportation when 
     necessary;
       (iv) professional development for high-quality 
     prekindergarten program staff regarding migratory children 
     and homelessness among families with young children; and
       (v) in serving homeless children, collaboration with local 
     educational agency liaisons designated under section 
     722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance 
     Act (42 U.S.C. 11432(g)(1)(J)(ii)), and local homeless 
     service providers.
       (4) Accessible comprehensive services.--A description of 
     how the eligible local entity plans to provide accessible 
     comprehensive services, described in section 10302(10)(I), to 
     the children the eligible local entity serves. Such 
     description shall provide information on how the entity 
     will--
       (A) conduct a data-driven community assessment in 
     coordination with members of the community, including parents 
     and community organizations, or use a recently conducted 
     data-driven assessment, which--
       (i) may involve an external partner with expertise in 
     conducting such needs analysis, to determine the most 
     appropriate social or other support services to offer through 
     the eligible local entity's on-site comprehensive services to 
     children who participate in high-quality prekindergarten 
     programs; and
       (ii) shall consider the resources available at the school, 
     local educational agency, and community levels to address the 
     needs of the community and improve child outcomes; and
       (B) have a coordinated system to facilitate the screening, 
     referral, and provision of services related to health, 
     nutrition, mental health, disability, and family support for 
     children served by the eligible local entity.
       (5) Workforce.--A description of how the eligible local 
     entity plans to support the instructional staff of such 
     entity's high-quality prekindergarten program, which shall, 
     at a minimum, include a plan to provide high-quality 
     professional development, or facilitate the provision of 
     high-quality professional development through an external 
     partner with expertise and a demonstrated

[[Page S4870]]

     track record of success, based on scientifically valid 
     research, that will improve the knowledge and skills of high-
     quality prekindergarten teachers and staff through 
     activities, which may include--
       (A) acquiring content knowledge and learning teaching 
     strategies needed to provide effective instruction that 
     addresses the State's early learning and development 
     standards described under section 10305(1), including 
     professional training to support the social and emotional 
     development of children;
       (B) enabling high-quality prekindergarten teachers and 
     staff to pursue specialized training in early childhood 
     development;
       (C) enabling high-quality prekindergarten teachers and 
     staff to acquire the knowledge and skills to provide 
     instruction and appropriate language and support services to 
     increase the English language skills of dual language 
     learners;
       (D) enabling high-quality prekindergarten teachers and 
     staff to acquire the knowledge and skills to provide 
     developmentally appropriate instruction for children with 
     disabilities;
       (E) promoting classroom management;
       (F) providing high-quality induction and support for 
     incoming high-quality prekindergarten teachers and staff in 
     high-quality prekindergarten programs, including through the 
     use of mentoring programs and coaching that have a 
     demonstrated track record of success;
       (G) promoting the acquisition of relevant credentials, 
     including in ways that support career advancement through 
     career ladders; and
       (H) enabling high-quality prekindergarten teachers and 
     staff to acquire the knowledge and skills to provide 
     culturally competent instruction for children from diverse 
     backgrounds.

     SEC. 10312. REQUIRED SUBGRANT ACTIVITIES.

       (a) In General.--An eligible local entity that receives a 
     subgrant under section 10307(b) shall use subgrant funds to 
     implement the elements of a high-quality prekindergarten 
     program for the children described in section 10307(b).
       (b) Coordination.--
       (1) Local educational agency partnerships with local early 
     childhood education programs.--A local educational agency 
     that receives a subgrant under this subpart shall provide an 
     assurance that the local educational agency will enter into 
     strong partnerships with local early childhood education 
     programs, including programs supported through the Head Start 
     Act (42 U.S.C. 9831 et seq.).
       (2) Eligible local entities that are not local educational 
     agencies.--An eligible local entity that is not a local 
     educational agency that receives a subgrant under this 
     subpart shall provide an assurance that such entity will 
     enter into strong partnerships with local educational 
     agencies.

     SEC. 10313. REPORT AND EVALUATION.

       (a) In General.--Each State that receives a grant under 
     this subpart shall prepare an annual report, in such manner 
     and containing such information as the Secretary may 
     reasonably require.
       (b) Contents.--A report prepared under subsection (a) shall 
     contain, at a minimum--
       (1) a description of the manner in which the State has used 
     the funds made available through the grant and a report of 
     the expenditures made with the funds;
       (2) a summary of the State's progress toward providing 
     access to high-quality prekindergarten programs for children 
     eligible for such services, as determined by the State, from 
     families with incomes at or below 200 percent of the poverty 
     line, including the percentage of funds spent on children 
     from families with incomes--
       (A) at or below 100 percent of the poverty line;
       (B) at or below between 101 and 150 percent of the poverty 
     line; and
       (C) at or below between 151 and 200 percent of the poverty 
     line;
       (3) an evaluation of the State's progress toward achieving 
     the State's performance targets, described in section 10309;
       (4) data on the number of high-quality prekindergarten 
     program teachers and staff in the State (including teacher 
     turnover rates and teacher compensation levels compared to 
     teachers in elementary schools and secondary schools), 
     according to the setting in which such teachers and staff 
     work (which settings shall include, at a minimum, Head Start 
     programs, public prekindergarten, and child care programs) 
     who received training or education during the period of the 
     grant and remained in the early childhood education program 
     field;
       (5) data on the kindergarten readiness of children in the 
     State;
       (6) a description of the State's progress in effectively 
     using Federal, State, and local public funds and private 
     funds, for early childhood education;
       (7) the number and percentage of children in the State 
     participating in high-quality prekindergarten programs, 
     disaggregated by race, ethnicity, family income, child age, 
     disability, whether the children are homeless children, and 
     whether the children are dual language learners;
       (8) data on the availability, affordability, and quality of 
     infant and toddler care in the State;
       (9) the number of operational minutes per week and per year 
     for each eligible local entity that receives a subgrant;
       (10) the local educational agency and zip code in which 
     each eligible local entity that receives a subgrant operates;
       (11) information, for each of the local educational 
     agencies described in paragraph (10), on the percentage of 
     the costs of the public early childhood education programs 
     that is funded from Federal, from State, and from local 
     sources, including the percentages from specific funding 
     programs;
       (12) data on the number and percentage of children in the 
     State participating in public kindergarten programs, 
     disaggregated by race, family income, child age, disability, 
     whether the children are homeless children, and whether the 
     children are dual language learners, with information on 
     whether such programs are offered--
       (A) for a full day; and
       (B) at no cost to families;
       (13) data on the number of individuals in the State who are 
     supported with scholarships, if applicable, to meet the 
     bachelor's degree requirement for high-quality 
     prekindergarten programs, as defined in section 10302; and
       (14) information on--
       (A) the rates of expulsion, suspension, and similar 
     disciplinary action, of children in the State participating 
     in high-quality prekindergarten programs, disaggregated by 
     race, ethnicity, family income, child age, and disability;
       (B) the State's progress in establishing policies on 
     effective behavior management strategies and training that 
     promote positive social and emotional development to 
     eliminate expulsions and suspensions of children 
     participating in high-quality prekindergarten programs; and
       (C) the State's policies on providing early learning 
     services to children in the State participating in high-
     quality prekindergarten programs who have been suspended.
       (c) Submission.--A State shall submit the annual report 
     prepared under subsection (a), at the end of each fiscal 
     year, to the Secretary, the Secretary of Health and Human 
     Services, and the State Advisory Council on Early Childhood 
     Education and Care.
       (d) Cooperation.--An eligible local entity that receives a 
     subgrant under this subpart shall cooperate with all Federal 
     and State efforts to evaluate the effectiveness of the 
     program the entity implements with subgrant funds.
       (e) National Report.--The Secretary shall compile and 
     summarize the annual State reports described under subsection 
     (c) and shall prepare and submit an annual report to Congress 
     that includes a summary of such State reports.

     SEC. 10314. PROHIBITION OF REQUIRED PARTICIPATION OR USE OF 
                   FUNDS FOR ASSESSMENTS.

       (a) Prohibition on Required Participation.--A State 
     receiving a grant under this subpart shall not require any 
     child to participate in any Federal, State, local, or private 
     early childhood education program, including a high-quality 
     prekindergarten program.
       (b) Prohibition on Use of Funds for Assessment.--A State 
     receiving a grant under this subpart and an eligible local 
     entity receiving a subgrant under this subpart shall not use 
     any grant or subgrant funds to carry out any of the following 
     activities:
       (1) An assessment that provides rewards or sanctions for 
     individual children, teachers, or principals.
       (2) An assessment that is used as the primary or sole 
     method for assessing program effectiveness.
       (3) Evaluating children, other than for the purposes of--
       (A) improving instruction or the classroom environment;
       (B) targeting professional development;
       (C) determining the need for health, mental health, 
     disability, or family support services;
       (D) program evaluation for the purposes of program 
     improvement and parent information; and
       (E) improving parent and family engagement.

     SEC. 10315. COORDINATION WITH HEAD START PROGRAMS.

       (a) Increased Access for Younger Children.--Not later than 
     1 year after the date of enactment of this Act, the Secretary 
     and the Secretary of Health and Human Services shall develop 
     a process--
       (1) for use in the event that Head Start programs funded 
     under the Head Start Act (42 U.S.C. 9831 et seq.) operate in 
     States or regions that have achieved sustained universal, 
     voluntary access to 4-year-old children who reside within the 
     State and who are from families with incomes at or below 200 
     percent of the poverty line to high-quality prekindergarten 
     programs; and
       (2) for how such Head Start programs will begin converting 
     slots for children who are age 4 on the eligibility 
     determination date to children who are age 3 on the 
     eligibility determination date, or, when appropriate, 
     converting Head Start programs into Early Head Start programs 
     to serve infants and toddlers.
       (b) Community Need and Resources.--The process described in 
     subsection (a) shall--
       (1) be carried out on a case-by-case basis and shall ensure 
     that sufficient resources and time are allocated for the 
     development of such a process so that no child or cohort is 
     excluded from currently available services; and
       (2) ensure that any conversion shall be based on community 
     need and not on the aggregate number of children served in a 
     State or region that has achieved sustained, universal, 
     voluntary access to high-quality prekindergarten programs.

[[Page S4871]]

       (c) Public Comment and Notice.--Not fewer than 90 days 
     after the development of the proposed process described in 
     subsection (a), the Secretary and the Secretary of Health and 
     Human Services shall publish a notice describing such 
     proposed process for conversion in the Federal Register 
     providing at least 90 days for public comment. The 
     Secretaries shall review and consider public comments prior 
     to finalizing the process for conversion of Head Start slots 
     and programs.
       (d) Reports to Congress.--Concurrently with publishing a 
     notice in the Federal Register as described in subsection 
     (c), the Secretaries shall provide a report to the Committee 
     on Education and the Workforce of the House of 
     Representatives and the Committee on Health, Education, 
     Labor, and Pensions of the Senate that provides a detailed 
     description of the proposed process described in subsection 
     (a), including a description of the degree to which Head 
     Start programs are providing State-funded high-quality 
     prekindergarten programs as a result of the grant opportunity 
     provided under this subpart in States where Head Start 
     programs are eligible for conversion described in subsection 
     (a).

     SEC. 10316. TECHNICAL ASSISTANCE IN PROGRAM ADMINISTRATION.

       In providing technical assistance to carry out activities 
     under this subpart, the Secretary shall coordinate that 
     technical assistance, in appropriate cases, with technical 
     assistance provided by the Secretary of Health and Human 
     Services to carry out the programs authorized under the Head 
     Start Act (42 U.S.C. 9831 et seq.), the Child Care and 
     Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.), 
     and the maternal, infant and early childhood home visiting 
     programs assisted under section 511 of the Social Security 
     Act (42 U.S.C. 711).

     SEC. 10317. AUTHORIZATION OF APPROPRIATIONS.

       To carry out this subpart, there are authorized to be 
     appropriated, and there are appropriated--
       (1) $1,300,000,000 for fiscal year 2016;
       (2) $3,250,000,000 for fiscal year 2017;
       (3) $5,780,000,000 for fiscal year 2018;
       (4) $7,580,000,000 for fiscal year 2019; and
       (5) $8,960,000,000 for fiscal year 2020.

             Subpart B--Prekindergarten Development Grants

     SEC. 10321. PREKINDERGARTEN DEVELOPMENT GRANTS.

       (a) In General.--The Secretary of Education, in 
     consultation with the Secretary of Health and Human Services, 
     shall award competitive grants to States that wish to 
     increase their capacity and build the infrastructure within 
     the State to offer high-quality prekindergarten programs.
       (b) Eligibility of States.--A State that is not receiving 
     funds under subpart A may compete for grant funds under this 
     section if the State provides an assurance that the State 
     will, through the support of grant funds awarded under this 
     section, meet the eligibility requirements of section 10305 
     not later than 3 years after the date the State first 
     receives grant funds under this section.
       (c) Grant Duration.--The Secretary shall award grants under 
     this section for a period of not more than 3 years. Such 
     grants shall not be renewed.
       (d) Application.--
       (1) In general.--A Governor, or chief executive officer of 
     a State that desires to receive a grant under this section 
     shall submit an application to the Secretary of Education at 
     such time, in such manner, and accompanied by such 
     information as the Secretary of Education may reasonably 
     require, including, if applicable, a description of how the 
     State plans to become eligible for grants under section 10305 
     by not later than 3 years after the date the State first 
     receives grant funds under this section.
       (2) Development of state application.--In developing an 
     application for a grant under this section, a State shall 
     consult with the State Advisory Council on Early Childhood 
     Education and Care and incorporate the Council's 
     recommendations, where applicable.
       (e) Matching Requirement.--
       (1) In general.--To be eligible to receive a grant under 
     this section, a State shall contribute for the activities for 
     which the grant was awarded non-Federal matching funds in an 
     amount equal to not less than 20 percent of the amount of the 
     grant.
       (2) Non-federal funds.--To satisfy the requirement of 
     paragraph (1), a State may use--
       (A) non-Federal resources in the form of State funding, 
     local funding, or contributions from philanthropy or other 
     private sources, or a combination of such resources; or
       (B) in-kind contributions.
       (3) Financial hardship waiver.--The Secretary may waive the 
     requirement under paragraph (1) or reduce the amount of 
     matching funds required under that paragraph for a State that 
     has submitted an application for a grant under this 
     subsection if the State demonstrates, in the application, a 
     need for such a waiver or reduction due to extreme financial 
     hardship, as determined by the Secretary.
       (f) Subgrants.--
       (1) In general.--A State awarded a grant under this section 
     may use the grant funds to award subgrants to eligible local 
     entities, as defined in section 10302, to carry out the 
     activities under the grant.
       (2) Subgrantees.--An eligible local entity awarded a 
     subgrant under paragraph (1) shall comply with the 
     requirements of this section relating to grantees, as 
     appropriate.
       (g) Authorization of Appropriations.--To carry out this 
     section, there are authorized to be appropriated, and there 
     are appropriated, $750,000,000 for each of fiscal years 2016 
     through 2020.

             Subpart C--Early Learning Quality Partnerships

     SEC. 10331. PURPOSES.

       The purposes of this part are to--
       (1) increase the availability of, and access to, high-
     quality early childhood education and care programming for 
     infants and toddlers;
       (2) support a higher quality of, and increase capacity for, 
     such programming in both child care centers and family child 
     care homes;
       (3) encourage the provision of comprehensive, coordinated 
     full-day services and supports for infants and toddlers; and
       (4) increase access to appropriate supports so children 
     with disabilities and other children who need specialized 
     supports can fully participate in high-quality early 
     education programs.

     SEC. 10332. EARLY LEARNING QUALITY PARTNERSHIPS.

       The Head Start Act is amended--
       (1) by amending section 645A(e) (42 U.S.C. 9840a(e)) to 
     read as follows:
       ``(e) Selection of Grant Recipients.--The Secretary shall 
     award grants under this section on a competitive basis to 
     applicants meeting the criteria in subsection (d) (giving 
     priority to entities with a record of providing early, 
     continuous, and comprehensive childhood development and 
     family services and entities that agree to partner with a 
     center-based or family child care provider to carry out the 
     activities described in section 645B).''; and
       (2) by inserting after section 645A the following:

     ``SEC. 645B. EARLY LEARNING QUALITY PARTNERSHIPS.

       ``(a) In General.--The Secretary shall make grants to Early 
     Head Start agencies to enable the Early Head Start agencies 
     to form early learning quality partnerships by partnering 
     with center-based or family child care providers, 
     particularly those that receive support under the Child Care 
     and Development Block Grant of 1990 (42 U.S.C. 9858 et seq.), 
     that agree to meet the program performance standards 
     described in section 641A(a)(1) and Early Head Start 
     standards described in section 645A that are applicable to 
     the ages of children served with funding and technical 
     assistance from the Early Head Start agency.
       ``(b) Selection of Grant Recipients.--
       ``(1) In general.--Except as provided in paragraphs (2) and 
     (3), the Secretary shall award grants under this section in a 
     manner consistent with section 645A(e).
       ``(2) Competitive priority.--In awarding grants under this 
     section, the Secretary shall give priority to applicants--
       ``(A) that propose to create strong alignment of programs 
     with maternal, infant, and early childhood home visiting 
     programs assisted under section 511 of the Social Security 
     Act (42 U.S.C. 711), State-funded prekindergarten programs, 
     programs carried out under the Child Care and Development 
     Block Grant Act of 1990 (42 U.S.C. 9858 et seq.), and other 
     programs supported under this Act, to create a strong 
     continuum of high-quality services for children from birth to 
     school entry; and
       ``(B) that seek to work with child care providers across 
     settings, including center-based and home-based programs.
       ``(3) Allocation.--
       ``(A) Reservation.--From funds appropriated to carry out 
     this section, the Secretary shall reserve--
       ``(i) not less than 3 percent of such funds for Indian Head 
     Start programs that serve young children;
       ``(ii) not less than 4.5 percent for migrant and seasonal 
     Head Start programs that serve young children; and
       ``(iii) not less than 0.2 percent for programs funded under 
     clause (iv) or (v) of section 640(a)(2)(B).
       ``(B) Allocation among states.--The Secretary shall 
     allocate funds appropriated to carry out this section and not 
     reserved under subparagraph (A) among the States 
     proportionally based on the number of young children from 
     families whose income is below the poverty line residing in 
     such States.
       ``(c) Eligibility of Children.--Partnerships formed through 
     assistance provided under this section may serve children 
     through age 3, and the standards applied to children in 
     subsection (a) shall be consistent with those applied to 3-
     year-old children under this subchapter.
       ``(d) Partnerships.--An Early Head Start agency that 
     receives a grant under this section shall--
       ``(1) enter into a contractual relationship with a center-
     based or family child care provider to raise the quality of 
     such provider's programs so that the provider meets the 
     program performance standards described in subsection (a) 
     through activities that may include--
       ``(A) expanding the center-based or family child care 
     provider's programs through financial support;
       ``(B) providing training, technical assistance, and support 
     to the provider in order to help the provider meet the 
     program performance standards, which may include supporting 
     program and partner staff in earning

[[Page S4872]]

     a child development associate credential, associate's degree, 
     or baccalaureate degree in early childhood education or a 
     closely related field for working with infants and toddlers; 
     and
       ``(C) blending funds received under the Child Care and 
     Development Block Grant of 1990 (42 U.S.C. 9858 et seq.) and 
     the Early Head Start program carried out under section 645A 
     in order to provide high-quality child care, for a full day, 
     that meets the program performance standards;
       ``(2) develop and implement a proposal to recruit and enter 
     into a contract with a center-based or family child care 
     provider, particularly a provider that serves children who 
     receive assistance under the Child Care and Development Block 
     Grant of 1990 (42 U.S.C. 9858 et seq.);
       ``(3) create a clear and realizable timeline to increase 
     the quality and capacity of a center-based or family child 
     care provider so that the provider meets the program 
     performance standards described in subsection (a); and
       ``(4) align activities and services provided through 
     funding under this section with the Head Start Child Outcomes 
     Framework.
       ``(e) Standards.--Prior to awarding grants under this 
     section, the Secretary shall establish standards to ensure 
     that the responsibility and expectations of the Early Head 
     Start agency and the partner child care providers are clearly 
     defined.
       ``(f) Designation Renewal.--A partner child care provider 
     that receives assistance through a grant provided under this 
     section shall be exempt, for a period of 18 months, from the 
     designation renewal requirements under section 641(c).
       ``(g) Survey of Early Head Start Agencies and Report to 
     Congress.--Within one year of the effective date of this 
     section, the Secretary shall conduct a survey of Early Head 
     Start agencies to determine the extent of barriers to 
     entering into early learning quality partnership agreements 
     under this section on Early Head Start agencies and on child 
     care providers, and submit this information, with suggested 
     steps to overcome such barriers, in a report to the Committee 
     on Education and the Workforce of the House of 
     Representatives and the Committee on Health, Education, 
     Labor, and Pensions of the Senate, including a detailed 
     description of the degree to which Early Head Start agencies 
     are utilizing the funds provided.
       ``(h) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section--
       ``(1) $1,430,376,000 for fiscal year 2016; and
       ``(2) such sums as may be necessary for each of fiscal 
     years 2017 through 2020.''.

    Subpart D--Authorization of Appropriations for the Education of 
                       Children With Disabilities

     SEC. 10341. PRESCHOOL GRANTS.

       Section 619(j) of the Individuals with Disabilities 
     Education Act (20 U.S.C. 1419(j)) is amended to read as 
     follows:
       ``(j) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section 
     $418,000,000 for fiscal year 2016 and such sums as may be 
     necessary for each succeeding fiscal year.''.

     SEC. 10342. INFANTS AND TODDLERS WITH DISABILITIES.

       Section 644 of the Individuals with Disabilities Education 
     Act (20 U.S.C. 1444) is amended to read as follows:

     ``SEC. 644. AUTHORIZATION OF APPROPRIATIONS.

       ``For the purpose of carrying out this part, there are 
     authorized to be appropriated $508,000,000 for fiscal year 
     2016 and such sums as may be necessary for each succeeding 
     fiscal year.''.

 Subpart E--Maternal, Infant, and Early Childhood Home Visiting Program

     SEC. 10351. SENSE OF THE SENATE.

       It is the sense of the Senate that--
       (1) from the prenatal period to the first day of 
     kindergarten, children's development rapidly progresses at a 
     pace exceeding that of any subsequent stage of life;
       (2) as reported by the National Academy of Sciences in 
     2001, striking disparities exist in what children know and 
     can do that are evident well before they enter kindergarten;
       (3) such differences are strongly associated with social 
     and economic circumstances, and they are predictive of 
     subsequent academic performance;
       (4) research has consistently demonstrated that investments 
     in high-quality programs that serve infants and toddlers--
       (A) better positions those children for success in 
     elementary, secondary, and postsecondary education; and
       (B) helps those children develop the critical physical, 
     emotional, social, and cognitive skills that they will need 
     for the rest of their lives;
       (5) in 2011, there were 11,000,000 infants and toddlers 
     living in the United States, and 49 percent of these children 
     came from low-income families with incomes at or below 200 
     percent of the Federal poverty guidelines;
       (6) the Maternal, Infant, and Early Childhood Home Visiting 
     program (referred to as ``MIECHV'') was authorized by 
     Congress to facilitate collaboration and partnership at the 
     Federal, State, and community levels to improve health and 
     development outcomes for at-risk children, including those 
     from low-income families, through evidence-based home 
     visiting programs;
       (7) MIECHV is an evidence-based policy initiative and the 
     program's authorizing legislation requires that at least 75 
     percent of funds dedicated to the program must support 
     programs to implement evidence-based home visiting models, 
     which includes the home-based model of Early Head Start; and
       (8) Congress should continue to provide resources to MIECHV 
     to support the work of States to help at-risk families 
     voluntarily receive home visits from nurses and social 
     workers to--
       (A) promote maternal, infant, and child health;
       (B) improve school readiness and achievement;
       (C) prevent potential child abuse or neglect and injuries;
       (D) support family economic self-sufficiency;
       (E) reduce crime or domestic violence; and
       (F) improve coordination or referrals for community 
     resources and supports.

                  Subpart F--Stop Corporate Inversions

     SEC. 10361. MODIFICATIONS TO RULES RELATING TO INVERTED 
                   CORPORATIONS.

       (a) In General.--Subsection (b) of section 7874 of the 
     Internal Revenue Code of 1986 is amended to read as follows:
       ``(b) Inverted Corporations Treated as Domestic 
     Corporations.--
       ``(1) In general.--Notwithstanding section 7701(a)(4), a 
     foreign corporation shall be treated for purposes of this 
     title as a domestic corporation if--
       ``(A) such corporation would be a surrogate foreign 
     corporation if subsection (a)(2) were applied by substituting 
     `80 percent' for `60 percent', or
       ``(B) such corporation is an inverted domestic corporation.
       ``(2) Inverted domestic corporation.--For purposes of this 
     subsection, a foreign corporation shall be treated as an 
     inverted domestic corporation if, pursuant to a plan (or a 
     series of related transactions)--
       ``(A) the entity completes after July 31, 2015, the direct 
     or indirect acquisition of--
       ``(i) substantially all of the properties held directly or 
     indirectly by a domestic corporation, or
       ``(ii) substantially all of the assets of, or substantially 
     all of the properties constituting a trade or business of, a 
     domestic partnership, and
       ``(B) after the acquisition, more than 50 percent of the 
     stock (by vote or value) of the entity is held--
       ``(i) in the case of an acquisition with respect to a 
     domestic corporation, by former shareholders of the domestic 
     corporation by reason of holding stock in the domestic 
     corporation, or
       ``(ii) in the case of an acquisition with respect to a 
     domestic partnership, by former partners of the domestic 
     partnership by reason of holding a capital or profits 
     interest in the domestic partnership.
       ``(3) Exception for corporations with substantial business 
     activities in foreign country of organization.--A foreign 
     corporation described in paragraph (2) shall not be treated 
     as an inverted domestic corporation if after the acquisition 
     the expanded affiliated group which includes the entity has 
     substantial business activities in the foreign country in 
     which or under the law of which the entity is created or 
     organized when compared to the total business activities of 
     such expanded affiliated group. For purposes of subsection 
     (a)(2)(B)(iii) and the preceding sentence, the term 
     `substantial business activities' shall have the meaning 
     given such term under regulations in effect on May 8, 2014, 
     except that the Secretary may issue regulations increasing 
     the threshold percent in any of the tests under such 
     regulations for determining if business activities constitute 
     substantial business activities for purposes of this 
     paragraph.''.
       (b) Conforming Amendments.--
       (1) Clause (i) of section 7874(a)(2)(B) of such Code is 
     amended by striking ``after March 4, 2003,'' and inserting 
     ``after March 4, 2003, and before August 1, 2015,''.
       (2) Subsection (c) of section 7874 of such Code is 
     amended--
       (A) in paragraph (2)--
       (i) by striking subsection (a)(2)(B)(ii) and inserting 
     ``subsections (a)(2)(B)(ii) and (b)(2)(B)'', and
       (ii) by inserting ``or (b)(2)(A)'' after ``(a)(2)(B)(i)'' 
     in subparagraph (B),
       (B) in paragraph (3), by inserting ``or (b)(2)(B), as the 
     case may be,'' after ``(a)(2)(B)(ii)'',
       (C) in paragraph (5), by striking ``subsection 
     (a)(2)(B)(ii)'' and inserting ``subsections (a)(2)(B)(ii) and 
     (b)(2)(B)'', and
       (D) in paragraph (6), by inserting ``or inverted domestic 
     corporation, as the case may be,'' after ``surrogate foreign 
     corporation''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years ending after July 31, 2015.
       (d) Funding.--Any increase in revenue attributable to the 
     amendments made by this section shall be allocated to 
     carrying out subparts A and B.
                                 ______
                                 
  SA 2153. Mr. REID (for Mr. King (for himself and Mrs. Capito)) 
submitted an amendment intended to be proposed to amendment SA 2089 
submitted by Mr. Alexander (for himself and Mrs. Murray) to the bill S. 
1177, to reauthorize the Elementary and Secondary Education Act of 1965 
to ensure that every child achieves; which was ordered to lie on the 
table; as follows:

       On page 630, between lines 4 and 5, insert the following:

[[Page S4873]]

        ``PART J--DIGITAL LEARNING EQUITY DEMONSTRATION PROGRAM

     ``SEC. 5911. PURPOSES.

       ``The purpose of this part is to support the development, 
     implementation, and evaluation of innovative strategies and 
     methods to improve out-of-school access to digital learning 
     resources for eligible students in order to--
       ``(1) increase student participation in the classroom, 
     including the ability to complete homework assignments and 
     participate in innovative digital learning models;
       ``(2) improve student access to postsecondary education and 
     workforce opportunities by increasing the ability of students 
     to apply for employment, postsecondary education, and 
     financial aid opportunities;
       ``(3) increase the education technology and digital 
     learning resources options available to educators to support 
     student learning by ensuring methods and resources used 
     during the school day remain accessible during out-of-school 
     hours;
       ``(4) increase student, educator, and parent engagement by 
     facilitating greater communication and connection between 
     school and home; and
       ``(5) increase the identification and dissemination of 
     strategies to support students lacking out-of-school access 
     to digital learning resources and the Internet, including 
     underserved student populations and students in rural and 
     remote geographic areas.

     ``SEC. 5912. DEFINITIONS.

       ``In this part:
       ``(1) Access technology.--The term `access technology' 
     means any service or device that provides out-of-school 
     Internet access as its primary function and does not include 
     a computer device.
       ``(2) Digital learning.--The term `digital learning' means 
     an educational practice that effectively uses technology to 
     strengthen a student's learning experience within and outside 
     of the classroom and at home, including--
       ``(A) interactive learning resources that engage students 
     in academic content;
       ``(B) access to online databases and primary source 
     documents;
       ``(C) the use of data, data analytics, and information to 
     personalize learning and provide targeted supplementary 
     instruction;
       ``(D) student collaboration with content experts, peers, 
     and educators;
       ``(E) digital learning content, video, software, or 
     simulations;
       ``(F) access to online courses; and
       ``(G) other resources that may be developed, as the 
     Secretary may determine.
       ``(3) Eligible entity.--The term `eligible entity' means 
     any of the following entities that serve a high-need school:
       ``(A) A local educational agency.
       ``(B) A State educational agency.
       ``(C) An educational service agency.
       ``(D) A consortium of State educational agencies, local 
     educational agencies, or educational service agencies.
       ``(E) An Indian tribe or Indian organization.
       ``(F) A State educational agency, local educational agency, 
     educational service agency, Indian tribe, or Indian 
     organization, in partnership with--
       ``(i) a nonprofit foundation, corporation, institution, or 
     association;
       ``(ii) a business;
       ``(iii) an after-school program or summer program;
       ``(iv) a library;
       ``(v) a community learning center; or
       ``(vi) other community or social services organizations, as 
     the Secretary may determine.
       ``(4) Eligible student.--The term `eligible student' means 
     a student who lacks out-of-school Internet access and attends 
     a high-need school serviced by an eligible entity.
       ``(5) High-need school.--The term `high-need school' means 
     a school served by an eligible entity that--
       ``(A) has a high percentage of students aged 5 through 17 
     who--
       ``(i) are in poverty, as counted in the most recent census 
     data approved by the Secretary;
       ``(ii) are eligible for a free or reduced priced lunch 
     under the Richard B. Russell National School Lunch Act (42 
     U.S.C. 1751 et seq.);
       ``(iii) are in families receiving assistance under the 
     State program funded under part A of title IV of the Social 
     Security Act (42 U.S.C. 601 et seq.); or
       ``(iv) are eligible to receive medical assistance under the 
     Medicaid program under title XIX of the Social Security Act 
     (42 U.S.C. 1396 et seq.);
       ``(B) has a high percentage of students who lack out-of-
     school Internet access;
       ``(C) is in need of improvement and or is among the State's 
     persistently lowest achieving schools; or
       ``(D) has significant gaps in achievement among the 
     categories of students, as defined in section 1111(b)(3)(A).
       ``(6) Out-of-school internet access.--The term `out-of-
     school Internet access' means a service provided to an 
     eligible student for out-of-school use by wire or radio that 
     provides the capability to transmit data to and receive data 
     from all or substantially all Internet endpoints, including 
     any capabilities that are incidental to and enable the 
     operation of the communications service, with a speed and 
     capacity sufficient to enable the use of digital learning 
     resources, but excluding--
       ``(A) dial-up Internet access service; or
       ``(B) Internet access service that is restricted by monthly 
     data caps set lower than 1 gigabyte.

     ``SEC. 5913. DEMONSTRATION GRANT PROGRAM AUTHORIZED.

       ``(a) In General.--The Secretary shall award grants to 
     eligible entities, subject to meeting the application 
     requirements in subsection (e), to develop, implement, and 
     evaluate innovative strategies to increase out-of-school 
     Internet access for eligible students.
       ``(b) Demonstration Period.--Each eligible entity, in 
     accordance with the application requirements in subsection 
     (e), shall propose to the Secretary the period of time over 
     which it desires to exercise demonstration authority, except 
     that such period shall not exceed 2 years.
       ``(c) Rural Areas.--From the amounts appropriated under 
     section 5915 for a fiscal year, the Secretary shall reserve 
     not less than 35 percent for grants to eligible entities that 
     propose to carry out the activities described in subsection 
     (e)(1) in rural areas, as described in section 
     6211(b)(1)(A)(ii). The Secretary shall reduce the amount 
     described in this subsection if the Secretary does not 
     receive a sufficient number of applications that propose to 
     carry out the activities described in subsection (e)(1) in 
     rural areas that meet the requirements of subsection (e).
       ``(d) Matching Funds.--
       ``(1) In general.--An eligible entity that is a State 
     educational agency or includes a State educational agency, 
     that receives a grant under this section shall provide 
     matching funds, from non-Federal sources (which may be 
     provided in cash or in-kind), in an amount equal to 10 
     percent of the amount of grant funds provided to the eligible 
     entity to carry out the activities supported by the grant.
       ``(2) Waiver.--The Secretary may waive the matching 
     requirement under paragraph (1) for an eligible entity that 
     demonstrates that such requirement imposes an undue financial 
     hardship.
       ``(e) Application.--To receive a grant under this section, 
     an eligible entity shall submit to the Secretary an 
     application at such time and in such manner as the Secretary 
     may reasonably require and containing the following:
       ``(1) A description of how the entity will--
       ``(A) increase student access to digital learning 
     opportunities outside of the school day, which may include 
     providing access technology for eligible students;
       ``(B) integrate the out-of-school use of the access 
     technology into the school's educational curriculum and 
     objectives;
       ``(C) provide eligible students with the necessary training 
     in digital literacy to ensure appropriate and effective use 
     of the digital learning resources and access technology;
       ``(D) ensure parents, educators, and students are informed 
     of appropriate use of the digital learning resources and 
     access technology; and
       ``(E) have in place a policy that meets the same 
     requirements as described in paragraphs (1) and (2) of 
     section 9551.
       ``(2) A description of the eligible students who will be 
     served, disaggregated by--
       ``(A) the categories of students, as defined in section 
     1111(b)(3)(A); and
       ``(B) homeless students and children or youth in foster 
     care.
       ``(3) In the case of an eligible entity that wishes to 
     award subgrants to local educational agencies or local 
     educational agencies in partnership with the entities 
     described in subparagraphs (A) through (F) of section 
     5912(3)--
       ``(A) a description of how the eligible entity will award 
     such subgrants; and
       ``(B) an assurance that the eligible entity consulted with 
     appropriate staff of participating local educational agencies 
     and the entities described in subparagraphs (A) through (F) 
     of section 5912(3), as applicable, in the development of the 
     eligible entity's application under this subsection.
       ``(4) A description of the process, activities, and 
     measures that the eligible entity will use to evaluate the 
     impact and effectiveness of the grant funds awarded under 
     this part for eligible students, including measures of 
     changes in--
       ``(A) the percentage of students who lack access to out-of-
     school Internet access;
       ``(B) student participation in the classroom, including the 
     ability to complete homework and take part in innovative 
     learning models;
       ``(C) student engagement, through such measures as 
     attendance rates and chronic absenteeism;
       ``(D) student access to postsecondary education and 
     workforce opportunities, including the ability to apply for 
     employment, postsecondary education, and student financial 
     aid programs; and
       ``(E) any other valid and reliable indicators of student, 
     educator, or parent engagement or participation, as 
     determined by the eligible entity.
       ``(5) A description of the way in which the eligible entity 
     will solicit and collect meaningful feedback from 
     participating students, educators, parents, and school 
     administrators on the effectiveness of the demonstration 
     program.
       ``(6) A description of how the eligible entity will procure 
     the access technology and out-of-school Internet access 
     necessary to carry out the demonstration program, including 
     whether the entity will utilize bulk purchasing or other 
     strategies that make efficient use of program funds.

[[Page S4874]]

       ``(7) If the applicant is a State educational agency or 
     includes a State educational agency, an assurance that the 
     applicant will provide matching funds as required under 
     subsection (d).
       ``(f) Use of Funds.--Each eligible entity receiving a grant 
     under this part shall use the funds awarded to develop, 
     implement, and evaluate strategies and methods used to 
     increase student access to digital learning resources at home 
     through such practices as--
       ``(1) providing a targeted distribution of access 
     technology to eligible students;
       ``(2) educating and training students, parents, and 
     educators about the appropriate use of access technology 
     outside of the classroom; and
       ``(3) evaluating the effectiveness of the strategies and 
     methods used under this part, through such means as student, 
     educator, and parent surveys.
       ``(g) Restriction.--Funds awarded under this part shall 
     only be used to promote out-of-school access to digital 
     learning resources for eligible students and shall not be 
     used to address the networking needs of an entity that is 
     eligible to receive support under the E-rate program.
       ``(h) Reservation for Support and Evaluation.--
       ``(1) In general.--Each eligible entity that receives a 
     grant under this section may reserve not more than 8 percent 
     of the grant amount for each fiscal year to provide technical 
     support to participating schools and for the purposes of 
     conducting the evaluation described in section 5914.
       ``(2) Evaluation.--Not less than 50 percent of any amount 
     reserved under paragraph (1) shall be used for the purposes 
     of conducting the evaluation described in section 5914.
       ``(i) National Activities.--From the amounts appropriated 
     under section 5915, the Secretary may reserve not more than 1 
     percent for national activities to provide technical 
     assistance and support grantees.

     ``SEC. 5914. EVALUATION.

       ``(a) In General.--Consistent with the criteria outlined in 
     paragraphs (4) and (5) of section 5913(e), the Secretary 
     shall establish an evaluation template through which an 
     eligible entity will record and submit the outcomes and 
     participant feedback associated with the program carried out 
     under this part.
       ``(b) Submission; Deadline.--Not later than 90 days after 
     the termination of an eligible entity's demonstration 
     authority under this part, the eligible entity shall submit 
     to the Secretary the results of the evaluation.
       ``(c) Prohibition.--Nothing in this section shall be 
     construed to prohibit an eligible entity from recording and 
     submitting additional data or indicators associated with the 
     success of the program executed under the demonstration 
     authority.

     ``SEC. 5915. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     part such sums as may be necessary for each of fiscal years 
     2016 through 2021.''.
                                 ______
                                 
  SA 2154. Mr. REID (for Mr. King (for himself and Mrs. Capito)) 
submitted an amendment intended to be proposed to amendment SA 2089 
submitted by Mr. Alexander (for himself and Mrs. Murray) to the bill S. 
1177, to reauthorize the Elementary and Secondary Education Act of 1965 
to ensure that every child achieves; which was ordered to lie on the 
table; as follows:

       On page 264, between lines 11 and 12, insert the following:

     SEC. 1018. REPORT ON STUDENT HOME ACCESS TO DIGITAL LEARNING 
                   RESOURCES.

       (a) In General.--Not later than 18 months after the date of 
     enactment of this Act, the Director of the Institute of 
     Education Sciences, in consultation with relevant Federal 
     agencies, shall complete a national study on the educational 
     trends and behaviors associated with access to digital 
     learning resources outside of the classroom, which shall 
     include analysis of extant data and new surveys about 
     students and teachers that provide--
       (1) a description of the various locations from which 
     students access the Internet and digital learning resources 
     outside of the classroom, including through an after-school 
     or summer program, a library, and at home;
       (2) a description of the various devices and technology 
     through which students access the Internet and digital 
     learning resources outside of the classroom, including 
     through a computer or mobile device;
       (3) data associated with the number of students who lack 
     home Internet access, disaggregated by--
       (A) each of the categories of students, as defined in 
     section 1111(b)(3)(A) of the Elementary and Secondary 
     Education Act of 1965;
       (B) homeless students and children or youth in foster care; 
     and
       (C) students in geographically diverse areas, including 
     urban, suburban, and rural areas;
       (4) data associated with the barriers to students acquiring 
     home Internet access;
       (5) data associated with the proportion of educators who 
     assign homework or implement innovative learning models that 
     require or are substantially augmented by a student having 
     home Internet access and the frequency of the need for such 
     access;
       (6) a description of the learning behaviors associated with 
     students who lack home Internet access, including--
       (A) student participation in the classroom, including the 
     ability to complete homework and participate in innovative 
     learning models;
       (B) student engagement, through such measures as attendance 
     rates and chronic absenteeism; and
       (C) a student's ability to apply for employment, 
     postsecondary education, and financial aid programs;
       (7) an analysis of the how a student's lack of home 
     Internet access impacts the instructional practice of 
     educators, including--
       (A) the extent to which educators alter instructional 
     methods, resources, homework assignments, and curriculum in 
     order to accommodate differing levels of home Internet 
     access; and
       (B) strategies employed by educators, school leaders, and 
     administrators to address the differing levels of home 
     Internet access among students; and
       (8) a description of the ways in which State educational 
     agencies, local educational agencies, schools, and other 
     entities, including through partnerships, have developed 
     effective means to provide students with Internet access 
     outside of the school day.
       (b) Public Dissemination.--The Director of the Institute of 
     Education Sciences shall widely disseminate the findings of 
     the study under this section--
       (1) in a timely fashion;
       (2) in a form that is understandable, easily accessible, 
     and publicly available and usable, or adaptable for use in, 
     the improvement of educational practice;
       (3) through electronic transfer and other means, such as 
     posting, as available, to the website of the Institute of 
     Education Sciences, or the Department of Education; and
       (4) to all State educational agencies and other recipients 
     of funds under part D of title IV of the Elementary and 
     Secondary Education Act of 1965.
       (c) Definition of Digital Learning.--In this section, the 
     term ``digital learning''--
       (1) has the meaning given the term in section 5702 of the 
     Elementary and Secondary Education Act of 1965; and
       (2) includes an educational practice that effectively uses 
     technology to strengthen a student's learning experience 
     within and outside of the classroom and at home, which may 
     include the use of digital learning content, video, software, 
     and other resources that may be developed, as the Secretary 
     of Education may determine.
                                 ______
                                 
  SA 2155. Mr. THUNE submitted an amendment intended to be proposed to 
amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:

       At the end of title VII, insert the following:

     SEC. 7006. REPORT ON RESPONSES TO INDIAN STUDENT SUICIDES.

       (a) Preparation.--
       (1) In general.--The Secretary of Education, in 
     coordination with the Secretary of the Interior and the 
     Secretary of Health and Human Services, shall prepare a 
     report on efforts to address outbreaks of suicides among 
     elementary school and secondary school students (referred to 
     in this section as ``student suicides'') that occurred within 
     1 year prior to the date of enactment of this Act in Indian 
     country (as defined in section 1151 of title 18, United 
     States Code).
       (2) Contents.--The report shall include information on--
       (A) the Federal response to the occurrence of high numbers 
     of student suicides in Indian country (as so defined);
       (B) a list of Federal resources available to prevent and 
     respond to outbreaks of student suicides, including the 
     availability and use of tele-behavioral health care;
       (C) any barriers to timely implementation of programs or 
     interagency collaboration regarding student suicides;
       (D) interagency collaboration efforts to streamline access 
     to programs regarding student suicides, including information 
     on how the Department of Education, the Department of the 
     Interior, and the Department of Health and Human Services 
     work together on administration of such programs;
       (E) recommendations to improve or consolidate resources or 
     programs described in subparagraph (B) or (D); and
       (F) feedback from Indian tribes to the Federal response 
     described in subparagraph (A).
       (b) Submission.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary of Education shall 
     submit the report described in subsection (a) to the 
     appropriate committees of Congress.
                                 ______
                                 
  SA 2156. Mrs. CAPITO (for herself and Mr. Durbin) submitted an 
amendment intended to be proposed to amendment SA 2089 submitted by Mr. 
Alexander (for himself and Mrs. Murray) to the bill S. 1177, to 
reauthorize the Elementary and Secondary Education Act of 1965 to 
ensure that every child achieves; which was ordered to lie on the 
table; as follows:

       On page 82, between lines 23 and 24, insert the following:

[[Page S4875]]

       ``(xviii) for each high school in the State, and beginning 
     with the report card released in 2017, the cohort rate (in 
     the aggregate, and disaggregated for each category of 
     students defined in subsection (b)(3)(A), except that such 
     disaggregation shall not be required in a case in which the 
     number of students is insufficient to yield statistically 
     reliable information or the results would reveal personally 
     identifiable information about an individual student) at 
     which students who graduate from the high school enroll, for 
     the first academic year that begins after the students' 
     graduation--

       ``(I) in programs of public postsecondary education in the 
     State; and
       ``(II) if data are available and to the extent practicable, 
     in programs of private postsecondary education in the State 
     or programs of postsecondary education outside the State;

       ``(xix) if available and to the extent practicable, for 
     each high school in the State and beginning with the report 
     card released in 2018, the remediation rate (in the 
     aggregate, and disaggregated for each category of students 
     defined in subsection (b)(3)(A), except that such 
     disaggregation shall not be required in a case in which the 
     number of students is insufficient to yield statistically 
     reliable information or the results would reveal personally 
     identifiable information about an individual student) for 
     students who graduate from the high school at--

       ``(I) programs of postsecondary education in the State; and
       ``(II) programs of postsecondary education outside the 
     State;

                                 ______
                                 
  SA 2157. Mr. FLAKE submitted an amendment intended to be proposed to 
amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:

       On page 615, between lines 22 and 23, insert the following:
       ``(3) Reservation for evaluation.--From the amounts 
     appropriated under section 5903 for a fiscal year, the 
     Secretary shall reserve one-half of 1 percent to conduct, in 
     consultation with the Secretary of Health and Human Services, 
     an evaluation to determine whether grants under this part 
     are--
       (A) improving efficiency in the use of Federal funds for 
     early childhood education programs;
       (B) improving coordination across Federal early childhood 
     education programs; and
       (C) increasing the availability of, and access to, high-
     quality early childhood education programs for eligible 
     children.
                                 ______
                                 
  SA 2158. Mr. FLAKE submitted an amendment intended to be proposed to 
amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:

       Strike section 5007.
                                 ______
                                 
  SA 2159. Mr. BENNET submitted an amendment intended to be proposed to 
amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:

       After section 4005, insert the following:

     SEC. 4006. FAMILY ENGAGEMENT IN EDUCATION PROGRAMS.

       Title IV (20 U.S.C. 7101 et seq.), as amended by sections 
     4001, 4004, and 4005, is further amended by adding at the end 
     the following:

           ``PART E--FAMILY ENGAGEMENT IN EDUCATION PROGRAMS

     ``SEC. 4501. PURPOSES.

       ``The purposes of this part are the following:
       ``(1) To provide financial support to organizations to 
     provide technical assistance and training to State and local 
     educational agencies in the implementation and enhancement of 
     systemic and effective family engagement policies, programs, 
     and activities that lead to improvements in student 
     development and academic achievement.
       ``(2) To assist State educational agencies, local 
     educational agencies, community-based organizations, schools, 
     and educators in strengthening partnerships among parents, 
     teachers, school leaders, administrators, and other school 
     personnel in meeting the educational needs of children and 
     fostering greater parental engagement.
       ``(3) To support State educational agencies, local 
     educational agencies, schools, educators, and parents in 
     developing and strengthening the relationship between parents 
     and their children's school in order to further the 
     developmental progress of children.
       ``(4) To coordinate activities funded under this subpart 
     with parent involvement initiatives funded under section 1115 
     and other provisions of this Act.
       ``(5) To assist the Secretary, State educational agencies, 
     and local educational agencies in the coordination and 
     integration of Federal, State, and local services and 
     programs to engage families in education.

     ``SEC. 4502. GRANTS AUTHORIZED.

       ``(a) Statewide Family Engagement Centers.--From the amount 
     appropriated under section 4506, the Secretary is authorized 
     to award grants for each fiscal year to statewide 
     organizations (or consortia of such organizations), to 
     establish Statewide Family Engagement Centers that provide 
     comprehensive training and technical assistance to State 
     educational agencies, local educational agencies, schools 
     identified by State educational agencies and local 
     educational agencies, organizations that support family-
     school partnerships, and other organizations that carry out, 
     or carry out directly, parent education and family engagement 
     in education programs.
       ``(b) Minimum Award.--In awarding grants under this 
     section, the Secretary shall, to the extent practicable, 
     ensure that a grant is awarded for a Statewide Family 
     Engagement Center in an amount not less than $500,000.

     ``SEC. 4503. APPLICATIONS.

       ``(a) Submissions.--Each statewide organization, or a 
     consortium of such organizations, that desires a grant under 
     this subpart shall submit an application to the Secretary at 
     such time, in such manner, and including the information 
     described in subsection (b).
       ``(b) Contents.--Each application submitted under 
     subsection (a) shall include, at a minimum, the following:
       ``(1) A description of the applicant's approach to family 
     engagement in education.
       ``(2) A description of the support that the Statewide 
     Family Engagement Center that will be operated by the 
     applicant will have from the State educational agency and any 
     partner organization outlining the commitment to work with 
     the center.
       ``(3) A description of the applicant's plan for building a 
     statewide infrastructure for family engagement in education, 
     that includes--
       ``(A) management and governance;
       ``(B) statewide leadership; or
       ``(C) systemic services for family engagement in education.
       ``(4) A description of the applicant's demonstrated 
     experience in providing training, information, and support to 
     State educational agencies, local educational agencies, 
     schools, educators, parents, and organizations on family 
     engagement in education policies and practices that are 
     effective for parents (including low-income parents) and 
     families, English learners, minorities, parents of students 
     with disabilities, parents of homeless students, foster 
     parents and students, and parents of migratory students, 
     including evaluation results, reporting, or other data 
     exhibiting such demonstrated experience.
       ``(5) A description of the steps the applicant will take to 
     target services to low-income students and parents.
       ``(6) An assurance that the applicant will--
       ``(A) establish a special advisory committee, the 
     membership of which includes--
       ``(i) parents, who shall constitute a majority of the 
     members of the special advisory committee;
       ``(ii) representatives of education professionals with 
     expertise in improving services for disadvantaged children;
       ``(iii) representatives of local elementary schools and 
     secondary schools, including students;
       ``(iv) representatives of the business community; and
       ``(v) representatives of State educational agencies and 
     local educational agencies;
       ``(B) use not less than 65 percent of the funds received 
     under this part in each fiscal year to serve local 
     educational agencies, schools, and community-based 
     organizations that serve high concentrations of disadvantaged 
     students, including English learners, minorities, parents of 
     students with disabilities, parents of homeless students, 
     foster parents and students, and parents of migratory 
     students;
       ``(C) operate a Statewide Family Engagement Center of 
     sufficient size, scope, and quality to ensure that the Center 
     is adequate to serve the State educational agency, local 
     educational agencies, and community-based organizations;
       ``(D) ensure that the Statewide Family Engagement Center 
     will retain staff with the requisite training and experience 
     to serve parents in the State;
       ``(E) serve urban, suburban, and rural local educational 
     agencies and schools;
       ``(F) work with--
       ``(i) other Statewide Family Engagement Centers assisted 
     under this subpart; and
       ``(ii) parent training and information centers and 
     community parent resource centers assisted under sections 671 
     and 672 of the Individuals with Disabilities Education Act;
       ``(G) use not less than 30 percent of the funds received 
     under this part for each fiscal year to establish or expand 
     technical assistance for evidence-based parent education 
     programs;
       ``(H) provide assistance to State educational agencies and 
     local educational agencies and community-based organizations 
     that support family members in supporting student academic 
     achievement;
       ``(I) work with State educational agencies, local 
     educational agencies, schools, educators, and parents to 
     determine parental needs and the best means for delivery of 
     services to address such needs;
       ``(J) conduct sufficient outreach to assist parents, 
     including parents who the applicant may have a difficult time 
     engaging with a school or local educational agency; and

[[Page S4876]]

       ``(K) conduct outreach to low-income students and parents, 
     including low-income students and parents who are not 
     proficient in English.

     ``SEC. 4504. USES OF FUNDS.

       ``(a) In General.--Grantees shall use grant funds received 
     under this part, based on the needs determined under section 
     4503, to provide training and technical assistance to State 
     educational agencies, local educational agencies, and 
     organizations that support family-school partnerships, and 
     activities, services, and training for local educational 
     agencies, school leaders, educators, and parents--
       ``(1) to assist parents in participating effectively in 
     their children's education and to help their children meet 
     State standards, such as assisting parents--
       ``(A) to engage in activities that will improve student 
     academic achievement, including understanding how they can 
     support learning in the classroom with activities at home and 
     in afterschool and extracurricular programs;
       ``(B) to communicate effectively with their children, 
     teachers, school leaders, counselors, administrators, and 
     other school personnel;
       ``(C) to become active participants in the development, 
     implementation, and review of school-parent compacts, family 
     engagement in education policies, and school planning and 
     improvement;
       ``(D) to participate in the design and provision of 
     assistance to students who are not making academic progress;
       ``(E) to participate in State and local decisionmaking;
       ``(F) to train other parents; and
       ``(G) to help the parents learn and use technology applied 
     in their children's education;
       ``(2) to develop and implement, in partnership with the 
     State educational agency, statewide family engagement in 
     education policy and systemic initiatives that will provide 
     for a continuum of services to remove barriers for family 
     engagement in education and support school reform efforts; 
     and
       ``(3) to develop and implement parental involvement 
     policies under this Act.
       ``(b) Matching Funds for Grant Renewal.--For each fiscal 
     year after the first fiscal year for which an organization or 
     consortium receives assistance under this section, the 
     organization or consortium shall demonstrate in the 
     application that a portion of the services provided by the 
     organization or consortium is supported through non-Federal 
     contributions, which may be in cash or in-kind.
       ``(c) Technical Assistance.--The Secretary shall reserve 
     not more than 2 percent of the funds appropriated under 
     section 4506 to carry out this part to provide technical 
     assistance, by competitive grant or contract, for the 
     establishment, development, and coordination of Statewide 
     Family Engagement Centers.
       ``(d) Rule of Construction.--Nothing in this section shall 
     be construed to prohibit a Statewide Family Engagement Center 
     from--
       ``(1) having its employees or agents meet with a parent at 
     a site that is not on school grounds; or
       ``(2) working with another agency that serves children.
       ``(e) Parental Rights.--Notwithstanding any other provision 
     of this section--
       ``(1) no person (including a parent who educates a child at 
     home, a public school parent, or a private school parent) 
     shall be required to participate in any program of parent 
     education or developmental screening under this section; and
       ``(2) no program or center assisted under this section 
     shall take any action that infringes in any manner on the 
     right of parents to direct the education of their children.

     ``SEC. 4505. FAMILY ENGAGEMENT IN INDIAN SCHOOLS.

       ``The Secretary of the Interior, in consultation with the 
     Secretary of Education, shall establish, or enter into 
     contracts and cooperative agreements with local tribes, 
     tribal organizations, or Indian nonprofit parent 
     organizations to establish and operate Family Engagement 
     Centers.

     ``SEC. 4506. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     part such sums as may be necessary for fiscal years 2016 
     through 2021.''.
                                 ______
                                 
  SA 2160. Mr. MENENDEZ submitted an amendment intended to be proposed 
to amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:

       At the end of title X, add the following:

                           PART C--SAFE PLAY

     SEC. 10301. SHORT TITLE.

       This part may be cited as the ``Supporting Athletes, 
     Families and Educators to Protect the Lives of Athletic Youth 
     Act'' or the ``SAFE PLAY Act''.

     SEC. 10302. EDUCATION, AWARENESS, AND TRAINING ABOUT 
                   CHILDREN'S CARDIAC CONDITIONS TO INCREASE EARLY 
                   DIAGNOSIS AND PREVENT DEATH.

       Part P of title III of the Public Health Service Act (42 
     U.S.C. 280g et seq.) is amended by adding at the end the 
     following:

     ``SEC. 399V-6. MATERIALS AND EDUCATIONAL RESOURCES TO 
                   INCREASE AWARENESS OF CARDIOMYOPATHY AND OTHER 
                   HIGHER RISK CHILDHOOD CARDIAC CONDITIONS AMONG 
                   SCHOOL ADMINISTRATORS, EDUCATORS, COACHES, 
                   STUDENTS AND FAMILIES.

       ``(a) Materials and Resources.--Not later than 18 months 
     after the date of enactment of the SAFE PLAY Act, the 
     Secretary, acting through the Director of the Centers for 
     Disease Control and Prevention (referred to in this section 
     as the `Director') and in consultation with national patient 
     advocacy and health professional organizations experts in 
     cardiac health, including all forms of cardiomyopathy, shall 
     develop public education and awareness materials and 
     resources to be disseminated to school administrators, 
     educators, school health professionals, coaches, families, 
     and other appropriate individuals. The materials and 
     resources shall include--
       ``(1) information to increase education and awareness of 
     high risk cardiac conditions and genetic heart rhythm 
     abnormalities that may cause sudden cardiac arrest in 
     children, adolescents, and young adults, including--
       ``(A) cardiomyopathy;
       ``(B) conditions such as long QT syndrome, Brugada 
     syndrome, catecholaminergic polymorphic ventricular 
     tachycardia, short QT syndrome, Wolff-Parkinson-White 
     syndrome; and
       ``(C) other cardiac conditions, as determined by the 
     Secretary;
       ``(2) sudden cardiac arrest and cardiomyopathy risk 
     assessment worksheets to increase awareness of warning signs 
     and symptoms of life-threatening cardiac conditions in order 
     to prevent acute cardiac episodes and increase the likelihood 
     of early detection and treatment;
       ``(3) information and training materials for emergency 
     interventions such as cardiopulmonary resuscitation (referred 
     to in this section and in section 399V-7 as `CPR') and ways 
     to obtain certification in CPR delivery;
       ``(4) guidelines and training materials for the proper 
     placement and use of life-saving emergency equipment such as 
     automatic external defibrillators (referred to in this 
     section and section 399V-7 as `AED') and ways to obtain 
     certification on AED usage; and
       ``(5) recommendations for how schools, childcare centers, 
     and local youth athletic organizations can develop and 
     implement cardiac emergency response plans, including 
     recommendations about how a local educational agency (as 
     defined in section 9101 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7801)) can apply such 
     response plans to all students enrolled in the public schools 
     served by such local educational agency.
       ``(b) Development of Materials and Resources.--The 
     Secretary, acting through the Director, shall develop and 
     update, as necessary and appropriate, the materials and 
     resources described in subsection (a) and, in support of such 
     effort, the Secretary is encouraged to establish an advisory 
     panel that includes the following members:
       ``(1) Representatives from national patient advocacy 
     organizations, including--
       ``(A) not less than 1 organization dedicated to pediatrics;
       ``(B) not less than 1 organization dedicated to school-
     based wellness;
       ``(C) not less than 1 organization dedicated to cardiac 
     research, health, and awareness; and
       ``(D) not less than 1 organization dedicated to advocacy 
     and support for individuals with cognitive impairments or 
     developmental disabilities.
       ``(2) Representatives of medical professional societies, 
     including pediatrics, cardiology, emergency medicine, and 
     sports medicine.
       ``(3) A representative of the Centers for Disease Control 
     and Prevention.
       ``(4) Representatives of other relevant Federal agencies.
       ``(5) Representatives of schools, such as administrators, 
     educators, sports coaches, and nurses.
       ``(c) Dissemination of Materials and Resources.--Not later 
     than 30 months after the date of enactment of the SAFE PLAY 
     Act, the Secretary, acting through the Director, shall 
     disseminate the materials and resources described in 
     subsection (a) in accordance with the following:
       ``(1) Distribution by state educational agencies.--The 
     Secretary shall make available such written materials and 
     resources to State educational agencies (as defined in 
     section 9101 of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 7801)) to distribute--
       ``(A) to school administrators, educators, school health 
     professionals, coaches, and parents, guardians, or other 
     caregivers, the cardiomyopathy education and awareness 
     materials and resources described in subsection (a);
       ``(B) to parents, guardians, or other caregivers, the 
     cardiomyopathy and sudden cardiac arrest risk assessment 
     worksheets described in subsection (a)(2);
       ``(C) to school administrators, school health 
     professionals, and coaches--
       ``(i) the information and training materials described in 
     subsection (a)(3); and
       ``(ii) the guidelines and training materials described in 
     subsection (a)(4); and
       ``(D) to school administrators, educators, coaches, and 
     youth sports organizations, the recommendations described in 
     subsection (a)(5).

[[Page S4877]]

       ``(2) Dissemination to health departments and 
     professionals.--The Secretary shall make available such 
     materials and resources to State and local health 
     departments, pediatricians, hospitals, and other health 
     professionals, such as nurses and first responders.
       ``(3) Dissemination of information through the internet.--
       ``(A) CDC.--
       ``(i) In general.--The Secretary, acting through the 
     Director, shall post the materials and resources developed 
     under subsection (a) on the public Internet website of the 
     Centers for Disease Control and Prevention.
       ``(ii) Maintenance of information.--The Director shall 
     maintain on such Internet website such additional and updated 
     information regarding the resources and materials under 
     subsection (a) as necessary to ensure such information 
     reflects the latest standards.
       ``(B) State educational agencies.--State educational 
     agencies are encouraged to create Internet webpages dedicated 
     to disseminating the information and resources developed 
     under subsection (a) to the general public, with an emphasis 
     on targeting dissemination to families of students and 
     students.
       ``(4) Accessibility of information.--The information 
     regarding the resources and materials under subsection (a) 
     shall be made available in a format and in a manner that is 
     readily accessible to individuals with cognitive and sensory 
     impairments.
       ``(d) Report to Congress.--Not later than 3 years after the 
     date of the enactment of this section, and annually 
     thereafter, the Secretary shall submit to Congress a report 
     identifying the steps taken to increase public education and 
     awareness of higher risk cardiac conditions that may lead to 
     sudden cardiac arrest.
       ``(e) Definitions.--In this section:
       ``(1) School administrators.--The term `school 
     administrator' means a principal, director, manager, or other 
     supervisor or leader within an elementary school or secondary 
     school (as such terms are defined under section 9101 of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7801)), State-based early education program, or childcare 
     center.
       ``(2) Schools.--The term `school' means an early education 
     program, childcare center, or elementary school or secondary 
     school (as such terms are so defined) that is not an 
     Internet- or computer-based community school.
       ``(f) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section such 
     sums as may be necessary for fiscal years 2016 through 2021.

     ``SEC. 399V-7. GRANTS TO PROVIDE FOR CARDIAC TRAINING AND 
                   EQUIPMENT IN PUBLIC ELEMENTARY, MIDDLE, AND 
                   SECONDARY SCHOOLS.

       ``(a) Authority To Make Grants.--The Secretary, in 
     consultation with the Secretary of Education, shall award 
     grants to eligible local educational agencies--
       ``(1) to enable such local educational agencies to purchase 
     AEDs and implement nationally recognized CPR and AED training 
     courses; or
       ``(2) to enable such local educational agencies to award 
     funding to eligible schools that are served by the local 
     educational agency to purchase AEDs and implement nationally 
     recognized CPR and AED training courses.
       ``(b) Use of Funds.--An eligible local educational agency 
     receiving a grant under this section, or an eligible school 
     receiving grant funds under this section through an eligible 
     local educational agency, shall use the grant funds--
       ``(1) to pay a nationally recognized training organization, 
     such as the American Heart Association, the American Red 
     Cross, or the National Safety Council, for instructional, 
     material, and equipment expenses associated with the training 
     necessary to receive CPR and AED certification in accordance 
     with the materials and resources developed under section 
     399V-6(a)(3); or
       ``(2) if the local educational agency or an eligible school 
     served by such agency meets the conditions described under 
     subsection (c)(2), to purchase AED devices for eligible 
     schools and pay the costs associated with obtaining the 
     certifications necessary to meet the guidelines established 
     in section 399V-6(a)(4).
       ``(c) Grant Eligibility.--
       ``(1) Application.--To be eligible to receive a grant under 
     this section, a local educational agency shall submit an 
     application to the Secretary at such time, in such manner, 
     and containing such information and certifications as such 
     Secretary may reasonably require.
       ``(2) AED training and allocation.--To be eligible to use 
     grant funds to purchase AED devices as described in 
     subsection (b)(2), an eligible local educational agency shall 
     demonstrate to the Secretary that such local educational 
     agency or an eligible school served by such agency has or 
     intends to implement an AED training program in conjunction 
     with a CPR training program and has or intends to implement 
     an emergency cardiac response plan as of the date of the 
     submission of the grant application.
       ``(d) Priority of Award.--The Secretary shall award grants 
     under this section to eligible local educational agencies 
     based on 1 or more of the following priorities:
       ``(1) A demonstrated need for initiating a CPR or AED 
     training program in an eligible school or a community served 
     by an eligible school, which may include--
       ``(A) schools that do not already have an automated AED on 
     school grounds;
       ``(B) schools in which there are a significant number of 
     students on school grounds during a typical day, as 
     determined by the Secretary;
       ``(C) schools for which the average time required for 
     emergency medical services (as defined in section 330J(f)) to 
     reach the school is greater than the average time required 
     for emergency medical services to reach other public 
     facilities in the community; and
       ``(D) schools that have not received funds under the Rural 
     Access to Emergency Devices Act (42 U.S.C. 254c note).
       ``(2) A demonstrated need for continued support of an 
     existing CPR or AED training program in an eligible school or 
     a community served by an eligible school.
       ``(3) A demonstrated need for expanding an existing CPR or 
     AED training program by adding training in the use of an AED.
       ``(4) Previously identified opportunities to encourage and 
     foster partnerships with and among community organizations, 
     including emergency medical service providers, fire and 
     police departments, nonprofit organizations, public health 
     organizations, parent-teacher associations, and local and 
     regional youth sports organizations to aid in providing 
     training in both CPR and AED usage and in obtaining AED 
     equipment.
       ``(5) Recognized opportunities to maximize the use of funds 
     provided under this section.
       ``(e) Matching Funds Required.--
       ``(1) In general.--To be eligible to receive a grant under 
     this section, an eligible local educational agency shall 
     provide matching funds from non-Federal sources in an amount 
     equal to not less than 25 percent of the total grant amount.
       ``(2) Waiver.--The Secretary may waive the requirement of 
     paragraph (1) for an eligible local educational agency if the 
     number of children counted under section 1124(c)(1)(A) of the 
     Elementary and Secondary Education Act of 1965 for the local 
     educational agency is 20 percent or more of the total number 
     of children aged 5 to 17, inclusive, served by the eligible 
     local educational agency.
       ``(f) Definitions.--In this section:
       ``(1) Eligible local educational agency.--The term 
     `eligible local educational agency' means a local educational 
     agency, as defined in section 9101 of the Elementary and 
     Secondary Education Act of 1965, that has established a plan 
     to follow the guidelines and carry out the recommendations 
     described under section 399V-6(a) regarding cardiac 
     emergencies.
       ``(2) Eligible school.--The term `eligible school' means a 
     public elementary, middle, or secondary school, including any 
     public charter school that is considered a local educational 
     agency under State law, and which is not an Internet- or 
     computer-based community school.
       ``(g) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section such 
     sums as may be necessary for each of the fiscal years 2016 
     through 2021.

     ``SEC. 399V-8. REQUIREMENT TO INCLUDE CARDIAC CONDITIONS IN 
                   EXISTING RESEARCH AND INVESTIGATIONS.

       ``The Director of the Centers for Disease Control and 
     Prevention shall develop data collection methods, to be 
     included in the School Health Policies and Practices Survey 
     authorized under section 301, that are being carried out as 
     of the date of enactment of the SAFE PLAY Act, to determine 
     the degree to which school administrators, educators, school 
     health professionals, coaches, families, and other 
     appropriate individuals have an understanding of cardiac 
     issues. Such data collection methods shall be designed to 
     collect information about--
       ``(a) the ability to accurately identify early symptoms of 
     a cardiac condition, such as cardiomyopathy, cardiac arrest, 
     and sudden cardiac death;
       ``(b) the dissemination of training described in section 
     399V-6(a)(3) regarding the proper performance of 
     cardiopulmonary resuscitation; and
       ``(c) the dissemination of guidelines and training 
     described in section 399V-6(a)(4) regarding the placement and 
     use of automatic external defibrillators.''.

     SEC. 10303. GUIDELINES FOR EMERGENCY ACTION PLANS FOR 
                   ATHLETICS.

       The Secretary of Health and Human Services, acting through 
     the Director of the Centers for Disease Control and 
     Prevention, and in consultation with the Secretary of 
     Education, shall work with stakeholder organizations to 
     develop recommended guidelines for the development of 
     emergency action plans for youth athletics. Such plans shall 
     include the following:
       (1) Identifying the characteristics of an athletic, 
     medical, or health emergency.
       (2) Procedures for accessing emergency communication 
     equipment and contacting emergency personnel, including 
     providing directions to the specific location of the athletic 
     venue that is used by the youth athletic group or 
     organization.
       (3) Instructions for utilizing appropriate first-aid and 
     cardiopulmonary resuscitation techniques and accessing and 
     utilizing emergency equipment, such as an automatic external 
     defibrillator.

     SEC. 10304. GUIDELINES FOR SAFE ENERGY DRINK USE BY YOUTH 
                   ATHLETES.

       (a) Development of Guidelines.--Not later than 2 years 
     after the date of enactment of this Act, the Secretary of 
     Health and Human Services, acting through the Commissioner of 
     Food and Drugs, in collaboration with the Director of the 
     Centers for

[[Page S4878]]

     Disease Control and Prevention and other related Federal 
     agencies, may--
       (1) develop information about the ingredients used in 
     energy drinks and the potential side effects of energy drink 
     consumption; and
       (2) recommend guidelines for the safe use of energy drink 
     consumption by youth, including youth participating in 
     athletic activities.
       (b) Dissemination of Guidelines.--Not later than 6 months 
     after any information or guidelines are developed under 
     subsection (a), the Secretary of Education, in coordination 
     with the Commissioner of Food and Drugs, shall disseminate 
     such information and guidelines to school administrators, 
     educators, school health professionals, coaches, families, 
     and other appropriate individuals.
       (c) Energy Drink Defined.--In this section the term 
     ``energy drink'' means a class of products in liquid form, 
     marketed as either a dietary supplement or conventional food 
     under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 
     et seq.), for the stated purpose of providing the consumer 
     with added physical or mental energy, and that contains each 
     of the following:
       (1) Caffeine.
       (2) At least 1 of the following ingredients:
       (A) Taurine.
       (B) Guarana.
       (C) Ginseng.
       (D) B vitamins such as cobalamin, folic acid, pyridoxine, 
     or niacin.
       (E) Any other ingredient added for the express purpose of 
     providing physical or mental energy, as determined during the 
     development of guidelines in accordance with subsection (a).
       (d) Prohibition on Restriction of Marketing and Sales of 
     Energy Drinks.--Nothing in this section shall be construed to 
     provide the Commissioner of Food and Drugs with authority to 
     regulate the marketing and sale of energy drinks, beyond such 
     authority as such Commissioner has as of the date of 
     enactment of this Act.

     SEC. 10305. RESEARCH RELATING TO YOUTH ATHLETIC SAFETY.

       (a) Expansion of CDC Research.--Section 301 of the Public 
     Health Service Act (42 U.S.C. 241) is amended by adding at 
     the end the following:
       ``(f) The Secretary, acting through the Director of the 
     Centers for Disease Control and Prevention, shall, to the 
     extent practicable, expand, intensify, and coordinate the 
     activities of the Centers for Disease Control and Prevention 
     with respect to cardiac conditions, concussions, and heat-
     related illnesses among youth athletes.''.
       (b) Report to Congress.--Not later than 6 years after the 
     enactment of this Act, the Director of the Centers for 
     Disease Control and Prevention and the Secretary of Education 
     shall prepare and submit a joint report to Congress that 
     includes information, with respect to the 5-year period 
     beginning after the date of enactment of this Act, about--
       (1) the number of youth fatalities that occur while a youth 
     is participating in an athletic activity, and the cause of 
     each of those deaths; and
       (2) the number of catastrophic injuries sustained by a 
     youth while the youth is participating in an athletic 
     activity, and the cause of such injury.
       Between sections 9115 and 9116, insert the following:

     SEC. 9115A. HEAT ADVISORY AND HEAT ACCLIMATIZATION GUIDELINES 
                   FOR SECONDARY SCHOOL ATHLETICS.

       Subpart 2 of part F of title IX (20 U.S.C. 7901 et seq.), 
     as amended by sections 4001, 9114, and 9115, and redesignated 
     by section 9106, is further amended by adding at the end the 
     following:

     ``SEC. 9539A. HEAT ADVISORY AND HEAT ACCLIMATIZATION 
                   PROCEDURES.

       ``(a) Materials and Resources.--The Secretary, in 
     consultation with the Secretary of Health and Human Services 
     and the Secretary of Commerce, acting through the 
     Administrator of the National Oceanic and Atmospheric 
     Administration, shall develop public education and awareness 
     materials and resources to be disseminated to school 
     administrators, school health professionals, coaches, 
     families, and other appropriate individuals. The materials 
     and resources shall include--
       ``(1) information regarding the health risks associated 
     with exposure to excessive heat and excessive humidity, as 
     defined by the National Weather Service;
       ``(2) tips and recommendations on how to avoid heat-related 
     illness, including proper hydration and access to the indoors 
     or cooling stations; and
       ``(3) strategies for `heat-acclimatization' that address 
     the types and duration of athletic activities considered to 
     be generally safe during periods of excessive heat.
       ``(b) Implantation of Excessive Heat Action Plan.--Public 
     schools shall develop an `excessive heat action plan' to be 
     used during all school-sponsored athletic activities that 
     occur during periods of excessive heat and humidity. Such 
     plan shall--
       ``(1) be in effect prior to full scale athletic 
     participation by students, including any practices or 
     scrimmages prior to the beginning of the school's academic 
     year; and
       ``(2) apply to days when an Excessive Heat Watch or 
     Excessive Heat Warning or Advisory has been issued by the 
     National Weather Service for the area in which the athletic 
     event is to take place.''.

     SEC. 9115B. PREVENTION AND TREATMENT OF YOUTH ATHLETE 
                   CONCUSSIONS.

       Part F of title IX (20 U.S.C. 7881 et seq.), as amended by 
     sections 2001 and 4001, and redesignated by section 9106, is 
     further amended by adding at the end the following:

  ``Subpart 7--State Requirements for the Prevention and Treatment of 
                              Concussions

     ``SEC. 9581. MINIMUM STATE REQUIREMENTS.

       ``(a) In General.--Beginning for fiscal year 2016, as a 
     condition of receiving funds under title IV for a fiscal 
     year, a State shall, not later than July 1 of the preceding 
     fiscal year, certify to the Secretary in accordance with 
     subsection (b) that the State has in effect and is enforcing 
     a law or regulation that, at a minimum, establishes the 
     following requirements:
       ``(1) Local educational agency concussion safety and 
     management plan.--Each local educational agency in the State 
     (including each public charter school that is considered a 
     local educational agency under State law), in consultation 
     with members of the community in which the local educational 
     agency is located, and taking into consideration the 
     guidelines of the Centers for Disease Control and 
     Prevention's Pediatric Mild Traumatic Brain Injury Guideline 
     Workgroup, shall develop and implement a standard plan for 
     concussion safety and management for public schools served by 
     the local educational agency that includes--
       ``(A) the education of students, school administrators, 
     educators, coaches, youth sports organizations, parents, and 
     school personnel about concussions, including--
       ``(i) training of school personnel on evidence-based 
     concussion safety and management, including prevention, 
     recognition, risk, academic consequences, and response for 
     both initial and any subsequent concussions; and
       ``(ii) using, maintaining, and disseminating to students 
     and parents release forms, treatment plans, observation, 
     monitoring, and reporting forms, recordkeeping forms, and 
     post-injury and prevention fact sheets about concussions;
       ``(B) supports for each student recovering from a 
     concussion, including--
       ``(i) guiding the student in resuming participation in 
     school-sponsored athletic activities and academic activities 
     with the help of a multidisciplinary concussion management 
     team, which shall include--

       ``(I) a health care professional, the parents of such 
     student, and other relevant school personnel; and
       ``(II) an individual who is assigned by the public school 
     in which the student is enrolled to oversee and manage the 
     recovery of the student;

       ``(ii) providing appropriate academic accommodations aimed 
     at progressively reintroducing cognitive demands on such 
     student; and
       ``(iii) if the student's symptoms of concussion persist for 
     a substantial period of time--

       ``(I) evaluating the student in accordance with section 614 
     of the Individuals with Disabilities Education Act (20 U.S.C. 
     1414) to determine whether the student is eligible for 
     services under part B of such Act (20 U.S.C. 1411 et seq.); 
     or
       ``(II) evaluating whether the student is eligible for 
     services under section 504 of the Rehabilitation Act of 1973 
     (29 U.S.C. 794); and

       ``(C) best practices, as defined by national neurological 
     medical specialty and sports health organizations, designed 
     to ensure, with respect to concussions, the uniformity of 
     safety standards, treatment, and management, including--
       ``(i) disseminating information on concussion safety and 
     management to the public; and
       ``(ii) applying best practice and uniform standards for 
     concussion safety and management to all students enrolled in 
     the public schools served by the local educational agency.
       ``(2) Posting of information on concussions.--Each public 
     school in the State shall post on school grounds, in a manner 
     that is visible to students and school personnel, and make 
     publicly available on the school website, information on 
     concussions that--
       ``(A) is based on peer-reviewed scientific evidence or 
     consensus (such as information made available by the Centers 
     for Disease Control and Prevention);
       ``(B) shall include--
       ``(i) the risks posed by sustaining a concussion or 
     multiple concussions;
       ``(ii) the actions a student should take in response to 
     sustaining a concussion, including the notification of school 
     personnel; and
       ``(iii) the signs and symptoms of a concussion; and
       ``(C) may include--
       ``(i) the definition of a concussion under section 9582(1);
       ``(ii) the means available to the student to reduce the 
     incidence or recurrence of a concussion; and
       ``(iii) the effects of a concussion on academic learning 
     and performance.
       ``(3) Response to a concussion.--If any school personnel of 
     a public school in the State suspect that a student has 
     sustained a concussion during a school-sponsored athletic 
     activity or other school-sponsored activity--
       ``(A) the student shall be--
       ``(i) immediately removed from participation in such 
     activity; and
       ``(ii) prohibited from resuming participation in school-
     sponsored athletic activities--

       ``(I) on the day the student sustained the concussion; and
       ``(II) until the day the student is capable of resuming 
     such participation, according to

[[Page S4879]]

     the student's written release, as described in paragraphs (4) 
     and (5);

       ``(B) the school personnel shall report to the concussion 
     management team described under paragraph (1)(B)(i)--
       ``(i) that the student may have sustained a concussion; and
       ``(ii) all available information with respect to the 
     student's injury; and
       ``(C) the concussion management team shall confirm and 
     report to the parents of the student--
       ``(i) the type of injury, and the date and time of the 
     injury, suffered by the student; and
       ``(ii) any actions that have been taken to treat the 
     student.
       ``(4) Return to athletics.--If a student enrolled in a 
     public school in the State sustains a concussion, before the 
     student resumes participation in school-sponsored athletic 
     activities, the relevant school personnel shall receive a 
     written release from a health care professional, that--
       ``(A) may require the student to follow a plan designed to 
     aid the student in recovering and resuming participation in 
     such activities in a manner that--
       ``(i) is coordinated, as appropriate, with periods of 
     cognitive and physical rest while symptoms of a concussion 
     persist; and
       ``(ii) reintroduces cognitive and physical demands on the 
     student on a progressive basis so long as such increases in 
     exertion do not cause the re-emergence or worsening of 
     symptoms of a concussion; and
       ``(B) states that the student is capable of resuming 
     participation in such activities once the student is 
     asymptomatic.
       ``(5) Return to academics.--If a student enrolled in a 
     public school in the State has sustained a concussion, the 
     concussion management team (as described under paragraph 
     (1)(B)(i)) of the school shall consult with and make 
     recommendations to relevant school personnel and the student 
     to ensure that the student is receiving the appropriate 
     academic supports, including--
       ``(A) providing for periods of cognitive rest over the 
     course of the school day;
       ``(B) providing modified academic assignments;
       ``(C) allowing for gradual reintroduction to cognitive 
     demands; and
       ``(D) other appropriate academic accommodations or 
     adjustments.
       ``(b) Certification Requirement.--The certification 
     required under subsection (a) shall be in writing and include 
     a description of the law or regulation that meets the 
     requirements of subsection (a).

     ``SEC. 9582. DEFINITIONS.

       ``In this subpart:
       ``(1) Concussion.--The term `concussion' means a type of 
     mild traumatic brain injury that--
       ``(A) is caused by a blow, jolt, or motion to the head or 
     body that causes the brain to move rapidly in the skull;
       ``(B) disrupts normal brain functioning and alters the 
     physiological state of the individual, causing the individual 
     to experience--
       ``(i) any period of observed or self-reported--

       ``(I) transient confusion, disorientation, or altered 
     consciousness;
       ``(II) dysfunction of memory around the time of injury; or
       ``(III) disruptions in gait or balance; and

       ``(ii) symptoms that may include--

       ``(I) physical symptoms, such as headache, fatigue, or 
     dizziness;
       ``(II) cognitive symptoms, such as memory disturbance or 
     slowed thinking;
       ``(III) emotional symptoms, such as irritability or 
     sadness; or
       ``(IV) difficulty sleeping; and

       ``(C) occurs--
       ``(i) with or without the loss of consciousness; and
       ``(ii) during participation--

       ``(I) in a school-sponsored athletic activity; or
       ``(II) in any other activity without regard to whether the 
     activity takes place on school property or during the school 
     day.

       ``(2) Health care professional.--The term `health care 
     professional' means a physician (including a medical doctor 
     or doctor of osteopathic medicine), registered nurse, 
     athletic trainer, physical therapist, neuropsychologist, or 
     other qualified individual--
       ``(A) who is registered, licensed, certified, or otherwise 
     statutorily recognized by the State to provide medical 
     treatment; and
       ``(B) whose scope of practice and experience includes the 
     diagnosis and management of traumatic brain injury among a 
     pediatric population.
       ``(3) Parent.--The term `parent' means biological or 
     adoptive parents or legal guardians, as determined by 
     applicable State law.
       ``(4) Public school.--The term `public school' means an 
     elementary school or secondary school (as such terms are so 
     defined), including any public charter school that is 
     considered a local educational agency under State law, and 
     which is not an Internet- or computer-based community school.
       ``(5) School personnel.--The term `school personnel' has 
     the meaning given such term in section 4151, except that such 
     term includes coaches and athletic trainers.
       ``(6) School-sponsored athletic activity.--The term 
     `school-sponsored athletic activity' means--
       ``(A) any physical education class or program of a public 
     school;
       ``(B) any athletic activity authorized by a public school 
     that takes place during the school day on the school's 
     property;
       ``(C) any activity of an extracurricular sports team, club, 
     or league organized by a public school; and
       ``(D) any recess activity of a public school.''.
                                 ______
                                 
  SA 2161. Mr. KIRK (for himself, Mr. Reed, Ms. Baldwin, and Mr. Brown) 
submitted an amendment intended to be proposed to amendment SA 2089 
submitted by Mr. Alexander (for himself and Mrs. Murray) to the bill S. 
1177, to reauthorize the Elementary and Secondary Education Act of 1965 
to ensure that every child achieves; which was ordered to lie on the 
table; as follows:

       On page 69, between lines 16 and 17, insert the following:
       ``(N) how the State will measure and report on indicators 
     of student access to critical educational resources and 
     identify disparities in such resources (referred to for 
     purposes of this Act as an `Opportunity Dashboard of Core 
     Resources') for each local educational agency and each public 
     school in the State in a manner that--
       ``(i) provides data on each indicator, for all students and 
     disaggregated by each of the categories of students, as 
     defined in subsection (b)(3)(A); and
       ``(ii) is based on the indicators described in clauses (v), 
     (vii), (x), (xiii), and (xiv) of subsection (d)(1)(C) and not 
     less than 3 of the following:

       ``(I) access to qualified paraprofessionals, and 
     specialized instructional support personnel, who are 
     certified or licensed by the State;
       ``(II) availability of health and wellness programs;
       ``(III) availability of dedicated school library programs 
     and modern instructional materials and school facilities;
       ``(IV) enrollment in early childhood education programs and 
     full-day, 5-day-a-week kindergarten; and
       ``(V) availability of core academic subject courses;

       ``(O) how the State will develop plans with local 
     educational agencies, including a timeline with annual 
     benchmarks, to address disparities identified under 
     subparagraph (N) and, if a local educational agency does not 
     achieve the applicable annual benchmarks for two consecutive 
     years, how the State will allocate resources and supports to 
     such local educational agency based on the identified needs;
       On page 82, between lines 23 and 24, insert the following:
       ``(xviii) Information on the indicators of student access 
     to critical educational resources selected by the State, as 
     described in subsection (c)(1)(N), for all students and 
     disaggregated by each of the categories of students, as 
     defined in subsection (b)(3)(A), for each local educational 
     agency and each school in the State and by the categories 
     described in clause (vii).
       On page 115, after line 25, add the following:
       ``(3) Resource, support, and program availability.--A local 
     educational agency that receives funds under this part shall 
     notify the parents of each student attending any school 
     receiving funds under this part that the parents may request, 
     and the agency will provide the parents on request (and in a 
     timely manner), information regarding the availability of 
     critical educational resources, supports, and programs, as 
     described in the State plan in accordance with section 
     1111(c)(1)(N).
                                 ______
                                 
  SA 2162. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:

       On page 52, strike line 3 and all that follows through line 
     9 and insert the following:
       ``(K) Parental notification and opt-out.--
       ``(i) Notification.--Each State receiving funds under this 
     part shall ensure that the parents of each child in the State 
     who are scheduled to take an assessment described in this 
     paragraph during the academic year are notified, at the 
     beginning of that academic year, about any such assessment 
     that their child is scheduled to take and the following 
     information about each such assessment:

       ``(I) The dates when the assessment will take place.
       ``(II) The subject of the assessment.
       ``(III) Any additional information that the State believes 
     will best inform parents regarding the assessment their child 
     is scheduled to take.

       ``(ii) Delayed or changed assessment information.--If any 
     of the information described in clause (i) is not available 
     at the beginning of the academic school year, or if the 
     initial information provided at that time is changed, the 
     State shall ensure that a subsequent notification is provided 
     to parents not less than 14 days prior to the scheduled 
     assessment, which shall include any new or changed 
     information.
       ``(iii) Opt-out.--

       ``(I) In general.--Notwithstanding the requirement 
     described in section

[[Page S4880]]

     1111(b)(3)(B)(vi), or any other provision of law, upon the 
     request of the parent of a child made in accordance with 
     subclause (II), and for any reason or no reason at all stated 
     by the parent, a State shall allow the child to opt out of 
     the assessments described in this paragraph. Such an opt-out, 
     or any action related to that opt-out, may not be used by the 
     Secretary, the State, any State or local agency, or any 
     school leader or employee as the basis for any corrective 
     action, penalty, or other consequence against the parent, the 
     child, any school leader or employee, or the school.
       ``(II) Form of parental opt-out request.--Unless a State 
     has implemented an alternative process for parents to opt out 
     of assessments as described in this subparagraph, a parent 
     shall request to have their child opt out of an assessment by 
     submitting such request to their child's school in writing.

       ``(iv) Applicability.--The requirements relating to 
     notification and opt-out in this subparagraph shall only 
     apply to federally mandated assessments. A State may 
     implement separate requirements for notification and opt-out 
     relating to State and locally mandated assessments.''.
       On page 58, on line 21, after ``paragraph (2)'' insert 
     ``(except that such 95 percent requirements shall exclude any 
     student who, pursuant to paragraph (2)(K), opts out of an 
     assessment)''.
                                 ______
                                 
  SA 2163. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:

       After section 9115, insert the following:

     SEC. 9116. RULE OF CONSTRUCTION REGARDING TRAVEL TO AND FROM 
                   SCHOOL.

       Subpart 2 of part F of title IX (20 U.S.C. 7901 et seq.), 
     as amended by sections, 9114 and 9115, and redesignated by 
     section 9601, is further amended by adding at the end the 
     following:

     ``SEC. 9539A. RULE OF CONSTRUCTION REGARDING TRAVEL TO AND 
                   FROM SCHOOL.

       ``Nothing in this Act shall authorize the Secretary to, or 
     shall be construed to--
       ``(1) prohibit a child from traveling to and from school on 
     foot or by car, bus, or bike when the parent of the child has 
     given permission; or
       ``(2) expose a parent to civil or criminal charges for 
     allowing their child to responsibly and safely travel to and 
     from school by a means the parent believes is age 
     appropriate.''.
                                 ______
                                 
  SA 2164. Mr. ISAKSON submitted an amendment intended to be proposed 
to amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:

       On page 44, strike lines 19 through 25.
       On page 47, lines 19 through 21, strike ``, consistent with 
     the 1 percent limitation of clause (i)(I)''.
                                 ______
                                 
  SA 2165. Mr. ISAKSON submitted an amendment intended to be proposed 
to amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:

       On page 58, line 19, insert ``(excluding students whose 
     parent opts the student out of assessments under paragraph 
     (2) in accordance with a State or local educational agency 
     policy, procedure, or parental right regarding student 
     participation in any mandated assessments for the student)'' 
     after ``students,''.
                                 ______
                                 
  SA 2166. Mr. BROWN (for himself, Mr. Casey, and Mr. Coons) submitted 
an amendment intended to be proposed to amendment SA 2089 submitted by 
Mr. Alexander (for himself and Mrs. Murray) to the bill S. 1177, to 
reauthorize the Elementary and Secondary Education Act of 1965 to 
ensure that every child achieves; which was ordered to lie on the 
table; as follows:

       After part B of title X, insert the following:

                  PART C--AMERICORPS SCHOOL TURNAROUND

     SEC. 10301. SHORT TITLE.

       This part may be cited as the ``AmeriCorps School 
     Turnaround Act of 2015''

     SEC. 10302. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds the following:
       (1) Students are most successful when they have personal, 
     attentive support.
       (2) Turning schools around requires collaboration among 
     teachers, administrators, counselors, business leaders, the 
     philanthropic sector, and community members.
       (3) National service provides valuable support to 
     elementary schools and secondary schools and has a record for 
     improving student academic achievement.
       (b) Purposes.--The purposes of this part are to--
       (1) strengthen and accelerate interventions in the lowest-
     performing elementary schools and secondary schools;
       (2) provide financial support to eligible entities that 
     serve low-performing schools;
       (3) significantly improve outcomes for students in 
     persistently low-performing schools by--
       (A) providing opportunities for academic enrichment;
       (B) extending learning time; and
       (C) providing individual support for students; and
       (4) improve high school graduation rates and college 
     readiness for the most disadvantaged students.

     SEC. 10303. DEFINITIONS.

       In this part:
       (1) Chief executive officer.--The term ``Chief Executive 
     Officer'' means the Chief Executive Officer of the 
     Corporation for National and Community Service appointed 
     under section 193 of the National and Community Service Act 
     of 1990 (42 U.S.C. 12651c).
       (2) Eligible entity.--The term ``eligible entity'' means--
       (A) an elementary school or secondary school; or
       (B) any of the following entities that serve low-performing 
     schools:
       (i) Public or private nonprofit organizations, including 
     faith-based and other community organizations.
       (ii) Local educational agencies.
       (iii) Institutions of higher education.
       (iv) Government entities within States.
       (v) Indian Tribes.
       (vi) Labor organizations.
       (3) Low-performing school.--The term ``low-performing 
     school'' means an elementary school or secondary school that 
     is identified under section 1116 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6316).
       (4) National service participant.--The term ``national 
     service participant'' means an individual described under 
     part III of the National and Community Service Act of 1990 
     (42 U.S.C. 12591 et seq.).
       (5) School turnaround corps project.--The term ``School 
     Turnaround Corps project'' means a project carried out by an 
     eligible entity that is a permissible use of funds for a 
     grant under this part.
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of Education.

     SEC. 10304. INTERAGENCY AGREEMENT FOR SCHOOL TURNAROUND 
                   GRANTS.

       (a) Interagency Agreement.--
       (1) In general.--The Chief Executive Officer shall enter 
     into an interagency agreement with the Secretary similar to 
     an interagency agreement described in section 121(b)(1) of 
     the National and Community Service Act of 1990 (42 U.S.C. 
     12571(b)(1)) regarding the grant program described in section 
     10305, except that funds appropriated under this part may be 
     used as if for the purposes for which funds may be provided 
     through grants under section 121(a) of the National and 
     Community Service Act of 1990 (42 U.S.C. 12571(a)).
       (2) Amendment to the ncsa.--Section 121(b) of such Act (42 
     U.S.C. 12571(b)) is amended by adding at the end the 
     following:
       ``(6) School turnaround grant interagency agreement.--
     Notwithstanding paragraph (1), the Corporation shall enter 
     into an interagency agreement similar to an interagency 
     agreement described in paragraph (1) with the Secretary of 
     Education under this subsection regarding the school 
     turnaround grant program described in section 10305 of the 
     AmeriCorps School Turnaround Act of 2015.''.
       (b) Approved National Service Positions.--
       (1) In general.--The Chief Executive Officer shall approve 
     positions for School Turnaround Corps projects as approved 
     national service positions in accordance with subtitle C of 
     title I of the National and Community Service Act of 1990 (42 
     U.S.C. 12571 et seq.).
       (2) Distribution of assistance and approved positions 
     unaffected.--Nothing in this part shall be construed to 
     affect the distribution of assistance or approved national 
     service positions under section 129 of the National and 
     Community Service Act of 1990 (42 U.S.C. 12581).
       (c) Treatment of Funds Appropriated.--
       (1) National service trust.--For purposes of section 
     145(a)(1) of the National and Community Service Act of 1990 
     (42 U.S.C. 12601(a)(1)), a portion of the funds appropriated 
     under this part, as determined by the Chief Executive Officer 
     based on the number of participants selected for School 
     Turnaround Corps projects, shall be treated as funds made 
     available to carry out subtitle D of title I of the National 
     and Community Service Act of 1990 (42 U.S.C. 12601 et seq.).
       (2) Investment of trust funds.--For purposes of subsection 
     (b) of section 145 of the National and Community Service Act 
     of 1990 (42 U.S.C. 12601), a portion of the funds 
     appropriated under this part, as determined by the Chief 
     Executive Officer based on the number of participants 
     selected for School Turnaround Corps projects, shall be 
     treated as if appropriated to the Trust established under 
     such section.
       (3) Reserve account.--For purposes of section 
     149(b)(1)(B)(ii) of the National and Community Service Act of 
     1990 (42 U.S.C.

[[Page S4881]]

     12606(b)(1)(B)(ii)), a portion of the funds appropriated 
     under this part, as determined by the Chief Executive Officer 
     based on the number of participants selected for School 
     Turnaround Corps projects, shall be treated as funds 
     appropriated for the fiscal year involved under section 501 
     of the National and Community Service Act of 1990 (42 U.S.C. 
     12681) and made available to carry out subtitle C or D of 
     title I of such Act (42 U.S.C. 12571 et seq.; 42 U.S.C. 12601 
     et seq.).
       (4) Audits.--For purposes of section 149(c) of the National 
     and Community Service Act of 1990 (42 U.S.C. 12606(c)), funds 
     appropriated under this part shall be treated as appropriated 
     funds for approved national service positions.

     SEC. 10305. SCHOOL TURNAROUND GRANT PROGRAM.

       (a) In General.--From amounts made available under this 
     part after the reservation described in subsection (b), the 
     Chief Executive Officer, in consultation with the Secretary, 
     shall award grants, on a competitive basis, to eligible 
     entities to enable such eligible entities--
       (1) to improve the academic achievement of elementary 
     school and secondary school students; and
       (2) to select national service participants and engage such 
     participants' in School Turnaround Corps projects.
       (b) Amounts Reserved.--The Chief Executive Officer shall 
     reserve not less than 1 percent, and not more than 2 percent, 
     of the amount appropriated to carry out this part for each 
     fiscal year to award grants under this part to Indian tribes 
     and organizations serving tribal populations.
       (c) Priority.--In making grants under this part, the Chief 
     Executive Officer, in consultation with the Secretary--
       (1) shall give priority to eligible entities that will 
     serve significant populations of low-income students; and
       (2) may give priority to eligible entities that--
       (A) are located in low-income communities;
       (B) will serve communities with significant populations of 
     families with limited English proficiency;
       (C) will place national service participants in urban or 
     rural areas; or
       (D) will increase the ability of educators to provide 
     appropriate services and coordinate activities with State and 
     local systems providing services under part B of the 
     Individuals with Disabilities Education Act (20 U.S.C. 1411 
     et seq.) for children with developmental delays or 
     disabilities, including such children in the child welfare 
     system of the State.
       (d) Use of Funds.--
       (1) In general.--An eligible entity that receives a grant 
     under this section shall use the funds made available through 
     the grant to carry out 1 or more of the activities described 
     in paragraphs (2) through (6), and shall engage national 
     service participants to carry out such activities.
       (2) Increasing high-quality, individualized learning 
     time.--Improving the quality and frequency of individualized 
     learning time provided to elementary school and secondary 
     school students by providing individualized support, which 
     may include increasing postsecondary education enrollment 
     rates through postsecondary education preparation counseling 
     assistance, including assistance with completing the Free 
     Application for Federal Student Aid (FAFSA) and applications 
     for institutions of higher education, and educating students 
     and their families about financial literacy for postsecondary 
     education.
       (3) Out-of-school and extended learning programs.--
     Increasing personalized, out-of-school and extended learning 
     programs provided to elementary school and secondary school 
     students by engaging national service participants to serve 
     as--
       (A) tutors who provide individualized, academic support 
     outside of the standard school day; and
       (B) family resource mentors who connect the student, 
     family, and school in an open conversation about the 
     student's academic situation.
       (4) College and career readiness and graduation coaches.--
     The provision of individual graduation, postsecondary 
     education, and career preparation guidance and assistance by 
     college or career planing advisors.
       (5) Schoolwide activities.--Carrying out schoolwide 
     activities, including--
       (A) establishing a school culture and environment that 
     improves school safety, attendance, and discipline and 
     addressing other non-academic factors that impact student 
     achievement, such as students' social, emotional, and health 
     needs; and
       (B) carrying out activities to increase graduation rates, 
     such as early warning systems, credit-recovery programs, and 
     re-engagement strategies.
       (6) Accelerating reading and mathematics knowledge and 
     skills.--The provision of activities to accelerate students' 
     acquisition of reading and mathematics knowledge and skills.

     SEC. 10306. ANNUAL REPORT.

       (a) In General.--As a condition on receipt of any funds for 
     a program under this part, each grantee shall agree to submit 
     an annual report at such time, in such manner, and containing 
     such information as the Chief Executive Officer, in 
     consultation with the Secretary, may require.
       (b) Content.--At a minimum, each annual report under this 
     subsection shall describe--
       (1) the degree to which progress has been made toward 
     meeting the annual benchmarks and long-term goals and 
     objectives described in the grant recipient's application; 
     and
       (2) demographic data about low-performing schools, 
     including the number of low-income and minority students, 
     served in each program.

     SEC. 10307. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to carry out this 
     part $25,000,000 for fiscal year 2016, and such sums as may 
     be necessary for each of the 5 succeeding fiscal years.
                                 ______
                                 
  SA 2167. Mr. SCHATZ submitted an amendment intended to be proposed to 
amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:

       At the end of title V, insert the following:

     SEC. 5011. IMPROVING EDUCATION FACILITIES.

       Title V (20 U.S.C. 7201 et seq.), as amended by section 
     5010, is further amended by adding at the end the following:

 ``PART J--SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, CAREER, AND 
                          TECHNICAL FACILITIES

     ``SEC. 5911. DEFINITIONS.

       ``In this part:
       ``(1) Career and technical education.--The term `career and 
     technical education' has the meaning given the term in 
     section 3 of the Carl D. Perkins Career and Technical 
     Education Act of 2006,
       ``(2) Community college.--The term `community college' 
     means--
       ``(A) a junior or community college, as that term is 
     defined in section 312(f) of the Higher Education Act of 
     1965; or
       ``(B) an institution of higher education (as defined in 
     section 101 of such Act) that awards a significant number of 
     degrees and certificates, as determined by the Secretary, 
     that are not--
       ``(i) baccalaureate degrees (or an equivalent); or
       ``(ii) master's, professional, or other advanced degrees.
       ``(3) Eligible entity.--The term `eligible entity' means a 
     local educational agency, community college, or other entity 
     determined appropriate by the Secretary.
       ``(4) Qualified project.--The term `qualified project'--
       ``(A) means the modernization, renovation, or repair of a 
     facility that will be used to improve the quality and 
     availability of science, technology, engineering, 
     mathematics, or career and technical education instruction to 
     public elementary school or secondary school, or community 
     college, students, and that may include--
       ``(i) improving the energy efficiency of the facility;
       ``(ii) improving the cost-effectiveness of the facility in 
     delivering quality education;
       ``(iii) improving student, faculty, and staff health and 
     safety at the facility;
       ``(iv) improving, installing, or upgrading educational 
     technology infrastructure;
       ``(v) retrofitting an existing building for career and 
     technical education purposes; and
       ``(vi) a one-time repair of serviceable equipment at the 
     facility, or replacement of equipment at the facility that is 
     at the end of its serviceable lifespan, that will be used to 
     further educational outcomes; and
       ``(B) does not include new construction or the payment of 
     routine maintenance costs.

     ``SEC. 5912. SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, 
                   CAREER, AND TECHNICAL FACILITIES IMPROVEMENT.

       ``(a) Program Authorized.--From amounts appropriated under 
     subsection (g), the Secretary shall carry out a program to 
     improve science, technology, engineering, mathematics, or 
     career and technical education facilities by--
       ``(1) awarding grants to eligible entities to enable the 
     eligible entities to carry out qualified projects;
       ``(2) guaranteeing loans made to eligible entities for 
     qualified projects; or
       ``(3) making payments of interest on bonds, loans, or other 
     financial instruments (other than a refinancing) that are 
     issued to eligible entities for qualified projects.
       ``(b) Application.--An eligible entity that desires to 
     receive a grant, loan guarantee, or payment of interest under 
     this part shall submit an application to the Secretary at 
     such a time, in such a manner, and containing such 
     information as the Secretary may require. The application 
     shall include--
       ``(1) a detailed description of the qualified project;
       ``(2) in the case of a qualified project described in 
     section 5911(4)(A)(vi), a description of the educational 
     outcomes to be furthered by the one-time repair of 
     serviceable equipment or replacement of equipment;
       ``(3) an indication as to whether the eligible entity 
     prefers to receive a grant, loan guarantee, or payment of 
     interest;
       ``(4) a description of the need for the qualified project;
       ``(5) a description of how the eligible entity will ensure 
     that the qualified project will be adequately maintained;
       ``(6) an identification of any public elementary school or 
     secondary school or community college that will benefit from 
     the qualified project;

[[Page S4882]]

       ``(7) a description of how the qualified project will 
     improve instruction and educational outcomes at the facility, 
     including any opportunities to integrate project activities 
     within the curriculum of such school or community college;
       ``(8) a description of how the facility supported by the 
     qualified project will be used for providing educational 
     services in science, technology, engineering, mathematics, or 
     career and technical education;
       ``(9) a description of how the eligible entity will ensure 
     that the modernization, renovation, or repair supported by 
     the qualified project meets Leadership in Energy and 
     Environmental Design (LEED) building rating standards, Energy 
     Star standards, Collaborative for High Performance Schools 
     (CHPS) criteria, Green Building Initiative environmental 
     design and rating standards (Green Globes), the Living 
     Building Challenge certification standards, or equivalent 
     standards adopted by entities with jurisdiction over or 
     related to the eligible entity;
       ``(10) a description of the fiscal capacity of the eligible 
     entity;
       ``(11) the percentage of students enrolled in the public 
     elementary school or secondary school or community college to 
     be served by the qualified project who are from low-income 
     families;
       ``(12) in the case of a qualified project at a facility 
     that is used by students in a secondary school, the secondary 
     school graduation rates; and
       ``(13) such additional information and assurances as the 
     Secretary may require.
       ``(c) Priority.--In making awards under this part, the 
     Secretary shall use not less than a total of 25 percent of 
     the funds appropriated under subsection (g) to eligible 
     entities for qualified projects to benefit--
       ``(1) public elementary schools or secondary schools served 
     by high-need local educational agencies, as described in 
     section 2202(b)(2)(A); or
       ``(2) community colleges serving a substantial number of 
     rural students, as determined by the Secretary.
       ``(d) Supplement Not Supplant.--Funds made available under 
     this part shall be used to supplement, and not supplant, 
     other Federal and State funds available to carry out the 
     activities supported under this part.
       ``(e) Technical Assistance and Administrative Costs.--The 
     Secretary may reserve not more than 3 percent of funds 
     appropriated under subsection (g) for the administrative 
     costs of this part and to provide technical assistance to 
     community colleges and local educational agencies concerning 
     best practices in school facility renovation, repair, and 
     modernization.
       ``(f) Reporting Requirements.--Not later than 1 year after 
     funds are appropriated to carry out this part, and every 2 
     years thereafter, the Secretary shall prepare and submit to 
     the appropriate committees of Congress a report on the effect 
     of the qualified projects supported under this part on 
     improving academic achievement.
       ``(g) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this part such 
     sums as may be necessary for each of fiscal years 2016 
     through 2021.''.
                                 ______
                                 
  SA 2168. Mr. SCHATZ submitted an amendment intended to be proposed to 
amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:

       On page 630, between lines 4 and 5, insert the following:

                      ``PART J--SCHOOL FACILITIES

     ``SEC. 5910. GRANTS FOR SCHOOL REPAIR, RENOVATION, AND 
                   CONSTRUCTION.

       ``(a) Definitions.--In this section:
       ``(1) Charter school.--The term `charter school' has the 
     meaning given the term in section 5110.
       ``(2) CHPS criteria.--The term `CHPS Criteria' means the 
     green building rating criteria developed by the Collaborative 
     for High Performance Schools.
       ``(3) Early learning facility.--The term `early learning 
     facility' means a public facility that--
       ``(A) serves children who are not yet in kindergarten; and
       ``(B) is under the jurisdiction of a local educational 
     agency.
       ``(4) Energy star.--The term `Energy Star' means the Energy 
     Star program of the Department of Energy and the 
     Environmental Protection Agency.
       ``(5) Green globes.--The term `Green Globes' means the 
     Green Building Initiative environmental design and rating 
     system.
       ``(6) High-need local educational agency.--The term `high-
     need local educational agency' has the meaning given the term 
     in section 2201(b)(2).
       ``(7) LEED green building rating system.--The term `LEED 
     Green Building Rating System' means the United States Green 
     Building Council Leadership in Energy and Environmental 
     Design green building rating system.
       ``(8) Living building challenge.--The term `Living Building 
     Challenge' means the Living Building Challenge building 
     certification program.
       ``(9) Public school facility.--The term `public school 
     facility' means a public elementary or secondary school 
     facility, including a public charter school facility or an 
     existing facility planned for adaptive reuse as a public 
     charter school facility.
       ``(10) Rural local educational agency.--The term `rural 
     local educational agency' means a local educational agency 
     that meets the eligibility requirements under--
       ``(A) section 6211(b) for participation in the program 
     described in subpart 1 of part B of title VI; or
       ``(B) section 6221(b)(1) for participation in the program 
     described in subpart 2 of part B of title VI.
       ``(11) State.--The term `State' means each of the several 
     states of the United States, the District of Columbia, and 
     the Commonwealth of Puerto Rico.
       ``(12) State entity.--The term `State entity' has the 
     meaning given the term in section 5103.
       ``(b) Allocation of Funds.--
       ``(1) Reservations.--From the funds appropriated under 
     subsection (i) for a fiscal year, the Secretary shall reserve 
     1 percent to provide assistance to the outlying areas and for 
     payments to the Secretary of the Interior to provide 
     assistance to schools funded by the Bureau of Indian 
     Education. Funds allocated under this paragraph shall be 
     reserved by the Secretary for distribution among the outlying 
     areas and the Secretary of the Interior on the basis of their 
     relative need for public elementary school and secondary 
     school repair, renovation, and construction, as determined by 
     the Secretary.
       ``(2) Allocation to state educational agencies.--From the 
     funds appropriated under subsection (i) for a fiscal year 
     that are not reserved under paragraph (1) for the fiscal 
     year, the Secretary shall allocate to each State educational 
     agency serving a State an amount that bears the same relation 
     to the funds as the amount the State received under part A of 
     title I for the fiscal year preceding the fiscal year for 
     which the determination is made bears to the amount all 
     States received under such part for such preceding fiscal 
     year, except that no such State educational agency shall 
     receive less than 0.5 percent of the amount allocated under 
     this subsection.
       ``(c) Within-State Distributions.--
       ``(1) Administrative and other costs.--
       ``(A) State educational agency administration and other 
     costs.--Except as provided in subparagraph (D), each State 
     educational agency may reserve not more than 1 percent of the 
     State educational agency's allocation under subsection (b) 
     for the purposes of administering the distribution of grants 
     under this subsection and awarding grants under subparagraph 
     (C)(v).
       ``(B) Required uses.--The State educational agency shall 
     use a portion of the funds reserved under subparagraph (A)--
       ``(i) to provide technical assistance to local educational 
     agencies; and
       ``(ii) to establish or support a State-level database of 
     public school facility inventory, condition, design, and 
     utilization, which shall include for each school facility--

       ``(I) the age of the facility;
       ``(II) the total square footage of the facility that is 
     used for academic or technical classroom instruction; and
       ``(III) the year of the last major renovation of the 
     facility.

       ``(C) Permissible uses.--The State educational agency may 
     use a portion of the funds reserved under subparagraph (A) 
     for--
       ``(i) developing a statewide public school educational 
     facility master plan;
       ``(ii) developing policies, procedures, and standards for 
     high-quality, energy efficient public school facilities;
       ``(iii) supporting interagency collaboration that will lead 
     to broad community use of public school facilities, and 
     school-based services for students served by high-need local 
     educational agencies or rural local educational agencies;
       ``(iv) helping to defray the cost of issuing State bonds to 
     finance public elementary school and secondary school repair, 
     renovation, and construction; and
       ``(v) awarding grants to State-operated or State-supported 
     schools, such as a State school for the deaf or for the 
     blind, to enable such schools to carry out school repair, 
     renovation, and construction activities in accordance with 
     subsection (d).
       ``(D) State entity administration and other costs.--If the 
     State educational agency transfers funds to a State entity 
     described in paragraph (2)(A), the State educational agency 
     shall transfer to such State entity not less than 75 percent 
     of the amount reserved under subparagraph (A) for the purpose 
     of carrying out the activities described in subparagraph (C).
       ``(2) Distribution of competitive school repair, 
     renovation, and construction grants to local educational 
     agencies.--
       ``(A) In general.--Of the funds allocated to a State 
     educational agency under subsection (b) that are not reserved 
     under paragraph (1), the State educational agency shall 
     distribute 100 percent of such funds to local educational 
     agencies or, if the State educational agency is not 
     responsible for the financing of public school facilities, 
     the State educational agency shall transfer such funds to the 
     State entity responsible for the financing of public school 
     facilities for distribution by such State entity to local 
     educational agencies in accordance with this paragraph, to be 
     used, consistent with subsection (d), for public elementary 
     school or secondary school repair, renovation, and 
     construction.
       ``(B) Competitive grants to local educational agencies.--
     The State educational agency or State entity shall carry out 
     a program to award grants, on a competitive

[[Page S4883]]

     basis, to local educational agencies for public elementary 
     school or secondary school repair, renovation, and 
     construction. Of the total amount available for distribution 
     to local educational agencies under this paragraph, the State 
     educational agency or State entity, shall, in carrying out 
     the grant competition--
       ``(i) award to high-need local educational agencies, in the 
     aggregate, not less than an amount which bears the same 
     relationship to such total amount as the aggregate amount 
     such high-need local educational agencies received under part 
     A of title I for the fiscal year preceding the fiscal year 
     for which the determination is made bears to the aggregate 
     amount received for such preceding fiscal year under such 
     part by all local educational agencies in the State;
       ``(ii) award to rural local educational agencies in the 
     State, in the aggregate, not less than an amount which bears 
     the same relationship to such total amount as the aggregate 
     amount such rural local educational agencies received under 
     part A of title I for the fiscal year preceding the fiscal 
     year for which the determination is made bears to the 
     aggregate amount received for such preceding fiscal year 
     under such part by all local educational agencies in the 
     State; and
       ``(iii) award the remaining funds to local educational 
     agencies in the State that did not receive a grant award 
     under clause (i) or (ii), including to high-need local 
     educational agencies and rural local educational agencies 
     that did not receive a grant award under clause (i) or (ii).
       ``(C) Criteria for awarding grants.--In awarding 
     competitive grants under this paragraph, a State educational 
     agency or State entity shall take into account the following 
     criteria:
       ``(i) Percentage of poor children.--The percentage of 
     children served by the local educational agency who are 
     between 5 to 17 years of age, inclusive, and who are from 
     families with incomes below the poverty line.
       ``(ii) Need for school repair, renovation, and 
     construction.--The need of a local educational agency for 
     school repair, renovation, and construction, as demonstrated 
     by the condition of the public school facilities of the local 
     educational agency or the local educational agency's need for 
     such facilities.
       ``(iii) Green schools.--The extent to which a local 
     educational agency will make use, in the repair, renovation, 
     or construction to be undertaken, of green practices that are 
     certified, verified, or consistent with any applicable 
     provisions of--

       ``(I) the LEED Green Building Rating System;
       ``(II) Energy Star;
       ``(III) the CHPS Criteria;
       ``(IV) the Living Building Challenge;
       ``(V) Green Globes; or
       ``(VI) an equivalent program adopted by the State or 
     another jurisdiction with authority over the local 
     educational agency.

       ``(iv) Fiscal capacity.--The fiscal capacity of a local 
     educational agency to meet the needs of the local educational 
     agency for repair, renovation, and construction of public 
     school facilities without assistance under this section, 
     including the ability of the local educational agency to 
     raise funds through the use of local bonding capacity and 
     otherwise.
       ``(v) Likelihood of maintaining the facility.--The 
     likelihood that a local educational agency will maintain, in 
     good condition, any public school facility whose repair, 
     renovation, or construction is assisted under this section.
       ``(vi) Charter school equitable access to funding.--In the 
     case of a local educational agency that proposes to fund a 
     repair, renovation, or construction project for a public 
     charter school, the extent to which the public charter school 
     lacks access to funding for school repair, renovation, and 
     construction through the financing methods available to other 
     public schools or local educational agencies in the State.
       ``(D) Matching requirement.--
       ``(i) In general.--A State educational agency or State 
     entity shall require local educational agencies to match 
     funds awarded under this paragraph.
       ``(ii) Match amount.--The amount of a match described in 
     clause (i) may be established by using a sliding scale that 
     takes into account the relative poverty of the population 
     served by the local educational agency.
       ``(d) Rules Applicable to School Repair, Renovation, and 
     Construction.--With respect to funds made available under 
     this section that are used for school repair, renovation, and 
     construction, the following rules shall apply:
       ``(1) Permissible uses of funds.--School repair, 
     renovation, and construction shall be limited to 1 or more of 
     the following:
       ``(A) Upgrades, repair, construction, or replacement of 
     public elementary school or secondary school building systems 
     or components to improve the quality of education and ensure 
     the health and safety of students and staff, including--
       ``(i) repairing, replacing, or constructing early learning 
     facilities at public elementary schools (including renovation 
     of existing facilities to serve children under 5 years of 
     age);
       ``(ii) repairing, replacing, or installing roofs, windows, 
     doors, electrical wiring, plumbing systems, or sewage 
     systems;
       ``(iii) repairing, replacing, or installing heating, 
     ventilation, or air conditioning systems (including 
     insulation); and
       ``(iv) bringing such public schools into compliance with 
     fire and safety codes.
       ``(B) Public school facilities modifications necessary to 
     render public school facilities accessible in order to comply 
     with the Americans with Disabilities Act of 1990 (42 U.S.C. 
     12101 et seq.) and section 504 of the Rehabilitation Act of 
     1973 (29 U.S.C. 794).
       ``(C) Improvements to the environmental conditions of 
     public elementary school or secondary school sites, including 
     asbestos abatement or removal, and the reduction or 
     elimination of human exposure to lead-based paint, mold, or 
     mildew.
       ``(D) Measures designed to reduce or eliminate human 
     exposure to classroom noise and environmental noise 
     pollution.
       ``(E) Modifications necessary to reduce the consumption of 
     electricity, natural gas, oil, water, coal, or land.
       ``(F) Upgrades or installations of educational technology 
     infrastructure to ensure that students have access to up-to-
     date educational technology.
       ``(G) Measures that will broaden or improve the use of 
     public elementary school or secondary school buildings and 
     grounds by the community in order to improve educational 
     outcomes.
       ``(2) Impermissible uses of funds.--No funds received under 
     this section may be used for--
       ``(A) payment of maintenance costs in connection with any 
     projects constructed in whole or part with Federal funds 
     provided under this section;
       ``(B) purchase or upgrade of vehicles;
       ``(C) improvement or construction of stand-alone facilities 
     whose purpose is not the education of children, including 
     central office administration or operations or logistical 
     support facilities;
       ``(D) purchase of information technology hardware, 
     including computers, monitors, or printers;
       ``(E) stadiums or other facilities primarily used for 
     athletic contests or exhibitions or other events for which 
     admission is charged to the general public; or
       ``(F) purchase of carbon offsets.
       ``(3) Supplement, not supplant.--A local educational agency 
     or State-operated or State-supported school shall use Federal 
     funds subject to this subsection only to supplement the 
     amount of funds that would, in the absence of such Federal 
     funds, be made available from non-Federal sources for school 
     repair, renovation, and construction.
       ``(e) Qualified Bidders; Competition.--Each local 
     educational agency that receives funds under subsection 
     (c)(2) shall ensure that, if the local educational agency 
     carries out repair, renovation, or construction through a 
     contract, any such contract process ensures the maximum 
     number of qualified bidders, including small, minority, and 
     women-owned businesses, through full and open competition.
       ``(f) Public Comment.--Each local educational agency 
     receiving funds under subsection (c)(2)--
       ``(1) shall provide an opportunity for public comment, and 
     ensure that parents, educators, and all other interested 
     members of the community in which the school to be assisted 
     is located have the opportunity to consult, on the use of the 
     funds received under such subsection;
       ``(2) shall provide the public with adequate and efficient 
     notice of the opportunity described in paragraph (1) in a 
     widely read and distributed medium; and
       ``(3) shall provide the opportunity described in paragraph 
     (1) in accordance with any applicable State and local law 
     specifying how the comments may be received and how the 
     comments may be reviewed by any member of the public.
       ``(g) Reporting.--
       ``(1) Local reporting.--Each local educational agency 
     receiving funds under subsection (c)(2) shall submit a report 
     to the State educational agency, at such time as the State 
     educational agency may require, describing the use of such 
     funds for school repair, renovation, and construction.
       ``(2) State reporting.--Each State educational agency 
     receiving funds under subsection (b) shall submit to the 
     Secretary, at such time as the Secretary may require, a 
     report on the use of funds received under this section and 
     made available to local educational agencies (and, if 
     applicable, to State-operated or State-sponsored schools) for 
     school repair, renovation, and construction.
       ``(h) Reallocation.--If a State educational agency does not 
     apply for an allocation of funds under subsection (b) for a 
     fiscal year, or does not use the State educational agency's 
     entire allocation for such fiscal year, then the Secretary 
     may reallocate the amount of the State educational agency's 
     allocation (or the remainder thereof, as the case may be) for 
     such fiscal year to the remaining State educational agencies 
     in accordance with subsection (b).
       ``(i) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section, $1,000,000,000 
     for fiscal year 2016, and such sums as may be necessary for 
     each of fiscal years 2017 through 2021.

     ``SEC. 5911. NATIONAL CENTER FOR EDUCATION STATISTICS STUDY.

       ``(a) In General.--The Commissioner of the National Center 
     for Education Statistics shall conduct a study of the 
     condition of public school facilities in the United States.
       ``(b) Estimates and Measures.--In conducting the study, the 
     Commissioner of the

[[Page S4884]]

     National Center for Education Statistics shall--
       ``(1) estimate the costs needed to repair and renovate all 
     public elementary schools and secondary schools in the United 
     States to good overall condition; and
       ``(2) measure recent expenditures of Federal, State, local, 
     and private funds for public elementary school and secondary 
     school repair, renovation, and construction costs in the 
     United States.
       ``(c) Analysis.--In conducting the study, the Commissioner 
     of the National Center for Education Statistics shall examine 
     trends in expenditures of Federal, State, local, and private 
     funds since fiscal year 2001 for repair, renovation, and 
     construction activities for public elementary schools and 
     secondary schools in the United States, including examining 
     the differences between the types of schools assisted, and 
     the types of repair, renovation, and construction activities 
     conducted, with those expenditures.
       ``(d) Report.--The Commissioner of the National Center for 
     Education Statistics shall prepare and submit to Congress a 
     report containing the results of the study.''.
                                 ______
                                 
  SA 2169. Mr. BOOKER submitted an amendment intended to be proposed to 
amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:

       On page 76, line 13, insert ``and for purposes of subclause 
     (II), homeless status and status as a child in foster care,'' 
     after ``(b)(3)(A),''.

                                 ______
                                 
  SA 2170. Mr. BOOKER submitted an amendment intended to be proposed to 
amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:

       On page 623, strike line 8 and insert the following:
       ``(14) a description of how the State will support, through 
     the use of professional development, early childhood 
     education programs that maintain disciplinary policies that 
     do not include expulsion or suspension of participating 
     children, except as a last resort in extraordinary 
     circumstances where--
       ``(A) there is a determination of a serious safety threat; 
     and
       ``(B) policies are in place to provide appropriate 
     alternative early educational services to expelled or 
     suspended children while they are out of school; and''.
                                 ______
                                 
  SA 2171. Ms. HEITKAMP submitted an amendment intended to be proposed 
to amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:

       On page 492, after line 22, insert the following:

     SEC. 4006. GRANTS FOR THE INTEGRATION OF SCHOOLS AND MENTAL 
                   HEALTH SYSTEMS.

       Title IV (20 U.S.C. 7101 et seq.), as amended by sections 
     4001, 4004, and 4005, is further amended by adding at the end 
     the following:

       ``PART E--GRANTS TO IMPROVE THE MENTAL HEALTH OF CHILDREN

     ``SEC. 4501. GRANTS FOR THE INTEGRATION OF SCHOOLS AND MENTAL 
                   HEALTH SYSTEMS.

       ``(a) Authorization.--The Secretary is authorized to award 
     grants to, or enter into contracts or cooperative agreements 
     with, State educational agencies, local educational agencies, 
     Indian tribes or their tribal education agency, a school 
     operated by the Bureau of Indian Education, or a Regional 
     Corporation (as defined in section 3 of the Alaska Native 
     Claims Settlement Act (43 U.S.C. 1602)) for the purpose of 
     increasing student access to quality mental health care and 
     support by developing innovative programs to link local 
     school systems with local mental health systems, such as 
     those under the Indian Health Service.
       ``(b) Duration.--With respect to a grant, contract, or 
     cooperative agreement awarded or entered into under this 
     section, the period during which payments under such grant, 
     contract or agreement are made to the recipient may not 
     exceed 5 years.
       ``(c) Use of Funds.--An entity that receives a grant, 
     contract, or cooperative agreement under this section shall 
     use amounts made available through such grant, contract, or 
     cooperative agreement for the following:
       ``(1) To enhance, improve, or develop collaborative efforts 
     between school-based service systems and mental health 
     service systems to provide, enhance, or improve prevention, 
     diagnosis, and treatment services to students.
       ``(2) To enhance the availability of crisis intervention 
     services and conflict resolution practices, such as those 
     focused on decreasing rates of bullying, teen dating 
     violence, suicide, trauma, and human trafficking (defined as 
     an act or practice described in paragraph (9) or (10) of 
     section 103 of the Trafficking Victims Protection Act of 2000 
     (22 U.S.C. 7102)), as well as provide appropriate referrals 
     for students potentially in need of mental health services, 
     and ongoing mental health services.
       ``(3) To provide training and professional development for 
     the school personnel and mental health professionals who will 
     participate in the program carried out under this section.
       ``(4) To provide technical assistance and consultation to 
     school systems and mental health agencies as well as to 
     families participating in the program carried out under this 
     section.
       ``(5) To provide linguistically appropriate and culturally 
     competent services.
       ``(6) To evaluate the effectiveness of the program carried 
     out under this section in increasing student access to 
     quality mental health services, and make recommendations to 
     the Secretary about the sustainability of the program.
       ``(7) To engage and utilize expertise provided by 
     institutions of higher education, such as a Tribal College or 
     University, as defined in section 316(b) of the Higher 
     Education Act of 1965.
       ``(d) Applications.--To be eligible to receive a grant, 
     contract, or cooperative agreement under this section, an 
     entity described in subsection (a) shall submit an 
     application to the Secretary at such time, in such manner, 
     and containing such information as the Secretary may 
     reasonably require, such as the following:
       ``(1) A description of the program to be funded under the 
     grant, contract, or cooperative agreement.
       ``(2) A description of how such program will increase 
     access to quality mental health services for students.
       ``(3) A description of how the applicant will establish a 
     crisis intervention program or conflict resolution practices, 
     or both, that provide immediate mental health services to the 
     school community as necessary.
       ``(4) An assurance that--
       ``(A) persons providing services under the grant, contract, 
     or cooperative agreement are adequately trained to provide 
     such services;
       ``(B) the services will be provided in accordance with 
     subsection (c);
       ``(C) teachers, administrators, parents or guardians, 
     representatives of local Indian tribes, and other school 
     personnel are aware of the program; and
       ``(D) parents or guardians of students participating in 
     services under this section will be engaged and involved in 
     the design and implementation of the services.
       ``(5) An assurance that the applicant will support and 
     integrate existing school-based services with the program in 
     order to provide appropriate mental health services for 
     students.
       ``(6) An assurance that the applicant will establish a 
     program that will support students and the school in 
     improving the school climate in order to support an 
     environment conducive to learning.
       ``(e) Interagency Agreements.--
       ``(1) Designation of lead agency.--A recipient of a grant, 
     contract, or cooperative agreement under this section shall 
     designate a lead agency to direct the establishment of an 
     interagency agreement among local educational agencies, 
     juvenile justice authorities, mental health agencies, and 
     other relevant entities in the State, in collaboration with 
     local entities, such as Indian tribes.
       ``(2) Contents.--The interagency agreement shall ensure the 
     provision of the services described in subsection (c), 
     specifying with respect to each agency, authority, or 
     entity--
       ``(A) the financial responsibility for the services;
       ``(B) the conditions and terms of responsibility for the 
     services, including quality, accountability, and coordination 
     of the services; and
       ``(C) the conditions and terms of reimbursement among the 
     agencies, authorities, or entities that are parties to the 
     interagency agreement, including procedures for dispute 
     resolution.
       ``(f) Evaluation.--The Secretary shall evaluate each 
     program carried out under this section and shall disseminate 
     the findings with respect to each such evaluation to 
     appropriate public, tribal, and private entities.
       ``(g) Distribution of Awards.--The Secretary shall ensure 
     that grants, contracts, and cooperative agreements awarded or 
     entered into under this section are equitably distributed 
     among the geographical regions of the United States and among 
     tribal, urban, suburban, and rural populations.
       ``(h) Rule of Construction.--Nothing in this section shall 
     be construed--
       ``(1) to prohibit an entity involved with a program carried 
     out under this section from reporting a crime that is 
     committed by a student to appropriate authorities; or
       ``(2) to prevent State and tribal law enforcement and 
     judicial authorities from exercising their responsibilities 
     with regard to the application of Federal, tribal, and State 
     law to crimes committed by a student.
       ``(i) Supplement, Not Supplant.--Any services provided 
     through programs carried out under this section shall 
     supplement, and not supplant, existing mental health 
     services, including any services required to be provided 
     under the Individuals with Disabilities Education Act.
       ``(j) Consultation With Indian Tribes.--In carrying out 
     subsection (a), the Secretary shall, in a timely manner, 
     meaningfully consult, engage, and cooperate with Indian

[[Page S4885]]

     tribes and their representatives to ensure notice of 
     eligibility.
       ``(k) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section such 
     sums as may be necessary for fiscal years 2016 through 
     2021.''.
                                 ______
                                 
  SA 2172. Mr. MERKLEY submitted an amendment intended to be proposed 
to amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:

       On page 101, between lines 16 and 17, insert the following:
       ``(11) how the local education agency will implement 
     strategies to facilitate effective transitions for students 
     from middle school to high school and from high school to 
     postsecondary education, including a description of the 
     specific transition activities the local education agency 
     will take, such as providing students with access to dual or 
     concurrent enrollment opportunities that enable students 
     during high school to earn postsecondary credit or an 
     industry-recognized credential that meets any quality 
     standards required by the State or utilizing comprehensive 
     career counseling to identify student interests and skills;
       ``(12) if determined appropriate by the local education 
     agency, how such agency will support programs that promote 
     integrated academic and career and technical education 
     content through coordinated instructional strategies, which 
     may incorporate experiential learning opportunities;''.
       On page 714, line 21, insert ``career and technical 
     education,'' after ``music,''.
       On page 595, after line 21, add the following:

     ``PART J--CAREER AND TECHNICAL EDUCATION EXPLORATION PROGRAMS

     ``SEC. 5910. SHORT TITLE.

       ``This part may be cited as the `Building Understanding, 
     Investment, Learning, and Direction Career and Technical 
     Education Act of 2015' or the `BUILD Career and Technical 
     Education Act of 2015'.

     ``SEC. 5911. FINDINGS.

       ``Congress finds the following:
       ``(1) The average high school graduation rate for students 
     concentrating in career and technical education programs is 
     93 percent.
       ``(2) Students at schools with highly integrated rigorous 
     academic and career and technical education programs have 
     significantly higher achievement in reading, mathematics, and 
     science than do students at schools with less integrated 
     programs.
       ``(3) Four out of 5 graduates of secondary-level career and 
     technical education programs who pursued postsecondary 
     education after secondary school had earned a credential or 
     were still enrolled in postsecondary education 2 years later.
       ``(4) Eighty percent of students taking a college 
     preparatory academic curriculum with rigorous career and 
     technical education programs met college and career readiness 
     goals, compared to only 63 percent of students taking the 
     same academic core who did not experience rigorous career and 
     technical education programs.

     ``SEC. 5912. PILOT GRANT PROGRAM TO SUPPORT CAREER AND 
                   TECHNICAL EDUCATION EXPLORATION PROGRAM IN 
                   MIDDLE SCHOOLS AND HIGH SCHOOLS.

       ``(a) Purposes.--The purposes of this part are the 
     following:
       ``(1) To provide students with opportunities to participate 
     in career and technical education exploration programs and to 
     provide information on available career and technical 
     education programs and their impact on college and career 
     readiness.
       ``(2) To expand professional growth of, and career 
     opportunities for, students through career and technical 
     education exploration programs.
       ``(3) To enhance collaboration between education providers 
     and employers.
       ``(4) To develop or enhance career and technical education 
     exploration programs with ties to a career and technical 
     education program of study.
       ``(5) To evaluate students' participation in coordinated 
     middle school and high school career and technical education 
     exploration programs.
       ``(b) Definition of Career and Technical Education 
     Exploration Program.--In this part, the term `career and 
     technical education exploration program' means a course or 
     series of courses that provides experiential learning 
     opportunities in 1 or more programs of study (including after 
     school and during the summer), as appropriate, and the 
     opportunity to connect experiential learning to education and 
     career pathways that is offered to middle school students or 
     high school students, or both.
       ``(c) Authorization of Grant Program.--
       ``(1) In general.--The Secretary shall award grants to 
     local educational agencies to support career and technical 
     education exploration programs.
       ``(2) Grant duration.--Grants awarded under this part shall 
     be 2 years in duration.
       ``(3) District capacity taken into account.--In awarding 
     grants under paragraph (1), the Secretary shall take into 
     account the resources and capacity of each local educational 
     agency that applies for a grant.
       ``(d) Applications.--A local educational agency that 
     desires to receive a grant under this part shall submit an 
     application to the Secretary at such time, in such manner, 
     and accompanied by such information as the Secretary may 
     require.
       ``(e) Priority.--In awarding grants under this part, the 
     Secretary shall give priority to grant proposals that--
       ``(1) demonstrate--
       ``(A) that a partnership among the local educational agency 
     and business, industry, labor, or institutions of higher 
     education, where appropriate to the grant project, exists and 
     will participate in carrying out grant activities under this 
     part;
       ``(B) innovative and sustainable design;
       ``(C) a curriculum aligned with State diploma requirements;
       ``(D) a focus on preparing students, including special 
     populations and nontraditional students, with opportunities 
     to explore careers and skills required for jobs in their 
     State and that provide high wages and are in demand;
       ``(E) a method of evaluating success; and
       ``(F) that the programs to be assisted with grant funds are 
     not receiving assistance under the Carl D. Perkins Career and 
     Technical Education Act of 2006 (20 U.S.C. 2301 et seq.); and
       ``(2) include an assurance that--
       ``(A) the local educational agency will fund the 
     operational costs of the activities described in this part 
     after the grant period expires; and
       ``(B) if the local educational agency charges a fee to 
     participate in the after school and summer components of the 
     career and technical education exploration program to be 
     carried out by the agency, the agency will implement such fee 
     on a sliding scale according to income and established in a 
     manner that makes participation financially feasible for all 
     students.
       ``(f) Uses of Funds.--
       ``(1) In general.--A local educational agency that receives 
     a grant under this part shall use the grant funds to carry 
     out any of the following:
       ``(A) Leasing, purchasing, upgrading, or adapting equipment 
     related to the content of career and technical education 
     exploration program activities.
       ``(B) Program director, instructor, or other staff expenses 
     to coordinate or implement program activities.
       ``(C) Consultation services with a direct alignment to the 
     program goals.
       ``(D) Support of professional development programs aligned 
     to the program goals.
       ``(E) Minor remodeling, if any, necessary to accommodate 
     new equipment obtained pursuant to subparagraph (A).
       ``(F) Evaluating the access to career and technical 
     education exploration programs and the impact such programs 
     have on the transition to career and technical programs of 
     study (as described in section 122(c)(1)(A) of the Carl D. 
     Perkins Career and Technical Education Act of 2006 (20 U.S.C. 
     2342(c)(1)(A))), or other postsecondary programs of study, 
     high school completion, and the number of students who earn 
     an industry-recognized credential, associate's degree, 
     bachelor's degree, or other career and technical education 
     related postsecondary credit in addition to a high school 
     diploma.
       ``(2) Use and ownership of materials or equipment.--Any 
     materials or equipment purchased with grant funds awarded 
     under this part shall be the property of the local 
     educational agency.
       ``(3) Administrative costs.--A local educational agency 
     that receives a grant under this part may use not more than 5 
     percent of the grant funds for administrative costs 
     associated with carrying out activities under this part.
       ``(g) Evaluations.--
       ``(1) In general.--A local educational agency that receives 
     a grant under this part shall develop an evaluation plan of 
     grant activities that shall include an evaluation of specific 
     outcomes, described in paragraph (2), and progress toward 
     meeting such outcomes within the timeline of the grant that 
     shall be measurable through collection of appropriate data or 
     documented through other records. Such evaluation shall 
     reflect the resources and capacity of the local educational 
     agency.
       ``(2) Outcomes.--The specific outcomes shall clearly 
     address the following areas:
       ``(A) The extent of student participation in career and 
     technical education exploration programs.
       ``(B) Improved rigor in technical or academic content 
     aligned to diploma requirements and industry recognized 
     technical standards.
       ``(C) Improved alignment between career and technical 
     education and other courses, including core academic 
     subjects.
       ``(D) The impact such programs have on the transition to 
     career and technical programs of study (as described in 
     section 122(c)(1)(A) of the Carl D. Perkins Career and 
     Technical Education Act of 2006 (20 U.S.C. 2342(c)(1)(A))) 
     and other postsecondary programs of study.
       ``(3) Submission to the department.--A local educational 
     agency that receives a grant under this part shall submit 
     evaluations conducted under this subsection to the Secretary.
       ``(h) Supplement Not Supplant.--Funds received under this 
     part shall be used to supplement, and not supplant, funds 
     that would otherwise be used for activities authorized under 
     this part.
       ``(i) Authorization of Appropriations.--There are 
     authorized to be appropriated to

[[Page S4886]]

     carry out this part such sums as may be necessary.''.
                                 ______
                                 
  SA 2173. Mr. BOOKER submitted an amendment intended to be proposed to 
amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:

       On page 306, after line 23, add the following:
       ``(V) conducting, and publicly reporting the results of, an 
     annual assessment of educator support and working conditions 
     that--
       ``(i) evaluates supports for teachers, leaders, and other 
     school personnel, such as--

       ``(I) teacher and principal perceptions of availability of 
     high-quality professional development and instructional 
     materials;
       ``(II) timely availability of data on student academic 
     achievement and growth;
       ``(III) the presence of high-quality instructional 
     leadership; and
       ``(IV) opportunities for professional growth, such as 
     career ladders and mentoring and induction programs;

       ``(ii) evaluates working conditions for teachers, leaders 
     and other school personnel, such as--

       ``(I) school climate;
       ``(II) school safety;
       ``(III) class size;
       ``(IV) availability and use of common planning time and 
     opportunities to collaborate; and
       ``(V) community engagement;

       ``(iii) is developed with teachers, leaders, other school 
     personnel, parents, students, and the community; and
       ``(iv) includes the development and implementation, with 
     the groups described in clause (iii), of a plan to address 
     the results of the assessment described in this subparagraph, 
     which shall be publicly reported; and
                                 ______
                                 
  SA 2174. Ms. HEITKAMP (for herself, Mr. Thune, Ms. Stabenow, and Mr. 
Tester) submitted an amendment intended to be proposed to amendment SA 
2089 submitted by Mr. Alexander (for himself and Mrs. Murray) to the 
bill S. 1177, to reauthorize the Elementary and Secondary Education Act 
of 1965 to ensure that every child achieves; which was ordered to lie 
on the table; as follows:

       At the end of the bill, insert the following:

     SEC. 1020__. EQUITY IN EDUCATIONAL LAND-GRANT STATUS ACT OF 
                   1994 AND SMITH-LEVER ACT.

       (a) Equity in Educational Land-Grant Status Act of 1994.--
     Section 533 of the Equity in Educational Land-Grant Status 
     Act of 1994 (7 U.S.C. 301 note; Public Law 103-382) is 
     amended in subsection (a)(2)(A)(ii) by striking ``(as added 
     by section 534(b)(1) of this part)'' and inserting ``(7 
     U.S.C. 343(b)(3)) and for programs for children, youth, and 
     families at risk and for Federally recognized Tribes 
     implemented under section 3(d) of such Act (7 U.S.C. 
     343(d))''.
       (b) Smith-Lever Act.--Section 3(d) of the Act of May 8, 
     1914 (commonly known as the ``Smith-Lever Act''; 7 U.S.C. 
     343(d)), is amended in the second sentence by inserting ``and 
     in the case of programs for children, youth, and families at 
     risk and for Federally recognized Tribes, the 1994 
     Institutions (as defined in section 532 of the Equity in 
     Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note; 
     Public Law 103-382)),'' before ``may compete for''.
                                 ______
                                 
  SA 2175. Mr. MARKEY submitted an amendment intended to be proposed to 
amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:

       At the end of part B of title X, add the following:

     SEC. 10204. CLIMATE SCIENCE INSTRUCTION.

       (a) Findings.--Congress finds that--
       (1) carbon pollution is accumulating in the atmosphere, 
     causing global temperatures to rise at a rate that poses a 
     significant threat to the economy and security of the United 
     States, to public health and welfare, and to the global 
     environment;
       (2) climate change is already impacting the United States 
     with sea level rise, ocean acidification, and more frequent 
     or intense extreme weather events, such as heat waves, heavy 
     rainfalls, droughts, floods, and wildfires;
       (3) the scientific evidence for human-induced climate 
     change is overwhelming and undeniable, as demonstrated by 
     statements from the National Academy of Sciences, the 
     National Climate Assessment, and numerous other science 
     professional organizations in the United States;
       (4) the United States has a responsibility to children and 
     future generations of the United States to reduce the harmful 
     effects of climate change;
       (5) providing clear and scientifically accurate information 
     about climate change, in a variety of forms, can increase 
     climate literacy and encourage individuals and communities to 
     take action;
       (6) the actions of a single nation cannot solve the climate 
     crisis, so solutions that address both mitigation and 
     adaptation must involve developed and developing nations 
     around the world;
       (7) education about climate change is important to ensure 
     that the future generation of leaders is well-informed about 
     the issues facing our planet in order to make decisions based 
     on science and fact;
       (8) the facts and reality of climate change are under 
     attack by those who disagree with the overwhelming consensus 
     of scientific agreement regarding the reality of climate 
     change and the human role in causing climate to change; and
       (9) challenges to accurate presentation of climate science 
     in classrooms have been proposed in legislatures and school 
     boards across the Nation.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that instruction in climate science is important for all 
     students and should not be prohibited by any unit of State or 
     local government.
                                 ______
                                 
  SA 2176. Mr. MARKEY submitted an amendment intended to be proposed to 
amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:

       At the end of title V, add the following:

     SEC. 5011. CLIMATE CHANGE EDUCATION.

       (a) Short Title.--This section may be cited as the 
     ``Climate Change Education Act''.
       (b) Findings.--Congress finds that--
       (1) carbon pollution is accumulating in the atmosphere, 
     causing global temperatures to rise at a rate that poses a 
     significant threat to the economy and security of the United 
     States, to public health and welfare, and to the global 
     environment;
       (2) climate change is already impacting the United States 
     with sea level rise, ocean acidification, and more frequent 
     or intense extreme weather events such as heat waves, heavy 
     rainfalls, droughts, floods, and wildfires;
       (3) the scientific evidence for human-induced climate 
     change is overwhelming and undeniable as demonstrated by 
     statements from the National Academy of Sciences, the 
     National Climate Assessment, and numerous other science 
     professional organizations in the United States;
       (4) the United States has a responsibility to children and 
     future generations of the United States to address the 
     harmful effects of climate change;
       (5) providing clear information about climate change, in a 
     variety of forms, can encourage individuals and communities 
     to take action;
       (6) the actions of a single nation cannot solve the climate 
     crisis, so solutions that address both mitigation and 
     adaptation must involve developed and developing nations 
     around the world;
       (7) investing in the development of innovative clean energy 
     and energy efficiency technologies will--
       (A) enhance the global leadership and competitiveness of 
     the United States; and
       (B) create and sustain short and long term job growth;
       (8) implementation of measures that promote energy 
     efficiency, conservation, and renewable energy will greatly 
     reduce human impact on the environment; and
       (9) education about climate change is important to ensure 
     the future generation of leaders is well-informed about the 
     challenges facing our planet in order to make decisions based 
     on science and fact.
       (c) Amendment to ESEA.--Title V of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7201 et seq.), as 
     amended by section 5010, is further amended by adding at the 
     end the following:

                   ``PART J--CLIMATE CHANGE EDUCATION

     ``SEC. 5911. CLIMATE CHANGE EDUCATION PROGRAM.

       ``(a) Purpose.--The purpose of this section is to--
       ``(1) broaden the understanding of human induced climate 
     change, possible long and short-term consequences, and 
     potential solutions;
       ``(2) provide learning opportunities in climate science 
     education for all students through grade 12, including those 
     of diverse cultural and linguistic backgrounds;
       ``(3) emphasize actionable information to help students 
     understand how to utilize new technologies and programs 
     related to energy conservation, clean energy, and carbon 
     pollution reduction; and
       ``(4) inform the public of impacts to human health and 
     safety as a result of climate change.
       ``(b) Grants Authorized.--The Secretary, in consultation 
     with the National Oceanic and Atmospheric Administration, the 
     Environmental Protection Agency, and the Department of 
     Energy, shall establish a competitive grant program to 
     provide grants to States to--
       ``(1) develop or improve climate science curriculum and 
     supplementary educational materials for grades kindergarten 
     through grade 12;
       ``(2) initiate, develop, expand, or implement statewide 
     plans and programs for climate change education, including 
     relevant teacher training and professional development and 
     multidisciplinary studies to ensure

[[Page S4887]]

     that students graduate from high school climate literate; or
       ``(3) create State green school building standards or 
     policies.
       ``(c) Application.--A State desiring to receive a grant 
     under this section shall submit an application to the 
     Secretary at such time, in such manner, and accompanied by 
     such information as the Secretary may reasonably require.
       ``(d) Report to Congress.--Not later than 1 year after the 
     date of enactment of this section, and annually thereafter, 
     the Secretary shall transmit to Congress a report that 
     evaluates the scientific merits, educational effectiveness, 
     and broader impacts of activities under this section.
       ``(e) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section such 
     sums as may be necessary.''.
                                 ______
                                 
  SA 2177. Mr. SANDERS submitted an amendment intended to be proposed 
to amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:

       At the end of title X, insert the following:

                   PART C--EMPLOYING YOUNG AMERICANS

                         Subpart 1--Youth Jobs

     SEC. 10301. SHORT TITLE.

       This subpart may be cited as the ``Employ Young Americans 
     Now Act''.

     SEC. 10302. ESTABLISHMENT OF EMPLOY YOUNG AMERICANS FUND.

       (a) Establishment.--There is established in the Treasury of 
     the United States an account that shall be known as the 
     Employ Young Americans Fund (referred to in this subpart as 
     the ``Fund'').
       (b) Deposits Into the Fund.--Out of any amounts in the 
     Treasury not otherwise appropriated, there is appropriated 
     $5,500,000,000 for fiscal year 2016, which shall be paid to 
     the Fund, to be used by the Secretary of Labor to carry out 
     this subpart.
       (c) Availability of Funds.--Of the amounts available to the 
     Fund under subsection (b), the Secretary of Labor shall--
       (1) allot $4,000,000,000 in accordance with section 10303 
     to provide summer and year-round employment opportunities to 
     low-income youth; and
       (2) award $1,500,000,000 in allotments and competitive 
     grants in accordance with section 10304 to local entities to 
     carry out work-based training and other work-related and 
     educational strategies and activities of demonstrated 
     effectiveness to unemployed, low-income young adults and low-
     income youth to provide the skills and assistance needed to 
     obtain employment.
       (d) Period of Availability.--The amounts appropriated under 
     this subpart shall be available for obligation by the 
     Secretary of Labor, and shall be available for expenditure by 
     grantees (including subgrantees), until expended.

     SEC. 10303. SUMMER EMPLOYMENT AND YEAR-ROUND EMPLOYMENT 
                   OPPORTUNITIES FOR LOW-INCOME YOUTH.

       (a) In General.--From the funds available under section 
     10302(c)(1), the Secretary of Labor shall make an allotment 
     under subsection (c) to each State that has a modification to 
     a State plan (referred to in this section as a ``State plan 
     modification'') (or other State request for funds specified 
     in guidance under subsection (b)) approved under subsection 
     (d), and recipient under section 166(c) of the Workforce 
     Innovation and Opportunity Act (29 U.S.C. 3221(c)) (referred 
     to in this section as a ``Native American grantee''), that 
     meets the requirements of this section, for the purpose of 
     providing summer employment and year-round employment 
     opportunities to low-income youth.
       (b) Guidance and Application of Requirements.--
       (1) Guidance.--Not later than 20 days after the date of 
     enactment of this Act, the Secretary of Labor shall issue 
     guidance regarding the implementation of this section.
       (2) Procedures.--Such guidance shall, consistent with this 
     section, include procedures for--
       (A) the submission and approval of State plan 
     modifications, for such other forms of requests for funds by 
     the State as may be identified in such guidance, for 
     modifications to local plans (referred to individually in 
     this section as a ``local plan modification''), or for such 
     other forms of requests for funds by local areas as may be 
     identified in such guidance, that promote the expeditious and 
     effective implementation of the activities authorized under 
     this section; and
       (B) the allotment and allocation of funds, including 
     reallotment and reallocation of such funds, that promote such 
     implementation.
       (3) Requirements.--Except as otherwise provided in the 
     guidance described in paragraph (1) and in this section and 
     other provisions of this subpart, the funds provided for 
     activities under this section shall be administered in 
     accordance with the provisions of subtitles A, B, and E of 
     title I of the Workforce Innovation and Opportunity Act (29 
     U.S.C. 3111 et seq., 3151 et seq., 3241 et seq.) relating to 
     youth activities.
       (c) State Allotments.--
       (1) In general.--Using the funds described in subsection 
     (a), the Secretary of Labor shall allot to each State the 
     total of the amounts assigned to the State under 
     subparagraphs (A) and (B) of paragraph (2).
       (2) Assignments to states.--
       (A) Minimum amounts.--Using funds described in subsection 
     (a), the Secretary of Labor shall assign to each State an 
     amount equal to \1/2\ of 1 percent of such funds.
       (B) Formula amounts.--The Secretary of Labor shall assign 
     the remainder of the funds described in subsection (a) among 
     the States by assigning--
       (i) 33\1/3\ percent on the basis of the relative number of 
     individuals in the civilian labor force who are not younger 
     than 16 but younger than 25 in each State, compared to the 
     total number of individuals in the civilian labor force who 
     are not younger than 16 but younger than 25 in all States;
       (ii) 33\1/3\ percent on the basis of the relative number of 
     unemployed individuals in each State, compared to the total 
     number of unemployed individuals in all States; and
       (iii) 33\1/3\ on the basis of the relative number of 
     disadvantaged young adults and youth in each State, compared 
     to the total number of disadvantaged young adults and youth 
     in all States.
       (3) Reallotment.--If the Governor of a State does not 
     submit a State plan modification or other State request for 
     funds specified in guidance under subsection (b) by the date 
     specified in subsection (d)(2)(A), or a State does not 
     receive approval of such State plan modification or request, 
     the amount the State would have been eligible to receive 
     pursuant to paragraph (2) shall be transferred within the 
     Fund and added to the amounts available for competitive 
     grants under sections 2(c)(2) and 4(b)(2).
       (4) Definitions.--For purposes of paragraph (2), the term 
     ``disadvantaged young adult or youth'' means an individual 
     who is not younger than 16 but is younger than 25 who 
     received an income, or is a member of a family that received 
     a total family income, that, in relation to family size, does 
     not exceed the higher of--
       (A) the poverty line; or
       (B) 70 percent of the lower living standard income level.
       (d) State Plan Modification.--
       (1) In general.--For a State to be eligible to receive an 
     allotment of funds under subsection (c), the Governor of the 
     State shall submit to the Secretary of Labor a State plan 
     modification, or other State request for funds specified in 
     guidance under subsection (b), in such form and containing 
     such information as the Secretary may require. At a minimum, 
     such State plan modification or request shall include--
       (A) a description of the strategies and activities to be 
     carried out to provide summer employment opportunities and 
     year-round employment opportunities, including linkages to 
     training and educational activities, consistent with 
     subsection (f);
       (B) a description of the requirements the State will apply 
     relating to the eligibility of low-income youth, consistent 
     with section 10302(4), for summer employment opportunities 
     and year-round employment opportunities, which requirements 
     may include criteria to target assistance to particular 
     categories of such low-income youth, such as youth with 
     disabilities, consistent with subsection (f);
       (C) a description of the performance outcomes to be 
     achieved by the State through the activities carried out 
     under this section and the processes the State will use to 
     track performance, consistent with guidance provided by the 
     Secretary of Labor regarding such outcomes and processes and 
     with section 10305(b);
       (D) a description of the timelines for implementation of 
     the strategies and activities described in subparagraph (A), 
     and the number of low-income youth expected to be placed in 
     summer employment opportunities, and year-round employment 
     opportunities, respectively, by quarter;
       (E) assurances that the State will report such information, 
     relating to fiscal, performance, and other matters, as the 
     Secretary may require and as the Secretary determines is 
     necessary to effectively monitor the activities carried out 
     under this section;
       (F) assurances that the State will ensure compliance with 
     the requirements, restrictions, labor standards, and other 
     provisions described in section 10305(a); and
       (G) if a local board and chief elected official in the 
     State will provide employment opportunities with the link to 
     training and educational activities described in subsection 
     (f)(2)(B), a description of how the training and educational 
     activities will lead to the industry-recognized credential 
     involved.
       (2) Submission and approval of state plan modification or 
     request.--
       (A) Submission.--
       (i) In general.--The Governor shall submit the State plan 
     modification or other State request for funds specified in 
     guidance under subsection (b) to the Secretary of Labor not 
     later than 30 days after the issuance of such guidance.
       (ii) Process.--The Secretary shall--

       (I) make copies of the State plan modification or request 
     available to the public on the Web site of the Department of 
     Labor and through other electronic means, on the date on 
     which the Governor submits the State plan modification or 
     request under this section;
       (II) allow members of the public, including representatives 
     of business, representatives of labor organizations, and 
     representatives of educational institutions, to submit to the

[[Page S4888]]

     Secretary comments on the State plan modification or request, 
     during a comment period beginning on the submission date and 
     ending 60 days after the submission date; and
       (III) include with the notification of approval or 
     disapproval of the State plan modification or request, 
     submitted to the Governor under subparagraph (B), any such 
     comments that represent disagreement with the plan 
     modification or request.

       (B) Approval.--The Secretary of Labor shall approve the 
     State plan modification or request submitted under 
     subparagraph (A) not later than 90 days after the submission 
     date, unless the Secretary determines that the plan or 
     request is inconsistent with the requirements of this 
     section. If the Secretary has not made a determination with 
     that 90-day period, the plan or request shall be considered 
     to be approved. If the plan or request is disapproved, the 
     Secretary may provide a reasonable period of time in which 
     the plan or request may be amended and resubmitted for 
     approval. If the plan or request is approved, the Secretary 
     shall allot funds to the State under subsection (c) within 90 
     days after such approval.
       (3) Modifications to state plan or request.--The Governor 
     may submit further modifications to a State plan modification 
     or other State request for funds specified under subsection 
     (b), consistent with the requirements of this section.
       (e) Within-State Allocation and Administration.--
       (1) In general.--Of the funds allotted to the State under 
     subsection (c), the Governor--
       (A) may reserve not more than 5 percent of the funds for 
     administration and technical assistance; and
       (B) shall allocate the remainder of the funds among local 
     areas within the State in accordance with clauses (i), (ii), 
     and (iii) of subsection (c)(2)(B), except that for purposes 
     of such allocation references to a State in subsection 
     (c)(2)(B) shall be deemed to be references to a local area 
     and references to all States shall be deemed to be references 
     to all local areas in the State involved.
       (2) Local plan.--
       (A) Submission.--In order to receive an allocation under 
     paragraph (1)(B), the local board, in partnership with the 
     chief elected official for the local area involved, shall 
     submit to the Governor a local plan modification, or such 
     other request for funds by local areas as may be specified in 
     guidance under subsection (b), not later than 30 days after 
     the submission by the State of the State plan modification or 
     other State request for funds specified in guidance under 
     subsection (b), describing the strategies and activities to 
     be carried out under this section.
       (B) Approval.--The Governor shall approve the local plan 
     modification or other local request for funds submitted under 
     subparagraph (A) not later than 30 days after the submission 
     date, unless the Governor determines that the plan or request 
     is inconsistent with requirements of this section. If the 
     Governor has not made a determination within that 30-day 
     period, the plan shall be considered to be approved. If the 
     plan or request is disapproved, the Governor may provide a 
     reasonable period of time in which the plan or request may be 
     amended and resubmitted for approval. If the plan or request 
     is approved, the Governor shall allocate funds to the local 
     area within 30 days after such approval.
       (3) Reallocation.--If a local board and chief elected 
     official do not submit a local plan modification (or other 
     local request for funds specified in guidance under 
     subsection (b)) by the date specified in paragraph (2), or 
     the Governor disapproves a local plan modification (or other 
     local request), the amount the local area would have been 
     eligible to receive pursuant to the formula under paragraph 
     (1)(B) shall be allocated to local areas that receive 
     approval of their local plan modifications or local requests 
     for funds under paragraph (2). Each such local area shall 
     receive a share of the total amount available for 
     reallocation under this paragraph, in accordance with the 
     area's share of the total amount allocated under paragraph 
     (1)(B) to such local areas.
       (f) Use of Funds.--
       (1) In general.--The funds made available under this 
     section shall be used--
       (A) to provide summer employment opportunities for low-
     income youth, with direct linkages to academic and 
     occupational learning, and may be used to provide supportive 
     services, such as transportation or child care, that is 
     necessary to enable the participation of such youth in the 
     opportunities; and
       (B) to provide year-round employment opportunities, which 
     may be combined with other activities authorized under 
     section 129 of the Workforce Innovation and Opportunity Act 
     (29 U.S.C. 3164), to low-income youth.
       (2) Program priorities.--In administering the funds under 
     this section, the local board and chief elected official 
     shall give priority to--
       (A) identifying employment opportunities that are--
       (i) in emerging or in-demand occupations in the local area; 
     or
       (ii) in the public or nonprofit sector and meet community 
     needs; and
       (B) linking participants in year-round employment 
     opportunities to training and educational activities that 
     will provide such participants an industry-recognized 
     certificate or credential (referred to in this subpart as an 
     ``industry-recognized credential'').
       (3) Administration.--Not more than 5 percent of the funds 
     allocated to a local area under this section may be used for 
     the costs of administration of this section.
       (4) Performance accountability.--For activities funded 
     under this section, in lieu of meeting the requirements 
     described in (before July 1, 2016) section 136 of the 
     Workforce Investment Act of 1998 (29 U.S.C. 2871) and (after 
     June 30, 2016) section 116 of the Workforce Innovation and 
     Opportunity Act (29 U.S.C. 3141), States and local areas 
     shall provide such reports as the Secretary of Labor may 
     require regarding the performance outcomes described in 
     section 10305(b)(5).

     SEC. 10304. WORK-BASED EMPLOYMENT STRATEGIES AND ACTIVITIES 
                   OF DEMONSTRATED EFFECTIVENESS.

       (a) In General.--From the funds available under section 
     10302(c)(2), the Secretary of Labor shall make allotments to 
     States, and award grants to eligible entities, under 
     subsection (b) to carry out work-based strategies and 
     activities of demonstrated effectiveness.
       (b) Allotments and Grants.--
       (1) Allotments to states for grants.--
       (A) Allotments.--Using funds described in subsection (a), 
     the Secretary of Labor shall allot to each State an amount 
     equal to \1/2\ of 1 percent of such funds.
       (B) Grants to eligible entities.--The State shall use the 
     funds to award grants, on a competitive basis, to eligible 
     entities in the State.
       (2) Direct grants to eligible entities.--Using the funds 
     described in subsection (a) that are not allotted under 
     paragraph (1), the Secretary of Labor shall award grants on a 
     competitive basis to eligible entities.
       (c) Eligible Entity.--To be eligible to receive a grant 
     under this section, an entity--
       (1) shall include--
       (A) a partnership involving a chief elected official and 
     the local board for the local area involved (which may 
     include a partnership with such elected officials and boards 
     and State elected officials and State boards, in the region 
     and in the State); or
       (B) an entity eligible to apply for a grant, contract, or 
     agreement under section 166 of the Workforce Innovation and 
     Opportunity Act (29 U.S.C. 3221); and
       (2) may include, in combination with a partnership or 
     entity described in paragraph (1)--
       (A) employers or employer associations;
       (B) adult education providers or postsecondary educational 
     institutions, including community colleges;
       (C) community-based organizations;
       (D) joint labor-management committees;
       (E) work-related intermediaries;
       (F) labor organizations that sponsor training or employment 
     upgrade programs; and
       (G) other appropriate organizations.
       (d) Application.--To be eligible to receive a grant under 
     this section, an entity shall submit to the Secretary of 
     Labor (or to the State, if applying for a grant under 
     subsection (b)(1)(B)) an application at such time, in such 
     manner, and containing such information as the Secretary may 
     require. At a minimum, the application shall--
       (1) describe the strategies and activities of demonstrated 
     effectiveness that the eligible entity will carry out to 
     provide unemployed, low-income young adults and low-income 
     youth with skills that will lead to employment upon 
     completion of participation in such activities;
       (2) describe the requirements that will apply relating to 
     the eligibility of unemployed, low-income young adults and 
     low-income youth, consistent with section 10302, for 
     activities carried out under this section, which requirements 
     may include criteria to target assistance to particular 
     categories of such adults and youth, such as individuals with 
     disabilities or individuals who have exhausted all rights to 
     unemployment compensation;
       (3) describe how the strategies and activities will address 
     the needs of the target populations identified in paragraph 
     (2) and the needs of employers in the local area;
       (4) describe the expected outcomes to be achieved by 
     implementing the strategies and activities;
       (5) provide evidence that the funds provided through the 
     grant will be expended expeditiously and efficiently to 
     implement the strategies and activities;
       (6) describe how the strategies and activities will be 
     coordinated with other Federal, State and local programs 
     providing employment, education and supportive activities;
       (7) provide evidence of employer commitment to participate 
     in the activities funded under this section, including 
     identification of anticipated occupational and skill needs;
       (8) provide assurances that the eligible entity will report 
     such information relating to fiscal, performance, and other 
     matters, as the Secretary of Labor may require and as the 
     Secretary determines is necessary to effectively monitor the 
     activities carried out under this section;
       (9) provide assurances that the eligible entity will ensure 
     compliance with the requirements, restrictions, labor 
     standards, and other provisions described in section 
     10305(a); and
       (10) if the entity will provide activities described in 
     subsection (f)(4), a description of how the activities will 
     lead to the industry-recognized credentials involved.
       (e) Priority in Awards.--In awarding grants under this 
     section, the Secretary of Labor (or a State, under subsection 
     (b)(1)(B)) shall give priority to applications submitted

[[Page S4889]]

     by eligible entities from areas of high poverty and high 
     unemployment, as defined by the Secretary, such as Public Use 
     Microdata Areas designated by the Bureau of the Census.
       (f) Use of Funds.--An entity that receives a grant under 
     this section shall use the funds made available through the 
     grant to support work-based strategies and activities of 
     demonstrated effectiveness that are designed to provide 
     unemployed, low-income young adults and low-income youth with 
     skills that will lead to employment as part of or upon 
     completion of participation in such activities. Such 
     strategies and activities may include--
       (1) on-the-job training, registered apprenticeship 
     programs, or other programs that combine work with skills 
     development;
       (2) sector-based training programs that have been designed 
     to meet the specific requirements of an employer or group of 
     employers in that sector and for which employers are 
     committed to hiring individuals upon successful completion of 
     the training;
       (3) training that supports an industry sector or an 
     employer-based or labor-management committee industry 
     partnership and that includes a significant work-experience 
     component;
       (4) activities that lead to the acquisition of industry-
     recognized credentials in a field identified by the State or 
     local area as a growth sector or in-demand industry in which 
     there are likely to be significant job opportunities in the 
     short term;
       (5) activities that provide connections to immediate work 
     opportunities, including subsidized employment opportunities, 
     or summer employment opportunities for youth, that include 
     concurrent skills training and other supports;
       (6) activities offered through career academies that 
     provide students with the academic preparation and training, 
     such as paid internships and concurrent enrollment in 
     community colleges or other postsecondary institutions, 
     needed to pursue a career pathway that leads to postsecondary 
     credentials and in-demand jobs; and
       (7) adult basic education and integrated basic education 
     and training for low-skilled individuals who are not younger 
     than 16 but are younger than 25, hosted at community colleges 
     or at other sites, to prepare individuals for jobs that are 
     in demand in a local area.
       (g) Coordination of Federal Administration.--The Secretary 
     of Labor shall administer this section in coordination with 
     the Secretary of Education, the Secretary of Health and Human 
     Services, and other appropriate agency heads, to ensure the 
     effective implementation of this section.

     SEC. 10305. GENERAL REQUIREMENTS.

       (a) Labor Standards and Protections.--Activities provided 
     with funds made available under this subpart shall be subject 
     to the requirements and restrictions, including the labor 
     standards, described in section 181 of the Workforce 
     Innovation and Opportunity Act (29 U.S.C. 3241) and the 
     nondiscrimination provisions of section 188 of such Act (29 
     U.S.C. 3248), in addition to other applicable Federal laws.
       (b) Reporting.--The Secretary of Labor may require the 
     reporting of information relating to fiscal, performance and 
     other matters that the Secretary determines is necessary to 
     effectively monitor the activities carried out with funds 
     provided under this subpart. At a minimum, recipients of 
     grants (including recipients of subgrants) under this subpart 
     shall provide information relating to--
       (1) the number of individuals participating in activities 
     with funds provided under this subpart and the number of such 
     individuals who have completed such participation;
       (2) the expenditures of funds provided under this subpart;
       (3) the number of jobs created pursuant to the activities 
     carried out under this subpart;
       (4) the demographic characteristics of individuals 
     participating in activities under this subpart; and
       (5) the performance outcomes for individuals participating 
     in activities under this subpart, including--
       (A) for low-income youth participating in summer employment 
     activities under sections 3 and 4, performance on indicators 
     consisting of--
       (i) work readiness skill attainment using an employer 
     validated checklist; and
       (ii) placement in or return to secondary or postsecondary 
     education or training, or entry into unsubsidized employment;
       (B) for low-income youth participating in year-round 
     employment activities under section 10303 or in activities 
     under section 10304, performance on indicators consisting 
     of--
       (i) placement in or return to postsecondary education;
       (ii) attainment of a secondary school diploma or its 
     recognized equivalent;
       (iii) attainment of an industry-recognized credential; and
       (iv) entry into, retention in, and earnings in, 
     unsubsidized employment; and
       (C) for unemployed, low-income young adults participating 
     in activities under section 10304, performance on indicators 
     consisting of--
       (i) entry into, retention in, and earnings in, unsubsidized 
     employment; and
       (ii) attainment of an industry-recognized credential.
       (c) Activities Required To Be Additional.--Funds provided 
     under this subpart shall only be used for activities that are 
     in addition to activities that would otherwise be available 
     in the State or local area in the absence of such funds.
       (d) Additional Requirements.--The Secretary of Labor may 
     establish such additional requirements as the Secretary 
     determines may be necessary to ensure fiscal integrity, 
     effective monitoring, and the appropriate and prompt 
     implementation of the activities under this subpart.
       (e) Report of Information and Evaluations to Congress and 
     the Public.--The Secretary of Labor shall provide to the 
     appropriate committees of Congress and make available to the 
     public the information reported pursuant to subsection (b).

     SEC. 10306. DEFINITIONS.

       In this subpart:
       (1) Chief elected official.--The term ``chief elected 
     official'' means the chief elected executive officer of a 
     unit of local government in a local area or in the case in 
     which such an area includes more than one unit of general 
     government, the individuals designated under an agreement 
     described in section 107(c)(1)(B) of the Workforce Innovation 
     and Opportunity Act (29 U.S.C. 3122(c)(1)(B)).
       (2) Local area.--The term ``local area'' has the meaning 
     given the term in section 3 of the Workforce Innovation and 
     Opportunity Act (29 U.S.C. 3102).
       (3) Local board.--The term ``local board'' has the meaning 
     given the term in section 3 of the Workforce Innovation and 
     Opportunity Act.
       (4) Local plan.--The term ``local plan''--
       (A) means a local plan approved, before July 1, 2016, under 
     section 118 of the Workforce Investment Act of 1998 (29 
     U.S.C. 2833); and
       (B) after June 30, 2016, means a local plan as defined in 
     section 3 of the Workforce Innovation and Opportunity Act.
       (5) Low-income youth.--The term ``low-income youth'' means 
     an individual who--
       (A) is not younger than 16 but is younger than 25;
       (B) meets the definition of a low-income individual 
     provided in section 3(36) of the Workforce Innovation and 
     Opportunity Act (29 U.S.C. 3102(36)), except that--
       (i) States and local areas, subject to approval in the 
     applicable State plans and local plans, may increase the 
     income level specified in subparagraph (B)(i) of such section 
     to an amount not in excess of 200 percent of the poverty line 
     for purposes of determining eligibility for participation in 
     activities under section 10303; and
       (ii) eligible entities described in section 10304(c), 
     subject to approval in the applicable applications for funds, 
     may make such an increase for purposes of determining 
     eligibility for participation in activities under section 
     10304; and
       (C) is in one or more of the categories specified in 
     subparagraph (B)(iii) or (C)(iv) of section 129(a)(1) of the 
     Workforce Innovation and Opportunity Act (29 U.S.C. 
     3164(a)(1)).
       (6) Poverty line.--The term ``poverty line'' means a 
     poverty line as defined in section 673 of the Community 
     Services Block Grant Act (42 U.S.C. 9902), applicable to a 
     family of the size involved.
       (7) Registered apprenticeship program.--The term 
     ``registered apprenticeship program'' means an apprenticeship 
     program registered under the Act of August 16, 1937 (commonly 
     known as the ``National Apprenticeship Act''; 50 Stat. 664, 
     chapter 663; 29 U.S.C. 50 et seq.).
       (8) State.--The term ``State'' means each of the several 
     States of the United States, and the District of Columbia.
       (9) State plan.--The term ``State plan'' means a State plan 
     approved--
       (A) before July 1, 2016, under section 112 of the Workforce 
     Investment Act of 1998 (29 U.S.C. 2822); or
       (B) after June 30, 2016, under section 102 or 103 of the 
     Workforce Innovation and Opportunity Act (29 U.S.C. 3112, 
     3113).
       (10) Unemployed, low-income young adult.--The term 
     ``unemployed, low-income young adult'' means an individual 
     who--
       (A) is not younger than 18 but is younger than 35;
       (B) is without employment and is seeking assistance under 
     this subpart to obtain employment; and
       (C) meets the definition of a low-income individual 
     specified in section 3(36) of the Workforce Innovation and 
     Opportunity Act (29 U.S.C. 3102(36)), except that eligible 
     entities described in section 10304(c), subject to approval 
     in the applicable applications for funds, may increase the 
     income level specified in subparagraph (B)(i) of such section 
     3(36) to an amount not in excess of 200 percent of the 
     poverty line for purposes of determining eligibility for 
     participation in activities under section 10304.

                  Subpart 2--Carried Interest Fairness

     SEC. 10311. SHORT TITLE; ETC.

       (a) Short Title.--This subpart may be cited as the 
     ``Carried Interest Fairness Act of 2015''.
       (b) Amendment of 1986 Code.--Except as otherwise expressly 
     provided, whenever in this subpart an amendment or repeal is 
     expressed in terms of an amendment to, or repeal of, a 
     section or other provision, the reference shall be considered 
     to be made to a section or other provision of the Internal 
     Revenue Code of 1986.

     SEC. 10312. PARTNERSHIP INTERESTS TRANSFERRED IN CONNECTION 
                   WITH PERFORMANCE OF SERVICES.

       (a) Modification to Election To Include Partnership 
     Interest in Gross Income in

[[Page S4890]]

     Year of Transfer.--Subsection (c) of section 83 is amended by 
     redesignating paragraph (4) as paragraph (5) and by inserting 
     after paragraph (3) the following new paragraph:
       ``(4) Partnership interests.--Except as provided by the 
     Secretary--
       ``(A) In general.--In the case of any transfer of an 
     interest in a partnership in connection with the provision of 
     services to (or for the benefit of) such partnership--
       ``(i) the fair market value of such interest shall be 
     treated for purposes of this section as being equal to the 
     amount of the distribution which the partner would receive if 
     the partnership sold (at the time of the transfer) all of its 
     assets at fair market value and distributed the proceeds of 
     such sale (reduced by the liabilities of the partnership) to 
     its partners in liquidation of the partnership, and
       ``(ii) the person receiving such interest shall be treated 
     as having made the election under subsection (b)(1) unless 
     such person makes an election under this paragraph to have 
     such subsection not apply.
       ``(B) Election.--The election under subparagraph (A)(ii) 
     shall be made under rules similar to the rules of subsection 
     (b)(2).''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to interests in partnerships transferred after 
     the date of the enactment of this Act.

     SEC. 10313. SPECIAL RULES FOR PARTNERS PROVIDING INVESTMENT 
                   MANAGEMENT SERVICES TO PARTNERSHIPS.

       (a) In General.--Part I of subchapter K of chapter 1 is 
     amended by adding at the end the following new section:

     ``SEC. 710. SPECIAL RULES FOR PARTNERS PROVIDING INVESTMENT 
                   MANAGEMENT SERVICES TO PARTNERSHIPS.

       ``(a) Treatment of Distributive Share of Partnership 
     Items.--For purposes of this title, in the case of an 
     investment services partnership interest--
       ``(1) In general.--Notwithstanding section 702(b)--
       ``(A) an amount equal to the net capital gain with respect 
     to such interest for any partnership taxable year shall be 
     treated as ordinary income, and
       ``(B) subject to the limitation of paragraph (2), an amount 
     equal to the net capital loss with respect to such interest 
     for any partnership taxable year shall be treated as an 
     ordinary loss.
       ``(2) Recharacterization of losses limited to 
     recharacterized gains.--The amount treated as ordinary loss 
     under paragraph (1)(B) for any taxable year shall not exceed 
     the excess (if any) of--
       ``(A) the aggregate amount treated as ordinary income under 
     paragraph (1)(A) with respect to the investment services 
     partnership interest for all preceding partnership taxable 
     years to which this section applies, over
       ``(B) the aggregate amount treated as ordinary loss under 
     paragraph (1)(B) with respect to such interest for all 
     preceding partnership taxable years to which this section 
     applies.
       ``(3) Allocation to items of gain and loss.--
       ``(A) Net capital gain.--The amount treated as ordinary 
     income under paragraph (1)(A) shall be allocated ratably 
     among the items of long-term capital gain taken into account 
     in determining such net capital gain.
       ``(B) Net capital loss.--The amount treated as ordinary 
     loss under paragraph (1)(B) shall be allocated ratably among 
     the items of long-term capital loss and short-term capital 
     loss taken into account in determining such net capital loss.
       ``(4) Terms relating to capital gains and losses.--For 
     purposes of this section--
       ``(A) In general.--Net capital gain, long-term capital 
     gain, and long-term capital loss, with respect to any 
     investment services partnership interest for any taxable 
     year, shall be determined under section 1222, except that 
     such section shall be applied--
       ``(i) without regard to the recharacterization of any item 
     as ordinary income or ordinary loss under this section,
       ``(ii) by only taking into account items of gain and loss 
     taken into account by the holder of such interest under 
     section 702 (other than subsection (a)(9) thereof) with 
     respect to such interest for such taxable year, and
       ``(iii) by treating property which is taken into account in 
     determining gains and losses to which section 1231 applies as 
     capital assets held for more than 1 year.
       ``(B) Net capital loss.--The term `net capital loss' means 
     the excess of the losses from sales or exchanges of capital 
     assets over the gains from such sales or exchanges. Rules 
     similar to the rules of clauses (i) through (iii) of 
     subparagraph (A) shall apply for purposes of the preceding 
     sentence.
       ``(5) Special rule for dividends.--Any dividend allocated 
     with respect to any investment services partnership interest 
     shall not be treated as qualified dividend income for 
     purposes of section 1(h).
       ``(6) Special rule for qualified small business stock.--
     Section 1202 shall not apply to any gain from the sale or 
     exchange of qualified small business stock (as defined in 
     section 1202(c)) allocated with respect to any investment 
     services partnership interest.
       ``(b) Dispositions of Partnership Interests.--
       ``(1) Gain.--
       ``(A) In general.--Any gain on the disposition of an 
     investment services partnership interest shall be--
       ``(i) treated as ordinary income, and
       ``(ii) recognized notwithstanding any other provision of 
     this subtitle.
       ``(B) Gift and transfers at death.--In the case of a 
     disposition of an investment services partnership interest by 
     gift or by reason of death of the taxpayer--
       ``(i) subparagraph (A) shall not apply,
       ``(ii) such interest shall be treated as an investment 
     services partnership interest in the hands of the person 
     acquiring such interest, and
       ``(iii) any amount that would have been treated as ordinary 
     income under this subsection had the decedent sold such 
     interest immediately before death shall be treated as an item 
     of income in respect of a decedent under section 691.
       ``(2) Loss.--Any loss on the disposition of an investment 
     services partnership interest shall be treated as an ordinary 
     loss to the extent of the excess (if any) of--
       ``(A) the aggregate amount treated as ordinary income under 
     subsection (a) with respect to such interest for all 
     partnership taxable years to which this section applies, over
       ``(B) the aggregate amount treated as ordinary loss under 
     subsection (a) with respect to such interest for all 
     partnership taxable years to which this section applies.
       ``(3) Election with respect to certain exchanges.--
     Paragraph (1)(A)(ii) shall not apply to the contribution of 
     an investment services partnership interest to a partnership 
     in exchange for an interest in such partnership if--
       ``(A) the taxpayer makes an irrevocable election to treat 
     the partnership interest received in the exchange as an 
     investment services partnership interest, and
       ``(B) the taxpayer agrees to comply with such reporting and 
     recordkeeping requirements as the Secretary may prescribe.
       ``(4) Distributions of partnership property.--
       ``(A) In general.--In the case of any distribution of 
     property by a partnership with respect to any investment 
     services partnership interest held by a partner, the partner 
     receiving such property shall recognize gain equal to the 
     excess (if any) of--
       ``(i) the fair market value of such property at the time of 
     such distribution, over
       ``(ii) the adjusted basis of such property in the hands of 
     such partner (determined without regard to subparagraph (C)).
       ``(B) Treatment of gain as ordinary income.--Any gain 
     recognized by such partner under subparagraph (A) shall be 
     treated as ordinary income to the same extent and in the same 
     manner as the increase in such partner's distributive share 
     of the taxable income of the partnership would be treated 
     under subsection (a) if, immediately prior to the 
     distribution, the partnership had sold the distributed 
     property at fair market value and all of the gain from such 
     disposition were allocated to such partner. For purposes of 
     applying subsection (a)(2), any gain treated as ordinary 
     income under this subparagraph shall be treated as an amount 
     treated as ordinary income under subsection (a)(1)(A).
       ``(C) Adjustment of basis.--In the case of a distribution 
     to which subparagraph (A) applies, the basis of the 
     distributed property in the hands of the distributee partner 
     shall be the fair market value of such property.
       ``(D) Special rules with respect to mergers, divisions, and 
     technical terminations.--In the case of a taxpayer which 
     satisfies requirements similar to the requirements of 
     subparagraphs (A) and (B) of paragraph (3), this paragraph 
     and paragraph (1)(A)(ii) shall not apply to the distribution 
     of a partnership interest if such distribution is in 
     connection with a contribution (or deemed contribution) of 
     any property of the partnership to which section 721 applies 
     pursuant to a transaction described in paragraph (1)(B) or 
     (2) of section 708(b).
       ``(c) Investment Services Partnership Interest.--For 
     purposes of this section--
       ``(1) In general.--The term `investment services 
     partnership interest' means any interest in an investment 
     partnership acquired or held by any person in connection with 
     the conduct of a trade or business described in paragraph (2) 
     by such person (or any person related to such person). An 
     interest in an investment partnership held by any person--
       ``(A) shall not be treated as an investment services 
     partnership interest for any period before the first date on 
     which it is so held in connection with such a trade or 
     business,
       ``(B) shall not cease to be an investment services 
     partnership interest merely because such person holds such 
     interest other than in connection with such a trade or 
     business, and
       ``(C) shall be treated as an investment services 
     partnership interest if acquired from a related person in 
     whose hands such interest was an investment services 
     partnership interest.
       ``(2) Businesses to which this section applies.--A trade or 
     business is described in this paragraph if such trade or 
     business primarily involves the performance of any of the 
     following services with respect to assets held (directly or 
     indirectly) by one or more investment partnerships referred 
     to in paragraph (1):
       ``(A) Advising as to the advisability of investing in, 
     purchasing, or selling any specified asset.
       ``(B) Managing, acquiring, or disposing of any specified 
     asset.
       ``(C) Arranging financing with respect to acquiring 
     specified assets.
       ``(D) Any activity in support of any service described in 
     subparagraphs (A) through (C).
       ``(3) Investment partnership.--
       ``(A) In general.--The term `investment partnership' means 
     any partnership if, at the

[[Page S4891]]

     end of any two consecutive calendar quarters ending after the 
     date of enactment of this section--
       ``(i) substantially all of the assets of the partnership 
     are specified assets (determined without regard to any 
     section 197 intangible within the meaning of section 197(d)), 
     and
       ``(ii) less than 75 percent of the capital of the 
     partnership is attributable to qualified capital interests 
     which constitute property held in connection with a trade or 
     business of the owner of such interest.
       ``(B) Look-through of certain wholly owned entities for 
     purposes of determining assets of the partnership.--
       ``(i) In general.--For purposes of determining the assets 
     of a partnership under subparagraph (A)(i)--

       ``(I) any interest in a specified entity shall not be 
     treated as an asset of such partnership, and
       ``(II) such partnership shall be treated as holding its 
     proportionate share of each of the assets of such specified 
     entity.

       ``(ii) Specified entity.--For purposes of clause (i), the 
     term `specified entity' means, with respect to any 
     partnership (hereafter referred to as the upper-tier 
     partnership), any person which engages in the same trade or 
     business as the upper-tier partnership and is--

       ``(I) a partnership all of the capital and profits 
     interests of which are held directly or indirectly by the 
     upper-tier partnership, or
       ``(II) a foreign corporation which does not engage in a 
     trade or business in the United States and all of the stock 
     of which is held directly or indirectly by the upper-tier 
     partnership.

       ``(C) Special rules for determining if property held in 
     connection with trade or business.--
       ``(i) In general.--Except as otherwise provided by the 
     Secretary, solely for purposes of determining whether any 
     interest in a partnership constitutes property held in 
     connection with a trade or business under subparagraph 
     (A)(ii)--

       ``(I) a trade or business of any person closely related to 
     the owner of such interest shall be treated as a trade or 
     business of such owner,
       ``(II) such interest shall be treated as held by a person 
     in connection with a trade or business during any taxable 
     year if such interest was so held by such person during any 3 
     taxable years preceding such taxable year, and
       ``(III) paragraph (5)(B) shall not apply.

       ``(ii) Closely related persons.--For purposes of clause 
     (i)(I), a person shall be treated as closely related to 
     another person if, taking into account the rules of section 
     267(c), the relationship between such persons is described 
     in--

       ``(I) paragraph (1) or (9) of section 267(b), or
       ``(II) section 267(b)(4), but solely in the case of a trust 
     with respect to which each current beneficiary is the grantor 
     or a person whose relationship to the grantor is described in 
     paragraph (1) or (9) of section 267(b).

       ``(D) Antiabuse rules.--The Secretary may issue regulations 
     or other guidance which prevent the avoidance of the purposes 
     of subparagraph (A), including regulations or other guidance 
     which treat convertible and contingent debt (and other debt 
     having the attributes of equity) as a capital interest in the 
     partnership.
       ``(E) Controlled groups of entities.--
       ``(i) In general.--In the case of a controlled group of 
     entities, if an interest in the partnership received in 
     exchange for a contribution to the capital of the partnership 
     by any member of such controlled group would (in the hands of 
     such member) constitute property held in connection with a 
     trade or business, then any interest in such partnership held 
     by any member of such group shall be treated for purposes of 
     subparagraph (A) as constituting (in the hands of such 
     member) property held in connection with a trade or business.
       ``(ii) Controlled group of entities.--For purposes of 
     clause (i), the term `controlled group of entities' means a 
     controlled group of corporations as defined in section 
     1563(a)(1), applied without regard to subsections (a)(4) and 
     (b)(2) of section 1563. A partnership or any other entity 
     (other than a corporation) shall be treated as a member of a 
     controlled group of entities if such entity is controlled 
     (within the meaning of section 954(d)(3)) by members of such 
     group (including any entity treated as a member of such group 
     by reason of this sentence).
       ``(F) Special rule for corporations.--For purposes of this 
     paragraph, in the case of a corporation, the determination of 
     whether property is held in connection with a trade or 
     business shall be determined as if the taxpayer were an 
     individual.
       ``(4) Specified asset.--The term `specified asset' means 
     securities (as defined in section 475(c)(2) without regard to 
     the last sentence thereof), real estate held for rental or 
     investment, interests in partnerships, commodities (as 
     defined in section 475(e)(2)), cash or cash equivalents, or 
     options or derivative contracts with respect to any of the 
     foregoing.
       ``(5) Related persons.--
       ``(A) In general.--A person shall be treated as related to 
     another person if the relationship between such persons is 
     described in section 267(b) or 707(b).
       ``(B) Attribution of partner services.--Any service 
     described in paragraph (2) which is provided by a partner of 
     a partnership shall be treated as also provided by such 
     partnership.
       ``(d) Exception for Certain Capital Interests.--
       ``(1) In general.--In the case of any portion of an 
     investment services partnership interest which is a qualified 
     capital interest, all items of gain and loss (and any 
     dividends) which are allocated to such qualified capital 
     interest shall not be taken into account under subsection (a) 
     if--
       ``(A) allocations of items are made by the partnership to 
     such qualified capital interest in the same manner as such 
     allocations are made to other qualified capital interests 
     held by partners who do not provide any services described in 
     subsection (c)(2) and who are not related to the partner 
     holding the qualified capital interest, and
       ``(B) the allocations made to such other interests are 
     significant compared to the allocations made to such 
     qualified capital interest.
       ``(2) Authority to provide exceptions to allocation 
     requirements.--To the extent provided by the Secretary in 
     regulations or other guidance--
       ``(A) Allocations to portion of qualified capital 
     interest.--Paragraph (1) may be applied separately with 
     respect to a portion of a qualified capital interest.
       ``(B) No or insignificant allocations to nonservice 
     providers.--In any case in which the requirements of 
     paragraph (1)(B) are not satisfied, items of gain and loss 
     (and any dividends) shall not be taken into account under 
     subsection (a) to the extent that such items are properly 
     allocable under such regulations or other guidance to 
     qualified capital interests.
       ``(C) Allocations to service providers' qualified capital 
     interests which are less than other allocations.--Allocations 
     shall not be treated as failing to meet the requirement of 
     paragraph (1)(A) merely because the allocations to the 
     qualified capital interest represent a lower return than the 
     allocations made to the other qualified capital interests 
     referred to in such paragraph.
       ``(3) Special rule for changes in services and capital 
     contributions.--In the case of an interest in a partnership 
     which was not an investment services partnership interest and 
     which, by reason of a change in the services with respect to 
     assets held (directly or indirectly) by the partnership or by 
     reason of a change in the capital contributions to such 
     partnership, becomes an investment services partnership 
     interest, the qualified capital interest of the holder of 
     such partnership interest immediately after such change shall 
     not, for purposes of this subsection, be less than the fair 
     market value of such interest (determined immediately before 
     such change).
       ``(4) Special rule for tiered partnerships.--Except as 
     otherwise provided by the Secretary, in the case of tiered 
     partnerships, all items which are allocated in a manner which 
     meets the requirements of paragraph (1) to qualified capital 
     interests in a lower-tier partnership shall retain such 
     character to the extent allocated on the basis of qualified 
     capital interests in any upper-tier partnership.
       ``(5) Exception for no-self-charged carry and management 
     fee provisions.--Except as otherwise provided by the 
     Secretary, an interest shall not fail to be treated as 
     satisfying the requirement of paragraph (1)(A) merely because 
     the allocations made by the partnership to such interest do 
     not reflect the cost of services described in subsection 
     (c)(2) which are provided (directly or indirectly) to the 
     partnership by the holder of such interest (or a related 
     person).
       ``(6) Special rule for dispositions.--In the case of any 
     investment services partnership interest any portion of which 
     is a qualified capital interest, subsection (b) shall not 
     apply to so much of any gain or loss as bears the same 
     proportion to the entire amount of such gain or loss as--
       ``(A) the distributive share of gain or loss that would 
     have been allocated to the qualified capital interest 
     (consistent with the requirements of paragraph (1)) if the 
     partnership had sold all of its assets at fair market value 
     immediately before the disposition, bears to
       ``(B) the distributive share of gain or loss that would 
     have been so allocated to the investment services partnership 
     interest of which such qualified capital interest is a part.
       ``(7) Qualified capital interest.--For purposes of this 
     section--
       ``(A) In general.--The term `qualified capital interest' 
     means so much of a partner's interest in the capital of the 
     partnership as is attributable to--
       ``(i) the fair market value of any money or other property 
     contributed to the partnership in exchange for such interest 
     (determined without regard to section 752(a)),
       ``(ii) any amounts which have been included in gross income 
     under section 83 with respect to the transfer of such 
     interest, and
       ``(iii) the excess (if any) of--

       ``(I) any items of income and gain taken into account under 
     section 702 with respect to such interest, over
       ``(II) any items of deduction and loss so taken into 
     account.

       ``(B) Adjustment to qualified capital interest.--
       ``(i) Distributions and losses.--The qualified capital 
     interest shall be reduced by distributions from the 
     partnership with respect to such interest and by the excess 
     (if any) of the amount described in subparagraph (A)(iii)(II) 
     over the amount described in subparagraph (A)(iii)(I).
       ``(ii) Special rule for contributions of property.--In the 
     case of any contribution

[[Page S4892]]

     of property described in subparagraph (A)(i) with respect to 
     which the fair market value of such property is not equal to 
     the adjusted basis of such property immediately before such 
     contribution, proper adjustments shall be made to the 
     qualified capital interest to take into account such 
     difference consistent with such regulations or other guidance 
     as the Secretary may provide.
       ``(C) Technical terminations, etc., disregarded.--No 
     increase or decrease in the qualified capital interest of any 
     partner shall result from a termination, merger, 
     consolidation, or division described in section 708, or any 
     similar transaction.
       ``(8) Treatment of certain loans.--
       ``(A) Proceeds of partnership loans not treated as 
     qualified capital interest of service providing partners.--
     For purposes of this subsection, an investment services 
     partnership interest shall not be treated as a qualified 
     capital interest to the extent that such interest is acquired 
     in connection with the proceeds of any loan or other advance 
     made or guaranteed, directly or indirectly, by any other 
     partner or the partnership (or any person related to any such 
     other partner or the partnership). The preceding sentence 
     shall not apply to the extent the loan or other advance is 
     repaid before the date of the enactment of this section 
     unless such repayment is made with the proceeds of a loan or 
     other advance described in the preceding sentence.

       ``(B) Reduction in allocations to qualified capital 
     interests for loans from nonservice-providing partners to the 
     partnership.--For purposes of this subsection, any loan or 
     other advance to the partnership made or guaranteed, directly 
     or indirectly, by a partner not providing services described 
     in subsection (c)(2) to the partnership (or any person 
     related to such partner) shall be taken into account in 
     determining the qualified capital interests of the partners 
     in the partnership.
       ``(9) Special rule for qualified family partnerships.--
       ``(A) In general.--In the case of any specified family 
     partnership interest, paragraph (1)(A) shall be applied 
     without regard to the phrase `and who are not related to the 
     partner holding the qualified capital interest'.
       ``(B) Specified family partnership interest.--For purposes 
     of this paragraph, the term `specified family partnership 
     interest' means any investment services partnership interest 
     if--
       ``(i) such interest is an interest in a qualified family 
     partnership,
       ``(ii) such interest is held by a natural person or by a 
     trust with respect to which each beneficiary is a grantor or 
     a person whose relationship to the grantor is described in 
     section 267(b)(1), and
       ``(iii) all other interests in such qualified family 
     partnership with respect to which significant allocations are 
     made (within the meaning of paragraph (1)(B) and in 
     comparison to the allocations made to the interest described 
     in clause (ii)) are held by persons who--

       ``(I) are related to the natural person or trust referred 
     to in clause (ii), or
       ``(II) provide services described in subsection (c)(2).

       ``(C) Qualified family partnership.--For purposes of this 
     paragraph, the term `qualified family partnership' means any 
     partnership if--
       ``(i) all of the capital and profits interests of such 
     partnership are held by--

       ``(I) specified family members,
       ``(II) any person closely related (within the meaning of 
     subsection (c)(3)(C)(ii)) to a specified family member, or
       ``(III) any other person (not described in subclause (I) or 
     (II)) if such interest is an investment services partnership 
     interest with respect to such person, and

       ``(ii) such partnership does not hold itself out to the 
     public as an investment advisor.
       ``(D) Specified family members.--For purposes of 
     subparagraph (C), individuals shall be treated as specified 
     family members if such individuals would be treated as one 
     person under the rules of section 1361(c)(1) if the 
     applicable date (within the meaning of subparagraph (B)(iii) 
     thereof) were the latest of--
       ``(i) the date of the establishment of the partnership,
       ``(ii) the earliest date that the common ancestor holds a 
     capital or profits interest in the partnership, or
       ``(iii) the date of the enactment of this section.
       ``(e) Other Income and Gain in Connection With Investment 
     Management Services.--
       ``(1) In general.--If--
       ``(A) a person performs (directly or indirectly) investment 
     management services for any investment entity,
       ``(B) such person holds (directly or indirectly) a 
     disqualified interest with respect to such entity, and
       ``(C) the value of such interest (or payments thereunder) 
     is substantially related to the amount of income or gain 
     (whether or not realized) from the assets with respect to 
     which the investment management services are performed,
     any income or gain with respect to such interest shall be 
     treated as ordinary income. Rules similar to the rules of 
     subsections (a)(5) and (d) shall apply for purposes of this 
     subsection.
       ``(2) Definitions.--For purposes of this subsection--
       ``(A) Disqualified interest.--
       ``(i) In general.--The term `disqualified interest' means, 
     with respect to any investment entity--

       ``(I) any interest in such entity other than indebtedness,
       ``(II) convertible or contingent debt of such entity,
       ``(III) any option or other right to acquire property 
     described in subclause (I) or (II), and
       ``(IV) any derivative instrument entered into (directly or 
     indirectly) with such entity or any investor in such entity.

       ``(ii) Exceptions.--Such term shall not include--

       ``(I) a partnership interest,
       ``(II) except as provided by the Secretary, any interest in 
     a taxable corporation, and
       ``(III) except as provided by the Secretary, stock in an S 
     corporation.

       ``(B) Taxable corporation.--The term `taxable corporation' 
     means--
       ``(i) a domestic C corporation, or
       ``(ii) a foreign corporation substantially all of the 
     income of which is--

       ``(I) effectively connected with the conduct of a trade or 
     business in the United States, or
       ``(II) subject to a comprehensive foreign income tax (as 
     defined in section 457A(d)(2)).

       ``(C) Investment management services.--The term `investment 
     management services' means a substantial quantity of any of 
     the services described in subsection (c)(2).
       ``(D) Investment entity.--The term `investment entity' 
     means any entity which, if it were a partnership, would be an 
     investment partnership.
       ``(f) Exception for Domestic C Corporations.--Except as 
     otherwise provided by the Secretary, in the case of a 
     domestic C corporation--
       ``(1) subsections (a) and (b) shall not apply to any item 
     allocated to such corporation with respect to any investment 
     services partnership interest (or to any gain or loss with 
     respect to the disposition of such an interest), and
       ``(2) subsection (e) shall not apply.
       ``(g) Regulations.--The Secretary shall prescribe such 
     regulations or other guidance as is necessary or appropriate 
     to carry out the purposes of this section, including 
     regulations or other guidance to--
       ``(1) require such reporting and recordkeeping by any 
     person in such manner and at such time as the Secretary may 
     prescribe for purposes of enabling the partnership to meet 
     the requirements of section 6031 with respect to any item 
     described in section 702(a)(9),
       ``(2) provide modifications to the application of this 
     section (including treating related persons as not related to 
     one another) to the extent such modification is consistent 
     with the purposes of this section,
       ``(3) prevent the avoidance of the purposes of this section 
     (including through the use of qualified family partnerships), 
     and
       ``(4) coordinate this section with the other provisions of 
     this title.
       ``(h) Cross Reference.--For 40-percent penalty on certain 
     underpayments due to the avoidance of this section, see 
     section 6662.''.
       (b) Application of Section 751 to Indirect Dispositions of 
     Investment Services Partnership Interests.--
       (1) In general.--Subsection (a) of section 751 is amended 
     by striking ``or'' at the end of paragraph (1), by inserting 
     ``or'' at the end of paragraph (2), and by inserting after 
     paragraph (2) the following new paragraph:
       ``(3) investment services partnership interests held by the 
     partnership,''.
       (2) Certain distributions treated as sales or exchanges.--
     Subparagraph (A) of section 751(b)(1) is amended by striking 
     ``or'' at the end of clause (i), by inserting ``or'' at the 
     end of clause (ii), and by inserting after clause (ii) the 
     following new clause:
       ``(iii) investment services partnership interests held by 
     the partnership,''.
       (3) Application of special rules in the case of tiered 
     partnerships.--Subsection (f) of section 751 is amended--
       (A) by striking ``or'' at the end of paragraph (1), by 
     inserting ``or'' at the end of paragraph (2), and by 
     inserting after paragraph (2) the following new paragraph:
       ``(3) an investment services partnership interest held by 
     the partnership,'', and
       (B) by striking ``partner.'' and inserting ``partner (other 
     than a partnership in which it holds an investment services 
     partnership interest).''.
       (4) Investment services partnership interests; qualified 
     capital interests.--Section 751 is amended by adding at the 
     end the following new subsection:
       ``(g) Investment Services Partnership Interests.--For 
     purposes of this section--
       ``(1) In general.--The term `investment services 
     partnership interest' has the meaning given such term by 
     section 710(c).
       ``(2) Adjustments for qualified capital interests.--The 
     amount to which subsection (a) applies by reason of paragraph 
     (3) thereof shall not include so much of such amount as is 
     attributable to any portion of the investment services 
     partnership interest which is a qualified capital interest 
     (determined under rules similar to the rules of section 
     710(d)).
       ``(3) Exception for publicly traded partnerships.--Except 
     as otherwise provided by the Secretary, in the case of an 
     exchange of an interest in a publicly traded partnership (as 
     defined in section 7704) to which subsection (a) applies--
       ``(A) this section shall be applied without regard to 
     subsections (a)(3), (b)(1)(A)(iii), and (f)(3), and
       ``(B) such partnership shall be treated as owning its 
     proportionate share of the property of any other partnership 
     in which it is a partner.

[[Page S4893]]

       ``(4) Recognition of gains.--Any gain with respect to which 
     subsection (a) applies by reason of paragraph (3) thereof 
     shall be recognized notwithstanding any other provision of 
     this title.
       ``(5) Coordination with inventory items.--An investment 
     services partnership interest held by the partnership shall 
     not be treated as an inventory item of the partnership.
       ``(6) Prevention of double counting.--Under regulations or 
     other guidance prescribed by the Secretary, subsection (a)(3) 
     shall not apply with respect to any amount to which section 
     710 applies.
       ``(7) Valuation methods.--The Secretary shall prescribe 
     regulations or other guidance which provide the acceptable 
     methods for valuing investment services partnership interests 
     for purposes of this section.''.
       (c) Treatment for Purposes of Section 7704.--Subsection (d) 
     of section 7704 is amended by adding at the end the following 
     new paragraph:
       ``(6) Income from certain carried interests not 
     qualified.--
       ``(A) In general.--Specified carried interest income shall 
     not be treated as qualifying income.
       ``(B) Specified carried interest income.--For purposes of 
     this paragraph--
       ``(i) In general.--The term `specified carried interest 
     income' means--

       ``(I) any item of income or gain allocated to an investment 
     services partnership interest (as defined in section 710(c)) 
     held by the partnership,
       ``(II) any gain on the disposition of an investment 
     services partnership interest (as so defined) or a 
     partnership interest to which (in the hands of the 
     partnership) section 751 applies, and
       ``(III) any income or gain taken into account by the 
     partnership under subsection (b)(4) or (e) of section 710.

       ``(ii) Exception for qualified capital interests.--A rule 
     similar to the rule of section 710(d) shall apply for 
     purposes of clause (i).
       ``(C) Coordination with other provisions.--Subparagraph (A) 
     shall not apply to any item described in paragraph (1)(E) (or 
     so much of paragraph (1)(F) as relates to paragraph (1)(E)).
       ``(D) Special rules for certain partnerships.--
       ``(i) Certain partnerships owned by real estate investment 
     trusts.--Subparagraph (A) shall not apply in the case of a 
     partnership which meets each of the following requirements:

       ``(I) Such partnership is treated as publicly traded under 
     this section solely by reason of interests in such 
     partnership being convertible into interests in a real estate 
     investment trust which is publicly traded.
       ``(II) Fifty percent or more of the capital and profits 
     interests of such partnership are owned, directly or 
     indirectly, at all times during the taxable year by such real 
     estate investment trust (determined with the application of 
     section 267(c)).
       ``(III) Such partnership meets the requirements of 
     paragraphs (2), (3), and (4) of section 856(c).

       ``(ii) Certain partnerships owning other publicly traded 
     partnerships.--Subparagraph (A) shall not apply in the case 
     of a partnership which meets each of the following 
     requirements:

       ``(I) Substantially all of the assets of such partnership 
     consist of interests in one or more publicly traded 
     partnerships (determined without regard to subsection 
     (b)(2)).
       ``(II) Substantially all of the income of such partnership 
     is ordinary income or section 1231 gain (as defined in 
     section 1231(a)(3)).

       ``(E) Transitional rule.--Subparagraph (A) shall not apply 
     to any taxable year of the partnership beginning before the 
     date which is 10 years after the date of the enactment of 
     this paragraph.''.
       (d) Imposition of Penalty on Underpayments.--
       (1) In general.--Subsection (b) of section 6662 is amended 
     by inserting after paragraph (7) the following new paragraph:
       ``(8) The application of section 710(e) or the regulations 
     or other guidance prescribed under section 710(g) to prevent 
     the avoidance of the purposes of section 710.''.
       (2) Amount of penalty.--
       (A) In general.--Section 6662 is amended by adding at the 
     end the following new subsection:
       ``(k) Increase in Penalty in Case of Property Transferred 
     for Investment Management Services.--In the case of any 
     portion of an underpayment to which this section applies by 
     reason of subsection (b)(8), subsection (a) shall be applied 
     with respect to such portion by substituting `40 percent' for 
     `20 percent'.''.
       (B) Conforming amendment.--Subparagraph (B) of section 
     6662A(e)(2) is amended by striking ``or (i)'' and inserting 
     ``, (i), or (k)''.
       (3) Special rules for application of reasonable cause 
     exception.--Subsection (c) of section 6664 is amended--
       (A) by redesignating paragraphs (3) and (4) as paragraphs 
     (4) and (5), respectively;
       (B) by striking ``paragraph (3)'' in paragraph (5)(A), as 
     so redesignated, and inserting ``paragraph (4)''; and
       (C) by inserting after paragraph (2) the following new 
     paragraph:
       ``(3) Special rule for underpayments attributable to 
     investment management services.--
       ``(A) In general.--Paragraph (1) shall not apply to any 
     portion of an underpayment to which section 6662 applies by 
     reason of subsection (b)(8) unless--
       ``(i) the relevant facts affecting the tax treatment of the 
     item are adequately disclosed,
       ``(ii) there is or was substantial authority for such 
     treatment, and
       ``(iii) the taxpayer reasonably believed that such 
     treatment was more likely than not the proper treatment.
       ``(B) Rules relating to reasonable belief.--Rules similar 
     to the rules of subsection (d)(3) shall apply for purposes of 
     subparagraph (A)(iii).''.
       (e) Income and Loss From Investment Services Partnership 
     Interests Taken Into Account in Determining Net Earnings From 
     Self-Employment.--
       (1) Internal revenue code.--
       (A) In general.--Section 1402(a) is amended by striking 
     ``and'' at the end of paragraph (16), by striking the period 
     at the end of paragraph (17) and inserting ``; and'', and by 
     inserting after paragraph (17) the following new paragraph:
       ``(18) notwithstanding the preceding provisions of this 
     subsection, in the case of any individual engaged in the 
     trade or business of providing services described in section 
     710(c)(2) with respect to any entity, investment services 
     partnership income or loss (as defined in subsection (m)) of 
     such individual with respect to such entity shall be taken 
     into account in determining the net earnings from self-
     employment of such individual.''.
       (B) Investment services partnership income or loss.--
     Section 1402 is amended by adding at the end the following 
     new subsection:
       ``(m) Investment Services Partnership Income or Loss.--For 
     purposes of subsection (a)--
       ``(1) In general.--The term `investment services 
     partnership income or loss' means, with respect to any 
     investment services partnership interest (as defined in 
     section 710(c)) or disqualified interest (as defined in 
     section 710(e)), the net of--
       ``(A) the amounts treated as ordinary income or ordinary 
     loss under subsections (b) and (e) of section 710 with 
     respect to such interest,
       ``(B) all items of income, gain, loss, and deduction 
     allocated to such interest, and
       ``(C) the amounts treated as realized from the sale or 
     exchange of property other than a capital asset under section 
     751 with respect to such interest.
       ``(2) Exception for qualified capital interests.--A rule 
     similar to the rule of section 710(d) shall apply for 
     purposes of applying paragraph (1)(B).''.
       (2) Social security act.--Section 211(a) of the Social 
     Security Act is amended by striking ``and'' at the end of 
     paragraph (15), by striking the period at the end of 
     paragraph (16) and inserting ``; and'', and by inserting 
     after paragraph (16) the following new paragraph:
       ``(17) Notwithstanding the preceding provisions of this 
     subsection, in the case of any individual engaged in the 
     trade or business of providing services described in section 
     710(c)(2) of the Internal Revenue Code of 1986 with respect 
     to any entity, investment services partnership income or loss 
     (as defined in section 1402(m) of such Code) shall be taken 
     into account in determining the net earnings from self-
     employment of such individual.''.
       (f) Separate Accounting by Partner.--Section 702(a) is 
     amended by striking ``and'' at the end of paragraph (7), by 
     striking the period at the end of paragraph (8) and inserting 
     ``, and'', and by inserting after paragraph (8) the 
     following:
       ``(9) any amount treated as ordinary income or loss under 
     subsection (a), (b), or (e) of section 710.''.
       (g) Conforming Amendments.--
       (1) Subsection (d) of section 731 is amended by inserting 
     ``section 710(b)(4) (relating to distributions of partnership 
     property),'' after ``to the extent otherwise provided by''.
       (2) Section 741 is amended by inserting ``or section 710 
     (relating to special rules for partners providing investment 
     management services to partnerships)'' before the period at 
     the end.
       (3) The table of sections for part I of subchapter K of 
     chapter 1 is amended by adding at the end the following new 
     item:

``Sec. 710. Special rules for partners providing investment management 
              services to partnerships.''.
       (h) Effective Date.--
       (1) In general.--Except as otherwise provided in this 
     subsection, the amendments made by this section shall apply 
     to taxable years ending after the date of the enactment of 
     this Act.
       (2) Partnership taxable years which include effective 
     date.--In applying section 710(a) of the Internal Revenue 
     Code of 1986 (as added by this section) in the case of any 
     partnership taxable year which includes the date of the 
     enactment of this Act, the amount of the net capital gain 
     referred to in such section shall be treated as being the 
     lesser of the net capital gain for the entire partnership 
     taxable year or the net capital gain determined by only 
     taking into account items attributable to the portion of the 
     partnership taxable year which is after such date.
       (3) Dispositions of partnership interests.--
       (A) In general.--Section 710(b) of such Code (as added by 
     this section) shall apply to dispositions and distributions 
     after the date of the enactment of this Act.
       (B) Indirect dispositions.--The amendments made by 
     subsection (b) shall apply to

[[Page S4894]]

     transactions after the date of the enactment of this Act.
       (4) Other income and gain in connection with investment 
     management services.--Section 710(e) of such Code (as added 
     by this section) shall take effect on the date of the 
     enactment of this Act.

                          ____________________