[Congressional Record (Bound Edition), Volume 147 (2001), Part 5]
[Senate]
[Pages 7329-7334]
[From the U.S. Government Publishing Office, www.gpo.gov]



                           TEXT OF AMENDMENTS

  SA 383. Mr. WARNER (for himself, Ms. Collins, and Mr. Allen) 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 TAX RELIEF FOR 
                   ELEMENTARY AND SECONDARY EDUCATORS.

       (a) Findings.--The Senate finds the following:
       (1) The average salary for an elementary and secondary 
     school teacher in the United States with a Master's degree 
     and 16 years of experience is approximately $40,582.
       (2) The average starting salary for teachers in the United 
     States is $26,000.
       (3) Our educators make many personal and financial 
     sacrifices to educate our youth.
       (4) Teachers spend on average $408 a year, out of their own 
     money, to bring educational supplies into their classrooms.
       (5) Educators spend significant money out of their own 
     pocket every year on professional development expenses so 
     they can better educate our youth.
       (6) Many educators accrue significant higher education 
     student loans that must be repaid and whereas these loans are 
     accrued by educators in order for them to obtain degrees 
     necessary to become qualified to serve in our nation's 
     schools.
       (7) As a result of these numerous out of pocket expenses 
     that our teachers spend every year, and other factors, 6% of 
     the nation's teaching force leaves the profession every year, 
     and 20% of all new hires leave the teaching profession within 
     three years.
       (8) This country is in the midst of a teacher shortage, 
     with estimates that 2.4 million new teachers will be needed 
     by 2009 because of teacher attrition, teacher retirement, and 
     increased student enrollment.
       (9) The federal government can and should play a role to 
     help alleviate the nation's teaching shortage.
       (10) The current tax code provides little recognition of 
     the fact that our educators spend significant money out of 
     their own pocket to better the education of our children.
       (11) President Bush has recognized the importance of 
     providing teachers with additional tax relief, in recognition 
     of the many financial sacrifices our teachers make.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that Congress and the President should--
       (1) should pass legislation providing elementary and 
     secondary level educators with additional tax relief in 
     recognition of the many out of pocket unreimbursed expenses 
     educators incur to improve the education of our Nation's 
     students.
                                  ____

  SA 384. Mr. McCONNELL (for himself, Mr. Miller, Mr. Sessions, and Mr. 
Inhofe) 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 end, add the following:

                      TITLE __--TEACHER PROTECTION

     SEC. __1. TEACHER PROTECTION.

       The Act (20 U.S.C. 6301 et seq.) is amended by adding at 
     the end the following:

                     ``TITLE __--TEACHER PROTECTION

     ``SEC. __1. SHORT TITLE.

       ``This title may be cited as the `Paul D. Coverdell Teacher 
     Protection Act of 2001'.

     ``SEC. __2. FINDINGS AND PURPOSE.

       ``(a) Findings.--Congress makes the following findings:
       ``(1) The ability of teachers, principals and other school 
     professionals to teach, inspire and shape the intellect of 
     our Nation's elementary and secondary school students is 
     deterred and hindered by frivolous lawsuits and litigation.
       ``(2) Each year more and more teachers, principals and 
     other school professionals face lawsuits for actions 
     undertaken as part of their duties to provide millions of 
     school children quality educational opportunities.
       ``(3) Too many teachers, principals and other school 
     professionals face increasingly severe and random acts of 
     violence in the classroom and in schools.
       ``(4) Providing teachers, principals and other school 
     professionals a safe and secure environment is an important 
     part of the effort to improve and expand educational 
     opportunities, which are critical for the continued economic 
     development of the United States.
       ``(5) Frivolous lawsuits against teachers maintaining order 
     in the classroom impose significant financial burdens on 
     local educational agencies, and deprive the agencies of funds 
     that would best be used for educating students.
       ``(6) Clarifying and limiting the liability of teachers, 
     principals and other school professionals who undertake 
     reasonable actions to maintain order, discipline and an 
     appropriate educational environment is an appropriate subject 
     of Federal legislation because--
       ``(A) the scope of the problems created by the legitimate 
     fears of teachers, principals and other school professionals 
     about frivolous, arbitrary or capricious lawsuits against 
     teachers is of national importance; and
       ``(B) millions of children and their families across the 
     Nation depend on teachers, principals and other school 
     professionals for the intellectual development of children.
       ``(b) Purpose.--The purpose of this title is to provide 
     teachers, principals and other school professionals the tools 
     they need to undertake reasonable actions to maintain order, 
     discipline, and an appropriate educational environment.

     ``SEC. __3. PREEMPTION AND ELECTION OF STATE 
                   NONAPPLICABILITY.

       ``(a) Preemption.--This title preempts the laws of any 
     State to the extent that such laws are inconsistent with this 
     title, except that this title shall not preempt any State law 
     that provides additional protection from liability relating 
     to teachers.
       ``(b) Election of State Regarding Nonapplicability.--This 
     title shall not apply to any civil action in a State court 
     against a teacher with respect to claims arising within that 
     State if such State enacts a statute in accordance with State 
     requirements for enacting legislation--
       ``(1) citing the authority of this subsection;
       ``(2) declaring the election of such State that this title 
     shall not apply, as of a date certain, to such civil action 
     in the State; and
       ``(3) containing no other provisions.

     ``SEC. __4. LIMITATION ON LIABILITY FOR TEACHERS.

       ``(a) Liability Protection for Teachers.--Except as 
     provided in subsections (b) and (c), no teacher in a school 
     shall be liable for harm caused by an act or omission of the 
     teacher on behalf of the school if--
       ``(1) the teacher was acting within the scope of the 
     teacher's employment or responsibilities related to providing 
     educational services;
       ``(2) the actions of the teacher were carried out in 
     conformity with local, State, and Federal laws, rules and 
     regulations in furtherance of efforts to control, discipline, 
     expel, or suspend a student or maintain order or control in 
     the classroom or school;
       ``(3) if appropriate or required, the teacher was properly 
     licensed, certified, or authorized by the appropriate 
     authorities for the activities or practice in the State in 
     which the harm occurred, where the activities were or 
     practice was undertaken within the scope of the teacher's 
     responsibilities;
       ``(4) the harm was not caused by willful or criminal 
     misconduct, gross negligence, reckless misconduct, or a 
     conscious, flagrant indifference to the rights or safety of 
     the individual harmed by the teacher; and
       ``(5) the harm was not caused by the teacher operating a 
     motor vehicle, vessel, aircraft, or other vehicle for which 
     the State requires the operator or the owner of the vehicle, 
     craft, or vessel to--
       ``(A) possess an operator's license; or
       ``(B) maintain insurance.
       ``(b) Concerning Responsibility of Teachers to Schools and 
     Governmental Entities.--Nothing in this section shall be 
     construed to affect any civil action brought by any school or 
     any governmental entity against any teacher of such school.
       ``(c) Exceptions to Teacher Liability Protection.--If the 
     laws of a State limit teacher liability subject to one or 
     more of the following conditions, such conditions shall not 
     be construed as inconsistent with this section:
       ``(1) A State law that requires a school or governmental 
     entity to adhere to risk management procedures, including 
     mandatory training of teachers.
       ``(2) A State law that makes the school or governmental 
     entity liable for the acts or omissions of its teachers to 
     the same extent as an employer is liable for the acts or 
     omissions of its employees.
       ``(3) A State law that makes a limitation of liability 
     inapplicable if the civil action was brought by an officer of 
     a State or local government pursuant to State or local law.
       ``(d) Limitation on Punitive Damages Based on the Actions 
     of Teachers.--
       ``(1) General rule.--Punitive damages may not be awarded 
     against a teacher in an action brought for harm based on the 
     action or omission of a teacher acting within the scope of 
     the teacher's responsibilities to a school or governmental 
     entity unless the

[[Page 7330]]

     claimant establishes by clear and convincing evidence that 
     the harm was proximately caused by an action or omission of 
     such teacher which constitutes willful or criminal 
     misconduct, or a conscious, flagrant indifference to the 
     rights or safety of the individual harmed.
       ``(2) Construction.--Paragraph (1) does not create a cause 
     of action for punitive damages and does not preempt or 
     supersede any Federal or State law to the extent that such 
     law would further limit the award of punitive damages.
       ``(e) Exceptions to Limitations on Liability.--
       ``(1) In general.--The limitations on the liability of a 
     teacher under this title shall not apply to any misconduct 
     that--
       ``(A) constitutes a crime of violence (as that term is 
     defined in section 16 of title 18, United States Code) or act 
     of international terrorism (as that term is defined in 
     section 2331 of title 18, United States Code) for which the 
     defendant has been convicted in any court;
       ``(B) involves a sexual offense, as defined by applicable 
     State law, for which the defendant has been convicted in any 
     court;
       ``(C) involves misconduct for which the defendant has been 
     found to have violated a Federal or State civil rights law; 
     or
       ``(D) where the defendant was under the influence (as 
     determined pursuant to applicable State law) of intoxicating 
     alcohol or any drug at the time of the misconduct.
       ``(2) Hiring.--The limitations on the liability of a 
     teacher under this title shall not apply to misconduct during 
     background investigations, or during other actions, involved 
     in the hiring of a teacher.

     ``SEC. __5. LIABILITY FOR NONECONOMIC LOSS.

       ``(a) General Rule.--In any civil action against a teacher, 
     based on an action or omission of a teacher acting within the 
     scope of the teacher's responsibilities to a school or 
     governmental entity, the liability of the teacher for 
     noneconomic loss shall be determined in accordance with 
     subsection (b).
       ``(b) Amount of Liability.--
       ``(1) In general.--Each defendant who is a teacher, shall 
     be liable only for the amount of noneconomic loss allocated 
     to that defendant in direct proportion to the percentage of 
     responsibility of that defendant (determined in accordance 
     with paragraph (2)) for the harm to the claimant with respect 
     to which that defendant is liable. The court shall render a 
     separate judgment against each defendant in an amount 
     determined pursuant to the preceding sentence.
       ``(2) Percentage of responsibility.--For purposes of 
     determining the amount of noneconomic loss allocated to a 
     defendant who is a teacher under this section, the trier of 
     fact shall determine the percentage of responsibility of each 
     person responsible for the claimant's harm, whether or not 
     such person is a party to the action.
       ``(c) Rule of Construction.--Nothing in this section shall 
     be construed to preempt or supersede any Federal or State law 
     that further limits the application of joint liability in a 
     civil action described in subsection (a), beyond the 
     limitations established in this section.

     ``SEC. __6. DEFINITIONS.

       ``For purposes of this title:
       ``(1) Economic loss.--The term `economic loss' means any 
     pecuniary loss resulting from harm (including the loss of 
     earnings or other benefits related to employment, medical 
     expense loss, replacement services loss, loss due to death, 
     burial costs, and loss of business or employment 
     opportunities) to the extent recovery for such loss is 
     allowed under applicable State law.
       ``(2) Harm.--The term `harm' includes physical, 
     nonphysical, economic, and noneconomic losses.
       ``(3) Noneconomic losses.--The term `noneconomic losses' 
     means losses for physical and emotional pain, suffering, 
     inconvenience, physical impairment, mental anguish, 
     disfigurement, loss of enjoyment of life, loss of society and 
     companionship, loss of consortium (other than loss of 
     domestic service), hedonic damages, injury to reputation and 
     all other nonpecuniary losses of any kind or nature.
       ``(4) School.--The term `school' means a public or private 
     kindergarten, a public or private elementary school or 
     secondary school (as defined in section 14101, or a home 
     school.
       ``(5) State.--The term `State' means each of the several 
     States of the United States, the District of Columbia, the 
     Commonwealth of Puerto Rico, the United States Virgin 
     Islands, Guam, American Samoa, the Commonwealth of the 
     Northern Mariana Islands, any other territory or possession 
     of the United States, or any political subdivision of any 
     such State, territory, or possession.
       ``(6) Teacher.--The term `teacher' means a teacher, 
     instructor, principal, administrator, other educational 
     professional that works in a school, or an individual member 
     of a school board (as distinct from the board itself).

     ``SEC. __7. EFFECTIVE DATE.

       ``(a) In General.--This title shall take effect 90 days 
     after the date of the enactment of the Paul D. Coverdell 
     Teacher Protection Act of 2001.
       ``(b) Application.--This title applies to any claim for 
     harm caused by an act or omission of a teacher if that claim 
     is filed on or after the effective date of the Paul D. 
     Coverdell Teacher Protection Act of 2001, without regard to 
     whether the harm that is the subject of the claim or the 
     conduct that caused the harm occurred before such effective 
     date.''.
                                  ____

  SA 385. Mrs. CARNAHAN (for herself, and Mr. Nelson of Nebraska) 
submitted an amendment intended to be proposed by her 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:

       On page 51, between lines 15 and 16, insert the following:
       ``(4) Assessments not required.--
       ``(A) In general.--A State shall not be required to conduct 
     any assessments under paragraph (3) in any school year if--
       ``(i) the assessments are not otherwise required under 
     Federal law on the day preceding the date of enactment of the 
     Better Education for Students and Teachers Act; and
       ``(ii) the amount made available to the State under section 
     6403(a) for use in the school year involved for such 
     assessments is less than 100 percent of the costs to the 
     State of administering such assessments in the previous 
     school year, or if such assessments were not administered in 
     the previous school year (in accordance with this 
     subparagraph), in the most recent school year in which such 
     assessments were administered.
       ``(B) Determination of total costs.--For purposes of making 
     the determination required under subparagraph (A)(ii), the 
     Secretary shall, not later than March 15 of each year, 
     publish in the Federal Register a description of the total 
     costs of developing and implementing the assessments required 
     under the amendments made by the Better Education for 
     Students and Teachers Act for the school year involved based 
     on information submitted by the States, as required by the 
     Secretary. Such total costs may include costs related to 
     field testing, administration (including the printing of 
     testing materials and reporting processes), and staff time. 
     The Secretary shall include in any such publication a 
     justification with respect to any category of costs submitted 
     by a State that is excluded by the Secretary from the 
     estimated total cost.
       ``(C) 2005-2006 school year.--Not later than March 15, 
     2005, the Secretary shall make the publication required under 
     subparagraph (B) with respect to the 2005-2006 school year.
       ``(D) Report.--The Secretary annually report the 
     information published under subparagraph (B) to the Committee 
     on Health, Education, Labor, and Pensions and the Committee 
     on Appropriations of the Senate and the Committee on 
     Education and the Workforce and Committee on Appropriations 
     of the House of Representatives.
       On page 59, line 21, after the period add the following: 
     ``No funds shall be withheld under this subsection for any 
     school year in which the Secretary determines that a State 
     has received, under section 6403(a), less than 100 percent of 
     the costs to the State of designing standards and developing 
     and administering assessments for measuring and monitoring 
     adequate yearly progress under this section. The Secretary 
     shall determine the reasonable costs of designing, 
     developing, and administering standards and assessments based 
     on information submitted by the States, as required by the 
     Secretary, except that the Secretary shall provide a written 
     explanation of any category of costs that excluded from the 
     Secretary's calculations.''.
       On page 778, after line 21, add the following:
       ``(d) Miscellaneous Provision.--Notwithstanding subsection 
     (a)(3), there is authorized to be appropriated to carry out 
     subsection (a)(1), such sums as may be necessary for fiscal 
     year 2002 and for each of the 6 succeeding fiscal years.''.
                                  ____

  SA. 386. Mr. BIDEN 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 893, after line 14, add the following:

     SEC. __. SCHOOL RESOURCE OFFICER PROJECTS.

       (a) COPS Program.--Section 1701(d) of title I of the 
     Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3796dd(d)) is amended--
       (1) in paragraph (7) by inserting ``school officials,'' 
     after ``enforcement officers''; and
       (2) by striking paragraph (8) and inserting the following:
     ``(8) establish school-based partnerships between local law 
     enforcement agencies and local school systems, by using 
     school resource officers who operate in and around elementary 
     and secondary schools to serve as a law enforcement liaison 
     with other Federal, State, and local law enforcement and 
     regulatory agencies, combat school-related crime and disorder 
     problems, gang membership and criminal activity, firearms and 
     explosives-related incidents, illegal use and possession of 
     alcohol, and the illegal possession, use, and distribution of 
     drugs;''.

[[Page 7331]]

       (b) School Resource Officer.--Section 1709(4) of title I of 
     the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3796dd-8) is amended--
       (1) by striking subparagraph (A) and inserting the 
     following:
       ``(A) to serve as a law enforcement liaison with other 
     Federal, State, and local law enforcement and regulatory 
     agencies, to address and document crime and disorder problems 
     including gangs and drug activities, firearms and explosives-
     related incidents, and the illegal use and possession of 
     alcohol affecting or occurring in or around an elementary or 
     secondary school;
       (2) by striking subparagraph (E) and inserting the 
     following:
       ``(E) to train students in conflict resolution, restorative 
     justice, and crime awareness, and to provide assistance to 
     and coordinate with other officers, mental health 
     professionals, and youth counselors who are responsible for 
     the implementation of prevention/intervention programs within 
     the schools;''; and
       (3) by adding at the end the following:
       ``(H) to work with school administrators, members of the 
     local parent teacher associations, community organizers, law 
     enforcement, fire departments, and emergency medical 
     personnel in the creation, review, and implementation of a 
     school violence prevention plan;
       ``(I) to assist in documenting the full description of all 
     firearms found or taken into custody on school property and 
     to initiate a firearms trace and ballistics examination for 
     each firearm with the local office of the Bureau of Alcohol, 
     Tobacco, and Firearms;
       ``(J) to document the full description of all explosives or 
     explosive devices found or taken into custody on school 
     property and report to the local office of the Bureau of 
     Alcohol, Tobacco, and Firearms; and
       ``(K) to assist school administrators with the preparation 
     of the Department of Education, Annual Report on State 
     Implementation of the Gun-Free Schools Act which tracks the 
     number of students expelled per year for bringing a weapon, 
     firearm, or explosive to school.''.
       (c) Authorization of Appropriations.--Section 1001(a)(11) 
     of title I of the Omnibus Crime Control and Safe Streets Act 
     of 1968 (42 U.S.C. 3793(a)(11)) is amended by adding at the 
     end the following:
       ``(C) There are authorized to be appropriated to carry out 
     school resource officer activities under sections 1701(d)(8) 
     and 1709(4), to remain available until expended $180,000,000 
     for each of fiscal year 2002 through 2007.''.
                                  ____

  SA 387. Mr. BAUCUS 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:

       On page 794, after line 7, insert the following:

     SEC. 902. LOAN FORGIVENESS FOR TEACHERS.

       (a) Short Title.--This section may be cited as the ``Rural 
     Teacher Recruitment Act of 2001''.
       (b) Federal Family Education Loan Program.--Section 428J of 
     the Higher Education Act of 1965 (20 U.S.C. 1078-10) is 
     amended--
       (1) in subsection (b)(1)(A), by inserting ``, or in a 
     school served by a local educational agency eligible for a 
     grant under section 5232(b) of the Elementary and Secondary 
     Education Act of 1965'' after ``such schools''; and
       (2) in subsection (c)(1), by striking ``$5000'' and 
     inserting ``$17,000''.
       (c) William D. Ford Federal Direct Loan Program.--Section 
     460 of the Higher Education Act of 1965 (20 U.S.C. 1087j) is 
     amended--
       (1) in subsection (b)(1)(A)(i), by inserting ``, or in a 
     school served by a local educational agency eligible for a 
     grant under section 5232(b) of the Elementary and Secondary 
     Education Act of 1965'' after ``such schools''; and
       (2) in subsection (c)(1), by striking ``$5000'' and 
     inserting ``$17,000''.
  SA 388. Mr. SPECTER proposed an amendment to amendment SA 378 
proposed by Mr. Kennedy to the 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:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     ``SEC. __. CLASS SIZE REDUCTION.

       ``(a) Allotment.--Notwithstanding any other provision of 
     this law, from $1,625,000,000 of the amounts made available 
     to carry out part A of title II (other than subpart 5 of such 
     part A) for each fiscal year the Secretary--
       ``(1) shall make available a total of $6,000,000 to the 
     Secretary of the Interior (on behalf of the Bureau of Indian 
     Affairs) and the outlying areas for activities under this 
     section; and
       ``(2) shall allot the remainder by providing to each State 
     the same percentage of that remainder as the State received 
     of the funds allocated to States under section 307(a)(2) of 
     the Department of Education Appropriations Act, 1999.
       ``(b) Distribution to Local Educational Agencies.--
       ``(1) In general.--Each State that receives funds under 
     this section shall distribute 100 percent of such funds to 
     local educational agencies in the State, of which--
       ``(A) 80 percent shall be allocated to such local 
     educational agencies in proportion to the number of children 
     aged 5 to 17, who reside in the school district served by 
     such local educational agency and are from families below the 
     poverty line (as defined by the Office of Management and 
     Budget and revised annually in accordance with section 673(2) 
     of the Community Services Block Grant Act (42 U.S.C. 
     9902(2))) applicable to a family of the size involved for the 
     most recent fiscal year for which satisfactory data are 
     available compared to the number of such children who reside 
     in the school districts served by all local educational 
     agencies in the State for that fiscal year; and
       ``(B) 20 percent of such amount shall be allocated to such 
     local educational agencies in accordance with the relative 
     enrollments of children aged 5 to 17, in public and private 
     nonprofit elementary and secondary schools within the 
     boundaries of the school district served by such agencies.
       ``(2) Special rule.--Notwithstanding paragraph (1), if the 
     award to a local educational agency under this section is 
     less than the starting salary for a new fully qualified 
     teacher in that agency who is certified or licensed in the 
     State (which may include certification or licensure through 
     State or local alternative routes), has a baccalaureate 
     degree, and demonstrates the general knowledge, teaching 
     skills, and subject matter knowledge required to teach in the 
     teacher's content areas, then that agency may use funds 
     provided under this section--
       ``(A) to help pay the salary of a full- or part-time 
     teacher hired to reduce class size, which may be in 
     combination with other Federal, State, or local funds; or
       ``(B) to pay for activities described in subsection 
     (c)(2)(C) which may be related to teaching in smaller 
     classes.
       ``(c) Uses.--
       ``(1) Mandatory.--The basic purpose and intent of this 
     section is to reduce class size with fully qualified 
     teachers. Each local educational agency that receives funds 
     under this section shall use such funds to carry out 
     effective approaches to reducing class size with fully 
     qualified teachers who are certified or licensed to teach 
     within the State, including teachers certified or licensed 
     through State or local alternative routes, and who 
     demonstrate competency in the areas in which the teachers 
     teach, to improve educational achievement for both regular 
     and special needs children with particular consideration 
     given to reducing class size in the early elementary grades 
     for which some research has shown class size reduction is the 
     most effective.
       ``(2) Permissive.--Each such local educational agency may 
     use funds provided under this section for--
       ``(A) recruiting (including through the use of signing 
     bonuses or other financial incentives), hiring, and training 
     fully qualified regular and special education teachers (which 
     may include hiring special education teachers to team-teach 
     with regular teachers in classrooms that contain both 
     children with disabilities and nondisabled children) and 
     teachers of special needs children, who are certified or 
     licensed to teach within the State (including teachers 
     certified or licensed through State or local alternative 
     routes), have a baccalaureate degree, and demonstrate the 
     general knowledge required to teach in their content areas;
       ``(B) testing new teachers for academic content, and to 
     meet State certification or licensure requirements that are 
     consistent with title II of the Higher Education Act of 1965; 
     and
       ``(C) providing professional development (which may include 
     such activities as promoting retention and mentoring) to 
     teachers, including special education teachers and teachers 
     of special needs children, in order to meet the goal of 
     ensuring that all instructional staff have the subject matter 
     knowledge, teaching knowledge, and teaching skills necessary 
     to teach effectively in the content area or areas in which 
     the teachers provide instruction, consistent with title II of 
     the Higher Education Act of 1965.
       ``(d) Special Rule.--Notwithstanding subsection (c)(1), a 
     local educational agency that has designed an educational 
     program that is part of a local strategy for improving the 
     educational achievement of all students, or that already has 
     reduced class size in the early grades to 18 or less (or 
     already has reduced class size to a State or local class size 
     reduction goal that was in effect on the day before the date 
     of enactment of the Department of Education Appropriations 
     Act, 2000, if that State or local educational agency goal is 
     20 or fewer children), may use funds provided under this 
     section--
       ``(1) to make further class size reductions in kindergarten 
     through grade 3;
       ``(2) to reduce class size in other grades;
       ``(3) to carry out activities to improve teacher quality, 
     including professional development; and

[[Page 7332]]

       ``(4) to carry out other activities authorized under title 
     V.
       ``(e) Reports.--
       ``(1) Report to secretary.--Each State receiving funds 
     under this section shall report to the Secretary regarding 
     activities in the State that are assisted under this section, 
     consistent with sections 5322 (1) and (2).
       ``(2) Report to the public.--Each State and local 
     educational agency receiving funds under this section shall 
     publicly report to parents on its progress in reducing class 
     size, increasing the percentage of classes in core academic 
     areas that are taught by fully qualified teachers who are 
     certified or licensed by the State and demonstrate competency 
     in the content areas in which the teachers teach (as 
     determined by the State), on the impact that hiring 
     additional highly qualified teachers and reducing class size 
     has had, if any, on increasing student achievement (as 
     determined by the State) or student performance (as 
     determined by the State) and on the impact that the locally 
     defined program has had, if any, on increasing student 
     achievement (as determined by the State) or student 
     performance (as determined by the State).
       ``(f) Supplement Not Supplant.--Each such agency shall use 
     funds under this section only to supplement, and not 
     supplant, State and local funds that, in the absence of such 
     funds, would otherwise be spent for activities under this 
     section.
       ``(g) 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 submitted under section 5333 a 
     description of--
       ``(1) the agency's program to reduce class size by hiring 
     additional highly qualified teachers; and
       ``(2) the agency's proposed educational program under this 
     section that is part of its local strategy for improving 
     educational achievement for all students.
                                  ____

  SA 389. Mr. VOINOVICH (for himself, Mr. Bayh, Mr. Nelson of Nebraska, 
and Mr. Hagel) 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 7, line 21, add ``and the Governor'' after 
     ``agency''.
       On page 8, line 1, insert ``and the Governor'' after 
     ``agency''.
       On page 35, line 10, strike the end quotation mark and the 
     second period.
       On page 35, between lines 10 and 11, insert the following:
       ``(c) State Plan.--Each Governor and State educational 
     agency shall jointly prepare a plan to carry out the 
     responsibilities of the State under sections 1116 and 1117, 
     including carrying out the State educational agency's 
     statewide system of technical assistance and support for 
     local educational agencies.''.
       On page 35, line 20, insert ``, that is jointly prepared 
     and signed by the Governor and the chief State school 
     official,'' after ``a plan''.
       On page 706, line 8, insert ``Governor and the'' after 
     ``which a''.
       On page 706, line 16, insert ``Governor and the'' after 
     ``A''.
       On page 707, line 2, insert ``Governor and the'' after 
     ``A''.
                                  ____

  SA 390. Mr. CRAPO (for himself, Mr. Hutchinson, and Mr. Helms) 
submitted an amendment intended to be proposed by him to the bill S. 
388, to protect the energy and security of the United States and 
decrease America's dependency on foreign oil sources to 50% by the year 
2011 by enhancing the use of renewable energy resources conserving 
energy resources, improving energy efficiencies, and increasing 
domestic energy supplies; improve environmental quality by reducing 
emissions of air pollutants and greenhouse gases; mitigate the effect 
of increases in energy prices on the American consumer, including the 
poor and the elderly; and for other purposes; which was referred to the 
Committee on Energy and Natural Resources; as follows:

       On page 124, line 7 insert ``or agricultural or animal 
     waste'' after ``biomass''.
       On page 127, line 15, insert `'agricultural or animal 
     waste,'' after ``biomass,''.
                                  ____

  SA 391. Mr. CAMPBELL (for himself, Mr. Grassley, Mr. Akaka, Mr. 
Inouye, and Mr. Inhofe) 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 appropriate place, insert the following:

     SEC. __. SENIOR OPPORTUNITIES.

       (a) Twenty-First Century Community Learning Centers.--
     Section 1609(a)(2) (as amended in section 151) is further 
     amended--
       (1) in subparagraph (G), by striking ``and'' after the 
     semicolon;
       (2) in subparagraph (H), by striking the period and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(I) if the organization plans to use seniors as 
     volunteers in activities carried out through the center, a 
     description of how the organization will encourage and use 
     appropriately qualified seniors to serve as the 
     volunteers.''.
       (b) Safe and Drug-Free Schools and Communities; Governor's 
     Programs.--Section 4114(d) (as amended in section 401) is 
     further amended--
       (1) in paragraph (14), by striking ``and'' after the 
     semicolon;
       (2) in paragraph (15), by striking the period and inserting 
     ``; and''; and
       (3) by adding at the end the following:
       ``(15) drug and violence prevention activities that use the 
     services of appropriately qualified seniors for activities 
     that include mentoring, tutoring, and volunteering.''.
       (c) Safe and Drug-Free Schools and Communities; Local Drug 
     and Violence Prevention Programs.--Section 4116(b) (as 
     amended in section 401) is further amended--
       (1) in paragraph (2)--
       (A) in the matter preceding subparagraph (A), by inserting 
     ``(including mentoring by appropriately qualified seniors)'' 
     after ``mentoring''; and
       (B) in subparagraph (C)--
       (i) in clause (i), by striking ``and'' after the semicolon;
       (ii) in clause (ii), by inserting ``and'' after the 
     semicolon; and
       (iii) by adding at the end the following:
       ``(iii) drug and violence prevention activities that use 
     the services of appropriately qualified seniors for such 
     activities as mentoring, tutoring, and volunteering;'';
       (2) in paragraph (4)(C), by inserting ``(including 
     mentoring by appropriately qualified seniors)'' after 
     ``mentoring programs''; and
       (3) in paragraph (8), by inserting ``, which may involve 
     appropriately qualified seniors working with students'' after 
     ``settings''.
       (d) Safe and Drug-Free Schools and Communities; Federal 
     Activities.--Section 4121(a) (as amended in section 401) is 
     further amended--
       (1) in paragraph (10), by inserting ``, including projects 
     and activities that promote the interaction of youth and 
     appropriately qualified seniors'' after ``responsibility''; 
     and
       (2) in paragraph (13), by inserting ``, including 
     activities that integrate appropriately qualified seniors in 
     activities, such as mentoring, tutoring, and volunteering'' 
     after ``title''.
       (e) Indian, Native Hawaiian, and Alaska Native Education; 
     Formula Grants.--Section 7115(b) (as amended in section 701) 
     is further amended--
       (1) in paragraph (10), by striking ``and'' after the 
     semicolon;
       (2) in paragraph (11), by striking the period and inserting 
     ``; and''; and
       (3) by adding at the end the following:
       ``(12) activities that recognize and support the unique 
     cultural and educational needs of Indian children, and 
     incorporate appropriately qualified tribal elders and 
     seniors.''.
       (f) Indian, Native Hawaiian, and Alaska Native Education; 
     Special Programs and Projects.--Section 7121(c)(1) (as 
     amended in section 701) is further amended--
       (1) in subparagraph (K), by striking ``or'' after the 
     semicolon;
       (2) in subparagraph (L), by striking ``(L)'' and inserting 
     ``(M)''; and
       (3) by inserting after subparagraph (K) the following:
       ``(L) activities that recognize and support the unique 
     cultural and educational needs of Indian children, and 
     incorporate appropriately qualified tribal elders and 
     seniors; or''.
       (g) Indian, Native Hawaiian, and Alaska Native Education; 
     Professional Development.--The second sentence of section 
     7122(d)(1) (as amended in section 701) is further amended by 
     striking the period and inserting ``, and may include 
     programs designed to train tribal elders and seniors.''.
       (h) Indian, Native Hawaiian, and Alaska Native Education; 
     Native Hawaiian Programs.--Section 7205(a)(3)(H) (as amended 
     in section 701) is further amended--
       (1) in clause (ii), by striking ``and'' after the 
     semicolon;
       (2) in clause (iii), by inserting ``and'' at the end; and
       (3) by adding at the end the following:
       ``(iv) programs that recognize and support the unique 
     cultural and educational needs of Native Hawaiian children, 
     and incorporate appropriately qualified Native Hawaiian 
     elders and seniors;''.
       (i) Indian, Native Hawaiian, and Alaska Native Education; 
     Alaska Native Programs.--Section 7304(a)(2)(F) (as amended in 
     section 701) is further amended--
       (1) in clause (i), by striking ``and'' after the semicolon;
       (2) in clause (ii), by inserting ``and'' after the 
     semicolon; and
       (3) by adding at the end the following:
       ``(iii) may include activities that recognize and support 
     the unique cultural and educational needs of Alaskan Native 
     children,

[[Page 7333]]

     and incorporate appropriately qualified Alaskan Native elders 
     and seniors;''.
                                  ____

  SA 392. Mrs. FEINSTEIN 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 327, after line 10, add the following:
       (7) Carrying our programs and activities related to Master 
     Teachers.
       (2) Master teacher.--The term ``master teacher'' means a 
     teacher who--
       (A) is licensed or credentialed under State law in the 
     subject or grade in which the teacher teaches;
       (B) has been teaching for at least 5 years in a public or 
     private school or institution of higher education;
       (C) is selected upon application, is judged to be an 
     excellent teacher, and is recommended by administrators and 
     other teachers who are knowledgeable of the individual's 
     performance;
       (D) at the time of submission of such application, is 
     teaching and based in a public school;
       (E) assists other teachers in improving instructional 
     strategies, improves the skills of other teachers, performs 
     mentoring, develops curriculum, and offers other professional 
     development; and
       (F) enters into a contract with the local educational 
     agency to continue to teach and serve as a master teacher for 
     at least 5 additional years.
  A contract described in subparagraph (F) shall include stipends, 
employee benefits, a description of duties and work schedule, and other 
terms of employment.
       (e) Study and Report.--
       (1) In general.--Not later than July 1, 2005, the Secretary 
     shall conduct a study and transmit a report to Congress 
     pertaining to the utilization of funds under section 2123 for 
     Master Teachers.
       (2) Contents of report.--The report shall include an 
     analysis of:
       (A)(i) the recruitment and retention of experienced 
     teachers;
       (ii) the effect of master teachers on teaching by less 
     experienced teachers;
       (iii) the impact of mentoring new teachers by master 
     teachers;
       (iv) the impact of master teachers on student achievement; 
     and
       (v) the reduction in the rate of attrition of beginning 
     teachers; and
       (B) recommendations regarding--
       (ii) establishing activities to expand the project to 
     additional local educational agencies and school districts.
                                  ____

  SA 393. Mr. ENSIGN 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:

       On page 152, beginning with line 17, strike all through 
     page 153, line 12, and insert the following:
       ``(3) Population updates.--
       ``(A) In general.--In fiscal year 2001 and each subsequent 
     year, the Secretary shall use updated data on the number of 
     children, aged 5 to 17, inclusive, from families below the 
     poverty level for counties or local educational agencies, 
     published by the Department of Commerce, unless the Secretary 
     and the Secretary of Commerce determine that use of the 
     updated population data would be inappropriate or unreliable.
       ``(B) Inappropriate or unreliable data.--If the Secretary 
     and the Secretary of Commerce determine that some or all of 
     the data referred to in this paragraph are inappropriate or 
     unreliable, the Secretary and the Secretary of Commerce 
     shall--
       ``(i) publicly disclose their reasons;
       ``(ii) provide an opportunity for States to submit updated 
     data on the number of children described in subparagraph (A); 
     and
       ``(iii) review the data and, if the data are appropriate 
     and reliable, use the data, for the purposes of this section, 
     to determine the number of children described in subparagraph 
     (A).
       ``(C) Criteria of poverty.--In determining the families 
     that are below the poverty level, the Secretary shall utilize 
     the criteria of poverty used by the Bureau of the Census 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.
       ``(D) Authorization of appropriations.--There are 
     authorized to be appropriated to the Department of Commerce 
     for each fiscal year such sums as may be necessary to update 
     the data described in subparagraph (A).
                                  ____

  SA 394. Mr. ENSIGN 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, add the following:

                  ``PART B--HIGH GROWTH GRANT PROGRAM

     ``SEC. 9201. HIGH GROWTH GRANT PROGRAM.

       ``(a) State Grants.--From funds appropriated under 
     subsection (e) for a fiscal year the Secretary shall award a 
     grant to each State that has an increase in the number of 
     children aged 5 through 17 who are from poor families, from 
     the preceding fiscal year to the fiscal year for which the 
     determination is made, in an amount that bears the same 
     relation to such funds as the increase for the State bears to 
     the increases for all States having such an increase.
       ``(b) Local Grants.--Each State that receives a grant under 
     subsection (a) shall use the grant funds to award grants to 
     those local educational agencies in the State that have the 
     highest increases, from the preceding fiscal year to the 
     fiscal year for which the determination is made, in the 
     number of children aged 5 through 17 who are from poor 
     families.
       ``(c) Use of Funds.--Each local educational agency 
     receiving a grant under subsection (b) shall use the grant 
     funds to carry out any activity authorized under part A of 
     title I.
       ``(d) Data.--The Secretary shall base the determinations 
     described in subsection (a) on the most recent annual 
     estimates available from the Secretary of Commerce regarding 
     each State's total number of children aged 5 through 17 who 
     are from poor families.
       ``(e) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section 
     $200,000,000 for fiscal year 2002, and such sums as may be 
     necessary for each of the 6 succeeding fiscal years.''.
                                  ____

  SA 395. Mr. ENSIGN 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:

       On page 893, after line 14, add the following:

     SEC. __. ARTS IN EDUCATION.

       Title IX (as added by section 901) is amended by adding at 
     the end the following:

                      ``PART B--ARTS IN EDUCATION

     ``SEC. 9201. FINDINGS AND PURPOSE.

       ``(a) Findings.--Congress finds that--
       ``(1) there are inadequate arts and cultural programs 
     available for children and youth in schools, especially at 
     the elementary school level;
       ``(2) the arts promote progress in academic subjects as 
     shown by research conducted by the National Assessment of 
     Education Progress, the Arts Education Partnership, the 
     President's Committee on the Arts and Humanities, and other 
     entities;
       ``(3) children and youth who receive instruction in the 
     arts and humanities, or who are involved in cultural 
     activities, remain in school longer and are more successful 
     than children who do not receive such instruction;
       ``(4) learning in the arts and humanities promotes progress 
     in other academic subjects, and generates positive self-
     esteem and a greater sense of accomplishment in young people;
       ``(5) school-university and school-cultural institution 
     partnerships that upgrade teacher training in the arts and 
     humanities have significantly contributed to improved 
     instruction and achievement levels of school-aged children;
       ``(6) museum outreach, cultural activities and informal 
     education for at-risk children and youth have contributed 
     significantly to the educational achievement and enhanced 
     interest in learning of at-risk children and youth;
       ``(7) local, State, and national resources support the 
     integration of the arts and humanities into the regular 
     curriculum and school day for all children; and
       ``(8) while all children benefit from instruction in the 
     arts and the humanities, at-risk children and youth have a 
     special, additional need for arts and cultural programs both 
     in school and after school;
       ``(b) Purpose.--The purpose of this subpart is to make 
     grants to eligible entities to improve the educational 
     performance and future potential of at-risk children and 
     youth by providing comprehensive and coordinated educational 
     and cultural services.

     ``SEC. 9202. SUPPORT FOR ARTS EDUCATION.

       ``(a) Findings.--Congress finds that--
       ``(1) the arts are forms of understanding and ways of 
     knowing that are fundamentally important to education;
       ``(2) the arts are important to excellent education and to 
     effective school reform;
       ``(3) the most significant contribution of the arts to 
     education reform is the transformation of teaching and 
     learning;
       ``(4) such transformation is best realized in the context 
     of comprehensive, systemic education reform;
       ``(5) participation in performing arts activities has 
     proven to be an effective strategy for promoting the 
     inclusion of persons with disabilities in mainstream 
     settings;
       ``(6) opportunities in the arts have enabled persons of all 
     ages with disabilities to participate more fully in school 
     and community activities;

[[Page 7334]]

       ``(7) the arts can motivate at-risk students to stay in 
     school and become active participants in the educational 
     process; and
       ``(8) arts education should be an integral part of the 
     elementary school and secondary school curriculum.
       ``(b) Purposes.--The purposes of this section are to--
       ``(1) support systemic education reform by strengthening 
     arts education as an integral part of the elementary school 
     and secondary school curriculum;
       ``(2) help ensure that all students have the opportunity to 
     learn to challenging State content standards and challenging 
     State student performance standards in the arts; and
       ``(3) support the national effort to enable all students to 
     demonstrate competence in the arts.
       ``(c) Eligible Recipients.--In order to carry out the 
     purposes of this section, the Secretary is authorized to 
     award grants to, or enter into contracts or cooperative 
     agreements with--
       ``(1) State educational agencies;
       ``(2) local educational agencies;
       ``(3) institutions of higher education;
       ``(4) museums and other cultural institutions; and
       ``(5) other public and private agencies, institutions, and 
     organizations.
       ``(d) Authorized Activities.--Funds under this section may 
     be used for--
       ``(1) research on arts education;
       ``(2) the development of, and dissemination of information 
     about, model arts education programs;
       ``(3) the development of model arts education assessments 
     based on high standards;
       ``(4) the development and implementation of curriculum 
     frameworks for arts education;
       ``(5) the development of model preservice and inservice 
     professional development programs for arts educators and 
     other instructional staff;
       ``(6) supporting collaborative activities with other 
     Federal agencies or institutions involved in arts education, 
     such as the National Endowment for the Arts, the Institute of 
     Museum and Library Services, the John F. Kennedy Center for 
     the Performing Arts, VSA Arts, and the National Gallery of 
     Art;
       ``(7) supporting model projects and programs in the 
     performing arts for children and youth through arrangements 
     made with the John F. Kennedy Center for the Performing Arts;
       ``(8) supporting model projects and programs by VSA Arts 
     which assure the participation in mainstream settings in arts 
     and education programs of individuals with disabilities;
       ``(9) supporting model projects and programs to integrate 
     arts education into the regular elementary school and 
     secondary school curriculum; and
       ``(10) other activities that further the purposes of this 
     section.
       ``(e) Coordination.--
       ``(1) In general.--A recipient of funds under this section 
     shall, to the extent possible, coordinate projects assisted 
     under this section with appropriate activities of public and 
     private cultural agencies, institutions, and organizations, 
     including museums, arts education associations, libraries, 
     and theaters.
       ``(2) Special rule.--In carrying out this section, the 
     Secretary shall coordinate with the National Endowment for 
     the Arts, the Institute of Museum and Library Services, the 
     John F. Kennedy Center for the Performing Arts, VSA Arts, and 
     the National Gallery of Art.
       ``(f) Authorization of Appropriations.--
       ``(1) In general.--For the purpose of carrying out this 
     section, there are authorized to be appropriated $28,000,000 
     for fiscal year 2002, and such sums as may be necessary for 
     each of the 6 succeeding fiscal years.
       ``(2) Special rule.--If the amount appropriated under 
     paragraph (1) for any fiscal year is $15,000,000 or less, 
     then such amount shall only be available to carry out the 
     activities described in paragraphs (7) and (8) of subsection 
     (d).''.

                          ____________________