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PUBLIC LAW 98-509—OCT. 19, 1984

Post, p. 2359. 42 USC 300X-4.

(2) by adding at the end thereof the following: "(14) Of the amount allotted to a State under this part in any fiscal year, the State agrees to use not less than 5 percent of such amount to initiate and provide new alcohol and drug abuse services for women. "(15) Of the amounts to be used in any fiscal year for mental health activities, the State agrees to use not less than 10 percent of such amount to initiate and provide (A) new mental health services for severely disturbed children and adolescents, and (B) new comprehensive community mental health programs for underserved areas or for underserved populations.". (d)(1) Section 1915 is amended by redesignating subsection (e) as subsection (h) and by inserting after subsection (d) the following new

Comprehensive

subsections:

P "•

"(e) With amounts available under section 1915(a), the chief executive officer of a State may prepare and submit a comprehensive mental health plan which shall include^ "(1) an identification of the mental health service areas within the State and the agency responsible for the delivery and coordination of mental health services within the State; "(2) an identification of the need in each mental health service area of the State for mental health and related services, particularly the need for services to chronically mentally ill individuals, seriously mentally ill children, adolescents, and elderly individuals, and other identified populations; "(3) a description of the resources devoted to and activities to be carried out under the plan, including— "(A) a description of mental health activities (including activities for chronically mentally ill individuals) funded or supported under this Act, "(B) a description of mental health activities (including activities for chronically mentally ill individuals) funded or supported by State appropriations, "(C) a description of mental health and related support activities (including activities for chronically mentally ill individuals) funded under or supported through title XIX of the Social Security Act and other programs of Federal assistance, and "(D) to the extent feasible, a description of mental health activities reimbursed or provided in the State by private third party insurers and local governments; "(4) the mental health prevention and treatment objectives to be achieved under the plan and a listing of the programs and resources to be used to meet such objectives; "(5) a strategy for the establishment and implementation for chronically mentally ill individuals of an organized communitybased system of care which shall provide for quantitative targets to be achieved in the implementation of the plan, including numbers of chronically mentally ill individuals residing in the areas to be served, a description of services to be provided to such individuals in gaining access to essential mental health services, and a description of medical and dental care and rehabilitation services and employment, housing, and other support services designed to enable such individuals to function outside of inpatient institutions to the maximum extent of their capabilities;

Women.

42 USC 1396.

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98 STAT. 2357

"(6) quantitative targets for provision of community-based mental health services for underserved populations, with particular emphasis on elderly individuals, children and adolescents, and individuals residing in areas without adequate outpatient treatment facilities; and "(7) a method for the periodic evaluation of the plan's effectiveness in meeting the objectives set forth in the plan. "(f) With amounts available under section 1915(a), the chief executive officer of the State may establish a State mental health services planning council which will— "(1) serve as an advocate for chronically mentally ill individuals, seriously mentally ill children, adolescents, elderly individuals, and other individuals with mental illness or emotional problems, and "(2) monitor, review, and evaluate, not less often than annually, the allocation and adequacy of mental health services within the State. Such a council shall be made up of residents of the State and include in its membership representatives of the principal State agencies involved in mental health, higher education training facilities, and public and private entities concerned with the need, planning, operation, funding, and use of mental health and related services and activities. At least one half of the membership shall consist of individuals who are not State employees or providers of mental health services. "(g) The Secretary shall report annually to the Committee on Report. Energy and Commerce of the House of Representatives and the Committee on Labor and Human Resources of the Senate on the new programs and services initiated and provided in accordance with paragraphs (14) and (15) of subsection (c). The report shall include a detailed description of such programs and services, an assessment of the adequacy of such programs and services in meeting the alcohol and drug abuse treatment needs of women and the mental health needs of severely disturbed children and adolescents, and such other information, including legislative and administrative recommendations, as the Secretary deems appropriate.". (2) Section 1915(c)(2) is amended by striking out "(e)" and inserting Post, p. 2359. 42 USC 300X-4. in lieu thereof "(h)". (3) Section 1915(c)(4)(C) is amended by inserting before the comma the following: "or psychosocial rehabilitation services". SEC. 104. (a) Section 1916(a) (42 U.S.C. 300x-5(a)) is amended by Post, p. 2359 striking out "and (3)" and inserting in lieu thereof "(3) to furnish the Secretary a detailed description of the new programs and services initiated and provided in accordance with paragraphs (14) and (15) of section 1916(c), and (4)". (b) Paragraph (2) of section 1916(b) is amended to read as follows: Audits. 42 USC 300x"(2) Each State shall provide for one of the following: "(A) A financial and compliance audit of the funds provided the State under section 1914. Such audits shall be performed Post, p. 2359. biennially, shall cover expenditures in each fiscal year, and 42 USC 300X-3. shall be conducted in accordance with standards established by the Comptroller General for the audit of governmental organizations, programs, activities, and functions. "(B) A single financial and compliance audit of each entity administering funds provided under section 1914. An audit of such an entity shall be conducted biennially, shall cover expenditures in each fiscal year, and shall be conducted in accordance

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 98 STAT. 2358

Report. Public availability.

Post, p. 2359. 42 USC 300X-5.

Post, p. 2359. 42 USC 300X-9.

PUBLIC LAW 98-509—OCT. 19, 1984

with standards of the Comptroller General referred to in subparagraph (A). Within 30 days after completion of an audit under subparagraph (A) or (B), a copy of the audit report shall be transmitted to the State legislature and the Secretary and shall be made available for public inspection. For purposes of subparagraphs (A) and (B), the term 'financial and compliance audit' means an audit to determine whether the financial statements of an audited entity present fairly the financial position and the results of financial operations in accordance with generally accepted accounting principles, and whether the entity has complied with laws and regulations that may have a material effect upon the financial statements.". (c) Paragraph (6) of section 19160t)) is amended by striking out "1983" and inserting in lieu thereof "1986". (d) Section 1916 is amended by adding at the end thereof the following new subsection: "(d) The Secretary, in consultation with appropriate national organizations, shall develop model criteria and forms for the collection of data and information with respect to services provided under this part in order to enable States to share uniform data and information with respect to the provision of such services.". SEC. 105. (a) Section 1920 is amended to read as follows: "TECHNICAL ASSISTANCE; DATA COLLECTION

"SEC. 1920. The Secretary, through the Administrator of the Alcohol, Drug Abuse, and Mental Health Administration, shall— "(1) provide technical assistance to States (including public and nonprofit private entities within States) with respect to 42 USC 300x. programs conducted under part B of title XIX; and "(2) conduct data collection activities with respect to such programs, including data collection activities concerning the t3rpes of alcoholism, alcohol abuse, drug abuse, and mental health treatment and prevention activities conducted under such part, the number and types of individuals receiving services under such programs and activities, and the sources of funding (other than funding provided under such part) for such programs and activities.". 42USe300x-3. (b) Section 1914(a) is amended— (1) by striking out paragraph (2), (2) by striking out "(1)", and (3) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively, and by redesignating clauses (i) through (v) as subparagraphs (A) through (E), respectively. 42 USC 300x, SEC. 106. (a) Sections 1911, 1913, 1914, 1915, 1916, and 1918 are 300x-2—300X-5, each amended by striking out "1912" each place it occurs and 300^-'^ inserting in lieu thereof "1913". 42 USC 300X-3, (b) Sections 1914, 1915, and 1916 are each amended by striking out 300X-5, 300-6. "1913" each place it occurs and inserting in lieu thereof "1914". (c) Sections 1913 and 1915 are each amended by striking out "1914" each place it appears and inserting in lieu thereof "1915". 42USe300x-2, (d) Sections 1913, 1914, 1916, and 1917 are each amended by ^OOx-S, 300x-5, striking out "1915" each place it occurs and inserting in lieu thereof oOOx-o.

"IQlfi"

42 USC 300X-1, 300x-2.

(e) Sections 1912 and 1913 are each amended by striking out "1916" each place it occurs and inserting in lieu thereof "1917".

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98 STAT. 2359

(f) Section 1915 is amended by striking out "1917" and inserting in lieu thereof "1918". (g) The section entitled "Pajonents Under Allotments to States" is redesignated as section 1914 and the existing section 1914 and sections 1915 through 1920 are redesignated as sections 1915 through 1920A, respectively. (h) The sections of the Public Health Service Act amended by this section are sections of the Act as in effect on the day before the date of the enactment of this Act. SEC. 107. The amendments made by this title shall apply with respect to applications for allotments under part B of title XIX of the Public Health Service Act for fiscal years beginning after fiscal year 1984 and to allotments made under such part for such fiscal years.

42 USC 300X-4.

42 USC 300X-2. 42 USC 300X-4300X-9. 42 USC 300x note. Effective date. 42 USC 300x note. 42 USC 300x.

TITLE II—AMENDMENTS TO TITLE V OF THE PUBLIC HEALTH SERVICE ACT SEC. 201. (a) Section 501(c) is amended to read as follows: "(c)(l) There is established the Alcohol, Drug Abuse, and Mental Health Advisory Board (hereinafter in this subsection referred to as the 'Board'). The Board shall— "(A) periodically assess the national needs for alcoholism, alcohol abuse, drug abuse, and mental health services and the extent to which those needs are being met by State, local, and private programs and programs receiving funds under this title and part B of title XIX, and "(B) provide advice to the Secretary and the Administrator respecting activities carried out under this title and part B of title XIX. "(2)(A) The Board shall consist of fifteen members appointed by the Secretary and such ex officio members from the Nationed Institute on Alcohol Abuse and Alcoholism, the National Institute on Drug Abuse, and the National Institute of Mental Health as the Secretary may designate. Of the members appointed to the Board, at least six members shall represent State and private, nonprofit providers of prevention and treatment services for alcoholism, alcohol abuse, drug abuse, and mental illness, at least six members shall be individuals with expertise in public education and prevention services for alcoholism, alcohol abuse, drug abuse, and mental illness, and at least three members shall be appointed from members of the general public who are knowledgeable about alcoholism, alcohol abuse, drug abuse, and mental illness. "(B) The term of office of a member appointed to the Board is four years, except that of the members first appointed to the Board— "(i) five shall serve for terms of one year, "(ii) five shall serve for terms of two years, "(iii) five shall serve for terms of three years, as designated by the Secretary at the time of appointment. Any member appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of such member was appointed shall be appointed only for the remainder of such term. A member may serve after the expiration of the member's term until the successor of the member has taken office. "(3)(A) Except as provided in subparagraph (B), members of the Board shall (i) be paid not more than the daily equivalent of the annual rate of basic pay in effect for grade GS-18 of the General

42 USC 290aa. Alcohol, Drug Abuse, and Mental Health Advisory Board, establishment.

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 98 STAT. 2360 5 USC 5332 note.

Report.

42 USC 290aa. Grants.

42 USC 290aa-2. 42 USC 290aa-3.

PUBLIC LAW 98-509—OCT. 19, 1984

Schedule for each day (including travel time) during which they are engaged in the actual performance of duties vested in the Board, and (ii) while away from their homes or regular places of business and while serving in the business of the Board, be entitled to receive transportation expenses as prescribed by section 5703 of title 5, United States Code. "(B) Members of the Board who are full-time officers or employees of the United States shall receive no additional pay, allowances, or benefits by reason of their service on the Board. "(4) The Board may appoint such staff personnel as the Board considers appropriate. "(5) The Secretary shall designate the chairman of the Board. "(6) The Board shall meet at least three times each calendar year. "(7) The Board shall report annually to the Committee on Energy and Commerce of the House of Representatives and the Committee on Labor and Human Resources of the Senate on its activities during the prior year and shall include in such report such recommendations for legislation and administrative action as it deems appropriate.". (b) Section 501 is amended by inserting at the end the following: "(g) The Secretary, acting through the Administrator, shall make grants to schools of the health professions and schools of social work to support the training of students in such schools in the identification and treatment of alcohol and drug abuse. Grants under this subsection shall be made from funds available under this title and section 303. "(h)(l) The Administrator may obtain (in accordance with section 3109 of title 5, United States Code, but without regard to the limitation in such section on the number of days or the period of service) the services of not more than 20 experts or consultants who have scientific or professional qualifications. Such experts and consultants shall be obtained for the Administration and for each of the research institutes under the Administration. "(2)(A) Experts and consultants whose services are obtained under paragraph (1) shall be paid or reimbursed for their expenses associated with traveling to and from their assignment location in accordance with sections 5724, 5724a(a)(l), 5724a(a)(3), and 5726(c) of title 5, United States Code. "(B) Expenses specified in subparagraph (A) may not be allowed in connection with the assignment of an expert or consultant whose services are obtained under paragraph (1), unless and until the expert or consultant agrees in writing to complete the entire period of assignment or one year, whichever is shorter, unless separated or reassigned for reasons beyond the control of the expert or consultant that are acceptable to the Secretary. If the expert or consultant violates the g^eement, the money spent by the United States for the expenses specified in subparagraph (A) is recoverable from the expert or consultant as a debt of the United States. The Secretary may waive in whole or in part a right of recovery under this subparagraph.". SEC. 202. Section 503 is amended by striking out subsection (d) and by redesignating subsection (e) as subsection (d). SEC. 203. Subsection (e) of section 504 is amended (1) by striking out "Minority C]!oncerns" each place it occurs and inserting in lieu thereof "Special Populations", and (2) by inserting "women and" before "minority" each place it occurs.

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98 STAT. 2361

SEC. 204. Section 504 is amended by adding at the end the 42 USC 290aa-3. following: "(f)(1) The Secretary, acting through the Director, may make Grants, grants to States, political subdivisions of States, and private nonprofit agencies for mental health services demonstration projects for the planning, coordination, and improvement of community services for chronically mentally ill individuals, seriously mentally disturbed children, and elderly individuals, and for the conduct of research concerning such services. "(2) The Secretary may make a grant under paragraph (1) for not more than three consecutive one-year periods, except that the Secretary may waive the limitation of this paragraph with respect to a particular grant if the Secretary determines that extenuating circumstances exist which merit such waiver. "(3) For purposes of paragraphs (1) and (2) there are authorized to be appropriated $20,000,000 for each of the fiscal years 1985, 1986, and 1987. "(g) The Secretary, acting through the Director, may make grants to States for the purpose of developing State comprehensive mental Ante, p. 2356. health plans referred to in section 1915(e). SEC. 205. (a)(1) Section 510(b)(3) is amended (1) by striking out 42 USC 290bb. "and" at the end of subparagraph (F), (2) by striking out the period at the end of subparagraph (G) and inserting in lieu thereof ", and", and (3) by adding after subparagraph (G) the following: "(H) alcoholism and alcohol abuse among women.". (2) Section 515(a) is amended by adding at the end the following: 42 USC 290CC. "In making grants and contracts to carry out paragraphs (4) and (5), the Director shall give special consideration to projects relating to drug abuse among women.". (b)(1) Section 503(e) is amended (1) by striking out "and" at the 42 USC 290aa-2. end of paragraph (2), (2) by striking out the period at the end of paragraph (3) and inserting in lieu thereof "; and", and (3) by adding at the end the following: "(4) prepare for distribution announcements for television to Public educate the public concerning the dangers resulting from the information. consumption of drugs and, to the extent feasible, use appropriate private organizations and business concerns in the preparation of such announcements.". (2) Section 502 is amended by adding at the end the following: 42 USC 290aa-l. "(e) The Secretary shall prepare for distribution announcements for television to educate the public concerning the dangers resulting from the consumption of alcoholic beverages and, to the extent feasible, use appropriate private organizations and business concerns in the preparation of such announcements.". SEC. 206. (a) Section 512 Is redesignated as section 513 and subpart 42 USC 290bb-2. 1 of part B of title V is amended by adding after section 511 the following new section: ALCOHOL ABUSE AND ALCOHOLISM DEMONSTRATION PROJECTS

"SEC. 512. (a) The Secretary, through the Director, may make Grants. grants to public and nonprofit private entities to support projects— 42 USC "(1) for the development and demonstration of methods for— 290bb-la. "(A) the prevention of alcohol abuse, alcoholism, and other problems relating to the consumption of alcoholic beverages; and

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PUBLIC LAW 98-509—OCT. 19, 1984

"(B) the treatment and rehabilitation of individuals suffering from alcohol abuse, alcoholism, or other problems relating to the consumption of alcoholic beverages; and "(2)(A) which emphasize the development and demonstration of new and improved methods of treatment, screening, early detection, referral, and diagnosis of individuals with a risk of developing alcohol abuse, alcoholism, or other problems relating to the consumption of alcoholic beverages; "(B) which emphasize the development and demonstration of new and improved methods of dissemination of knowledge concerning projects supported under this section and methods developed or demonstrated under this section; and "(C) which emphasize the development and demonstration of new and improved methods for the dissemination to the general public of information on the importance of early detection and prevention of alcohol abuse, alcoholism, and other problems relating to the consumption of alcoholic beverages. "(b) A grant may be made under subsection (a) for a project which meets the requirements of subsection (a) and also deals with drug abuse. "(c) No entity may receive grants under subsection (a) for more than three years.". (b) Subpart 2 of part B is amended by adding after section 515 the following new section: DRUG ABUSE DEMONSTRATION PROJECTS Grants. Contracts with U.S. 42 USC 290CC-1.

42 USC 290bb. 42 USC 290cc. 42 USC 290bb-2.

"SEC. 516. (a) The Secretary, through the National Institute on Drug Abuse, may make grants to and enter into contracts with individuals and public and nonprofit private entities to support projects— "(1) for the development and demonstration of methods for— "(A) the prevention of drug abuse and other problems relating to drug abuse, and "(B) the treatment and rehabilitation of individuals suffering from drug abuse and other problems relating to the misuse of drugs; and "(2)(A) which emphasize the development and demonstration of new and improved methods of screening and early detection, referral, and diagnosis of individuals with a risk of drug abuse, "(B) which develop and evaluate new and improved techniques of prevention and treatment services for use in States and local communities, and "(C) which emphasize the development and demonstration of new and improved methods for the dissemination of research findings and knowledge of effective strategies of early detection, prevention, and treatment of drug abuse. "(b) A grant or contract may be made under subsection (a) for a project which meets the requirements of subsection (a) and also deals with alcohol abuse and alcoholism. "(c) No entity may receive grants under subsection (a) for more than three years.". (c)(1) Section 510(a) is amended by striking out "demonstrations,". (2) Section 515(a) is amended by striking out "demonstrations,". SEC. 207. (a) The first sentence of section 513 (as so redesignated) is amended by striking out "and" after "1983" and inserting in lieu thereof a comma and by inserting a comma before the period at the

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98 STAT. 2363

end and the following: "$52,000,000 for fiscal year 1985, and $61,000,000 for fiscal year 1986". (b) Section 515 is amended by striking out subsection (c) and subpart 2 of part B is amended by adding after the section added by section 206(b) of this Act the following:

42 USC 290CC.

AUTHORIZATION OF APPROPRIATIONS

"SEC. 517. There are authorized to carry out this subpart $68,000,000 for fiscal year 1985 and $74,000,000 for fiscal year 1986.". SEC. 208. By October 1, 1985, the Secretary of Health and Human Services shall prepare and transmit to the Congress a report which sets forth a comprehensive national plan to combat alcohol abuse and alcoholism. The report shall include— (1) a description of a model program for activities to be conducted by the States to combat alcohol abuse and alcoholism; (2) an analysis of the social and economic costs of alcoholism and alcohol abuse to the Nation, including amounts expended by public agencies and private organizations— (A) for the treatment of individuals for alcohol abuse and alcoholism, including a division of such amounts among the types of settings in which such treatment is provided; (B) for treatment of individuals for health problems resulting from alcohol abuse and alcoholism; and (C) to meet other costs resulting from alcohol abuse and alcoholism, such as costs resulting from lost employee productivity; (3) an assessment of current treatment and rehabilitation needs and the current integration and financing of alcoholism treatment and rehabilitation into the Nation's health care system; (4) an assessment of personnel needs in the fields of research, treatment, rehabilitation, and prevention; (5) a statement of specific goals and objectives to meet the Nation's current treatment, rehabilitation, and personnel needs in the area of alcoholism and alcohol abuse and plans to meet those needs through specific modification of Federal, State, local, and private policies and regulations, including a specification of recommendations for legislation— (A) to establish Federal programs and to provide Federal funds to encourage States to adopt and implement the model program described under paragraph (1); and (B) to modify programs and activities conducted, and services provided, under— (i) part B of title XIX of the Public Health Service Act* (ii) titles XVIII and XIX of the Social Security Act; (iii) chapter 89 of title 5, United States Code; and (iv) sections 1079 and 1080 of title 10, United States Code, in order to ensure appropriate cost-effective treatment and prevention of alcohol abuse and alcoholism; and (6) estimates of public and private resources needed to accomplish the goals and objectives referred to in paragraph (5) as well as resource savings that can be anticipated from achieving the national objectives.

42 USC 290CC-2. Report.

42 USC 300x. 42 USC 1395, 1396. 5 USC 8901 et seq.

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 98 STAT. 2364

PUBLIC LAW 98-509—OCT. 19, 1984 TITLE III—OTHER AMENDMENTS

Regulations. Report. 21 USC 802 note.

42 USC 290aa. 42 USC 290dd, 290dd-l. Repeal.

SEC. 301. (a) Section 102(28) of the Controlled Substances Act (21 U.S.C. 802) is amended by striking out "twenty-one" and inserting in lieu thereof "one hundred and eighty". O> The Secretary of Health and Human Services shall, within t) ninety days of the date of the enactment of this Act, promulgate regulations for the administration of section 102(28) of the Controlled Substances Act as amended by subsection (a) and shall include in the first report submitted under section 5050o) of the Public Health Service Act after the expiration of such ninety days the findings of the Secretary with respect to the effect of the amendment made by subsection (a). (c) Section 20t>) of the Alcohol and Drug Abuse Amendments of 1983 (97 Stat. 181) is amended— (1) by striking out "210" in paragraph (2) and inserting in lieu thereof "201"; and (2) by striking out "201, 301" in paragraph (13) and inserting in lieu thereof "301, 201". (d) Title III of the Drug Abuse Prevention, Treatment, and Rehabilitation Act (21 U.S.C. 1161-1165) is repealed. SEC. 302. Section 217(a) (42 U.S.C. 218(a)) is amended by adding after the third sentence the following: "In the case of the National Advisory Council on Alcohol Abuse and Alcoholism, the Secretary shall assure that its membership is broadly representative of experts in the fields of prevention, research, and treatment of alcohol abuse, alcoholism, and rehabilitation of alcohol abusers.". Approved October 19, 1984.

LEGISLATIVE HISTORY—S. 2303: HOUSE REPORT No. 98-1123 (Comm. of Conference). SENATE REPORT No. 98-381 (Comm. on Labor and Human Resources). CONGRESSIONAL RECORD, Vol. 130 (1984): Apr. 26, considered and passed Senate. June 28, considered and passed House, amended. Oct. 4, Senate and House agreed to conference report.

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98 STAT. 2365

Public Law 98-510 98th Congress An Act To rename Dulles International Airport in Virginia as the "Washington Dulles International Airport".

Oct. 19, 1984 [S. 2483]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the airport 49 USC app. 2421 constructed under the Act entitled "An Act to authorize the con- ^°^struction, protection, operation, and maintenance of a public airport in or in the vicinity of the District of Columbia", approved September 7, 1950 (64 Stat. 770), known as the Dulles International Airport, shall hereafter be known and designated as the "Washington Dulles International Airport". Any law, regulation, map, document, record, or other paper of the United States in which such airport is referred to shall be held to refer to such airport as the "Washington Dulles International Airport". Approved October 19, 1984.

LEGISLATIVE HISTORY—S. 2483: SENATE REPORT No. 98-453 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD, Vol. 130 (1984): June 15, considered and passed Senate. Oct. 4, considered and passed House.

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 98 STAT. 2366

PUBLIC LAW 98-511—OCT. 19, 1984

Public Law 98-511 98th Congress

013 8^^ g:

"

'•^?^

A n Act Oct. 19, 1984 [S. 2496]

Education

To extend the authorization of appropriations for certain education programs, and T for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Amendments of 1984.

20 USC 2701 note.

SHORT TITLE SECTION

1. This Act may be cited as the "Education Amendments

of 1984". TITLE I—ADULT EDUCATION ACT AMENDMENTS STATEMENT OF PURPOSE

20 USC 1201.

SEC. 101. Section 302 of the Adult Education Act (20 U.S.C. 1201 et seq.), hereafter in this title referred to as "the Act", is amended— (1) by inserting after "basic" in clause (1) the following: "literacy", and (2) by inserting after "training" in clause (3) the following: "and education". DEFINITIONS

20 USC 1202.

ees^, p. 2367.

SEC. 102. (a) Section 303(a) of the Act is amended to read as follows: "(a) The term 'adult' means an individual who has attained 16 years of age or who is beyond the age of compulsory school attendance under State law, except that for the purpose of section 305(a), the term 'adult' means an individual 16 years of age or older.". (b) Section 303(b) of the Act is amended to read as follows: "(b) The term 'adult education' means instruction or services below the college level for adults who do not have— "(1) the basic skills to enable them to function effectively in society; or "(2) a certificate of graduation from a school providing secondary education (and who have not achieved an equivalent level of education).". (c) Section 303(d) of the Act is amended to read as follows: "(d) The term 'Secretary' means the Secretary of Education.". (d) Section 303(g) of the Act is amended to read as follows: "(g) The term 'State' includes, in addition to the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands.". (e) Section 303(j) of the Act is amended by striking out "section 801(e) of the Elementary and Secondary Education Act of 1965" and inserting in lieu thereof "section 481 of the Higher Education Act of 1965". (f) The Act is amended—

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(1) by striking out "Commissioner" each time it appears, 20 USC 1202 et except the second time it appears in section 311(c), and inserting '"^^ in heu thereof "Secretary"; and (2) by striking out "Commissioners" in section 308(b) and 20 USC 1207. inserting in lieu thereof "Secretary". STATE GRANTS

SEC. 103. (a) Section 304(a) of the Act is amended— 20 USC 1203. (1) by striking out "estabhshment of expansion" each time it appears and inserting in lieu thereof "establishment or expansion"; and (2) by striking out "nonprofit" each time it appears. (b) Section 304(a) of the Act is amended— (1) by inserting (1) after the subsection designation; (2) by redesignating clauses (1) and (2) as clauses (A) and (B); and (3) by adding at the end thereof the following new paragraph: "(2) Grants provided under this section may not be used to carry out programs by a for-profit agency, organization, or institution unless such agency, organization, or institution (A) can make a significant contribution to attaining the objectives of this Act, and (B) can provide substantially equivalent education at a lesser cost or can provide services and equipment not available in public institutions. Whenever the establishment or expansion of programs is carried out by a for-profit agency, organization, or institution, the State educational agency or eligible applicant shall enter into a contract with such agency, organization, or institution, for the establishment or expansion of such programs.". STATE ALLOTMENTS

SEC. 104. (a) Section 305(a) of the Act is amended— (1) by striking out "From" and inserting in lieu thereof "Subject to the last sentence of this subsection, from"; (2) by striking out "not more than 1 per centum thereof among" in clause (1) and inserting in lieu thereof "$100,000 each to"; and (3) by striking out "$150,000" in clause (2) and inserting in lieu thereof "$250,000". (b) The last sentence of section 305(a) of the Act is amended to read as follows: "No State shall be allotted in any fiscal year beginning after September 30, 1984, an amount less than that State received for fiscal year 1984.".

20 USC 1204.

STATE PLANS

SEC. 105. (a) Section 306(a)(l) of the Act is amended by striking out "section 434" and inserting in lieu thereof "section 435". (b) Section 306(b) of the Act is amended— (1) by striking out "and" at the end of clause (13); (2) by striking out clause (14) and inserting in lieu thereof the following: "(14) provide such information about the State's adult education students, programs, expenditures, and goals as the Secretary may require, together with information with respect to the age, sex, and race of students in the programs assisted under this Act and whether the students complete such programs; and

20 USC 1205.

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 98 STAT. 2368

PUBLIC LAW 98-511—OCT. 19, 1984 "(15) provide such further assurances and information as the Secretary may require.". PAYMENTS

20 USC 1206.

SEC. 106. Section 307(b) of the Act is amended by inserting "(1)" after the subsection designation and by adding at the end thereof the following new paragraph: "(2) The Secretary may waive, for one fiscal year only, the requirements of paragraph (1) of this subsection, if the Secretary determines that such a waiver would be equitable due to exceptional or uncontrollable circumstances such as a natural disaster or a precipitous and unforeseen decline in the financial resources of the State educational agency.". .., ADMINISTRATION OF STATE PLANS

20 USC 1207.

SEC. 107. Section 308 of the Act is amended to read as follows: ADMINISTRATION OF STATE PLANS

20 USC 1234b, 1234c.

"SEC. 308. Whenever the Secretary has reason to believe that, in administering its State plan, a State has failed to comply substantially with any provision of that State plan, the Secretary may take appropriate action under sections 453 and 454 of the General Education Provisions Act.". NATIONAL PROGRAMS

20 USC 1207a.

SEC. 108. Section 309 of the Act is amended to read as follows: " R E S E A R C H, DEVELOPMENT, DEMONSTRATION, DISSEMINATION, AND

EVALUATION

Grants. contracts with

U.S.

20 USC 1221e.

"SEC. 309. (a)(1) The Secretary shall, with funds set aside under section 3140b), support applied research, development, demonstration, dissemination, evaluation, and related activities which will contribute to the improvement and expansion of adult education in the United States. The activities required by this subsection may include— "(A) improving adult education opportunities for elderly individuals and adult immigrants, "(B) evaluating educational technology and computer software suitable for providing instruction to adults, and "(C) supporting exemplary cooperative adult education programs which combine the resources of businesses, schools and community organizations. "(2)(A) The Secretary may support such activities directly, or through grants to, or contracts or cooperative agreements with, public or private institutions, agencies, or organizations, or individuals, including business concerns. "(B) Whenever the Secretary makes a grant or enters into a contract or cooperative agreement with any private for-profit institution, agency, organization, individual, or business concern, the Secretary shall assure that participants in the program assisted under this subsection are not charged for their participation. "(b) In addition to the responsibilities of the Director under section 405 of the General Education Provisions Act, the Director of the National Institute of Education may, with funds available under

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that section or with funds set aside under section 314(b) of this Act, ^"/^" support research on the special needs of individuals requiring adult education. The Director may support such research directly, or S^^^ ^^... through grants to, or contracts or cooperative agreements with, jf^ ^^^ ^ ^^ public or private institutions, agencies, or organizations, or individuals.". REPEALS AND REDESIGNATIONS

SEC. 109. (a)(1) Sections 311 and 318 of the Act are repealed. (2) Sections 312, 313, 314, 315, and 316 of the Act are redesignated as sections 311, 312,313,314, and 315, respectively. (b) Section 431A of the General Education Provisions Act is repealed.

20 USC 1208a, 1211c. 20 USC 1208b, 1209, 1210, 1211, 1211a. 20 USC 1232-1.

STATE ADVISORY COUNCILS

SEC. 110. Section 311 of the Act (as redesignated by section 109) is 20 USC 1208b. amended to read as follows: STATE ADVISORY COUNCILS

"SEC. 311. Any State may use funds granted under section 304 to support a State advisory council which assists the State educational agency to plan, implement, or evaluate programs or activities Eissisted under this Act.".

Ante, p. 2367.

NATIONAL ADVISORY COUNCIL ON ADULT EDUCATION

SEC. 111. Section 312 of the Act (as redesignated by section 109) is 20 USC 1209. amended by striking out "1984" and inserting in lieu thereof "1988". AUTHORIZATION OF APPROPRIATIONS

SEC. 112. Section 314 of the Act (as redesignated by section 109) is 20 USC 1211. amended to read as follows: APPROPRIATIONS AUTHORIZED

"SEC. 314. (a) For the purpose of carrying out this title there are authorized to be appropriated $140,000,000 for fiscal year 1985 and such sums as may be necessary for each of the three succeeding fiscal years. "(b)(l) From the amount appropriated pursuant to subsection (a) for any fiscal year the Secretary may set aside not to exceed 5 per centum of that amount for programs under section 309. The remain- Ante, p. 2496. der of the amount appropriated in each fiscal year shall be available for grants made under section 304. Ante, p. 2367. "(2) No set aside may be made pursuant to paragraph (1) of this subsection in any fiscal year in which the amount appropriated pursuant to subsection (a) of this section is less than $112,000,000.". TITLE II—REVISION OF THE BILINGUAL EDUCATION ACT SEC. 201. The Bilingual Education Act (20 U.S.C. 3221 et seq.) is amended to read as follows:

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 98 STAT. 2370 Bilingual

PUBLIC LAW 98-511—OCT. 19, 1984 "TITLE VII—BILINGUAL EDUCATION PROGRAMS

Education Act. "SHORT TITLE

20 USC 3221.

"SEC. 701. This title may be cited as the 'Bilingual Education Act'. "POLICY; APPROPRIATIONS

20 USC 3222.

"SEC. 702. (a) Recognizing— "(1) that there are large and growing numbers of children of limited English proficiency; "(2) that many of such children have a cultural heritage which differs from that of English proficient persons; "(3) that the Federal Government has a special and continuing obligation to assist in providing equal educational opportunity to limited English proficient children; "(4) that the Federal Government has a special and continuing obligation to assist language minority students to acquire the English language proficiency that will enable them to become full and productive members of society; "(5) that a primary means by which a child learns is through the use of such child's native language and cultural heritage; "(6) that, therefore, large numbers of children of limited English proficiency have educational needs which can be met by the use of bilingual educational methods and techniques; "(7) that in some school districts establishment of bilingual education programs may be administratively impractical due to the presence of small numbers of students of a particular native language or because personnel who are qualified to provide bilingual instructional services are unavailable; "(8) that States and local school districts should be encouraged to determine appropriate curricula for limited English proficient students within their jurisdictions and to develop and implement appropriate instructional programs; "(9) that children of limited English proficiency have a high dropout rate and low median years of education; "(10) that the segregation of many groups of limited English proficient students remains a serious problem; "(11) that both limited English proficient children and children whose primary language is English can benefit from bilingual education programs, and that such programs help develop our national linguistic resources; "(12) that research, evaluation, and data collection capabilities in the field of bilingual education need to be strengthened so as to better identify and promote those programs and instructional practices which result in effective education; "(13) that parent and community participation in bilingual education programs contributes to program effectiveness; and "(14) that because of limited English proficiency, many adults are not able to participate fully in national life, and that limited English proficient parents are often not able to participate effectively in their children's education, the Congress declares it to be the policy of the United States, in order to establish equal educational opportunity for all children and to promote educational excellence (A) to encourage the establishment and operation, where appropriate, of educational programs using bilingual educational practices, techniques, and methods, (B)

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to encourage the establishment of special alternative instructional programs for students of limited English proficiency in school districts where the establishment of bilingual education programs is not practicable or for other appropriate reasons, and (C) for those purposes, to provide financial assistance to local educational agencies, and, for certain related purposes, to State educational agencies, institutions of higher education, and community organizations. The programs assisted under this title include programs in elementary and secondary schools as well as related preschool and adult programs which are designed to meet the educational needs of individuals of limited English proficiency, with particular attention to children having the greatest need for such programs. Such programs shall be designed to enable students to achieve full competence in English. Such programs may additionally provide for the development of student competence in a second language. "(b)(1) For the purposes of carrying out the provisions of this title. there are authorized to be appropriated for fiscal year 1985 and each of the three succeeding years such sums as may be necessary, subject to paragraph (7). "(2) There are further authorized to be appropriated to carry out the provisions of section 732, such sums as may be necessary for fiscal year 1985 and each of the three succeeding fiscal years, subject to paragraph (7). "(3) From the sums appropriated under paragraph (1) for any fiscal year which do not exceed $140,000,000, the Secretary shall reserve 4 percent for special alternative instructional programs and related activities authorized under this Act. From the sums appropriated under paragraph (1) for any fiscal year in excess of $140,000,000, the Secretary shall reserve 50 percent for special alternative instructional programs and related activities authorized under this Act, except that the amount of funds reserved for special alternative instructional programs and related activities pursuant to this paragraph shall not exceed 10 percent of the funds appropriated under paragraph (1). "(4) From the sums appropriated under paragraph (1) for any fiscal year, the Secretary shall reserve at least 60 percent for the programs carried out under part A of this Act; and of this amount, at least 75 percent shall be reserved for the programs of transitional bilingual education carried out under section 721(a)(l). "(5) From the sums appropriated under paragraph (1) for any fiscal year, the Secretary shall reserve at least 25 percent for training activities carried out under part C. "(6) The Secretary shall reserve from the amount not reserved pursuant to paragraphs (4) and (5) of this subsection such amount as may be necessary, but not in excess of 1 percent thereof, for the purposes of section 752. "(7) Notwithstanding paragraphs (1) and (2), no amount in excess of $176,000,000 is authorized to be appropriated to carry out the provisions of this title (including section 732) for fiscal year 1985.

Appropriation authorization.

Post, p. 2380.

Ante, p. 2369.

Post, p. 2374. Post, p. 2374. Post, p. 2383.

Post, P- 2386. Post, p. 2380.

"DEFINITIONS; REGULATIONS

"SEC. 703. (a) The following definitions shall apply to the terms 20 USC p. 3228. used in this title: "(1) The terms 'limited English proficiency' and 'limited English proficient' when used with reference to individuals means—

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 98 STAT. 2372

20 USC 2711.

PUBLIC LAW 98-511—OCT. 19, 1984 "(A) individuals who were not born in the United States or whose native language is a language other than English; "(B) individuals who come from environments where a language other than English is dominant, as further defined by the Secretary by regulation; and "(C) individuals who are American Indian and Alaskan Natives and who come from environments where a language other than English has had a significant impact on their level of English language proficiency, subject to such regulations as the Secretary determines to be necessary; and who, by reason thereof, have sufficient difficulty speaking, reading, writing, or understanding the English language to deny such individuals the opportunity to learn successfully in classrooms where the language of instruction is English or to participate fully in our society. "(2) The term 'native language', when used with reference to an individual of limited English proficiency, means the language normally used by such individuals, or in the case of a child, the language normally used by the parents of the child. "(3) The term 'low-income' when used with respect to a family means an annual income for such a family which does not exceed the poverty level determined pursuant to section 111(c)(2) of title I of the Elementary and Secondary Education Act of 1965. "(4)(A) The term 'program of transitional bilingual education' means a program of instruction, designed for children of limited English proficiency in elementary or secondary schools, which provides, with respect to the years of study to which such program is applicable, structured English language instruction, and, to the extent necessary to allow a child to achieve competence in the English language, instruction in the child's native language. Such instruction shall incorporate the cultural heritage of such children and of other children in American society. Such instruction shall, to the extent necessary, be in all courses or subjects of study which will allow a child to meet gradepromotion and graduation standards. "(B) In order to prevent the segregation of children on the basis of national origin in programs of transitional bilingual education, and in order to broaden the understanding of children about languages and cultural heritages other than their own, a program of transitional bilingual education may include the participation of children whose language is English, but in no event shall the percentage of such children exceed 40 percent. The program may provide for centralization of teacher training and curriculum development, but it shall serve such children in the schools which they normally attend. "(C) In such courses or subjects of study as art, music, and physical education, a program of transitional bilingual education shall make provision for the participation of children of limited English proficiency in regular classes. "(D) Children enrolled in a program of transitional bilingual education shall, if graded classes are used, be placed, to the extent practicable, in classes with children of approximately the same age and level of educational attainment. If children of significantly varying ages or levels of educational attainment are placed in the same class, the program of transitional bilingual education shall seek to insure that each child is provided

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with instruction which is appropriate for his or her level of educational attainment. "(5)(A) The term 'program of developmental bilingual education' means a full-time program of instruction in elementary and secondary schools which provides, with respect to the years of study to which such program is applicable, structured English-language instruction and instruction in a second language. Such programs shall be designed to help children achieve competence in English and a second language, while mastering subject matter skills. Such instruction shall, to the extent necessary, be in all courses or subjects of study which will allow a child to meet grade-promotion and graduation standards. "(B) Where possible, classes in programs of developmental bilingual education shall be comprised of approximately equal numbers of students whose native language is English and limited English proficient students whose native language is the second language of instruction and study in the program. "(6) The term 'special alternative instructional programs' means programs of instruction designed for children of limited English proficiency in elementary and secondary schools. Such programs are not transitional or developmental bilingual education programs, but have specially designed curricula and are appropriate for the particular linguistic and instructional needs of the children enrolled. Such programs shall provide, with respect to the years of study to which such program is applicable, structured English language instruction and special instructional services which will allow a child to achieve competence in the English language and to meet grade-promotion and graduation standards. "(7) The term 'family English literacy program' means a program of instruction designed to help limited English proficient adults and out-of-school youth achieve competence in the English language. Such programs of instruction may be conducted exclusively in English or in English and the student's native language. Where appropriate, such programs may include instruction on how parents and family members can facilitate the educational achievement of limited English proficient children. To the extent feasible, preference for participation in such programs shall be accorded to the parents and immediate family members of children enrolled in programs assisted under this title. "(8) The term 'programs of academic excellence' means programs of transitional bilingual education, developmental bilingual education, or special alternative instruction which have an established record of providing effective, academically excellent instruction and which are designed to serve as models of exemplary bilingual education programs and to facilitate the dissemination of effective bilingual educational practices. "(9) The term 'Office' means the Office of Bilingual Education and Minority Language Affairs. "(10) The term Director' means the Director of the Office of Bilingual Education and Minority Languages Affairs. "(11) The term 'Council' means the National Advisory and Coordinating Council on Bilingual Education. "(12) The term 'Secretary' means the Secretary of Education. "(13) The term 'other programs for persons of limited English proficiency' when used in this title means any programs within

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 98 STAT. 2374

Ante, p. 2477. 20 USC 1205. 20 USC 351d. Regulations.

PUBLIC LAW 98-511—OCT. 19, 1984

the Department of Education directly involving bilingual education activities serving persons of limited English proficiency, such as the programs carried out in coordination with the provisions of this title pursuant to part E of title IV of the Carl D. Perkins Vocational Education Act, and section 306(a)(ll) of the Adult Education Act, and programs and projects serving areas with high concentrations of persons of limited English proficiency pursuant to section 6(b)(4) of the Library Services and Construction Act. "(b)(1) In prescribing regulations under this title, the Secretary shall, through the National Advisory and Coordinating Council on Bilingual Education, consult with State and local educational agencies, organizations representing persons of limited English proficiency, and organizations representing teachers and other personnel involved in bilingual education. "(2) The Secretary shall not prescribe under this title any regulations further defining the terms defined in paragraphs (4), (5), (6), (7), and (8) of subsection (a), or any regulations restricting or expanding the definitions contained in such paragraphs. "(c) Parents of children participating in programs assisted under this title shall be informed of the instructional goals of the program and the progress of their children in such program. 'PART A—FINANCIAL ASSISTANCE FOR BIUNGUAL EDUCATION PROGRAMS BILINGUAL EDUCATION PROGRAMS

Grants. 20 USC 3231.

"SEC. 721. (a) Funds available for grants under this part shall be used for the establishment, operation, and improvement of— "(1) programs of transitional bilingual education; "(2) programs of developmental bilingual education; "(3) special alternative instructional programs for students of limited English proficiency; "(4) programs of academic excellence; "(5) family English literacy programs; "(6) bilingual preschool, special education, and gifted and talented programs preparatory or supplementary to programs such as those assisted under this Act; and "(7) programs to develop instructional materials in languages for which such materials are commercially unavailable. "(b)(1)(A) A grant may be made under subsection (a)(1), (2), (3), or (4) of this section only upon application therefore by one or more local educational agencies or by institutions of higher education, including junior or community colleges, applying jointly with one or more local educational agencies. "(B) A grant may be made under subsection (a)(5) or (6) only upon application therefore by one or more local educational agencies; institutions of higher education, including junior or community colleges; and private nonprofit organizations, applying separately or jointly. "(c)(1) Any application for a grant authorized under subsection (a) of this section shall be made to the Secretary at such time, and in such manner, as the Secretary deems appropriate. "(2) Applications for grants authorized under subsections (a)(D, (a)(2), and (a)(3) of this section, shall contain information regarding—

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98 STAT. 2375

"(A) the number of children enrolled in programs conducted by the local educational agency; "(B) the number of children residing in the area served by the local educational agency who are enrolled in private schools; "(C)(i) the number of children enrolled in public and private schools in the area served by the local educational agency who are limited in their English proficiency; (ii) the method used by the applicant to make this determination; and (iii) evidence of the educational condition of the limited English proficient students, such as reading, mathematics, and subject matter test scores, and, where available, data on grade retention rates, rates of referral to or placement in special education programs, and student dropout rates; "(D) the number of limited English proficient children who are enrolled in instructional programs specifically designed to meet their educational needs, as well as descriptions of such programs; "(E) the number of limited English proficient children enrolled in public or private schools in the area served by the local educational agency who need or could benefit from education programs such as those assisted under this title; "(F) the number of children who are to receive instruction through the proposed program and the extent of their educational needs; "(G) a statement of the applicant's ability to serve children of limited English proficiency, including an assessment of the qualifications of personnel who will participate in the proposed project and of the need for further training of such personnel; "(H) the resources needed to develop and operate or improve the proposed program; "(I) the activities which would be undertaken under the grant and how these activities will improve the educational attainment of students and expand the capacity of the applicant to operate programs such as those assisted under this Act when Federal assistance under this section is no longer available; and "(J) the specific educational goals of the proposed program and how achievement of these goals will be measured. "(3) Applications for grants authorized under subsection (a)(3) of this section from applicants who desire to obtain priority in the awarding of such grants may contain information regarding (A) the administrative impracticability of establishing a bilingual education program due to the presence of small number of students of a particular native language, (B) the unavailability of personnel qualified to provide bilingual instructional services, or (C) the applicant's current or past efforts to establish a bilingual education program. "(4) Applications for grants authorized under subsection (a)(4) shall contain information regarding— "(A) the number of children served by the existing bilingual education program and evidence of their educational condition prior to enrollment in the program; "(B) a description of the existing program as well as the educational background and linguistic competencies of program personnel; "(C) the extent to which the program has promoted student academic achievement as indicated by objective evidence, such as improvements in language, mathematics, and subject matter test scores; grade retention rates; rates of referral to or place-

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 98 STAT. 2376

PUBLIC LAW 98-511—OCT. 19, 1984

ment in special education programs; student dropout rates; and, where appropriate, postsecondary education and employment experiences of students; "(D) the extent of parent involvement in and satisfaction with the existing bilingual education program; and "(E) how the activities carried out under the grant would utilize and promote programs of academic excellence which employ bilingual educational practices, techniques, and methods. "(5) Applications for grants authorized under subsection (a)(5) shall contain information regarding— "(A) the number of limited English proficient parents and outof-school family members of limited English proficient students who would be served by the English literacy program; "(B) the activities which would be undertaken under the grant and how these activities will promote English literacy and enable parents and family members to assist in the education of limited English proficient children; "(C) the extent to which the persons to be served by the program have been involved in its development; "(D) applicant's prior experience and performance in providing educational programs to limited English proficient adults and out-of-school youth; "(E) with respect to applications by a local educational agency, the extent to which limited English proficient students enrolled in the educational agency are served by programs specifically designed to meet their needs; and "(F) with respect to other applicants, a description of how the applicant will coordinate its program with a local education agency to ensure that the program will help limited English proficient family members promote the academic progress of limited English proficient children. "(d)(1)(A) Grants made pursuant to subsections (a)(D, (a)(2), and (a)(3) of this section shall be for three years. "(B) During the first six months of grants made pursuant to subsections (a)(1), (a)(2), and (a)(3) of this section, an applicant shall engage exclusively in preservice activities. Such activities may include program design, materials development, staff recruitment and training, development of evaluation mechanisms and procedures, and the operation of programs to involve parents in the educational program and to enable parents and family members to assist in the education of limited English proficient children. This subparagraph may be waived by the Secretary upon a determination that an applicant is prepared to operate successfully the proposed instructional program. "(C) Upon reapplication, grants authorized under subsections (a)(l), (a)(2), and (a)(3) of this section shall be renewed for two additional years unless the Secretary determines that— "(i) the applicant's program does not comply with the requirements set out in this title; "(ii) the applicant's program has not made substantial progress in achieving the specific educational goals set out in the original application; or "(iii) there is no longer a need for the applicant's program. "(D) Parents or legal guardians of students identified for enrollment in bilingual education programs shall be informed of (i) the reasons for the selection of their child as in need of bilingual

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98 STAT. 2377

education, (ii) the alternative educational programs that are available, and (iii) the nature of the bilingual education program and of the instructional alternatives. Parents shall also be informed that they have the option of declining enrollment of their children in such programs and shall be given an opportunity to do so if they so choose. "(2) Grants made pursuant to subsections (a)(4) and (a)(5) shall be for three years. "(3) Grants made pursuant to subsections (a)(6) and (a)(7) shall be for a period of one to three years. "(e) An application for a grant authorized under subsections (a)(1), (a)(2), and (a)(3) of this section shall— "(1) be developed in consultation with an advisory council, of which a majority shall be parents and other representatives of the children to be served in such programs, in accordance with criteria prescribed by the Secretary; "(2) be accompanied by documentation of such consultation and by the comments which the Council makes on the application; "(3) contain assurances that, after the application has been approved, the applicant will provide for the continuing consultation with, and participation by, the committee of parents, teachers, and other interested individuals which shall be selected by and predominantly composed of parents of children participating in the program, and in the case of programs carried out in secondary schools, representatives of the secondary students to be served; and "(4) include evidence that the State educational agency has been notified of the application and has been given the opportunity to offer recommendations thereon to the applicant and to the Secretary. "(f) An application for a grant under subsections (a)(D, (a)(2), and (a)(3) of this section may be approved only if the Secretary determines— "(1) that the program will use qualified personnel, including only those personnel who are proficient in the language or languages used for instruction; "(2) that in designing the program for which application is made, the needs of the children in nonprofit private elementary and secondary schools have been taken into account through consultation with appropriate private school officials; and, consistent with the number of such children enrolled in such schools in the area to be served whose educational needs are of the type and whose language and grade levels are of a similar t5rpe which the program is intended to address, after consultation with appropriate private school officials, provision has been made for the participation of such children on a basis comparable to that provided for public school children; "(3) that the program will be evaluated in accordance with a plan that meets the requirements of section 733 of this title; Post, p. 2381. "(4) that Federal funds made available for the project or activity will be used so as to supplement the level of State and local funds that, in the absence of those Federal funds, would have been expended for special programs for children of limited English proficiency and in no case to supplant such State and local funds, except that nothing in this clause shall—

31-194 - 0

86 - 39: QL. 3 Part 2

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 98 STAT. 2378

42 USC 2000d.

PUBLIC LAW 98-511—OCT. 19, 1984

"(A) preclude a local education agency from using funds under this title for activities carried out under an order of a court of the United States or of any State respecting services to be provided such children, or to carry out a plan approved by the Secretary as adequate under title VI of the Civil Rights Act of 1964 with respect to services to be provided such children; or "(B) authorize any priority or preference to be assigned by the Secretary to the funding of the activities under this title; "(5) that the assistance provided under the application will contribute toward building the capacity of the applicant to provide a program on a regular basis, similar to that proposed for assistance, which will be of sufficient size, scope, and quality to promise significant improvement in the education of children of limited English proficiency, and that the applicant will have the resources and commitment to continue the program when assistance under this title is reduced or no longer available; "(6) that the applicant will provide or secure training for personnel participating, or preparing to participate, in the program and that, to the extent possible, college or university credit will be awarded for such training; and "(7) that the provision of assistance proposed in the application is consistent with criteria established by the Secretary, after consultation with the State educational agency, for the purpose of achieving an equitable distribution of assistance under this part within the State in which the applicant is located, taking into consideration— "(A) the geographic distribution of children of limited English proficiency; "(B) the relative need of persons in different geographic areas within the State for the kinds of services and activities authorized under this title; "(C) and with respect to grants to carry out programs described in subsections (a)(D, (a)(2), and (a)(3) of this section, the relative ability of particular local educational agencies within the State to provide such services and activities; and "(D) with respect to such grants, the relative numbers of persons from low-income families sought to be benefited by such programs. "(g) An application for a grant under subsection (a)(3) of this section may receive priority based upon the information provided by the applicant pursuant to clause (A), (B), or (C) of subsection (c)(3) of this section. "(h) In the consideration of applications from local educational agencies to carry out programs authorized under this section, the Secretary shall give priority to applications from local educational agencies which are located in various geographical regions of the Nation and which propose to sissist children of limited English proficiency who have historically been underserved by programs of bilingual education, taking into consideration the relative numbers of such children in the schools of such local educational agencies and the relative need for such programs. In approving such applications, the Secretary shall, to the extent feasible, allocate funds appropriated in proportion to the geographical distribution of children of limited English proficiency throughout the Nation, with due

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98 STAT. 2379

regard for the relative ability of particular local educational agencies to carry out such programs and the relative numbers of persons from low-income families sought to be benefited by such programs. "(i) Programs authorized under this title in the Commonwealth of Puerto Rico may, notwithstanding any other provision of this title, include programs of instruction, teacher training, curriculum development, research, evaluation, and testing designed to improve the English proficiency of children, and may also make provision for serving the needs of students of limited proficiency in Spanish. "(j) If the Secretary determines that an applicant for assistance under this title is unable or unwilling to provide for the participation in the program for which assistance is sought of children of limited English proficiency enrolled in nonprofit, private schools, as required by subsection (0(2) of this section, the Secretary shall— "(1) withhold approval of such application until the applicant demonstrates that it is in compliance with those requirements; or "(2) reduce the amount of the grant to such applicant by the amount which is required for the Secretary to arrange (such as through a contract with a nonprofit, nonsectarian agency, organization, or institution) to assess the needs of the children in the area to be served for programs of the type authorized in this title and to carry out such programs for the children. INDIAN CHILDREN IN SCHOOLS

"SEC. 722. (a) For the purpose of carrying out programs under this 20 USC 3232. title for individuals served by elementary, secondary, or postsecondary schools operated predominantly for Indian or Alaskan Native children, an Indian tribe or a tribally sanctioned educational authority may be considered to be a local educational agency as such term is used in this title, subject to the following qualifications: "(1) The term 'Indian tribe' means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaskan Native Claims Settlement Act (85 Stat. 688) which is recognized for the 43 USC 1601 special programs and services provided by the United States to note. Indians because of their status as Indians. "(2) The term 'tribally sanctioned educational authority' means any department or division of education operating within the administrative structure of the duly constituted governing body of an Indian tribe, as well as any nonprofit institution or organization which is chartered by the governing body of an Indian tribe to operate any such school or otherwise to oversee delivery of educational services to members of that tribe and which is approved by the Secretary for the purposes of this section. "(b) From the sums appropriated pursuant to section 702(b), the Secretary is authorized to make payments to the applicants to carry out programs of bilingual education for Indian children on reservations served by elementary and secondary schools operated or funded by the Bureau of Indian Affairs. "(c) The Assistant Secretary of the Interior for the Bureau of Report. Indian Affairs shall submit to the Congress, the President, and the Secretary by September 30 of each year an annual report which provides—

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PUBLIC LAW 98-511—OCT. 19, 1984 "(1) an assessment of the needs of the Indian children with respect to the purposes of this title in schools operated or funded by the Department of the Interior, including those tribes and local educational agencies receiving assistance under the Johnson-O'Malley Act (25 U.S.C. 452 et seq.); and "(2) an assessment of the extent to which such needs are being met by funds provided to such schools for educational purposes through the Secretary of the Interior. "PART B—DATA COLLECTION, EVALUATION, AND RESEARCH USE OF F U N D S

20 USC 3241.

"SEC. 731. Funds available under this part shall be used for (1) collecting data on the number of limited English proficient persons and the educational services available to such persons, (2) evaluating the operation and effectiveness of programs assisted under this title, (3) conducting research to improve the effectiveness of bilingual education programs, and (4) collecting, analyzing, and disseminating data and information on bilingual education. "GRANTS FOR STATE PROGRAMS

20 USC 3242.

"SEC. 732. (a) Upon an application from a State educational agency, the Secretary shall make provision for the submission and approval of a State program for the collection, aggregation, analysis, and publication of data and information on the State's population of limited English proficient persons and the educational services provided or available to such persons. Report. "(b) State programs under this part shall provide for the annual Regulations. submission of a report to the Secretary containing data and information on such matters as the Secretary shall, by regulation, determine necessary and proper to achieve the purposes of this title. Ante, p. 2374. including the matters specified in section 721(c)(2). Such reports shall be in such form and shall be submitted on such date as the Public Secretary shall specify by regulation. State programs shall provide information. for the dissemination of information regarding these matters to the public, and particularly to persons of limited English proficiency. "(c) State programs authorized under this section may also provide for— "(1) the planning and development of educational programs such as those assisted under this title; "(2) the review and evaluation of programs of bilingual education, including bilingual education programs that are not funded under this title; "(3) the provision, coordination, or supervision of technical and other forms of nonfinancial assistance to local educational agencies, community organizations, and private elementary and secondary schools that serve limited English proficient persons; "(4) the development and administration of instruments and procedures for the assessment of the educational needs and competencies of persons of limited English proficiency; "(5) the training of State and local educational agency staff to carry out the purposes of this title; and "(6) other activities and services designed to build the capacity of State and local educational agencies to serve the educational needs of persons of limited English proficiency.

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"(d) Except as provided in the second sentence of this subparagraph, the Secretary shall pay from the amounts appropriated for the purposes of this section pursuant to section 702(b)(2) for each Ante, p. 2370. fiscal year to each State educational agency which has a State program submitted and approved under subsection (a) of this section such sums as may be necessary for the proper and efficient conduct of such State program. The amount paid by the Secretary to any State educational agency under the preceding sentence for any fiscal year shall not be less than $50,000 nor greater than 5 percent of the aggregate of the amounts paid under section 721 for programs Ante, p. 2374. within such State in the fiscal year preceding the fiscal year to which this limitation applies. "(e) Funds made available under this section for any fiscal year shall be used by the State educational agency to supplement and, to the extent practical, to increase the level of funds that would, in the absence of such funds, be made available by the State for the purposes described in this section, and in no case to supplant such funds. PROGRAM EVALUATION REQUIREMENTS

"SEC. 733. (a) The Secretary shall issue, within six months of the Regulations. date of enactment of this section, regulations which set forth a 20 USC 3243. comprehensive design for evaluating the programs assisted under part A of this title. Such regulations shall be developed by the Ante, p. 2374 Director in consultation with the National Advisory and Coordinating Council on Bilingual Education. Such regulations shall provide for the collection of information and data including— "(1) the educational background, needs, and competencies of the limited English proficient persons served by the program; "(2) the specific educational activities undertaken pursuant to the program; the pedagogical materials, methods, and techniques utilized in the program; and with respect to classroom activities, the relative amount of instructional time spent with students on specified tasks; "(3) the educational and professional qualifications, including language competencies, of the staff responsible for planning and operating the program; and "(4) the extent of educational progress achieved through the program measured, as appropriate, by (A) tests of academic achievement in English language arts, and where appropriate, second language arts; (B) tests of academic achievement in subject matter areas; and (C) changes in the rate of student grade-retention, dropout, absenteeism, referral to or placement in special education classes, placement in programs for the gifted and talented, and enrollment in postsecondary education institutions. EVALUATION ASSISTANCE CENTERS

"SEC. 734. The Secretary shall establish, through competitive grants to institutions of higher education, at least two evaluation assistance centers. Such centers shall provide, upon the request of State or local educational agencies, technical assistance regarding methods and techniques for identifying the educational needs and competencies of limited English proficient persons and assessing the educational progress achieved through programs such as those as-

Grants. 20 USC 3244.

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PUBLIC LAW 98-511—OCT. 19, 1984

sisted under this title. Grants made pursuant to this section shall be for a period of three years. RESEARCH Contracts with U.S. 20 USC 3245.

Public information.

"SEC. 735. (a) The Secretary shall, through competitive contracts under this section, provide financial assistance for research and development proposals submitted by institutions of higher education, private for-profit and nonprofit organizations, State and local educational agencies, and individuals. "(b) Research activities authorized to be assisted under this section shall include— "(1) studies to determine and evaluate effective models for bilingual education programs; "(2) studies which examine the process by which individuals acquire a second language and master the subject matter skills required for grade-promotion and graduation, and which identify effective methods for teaching English and subject matter skills within the context of a bilingual education program or special alternative instructional program to students who have language proficiencies other than English; "(3) longitudinal studies to measure the effect of this title on the education of students who have language proficiencies other than English, and the effect of this title on the capacity of local educational agencies to operate bilingual programs following the termination of assistance under this title; "(4) studies to determine effective and reliable methods for identifying students who are entitled to services under this title and for determining when their English language proficiency is sufficiently well developed to permit them to derive optimal benefits from an all-English instructional program; "(5) the operation of a clearinghouse which shall collect, analyze, and disseminate information about bilingual education and related programs; "(6) studies to determine effective methods of teaching English to adults who have language proficiencies other than English; "(7) studies to determine and evaluate effective methods of instruction for bilingual programs, taking into account language and cultural differences among students; and "(8) studies to determine effective approaches to preservice and inservice training for teachers, taking into account the language and cultural differences of their students. "(c) In carrying out the responsibilities of this section, the Secretary may delegate authority to the Director, and in any event, shall consult with the Director, the National Advisory and Coordinating Council on Bilingual Education, representatives of State and local educational agencies, and appropriate groups and organizations involved in bilingual education. "(d) The Secretary shall publish and disseminate all requests for proposals in research and development assisted under this title. COORDINATION OF RESEARCH

20 USC 3246. 20 USC 1221e.

"SEC. 736. Notwithstanding section 405(b)(1) of the General Education Provisions Act, the Director of the National Institute of Education shall consult with the Director and the National Advisory and

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Coordinating Council on Bilingual Education to insure that research activities undertaken pursuant to section 405(b)(2)(C) of the General Education Provisions Act complement and do not duplicate the activities conducted pursuant to this part. EDUCATION STATISTICS

"SEC. 737. (a) Notwithstanding section 406 of the General Educa- Public tion Provisions Act, the National Center for Education Statistics information. shall collect and publish, as part of its annual report on the condi- 20 USC 3247. tion of education, data for States, Puerto Rico, and the Trust Territories with respect to the population of limited English proficient persons, the special educational services and programs available to limited English proficient persons, and the availability of educational personnel qualified to provide special educational services and programs to limited English proficient persons. "(b) In carrying out its responsibilities under this section, the National Center for Education Statistics shall utilize, to the extent feasible, data submitted to the Department of Education by State and local educational agencies and institutions of higher education pursuant to the provisions of this title. "PART C—TRAINING AND TECHNICAL ASSISTANCE USE OF FUNDS

"SEC. 741. (a) Funds available under this part shall be used for— 20 USC 3251. "(1) the establishment, operation, and improvement of training programs for educational personnel preparing to participate in, or personnel participating in, the conduct of programs of bilingual education or special alternative instructional programs for limited English proficient students, which shall emphasize opportunities for career development, advancement, and lateral mobility, and may provide training to teachers, administrators, counselors, paraprofessionals, teacher aides, and parents; "(2) the training of persons to teach and counsel such persons; "(3) the encouragement of reform, innovation, and improvement in applicable education curricula in graduate education, in the structure of the academic profession, and in recruitment and retention of higher education and graduate school faculties, as related to bilingual education; "(4) the operation of short-term training institutes designed to improve the skills of participants in programs of bilingual education or special alternative instructional programs for limited English proficient students; which may include summer programs designed to improve the instructional competence of educational personnel in the languages used in the program; and "(5) the provision of inservice training and technical assistance to parents and educational personnel participating in, or preparing to participate in, bilingual education programs or special alternative instructional programs for limited English proficient students. "(b)(1) A grant or contract may be made under subsection (a)(D, Grants. (a)(2), or (a)(3) of this section upon application of an institution of contracts with U.S. higher education.

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Ante, p. 2374.

PUBLIC LAW 98-511—OCT. 19, 1984

"(2) A grant or contract may be made under subsection (a)(4) of this section upon application of (A) institutions of higher education (including junior colleges and community colleges) and private forprofit or nonprofit organizations which apply, after consultation with, or jointly with, one or more local educational agencies or a State educational agency; (B) local educational agencies; or (C) a State educational agency. "(3) A grant or contract may be made under subsection (a)(5) of this section upon application of (A) institutions of higher education (including junior colleges and community colleges), (B) private forprofit or nonprofit organizations, or (C) a State educational agency. "(c) An application for a grant or contract for preservice or inservice training activities described in subsection (a)(1) of this section shall be considered an application for a program of bilingual education for the purposes of section 721(e) of this title. "(d) In making a grant or contract for preservice training programs described in subsection (a)(1) of this section, the Secretary shall give preference to programs which contain coursework in— "(1) teaching English as a second language; "(2) use of a non-English language for instructional purposes; "(3) linguistics; and "(4) evaluation and assessment; and involving parents in the educational process. Preservice training programs shall be designed to ensure that participants become proficient in English and a second language of instruction. "MULTIFUNCTIONAL RESOURCE CENTERS

Grants. Contracts with 20 USC S2'^2

"SEC. 742. (a) Pursuant to subsection (a)(5) of section 741, the Secretary shall establish, through competitive grants or contracts, ^^ least 16 multifunctional resource centers (hereafter in this section referred to as 'centers'). Grants and contracts shall be awarded with consideration given to the geographic and linguistic distribution of children of limited English proficiency. "(b) In addition to providing technical assistance and training to persons participating in or preparing to participate in bilingual education programs or special alternative instructional programs for limited English proficient students, each center shall be responsible for gathering and providing information to other centers on a particular area of bilingual education, including (but not limited to) bilingual special education, bilingual education for gifted and talented limited English proficient students, bilingual vocational education, bilingual adult education, bilingual education program administration, literacy, education technology in bilingual programs, mathematics and science education in bilingual programs, counseling limited English proficient students, and career education programs for limited English proficient students. "FELLOWSHIPS

20 USC 3253.

"SEC. 743. (a) Pursuant to subsection (a)(2) of section 741, the Secretary is authorized to award fellowships for advanced study of bilingual education or special alternative instructional programs for limited English proficient students in such areas as teacher training, program administration, research and evaluation, and curriculum development. For the fiscal year ending September 30, 1985, not less than 500 fellowships leading to a graduate degree shall be

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awarded under the preceding sentence. Such fellowships shall be awarded, to the extent feasible, in proportion to the needs of various groups of individuals with limited English proficiency. In awarding fellowships, the Secretary shall give preference to individuals intending to study bilingual education or special alternative instructional programs for limited English proficient students in the following specialized areas: vocational education, adult education, gifted and talented education, special education, education technology, literacy, and mathematics and science education. The Secretary shall include information on the operation of the fellowship program in the report required under section 751(c) of this title. "(b) The Secretary shall undertake an on-going longitudinal study of the impact of recipients of such fellowships on the field of bilingual education and alternative instructional programs for students of limited English proficiency and shall, through the clearinghouse established pursuant to section 735(b)(5) of this title, disseminate research undertaken by recipients of such fellowships. "(c) Any person receiving a fellowship under this section shall agree either to repay such assistance or to work for a period equivalent to the period of time during which such person received assistance, and such work shall be in an activity related to programs and activities such as those authorized under this Act. The Secretary may waive this requirement in extraordinary circumstances.

Infra. Study. Public information.

PRIORITY

"SEC. 744. In making grants or contracts under this part, the 20 USC 3254. Secretary shall give priority to eligible applicants with demonstrated competence and experience in programs and activities such as those authorized under this Act. STIPENDS

"SEC. 745. In the terms of any arrangement described in this part, the Secretary shall provide for the payment, to persons participating in training programs so described, of such stipends (including allowances for subsistence and other expenses for such persons and their dependents) as the Secretary may determine to be consistent with prevailing practices under comparable federally supported programs.

20 USC 3255.

"PART D—ADMINISTRATION OFFICE OF BILINGUAL EDUCATION AND MINORITY LANGUAGES AFFAIRS

"SEC. 751. (a) There shall be, in the Department of Education, an Office of Bilingual Education and Minority Languages Affairs (hereafter in this section referred to as the 'Office') through which the Secretary shall carry out functions relating to bilingual education. "(b)(1) The Office shall be headed by a Director of Bilingual Education and Minority Languages Affairs, appointed by the Secretary, to whom the Secretary shall delegate all delegable functions relating to bilingual education. The Director shall also be assigned responsibility for coordinating the bilingual education aspects of other programs administered by the Secretary. "(2) The Office shall be organized as the Director determines to be appropriate in order to enable the Director to carry out such functions and responsibilities effectively, except that there shall be

Establishment. 20 USC 3261.

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Report.

Ante, p. 2370.

PUBLIC LAW 98-511—OCT. 19, 1984 a division, within the Office, which is exclusively responsible for the collection, aggregation, analysis, and publication of data and information on the operation and effectiveness of programs assisted under this title. "(c) The Secretary, in consultation with the Council, shall prepare and, not later than February 1 of 1986 and 1988, shall submit to the Congress and the President a report on the condition of bilingual education in the Nation and the administration and operation of this title and of other programs for persons of limited English proficiency. Such report shall include— "(1) a national assessment of the educational needs of children and other persons with limited English proficiency and of the extent to which such needs are being met from Federal, State, and local efforts; "(2) a plan, including cost estimates, to be carried out during the five-year period beginning on such date, for extending programs of bilingual education and bilingual vocational and adult education programs to all such preschool and elementary school children and other persons of limited English proficiency, including a phased plan for the training of the necessary teachers and other educational personnel necessary for such purpose; "(3) a report on and evaluation of the activities carried out under this title during the preceding two fiscal years and the extent to which each of such activities achieves the policy set forth in section 702(a); "(4) a statement of the activities intended to be carried out during the succeeding period, including an estimate of the cost of such activities; "(5)(A) an assessment of the number of teachers and other educational personnel needed to carry out programs of bilingual education under this title and those carried out under other programs for persons of limited English proficiency; "(B) a statement describing the activities carried out thereunder designed to prepare teachers and other educational personnel for such programs; and "(C) the number of other educational personnel needed to carry out programs of bilingual education in the States; and "(6) an estimate of the number of fellowships in the field of training teachers for bilingual education which will be necessary for the two succeeding fiscal years. "(d) In order to maximize Federal efforts aimed at serving the educational needs of children of limited English proficiency, the Secretary shall coordinate and closely cooperate with other programs administered by the Department of Education, including such areas as teacher training, program content, research, and curriculum. The Secretary's report under subsection (c) shall include demonstration that such coordination has taken place. "(e) The Secretary shall ensure that the Office of Bilingual Education and Minority Languages Affairs is staffed with sufficent personnel trained, or with experience in, bilingual education to discharge effectively the provisions of this title. NATIONAL ADVISORY AND COORDINATING COUNCIL ON BILINGUAL EDUCATION

Establishment. 20 USC 3262.

"SEC. 752. (a) Subject to part D of the General Education Provisions Act, there shall be a National Advisory and (Coordinating

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