[Congressional Record (Bound Edition), Volume 147 (2001), Part 6]
[Senate]
[Pages 7605-7642]
[From the U.S. Government Publishing Office, www.gpo.gov]



                           TEXT OF AMENDMENTS

  SA 396. Mr. REED 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 246, line 4, insert ``health services programs,'' 
     before ``art,''.
       On page 246, line 6, insert ``that provide a comprehensive 
     approach to learning and'' after ``programs,''.
       On page 246, line 8, insert ``and meet other needs of 
     students and families'' after ``students''.
       On page 246, line 24, insert ``health service programs,'' 
     before ``art,''.
       On page 247, lines 1 and 2, insert ``that provide a 
     comprehensive approach to learning and'' after ``programs)''.
       On page 247, line 3, insert ``and meet other needs of 
     students and families'' after ``students''.
       On page 255, strike lines 21 and 22 and insert the 
     following:
       ``(B) an identification and assessment of Federal, State, 
     and local programs and services that will be combined or co-
       On page 256, line 21, strike ``and''.
       On page 256, line 24, strike the period and insert ``; 
     and''.
       On page 256, after line 24, insert the following:
       ``(I) a description of how the eligible organization will 
     use the funds made available under this part to provide 
     comprehensive support services and how those services will be 
     integrated with existing (as of the date of submission of the 
     application) Federal, State, and local programs and services; 
     and
       ``(J) a description of measurable outcomes anticipated from 
     the use of the funds, including outcomes related to improving 
     student achievement and the wellbeing of students, families, 
     and the community, and other related outcomes.
       On page 257, line 7, strike ``and''.
       On page 257, line 10, strike the period and insert ``; 
     and''.
       On page 257, between lines 10 and 11, and insert the 
     following:
       ``(4) describing programs that--
       ``(A) offer a broad selection of services that address the 
     needs of the community; and
       ``(B) have a comprehensive approach to integrating Federal, 
     State, and local programs and services to reach clearly 
     defined outcomes, including outcomes related to improving 
     student achievement and the wellbeing of students, family, 
     and the community, and other related outcomes.
                                  ____

  SA 397. Mr. REED 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 77, line 10, strike ``and'' after the semicolon.
       On page 77, between lines 17 and 18, insert the following:
       (iii) by adding at the end the following:
       ``(I) Coordination and integration of Federal, State, and 
     local services and programs, including services that support 
     improved student learning through access for children and 
     families to health, social and human services, recreation, 
     and cultural services.''; and
       On page 77, line 24, strike ``and''.
       On page 78, line 4, strike ``and''.
       On page 78, between lines 4 and 5, insert the following:

       (III) in clause (vi), by striking ``and'' after the 
     semicolon;
       (IV) in clause (vii), by striking the period and inserting 
     ``; and''; and
       (V) by adding at the end the following:

       ``(viii) describes how the school will coordinate and 
     collaborate with other agencies providing services to 
     children and families, including services that support 
     improved student learning through access for children and 
     families to health, social and human services, recreation, 
     and cultural services.''; and
       On page 79, line 11, strike ``and'' both places it appears.
       On page 79, strike line 18, and insert the following:
     teams; and''; and
       On page 79, between lines 18 and 19, insert the following:
       (C) by adding at the end the following:
       ``(I) coordinate and integrate Federal, State, and local 
     services and programs, including services that support 
     improved student learning through access for children and 
     families to health, social and human services, recreation, 
     and cultural services.''.
                                  ____

  SA 398. Mr. REED 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 62, line 16, strike ``and''.
       On page 62, line 22, strike the period and insert ``; 
     and''.
       On page 62, between lines 22 and 23, insert the following:
       ``(ix) information on the extent of parental participation 
     in schools in the State, and information on parental 
     involvement activities in the State.
       On page 63, strike lines 17 through 20.
       On page 63, line 21, strike ``(viii);; and insert ``(vi)''.
       On page 63, line 23, strike ``(ix)'' and insert ``(vii)''.
       On page 64, line 1, strike ``(x)'' and insert ``(viii)''.
                                  ____

  SA 399. Mr. REED 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 739, between lines 15 and 16, insert the following:
       ``(iii) ensure compliance with the parental involvement 
     provisions of this Act;''.
                                  ____

  SA 400. Mr. REED 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 249, line 7, strike ``1'' and insert ``2.5''.
       On page 257, between lines 18 and 19, insert the following:

     ``SEC. 1610. NATIONAL ACTIVITIES.

       ``(a) Definition.--In this section, the term `eligible 
     partnership' means a partnership--
       ``(1) that contains--
       ``(A) at least 1 public elementary school or secondary 
     school that--
       ``(i) receives assistance under this title and for which a 
     measure of poverty determination is made under section 
     1113(a)(5) with respect to a minimum of 40 percent of the 
     children in the school; and
       ``(ii) demonstrates parent involvement and parent support 
     for the partnership's activities;
       ``(B) a local educational agency;
       ``(C) a public agency, other than a local educational 
     agency, such as a local or State department of health, mental 
     health, or social services;
       ``(D) a nonprofit community-based organization, providing 
     health, mental health, or social services;
       ``(E) a local child care resource and referral agency; and
       ``(F) a local organization representing parents; and
       ``(2) that may contain--
       ``(A) an institution of higher education; and
       ``(B) other public or private nonprofit entities with 
     experience in providing services to disadvantaged families.
       ``(b) Grants.--
       ``(1) In general.--From funds reserved under section 
     1605(a)(2), the Secretary may award grants to eligible 
     partnerships to pay for the Federal share of the cost of 
     establishing and expanding school-based or school-linked 
     community service centers that provide to children and 
     families, or link children and families with, comprehensive 
     support services to improve the children's educational, 
     health, and mental health outcomes and overall wellbeing.
       ``(2) Duration.--The Secretary shall award grants under 
     this section for periods of 5 years.
       ``(c) Required Activities.--Each eligible partnership 
     receiving a grant under this section shall use the grant 
     funds--
       ``(1) in accordance with the needs assessment described in 
     subsection (d)(2)(A), to provide or link children and their 
     families with information, support, activities, or services 
     in core areas such as education, child care, before- and 
     after-school care and enrichment programs, health services, 
     mental health services, family support, nutrition, literacy 
     services, parenting skills, and drop-out prevention; and
       ``(2) to provide intensive, high-quality, research-based 
     programs that--
       ``(A) provide violence prevention education for families 
     and developmentally appropriate

[[Page 7606]]

     instructional services to children (including children below 
     the age of compulsory school attendance); and
       ``(B) provide effective strategies for nurturing and 
     supporting the emotional, social, and cognitive growth of 
     children.
       ``(d) Applications.--
       ``(1) In general.--Each eligible partnership desiring a 
     grant under this section shall submit an application to the 
     Secretary at such time, in such manner, and containing such 
     information as the Secretary may require.
       ``(2) Contents.--Each application submitted pursuant to 
     paragraph (1) shall--
       ``(A) include a needs assessment, including a description 
     of how the partnership will ensure that the activities to be 
     assisted under this section will be tailored to meet the 
     specific needs of the children and families to be served;
       ``(B) describe arrangements that have been formalized 
     between the participating public elementary school or 
     secondary school, and other partnership members;
       ``(C) describe how the partnership will effectively 
     coordinate activities with the centers described in section 
     1118(g) and utilize Federal, State, and local sources of 
     funding that provide assistance to families and their 
     children;
       ``(D) describe the partnership's plan to--
       ``(i) develop and carry out the activities assisted under 
     this section with extensive participation of parents, 
     administrators, teachers, pupil services personnel, social 
     and human service agencies, and community organizations and 
     leaders; and
       ``(ii) coordinate the activities assisted under this 
     section with the education reform efforts of the 
     participating public elementary school or secondary school, 
     and the participating local educational agency;
       ``(E) describe how the partnership will ensure that 
     underserved populations such as families of students with 
     limited English proficiency, or families of students with 
     disabilities, are effectively involved, informed, and 
     assisted;
       ``(F) describe how the partnership will collect and analyze 
     data, and will utilize specific performance measures and 
     indicators to--
       ``(i) determine the impact of activities assisted under 
     this section as described in subsection (g); and
       ``(ii) improve the activities assisted under this section; 
     and
       ``(G) describe how the partnership will protect the privacy 
     of families and their children participating in the 
     activities assisted under this section.
       ``(e) Federal Share.--The Federal share of the cost 
     described in subsection (b)(1)--
       ``(1) for the first year for which an eligible partnership 
     receives assistance under this section shall not exceed 90 
     percent;
       ``(2) for the second such year, shall not exceed 80 
     percent;
       ``(3) for the third such year, shall not exceed 70 percent;
       ``(4) for the fourth such year, shall not exceed 60 
     percent; and
       ``(5) for the fifth such year, shall not exceed 50 percent.
       ``(f) Funding.--
       ``(1) Continuation of funding.--Each eligible partnership 
     that receives a grant under this section shall, after the 
     third year for which the partnership receives funds through 
     the grant, be eligible to continue to receive the funds only 
     if the Secretary determines that the partnership has made 
     significant progress in meeting the performance measures used 
     for the partnership's local evaluation under subsection (g).
       ``(2) Limitation on use of funds to offset other 
     programs.--Notwithstanding any other provision of law, none 
     of the funds received under a grant under this section may be 
     used to pay for expenses related to any other Federal 
     program, including treating such funds as an offset against 
     such a Federal program.
       ``(g) Evaluations and Reports.--Each partnership receiving 
     funds under this section shall conduct annual evaluations and 
     submit to the Secretary reports containing the results of the 
     evaluations. The reports shall include the results of an 
     evaluation of the partnership's effectiveness in reaching and 
     meeting the needs of families and children served under this 
     section, assessed through performance measures, including 
     performance measures assessing--
       ``(1) improvements in areas such as student achievement, 
     family participation in schools, and access to health care, 
     mental health care, child care, and family support services, 
     resulting from activities assisted under this section; and
       ``(2) reductions in such areas as violence among youth, 
     truancy, suspension, and dropout rates, resulting from 
     activities assisted under this section.
       ``(h) References.--References in this part (other than this 
     section and section 1605(a)(2)) to activities or funding 
     provided under this part shall not be considered to be 
     references to activities or funding provided under this 
     section.
                                  ____

  SA 401. Mr. REED 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 479, strike line 8 and insert the following: for 
     limited English proficient students, and to assist parents to 
     become active participants in the education of their 
     children.
                                  ____

  SA 402. Mr. BYRD 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, add the following:

     SEC. __. GRANTS FOR THE TEACHING OF TRADITIONAL AMERICAN 
                   HISTORY AS A SEPARATE SUBJECT.

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

           ``PART B--TEACHING OF TRADITIONAL AMERICAN HISTORY

     ``SEC. 9201. GRANTS FOR THE TEACHING OF TRADITIONAL AMERICAN 
                   HISTORY AS A SEPARATE SUBJECT.

       ``(a) In General.--There are authorized to be appropriated 
     $100,000,000 to enable the Secretary to establish and 
     implement a program to be known as the `Teaching American 
     History Grant Program' under which the Secretary shall award 
     grants on a competitive basis to local educational agencies--
       ``(1) to carry out activities to promote the teaching of 
     traditional American history in schools as a separate 
     subject; and
       ``(2) for the development, implementation, and 
     strengthening of programs to teach American history as a 
     separate subject (not as a component of social studies) 
     within the school curricula, including the implementation of 
     activities to improve the quality of instruction and to 
     provide professional development and teacher education 
     activities with respect to American history.
       ``(b) Required Partnership.--A local educational agency 
     that receives a grant under subsection (a) shall carry out 
     activities under the grant in partnership with 1 or more of 
     the following:
       ``(1) An institution of higher education.
       ``(2) A non-profit history or humanities organization.
       ``(3) A library or museum.''.

  SA 403. Mr. WELLSTONE 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 46, strike line 19 and replace with the following:

       ``assessments developed and used by national experts on 
     educational testing.
       ``(D) be used only if the State provides to the Secretary 
     evidence from the test publisher or other relevant sources 
     that the assessment used is of adequate technical quality for 
     each purpose for which the assessment is used, such evidence 
     to be made public by the Secretary upon request;''.

       On page 51, between lines 15 and 16, insert the following:
       ``(K) enable itemized score analyses to be reported to 
     schools and local educational agencies in a way that parents, 
     teachers, schools, and local educational agencies can 
     interpret and address the specific academic needs of 
     individual students as indicated by the students' performance 
     on assessment items.''

       On page 125, between lines 4 and 5, insert the following:

     SEC. 118A. GRANTS FOR ENHANCED ASSESSMENT INSTRUMENTS.

       Part A of title I (20 U.S.C. 6311 et seq.) is amended by 
     inserting after section 1117 (20 U.S.C. 6318) the following:

     ``SEC. 1117A. GRANTS FOR ENHANCED ASSESSMENT INSTRUMENTS.

       ``(a) Purpose.--The purpose of this section is to--
       ``(1) enable States (or consortia or States) and local 
     educational agencies (or consortia of local educational 
     agencies) to collaborate with institutions of higher 
     education, other research institutions, and other 
     organizations to improve the quality and fairness of State 
     assessment systems beyond the basic requirements for 
     assessment systems described in section 1111(b)(3);
       ``(2) characterize student achievement in terms of multiple 
     aspects of proficiency;
       ``(3) chart student progress over time;
       ``(4) closely track curriculum and instruction; and
       ``(5) monitor and improve judgments based on informed 
     evaluations of student performance.
       ``(b) 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.
       ``(c) Grants Authorized.--The Secretary is authorized to 
     award grants to States and local educational agencies to 
     enable the States and local educational agencies to carry out 
     the purpose described in subsection (a).
       ``(d) Application.--In order to receive a grant under this 
     section for any fiscal year, a State or local educational 
     agency shall

[[Page 7607]]

     submit an application to the Secretary at such time and 
     containing such information as the Secretary may require.
       ``(e) Authorized Use of Funds.--A State or local 
     educational agency having an application approved under 
     subsection (d) shall use the grant funds received under this 
     section to collaborate with institutions of higher education 
     or other research institutions, experts on curriculum, 
     teachers, administrators, parents, and assessment developers 
     for the purpose of developing enhanced assessments that are 
     aligned with standards and curriculum, are valid and reliable 
     for the purposes for which the assessments are to be used, 
     are grade-appropriate, include multiple measures of student 
     achievement from multiple sources, and otherwise meet the 
     requirements of section 1111(b)(3). Such assessments shall 
     strive to better measure higher order thinking skills, 
     understanding, analytical ability, and learning over time 
     through the development of assessment tools that include 
     techniques such as performance, curriculum-, and technology-
     based assessments.
       ``(f) Annual Reports.--Each State or local educational 
     agency receiving a grant under this section shall report to 
     the Secretary at the end of the fiscal year for which the 
     State or local educational agency received the grant on the 
     progress of the State or local educational agency in 
     improving the quality and fairness of assessments with 
     respect to the purpose described in subsection (a).''.
                                  ____

  SA 404. Mr. MURKOWSKI 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 507, line 4, strike ``and''.
       On page 507, line 6, strike the period and insert ``; 
     and''.
       On page 507, between lines 6 and 7, insert the following:
       ``(5) $25,000,000 for fiscal year 2002, and such sums as 
     may be necessary for each of the 6 succeeding fiscal years to 
     carry out section 4126.''.
       On page 565, between lines 18 and 19, insert the following:

     ``SEC. 4126. SUICIDE PREVENTION PROGRAMS.

       ``(a) Grants Authorized.--
       ``(1) Authority.--The Secretary is authorized to award 
     grants and contracts to elementary schools and secondary 
     schools for the purpose of--
       ``(A) developing and implementing suicide prevention 
     programs; and
       ``(B) to provide training to school administrators, 
     faculty, and staff, with respect to identifying the warning 
     signs of suicide and creating a plan of action for helping 
     those at risk.
       ``(2) Award basis.--The Secretary shall award grants and 
     contracts under this section--
       ``(A) on a competitive basis; and
       ``(B) in a manner that ensures that such grants and 
     contracts are equitably distributed throughout a State among 
     elementary schools and secondary schools located in rural, 
     urban, and suburban areas in the State.
       ``(3) Policy dissemination.--The Secretary shall 
     disseminate to elementary schools and secondary schools any 
     Department of Education policy guidance regarding the 
     prevention of suicide.
       ``(b) Uses of Funds.--Funds provided under this section may 
     be used for the following purposes:
       ``(1) To provide training for elementary school and 
     secondary school administrators, faculty, and staff with 
     respect to identifying the warning signs of suicide and 
     creating a plan of action for helping those at risk.
       ``(2) To provide education programs for elementary school 
     and secondary school students that are developmentally 
     appropriate for the students' grade levels and are designed 
     to meet any unique cultural and language needs of the 
     particular student populations.
       ``(3) To conduct evaluations to assess the impact of 
     programs and policies assisted under this section in order to 
     enhance the development of the programs.
       ``(c) Confidentiality.--Policies, programs, training 
     materials, and evaluations developed and implemented under 
     subsection (b) shall address issues of safety and 
     confidentiality for the victim and the victim's family in a 
     manner consistent with applicable Federal and State laws.
       ``(d) Application.--
       ``(1) In general.--To be eligible to be awarded a grant or 
     contract under this section for any fiscal year, an 
     elementary school or secondary school shall submit an 
     application to the Secretary at such time and in such manner 
     as the Secretary shall prescribe.
       ``(2) Contents.--Each application submitted under paragraph 
     (1) shall--
       ``(A) describe the need for funds provided under the grant 
     or contract and the plan for implementation of any of the 
     activities described in subsection (b);
       ``(B) provide measurable goals for and expected results 
     from the use of the funds provided under the grant or 
     contract; and
       ``(C) incorporate appropriate remuneration for 
     collaborating partners.
       ``(e) Applicability.--The provisions of this part (other 
     than this section) shall not apply to this section.''
                                  ____

  SA 405. Mr. WYDEN 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 778, strike line 21 and insert the following:

     years.

                 ``PART C--STUDENT EDUCATION ENRICHMENT

     ``SEC. 6301. SHORT TITLE.

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

     ``SEC. 6302. PURPOSE.

       ``The purpose of this part is to establish a demonstration 
     program that provides Federal support to States and local 
     educational agencies to provide high quality summer academic 
     enrichment programs, for public school students who are 
     struggling academically, that are implemented as part of 
     statewide education accountability programs.

     ``SEC. 6303. DEFINITION.

       ``In this part, the term `student' means an elementary 
     school or secondary school student.

     ``SEC. 6304. GRANTS TO STATES.

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

       ``(I) the local educational agencies in the State that have 
     the highest percentage of students not achieving a proficient 
     level of performance on State assessments required under 
     section 1111;
       ``(II) local educational agencies that submit grant 
     applications under section 6305 describing programs that the 
     State determines would be both highly successful and 
     replicable; and
       ``(III) an assortment of local educational agencies serving 
     urban, suburban, and rural areas.

     ``SEC. 6305. GRANTS TO LOCAL EDUCATIONAL AGENCIES.

       ``(a) In General.--
       ``(1) First year.--
       ``(A) In general.--For the first year that a State 
     educational agency receives a grant under this part, the 
     State educational agency shall use the funds made available 
     through the grant to make grants to eligible local 
     educational agencies in the State to pay for the Federal 
     share of the cost of carrying out the summer academic 
     enrichment programs, except as provided in subparagraph (B).
       ``(B) Technical assistance and planning assistance.--The 
     State educational agency may use not more than 5 percent of 
     the funds--
       ``(i) to provide to the local educational agencies 
     technical assistance that is aligned with the curriculum of 
     the agencies for the programs;
       ``(ii) to enable the agencies to obtain such technical 
     assistance from entities other than the State educational 
     agency that have demonstrated success in using the 
     curriculum; and
       ``(iii) to assist the agencies in planning activities to be 
     carried out under this part.

[[Page 7608]]

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

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

       ``(ii) may include--

       ``(I) the proposed curriculum for the summer academic 
     enrichment program;
       ``(II) the local educational agency's plan for recruiting 
     highly qualified and highly effective teachers to participate 
     in the program; and
       ``(III) a schedule for the program that indicates that the 
     program is of sufficient duration and intensity to achieve 
     the State's goals and objectives described in section 
     6304(c)(2)(A);

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

     ``SEC. 6306. SUPPLEMENT NOT SUPPLANT.

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

     ``SEC. 6307. REPORTS.

       ``(a) State Reports.--Each State educational agency that 
     receives a grant under this part shall annually prepare and 
     submit to the Secretary a report. The report shall describe--
       ``(1) the method the State educational agency used to make 
     grants to eligible local educational agencies and to provide 
     assistance to schools under this part;
       ``(2) the specific measurable goals and objectives 
     described in section 6304(c)(2)(A) for the State as a whole 
     and the extent to which the State met each of the goals and 
     objectives in the year preceding the submission of the 
     report;
       ``(3) the specific measurable goals and objectives 
     described in section 6305(b)(2)(L) for each of the local 
     educational agencies receiving a grant under this part in the 
     State and the extent to which each of the agencies met each 
     of the goals and objectives in that preceding year;
       ``(4) the steps that the State will take to ensure that any 
     such local educational agency who did not meet the goals and 
     objectives in that year will meet the goals and objectives in 
     the year following the submission of the report or the plan 
     that the State has for revoking the grant of such an agency 
     and redistributing the grant funds to existing or new 
     programs;
       ``(5) how eligible local educational agencies and schools 
     used funds provided by the State educational agency under 
     this part; and
       ``(6) the degree to which progress has been made toward 
     meeting the goals and objectives described in section 
     6304(c)(2)(A).
       ``(b) Report to Congress.--The Secretary shall annually 
     prepare and submit to Congress a report. The report shall 
     describe--
       ``(1) the methods the State educational agencies used to 
     make grants to eligible local educational agencies and to 
     provide assistance to schools under this part;
       ``(2) how eligible local educational agencies and schools 
     used funds provided under this part; and
       ``(3) the degree to which progress has been made toward 
     meeting the goals and objectives described in sections 
     6304(c)(2)(A) and 6305(b)(2)(L).
       ``(c) Government Accounting Office Report to Congress.--The 
     Comptroller General of the United States shall conduct a 
     study regarding the demonstration program carried out under 
     this part and the impact of the program on student 
     achievement. The Comptroller General shall prepare and submit 
     to Congress a report containing the results of the study.

     ``SEC. 6308. ADMINISTRATION.

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

     ``SEC. 6309. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     part $10,000,000 for each of fiscal years 2002 through 2005.

     ``SEC. 6310. TERMINATION.

       ``The authority provided by this part terminates 3 years 
     after the date of enactment of the Better Education for 
     Students and Teachers Act.''.
                                  ____

  SA 406. Mr. WYDEN 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 573, after line 25, add the following:

     ``SEC. 4203. 24-HOUR HOLDING PERIOD FOR STUDENTS WHO 
                   UNLAWFULLY BRING A GUN TO SCHOOL.

       ``(a) In General.--Notwithstanding section 222 of the 
     Juvenile Justice and Delinquency Prevention Act of 1974 (42 
     U.S.C. 5632) or any

[[Page 7609]]

     other provision of law, for fiscal year 2002 and each fiscal 
     year thereafter, to be eligible for Federal safe and drug 
     free schools and communities grants under this title for a 
     fiscal year, a State shall have in effect a policy or 
     practice described in subsection (b) by not later than the 
     first day of the fiscal year involved.
       ``(b) State Policy or Practice Described.--A policy or 
     practice described in this subsection is a policy or practice 
     of the State that requires State and local law enforcement 
     agencies to detain, in an appropriate juvenile community-
     based placement setting or in an appropriate juvenile justice 
     facility, for not less than 24 hours, any juvenile who--
       ``(1) unlawfully possesses a firearm in a school; and
       ``(2) is found by a judicial officer to be a possible 
     danger to himself or herself or to the community.''.
                                  ____

  SA 407. Mr. AKAKA 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 482, lines 23 and 24, strike ``which are recognized 
     by the Governor of the State of Hawaii''.
                                  ____

  SA 408. Mr. TORRICELLI 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. __. SENSE OF THE SENATE REGARDING TAX TREATMENT OF 
                   TEACHER BONUSES.

       (a) Findings.--The Senate finds the following:
       (1) The combination of growing enrollment and teacher 
     shortages is putting a strain on communities in the United 
     States to provide quality education for our children and 
     their teachers.
       (2) In addition, the current emphasis on accountability and 
     standards and improving low-performing schools makes 
     paramount the need for high quality teachers.
       (3) Yet, the teachers who we rely on to educate our 
     children are not paid nearly what they are worth and entry 
     level teacher salaries are not competitive with salaries paid 
     in other entry level professions.
       (4) Some States are developing teacher bonuses in order to 
     attract students to teaching and provide additional support.
       (5) This year, Maryland is paying $2,000 to each of the 
     teachers in schools performing poorly on test scores.
       (6) In South Carolina, teachers working in low-scoring 
     rural schools will receive an extra $19,000 each this year.
       (7) States throughout the Nation are developing teacher 
     bonus programs to encourage high quality teachers to commit 
     to the education of our children.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) the Federal Government should support the increase in 
     teacher salaries and the incentives to commit to teaching by 
     allowing teachers to keep all of their bonuses, and
       (2) State teacher bonuses granted to teachers in low-
     performing and high poverty schools should be excluded from 
     gross income for purposes of Federal taxation.
                                  ____

  SA 409. Mr. TORRICELLI 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, add the following:

     SEC. __. NOTIFICATION.

       Section 485(f) of the Higher Education Act of 1965 (20 
     U.S.C. 1092(f)) is amended--
       (1) by redesignating paragraph (15) as paragraph (16); and
       (2) by inserting after paragraph (14) the following:
       ``(15) Notification.--(A) Each institution participating in 
     any program under this title, after the campus police or 
     security authority for the institution receives a report that 
     a student is missing, shall--
       ``(i) make a preliminary investigation to determine the 
     whereabouts of the student; and
       ``(ii) subject to subparagraph (B) and if the authority is 
     unable to verify that the student is safe within 24 hours of 
     receiving the report--
       ``(I) notify the student's parents and the local police 
     agency that the student is missing; and
       ``(II) cooperate with the local police agency regarding the 
     investigation of the missing student including entering into 
     a written agreement with the local police agency that 
     establishes the authority's and agency's responsibilities 
     with respect to the investigation.
       ``(B) The 24 hour period described in subparagraph (A)(ii) 
     excludes holiday periods at the institution.''.
                                  ____

  SA 410. Mr. BYRD 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:

          TITLE X--MISCELLANEOUS JUVENILE FIREARMS PROVISIONS

     SEC. 1001. SHORT TITLE.

       This title may be cited as the ``Miscellaneous Juvenile 
     Firearms Provisions of 2001''.

     SEC. 1002. PENALTIES FOR UNLAWFUL ACTS BY JUVENILES.

       (a) Juvenile Weapons Penalties.--Section 924(a) of title 
     18, United States Code, is amended--
       (1) in paragraph (4) by striking ``Whoever'' and inserting 
     ``Except as provided in paragraph (6) of this subsection, 
     whoever''; and
       (2) in paragraph (6), to read as follows:
       ``(6)(A) A juvenile who violates section 922(x) shall be 
     fined under this title, imprisoned not more than 1 year, or 
     both, except that--
       ``(i) a juvenile shall be sentenced to probation on 
     appropriate conditions and shall not be incarcerated unless 
     the juvenile fails to comply with a condition of probation, 
     if--
       ``(I) the offense of which the juvenile is charged is 
     possession of a handgun, ammunition, a large capacity 
     ammunition feeding device, or a semiautomatic assault weapon 
     in violation of section 922(x)(2); and
       ``(II) the juvenile has not been convicted in any court of 
     an offense (including an offense under section 922(x) or a 
     similar State law, but not including any other offense 
     consisting of conduct that if engaged in by an adult would 
     not constitute an offense) or adjudicated as a juvenile 
     delinquent for conduct that if engaged in by an adult would 
     constitute an offense; or
       ``(ii) a juvenile shall be fined under this title, 
     imprisoned not more than 20 years, or both, if--
       ``(I) the offense of which the juvenile is charged is 
     possession of a handgun, ammunition, a large capacity 
     ammunition feeding device, or a semiautomatic assault weapon 
     in violation of section 922(x)(2); and
       ``(II) during the same course of conduct in violating 
     section 922(x)(2), the juvenile violated section 922(q), with 
     the intent to carry or otherwise possess or discharge or 
     otherwise use the handgun, ammunition, large capacity 
     ammunition feeding device, or semiautomatic assault weapon in 
     the commission of a violent felony.
       ``(B) A person other than a juvenile who knowingly violates 
     section 922(x)--
       ``(i) shall be fined under this title, imprisoned not more 
     than 1 year, or both; and
       ``(ii) if the person sold, delivered, or otherwise 
     transferred a handgun, ammunition, large capacity ammunition 
     feeding device, or a semiautomatic assault weapon to a 
     juvenile knowing or having reasonable cause to know that the 
     juvenile intended to carry or otherwise possess or discharge 
     or otherwise use the handgun, ammunition, large capacity 
     ammunition feeding device, or semiautomatic assault weapon in 
     the commission of a violent felony, shall be fined under this 
     title, imprisoned not more than 20 years, or both.
       ``(C) For purposes of this paragraph the term `violent 
     felony' has the same meaning given that term in section 
     924(e)(2)(B).
       ``(D) Except as otherwise provided in this chapter, in any 
     case in which a juvenile is prosecuted in a district court of 
     the United States, and the juvenile is subject to the 
     penalties under clause (ii) of paragraph (A), the juvenile 
     shall be subject to the same laws, rules, and proceedings 
     regarding sentencing (including the availability of 
     probation, restitution, fines, forfeiture, imprisonment, and 
     supervised release) that would be applicable in the case of 
     an adult. No juvenile sentenced to a term of imprisonment 
     shall be released from custody simply because the juvenile 
     has reached the age of 18 years.''.
       (b) Unlawful Weapons Transfers to Juveniles.--Section 
     922(x) of title 18, United States Code, is amended to read as 
     follows:
       ``(x)(1) It shall be unlawful for a person to sell, 
     deliver, or otherwise transfer to a person who the transferor 
     knows or has reasonable cause to believe is a juvenile--
       ``(A) a handgun;
       ``(B) ammunition that is suitable for use only in a 
     handgun;
       ``(C) a semiautomatic assault weapon; or
       ``(D) a large capacity ammunition feeding device.
       ``(2) It shall be unlawful for any person who is a juvenile 
     to knowingly possess--
       ``(A) a handgun;
       ``(B) ammunition that is suitable for use only in a 
     handgun;
       ``(C) a semiautomatic assault weapon; or
       ``(D) a large capacity ammunition feeding device.
       ``(3) This subsection does not apply to--
       ``(A) a temporary transfer of a handgun, ammunition, a 
     large capacity ammunition feeding device, or a semiautomatic 
     assault weapon to a juvenile or to the possession or

[[Page 7610]]

     use of a handgun, ammunition, a large capacity ammunition 
     feeding device, or a semiautomatic assault weapon by a 
     juvenile--
       ``(i) if the handgun, ammunition, large capacity ammunition 
     feeding device, or semiautomatic assault weapon are possessed 
     and used by the juvenile--
       ``(I) in the course of employment;
       ``(II) in the course of ranching or farming related to 
     activities at the residence of the juvenile (or on property 
     used for ranching or farming at which the juvenile, with the 
     permission of the property owner or lessee, is performing 
     activities related to the operation of the farm or ranch);
       ``(III) for target practice;
       ``(IV) for hunting; or
       ``(V) for a course of instruction in the safe and lawful 
     use of a firearm; and
       ``(ii) if the possession and use of a handgun, ammunition, 
     a large capacity ammunition feeding device, or a 
     semiautomatic assault weapon by the juvenile under this 
     subparagraph are in accordance with State and local law, 
     and--
       ``(I) except when a parent or guardian of the juvenile is 
     in the immediate and supervisory presence of the juvenile, 
     the juvenile shall have in the juvenile's possession at all 
     times when a handgun, ammunition, a large capacity ammunition 
     feeding device, or a semiautomatic assault weapon is in the 
     possession of the juvenile, the prior written consent of the 
     parent or guardian of the juvenile who is not prohibited by 
     Federal, State, or local law from possessing a firearm or 
     ammunition; and
       ``(II) during transportation by the juvenile directly from 
     the place of transfer to a place at which an activity 
     described in clause (i) is to take place the firearm shall be 
     unloaded and in a locked container or case, and during the 
     transportation by the juvenile of that firearm, directly from 
     the place at which such an activity took place to the 
     transferor, the firearm shall also be unloaded and in a 
     locked container or case; or
       ``(III) with respect to employment, ranching or farming 
     activities as described in clause (i), a juvenile may possess 
     and use a handgun, ammunition, a large capacity ammunition 
     feeding device, or a semiautomatic assault rifle with the 
     prior written approval of the parent or legal guardian of the 
     juvenile, if such approval is on file with the adult who is 
     not prohibited by Federal, State, or local law from 
     possessing a firearm or ammunition and that person is 
     directing the ranching or farming activities of the juvenile;
       ``(B) a juvenile who is a member of the Armed Forces of the 
     United States or the National Guard who possesses or is armed 
     with a handgun, ammunition, a large capacity ammunition 
     feeding device, or a semiautomatic assault weapon in the line 
     of duty;
       ``(C) a transfer by inheritance of title (but not 
     possession) of a handgun, ammunition, a large capacity 
     ammunition feeding device, or a semiautomatic assault weapon 
     to a juvenile; or
       ``(D) the possession of a handgun, ammunition, a large 
     capacity ammunition feeding device, or a semiautomatic 
     assault weapon taken in lawful defense of the juvenile or 
     other persons in the residence of the juvenile or a residence 
     in which the juvenile is an invited guest.
       ``(4) A handgun, ammunition, a large capacity ammunition 
     feeding device, or a semiautomatic assault weapon, the 
     possession of which is transferred to a juvenile in 
     circumstances in which the transferor is not in violation of 
     this subsection, shall not be subject to permanent 
     confiscation by the Government if its possession by the 
     juvenile subsequently becomes unlawful because of the conduct 
     of the juvenile, but shall be returned to the lawful owner 
     when that handgun, ammunition, large capacity ammunition 
     feeding device, or semiautomatic assault weapon is no longer 
     required by the Government for the purposes of investigation 
     or prosecution.
       ``(5) For purposes of this subsection, the term `juvenile' 
     means a person who is less than 18 years of age.
       ``(6)(A) In a prosecution of a violation of this 
     subsection, the court shall require the presence of a parent 
     or legal guardian of a juvenile defendant at all proceedings.
       ``(B) The court may use the contempt power to enforce 
     subparagraph (A).
       ``(C) The court may excuse attendance of a parent or legal 
     guardian of a juvenile defendant at a proceeding in a 
     prosecution of a violation of this subsection for good cause 
     shown.
       ``(7) For purposes of this subsection only, the term `large 
     capacity ammunition feeding device' has the same meaning as 
     in section 921(a)(31) and includes similar devices 
     manufactured before the effective date of the Violent Crime 
     Control and Law Enforcement Act of 1994.''.
       (c) Effective Date.--This section and the amendments made 
     by this section shall take effect 180 days after the date of 
     enactment of this title.

     SEC. 1003. PROHIBITION ON FIREARMS POSSESSION BY VIOLENT 
                   JUVENILE OFFENDERS.

       (a) Definition.--Section 921(a)(20) of title 18, United 
     States Code, is amended--
       (1) by inserting ``(A)'' after ``(20)'';
       (2) by redesignating subparagraphs (A) and (B) as clauses 
     (i) and (ii), respectively;
       (3) by inserting after subparagraph (A) the following:
       ``(B) For purposes of subsections (d) and (g) of section 
     922, the term `act of violent juvenile delinquency' means an 
     adjudication of delinquency in a Federal or State court, 
     based on a finding of the commission of an act by a person 
     before that person has reached the age of 18 years that, if 
     committed by an adult, would be a serious or violent felony, 
     as defined in section 3559(c)(2)(F)(i) had Federal 
     jurisdiction existed and been exercised (except that section 
     3559(c)(3)(A) shall not apply to this subparagraph).''; and
       (4) in the undesignated paragraph following subparagraph 
     (B) (as added by paragraph (3) of this subsection), by 
     striking ``What constitutes'' and all that follows through 
     ``this chapter,'' and inserting the following:
       ``(C) What constitutes a conviction of such a crime or an 
     adjudication of an act of violent juvenile delinquency shall 
     be determined in accordance with the law of the jurisdiction 
     in which the proceedings were held. Any State conviction or 
     adjudication of an act of violent juvenile delinquency that 
     has been expunged or set aside, or for which a person has 
     been pardoned or has had civil rights restored, by the 
     jurisdiction in which the conviction or adjudication of an 
     act of violent juvenile delinquency occurred shall not be 
     considered to be a conviction or adjudication of an act of 
     violent juvenile delinquency for purposes of this chapter,''.
       (b) Prohibition.--Section 922 of title 18, United States 
     Code, is amended--
       (1) in subsection (d)--
       (A) in paragraph (8), by striking ``or'' at the end;
       (B) in paragraph (9), by striking the period at the end and 
     inserting ``; or''; and
       (C) by inserting after paragraph (9) the following:
       ``(10) has committed an act of violent juvenile 
     delinquency.''; and
       (2) in subsection (g)--
       (A) in paragraph (8), by striking ``or'' at the end;
       (B) in paragraph (9), by striking the comma at the end and 
     inserting ``; or''; and
       (C) by inserting after paragraph (9) the following:
       ``(10) who has committed an act of violent juvenile 
     delinquency,''.
       (c) Effective Date of Adjudication Provisions.--The 
     amendments made by this section shall only apply to an 
     adjudication of an act of violent juvenile delinquency that 
     occurs after the date that is 30 days after the date on which 
     the Attorney General certifies to Congress and separately 
     notifies Federal firearms licensees, through publication in 
     the Federal Register by the Secretary of the Treasury, that 
     the records of such adjudications are routinely available in 
     the national instant criminal background check system 
     established under section 103(b) of the Brady Handgun 
     Violence Prevention Act.

     SEC. 1004. CHILD HANDGUN SAFETY.

       (a) Purposes.--The purposes of this section are to:
       (1) promote the safe storage and use of handguns by 
     consumers;
       (2) prevent unauthorized persons from gaining access to or 
     use of a handgun, including children who may not be in 
     possession of a handgun, unless it is under one of the 
     circumstances provided for in the Youth Handgun Safety Act; 
     and
       (3) avoid hindering industry from supplying law abiding 
     citizens firearms for all lawful purposes, including hunting, 
     self-defense, collecting, and competitive or recreational 
     shooting.
       (b) Unlawful Acts.--
       (1) Mandatory transfer of secure gun storage or safety 
     device.--Section 922 of title 18, United States Code, is 
     amended by inserting after subsection (y) the following:
       ``(z) Secure Gun Storage or Safety Device.--
       ``(1) In general.--Except as provided in paragraph (2), it 
     shall be unlawful for any licensed manufacturer, licensed 
     importer, or licensed dealer to sell, deliver, or transfer 
     any handgun to any person other than any person licensed 
     under the provisions of this chapter, unless the transferee 
     is provided with a secure gun storage or safety device, as 
     described in section 921(a)(34) of this chapter, for that 
     handgun.
       ``(2) Exceptions.--Paragraph (1) does not apply to the--
       ``(A)(i) manufacture for, transfer to, or possession by, 
     the United States or a State, or a department or agency of 
     the United States or a State, or a department, agency, or 
     political subdivision of a State, of a handgun; or
       ``(ii) transfer to, or possession by, a law enforcement 
     officer of a handgun for law enforcement purposes (whether on 
     or off duty), if that officer is employed by an entity 
     referred to in clause (i); or
       ``(B) transfer to, or possession by, a rail police officer 
     of a handgun for purposes of law enforcement (whether on or 
     off duty), if that officer is employed by a rail carrier and 
     certified or commissioned as a police officer under the laws 
     of a State ;
       ``(C) transfer to any person of a handgun listed as a curio 
     or relic by the Secretary pursuant to section 921(a)(13); or
       ``(D) transfer to any person of a handgun for which a 
     secure gun storage or safety device is temporarily 
     unavailable for the reasons described in the exceptions 
     stated in

[[Page 7611]]

     section 923(e), so long as the licensed manufacturer, 
     licensed importer, or licensed dealer delivers to the 
     transferee, within 10 calendar days from the date of the 
     delivery of the handgun to the transferee, a secure gun 
     storage or safety device for the handgun.
       ``(3) Immunity for a lawful possessor.--Notwithstanding any 
     other provision of law, a person who has lawful possession 
     and control of a handgun, and who uses a secure gun storage 
     or safety device with the handgun, shall be entitled to 
     immunity from a qualified civil liability action as described 
     in paragraph (4).
       ``(4) Qualified civil liability action.--
       ``(A) Definition.--The term `qualified civil liability 
     action' means a civil action brought by any person against a 
     person described in paragraph (3) for damages resulting from 
     the criminal or unlawful misuse of the handgun by a third 
     party, where--
       ``(i) the handgun was accessed by another person who did 
     not have the permission or authorization of the person having 
     lawful possession and control of the handgun to have access 
     to the handgun; and
       ``(ii) at the time access was gained by the person not so 
     authorized, the handgun had been made inoperable by use of a 
     secure gun storage or safety device.
       ``(B) Jurisdiction.--A qualified civil liability action, as 
     defined in this paragraph, may not be brought in any Federal 
     or State court.
       ``(C) Negligence of lawful possessor.--A qualified civil 
     liability action, as defined in this paragraph, shall not 
     include an action brought against the person having lawful 
     possession and control of the handgun for negligent 
     entrustment or negligence per se.''.
       (c) Civil Penalties.--Section 924 of title 18, United 
     States Code, is amended--
       (1) in subsection (a)(1), by striking ``or (f)'' and 
     inserting ``(f), or (p)''; and
       (2) by adding at the end the following:
       ``(p) Penalties Relating To Secure Gun Storage or Safety 
     Device.--
       ``(1) In general.--
       ``(A) Suspension or revocation of license; civil 
     penalties.--With respect to each violation of section 
     922(z)(1) by a licensed manufacturer, licensed importer, or 
     licensed dealer, the Secretary may, after notice and 
     opportunity for hearing--
       ``(i) suspend for up to six months, or revoke, the license 
     issued to the licensee under this chapter that was used to 
     conduct the firearms transfer; or
       ``(ii) subject the licensee to a civil penalty in an amount 
     equal to not more than $2,500.
       ``(B) Review.--An action of the Secretary under this 
     paragraph may be reviewed only as provided in section 923(f).
       ``(2) Administrative remedies.--The suspension or 
     revocation of a license or the imposition of a civil penalty 
     under paragraph (1) does not preclude any administrative 
     remedy that is otherwise available to the Secretary.''.
       (d) Liability; Evidence.--
       (1) Liability.--Nothing in this section shall be construed 
     to--
       (A) create a cause of action against any Federal firearms 
     licensee or any other person for any civil liability; or
       (B) establish any standard of care.
       (2) Evidence.--Notwithstanding any other provision of law, 
     evidence regarding compliance or noncompliance with the 
     amendments made by this section shall not be admissible as 
     evidence in any proceeding of any court, agency, board, or 
     other entity, except with respect to an action to enforce 
     paragraphs (1) and (2) of section 922(z), or to give effect 
     to paragraphs (3) and (4) of section 922(z).
       (3) Rule of construction.--Nothing in this subsection shall 
     be construed to bar a governmental action to impose a penalty 
     under section 924(p) of title 18, United States Code, for a 
     failure to comply with section 922(z) of that title.
       (e) Effective Date.--This section and the amendments made 
     by this section shall take effect 180 days after the date of 
     enactment of this title.
                                  ____

  SA 411. Mr. GRAHAM 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 46, line 13, insert ``the school's contribution to 
     the'' after ``about''.
       On page 47, line 4, insert ``and of the school's 
     contribution to student performance,'' after 
     ``performance,''.
                                  ____

  SA 412. Mr. GRAHAM (for himself and Mr. Allen) 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 53, between lines 7 and 8, insert the following:
       ``(8) Factors impacting student achievement.--Each State 
     plan shall include a description of the process that will be 
     used with respect to any school within the State that is 
     identified for school improvement or corrective action under 
     section 1116 to identify the academic and nonacademic factors 
     that may have impacted student achievement at the school.
       On page 71, line 24, strike ``and''.
       On page 72, line 3, strike the period and end quotation 
     mark, and insert ``and'' after the semicolon.
       On page 72, between lines 3 and 4, insert the following:
       ``(11) a description of the process that will be used with 
     respect to any school identified for school improvement or 
     corrective action that is served by the local educational 
     agency to determine the academic and nonacademic factors that 
     may have impacted student achievement at the school.'';
       On page 104, line 7, strike ``and''.
       On page 104, line 13, strike the period and insert a 
     semicolon.
       On page 104, between lines 13 and 14, insert the following:
       ``(C) for each school in the State that is identified for 
     school improvement or corrective action, notify the Secretary 
     of any factors outside of the school that were determined by 
     the State educational agency under section 1111(b)(8) as 
     impacting student achievement; and
       ``(D) if a school in the State is identified for corrective 
     action, encourage appropriate State and local agencies and 
     community groups to mitigate any factors that were determined 
     by the State educational agency under section 1111(b)(8) as 
     impacting student achievement.''.
       On page 119, line 19, strike the end quotation mark and the 
     second period.
       On page 119, between lines 19 and 20, insert the following:
       ``(g) Other Agencies.--If a school is identified for school 
     improvement, the Secretary shall notify any agency having 
     jurisdiction over issues related to factors outside of the 
     identified school that were determined by the State 
     educational agency under section 1111(b)(8) as impacting 
     student achievement that such factors were so identified.''.
                                  ____

  SA 413. Mr. BROWNBACK (for himself and Mr. Kohl) 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:

     SEC. 902. STUDY AND INFORMATION.

       (a) Study.--
       (1) In general.--The Director of the National Institutes of 
     Health and the Secretary of Education jointly shall--
       (A) conduct a study regarding how exposure to violent 
     entertainment (such as movies, music, television, Internet 
     content, video games, and arcade games) affects children's 
     cognitive development and educational achievement; and
       (B) submit a final report to Congress regarding the study.
       (2) Plan.--The Director and the Secretary jointly shall 
     submit to Congress, not later than 6 months after the date of 
     enactment of this Act, a plan for the conduct of the study.
       (3) Interim reports.--The Director and the Secretary 
     jointly shall submit to Congress annual interim reports 
     regarding the study until the final report is submitted under 
     paragraph (1)(B).
       (b) Information.--Section 411(b)(3) of the National 
     Education Statistics Act of 1994 (20 U.S.C. 9010(b)(3) et 
     seq.) is amended by adding at the end the following: 
     ``Notwithstanding the preceding sentence, in carrying out the 
     National Assessment the Commissioner shall gather data 
     regarding how much time children spend on various forms of 
     entertainment, such as movies, music, television, Internet 
     content, video games, and arcade games.''.
                                  ____

  SA 414. Mr. DOMENICI (for himself and Mr. Dodd) 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:

             ``PART B--PARTNERSHIPS IN CHARACTER EDUCATION

     ``SEC. 9201. SHORT TITLE.

       ``This part may be cited as the `Strong Character for 
     Strong Schools Act'.

     ``SEC. 9202. PARTNERSHIPS IN CHARACTER EDUCATION PROGRAM.

       ``(a) Program Authorized.--
       ``(1) In general.--The Secretary is authorized to award 
     grants to eligible entities for the design and implementation 
     of character education programs that may incorporate the 
     elements of character described in subsection (d).
       ``(2) Eligible entity.--The term `eligible entity' means--
       ``(A) a State educational agency in partnership with 1 or 
     more local educational agencies;
       ``(B) a State educational agency in partnership with--

[[Page 7612]]

       ``(i) one or more local educational agencies; and
       ``(ii) one or more nonprofit organizations or entities, 
     including institutions of higher education;
       ``(C) a local educational agency or consortium of local 
     educational agencies; or
       ``(D) a local educational agency in partnership with 
     another nonprofit organization or entity, including 
     institutions of higher education.
       ``(3) Duration.--Each grant under this section shall be 
     awarded for a period not to exceed 3 years, of which the 
     eligible entity shall not use more than 1 year for planning 
     and program design.
       ``(4) Amount of grants for state educational agencies.--
     Subject to the availability of appropriations, the amount of 
     grant made by the Secretary to a State educational agency in 
     a partnership described in subparagraph (A) or (B) of 
     paragraph (2), that submits an application under subsection 
     (b) and that meets such requirements as the Secretary may 
     establish under this section, shall not be less than 
     $500,000.
       ``(b) Applications.--
       ``(1) Requirement.--Each eligible entity desiring a grant 
     under this section shall submit an application to the 
     Secretary at such time and in such manner as the Secretary 
     may require.
       ``(2) Contents of application.--Each application submitted 
     under this section shall include--
       ``(A) a description of any partnerships or collaborative 
     efforts among the organizations and entities of the eligible 
     entity;
       ``(B) a description of the goals and objectives of the 
     program proposed by the eligible entity;
       ``(C) a description of activities that will be pursued and 
     how those activities will contribute to meeting the goals and 
     objectives described in subparagraph (B), including--
       ``(i) how parents, students (including students with 
     physical and mental disabilities), and other members of the 
     community, including members of private and nonprofit 
     organizations, will be involved in the design and 
     implementation of the program and how the eligible entity 
     will work with the larger community to increase the reach and 
     promise of the program;
       ``(ii) curriculum and instructional practices that will be 
     used or developed;
       ``(iii) methods of teacher training and parent education 
     that will be used or developed; and
       ``(iv) how the program will be linked to other efforts in 
     the schools to improve student performance;
       ``(D) in the case of an eligible entity that is a State 
     educational agency--
       ``(i) a description of how the State educational agency 
     will provide technical and professional assistance to its 
     local educational agency partners in the development and 
     implementation of character education programs; and
       ``(ii) a description of how the State educational agency 
     will assist other interested local educational agencies that 
     are not members of the original partnership in designing and 
     establishing character education programs;
       ``(E) a description of how the eligible entity will 
     evaluate the success of its program--
       ``(i) based on the goals and objectives described in 
     subparagraph (B); and
       ``(ii) in cooperation with the national evaluation 
     conducted pursuant to subsection (c)(2)(B)(iii);
       ``(F) an assurance that the eligible entity annually will 
     provide to the Secretary such information as may be required 
     to determine the effectiveness of the program; and
       ``(G) any other information that the Secretary may require.
       ``(c) Evaluation and Program Development.--
       ``(1) Evaluation and reporting.--
       ``(A) State and local reporting and evaluation.--Each 
     eligible entity receiving a grant under this section shall 
     submit to the Secretary a comprehensive evaluation of the 
     program assisted under this section, including the impact on 
     students (including students with physical and mental 
     disabilities), teachers, administrators, parents, and 
     others--
       ``(i) by the second year of the program; and
       ``(ii) not later than 1 year after completion of the grant 
     period.
       ``(B) Contracts for evaluation.--Each eligible entity 
     receiving a grant under this section may contract with 
     outside sources, including institutions of higher education, 
     and private and nonprofit organizations, for purposes of 
     evaluating its program and measuring the success of the 
     program toward fostering character in students.
       ``(2)  National research, dissemination, and evaluation.--
       ``(A) In general.--The Secretary is authorized to make 
     grants to, or enter into contracts or cooperative agreements 
     with, State or local educational agencies, institutions of 
     higher education, tribal organizations, or other public or 
     private agencies or organizations to carry out research, 
     development, dissemination, technical assistance, and 
     evaluation activities that support or inform State and local 
     character education programs. The Secretary shall reserve not 
     more than 5 percent of the funds made available under this 
     section to carry out this paragraph.
       ``(B) Uses.--Funds made available under subparagraph (A) 
     may be used--
       ``(i) to conduct research and development activities that 
     focus on matters such as--

       ``(I) the effectiveness of instructional models for all 
     students, including students with physical and mental 
     disabilities;
       ``(II) materials and curricula that can be used by programs 
     in character education;
       ``(III) models of professional development in character 
     education; and
       ``(IV) the development of measures of effectiveness for 
     character education programs which may include the factors 
     described in paragraph (3);

       ``(ii) to provide technical assistance to State and local 
     programs, particularly on matters of program evaluation;
       ``(iii) to conduct a national evaluation of State and local 
     programs receiving funding under this section; and
       ``(iv) to compile and disseminate, through various 
     approaches (such as a national clearinghouse)--

       ``(I) information on model character education programs;
       ``(II) character education materials and curricula;

       ``(III) research findings in the area of character 
     education and character development; and
       ``(IV) any other information that will be useful to 
     character education program participants, educators, parents, 
     administrators, and others nationwide.

       ``(C) Priority.--In carrying out national activities under 
     this paragraph related to development, dissemination, and 
     technical assistance, the Secretary shall seek to enter into 
     partnerships with national, nonprofit character education 
     organizations with expertise and successful experience in 
     implementing local character education programs that have had 
     an effective impact on schools, students (including students 
     with disabilities), and teachers.
       ``(3) Factors.--Factors which may be considered in 
     evaluating the success of programs funded under this section 
     may include--
       ``(A) discipline issues;
       ``(B) student performance;
       ``(C) participation in extracurricular activities;
       ``(D) parental and community involvement;
       ``(E) faculty and administration involvement;
       ``(F) student and staff morale; and
       ``(G) overall improvements in school climate for all 
     students, including students with physical and mental 
     disabilities.
       ``(d) Elements of Character.--Each eligible entity desiring 
     funding under this section shall develop character education 
     programs that may incorporate elements of character such as--
       ``(1) caring;
       ``(2) civic virtue and citizenship;
       ``(3) justice and fairness;
       ``(4) respect;
       ``(5) responsibility;
       ``(6) trustworthiness; and
       ``(7) any other elements deemed appropriate by the members 
     of the eligible entity.
       ``(e) Use of Funds by State Educational Agency 
     Recipients.--Of the total funds received in any fiscal year 
     under this section by an eligible entity that is a State 
     educational agency--
       ``(1) not more than 10 percent of such funds may be used 
     for administrative purposes; and
       ``(2) the remainder of such funds may be used for--
       ``(A) collaborative initiatives with and between local 
     educational agencies and schools;
       ``(B) the preparation or purchase of materials, and teacher 
     training;
       ``(C) grants to local educational agencies, schools, or 
     institutions of higher education; and
       ``(D) technical assistance and evaluation.
       ``(f) Selection of Grantees.--
       ``(1) Criteria.--The Secretary shall select, through peer 
     review, eligible entities to receive grants under this 
     section on the basis of the quality of the applications 
     submitted under subsection (b), taking into consideration 
     such factors as--
       ``(A) the quality of the activities proposed to be 
     conducted;
       ``(B) the extent to which the program fosters character in 
     students and the potential for improved student performance;
       ``(C) the extent and ongoing nature of parental, student, 
     and community involvement;
       ``(D) the quality of the plan for measuring and assessing 
     success; and
       ``(E) the likelihood that the goals of the program will be 
     realistically achieved.
       ``(2) Diversity of projects.--The Secretary shall approve 
     applications under this section in a manner that ensures, to 
     the extent practicable, that programs assisted under this 
     section--
       ``(A) serve different areas of the Nation, including urban, 
     suburban, and rural areas; and
       ``(B) serve schools that serve minorities, Native 
     Americans, students of limited-English proficiency, 
     disadvantaged students, and students with disabilities.
       ``(g) Participation by Private School Children and 
     Teachers.--Grantees under this section shall provide, to the 
     extent feasible and appropriate, for the participation

[[Page 7613]]

     of students and teachers in private elementary and secondary 
     schools in programs and activities under this section.
       ``(h) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section, 
     $50,000,000 for fiscal year 2002 and such sums as may be 
     necessary for each of the 6 succeeding fiscal years.''.
                                  ____

  SA 415. Mr. DOMENICI (for himself and Mr. Kennedy) 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 565, between lines 18 and 19, insert the following:

     ``SEC. 4126. GRANTS FOR THE INTEGRATION OF SCHOOLS AND MENTAL 
                   HEALTH SYSTEMS.

       ``(a) In General.--The Secretary shall award grants, 
     contracts, or cooperative agreements to State educational 
     agencies, local educational agencies, or Indian tribes, for 
     the purpose of increasing student access to quality mental 
     health care by developing innovative programs to link local 
     school systems with the local mental health system.
       ``(b) Duration.--With respect to a grant, contract, or 
     cooperative agreement awarded under this section, the period 
     during which payments under such award are made to the 
     recipient may not exceed 5 years.
       ``(c) Interagency agreements.--
       ``(1) Designation of lead agency.--The recipient of each 
     grant, contract, or cooperative agreement 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 
     and parents and guardians of students.
       ``(2) Contents.--The interagency agreement shall ensure the 
     provision of the services to a student described in 
     subsection (e) 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.
       ``(d) Application.--
       ``(1) In general.--To be eligible to receive a grant, 
     contract, or cooperative agreement under this section, a 
     State educational agency, local educational agency, or Indian 
     tribe shall submit an application to the Secretary at such 
     time, in such manner, and accompanied by such information as 
     the Secretary may reasonably require.
       ``(2) Content.--An application submitted under this section 
     shall--
       ``(A) describe the program to be funded under the grant, 
     contract, or cooperative agreement;
       ``(B) explain how such program will increase access to 
     quality mental health services for students;
       ``(C) explain how the applicant will establish a crisis 
     intervention program to provide immediate mental health 
     services to the school community when necessary;
       ``(D) provide assurances that--
       ``(i) persons providing services under the grant, contract 
     or cooperative agreement are adequately trained to provide 
     such services;
       ``(ii) the services will be provided in accordance with 
     subsection (e); and
       ``(iii) teachers, principal administrators, and other 
     school personnel are aware of the program;
       ``(E) explain how the applicant will support and integrate 
     existing school-based services with the program to provide 
     appropriate mental health services for students; and
       ``(F) explain how the applicant will establish a program 
     that will support students and the school in maintaining an 
     environment conducive to learning.
       ``(e) Use of Funds.--A State educational agency, local 
     educational agency, or Indian tribe, that receives a grant, 
     contract, or cooperative agreement under this section shall 
     use amounts made available through such grant, contract or 
     cooperative agreement to--
       ``(1) 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) enhance the availability of crisis intervention 
     services, appropriate referrals for students potentially in 
     need of mental health services and on going mental health 
     services;
       ``(3) provide training for the school personnel and mental 
     health professionals who will participate in the program 
     carried out under this section;
       ``(4) provide technical assistance and consultation to 
     school systems and mental health agencies and families 
     participating in the program carried out under this section;
       ``(5) provide linguistically appropriate and culturally 
     competent services; and
       ``(6) 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 sustainability of the program.
       ``(f) Distribution of Awards.--The Secretary shall ensure 
     that grants, contracts, and cooperative agreements awarded 
     under subsection (a) are equitably distributed among the 
     geographical regions of the United States and between urban 
     and rural populations.
       ``(g) Other Services.--Any services provided through 
     programs established under this section must supplement and 
     not supplant existing Mental Health Services, including any 
     services required to be provided under the Individuals with 
     Disabilities Education Act (20 U.S.C. 1400 et seq.).
       ``(h) Evaluation.--The Secretary shall evaluate each 
     program carried out by a State educational agency, local 
     educational agency, or Indian tribe, under this section and 
     shall disseminate the findings with respect to each such 
     evaluation to appropriate public and private entities.
       ``(i) Reporting.--Nothing in Federal law shall be 
     construed--
       ``(1) to prohibit an entity involved with the program from 
     reporting a crime that is committed by a student, to 
     appropriate authorities; or
       ``(2) to prevent State law enforcement and judicial 
     authorities from exercising their responsibilities with 
     regard to the application of Federal and State law to crimes 
     committed by a student.
       ``(j) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section, $50,000,000 for 
     fiscal year 2002, and such sums as may be necessary for 
     fiscal years 2003 through 2005.
                                  ____

  SA 416. Mr. DOMENICI 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 319, between lines 19 and 20, insert the following:
       ``(12) Establishing and operating a center that--
       ``(A) serves as a statewide clearinghouse for the 
     recruitment and placement of kindergarten, elementary school, 
     and secondary school teachers; and
       ``(B) establishes and carries out programs to improve 
     teacher recruitment and retention within the State.
                                  ____

  SA 417. Mr. SANTORUM 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, add the following:

     SEC. 902. INDIVIDUALS WITH DISABILITIES EDUCATION ACT.

       (a) Short Title.--This section may be cited as the 
     ``Growing Resources in Educational Achievement for Today and 
     Tomorrow Act'' or the ``GREATT IDEA Act''.
       (b) Purpose.--It is the purpose of this section to more 
     than double the Federal funding authorized for programs and 
     services under the Individuals with Disabilities Education 
     Act (20 U.S.C. 1400 et seq.).
       (c) Amendments to the Individuals with Disabilities 
     Education Act.--
       (1) Assistance for education of all children with 
     disabilities.--Section 611(j) of the Individuals with 
     Disabilities Education Act (20 U.S.C. 1411(j)) is amended to 
     read as follows:
       ``(j) Authorization of Appropriations.--For the purpose of 
     carrying out this part, other than section 619, there are 
     authorized to be appropriated--
       ``(1) $7,779,800,800 for fiscal year 2002;
       ``(2) $9,714,403,800 for fiscal year 2003;
       ``(3) $12,130,084,000 for fiscal year 2004; and
       ``(4) $15,146,471,000 for fiscal year 2005.''.
       (2) General provisions.--Part A of the Individuals with 
     Disabilities Education Act (20 U.S.C. 1401 et seq.) is 
     amended by adding at the end the following:

     ``SEC. 608. MAINTENANCE OF EFFORT.

       ``A State utilizing the proceeds of a grant received under 
     this Act, shall maintain expenditures for activities carried 
     out under this Act for each of fiscal years 2002 through 2005 
     at least at a level equal to not less than the level of such 
     expenditures maintained by such State for fiscal year 
     2001.''.
                                  ____

  SA 418. Mr. HATCH 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:

       Open page 64, between lines 2 and 3, insert the following
       (F) Protection of pupil rights.--Notwithstanding any other 
     provision in law, Section

[[Page 7614]]

     445 of the General Education Provisions Act (20 U.S.C. 1232h) 
     is applicable to all activities undertaken by a State in 
     order to provide the information allowable in this section.
                                  ____

  SA 419. Mr. SPECTER 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 233, strike lines 9 through 14, and insert the 
     following:
       ``(a) Transition Services.--Each State agency shall reserve 
     not less than 5 percent and not more than 30 percent of the 
     amount such agency receives under this chapter for any fiscal 
     year to support--
       ``(1) projects that facilitate the transition of children 
     and youth from State-operated institutions to local 
     educational agencies; or
       ``(2) the successful reentry of youth offenders, who are 
     age 20 or younger and have received a secondary school 
     diploma or its recognized equivalent, into postsecondary 
     education and vocational training programs through strategies 
     designed to expose the youth to, and prepare the youth for, 
     postsecondary education and vocational training programs, 
     such as--
       ``(A) preplacement programs that allow adjudicated or 
     incarcerated students to audit or attend courses on college, 
     university, or community college campuses, or through 
     programs provided in institutional settings;
       ``(B) worksite schools, in which institutions of higher 
     education and private or public employers partner to create 
     programs to help students make a successful transition to 
     postsecondary education and employment;
       ``(C) essential support services to ensure the success of 
     the youth, such as--
       ``(i) personal, vocational, and academic counseling;
       ``(ii) placement services designed to place the youth in a 
     university, college, or junior college program;
       ``(iii) health services;
       ``(iv) information concerning, and assistance in obtaining, 
     available student financial aid;
       ``(v) exposure to cultural events; and
       ``(vi) job placement services.
       On page 233, strike lines 20 through 24.
       On page 234, between lines 4 and 5, insert the following:

     ``SEC. 1419. EVALUATION; TECHNICAL ASSISTANCE; ANNUAL MODEL 
                   PROGRAM.

       ``The Secretary shall reserve not more than 5 percent of 
     the amount made available to carry out this chapter for a 
     fiscal year--
       ``(1) to develop a uniform model to evaluate the 
     effectiveness of programs assisted under this chapter;
       ``(2) to provide technical assistance to and support the 
     capacity building of State agency programs assisted under 
     this chapter; and
       ``(3) to create an annual model correctional youthful 
     offender program event under which a national award is given 
     to programs assisted under this chapter which demonstrate 
     program excellence in--
       ``(A) transition services for reentry in and completion of 
     regular or other education programs operated by a local 
     educational agency;
       ``(B) transition services to job training programs and 
     employment, utilizing existing support programs such as One 
     Stop Career Centers;
       ``(C) transition services for participation in 
     postsecondary education programs;
       ``(D) the successful reentry into the community; and
       ``(E) the impact on recidivism reduction for juvenile and 
     adult programs.
       On page 242, line 19, strike ``and''.
       On page 242, line 22, strike the period and insert ``; 
     and''.
       On page 242, between lines 22 and 23, insert the following:
       ``(5) participate in postsecondary education and job 
     training programs.
       On page 243, line 6, insert ``and the Secretary'' after 
     ``agency''.
                                  ____

  SA 420. Mr. SPECTER 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. __. EXEMPTION.

       Section 13(c) of the Fair Labor Standards Act of 1938 (29 
     U.S.C. 213(c)) is amended by adding at the end the following:
       ``(6)(A) Subject to subparagraph (B), in the administration 
     and enforcement of the child labor provisions of this Act, it 
     shall not be considered oppressive child labor for an 
     individual who--
       ``(i) is under the age of 18 and over the age of 14, and
       ``(ii) by statute or judicial order is exempt from 
     compulsory school attendance beyond the eighth grade,

     to be employed inside or outside places of business where 
     machinery is used to process wood products.
       ``(B) The employment of an individual under subparagraph 
     (A) shall be permitted--
       ``(i) if the individual is supervised by an adult relative 
     of the individual or is supervised by an adult member of the 
     same religious sect or division as the individual;
       ``(ii) if the individual does not operate or assist in the 
     operation of power-driven woodworking machines;
       ``(iii) if the individual is protected from wood particles 
     or other flying debris within the workplace by a barrier 
     appropriate to the potential hazard of such wood particles or 
     flying debris or by maintaining a sufficient distance from 
     machinery in operation; and
       ``(iv) if the individual is required to use personal 
     protective equipment to prevent exposure to excessive levels 
     of noise and saw dust.''.
                                  ____

  SA 421. Mr. REID proposed an amendment to amendment SA 384 proposed 
by Mr. McConnell 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:

       On page 4, line 23, insert a comma after (b), strike 
     ``and'' and insert ``and (d)'' after (c).
       On page 6, line 6, insert a new subsection (c), as follows, 
     and renumber accordingly:
       ``(c) Nothing in this section shall be construed to apply 
     to any action of a teacher that involves the striking of a 
     child, including, but not limited to paddling, whipping, 
     spanking, slapping, kicking, hitting, or punching of a child, 
     unless such action is necessary to control discipline or 
     maintain order in the classroom or school and unless a parent 
     or legal guardian of that child has given written consent to 
     the teacher prior to the striking of the child and during the 
     school year in which the striking incident occurs.''
                                  ____

  SA 422. Mr. TORRICELLI 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, add the following:

     SEC. 902. MICROBIOLOGICAL PERFORMANCE STANDARDS FOR MEAT AND 
                   POULTRY FOR SCHOOL NUTRITION PROGRAMS.

       Section 9(a) of the Richard B. Russell National School 
     Lunch Act (42 U.S.C. 1758(a)) is amended by adding at the end 
     the following:
       ``(4) Microbiological performance standards for meat and 
     poultry for school nutrition programs.--
       ``(A) In general.--The Secretary shall ensure that all meat 
     and poultry purchased by the Secretary for a program carried 
     out under this Act or the Child Nutrition Act of 1966 (42 
     U.S.C. 1771 et seq.) meets performance standards for 
     microbiological hazards, as determined by the Secretary.
       ``(B) Basis.--The standards shall be based on and 
     comparable to the stringent requirements used by national 
     purchasers of meat and poultry (including purchasers for fast 
     food restaurants), as determined by the Secretary.
       ``(C) Review.--The Secretary shall periodically review the 
     standards to determine the impact of the standards on 
     reducing human illness.''.
                                  ____

  SA 423. Mr. KERRY 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 383, after line 21, insert the following:

     SEC. __. TEACHERS AND PRINCIPALS.

       Part A of title II (as amended in section 201) is further 
     amended--
       (1) by striking the title heading and all that follows 
     through the part heading for part A and inserting the 
     following:

                  ``TITLE II--TEACHERS AND PRINCIPALS

                ``PART A--TEACHER AND PRINCIPAL QUALITY;

       (2) in section 2101(1)--
       (A) by striking ``teacher quality'' and inserting ``teacher 
     and principal quality''; and
       (B) by inserting before the semicolon ``and highly 
     qualified principals in schools'';
       (3) in section 2102--
       (A) in paragraph (4)--
       (i) in subparagraph (B)(ii), by striking ``and'';
       (ii) in subparagraph (C), by striking the period and 
     inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(D) with respect to an elementary school or secondary 
     school principal, a principal--
       ``(i)(I) with at least a master's degree in educational 
     administration and at least 3 years of classroom teaching 
     experience; or
       ``(II) who has completed a rigorous alternative 
     certification program that includes instructional leadership 
     courses, an internship under the guidance of an accomplished 
     principal, and classroom teaching experience;

[[Page 7615]]

       ``(ii) who is certified or licensed as a principal by the 
     State involved; and
       ``(iii) who can demonstrate a high level of competence as 
     an instructional leader with knowledge of theories of 
     learning, curricula design, supervision and evaluation of 
     teaching and learning, assessment design and application, 
     child and adolescent development, and public reporting and 
     accountability.''; and
       (B) in paragraph (9)(B), by striking ``teachers'' each 
     place it appears and inserting ``teachers, principals,'';
       (4) in section 2112(b)(4), by striking ``teaching force'' 
     and inserting ``teachers and principals'';
       (5) in section 2113(b)--
       (A) in paragraph (1)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``teacher'' and inserting ``teacher and principal'';
       (ii) in subparagraph (A)--

       (I) by inserting ``(i)'' after ``(A)'';
       (II) by adding ``and'' after the semicolon; and
       (III) by adding at the end the following:

       ``(ii) principals have the instructional leadership skills 
     to help teachers teach and students learn;''; and
       (iii) in subparagraph (C), by inserting ``, and principals 
     have the instructional leadership skills,'' before 
     ``necessary'';
       (B) in paragraph (2), by striking ``the initial teaching 
     experience'' and inserting ``an initial experience as a 
     teacher or a principal'';
       (C) in paragraph (3)--
       (i) by striking ``of teachers'' and inserting ``of teachers 
     and principals'';
       (ii) by striking ``degree'' and inserting ``or master's 
     degree''; and
       (iii) by striking ``teachers.'' and inserting ``teachers or 
     principals.''; and
       (D) in paragraph (7), by striking ``teacher'' and inserting 
     ``teacher and principal'';
       (6) in section 2122(c)(2)--
       (A) by striking ``and, where appropriate, 
     administrators,''; and
       (B) by inserting ``and to give principals the instructional 
     leadership skills to help teachers,'' after ``skills,'';
       (7) in section 2123(b)--
       (A) in paragraph (2), by inserting ``and principal'' before 
     ``mentoring'';
       (B) in paragraph (3), striking the period and inserting ``, 
     nonprofit organizations, local educational agencies, or 
     consortia of appropriate educational entities.''; and
       (C) in paragraph (4)--
       (i) by striking ``teachers'' and inserting ``teachers and 
     principals''; and
       (ii) by striking ``teaching'' and inserting ``employment as 
     teachers or principals, respectively'';
       (8) in section 2133(a)(1)--
       (A) by striking ``, paraprofessionals, and, if appropriate, 
     principals'' and inserting ``and paraprofessionals''; and
       (B) by striking the semicolon and inserting the following: 
     ``and that principals have the instructional leadership 
     skills that will help the principals work most effectively 
     with teachers to help students master core academic 
     subjects;'';
       (9) in section 2134--
       (A) in paragraph (1), by striking ``teachers'' and 
     inserting ``teachers and principals''; and
       (B) in paragraph (2)--
       (i) by striking ``teachers'' and inserting ``teachers and 
     principals''; and
       (ii) by inserting ``a principal organization,'' after 
     ``teacher organization,''; and
       (10) in section 2142(a)(2), by striking subparagraph (A) 
     and inserting the following:
       ``(A) shall establish for the local educational agency an 
     annual measurable performance objective for increasing 
     retention of teachers and principals in the first 3 years of 
     their careers as teachers and principals, respectively; 
     and''.
                                  ____

  SA 424. Mr. HATCH (for himself, Mr. Leahy, Mr. Thurmond, Mr. Kohl, 
Mr. Biden, and Mr. Kennedy) submitted an amendment intended to be 
proposed by him to the bill S. 1, toextend 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. __. BOYS AND GIRLS CLUBS OF AMERICA.

       Section 401 of the Economic Espionage Act of 1966 (42 
     U.S.C. 13751 note) is amended--
       (1) in subsection (a)(2)--
       (A) by striking ``1,000'' and inserting ``1,200'';
       (B) by striking ``2,500'' and inserting ``4,000''; and
       (C) by striking ``December 31, 1999'' and inserting 
     ``December 31, 2006, serving not less than 6,000,000 young 
     people'';
       (2) in subsection (c)--
       (A) in paragraph (1), by striking ``1997, 1998, 1999, 2000, 
     and 2001'' and inserting ``2002, 2003, 2004, 2005, and 
     2006''; and
       (B) in paragraph (2)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``90 days'' and inserting ``30 days'';
       (ii) in subparagraph (A), by striking ``1,000'' and 
     inserting ``1,200''; and
       (iii) in subparagraph (B), by striking ``2,500 Boys and 
     Girls Clubs of America facilities in operation before January 
     1, 2000'' and inserting ``4,000 Boys and Girls Clubs of 
     America facilities in operation before January 1, 2007''; and
       (3) in subsection (e), by striking paragraph (1) and 
     inserting the following:
       ``(1) In general.--There are authorized to be appropriated 
     to carry out this section--
       ``(A) $60,000,000 for fiscal year 2002;
       ``(B) $60,000,000 for fiscal year 2003;
       ``(C) $60,000,000 for fiscal year 2004;
       ``(D) $60,000,000 for fiscal year 2005; and
       ``(E) $60,000,000 for fiscal year 2006.''.
                                  ____

  SA 425. Mr. REED (for himself, Ms. Snowe, Mr. Kennedy, Mr. Chafee, 
Mr. Bingaman, Mr. Wellstone, Mrs. Murray, Mrs. Clinton, Mr. Sarbanes, 
Mr. Johnson, Mr. Baucus, Mr. Levin, Mr. Reid, Mr. Rockfeller, Mr. 
Durbin, and Mr. Dayton) 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 32, line 11, strike ``$900,000,000'' and insert 
     ``$1,400,000,000''.
       On page 201, line 19, strike ``and''.
       On page 201, line 21, strike the period and insert ``; 
     and''.
       On page 201, between lines 21 and 22, insert the following:
       ``(3) shall reserve $500,000,000 for fiscal year 2002 and 
     each of the 6 succeeding fiscal years to carry out section 
     1228 (relating to school libraries).

       On page 203, between lines 20 and 21, insert the following:

     ``SEC. 1228. IMPROVING LITERACY THROUGH SCHOOL LIBRARIES.

       ``(a) In General.--From funds reserved under section 
     1225(3) for a fiscal year that are not reserved under 
     subsection (h), the Secretary shall allot to each State 
     educational agency having an application approved under 
     subsection (c)(1) an amount that bears the same relation to 
     the funds as the amount the State educational agency received 
     under part A for the preceding fiscal year bears to the 
     amount all such State educational agencies received under 
     part A for the preceding fiscal year, to increase literacy 
     and reading skills by improving school libraries.
       ``(b) Within-State Allocations.--Each State educational 
     agency receiving an allotment under subsection (a) for a 
     fiscal year--
       ``(1) may reserve not more than 3 percent to provide 
     technical assistance, disseminate information about school 
     library media programs that are effective and based on 
     scientifically based research, and pay administrative costs, 
     related to activities under this section; and
       ``(2) shall allocate the allotted funds that remain after 
     making the reservation under paragraph (1) to each local 
     educational agency in the State having an application 
     approved under subsection (c)(2) (for activities described in 
     subsection (e)) in an amount that bears the same relation to 
     such remainder as the amount the local educational agency 
     received under part A for the fiscal year bears to the amount 
     received by all such local educational agencies in the State 
     for the fiscal year.
       ``(c) Applications.--
       ``(1) State educational agency.--Each State educational 
     agency desiring assistance under this section shall submit to 
     the Secretary an application at such time, in such manner, 
     and containing such information as the Secretary shall 
     require. The application shall contain a description of--
       ``(A) how the State educational agency will assist local 
     educational agencies in meeting the requirements of this 
     section and in using scientifically based research to 
     implement effective school library media programs; and
       ``(B) the standards and techniques the State educational 
     agency will use to evaluate the quality and impact of 
     activities carried out under this section by local 
     educational agencies to determine the need for technical 
     assistance and whether to continue funding the agencies under 
     this section.
       ``(2) Local educational agency.--Each local educational 
     agency desiring assistance under this section shall submit to 
     the State educational agency an application at such time, in 
     such manner, and containing such information as the State 
     educational agency shall require. The application shall 
     contain a description of--
       ``(A) a needs assessment relating to the need for school 
     library media improvement, based on the age and condition of 
     school library media resources, including book collections, 
     access of school library media centers to advanced 
     technology, and the availability of well-trained, 
     professionally certified school library media specialists, in 
     schools served by the local educational agency;
       ``(B) how the local educational agency will extensively 
     involve school library media specialists, teachers, 
     administrators, and parents in the activities assisted under 
     this section, and the manner in which the local educational 
     agency will carry out the activities described in subsection 
     (e) using programs and materials that are grounded in 
     scientifically based research;

[[Page 7616]]

       ``(C) the manner in which the local educational agency will 
     effectively coordinate the funds and activities provided 
     under this section with Federal, State, and local funds and 
     activities under this subpart and other literacy, library, 
     technology, and professional development funds and 
     activities; and
       ``(D) a description of the manner in which the local 
     educational agency will collect and analyze data on the 
     quality and impact of activities carried out under this 
     section by schools served by the local educational agency.
       ``(d) Within-LEA Distribution.--Each local educational 
     agency receiving funds under this section shall distribute--
       ``(1) 50 percent of the funds to schools served by the 
     local educational agency that are in the top quartile in 
     terms of percentage of students enrolled from families with 
     incomes below the poverty line; and
       ``(2) 50 percent of the funds to schools that have the 
     greatest need for school library media improvement based on 
     the needs assessment described in subsection (c)(2)(A).
       ``(e) Local Activities.--Funds under this section may be 
     used to--
       ``(1) acquire up-to-date school library media resources, 
     including books;
       ``(2) acquire and utilize advanced technology, incorporated 
     into the curricula of the school, to develop and enhance the 
     information literacy, information retrieval, and critical 
     thinking skills of students;
       ``(3) facilitate Internet links and other resource-sharing 
     networks among schools and school library media centers, and 
     public and academic libraries, where possible;
       ``(4) provide professional development described in 
     1222(c)(7)(D) for school library media specialists, and 
     activities that foster increased collaboration between school 
     library media specialists, teachers, and administrators; and
       ``(5) provide students with access to school libraries 
     during nonschool hours, including the hours before and after 
     school, during weekends, and during summer vacation periods.
       ``(f) Accountability and Continuation of Funds.--Each local 
     educational agency that receives funding under this section 
     for a fiscal year shall be eligible to continue to receive 
     the funding for a third or subsequent fiscal year only if the 
     local educational agency demonstrates to the State 
     educational agency that the local educational agency has 
     increased--
       ``(1) the availability of, and the access to, up-to-date 
     school library media resources in the elementary schools and 
     secondary schools served by the local educational agency; and
       ``(2) the number of well-trained, professionally certified 
     school library media specialists in those schools.
       ``(g) Supplement Not Supplant.--Funds made available under 
     this section shall be used to supplement and not supplant 
     other Federal, State, and local funds expended to carry out 
     activities relating to library, technology, or professional 
     development activities.
       ``(h) National Activities.--From the total amount made 
     available under section 1225(3) for each fiscal year, the 
     Secretary shall reserve not more than 1 percent for annual, 
     independent, national evaluations of the activities assisted 
     under this section. The evaluations shall be conducted not 
     later than 3 years after the date of enactment of the Better 
     Education for Students and Teachers Act, and each year 
     thereafter.
       On page 203, line 21, strike ``1228'' and insert ``1229''.
                                  ____

  SA 426. Mr. CONRAD (for himself and Mr. Bingman) 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. __. CARL D. PERKINS VOCATIONAL AND TECHNICAL EDUCATION 
                   ACT OF 1998.

       (a) In General.--Section 117 of the Carl D. Perkins 
     Vocational and Technical Education Act of 1998 (20 U.S.C. 
     2327) is amended--
       (1) in subsection (a), by inserting ``that are not 
     receiving Federal support under the Tribally Controlled 
     College or University Assistance Act of 1978 (25 U.S.C. 1801 
     et seq.) or the Navajo Community College Act (25 U.S.C. 640a 
     et seq.)'' after ``institutions'';
       (2) in subsection (b), by adding ``institutional support 
     of'' after ``for'';
       (3) in subsection (d), by inserting ``that is not receiving 
     Federal support under the Tribally Controlled College or 
     University Assistance Act of 1978 (25 U.S.C. 1801 et seq.) or 
     the Navajo Community College Act (25 U.S.C. 640a et seq.)'' 
     after ``institution''; and
       (4) in subsection (e)(1)--
       (A) by striking ``and'' at the end of subparagraph (B);
       (B) by striking the period at the end of subparagraph (C) 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(D) institutional support of vocational and technical 
     education.''.
       (b) Effective Date.--
       (1) In general.--The amendments made by subsection (a) 
     shall take effect on the date of enactment of this Act.
       (2) Application.--The amendments made by subsection (a) 
     shall apply to grants made for fiscal year 2001 only if this 
     Act is enacted before September 30, 2001.
                                  ____

  SA 427. Mr. WELLSTONE 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 VII, add the following:

     SEC.  . ADDITION TO LIST OF 1994 INSTITUTIONS.

       Section 532 of the Equity in Educational Land-Grant Status 
     Act of 1994 (Public Law 103-382; 7 U.S.C. 301 note) is 
     amended by adding at the end the following:
       ``(31) White Earth Tribal and Community College.''.
                                  ____

  SA 428. Mrs. MURRAY 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 752, strike line 16.
                                  ____

  SA 429. Mr. CLELAND 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 319, between lines 19 and 20, insert the following:
       ``(12) Supporting the activities of education councils and 
     professional development schools, involving partnerships 
     described in paragraphs (1) and (3) of subsection (c), 
     respectively, for the purpose of--
       ``(A) preparing out-of-field teachers to be qualified to 
     teach all of the classes that the teachers are assigned to 
     teach;
       ``(B) preparing paraprofessionals to become fully qualified 
     teachers in areas served by high need local educational 
     agencies;
       ``(C) supporting teams of master teachers, including 
     teachers certified by the National Board for Professional 
     Teaching Standards, and student teacher interns as a part of 
     an extended teacher education program; and
       ``(D) supporting teams of master teachers, including 
     teachers certified by the National Board for Professional 
     Teaching Standards, to serve in low-performing schools.
       On page 329, line 7, strike ``; and'' and insert a 
     semicolon.
       On page 329, line 13, strike the period and insert ``; 
     and''.
       On page 329, between lines 13 and 14, insert the following:
       ``(C) may include activities carried out jointly with 
     education councils and professional development schools, 
     involving partnerships described in paragraphs (1) and (3) of 
     subsection (c), respectively, for the purpose of improving 
     teaching and learning at low-performing schools.
       On page 329, between lines 18 and 19, insert the following:
       ``(c) Definitions.--In this section:
       ``(1) Education council.--The term `education council' 
     means a partnership that--
       ``(A) is established between--
       ``(i) 1 or more local educational agencies; and
       ``(ii) 1 or more institutions of higher education, 
     including community colleges, that meet the requirements 
     applicable to the institutions under title II of the Higher 
     Education Act of 1965 (20 U.S.C. 1021 et seq.); and
       ``(B) provides professional development to teachers to 
     ensure that the teachers are prepared and meet high standards 
     for teaching, particularly by educating and preparing 
     prospective teachers in a classroom setting and enhancing the 
     knowledge of in-service teachers while improving the 
     education of the classroom students.
       ``(2) Low-performing school.--The term `low-performing 
     school' means an elementary school or secondary school that 
     is determined to be low-performing by a State, on the basis 
     of factors such as low student achievement, low student 
     performance, unclear academic standards, high rates of 
     student absenteeism, high dropout rates, and high rates of 
     staff turnover or absenteeism.
       ``(3) Professional development school.--The term 
     `professional development school' means a partnership that--
       ``(A) is established between--
       ``(i) a local educational agency on behalf of an elementary 
     or secondary school within the local educational agency's 
     jurisdiction; and
       ``(ii) an institution of higher education, including a 
     community college, that meets the requirements applicable to 
     the institution under title II of the Higher Education Act of 
     1965; and
       ``(B)(i) provides sustained and high quality preservice 
     clinical experience, including the mentoring of prospective 
     teachers by veteran teachers;
       ``(ii) substantially increases interaction between faculty 
     at institutions of higher education described in subparagraph 
     (A) and new and experienced teachers, principals,

[[Page 7617]]

     and other administrators at elementary schools or secondary 
     schools; and
       ``(iii) provides support, including preparation time, for 
     such interaction.
                                  ____

  SA 430. Mr. CLELAND 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 480, line 12, strike the period at the end and 
     insert a semicolon and the following:
       ``(6) other instructional services that are designed to 
     assist immigrant students to achieve in elementary and 
     secondary schools in the United States, such as literacy 
     programs, programs of introduction to the educational system, 
     and civics education; and
       ``(7) activities, coordinated with community-based 
     organizations, institutions of higher education, private 
     sector entities, or other entities with expertise in working 
     with immigrants, to assist parents of immigrant students by 
     offering comprehensive community social services, such as 
     English as a second language courses, health care, job 
     training, child care, and transportation services.''.
                                  ____

  SA 431. Mr. REED 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 125, line 6, insert ``(a) In General.--'' before 
     ``Section''.
       On page 127, between lines 20 and 21, insert the following:
       (b) Grants.--Section 1118(a)(3) (20 U.S.C. 6319(a)(3)) is 
     amended by adding at the end the following:
       ``(C)(i)(I) The Secretary is authorized to award grants to 
     local educational agencies to enable the local educational 
     agencies to supplement the implementation of the provisions 
     of this section and to allow for the expansion of other 
     recognized and proven initiatives and policies to improve 
     student achievement through the involvement of parents.
       ``(II) Each local educational agency desiring a grant under 
     this subparagraph shall submit to the Secretary an 
     application at such time, in such manner, and containing such 
     information as the Secretary may require.
       ``(ii) Each application submitted under clause (i)(II) 
     shall describe the activities to be undertaken using funds 
     received under this subparagraph and shall set forth the 
     process by which the local educational agency will annually 
     evaluate the effectiveness of the agency's activities in 
     improving student achievement and increasing parental 
     involvement.
       ``(iii) Each grant under this subparagraph shall be awarded 
     for a 5-year period.
       ``(iv) The Secretary shall conduct a review of the 
     activities carried out by each local educational agency using 
     funds received under this subparagraph to determine whether 
     the local educational agency demonstrates improvement in 
     student achievement and an increase in parental involvement.
       ``(v) The Secretary shall terminate grants to a local 
     educational agency under this subparagraph after the fourth 
     year if the Secretary determines that the evaluations 
     conducted by such agency and the reviews conducted by the 
     Secretary show no improvement in the local educational 
     agency's student achievement and no increase in such agency's 
     parental involvement.
       ``(vi) There are authorized to be appropriated to carry out 
     this subparagraph $500,000,000 for fiscal year 2002, and such 
     sums as may be necessary for each subsequent fiscal year.''.
                                  ____

  SA 432. Mr. REED 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 324, between lines 10 and 11, insert the following:
       ``(11) A description of how the local educational agency 
     will provide training to enable teachers to--
       ``(A) address the needs of students with disabilities, 
     students with limited English proficiency, and other students 
     with special needs;
       ``(B) involve parents in their child's education; and
       ``(C) understand and use data and assessments to improve 
     classroom practice and student learning.
       On page 326, line 2, strike ``and''.
       On page 326, line 7, strike the period and insert ``; 
     and''.
       On page 326, between lines 7 and 8, insert the following:
       ``(D) effective instructional practices that involve 
     collaborative groups of teachers and administrators, using 
     such strategies as--
       ``(i) provision of dedicated time for collaborative lesson 
     planning and curriculum development meetings;
       ``(ii) consultation with exemplary teachers;
       ``(iii) team teaching, peer observation, and coaching;
       ``(iv) provision of short-term and long-term visits to 
     classrooms and schools;
       ``(v) establishment and maintenance of local professional 
     development networks that provide a forum for interaction 
     among teachers and administrators about content knowledge and 
     teaching and leadership skills; and
       ``(vi) the provision of release time as needed for the 
     activities.
                                  ____

  SA 433. Mr. REED 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 307, line 16, strike ``and''.
       On page 307, line 18, strike the period and insert ``; 
     and''.
       On page 307, between lines 18 and 19, insert the following:
       ``(v) encourage and provide instruction on how to work with 
     and involve parents to foster student achievement.''
                                  ____

  SA 434. Mr. REED 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 12, strike lines 23 through 24.
       On page 13, strike lines 1 through 2, and insert the 
     following:
       ``(23) Parental involvement.--The term `parental 
     involvement' means the participation of parents in regular, 
     two-way, and meaningful communication, including ensuring--
       ``(A) that parenting skills are promoted and supported;
       ``(B) that parents play an integral role in assisting 
     student learning;
       ``(C) that parents are welcome in the schools;
       ``(D) that parents are included in decision-making and 
     advisory committees; and
       ``(E) the carrying out of other activities described in 
     section 1118.
                                  ____

  SA 435. Mr. REED 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 369, between lines 6 and 7, insert the following 
     and redesignate the remaining paragraphs accordingly:
       ``(2) outlines the strategies for increasing parental 
     involvement in schools through the effective use of 
     technology;''.
       On page 370, line 24, strike ``and''
       On page 370, line 26, strike the period and insert a 
     semicolon.
       On page 371, line 1, insert the following:
       ``(7) utilizing technology to develop or expand efforts to 
     connect schools and teachers with parents to promote 
     meaningful parental involvement and foster increased 
     communication about curriculum, assignments, and assessments; 
     and
       ``(8) providing support to help parents understand the 
     technology being applied in their child's education so that 
     parents are able to reinforce their child's learning.''.
       On page 371, between lines 23 and 24, insert the following 
     and redesignate the remaining paragraphs accordingly:
       ``(3) a description of how the local educational agency 
     will ensure the effective use of technology to promote 
     parental involvement and increase communication with parents;
       ``(4) a description of how parents will be informed of the 
     use of technologies so that the parents are able to reinforce 
     at home the instruction their child receives at school;''.
       On page 374, line 24, strike ``and''.
       On page 375, line 1, insert the following and redesignate 
     the remaining paragraph accordingly:
       ``(3) increased parental involvement through the use of 
     technology; and''.
       On page 378, line 24, strike ``and''.
       On page 379, line 1, insert the following and redesignate 
     the remaining subparagraph accordingly:
       ``(F) increased parental involvement in schools through the 
     use of technology; and''.
                                  ____

  SA 436. Mr. REED 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 90, line 5, after ``problems'' insert the 
     following:

     ``including problems, if any, in implementing the parental 
     involvement requirements described in section 1118, the 
     professional development requirements described in section

[[Page 7618]]

     1119, and the responsibilities of the school and local 
     educational agency under the school plan''.
                                  ____

  SA 437. Mr. BOND 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 586, between lines 18 and 19, insert the following:

       PART B--DISCIPLINARY MEASURES RELATING TO SCHOOL VIOLENCE

     SEC. 411. SHORT TITLE.

       This part may be cited as the ``School Safety Act of 
     2001''.

     SEC. 412. AMENDMENTS TO THE INDIVIDUALS WITH DISABILITIES 
                   EDUCATION ACT.

       (a) Procedural Safeguards.-- Section 615 of the Individuals 
     with Disabilities Education Act (20 U.S.C. 1415) is amended 
     by adding at the end the following:
       ``(n) Discipline by Local Authority With Respect to 
     Weapons, Drugs, and Teacher Assaults.--
       ``(1) Authority of school personnel with respect to 
     weapons, drugs, and teacher assaults.--Notwithstanding any 
     other provision of this title, school personnel may 
     discipline (including expel or suspend) a child with a 
     disability in the same manner in which such personnel may 
     discipline a child without a disability if the child with a 
     disability--
       ``(A) carries or possesses a weapon to or at a school, on 
     school premises, or to or at a school function under the 
     jurisdiction of a State or a local educational agency;
       ``(B) threatens to carry, possess, or use a weapon to or at 
     a school, on school premises, or to or at a school function 
     under the jurisdiction of a State or a local educational 
     agency;
       ``(C) possesses or uses illegal drugs or sells or solicits 
     the sale of a controlled substance while at school, on school 
     premises, or at a school function under the jurisdiction of a 
     State or local educational agency; or
       ``(D) assaults or threatens to assault a teacher, teacher's 
     aide, principal, school counselor, or other school personnel, 
     including independent contractors and volunteers.
       ``(2) Individual determinations.--In carrying out any 
     disciplinary action described in paragraph (1), school 
     personnel have discretion to consider all germane factors in 
     each individual case and modify any disciplinary action on a 
     case-by-case basis.
       ``(3) Defense.--Nothing in paragraph (1) shall be construed 
     to prevent a child with a disability who is disciplined 
     pursuant to the authority provided under paragraph (1) from 
     asserting a defense that the alleged act was unintentional or 
     innocent.
       ``(4) Free appropriate public education.--
       ``(A) Ceasing to provide education.--Notwithstanding 
     section 612(a)(1)(A), or any other provision of this title, a 
     child expelled or suspended under paragraph (1) shall not be 
     entitled to continued educational services, including a free 
     appropriate public education, under this subsection, during 
     the term of such expulsion or suspension, if the State in 
     which the local educational agency responsible for providing 
     educational services to such child does not require a child 
     without a disability to receive educational services after 
     being expelled or suspended.
       ``(B) Providing education.--Notwithstanding subparagraph 
     (A), the local educational agency responsible for providing 
     educational services to a child with a disability who is 
     expelled or suspended under paragraph (1) may choose to 
     continue to provide educational services to such child. If 
     the local educational agency so chooses to continue to 
     provide the services--
       ``(i) nothing in this subsection shall be construed to 
     require the local educational agency to provide such child 
     with a free appropriate public education, or any particular 
     level of service; and
       ``(ii) the location where the local educational agency 
     provides the services shall be left to the discretion of the 
     local educational agency.
       ``(5) Relationship to other requirements.--
       ``(A) Plan requirements.--No agency shall be considered to 
     be in violation of section 612 or 613 because the agency has 
     provided discipline, services, or assistance in accordance 
     with this subsection.
       ``(B) Procedure.--None of the procedural safeguards or 
     disciplinary procedures of this Act shall apply to this 
     subsection, and the relevant procedural safeguards and 
     disciplinary procedures applicable to children without 
     disabilities may be applied to the child with a disability in 
     the same manner in which such safeguards and procedures would 
     be applied to children without disabilities.
       ``(6) Definitions.--In this subsection:
       ``(A) Threaten to carry, possess, or use a weapon.--The 
     term `threaten to carry, possess, or use a weapon' includes 
     behavior in which a child verbally threatens to kill another 
     person.
       ``(B) Weapon, illegal drug, controlled substance, and 
     assault.--The terms `weapon', `illegal drug', `controlled 
     substance', `assault', `unintentional', and `innocent' have 
     the meanings given such terms under State law.''.
       (b) Conforming Amendments.--Section 615 of the Individuals 
     with Disabilities Education Act (20 U.S.C. 1415) is amended--
       (1) in subsection (f)(1), by striking ``Whenever'' and 
     inserting the following: ``Except as provided in section 
     615(n), whenever''; and
       (2) in subsection (k)--
       (A) in paragraph (1), by striking subparagraph (A) and 
     inserting the following:
       ``(A) In any disciplinary situation except for such 
     situations as described in subsection (n), school personnel 
     under this section may order a change in the placement of a 
     child with a disability to an appropriate interim alternative 
     educational setting, another setting, or suspension, for not 
     more than 10 school days (to the extent such alternatives 
     would apply to children without disabilities).'';
       (B) by striking paragraph (3) and inserting the following:
       ``(3) Any interim alternative educational setting in which 
     a child is placed under paragraph (1) or (2) shall--
       ``(A) be selected so as to enable the child to continue to 
     participate in the general curriculum, although in another 
     setting, and to continue to receive those services and 
     modifications, including those described in the child's 
     current IEP, that will enable the child to meet the goals set 
     out in that IEP; and
       ``(B) include services and modifications designed to 
     address the behavior described in paragraphs (1) or (2) so 
     that it does not recur.'';
       (C) in paragraph (6)(B)--
       (i) in clause (i), by striking ``(i) In reviewing'' and 
     inserting ``In reviewing''; and
       (ii) by striking clause (ii);
       (D) in paragraph (7)--
       (i) in subparagraph (A), by striking ``paragraph (1)(A)(ii) 
     or'' each place it appears; and
       (ii) in subparagraph (B), by striking ``paragraph 
     (1)(A)(ii) or''; and
       (E) by striking paragraph (10) and inserting the following:
       ``(10) Substantial evidence.--The term `substantial 
     evidence' means beyond a preponderance of the evidence.''.

     SEC. 413. AMENDMENT TO THE GUN-FREE SCHOOLS ACT OF 1994.

       Subsection (c) of section 14601 of the Gun-Free Schools Act 
     of 1994 (20 U.S.C. 8921) is amended to read as follows:
       ``(c) Special Rule.--Notwithstanding any other provision of 
     this section, this section shall be subject to section 615(n) 
     of the Individuals with Disabilities Education Act (20 U.S.C. 
     1415(n)).''.

     SEC. 414. APPLICATION.

       The amendments made by sections 412 and 413 shall not apply 
     to conduct occurring prior to the date of the enactment of 
     this Act.
                                  ____

  SA 438. Mr. BOND 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 586, between lines 18 and 19, insert the following:

             PART B--SCHOOL SAFETY AND VIOLENCE PREVENTION

     SEC. 411. SCHOOL SAFETY AND VIOLENCE PREVENTION.

       Title XIV of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 8801 et seq.) is amended by adding at the end 
     the following:

            ``PART I--SCHOOL SAFETY AND VIOLENCE PREVENTION

     ``SEC. 14851. SCHOOL SAFETY AND VIOLENCE PREVENTION.

       ``Notwithstanding any other provision of titles IV and VI, 
     funds made available under such titles may be used for--
       ``(1) training, including in-service training, for school 
     personnel (including custodians and bus drivers), with 
     respect to--
       ``(A) identification of potential threats, such as illegal 
     weapons and explosive devices;
       ``(B) crisis preparedness and intervention procedures; and
       ``(C) emergency response;
       ``(2) training for parents, teachers, school personnel, and 
     other interested members of the community regarding 
     identification of and responses to early warning signs of 
     troubled and violent youth;
       ``(3) innovative research-based delinquency and violence 
     prevention programs, including--
       ``(A) school anti-violence programs; and
       ``(B) mentoring programs;
       ``(4) comprehensive assessments of school security;
       ``(5) purchase of school security equipment and 
     technologies, such as--
       ``(A) metal detectors;
       ``(B) electronic locks; and
       ``(C) surveillance cameras;
       ``(6) collaborative efforts with community-based 
     organizations, including faith-based organizations, statewide 
     consortia, and law enforcement agencies, that have 
     demonstrated expertise in providing effective, research-based 
     violence prevention and intervention programs to school-aged 
     children;

[[Page 7619]]

       ``(7) providing assistance to States, local educational 
     agencies, and schools to establish school uniform policies;
       ``(8) school resource officers, including community 
     policing officers; and
       ``(9) other innovative, local responses that are consistent 
     with reducing incidents of school violence and improving the 
     educational atmosphere of the classroom.''.

     SEC. 412. STUDY OF SCHOOL SAFETY ISSUES.

       (a) Study.--The Comptroller General shall carry out a study 
     regarding school safety issues, including an examination of--
       (1) incidents of school-based violence in the United 
     States;
       (2) impediments to combating school-based violence, 
     including local, state, and Federal education and law 
     enforcement impediments;
       (3) promising initiatives for addressing school-based 
     violence;
       (4) crisis preparedness of school personnel;
       (5) preparedness of local, State, and Federal law 
     enforcement to address incidents of school-based violence; 
     and
       (6) current school violence prevention programs.
       (b) Report.--The Comptroller General shall submit to 
     Congress a report regarding the results of the study 
     conducted under subsection (a).
                                  ____

  SA 439. Mr. TORRICELLI 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, add the following:

     SEC. 902. INTEGRATED PEST MANAGEMENT.

       (a) Short Title.--This section may be cited as the ``School 
     Environment Protection Act of 2001''.
       (b) Integrated Pest Management Systems for Schools.--The 
     Federal Insecticide, Fungicide, and Rodenticide Act is 
     amended--
       (1) by redesignating sections 33 and 34 (7 U.S.C. 136x, 
     136y) as sections 34 and 35, respectively; and
       (2) by inserting after section 32 (7 U.S.C. 136w-7) the 
     following:

     ``SEC. 33. INTEGRATED PEST MANAGEMENT SYSTEMS FOR SCHOOLS.

       ``(a) Definitions.--In this section:
       ``(1) Board.--The term `Board' means the National School 
     Integrated Pest Management Advisory Board established under 
     subsection (c).
       ``(2) Contact person.--The term `contact person' means an 
     individual who is--
       ``(A) knowledgeable about integrated pest management 
     systems; and
       ``(B) designated by a local educational agency as the 
     contact person under subsection (f).
       ``(3) Crack and crevice treatment.--The term `crack and 
     crevice treatment' means the application of small quantities 
     of a pesticide in a building into openings such as those 
     commonly found at expansion joints, between levels of 
     construction, and between equipment and floors.
       ``(4) Emergency.--The term `emergency' means an urgent need 
     to mitigate or eliminate a pest that threatens the health or 
     safety of a student or staff member.
       ``(5) Fund.--The term `Fund' means the Integrated Pest 
     Management Trust Fund established under subsection (m).
       ``(6) Integrated pest management system.--The term 
     `integrated pest management system' means a managed pest 
     control system that--
       ``(A) eliminates or mitigates economic, health, and 
     aesthetic damage caused by pests;
       ``(B) uses--
       ``(i) integrated methods;
       ``(ii) site or pest inspections;
       ``(iii) pest population monitoring;
       ``(iv) an evaluation of the need for pest control; and
       ``(v) 1 or more pest control methods, including sanitation, 
     structural repair, mechanical and living biological controls, 
     other nonchemical methods, and (if nontoxic options are 
     unreasonable and have been exhausted) least toxic pesticides; 
     and
       ``(C) minimizes--
       ``(i) the use of pesticides; and
       ``(ii) the risk to human health and the environment 
     associated with pesticide applications.
       ``(7) Least toxic pesticides.--
       ``(A) In general.--The term `least toxic pesticides' 
     means--
       ``(i) boric acid and disodium octoborate tetrahydrate;
       ``(ii) silica gels;
       ``(iii) diatomaceous earth;
       ``(iv) nonvolatile insect and rodent baits in tamper 
     resistant containers or for crack and crevice treatment only;
       ``(v) microbe-based pesticides;
       ``(vi) pesticides made with essential oils (not including 
     synthetic pyrethroids) without toxic synergists; and
       ``(vii) materials for which the inert ingredients are 
     nontoxic and disclosed.
       ``(B) Exclusions.--The term `least toxic pesticides' does 
     not include--
       ``(i) a pesticide that is determined by the Administrator 
     to be an acutely or moderately toxic pesticide, probable, 
     likely, or known carcinogen, mutagen, teratogen, reproductive 
     toxin, developmental neurotoxin, endocrine disrupter, or 
     immune system toxin; or
       ``(ii) and any application of a pesticide described in 
     clause (i) using a broadcast spray, dust, tenting, fogging, 
     or baseboard spray application.
       ``(8) List.--The term `list' means the list of least toxic 
     pesticides established under subsection (d).
       ``(9) Local educational agency.--The term `local 
     educational agency' has the meaning given the term in section 
     14101 of the Elementary and Secondary Education Act of 1965 
     (20 U.S.C. 8801).
       ``(10) Person.--The term `person' means--
       ``(A) an individual that attends, has children enrolled in, 
     works at, or uses a school;
       ``(B) a resident of a school district; and
       ``(C) any other individual that may be affected by pest 
     management activities of a school.
       ``(11) Official.--The term `official' means the official 
     appointed by the Administrator under subsection (e).
       ``(12) Pesticide.--
       ``(A) In general.--The term `pesticide' means any substance 
     or mixture of substances, including herbicides and bait 
     stations, intended for--
       ``(i) preventing, destroying, repelling, or mitigating any 
     pest;
       ``(ii) use as a plant regulator, defoliant, or desiccant; 
     or
       ``(iii) use as a spray adjuvant such as a wetting agent or 
     adhesive.
       ``(B) Exclusion.--The term `pesticide' does not include 
     antimicrobial agents such as disinfectants or deodorizers 
     used for cleaning products.
       ``(13) School.--The term `school' means a public--
       ``(A) elementary school (as defined in section 14101 of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     8801));
       ``(B) secondary school (as defined in section 14101 of that 
     Act); or
       ``(C) kindergarten or nursery school.
       ``(14) School grounds.--
       ``(A) In general.--The term `school grounds' means the area 
     outside of the school buildings controlled, managed, or owned 
     by the school or school district.
       ``(B) Inclusions.--The term `school grounds' includes a 
     lawn, playground, sports field, and any other property or 
     facility controlled, managed, or owned by a school.
       ``(15) Space spraying.--
       ``(A) In general.--The term `space spraying' means 
     application of a pesticide by discharge into the air 
     throughout an inside area.
       ``(B) Inclusion.--The term `space spraying' includes the 
     application of a pesticide using a broadcast spray, dust, 
     tenting, or fogging.
       ``(C) Exclusion.--The term `space spraying' does not 
     include crack and crevice treatment.
       ``(16) Staff member.--
       ``(A) In general.--The term `staff member' means an 
     employee of a school or local educational agency.
       ``(B) Inclusions.--The term `staff member' includes an 
     administrator, teacher, and other person that is regularly 
     employed by a school or local educational agency.
       ``(C) Exclusions.--The term `staff member' does not 
     include--
       ``(i) an employee hired by a school, local educational 
     agency, or State to apply a pesticide; or
       ``(ii) a person assisting in the application of a 
     pesticide.
       ``(17) State educational agency.--The term `State 
     educational agency' has the meaning given the term in section 
     14101 of the Elementary and Secondary Education Act of 1965 
     (20 U.S.C. 8801).
       ``(18) Universal notification.--The term `universal 
     notification' means notice provided by a local educational 
     agency or school to--
       ``(A) all parents or guardians of children attending the 
     school; and
       ``(B) staff members of the school or local educational 
     agency.
       ``(b) Integrated Pest Management Systems.--
       ``(1) In general.--The Administrator, in consultation with 
     the Secretary of Education, shall establish a National School 
     Integrated Pest Management Advisory System to develop and 
     update uniform standards and criteria for implementing 
     integrated pest management systems in schools.
       ``(2) Implementation.--Not later than 18 months after the 
     date of enactment of this subsection, each local educational 
     agency of a school district shall develop and implement in 
     each of the schools in the school district an integrated pest 
     management system that complies with this section.
       ``(3) State programs.--If, on the date of enactment of this 
     section, a State maintains an integrated pest management 
     system that meets the standards and criteria established 
     under paragraph (1) (as determined by the Board), a local 
     educational agency in the State may continue to implement the 
     system in a school or in the school district in accordance 
     with paragraph (2).
       ``(4) Application to schools and school grounds.--The 
     requirements of this section that apply to a school, 
     including the requirement to implement an integrated 
     management system, apply to pesticide application

[[Page 7620]]

     in a school building and on the school grounds.
       ``(5) Application of pesticides when schools in use.--A 
     school shall prohibit--
       ``(A) the application of a pesticide when a school or a 
     school ground is occupied or in use; or
       ``(B) the use of an area or room treated by a pesticide, 
     other than a least toxic pesticide, during the 24-hour period 
     beginning at the end of the treatment.
       ``(c) National School Integrated Pest Management Advisory 
     Board.--
       ``(1) In general.--The Administrator, in consultation with 
     the Secretary of Education, shall establish a National School 
     Integrated Pest Management Advisory Board to--
       ``(A) establish uniform standards and criteria for 
     developing integrated pest management systems and policies in 
     schools;
       ``(B) develop standards for the use of least toxic 
     pesticides in schools; and
       ``(C) advise the Administrator on any other aspects of the 
     implementation of this section.
       ``(2) Composition of board.--The Board shall be composed of 
     12 members and include 1 representative from each of the 
     following groups:
       ``(A) Parents.
       ``(B) Public health care professionals.
       ``(C) Medical professionals.
       ``(D) State integrated pest management system coordinators.
       ``(E) Independent integrated pest management specialists 
     that have carried out school integrated pest management 
     programs.
       ``(F) Environmental advocacy groups.
       ``(G) Children's health advocacy groups.
       ``(H) Trade organization for pest control operators.
       ``(I) Teachers and staff members.
       ``(J) School facility managers or school maintenance staff.
       ``(K) School administrators.
       ``(L) School board members.
       ``(3) Appointment.--Not later than 180 days after the date 
     of enactment of this section, the Administrator shall appoint 
     members of the Board from nominations received from Parent 
     Teacher Associations, school districts, States, and other 
     interested persons and organizations.
       ``(4) Term.--
       ``(A) In general.--A member of the Board shall serve for a 
     term of 5 years, except that the Administrator may shorten 
     the terms of the original members of the Board in order to 
     provide for a staggered term of appointment for all members 
     of the Board.
       ``(B) Consecutive terms.--Subject to subparagraph (C), a 
     member of the Board shall not serve consecutive terms unless 
     the term of the member has been reduced by the Administrator.
       ``(C) Maximum term.--In no event may a member of the Board 
     serve for more than 6 consecutive years.
       ``(5) Meetings.--The Administrator shall convene--
       ``(A) an initial meeting of the Board not later than 60 
     days after the appointment of the members; and
       ``(B) subsequent meetings on a periodic basis, but not less 
     often than 2 times each year.
       ``(6) Compensation.--A member of the Board shall serve 
     without compensation, but may be reimbursed by the 
     Administrator for expenses (in accordance with section 5703 
     of title 5, United States Code) incurred in performing duties 
     as a member of the Board.
       ``(7) Chairperson.--The Board shall select a Chairperson 
     for the Board.
       ``(8) Quorum.--A majority of the members of the Board shall 
     constitute a quorum for the purpose of conducting business.
       ``(9) Decisive votes.--Two-thirds of the votes cast at a 
     meeting of the Board at which a quorum is present shall be 
     decisive for any motion.
       ``(10) Administration.--The Administrator--
       ``(A) shall--
       ``(i) authorize the Board to hire a staff director; and
       ``(ii) detail staff of the Environmental Protection Agency, 
     or allow for the hiring of staff for the Board; and
       ``(B) subject to the availability of appropriations, may 
     pay necessary expenses incurred by the Board in carrying out 
     this subtitle, as determined appropriate by the 
     Administrator.
       ``(11) Responsibilities of the board.--
       ``(A) In general.--The Board shall provide recommendations 
     to the Administrator regarding the implementation of this 
     section.
       ``(B) List of least toxic pesticides.--Not later than 1 
     year after the initial meeting of the Board, the Board 
     shall--
       ``(i) review implementation of this section (including use 
     of least toxic pesticides); and
       ``(ii) review and make recommendations to the Administrator 
     with respect to new proposed active and inert ingredients or 
     proposed amendments to the list in accordance with subsection 
     (d).
       ``(C) Technical advisory panels.--
       ``(i) In general.--The Board shall convene technical 
     advisory panels to provide scientific evaluations of the 
     materials considered for inclusion on the list.
       ``(ii) Composition.--A panel described in clause (i) shall 
     include experts on integrated pest management, children's 
     health, entomology, health sciences, and other relevant 
     disciplines.
       ``(D) Special review.--
       ``(i) In general.--Not later than 2 years after the initial 
     meeting of the Board, the Board shall review, with the 
     assistance of a technical advisory panel, pesticides used in 
     school buildings and on school grounds for their acute 
     toxicity and chronic effects, including cancer, mutations, 
     birth defects, reproductive dysfunction, neurological and 
     immune system effects, and endocrine system disruption.
       ``(ii) Determination.--The Board--

       ``(I) shall determine whether the use of pesticides 
     described in clause (i) may endanger the health of children; 
     and
       ``(II) may recommend to the Administrator restrictions on 
     pesticide use in school buildings and on school grounds.

       ``(12) Requirements.--In establishing the proposed list, 
     the Board shall--
       ``(A) review available information from the Environmental 
     Protection Agency, the National Institute of Environmental 
     Health Studies, medical and scientific literature, and such 
     other sources as appropriate, concerning the potential for 
     adverse human and environmental effects of substances 
     considered for inclusion in the proposed list; and
       ``(B) cooperate with manufacturers of substances considered 
     for inclusion in the proposed list to obtain a complete list 
     of ingredients and determine that such substances contain 
     inert ingredients that are generally recognized as safe.
       ``(13) Petitions.--The Board shall establish procedures 
     under which individuals may petition the Board for the 
     purpose of evaluating substances for inclusion on the list.
       ``(14) Periodic review.--
       ``(A) In general.--The Board shall review each substance 
     included on the list at least once during each 5-year period 
     beginning on--
       ``(i) the date that the substance was initially included on 
     the list; or
       ``(ii) the date of the last review of the substance under 
     this subsection.
       ``(B) Submission to administrator.--The Board shall submit 
     the results of a review under subparagraph (A) to the 
     Administrator with a recommendation as to whether the 
     substance should continue to be included on the list.
       ``(15) Confidentiality.--Any business sensitive material 
     obtained by the Board in carrying out this section shall be 
     treated as confidential business information by the Board and 
     shall not be released to the public.
       ``(d) List of Least Toxic Pesticides; Pesticide Review.--
       ``(1) In general.--The Board shall recommend to the 
     Administrator a list of least toxic pesticides (including the 
     pesticides described in subsection (a)(7)) that may be used 
     as least toxic pesticides, any restrictions on the use of the 
     listed pesticides, and any recommendations regarding 
     restrictions on all other pesticides, in accordance with this 
     section.
       ``(2) Procedure for evaluating pesticide use.--
       ``(A) List of least toxic pesticides.--
       ``(i) In general.--The Administrator shall establish a list 
     of least toxic pesticides that may be used in school 
     buildings and on school grounds, including any restrictions 
     on the use of the pesticides, that is based on the list 
     prepared by the Board.
       ``(ii) Regulatory review.--The Administrator shall initiate 
     regulatory review of all other pesticides recommended for 
     restriction by the Board.
       ``(B) Recommendations.--Not later than 1 year after 
     receiving the proposed list and restrictions, and recommended 
     restrictions on all other pesticides from the Board, the 
     Administrator shall--
       ``(i) publish the proposed list and restrictions and all 
     other proposed pesticide restrictions in the Federal Register 
     and seek public comment on the proposed proposals; and
       ``(ii) after evaluating all comments received concerning 
     the proposed list and restrictions, but not later than 1 year 
     after the close of the period during which public comments 
     are accepted, publish the final list and restrictions in the 
     Federal Register, together with a discussion of comments 
     received.
       ``(C) Findings.--Not later than 2 years after publication 
     of the final list and restrictions, the Administrator shall 
     make a determination and issue findings on whether use of 
     registered pesticides in school buildings and on school 
     grounds may endanger the health of children.
       ``(D) Notice and comment.--
       ``(i) In general.--Prior to establishing or making 
     amendments to the list, the Administrator shall publish the 
     proposed list or any proposed amendments to the list in the 
     Federal Register and seek public comment on the proposals.
       ``(ii) Recommendations.--The Administrator shall include in 
     any publication described in clause (i) any changes or 
     amendments to the proposed list that are recommended to and 
     by the Administrator.
       ``(E) Publication of list.--After evaluating all comments 
     received concerning the proposed list or proposed amendments 
     to the list, the Administrator shall publish the final list 
     in the Federal Register, together with a description of 
     comments received.
       ``(e) Office of Pesticide Programs.--

[[Page 7621]]

       ``(1) Establishment.--The Administrator shall appoint an 
     official for school pest management within the Office of 
     Pesticide Programs of the Environmental Protection Agency to 
     coordinate the development and implementation of integrated 
     pest management systems in schools.
       ``(2) Duties.--The official shall--
       ``(A) coordinate the development of school integrated pest 
     management systems and policies;
       ``(B) consult with schools concerning--
       ``(i) issues related to the integrated pest management 
     systems of schools;
       ``(ii) the use of least toxic pesticides; and
       ``(iii) the registration of pesticides, and amendments to 
     the registrations, as the registrations and amendments relate 
     to the use of integrated pest management systems in schools; 
     and
       ``(C) support and provide technical assistance to the 
     Board.
       ``(f) Contact Person.--
       ``(1) In general.--Each local educational agency of a 
     school district shall designate a contact person for carrying 
     out an integrated pest management system in schools in the 
     school district.
       ``(2) Duties.--The contact person of a school district 
     shall--
       ``(A) maintain information about pesticide applications 
     inside and outside schools within the school district, in 
     school buildings, and on school grounds;
       ``(B) act as a contact for inquiries about the integrated 
     pest management system;
       ``(C) maintain material safety data sheets and labels for 
     all pesticides that may be used in the school district;
       ``(D) be informed of Federal and State chemical health and 
     safety information and contact information;
       ``(E) maintain scheduling of all pesticide usage for 
     schools in the school district;
       ``(F) maintain contact with Federal and State integrated 
     pest management system experts; and
       ``(G) obtain periodic updates and training from State 
     integrated pest management system experts.
       ``(3) Pesticide use data.--A local educational agency of a 
     school district shall--
       ``(A) maintain all pesticide use data for each school in 
     the school district; and
       ``(B) on request, make the data available to the public for 
     review.
       ``(g) Notice of Integrated Pest Management System.--
       ``(1) In general.--At the beginning of each school year, 
     each local educational agency or school of a school district 
     shall include a notice of the integrated pest management 
     system of the school district in school calendars or other 
     forms of universal notification.
       ``(2) Contents.--The notice shall include a description 
     of--
       ``(A) the integrated pest management system of the school 
     district;
       ``(B) any pesticide (including any least toxic pesticide) 
     or bait station that may be used in a school building or on 
     school grounds as part of the integrated pest management 
     system;
       ``(C) the name, address, and telephone number of the 
     contact person of the school district;
       ``(D) a statement that--
       ``(i) the contact person maintains the product label and 
     material safety data sheet of each pesticide (including each 
     least toxic pesticide) and bait station that may be used by a 
     school in buildings or on school grounds;
       ``(ii) the label and data sheet is available for review by 
     a parent, guardian, staff member, or student attending the 
     school; and
       ``(iii) the contact person is available to parents, 
     guardians, and staff members for information and comment; and
       ``(E) the time and place of any meetings that will be held 
     under subsection (g)(1).
       ``(3) Use of pesticides.--A local educational agency or 
     school may use a pesticide during a school year only if the 
     use of the pesticide has been disclosed in the notice 
     required under paragraph (1) at the beginning of the school 
     year.
       ``(4) New employees and students.--After the beginning of 
     each school year, a local educational agency or school of a 
     school district shall provide the notice required under this 
     subsection to--
       ``(A) each new staff member who is employed during the 
     school year; and
       ``(B) the parent or guardian of each new student enrolled 
     during the school year.
       ``(h) Use of Pesticides.--
       ``(1) In general.--If a local educational agency or school 
     determines that a pest in the school or on school grounds 
     cannot be controlled after having used the integrated pest 
     management system of the school or school district and least 
     toxic pesticides, the school may use a pesticide (other than 
     space spraying of the pesticide) to control the pest in 
     accordance with this subsection.
       ``(2) Prior notification of parents, guardians, and staff 
     members.--
       ``(A) In general.--Subject to paragraphs (4) and (5), not 
     less than 72 hours before a pesticide (other than a least 
     toxic pesticide) is used by a school, the school shall 
     provide to a parent or guardian of each student enrolled at 
     the school and each staff member of the school, notice that 
     includes--
       ``(i) the common name, trade name, and Environmental 
     Protection Agency registration number of the pesticide;
       ``(ii) a description of the location of the application of 
     the pesticide;
       ``(iii) a description of the date and time of application, 
     except that, in the case of outdoor pesticide applications, 1 
     notice shall include 3 dates, in chronological order, that 
     the outdoor pesticide applications may take place if the 
     preceding date is canceled;
       ``(iv) a statement that `The Office of Pesticide Programs 
     of the United States Environmental Protection Agency has 
     stated: `Where possible, persons who potentially are 
     sensitive, such as pregnant women and infants (less than 2 
     years old), should avoid any unnecessary pesticide 
     exposure.';
       ``(v) a description of potential adverse effects of the 
     pesticide based on the material safety data sheet of the 
     pesticide;
       ``(vi) a description of the reasons for the application of 
     the pesticide;
       ``(vii) the name and telephone number of the contact person 
     of the school district; and
       ``(viii) any additional warning information related to the 
     pesticide.
       ``(B) Method of notification.--The school may provide the 
     notice required by subparagraph (A) by--
       ``(i) written notice sent home with the student and 
     provided to the staff member;
       ``(ii) a telephone call;
       ``(iii) direct contact; or
       ``(iv) written notice mailed at least 1 week before the 
     application.
       ``(C) Reissuance.--If the date of the application of the 
     pesticide needs to be extended beyond the period required for 
     notice under this paragraph, the school shall reissue the 
     notice under this paragraph for the new date of application.
       ``(3) Posting of signs.--
       ``(A) In general.--Subject to paragraphs (4) and (5), at 
     least 72 hours before a pesticide (other than a least toxic 
     pesticide) is used by a school, the school shall post a sign 
     that provides notice of the application of the pesticide--
       ``(i) in a prominent place that is in or adjacent to the 
     location to be treated; and
       ``(ii) at each entrance to the buildings or school grounds 
     to be treated.
       ``(B) Administration.--A sign required under subparagraph 
     (A) for the application of a pesticide shall--
       ``(i) remain posted for at least 72 hours after the end of 
     the treatment;
       ``(ii) be at least 8\1/2\ inches by 11 inches; and
       ``(iii) state the same information as that required for 
     prior notification of the application under paragraph (2).
       ``(C) Outdoor pesticide applications.--
       ``(i) In general.--In the case of outdoor pesticide 
     applications, each sign shall include 3 dates, in 
     chronological order, that the outdoor pesticide application 
     may take place if the preceding date is canceled due to 
     weather.
       ``(ii) Duration of posting.--A sign described in clause (i) 
     shall be posted after an outdoor pesticide application in 
     accordance with subparagraph (B).
       ``(4) Administration.--
       ``(A) Applicators.--Paragraphs (2) and (3) shall apply to 
     any person that applies a pesticide in a school or on school 
     grounds, including a custodian, staff member, or commercial 
     applicator.
       ``(B) Time of year.--Paragraphs (2) and (3) shall apply to 
     a school--
       ``(i) during the school year; and
       ``(ii) during holidays and the summer months, if the school 
     is in use, with notice provided to all staff members and the 
     parents or guardians of the students that are using the 
     school in an authorized manner.
       ``(5) Emergencies.--
       ``(A) In general.--A school may apply a pesticide (other 
     than a least toxic pesticide) in the school or on school 
     grounds without complying with paragraphs (2) and (3) in an 
     emergency, subject to subparagraph (B).
       ``(B) Subsequent notification of parents, guardians, and 
     staff members.--Not later than the earlier of the time that 
     is 24 hours after a school applies a pesticide under this 
     paragraph or on the morning of the next school day, the 
     school shall provide to each parent or guardian of a student 
     enrolled at the school, and staff member of the school, 
     notice of the application of the pesticide for emergency pest 
     control that includes--
       ``(i) the information required for a notice under paragraph 
     (2)(A);
       ``(ii) a description of the problem and the factors that 
     qualified the problem as an emergency that threatened the 
     health or safety of a student or staff member; and
       ``(iii) a description of the steps the school will take in 
     the future to avoid emergency application of a pesticide 
     under this paragraph.
       ``(C) Method of notification.--The school may provide the 
     notice required by subparagraph (B) by--
       ``(i) written notice sent home with the student and 
     provided to the staff member;
       ``(ii) a telephone call; or
       ``(iii) direct contact.
       ``(D) Posting of signs.--A school applying a pesticide 
     under this paragraph shall post a sign warning of the 
     pesticide application in accordance with paragraph (3).
       ``(E) Modification of integrated pest management plans.--If 
     a school in a school

[[Page 7622]]

     district applies a pesticide under this paragraph, the local 
     educational agency of the school district shall modify the 
     integrated pest management plan of the school district to 
     minimize the future applications of pesticides under this 
     paragraph.
       ``(6) Drift of pesticides onto school grounds.--Each local 
     educational agency, State pesticide lead agency, and the 
     Administrator are encouraged to--
       ``(A) identify sources of pesticides that drift from 
     treated land to school grounds of the educational agency; and
       ``(B) take steps necessary to create an indoor and outdoor 
     school environment that are protected from pesticides 
     described in subparagraph (A).
       ``(i) Meetings.--
       ``(1) In general.--Before the beginning of a school year, 
     at the beginning of each new calendar year, and at a 
     regularly scheduled meeting of a school board, each local 
     educational agency shall provide an opportunity for the 
     contact person designated under subsection (d) to receive and 
     address public comments regarding the integrated pest 
     management system of the school district.
       ``(2) Emergency meetings.--An emergency meeting of a school 
     board to address a pesticide application may be called under 
     locally appropriate procedures for convening emergency 
     meetings.
       ``(j) Investigations and Orders.--
       ``(1) In general.--Not later than 60 days after receiving a 
     complaint of a violation of this section, the Administrator 
     shall--
       ``(A) conduct an investigation of the complaint;
       ``(B) determine whether it is reasonable to believe the 
     complaint has merit; and
       ``(C) notify the complainant and the person alleged to have 
     committed the violation of the findings of the Administrator.
       ``(2) Preliminary order.--If the Administrator determines 
     it is reasonable to believe a violation occurred, the 
     Administrator shall issue a preliminary order (that includes 
     findings) to impose the penalty described in subsection (j).
       ``(3) Objections to preliminary order.--
       ``(A) In general.--Not later than 30 days after the 
     preliminary order is issued under paragraph (2), the 
     complainant and the person alleged to have committed the 
     violation may--
       ``(i) file objections to the preliminary order (including 
     findings); and
       ``(ii) request a hearing on the record.
       ``(B) Final order.--If a hearing is not requested within 30 
     days after the preliminary order is issued, the preliminary 
     order shall be final and not subject to judicial review.
       ``(4) Hearing.--A hearing under this subsection shall be 
     conducted expeditiously.
       ``(5) Final order.--Not later than 120 days after the end 
     of the hearing, the Administrator shall issue a final order.
       ``(6) Settlement agreement.--Before the final order is 
     issued, the proceeding may be terminated by a settlement 
     agreement, which shall remain open, entered into by the 
     Administrator, the complainant, and the person alleged to 
     have committed the violation.
       ``(7) Costs.--
       ``(A) In general.--If the Administrator issues a final 
     order against a school or school district for violation of 
     this section and the complainant requests, the Administrator 
     may assess against the person against whom the order is 
     issued the costs (including attorney's fees) reasonably 
     incurred by the complainant in bringing the complaint.
       ``(B) Amount.--The Administrator shall determine the amount 
     of the costs that were reasonably incurred by the 
     complainant.
       ``(8) Judicial review and venue.--
       ``(A) In general.--A person adversely affected by an order 
     issued after a hearing under this subsection may file a 
     petition for review not later than 60 days after the date 
     that the order is issued, in a district court of the United 
     States or other United States court for any district in which 
     a local educational agency or school is found, resides, or 
     transacts business.
       ``(B) Timing.--The review shall be heard and decided 
     expeditiously.
       ``(C) Collateral review.--An order of the Administrator 
     subject to review under this paragraph shall not be subject 
     to judicial review in a criminal or other civil proceeding.
       ``(k) Civil Penalty.--
       ``(1) In general.--Any local educational agency, school, or 
     person that violates this section may be assessed a civil 
     penalty by the Administrator under subsections (h) and (i), 
     respectively, of not more than $10,000 for each offense.
       ``(2) Transfer to trust fund.--Except as provided in 
     subsection (i)(4)(B), civil penalties collected under 
     paragraph (1) shall be deposited in the Fund.
       ``(l) Integrated Pest Management Trust Fund.--
       ``(1) Establishment.--There is established in the Treasury 
     of the United States a trust fund to be known as the 
     `Integrated Pest Management Trust Fund', consisting of--
       ``(A) amounts deposited in the Fund under subsection 
     (j)(2);
       ``(B) amounts transferred to the Secretary of the Treasury 
     for deposit into the Fund under paragraph (5); and
       ``(C) any interest earned on investment of amounts in the 
     Fund under paragraph (3).
       ``(2) Expenditures from fund.--
       ``(A) In general.--Subject to subparagraph (B), on request 
     by the Administrator, the Secretary of the Treasury shall 
     transfer from the Fund to the Administrator, without further 
     appropriation, such amounts as the Secretary determines are 
     necessary to provide funds to each State educational agency 
     of a State, in proportion to the amount of civil penalties 
     collected in the State under subsection (j)(1), to carry out 
     education, training, propagation, and development activities 
     under integrated pest management systems of schools in the 
     State to remedy the harmful effects of actions taken by the 
     persons that paid the civil penalties.
       ``(B) Administrative expenses.--An amount not to exceed 6 
     percent of the amounts in the Fund shall be available for 
     each fiscal year to pay the administrative expenses necessary 
     to carry out this subsection.
       ``(3) Investment of amounts.--
       ``(A) In general.--The Secretary of the Treasury shall 
     invest such portion of the Fund as is not, in the judgment of 
     the Secretary of the Treasury, required to meet current 
     withdrawals. Investments may be made only in interest-bearing 
     obligations of the United States.
       ``(B) Acquisition of obligations.--For the purpose of 
     investments under subparagraph (A), obligations may be 
     acquired--
       ``(i) on original issue at the issue price; or
       ``(ii) by purchase of outstanding obligations at the market 
     price.
       ``(C) Sale of obligations.--Any obligation acquired by the 
     Fund may be sold by the Secretary of the Treasury at the 
     market price.
       ``(D) Credits to fund.--The interest on, and the proceeds 
     from the sale or redemption of, any obligations held in the 
     Fund shall be credited to and form a part of the Fund.
       ``(4) Transfers of amounts.--
       ``(A) In general.--The amounts required to be transferred 
     to the Fund under this subsection shall be transferred at 
     least monthly from the general fund of the Treasury to the 
     Fund on the basis of estimates made by the Secretary of the 
     Treasury.
       ``(B) Adjustments.--Proper adjustment shall be made in 
     amounts subsequently transferred to the extent prior 
     estimates were in excess of or less than the amounts required 
     to be transferred.
       ``(5) Acceptance and use of donations.--The Secretary may 
     accept and use donations to carry out paragraph (2)(A). 
     Amounts received by the Secretary in the form of donations 
     shall be transferred to the Secretary of the Treasury for 
     deposit into the Fund.
       ``(m) Employee Protection.--
       ``(1) In general.--No local educational agency, school, or 
     person may harass, prosecute, hold liable, or discriminate 
     against any employee or other person because the employee or 
     other person--
       ``(A) is assisting or demonstrating an intent to assist in 
     achieving compliance with this section (including any 
     regulation);
       ``(B) is refusing to violate or assist in the violation of 
     this section (including any regulation); or
       ``(C) has commenced, caused to be commenced, or is about to 
     commence a proceeding, has testified or is about to testify 
     at a proceeding, or has assisted or participated or is about 
     to participate in any manner in such a proceeding or in any 
     other action to carry out this section.
       ``(2) Complaints.--Not later than 1 year after an alleged 
     violation occurred, an employee or other person alleging a 
     violation of this section, or another person at the request 
     of the employee, may file a complaint with the Administrator.
       ``(3) Remedial action.--If the Administrator decides, on 
     the basis of a complaint, that a local educational agency, 
     school, or person violated paragraph (1), the Administrator 
     shall order the local educational agency, school, or person 
     to--
       ``(A) take affirmative action to abate the violation;
       ``(B reinstate the complainant to the former position with 
     the same pay and terms and privileges of employment; and
       ``(C) pay compensatory damages, including back pay.
       ``(n) Grants.--
       ``(1) In general.--The Administrator, in consultation with 
     the Secretary of Education, shall provide grants to local 
     educational agencies to develop and implement integrated pest 
     management systems in schools in the school district of the 
     local educational agencies.
       ``(2) Amount.--The amount of a grant provided to a local 
     educational agency of a school district under paragraph (1) 
     shall be based on the ratio that the number of students 
     enrolled in schools in the school district bears to the total 
     number of students enrolled in schools in all school 
     districts in the United States.
       ``(o) Relationship to State and Local Requirements.--This 
     section (including regulations promulgated under this 
     section) shall not preempt requirements imposed on local 
     educational agencies and schools related to the use of 
     integrated pest management by State or local law (including 
     regulations) that are more stringent than the requirements 
     imposed under this section.
       ``(p) Regulations.--Subject to subsection (m), the 
     Administrator shall promulgate

[[Page 7623]]

     such regulations as are necessary to carry out this section.
       ``(q) Restriction on Pesticide Use.--Not later than 6 years 
     after the date of enactment of this section, no pesticide, 
     other than a pesticide that is defined as a least toxic 
     pesticide under this subsection, shall be used in a school or 
     on school grounds unless the Administrator has met the 
     deadlines and requirements of this section.
       ``(r) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section 
     $7,000,000 for each of fiscal years 2002 through 2006.''.
       (c) Conforming Amendment.--The table of contents in section 
     1(b) of the Federal Insecticide, Fungicide, and Rodenticide 
     Act (7 U.S.C. prec. 121) is amended by striking the items 
     relating to sections 30 through 32 and inserting the 
     following:

``Sec. 30. Minimum requirements for training of maintenance applicators 
              and service technicians.
``Sec. 31. Environmental Protection Agency minor use program.
``Sec. 32. Department of Agriculture minor use program.

       ``(a) In general.
       ``(b)(1) Minor use pesticide data.
       ``(2) Minor Use Pesticide Data Revolving Fund.
       ``Sec. 33. Integrated pest management systems for schools.
       ``(a) Definitions.
       ``(1) Board.
       ``(2) Contact person.
       ``(3) Crack and crevice treatment.
       ``(4) Emergency.
       ``(5) Fund.
       ``(6) Integrated pest management system.
       ``(7) Least toxic pesticides.
       ``(8) List.
       ``(9) Local educational agency.
       ``(10) Official.
       ``(11) Person.
       ``(12) Pesticide.
       ``(13) School.
       ``(14) School grounds.
       ``(15) Space spraying.
       ``(16) Staff member.
       ``(17) State educational agency.
       ``(18) Universal notification.
       ``(b) Integrated pest management systems.
       ``(1) In general.
       ``(2) Implementation.
       ``(3) State programs.
       ``(4) Application to schools and school grounds.
       ``(5) Application of pesticides when schools in use.
  

       ``(c) National School Integrated Pest Management Advisory 
     Board.
       ``(1) In general.
       ``(2) Composition of Board.
       ``(3) Appointment.
       ``(4) Term.
       ``(5) Meetings.
       ``(6) Compensation.
       ``(7) Chairperson.
       ``(8) Quorum.
       ``(9) Decisive votes.
       ``(10) Administration.
       ``(11) Responsibilities of the Board.
       ``(12) Requirements.
       ``(13) Petitions.
       ``(14) Periodic review.
       ``(15) Confidentiality.
  

       ``(d) List of least toxic pesticides.
       ``(1) In general.
       ``(2) Procedure for evaluating pesticide use.
       ``(e) Office of Pesticide Programs.
       ``(1) Establishment.
       ``(2) Duties.
       ``(f) Contact person.
       ``(1) In general.
       ``(2) Duties.
       ``(3) Pesticide use data.
       ``(g) Notice of integrated pest management system.
  

       ``(1) In general.
       ``(2) Contents.
       ``(3) Use of pesticides.
       ``(4) New employees and students.
       ``(h) Use of pesticides.
       ``(1) In general.
       ``(2) Prior notification of parents, guardians, and staff 
     members.
       ``(3) Posting of signs.
       ``(4) Administration.
       ``(5) Emergencies.
       ``(6) Drift of pesticides onto school grounds.
       ``(i) Meetings.
       ``(1) In general.
  

       ``(2) Emergency meetings.
       ``(j) Investigations and orders.
       ``(1) In general.
       ``(2) Preliminary order.
       ``(3) Objections to preliminary order.
       ``(4) Hearing.
       ``(5) Final order.
       ``(6) Settlement agreement.
       ``(7) Costs.
       ``(8) Judicial review and venue.
  

       ``(k) Civil penalty.
       ``(1) In general.
       ``(2) Transfer to Trust Fund.
       ``(l) Integrated Pest Management Trust Fund.
       ``(1) Establishment.
       ``(2) Expenditures from Fund.
       ``(3) Investment of amounts.
       ``(4) Transfers of amounts.
       ``(5) Acceptance and use of donations.
       ``(m) Employee protection.
       ``(1) In general.
       ``(2) Complaints.
       ``(3) Remedial action.
       ``(n) Grants.
       ``(1) In general.
       ``(2) Amount.
       ``(o) Relationship to State and local requirements.
       ``(p) Regulations.
       ``(q) Restriction on pesticide use.
       ``(r) Authorization of appropriations.
``Sec. 34. Severability.
``Sec. 35. Authorization of appropriations.''.
       (d) Effective Date.--This section and the amendments made 
     by this section take effect on October 1, 2001.
                                  ____

  SA 440. Mr. CAMPBELL (for himself, Mr. Grassley, Mr. Akaka, and Mr. 
Inouye) 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:
       ``(16) 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

[[Page 7624]]

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

  SA 441. Mr. LUGAR (for himself and Mr. Bingaman) 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 34, line 8, strike ``$250,000,000'' and insert 
     ``$500,000,000''.
       On page 86, line 22, insert before the semicolon the 
     following: ``and may include a strategy for the 
     implementation of a comprehensive school reform model that 
     meets each of the components described in section 1706(a)''.
       On page 96, line 15, after ``curriculum'' insert ``, or a 
     comprehensive school reform model that meets each of the 
     components described in section 1706(a)''.
       On page 99, between lines 22 and 23, insert the following:
       ``(vi) Implementing a comprehensive school reform model 
     that meets each of the components described in section 
     1706(a) and that shall, at a minimum, have been found, 
     through rigorous field experiments in multiple sites, to 
     significantly improve the academic performance of students 
     participating in such activity or program as compared to 
     similar students in similar schools, who have not 
     participated in such activity or program.
       On page 258, line 22, strike ``and''.
       On page 258, line 25, strike the period and insert ``; 
     and''.
       On page 258, after line 25, add the following:
       ``(iii) 3 percent to promote quality initiatives described 
     in section 1708.''.
       On page 260, strike lines 5 through 9, and insert the 
     following:
       ``(2) how the State educational agency will ensure that 
     funds under this part are limited to comprehensive school 
     reform programs that--
       ``(A) include each of the components described in section 
     1706(a);
       ``(B) have the capacity to improve the academic achievement 
     of all students in core academic subjects within 
     participating schools; and
       ``(C) are supported by technical assistance providers that 
     have a successful track record, financial stability and the 
     capacity to deliver high quality materials, professional 
     development for school personnel and on-site support during 
     the full implementation period of the reforms.''.
       On page 260, line 15, insert ``annually'' before 
     ``evaluate''.
       On page 261, line 7, insert before the period the 
     following: ``to support comprehensive school reforms in 
     schools that are eligible for funds under part A''.
       On page 261, line 11, strike ``for the particular'' and 
     insert ``of''.
       On page 261, line 12, strike ``reform plan'' and insert 
     ``reforms''.
       On page 261, line 22, strike ``shall'' and all through 
     ``that'' on line 23.
       On page 261, line 24, insert after ``(1)'' the following: 
     ``may give priority to local educational agencies or 
     consortia that''.
       On page 262, line 1, insert after ``(2)'' the following: 
     ``shall give priority to local educational agencies or 
     consortia that''.
       On page 263, line 1, strike ``and''.
       On page 263, line 2, strike ``reform model selected and 
     used'' and insert ``reforms selected and used, and a copy of 
     the State's annual evaluation of the implementation of 
     comprehensive school reforms supported under this part and 
     the student results achieved''.
       On page 263, strike lines 15 through 17, and insert the 
     following:
       ``(2) describe the comprehensive school reforms based on 
     scientifically-based research and effective practices that 
     such schools will implement;''.
       On page 264, line 1, insert ``comprehensive'' after 
     ``such''.
       On page 264, line 10, strike ``innovative'' and insert 
     ``proven''.
       On page 264, line 14, strike ``schools with diverse 
     characteristics'' and insert ``schools''.
       On page 265, line 17, insert ``annually'' after ``(8)''.
       On page 265, line 18, strike ``and''.
       On page 265, line 22, strike ``school reform effort.'' and 
     insert ``comprehensive school reform effort; and''.
       On page 265, between lines 22 and 23, insert the following:
       ``(10) has been found, through rigorous field experiments 
     in multiple sites, to significantly improve the academic 
     performance of students participating in such activity or 
     program as compared to similar students in similar schools, 
     who have not participated in such activity or program, or 
     which has been found to have strong evidence that such model 
     will significantly improve the performance of participating 
     children.''.
       On page 265, line 25 strike ``the approaches identified'' 
     and all that follows through ``Secretary'' on line 1 of page 
     266, and insert ``nationally available''.
       On page 266, line 2, strike ``programs'' and insert 
     ``program''.
       On page 266, after line 23, add the following:

     ``SEC. 1708. QUALITY INITIATIVES.

       ``The Secretary, through grants or contracts, shall 
     promote--
       ``(1) a public-private effort, in which funds are matched 
     by the private sector, to assist States, local educational 
     agencies, and schools, in making informed decisions upon 
     approving or selecting providers of comprehensive school 
     reform, consistent with the requirements described in section 
     1706(a); and
       ``(2) activities to foster the development of comprehensive 
     school reform models and to provide effective capacity 
     building for comprehensive school reform providers to expand 
     their work in more schools, assure quality, and promote 
     financial stability.
                                  ____

  SA 442. Mr. CRAPO 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 787, between lines 14 and 15, insert the following:
       (c) Special Rule Relating to the Computation of Payments 
     for Eligible Federally Connected Children.--Section 8003(a) 
     (20 U.S.C. 7703(a)) is amended--
       (1) by striking paragraph (3); and
       (2) by redesignating paragraph (4) as paragraph (3).
                                  ____

  SA 443. Mr. VOINOVICH (for himself, Mrs. Feinstein, Mr. Cochran, Mr. 
Baucus, Ms. Landrieu, and Mrs. Murray) 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. __. LOAN FORGIVENESS FOR HEAD START TEACHERS.

       (a) Short Title.--This section may be cited as the ``Loan 
     Forgiveness for Head Start Teachers Act of 2001''.
       (b) Head Start Teachers.--Section 428J of the Higher 
     Education Act of 1965 (20 U.S.C 1078-10) is amended--
       (1) in subsection (b), by amending paragraph (1) to read as 
     follows:
       ``(1)(A) has been employed--
       ``(i) as a full-time teacher for 5 consecutive complete 
     school years in a school that qualifies under section 
     465(a)(2)(A) for loan cancellation for Perkins loan 
     recipients who teach in such a school; or
       ``(ii) as a Head Start teacher for 5 consecutive complete 
     program years under the Head Start Act; and
       ``(B)(i) if employed as a secondary school teacher, is 
     teaching a subject area that is relevant to the borrower's 
     academic major as certified by the chief administrative 
     officer of the public or nonprofit private secondary school 
     in which the borrower is employed;
       ``(ii) if employed as an elementary school teacher, has 
     demonstrated, as certified by the chief administrative 
     officer of the public or nonprofit private elementary school 
     in which the borrower is employed, knowledge and teaching 
     skills in reading, writing, mathematics, and other areas of 
     the elementary school curriculum; and
       ``(iii) if employed as a Head Start teacher, has 
     demonstrated knowledge and teaching skills in reading, 
     writing, early childhood development, and other areas of a 
     preschool curriculum, with a focus on cognitive learning; 
     and'';
       (2) in subsection (g), by adding at the end the following:
       ``(3) Head start.--An individual shall be eligible for loan 
     forgiveness under this section for service described in 
     clause (ii) of subsection (b)(1)(A) only if such individual 
     received a baccalaureate or graduate degree on or after the 
     date of enactment of the Loan Forgiveness for Head Start 
     Teachers Act of 2001.''; and

[[Page 7625]]

       (3) by adding at the end the following:
       ``(i) Authorization of Appropriations.--There are 
     authorized to be appropriated such sums as may be necessary 
     for fiscal year 2007 and succeeding fiscal years to carry out 
     loan repayment under this section for service described in 
     clause (ii) of subsection (b)(1)(A).''.
       (c) Conforming Amendments.--Section 428J of such Act (20 
     U.S.C. 1078-10) is amended--
       (1) in subsection (c)(1), by inserting ``or fifth complete 
     program year'' after ``fifth complete school year of 
     teaching'';
       (2) in subsection (f), by striking ``subsection (b)'' and 
     inserting ``subsection (b)(1)(A)(i)'';
       (3) in subsection (g)(1)(A), by striking ``subsection 
     (b)(1)(A)'' and inserting ``subsection (b)(1)(A)(i)''; and
       (4) in subsection (h), by inserting ``except as part of the 
     term `program year','' before ``where''.
       (d) Direct Student Loan Forgiveness.--
       (1) In general.--Section 460 of the Higher Education Act of 
     1965 (20 U.S.C 1087j) is amended--
       (A) in subsection (b)(1), by amending subparagraph (A) to 
     read as follows:
       ``(A)(i) has been employed--
       ``(I) as a full-time teacher for 5 consecutive complete 
     school years in a school that qualifies under section 
     465(a)(2)(A) for loan cancellation for Perkins loan 
     recipients who teach in such a school; or
       ``(II) as a Head Start teacher for 5 consecutive complete 
     program years under the Head Start Act; and
       ``(ii)(I) if employed as a secondary school teacher, is 
     teaching a subject area that is relevant to the borrower's 
     academic major as certified by the chief administrative 
     officer of the public or nonprofit private secondary school 
     in which the borrower is employed;
       ``(II) if employed as an elementary school teacher, has 
     demonstrated, as certified by the chief administrative 
     officer of the public or nonprofit private elementary school 
     in which the borrower is employed, knowledge and teaching 
     skills in reading, writing, mathematics, and other areas of 
     the elementary school curriculum; and
       ``(III) if employed as a Head Start teacher, has 
     demonstrated knowledge and teaching skills in reading, 
     writing, early childhood development, and other areas of a 
     preschool curriculum, with a focus on cognitive learning; 
     and'';
       (B) in subsection (g), by adding at the end the following:
       ``(3) Head start.--An individual shall be eligible for loan 
     forgiveness under this section for service described in 
     subclause (II) of subsection (b)(1)(A)(i) only if such 
     individual received a baccalaureate or graduate degree on or 
     after the date of enactment of the Loan Forgiveness for Head 
     Start Teachers Act of 2001.''; and
       (C) by adding at the end the following:
       ``(i) Authorization of Appropriations.--There are 
     authorized to be appropriated such sums as may be necessary 
     for fiscal year 2007 and succeeding fiscal years to carry out 
     loan repayment under this section for service described in 
     subclause (II) of subsection (b)(1)(A)(i).''.
       (2) Conforming amendments.--Section 460 of such Act (20 
     U.S.C. 1087j) is amended--
       (A) in subsection (c)(1), by inserting ``or fifth complete 
     program year'' after ``fifth complete school year of 
     teaching'';
       (B) in subsection (f), by striking ``subsection (b)'' and 
     inserting ``subsection (b)(1)(A)(i)(I)'';
       (C) in subsection (g)(1)(A), by striking ``subsection 
     (b)(1)(A)'' and inserting ``subsection (b)(1)(A)(i)(I)''; and
       (D) in subsection (h), by inserting ``except as part of the 
     term `program year','' before ``where''.
                                  ____

  SA 444. Mr. DeWINE 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 13, line 12, insert ``therapists,'' before ``and 
     other''.
       On page 568, line 19, insert ``therapists,'' before 
     ``nurses''.
                                  ____

  SA 445. Mr. DeWINE 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 514, line 21, insert ``, such as mentoring 
     programs'' before the semicolon.
       On page 516, line 15, insert ``mentoring providers,'' after 
     ``providers,''.
       On page 517, line 5, insert ``and mentoring programs'' 
     before the semicolon.
       On page 537, line 10, insert ``, mentoring'' after 
     ``services''.
       On page 550, line 15, insert ``mentoring,'' after 
     ``mediation,''.
                                  ____

  SA 446. Mr. DeWINE 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 504, between lines 5 and 6, insert the following:
       ``(3) The chronic level of violence among the Nation's 
     youth of all ages, including elementary and secondary school 
     students, constitutes a serious threat to such students' 
     educational achievement, mental and physical well-being, and 
     quality of life. For example, studies confirm that students 
     have great difficulty learning in schools that are not safe 
     and that the percentage of students in grades 9 through 12 
     who were threatened or injured with a weapon on school 
     property has remained constant in recent years.
       On page 514, line 10, insert ``, suspended and expelled 
     students,'' after ``dropouts''.
       On page 524, line 7, insert before the semicolon the 
     following: ``including administrative incident reports, 
     anonymous surveys of students or teachers, and focus 
     groups''.
       On page 535, line 21, strike ``violence problem'' and 
     insert ``and violence problems''.
       On page 537, line 15, by inserting ``and violence'' after 
     ``use,''.
       On page 538, line 22, strike ``and peer mediation'' and 
     insert ``, peer mediation, and anger management''.
       On page 539, between lines 17 and 18, insert the following:
       ``(6) administrative approaches to promote school safety, 
     including professional development for principals and 
     administrators to promote effectiveness and innovation, 
     implementing a school disciplinary code, and effective 
     communication of the school disciplinary code to both 
     students and parents at the beginning of the school year;''.
       On page 545, line 9, insert ``, that is subject to 
     independent review,'' after ``data''.
       On page 545, lines 10 and 11, strike ``social disapproval 
     of''.
       On page 545, line 12, after the period add the following: 
     ``The collected data shall include incident reports by 
     schools officials, anonymous student surveys, and anonymous 
     teacher surveys.''.
       On page 549, between lines 18 and 19, insert the following:
       ``(4) the provision of information on violence prevention 
     and education and school safety to the Department of Justice, 
     for dissemination by the National Resource Center for Safe 
     Schools as a national clearinghouse on violence and school 
     safety information;''.
       On page 550, line 14, insert ``administrative approaches, 
     security services, anger management,'' after ``include''.
       On page 553, line 2, insert ``to'' after ``research''.
       On page 553, after line 24, add the following:
       ``(J) Researchers and expert practitioners.
       On page 557, line 6, strike ``or dispute resolution'' and 
     insert ``, dispute resolution, or anger management''.
                                  ____

  SA 447. Mr. ROCKEFELLER 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:

       Beginning on page 366, strike line 25 and all that follows 
     through page 368, line 7, and insert the following:
       ``(a) Grants to States.--
       ``(1) In general.--From amounts made available under 
     section 2303, the Secretary, through the Office of 
     Educational Technology, shall award grants to State 
     educational agencies having applications approved under 
     section 2305.
       ``(2) Use of grants.--
       ``(A) Allocation to local educational agencies.--Each State 
     educational agency receiving a grant under paragraph (1) 
     shall allocate such funds not reserved under section 2310(b) 
     to make subgrants to local educational agencies to enable 
     such local educational agencies to carry out the activities 
     described in section 2306.
       ``(B) Determination of allocations.--From the amount made 
     available under subparagraph (A), the State shall allocate to 
     each of the eligible local educational agencies the sum of--
       ``(i) an amount that bears the same relationship to 25 
     percent of the total amount as the number of individuals age 
     5 through 17 in the geographic area served by the agency, as 
     determined by the Secretary on the basis of the most recent 
     satisfactory data, bears to the number of those individuals 
     in the geographic areas served by all the local educational 
     agencies in the State, as so determined; and
       ``(ii) an amount that bears the same relationship to 75 
     percent of the total amount as the number of individuals age 
     5 through 17 from families with incomes below the poverty 
     line, in the geographic area served by the agency, as 
     determined by the Secretary on the basis of the most recent 
     satisfactory data, bears to the number of those individuals 
     in the geographic areas served by all the local educational 
     agencies in the State, as so determined.

     Each State educational agency receiving a grant under 
     paragraph (1) shall allocate such

[[Page 7626]]

     funds not reserved under section 2310(b) to make subgrants to 
     local educational agencies to enable such local educational 
     agencies to carry out the activities described in section 
     2306.
       On page 369, line 6, insert ``and'' after the semicolon.
       On page 369, line 13, strike ``; and'' and insert a period.
       On page 369, strike lines 14 through 22.
       On page 371, strike lines 5 through 7 and insert the 
     following:
       ``(a) Application.--To be eligible to receive a grant under 
     this part from a State educational agency, a local 
     educational agency shall submit an application, consistent
       On page 375, strike line 11 and insert the following:
       ``(c) Sanction.--If after 3 years, and after receiving 
     technical assistance under subsection (d), the local edu-''.
                                  ____

  SA 448. Mrs. CARNAHAN 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 319, line 4, insert ``, including teaching 
     specialists in core academic subjects'' after ``principals''.
       On page 326, line 1, insert ``, including strategies to 
     implement a year-round school schedule that will allow the 
     local educational agency to increase pay for veteran teachers 
     after ``performance''.
       On page 327, line 2, insert ``as well as teaching 
     specialists in core academic subjects who will provide 
     increased individualized instruction to students served by 
     the local educational agency participating in the eligible 
     partnership'' after ``qualified''.
       On page 517, line 18, strike ``and''.
       On page 517, line 20, strike the period and insert ``; 
     and''.
       On page 517, between lines 20 and 21, insert the following:
       ``(I) alternative programs for the education and discipline 
     of chronically violent and disruptive students as it relates 
     to drug and violence prevention.
       On page 528, line 11, strike ``and''.
       On page 528, line 14, strike the period and insert ``; 
     and''.
       On page 528, between lines 14 and 15, insert the following:
       ``(16) alternative programs for the education and 
     discipline of chronically violent and disruptive students as 
     it relates to drug and violence prevention.
       On page 539, line 10, strike ``and''.
       On page 539, between lines 10 and 11, insert the following:
       ``(E) alternative programs for the education and discipline 
     of chronically violent and disruptive students as it relates 
     to drug and violence prevention; and''.
                                  ____

  SA 449. Mr. CLELAND 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 319, between lines 19 and 20, insert the following:
       ``(12) Supporting the activities of education councils and 
     professional development schools, involving partnerships 
     described in paragraphs (1) and (3) of subsection (c), 
     respectively, for the purpose of--
       ``(A) preparing out-of-field teachers to be qualified to 
     teach all of the classes that the teachers are assigned to 
     teach;
       ``(B) preparing paraprofessionals to become fully qualified 
     teachers in areas served by high need local educational 
     agencies;
       ``(C) supporting teams of master teachers, including 
     teachers certified by the National Board for Professional 
     Teaching Standards, and student teacher interns as a part of 
     an extended teacher education program; and
       ``(D) supporting teams of master teachers, including 
     teachers certified by the National Board for Professional 
     Teaching Standards, to serve in low-performing schools.
       On page 329, line 7, strike ``; and'' and insert a 
     semicolon.
       On page 329, line 13, strike the period and insert ``; 
     and''.
       On page 329, between lines 13 and 14, insert the following:
       ``(C) may include activities carried out jointly with 
     education councils and professional development schools, 
     involving partnerships described in paragraphs (1) and (3) of 
     subsection (c), respectively, for the purpose of improving 
     teaching and learning at low-performing schools.
       On page 329, between lines 18 and 19, insert the following:
       ``(c) Definitions.--In this section:
       ``(1) Education council.--The term `education council' 
     means a partnership that--
       ``(A) is established between--
       ``(i) 1 or more local educational agencies, acting on 
     behalf of elementary schools or secondary schools served by 
     the agencies; and
       ``(ii) 1 or more institutions of higher education, 
     including community colleges, that meet the requirements 
     applicable to the institutions under title II of the Higher 
     Education Act of 1965 (20 U.S.C. 1021 et seq.); and
       ``(B) provides professional development to teachers to 
     ensure that the teachers are prepared and meet high standards 
     for teaching, particularly by educating and preparing 
     prospective teachers in a classroom setting and enhancing the 
     knowledge of in-service teachers while improving the 
     education of the classroom students.
       ``(2) Low-performing school.--The term `low-performing 
     school' means an elementary school or secondary school that 
     is determined to be low-performing by a State, on the basis 
     of factors such as low student achievement, low student 
     performance, unclear academic standards, high rates of 
     student absenteeism, high dropout rates, and high rates of 
     staff turnover or absenteeism.
       ``(3) Professional development school.--The term 
     `professional development school' means a partnership that--
       ``(A) is established between--
       ``(i) 1 or more local educational agencies, acting on 
     behalf of elementary schools or secondary schools served by 
     the agencies; and
       ``(ii) 1 or more institutions of higher education, 
     including community colleges, that meet the requirements 
     applicable to the institutions under title II of the Higher 
     Education Act of 1965; and
       ``(B)(i) provides sustained and high quality preservice 
     clinical experience, including the mentoring of prospective 
     teachers by veteran teachers;
       ``(ii) substantially increases interaction between faculty 
     at institutions of higher education described in subparagraph 
     (A) and new and experienced teachers, principals, and other 
     administrators at elementary schools or secondary schools; 
     and
       ``(iii) provides support, including preparation time, for 
     such interaction.''.
  SA 450. Mr. WYDEN (for himself, Mr. Sessions, Mr. Breaux, and Ms. 
Landrieu) 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 778, strike line 21 and insert the following:
     years.

                 ``PART C--STUDENT EDUCATION ENRICHMENT

     ``SEC. 6301. SHORT TITLE.

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

     ``SEC. 6302. PURPOSE.

       ``The purpose of this part is to establish a demonstration 
     program that provides Federal support to States and local 
     educational agencies to provide high quality summer academic 
     enrichment programs, for public school students who are 
     struggling academically, that are implemented as part of 
     statewide education accountability programs.

     ``SEC. 6303. DEFINITION.

       ``In this part, the term `student' means an elementary 
     school or secondary school student.

     ``SEC. 6304. GRANTS TO STATES.

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

[[Page 7627]]

       ``(I) the local educational agencies in the State that have 
     the highest percentage of students not achieving a proficient 
     level of performance on State assessments required under 
     section 1111;
       ``(II) local educational agencies that submit grant 
     applications under section 6305 describing programs that the 
     State determines would be both highly successful and 
     replicable; and
       ``(III) an assortment of local educational agencies serving 
     urban, suburban, and rural areas.

     ``SEC. 6305. GRANTS TO LOCAL EDUCATIONAL AGENCIES.

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

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

       ``(ii) may include--

       ``(I) the proposed curriculum for the summer academic 
     enrichment program;
       ``(II) the local educational agency's plan for recruiting 
     highly qualified and highly effective teachers to participate 
     in the program; and
       ``(III) a schedule for the program that indicates that the 
     program is of sufficient duration and intensity to achieve 
     the State's goals and objectives described in section 
     6304(c)(2)(A);

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

     ``SEC. 6306. SUPPLEMENT NOT SUPPLANT.

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

     ``SEC. 6307. REPORTS.

       ``(a) State Reports.--Each State educational agency that 
     receives a grant under this part shall annually prepare and 
     submit to the Secretary a report. The report shall describe--
       ``(1) the method the State educational agency used to make 
     grants to eligible local educational agencies and to provide 
     assistance to schools under this part;
       ``(2) the specific measurable goals and objectives 
     described in section 6304(c)(2)(A) for the State as a whole 
     and the extent to which the State met each of the goals and 
     objectives in the year preceding the submission of the 
     report;
       ``(3) the specific measurable goals and objectives 
     described in section 6305(b)(2)(L) for each of the local 
     educational agencies receiving a grant under this part in the 
     State and the extent to which each of the agencies met each 
     of the goals and objectives in that preceding year;
       ``(4) the steps that the State will take to ensure that any 
     such local educational agency who did not meet the goals and 
     objectives in that year will meet the goals and objectives in 
     the year following the submission of the report or the plan 
     that the State has for revoking the grant of such an agency 
     and redistributing the grant funds to existing or new 
     programs;
       ``(5) how eligible local educational agencies and schools 
     used funds provided by the State educational agency under 
     this part; and
       ``(6) the degree to which progress has been made toward 
     meeting the goals and objectives described in section 
     6304(c)(2)(A).
       ``(b) Report to Congress.--The Secretary shall annually 
     prepare and submit to Congress a report. The report shall 
     describe--
       ``(1) the methods the State educational agencies used to 
     make grants to eligible local educational agencies and to 
     provide assistance to schools under this part;
       ``(2) how eligible local educational agencies and schools 
     used funds provided under this part; and

[[Page 7628]]

       ``(3) the degree to which progress has been made toward 
     meeting the goals and objectives described in sections 
     6304(c)(2)(A) and 6305(b)(2)(L).
       ``(c) Government Accounting Office Report to Congress.--The 
     Comptroller General of the United States shall conduct a 
     study regarding the demonstration program carried out under 
     this part and the impact of the program on student 
     achievement. The Comptroller General shall prepare and submit 
     to Congress a report containing the results of the study.

     ``SEC. 6308. ADMINISTRATION.

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

     ``SEC. 6309. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     part $25,000,000 for each of fiscal years 2002 through 2004.

     ``SEC. 6310. TERMINATION.

       ``The authority provided by this part terminates 3 years 
     after the date of enactment of the Better Education for 
     Students and Teachers Act.''.
                                  ____

  SA 451. Mrs. LINCOLN 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:

       At the appropriate place, add the following:

     SEC. 902. SENSE OF THE SENATE; AUTHORIZATION OF 
                   APPROPRIATIONS.

       (a) Sense of the Senate.--It is the sense of the Senate 
     that Congress should appropriate $750,000,000 for fiscal year 
     2002 to carry out part A and part D of title III of the 
     Elementary and Secondary Education Act of 1965 and thereby--
       (1) provide that schools, local educational agencies, and 
     States have the resources they need to assist all limited 
     English proficient students in attaining proficiency in the 
     English language, and meeting the same challenging State 
     content and student performance standards that all students 
     are expected to meet in core academic subjects;
       (2) provide for the development and implementation of 
     bilingual education programs and language instruction 
     educational programs that are tied to scientifically based 
     research, and that effectively serve limited English 
     proficient students; and
       (3) provide for the development of programs that strengthen 
     and improve the professional training of educational 
     personnel who work with limited English proficient students.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out part A and part D of title 
     III of the Elementary and Secondary Education Act of 1965--
       (1) $1,100,000,000 for fiscal year 2003;
       (2) $1,400,000,000 for fiscal year 2004;
       (3) $1,700,000,000 for fiscal year 2005;
       (4) $2,100,000,000 for fiscal year 2006;
       (5) $2,400,000,000 for fiscal year 2007; and
       (6) $2,800,000,000 for fiscal year 2008.
                                  ____

  SA 452. Mr. HATCH 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 887, between lines 2 and 3, insert the following

     SEC. 900. ARTS IN EDUCATION; FINDINGS AND PURPOSE.

       ``(a) Findings.--Congress finds that--
       ``(1) the arts are forms of understanding and knowledge 
     that are fundamentally important to education;
       ``(2) appreciation of the arts is important to excellence 
     in 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;
       ``(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 maintstream 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.
                                  ____

  SA 453. 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 appropriate place, insert the following:

     SEC. __. SENSE OF THE SENATE REGARDING THE BENEFITS OF MUSIC 
                   EDUCATION.

       (a) Findings.--The Senate finds that--
       (1) there is a growing body of scientific research 
     demonstrating that children who receive music instruction 
     perform better on spatial-temporal reasoning tests and 
     proportional math problems;
       (2) music education grounded in rigorous academic 
     instruction is an important component of a well-rounded 
     academic program;
       (3) opportunities in music and the arts have enabled 
     children with disabilities to participate more fully in 
     school and community activities;
       (4) music and the arts can motive at-risk students to stay 
     in school and become active participants in the educational 
     process;
       (5) according to the College Board, college-bound high 
     school seniors in 1998 who received music or arts instruction 
     scored 57 points higher on the verbal portion of the 
     Scholastic Aptitude test and 43 points higher on the math 
     portion of the test than college-bound seniors without any 
     music or arts instruction;
       (6) a 1999 report by the Texas Commission on Drug and 
     Alcohol Abuse states that individuals who participated in 
     band, choir, or orchestra reported the lowest levels of 
     current and lifelong use of alcohol, tobacco, and illicit 
     drugs; and
       (7) comprehensive sequential music education instruction 
     enhances early brain development and improves cognitive and 
     communicative skills, self-discipline, and creativity.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) music education enhances intellectual development and 
     enriches the academic environment for children of all ages; 
     and
       (2) music educators greatly contribute to the artistic, 
     intellectual, and social development of the children of our 
     Nation, and play a key role in helping children to succeed in 
     school.

[[Page 7629]]

     
                                  ____
  SA 454. Mr. GREGG 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 53, line 22, insert before the semicolon the 
     following: ``, except that a State in which less than .25 
     percent of the total number of poor, school-aged children in 
     the United States is located shall be required to comply with 
     the requirement of this paragraph on a biennial basis''.
                                  ____

  SA 455. Mr. KERRY (for himself, Mr. Smith of Oregon, Mr. Carper, and 
Mrs. Clinton) 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 505, line 18, insert after ``intervention,'' the 
     following: ``high quality alternative education for 
     chronically disruptive and violent students that includes 
     drug and violence prevention programs,''.
       On page 528, line 11, strike ``and''.
       On page 528, between lines 11 and 12, insert the following:
       ``(15) developing, establishing, or improving alternative 
     educational opportunities for chronically disruptive and 
     violent students that are designed to promote drug and 
     violence prevention, reduce disruptive behavior, to reduce 
     the need for repeat suspensions and expulsions, to enable 
     students to meet challenging State academic standards, and to 
     enable students to return to the regular classroom as soon as 
     possible;
       ``(16) training teachers, pupil services personnel, and 
     other appropriate school staff on effective strategies for 
     dealing with chronically disruptive and violent students; 
     and''.
       On page 528, line 12, strike ``(15)'' and insert ``(17)''.
       On page 541, between lines 9 and 10, insert the following:
       ``(15) the provision of educational supports, services, and 
     programs, including drug and violence prevention programs, 
     using trained and qualified staff, for students who have been 
     suspended or expelled so such students make continuing 
     progress toward meeting the State's challenging academic 
     standards and to enable students to return to the regular 
     classroom as soon as possible;
       ``(16) training teachers, pupil services personnel, and 
     other appropriate school staff on effective strategies for 
     dealing with disruptive students;''.
       On page 541, line 10, strike ``(15)'' and insert ``(17)''.
       On page 541, line 18, strike ``(16)'' and insert ``(18)''.
       On page 550, between lines 16 and 17, insert the following:
       ``(10) the development of professional development programs 
     necessary for teachers, other educators, and pupil services 
     personnel to implement alternative education supports, 
     services, and programs for chronically disruptive and violent 
     students;
       ``(11) the development, establishment, or improvement of 
     alternative education models, either established within a 
     school or separate and apart from an existing school, that 
     are designed to promote drug and violence prevention, reduce 
     disruptive behavior, to reduce the need for repeat 
     suspensions and expulsions, to enable students to meet 
     challenging State academic standards, and to enable students 
     to return to the regular classroom as soon as possible;''.
       On page 550, line 17, strike ``(10)'' and insert ``(12)''.
       On page 550, line 22, strike ``(11)'' and insert ``(13)''.
       On page 551, line 3, strike ``(12)'' and insert ``(14)''.
       On page 551, line 9, strike ``(13)'' and insert ``(15)''.
                                  ____

  SA 456. Mr. DODD 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 383, after line 21, add the following:

      ``PART E--EARLY CHILDHOOD EDUCATOR PROFESSIONAL DEVELOPMENT

     ``SEC. 2501. PURPOSE.

       ``In support of the national effort to attain the first of 
     America's Education Goals, the purpose of this part is to 
     enhance the school readiness of young children, particularly 
     disadvantaged young children, and to prevent them from 
     encountering difficulties once they enter school, by 
     improving the knowledge and skills of early childhood 
     educators who work in communities that have high 
     concentrations of children living in poverty.

     ``SEC. 2502. PROGRAM AUTHORIZED.

       ``(a) Grants to Partnerships.--The Secretary shall carry 
     out the purpose of this part by awarding grants, on a 
     competitive basis, to partnerships consisting of--
       ``(1)(A) one or more institutions of higher education that 
     provide professional development for early childhood 
     educators who work with children from low-income families in 
     high-need communities; or
       ``(B) another public or private, nonprofit entity that 
     provides such professional development;
       ``(2) one or more public agencies (including local 
     educational agencies, State educational agencies, State human 
     services agencies, and State and local agencies administering 
     programs under the Child Care and Development Block Grant Act 
     of 1990), Head Start agencies, or private, nonprofit 
     organizations; and
       ``(3) to the extent feasible, an entity with demonstrated 
     experience in providing training to educators in early 
     childhood education programs in identifying and preventing 
     behavior problems or working with children identified or 
     suspected to be victims of abuse.
       ``(b) Duration and Number of Grants.--
       ``(1) Duration.--Each grant under this part shall be 
     awarded for not more than 4 years.
       ``(2) Number.--No partnership may receive more than 1 grant 
     under this part.

     ``SEC. 2503. APPLICATIONS.

       ``(a) Applications Required.--Any partnership that desires 
     to receive 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.--Each such application shall include--
       ``(1) a description of the high-need community to be served 
     by the project, including such demographic and socioeconomic 
     information as the Secretary may request;
       ``(2) information on the quality of the early childhood 
     educator professional development program currently conducted 
     by the institution of higher education or other provider in 
     the partnership;
       ``(3) the results of the needs assessment that the entities 
     in the partnership have undertaken to determine the most 
     critical professional development needs of the early 
     childhood educators to be served by the partnership and in 
     the broader community, and a description of how the proposed 
     project will address those needs;
       ``(4) a description of how the proposed project will be 
     carried out, including--
       ``(A) how individuals will be selected to participate;
       ``(B) the types of research-based professional development 
     activities that will be carried out;
       ``(C) how research on effective professional development 
     and on adult learning will be used to design and deliver 
     project activities;
       ``(D) how the project will coordinate with and build on, 
     and will not supplant or duplicate, early childhood education 
     professional development activities that exist in the 
     community;
       ``(E) how the project will train early childhood educators 
     to provide services that are based on developmentally 
     appropriate practices and the best available research on 
     child social, emotional, physical and cognitive development 
     and on early childhood pedagogy;
       ``(F) how the program will train early childhood educators 
     to meet the diverse educational needs of children in the 
     community, including children who have limited English 
     proficiency, disabilities, or other special needs; and
       ``(G) how the project will train early childhood educators 
     in identifying and preventing behavioral problems or working 
     with children identified as or suspected to be victims of 
     abuse;
       ``(5) a description of--
       ``(A) the specific objectives that the partnership will 
     seek to attain through the project, and how the partnership 
     will measure progress toward attainment of those objectives; 
     and
       ``(B) how the objectives and the measurement activities 
     align with the performance indicators established by the 
     Secretary under section 2506(a);
       ``(6) a description of the partnership's plan for 
     institutionalizing the activities carried out under the 
     project, so that the activities continue once Federal funding 
     ceases;
       ``(7) an assurance that, where applicable, the project will 
     provide appropriate professional development to volunteers 
     working directly with young children, as well as to paid 
     staff; and
       ``(8) an assurance that, in developing its application and 
     in carrying out its project, the partnership has consulted 
     with, and will consult with, relevant agencies, early 
     childhood educator organizations, and early childhood 
     providers that are not members of the partnership.

     ``SEC. 2504. SELECTION OF GRANTEES.

       ``(a) Criteria.--The Secretary shall select partnerships to 
     receive funding on the basis of the community's need for 
     assistance and the quality of the applications.
       ``(b) Geographic Distribution.--In selecting partnerships, 
     the Secretary shall seek to ensure that communities in 
     different regions of the Nation, as well as both urban and 
     rural communities, are served.

     ``SEC. 2505. USES OF FUNDS.

       ``(a) In General.--Each partnership receiving a grant under 
     this part shall use the grant funds to carry out activities 
     that will improve the knowledge and skills of early

[[Page 7630]]

     childhood educators who are working in early childhood 
     programs that are located in high-need communities and serve 
     concentrations of children from low-income families.
       ``(b) Allowable Activities.--Such activities may include--
       ``(1) professional development for individuals working as 
     early childhood educators, particularly to familiarize those 
     individuals with the application of recent research on child, 
     language, and literacy development and on early childhood 
     pedagogy;
       ``(2) professional development for early childhood 
     educators in working with parents, based on the best current 
     research on child social, emotional, physical and cognitive 
     development and parent involvement, so that the educators can 
     prepare their children to succeed in school;
       ``(3) professional development for early childhood 
     educators to work with children who have limited English 
     proficiency, disabilities, and other special needs;
       ``(4) professional development to train early childhood 
     educators in identifying and preventing behavioral problems 
     in children or working with children identified or suspected 
     to be victims of abuse;
       ``(5) activities that assist and support early childhood 
     educators during their first three years in the field;
       ``(6) development and implementation of early childhood 
     educator professional development programs that make use of 
     distance learning and other technologies;
       ``(7) professional development activities related to the 
     selection and use of screening and diagnostic assessments to 
     improve teaching and learning; and
       ``(8) data collection, evaluation, and reporting needed to 
     meet the requirements of this part relating to 
     accountability.

     ``SEC. 2506. ACCOUNTABILITY.

       ``(a) Performance Indicators.--Simultaneously with the 
     publication of any application notice for grants under this 
     part, the Secretary shall announce performance indicators for 
     this part, which shall be designed to measure--
       ``(1) the quality and accessibility of the professional 
     development provided;
       ``(2) the impact of that professional development on the 
     early childhood education provided by the individuals who are 
     trained; and
       ``(3) such other measures of program impact as the 
     Secretary determines appropriate.
       ``(b) Annual Reports; Termination.--
       ``(1) Annual reports.--Each partnership receiving a grant 
     under this part shall report annually to the Secretary on the 
     partnership's progress against the performance indicators.
       ``(2) Termination.--The Secretary may terminate a grant 
     under this part at any time if the Secretary determines that 
     the partnership is not making satisfactory progress against 
     the indicators.

     ``SEC. 2507. COST-SHARING.

       ``(a) In General.--Each partnership shall provide, from 
     other sources, which may include other Federal sources--
       ``(1) at least 50 percent of the total cost of its project 
     for the grant period; and
       ``(2) at least 20 percent of the project cost in each year.
       ``(b) Acceptable Contributions.--A partnership may meet the 
     requirement of subsection (a) through cash or in-kind 
     contributions, fairly valued.
       ``(c) Waivers.--The Secretary may waive or modify the 
     requirements of subsection (a) in cases of demonstrated 
     financial hardship.

     ``SEC. 2508. DEFINITIONS.

       ``In this part:
       ``(1) High-need community.--
       ``(A) In general.--The term `high-need community' means--
       ``(i) a municipality, or a portion of a municipality, in 
     which at least 50 percent of the children are from low-income 
     families; or
       ``(ii) a municipality that is one of the 10 percent of 
     municipalities within the State having the greatest numbers 
     of such children.
       ``(B) Determination.--In determining which communities are 
     described in subparagraph (A), the Secretary shall use such 
     data as the Secretary determines are most accurate and 
     appropriate.
       ``(2) Low-income family.--The term `low-income family' 
     means a family with an income 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.
       ``(3) Early childhood educator.--The term `early childhood 
     educator' means a person providing or employed by a provider 
     of non-residential child care services (including center-
     based, family-based, and in-home child care services) for 
     compensation that is legally operating under State law, and 
     that complies with applicable State and local requirements 
     for the provision of child care services to children at any 
     age from birth through kindergarten.

     ``SEC. 2509. FEDERAL COORDINATION.

       ``The Secretary and the Secretary of Health and Human 
     Services shall coordinate activities under this part and 
     other early childhood programs administered by the two 
     Secretaries.

     ``SEC. 2510. AUTHORIZATION OF APPROPRIATIONS.

       ``For the purpose of carrying out this part, there are 
     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 457. Mr. DODD (for himself and Mr. Shelby) 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 778, after line 21, add the following:

   ``PART C--INCREASING PARENTAL INVOLVEMENT AND PROTECTING STUDENT 
                                PRIVACY

     ``SEC. 6301. INTENT.

       ``It is the purpose of this part to provide parents with 
     notice of and opportunity to make informed decisions 
     regarding commercial activities occurring in their children's 
     classrooms.

     ``SEC. 6302. COMMERCIALIZATION POLICIES AND PRIVACY FOR 
                   STUDENTS.

       ``(a) Policy Development.--A State educational agency or 
     local educational agency that receives funds under this Act 
     shall develop a policy regarding in-school commercialization 
     activities in consultation with parents and provide notice to 
     parents regarding such policy and any changes to such policy, 
     including locally developed exceptions under subsection (e).
       ``(b) Funding Prohibition.--Except as provided in 
     subsection (c), no State educational agency or local 
     educational agency that receives funds under this Act may--
       ``(1) disclose data or information the agency gathered from 
     a student to a person or entity that seeks disclosure of the 
     data or information for the purpose of benefiting the person 
     or entity's commercial interests; or
       ``(2) permit by contract a person or entity to gather from 
     a student, or assist a person or entity in gathering from a 
     student, data or information, if the purpose of gathering the 
     data or information is to benefit the commercial interests of 
     the person or entity.
       ``(c) Parental Consent.--
       ``(1) Disclosure.--A State educational agency or local 
     educational agency that is a recipient of funds under this 
     Act may disclose data or information under subsection (b)(1) 
     if the agency, prior to the disclosure--
       ``(A) explains to the student's parent, in writing, what 
     data or information will be disclosed, to which person or 
     entity the data or information will be disclosed, the amount 
     of class time, if any, that will be consumed by the 
     disclosure, and how the person or entity will use the data or 
     information; and
       ``(B) obtains the parent's written permission for the 
     disclosure.
       ``(2) Gathering.--A State educational agency or local 
     educational agency that is a recipient of funds under this 
     Act may permit by contract, or assist, the gathering of data 
     or information under subsection (b)(2) if the agency, prior 
     to the gathering--
       ``(A) explains to the student's parent, in writing, what 
     data or information will be gathered including whether any of 
     the information is personally identifiable, which person or 
     entity will gather the data or information, the amount of 
     class time if any, that will be consumed by the gathering, 
     and how the person or entity will use the data or 
     information; and
       ``(B) obtains the parent's written permission for the 
     gathering.
       ``(d) Definitions.--In this part:
       ``(1) Student.--The term `student' means a student under 
     the age of 18.
       ``(2) Commercial interest.--The term `commercial interest' 
     does not include the interest of a person or entity in 
     gathering data or information from a student for the purpose 
     of developing, evaluating, or providing educational products 
     or services for or to students or educational institutions, 
     such as--
       ``(A) college and other post-secondary education 
     recruiting;
       ``(B) book clubs and other programs providing access to low 
     cost books or other related literary products;
       ``(C) curriculum and instructional materials used by 
     elementary and secondary schools to teach if--
       ``(i) the information is not used to sell or advertise 
     another product, or to develop another product that is not 
     covered by the exemption from commercial interest in this 
     paragraph; and
       ``(ii) the curriculum and instructional materials are used 
     in accordance with applicable Federal, State, and local 
     policies, if any; and
       ``(D) the development and administration of tests and 
     assessments used by elementary and secondary schools to 
     provide cognitive, evaluative, diagnostic, clinical, 
     aptitude, or achievement information about students (or to 
     generate other statistically useful data for the purpose of 
     securing such tests and assessments) and the subsequent 
     analysis and public release of aggregate data if--

[[Page 7631]]

       ``(i) the information is not used to sell or advertise 
     another product, or to develop another product that is not 
     covered by the exemption from commercial interest in this 
     paragraph; and
       ``(ii) the tests are conducted in accordance with 
     applicable Federal, State, and local policies, if any.
       ``(e) Locally Developed Exceptions.--A local educational 
     agency, in consultation with parents, may develop appropriate 
     exceptions to the consent requirements contained in this 
     part.
       ``(f) Funding.--A State educational agency or local 
     educational agency may use funds provided under part A of 
     title VI to enhance parental involvement in areas affecting 
     children's in-school privacy.
       ``(g) Technical Assistance.--Upon the request of a State 
     educational agency or local educational agency, the Secretary 
     shall provide technical assistance to such an agency 
     concerning compliance with this part.
       ``(h) Rule of Construction.--Nothing in this section shall 
     be construed to supersede the Family Educational Rights and 
     Privacy Act (20 U.S.C. 1232g).''.
                                  ____

  SA 458. Mr. DODD 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:

       Beginning on page 149, strike line 23 and all that follows 
     through page 150, line 11, and insert the following:
       ``(4) Puerto rico.--For each fiscal year, the amount of the 
     grant which the Commonwealth of Puerto Rico shall be eligible 
     to receive under this section shall be the amount determined 
     with respect to Puerto Rico under paragraph (1) multiplied by 
     the larger of--
       ``(A) the percentage that the average per pupil expenditure 
     in the Commonwealth of Puerto Rico is of the lowest average 
     per pupil expenditure of any of the 50 States; or
       ``(B) the minimum percentage, which shall not be less 
     than--
       ``(i) for fiscal year 2002, 77.5 percent;
       ``(ii) for fiscal year 2003, 80.0 percent;
       ``(iii) for fiscal year 2004, 82.5 percent;
       ``(iv) for fiscal year 2005, 85 percent;
       ``(v) for fiscal year 2006, 89 percent;
       ``(vi) for fiscal year 2007, 94 percent; and
       ``(vii) for fiscal year 2008, and each subsequent fiscal 
     year, 100 percent.''
                                  ____

  SA 459. Mr. DODD (for himself and Mr. Biden) 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 134, between lines 11 and 12, insert the following:
       (5) by striking subsection (d) (as so redesignated) and 
     inserting the following:
       ``(d) Comparability of Services.--
       ``(1) In general.--(A) A State that receives funds under 
     this part shall provide services in schools receiving funds 
     under this part that, taken as a whole, are at least 
     comparable to services in schools that are not receiving 
     funds under this part.
       ``(B) A State shall meet the requirements of subparagraph 
     (A) on a school-by-school basis.
       ``(2) Written assurance.--(A) A State shall be considered 
     to have met the requirements of paragraph (1) if such State 
     has filed with the Secretary a written assurance that such 
     State has established and implemented policies to ensure 
     comparability among schools in--
       ``(i) class size and qualifications of teachers (by 
     category of assignment, such as regular education, special 
     education, and bilingual education) and professional staff;
       ``(ii) curriculum, the range of courses offered (including 
     the opportunity to participate in rigorous courses such as 
     advanced placement courses), and instructional materials and 
     instructional resources to ensure that participating children 
     have the opportunity to achieve to the highest student 
     performance levels under the State's challenging content and 
     student performance standards;
       ``(iii) accessibility to technology; and
       ``(iv) the safety of school facilities.
       ``(B) A State need not include unpredictable changes in 
     student enrollment or personnel assignments that occur after 
     the beginning of a school year in determining comparability 
     of services under this subsection.
       ``(3) Construction.--Nothing in this subsection shall be 
     construed to require a jurisdiction to increase its property 
     tax or other tax rates.
       ``(4) Effective date.--A State shall comply with the 
     requirements of this subsection by not later than the 
     beginning of the 2003-2004 school year.
       ``(5) Sanctions.--If a State fails to comply with the 
     requirements of this subsection, the Secretary shall withhold 
     funds for State administration until such time as the 
     Secretary determines that the State is in compliance with 
     this subsection.''
                                  ____

  SA 460. Mr. REID 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 254, line 21, insert before the period the 
     following: ``(including organizations and entities that carry 
     out projects described in section 1609(d))''.
       On page 257, between lines 18 and 19, insert the following:
       ``(d) After School Services.--Grant funds awarded under 
     this part may be used by organizations or entities to 
     implement programs to provide after school services for 
     limited English proficient students that emphasize language 
     and life skills.''
                                  ____

  SA 461. Mr. DORGAN 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 379, line 24, insert after the period the 
     following: ``Of the amount appropriated under the preceding 
     sentence for each fiscal year, the Secretary shall make 
     available 5 percent of such amount to carry out part E.''.
       On page 383, after line 12, insert the following:

     SEC. 203. RURAL TECHNOLOGY EDUCATION ACADEMIES.

       Title II (20 U.S.C. 6601 et seq.), as amended by section 
     202, is further amended by adding at the end the following:

             ``PART E--RURAL TECHNOLOGY EDUCATION ACADEMIES

     ``SEC. 2501. SHORT TITLE.

       This part may be cited as the `Rural Technology Education 
     Academies Act'.

     ``SEC. 2502. FINDINGS AND PURPOSE.

       ``(a) Findings.--Congress makes the following findings:
       ``(1) Rural areas offer technology programs in existing 
     public schools, such as those in career and technical 
     education programs, but they are limited in numbers and are 
     not adequately funded. Further, rural areas often cannot 
     support specialized schools, such as magnet or charter 
     schools.
       ``(2) Technology can offer rural students educational and 
     employment opportunities that they otherwise would not have.
       ``(3) Schools in rural and small towns receive 
     disproportionately less funding than their urban 
     counterparts, necessitating that such schools receive 
     additional assistance to implement technology curriculum.
       ``(4) In the future, workers without technology skills run 
     the risk of being excluded from the new global, technological 
     economy.
       ``(5) Teaching technology in rural schools is vitally 
     important because it creates an employee pool for employers 
     sorely in need of information technology specialists.
       ``(6) A qualified workforce can attract information 
     technology employers to rural areas and help bridge the 
     digital divide between rural and urban American that is 
     evidenced by the out-migration and economic decline typical 
     of many rural areas.
       ``(b) Purpose.--It is the purpose of this part to give 
     rural schools comprehensive assistance to train the 
     technology literate workforce needed to bridge the rural-
     urban digital divide.

     ``SEC. 2503. GRANTS TO STATES.

       ``(a) In General.--The Secretary shall use amounts made 
     available under section 2310(a) to carry out this part to 
     make grants to eligible States for the development and 
     implementation of technology curriculum.
       ``(b) State Eligibility.--
       ``(1) In general.--To be eligible for a grant under 
     subsection (a), a State shall--
       ``(A) have in place a statewide educational technology plan 
     developed in consultation with the State agency responsible 
     for administering programs under the Carl D. Perkins 
     Vocational and Applied Technology Education Act (20 U.S.C. 
     2301 et seq.); and
       ``(B) include eligible local educational agencies (as 
     defined in paragraph (2)) under the plan.
       ``(2) Definition.--In this part, the term `eligible local 
     educational agency' means a local educational agency--
       ``(A) with less than 800 total students in average daily 
     attendance at the schools served by such agency; and
       ``(B) with respect to which all of the schools served by 
     the agency have a School Locale Code of 7, as determined by 
     the Secretary.
       ``(c) Amount of Grant.--Of the amount made available under 
     section 2310(a) to carry out this part for a fiscal year and 
     reduced by amounts used under section 2504, the Secretary 
     shall provide to each State under a grant under subsection 
     (a) an amount the bears that same ratio to such appropriated 
     amount as the number of students in average daily attendance 
     at the schools served by eligible local educational agencies 
     in the State bears to the number of all such students at the 
     schools served by eligible local educational agencies in all 
     States in such fiscal year.
       ``(d) Use of Amounts.--

[[Page 7632]]

       ``(1) In general.--A State that receives a grant under 
     subsection (a) shall use--
       ``(A) not less than 85 percent of the amounts received 
     under the grant to provide funds to eligible local 
     educational agencies in the State for use as provided for in 
     paragraph (2); and
       ``(B) not to exceed 15 percent of the amounts received 
     under the grant to carry out activities to develop or enhance 
     and further the implementation of technology curriculum, 
     including--
       ``(i) the development or enhancement of technology courses 
     in areas including computer network technology, computer 
     engineering technology, computer design and repair, software 
     engineering, and programming;
       ``(ii) the development or enhancement of high quality 
     technology standards;
       ``(iii) the examination of the utility of web-based 
     technology courses, including college-level courses and 
     instruction for both students and teachers;
       ``(iv) the development or enhancement of State advisory 
     councils on technology teacher training;
       ``(v) the addition of high-quality technology courses to 
     teacher certification programs;
       ``(vi) the provision of financial resources and incentives 
     to eligible local educational agencies to enable such 
     agencies to implement a technology curriculum; and
       ``(vii) the implementation of a centralized web-site for 
     educators to exchange computer-related curriculum and lesson 
     plans.
       ``(2) Local use of funds.--Amounts received by an eligible 
     local educational agency under paragraph (1)(A) shall be used 
     for--
       ``(A) the implementation of a technology curriculum that is 
     based on standards developed by the State, if applicable;
       ``(B) professional development in the area of technology, 
     including for the certification of teachers in information 
     technology;
       ``(C) teacher-to-teacher technology mentoring programs;
       ``(D) the provision of incentives to teachers teaching in 
     technology-related fields to persuade such teachers to remain 
     in rural areas;
       ``(E) the purchase of equipment needed to implement a 
     technology curriculum; or
       ``(F) the development of, or entering into a, consortium 
     with other local educational agencies, institutions of higher 
     education, or for-profit businesses, nonprofit organizations, 
     community-based organizations or other entities with the 
     capacity to contribute to technology training for the 
     purposes of subparagraphs (A) through (E).
       ``(3) Amount of assistance.--In providing assistance to 
     eligible local educational agencies under this section, a 
     State shall ensure that the amount provided to any eligible 
     agency reflects the size and financial need of the agency as 
     evidenced by the number or percentage of children served by 
     the agency who are in poverty.

     ``SEC. 2504. TECHNICAL ASSISTANCE.

       ``From amounts made available for a fiscal year under 
     section 2310(a) to carry out this part, the Secretary may use 
     not to exceed 5 percent of such amounts to--
       ``(1) establish a position within the Office of Educational 
     Technology of the Department of Education for a specialist in 
     rural schools;
       ``(2) identify and disseminate throughout the United States 
     information on best practices concerning technology 
     curricula; and
       ``(3) conduct seminars in rural areas on technology 
     education.''.
                                  ____

  SA 462. Mr. EDWARDS 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 679, after line 25, add the following:
       ``(6) support for arrangements that provide for independent 
     analysis to measure and report on school district 
     achievement.''.
                                  ____

  SA 463. Mr. WELLSTONE (for himself and Mr. Feingold) 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 47, between lines 12 and 13, insert the following:
       ``(i) during the period beginning on the date of enactment 
     of the Better Education for Students and Teachers Act and 
     ending on September 20, 2008, the assessments described in 
     this subparagraph--
       ``(I) shall not be required to be considered in determining 
     whether a school, school district, or the State is making 
     adequate yearly progress with respect to the challenging 
     State content and student performance standards; and
       ``(II) may be used for diagnostic purposes at the 
     discretion of the State;''.
                                  ____

  SA 464. Mr. WELLSTONE 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 48, between lines 14 and 15, insert the following:
       ``(iii) no State shall be required to conduct any 
     assessments under this subparagraph in any school year if, by 
     July 1, 2005, the amount appropriated to carry out the Head 
     Start Program for fiscal year 2005 does not equal or exceed 
     $92,408,000,000''.
                                  ____

  SA 465. Mr. WELLSTONE (for himself and Mr. Feingold) 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 776, strike lines 1 through 5, and insert the 
     following:
       ``(b) Assessment Completion Bonuses.--
       ``(1) In general.--At the end of school year 2006-2007, the 
     Secretary shall make 1-time bonus payments to States that 
     develop State assessments as required under section 
     1111(b)(3)(F) that are of particularly high quality in terms 
     of assessing the performance of students in grades 3 through 
     8. The Secretary shall make the awards to States that develop 
     assessments that involve up-to-date measures of student 
     performance from multiple sources that assess the range and 
     depth of student knowledge and proficiency in meeting State 
     performance standards, in each academic subject in which the 
     State is required to conduct the assessments.
       ``(2) Peer review.--In making awards under paragraph (1), 
     the Secretary shall use a peer review process.
                                  ____

  SA 466. Mr. WELLSTONE 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 48, between lines 14 and 15, insert the following:
       ``(iii) no State shall be required to conduct any 
     assessments under this subparagraph in any school year if, by 
     July 1, 2005, the amount appropriated to carry out this part 
     for fiscal year 2005 does not equal or exceed 
     $24,720,000,000;''
                                  ____

  SA 467. Mr. WELLSTONE 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. 902. EXPANSION OF EDUCATIONAL OPPORTUNITIES FOR WELFARE 
                   RECIPIENTS.

       (a) Postsecondary Education or Vocational Educational 
     Training as Permissible Work Activities.--Section 407(d)(8) 
     of the Social Security Act (42 U.S.C. 607(d)(8)) is amended 
     to read as follows:
       ``(8) postsecondary education or vocational educational 
     training (not to exceed 24 months or, at the option of the 
     State, 48 months, with respect to any individual);''.
       (b) Modifications To the Educational Cap.--
       (1) Removal of teen parents from 30 percent limitation.--
     Section 407(c)(2)(D) of the Social Security Act (42 U.S.C. 
     607(c)(2)(D)) is amended by striking ``, or (if the month is 
     in fiscal year 2000 or thereafter) deemed to be engaged in 
     work for the month by reason of subparagraph (C) of this 
     paragraph''.
       (2) Extension of cap to postsecondary education.--Section 
     407(c)(2)(D) of the Social Security Act (42 U.S.C. 
     607(c)(2)(D)) is amended by striking ``vocational educational 
     training'' and inserting ``education or training described in 
     subsection (d)(8)''.
       (c) Clarification That Participation in a Federal Work-
     Study Program Is a Permissible Work Activity Under the TANF 
     Program.--Paragraphs (2) and (3) of section 407(d) of the 
     Social Security Act (42 U.S.C. 607(d)) are each amended by 
     inserting ``(including participation in an activity under a 
     program established under part C of title IV of the Higher 
     Education Act of 1965)'' before the semicolon.
                                  ____

  SA 468. Mr. WELLSTONE 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 4, between lines 16 and 17, insert the following:
       ``(1) Assessment.--The term `assessment' means any 
     systematic method of obtaining information from tests and 
     other sources that is used to draw inferences about the 
     characteristics of individuals, objects, or programs.
       On page 44, strike lines 12 through 14, and insert the 
     following: ``sistent with the Standards for Educational and 
     Psychological

[[Page 7633]]

     Testing as developed by the American Educational Research 
     Association, the American Psychological Association and the 
     National Council on Measurement in Education;
       ``(D) be used only if the State provides to the Secretary 
     evidence from the test publisher or other relevant sources 
     that the assessment used is of adequate technical quality for 
     each purpose for which the assessment is used, such evidence 
     to be made public by the Secretary upon request;''.
       On page 49, between lines 11 and 12, insert the following:
       ``(K) enable itemized score analyses to be reported to 
     schools and local educational agencies in a way that parents, 
     teachers, schools, and local educational agencies can 
     interpret and address the specific academic needs of 
     individual students as indicated by the students' performance 
     on assessment items.
       On page 110, between lines 21 and 22, insert the following:

     SEC. 118A. GRANTS FOR ENHANCED ASSESSMENT INSTRUMENTS.

       Part A of title I (20 U.S.C. 6311 et seq.) is amended by 
     inserting after section 1117 (20 U.S.C. 6318) the following:

     ``SEC. 1117A. GRANTS FOR ENHANCED ASSESSMENT INSTRUMENTS.

       ``(a) Purpose.--The purpose of this section is to--
       ``(1) enable States (or consortia or States) and local 
     educational agencies (or consortia of local educational 
     agencies) to collaborate with institutions of higher 
     education, other research institutions, and other 
     organizations to improve the quality and fairness of State 
     assessment systems beyond the basic requirements for 
     assessment systems described in section 1111(b)(3);
       ``(2) characterize student achievement in terms of multiple 
     aspects of proficiency;
       ``(3) chart student progress over time;
       ``(4) closely track curriculum and instruction; and
       ``(5) monitor and improve judgments based on informed 
     evaluations of student performance.
       ``(b) 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.
       ``(c) Grants Authorized.--The Secretary is authorized to 
     award grants to States and local educational agencies to 
     enable the States and local educational agencies to carry out 
     the purpose described in subsection (a).
       ``(d) Application.--In order to receive a grant under this 
     section for any fiscal year, a State or local educational 
     agency shall submit an application to the Secretary at such 
     time and containing such information as the Secretary may 
     require.
       ``(e) Authorized Use of Funds.--A State or local 
     educational agency having an application approved under 
     subsection (d) shall use the grant funds received under this 
     section to collaborate with institutions of higher education 
     or other research institutions, experts on curriculum, 
     teachers, administrators, parents, and assessment developers 
     for the purpose of developing enhanced assessments that are 
     aligned with standards and curriculum, are valid and reliable 
     for the purposes for which the assessments are to be used, 
     are grade-appropriate, include multiple measures of student 
     achievement from multiple sources, and otherwise meet the 
     requirements of section 1111(b)(3). Such assessments shall 
     strive to better measure higher order thinking skills, 
     understanding, analytical ability, and learning over time 
     through the development of assessment tools that include 
     techniques such as performance, curriculum-, and technology-
     based assessments.
       ``(f) Annual Reports.--Each State or local educational 
     agency receiving a grant under this section shall report to 
     the Secretary at the end of the fiscal year for which the 
     State or local educational agency received the grant on the 
     progress of the State or local educational agency in 
     improving the quality and fairness of assessments with 
     respect to the purpose described in subsection (a).''.
                                  ____

  SA 469. Mr. WELLSTONE 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:

       Beginning on page 773, strike lines 20-24, and insert the 
     following:

     ``SEC. 6107.

       ``(1) In general.--For the purpose of carrying out part D, 
     there are authorized to be appropriated $70,000,000 for 
     fiscal year 2002 and such sums as may be necessary for each 
     of the 6 succeeding fiscal years.
       ``(2) Reservation.--Of the amount appropriated under 
     paragraph (1) for a fiscal year--
       ``(A) the Secretary shall reserve $50,000,000 to carry out 
     part A, other than section 6106A; and
       ``(B) in the case of any amounts appropriated in excess of 
     $50,000,000 for such fiscal year, the Secretary shall 
     allocate an amount equal to--
       ``(i) 85 percent of such excess to carry out section 6106A; 
     and
       ``(ii) 15 percent of such excess to carry out part A, other 
     than section 6106A.''
       On page 773, between lines 19 and 20, insert the following:

     ``SEC. 6106A. LOCAL FAMILY INFORMATION CENTERS.

       ``(a) Centers Authorized.--The Secretary shall award grants 
     to, and enter into contracts and cooperative agreements with, 
     local nonprofit parent organizations to enable the 
     organizations to support local family information centers 
     that help ensure that parents of students in schools assisted 
     under part A have the training, information, and support the 
     parents need to enable the parents to participate effectively 
     in helping their children to meet challenging State 
     standards.
       ``(b) Definition of Local Nonprofit Parent Organization.--
     In this section, the term `local nonprofit parent 
     organization' means a private nonprofit organization (other 
     than an institution of higher education) that--
       ``(1) has a demonstrated record of working with low-income 
     individuals and parents;
       ``(2)(A) has a board of directors the majority of whom are 
     parents of students in schools that are assisted under part A 
     and located in the geographic area to be served by the 
     center; or
       ``(B) has a special governing committee to direct and 
     implement the center, a majority of the members of whom are 
     parents of students in schools assisted under part A; and
       ``(3) is located in a community with schools that receive 
     funds under part A, and is accessible to the families of 
     students in those schools.''
                                  ____

  SA 470. Mr. ROBERTS (for himself, Mr. Frist, Mr. Gregg, Mr. Crapo, 
Mr. Warner, Mr. Schumer, and Mr. Durbin) 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 344, line 9, insert ``engineering,'' before 
     ``mathematics''.
       On page 344, line 17, strike ``a'' and insert ``an 
     engineering''.
       On page 344, line 22, insert ``engineering,'' before 
     ``mathematics''.
       On page 345, line 7, insert ``or high-impact public 
     coalition composed of leaders from business, kindergarten 
     through grade 12 education, institutions of higher education, 
     and public policy organizations'' before the period.
       On page 347, line 10, insert ``or a consortium of local 
     educational agencies that include a high need local education 
     agency'' before the period.
       On page 347, line 18, strike ``an'' and insert ``the 
     results of a comprehensive''.
       On page 347, line 22, strike the semicolon and insert: ``, 
     and such assessment may include, but not be limited to, data 
     that accurately represents--
       ``(A) the participation of students in advanced courses in 
     mathematics and science,
       ``(B) the percentages of secondary school classes in 
     mathematics and science taught by teachers with academic 
     majors in mathematics and science, respectively,
       ``(C) the number and percentage of mathematics and science 
     teachers who participate in content-based professional 
     development activities, and
       ``(D) the extent to which elementary teachers have the 
     necessary content knowledge to teach mathematics and science;
       On page 349, line 6, strike the period and insert ``through 
     the use of--
       ``(A) recruiting individuals with demonstrated professional 
     experience in mathematics or science through the use of 
     signing incentives and performance incentives for mathematics 
     and science teachers as long as those incentives are linked 
     to activities proven effective in retaining teachers;
       ``(B) stipends to mathematics teachers and science teachers 
     for certification through alternative routes;
       ``(C) scholarships for teachers to pursue advanced course 
     work in mathematics or science; and
       ``(D) carrying out any other program that the State 
     believes to be effective in recruiting into and retaining 
     individuals with strong mathematics or science backgrounds in 
     the teaching field.
       On page 350, line 4, insert ``engineers and'' before 
     ``scientists''.
       On page 350, between lines 4 and 5, insert the following:
       ``(9) Designing programs to identify and develop 
     mathematics and science master teachers in the kindergarten 
     through grade 8 classrooms.
       ``(10) Performing a statewide systemic needs assessment of 
     mathematics, science, and technology education, analyzing the 
     assessment, developing a strategic plan based on the 
     assessment and its analysis, and engaging in activities to 
     implement the strategic plan consistent with the authorized 
     activities in this section.
       ``(11) Establishing a mastery incentive system for 
     elementary school or secondary school mathematics or science 
     teachers under which--
       ``(A) experienced mathematics or science teachers who are 
     licensed or certified to

[[Page 7634]]

     teach in the State demonstrate their mathematics or science 
     knowledge and teaching expertise, through objective means 
     such as an advanced examination or professional evaluation of 
     teaching performance and classroom skill including a 
     professional video;
       ``(B) incentives shall be awarded to teachers making the 
     demonstration described in subparagraph (A);
       ``(C) priority for such incentives shall be provided to 
     teachers who teach in high need and local educational 
     agencies; and
       ``(D) the partnership shall devise a plan to ensure that 
     recipients of incentives under this paragraph remain in the 
     teaching profession.''
                                  ____

  SA 471. Mr. JOHNSON 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, add the following:

     SEC. __. MENTAL HEALTH SERVICES DELIVERED VIA TELEHEALTH.

       (a) Program Authorized.--
       (1) In general.--The Secretary of Health and Human 
     Services, acting through the Director of the Office for the 
     Advancement of Telehealth of the Health Resources and 
     Services Administration, shall award grants to eligible 
     entities to establish demonstration projects for the 
     provision of mental health services to special populations as 
     delivered remotely by qualified mental health professionals 
     using telehealth and for the provision of education regarding 
     mental illness as delivered remotely by qualified mental 
     health professionals and qualified mental health education 
     professionals using telehealth.
       (2) Number of demonstration projects.--Twenty grants shall 
     be awarded under paragraph (1) to provide services for 
     children and adolescents as described in subsection (d)(1). 
     Not less than 10 such grants shall be for services rendered 
     to individuals in rural areas.
       (b) Definitions.--In this section:
       (1) Eligible entity.--The term ``eligible entity'' means a 
     public or nonprofit private telehealth provider network which 
     has as part of its services mental health services provided 
     by qualified mental health providers.
       (2) Qualified mental health education professionals.--The 
     term ``qualified mental health education professionals'' 
     refers to teachers, community mental health professionals, 
     nurses, and other entities as determined by the Secretary who 
     have additional training in the delivery of information on 
     mental illness in children and adolescents.
       (3) Qualified mental health professionals.--The term 
     ``qualified mental health professionals'' refers to providers 
     of mental health services currently reimbursed under medicare 
     who have additional training in the treatment of mental 
     illness in children and adolescents.
       (4) Special populations.--The term ``special populations'' 
     refers to children and adolescents located in primary and 
     secondary public schools in mental health underserved rural 
     areas or in mental health underserved urban areas.
       (5) Telehealth.--The term ``telehealth'' means the use of 
     electronic information and telecommunications technologies to 
     support long-distance clinical health care, patient and 
     professional health-related education, public health, and 
     health administration.
       (c) Amount.--Each entity that receives a grant under 
     subsection (a) shall receive not more than $1,500,000, with 
     no more than 40 percent of the total budget outlined for 
     equipment.
       (d) Use of Funds.--
       (1) In general.--An eligible entity that receives a grant 
     under this section shall use such funds for the special 
     population described in subsection (b)(4)--
       (A) to provide mental health services, including diagnosis 
     and treatment of mental illness, in primary and secondary 
     public schools as delivered remotely by qualified mental 
     health professionals using telehealth;
       (B) to provide education regarding mental illness 
     (including suicide and violence) in primary and secondary 
     public schools as delivered remotely by qualified mental 
     health professionals and qualified mental health education 
     professionals using telehealth, including early recognition 
     of the signs and symptoms of mental illness, and instruction 
     on coping and dealing with stressful experiences of childhood 
     and adolescence (such as violence, social isolation, and 
     depression); and
       (C) to collaborate with local public health entities and 
     the eligible entity to provide the mental health services.
       (2) Other uses.--An eligible entity receiving a grant under 
     this section may also use funds to--
       (A) acquire telehealth equipment to use in primary and 
     secondary public schools for the purposes of this section;
       (B) develop curriculum to support activities described in 
     subsections (d)(1)(B);
       (C) pay telecommunications costs; and
       (D) pay qualified mental health professionals and qualified 
     mental health education professionals on a reasonable cost 
     basis as determined by the Secretary for services rendered.
       (3) Prohibited uses.--An eligible entity that receives a 
     grant under this section shall not use funds received through 
     such grant to--
       (A) purchase or install transmission equipment (other than 
     such equipment used by qualified mental health professionals 
     to deliver mental health services using telehealth under the 
     project); or
       (B) build upon or acquire real property (except for minor 
     renovations related to the installation of reimbursable 
     equipment).
       (e) Equitable Distribution.--In awarding grants under this 
     section, the Secretary shall ensure, to the greatest extent 
     possible, that such grants are equitably distributed among 
     geographical regions of the United States.
       (f) Application.--An entity that desires a grant under this 
     section shall submit an application to the Secretary at such 
     time, in such manner, and containing such information as the 
     Secretary considers appropriate.
       (g) Report.--Not later than 5 years after the date of the 
     enactment of this Act, the Secretary shall submit to the 
     appropriate committees of Congress a report that shall 
     evaluate activities funded with grants under this section.
       (h) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section, $30,000,000 for 
     fiscal year 2002, and such sums as may be necessary for 
     fiscal years 2003 through 2007.
       (i) Sunset Provision.--This section shall be effective for 
     6 years from the date of the enactment of this Act.
                                  ____

  SA 472. Ms. LANDRIEU 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:

       At the appropriate place, insert the following:

     SEC. __. SENSE OF THE SENATE REGARDING TAX INCENTIVES FOR 
                   TEACHERS RECEIVING ADVANCED CERTIFICATION.

       (a) Findings.--The Senate finds the following:
       (1) Studies have shown that the greatest single in-school 
     factor affecting student achievement is teacher quality.
       (2) Most accomplished teachers do not get the rewards they 
     deserve.
       (3) After adjusting amounts for inflation, the average 
     teacher salary for 1997-1998 of $39,347 is just $2 above what 
     it was in 1993. Such salary is also just $1,924 more than the 
     average salary recorded in 1972, a real increase of only $75 
     per year.
       (4) While K-12 enrollments are steadily increasing, the 
     teacher population is aging. There is a need, now more than 
     ever, to attract competent, capable, and bright college 
     graduates or mid-career professionals to the teaching 
     profession.
       (5) The Department of Education projects that 2,000,000 new 
     teachers will have to be hired in the next decade. Shortages, 
     if they occur, will most likely be felt in urban or rural 
     regions of the country where working conditions may be 
     difficult or compensation low.
       (6) If students are to receive a high quality education and 
     remain competitive in the global market the United States 
     must attract talented and motivated people to the teaching 
     profession in large numbers.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that Congress should act expeditiously to pass legislation in 
     the 107th Congress providing--
       (1) a $5,000 refundable tax credit to elementary and 
     secondary school teachers who receive advanced certification, 
     and
       (2) an exclusion from gross income for any reasonable 
     financial benefits received by such teachers solely because 
     of such certification.
                                  ____

  SA 473. Ms. LANDRIEU 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 893, after line 14, add the following:

     SEC. __. SENSE OF THE SENATE CONCERNING POSTAL RATES FOR 
                   EDUCATIONAL MATERIALS.

       (a) Findings.--The Senate finds that--
       (1) the President and Congress both agree that education is 
     of the highest domestic priority;
       (2) access to education is a basic right for all Americans 
     regardless of age, race, economic status or geographic 
     boundary;
       (3) reading is the foundation of all educational pursuits;
       (4) the objective of schools, libraries, literacy programs, 
     and early childhood development programs is to promote 
     reading skills and prepare individuals for a productive role 
     in our society;
       (5) individuals involved in the activities described in 
     paragraph (4) are less likely to be drawn into negative 
     social behavior such

[[Page 7635]]

     as alcohol and drug abuse and criminal activity;
       (6) a highly educated workforce in America is directly tied 
     to a strong economy and our national security;
       (7) the increase in postal rates by the United States 
     Postal Service in the year 2000 for such reading materials 
     sent for these purposes was substantially more than the 
     increase for any other class of mail and threatens the 
     affordability and future distribution of such materials;
       (8) failure to provide affordable access to reading 
     materials would seriously limit the fair and universal 
     distribution of books and classroom publications to schools, 
     libraries, literacy programs and early childhood development 
     programs; and
       (9) the Postal Service has the discretionary authority to 
     set postal rates.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that, since educational materials sent to schools, libraries, 
     literacy programs, and early childhood development programs 
     received the highest postal rate increase in the year 2000 
     rate case, the United States Postal Service should freeze the 
     rates for those materials.
                                  ____

  SA 474. Ms. LANDRIEU 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:

       Beginning on page 312, strike line 18 and all that follows 
     through page 313, line 4, and insert the following:

       ``(I) an amount that bears the same relationship to 35 
     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 65 
     percent of the

                           *   *   *   *   *


       On page 320, strike lines 16 through 26 and insert the 
     following:
       ``(1) an amount that bears the same relationship to 20 
     percent of the total amount as the number of individuals age 
     5 through 17 in the geographic area served by the agency, as 
     determined by the Secretary on the basis of the most recent 
     satisfactory data, bears to the number of those individuals 
     in the geographic areas served by all the local educational 
     agencies in the State, as so determined; and
       ``(2) an amount that bears the same relationship to 80 
     percent of the total amount as the num-''.
                                  ____

  SA 475. Ms. LANDRIEU 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:

       At the end of part A of title I, add the following:

     SEC. 120D. ADEQUACY OF FUNDING OF TARGETED GRANTS TO LOCAL 
                   EDUCATIONAL AGENCIES IN FISCAL YEARS AFTER 
                   FISCAL YEAR 2001.

       (a) Findings.--Congress makes the following findings:
       (1) The current Basic Grant Formula for the distribution of 
     funds under part A of title I of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6311 et seq.), often does 
     not provide funds for the economically disadvantaged students 
     for which such funds are targeted.
       (2) Any school district in which at least two percent of 
     the students live below the poverty level qualifies for 
     funding under the Basic Grant Formula. As a result, 9 out of 
     every 10 school districts in the country receive some form of 
     aid under the Formula.
       (3) Fifty-eight percent of all schools receive at least 
     some funding under title I of the Elementary and Secondary 
     Education Act of 1965, including many suburban schools with 
     predominantly well-off students.
       (4) One out of every 5 schools with concentrations of poor 
     students between 50 and 75 percent receive no funding at all 
     under title I of the Elementary and Secondary Education Act 
     of 1965.
       (5) In passing the Improving America's Schools Act in 1994, 
     Congress declared that grants under title I of the Elementary 
     and Secondary Education Act of 1965 would more sharply target 
     high poverty schools by using the Targeted Grant Formula, but 
     annual appropriation Acts have prevented the use of that 
     Formula.
       (6) The advantage of the Targeted Grant Formula over other 
     funding formulas under title I of the Elementary and 
     Secondary Education Act of 1965 is that the Targeted Grant 
     Formula provides increased grants per poor child as the 
     percentage of economically disadvantaged children in a school 
     district increases.
       (7) Studies have found that the poverty of a child's family 
     is much more likely to be associated with educational 
     disadvantage if the family lives in an area with large 
     concentrations of poor families.
       (8) States with large populations of high poverty students 
     would receive significantly more funding if more funds under 
     title I of the Elementary and Secondary Education Act of 1965 
     were allocated through the Targeted Grant Formula.
       (9) Congress has an obligation to allocate funds under 
     title I of the Elementary and Secondary Education Act of 1965 
     so that such funds will positively affect the largest number 
     of economically disadvantaged students.
       (b) Limitation on Allocation of Title I Funds Contingent on 
     Adequate Funding of Targeted Grants.--Notwithstanding any 
     other provision of law, the total amount allocated in any 
     fiscal year after fiscal year 2001 for programs and 
     activities under part A of title I of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) may 
     not exceed the amount allocated in fiscal year 2001 for such 
     programs and activities unless the amount available for 
     targeted grants to local educational agencies under section 
     1125 of that Act (20 U.S.C. 6335) in the applicable fiscal 
     year is sufficient to meet the purposes of grants under that 
     section.
                                  ____

  SA 476. Mr. BOND 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 763, lines 23, insert ``(including statewide 
     nonprofit organizations)'' after ``organizations''.
       On page 764, line 4, strike ``(including parents of 
     preschool age children)'' and insert ``(including parents of 
     children from birth through age 5)''.
       On page 764, line 17, insert ``(including statewide 
     nonprofit organizations)'' before the comma.
       On page 765, line 4, insert ``and Parents as Teachers 
     organizations'' after ``associations''.
       On page 765, line 14, insert ``(including a statewide 
     nonprofit organization)'' before ``or nonprofit''.
       On page 767, line 23, strike ``part of'' and insert ``at 
     least \1/2\ of''.
       On page 769, line 22, insert ``(such as training related to 
     Parents as Teachers activities)'' before the semicolon.
       On page 770, line 8, strike ``and''.
       On page 770, line 12, strike the period and insert ``; 
     and''.
       On page 770, between lines 12 and 13, insert the following:
       ``(6) to coordinate and integrate early childhood programs 
     with school age programs.
                                  ____

  SA 477. Mr. McCAIN 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.  . SENSE OF THE SENATE REGARDING TRANSMITTAL OF S. 27 TO 
                   HOUSE OF REPRESENTATIVES

       (A) Findings.--The Senate finds that--
       (1) on April 2, 2001, the Senate of the United States 
     passed S. 27, the Bipartisan Campaign Reform Act of 2001, by 
     a vote of 59 to 41;
       (2) it has been over 30 days since the Senate moved to 
     third reading and final passage of S. 27;
       (3) it was then in order for the bill to be engrossed and 
     officially delivered to the House of Representatives of the 
     United States;
       (4) the precedents and traditions of the Senate dictate 
     that bills passed by the Senate are routinely sent in a 
     timely manner to the House of Representatives;
       (5) the will of the majority of the Senate, having voted in 
     favor of campaign finance reform is being unduly thwarted;
       (6) the American people are taught that when a bill passed 
     one body of Congress, it is routinely sent to the other body 
     for consideration; and
       (7) the delay in sending S. 27 to the House of 
     Representatives appears to be an arbitrary action taken to 
     deliberately thwart the will of the majority of the Senate.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that the Secretary of the Senate should properly engross and 
     deliver S. 27 to the House of Representatives without any 
     intervening delay.
                                  ____

  SA 478. Mr. McCAIN (for himself, Mr. Edwards, and Mr. Kennedy) 
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:

               DIVISION II--BIPARTISAN PATIENT PROTECTION

     SEC. 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This division may be cited as the 
     ``Bipartisan Patient Protection Act of 2001''.

[[Page 7636]]

       (b) Table of Contents.--The table of contents of this 
     division is as follows:

Sec. 1. Short title; table of contents.

                    TITLE I--IMPROVING MANAGED CARE

   Subtitle A--Utilization Review; Claims; and Internal and External 
                                Appeals

Sec. 101. Utilization review activities.
Sec. 102. Procedures for initial claims for benefits and prior 
              authorization determinations.
Sec. 103. Internal appeals of claims denials.
Sec. 104. Independent external appeals procedures.

                       Subtitle B--Access to Care

Sec. 111. Consumer choice option.
Sec. 112. Choice of health care professional.
Sec. 113. Access to emergency care.
Sec. 114. Timely access to specialists.
Sec. 115. Patient access to obstetrical and gynecological care.
Sec. 116. Access to pediatric care.
Sec. 117. Continuity of care.
Sec. 118. Access to needed prescription drugs.
Sec. 119. Coverage for individuals participating in approved clinical 
              trials.
Sec. 120. Required coverage for minimum hospital stay for mastectomies 
              and lymph node dissections for the treatment of breast 
              cancer and coverage for secondary consultations.

                   Subtitle C--Access to Information

Sec. 121. Patient access to information.

         Subtitle D--Protecting the Doctor-Patient Relationship

Sec. 131. Prohibition of interference with certain medical 
              communications.
Sec. 132. Prohibition of discrimination against providers based on 
              licensure.
Sec. 133. Prohibition against improper incentive arrangements.
Sec. 134. Payment of claims.
Sec. 135. Protection for patient advocacy.

                        Subtitle E--Definitions

Sec. 151. Definitions.
Sec. 152. Preemption; State flexibility; construction.
Sec. 153. Exclusions.
Sec. 154. Coverage of limited scope plans.
Sec. 155. Regulations.
Sec. 156. Incorporation into plan or coverage documents.

 TITLE II--APPLICATION OF QUALITY CARE STANDARDS TO GROUP HEALTH PLANS 
   AND HEALTH INSURANCE COVERAGE UNDER THE PUBLIC HEALTH SERVICE ACT

Sec. 201. Application to group health plans and group health insurance 
              coverage.
Sec. 202. Application to individual health insurance coverage.

TITLE III--AMENDMENTS TO THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 
                                  1974

Sec. 301. Application of patient protection standards to group health 
              plans and group health insurance coverage under the 
              Employee Retirement Income Security Act of 1974.
Sec. 302. Availability of civil remedies.
Sec. 303. Limitations on actions.

       TITLE IV--AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986

Sec. 401. Application of requirements to group health plans under the 
              Internal Revenue Code of 1986.
Sec. 402. Conforming enforcement for women's health and cancer rights.

        TITLE V--EFFECTIVE DATES; COORDINATION IN IMPLEMENTATION

Sec. 501. Effective dates.
Sec. 502. Coordination in implementation.
Sec. 503. Severability.

                    TITLE I--IMPROVING MANAGED CARE

   Subtitle A--Utilization Review; Claims; and Internal and External 
                                Appeals

     SEC. 101. UTILIZATION REVIEW ACTIVITIES.

       (a) Compliance With Requirements.--
       (1) In general.--A group health plan, and a health 
     insurance issuer that provides health insurance coverage, 
     shall conduct utilization review activities in connection 
     with the provision of benefits under such plan or coverage 
     only in accordance with a utilization review program that 
     meets the requirements of this section and section 102.
       (2) Use of outside agents.--Nothing in this section shall 
     be construed as preventing a group health plan or health 
     insurance issuer from arranging through a contract or 
     otherwise for persons or entities to conduct utilization 
     review activities on behalf of the plan or issuer, so long as 
     such activities are conducted in accordance with a 
     utilization review program that meets the requirements of 
     this section.
       (3) Utilization review defined.--For purposes of this 
     section, the terms ``utilization review'' and ``utilization 
     review activities'' mean procedures used to monitor or 
     evaluate the use or coverage, clinical necessity, 
     appropriateness, efficacy, or efficiency of health care 
     services, procedures or settings, and includes prospective 
     review, concurrent review, second opinions, case management, 
     discharge planning, or retrospective review.
       (b) Written Policies and Criteria.--
       (1) Written policies.--A utilization review program shall 
     be conducted consistent with written policies and procedures 
     that govern all aspects of the program.
       (2) Use of written criteria.--
       (A) In general.--Such a program shall utilize written 
     clinical review criteria developed with input from a range of 
     appropriate actively practicing health care professionals, as 
     determined by the plan, pursuant to the program. Such 
     criteria shall include written clinical review criteria that 
     are based on valid clinical evidence where available and that 
     are directed specifically at meeting the needs of at-risk 
     populations and covered individuals with chronic conditions 
     or severe illnesses, including gender-specific criteria and 
     pediatric-specific criteria where available and appropriate.
       (B) Continuing use of standards in retrospective review.--
     If a health care service has been specifically pre-authorized 
     or approved for a participant, beneficiary, or enrollee under 
     such a program, the program shall not, pursuant to 
     retrospective review, revise or modify the specific 
     standards, criteria, or procedures used for the utilization 
     review for procedures, treatment, and services delivered to 
     the enrollee during the same course of treatment.
       (C) Review of sample of claims denials.--Such a program 
     shall provide for a periodic evaluation of the clinical 
     appropriateness of at least a sample of denials of claims for 
     benefits.
       (c) Conduct of Program Activities.--
       (1) Administration by health care professionals.--A 
     utilization review program shall be administered by qualified 
     health care professionals who shall oversee review decisions.
       (2) Use of qualified, independent personnel.--
       (A) In general.--A utilization review program shall provide 
     for the conduct of utilization review activities only through 
     personnel who are qualified and have received appropriate 
     training in the conduct of such activities under the program.
       (B) Prohibition of contingent compensation arrangements.--
     Such a program shall not, with respect to utilization review 
     activities, permit or provide compensation or anything of 
     value to its employees, agents, or contractors in a manner 
     that encourages denials of claims for benefits.
       (C) Prohibition of conflicts.--Such a program shall not 
     permit a health care professional who is providing health 
     care services to an individual to perform utilization review 
     activities in connection with the health care services being 
     provided to the individual.
       (3) Accessibility of review.--Such a program shall provide 
     that appropriate personnel performing utilization review 
     activities under the program, including the utilization 
     review administrator, are reasonably accessible by toll-free 
     telephone during normal business hours to discuss patient 
     care and allow response to telephone requests, and that 
     appropriate provision is made to receive and respond promptly 
     to calls received during other hours.
       (4) Limits on frequency.--Such a program shall not provide 
     for the performance of utilization review activities with 
     respect to a class of services furnished to an individual 
     more frequently than is reasonably required to assess whether 
     the services under review are medically necessary and 
     appropriate.

     SEC. 102. PROCEDURES FOR INITIAL CLAIMS FOR BENEFITS AND 
                   PRIOR AUTHORIZATION DETERMINATIONS.

       (a) Procedures of Initial Claims for Benefits.--
       (1) In general.--A group health plan, or health insurance 
     issuer offering health insurance coverage, shall--
       (A) make a determination on an initial claim for benefits 
     by a participant, beneficiary, or enrollee (or authorized 
     representative) regarding payment or coverage for items or 
     services under the terms and conditions of the plan or 
     coverage involved, including any cost-sharing amount that the 
     participant, beneficiary, or enrollee is required to pay with 
     respect to such claim for benefits; and
       (B) notify a participant, beneficiary, or enrollee (or 
     authorized representative) and the treating health care 
     professional involved regarding a determination on an initial 
     claim for benefits made under the terms and conditions of the 
     plan or coverage, including any cost-sharing amounts that the 
     participant, beneficiary, or enrollee may be required to make 
     with respect to such claim for benefits, and of the right of 
     the participant, beneficiary, or enrollee to an internal 
     appeal under section 103.
       (2) Access to information.--
       (A) Timely provision of necessary information.--With 
     respect to an initial claim for benefits, the participant, 
     beneficiary, or enrollee (or authorized representative) and 
     the treating health care professional (if any) shall provide 
     the plan or issuer with access to information requested by 
     the plan or issuer that is necessary to make a determination 
     relating to the claim. Such access shall be provided not 
     later than 5 days after the date on which the request for 
     information is received, or, in a case described in 
     subparagraph (B) or (C) of subsection (b)(1), by such earlier 
     time as may be necessary to comply with the applicable 
     timeline under such subparagraph.

[[Page 7637]]

       (B) Limited effect of failure on plan or issuer's 
     obligations.--Failure of the participant, beneficiary, or 
     enrollee to comply with the requirements of subparagraph (A) 
     shall not remove the obligation of the plan or issuer to make 
     a decision in accordance with the medical exigencies of the 
     case and as soon as possible, based on the available 
     information, and failure to comply with the time limit 
     established by this paragraph shall not remove the obligation 
     of the plan or issuer to comply with the requirements of this 
     section.
       (3) Oral requests.--In the case of a claim for benefits 
     involving an expedited or concurrent determination, a 
     participant, beneficiary, or enrollee (or authorized 
     representative) may make an initial claim for benefits 
     orally, but a group health plan, or health insurance issuer 
     offering health insurance coverage, may require that the 
     participant, beneficiary, or enrollee (or authorized 
     representative) provide written confirmation of such request 
     in a timely manner on a form provided by the plan or issuer. 
     In the case of such an oral request for benefits, the making 
     of the request (and the timing of such request) shall be 
     treated as the making at that time of a claims for such 
     benefits without regard to whether and when a written 
     confirmation of such request is made.
       (b) Timeline for Making Determinations.--
       (1) Prior authorization determination.--
       (A) In general.--A group health plan, or health insurance 
     issuer offering health insurance coverage, shall make a prior 
     authorization determination on a claim for benefits (whether 
     oral or written) in accordance with the medical exigencies of 
     the case and as soon as possible, but in no case later than 
     14 days from the date on which the plan or issuer receives 
     information that is reasonably necessary to enable the plan 
     or issuer to make a determination on the request for prior 
     authorization and in no case later than 28 days after the 
     date of the claim for benefits is received.
       (B) Expedited determination.--Notwithstanding subparagraph 
     (A), a group health plan, or health insurance issuer offering 
     health insurance coverage, shall expedite a prior 
     authorization determination on a claim for benefits described 
     in such subparagraph when a request for such an expedited 
     determination is made by a participant, beneficiary, or 
     enrollee (or authorized representative) at any time during 
     the process for making a determination and a health care 
     professional certifies, with the request, that a 
     determination under the procedures described in subparagraph 
     (A) would seriously jeopardize the life or health of the 
     participant, beneficiary, or enrollee or the ability of the 
     participant, beneficiary, or enrollee to maintain or regain 
     maximum function. Such determination shall be made in 
     accordance with the medical exigencies of the case and as 
     soon as possible, but in no case later than 72 hours after 
     the time the request is received by the plan or issuer under 
     this subparagraph.
       (C) Ongoing care.--
       (i) Concurrent review.--

       (I) In general.--Subject to clause (ii), in the case of a 
     concurrent review of ongoing care (including 
     hospitalization), which results in a termination or reduction 
     of such care, the plan or issuer must provide by telephone 
     and in printed form notice of the concurrent review 
     determination to the individual or the individual's designee 
     and the individual's health care provider in accordance with 
     the medical exigencies of the case and as soon as possible, 
     with sufficient time prior to the termination or reduction to 
     allow for an appeal under section 103(b)(3) to be completed 
     before the termination or reduction takes effect.
       (II) Contents of notice.--Such notice shall include, with 
     respect to ongoing health care items and services, the number 
     of ongoing services approved, the new total of approved 
     services, the date of onset of services, and the next review 
     date, if any, as well as a statement of the individual's 
     rights to further appeal.

       (ii) Rule of construction.--Clause (i) shall not be 
     construed as requiring plans or issuers to provide coverage 
     of care that would exceed the coverage limitations for such 
     care.
       (2) Retrospective determination.--A group health plan, or 
     health insurance issuer offering health insurance coverage, 
     shall make a retrospective determination on a claim for 
     benefits in accordance with the medical exigencies of the 
     case and as soon as possible, but not later than 30 days 
     after the date on which the plan or issuer receives 
     information that is reasonably necessary to enable the plan 
     or issuer to make a determination on the claim, or, if 
     earlier, 60 days after the date of receipt of the claim for 
     benefits.
       (c) Notice of a Denial of a Claim for Benefits.--Written 
     notice of a denial made under an initial claim for benefits 
     shall be issued to the participant, beneficiary, or enrollee 
     (or authorized representative) and the treating health care 
     professional in accordance with the medical exigencies of the 
     case and as soon as possible, but in no case later than 2 
     days after the date of the determination (or, in the case 
     described in subparagraph (B) or (C) of subsection (b)(1), 
     within the 72-hour or applicable period referred to in such 
     subparagraph).
       (d) Requirements of Notice of Determinations.--The written 
     notice of a denial of a claim for benefits determination 
     under subsection (c) shall be provided in printed form and 
     written in a manner calculated to be understood by the 
     average participant, beneficiary, or enrollee and shall 
     include--
       (1) the specific reasons for the determination (including a 
     summary of the clinical or scientific evidence used in making 
     the determination);
       (2) the procedures for obtaining additional information 
     concerning the determination; and
       (3) notification of the right to appeal the determination 
     and instructions on how to initiate an appeal in accordance 
     with section 103.
       (e) Definitions.--For purposes of this part:
       (1) Authorized representative.--The term ``authorized 
     representative'' means, with respect to an individual who is 
     a participant, beneficiary, or enrollee, any health care 
     professional or other person acting on behalf of the 
     individual with the individual's consent or without such 
     consent if the individual is medically unable to provide such 
     consent.
       (2) Claim for benefits.--The term ``claim for benefits'' 
     means any request for coverage (including authorization of 
     coverage), for eligibility, or for payment in whole or in 
     part, for an item or service under a group health plan or 
     health insurance coverage.
       (3) Denial of claim for benefits.--The term ``denial'' 
     means, with respect to a claim for benefits, a denial (in 
     whole or in part) of, or a failure to act on a timely basis 
     upon, the claim for benefits and includes a failure to 
     provide benefits (including items and services) required to 
     be provided under this title.
       (4) Treating health care professional.--The term ``treating 
     health care professional'' means, with respect to services to 
     be provided to a participant, beneficiary, or enrollee, a 
     health care professional who is primarily responsible for 
     delivering those services to the participant, beneficiary, or 
     enrollee.

     SEC. 103. INTERNAL APPEALS OF CLAIMS DENIALS.

       (a) Right to Internal Appeal.--
       (1) In general.--A participant, beneficiary, or enrollee 
     (or authorized representative) may appeal any denial of a 
     claim for benefits under section 102 under the procedures 
     described in this section.
       (2) Time for appeal.--
       (A) In general.--A group health plan, or health insurance 
     issuer offering health insurance coverage, shall ensure that 
     a participant, beneficiary, or enrollee (or authorized 
     representative) has a period of not less than 180 days 
     beginning on the date of a denial of a claim for benefits 
     under section 102 in which to appeal such denial under this 
     section.
       (B) Date of denial.--For purposes of subparagraph (A), the 
     date of the denial shall be deemed to be the date as of which 
     the participant, beneficiary, or enrollee knew of the denial 
     of the claim for benefits.
       (3) Failure to act.--The failure of a plan or issuer to 
     issue a determination on a claim for benefits under section 
     102 within the applicable timeline established for such a 
     determination under such section is a denial of a claim for 
     benefits for purposes this subtitle as of the date of the 
     applicable deadline.
       (4) Plan waiver of internal review.--A group health plan, 
     or health insurance issuer offering health insurance 
     coverage, may waive the internal review process under this 
     section. In such case the plan or issuer shall provide notice 
     to the participant, beneficiary, or enrollee (or authorized 
     representative) involved, the participant, beneficiary, or 
     enrollee (or authorized representative) involved shall be 
     relieved of any obligation to complete the internal review 
     involved, and may, at the option of such participant, 
     beneficiary, enrollee, or representative proceed directly to 
     seek further appeal through external review under section 104 
     or otherwise.
       (b) Timelines for Making Determinations.--
       (1) Oral requests.--In the case of an appeal of a denial of 
     a claim for benefits under this section that involves an 
     expedited or concurrent determination, a participant, 
     beneficiary, or enrollee (or authorized representative) may 
     request such appeal orally. A group health plan, or health 
     insurance issuer offering health insurance coverage, may 
     require that the participant, beneficiary, or enrollee (or 
     authorized representative) provide written confirmation of 
     such request in a timely manner on a form provided by the 
     plan or issuer. In the case of such an oral request for an 
     appeal of a denial, the making of the request (and the timing 
     of such request) shall be treated as the making at that time 
     of a request for an appeal without regard to whether and when 
     a written confirmation of such request is made.
       (2) Access to information.--
       (A) Timely provision of necessary information.--With 
     respect to an appeal of a denial of a claim for benefits, the 
     participant, beneficiary, or enrollee (or authorized 
     representative) and the treating health care professional (if 
     any) shall provide the plan or

[[Page 7638]]

     issuer with access to information requested by the plan or 
     issuer that is necessary to make a determination relating to 
     the appeal. Such access shall be provided not later than 5 
     days after the date on which the request for information is 
     received, or, in a case described in subparagraph (B) or (C) 
     of paragraph (3), by such earlier time as may be necessary to 
     comply with the applicable timeline under such subparagraph.
       (B) Limited effect of failure on plan or issuer's 
     obligations.--Failure of the participant, beneficiary, or 
     enrollee to comply with the requirements of subparagraph (A) 
     shall not remove the obligation of the plan or issuer to make 
     a decision in accordance with the medical exigencies of the 
     case and as soon as possible, based on the available 
     information, and failure to comply with the time limit 
     established by this paragraph shall not remove the obligation 
     of the plan or issuer to comply with the requirements of this 
     section.
       (3) Prior authorization determinations.--
       (A) In general.--A group health plan, or health insurance 
     issuer offering health insurance coverage, shall make a 
     determination on an appeal of a denial of a claim for 
     benefits under this subsection in accordance with the medical 
     exigencies of the case and as soon as possible, but in no 
     case later than 14 days from the date on which the plan or 
     issuer receives information that is reasonably necessary to 
     enable the plan or issuer to make a determination on the 
     appeal and in no case later than 28 days after the date the 
     request for the appeal is received.
       (B) Expedited determination.--Notwithstanding subparagraph 
     (A), a group health plan, or health insurance issuer offering 
     health insurance coverage, shall expedite a prior 
     authorization determination on an appeal of a denial of a 
     claim for benefits described in subparagraph (A), when a 
     request for such an expedited determination is made by a 
     participant, beneficiary, or enrollee (or authorized 
     representative) at any time during the process for making a 
     determination and a health care professional certifies, with 
     the request, that a determination under the procedures 
     described in subparagraph (A) would seriously jeopardize the 
     life or health of the participant, beneficiary, or enrollee 
     or the ability of the participant, beneficiary, or enrollee 
     to maintain or regain maximum function. Such determination 
     shall be made in accordance with the medical exigencies of 
     the case and as soon as possible, but in no case later than 
     72 hours after the time the request for such appeal is 
     received by the plan or issuer under this subparagraph.
       (C) Ongoing care determinations.--
       (i) In general.--Subject to clause (ii), in the case of a 
     concurrent review determination described in section 
     102(b)(1)(C)(i)(I), which results in a termination or 
     reduction of such care, the plan or issuer must provide 
     notice of the determination on the appeal under this section 
     by telephone and in printed form to the individual or the 
     individual's designee and the individual's health care 
     provider in accordance with the medical exigencies of the 
     case and as soon as possible, with sufficient time prior to 
     the termination or reduction to allow for an external appeal 
     under section 104 to be completed before the termination or 
     reduction takes effect.
       (ii) Rule of construction.--Clause (i) shall not be 
     construed as requiring plans or issuers to provide coverage 
     of care that would exceed the coverage limitations for such 
     care.
       (4) Retrospective determination.--A group health plan, or 
     health insurance issuer offering health insurance coverage, 
     shall make a retrospective determination on an appeal of a 
     claim for benefits in no case later than 30 days after the 
     date on which the plan or issuer receives necessary 
     information that is reasonably necessary to enable the plan 
     or issuer to make a determination on the appeal and in no 
     case later than 60 days after the date the request for the 
     appeal is received.
       (c) Conduct of Review.--
       (1) In general.--A review of a denial of a claim for 
     benefits under this section shall be conducted by an 
     individual with appropriate expertise who was not involved in 
     the initial determination.
       (2) Review of medical decisions by physicians.--A review of 
     an appeal of a denial of a claim for benefits that is based 
     on a lack of medical necessity and appropriateness, or based 
     on an experimental or investigational treatment, or requires 
     an evaluation of medical facts, shall be made by a physician 
     (allopathic or osteopathic) with appropriate expertise 
     (including, in the case of a child, appropriate pediatric 
     expertise) who was not involved in the initial determination.
       (d) Notice of Determination.--
       (1) In general.--Written notice of a determination made 
     under an internal appeal of a denial of a claim for benefits 
     shall be issued to the participant, beneficiary, or enrollee 
     (or authorized representative) and the treating health care 
     professional in accordance with the medical exigencies of the 
     case and as soon as possible, but in no case later than 2 
     days after the date of completion of the review (or, in the 
     case described in subparagraph (B) or (C) of subsection 
     (b)(3), within the 72-hour or applicable period referred to 
     in such subparagraph).
       (2) Final determination.--The decision by a plan or issuer 
     under this section shall be treated as the final 
     determination of the plan or issuer on a denial of a claim 
     for benefits. The failure of a plan or issuer to issue a 
     determination on an appeal of a denial of a claim for 
     benefits under this section within the applicable timeline 
     established for such a determination shall be treated as a 
     final determination on an appeal of a denial of a claim for 
     benefits for purposes of proceeding to external review under 
     section 104.
       (3) Requirements of notice.--With respect to a 
     determination made under this section, the notice described 
     in paragraph (1) shall be provided in printed form and 
     written in a manner calculated to be understood by the 
     average participant, beneficiary, or enrollee and shall 
     include--
       (A) the specific reasons for the determination (including a 
     summary of the clinical or scientific evidence used in making 
     the determination);
       (B) the procedures for obtaining additional information 
     concerning the determination; and
       (C) notification of the right to an independent external 
     review under section 104 and instructions on how to initiate 
     such a review.

     SEC. 104. INDEPENDENT EXTERNAL APPEALS PROCEDURES.

       (a) Right to External Appeal.--A group health plan, and a 
     health insurance issuer offering health insurance coverage, 
     shall provide in accordance with this section participants, 
     beneficiaries, and enrollees (or authorized representatives) 
     with access to an independent external review for any denial 
     of a claim for benefits.
       (b) Initiation of the Independent External Review 
     Process.--
       (1) Time to file.--A request for an independent external 
     review under this section shall be filed with the plan or 
     issuer not later than 180 days after the date on which the 
     participant, beneficiary, or enrollee receives notice of the 
     denial under section 103(d) or notice of waiver of internal 
     review under section 103(a)(4) or the date on which the plan 
     or issuer has failed to make a timely decision under section 
     103(d)(2) and notifies the participant or beneficiary that it 
     has failed to make a timely decision and that the beneficiary 
     must file an appeal with an external review entity within 180 
     days if the participant or beneficiary desires to file such 
     an appeal.
       (2) Filing of request.--
       (A) In general.--Subject to the succeeding provisions of 
     this subsection, a group health plan, and a health insurance 
     issuer offering health insurance coverage, may--
       (i) except as provided in subparagraph (B)(i), require that 
     a request for review be in writing;
       (ii) limit the filing of such a request to the participant, 
     beneficiary, or enrollee involved (or an authorized 
     representative);
       (iii) except if waived by the plan or issuer under section 
     103(a)(4), condition access to an independent external review 
     under this section upon a final determination of a denial of 
     a claim for benefits under the internal review procedure 
     under section 103;
       (iv) except as provided in subparagraph (B)(ii), require 
     payment of a filing fee to the plan or issuer of a sum that 
     does not exceed $25; and
       (v) require that a request for review include the consent 
     of the participant, beneficiary, or enrollee (or authorized 
     representative) for the release of necessary medical 
     information or records of the participant, beneficiary, or 
     enrollee to the qualified external review entity only for 
     purposes of conducting external review activities.
       (B) Requirements and exception relating to general rule.--
       (i) Oral requests permitted in expedited or concurrent 
     cases.--In the case of an expedited or concurrent external 
     review as provided for under subsection (e), the request may 
     be made orally. A group health plan, or health insurance 
     issuer offering health insurance coverage, may require that 
     the participant, beneficiary, or enrollee (or authorized 
     representative) provide written confirmation of such request 
     in a timely manner on a form provided by the plan or issuer. 
     Such written confirmation shall be treated as a consent for 
     purposes of subparagraph (A)(v). In the case of such an oral 
     request for such a review, the making of the request (and the 
     timing of such request) shall be treated as the making at 
     that time of a request for such an external review without 
     regard to whether and when a written confirmation of such 
     request is made.
       (ii) Exception to filing fee requirement.--

       (I) Indigency.--Payment of a filing fee shall not be 
     required under subparagraph (A)(iv) where there is a 
     certification (in a form and manner specified in guidelines 
     established by the appropriate Secretary) that the 
     participant, beneficiary, or enrollee is indigent (as defined 
     in such guidelines).
       (II) Fee not required.--Payment of a filing fee shall not 
     be required under subparagraph (A)(iv) if the plan or issuer 
     waives the internal appeals process under section 103(a)(4).
       (III) Refunding of fee.--The filing fee paid under 
     subparagraph (A)(iv) shall be refunded if the determination 
     under the independent external review is to reverse or modify 
     the denial which is the subject of the review.

[[Page 7639]]

       (IV) Collection of filing fee.--The failure to pay such a 
     filing fee shall not prevent the consideration of a request 
     for review but, subject to the preceding provisions of this 
     clause, shall constitute a legal liability to pay.

       (c) Referral to Qualified External Review Entity Upon 
     Request.--
       (1) In general.--Upon the filing of a request for 
     independent external review with the group health plan, or 
     health insurance issuer offering health insurance coverage, 
     the plan or issuer shall immediately refer such request, and 
     forward the plan or issuer's initial decision (including the 
     information described in section 103(d)(3)(A)), to a 
     qualified external review entity selected in accordance with 
     this section.
       (2) Access to plan or issuer and health professional 
     information.--With respect to an independent external review 
     conducted under this section, the participant, beneficiary, 
     or enrollee (or authorized representative), the plan or 
     issuer, and the treating health care professional (if any) 
     shall provide the external review entity with information 
     that is necessary to conduct a review under this section, as 
     determined and requested by the entity. Such information 
     shall be provided not later than 5 days after the date on 
     which the request for information is received, or, in a case 
     described in clause (ii) or (iii) of subsection (e)(1)(A), by 
     such earlier time as may be necessary to comply with the 
     applicable timeline under such clause.
       (3) Screening of requests by qualified external review 
     entities.--
       (A) In general.--With respect to a request referred to a 
     qualified external review entity under paragraph (1) relating 
     to a denial of a claim for benefits, the entity shall refer 
     such request for the conduct of an independent medical review 
     unless the entity determines that--
       (i) any of the conditions described in clauses (ii) or 
     (iii) of subsection (b)(2)(A) have not been met;
       (ii) the denial of the claim for benefits does not involve 
     a medically reviewable decision under subsection (d)(2);
       (iii) the denial of the claim for benefits relates to a 
     decision regarding whether an individual is a participant, 
     beneficiary, or enrollee who is enrolled under the terms and 
     conditions of the plan or coverage (including the 
     applicability of any waiting period under the plan or 
     coverage); or
       (iv) the denial of the claim for benefits is a decision as 
     to the application of cost-sharing requirements or the 
     application of a specific exclusion or express limitation on 
     the amount, duration, or scope of coverage of items or 
     services under the terms and conditions of the plan or 
     coverage unless the decision is a denial described in 
     subsection (d)(2).

     Upon making a determination that any of clauses (i) through 
     (iv) applies with respect to the request, the entity shall 
     determine that the denial of a claim for benefits involved is 
     not eligible for independent medical review under subsection 
     (d), and shall provide notice in accordance with subparagraph 
     (C).
       (B) Process for making determinations.--
       (i) No deference to prior determinations.--In making 
     determinations under subparagraph (A), there shall be no 
     deference given to determinations made by the plan or issuer 
     or the recommendation of a treating health care professional 
     (if any).
       (ii) Use of appropriate personnel.--A qualified external 
     review entity shall use appropriately qualified personnel to 
     make determinations under this section.
       (C) Notices and general timelines for determination.--
       (i) Notice in case of denial of referral.--If the entity 
     under this paragraph does not make a referral to an 
     independent medical reviewer, the entity shall provide notice 
     to the plan or issuer, the participant, beneficiary, or 
     enrollee (or authorized representative) filing the request, 
     and the treating health care professional (if any) that the 
     denial is not subject to independent medical review. Such 
     notice--

       (I) shall be written (and, in addition, may be provided 
     orally) in a manner calculated to be understood by an average 
     participant or enrollee;
       (II) shall include the reasons for the determination;
       (III) include any relevant terms and conditions of the plan 
     or coverage; and
       (IV) include a description of any further recourse 
     available to the individual.

       (ii) General timeline for determinations.--Upon receipt of 
     information under paragraph (2), the qualified external 
     review entity, and if required the independent medical 
     reviewer, shall make a determination within the overall 
     timeline that is applicable to the case under review as 
     described in subsection (e), except that if the entity 
     determines that a referral to an independent medical reviewer 
     is not required, the entity shall provide notice of such 
     determination to the participant, beneficiary, or enrollee 
     (or authorized representative) within such timeline and 
     within 2 days of the date of such determination.
       (d) Independent Medical Review.--
       (1) In general.--If a qualified external review entity 
     determines under subsection (c) that a denial of a claim for 
     benefits is eligible for independent medical review, the 
     entity shall refer the denial involved to an independent 
     medical reviewer for the conduct of an independent medical 
     review under this subsection.
       (2) Medically reviewable decisions.--A denial of a claim 
     for benefits is eligible for independent medical review if 
     the benefit for the item or service for which the claim is 
     made would be a covered benefit under the terms and 
     conditions of the plan or coverage but for one (or more) of 
     the following determinations:
       (A) Denials based on medical necessity and 
     appropriateness.--A determination that the item or service is 
     not covered because it is not medically necessary and 
     appropriate or based on the application of substantially 
     equivalent terms.
       (B) Denials based on experimental or investigational 
     treatment.--A determination that the item or service is not 
     covered because it is experimental or investigational or 
     based on the application of substantially equivalent terms.
       (C) Denials otherwise based on an evaluation of medical 
     facts.--A determination that the item or service or condition 
     is not covered based on grounds that require an evaluation of 
     the medical facts by a health care professional in the 
     specific case involved to determine the coverage and extent 
     of coverage of the item or service or condition.
       (3) Independent medical review determination.--
       (A) In general.--An independent medical reviewer under this 
     section shall make a new independent determination with 
     respect to whether or not the denial of a claim for a benefit 
     that is the subject of the review should be upheld, reversed, 
     or modified.
       (B) Standard for determination.--The independent medical 
     reviewer's determination relating to the medical necessity 
     and appropriateness, or the experimental or investigation 
     nature, or the evaluation of the medical facts of the item, 
     service, or condition shall be based on the medical condition 
     of the participant, beneficiary, or enrollee (including the 
     medical records of the participant, beneficiary, or enrollee) 
     and valid, relevant scientific evidence and clinical 
     evidence, including peer-reviewed medical literature or 
     findings and including expert opinion.
       (C) No coverage for excluded benefits.--Nothing in this 
     subsection shall be construed to permit an independent 
     medical reviewer to require that a group health plan, or 
     health insurance issuer offering health insurance coverage, 
     provide coverage for items or services for which benefits are 
     specifically excluded or expressly limited under the plan or 
     coverage in the plain language of the plan document (and 
     which are disclosed under section 121(b)(1)(C)) except to the 
     extent that the application or interpretation of the 
     exclusion or limitation involves a determination described in 
     paragraph (2).
       (D) Evidence and information to be used in medical 
     reviews.--In making a determination under this subsection, 
     the independent medical reviewer shall also consider 
     appropriate and available evidence and information, including 
     the following:
       (i) The determination made by the plan or issuer with 
     respect to the claim upon internal review and the evidence, 
     guidelines, or rationale used by the plan or issuer in 
     reaching such determination.
       (ii) The recommendation of the treating health care 
     professional and the evidence, guidelines, and rationale used 
     by the treating health care professional in reaching such 
     recommendation.
       (iii) Additional relevant evidence or information obtained 
     by the reviewer or submitted by the plan, issuer, 
     participant, beneficiary, or enrollee (or an authorized 
     representative), or treating health care professional.
       (iv) The plan or coverage document.
       (E) Independent determination.--In making determinations 
     under this subtitle, a qualified external review entity and 
     an independent medical reviewer shall--
       (i) consider the claim under review without deference to 
     the determinations made by the plan or issuer or the 
     recommendation of the treating health care professional (if 
     any); and
       (ii) consider, but not be bound by the definition used by 
     the plan or issuer of ``medically necessary and 
     appropriate'', or ``experimental or investigational'', or 
     other substantially equivalent terms that are used by the 
     plan or issuer to describe medical necessity and 
     appropriateness or experimental or investigational nature of 
     the treatment.
       (F) Determination of independent medical reviewer.--An 
     independent medical reviewer shall, in accordance with the 
     deadlines described in subsection (e), prepare a written 
     determination to uphold, reverse, or modify the denial under 
     review. Such written determination shall include--
       (i) the determination of the reviewer;
       (ii) the specific reasons of the reviewer for such 
     determination, including a summary of the clinical or 
     scientific evidence used in making the determination; and
       (iii) with respect to a determination to reverse or modify 
     the denial under review, a timeframe within which the plan or 
     issuer must comply with such determination.

[[Page 7640]]

       (G) Nonbinding nature of additional recommendations.--In 
     addition to the determination under subparagraph (F), the 
     reviewer may provide the plan or issuer and the treating 
     health care professional with additional recommendations in 
     connection with such a determination, but any such 
     recommendations shall not affect (or be treated as part of) 
     the determination and shall not be binding on the plan or 
     issuer.
       (e) Timelines and Notifications.--
       (1) Timelines for independent medical review.--
       (A) Prior authorization determination.--
       (i) In general.--The independent medical reviewer (or 
     reviewers) shall make a determination on a denial of a claim 
     for benefits that is referred to the reviewer under 
     subsection (c)(3) in accordance with the medical exigencies 
     of the case and as soon as possible, but in no case later 
     than 14 days after the date of receipt of information under 
     subsection (c)(2) if the review involves a prior 
     authorization of items or services and in no case later than 
     21 days after the date the request for external review is 
     received.
       (ii) Expedited determination.--Notwithstanding clause (i) 
     and subject to clause (iii), the independent medical reviewer 
     (or reviewers) shall make an expedited determination on a 
     denial of a claim for benefits described in clause (i), when 
     a request for such an expedited determination is made by a 
     participant, beneficiary, or enrollee (or authorized 
     representative) at any time during the process for making a 
     determination, and a health care professional certifies, with 
     the request, that a determination under the timeline 
     described in clause (i) would seriously jeopardize the life 
     or health of the participant, beneficiary, or enrollee or the 
     ability of the participant, beneficiary, or enrollee to 
     maintain or regain maximum function. Such determination shall 
     be made as soon in accordance with the medical exigencies of 
     the case and as soon as possible, but in no case later than 
     72 hours after the time the request for external review is 
     received by the qualified external review entity.
       (iii) Ongoing care determination.--Notwithstanding clause 
     (i), in the case of a review described in such subclause that 
     involves a termination or reduction of care, the notice of 
     the determination shall be completed not later than 24 hours 
     after the time the request for external review is received by 
     the qualified external review entity and before the end of 
     the approved period of care.
       (B) Retrospective determination.--The independent medical 
     reviewer (or reviewers) shall complete a review in the case 
     of a retrospective determination on an appeal of a denial of 
     a claim for benefits that is referred to the reviewer under 
     subsection (c)(3) in no case later than 30 days after the 
     date of receipt of information under subsection (c)(2) and in 
     no case later than 60 days after the date the request for 
     external review is received by the qualified external review 
     entity.
       (2) Notification of determination.--The external review 
     entity shall ensure that the plan or issuer, the participant, 
     beneficiary, or enrollee (or authorized representative) and 
     the treating health care professional (if any) receives a 
     copy of the written determination of the independent medical 
     reviewer prepared under subsection (d)(3)(F). Nothing in this 
     paragraph shall be construed as preventing an entity or 
     reviewer from providing an initial oral notice of the 
     reviewer's determination.
       (3) Form of notices.--Determinations and notices under this 
     subsection shall be written in a manner calculated to be 
     understood by an average participant.
       (f) Compliance.--
       (1) Application of determinations.--
       (A) External review determinations binding on plan.--The 
     determinations of an external review entity and an 
     independent medical reviewer under this section shall be 
     binding upon the plan or issuer involved.
       (B) Compliance with determination.--If the determination of 
     an independent medical reviewer is to reverse or modify the 
     denial, the plan or issuer, upon the receipt of such 
     determination, shall authorize coverage to comply with the 
     medical reviewer's determination in accordance with the 
     timeframe established by the medical reviewer.
       (2) Failure to comply.--
       (A) In general.--If a plan or issuer fails to comply with 
     the timeframe established under paragraph (1)(B) with respect 
     to a participant, beneficiary, or enrollee, where such 
     failure to comply is caused by the plan or issuer, the 
     participant, beneficiary, or enrollee may obtain the items or 
     services involved (in a manner consistent with the 
     determination of the independent external reviewer) from any 
     provider regardless of whether such provider is a 
     participating provider under the plan or coverage.
       (B) Reimbursement.--
       (i) In general.--Where a participant, beneficiary, or 
     enrollee obtains items or services in accordance with 
     subparagraph (A), the plan or issuer involved shall provide 
     for reimbursement of the costs of such items or services. 
     Such reimbursement shall be made to the treating health care 
     professional or to the participant, beneficiary, or enrollee 
     (in the case of a participant, beneficiary, or enrollee who 
     pays for the costs of such items or services).
       (ii) Amount.--The plan or issuer shall fully reimburse a 
     professional, participant, beneficiary, or enrollee under 
     clause (i) for the total costs of the items or services 
     provided (regardless of any plan limitations that may apply 
     to the coverage of such items or services) so long as the 
     items or services were provided in a manner consistent with 
     the determination of the independent medical reviewer.
       (C) Failure to reimburse.--Where a plan or issuer fails to 
     provide reimbursement to a professional, participant, 
     beneficiary, or enrollee in accordance with this paragraph, 
     the professional, participant, beneficiary, or enrollee may 
     commence a civil action (or utilize other remedies available 
     under law) to recover only the amount of any such 
     reimbursement that is owed by the plan or issuer and any 
     necessary legal costs or expenses (including attorney's fees) 
     incurred in recovering such reimbursement.
       (D) Available remedies.--The remedies provided under this 
     paragraph are in addition to any other available remedies.
       (3) Penalties against authorized officials for refusing to 
     authorize the determination of an external review entity.--
       (A) Monetary penalties.--
       (i) In general.--In any case in which the determination of 
     an external review entity is not followed by a group health 
     plan, or by a health insurance issuer offering health 
     insurance coverage, any person who, acting in the capacity of 
     authorizing the benefit, causes such refusal may, in the 
     discretion in a court of competent jurisdiction, be liable to 
     an aggrieved participant, beneficiary, or enrollee for a 
     civil penalty in an amount of up to $1,000 a day from the 
     date on which the determination was transmitted to the plan 
     or issuer by the external review entity until the date the 
     refusal to provide the benefit is corrected.
       (ii) Additional penalty for failing to follow timeline.--In 
     any case in which treatment was not commenced by the plan in 
     accordance with the determination of an independent external 
     reviewer, the Secretary shall assess a civil penalty of 
     $10,000 against the plan and the plan shall pay such penalty 
     to the participant, beneficiary, or enrollee involved.
       (B) Cease and desist order and order of attorney's fees.--
     In any action described in subparagraph (A) brought by a 
     participant, beneficiary, or enrollee with respect to a group 
     health plan, or a health insurance issuer offering health 
     insurance coverage, in which a plaintiff alleges that a 
     person referred to in such subparagraph has taken an action 
     resulting in a refusal of a benefit determined by an external 
     appeal entity to be covered, or has failed to take an action 
     for which such person is responsible under the terms and 
     conditions of the plan or coverage and which is necessary 
     under the plan or coverage for authorizing a benefit, the 
     court shall cause to be served on the defendant an order 
     requiring the defendant--
       (i) to cease and desist from the alleged action or failure 
     to act; and
       (ii) to pay to the plaintiff a reasonable attorney's fee 
     and other reasonable costs relating to the prosecution of the 
     action on the charges on which the plaintiff prevails.
       (C) Additional civil penalties.--
       (i) In general.--In addition to any penalty imposed under 
     subparagraph (A) or (B), the appropriate Secretary may assess 
     a civil penalty against a person acting in the capacity of 
     authorizing a benefit determined by an external review entity 
     for one or more group health plans, or health insurance 
     issuers offering health insurance coverage, for--

       (I) any pattern or practice of repeated refusal to 
     authorize a benefit determined by an external appeal entity 
     to be covered; or
       (II) any pattern or practice of repeated violations of the 
     requirements of this section with respect to such plan or 
     coverage.

       (ii) Standard of proof and amount of penalty.--Such penalty 
     shall be payable only upon proof by clear and convincing 
     evidence of such pattern or practice and shall be in an 
     amount not to exceed the lesser of--

       (I) 25 percent of the aggregate value of benefits shown by 
     the appropriate Secretary to have not been provided, or 
     unlawfully delayed, in violation of this section under such 
     pattern or practice; or
       (II) $500,000.

       (D) Removal and disqualification.--Any person acting in the 
     capacity of authorizing benefits who has engaged in any such 
     pattern or practice described in subparagraph (C)(i) with 
     respect to a plan or coverage, upon the petition of the 
     appropriate Secretary, may be removed by the court from such 
     position, and from any other involvement, with respect to 
     such a plan or coverage, and may be precluded from returning 
     to any such position or involvement for a period determined 
     by the court.
       (4) Protection of legal rights.--Nothing in this subsection 
     or subtitle shall be construed as altering or eliminating any 
     cause of action or legal rights or remedies of participants, 
     beneficiaries, enrollees, and others under State or Federal 
     law (including sections 502 and 503 of the Employee 
     Retirement Income Security Act of 1974), including the right 
     to file judicial actions to enforce rights.
       (g) Qualifications of Independent Medical Reviewers.--

[[Page 7641]]

       (1) In general.--In referring a denial to 1 or more 
     individuals to conduct independent medical review under 
     subsection (c), the qualified external review entity shall 
     ensure that--
       (A) each independent medical reviewer meets the 
     qualifications described in paragraphs (2) and (3);
       (B) with respect to each review at least 1 such reviewer 
     meets the requirements described in paragraphs (4) and (5); 
     and
       (C) compensation provided by the entity to the reviewer is 
     consistent with paragraph (6).
       (2) Licensure and expertise.--Each independent medical 
     reviewer shall be a physician (allopathic or osteopathic) or 
     health care professional who--
       (A) is appropriately credentialed or licensed in 1 or more 
     States to deliver health care services; and
       (B) typically treats the condition, makes the diagnosis, or 
     provides the type of treatment under review.
       (3) Independence.--
       (A) In general.--Subject to subparagraph (B), each 
     independent medical reviewer in a case shall--
       (i) not be a related party (as defined in paragraph (7));
       (ii) not have a material familial, financial, or 
     professional relationship with such a party; and
       (iii) not otherwise have a conflict of interest with such a 
     party (as determined under regulations).
       (B) Exception.--Nothing in subparagraph (A) shall be 
     construed to--
       (i) prohibit an individual, solely on the basis of 
     affiliation with the plan or issuer, from serving as an 
     independent medical reviewer if--

       (I) a non-affiliated individual is not reasonably 
     available;
       (II) the affiliated individual is not involved in the 
     provision of items or services in the case under review;
       (III) the fact of such an affiliation is disclosed to the 
     plan or issuer and the participant, beneficiary, or enrollee 
     (or authorized representative) and neither party objects; and
       (IV) the affiliated individual is not an employee of the 
     plan or issuer and does not provide services exclusively or 
     primarily to or on behalf of the plan or issuer;

       (ii) prohibit an individual who has staff privileges at the 
     institution where the treatment involved takes place from 
     serving as an independent medical reviewer merely on the 
     basis of such affiliation if the affiliation is disclosed to 
     the plan or issuer and the participant, beneficiary, or 
     enrollee (or authorized representative), and neither party 
     objects; or
       (iii) prohibit receipt of compensation by an independent 
     medical reviewer from an entity if the compensation is 
     provided consistent with paragraph (6).
       (4) Practicing health care professional in same field.--
       (A) In general.--In a case involving treatment, or the 
     provision of items or services--
       (i) by a physician, a reviewer shall be a practicing 
     physician (allopathic or osteopathic) of the same or similar 
     specialty, as a physician who typically treats the condition, 
     makes the diagnosis, or provides the type of treatment under 
     review; or
       (ii) by a health care professional (other than a 
     physician), a reviewer shall be a practicing physician 
     (allopathic or osteopathic) or, if determined appropriate by 
     the qualified external review entity, a practicing health 
     care professional (other than such a physician), of the same 
     or similar specialty as the health care professional who 
     typically treats the condition, makes the diagnosis, or 
     provides the type of treatment under review.
       (B) Practicing defined.--For purposes of this paragraph, 
     the term ``practicing'' means, with respect to an individual 
     who is a physician or other health care professional that the 
     individual provides health care services to individual 
     patients on average at least 2 days per week.
       (5) Pediatric expertise.--In the case of an external review 
     relating to a child, a reviewer shall have expertise under 
     paragraph (2) in pediatrics.
       (6) Limitations on reviewer compensation.--Compensation 
     provided by a qualified external review entity to an 
     independent medical reviewer in connection with a review 
     under this section shall--
       (A) not exceed a reasonable level; and
       (B) not be contingent on the decision rendered by the 
     reviewer.
       (7) Related party defined.--For purposes of this section, 
     the term ``related party'' means, with respect to a denial of 
     a claim under a plan or coverage relating to a participant, 
     beneficiary, or enrollee, any of the following:
       (A) The plan, plan sponsor, or issuer involved, or any 
     fiduciary, officer, director, or employee of such plan, plan 
     sponsor, or issuer.
       (B) The participant, beneficiary, or enrollee (or 
     authorized representative).
       (C) The health care professional that provides the items or 
     services involved in the denial.
       (D) The institution at which the items or services (or 
     treatment) involved in the denial are provided.
       (E) The manufacturer of any drug or other item that is 
     included in the items or services involved in the denial.
       (F) Any other party determined under any regulations to 
     have a substantial interest in the denial involved.
       (h) Qualified External Review Entities.--
       (1) Selection of qualified external review entities.--
       (A) Limitation on plan or issuer selection.--The 
     appropriate Secretary shall implement procedures--
       (i) to assure that the selection process among qualified 
     external review entities will not create any incentives for 
     external review entities to make a decision in a biased 
     manner; and
       (ii) for auditing a sample of decisions by such entities to 
     assure that no such decisions are made in a biased manner.

     No such selection process under the procedures implemented by 
     the appropriate Secretary may give either the patient or the 
     plan or issuer any ability to determine or influence the 
     selection of a qualified external review entity to review the 
     case of any participant, beneficiary, or enrollee.
       (B) State authority with respect to qualified external 
     review entities for health insurance issuers.--With respect 
     to health insurance issuers offering health insurance 
     coverage in a State, the State may provide for external 
     review activities to be conducted by a qualified external 
     appeal entity that is designated by the State or that is 
     selected by the State in a manner determined by the State to 
     assure an unbiased determination.
       (2) Contract with qualified external review entity.--Except 
     as provided in paragraph (1)(B), the external review process 
     of a plan or issuer under this section shall be conducted 
     under a contract between the plan or issuer and 1 or more 
     qualified external review entities (as defined in paragraph 
     (4)(A)).
       (3) Terms and conditions of contract.--The terms and 
     conditions of a contract under paragraph (2) shall--
       (A) be consistent with the standards the appropriate 
     Secretary shall establish to assure there is no real or 
     apparent conflict of interest in the conduct of external 
     review activities; and
       (B) provide that the costs of the external review process 
     shall be borne by the plan or issuer.

     Subparagraph (B) shall not be construed as applying to the 
     imposition of a filing fee under subsection (b)(2)(A)(iv) or 
     costs incurred by the participant, beneficiary, or enrollee 
     (or authorized representative) or treating health care 
     professional (if any) in support of the review, including the 
     provision of additional evidence or information.
       (4) Qualifications.--
       (A) In general.--In this section, the term ``qualified 
     external review entity'' means, in relation to a plan or 
     issuer, an entity that is initially certified (and 
     periodically recertified) under subparagraph (C) as meeting 
     the following requirements:
       (i) The entity has (directly or through contracts or other 
     arrangements) sufficient medical, legal, and other expertise 
     and sufficient staffing to carry out duties of a qualified 
     external review entity under this section on a timely basis, 
     including making determinations under subsection (b)(2)(A) 
     and providing for independent medical reviews under 
     subsection (d).
       (ii) The entity is not a plan or issuer or an affiliate or 
     a subsidiary of a plan or issuer, and is not an affiliate or 
     subsidiary of a professional or trade association of plans or 
     issuers or of health care providers.
       (iii) The entity has provided assurances that it will 
     conduct external review activities consistent with the 
     applicable requirements of this section and standards 
     specified in subparagraph (C), including that it will not 
     conduct any external review activities in a case unless the 
     independence requirements of subparagraph (B) are met with 
     respect to the case.
       (iv) The entity has provided assurances that it will 
     provide information in a timely manner under subparagraph 
     (D).
       (v) The entity meets such other requirements as the 
     appropriate Secretary provides by regulation.
       (B) Independence requirements.--
       (i) In general.--Subject to clause (ii), an entity meets 
     the independence requirements of this subparagraph with 
     respect to any case if the entity--

       (I) is not a related party (as defined in subsection 
     (g)(7));
       (II) does not have a material familial, financial, or 
     professional relationship with such a party; and
       (III) does not otherwise have a conflict of interest with 
     such a party (as determined under regulations).

       (ii) Exception for reasonable compensation.--Nothing in 
     clause (i) shall be construed to prohibit receipt by a 
     qualified external review entity of compensation from a plan 
     or issuer for the conduct of external review activities under 
     this section if the compensation is provided consistent with 
     clause (iii).
       (iii) Limitations on entity compensation.--Compensation 
     provided by a plan or issuer to a qualified external review 
     entity in connection with reviews under this section shall--

       (I) not exceed a reasonable level; and

[[Page 7642]]

       (II) not be contingent on any decision rendered by the 
     entity or by any independent medical reviewer.

       (C) Certification and recertification process.--
       (i) In general.--The initial certification and 
     recertification of a qualified external review entity shall 
     be made--

       (I) under a process that is recognized or approved by the 
     appropriate Secretary; or
       (II) by a qualified private standard-setting organization 
     that is approved by the appropriate Secretary under clause 
     (iii).

     In taking action under subclause (I), the appropriate 
     Secretary shall give deference to entities that are under 
     contract with the Federal Government or with an applicable 
     State authority to perform functions of the type performed by 
     qualified external review entities.
       (ii) Process.--The appropriate Secretary shall not 
     recognize or approve a process under clause (i)(I) unless the 
     process applies standards (as promulgated in regulations) 
     that ensure that a qualified external review entity--

       (I) will carry out (and has carried out, in the case of 
     recertification) the responsibilities of such an entity in 
     accordance with this section, including meeting applicable 
     deadlines;
       (II) will meet (and has met, in the case of 
     recertification) appropriate indicators of fiscal integrity;
       (III) will maintain (and has maintained, in the case of 
     recertification) appropriate confidentiality with respect to 
     individually identifiable health information obtained in the 
     course of conducting external review activities; and
       (IV) in the case recertification, shall review the matters 
     described in clause (iv).

       (iii) Approval of qualified private standard-setting 
     organizations.--For purposes of clause (i)(II), the 
     appropriate Secretary may approve a qualified private 
     standard-setting organization if such Secretary finds that 
     the organization only certifies (or recertifies) external 
     review entities that meet at least the standards required for 
     the certification (or recertification) of external review 
     entities under clause (ii).
       (iv) Considerations in recertifications.--In conducting 
     recertifications of a qualified external review entity under 
     this paragraph, the appropriate Secretary or organization 
     conducting the recertification shall review compliance of the 
     entity with the requirements for conducting external review 
     activities under this section, including the following:

       (I) Provision of information under subparagraph (D).
       (II) Adherence to applicable deadlines (both by the entity 
     and by independent medical reviewers it refers cases to).
       (III) Compliance with limitations on compensation (with 
     respect to both the entity and independent medical reviewers 
     it refers cases to).
       (IV) Compliance with applicable independence requirements.

       (v) Period of certification or recertification.--A 
     certification or recertification provided under this 
     paragraph shall extend for a period not to exceed 2 years.
       (vi) Revocation.--A certification or recertification under 
     this paragraph may be revoked by the appropriate Secretary or 
     by the organization providing such certification upon a 
     showing of cause.
       (vii) Sufficient number of entities.--The appropriate 
     Secretary shall certify and recertify a number of external 
     review entities which is sufficient to ensure the timely and 
     efficient provision of review services.
       (D) Provision of information.--
       (i) In general.--A qualified external review entity shall 
     provide to the appropriate Secretary, in such manner and at 
     such times as such Secretary may require, such information 
     (relating to the denials which have been referred to the 
     entity for the conduct of external review under this section) 
     as such Secretary determines appropriate to assure compliance 
     with the independence and other requirements of this section 
     to monitor and assess the quality of its external review 
     activities and lack of bias in making determinations. Such 
     information shall include information described in clause 
     (ii) but shall not include individually identifiable medical 
     information.
       (ii) Information to be included.--The information described 
     in this subclause with respect to an entity is as follows:

       (I) The number and types of denials for which a request for 
     review has been received by the entity.
       (II) The disposition by the entity of such denials, 
     including the number referred to a independent medical 
     reviewer and the reasons for such dispositions (including the 
     application of exclusions), on a plan or issuer-specific 
     basis and on a health care specialty-specific basis.
       (III) The length of time in making determinations with 
     respect to such denials.
       (IV) Updated information on the information required to be 
     submitted as a condition of certification with respect to the 
     entity's performance of external review activities.

       (iii) Information to be provided to certifying 
     organization.--

       (I) In general.--In the case of a qualified external review 
     entity which is certified (or recertified) under this 
     subsection by a qualified private standard-setting 
     organization, at the request of the organization, the entity 
     shall provide the organization with the information provided 
     to the appropriate Secretary under clause (i).
       (II) Additional information.--Nothing in this subparagraph 
     shall be construed as preventing such an organization from 
     requiring additional information as a condition of 
     certification or recertification of an entity.

       (iv) Use of information.--Information provided under this 
     subparagraph may be used by the appropriate Secretary and 
     qualified private standard-setting organizations to conduct 
     oversight of qualified external review entities, including 
     recertification of such entities, and shall be made available 
     to the public in an appropriate manner.
       (E) Limitation on liability.--No qualified external review 
     entity having a contract with a plan or issuer, and no person 
     who is employed by any such entity or who furnishes 
     professional services to such entity (including as an 
     independent medical reviewer), shall be held by reason of the 
     performance of any duty, function, or activity required or 
     authorized pursuant to this section, to be civilly liable 
     under any law of the United States or of any State (or 
     political subdivision thereof) if there was no actual malice 
     or gross misconduct in the performance of such duty, 
     function, or activity.

                       Subtitle B--Access to Care