[Congressional Record (Bound Edition), Volume 147 (2001), Part 8]
[Senate]
[Page 10481]
[From the U.S. Government Publishing Office, www.gpo.gov]



                           TEXT OF AMENDMENTS

  SA 797. Mr. HAGEL (for himself, Mr. Campbell, and Mr. Kyl) proposed 
an amendment to amendment SA 358 submitted by Mr. Jeffords and intended 
to be proposed to the bill (S. 1) to extend programs and activities 
under the Elementary and Secondary Education Act of 1965; as follows:

       At the appropriate place, insert the following:

       ``5--FEDERAL PRIORITIES FOR SCHOOL REPAIR AND RENOVATION.

     ``SEC. 5351. REQUIREMENT RELATING TO SCHOOL CONSTRUCTION 
                   ASSISTANCE.

       ``(a) Findings.--Congress makes the following findings:
       ``(1) The Federal Government's unique and continuing trust 
     relationship with and responsibility to the Indian people 
     includes the education of Indian Children.
       ``(2) Since 1950, the Federal Government has also 
     recognized an obligation to support the education of children 
     whose parents serve our Nation in the military and with other 
     Federal agencies.
       ``(3) The Federal Government has responsibility for the 
     operation and financial support of the Bureau of Indian 
     Affairs funded school system that the Federal Government has 
     established on or near reservations and Indian trust lands 
     throughout the Nation for Indian children.
       ``(4) The Federal Government has responsibility for 
     providing financial support for Federally Impacted schools 
     throughout the Nation.
       ``(5) The Federal Government is the sole funding source of 
     185 elementary and secondary schools operated by the Bureau 
     of Indian Affairs for the education of American Indian 
     children on reservations throughout the United States.
       ``(6) The Federal Government is a significant source of 
     funding for the elementary and secondary schools that receive 
     Impact Aid.
       ``(7) Over several decades, Bureau of Indian Affairs and 
     Impact Aid schools have suffered from neglect and disrepair, 
     which has had a direct impact on student learning and safety.
       ``(8) As of January 2001, the repair, rehabilitation, and 
     renovation backlog for Bureau of Indian Affairs and heavily 
     impacted Impact Aid education facilities and quarters was 
     over $2,000,000,000.
       ``(b) Requirement.--Notwithstanding any other provision of 
     law (including the provisions of this Act), in administering 
     any Federal program to provide assistance for school 
     construction or renovation, the Secretary of Education shall 
     ensure that assistance under such program is provided to meet 
     the construction or renovation needs of schools receiving 
     Impact Aid, schools under the jurisdiction of the Department 
     of Defense, and Indian and Bureau of Indian Affairs funded 
     schools prior to making any such assistance available under 
     such program to other schools.
       ``(c) Rule of Construction.--Nothing in this section shall 
     be construed to apply to--
       ``(1) school construction bond programs or school 
     renovation bond programs; or
       ``(2) amounts provided for school construction or 
     renovation under--
       ``(A) title VIII of the Elementary and Secondary Education 
     Act of 1965;
       ``(B) any program administered by the Bureau of Indian 
     Affairs, or the Secretary of the Interior for the benefit of 
     Indians; or
       ``(C) any program administered by the Secretary of Defense 
     with respect to schools within the jurisdiction of the 
     Department of Defense.''.
                                  ____

  SA 798. Mr. HOLLINGS proposed an amendment to amendment SA 358 
submitted by Mr. Jeffords and intended to be proposed to the bill (S. 
1) to extend programs and activities under the Elementary and Secondary 
Education Act of 1965; as follows:

       On page 47, after line 12, insert the following: ``(i)(I) a 
     State may elect, in accordance with this clause, to waive the 
     application of the requirements of this subparagraph if--

       ``(aa) the State determines that alternative public 
     elementary and secondary educational investments will produce 
     a greater increase in student achievement; or
       ``(bb) the State can demonstrate the presence of a 
     comparable assessment system;

       ``(II) a waiver under subclause (I) shall be for a period 
     of 1 year;
       ``(III) a State with a waiver in effect under this clause 
     may utilize Federal funds appropriated to carry out 
     activities in schools that fail to make yearly progress, as 
     defined in the plan of the State under section 1111(b)(2)(B), 
     to--

       ``(aa) increase teacher pay;
       ``(bb) implement teacher recruitment and retention 
     programs;
       ``(cc) reduce class size;
       ``(dd) hire additional teachers to reduce class sizes;
       ``(ee) improve school facilities;
       ``(ff) provide afterschool programs;
       ``(gg) tutor students;
       ``(hh) increase the access of students to technology;
       ``(ii) improve school safety; or
       ``(jj) carry out any other activity that the State 
     educational agency determines necessary to improve the 
     education of public elementary and secondary school students; 
     and

       ``(IV) a State shall ensure that funds to which this clause 
     applies will not be used to pay the cost of tuition, room, or 
     board at a private school or a charter school;''.
                                  ____

  SA 799. Mr. GREGG (for Mr. Santorum) proposed an amendment to 
amendment SA 358 submitted by Mr. Jeffords and intended to be proposed 
to the bill (S. 1) to extend programs and activities under the 
Elementary and Secondary Education Act of 1965; as follows:

       At the appropriate place, insert the following: ``SEC.

     SEC. 72 SENSE OF THE SENATE.

       ``It is the sense of the Senate that--
       ``(1) good science education should prepare students to 
     distinguish the data or testable theories of science from 
     philosophical or religious claims that are made in the name 
     of science; and
       ``(2) where biological evolution is taught, the curriculum 
     should help students to understand why this subject generates 
     so much continuing controversy, and should prepare the 
     students to be informed participants in public discussions 
     regarding the subject.

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