article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Direct Check for Education Act''. SEC. 2. FINDINGS. Congress finds that-- (1) education should be a national priority but must remain a local responsibility; (2) the Federal Government's regulations and involvement often creates barriers and obstacles to local creativity and reform; (3) parents, teachers, and local school districts must be allowed and empowered to set local education priorities; and (4) schools and education professionals must be accountable to the people and children served. SEC. 3. DEFINITIONS. In this Act: (1) Local educational agency.--The term ``local educational agency'' has the meaning given the term in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). (2) Secretary.--The term ``Secretary'' means the Secretary of Education. (3) State.--The term ``State'' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau. SEC. 4. DIRECT AWARDS TO LOCAL EDUCATIONAL AGENCIES. (a) Direct Awards.--From amounts appropriated under subsection (b) and not used to carry out subsection (c), the Secretary shall make direct awards to local educational agencies in amounts determined under subsection (e) to enable the local educational agencies to support programs or activities, for kindergarten through grade 12 students, that the local educational agencies deem appropriate. (b) Authorization of Appropriations.--There are authorized to be appropriated to carry out this Act $3,500,000,000 for each of the fiscal years 2000 and 2001, $4,000,000,000 for each of the fiscal years 2002 and 2003, and $5,000,000,000 for fiscal year 2004. (c) Multiyear Awards.--The Secretary shall use funds appropriated under subsection (b) for each fiscal year to continue to make payments to eligible recipients pursuant to any multiyear award made prior to the date of enactment of this Act under the provisions of law repealed under subsection (d). The payments shall be made for the duration of the multiyear award. (d) Repeals.--The following provisions of law are repealed: (1) The Goals 2000: Educate America Act (20 U.S.C. 5801 et seq.). (2) Section 307 of the Department of Education Appropriations Act, 1999. (3) Title III of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6801 et seq.). (4) Part B of title VI of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7331 et seq.). (5) Part A of title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8001 et seq.). (6) The School-to-Work Opportunities Act of 1994 (20 U.S.C. 6101 et seq.). (e) Determination of Amount.-- (1) Per child amount.--The Secretary, using the information provided under subsection (f), shall determine a per child amount for a year by dividing the total amount appropriated under subsection (b) for the year, by the average daily attendance of kindergarten through grade 12 students in all States for the preceding year. (2) Local educational agency award.--The Secretary, using the information provided under subsection (f), shall determine the amount provided to each local educational agency under this section for a year by multiplying-- (A) the per child amount determined under paragraph (1) for the year; by (B) the average daily attendance of kindergarten through grade 12 students that are served by the local educational agency for the preceding year. (f) Census Determination.-- (1) In general.--Each local educational agency shall conduct a census to determine the average daily attendance of kindergarten through grade 12 students served by the local educational agency not later than December 1 of each year. (2) Submission.--Each local educational agency shall submit the number described in paragraph (1) to the Secretary not later than March 1 of each year. (g) Penalty.--If the Secretary determines that a local educational agency has knowingly submitted false information under subsection (f) for the purpose of gaining additional funds under this section, then the local educational agency shall be fined an amount equal to twice the difference between the amount the local educational agency received under this section, and the correct amount the local educational agency would have received under this section if the agency had submitted accurate information under subsection (f). (h) Disbursal.--The Secretary shall disburse the amount awarded to a local educational agency under this Act for a fiscal year not later than July 1 of each year. SEC. 5. AUDIT. (a) In General.--The Secretary may conduct audits of the expenditures of local educational agencies under this Act to ensure that the funds made available under this Act are used in accordance with this Act. (b) Sanctions and Penalties.--If the Secretary determines that the funds made available under section 4 were not used in accordance with section 4(a), the Secretary may use the enforcement provisions available to the Secretary under part D of the General Education Provisions Act (20 U.S.C. 1234 et seq.).
summary: Direct Check for Education Act - Authorizes the Secretary of Education to make direct awards to local educational agencies (LEAs) to support programs or activities, that the LEA deems appropriate, for students in kindergarten through grade 12. Authorizes appropriations. Directs the Secretary to use funds under this Act to continue to make payments to eligible recipients pursuant to, and for the duration of, any multiyear award made prior to enactment of this Act. Repeals the Goals 2000: Educate America Act. Repeals certain provisions of the Department of Education Appropriations Act, 1999 which vested in the National Assessment Governing Board exclusive authority for developing voluntary national tests pursuant to a specified contract. Repeals the following programs under the Elementary and Secondary Education Act of 1965: (1) the Technology for Education program, including national programs, State and local programs for school technology resources, Star Schools, Ready-to-Learn Television, telecommunications demonstration project for mathematics, elementary mathematics and science equipment, and elementary and secondary school library media resources; (2) the State programs component of Innovative Education Program Strategies; and (3) the Fund for the Improvement of Education. Repeals the School-to-Work Opportunities Act of 1994. Directs the Secretary to determine a per-child amount to be awarded to each LEA. Authorizes the Secretary to conduct audits of LEA expenditures under this Act and to enforce certain sanctions and penalties if such funds are not used in accordance with this Act.