[Congressional Record (Bound Edition), Volume 147 (2001), Part 5]
[Senate]
[Pages 7231-7234]
[From the U.S. Government Publishing Office, www.gpo.gov]



                           TEXT OF AMENDMENTS

  SA 378. Mr. KENNEDY (for Mrs. Murray) proposed an amendment to 
amendment SA 358 proposed by Mr. Jeffords to the bill (S. 1) to extend 
programs and activities under the Elementary and Secondary Education 
Act of 1965; as follows:

       On page 383, after line 21, add the following:

     SEC. 203. CLASS SIZE REDUCTION.

       Title II of the Elementary and Secondary Education Act of 
     1965, as amended by sections 201 and 202, is further amended 
     by adding at the end the following:

                     ``PART E--CLASS SIZE REDUCTION

     ``SEC. 2501. GRANT PROGRAM.

       ``(a) Purpose.--The purposes of this section are--
       ``(1) to reduce class size through the use of highly 
     qualified teachers;
       ``(2) to assist States and local educational agencies in 
     recruiting, hiring, and training 100,000 teachers in order to 
     reduce class sizes nationally, in the early grades, to an 
     average of 18 students per regular classroom; and
       ``(3) to improve teaching in those grades so that all 
     students can learn to read independently and well by the end 
     of the 3rd grade.
       ``(b) Allotment to States.--
       ``(1) Reservation.--From the amount made available to carry 
     out this part for a fiscal year, the Secretary shall reserve 
     not more than 1 percent for the Secretary of the Interior (on 
     behalf of the Bureau of Indian Affairs) and the outlying 
     areas for activities carried out in accordance with this 
     section.
       ``(2) State allotments.--
       ``(A) Hold harmless.--
       ``(i) In general.--Subject to subparagraph (B) and clause 
     (ii), from the amount made available to carry out this part 
     for a fiscal year and not reserved under paragraph (1), the 
     Secretary shall allot to each State an amount equal to the 
     amount that such State received for the preceding fiscal year 
     under this section or section 306 of the Department of 
     Education Appropriations Act, 2001 (as enacted into law by 
     section 1(a)(1) of Public Law 106-554), as the case may be.
       ``(ii) Ratable reduction.--If the amount made available to 
     carry out this part for a fiscal year and not reserved under 
     paragraph (1) is insufficient to pay the full amounts that 
     all States are eligible to receive under clause (i) for such 
     fiscal year, the Secretary shall ratably reduce such amounts 
     for such fiscal year.
       ``(B) Allotment of additional funds.--
       ``(i) In general.--Subject to clause (ii), for any fiscal 
     year for which the amount made available to carry out this 
     part and not reserved under paragraph (1) exceeds the amount 
     made available to the States for the preceding year under the 
     authorities described in subparagraph (A)(i), the Secretary 
     shall allot to each of those States the percentage of the 
     excess amount that is the greater of--

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

       ``(ii) Ratable reductions.--If the excess amount for a 
     fiscal year is insufficient to pay the full amounts that all 
     States are eligible to receive under clause (i) for such 
     fiscal year, the Secretary shall ratably reduce such amounts 
     for such fiscal year.
       ``(c) Allocation to Local Educational Agencies.--
       ``(1) Allocation.--Each State that receives funds under 
     this section shall allocate a portion equal to not less than 
     99 percent of those funds to local educational agencies, of 
     which--
       ``(A) 80 percent of the portion shall be allocated to those 
     local educational agencies in proportion to the number of 
     children, age 5 through 17, from families with incomes below 
     the poverty line (as defined by the Office of Management and 
     Budget and revised annually in accordance with section 673(2) 
     of the Community Services Block Grant Act) applicable to a 
     family of the size involved, who reside in the school 
     district served by that local educational agency for the most 
     recent fiscal year for which satisfactory data are available, 
     compared to the number of those children who reside in the 
     school districts served by all the local educational agencies 
     in the State for that fiscal year; and
       ``(B) 20 percent of the portion shall be allocated to those 
     local educational agencies in accordance with the relative 
     enrollments of children, age 5 through 17, in public and 
     private nonprofit elementary schools and secondary schools 
     within the areas served by those agencies.
       ``(2) Exception.--Notwithstanding paragraph (1) and 
     subsection (d)(2)(B), if the award to a local educational 
     agency under this section is less than the starting salary 
     for a new highly qualified teacher for a school served by 
     that agency who is certified or licensed within the State, 
     has a baccalaureate degree, and demonstrates the general 
     knowledge, teaching skills, and subject matter knowledge 
     required to teach in the content areas in which the teacher 
     teaches, that agency may use funds made available under this 
     section to--
       ``(A) help pay the salary of a full- or part-time teacher 
     hired to reduce class size, which may be done in combination 
     with the expenditure of other Federal, State, or local funds; 
     or
       ``(B) pay for activities described in subsection 
     (d)(2)(A)(iii) that may be related to teaching in smaller 
     classes.
       ``(3) State administrative expenses.--The State educational 
     agency for a State that receives funds under this section may 
     use not more than 1 percent of the funds for State 
     administrative expenses.
       ``(d) Use of Funds.--
       ``(1) Mandatory uses.--Each local educational agency that 
     receives funds under

[[Page 7232]]

     this section shall use those funds to carry out effective 
     approaches to reducing class size through use of highly 
     qualified teachers to improve educational achievement for 
     both regular and special needs children, with particular 
     consideration given to reducing class size in the early 
     elementary grades for which some research has shown class 
     size reduction is most effective.
       ``(2) Permissible uses.--
       ``(A) In general.--Each such local educational agency may 
     use funds made available under this section for--
       ``(i) recruiting (including through the use of signing 
     bonuses, and other financial incentives), hiring, and 
     training highly qualified regular and special education 
     teachers (which may include hiring special education teachers 
     to team-teach with regular teachers in classrooms that 
     contain both children with disabilities and non-disabled 
     children) and teachers of special needs children, who are 
     certified or licensed within the State, have a baccalaureate 
     degree and demonstrate the general knowledge, teaching 
     skills, and subject matter knowledge required to teach in the 
     content areas in which the teachers teach;
       ``(ii) testing new teachers for academic content knowledge, 
     and to meet State certification or licensing requirements 
     that are consistent with this title; and
       ``(iii) providing professional development (which may 
     include such activities as promoting retention and mentoring) 
     for teachers, including special education teachers and 
     teachers of special needs children, in order to meet the goal 
     of ensuring that all teachers have the general knowledge, 
     teaching skills, and subject matter knowledge necessary to 
     teach effectively in the content areas in which the teachers 
     teach, consistent with title II of the Higher Education Act 
     of 1965.
       ``(B) Limitation on testing and professional development.--
       ``(i) In general.--Except as provided in clause (ii), a 
     local educational agency may use not more than a total of 25 
     percent of the funds received by the agency under this 
     section for activities described in clauses (ii) and (iii) of 
     subparagraph (A).
       ``(ii) Waivers.--A local educational agency may apply to 
     the State educational agency for a waiver that would permit 
     the agency to use more than 25 percent of the funds the 
     agency receives under this section for activities described 
     in subparagraph (A)(iii) for the purpose of helping teachers 
     who have not met applicable State and local certification or 
     licensing requirements become certified or licensed if--

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

       ``(iii) Use of funds under waiver.--If the State 
     educational agency approves the local educational agency's 
     application for a waiver under clause (ii), the local 
     educational agency may use the funds subject to the 
     conditions of the waiver for activities described in 
     subparagraph (A)(iii) that are needed to ensure that at least 
     90 percent of the teachers in the elementary schools are 
     certified or licensed within the State.
       ``(C) Use of funds by agencies that have reduced class 
     size.--Notwithstanding subparagraph (B), a local educational 
     agency that has already reduced class size in the early 
     elementary grades to 18 or fewer children (or has already 
     reduced class size to a State or local class size reduction 
     goal that was in effect on November 28, 1999 if that goal is 
     20 or fewer children) may use funds received under this 
     section--
       ``(i) to make further class size reductions in kindergarten 
     through third grade;
       ``(ii) to reduce class size in other grades; or
       ``(iii) to carry out activities to improve teacher quality, 
     including professional development.
       ``(3) Supplement, not supplant.--Each such agency shall use 
     funds made available under this section only to supplement, 
     and not to supplant, State and local funds that, in the 
     absence of funds made available under this section, would 
     otherwise be expended for activities described in this 
     section.
       ``(4) Limitation on use for salaries and benefits.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     no funds made available under this section may be used to 
     increase the salaries of, or provide benefits (other than 
     participation in professional development and enrichment 
     programs) to, teachers who are not hired under this section.
       ``(B) Exception.--Funds made available under this section 
     may be used to pay the salaries of teachers hired under--
       ``(i) section 307 of the Department of Education 
     Appropriations Act, 1999;
       ``(ii) section 310 of the Department of Education 
     Appropriations Act, 2000; or
       ``(iii) section 306 of the Department of Education 
     Appropriations Act, 2001 (as enacted into law by section 
     1(a)(1) of Public Law 106-554).
       ``(e) Reports.--
       ``(1) State activities.--Each State receiving funds under 
     this section shall prepare and submit to the Secretary a 
     biennial report on activities carried out in the State under 
     this section that provides data on the use of funds, the 
     types of services furnished, and the students served under 
     this part.
       ``(2) Progress concerning class size and qualified 
     teachers.--Each State and local educational agency receiving 
     funds under this section shall publicly report to parents 
     on--
       ``(A) the agency's progress in reducing class size; and
       ``(B) the impact that hiring additional highly qualified 
     teachers and reducing class size, has had, if any, on 
     increasing student academic achievement.
       ``(3) Professional qualifications.--Each school receiving 
     funds under this section shall provide to parents, on 
     request, information about the professional qualifications of 
     their child's teacher.
       ``(f) Private Schools.--If a local educational agency uses 
     funds made available under this section for professional 
     development activities, the agency shall ensure the equitable 
     participation of private nonprofit elementary schools and 
     secondary schools in such activities in accordance with 
     section 5342. Section 5342 shall not apply to other 
     activities carried out under this section.
       ``(g) Local Administrative Expenses.--A local educational 
     agency that receives funds under this section may use not 
     more than 3 percent of such funds for local administrative 
     expenses.
       ``(h) Request for Funds.--Each local educational agency 
     that desires to receive funds under this section shall 
     include in the application required under section 2122 a 
     description of the agency's program to reduce class size by 
     hiring additional highly qualified teachers.
       ``(i) Certification, Licensing, and Competency.--No funds 
     made available under this section may be used to pay the 
     salary of any teacher hired with funds made available under--
       ``(1) section 307 of the Department of Education 
     Appropriations Act, 1999;
       ``(2) section 310 of the Department of Education 
     Appropriations Act, 2000; or
       ``(3) section 306 of the Department of Education 
     Appropriations Act, 2001 (as enacted into law by section 
     1(a)(1) of Public Law 106-554),

     unless, by the start of the 2002-2003 school year, the 
     teacher is certified or licensed within the State and 
     demonstrates competency in the content areas in which the 
     teacher teaches.
       ``(j) Definition.--In this section:
       ``(1) Certified.--The term `certified' includes 
     certification through State or local alternative routes.
       ``(2) State.--The term `State' means each of the 50 States, 
     the District of Columbia, and the Commonwealth of Puerto 
     Rico.

     ``SEC. 2502. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     part $2,400,000,000 for fiscal year 2002, and such sums as 
     may be necessary for each of the 6 succeeding fiscal 
     years.''.
                                  ____

  SA 379. Mr. KENNEDY (for Ms. Mikulski (for herself and Mr. Kennedy)) 
proposed an amendment to amendment SA 358 proposed by Mr. Jeffords to 
the bill (S. 1) to extend programs and activities under the Elementary 
and Secondary Education Act of 1965; as follows:

       On page 245, between lines 13 and 14, insert the following:

          ``Subpart 1--21st Century Community Learning Centers

       On page 245, line 15, strike ``part'' and insert 
     ``subpart''.
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     ``subpart''.
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     ``subpart''.
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     ``subpart''.
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     ``subpart''.
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     ``subpart''.
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     ``subpart''.
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     ``subpart''.
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     ``subpart''.
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     ``subpart''.
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     ``subpart''.
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     ``subpart''.
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     ``subpart''.
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     ``subpart''.
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     ``subpart''.
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     ``subpart''.
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     ``subpart''.
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     ``subpart''.
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     ``subpart''.

[[Page 7233]]

       On page 256, line 24, strike ``part'' and insert 
     ``subpart''.
       On page 257, line 1, strike ``part'' and insert 
     ``subpart''.
       On page 257, line 12, strike ``part'' and insert 
     ``subpart''.
       On page 257, between lines 18 and 19, insert the following:

               ``Subpart 2--Community Technology Centers

     ``SEC. 1611. PURPOSE; PROGRAM AUTHORITY.

       ``(a) Purpose.--It is the purpose of this subpart to assist 
     eligible applicants to--
       ``(1) create or expand community technology centers that 
     will provide disadvantaged residents of economically 
     distressed urban and rural communities with access to 
     information technology and related training; and
       ``(2) provide technical assistance and support to community 
     technology centers.
       ``(b) Program Authority.--
       ``(1) In general.--The Secretary is authorized, through the 
     Office of Educational Technology, to award grants, contracts, 
     or cooperative agreements on a competitive basis to eligible 
     applicants in order to assist such applicants in--
       ``(A) creating or expanding community technology centers; 
     or
       ``(B) providing technical assistance and support to 
     community technology centers.
       ``(2) Period of award.--The Secretary may award grants, 
     contracts, or cooperative agreements under this subpart for a 
     period of not more than 3 years.
       ``(3) Service of americorps participants.--The Secretary 
     may collaborate with the Chief Executive Officer of the 
     Corporation for National and Community Service on the use of 
     participants in National Service programs carried out under 
     subtitle C of title I of the National and Community Service 
     Act of 1990 in community technology centers.

     ``SEC. 1612. ELIGIBILITY AND APPLICATION REQUIREMENTS.

       ``(a) Eligible Applicants.--In order to be eligible to 
     receive an award under this subpart, an applicant shall--
       ``(1) have the capacity to expand significantly access to 
     computers and related services for disadvantaged residents of 
     economically distressed urban and rural communities (who 
     would otherwise be denied such access); and
       ``(2) be--
       ``(A) an entity such as a foundation, museum, library, for-
     profit business, public or private nonprofit organization, or 
     community-based organization;
       ``(B) an institution of higher education;
       ``(C) a State educational agency;
       ``(D) a local education agency; or
       ``(E) a consortium of entities described in subparagraphs 
     (A), (B), (C), or (D).
       ``(b) Application Requirements.--In order to receive an 
     award under this subpart, an eligible applicant shall submit 
     an application to the Secretary at such time, and containing 
     such information, as the Secretary may require. Such 
     application shall include--
       ``(1) a description of the proposed project, including a 
     description of the magnitude of the need for the services and 
     how the project would expand access to information technology 
     and related services to disadvantaged residents of an 
     economically distressed urban or rural community;
       ``(2) a demonstration of--
       ``(A) the commitment, including the financial commitment, 
     of entities such as institutions, organizations, business and 
     other groups in the community that will provide support for 
     the creation, expansion, and continuation of the proposed 
     project; and
       ``(B) the extent to which the proposed project establishes 
     linkages with other appropriate agencies, efforts, and 
     organizations providing services to disadvantaged residents 
     of an economically distressed urban or rural community;
       ``(3) a description of how the proposed project would be 
     sustained once the Federal funds awarded under this subpart 
     end; and
       ``(4) a plan for the evaluation of the program, which shall 
     include benchmarks to monitor progress toward specific 
     project objectives.
       ``(c) Matching Requirements.--The Federal share of the cost 
     of any project funded under this subpart shall not exceed 50 
     percent. The non-Federal share of such project may be in cash 
     or in kind, fairly evaluated, including services.

     ``SEC. 1613. USES OF FUNDS.

       ``(a) Required Uses.--A recipient shall use funds under 
     this subpart for--
       ``(1) creating or expanding community technology centers 
     that expand access to information technology and related 
     training for disadvantaged residents of distressed urban or 
     rural communities; and
       ``(2) evaluating the effectiveness of the project.
       ``(b) Permissible Uses.--A recipient may use funds under 
     this subpart for activities, described in its application, 
     that carry out the purposes of this subpart, such as--
       ``(1) supporting a center coordinator, and staff, to 
     supervise instruction and build community partnerships;
       ``(2) acquiring equipment, networking capabilities, and 
     infrastructure to carry out the project; and
       ``(3) developing and providing services and activities for 
     community residents that provide access to computers, 
     information technology, and the use of such technology in 
     support of pre-school preparation, academic achievement, 
     lifelong learning, and workforce development, such as the 
     following:
       ``(A) After-school activities in which children and youths 
     use software that provides academic enrichment and assistance 
     with homework, develop their technical skills, explore the 
     Internet, and participate in multimedia activities, including 
     web page design and creation.
       ``(B) Adult education and family literacy activities 
     through technology and the Internet, including--
       ``(i) General Education Development, English as a Second 
     Language, and adult basic education classes or programs;
       ``(ii) introduction to computers;
       ``(iii) intergenerational activities; and
       ``(iv) lifelong learning opportunities.
       ``(C) Career development and job preparation activities, 
     such as--
       ``(i) training in basic and advanced computer skills;
       ``(ii) resume writing workshops; and
       ``(iii) access to databases of employment opportunities, 
     career information, and other online materials.
       ``(D) Small business activities, such as--
       ``(i) computer-based training for basic entrepreneurial 
     skills and electronic commerce; and
       ``(ii) access to information on business start-up programs 
     that is available online, or from other sources.
       ``(E) Activities that provide home access to computers and 
     technology, such as assistance and services to promote the 
     acquisition, installation, and use of information technology 
     in the home through low-cost solutions such as networked 
     computers, web-based television devices, and other 
     technology.

     ``SEC. 1614. AUTHORIZATION OF APPROPRIATIONS.

       ``For purposes of carrying out this subpart, there is 
     authorized to be appropriated $100,000,000 for fiscal year 
     2002 and such sums as may be necessary for each of the 6 
     succeeding fiscal years.
                                  ____

  SA 380. Mr. ALLEN (for himself and Mr. Warner) proposed an amendment 
to amendment SA 358 proposed by Mr. Jeffords to the bill (S. 1) to 
extend programs and activities under the Elementary and Secondary 
Education Act of 1965; as follows:

       At the appropriate place, insert the following:

     SEC.    SENSE OF THE SENATE REGARDING EDUCATION OPPORTUNITY 
                   TAX RELIEF.

       (a) Findings.--The Senate finds the following:
       (1) Improving the education of our children is an essential 
     and important responsibility facing this country.
       (2) Strong parental involvement is a cornerstone for 
     academic success; it is parents who know and understand the 
     special, individual needs of their own children.
       (3) Advanced technology has fueled unprecedented economic 
     growth and positively transformed the way Americans conduct 
     business and communicate with each other.
       (4) Families will need ready access to the technical tools 
     and skills necessary for their school age children to succeed 
     in the classroom and the increasingly competitive 
     international marketplace.
       (5) Studies have shown that the presence of a computer in 
     the home has a positive impact on a student's level of 
     academic achievement and performance in school.
       (6) Tax relief, enabling the purchase of technology and 
     tutorial services for K-12 education purposes, would 
     significantly help defray the cost of education expenses by: 
     empowering families financially and increasing education 
     spending; allowing families to provide their children access 
     to a far greater range of educational opportunities suited to 
     their individual needs, and; bridging the digital divide.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that Congress and the President should--
       (1) Act expeditiously to pass legislation in the First 
     Session of the 107th Congress that provides tax relief to 
     parents of K-12 students for the cost of their children's 
     education-related expenses, specifically, computers, 
     peripherals and computer-related technology, educational 
     software, Internet access and tutoring services; and
       (2) That such tax relief would not apply toward the cost of 
     private school tuition.
                                  ____

  SA 381. Mr. ALLARD submitted an amendment intended to be proposed by 
him to the bill S. 1, to extend programs and activities under the 
Elementary and Secondary Education Act of 1965; which was ordered to 
lie on the table; as follows:

       At the end of title IX, insert the following:

     SEC. __. AMENDMENT TO THE INDIVIDUALS WITH DISABILITIES 
                   EDUCATION ACT.

       Part D of the Individuals with Disabilities Education Act 
     (20 U.S.C. 1451 et seq.) is amended by adding at the end the 
     following:

[[Page 7234]]



      ``Chapter 3--Improving Early Intervention, Educational, and 
   Transitional Services and Results for Children with Disabilities 
               Through the Provision of Certain Services

     ``SEC. 691. FINDINGS.

       ``Congress makes the following findings:
       ``(1) Approximately 1,000,000 children and youth in the 
     United States have low-incidence disabilities which affects 
     the hearing, vision, movement, emotional, and intellectual 
     capabilities of such children and youth.
       ``(2) There are 15 States that do not offer or maintain 
     teacher training programs for any of the 3 categories of low-
     incidence disabilities. The 3 categories are deafness, 
     blindness, and severe disabilities.
       ``(3) There are 38 States in which teacher training 
     programs are not offered or maintained for 1 or more of the 3 
     categories of low-incidence disabilities.
       ``(4) The University of Northern Colorado is in a unique 
     position to provide expertise, materials, and equipment to 
     other schools and educators across the nation to train 
     current and future teachers to educate individuals that are 
     challenged by low-incidence disabilities.

     ``SEC. 692. NATIONAL CENTER FOR LOW-INCIDENCE DISABILITIES.

       ``In order to fill the national need for teachers trained 
     to educate children who are challenged with low-incidence 
     disabilities, the University of Northern Colorado shall be 
     designated as a National Center for Low-Incidence 
     Disabilities.

     ``SEC. 693. SPECIAL EDUCATION TEACHER TRAINING PROGRAMS.

       ``(a) Grant.--The Secretary shall award a grant to the 
     University of Northern Colorado to enable such University to 
     provide to institutions of higher education across the nation 
     such services that are offered under the special education 
     teacher training program carried out by such University, such 
     as providing educational materials or other information 
     necessary in order to aid in such teacher training.
       ``(b) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section, 
     $2,000,000 for fiscal year 2002, and $1,000,000 for each of 
     the fiscal years 2003 through 2005.''.
                                  ____

  SA 382. Mr. DODD proposed an amendment to amendment SA 358 proposed 
by Mr. Jeffords to the bill (S. 1) to extend programs and activities 
under the Elementary and Secondary Education Act of 1965; as follows:

       On page 752, line 7, strike ``F or''.

                          ____________________