revision of appropriations and evaluations provisions

revision of appropriations and evaluations provisions Sec. 506. (a) (1) Part B of the General Education Provisions Act is amended— (A) by inserting immediately after the heading thereof the following: “Subpart I— Appropriations” (B) by striking out section 411 and section 413; (C) by redesignating section 412 as 411; (D) by redesignating section 414 as section 412; and (E) by striking out subsection (b) of such section 412, as redesignated by this paragraph, and adding in lieu thereof the following new subsections: “(b) Notwithstanding any other provision of law, unless enacted in specific limitation of the provisions of this subsection, any funds from appropriations to carry out any programs to which this title is applicable during any fiscal year, ending prior to July 1, 1978, which are not obligated and expended by educational agencies or institutions prior to the beginning of the fiscal year succeeding the fiscal year for 88 Stat. 563which such funds were appropriated shall remain available for obligation and expenditure by such agencies and institutions during such succeeding fiscal year. “(c) if any funds appropriated to carry out any applicable program are not obligated pursuant to a spending plan submitted in accordance with section 3679 (d)(2) of the Revised Statutes and become available for obligation after the institution of a judicial proceeding seeking the release of such funds, then such funds shall be available for obligation and expenditure until the end of the fiscal year which begins after the termination of such judicial proceeding.”. (2) Part B of such Act is further amended— (A) by redesignating section 415 as 413; and (B) by adding immediately after section 413, as redesignated by this paragraph, the following new section: “contingent extension of programs “Sec. 414. (a) Unless the Congress in the regular session which ends prior to the beginning of the terminal fiscal year— “(1) of the authorization of appropriations for an applicable program; or “(2) of the duration of an applicable program; either— “(A) has passed or has formally rejected legislation which would have the effect of extending the authorization or duration (as the case may be) of that program; or “(B) by action of either the House of Representatives or the Senate, approves a resolution stating that the provisions of this section shall no longer apply to such program; such authorization or duration is hereby automatically extended for one additional fiscal year. The amount appropriated for such additional year shall not exceed the amount which the Congress could, under the terms of the law for which the appropriation is made, have appropriated for such program during such terminal year. “(b) (1) For the purposes of clause (A) of subsection (a), the Congress shall not have been deemed to have passed legislation unless such legislation becomes law. “(2) In any case where the Commissioner is required under an applicable statute to carry out certain acts or make certain determinations which are necessary for the continuation of an applicable program, if such acts or determinations are required during the terminal year of such program, such acts and determinations shall be required during any fiscal year in which that part of subsection (a) which follows clause (B) thereof is in operation.”. (3) Part B of such Act is further amended— (A) by redesignating section 417 as section 419, (B) by striking out “section 400(c)” in such section 419, as redesignated by this paragraph, and inserting in lieu thereof “section 400(d)”, and (C) by adding immediately after section 414, as added by paragraph (2) of this subsection, the following: “Subpart 2— Planning and Evaluation of Federal Education Activities “program planning and evaluation “Sec. 416. Sums appropriated pursuant to section 400(d) may include for any fiscal year for which appropriations are otherwise 88 Stat. 564authorized under any applicable program not to exceed $25,000,000 which shall be available to the Secretary, in accordance with regulations prescribed by him, for expenses, including grants, contracts, or other payments, for (1) planning for the succeeding year for any such program, and (2) evaluation of such programs. “annual evaluation reports “Sec. 417. (a) (1) Not later than November 1 of each year, the Secretary shall transmit to the Committee on Education and Labor of the House of Representatives and the Committee on Labor and Public Welfare of the Senate an annual evaluation report which evaluates the effectiveness of applicable programs in achieving their legislated purposes together with recommendations relating to such programs for the improvement of such programs which will result in greater effectiveness in achieving such purposes. In the case of any evaluation report evaluating specific programs and projects, such report shall— “(A) set forth goals and specific objectives in qualitative and quantitative terms for all programs and projects assisted under the applicable program concerned and relate those goals and objectives to the purposes of such program; “(B) contain information on the progress being made during the previous fiscal year toward the achievement of such goals and objectives; “(C) describe the cost and benefits of the applicable program being evaluated during the previous fiscal year and identify which sectors of the public receive the benefits of such program and bear the costs of such program; “(D) contain plans for implementing corrective action and recommendations for new or amended legislation where warranted; “(E) contain a listing identifying the principal analyses and studies supporting the major conclusions and recommendations in the report; and “(F) be prepared in concise summary form with necessary detailed data and appendices. “(2) In the case of programs and projects assisted under title I of the Elementary and Secondary Education Act of 1965, the report under this subsection shall include a survey of how many of the children counted under section 103(c) of such Act participate in such programs and projects, and how many of such children do not, and a survey of how many educationally disadvantaged children participate in such programs and projects, and how many educationally disadvantaged children do not. For purposes of the preceding sentence, the term ‘educationally disadvantaged children’ refers to children who are achieving one or more years behind the achievement expected at the appropriate grade level for such children. “(b) Each evaluation report submitted pursuant to subsection (a) shall contain: (1) a brief description of each contract or grant for evaluation of any program (whether or not such contract or grant was made under section 416) any part of the performance of which occurred during the preceding year, (2) the name of the firm or individual who is to carry out the evaluation, and (3) the amount to be paid under the contract or grant. “renewal evaluation reports “Sec. 418. (a) In the case of any applicable program for which— “(1) the authorization of appropriations expires; or 88 Stat. 565 “(2) the time during which payments or grants are to be made expires; not later than one year prior to the date of such expiration, the Assistant Secretary shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Labor and Public Welfare of the Senate a comprehensive evaluation report on such program. “(b) Any comprehensive evaluation report submitted pursuant to subsection (a) shall contain— “(1) a history of the program concerned, including— “(A) a history of authorizations of appropriations, budget requests, appropriations, and expenditures for such programs; “(B) a history of legislative recommendations with respect to such program made by the President and the disposition of such recommendations, and “(C) a history of legislative changes made in applicable statutes with respect to such program; “(2) assuming a continuation of such program, recommendations for improvements (including legislative changes and funding levels) in such program with a view toward achieving the legislative purposes of such program; “(3) a compilation and summary of all evaluations of such program; and “(4) a recommendation with respect to whether such program should be continued, and the date of its expiration, and the reasons for such recommendation.”. (b) The amendments made by subsection (a) of this section shall become effective on the date of enactment of this Act.