Elementary and secondary education State block grant programs

(a) In General Beginning 1 year after the date of enactment of this Act, the Secretary of Health and Human Services shall carry out 2 programs under which the Secretary of Health and Human Services makes allocations to States to support early childhood, elementary, and secondary education, including career and technical education. (b) Allocations to States with amounts equal to Title I In addition to allocations under subsection (c), from amounts made available to carry out this subsection for a fiscal year, the Secretary of Health and Human Services shall allot to each State an amount that is equal to the amount that the State would have received for that fiscal year under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) as in effect on the day before the date of enactment of this Act. (c) Allocations to States with other amounts In addition to allocations under subsection (b), the Secretary of Health and Human Services shall carry out the following: (1) Reservation of funds From the total amount appropriated to carry out this subsection for a fiscal year, the Secretary of Health and Human Services shall reserve— (A) one-half of 1 percent for allotments for the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, to be distributed among those outlying areas on the basis of their relative need, as determined by the Secretary, in accordance with the purpose of this title; (B) one-half of 1 percent for the Secretary of the Interior for programs under this section in schools operated or funded by the Bureau of Indian Education; and (C) 1 percent for the Secretary of Health and Human Services for the administrative costs of carrying out this subsection and for providing technical assistance. (2) State allotments (A) In general Subject to subparagraphs (B) and (C), from the amount appropriated to carry out this subsection that remains after the Secretary of Health and Human Services makes the reservations under paragraph (1), the Secretary of Health and Human Services shall allot to each State, an amount that bears the same relationship to the remainder as the number of individuals aged 5 through 17 in the State, as determined by the Secretary of Health and Human Services on the basis of the most recent satisfactory data, bears to the number of those individuals in all such States, as so determined. (B) Small state minimum No State receiving an allotment under this subsection shall receive less than one-half of 1 percent of the total amount allotted under this subsection. (C) Puerto rico The amount allotted under this subsection to the Commonwealth of Puerto Rico for a fiscal year may not exceed one-half of 1 percent of the total amount allotted under this subsection. (d) Use of funds A State that receives an allocation under subsection (b) or subsection (c), or both subsections, shall use such funding for any purpose relating to early childhood, elementary, or secondary education, including career and technical education. (e) Block grant conditions As a condition of receiving an allocation under this section, a State shall provide the Secretary of Health and Human Services with an assurance that the State will carry out each of the following: (1) Submitting student data to the Secretary of Health and Human Services, annually, as requested by the Secretary of Health and Human Services and as necessary for executing the program under this section. (2) Completing of annual audits that conform to generally accepted accounting principles, auditing procedures, and safeguarding of funds that conform to chapter 75 of title 31, United States Code (commonly known as the Single Audit Act of 1984) and submitting the results of such audits to the Secretary of Health and Human Services. (3) Complying with all applicable Federal civil rights laws, including those described in section 4. (f) Misused or misappropriated funds If the Secretary of Health and Human Services finds that any funds under this section have been misused or misappropriated by the State, the Secretary of Health and Human Services— (1) may require repayment of the misused funds and withhold Federal funds under this section for the next fiscal year; or (2) may reach a voluntary resolution agreement with that State. (g) Application of FERPA Section 444 of the General Education Provisions Act (20 U.S.C. 1232g, commonly known as the Family Educational Rights and Privacy Act of 1974) shall apply to the program under this section, except that references to the Secretary of Education or the Department of Education in such section shall be deemed to refer to the Secretary of Health and Human Services or the Department of Health and Human Services. (h) Definitions In this section— (1) the term State means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and each of the outlying areas; and (2) the term outlying area means American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, the United States Virgin Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau. (i) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary.