,,ii  #aacth ,,congress  #b;d ,session  
,s4 #aifh  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,january #bh1  
#bjad,mr4 ,alexander 7for himself1 ,mr4 
,coats1 ,mr4 ,cornyn1 and ,mr4 ,vitter7 
introduced the following bill2 which was
 read twice and referred to the         
,committee on ,health1 ,education1      
,labor1 and ,pensions  ,a ,,bill  ,to   
allow ,states to let ,federal funds for 
the education of disadvantaged children 
follow low-income children to the       
accredited or otherwise ,state-approved 
public school1 private school1 or       
supplemental educational services       
program they attend4  #a4 ,short title  
,this ,act may be cited as the          
,scholarships for ,kids ,act4  #b4      
,purpose ,the purpose of this ,act is to
 improve the academic achievement of the
 disadvantaged by encouraging ,state    
efforts to expand the educational       
choices available to low-income         
students4  #c4 ,scholarships for kids   
program ,subpart #b of part ,a of title 

,i of the ,elementary and ,secondary    
,education ,act of #aife 7#bj ,u4,s4,c4 
#fcca et seq47 is amended by adding at  
the end the following3  #aabh4          
,scholarships for kids program  7a7     
,definitions ,in this section3 7#a7     
,eligible child  7,a7 ,in general ,the  
term eligible child means a child       
residing in a participating ,state who--
 7i7 is not older than #ba2  7ii7 is    
entitled to a free public education     
through grade #ab2 and  7iii7 7,i7 is   
from a family with an income below the  
poverty level on the basis of the most  
recent satisfactory data published by   
the ,department of ,commerce2 or  7,,ii7
 is a child described in subparagraph   
7,b74  7,b7 ,exception for continuing   
eligibility ,a participating ,state may 
elect to serve a child as an eligible   
child under an approved program under   
this section if-- 7i7 such child was an 
eligible child described in subparagraph
 7,a7 during the previous fiscal year2  
7ii7 such child is from a family with an

 income that is not greater than #bjj   
percent of the poverty level on the     
basis of the most recent satisfactory   
data published by the ,department of    
,commerce for the preceding year2 and   
7iii7 the ,state educational agency has 
determined that the child qualifies for 
continuing eligibility1 as defined by   
the participating ,state in its         
declaration of intent under subsection  
7d74  7,c7 ,criteria of poverty ,in     
determining if a family has an income   
below the poverty level for purposes of 
this section1 a ,state shall use the    
poverty threshold1 for the most recently
 completed calendar year1 most recently 
published by the ,bureau of the ,census4
  7#b7 ,participating ,state ,the term  
participating ,state means a ,state     
whose declaration of intent to exercise 
the ,state option for a ,scholarships   
for ,kids program is approved by the    
,secretary as described in subsection   
7d74  7#c7 ,state ,the term ,state means
 each of the several ,states of the     

,united ,states1 the ,district of       
,columbia1 and the ,commonwealth of     
,puerto ,rico4  7#d7 ,supplemental      
educational services program ,the term  
supplemental educational services       
program means a program providing       
supplemental educational services1 as   
defined in section #aaaf7;e77#ab74  7b7 
,scholarships for kids program          
authorized  7#a7 ,in general            
,notwithstanding any other provision of 
law and to the extent permitted under   
,state law1 a participating ,state may  
use the funds made available under this 
subpart to carry out a ,scholarships for
 ,kids program in accordance with       
subsection 7c74  7#b7 ,inapplicability  
of other requirements ,notwithstanding  
any other provision of this part or any 
other law1 a participating ,state       
carrying out a ,scholarships for ,kids  
program that meets the requirements of  
this section1 and the local educational 
agencies in such ,state1 shall not be   
required to meet any other requirements 

under this ,act or any other law1 except
 as provided in paragraph 7#c71 in order
 to receive the ,state's funds under    
this subpart4  7#c7 ,academic standards1
 academic assessments1 and reporting on 
performance disaggregated by student    
subgroup ,a participating ,state        
carrying out a ,scholarships for ,kids  
program that meets the requirements of  
this section1 and the local educational 
agencies within such ,state1 shall      
comply with paragraphs 7#a71 7#c71 7#f71
 and 7#g7 of subsection 7b71 and        
subsection 7h71 of section #aaaa1 and   
with the requirements of subpart #b of  
part ,e of title ,,ix 7except for       
section #ieba74  7c7 ,use of funds  7#a7
 ,student grants  7,a7 ,in general ,each
 participating ,state shall use the     
funds made available under section #aabb
 and not reserved under paragraph 7#b7  
or 7#c7 to carry out a ,scholarships for
 ,kids program1 under which the ,state  
shall-- 7i7 establish a per-pupil amount
 for the grants under this section1     

based on the number of eligible children
 in the ,state1 as described in         
subparagraph 7,b72 and  7ii7 make a     
grant available on behalf of each       
eligible child1 in the amount determined
 under such subparagraph1 that the      
parents of the eligible child may use   
for any of the following purposes1 as   
allowed by ,state law3 7,i7 ,to         
supplement the budget of any public     
school the eligible child is able to    
attend without fees4  7,,ii7 ,to pay for
 all1 or a portion1 of any fees required
 to attend another public school in the 
participating ,state4  7,,iii7 ,to pay  
for all1 or a portion1 of the tuition   
and fees required to attend an          
accredited or otherwise ,state-approved 
private school4  7,,iv7 ,to pay for all1
 or a portion1 of the fees required to  
participate in a ,state-approved        
supplemental educational services       
program4  7,b7 ,calculation of grant    
amounts ,each participating ,state shall
 calculate the amount of the grant to be

 awarded to each eligible child for each
 fiscal year by dividing the allocation 
to the participating ,state under this  
subpart remaining after the             
participating ,state reserves any funds 
under paragraph 7#b7 or 7#c71 by the    
total number of eligible children1 as   
determined by the participating ,state4 
7#b7 ,administrative expenses ,a        
participating ,state may reserve not    
more than #c percent of its allocation  
under section #aabb for administrative  
costs associated with carrying out the  
participating ,state's duties and       
functions under this section1           
including-- 7,a7 certifying the         
eligibility of children living in the   
participating ,state2  7,b7             
disseminating information to parents of 
eligible children about public schools1 
private schools1 and programs of        
supplemental educational services that  
are available to eligible children in   
the participating ,state2  7,c7 paying  
the costs of administering any tests    

required to be administered to eligible 
children participating in the program2  
and  7,d7 providing subgrants to local  
educational agencies in the             
participating ,state for any of these   
purposes4  7#c7 ,transportation for     
eligible children ,a participating      
,state may reserve not more than #b     
percent of its allocation under section 
#aabb to provide transportation for     
eligible children to the public school1 
private school1 or supplemental         
educational services program the        
eligible children attend in accordance  
with paragraph 7#a77;,a77ii74  7d7      
,state declaration of intent  7#a7 ,in  
general ,in order to carry out a        
,scholarships for ,kids program under   
this section1 a ,state educational      
agency shall submit a declaration of    
intent to exercise the ,state option for
 a ,scholarships for ,kids program to   
the ,secretary that satisfies the       
requirements of this subsection4  7#b7  
,contents ,each declaration of intent   

submitted under paragraph 7#a7 shall    
provide the following3 7,a7 ,a          
description of the program to be        
administered under this section1        
including the per-student amount        
calculated under subsection 7c77#a77;,b7
 that will follow each eligible child to
 the school or supplemental educational 
services program the eligible child     
attends4  7,b7 ,an assurance that funds 
made available under this section will  
be spent in accordance with the         
requirements of this section4  7,c7 7i7 
,an assurance that the ,state will      
provide a parent of each eligible child 
within the ,state who receives or is    
offered a grant under this section with 
the option to use grant funds for #a 7or
 more than #a if the parent so chooses7 
of any of the following1 as allowed by  
,state law3 7,i7 ,to supplement the     
budget of any public school the eligible
 child is able to attend without fees4  
7,,ii7 ,to pay for all1 or a portion1 of
 any fees required to attend another    

public school in the participating      
,state4  7,,iii7 ,to pay for all1 or a  
portion1 of the tuition and fees to     
attend an accredited or otherwise       
,state-approved private school4  7,,iv7 
,to pay for all1 or a portion1 of the   
fees required to participate in a       
supplemental educational services       
program4  7ii7 ,a description of the    
procedures the ,state will implement to 
carry out the requirements of clause    
7i71 including any accreditation or     
other method by which the ,state will   
approve private schools and providers of
 supplemental educational services      
programs to accept grant funds under    
this section4  7,d7 ,an assurance that  
the ,state will publish1 in a widely    
read or distributed medium1 an annual   
report that contains-- 7i7 the number of
 students1 schools1 and providers of    
programs of supplemental educational    
services that participated in the       
program assisted under this section2    
7ii7 information regarding the academic 

progress of students receiving a grant  
under this section in meeting           
challenging ,state student academic     
achievement standards under section     
#aaaa7;b77#a71 if the ,state requires   
that students receiving a grant         
participate in the academic assessments 
administered under section              
#aaaa7;b77#c72 and  7iii7 such other    
information as the ,state may require4  
7,e7 ,a description of how the ,state   
will define continuing eligibility with 
respect to children who have            
participated in the ,state's            
,scholarships for ,kids program for the 
preceding year1 in accordance with      
subsection 7a77#a77;,b74  7,f7 ,an      
assurance that the ,state will assist   
each local educational agency1 public   
school1 and participating private school
 affected by the ,state declaration of  
intent to meet the requirements of this 
section4  7,g7 ,an assurance that the   
,state will use ,federal funds awarded  
as grants to eligible children under    

this section to supplement any funds    
from non-,federal sources that would1 in
 the absence of such ,federal funds1 be 
made available to such students or to   
the schools or programs of supplemental 
educational services the students       
attend1 and not to supplant such funds4 
7,h7 ,an assurance that the ,state will 
comply with the requirements of         
paragraphs 7#a71 7#c71 7#f71 and 7#g7 of
 subsection 7b71 and subsection 7h71 of 
section #aaaa4  7,i7 ,an assurance that 
the ,state will participate in biennial 
,state academic assessments in grades #d
 and #h in reading and mathematics under
 the ,national ,assessment of           
,educational ,progress carried out under
 section #cjc7;b77#c7 of the ,national  
,assessment of ,educational ,progress   
,authorization ,act if the ,secretary   
pays the costs of administering such    
assessments4  7#c7 ,review and approval 
by the secretary  7,a7 ,in general ,the 
,secretary shall-- 7i7 establish a      
process to review the declarations of   

intent received from ,states under this 
subsection2 and  7ii7 by not later than 
#cj days after the submission of a      
,state declaration of intent1 approve   
the ,state declaration or1 if the       
,secretary clearly demonstrates that the
 ,state declaration of intent does not  
meet the requirements of this           
subsection1 carry out the requirements  
of paragraph 7#d74  7,b7 ,standard and  
nature of review ,the ,secretary shall  
conduct a good faith review of ,state   
declarations of intent in their totality
 and in deference to ,state and local   
judgments1 with the goal of promoting   
parental choice4  7#d7 ,state           
declaration of intent determination1    
demonstration1 and revision ,if the     
,secretary determines that a ,state     
declaration of intent does not meet the 
requirements of this subsection1 the    
,secretary shall1 prior to disapproving 
the declaration of intent-- 7,a7        
immediately notify the ,state of the    
determination2  7,b7 provide to the     

,state a detailed description of the    
specific requirements of this subsection
 that the ,secretary determined were not
 met in the declaration of intent2  7,c7
 offer the ,state an opportunity to     
revise and resubmit its declaration of  
intent within #cj days of the           
determination2  7,d7 provide technical  
assistance1 upon request of the ,state1 
in order to assist the ,state in meeting
 the requirements of this subsection2   
and  7,e7 provide an opportunity for a  
public hearing not later than #cj days  
after receiving from the ,state a       
revised declaration of intent1 with     
public notice provided not less than #ae
 days before the hearing4  7#e7 ,state  
declaration of intent disapproval ,the  
,secretary shall have the authority to  
disapprove a ,state declaration of      
intent if-- 7,a7 the ,state has been    
notified and offered an opportunity to  
revise and resubmit the declaration of  
intent with technical assistance1 in    
accordance with paragraph 7#d72 and     

7,b7 7i7 the ,state does not submit a   
revised declaration of intent2 or  7ii7 
the ,state submits a revised declaration
 of intent that the ,secretary          
determines1 after an opportunity for a  
hearing conducted in accordance with    
paragraph 7#d77;,e71 does not meet the  
requirements of this subsection4  7#f7  
,recognition by operation of law ,if the
 ,secretary fails to take action on a   
declaration of intent submitted by a    
,state within the time specified in     
paragraph 7#c77;,a77ii71 the declaration
 of intent1 as submitted1 shall be      
deemed to be approved4  7#g7            
,limitations ,the ,secretary shall not  
have the authority to require a ,state1 
as a condition of approval of the ,state
 declaration of intent under this       
subsection1 to-- 7,a7 submit any        
standards for academic content or       
student academic achievement for review 
or approval2  7,b7 enter into a         
voluntary partnership with another      
,state to develop and implement academic

 assessments1 ,state academic content   
standards1 and accountability systems2  
7,c7 include in1 or delete from1 such a 
declaration of intent any criterion that
 specifies1 describes1 or prescribes any
 standard or measure that the ,state    
uses to establish1 implement1 or        
improve-- 7i7 ,state standards2  7ii7   
assessments2  7iii7 ,state              
accountability systems2  7iv7 systems   
that measure student growth2  7v7       
measures of other academic indicators2  
or  7vi7 teacher and principal          
evaluation systems2 or  7,d7 require the
 collection1 publication1 or            
transmission to the ,department of      
individual student data that is not     
expressly required to be collected under
 this ,act4  7e7 ,accountability for    
academic progress ,a participating      
,state may require each eligible child  
receiving a grant under this section to 
take academic assessments implemented by
 the ,state educational agency under    
section #aaaa7;b77#c7 or an alternative 

assessment approved by the ,state       
educational agency of the participating 
,state1 if the participating ,state pays
 any costs associated with administering
 the assessment4  7f7 ,nondiscrimination
 and other requirements for schools and 
providers of supplemental educational   
services programs  7#a7                 
,nondiscrimination  7,a7 ,in general    
,except as provided in subparagraph     
7,b71 a school or provider of a         
supplemental educational services       
program that participates in a program  
under this section by accepting grant   
funds under this section on behalf of an
 eligible child under this section shall
 agree to not discriminate against      
program participants or applicants on   
the basis of race1 color1 national      
origin1 religion1 or sex4  7,b7         
,exceptions  7i7 ,in general            
,notwithstanding any other provision of 
law1 the prohibition of sex             
discrimination in subparagraph 7,a7     
shall not apply to a participating      

school that is operated by1 supervised  
by1 controlled by1 or connected to a    
religious organization to the extent    
that the application of subparagraph    
7,a7 is inconsistent with the religious 
tenets or beliefs of the school4  7ii7  
,single-sex school1 class1 or activity  
,notwithstanding subparagraph 7,a7 or   
any other provision of law1 a parent may
 choose1 and a school may offer1 a      
single-sex school1 class1 or activity4  
7,c7 ,applicability ,section #iji of the
 ,education ,amendments of #aigb 7#bj   
,u4,s4,c4 #afhh7 shall apply to this    
section as if such section #iji were    
part of this section4  7#b7 ,children   
with disabilities ,nothing in this      
section shall be construed to alter or  
modify the ,individuals with            
,disabilities ,education ,act4  7#c7    
,rules of conduct and other school      
policies ,a participating school or     
provider of supplemental educational    
services may require eligible children  
attending the school or receiving the   

services1 respectively1 to abide by any 
rules of conduct or other requirements  
applicable to all other students served 
by the school or the provider of        
supplemental educational services4  7#d7
 ,religiously affiliated schools and    
providers of supplemental educational   
services  7,a7 ,in general              
,notwithstanding any other provision of 
law1 a school or provider of            
supplemental educational services       
participating in a program under this   
section that is operated by1 supervised 
by1 controlled by1 or connected to1 a   
religious organization may exercise its 
right in matters of employment          
consistent with title ,,vii of the      
,civil ,rights ,act of #aifd 7#db       
,u4,s4,c4 #bjjj;e-#a et seq471 including
 the exemptions in such title4  7,b7    
,maintenance of purpose ,notwithstanding
 any other provision of law1 funds made 
available under this section to eligible
 students that are received by a        
participating school or supplemental    

educational services provider1 as a     
result of their parents' choice1 shall  
not1 consistent with the first amendment
 of the ,constitution of the ,united    
,states-- 7i7 necessitate any change in 
the participating school's teaching     
mission2  7ii7 require any participating
 school to remove religious art1 icons1 
scriptures1 or other symbols2 or  7iii7 
preclude any participating school from  
retaining religious terms in its name1  
selecting its board members on a        
religious basis1 or including religious 
references in its mission statements and
 other chartering or governing          
documents4  7g7 ,national program       
assessment  7#a7 ,in general ,the       
,secretary1 acting through the ,director
 of the ,institute of ,education        
,sciences1 shall carry out a national   
assessment of activities carried out    
with ,federal funds under this section  
in order-- 7,a7 to determine the        
effectiveness of this section in        
achieving the purposes of this section2 

and  7,b7 to provide timely information 
to the ,president1 ,congress1 the       
,states1 local educational agencies1 and
 the public on how to implement this    
section more effectively1 including     
recommendations for legislative and     
administrative action that can achieve  
the purposes of this section more       
effectively4  7#b7 ,scope of assessment 
,the national assessment shall assess   
activities supported under this section1
 including-- 7,a7 the implementation of 
programs assisted under this section by 
participating ,states and the impact of 
such programs on improving the academic 
achievement of low-income children to   
meet the challenging academic content   
and student academic achievement        
standards adopted by the participating  
,states under section #aaaa7;b77#a71    
based on the ,state academic assessments
 adopted under section #aaaa7;b77#c71 to
 the extent applicable2  7,b7 the types 
of programs and services in             
participating ,states that have         

demonstrated the greatest effectiveness 
in helping low-income students reach the
 challenging academic content and       
student academic achievement standards  
developed by the participating ,states2 
and  7,c7 the effectiveness of ,states1 
local educational agencies1 schools1 and
 other recipients of assistance under   
this section in achieving the purposes  
of this section1 by-- 7i7 improving the 
academic achievement of low-income      
children and their performance on ,state
 assessments1 where applicable1 as      
compared with other children2 and  7ii7 
improving the participation of parents  
of low-income children in the education 
of their children4  7#c7 ,sources of    
information and data collection  7,a7   
,in general ,in conducting the          
assessment under this subsection1 the   
,secretary shall-- 7i7 analyze existing 
data from ,states required for reports  
under this ,act and the ,individuals    
with ,disabilities ,education ,act1 and 
summarize major findings from such      

reports2 and  7ii7 analyze data from the
 ,national ,assessment of ,educational  
,progress carried out under section     
#cjc7;b77#b7 of the ,national           
,assessment of ,educational ,progress   
,authorization ,act4  7,b7 ,special rule
 ,the information and data used to      
prepare the assessment1 as described in 
subparagraph 7,a71 shall be derived from
 existing ,state and local reporting    
requirements and data sources4 ,nothing 
in this paragraph shall be construed as 
authorizing1 requiring1 or allowing any 
additional reporting requirements1 data 
elements1 or information to be reported 
to the ,secretary not otherwise         
explicitly authorized by any other      
,federal law4  7#d7 ,reports  7,a7      
,interim report ,not later than #c years
 after the date of enactment of the     
,scholarships for ,kids ,act1 the       
,secretary shall transmit to the        
,president1 the ,committee on ,education
 and the ,workforce of the ,house of    
,representatives1 and the ,committee on 

,health1 ,education1 ,labor1 and        
,pensions of the ,senate1 an interim    
report on the national assessment       
conducted under this subsection4  7,b7  
,final report ,not later than #e years  
after the date of enactment of the      
,scholarships for ,kids ,act1 the       
,secretary shall transmit to the        
,president1 the ,committee on ,education
 and the ,workforce of the ,house of    
,representatives1 and the ,committee on 
,health1 ,education1 ,labor1 and        
,pensions of the ,senate1 a final report
 on the national assessment conducted   
under this subsection4  7h7 ,prohibition
 against federal mandates1 direction1 or
 control ,nothing in this subsection    
shall be construed to authorize the     
,secretary or any other officer or      
employee of the ,federal ,government to 
mandate1 direct1 control1 or exercise   
any direction or supervision over the   
instructional content or materials1     
curriculum1 program of instruction1     
academic content and student academic   

achievement standards1 or academic      
assessments of a ,state1 local          
educational agency1 elementary school or
 secondary school1 or provider of       
supplemental educational services4  4   
#d4 ,authorization of appropriations    
,section #ajjb of the ,elementary and   
,secondary ,education ,act of #aife 7#bj
 ,u4,s4,c4 #fcjb7 is amended to read as 
follows3  #ajjb4 ,authorization of      
appropriations ,for the purpose of      
carrying out part ,a1 there are         
authorized to be appropriated           
#bc1iee1hdj1jjj for fiscal year #bjae   
and each of the #e succeeding fiscal    
years4  4  #e4 ,program consolidation   
7a7 ,consolidation of certain ,federal  
education programs ,the following       
provisions are repealed3 7#a7 ,section  
#ajjc and parts ,b1 ,c1 ,d1 ,e1 ,f1 ,g1 
and ,h of title ,i of the ,elementary   
and ,secondary ,education ,act of #aife 
7#bj ,u4,s4,c4 #fcja et seq474  7#b7    
,titles ,,ii1 ,,iii1 ,,iv1 ,v1 ,,vi1 and
 ,,vii of the ,elementary and ,secondary

 ,education ,act of #aife 7#bj ,u4,s4,c4
 #ffja et seq41 #fhja et seq41 #gaja et 
seq41 #gcja et seq41 #gdja et seq474    
7#c7 ,clauses 7iii7 and 7iv7 of section 
#aje7;f77#a77;,b7 of the ,compact of    
,free ,association ,amendments ,act of  
#bjjc 7#dh ,u4,s4,c4                    
#aiba;d7f77#a77;,b77iii7 and 7iv774     
7#d7 ,the ,carl ,d4 ,perkins ,career and
 ,technical ,education ,act of #bjjf    
7#bj ,u4,s4,c4 #bcja et seq474  7#e7    
,subtitle ,b of title ,,vii of the      
,mc,kinney-,vento ,homeless ,assistance 
,act 7#db ,u4,s4,c4 #aadca et seq474    
7#f7 ,the ,educational ,technical       
,assistance ,act of #bjjb 7#bj ,u4,s4,c4
 #ifja et seq474  7#g7 ,part ,a of title
 ,,ii of the ,higher ,education ,act of 
#aife 7#bj ,u4,s4,c4 #ajbb et seq474    
7#h7 ,sections #djb;,b and #djb;,c of   
the ,higher ,education ,act of #aife    
7#bj ,u4,s4,c4 #ajgj;a-#ab1             
#ajgj;a-#ac74  7#i7 ,section #daj of the
 ,agricultural ,research ,extension1 and
 ,education ,reform ,act of #aiih 7#g   

,u4,s4,c4 #gfcj74  7#aj7 ,section       
#adag7;j7 of the ,national ,agricultural
 ,research1 ,extension1 and ,teaching   
,policy ,act of #aigg 7#g ,u4,s4,c4     
#caeb7;j774  7#aa7 ,section #daja of the
 ,patient ,protection and ,affordable   
,care ,act 7#db ,u4,s4,c4 #bhj;h-#d     
note74  7#ab7 ,section #i of the        
,national ,science ,foundation          
,authorization ,act of #bjjb 7#db       
,u4,s4,c4 #ahfbn74  7#ac7 ,section      
#cii,z-#a of the ,public ,health        
,service ,act 7#db ,u4,s4,c4 #bhj;h-#e74
  7#ad7 ,sections #adjje1 #adjjf1 and   
#adjjg of the ,american ,recovery and   
,reinvestment ,act of #bjji 7,public    
,law #aaa-e2 #abc ,stat4 #bhb74  7b7    
,effective date ,subsection 7a7 shall   
take effect on ,october #a1 #bjae4  7c7 
,additional conforming amendments  7#a7 
,in general ,after consultation with the
 appropriate committees of ,congress and
 the ,director of the ,office of        
,management and ,budget1 each applicable
 ,secretary shall prepare recommended   

legislation containing technical and    
conforming amendments to reflect the    
changes made by this ,act4  7#b7        
,submission to ,congress ,not later than
 #f months after the date of enactment  
of this ,act1 each applicable ,secretary
 shall submit the recommended           
legislation referred to under paragraph 
7#a7 to the appropriate committees of   
,congress4  7#c7 ,definition of         
applicable ,secretary ,for purposes of  
this section1 the term applicable       
,secretary means a ,secretary with      
authority over a program or provision of
 law described in subsection 7a74