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(118.31

Granger
Green (WI)
Greenwood
Gutknecht
Hall (TX)
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Herger
Hill (MT)
Hilleary
Hobson
Hoekstra
Horn
Hostettler
Houghton
Hulshof
Hunter
Hutchinson
Hyde
Isakson
Istook
Jenkins
Johnson (CT)
Johnson, Sam
Jones (NC)
Kasich
Kelly
King (NY)
Kingston
Knollenberg
Kolbe
Kuykendall
LaHood
Largent
Latham
La Tourette
Lazio
Leach
Lewis (CA)
Lewis (KY)
Linder
LoBiondo

Lucas (OK)
Manzullo
McCollum
McCrery
McHugh
McInnis
McIntosh
McKeon
Metcalf
Mica
Miller (FL)
Miller, Gary
Moran (KS)
Morella
Myrick
Nethercutt
Ney
Northup
Norwood
Nussle
Ose
Packard
Paul
Pease
Peterson (PA)
Petri
Pickering
Pitts
Pombo
Porter
Portman
Pryce (OH)
Quinn
Radanovich
Ramstad
Regula
Reynolds
Riley
Rogan
Rogers
Rohrabacher
Ros-Lehtinen
Roukema
Ryan (WI)
Ryun (KS)
Salmon

Sanford
Saxton
Schaffer
Sensenbrenner
Sessions
Shaw
Shays
Sherwood
Shimkus
Simpson
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Souder
Spence
Stearns
Stump
Sununu
Sweeney
Talent
Tancredo
Tauzin
Taylor (NC)
Terry
Thomas
Thornberry
Thune
Tiahrt
Toomey
Upton
Vitter
Walden
Walsh
Wamp
Watkins
Watts (OK)
Weldon (FL)
Weller
Whitfield
Wicker
Wilson
Wolf
Young (AK)

Sanchez
Stabenow

Udall (NM)
Sanders
Stark

Velazquez
Sandlin
Stenholm

Vento
Sawyer

Strickland Visclosky
Schakowsky Stupak

Waters
Scott
Tanner

Watt (NC)
Serrano
Tauscher

Waxman
Shadegg

Taylor (MS) Weiner Sherman

Thompson (CA) Wexler
Shows

Thompson (MS) Weygand
Sisisky
Thurman

Wise
Skelton
Tierney

Woolsey
Slaughter
Towns

Wu
Smith (WA) Traficant

Wynn Snyder

Turner Spratt

Udall (CO)

NOT VOTING—19 Boehner

Jackson-Lee Nadler Camp

(TX)

Oxley
Cummings
Jefferson

Royce
Dooley
Kennedy

Scarborough
Fattah
Lipinski

Shuster
McCarthy (MO) Weldon (PA)
Hinojosa

McCarthy (NY) Young (FL) So the resolution was agreed to.

A motion to reconsider the vote whereby said resolution was agreed to was, by unanimous consent, laid on the table.

(118.29 STUDENT ACADEMIC

ACHIEVEMENT The

SPEAKER pro tempore, Mr. LATOURETTE, pursuant to House Resolution 338 and rule XVIII, declared the House resolved into the Committee of the Whole House on the state of the Union for the consideration of the bill (H.R. 2300) to allow a State to combine certain funds to improve the academic achievement of all its students.

The SPEAKER pro tempore, Mr. LATOURETTE, by unanimous consent, designated Mr. PEASE as Chairman of the Committee of the Whole.

The Acting Chairman, Mr. MILLER of Florida assumed the Chair; and after some time spent therein,

Abercrombie
Ackerman
Allen
Andrews
Baldacci
Baldwin
Barcia
Barrett (WI)
Becerra
Bentsen
Berman
Bishop
Blagojevich
Blumenauer
Bonior
Borski
Boswell
Boucher
Brady (PA)
Brown (FL)
Brown (OH)
Capps
Capuano
Cardin
Carson
Clay
Clayton
Clement
Clyburn
Condit
Conyers
Costello
Coyne
Cramer
Crowley
Cummings
Danner
Davis (IL)
DeFazio
DeGette
Delahunt
DeLauro
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Engel
Eshoo
Etheridge
Evans
Farr
Fattah
Filner
Foley
Ford
Frank (MA)
Frost
Gejdenson
Gephardt

NAYS-201

Abercrombie
Ackerman
Allen
Andrews
Baird
Baldacci
Baldwin
Barcia
Barrett (WI)
Becerra
Bentsen
Berkley
Berman
Berry
Bishop
Blagojevich
Blumenauer
Bonior
Borski
Boswell
Boucher
Boyd
Brady (PA)
Brown (FL)
Brown (OH)
Capps
Capuano
Cardin
Carson
Clay
Clayton
Clement
Clyburn
Coburn
Condit
Conyers
Costello
Coyne
Cramer
Crowley
Danner
Davis (FL)
Davis (IL)
DeFazio
DeGette
Delahunt
DeLauro
Deutsch
Dicks
Dingell
Dixon
Doggett

Doyle
Edwards
Engel
Eshoo
Etheridge
Evans
Farr
Filner
Ford
Frank (MA)
Frost
Gejdenson
Gephardt
Gonzalez
Gordon
Graham
Green (TX)
Gutierrez
Hall (OH)
Hastings (FL)
Hill (IN)
Hilliard
Hinchey
Hoeffel
Holden
Holt
Hooley
Hoyer
Inslee
Jackson (IL)
John
Johnson, E. B.
Jones (OH)
Kanjorski
Kaptur
Kildee
Kilpatrick
Kind (WI)
Kleczka
Klink
Kucinich
LaFalce
Lampson
Lantos
Larson
Lee
Levin
Lewis (GA)
Lofgren
Lowey
Lucas (KY)
Luther

Maloney (CT)
Maloney (NY)
Markey
Martinez
Mascara
Matsui
McDermott
McGovern
McIntyre
McKinney
McNulty
Meehan
Meek (FL)
Meeks (NY)
Menendez
Millender-

McDonald
Miller, George
Minge
Mink
Moakley
Mollohan
Moore
Moran (VA)
Murtha
Napolitano
Neal
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pascrell
Pastor
Payne
Pelosi
Peterson (MN)
Phelps
Pickett
Pomeroy
Price (NC)
Rahall
Rangel
Reyes
Rivers
Rodriguez
Roemer
Rothman
Roybal-Allard
Rush
Sabo

[Roll No. 530)

AYES—183 Gonzalez

Ney Gordon

Obey Green (TX) Olver Gutierrez

Ortiz Hall (TX)

Owens Hastings (FL) Pallone Hill (IN)

Pascrell Hilliard

Pastor Hinchey

Payne Hinojosa

Pelosi Hoeffel

Peterson (MN) Holden

Phelps Holt

Pomeroy Hooley

Price (NC) Hoyer

Rahall Inslee

Rangel Jackson (IL) Reyes John

Rivers Johnson, E.B. Rodriguez Jones (OH) Roemer Kanjorski

Rothman Kennedy

Roybal-Allard Kildee

Rush Kilpatrick

Sanchez Kind (WI)

Sanders Kleczka

Sandlin Klink

Sawyer Kucinich

Schakowsky LaFalce

Scott Lampson

Serrano Lantos

Sherman Larson

Shows Lee

Slaughter Levin

Smith (WA) Lewis (GA) Stabenow Lofgren

Stark Lowey

Stenholm Lucas (KY) Strickland Luther

Stupak Maloney (NY) Tauscher Martinez

Taylor (MS) Matsui

Thompson (CA) McDermott Thompson (MS) McGovern Tierney McIntyre

Towns McKinney

Traficant McNulty

Udall (CO) Meek (FL)

Udall (NM) Meeks (NY) Velazquez Menendez

Visclosky Millender

Waters McDonald Watt (NC) Miller, George Waxman Minge

Weiner Mink

Wexler Moakley

Weygand Mollohan

Wise Morella

Woolsey Murtha

Wu
Nadler

Wynn
Napolitano
Neal

NOES-235
Callahan

Edwards Calvert

Ehlers Campbell

Ehrlich Canady

Emerson Cannon

English Castle

Everett Chabot

Ewing Chambliss

Fletcher Chenoweth-Hage Forbes Coble

Fossella Coburn

Fowler Collins

Franks (NJ) Combest

Frelinghuysen Cook

Gallegly Cooksey

Ganske Cox

Gekas Crane

Gibbons Cubin

Gilchrest Cunningham Gillmor Davis (FL) Gilman Davis (VA) Goode Deal

Goodlatte DeLay

Goodling DeMint

Goss Diaz-Balart Graham Dickey

Granger Doolittle

Green (WI) Dreier

Greenwood Duncan

Gutknecht Dunn

Hansen

(118.30 RECORDED VOTE

A recorded vote by electronic device was ordered in the Committee of the Whole on the following amendment submitted by Mr. FATTAH:

Page 22, line 20, redesignate section 16 as section 17 and insert after line 9 the following: SEC. 16. EDUCATIONAL EQUITY.

(a) EDUCATIONAL EQUITY.-Notstanding any other provision of this Act, beginning 3 years after the date of enactment of this Act no State shall receive Federal funds for its performance agreement under programs specified in section 4 unless the State certifies annually to the Secretary that

(1) per pupil expenditure in the local educational agencies in the State are substantially equal, taking into consideration the variation in cost of serving pupils with special needs and the local variation in cost of providing education services; or

(2) the achievement levels of students on reading and mathematics assessments, graduation rates, and rates of college-bound students in the local educational are substantially equal to those of the local educational agencies with the highest per pupil expenditures.

(b) GUIDELINES.—The Secretary, in consultation with the National Academy of Sciences, shall develop and publish guidelines not later than one year after the date of enactment of this Act to define the terms “substantially equal" and "per pupil expenditures."

Aderholt
Archer
Armey
Bachus
Baird
Baker
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Berkley
Berry
Biggert
Bilbray
Bilirakis
Bliley
Blunt
Boehlert
Boehner
Bonilla
Bono
Boyd
Bryant
Burr
Burton
Buyer

Hastings (WA) Metcalf

Shaw
Hayes
Mica

Shays
Hayworth

Miller (FL) Sherwood
Hefley

Miller, Gary Shimkus
Herger
Moore

Simpson
Hill (MT)

Moran (KS) Sisisky
Hilleary

Moran (VA) Skeen
Hobson
Myrick

Skelton
Hoekstra

Nethercutt Smith (MI)
Horn
Northup

Smith (NJ)
Hostettler Norwood

Smith (TX)
Houghton
Nussle

Snyder
Hulshof
Oberstar

Souder
Hunter
Ose

Spence
Hutchinson Oxley

Spratt
Hyde
Packard

Stearns
Isakson
Paul

Stump
Istook
Pease

Sununu
Jenkins

Peterson (PA) Sweeney Johnson (CT) Petri

Talent
Johnson, Sam Pickering Tancredo
Jones (NC) Pickett

Tanner
Kaptur
Pitts

Tauzin
Kasich
Pombo

Taylor (NC)
Kelly
Porter

Terry
King (NY)
Portman

Thomas
Kingston

Pryce (OH) Thornberry Knollenberg Quinn

Thune Kolbe

Radanovich Thurman
Kuykendall Ramstad

Tiahrt
LaHood
Regula

Toomey
Largent
Reynolds

Turner
Latham
Riley

Upton
LaTourette Rogan

Vento
Lazio
Rogers

Vitter
Leach

Rohrabacher Walden
Lewis (CA) Ros-Lehtinen Walsh
Lewis (KY) Roukema

Wamp
Linder
Royce

Watkins
LoBiondo
Ryan (WI)

Watts (OK)
Lucas (OK) Ryun (KS) Weldon (FL)
Maloney (CT) Sabo

Weller
Manzullo
Salmon

Whitfield
McCollum
Sanford

Wicker
McCrery
Saxton

Wilson
McHugh
Schaffer

Wolf
McInnis

Sensenbrenner Young (AK) McIntosh

Sessions McKeon

Shadegg

NOT VOTING-15
Brady (TX) Lipinski

Scarborough
Camp
Markey

Shuster
Hall (OH)
Mascara

Weldon (PA)
Jackson-Lee McCarthy (MO) Young (FL)
(TX)

McCarthy (NY) Jefferson

Meehan So the amendment was not agreed to. The

SPEAKER pro tempore, Mr. LAHOOD, assumed the Chair.

When Mr. PEASE, Chairman, pursuant to House Resolution 338, reported the bill back to the House with an amendment adopted by the Committee.

The previous question having been ordered by said resolution.

The following amendment, reported from the Committee of the whole House on the state of the Union, was agreed to:

Strike out all after the enacting clause and insert: SECTION 1. SHORT TITLE.

This Act may be cited as the “Academic Achievement for All Act (Straight A's Act)". SEC. 2. PURPOSE.

The purpose of this Act is to create options for States and communities

(1) to improve the academic achievement of all students, and to focus the resources of the Federal Government upon such achievement;

(2) to improve teacher quality and subject matter mastery, especially in math, reading, and science;

(3) to empower parents and schools to effectively address the needs of their children and students;

(4) to give States and communities maximum freedom in determining how to boost academic achievement and implement education reforms;

(5) to eliminate Federal barriers to implementing effective State and local education programs;

(6) to hold States and communities accountable for boosting the academic achievement of all students, especially disadvantaged children: and

(7) to narrow achievement gaps between the lowest and highest performing groups of students so that no child is left behind. SEC. 3. PERFORMANCE AGREEMENT.

(a) PROGRAM AUTHORIZED.-Not more than 10 States may, at their option, execute a performance agreement with the Secretary under which the provisions of law described in section 4(a) shall not apply to such State except as otherwise provided in this Act.

(b) LOCAL INPUT.-States shall provide parents, teachers, and local schools and districts notice and opportunity to comment on any proposed performance agreement prior to submission to the Secretary as provided under general State law notice and comment provisions.

(C) APPROVAL OF PERFORMANCE AGREEMENT.-A performance agreement submitted to the Secretary under this section shall be considered as approved by the Secretary within 60 days after receipt of the performance agreement unless the Secretary provides a written determination to the State that the performance agreement fails to satisfy the requirements of this Act before the expiration of the 60-day period.

(d) TERMS OF PERFORMANCE AGREEMENT.Each performance agreement executed pursuant to this Act shall include the following provisions:

(1) TERM.-A statement that the term of the performance agreement shall be 5 years.

(2) APPLICATION OF PROGRAM REQUIREMENTS.-A statement that no program requirements of any program included by the State in the performance agreement shall apply, except as otherwise provided in this Act.

(3) LIST.-A list provided by the State of the programs that it wishes to include in the performance agreement.

(4) USE OF FUNDS TO IMPROVE STUDENT ACHIEVEMENT.-A 5-year plan describing how the State intends to combine and use the funds from programs included in the performance agreement to advance the education priorities of the State, improve student achievement, and narrow achievement gaps between students.

(5) ACCOUNTABILITY REQUIREMENTS.-If a State includes any part of title I of the Elementary and Secondary Education Act of 1965 in its performance agreement, the State shall include a certification that the State has done the following:

(A)(i) developed and implemented the challenging State content standards, challenging State student performance standards, and aligned assessments described in section 1111(b) of the Elementary and Secondary Education Act of 1965; or

(ii) developed and implemented a system to measure the degree of change from one school year to the next in student performance;

(B) developed and is implementing a statewide accountability system that has been or is reasonably expected to be effective in substantially increasing the numbers and percentages of all students who meet the State's proficient and advanced levels of performance;

(C) established a system under which assessment information may be disaggregated within each State, local educational agency, and school by each major racial and ethnic group, gender, English proficiency status, migrant status, and by economically disadvantaged students as compared to students who are not economically disadvan

taged (except that such disaggregation shall not be required in cases in which the number of students in any such group is insufficient to yield statistically reliable information or would reveal the identity of an individual student);

(D) established specific, measurable, numerical performance objectives for student achievement, including a definition of performance considered to be proficient by the State on the academic assessment instruments described under subparagraph (A);

(E) developed and implemented a statewide system for holding its local educational agencies and schools accountable for student performance that includes

(i) a procedure for identifying local educational agencies and schools in need of improvement, using the assessments described under subparagraph (A);

(ii) assisting and building capacity in local educational agencies and schools identified as in need of improvement to improve teaching and learning; and

(iii) implementing corrective actions after no more than 3 years if the assistance and capacity building under clause (ii) is not effective.

(6) PERFORMANCE GOALS.

(A) STUDENT ACADEMIC ACHIEVEMENT.Each State shall establish annual student performance goals for the 5-year term of the performance agreement that, at a minimum

(i) establish a single high standard of performance for all students;

(ii) take into account the progress of students from every local educational agency and school in the State;

(iii) are based primarily on the State's challenging content and student performance standards and assessments described under paragraph (5)(A);

(iv) include specific annual improvement goals in each subject and grade included in the State assessment system, which must include, at a minimum, reading or language arts and math;

(v) compares the proportions of students at the “basic”, “proficient”, and “advanced” levels of performance (as defined by the State) with the proportions of students at each of the three levels in the same grade in the previous school year;

(vi) includes annual numerical goals for improving the performance of each group specified in paragraph (5)(C) and narrowing gaps in performance between the highest and lowest performing students in accordance with section 10(b); and

(vii) requires all students in the State to make substantial gains in achievement.

(B) ADDITIONAL INDICATORS OF PERFORMANCE.-A State may identify in the performance agreement any additional indicators of performance such as graduation, dropout, or attendance rates.

(C) CONSISTENCY OF PERFORMANCE MEASURES.-A State shall maintain, at a minimum, the same level of challenging State student performance standards and assessments throughout the term of the performance agreement.

(7) FISCAL RESPONSIBILITIES.-An assurance that the State will use fiscal control and fund accounting procedures that will ensure proper disbursement of, and accounting for, Federal funds paid to the State under this Act.

(8) CIVIL RIGHTS.-An assurance that the State will meet the requirements of applicable Federal civil rights laws.

(9) PRIVATE SCHOOL PARTICIPATION.

(A) EQUITABLE PARTICIPATION.-An assurance that the State will provide for the equitable participation of students and professional staff in private schools.

(B) APPLICATION OF BYPASS.-An assurance that sections 14504, 14505, and 14506 of the El

ementary and Secondary Education Act of 1965 (20 U.S.C. 8894, 8895, and 8896) shall apply to all services and assistance provided under this Act in the same manner as they apply to services and assistance provided in accordance with section 14503 of such Act.

(10) STATE FINANCIAL PARTICIPATION.—An assurance that the State will not reduce the level of spending of State funds for elementary and secondary education during the term of the performance agreement.

(11) ANNUAL REPORT.-An assurance that not later than 1 year after the execution of the performance agreement, and annually thereafter, each State shall disseminate widely to parents and the general public, submit to the Secretary, distribute to print and broadcast media, and post on the Internet, a report that includes

(A) student academic performance data, disaggregated as provided in paragraph (5)(C); and

(B) a detailed description of how the State has used Federal funds to improve student academic performance and reduce achievement gaps to meet the terms of the performance agreement.

(e) SPECIAL RULE.—If a State does not include any part of title I of the Elementary and Secondary Education Act of 1965 in its performance agreement, the State shall

(1) certify that it has developed a system to measure the academic performance of all students; and

(2) establish challenging academic performance goals for such other programs using academic assessment data described in paragraph (5).

(f) AMENDMENT TO PERFORMANCE AGREEMENT.-A State may submit an amendment to the performance agreement to the Secretary under the following circumstances:

(1) REDUCE SCOPE OF PERFORMANCE AGREEMENT.-Not later than 1 year after the execution of the performance agreement, a State may amend the performance agreement through a request to withdraw a program from such agreement. If the Secretary approves the amendment, the requirements of existing law shall apply for any program withdrawn from the performance agreement.

(2) EXPAND SCOPE OF PERFORMANCE AGREEMENT.-Not later than 1 year after the execution of the performance agreement, a State may amend its performance agreement to include additional programs and performance indicators for which it will be held accountable.

(3) APPROVAL OF AMENDMENT.-An amendment submitted to the Secretary under this subsection shall be considered as approved by the Secretary within 60 days after receipt of the amendment unless the Secretary provides a written determination to the State that the performance agreement if amended by the amendment would fail to satisfy the requirements of this Act, before the expiration of the 60-day period. SEC. 4. ELIGIBLE PROGRAMS.

(a) ELIGIBLE PROGRAMS. The provisions of law referred to in section 3(a) except as otherwise provided in subsection (b), are as follows:

(1) Part A of title I of the Elementary and Secondary Education Act of 1965.

(2) Part B of title I of the Elementary and Secondary Education Act of 1965.

(3) Part C of title I of the Elementary and Secondary Education Act of 1965.

(4) Part D of title I of the Elementary and Secondary Education Act of 1965.

(5) Part B of title II of the Elementary and Secondary Education Act of 1965.

(6) Section 3132 of title III of the Elementary and Secondary Education Act of 1965.

(7) Title IV of the Elementary and Secondary Education Act of 1965.

(8) Title VI of the Elementary and Secondary Education Act of 1965.

(9) Section 307 of the Department of Education Appropriation Act of 1999.

(10) Comprehensive school reform programs as authorized under section 1502 of the Elementary and Secondary Education Act of 1965 and described on pages 96-99 of the Joint Explanatory Statement of the Committee of Conference included in House Report 105–390 (Conference Report on the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1998).

(11) Part C of title VII of the Elementary and Secondary Education Act of 1965.

(12) Title III of the Goals 2000: Educate America Act.

(13) Sections 115 and 116, and parts B and C of title I of the Carl D. Perkins Vocational Technical Education Act.

(14) Subtitle B of title VII of the Stewart B. McKinney Homeless Assistance Act.

(b) ALLOCATIONS TO STATES.-A State may choose to consolidate funds from any or all of the programs described in subsection (a) without regard to the program requirements of the provisions referred to in such subsection, except that the proportion of funds made available for national programs and allocations to each State for State and local use, under such provisions, shall remain in effect unless otherwise provided.

(c) USES OF FUNDS.-Funds made available under this Act to a State shall be used for any elementary and secondary educational purposes permitted by State law of the participating State. SEC. 5. WITHIN-STATE DISTRIBUTION OF FUNDS.

(a) IN GENERAL.—The distribution of funds from programs included in a performance agreement from a State to a local educational agency within the State shall be determined by the Governor of the State and the State legislature. In a State in which the constitution or State law designates another individual, entity, or agency to be responsible for education, the allocation of funds from programs included in the performance agreement from a State to a local educational agency within the State shall be determined by that individual, entity, or agency, in consultation with the Governor and State Legislature. Nothing in this section shall be construed to supersede or modify any provision of a State constitution or State law.

(b) LOCAL INPUT.-States shall provide parents, teachers, and local schools and districts notice and opportunity to comment on the proposed allocation of funds as provided under general State law notice and comment provisions.

(c) LOCAL HOLD HARMLESS OF PART A TITLE 1 FUNDS.

(1) IN GENERAL.-In the case of a State that includes part A of title I of the Elementary and Secondary Education Act of 1965 in the performance agreement, the agreement shall provide an assurance that each local educational agency shall receive under the performance agreement an amount equal to or greater than the amount such agency received under part A of title I of such Act in the fiscal year preceding the fiscal year in which the performance agreement is executed.

(2) PROPORTIONATE REDUCTION.-If the amount made available to the State from the Secretary for a fiscal year is insufficient to pay to each local educational agency the amount made available under part A of title I of the Elementary and Secondary Education Act of 1965 to such agency for the preceding fiscal year, the State shall reduce the amount each local educational agency receives by a uniform percentage. SEC. 6. LOCAL PARTICIPATION.

(a) NONPARTICIPATING STATE.—

(1) IN GENERAL.-If a State chooses not to submit a performance agreement under this

Act, any local educational agency in such State is eligible, at its option, to submit to the Secretary a performance agreement in accordance with this section.

(2) AGREEMENT.—The terms of a performance agreement between an eligible local educational agency and the Secretary shall specify the programs to be included in the performance agreement, as agreed upon by the State and the agency, from the list under section 4(a).

(b) STATE APPROVAL.-When submitting a performance agreement to the Secretary, an eligible local educational agency described in subsection (a) shall provide written documentation from the State in which such agency is located that it has no objection to the agency's proposal for a performance agreement.

(c) APPLICATION.

(1) IN GENERAL.-Except as provided in this section, and to the extent applicable, the requirements of this Act shall apply to an eligible local educational agency that submits a performance agreement in the same manner as the requirements apply to a State.

(2) EXCEPTIONS.--The following provisions shall not apply to an eligible local educational agency:

(A) WITHIN STATE DISTRIBUTION FORMULA NOT APPLICABLE.—The formula for the allocation of funds under section 5 shall not apply.

(B) STATE SET ASIDE SHALL NOT APPLY.The State set aside for administrative funds in section 7 shall not apply. SEC. 7. LIMITATIONS ON STATE AND LOCAL EDU

CATIONAL AGENCY ADMINISTRA

TIVE EXPENDITURES. (a) IN GENERAL.- Except as otherwise provided under subsection (b), a State that includes part A of title I of the Elementary and Secondary Education Act of 1965 in the performance agreement may use not more than 1 percent of such total amount of funds allocated to such State under the programs included in the performance agreement for administrative purposes.

(b) EXCEPTION.-A State that does not include part A of title I of the Elementary and Secondary Education Act of 1965 in the performance agreement may use not more than 3 percent of the total amount of funds allocated to such State under the programs included in the performance agreement for administrative purposes.

(c) LOCAL EDUCATIONAL AGENCY.-A local educational agency participating in this Act under a performance agreement under section 6 may not use for administrative purposes more than 4 percent of the total amount of funds allocated to such agency under the programs included in the performance agreement. SEC. 8. PERFORMANCE REVIEW.

(a) MID-TERM PERFORMANCE REVIEW.-If, during the 5-year term of the performance agreement, student achievement significantly declines for three consecutive years in the academic performance categories established in the performance agreement, the Secretary may, after notice and opportunity for a hearing, terminate the agreement

(b) FAILURE TO MEET TERMS.If at the end of the 5-year term of the performance agreement a State has not substantially met the performance goals submitted in the performance agreement, the Secretary shall, after notice and an opportunity for a hearing, terminate the performance agreement and the State shall be required to comply with the program requirements, in effect at the time of termination, for each program included in the performance agreement.

(c) PENALTY FOR FAILURE TO IMPROVE STUDENT PERFORMANCE.-If a State has made no progress toward achieving its performance goals by the end of the term of the agreement, the Secretary may reduce funds for

quorum, so a recorded vote was ordered.

The vote was taken by electronic device.

It was decided in the s Yeas 201 negative

Nays 217

(118.32

State administrative costs for each program included in the performance agreement by up to 50 percent for each year of the 2-year period following the end of the term of the performance agreement. SEC. 9. RENEWAL OF PERFORMANCE AGREE

MENT. (a) NOTIFICATION.—A State that wishes to renew its performance agreement shall notify the Secretary of its renewal request not less than 6 months prior to the end of the term of the performance agreement.

(b) RENEWAL REQUIREMENTS.-A State that has met or has substantially met its performance goals submitted in the performance agreement at the end of the 5-year term may reapply to the Secretary to renew its performance agreement for an additional 5year period. Upon the completion of the 5year term of the performance agreement or as soon thereafter as the State submits data required under the agreement, the Secretary shall renew, for an additional 5-year term, the performance agreement of any State that has met or has substantially met its performance goals. SEC. 10. ACHIEVEMENT GAP REDUCTION RE

WARDS.
(a) CLOSING THE GAP REWARD FUND.-

(1) IN GENERAL.–To reward States that make significant progress in eliminating achievement gaps by raising the achievement levels of the lowest performing students, the Secretary shall set aside sufficient funds from the Fund for the Improvement of Education under part A of title X of the Elementary and Secondary Education Act of 1965 to grant a reward to States that meet the conditions set forth in subsection (b) by the end of their 5-year performance agreement.

(2) REWARD AMOUNT.—The amount of the reward referred to in paragraph (1) shall be not less than 5 percent of funds allocated to the State during the first year of the performance agreement for programs included in the agreement.

(b) CONDITIONS OF PERFORMANCE REWARD.Subject to paragraph (3), a State is eligible to receive a reward under this section as follows:

(1) A State is eligible for such an award if the State reduces by not less than 25 percent, over the 5-year term of the performance agreement, the difference between the percentage of highest and lowest performing groups of students that meet the State's definition of “proficient” as referenced in section 1111(b)(1)(D)(i)(II) of the Elementary and Secondary Education Act of 1965.

(2) A State is eligible for such an award if a State increases the proportion of two or more groups of students under section 3(d)(5)(C) that meet State proficiency standards by 25 percent.

(3) A State shall receive such an award if the following requirements are met:

(A) CONTENT AREAS.–The reduction in the achievement gap or approvement in achievement shall include not less than two content areas, one of which shall be mathematics or reading

(B) GRADES TESTED.—The reduction in the achievement gap or improvement in achievement shall occur in at least two grade levels.

(c) RULE OF CONSTRUCTION.–Student achievement gaps shall not be considered to have been reduced in circumstances where the average academic performance of the highest performing quintile of students has decreased. SEC. 11. STRAIGHT A’S PERFORMANCE REPORT.

The Secretary shall make the annual State reports described in section 3 available to the House Committee on Education and the Workforce and the Senate Committee on Health, Education, Labor and Pensions not later than 60 days after the Secretary receives the report.

SEC. 12. APPLICABILITY OF TITLE XIV OF THE EL

EMENTARY AND SECONDARY EDU

CATION ACT OF 1965. To the extent that provisions of title XIV of the Elementary and Secondary Education Act of 1965 are inconsistent with this Act, this Act shall be construed as superseding such provisions. SEC. 13. APPLICABILITY OF GENERAL EDU

CATION PROVISIONS ACT. To the extent that the provisions of the General Education Provisions Act are inconsistent with this Act, this Act shall be construed as superseding such provisions, except where relating to civil rights, withholdling of funds and enforcement authority, and family educational and privacy rights. SEC. 14. APPLICABILITY TO HOME SCHOOLS.

Nothing in this Act shall be construed to affect home schools whether or not a home school is treated as a private school or home school under State law. SEC. 15. GENERAL PROVISIONS REGARDING NON

RECIPIENT, NON-PUBLIC SCHOOLS. Nothing in this Act shall be construed to permit, allow, encourage, or authorize any Federal control over any aspect of any private, religious, or home school, whether or not a home school is treated as a private school or home school under State law. SEC. 16. DEFINITIONS.

For the purpose of this Act:

(1) ALL STUDENTS.—The term “all students” means all students attending public schools or charter schools that are participating in the State's accountability and assessment system.

(2) ALL SCHOOLS.-The term “all schools” means all schools that are participating in the State's accountability and assessment system.

(3) LOCAL EDUCATIONAL AGENCY.—The term “local educational agency” has the same meaning given such term in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801).

(4) SECRETARY.—The term “Secretary” means the Secretary of Education.

(5) STATE.-The term “State” means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, and American Samoa. SEC. 17. EFFECTIVE DATE.

This Act shall take effect with respect to funds appropriated for the fiscal year beginning October 1, 2000.

The bill, as amended, was ordered to be engrossed and read a third time, was read a third time by title.

Mr. CLAY moved to recommit the bill to the Committee on Education and the Workforce with instructions to promptly report the bill back to the House, in a manner that addresses the need to help communities to reduce class size, to modernize the Nation's crumbling and overcrowded public schools, and to ensure that the teachers are highly qualified.

After debate,

By unanimous consent, the previous question was ordered on the motion to recommit with instructions.

The question being put, viva voce,

Will the House recommit said bill with instructions?

The SPEAKER pro tempore, Mr. LAHOOD, announced that the nays had it.

Mr. CLAY demanded a recorded vote on agreeing to said motion, which demand was supported by one-fifth of a

Abercrombie
Ackerman
Allen
Andrews
Baird
Baldacci
Baldwin
Barcia
Barrett (WI)
Becerra
Bentsen
Berkley
Berman
Berry
Bishop
Blagojevich
Blumenauer
Bonior
Borski
Boswell
Boucher
Boyd
Brady (PA)
Brown (FL)
Brown (OH)
Capps
Capuano
Cardin
Carson
Clay
Clayton
Clement
Clyburn
Condit
Conyers
Costello
Coyne
Cramer
Crowley
Cummings
Danner
Davis (FL)
Davis (IL)
DeFazio
DeGette
Delahunt
DeLauro
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Edwards
Engel
Eshoo
Etheridge
Evans
Farr
Fattah
Filner
Forbes
Ford
Frank (MA)
Frost
Gejdenson
Gephardt

[Roll No. 531]

AYES—201
Gonzalez
Gordon
Green (TX)
Gutierrez
Hastings (FL)
Hill (IN)
Hilliard
Hinchey
Hinojosa
Hoeffel
Holden
Holt
Hooley
Hoyer
Inslee
Jackson (IL)
John
Johnson, E.B.
Jones (OH)
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick
Kind (WI)
Kleczka
Klink
Kucinich
La Falce
Lampson
Lantos
Larson
Lee
Levin
Lewis (GA)
Lofgren
Lowey
Lucas (KY)
Luther
Maloney (CT)
Maloney (NY)
Markey
Martinez
Matsui
McDermott
McGovern
McIntyre
McKinney
McNulty
Meek (FL)
Meeks (NY)
Menendez
Millender-

McDonald
Miller, George
Mink
Moakley
Mollohan
Moore
Moran (VA)
Murtha
Nadler
Napolitano
Neal
Oberstar
Obey
Olver
Ortiz

Owens
Pallone
Pascrell
Pastor
Payne
Pelosi
Peterson (MN)
Phelps
Pickett
Pomeroy
Price (NC)
Rahall
Rangel
Reyes
Rivers
Rodriguez
Roemer
Rothman
Roybal-Allard
Rush
Sabo
Sanchez
Sanders
Sandlin
Sawyer
Schakowsky
Scott
Serrano
Sherman
Shows
Sisisky
Skelton
Slaughter
Smith (WA)
Snyder
Spratt
Stabenow
Stark
Stenholm
Strickland
Stupak
Tanner
Tauscher
Taylor (MS)
Thompson (CA)
Thompson (MS)
Thurman
Tierney
Towns
Traficant
Turner
Udall (CO)
Udall (NM)
Velazquez
Vento
Visclosky
Waters
Watt (NC)
Waxman
Weiner
Wexler
Weygand
Wise
Woolsey
Wu
Wynn

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Dunn

King (NY) Rogers
Ehlers
Kingston

Rohrabacher
Ehrlich

Knollenberg Ros-Lehtinen
Emerson
Kolbe

Roukema
English

Kuykendall Royce
Everett
LaHood

Ryan (WI)
Ewing
Largent

Ryun (KS)
Fletcher
Latham

Salmon
Foley

La Tourette Sanford
Fossella
Lazio

Saxton
Fowler
Leach

Schaffer
Franks (NJ) Lewis (CA) Sensenbrenner
Frelinghuysen Lewis (KY) Sessions
Gallegly
Linder

Shadegg
Ganske
LoBiondo

Shaw
Gekas

Lucas (OK) Shays
Gibbons
Manzullo

Sherwood
Gilchrest
McCollum

Shimkus
Gillmor
McCrery

Simpson
Gilman
McHugh

Skeen
Goode
McInnis

Smith (MI)
Goodlatte
McIntosh

Smith (NJ)
Goodling
McKeon

Smith (TX)
Goss
Metcalf

Souder
Graham
Mica

Spence
Granger

Miller (FL) Stearns
Green (WI) Miller, Gary Stump
Greenwood Moran (KS) Sununu
Gutknecht Morella

Sweeney
Hall (TX)
Myrick

Talent
Hansen

Nethercutt Tancredo
Hastert
Ney

Tauzin
Hastings (WA) Northup

Taylor (NC)
Norwood

Terry
Hayworth
Nussle

Thomas
Hefley
Ose

Thornberry
Herger
Oxley

Thune
Hill (MT)
Packard

Tiahrt
Hilleary
Paul

Toomey
Hobson
Pease

Upton
Hoekstra

Peterson (PA) Vitter
Horn
Petri

Walden
Hostettler Pickering

Walsh
Houghton
Pitts

Wamp
Hulshof
Pombo

Watkins
Hunter
Porter

Watts (OK)
Hutchinson Portman

Weldon (FL)
Hyde

Pryce (OH) Weller
Isakson
Quinn

Whitfield
Jenkins

Radanovich Wicker Johnson (CT) Ramstad

Wilson Johnson, Sam Regula

Wolf Jones (NC) Reynolds

Young (AK) Kasich

Riley Kelly

Rogan

NOT VOTING—16
Camp
Jefferson

Minge
Cannon
Lipinski

Scarborough
Hall (OH)
Mascara

Shuster
Istook

McCarthy (MO) Weldon (PA) Jackson-Lee McCarthy (NY) Young (FL) (TX)

Meehan So the motion to recommit with instructions was not agreed to.

The question being put, viva voce,
Will the House pass said bill?

The SPEAKER pro tempore, Mr. LAHOOD, announced that the yeas had it.

Mr. CLAY demanded a recorded vote on passage of said bill which demand was supported by one-fifth of a quorum, so a recorded vote was dered.

The vote was taken by electronic device.

It was decided in the Yeas ........ 213 affirmative ...

Nays

Coburn
Collins
Combest
Condit
Cook
Cooksey
Cox
Crane
Cubin
Cunningham
Davis (VA)
Deal
DeLay
DeMint
Diaz-Balart
Dickey
Doolittle
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
Everett
Ewing
Fletcher
Foley
Forbes
Fossella
Fowler
Franks (NJ)
Frelinghuysen
Gallegly
Ganske
Gekas
Gibbons
Gilchrest
Gillmor
Goode
Goodlatte
Goodling
Goss
Graham
Granger
Green (WI)
Greenwood
Gutknecht
Hall (TX)
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Herger
Hill (MT)
Hilleary
Hobson
Hoekstra

Horn
Hostettler
Houghton
Hulshof
Hunter
Hutchinson
Hyde
Isakson
Istook
Jenkins
Johnson, Sam
Jones (NC)
Kasich
Kelly
King (NY)
Kingston
Knollenberg
Kolbe
Kuykendall
LaHood
Largent
Latham
LaTourette
Lazio
Leach
Lewis (CA)
Lewis (KY)
Linder
LoBiondo
Lucas (OK)
Manzullo
McCollum
McCrery
McInnis
McIntosh
McKeon
Metcalf
Mica
Miller (FL)
Miller, Gary
Moran (KS)
Myrick
Nethercutt
Northup
Norwood
Nussle
Ose
Oxley
Packard
Paul
Pease
Peterson (PA)
Petri
Pickering
Pitts
Pombo
Porter
Portman
Pryce (OH)

Radanovich
Ramstad
Regula
Reynolds
Riley
Rogan
Rogers
Rohrabacher
Ros-Lehtinen
Roukema
Royce
Ryan (WI)
Ryun (KS)
Salmon
Sanford
Saxton
Schaffer
Sensenbrenner
Sessions
Shadegg
Shaw
Shays
Sherwood
Shimkus
Shows
Simpson
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Souder
Spence
Stearns
Stump
Sununu
Talent
Tancredo
Tauzin
Taylor (NC)
Terry
Thomas
Thornberry
Thune
Tiahrt
Toomey
Upton
Vitter
Walden
Walsh
Wamp
Watkins
Watts (OK)
Weldon (FL)
Weller
Whitfield
Wicker
Wilson
Wolf
Young (AK)

McIntyre

Peterson (MN) Stark
McKinney Phelps

Stenholm
McNulty
Pickett

Strickland
Meek (FL) Pomeroy

Stupak
Meeks (NY) Price (NC) Sweeney
Menendez
Quinn

Tanner
Millender-
Rahall

Tauscher
McDonald Rangel

Taylor (MS) Miller, George Reyes

Thompson (CA) Minge Rivers

Thompson (MS)
Mink
Rodriguez

Thurman
Moakley
Roemer

Tierney
Mollohan
Rothman

Towns
Moore

Roybal-Allard Traficant
Moran (VA) Rush

Turner
Morella
Sabo

Udall (CO)
Murtha
Sanchez

Udall (NM)
Nadler
Sanders

Velazquez
Napolitano
Sandlin

Vento
Neal
Sawyer

Visclosky
Ney

Schakowsky Waters
Oberstar
Scott

Watt (NC)
Obey
Serrano

Waxman
Olver
Sherman

Weiner
Ortiz
Sisisky

Wexler
Owens
Skelton

Weygand
Pallone
Slaughter

Wise
Pascrell
Smith (WA)

Woolsey
Pastor
Snyder

Wu
Payne
Spratt

Wynn
Pelosi

Stabenow

NOT VOTING—13
Camp
Lipinski

Scarborough
Hall (OH)
Mascara

Shuster Jackson-Lee McCarthy (MO) Weldon (PA) (TX)

McCarthy (NY) Young (FL)
Jefferson

Meehan
So the bill was passed.

A motion to reconsider the vote whereby said bill was passed was, by unanimous consent, laid on the table.

Ordered, That the Clerk request the concurrence of the Senate in said bill.

Hayes

(118.34 ADJOURNMENT OVER

On motion of Mr. ARMEY, by unanimous consent,

Ordered, That when the House adjourns today, it adjourn to meet on Monday, October 25, 1999, at 12:30 p.m. for “morning-hour debate".

(118.35 CALENDAR WEDNESDAY BUSINESS

DISPENSED WITH On motion of Mr. ARMEY, by unanimous consent,

Ordered, That business in order for consideration on Wednesday, October 27, under clause 7, rule XV, the Calendar Wednesday rule, be dispensed with.

Abercrombie
Ackerman
Allen
Andrews
Baird
Baldacci
Baldwin
Barcia
Barrett (WI)
Becerra
Bentsen
Berkley
Berman
Berry
Bishop
Blagojevich
Blumenauer
Boehlert
Bonior
Borski
Boswell
Boucher
Boyd
Brady (PA)
Brown (FL)
Brown (OH)
Capps
Capuano
Cardin
Carson
Clay
Clayton
Clement
Clyburn
Conyers
Costello
Coyne
Cramer
Crowley

NOES—208
Cummings
Danner
Davis (FL)
Davis (IL)
DeFazio
DeGette
Delahunt
DeLauro
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Edwards
Engel
English
Eshoo
Etheridge
Evans
Farr
Fattah
Filner
Ford
Frank (MA)
Frost
Gejdenson
Gephardt
Gilman
Gonzalez
Gordon
Green (TX)
Gutierrez
Hastings (FL)
Hill (IN)
Hilliard
Hinchey
Hinojosa

Hoeffel
Holden
Holt
Hooley
Hoyer
Inslee
Jackson (IL)
John
Johnson (CT)
Johnson, E.B.
Jones (OH)
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick
Kind (WI)
Kleczka
Klink
Kucinich
LaFalce
Lampson
Lantos
Larson
Lee
Levin
Lewis (GA)
Lofgren
Lowey
Lucas (KY)
Luther
Maloney (CT)
Maloney (NY)
Markey
Martinez
Matsui
McDermott
McGovern
McHugh

..... 208

(118.36 CLERK TO CORRECT

ENGROSSMENT-H.R. 2300 On motion of Mr. GOODLING, by unanimous consent,

Ordered, That in the engrossment of the bill (H.R. 2300) to allow a State to combine certain funds to improve the academic achievement of all its students, the Clerk be authorized to make such technical corrections and conforming changes as may be necessary to reflect the actions of the House in amending the bill. (118.37 ENROLLED BILLS SIGNED

Mr. THOMAS, from the Committee on House Administration, reported that that committee had examined and found truly enrolled bills of the House of the following titles, which were thereupon signed by the Speaker:

H.R. 1663. An Act to recognize National Medal of Honor sites in California, Indiana, and South Carolina.

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