[Congressional Record Volume 143, Number 42 (Thursday, April 10, 1997)]
[Senate]
[Pages S3017-S3057]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  THE NORTHERN FOREST STEWARDSHIP ACT

  Mr. LEAHY. Mr. President, today I am pleased to join my colleague 
Senator Gregg and Senators Jeffords, Snowe, Collins, Moynihan and Smith 
in introducing the Northern Forest Stewardship Act of 1997 and the 
Family Forestland Preservation Tax Act. I am proud that this 
legislation has the entire support of the Senate delegations from the 
Northern Forest States of Vermont, New Hampshire, Maine, as well as 
Senators from other parts of the region.
  Today's legislation is about empowering communities within the 26-
million-acre Northern Forest--the largest contiguous forest east of the 
Mississippi River. This great natural resource criss crosses New York, 
Vermont, New Hampshire, and Maine. But as we near the end of the 20th 
century, growth pressures on the Northern Forest have increased. The 
thousands of people who live in this region have wrestled with how to 
maintain economies that provide jobs while preserving the environment 
that makes the region such a special place.
  Recognizing the challenge facing these communities, Senator Warren 
Rudman and I sponsored the Northern Forest Lands Study in 1990. 
Thousands of people who live in the Northern Forest participated in the 
study which lasted 4 years. Upon the conclusion of the study, the 
Northern Forest Lands Council was established to develop specific 
recommendations to address the issues identified in the study.
  As one might expect, the majority of these recommendations focused on 
local and State issues. However, some of the ideas proposed by the 
Northern Forest Lands Council requested changes in Federal law. Today, 
we are here to move forward the council recommendations that need these 
modifications.
  Here is an example of what Congress can achieve when it heeds the 
public's voice. It is founded on extensive research, open discussion, 
consensus decisions, and visionary problem solving by the people who 
have a stake in the future of the forest. Legislation rarely embodies 
such a thorough effort by so diverse a constituency.
  This legislation will reaffirm the council's vision of the Northern 
Forest as a working landscape of interlocking parts and pieces, 
reinforcing each other: small and rural communities, industrial forest 
land, family and individual ownerships, small woodlots, recreation 
land, public and private conservation land.
  These bills focus on three key goals of the council: fostering 
stewardship of private land, building knowledge and information on 
forest resources, and increasing funds available for land conservation. 
These are goals shared by the people and representatives of the 
Northern Forest region and provide the foundation for the bipartisan 
support of this legislation in the House and the Senate.
  This legislation also recognizes the extraordinary resources the 26-
million-acre Northern Forest region provides to local communities and 
visitors alike. The forests within the region are rich in natural 
resources and values cherished by residents and visitors: timber, 
fiber, and wood for forest products and energy supporting successful 
businesses and providing stable jobs for residents; lakes, ponds, 
rivers, and streams unspoiled by pollution or crowding human 
development; viable tracts of land for wildlife habitat and 
recreational use, and protected areas to help preserve the biological 
integrity of the region.
  Given the nature of the council's recommendations, one piece of 
legislation to implement all the recommendations was not feasible, 
therefore we are introducing this package of bills. It is our hope that 
these bills will both be taken up in the appropriate committees of this 
Congress and will move through Congress as complementary legislation.
  Passing this legislation is a priority for me personally and for 
Vermont. It will highlight the importance of the forest resources to 
our region and to the Nation. It will help State, local, and community 
groups draw upon Federal assistance to work toward the goals of the 
council. And, it will reaffirm these goals and the shared commitment to 
protect the environmental and economic heritage of the region.
  Mr. President, I ask unanimous consent that the bill on the part of 
myself, and Senators Gregg, Jeffords, Snowe, Collins, Smith of New 
Hampshire, Moynihan, Kerry of Massachusetts, and Mr. Kennedy be 
introduced and appropriately referred.
  The PRESIDING OFFICER. The bill will be received and appropriately 
referred.
  Mr. JEFFORDS. Mr. President, I am pleased to be an original cosponsor 
of the Family Forest Land Preservation Tax Act and the Northern Forest 
Stewardship Act and commend both Senator Leahy and Senator Gregg for 
their leadership in these bills. Both bills include recommendations 
from the Northern Forest Lands Council that address the general 
consensus of the residents in the Northern Forest region.
  Since the Northern Forest Lands Council's creation in 1990, hundreds 
of citizens have been seeking ways for Maine, New Hampshire, New York, 
and Vermont to maintain the traditional patterns of land ownership and 
use of the Northern Forest. For over 4 years the council conducted 
indepth research, assessed data, consulted with experts, held public 
meetings, and listened to thousands of people who live and work in the 
region. The recommendations that are incorporated in both the 
Stewardship Act and the Preservation Tax Act, represent the thoughtful 
work of many individuals who live and work in the Northern Forest 
region and hundreds of hours of forums and public meetings.
  Mr. President, I am grateful and appreciate the dedication and vision 
of the members of the Northern Forest Lands Council and the thousands 
of people who participated in the process. I am grateful, because the 
26-million-acre forest that stretches from eastern Maine through New 
Hampshire and Vermont and across New York provides important and 
valuable resources. This forest region is home to 1 million residents. 
The people that work and live in this region have a bond to the land. 
Hunting, fishing, trapping, walking, and hiking in the woods have been 
a way of life for generations.
  Nearly 85 percent of the Northern Forest is privately owned. For 
years, these lands have provided a diversity of environmental and 
economic benefits.

[[Page S3018]]

 Families and individuals have taken care of their forests for 
generations providing economic viability to communities and overall 
economic health to the region as well as maintaining opportunities for 
recreation, natural beauty, and wildlife. The traditional values within 
the forest regions are also cherished by those who live outside the 
region. Seventy million people live within a day's drive of the 
Northern Forest. They too, realize the importance of the Northern 
Forest for its source of clean water, clean air, and vast diversity.
  Mr. President, the Preservation Tax Act and the Stewardship Act are 
needed to protect and maintain the traditional and valuable uses of the 
Northern Forest. Complex social and economic forces, some originating 
outside the region, have led to competing and conflicting uses of the 
Northern Forest. These two bills will help keep the Northern Forest 
productive and protected.
  The Family Forest Land Preservation Tax Act will help encourage 
private forest land owners to conserve their productive forests. Since 
well managed productive forests are such an essential element to the 
traditional values of the Northern Forest region, the Preservation Tax 
Act is vital to maintaining sound forest management. Although this bill 
was based on recommendation from citizens in the Northern Forest 
region, it will benefit forest lands in all States. It's important 
because it allows for post-mortem donations of conservation easements 
for estate tax purposes, creates an estate tax alternative for heirs 
who choose to maintain the property as forest land for 25 years, 
provides a partial inflation adjustment for timber, creates an 
incentive for the sale of conservation easements to public agencies, 
and eliminates the 100-hour passive loss rule for forest land income.
  Mr. President, the Preservation Tax Act and the Stewardship Act are 
needed to relieve the pressure on forest land owners and provide 
incentives to maintain and protect the forests that so many work and 
enjoy. Both bills support the Northern Forest Council recommendations 
by promoting a sound foundation for a diversified economy and stable 
communities, opportunities for quality recreation, and long-term 
protection of the diversity of plant and animal species in the region. 
These bills are important steps in addressing the many interests in the 
Northern Forest region. Several years of participation and involvement 
from interested parties throughout the region have helped develop 
useful recommendations that recognize the diversified opportunities of 
one of the regions most important resources.
  It is my hope that both bills will move swiftly through the Senate 
and House and become law. I urge my colleagues to support these bills.
                                 ______
                                 
       By Mr. McCAIN (for himself, Mrs. Hutchison, Mr. Lott, Mr. 
        Stevens, Mr. Nickles, Mr. Craig, Mr. Ashcroft, and Mr. Warner):
  S. 547. A bill to provide for continuing appropriations in the 
absence of regular appropriations for fiscal year 1998; to the 
Committee on Appropriations.


                 THE GOVERNMENT SHUTDOWN PREVENTION ACT

  Mr. McCAIN. Mr. President, today I and Senator Hutchison and Senator 
Lott and Senator Nickles, Senator Stevens, and Senator Craig are 
introducing the Government Shutdown Prevention Act. This bill creates a 
statutory continuing resolution as sort of a safety net CR, which would 
trigger only if the appropriation acts do not become law or if there is 
no governing continuing resolution in place.
  I want to emphasize here, after a long series of negotiations with 
the House, with the advice and consent and leadership of the majority 
leader, Senator Lott, and the active participation and leadership of 
Senator Stevens especially, the chairman of the Appropriations 
Committee, negotiations with the Speaker, the Appropriations Committee 
chairman, Mr. Livingston, in the House, and also Majority Leader Armey, 
we have come up with this legislation.
  Mr. President, this legislation is important. It must be done soon. I 
believe the lesson of the last 2 years is that we cannot allow the 
Government to be shut down again. Nor can we allow the threat of a 
Government shutdown to be so impactful that we fiscal conservatives are 
somehow forced to appropriate billions--in the case of last year around 
$8 billion--additional because of the threat of a Government shutdown. 
So, this is very important legislation. It is not something that I am 
idly throwing into the hopper.
  I thank Senator Hutchison for her efforts and participation on this 
bill. What this legislation does is ensures that the Government will 
not shut down and that Government shutdowns cannot be used for 
political games. This safety net continuing resolution basically would 
set spending for fiscal year 1998 at 98 percent of 1997 fiscal year 
levels.
  In other words, the way this would work is if we could not get 
agreement on the appropriations bills, rather than the threat of a 
shutdown of Government or parts of Government because of failure to 
appropriate funding for their continued effort, this would be funded at 
98 percent of the previous year's level. That would ensure, if any kind 
of standoff between the Congress and the White House occurs, that vital 
Government functions will continue and Government employees will 
continue to serve the public.
  It is our intention to move this bill quickly. It is very important 
we act before the appropriations season begins in earnest. Therefore, 
it is the intent of Senator Hutchison and myself to move this bill as 
soon as possible, specifically on the emergency supplemental 
appropriations bill that will be before this body probably within a 
month or so.
  We all saw the effects of gridlock in the past. No one wins when the 
Government shuts down. Shutdowns only confirm the American people's 
suspicions that we are more interested in political gain than doing the 
Nation's business. The American people are tired of gridlock. They want 
the Government to work for them, not against them. The budget process 
in the last Congress, in my view, was a fiasco and, more important, in 
the view of the American people.
  Our Founding Fathers would have been ashamed of our inability to 
execute the power of the purse in a responsible fashion. I am sure they 
would have been quite shocked by the 27 days that the Government was 
shut down, 13 continuing resolutions, and almost $6 billion in 
blackmail money that was given the administration to ensure that the 
Government did not shut down a third time.
  Although Republicans shouldered the blame for the Government 
shutdown, President Clinton and his colleagues were equally at fault 
for using it for their political gain. Republicans were outmaneuvered 
by President Clinton because we were not prepared for him to use the 
budget process for his own political purposes. We thought that by doing 
the right thing--passing the first balanced budget in a generation, and 
fiscally sound appropriations bills--that we would eventually prevail. 
What we did not realize was that the President was more interested in 
playing politics with the budget than actually balancing it. This year 
we have to be prepared for these games and launch a preemptive strike 
to ensure that basic Government operations will not be put at risk 
during the next budget battle.
  This legislation does not erode the power of the appropriators and 
gives them ample opportunity to do their job. It is only if the 
appropriations process is not completed by the beginning of the fiscal 
year, as was the case in the last Congress, that the safety net 
continuing resolution will go into effect.
  In addition, I emphasize that entitlements are fully protected in 
this legislation. The bill specifically states that entitlements such 
as Social Security--as obligated by law--will be paid regardless of 
what appropriations bills are passed or not passed.
  According to President Clinton, the combined cost of last year's 
Government shutdown was $1.5 billion. However, this figure does not 
begin to account for the millions of dollars lost by small businesses 
who depend on the Government being open. In my State of Arizona, during 
the Government shutdown the Grand Canyon was closed for the first time 
in 76 years. I heard from people who work close to the Grand Canyon. 
These were not Government employees. These were independent small 
business men and women. They

[[Page S3019]]

told me that the shutdown cost them thousands of dollars because people 
could not go to the park. According to a CRS report, local communities 
near national parks alone lost an estimated $14.2 million per day in 
tourism revenues as a direct result of the Government shutdown, for a 
total of nearly $400 million over the course of the shutdown.
  The cost of the Government shutdown cannot be measured in just 
dollars and cents. During the shutdown millions of Americans could not 
get crucial social services. For example, 10,000 new Medicare 
applications, 212,000 Social Security card requests, 360,000 individual 
office visits and 800,000 toll-free calls for information and 
assistance were turned away each day. There were even more delays in 
services for some of the most vulnerable in our society, including 13 
million recipients of AFDC, 273,000 foster care children, over 100,000 
children receiving adoption assistance services and over 100,000 Head 
Start children--not to mention the new patients that were not accepted 
into clinical research centers, the 7 million visitors who could not 
attend national parks, or the 2 million visitors turned away at museums 
and monuments. And the list goes on and on.
  In addition, our Federal employees were left in fear wondering 
whether they would be paid, would they have to go to work, would they 
be able to pay their bills on time. In my State of Arizona, for 
example, of the 40,383 Federal employees, over 15,000 of them were 
furloughed in the last Government shutdown. I do not want to put these 
workers at risk ever again.
  A 1991 GAO report confirmed that permanent funding lapse legislation 
is a necessity. In their report they stated, ``Shutting down the 
Government during temporary funding gaps is an inappropriate way to 
encourage compromise on the budget.''
  Neither party can afford another break of faith with the American 
people. Our constituents are tired of constantly being disappointed by 
the actions of Congress and the President. They are tired of our not 
being prepared for what appears to be the inevitable. That is why this 
legislation is so important. We want the American people to know that 
there are some of us in Congress who are thinking ahead and who do not 
want a replay of the last Congress.
  I want to especially note the support of our good friend, Senator 
Stevens, the distinguished Senator from Alaska and chairman of the 
Appropriations Committee. His support of this bill is crucial, and I 
thank him for it. I wish him well in overseeing the appropriations 
process.
  While I am sure we will all have our differences, I am confident he 
will be able to do his best to ensure that the Senate enacts the 
appropriations bills in an efficient and expeditious manner. Let us 
show the American people that we have learned our lessons from the last 
Congress. Passing this preventive measure will go a long way to restore 
America's faith that politics or stalled negotiations will not stop 
Government operations. It will prove to our constituents that we will 
never again allow a Government shutdown or threat of Government 
shutdown to be used for political gain. I hope the Senate will act 
quickly on this important matter.
  I thank the Senator from Texas, Senator Hutchison, who is on the 
floor, for her continued efforts on behalf of this legislation. The 
State of Texas is a very large State. It was very heavily impacted, as 
was my State. As I say, we fully intend to move this legislation onto 
the supplemental appropriations bill, which should be before the body 
either this month or sometime next month.
  I want to say that this is not an idea that Senator Hutchison and I 
came up with. It was an idea that is supported throughout the Congress. 
We engaged in serious and sincere negotiations with the leader, Senator 
Lott, whose leadership was vital in this endeavor.
  Mrs. HUTCHISON. Mr. President, I thank the Senator from Arizona 
because he and I talked about this when we saw the debacle of the 
closing of the Government 2 years ago. We thought this is not the way 
to run a railroad or a government.

  We have talked about this for a long time, but it was Senator McCain 
who said we are going to fix this and we are going to fix it in a 
responsible way. The Senator from Arizona has provided great 
leadership, and with the Senator from Arizona, we have gotten the other 
leaders of our Congress--we certainly have Senator Stevens, the 
chairman of the Appropriations Committee, who deserves a lot of credit 
for helping on this; the majority leader, Senator Lott; the majority 
whip, Senator Nickles; Senator Craig; Senator Ashcroft, and many 
Members have been talking about what we can do to run this Government 
in a responsible way. So the Senator from Arizona and I are introducing 
this bill together to try to provide for a good, solid, easy way to 
make sure that things keep going if we get bogged down in tough 
negotiations.
  This may seem like a kind of small, inside-the-beltway-process issue. 
People might say, ``A continuing resolution, so what, big deal, why are 
you doing that?'' This small thing will have huge ramifications if any 
parts of our Government are not funded on September 30, because what 
happens is that when you get into the heat of negotiations, threat of 
Government shutdowns become a leverage point for one or the other side. 
It can work either way.
  But the issue is the American people, the people who were mentioned 
by Senator McCain, the Federal employees and their families not knowing 
for sure that they are going to get paychecks, people who have planned 
their family vacations for over a year and they go to the Grand Canyon 
and it is closed or they come to Washington, DC, to visit this Capitol 
and it is closed or they cannot get into the Smithsonian or the 
National Gallery of Art; people who are planning their vacations or 
business travel and they find their passport has expired and they 
cannot get a new passport, so their dreams go up in smoke--these are 
people who are affected by a shutdown of Government.
  This very small process issue becomes a real quality-of-life issue 
for everyone in our country who is in need of regular Government 
service. That is why we are acting now. We are trying to provide for a 
smooth transition if we bog down in negotiations, hitting against the 
end of the fiscal year, September 30 of this year. We want to make sure 
that if we in Congress cannot agree with the President that we are 
still able to negotiate in good faith for what is right, rather than 
bumping up against a deadline and fearing that Government is going to 
shut down and cause a disruption in the lives of so many families in 
our country.
  We wanted to do it right now. As Senator McCain said, we are 
intending to put this bill on the supplemental resolution that will be 
coming before Congress probably by the end of this month. We want to do 
it now before the heat of battle so that we will know that this is not 
going to be a tool used by either side.
  Some people have said, ``Does this cut for Republicans or does it cut 
for Democrats?'' It cuts for the American people. It might go either 
way. It might hurt Republicans, it might hurt Democrats, but who will 
not get hurt if we pass this are the people of America, and that is who 
we are here to represent.
  I want to talk for a minute about the 98 percent that we are going to 
fund in the continuing resolution. People may say, ``Well, why not 100 
percent, why not 90 percent?'' We wanted 98 percent because in our 
original budget resolution, when Congress decided to get serious about 
balancing the budget of this country, we set a trajectory starting at 
fiscal year 1995, actually and going to the year 2002 that would have a 
cut of about 2 percent each year in the growth rate of spending, 
because we felt that that was a responsible approach.
  Ninety-eight percent is a 2-percent cut in the 1997 budget that we 
are in right now. A 2-percent cut makes sure that we are not going to 
go over our budget projections and hurt our ability to balance the 
budget if, in fact, we go into this continuing resolution. But it also 
funds at 98 percent, which I think is virtually full funding, programs 
that are ongoing and necessary.
  If there is any agency in Government that cannot do with 98 percent 
of its present budget, then I would like to introduce them to the real 
people in America who have had to balance budgets and cut budgets every 
day of their lives. I think 98 percent is certainly

[[Page S3020]]

something that the Government can live with, because we know that 
families and businesses in this country have cut much more than 2 
percent in any fiscal year in their own lives. We think 98 percent 
covers expenses responsibly, but it keeps within our budget projections 
so that we have the ability to slow the rate of growth of spending, and 
so the Congress still has some leeway to make the decisions going into 
the next fiscal year of what actually needs to be cut without running, 
if we did go 2 or 3 months, into having to cut more because we were 
overspending in some areas. So that is how we came up with the number 
of 98 percent.

  Mr. President, I think we are taking a very responsible action today. 
I hope that we will have 100 percent vote in the Senate. I have not 
really talked to anyone who is against this bill, but I think it is 
something if we can agree on in a bipartisan way, we will clearly make 
the people of America sure that we are not going to have some kind of 
disruption in their lives, whether it is their family vacation or 
business travel or going into a museum or a national park they would 
like to go into or, if you are a Federal employee or a veteran, we do 
not want you to worry that your pay or your benefits are going to be 
there.
  This will provide for that smooth transition, and I hope Congress 
will take this responsible action, do this now before we even know what 
the issues are so that the smooth transition is there and we can 
negotiate on the budget in a way that is responsible, that does meet 
the needs of our country, but also makes sure that in the end, we are 
going to continue to march toward the year 2002 with a balanced budget 
for the United States of America.
  I am very pleased to be able to cosponsor with Senator McCain the 
McCain-Hutchison Government Shutdown Prevention Act. We are joined in 
the cosponsorship by Senators Stevens, Nickles, Craig, Ashcroft, our 
majority leader, Senator Lott, and I ask unanimous consent that Senator 
Warner be added as a cosponsor.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mrs. HUTCHISON. Those are the original cosponsors. I hope that we 
have 100 cosponsors by the time this bill comes to the floor. I would 
like for it to go on a voice vote. That may be a pipe dream, but, 
nevertheless, I think it would be responsible Government, and I think 
it would be right for the American people.
  Mr. CRAIG. Mr. President, I rise to join Senators Hutchison of Texas 
and McCain, Chairman Stevens, our majority leader, Senator Lott, and 
others, as an original cosponsor of the Government Shutdown Prevention 
Act.
  Under this bill, if fiscal year 1998 starts before any of the 13 
regular appropriations bills become law, no part of the Government 
would shut down because of the delay.
  Funding would automatically continue at 98 percent of fiscal year 
1997 levels.
  Some of us feel 98 percent is too high. And automatic continuing 
appropriations may not be the perfect way to fund programs.
  But this process would meet two important tests, best described by 
two old, familiar rules of thumb:

       There is an old saying: ``When you find yourself in a hole, 
     stop digging.''
       And we all know the First Rule of Medicine: ``Do no harm.''

  These two rules of thumb explain why we need the Government Shutdown 
Prevention Act.
  This is not a long-term, structural change in the budget process. 
It's not a plan to balance the budget. But it is a very much-needed 
stopgap reform, in case of another budget impasse. Indeed, it may 
prevent such an impasse.
  It will help us work toward a balanced budget, without disrupting the 
lives and work of millions of innocent bystanders, both inside and 
outside the Federal Government.
  The first step toward balancing the budget is, stop digging.
  For 36 of the last 37 years, the government has overspent. Every 
year, no matter what the process, no matter what the negotiations, 
spending goes up.
  Many times--not just last year--liberals have threatened to shut down 
the government if they didn't get their spending hikes.
  This bill says, ``No More!'' to that upward spiral. If there's 
gridlock, at least spending will not go up as a result. It will go 
down, just slightly.
  We also need to remind the budget doctors: Do no harm.
  In the last two Government shutdowns, in Idaho--We had a VA hospital 
wonder if it would have critical medicines on hand from week to week; 
we had small businesses wonder if they should deliver goods that 
Government offices had ordered--and if they would ever get paid; and we 
had Government workers first worry about feeding their families and 
making their house payments, and then outraged that they were ordered 
not to do the jobs they and other taxpayers were paying for.

  This bill says, ``We will not allow these innocent Americans to be 
taken hostage again, by either side in a budget dispute.''
  Keeping the Government open at 98 percent of current spending is a 
responsible, fair, even generous formula. And it is consistent with the 
reasonable fiscal restraint that we have begun, with the last Congress, 
to work for.
  The time to pass this reform is now.
  Once the appropriations process begins in earnest, too many parties 
are going to look at any reform like this in terms of whether they win 
or lose, compared with what's in their appropriations bill, or what 
they might get if their allies threaten another Government shutdown.
  Now is the time we are most likely to see this reform judged on it 
own merits, for what it is: Shutdown prevention, a level playing field, 
legislation for the public good.
  I urge my colleagues to join as cosponsors of this bill, and to 
support every effort to enact this reform into law as quickly as 
possible.
                                 ______
                                 
      By Mr. LUGAR:
  S. 549. A bill to amend the Internal Revenue Code of 1986 to provide 
that certain cash rentals of farmland will not cause recapture of 
special estate tax valuation; to the Committee on Finance.
  S. 550. A bill to amend the Internal Revenue Code of 1986 to increase 
the gift tax exclusion to $25,000; to the Committee on Finance.


                    ESTATE AND GIFT TAX LEGISLATION

  Mr. LUGAR. Mr. President, I introduce two pieces of legislation aimed 
at minimizing the burden of the estate and gift tax on Americans. The 
first would provide Americans with a powerful estate tax planning tool 
by raising the tax-free gift limit to $25,0000 from the current 
$10,000. The second bill would correct a longstanding agricultural 
problem that effectively limits the ability of farmers to rent farmland 
that they have inherited to other family members.
  The Senate Agriculture Committee held hearings at the end of February 
to study the impact of estate and gift taxes on farmers. As a farmer 
and chairman of the Agriculture Committee, I understand the far-
reaching effect that the inheritance tax has on rural America. 
Testimony revealed that farmers are six times more likely to pay estate 
taxes than other Americans due to the capital-intensive nature of the 
farm business. Commercial farms, those core farms that produce 85 
percent of the Nation's agricultural products, may be 15 times more 
likely to pay inheritance taxes than other individuals. As the average 
age of farmers approaches 60 years, a quarter of all farmers could 
confront the inheritance tax over the next 20 years.
  I have already introduced three comprehensive bills on this subject--
the first bill would eliminate the inheritance tax entirely; the second 
phases it out gradually; and the third raises the unified credit 
exemption to $5 million from the current $600,000 level. By raising the 
level of exempted property to this amount, the Federal Government would 
relieve 96 percent of the Americans who currently file estate tax 
returns from this burden.
  Although repeal of this tax ultimately is the best course of action, 
I understand that sufficient momentum may not exist to achieve this 
end. In the mean time, Congress should provide Americans with estate 
planning alternatives that help facilitate the passing of their estates 
to the next generation. These two bills further this goal.
  The first bill would simply raise the yearly nontaxable gift amount 
from the current $10,000 to $25,000. Congress

[[Page S3021]]

unified the estate and gift titles of the Tax Code in 1976, subjecting 
a decedent's lifetime taxable gifts and taxable estate to one rate 
structure. Under current law, the first $10,000 of gifts made by a 
donor during a calendar year to any individual are not included in the 
donor's taxable gift amount for that year. Nor does this $10,000 gift 
lower the decedent's unified credit exemption, which allows each 
individual to pass on $600,000 of assets without incurring estate and 
gift taxes. Over the years, inflation has eroded this $10,000 amount, 
which has not been increased since 1982. Under my proposal, individuals 
could give $25,000 each year without estate and gift tax consequence. 
Through the current practice known as ``gift splitting,'' a couple 
could give up to $50,000 tax free each year. Raising the gift exemption 
amount would be a positive first step for Congress to take in helping 
with the transfer of family businesses and farms to the next 
generation.
  My second bill would correct a longstanding agricultural problem in 
the Tax Code that disqualifies farm heirs from receiving special use 
valuation for estate tax purposes because they cash leased the farm 
property to another member of the family. Section 2032A of the Tax Code 
provides heirs the option of valuing qualified farm property at its 
current use rather than valuing the property at its highest and most 
developed use. If the heir who inherited the property ceases to use it 
in its qualified use within 10 years, an additional recapture tax is 
imposed to regain the benefit of the special use valuation. Some tax 
courts have held that the cash leasing of the property to members of 
the decedent's family is not a qualified use, thus triggering the 
recapture tax provision. Congress partially fixed this problem in 1988 
in regard to spouses, but other qualified heirs remain unable to cash 
lease the property to members of the family. My legislation would 
correct this wrinkle in the law by allowing qualified heirs to cash 
lease the inherited special use property to members of the decedent's 
family or members of the spouse's family without triggering the 
recapture tax. This bill is retroactive to December 31, 1976, when 
section 2032A was enacted into law.
  Congress intended to grant family businesses and farms some level of 
protection from the estate and gift tax through section 2032A, and 
farmers have relied on this provision for estate planning purposes over 
the years. During the Senate Agriculture hearings on estate taxes, the 
U.S. Department of Agriculture testified that the special use valuation 
reduced the number of taxable estates and the total Federal estate and 
gift taxes for all farm estates by about one-third. The American 
Farmland Trust gave witness to the fact that more than half of farm 
production in the United States occurs in counties that are 
metropolitan or adjacent to metropolitan areas. Without special use 
valuation for estate tax purposes, much of our Nation's agricultural 
land would be valued as strip malls or housing developments, rather 
than as farmland. Lessening the gross estate through section 2032A 
allows the next generation of farmers to maintain this land in 
agricultural production and helps slow urban sprawl. My legislation 
would make this good provision better.
  Mr. President, I am hopeful that my Senate colleagues will join me in 
supporting these two estate and gift tax initiatives that provide 
Americans with means for protecting their lifetime of savings and hard 
work. I ask unanimous consent that both bills be printed in the Record.
  There being no objection, the bills were ordered to be printed in the 
Record, as follows:

                                 S. 549

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. CERTAIN CASH RENTALS OF FARMLAND NOT TO CAUSE 
                   RECAPTURE OF SPECIAL ESTATE TAX VALUATIONS.

       (a) In General.--Subsection (c) of section 2032A of the 
     Internal Revenue Code of 1986 (relating to tax treatment of 
     dispositions and failures to use for qualified use) is 
     amended by adding at the end the following new paragraph:
       ``(8) Certain cash rental not to cause recapture.--For 
     purposes of this subsection, a qualified heir shall not be 
     treated as failing to use property in a qualified use solely 
     because such heir rents such property on a net cash basis to 
     a member of the decedent's family or a member of the 
     decedent's spouse's family, but only if, during the period of 
     the lease, such member uses such property in a qualified 
     use.''
       (b) Conforming Amendment.--Section 2032A(b)(5)(A) of such 
     Code is amended by striking the last sentence.
       (c) Effective Date; Waiver.--
       (1) Effective date.--The amendments made by this section 
     shall apply with respect to rentals occurring after December 
     31, 1976.
       (2) Waiver of statute of limitation.--If on the date of 
     enactment of this Act (or at any time within 1 year after 
     such date of enactment) refund or credit of any overpayment 
     of tax resulting from the application of the amendments made 
     by this section is barred by any law or rule of law, refund 
     or credit of such overpayment shall, nevertheless, be made or 
     allowed if claim therefor is filed before the date 1 year 
     after the date of enactment of this Act.
                                                                    ____


                                 S. 550

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. INCREASE IN GIFT TAX EXCLUSION

       (a) In General.--Section 2503(b) of the Internal Revenue 
     Code of 1986 (relating to exclusions from gifts) is amended 
     by striking ``$10,000'' and inserting ``$25,000''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to gifts made after December 31, 1997.
                                 ______
                                 
      By Mr. GREGG:
  S. 551. A bill to amend the Occupational Safety and Health Act of 
1970 to make modifications to certain provisions; to the Committee on 
Labor and Human Resources.


                       THE OSHA MODERNIZATION ACT

  Mr. GREGG. Mr. President, I rise in introducing the Occupational 
Safety and Health Modernization Act. Let me say at the outset that in 
proposing and considering OSHA reform, worker safety was my first 
concern. I am firmly committed to ensuring a safe and healthy workplace 
and will not support legislation which puts that in jeopardy. I believe 
in this bill that I have accomplished a true modernization of OSHA 
without compromising the safety of our workers in any way.
  Throughout my career in public office, I have worked to make 
government more efficient and more user and consumer friendly. Federal 
Government agencies have grown so large and become so bureaucratic that 
they are often not providing the kinds of personal services and proper 
oversight that was originally intended when they were created. Too 
often Government carries a heavy stick, but no carrot, when it 
interacts with individual citizens and businesses throughout our 
country.
  I believe that it is high time we take a close look at how we can 
improve the way government works and, at the same time, provide 
incentives for the private sector to act more responsibly. Americans 
will be better served in a climate where people in government, and in 
business, can work together to solve problems in a spirit of 
cooperation, rather than in an atmosphere strictly of threats, 
intimidation, and punitive measures.
  When OSHA was enacted, its intended purpose was to make the workplace 
free from ``recognized hazards that are causing, or likely to cause 
death or serious physical harm to * * * employees.'' As is the case 
with many programs established by Congress over the years, OSHA has 
developed a well-earned reputation for over-regulation. OSHA has moved 
from its original purpose of protecting workers to hindering businesses 
with excessive mandates.
  While I feel that much of the problem within OSHA is of a cultural 
nature, the bill we are introducing today will concentrate on relieving 
OSHA's oppressive and burdensome regulations, thereby removing a 
feeling among American employers and employees that OSHA is the ``bad 
cop.'' My legislation puts in place partnerships for assuring safety 
and health in the workplace.
  This balanced approach will include a consultation program, voluntary 
compliance and third party certification, employee involvement, 
warnings in lieu of citations for nonserious violations, and reduced 
penalties for nonserious violations. This legislation will use 
incentives, rather than penalties, to enhance workplace safety. It will 
allow companies with clean safety records to implement their own health 
and safety programs.
  Mr. President, I ask unanimous consent that the bill be printed in 
the Record.

[[Page S3022]]

  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 551

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; REFERENCE.

       (a) Short Title.--This Act may be cited as the ``OSHA 
     Modernization Act of 1997''.
       (b) Reference.--Whenever in this Act an amendment or repeal 
     is expressed in terms of an amendment to, or repeal of, a 
     section or other provision, the reference shall be considered 
     to be made to a section or other provision of the 
     Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et 
     seq.).

     SEC. 2. EMPLOYEE PARTICIPATION.

       Section 4 (29 U.S.C. 653) is amended by adding at the end 
     the following:
       ``(c) In order to carry out the purpose of this Act to 
     encourage employers and employees in their efforts to reduce 
     the number of occupational safety and health hazards, an 
     employee participation program--
       ``(1) in which employees participate;
       ``(2) which exists for the purpose, in whole or in part, of 
     dealing with employees concerning safe and healthful working 
     conditions; and
       ``(3) which does not have, claim, or seek authority to 
     negotiate or enter into collective bargaining agreements with 
     the employer or to amend existing collective bargaining 
     agreements between the employer and any labor organization,

     shall not constitute a labor organization for purposes of 
     section 8(a)(2) of the National Labor Relations Act (29 
     U.S.C. 158(a)(2)) or a representative for purposes of 
     sections 1 and 2 of the Railway Labor Act (45 U.S.C. 151 and 
     151a). Nothing in this section shall be construed to affect 
     employer obligations under section 8(a)(5) of the National 
     Labor Relations Act (29 U.S.C. 158(a)(5)) to deal with a 
     certified or recognized employee representative with respect 
     to health and safety matters to the extent otherwise required 
     by law.''.

     SEC. 3. INSPECTIONS.

       (a) Training and Authority of Secretary.--Section 8 (29 
     U.S.C. 657) is amended--
       (1) by redesignating subsection (g) as subsection (h); and
       (2) by inserting after subsection (f) the following:
       ``(g)(1) Except as provided in paragraph (2), the Secretary 
     shall not conduct routine inspections of, or enforce any 
     standard, rule, regulation, or order under this Act with 
     respect to--
       ``(A) any person who is engaged in a farming operation that 
     does not maintain a temporary labor camp and that employs 10 
     or fewer employees; or
       ``(B) any employer of not more than 10 employees if the 
     employer is included within a category of employers having an 
     occupational injury or a lost workday case rate (determined 
     under the Standard Industrial Classification Code for which 
     such data are published) that is less than the national 
     average rate as most recently published by the Secretary 
     acting through the Bureau of Labor Statistics under section 
     24.
       ``(2) In the case of persons who are not engaged in farming 
     operations, paragraph (1) shall not be construed to prohibit 
     the Secretary from--
       ``(A) providing consultations, technical assistance, and 
     educational and training services and conducting surveys and 
     studies under this Act;
       ``(B) conducting inspections or investigations in response 
     to complaints of employees, issuing citations for violations 
     of this Act found during the inspections, and assessing a 
     penalty for the violations that are not corrected within a 
     reasonable abatement period;
       ``(C) taking any action authorized by this Act with respect 
     to imminent dangers;
       ``(D) taking any action authorized by this Act with respect 
     to a report of an employment accident that is fatal to at 
     least 1 employee or that results in the hospitalization of at 
     least 3 employees, and taking any action pursuant to an 
     investigation conducted with respect to the report; and
       ``(E) taking any action authorized by this Act with respect 
     to complaints of discrimination against employees for 
     exercising the rights of the employees under this Act.''.
       (b) Inspections Based on Employee Complaints.--Section 8(f) 
     (29 U.S.C. 657(f)) is amended to read as follows:
       ``(f)(1)(A) An employee or a representative of an employee 
     who believes that a violation of a safety or health standard 
     exists that threatens physical harm, or that an imminent 
     danger exists, may request an inspection by providing notice 
     of the violation or danger to the Secretary or an authorized 
     representative of the Secretary.
       ``(B) The notice under subparagraph (A) shall be reduced to 
     writing, shall set forth with reasonable particularity the 
     grounds for the notice, and shall state whether the alleged 
     violation or danger described in subparagraph (A) has been 
     brought to the attention of the employer and if so, whether 
     the employer has refused to take any action to correct the 
     alleged violation or danger.
       ``(C)(i) The notice under subparagraph (A) shall be signed 
     by the employee or the representative of the employee and a 
     copy shall be provided to the employer or the agent of the 
     employer not later than the time of arrival of an 
     occupational safety and health agency inspector to conduct 
     the inspection.
       ``(ii) Upon the request of the person providing the notice 
     under subparagraph (A), the name of the person and the names 
     of individual employees referred to in the notice shall not 
     appear in the copy of the notice or on any record published, 
     released, or made available pursuant to subsection (i).
       ``(D)(i) If, upon receipt of the notice under subparagraph 
     (A), the Secretary determines that there are reasonable 
     grounds to believe the violation or danger described in 
     subparagraph (A) exists, the Secretary may conduct an 
     inspection in accordance with this subsection as soon as 
     practicable. Except as provided in clause (ii), the 
     inspection shall be conducted for the limited purpose of 
     determining whether the violation or danger exists.
       ``(ii) During an inspection described in clause (i), the 
     Secretary may take appropriate actions with respect to health 
     and safety violations that are not within the scope of the 
     inspection and that are observed by the Secretary or an 
     authorized representative of the Secretary during the 
     inspection.
       ``(2) If the Secretary determines either before, or as a 
     result of, an inspection conducted under this subsection that 
     there are not reasonable grounds to believe a violation or 
     danger described in paragraph (1)(A) exists, the Secretary 
     shall notify the complaining employee or employee 
     representative of the determination and, upon request by the 
     employee or employee representative, shall provide a written 
     statement of the reasons for the determination of the 
     Secretary.
       ``(3) The Secretary or an authorized representative of the 
     Secretary may, as a method of investigating an alleged 
     violation or danger under this subsection, attempt, if 
     feasible, to contact an employer by telephone, facsimile, or 
     other appropriate methods to determine whether--
       ``(A) the employer has taken corrective actions with 
     respect to the alleged violation or danger; or
       ``(B) there are reasonable grounds to believe that a hazard 
     exists.
       ``(4) The Secretary is not required to conduct an 
     inspection under this subsection if the Secretary determines 
     that a request for an inspection was made for reasons other 
     than the safety and health of the employees of an employer or 
     that the employees of an employer are not at risk.''.

     SEC. 4. WORKSITE-BASED INITIATIVES.

       (a) Program.--The Act (29 U.S.C. 651 et seq.) is amended by 
     inserting after section 8 the following:

     ``SEC. 8A. HEALTH AND SAFETY MODERNIZATION INITIATIVES.

       ``(a) In General.--The Secretary shall establish a program 
     to encourage voluntary employer and employee efforts to 
     provide safe and healthful working conditions.
       ``(b) Exemption.--In establishing a program under 
     subsection (a), the Secretary shall, in accordance with 
     subsection (c), provide an exemption from all safety and 
     health inspections and investigations for a place of 
     employment maintained by an employer participating in the 
     program, except that this subsection shall not apply to 
     inspections and investigations conducted for the purpose of--
       ``(1) determining the cause of a workplace accident that 
     resulted in the death of 1 or more employees or the 
     hospitalization of 3 or more employees; or
       ``(2) responding to a request for an inspection pursuant to 
     section 8(f)(1).
       ``(c) Exemption Requirements.--To qualify for an exemption 
     under subsection (b), an employer shall provide to the 
     Secretary evidence that, with respect to the employer--
       ``(1) during the preceding year, the place of employment or 
     conditions of employment have been reviewed or inspected 
     under--
       ``(A) a consultation program provided by recipients of 
     grants under section 7(c)(1) or 23(g);
       ``(B) a certification or consultation program provided by 
     an insurance carrier or other private business entity 
     pursuant to a State program, law, or regulation; or
       ``(C) a workplace consultation program provided by a 
     qualified person certified by the Secretary, for purposes of 
     providing workplace consultations,

     that includes a means of ensuring that serious hazards 
     identified in a consultation are corrected within an 
     appropriate time and that, where applicable, permits an 
     employee (of the employer) who is a representative of a 
     health and safety employee participation program to accompany 
     a consultant during a workplace inspection; or
       ``(2) the place of employment has an exemplary safety and 
     health record and the employer maintains a safety and health 
     program for the workplace that includes--
       ``(A) procedures for assessing hazards to the employees of 
     the employer that are inherent to the operations or business 
     of the employer;
       ``(B) procedures for correcting or controlling the hazards 
     in a timely manner based upon the severity of the hazards; 
     and
       ``(C) an employee participation program that, at a 
     minimum--
       ``(i) includes regular consultation between the employer 
     and the nonsupervisory employees of the employer regarding 
     safety and health issues;
       ``(ii) includes the opportunity for the nonsupervisory 
     employees of the employer to make recommendations regarding 
     hazards in the workplace and to receive responses or to 
     implement improvements in response to the recommendations; 
     and
       ``(iii) ensures that the participating nonsupervisory 
     employees of the employer have

[[Page S3023]]

     training or expertise on safety and health issues consistent 
     with the responsibilities of the employees.

     ``A person that conducts a review or inspection under 
     paragraph (1)(B) shall meet standards established by the 
     Secretary and shall be certified by the Secretary.
       ``(d) Model Program.--The Secretary shall publish and make 
     available to employers a model safety and health program that 
     if completed by the employer shall be considered to meet the 
     requirements for an exemption under this section.
       ``(e) Certification.--The Secretary may require that, to 
     claim the exemption under subsection (b), an employer 
     provides certification to the Secretary and notice to the 
     employees of the employer of the eligibility of the employer 
     for the exemption. The Secretary may conduct random audits of 
     the records of employers to ensure against falsification of 
     the records by the employers.
       ``(f) Records.--Records of a safety and health inspection, 
     audit, or review that is conducted by an employer and that is 
     not conducted under a program described in subsection (a) 
     shall not be required to be disclosed to the Secretary 
     unless--
       ``(1) the Secretary is conducting an investigation 
     involving a fatality or a serious injury of an employee of 
     the employer; or
       ``(2) the employer has not taken measures to address 
     serious hazards in the workplace of the employer identified 
     during the inspection, audit, or review.''.
       (b) Definition.--Section 3 (29 U.S.C. 652) is amended by 
     adding at the end the following:
       ``(15) The term `exemplary safety and health record' means 
     a record that the Secretary shall establish annually for each 
     industry that identifies the employers in the industry that 
     provide safe and healthful working conditions for the 
     employees of the employers. The record shall include 
     employers that have had, in the most recent reporting period, 
     no employee death caused by occupational injury and fewer 
     lost workdays due to occupational injury and illness than the 
     average for the industry of which the employer is a part.''.

     SEC. 5. EMPLOYER DEFENSES.

       Section 9 (29 U.S.C. 658) is amended by adding at the end 
     the following:
       ``(d) No citation may be issued under subsection (a) to an 
     employer unless the employer knew, or with the exercise of 
     reasonable diligence, would have known, of the presence of an 
     alleged violation. No citation shall be issued under 
     subsection (a) to an employer for an alleged violation of 
     section 5, any standard, rule, or order promulgated pursuant 
     to section 6, any other regulation promulgated under this 
     Act, or any other occupational safety and health standard, if 
     the employer demonstrates that--
       ``(1) the employees of the employer have been provided with 
     the proper training and equipment to prevent such a 
     violation;
       ``(2) work rules designed to prevent such a violation have 
     been established and adequately communicated to the employees 
     by the employer and the employer has taken reasonable 
     measures to discipline employees when violations of the work 
     rules have been discovered;
       ``(3) the failure of employees to observe work rules led to 
     the violation; and
       ``(4) reasonable measures have been taken by the employer 
     to discover any such violation.
       ``(e) A citation issued under subsection (a) to an employer 
     who violates the requirements of section 5, of any standard, 
     rule, or order promulgated pursuant to section 6, or any 
     other regulation promulgated under this Act shall be vacated 
     if the employer demonstrates that employees of the employer 
     were protected by alternative methods that were equally or 
     more protective of the safety and health of the employees 
     than the methods required by the standard, rule, order, or 
     regulation in the factual circumstances underlying the 
     citation.
       ``(f) Subsections (d) and (e) shall not be construed to 
     eliminate or modify other defenses that may exist to any 
     citation.''.

     SEC. 6. INSPECTION QUOTAS.

       Section 9 (29 U.S.C. 658), as amended by section 5, is 
     further amended by adding at the end the following:
       ``(g) The Secretary shall not establish any quota for any 
     subordinate within the Occupational Safety and Health 
     Administration (including any regional director, area 
     director, supervisor, or inspector) with respect to the 
     number of inspections conducted, citations issued, or 
     penalties collected.''.

     SEC. 7. WARNINGS IN LIEU OF CITATIONS.

       Subsection (a) of section 9 (29 U.S.C. 658(a)) is amended 
     to read as follows:
       ``(a)(1) Except as provided in paragraph (2), if, upon an 
     inspection or investigation, the Secretary or an authorized 
     representative of the Secretary believes that an employer has 
     violated a requirement of section 5, of any regulation, rule, 
     or order promulgated pursuant to section 6, or of any 
     regulations prescribed pursuant to this Act, the Secretary 
     may with reasonable promptness issue a citation to the 
     employer. Each citation shall be in writing and shall 
     describe with particularity the nature of an violation, 
     including a reference to the provision of the Act, 
     regulation, rule, or order alleged to have been violated. The 
     citation shall fix a reasonable time for the abatement of the 
     violation.
       ``(2) The Secretary or the authorized representative of the 
     Secretary--
       ``(A) may issue a warning in lieu of a citation with 
     respect to a violation that has no significant relationship 
     to employee safety or health; and
       ``(B) may issue a warning in lieu of a citation in cases in 
     which an employer in good faith acts promptly to abate a 
     violation if the violation is not a willful or repeated 
     violation.
       ``(3) Nothing in this Act shall be construed as prohibiting 
     the Secretary or the authorized representative of the 
     Secretary from providing technical or compliance assistance 
     to an employer in correcting a violation discovered during an 
     inspection or investigation under this Act without issuing a 
     citation.''.

     SEC. 8. REDUCED PENALTIES FOR NONSERIOUS VIOLATIONS AND 
                   MITIGATING CIRCUMSTANCES.

       Section 17 (29 U.S.C. 666) is amended--
       (1) in subsection (c), by striking ``up to $7,000'' and 
     inserting ``not more than $100'';
       (2) by striking subsection (i) and inserting the following:
       ``(i) Any employer who violates any of the posting or 
     paperwork requirements, other than serious or fraudulent 
     reporting requirement deficiencies, prescribed under this Act 
     shall not be assessed a civil penalty for such a violation 
     unless the Secretary determines that the employer has 
     violated subsection (a) or (d) with respect to the posting or 
     paperwork requirements.''; and
       (3) by striking subsection (j) and inserting the following:
       ``(j)(1) The Commission shall have authority to assess all 
     civil penalties under this section. In assessing a penalty 
     under this section for a violation, the Commission shall give 
     due consideration to the appropriateness of the penalty with 
     respect to--
       ``(A) the size of an employer;
       ``(B) the number of employees exposed to the violation;
       ``(C) the likely severity of any injuries directly 
     resulting from the violation;
       ``(D) the probability that the violation could result in 
     injury or illness;
       ``(E) the good faith of the employer in correcting the 
     violation after the violation has been identified;
       ``(F) the extent to which employee misconduct was 
     responsible for the violation;
       ``(G) the effect of the penalty on the ability of an 
     employer to stay in business;
       ``(H) the history of previous violations by an employer; 
     and
       ``(I) whether the violation is the sole result of the 
     failure of an employer to meet a requirement under this Act, 
     or prescribed by regulation, with respect to the posting of 
     notices, the preparation or maintenance of occupational 
     safety and health records, or the preparation, maintenance, 
     or submission of any written information.
       ``(2)(A) A penalty assessed under this section shall be 
     reduced by not less than 25 percent in any case in which the 
     employer--
       ``(i) maintains a safety and health program described in 
     section 8A(a) for the worksite where the violation, for which 
     the penalty was assessed, occurred; or
       ``(ii) demonstrates that the worksite where the violation, 
     for which the penalty was assessed, occurred has an exemplary 
     safety and health record.
     If the employer maintains a program described in clause (i) 
     and has the record described in clause (ii), the penalty 
     shall be reduced by not less than 50 percent.
       ``(B) A penalty assessed against an employer for a 
     violation other than a violation that--
       ``(i) has been previously cited by the Secretary;
       ``(ii) creates an imminent danger;
       ``(iii) has caused death; or
       ``(iv) has caused a serious incident,

     shall be reduced by not less than 75 percent if the worksite 
     where the violation occurred has been reviewed or inspected 
     under a program described in section 8A(c)(1) during the 1-
     year period before the date of the citation for the 
     violation, and the employer has complied with recommendations 
     by the Secretary to bring the employer into compliance within 
     a reasonable period of time.''.

     SEC. 9. CONSULTATION SERVICES.

       Section 21(c) (29 U.S.C. 670(c)) is amended--
       (1) by striking ``(c) The'' and inserting ``(c)(1) The''; 
     and
       (2) by adding at the end the following:
       ``(2)(A) The Secretary shall, through the authority granted 
     under section 7(c) and paragraph (1), enter into cooperative 
     agreements with States for the provision of consultation 
     services by such States to employers concerning the provision 
     of safe and healthful working conditions. A State that has a 
     plan approved under section 18 shall be eligible to enter 
     into a cooperative agreement under this paragraph only if the 
     plan does not include provisions for federally funded 
     consultation to employers.
       ``(B)(i) Except as provided in clause (ii), the Secretary 
     shall reimburse a State that enters into a cooperative 
     agreement under subparagraph (A) in an amount that equals 90 
     percent of the costs incurred by the State for the provision 
     of consultation services under such agreement.
       ``(ii) A State shall be fully reimbursed by the Secretary 
     for--
       ``(I) training approved by the Secretary for State staff 
     operating under a cooperative agreement; and
       ``(II) specified out-of-State travel expenses incurred by 
     the staff.
       ``(iii) A reimbursement paid to a State under this 
     subparagraph shall be limited to costs incurred by such State 
     for the provision of consultation services under this 
     paragraph and the costs described in clause (ii).

[[Page S3024]]

       ``(C) Notwithstanding any other provision of law, not less 
     than 15 percent of the total amount of funds appropriated for 
     the Occupational Safety and Health Administration for a 
     fiscal year shall be used for education, consultation, and 
     outreach efforts.''.

     SEC. 10. VOLUNTARY PROTECTION PROGRAMS.

       (a) Cooperative Agreements.--The Secretary of Labor shall 
     establish cooperative agreements with employers to encourage 
     the establishment of comprehensive safety and health 
     management systems that include--
       (1) requirements for systematic assessment of hazards in 
     the workplace;
       (2) comprehensive hazard prevention, mitigation, and 
     control programs;
       (3) active and meaningful management and employee 
     participation in the voluntary program described in 
     subsection (b); and
       (4) employee safety and health training.
       (b) Voluntary Protection Program.--The Secretary of Labor 
     shall establish a voluntary protection program to encourage 
     the achievement of excellence in both the technical and 
     managerial protection of employees from occupational hazards 
     as follows:
       (1) Application.--Volunteers for the program shall be 
     required to submit an application to the Secretary of Labor 
     demonstrating that the worksite with respect to which the 
     application is made meets such qualifications as the 
     Secretary of Labor may prescribe for participation in the 
     program.
       (2) Onsite evaluations.--The representatives of the 
     Secretary of Labor shall conduct onsite evaluations of the 
     worksite of the participants in the program to ensure a high 
     level of protection of employees of the participants. The 
     onsite evaluations shall not result in enforcement citations 
     under the Occupational Safety and Health Act of 1970 (29 
     U.S.C. 651 et seq.), unless representatives of the Secretary 
     of Labor observe hazards for which no agreement can be made 
     to abate the hazards within a reasonable time period.
       (3) Information.--Volunteers who are approved by the 
     Secretary of Labor for participation in the program shall 
     assure the Secretary of Labor that information about the 
     safety and health program of the volunteers shall be made 
     readily available to the Secretary of Labor to share with 
     employers.
       (4) Reevaluations.--Periodic reevaluations by the Secretary 
     of Labor of the volunteers shall be required for continued 
     participation in the program.
       (5) Exemptions.--A site with respect to which a program has 
     been approved shall, during participation of a volunteer in 
     the program, be exempt from inspections and certain paperwork 
     requirements to be determined by the Secretary of Labor, 
     except that this paragraph shall not apply to inspections 
     arising from employee complaints, fatalities, catastrophes, 
     or significant toxic releases.
       (c) Annual Fee.--The Secretary of Labor may charge an 
     annual fee to participants in a voluntary protection program 
     described in subsection (b). The fee shall be in an amount 
     determined by the Secretary of Labor, and amounts collected 
     shall be deposited in the general treasury of the United 
     States.
                                 ______
                                 
      By Mr. GREGG (for himself, Mr. Leahy, Mr. Jeffords, Ms. Collins, 
        Ms. Snowe and Mr. Smith of New Hampshire):

  S. 552. A bill to amend the Internal Revenue Code of 1986 to preserve 
family held forest lands, and for other purposes; to the Committee on 
Finance.


           THE FAMILY FORESTLAND PRESERVATION TAX ACT OF 1997

  Mr. GREGG. Mr. President, I introduce the Family Forestland 
Preservation Tax Act of 1997 on behalf of myself, Mr. Leahy, Mr. 
Jeffords, Mr. D'Amato, Ms. Collins, Ms. Snowe, and Mr. Smith of New 
Hampshire. This bill amends several key tax provisions to help 
landowners keep their lands in long-term private forest ownership and 
management. Without these changes, many landowners will continue to be 
forced to sell or change the use of their land.
  This bill derives from four years of work by the Northern Forest 
Lands Council [NFLC]. The NFLC was created in 1990 to seek ways for 
Maine, New Hampshire, Vermont, and New York to maintain the traditional 
patterns of land ownership and use in the forest that covers this 
Nation's Northeast. The Northern Forest is a 26-million-acre stretch of 
land, home to 1 million residents and within a 2-hour drive of 70 
million people. Nearly 85 percent of the forest is privately owned. 
Times have changed, however, and social and economic forces have begun 
to affect the traditional patterns of land use with more and more land 
being marketed for development.
  This bill will help maintain traditional patterns and, thus, preserve 
the forest by adjusting several estate tax provisions. This bill would 
allow heirs to make postmortem donations of conservation easements on 
undeveloped estate land and allow the valuation of undeveloped land at 
current use value for estate tax purposes if the owner or heir agrees 
to maintain the land in its current use for a period of 25 years. This 
bill also would establish a partial inflation adjustment for timber 
sales by allowing a tax credit not to exceed 50 percent. This will 
encourage landowners to maintain their timberland for long-term 
stewardship, which is both economically and environmentally desirable. 
Also, the bill would eliminate the requirement that landowners 
generally must work 100-hours-per-year in forest management on their 
forest properties to be allowed to deduct normal management expenses 
from timber activities against nonpassive income. Currently, landowners 
are required to capitalize these losses until timber is harvested. This 
legislation, though prompted by the NFLC's work, will benefit not only 
the four states that make up the Northern Forest, but also all States 
with forest land and all who enjoy the multiple uses of forest land. I 
urge my colleagues to support this bill, which will not only protect 
the historic current use patterns, but also allow the rustic beauty of 
our forests to be enjoyed by all.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 552

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE.

       (a) Short Title.--This Act may be cited as the ``Family 
     Forestland Preservation Tax Act of 1997''.
       (b) Amendment of 1986 Code.--Except as otherwise expressly 
     provided, whenever in this Act an amendment or repeal is 
     expressed in terms of an amendment to, or repeal of, a 
     section or other provision, the reference shall be considered 
     to be made to a section or other provision of the Internal 
     Revenue Code of 1986.
                     TITLE I--ESTATE TAX PROVISIONS

     SEC. 101. ESTATE TAX TREATMENT OF QUALIFIED CONSERVATION 
                   EASEMENT.

       (a) In General.--Section 2031 (relating to the definition 
     of gross estate) is amended by redesignating subsection (c) 
     as subsection (d) and by inserting after subsection (b) the 
     following new subsection:
       ``(c) Exclusion of Conservation Easement.--
       ``(1) In general.--If an executor elects the application of 
     this subsection, with respect to any real property included 
     in the gross estate, there shall be excluded from the gross 
     estate the value of a qualified conservation contribution (as 
     defined in section 170(h)(1)) of a qualified real property 
     interest described in section 170(h)(2)(C) in such real 
     property made by the decedent or a member of the decedent's 
     family within 9 months after the date of the decedent's 
     death.
       ``(2) Certain contributions not included.--For purposes of 
     paragraph (1), section 170(h)(4)(A) shall be applied without 
     regard to clause (iv) thereof in determining whether there is 
     a qualified conservation contribution.
       ``(3) Family member.--For purposes of paragraph (1), the 
     term `member of the decedent's family' has the same meaning 
     given such term by section 2032A(e)(2).
       ``(4) Election.--An election under paragraph (1) shall be 
     made on the return of tax imposed by section 2001. Such an 
     election, once made, shall be irrevocable.''
       (b) Carryover Basis.--Section 1014(a) (relating to basis of 
     property acquired from a decedent) is amended by striking the 
     period at the end of paragraph (3) and inserting ``, or'', 
     and by inserting at the end the following new paragraph:
       ``(4) in the case of property subject to a qualified 
     conservation easement excluded from the gross estate of the 
     decedent under section 2031(c), the basis of the property in 
     the hands of the decedent.''
       (c) Effective Date.--The amendments made by this section 
     shall apply to estates of decedents dying after December 31, 
     1997, which include land subject to qualified conservation 
     easements granted after December 31, 1997.

     SEC. 102. SPECIAL ESTATE TAX VALUATION OF FOREST LANDS.

       (a) In General.--Part III of subchapter A of chapter 11 
     (relating to gross estate) is amended by inserting after 
     section 2032A the following new section:

     ``SEC. 2032B. VALUATION OF CERTAIN FORESTLAND.

       ``(a) Value Based on Use of Property as Forestland.--
       ``(1) General rule.--If--
       ``(A) the decedent was (at the time of his death) a citizen 
     or resident of the United States, and
       ``(B) the executor elects the application of this section 
     and files the agreement referred to in subsection (d)(2),
     then, for purposes of this chapter, the value of qualified 
     forestland shall be its value for use as a timber operation, 
     under subsection (b), as qualified forestland.
       ``(2) Limitation on aggregate reduction in fair market 
     value.--The aggregate decrease in the value of qualified 
     forestland

[[Page S3025]]

     taken into account for purposes of this chapter which results 
     from the application of paragraph (1) with respect to any 
     decedent shall not exceed $1,000,000.
       ``(b) Qualified Forestland.--
       ``(1) In general.--For purposes of this section, the term 
     `qualified forestland' means real property located in the 
     United States which was acquired from or passed from the 
     decedent to a qualified devisee or qualified heir and which, 
     on the date of the decedent's death, was being used for a 
     qualified forest use by the decedent or a member of the 
     decedent's family, but only if--
       ``(A) 25 percent or more of the adjusted value of the gross 
     estate consists of the adjusted value of real property which 
     meets the requirements of this paragraph,
       ``(B) during the 8-year period ending on the date of the 
     decedent's death there have been periods aggregating 5 years 
     or more during which the real property was used for a 
     qualified forest use, and
       ``(C) such real property is designated in the agreement 
     referred to in subsection (d)(2).
       ``(2) Qualified forest use.--For purposes of this section, 
     the term `qualified forest use' means the devotion of the 
     property to use in timber operations.
       ``(c) Tax Treatment of Dispositions and Failures To Use as 
     Qualified Forest Use.--
       ``(1) Imposition of additional estate tax (recapture).--
       ``(A) In general.--If, within 25 years after the decedent's 
     death and before the death of the qualified devisee or 
     qualified heir--
       ``(i) the qualified devisee or qualified heir disposes of 
     any interest in qualified forestland,
       ``(ii) the qualified devisee or qualified heir ceases to 
     use for the qualified forest use the qualified forestland 
     which was acquired (or passed) from the decedent for an 
     aggregated period of 3 years out of any 8-year period, or
       ``(iii) any depreciable improvements are made to the 
     property, other than those relating to a qualified forest 
     use,
     then there is hereby imposed an additional estate tax.
       ``(B) Exceptions.--Subparagraph (A) shall not apply to--
       ``(i) a testamentary disposition that itself qualifies for 
     special valuation under this section,
       ``(ii) a disposition by a qualified heir to any other 
     person who agrees to continue devoting the heir's interest to 
     a qualified forest use and signs the agreement in subsection 
     (d)(2) (such person shall thereafter be treated as a 
     qualified devisee with respect to such interest),
       ``(iii) a disposition by a qualified devisee to a qualified 
     heir of such devisee who agrees to continue devoting the 
     devisee's interest to a qualified forest use and signs the 
     agreement in subsection (d)(2) (such heir shall thereafter be 
     treated as a qualified devisee with respect to such 
     interest),
       ``(iv) a disposition of timber used in a timber operation; 
     and
       ``(v) a disposition (other than by sale) of a qualified 
     conservation contribution (as defined in section 170(h)).
       ``(2) Amount of additional tax.--The amount of the 
     additional tax imposed by paragraph (1)(A) with respect to 
     any interest shall be the amount equal to the lesser of--
       ``(A) the adjusted tax difference with respect to the 
     estate (within the meaning of section 2032A(c)(2)(C), or
       ``(B) the amount realized from the disposition of the 
     interest.
       ``(3) Only one additional tax imposed with respect to any 
     one portion.--In the case of an interest acquired from (or 
     passing from) any decedent, if a particular clause of 
     paragraph (1)(A) applies to any portion of an interest, no 
     other clause of such paragraph shall apply with respect to 
     the same portion of such interest.
       ``(d) Election; Agreement.--
       ``(1) Election.--The election under this section shall be 
     made on the return of the tax imposed by section 2001. Such 
     election shall be made in such manner as the Secretary shall 
     by regulations prescribe. Such an election, once made, shall 
     be irrevocable.
       ``(2) Agreement.--The agreement referred to in this 
     paragraph is a written agreement signed by each person in 
     being who has an interest (whether or not in possession) in 
     any property designated in such agreement consenting to the 
     application of subsection (c) with respect to such property.
       ``(e) Definitions; Special Rules.--For purposes of this 
     section--
       ``(1) Qualified devisee.--The term `qualified devisee' 
     means, with respect to any property, a person who acquired 
     such property (or to whom such property passed) from the 
     decedent and who is not a qualified heir of the decedent.
       ``(2) Person.--The term `person' means an individual, 
     partnership, corporation, or governmental entity.
       ``(3) Certain real property included.--In the case of real 
     property which meets the requirements of subparagraph (B) of 
     subsection (b)(1), any depreciable improvements, including 
     roads, which are related to the qualified forest use shall be 
     treated as real property devoted to that use.
       ``(4) Qualified forestland.--The term `qualified 
     forestland' means any real property which--
       ``(A) qualifies for a differential use value assessment 
     program for forestland in the State in which the property is 
     located; or
       ``(B) if a State has no differential use value assessment 
     program--
       ``(i) is forestland,
       ``(ii) is a minimum of 10 acres, exclusive of a dwelling 
     unit or other non-forest related structure and its curtilage; 
     and
       ``(iii) is subject to a forest management plan.
       ``(5) Timber operations.--The term `timber operations' 
     means the planting, cultivating, caring for, or harvesting of 
     trees in the process of using and conserving renewable forest 
     resources.
       ``(6) Method of valuing forestland.--The value of 
     forestland shall be determined according to whichever of the 
     following methods results in the least value:
       ``(A) Assessed land values in a State which provides a 
     differential or use value assessment for forestland.
       ``(B) Comparable sales of other forestland in the same 
     geographical area far enough removed from a metropolitan or 
     resort area so that nonforest use is not a significant factor 
     in the sales price.
       ``(C) The capitalization of income which the property can 
     be expected to yield for timber operations over a reasonable 
     period of time under prudent management; using traditional 
     forest management for the area, and taking into account soil 
     capacity, terrain configuration, and similar factors.
       ``(D) Any other factor which fairly values the timber value 
     of the property.
       ``(7) Applicable definitions and rules of section 2032A.--
       ``(A) Definitions.--Except as otherwise provided in this 
     section, any term used in this section which is also used in 
     section 2032A shall have the meaning given such term by 
     section 2032A.
       ``(B) Rules.--The rules in the following provisions of 
     section 2032A shall apply to this section, by substituting 
     `qualified forestland' for `qualified real property' and 
     `qualified forest use' for `qualified use', and shall apply 
     to qualified devisees as well as qualified heirs:
       ``(i) Paragraphs (2)(D) (by substituting `paragraph (2)(B)' 
     for `subparagraph (A)(ii)' in clause (i) thereof), (4), (5), 
     and (7)(A) (by substituting `25 years' for `10 years') of 
     subsection (c).
       ``(ii) Subsection (d)(3).
       ``(iii) Paragraphs (9), (10), (11), and (14) (by 
     substituting `active management' for `material 
     participation') of subsection (e).
       ``(iv) Subsections (f) and (g).
       ``(f) Special Rules for Involuntary Conversions of 
     Qualified Forestland.--
       ``(1) Treatment of converted property.--
       ``(A) In general.--If there is an involuntary conversion of 
     an interest in qualified forestland--
       ``(i) no tax shall be imposed by subsection (c) on such 
     conversion if the cost of the qualified replacement property 
     equals or exceeds the amount realized on such conversion; or
       ``(ii) if clause (i) does not apply, the amount of the tax 
     imposed by subsection (c) on such conversion shall be the 
     amount determined under subparagraph (B).
       ``(B) Amount of tax where there is not complete 
     reinvestment.--The amount determined under this subparagraph 
     with respect to any involuntary conversion is the amount of 
     tax which (but for this subsection) would have been imposed 
     on such conversion reduced by an amount which--
       ``(i) bears the same ratio to such tax, as
       ``(ii) the cost of the qualified replacement property bears 
     to the amount realized on the conversion.
       ``(2) Treatment of replacement property.--For purposes of 
     subsection (c)--
       ``(A) any qualified replacement property shall be treated 
     in the same manner as if it were a portion of the interest in 
     qualified forestland which was involuntarily converted; 
     except that with respect to such qualified replacement 
     property the 25-year period under paragraph (1) of subsection 
     (c) shall be extended by any period, beyond the 2-year period 
     referred to in section 1033(a)(2)(B)(i), during which the 
     qualified devisee or qualified heir was allowed to replace 
     the qualified forestland;
       ``(B) any tax imposed by subsection (c) on the involuntary 
     conversion shall be treated as a tax imposed on a partial 
     disposition, and
       ``(C) subparagraph (A)(ii) of subsection (c)(1) shall be 
     applied by not taking into account periods after the 
     involuntary conversion and before the acquisition of the 
     qualified replacement property.
       ``(3) Definitions and special rules.--For purposes of this 
     subsection--
       ``(A) Involuntary conversion.--The term `involuntary 
     conversion' means a compulsory or involuntary conversion 
     within the meaning of section 1033.
       ``(B) Qualified replacement property.--The term `qualified 
     replacement property' means--
       ``(i) in the case of an involuntary conversion described in 
     section 1033(a)(1), any real property into which the 
     qualified forestland is converted, or
       ``(ii) in the case of an involuntary conversion described 
     in section 1033(a)(2), any real property purchased by the 
     qualified devisee or qualified heir during the period 
     specified in section 1033(a)(2)(B) for purposes of replacing 
     the qualified forestland.

     Such term only includes property which is to be used for the 
     qualified forest use set forth in subsection (b)(2) under 
     which the qualified forestland qualified under subsection 
     (a).
       ``(4) Certain rules made applicable.--The rules of the last 
     sentence of section 1033(a)(2)(A) shall apply for purposes of 
     paragraph (3)(B)(ii).

[[Page S3026]]

       ``(g) Exchanges of Qualified Forestland.--
       ``(1) Treatment of property exchanged.--
       ``(A) Exchanges solely for qualified exchange property.--If 
     an interest in qualified forestland is exchanged solely for 
     an interest in qualified exchange property in a transaction 
     which qualifies under section 1031, no tax shall be imposed 
     by subsection (c) by reason of such exchange.
       ``(B) Exchanges where other property received.--If an 
     interest in qualified forestland is exchanged for an interest 
     in qualified exchange property and other property in a 
     transaction which qualifies under section 1031, the amount of 
     the tax imposed by subsection (c) by reason of such exchange 
     shall be the amount of tax which (but for this subparagraph) 
     would have been imposed on such exchange under subsection 
     (c)(1), reduced by an amount which--
       ``(i) bears the same ratio to such tax, as
       ``(ii) the value of the qualified exchange property bears 
     to the value of the qualified forestland exchanged.
     For purposes of clause (ii) of the preceding sentence, value 
     shall be determined according to subsection (e)(6).
       ``(2) Treatment of qualified exchange property.--For 
     purposes of subsection (c)--
       ``(A) any interest in qualified exchange property shall be 
     treated in the same manner as if it were a portion of the 
     interest in qualified forestland which was exchanged; and
       ``(B) any tax imposed by subsection (c) by reason of the 
     exchange shall be treated as a tax imposed on a partial 
     disposition.
       ``(3) Qualified exchange property.--For purposes of this 
     subsection, the term `qualified exchange property' means real 
     property which is to be used for a qualified forest use set 
     forth in subsection (b)(2) under which the real property 
     exchanged therefor originally qualified under subsection 
     (a).''
       (b) Conforming Amendments.--
       (1) Section 1014(a)(3), as amended by section 101(b), is 
     amended by inserting ``or 2032B'' after ``2032A''.
       (2) Section 1016(c) is amended--
       (A) by inserting ``or 2032B(c)(1)'' after ``2032A(c)(1)'' 
     in paragraphs (1), (3), (4), and (5)(B),
       (B) by inserting ``or qualified devisee'' after ``qualified 
     heir'' in paragraph (1),
       (C) by inserting ``or 2032B(f)(3)(B)'' after 
     ``2032A(h)(3)(B)'' in paragraph (4), and
       (D) by inserting ``or 2032B(g)(3)'' after ``2032A(i)(3)'' 
     in paragraph (4).
       (3) Section 1040 is amended--
       (A) by inserting ``or qualified devisee (within the meaning 
     of section 2032B(e)(1))'' before ``any property'' in 
     subsection (a), and
       (B) by inserting ``or 2032B'' after ``2032A'' in 
     subsections (a) and (b).
       (4) Section 1223(12)(C) is amended by inserting ``or 
     qualified devisee (within the meaning of section 
     2032B(e)(1))'' before ``with respect''.
       (5) Section 2013 is amended--
       (A) by inserting ``or 2032B'' after ``2032A'' each place it 
     appears in subsection (f) and the heading thereof, and
       (B) by inserting ``or 2032B(c)'' after ``2032A(c)'' both 
     places it appears in subsection (f).
       (6) Section 2035(d)(3)(B) is amended by inserting ``or 
     section 2032B (relating to special valuation of certain 
     forestland)'' after ``real property)''.
       (7) Section 2056A(b)(10)(A) is amended by inserting 
     ``2032B,'' after ``2032A,''.
       (8) Section 2624(b) is amended by striking ``sections 2032 
     and 2032A'' and inserting ``sections 2032, 2032A, and 
     2032B''.
       (9) Section 2663(1) is amended by striking ``section 
     2032A(c)'' and inserting ``sections 2032A(c) and 2032B(c)''.
       (10) Section 6324B is amended--
       (A) by striking subsection (a) and inserting the following 
     new subsection:
       ``(a) General Rules.--
       ``(1) Section 2032a.--In the case of any interest in 
     qualified real property (within the meaning of section 
     2032A(b)), an amount equal to the adjusted tax difference 
     attributable to such interest (within the meaning of section 
     2032A(c)(2)(B)) shall be a lien in favor of the United States 
     on property in which such interest exists.
       ``(2) Section 2032b.--In the case of any interest in 
     qualified forestland (within the meaning of section 
     2032B(b)), an amount equal to the adjusted tax difference 
     with respect to the estate (within the meaning of section 
     2032A(c)(2)(C)) shall be a lien in favor of the United States 
     on property in which such interest exists.'',
       (B) by inserting ``or 2032B'' after ``2032A'' both places 
     it appears in subsection (b),
       (C) by inserting ``or 2032B(c)'' after ``2032A(c)'' in 
     subsection (b)(2), and
       (D) by adding at the end of subsection (c) the following 
     new paragraph:
       ``(3) Qualified forestland.--For purposes of this section, 
     the term `qualified forestland' includes qualified 
     replacement property (within the meaning of section 
     2032B(f)(3)(B)) and qualified exchange property (within the 
     meaning of section 2032B(g)(3)).''
       (c) Clerical Amendment.--The table of sections for part III 
     of subchapter A of chapter 11 is amended by adding at the end 
     the following new item:

``Sec. 2032B. Valuation of certain forestland.''

       (d) Effective Date.--The amendment made by this section 
     shall apply to estates of decedents dying after December 31, 
     1997.
                     TITLE II--INCOME TAX TREATMENT

     SEC. 201. PARTIAL INFLATION ADJUSTMENT FOR TIMBER.

       (a) In General.--Part I of subchapter P of chapter 1 
     (relating to treatment of capital gains) is amended by adding 
     at the end the following new section:

     ``SEC. 1203. PARTIAL INFLATION ADJUSTMENT FOR TIMBER.

       ``(a) In General.--At the election of any taxpayer who has 
     qualified timber gain for any taxable year, there shall be 
     allowed as a deduction from gross income an amount equal to 
     the qualified percentage of such gain.
       ``(b) Qualified Timber Gain.--For purposes of this section, 
     the term `qualified timber gain' means the lesser of--
       ``(1) the net capital gain for the taxable year, or
       ``(2) the net capital gain for the taxable year determined 
     by taking into account only gains and losses from timber.
       ``(c) Qualified Percentage.--For purposes of this section, 
     the term `qualified percentage' means the percentage (not 
     exceeding 50 percent) determined by multiplying--
       ``(1) 3 percent, by
       ``(2) the number of years in the holding period of the 
     taxpayer with respect to the timber.
       ``(d) Estates and Trusts.--In the case of an estate or 
     trust, the deduction under subsection (a) shall be computed 
     by excluding the portion (if any) of the gains for the 
     taxable year from sales or exchanges of capital assets which, 
     under sections 652 and 662 (relating to inclusions of amounts 
     in gross income of beneficiaries of trusts), is includible by 
     the income beneficiaries as gain derived from the sale or 
     exchange of capital assets.''
       (b) Coordination With Existing Limitations.--
       (1) Subsection (h) of section 1 (relating to maximum 
     capital gains rate) is amended by inserting after ``net 
     capital gain'' each place it appears the following: ``(other 
     than qualified timber gain with respect to which an election 
     is made under section 1203)''.
       (2) Subsection (a) of section 1201 (relating to alternative 
     tax for corporations) is amended by inserting after ``net 
     capital gain'' each place it appears the following: ``(other 
     than qualified timber gain with respect to which an election 
     is made under section 1203)''.
       (c) Allowance of Deduction in Computing Adjusted Gross 
     Income.--Subsection (a) of section 62 (relating to definition 
     of adjusted gross income) is amended by adding after 
     paragraph (16) the following new paragraph:
       ``(17) Partial inflation adjustment for timber.--The 
     deduction allowed by section 1203.''
       (d) Clerical Amendment.--The table of sections for part I 
     of subchapter P of chapter 1 is amended by adding at the end 
     the following new item:

``Sec. 1203. Partial inflation adjustment for timber.''

       (e) Effective Date.--The amendments made by this section 
     shall apply to sales or exchanges after December 31, 1997.

     SEC. 202. EXCLUSION OF GAIN FROM SALE OF INTERESTS IN FOREST 
                   LANDS.

       (a) In General.--Part III of subchapter B of chapter 1 
     (relating to items specifically excluded from gross income) 
     is amended by redesignating section 138 as section 139 and by 
     inserting after section 137 the following new section:

     ``SEC. 138. SALES OF INTERESTS IN CERTAIN FOREST LANDS.

       ``(a) Exclusion.--
       ``(1) In general.--Gross income shall not include the 
     applicable percentage of any qualified timber gain.
       ``(2) Applicable percentage.--For purposes of paragraph 
     (1), the term `applicable percentage' means--
       ``(A) 35 percent, or
       ``(B) in the case of qualified timber gain from the sale of 
     a qualified real property interest described in section 
     170(h)(2)(C), 100 percent.
       ``(b) Limitation.--The total amount of gain which may be 
     excluded from gross income under subsection (a) for any 
     taxable year shall not exceed the sum of--
       ``(1) the amount of qualified timber gain described in 
     subsection (a)(2)(B), plus
       ``(2) $800,000.
       ``(c) Qualified Timber Gain.--For purposes of this 
     section--
       ``(1) In general.--The term `qualified timber gain' means 
     gain from the sale or exchange of a qualified real property 
     interest in real property which is used in timber operations 
     to a governmental unit described in section 170(c)(1) for 
     conservation purposes.
       ``(2) Qualified real property interest.--The term 
     `qualified real property interest' has the meaning given such 
     term by section 170(h)(2).
       ``(3) Timber operations.--The term `timber operations' has 
     the meaning given such term by section 2032B(e)(5).
       ``(4) Conservation purposes.--The term `conservation 
     purposes' has the meaning given such term by section 
     170(h)(4)(A) (without regard to clause (iv) thereof).
       ``(d) Special Rule for Sales to Nongovernmental Entities.--
       ``(1) In general.--Subsection (a) shall apply to the sale 
     or exchange to a qualified organization described in section 
     170(h)(3) if such interest is transferred during the 2-year 
     period beginning on the date of the sale or exchange to a 
     governmental unit described in section 170(c)(1).
       ``(2) Time for exclusion.--If the transfer to which 
     paragraph (1) applies occurs in a

[[Page S3027]]

     taxable year after the taxable year in which the sale or 
     exchange occurred--
       ``(A) no exclusion shall be allowed under subsection (a) 
     for the taxable year of the sale or exchange, but
       ``(B) the taxpayer's tax for the taxable year of the 
     transfer shall be reduced by the amount of the reduction in 
     the taxpayer's tax for the taxable year of the sale or 
     exchange which would have occurred if subparagraph (A) had 
     not applied.''
       (b) Clerical Amendment.--The table of sections for part III 
     of subchapter B of chapter 1 is amended by striking the item 
     relating to section 138 and by inserting the following new 
     items after the item relating to section 137:

``Sec. 138. Sales of interests in certain forest lands.
``Sec. 139. Cross references to other Acts.''

       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     1997.

     SEC. 203. APPLICATION OF PASSIVE LOSS LIMITATIONS TO TIMBER 
                   ACTIVITIES.

       (a) In General.--Treasury regulations sections 1.469-
     5T(b)(2) (ii) and (iii) shall not apply to any closely held 
     timber activity if the nature of such activity is such that 
     the aggregate hours devoted to management of the activity for 
     any year is generally less than 100 hours.
       (b) Definitions.--For purposes of subsection (a)--
       (1) Closely held activity.--An activity shall be treated as 
     closely held if at least 80 percent of the ownership 
     interests in the activity is held--
       (A) by 5 or fewer individuals, or
       (B) by individuals who are members of the same family 
     (within the meaning of section 2032A(e)(2) of the Internal 
     Revenue Code of 1986).

     An interest in a limited partnership shall in no event be 
     treated as a closely held activity for purposes of this 
     section.
       (2) Timber activity.--The term ``timber activity'' means 
     the planting, cultivating, caring, cutting, or preparation 
     (other than milling) for market, of trees.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     1997.
                                 ______
                                 
      By Mr. KERRY:

  S. 553. A bill to regulate ammunition, and for other purposes; to the 
Committee on the Judiciary.


                   THE AMMUNITION SAFETY ACT OF 1997

  Mr. KERRY. Mr. President, no gun works without a bullet. Yet for no 
good reason, Congress in the early 1980's--which were marked by 
terribly troubling increases in gun-caused fatalities and injuries--
repealed laws that regulate ammunition. And while a background check is 
required to stop felons from purchasing guns, no such background check 
is required to stop them from buying ammunition for guns they already 
may have. In the meantime, bullets are getting meaner and more deadly. 
Law enforcement officers know all too well the danger they face each 
and every time a gun is pointed at them.
  Advances in technology only promise to make matters worse. When a 
large percentage of gun-related deaths involve handguns, and a larger 
percentage of gun-related deaths is accidental, it is not sensible to 
allow unrestricted manufacture, sale, and use of new, more destructive 
bullets. In 1994, 157 police officers and State troopers were killed in 
this country. Five lost their lives in my home State of Massachusetts. 
Additionally, more than 200 people die from the accidental use of 
handguns every year. In 1992 alone, 233 accidental deaths occurred 
because of handguns. This included 6 babies, 36 children under the age 
of 14, and 8 senior citizens, 2 of whom were over the age of 80.
  In light of these sad and disturbing facts, there is no good reason 
to permit ever more dangerous bullets to come on the market. And there 
is every good reason to keep off our streets and out of our homes 
bullets that supply handguns with the approximate destructive power of 
assault weapons.
  That is why I am today reintroducing the Ammunition Safety Act that I 
introduced previously in the 104th Congress. The Ammunition Safety Act 
of 1997 does two things: it reestablishes reasonable regulations for 
the sale of handgun ammunition, and it outlaws all exceedingly 
destructive handgun ammunition by expanding and updating the ban on 
armor-piercing handgun ammunition. This bill would provide a weapon for 
law enforcement to crack down on crime and would make ordinary people 
safer from handgun violence and accidental shootings. The bill 
accomplishes these goals in three steps.
  First, the bill reinstates and strengthens ammunition control 
language that Congress repealed during the Reagan era. The bill would 
require dealers of handgun ammunition to be licensed by the Federal 
Government and would restrict interstate sale and transportation of 
handgun ammunition to licenced dealers. The bill also would double the 
maximum penalties for sale of handgun ammunition to and possession of 
such ammunition by felons and persons under age 21.
  Second, the bill would apply Brady Bill provisions to handgun 
ammunition. To prevent the sale of handgun ammunition to felons, every 
purchaser of ammunition would have to pass a background check before 
ammunition could be sold to him or her. These regulations would be a 
vital tool for law enforcement to use in investigating crime, and would 
provide equity to a system that currently monitors and restricts the 
flow of guns, but, inexplicably, not of ammunition.
  Third, the bill expands the definition of illegal armor-piercing 
handgun ammunition to include any new conceivable kind of armor-
piercing bullet. The bill establishes a new method to accomplish this 
goal. To date, no law has been able to effectively ban all armor-
piercing bullets. It is impossible to ban what cannot be defined 
because vague laws are constitutionally void--and definitions to date 
have failed to cover all armor-piercing bullets. All that existing law 
does is ban bullets based on the materials of which they are made. 
Consequently, bullets made of hard metal are illegal in the hope that 
this definition will cover most armor-piercing bullets. But the 
existing composition-based definitions fail to prevent the sale of 
certain bullets that pierce armor like large lead bullets that are not 
intended for handguns but can be used in them.

  This bill calls on the Treasury Department to define major armor-
piercing bullets. Fulfilling this new responsibility would entail four 
steps:
  First, within 1 year, the Treasury Department is charged to determine 
a standard test to ascertain the destructive capacity of any and all 
bullets. This will probably result in something along the lines of a 
system that has been employed for some testing purposes that calculates 
the width times the depth of the hole a projectile bores in a block of 
gelatin when it is shot with no extra powder from a standard handgun at 
a distance of 10 feet.
  Second, utilizing this destructive capabilities rating test, the 
Treasury Department would then test and determine the destructive 
rating of every bullet available on the market.
  Third, all manufacturers of bullets for sale in the United States 
would be required to cover the costs incurred by the Treasury 
Department in this testing.
  Fourth, the bill would make it illegal to manufacture, sell, import, 
use, or possess any bullet--existing or newly invented--that has a 
destructive rating equal to or higher than the armor-piercing 
threshold. This would be in addition to the existing composition-based 
definition.
  This bill contains reasonable exemptions. Those bullets exclusively 
manufactured for law enforcement would be exempt; so would be those 
bullets designed for sporting purpose that Congress specifically 
exempts by law; and so would be those bullets that are proven by their 
manufacturer at its expense to have a destructive rating below the 
armor-piercing threshold.
  By setting the legal standard at the armor-piercing threshold, all 
armor-piercing bullets would be illegal. And there is an additional 
advantage to setting a legal threshold in this fashion: The threshold 
would ban more than armor-piercing bullets. It would ban any bullet 
invented in the future that explodes on impact, that turns to shrapnel, 
that does things today's technology cannot yet fathom, or that by any 
other means is exceptionally destructive.
  Setting a legal standard this way draws a hard and fast line between 
those bullets currently on the market and future bullets that do more 
damage that we can image today. This bill says that America is 
satisfied that the bullets of today are dangerous enough, and America 
will tolerate no greater likelihood of accidental death as a result of 
new bullets.
  This bill recognizes the fact that regulating only guns is naive. 
Those who

[[Page S3028]]

want to kill or injure others will always be able to find guns, but 
they must purchase ammunition. When they do this, this bill will be 
there to stop them.
  Mr. President, I recognize that there is a limit to what the 
Government can do to stop gun violence and accidental death. But today, 
our Government is shirking its responsibility. This bill is a vital 
step toward ensuring that our Government does what is necessary to save 
lives.
  The law enforcement community and the public will never again have to 
react to advertisements like the one for the famous Rhino bullet. This 
ad states: ``The Rhino inflicts a wound of 8 inches in diameter. Each 
of these fragments becomes lethal shrapnel and is hurled into vital 
organs, lungs, circulatory system components, the heart and other 
tissues. The wound channel is catastrophic. Death is nearly 
instantaneous.''
  If this bill is enacted, opportunistic manufacturers like the one who 
created the Rhino bullet will have nothing to gain from advertising the 
dramatic innovations of their bullets. If an advertisement claims that 
a new bullet is unusually destructive, the public will know that the 
advertisement is either an outright lie or that the product is illegal. 
Either way, the public will know in advance that no such bullet will 
ever hit the street, and the public will have no cause for alarm.
  When this bill becomes law, no new bullets that are more dangerous 
than those of today will make it to market. When this bill becomes law, 
bullets now available for purchase end up in the wrong hands.
  This bill is a solid step toward returning sanity and safety to our 
Nation's streets and households. The Government has no greater 
responsibility than to work toward this goal. I welcome the support of 
colleagues who share my concerns, as many do. I urge them to join me in 
sponsoring this legislation.
  Mr. President, I ask unanimous consent that the full text of the 
legislation appear in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 553

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Ammunition Safety Act of 
     1997''.

     SEC. 2. DEALERS OF AMMUNITION.

       (a) Definition.--Section 921(a)(11)(A) of title 18, United 
     States Code, is amended by inserting ``or ammunition'' after 
     ``firearms''.
       (b) Licensing.--Section 923(a) of title 18, United States 
     Code, is amended--
       (1) in the matter preceding paragraph (1) by striking ``or 
     importing or manufacturing ammunition'' and inserting ``or 
     importing, manufacturing, or dealing in ammunition''; and
       (2) in paragraph (3)--
       (A) in subparagraph (A), by striking ``or'' the last place 
     it appears;
       (B) in subparagraph (B), by striking the period at the end 
     and inserting ``; or''; and
       (C) by inserting the following new subparagraph:
       ``(C) in ammunition other than ammunition for destructive 
     devices, $10 per year.''.
       (c) Unlawful Acts.--Section 922(a)(1)(A) of title 18, 
     United States Code, is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (A)--
       (i) by inserting ``or ammunition'' after ``firearms''; and
       (ii) by inserting ``or ammunition'' after ``firearm''; and
       (B) in subparagraph (B), by striking ``or licensed 
     manufacturer'' and inserting ``licensed manufacturer, or 
     licensed dealer'';
       (2) in paragraph (2), in the matter preceding subparagraph 
     (A), by inserting ``or ammunition'' after ``firearm'';
       (3) in paragraph (3), by inserting ``or ammunition'' after 
     ``firearm'' the first place it appears;
       (4) in paragraph (5), by inserting ``or ammunition'' after 
     ``firearm'' the first place it appears; and
       (5) in paragraph (9), by inserting ``or ammunition'' after 
     ``firearms''.
       (d) Penalties.--Section 924 of title 18, United States 
     Code, is amended--
       (1) in paragraph (5)--
       (A) in subparagraph (A)(i), by striking ``1 year'' and 
     inserting ``2 years''; and
       (B) in subparagraph (B)--
       (i) in clause (i), by striking ``1 year'' and inserting ``2 
     years''; and
       (ii) in clause (ii), by striking ``10 years'' and inserting 
     ``20 years''; and
       (2) by adding at the end the following new subsection:
       ``(o) Except to the extent a greater minimum sentence is 
     otherwise provided, any person at least 18 years of age who 
     violates section 922(g) shall be subject to--
       ``(1) twice the maximum punishment authorized by this 
     subsection; and
       ``(2) at least twice any term of supervised release.''.
       (e) Application of Brady Handgun Violence Prevention Act to 
     Transfer of Ammunition.--Section 922(t) of title 18, United 
     States Code, is amended by inserting ``or ammunition'' after 
     ``firearm'' each place it appears.

     SEC. 3. REGULATION OF ARMOR PIERCING AND NEW TYPES OF 
                   DESTRUCTIVE AMMUNITION.

       (a) Testing of Ammunition.--Section 921(a)(17) of title 18, 
     United States Code, is amended--
       (1) by redesignating subparagraph (D), as added by section 
     2(e)(2), as subparagraph (E); and
       (2) by inserting after subparagraph (C) the following new 
     subparagraph:
       ``(D)(i) Notwithstanding subchapter II of chapter 5 of 
     title 5, United States Code, not later than 1 year after the 
     date of enactment of this subparagraph, the Secretary shall--
       ``(I) establish uniform standards for testing and rating 
     the destructive capacity of projectiles capable of being used 
     in handguns;
       ``(II) utilizing the standards established pursuant to 
     subclause (I), establish performance-based standards to 
     define the rating of `armor piercing ammunition' based on the 
     rating at which the projectiles pierce armor; and
       ``(III) at the expense of the ammunition manufacturer 
     seeking to sell a particular type of ammunition, test and 
     rate the destructive capacity of the ammunition utilizing the 
     testing, rating, and performance-based standards established 
     under subclauses (I) and (II).
       ``(ii) The term `armor piercing ammunition' shall include 
     any projectile determined to have a destructive capacity 
     rating higher than the rating threshold established under 
     subclause (II), in addition to the composition-based 
     determination of subparagraph (B).
       ``(iii) The Congress may exempt specific ammunition 
     designed for sporting purposes from the definition of `armor 
     piercing ammunition'.''.
       (b) Prohibition.--Section 922(a) of title 18, United States 
     Code, is amended--
       (1) in paragraph (7)--
       (A) by striking ``or import'' and inserting ``, import, 
     possess, or use'';
       (B) in subparagraph (B), by striking ``and'';
       (C) in subparagraph (C), by striking the period at the end 
     and inserting ``; and''; and
       (D) by adding at the end the following new subparagraph:
       ``(D) the manufacture, importation, or use of any 
     projectile that has been proven, by testing performed at the 
     expense of the manufacturer of the projectile, to have a 
     lower rating threshold than armor piercing ammunition.''; and
       (2) in paragraph (8)--
       (A) in subparagraph (B), by striking ``and'';
       (B) in subparagraph (C), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following new subparagraph:
       ``(D) the manufacture, importation, or use of any 
     projectile that has been proven, by testing performed at the 
     expense of the manufacturer of the projectile, to have a 
     lower rating threshold than armor piercing ammunition.''.
                                 ______
                                 
      By Mr. HARKIN:
  S. 554. A bill to inform and empower consumers in the United States 
through a voluntary labeling system for wearing apparel or sporting 
goods made without abusive and exploitative child labor, and for other 
purposes; to the Committee on Commerce, Science, and Transportation.


         THE CHILD LABOR FREE CONSUMER INFORMATION ACT OF 1997

  Mr. HARKIN. Mr. President, I rise to introduce legislation that will 
inform and empower consumers in the United States through a voluntary 
labeling system for wearing apparel and sporting goods made without the 
use of abusive and exploitative child labor. Congressman George Miller 
is introducing companion legislation in the other body.
  This is the second time I have come to the floor of the Senate to 
introduce this bill, and I will continue to introduce it until it 
becomes law.
  I'd like to ask my colleagues to take a moment to look around. Maybe 
it's the shirt you have on right now. Or the silk tie or blouse. Or the 
soccer ball you kick around with your kids in the backyard. Or the 
tennis shoes you wear on weekends.
  Chances are that you have purchased something--perhaps many things--
made with abusive and exploitative child labor. And chances are you 
were completely unaware that was the case. You will find a label that 
tells you what size it is, how to take care for it and what it costs. 
But it doesn't tell you about the person who made it.
  Mr. President, recently, the International Labor Organization [ILO] 
released a very grim report about the number of children who toil away 
in

[[Page S3029]]

abhorrent conditions. The ILO estimates that over 250 million children 
worldwide under the age of 15 are working instead of receiving a basic 
education. Many of these children begin working in factories at the age 
of 6 or 7, some even younger. They are poor, malnourished, and often 
forced to work 60-hour weeks for little or no pay.
  Now when I speak about child labor, I am not talking about 17-year-
olds helping out on the family farm or running errands after school. I 
am speaking about children, often under 12 years old, who are forced to 
work long hours in hazardous and dangerous conditions, many as slaves, 
instead of going to school.
  On September 23, 1993, the Senate appropriately put itself on record 
as expressing its principled opposition to the abhorrent practice of 
exploiting children for commercial gain and asserting that it should be 
the policy of the United States to prohibit the importation of products 
made through the use of abusive and exploitative child labor by passing 
a sense of the Senate Resolution I introduced. In my view, this was the 
first step toward ending child labor.
  Mr. President, never has the issue of child labor in the garment 
industry been more prominent than today. Last year, talk show host 
Kathie Lee Gifford learned that some of the garments with her name on 
them were being produced by children. She did not bury her head in the 
sand. Instead, she reacted quickly and decisively to heighten awareness 
about the issue of abusive and exploitative child labor.
  Americans in Des Moines or Dallas or Detroit may say, ``What does 
this have to do with us?'' It is quite simple. By protecting the rights 
of workers everywhere, we will be protecting jobs and opportunities 
here at home. A U.S. worker cannot compete with a 12-year-old working 
12 hours a day for 12 cents.
  Last year, the United States imported almost 50 percent of the 
wearing apparel sold in this country and the garment industry netted 
$34 billion. According to the Department of Commerce, last year, the 
United States imported 494.1 million pairs of athletic footwear and 
produced only 65.3 million here at home. That means that we imported 
enough shoes to encircle the earth five and a half times.
  As I have traveled around the country and spoken with people about 
the issue of abusive and exploitative child labor, I have found that 
consumers--ordinary Americans--want to get involved. They want 
information. They want to know if the products they are buying are made 
by children.
  According to a survey sponsored by Marymount University, more than 
three out of four Americans said they would avoid shopping at stores if 
they were aware that the goods sold there were made by exploitative and 
abusive child labor. They also said that they would be willing to pay 
an extra $1 on a $20 garment if it were guaranteed to be made under 
legitimate circumstances. I ask unanimous consent to enter this study 
into the Record.
  Mr. President, it is obvious that consumers don't want to reward 
companies with their hard-earned dollars by buying products made with 
abusive and exploitative child labor.
  This issue demands our attention. My legislation, the Child Labor 
Free Consumer Information Act 1997, will inform and empower consumers 
in the United States through a voluntary labeling system for wearing 
apparel and sporting goods made without abusive and exploitative child 
labor. In my view, a system of voluntary labeling holds the best 
promise of giving consumers the information they want--and giving the 
companies that manufacture these products the recognition they deserve.
  The crux of this legislation is to provide the framework for members 
of the wearing apparel and sporting goods industry, labor 
organizations, consumer advocacy and human rights groups along with the 
Secretaries of Commerce, Treasury, and Labor to establish the labeling 
standard and develop a system to assure compliance that items were not 
made with abusive and exploitative child labor. Thus, ensuring 
consumers that the garment or pair of tennis shoes they purchase was 
made without abusive and exploitative child labor.
  In my view, Congress can't do it alone through legislation. The 
Department of Labor can't do it alone through enforcement. It takes all 
of us from the private sector to labor and human rights groups to take 
responsibility, to come together to end abusive and exploitative child 
labor. And I am pleased to say there has recently been promising action 
to that end.
  Yesterday, an article in the New York Times appeared announcing a 
tentative agreement between human rights and labor leaders and some 
members of the apparel industry to adopt a code of conduct and a 
promise to form an association to provide consumers with information on 
the items they purchase. This is a praise worthy initiative and I am 
glad that my discussions with President Clinton on the issue of child 
labor have helped lead to this development. Now, we must take the 
logical next step to inform and assure consumers that the goods they 
purchase are not made with abusive and exploitative child labor. My 
bill has provisions for a labeling system that will inform consumers 
that the wearing apparel and sporting goods they purchase are not made 
by the sweat and toil of children, as well as enforcement provisions to 
assure consumers that the label has integrity. Until an effective and 
reliable labeling and monitoring system is in place, consumers can 
never truly be sure that the goods they purchase were not made by an 
exploited child. I look forward to continuing my work with my 
colleagues and the White House on strengthening this initiative to 
inform and empower consumers. That is what the American consumer 
demands and deserves.

  Mr. President, when the private sector decides to take speak up--it 
certainly can make a difference. Recently, in Bangladesh, the 
Bangladesh Garment Manufacturers and Exporters Association has agreed 
to work with the International Labor Organization to take children out 
of the garment factories and put them into school--where they belong. 
As of July 1996, more than 110 schools for former child workers have 
opened, serving nearly 2,000 children. So, if we can do it in 
Bangladesh, then we can do it elsewhere.
  Mr. President, let me be clear, companies can choose to use the label 
or not to. This bill is not about the big government telling the 
private sector what to do. This bill is centered around this 
fundamental principle: Let the Buyer Be Aware. This ``Truth in 
Labeling'' initiative is based on the principle that a fully informed 
American consumer will make the right, and moral, choice and vote 
against abusive and exploitative child labor with their pocketbook.
  We have seen such an approach work effectively with the Rugmark label 
for hand-knotted carpets from India. It is operating in some European 
countries. Consumers who want to buy child labor-free carpets can just 
look for the Rugmark label. I visited the Rugmark headquarters in New 
Delhi, India last week. Mr. President, this initiative is working. It 
has succeeded in taking children out of the factories and putting them 
into schools while providing consumers with the information they need.
  By the end of April, half a million carpets will have received the 
Rugmark label and been shipped to stores in Germany. Rugmark licenses 
already provide 30 percent of German carpet imports from India. And I 
am pleased to say that there are two wholesalers in New York that offer 
carpets with the Rugmark label. I am hopeful that by the end of the 
year there will be at least 20 importers in the United States.
  Mr. President, the progress that has been made on eradicating abusive 
and exploitative child labor is irreversible. Therefore we must 
continue to move forward. And I believe my bill allows us to do just 
that. It allows the consumer to know more about the products they buy 
and give companies that use the label the recognition they deserve.
  Our nation began this century by working to end abusive and 
exploitative child labor in America, let us close this century by 
ending child labor around the world. I urge my colleagues to support my 
bill.
  I hope that we will be able to vote on this piece of legislation in 
the near future so that we can give consumers the information they 
deserve to make informed decisions.

[[Page S3030]]

  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                 S. 554

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Child Labor Free Consumer 
     Information Act of 1997''.

     SEC. 2. FINDINGS.

       The Congress finds that--
       (1) the Secretary of Labor has conducted 3 detailed studies 
     that document the fact that abusive and exploitative child 
     labor exists worldwide;
       (2) the Secretary of Labor has also determined, through the 
     studies referred to in paragraph (1), that child laborers are 
     often forced to work beyond their physical capacities, under 
     conditions that threaten their health, safety, and 
     development, and are denied basic educational opportunities;
       (3) in most instances, countries that have abusive and 
     exploitative child labor also experience a high adult 
     unemployment rate;
       (4) the International Labor Organization (commonly known as 
     the ``ILO'') estimates that--
       (A) approximately 250,000,000 children between the ages of 
     5 and 14 are working in developing countries; and
       (B) many of those children manufacture wearing apparel or 
     sporting goods that are offered for sale in the United 
     States;
       (5) consumers in the United States spend billions of 
     dollars each year on wearing apparel and sporting goods;
       (6) consumers in the United States have the right to 
     information on whether the articles of wearing apparel 
     (including any section of that wearing apparel) or sporting 
     goods that they purchase are made without abusive and 
     exploitative child labor;
       (7) the rugmark labeling and monitoring system is a 
     successful model for eliminating abusive and exploitative 
     child labor in the rug industry;
       (8) the labeling of wearing apparel or sporting goods would 
     provide the information referred to in paragraph (6) to 
     consumers; and
       (9) it is important to recognize United States businesses 
     that have effective programs to ensure that products sold in 
     the United States are not made with abusive and exploitative 
     child labor.
              TITLE I--CHILD LABOR FREE LABELING STANDARDS

     SEC. 101. CHILD LABOR FREE LABELING STANDARDS.

       (a) Establishment of Labeling Standards.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of Labor, in 
     consultation with the Child Labor Free Commission established 
     under section 201, shall issue regulations to ensure that a 
     label using the terms ``Not Made With Child Labor'', ``Child 
     Labor Free'', or any other term or symbol referring to child 
     labor does not make a false statement or suggestion that the 
     article or section of wearing apparel or sporting good was 
     not made with child labor. The regulations developed under 
     this section shall encourage the use of an easily 
     identifiable symbol or term indicating that the article or 
     section of wearing apparel or sporting good was not made with 
     child labor.
       (2) Notification on use.--
       (A) In general.--A producer, importer, exporter, 
     distributor, or other person intending to use any label 
     referred to in paragraph (1) shall submit a notification to 
     the Commission for review under subparagraph (C).
       (B) Notification.--The notification referred to in 
     subparagraph (A) shall include information concerning the 
     source of the article or section of wearing apparel or 
     sporting good to which the label will be affixed, including--
       (i) the country in which the article or section of wearing 
     apparel or sporting good is manufactured;
       (ii) the name and location of the manufacturer; and
       (iii) information concerning any outsourcing by the 
     manufacturer in the manufacture of the article or section of 
     wearing apparel or sporting good.
       (C) Review of notification.--Upon receipt of the 
     notification, the Commission shall review the notification 
     and inform the Secretary of Labor concerning the findings of 
     the review. The permission of the Secretary of Labor shall be 
     required for the use of the label. The Secretary of Labor, in 
     consultation with the Commission, shall establish procedures 
     for granting permission to use a label under this 
     subparagraph.
       (3) Fee.--The Secretary of Labor is authorized to charge a 
     fee to cover the expenses of the Commission in reviewing a 
     notification under paragraph (2). The level of fees charged 
     under this subparagraph shall not exceed the administrative 
     costs incurred in reviewing a notification. Fees collected 
     under this paragraph shall be available to the Secretary of 
     Labor for expenses incurred in the review and response of the 
     Commission under this subsection.
       (4) Applicability.--The regulations issued under paragraph 
     (1) shall apply to any label contained in--
       (A) an article or section of wearing apparel or sporting 
     good that is exported from or offered for sale in the United 
     States;
       (B) any packaging thereof; or
       (C) any advertising for an article or section of wearing 
     apparel or sporting good referred to in subparagraph (A).
       (5) Effective date.--The regulations issued under paragraph 
     (1) shall take effect on the date that is 180 days after the 
     date of publication as final regulations.
       (b) Violation of Section 5 of the Federal Trade Commission 
     Act.--It is a violation of section 5 of the Federal Trade 
     Commission Act (15 U.S.C. 45) for any producer, importer, 
     exporter, distributor, or seller of any article or section of 
     wearing apparel or sporting good that is exported from or 
     offered for sale in the United States--
       (1) to falsely indicate on the label of that article or 
     section of wearing apparel or sporting good, the packaging of 
     the article or section of wearing apparel or sporting good, 
     or any advertising for the article or section of wearing 
     apparel or sporting good that the article or section of 
     wearing apparel or sporting good was not made with child 
     labor; or
       (2) to otherwise falsely claim or suggest that the article 
     (or section of that article of wearing apparel) or sporting 
     good was not made with child labor.
       (c) Amendment to the Federal Trade Commission Act.--Section 
     5(m)(1) of the Federal Trade Commission Act (15 U.S.C. 
     45(m)(1)) is amended--
       (1) in subparagraph (A), by striking ``The Commission'' and 
     inserting ``Except as provided in subparagraph (D), the 
     Commission'';
       (2) in subparagraph (B), by striking ``If the Commission'' 
     and inserting ``Except as provided in subparagraph (D), if 
     the Commission''; and
       (3) by adding at the end the following new subparagraph:
       ``(D)(i)(I) In lieu of the applicable civil penalty under 
     subparagraph (A) or (B), in any case in which the Commission 
     commences a civil action for a violation of section 101 of 
     the Child Labor Free Consumer Information Act of 1997 under 
     subparagraph (A), under subparagraph (B) for an unfair or 
     deceptive practice that is considered to be a violation of 
     this section by reason of section 101(b) of such Act, or 
     under subparagraph (C) for a continuing failure that is 
     considered to be a violation of this section by reason of 
     section 101(b) of such Act, if that violation--
       ``(aa) is a knowing or willful violation, the amount of a 
     civil penalty for the violation shall be determined under 
     clause (ii); or
       ``(bb) is not a knowing or willful violation, no penalty 
     shall be assessed against the person, partnership, or 
     corporation that committed the violation.
       ``(II) For purposes of this subparagraph, if in an action 
     referred to in subclause (I), if the Commission asserts that 
     a violation is a knowing and willful violation, the defendant 
     shall bear the burden of proving otherwise.
       ``(ii) The amount of a civil penalty for a violation under 
     clause (i)(I)(aa) that is committed shall be--
       ``(I) for an initial violation, an amount equal to the 
     greater of--
       ``(aa) 2 times the retail value of the articles of wearing 
     apparel or sporting goods mislabeled; or
       ``(bb) $200,000; and
       ``(II) for any subsequent violation, an amount equal to the 
     greater of--
       ``(aa) 4 times the retail value of the articles of wearing 
     apparel or sporting goods mislabeled; or
       ``(bb) $400,000.''.
       (d) Special Fund To Assist Children.--
       (1) Creation of fund.--There is established in the United 
     States Treasury a special fund to be known as the ``Free the 
     Children Fund''.
       (2) Deposits into fund.--An amount equal to the amount of 
     penalties collected under this section shall be deposited 
     into the special fund. The Secretary of the Treasury shall, 
     upon request of the Secretary of Labor, make the amounts 
     deposited into the special fund available to the Secretary of 
     Labor for use by the Secretary of Labor for educational and 
     other programs described in paragraph (3).
       (3) Authorization.--Amounts deposited into the special fund 
     are authorized to be appropriated annually for educational 
     and other programs with the goal of eliminating child labor.
       (e) Other Industries.--The Commission may, as appropriate, 
     develop labeling standards similar to the labeling standards 
     developed under this section for any industry that is not 
     otherwise covered under this Act and recommend to the 
     Secretary of Labor that those standards be promulgated. If 
     the standards are promulgated by the Secretary of Labor--
       (1) the provisions of this Act and the amendments made by 
     this Act shall apply to the labeling covered by those 
     standards in the same manner as they apply to any other 
     standards promulgated by the Secretary of Labor under this 
     section; and
       (2) it shall be a violation of section 5 of the Federal 
     Trade Commission Act (15 U.S.C. 45) for any producer, 
     importer, exporter, distributor, or seller of any good that 
     is covered under the labeling standards and that is exported 
     from or offered for sale in the United States--
       (A) to falsely indicate on the label of that good, the 
     packaging thereof, or any related advertising that the good 
     was not made with child labor; or
       (B) to otherwise falsely claim or suggest that the good was 
     not made with child labor.

[[Page S3031]]

     SEC. 102. REVIEW OF PETITIONS BY THE CHILD LABOR FREE 
                   COMMISSION.

       (a) In General.--In addition to the procedures established 
     under section 5 of the Federal Trade Commission Act (15 
     U.S.C. 45), the Child Labor Free Commission established under 
     section 201 shall assist the Federal Trade Commission by 
     reviewing petitions under this section.
       (b) Contents of Petitions.--A petition under this section 
     shall--
       (1) be submitted in such form and in such manner as the 
     Federal Trade Commission, in consultation with the Secretary 
     of Labor and the Child Labor Free Commission, shall 
     prescribe;
       (2) contain the name of the--
       (A) petitioner; and
       (B) person or entity involved in the alleged violation of 
     the labeling standards under section 101; and
       (3) provide a detailed explanation of the alleged 
     violation, including all available evidence.
       (c) Review by Commission.--
       (1) In general.--The Commission shall, to the maximum 
     extent practicable, not later than 90 days after receiving a 
     petition, review the petition to determine whether there 
     appears to have been a violation of the labeling standards.
       (2) Action by the federal trade commission.--
       (A) In general.--Upon completion of a review conducted 
     under paragraph (1), the Commission shall forward the 
     petition to the Secretary of Labor, together with a report by 
     the Commission containing a determination by the Commission 
     concerning the merits of the petition, including whether a 
     violation of the labeling standards occurred and whether 
     there appears to have been a knowing and willful (within the 
     meaning of section 5(m)(1)(D)(i) of the Federal Trade 
     Commission Act, as added by section 101(c) of this Act) or 
     repeated violation of those standards.
       (B) Duties of the secretary of labor.--Upon receipt of the 
     petition and report, the Secretary of Labor shall--
       (i) forward a copy of the petition and report to the 
     Federal Trade Commission for review by the Federal Trade 
     Commission; and
       (ii) review the petition and report.
       (3) Temporary withdrawal of permission; order to cease and 
     desist.--
       (A) Temporary withdrawal of permission.--If the Secretary 
     of Labor determines, on the basis of the report referred to 
     in paragraph (2), that there is a substantial likelihood that 
     a violation of the labeling standards promulgated under 
     section 101 has occurred, the Secretary of Labor may 
     temporarily withdraw the permission granted under section 
     101(a)(2)(C) and inform the Federal Trade Commission of the 
     action and the reason for the action.
       (B) Order to cease and desist.--If the Federal Trade 
     Commission concurs with a determination of the Child Labor 
     Free Commission in the report referred to in subparagraph (A) 
     that a violation of the labeling standards has occurred, the 
     Federal Trade Commission shall take such action as may be 
     necessary under the Federal Trade Commission Act (15 U.S.C. 
     41 et seq.) to cause the person or entity in violation of the 
     labeling standards under section 101 to cease and desist from 
     violating those standards immediately upon that concurrence.
                 TITLE II--CHILD LABOR FREE COMMISSION

     SEC. 201. ESTABLISHMENT OF COMMISSION.

       (a) Establishment.--There is established a commission to be 
     known as the ``Child Labor Free Commission''.
       (b) Membership.--
       (1) Composition.--The Commission shall be composed of 17 
     members, of whom--
       (A) 1 shall be the Secretary of Commerce or a designee of 
     the Secretary of Commerce;
       (B) 1 shall be the Secretary of the Treasury or a designee 
     of the Secretary of the Treasury;
       (C) 1 shall be the United States Trade Representative or a 
     designee of the United States Trade Representative;
       (D) 1 shall be the Secretary of Labor or a designee of the 
     Secretary of Labor, who shall serve as the Chairperson of the 
     Commission;
       (E) 3 shall be representatives of nongovernmental 
     organizations that work toward the eradication of abusive and 
     exploitative child labor and in the promotion of human 
     rights, appointed by the Secretary of Labor;
       (F) 3 shall be representatives of labor organizations, 
     appointed by the Secretary of Labor;
       (G) 3 shall be representatives of the wearing apparel 
     industry, appointed by the Secretary of Labor;
       (H) 3 shall be representatives of the sporting goods 
     industry, appointed by the Secretary of Labor; and
       (I) 1 additional member shall be appointed by the Secretary 
     of Labor.
       (2) Date.--The appointments of the members of the 
     Commission shall be made not later than 60 days after the 
     date of enactment of this Act.
       (c) Period of Appointment; Vacancies.--
       (1) Period of appointment.--Each member of the Commission 
     shall serve for a term of 4 years, except that in appointing 
     the initial members of the Commission, the Secretary of Labor 
     shall stagger the terms of the non-Federal members.
       (2) Vacancies.--Any vacancy in the Commission shall not 
     affect its powers, but shall be filled in the same manner as 
     the original appointment.
       (d) Initial Meeting.--Not later than 30 days after the date 
     on which all members of the Commission have been appointed, 
     the Commission shall hold its first meeting.
       (e) Meetings.--The Commission shall meet at the call of the 
     Chairperson or at the request of a majority of the members.
       (f) Quorum.--A majority of the members of the Commission 
     shall constitute a quorum, but a lesser number of members may 
     hold hearings or other meetings.

     SEC. 202. DUTIES OF THE COMMISSION.

       The Commission shall--
       (1) assist the Secretary of Labor in developing labeling 
     standards under section 101; and
       (2) assist the Secretary of Labor in developing and 
     implementing a system to ensure compliance with the labeling 
     standards established under section 101, including--
       (A) receiving, reviewing, and making recommendations for 
     the resolution of petitions received under section 102 that 
     allege noncompliance with the labeling standards under 
     section 101;
       (B) making recommendations to the Secretary of Labor for 
     the removal of labels subject to the standards under section 
     101 that are found to be in violation of those standards;
       (C) assisting the Secretary of Labor in developing and 
     implementing a system to promote the increased use of the 
     labeling standards under section 101;
       (D) publishing, not less frequently than annually, a list 
     of persons and entities that have notified the Commission of 
     their intent to use a label under section 101(a)(2); and
       (E) publishing, not less frequently than annually, a list 
     of persons and entities found to be in violation of any 
     provision of this Act; and
       (3) not later than 1 year after the date of the 
     establishment of the Commission, commence a study into the 
     feasibility of developing an easily identifiable labeling 
     standard that the Secretary of Labor may issue to encourage 
     the use of voluntary labels that ensure consumers that an 
     article of wearing apparel or sporting good was made without 
     the use of sweatshop or exploited adult labor.

     SEC. 203. POWERS OF THE COMMISSION.

       (a) Hearings.--The Commission may hold such hearings, sit 
     and act at such times and places, take such testimony, and 
     receive such evidence as the Commission considers advisable 
     to carry out the duties of the Commission under this title.
       (b) Information From Federal Agencies.--The Commission may 
     secure directly from any Federal department or agency such 
     information as the Commission considers necessary to carry 
     out the duties of the Commission under this title. Upon 
     request of the Chairperson of the Commission, the head of 
     such department or agency shall furnish such information to 
     the Commission.
       (c) Postal Services.--The Commission may use the United 
     States mails in the same manner and under the same conditions 
     as other departments and agencies of the Federal Government.
       (d) Gifts.--The Commission may accept, use, and dispose of 
     gifts or donations of services or property.

     SEC. 204. COMMISSION PERSONNEL MATTERS.

       (a) Non-Federal Members.--Each member of the Commission who 
     is not an officer or employee of the Federal Government shall 
     serve without compensation.
       (b) Federal Members.--Each member of the Commission who is 
     an officer or employee of the United States shall serve 
     without compensation in addition to that received for that 
     member's services as an officer or employee of the United 
     States.

     SEC. 205. ADMINISTRATIVE AND SUPPORT SERVICES.

       The Secretary of Labor shall, to the extent permitted by 
     law, provide the Commission with such administrative 
     services, funds, facilities, staff, and other support 
     services as may be necessary for the performance of its 
     functions.
         TITLE III--RECOGNITION OF EXEMPLARY CORPORATE EFFORTS

     SEC. 301. ANNUAL REPORT.

       Not later than 1 year after the date of enactment of this 
     Act, and annually thereafter, the Secretary of Labor shall 
     issue a report concerning companies that are making exemplary 
     progress in ensuring that products made, sold, or distributed 
     by those companies are not made with abusive and exploitative 
     child labor.

     SEC. 302. ADDITIONAL METHODS.

       In addition to the reports made under section 301, the 
     Secretary of Labor in consultation with the Commission shall 
     develop and implement other methods of providing recognition 
     for exemplary programs carried out by companies to ensure 
     that products made, sold, or distributed by those companies 
     are not made with abusive and exploitative child labor.
                         TITLE IV--DEFINITIONS

     SEC. 401. DEFINITIONS.

       For purposes of this Act, the following definitions shall 
     apply:
       (1) Child.--The term ``child'' means--
       (A) an individual who has not attained the age of 15 years, 
     as measured by the Julian calendar; or
       (B) an individual who has not attained the age of 14 years, 
     as measured by the Julian calendar, in the case of an 
     individual who resides in a country that, by law, defines a 
     child as such an individual.
       (2) Commission.--The term ``Commission'' means the Child 
     Labor Free Commission established under section 201.

[[Page S3032]]

       (3) Label.--The term ``label'' means a display of written, 
     printed, or graphic matter on or affixed to an article of 
     wearing apparel or a sporting good or on the packaging of the 
     article or a sporting good that meets the standards described 
     in section 101(a).
       (4) Made with child labor.--
       (A) In general.--A manufactured article or section of 
     wearing apparel or a sporting good shall be considered to 
     have been made with child labor if the article or section--
       (i) was fabricated, assembled, or processed in whole or in 
     part; or
       (ii) contains any part that was fabricated assembled, or 
     processed in whole or in part,
     by any child described in subparagraph (B).
       (B) Covered children.--A child is described in this 
     subparagraph if that child engaged in the fabrication, 
     assembly, or processing of the article or section--
       (i) under circumstances that the Secretary of Labor 
     considers to be abusive or exploitative;
       (ii) under circumstances tantamount to involuntary 
     servitude; or
       (iii) under--

       (I) exposure to toxic substances or working conditions that 
     otherwise pose serious health hazards; or
       (II) working conditions that result in the child's being 
     deprived of basic educational opportunities.

       (5) Producer.--The term ``producer'' includes a contractor 
     or subcontractor of a manufacturer of all or part of a good.
       (6) Sporting good.--The term ``sporting good'' shall have 
     the meaning provided that term by the Secretary of Labor.
       (7) Wearing apparel.--The term ``wearing apparel'' shall 
     have the meaning provided that term by the Secretary of 
     Labor.
                                                                    ____


[From Marymount University Center for Ethical Concerns, November, 1995]

 New Study Finds Americans Intolerant of Sweatshops in Garment Industry

       Arlington, VA.--Retailers selling clothing made in 
     sweatshops operating in the United States could feel the ire 
     of American consumers, suggests a new survey sponsored by 
     Marymount University in Arlington, Virginia. The new study 
     shows that consumers would avoid stores that sell goods made 
     in sweatshops and be more inclined to shop at stores working 
     actively to prevent garment worker abuses.
       According to the survey, more than three-fourths of 
     Americans would avoid shopping at stores if they were aware 
     that the stores sold goods made in sweatshops. Consumers also 
     are willing to pay a price for assurances that the goods they 
     buy are not made in sweatshops. An overwhelming majority (84 
     percent) say they would be willing to pay up to an extra $1 
     on a $20 garment if it were guaranteed to be made in a 
     legitimate shop.
       The study, sponsored by Marymount's Center for Ethical 
     Concerns and the Department of Fashion Design and 
     Merchandising, was prompted by the recent discovery of 
     sweatshops operating in the United States in which illegal 
     aliens smuggled into the country were forced to produce 
     garments under almost slave labor conditions. In one factory, 
     raided earlier this year by U.S. officials, workers had been 
     confined in a barbed wire-enclosed compound and forced to 
     work between 16 and 22 hours a day. Workers were paid less 
     than $1 an hour and essentially held captive until they had 
     repaid the cost of their passage to the United States, a 
     process that took years in some cases.
       Since these revelations, the U.S. Department of Labor has 
     been working with retailers to encourage greater diligence in 
     policing the industry voluntarily and plans in the near 
     future to release a list of companies that have agreed to 
     cooperate in these efforts. The new study shows that a 
     substantial majority of Americans (66 percent) would be more 
     likely to patronize stores that they know are cooperating 
     with law enforcement officials to prevent sweatshops. If such 
     a list were published, more than two-thirds (69 percent) of 
     consumers say they would take this information into account 
     when deciding where to do their shopping this holiday season.
       ``It is gratifying to know that Americans condemn these 
     sweatshop conditions and are willing to demonstrate that 
     commitment when they shop, even if it costs them a few 
     pennies. The industry, including retailers, has a 
     responsibility to make sure it is not selling garments made 
     in sweatshops, and the public is willing to hold them 
     accountable,'' said Sr. Eymard Gallagher, RSHM, president of 
     Marymount University. ``Despite the competitiveness in the 
     industry, we can't close our eyes to these kinds of 
     conditions that we thought had disappeared years ago,'' she 
     said.
       The telephone survey of 1,008 randomly selected adults, was 
     conducted by ICR Survey Research Group of Media, PA, at the 
     request of Marymount. The survey has a margin of error of 
     plus or minus 3 percentage points.
       Marymount University's fashion design and fashion 
     merchandising programs are among the leaders in this field in 
     the United States. Marymount is an independent, Catholic 
     university, emphasizing excellence in teaching, attention to 
     the individual, and values and ethics across the curriculum. 
     Located in Arlington, Virginia, Marymount enrolls 4,200 men 
     and women in its 34 undergraduate and 24 master's degree 
     programs.


                    study background and objectives

       United States officials recently discovered that workers 
     who had been smuggled into this country were making garments 
     in sweatshops where they were forced to work long hours under 
     extremely poor working conditions for less than the minimum 
     wage. As a result, this research was conducted to determine: 
     Whether respondents would avoid shopping at retailers if 
     aware they sold garments made in sweatshops; Whether 
     respondents would be more inclined to shop in retail stores 
     cooperating with law enforcement officials to prevent 
     sweatshops; Whether respondents would be willing to pay $1 
     more for a $20 garment if it were guaranteed to be made in a 
     legitimate shop, and; Whether respondents would be more 
     likely this holiday season to shop in retail stores on a 
     forthcoming list of retailers assisting authorities in their 
     effort to end abuse of United States garment workers. Whether 
     the manufacturers or the retailers should have the 
     responsibility of preventing sweatshops.


                          research methodology

       The research entailed a telephone interview insert in ICR 
     Survey Research Group's EXCEL Omnibus. EXCEL includes a 
     national random sample of approximately 1,000 adults (18+), 
     half male and half female.
       Interviewing was conducted from Friday, October 27 through 
     Tuesday, October 31. A total of 1008 interviews were 
     completed. Data has been weighted to reflect the U.S. 
     population 18 years of age and older (188,700,000).


               in a nutshell . . . here are the findings

                Retailers--beware of sweatshop garments

       Americans overwhelmingly support the idea of officials 
     publishing a list of retailers who assist law enforcement 
     agencies in their effort to end abuse of United States 
     garment workers. Seven-in-ten respondents indicate they would 
     be more likely to shop at the stores this holiday season that 
     cooperate to end garment worker abuse. Consumers are willing 
     to pay a price for assurances that goods they buy are not 
     made in sweatshops. 84% of consumers would pay an additional 
     $1 on a $20 item if they knew the garment was guaranteed to 
     be made in a legitimate shop.
       Most Americans (76%) blame the existence of sweatshops on 
     the manufacturers who employ the contractors or workers. 
     However, if consumers knew a retailer sold garments that were 
     made in sweatshops, nearly eight-in-ten would avoid shopping 
     there. As the holiday season starts to kick-off, retailers 
     would be wise to ensure their garments were in fact made in 
     legitimate shops. Given the potential for enticing customers 
     with legitimately made garments, and the potential for losing 
     customers if caught selling sweatshop-made garments, 
     promoting legitimately made garments provides a strategic 
     business opportunity for retailers.
                                 ______
                                 
      By Mr. ALLARD:
  S. 555. A bill to amend the Solid Waste Disposal Act to require that 
at least 85 percent of funds appropriated to the Environmental 
Protection Agency from the Leaking Underground Storage Tank Trust Fund 
be distributed to States to carry out cooperative agreements for 
undertaking corrective action and for enforcement of subtitle I of that 
Act; to the Committee on Environment and Public Works.


 THE LEAKING UNDERGROUND STORAGE TANK TRUST FUND AMENDMENTS ACT OF 1997

  Mr. ALLARD. Mr. President, today I am introducing, The Leaking 
Underground Storage Tank Trust Fund Amendments Act of 1997. This 
legislation, if enacted, would change who controls the bulk of the 
money from the trust fund, and the purposes for which the money can be 
spent. The legislation is simple, it mandates that 85 percent of the 
money in the trust fund must be allocated to the States. It's my view 
that since the States are responsible for the bulk of underground 
storage tank enforcement and cleanup, they should have greater control 
over the dollars.
  This legislation also broadens the purposes for which trust fund 
dollars can be spent. Under this legislation States would have the 
authority to use the funds to meet the greater demand for cleanup.
  There has been some concern expressed about how trust fund money has 
been targeted up to this point. For example, since inception of the 
program only 1 percent of the money has been used for actual cleanup of 
orphan tanks. The other 99 percent has gone to administration and 
enforcement. I think there should be some discussion on whether this 
money can be spent with greater environmental benefit. Instead of 
targeting 99 percent to administration and enforcement, perhaps it 
would be a better idea to help owners and operators who need financial 
assistance to handle their problem. Since the money for assistance 
would come from a dedicated tax, and not the general fund, why not get 
as big an environmental bang for the buck as possible. By taking this 
action we may also be able to have more appropriated out of the trust 
fund every year. As some may be aware, only a small portion of the $1.5 
billion in the trust fund

[[Page S3033]]

is appropriated every year. If we can show that the money being 
appropriated is directly cleaning up tanks, we can certainly make a 
better claim for those dollars.
  Finally, I understand that EPA and some Members have concerns with 
this legislation. I think that working with Chairman Smith and Chairman 
Chafee, and their staffs, we can craft legislation that will be signed 
into law.
                                 ______
                                 
      By Mr. INHOFE (for himself, Mr. Hutchinson, Mr. Helms, Mr. 
        Cochran, Mr. Nickles, and Mr. Sessions):
  S. 556. A bill to provide for the allocation of funds from the Mass 
Transit Account of the Highway Trust Fund, and for other purposes; to 
the Committee on Banking, Housing, and Urban Affairs.


                        mass transit legislation

  Mr. INHOFE. Mr. President, I rise today to introduce legislation that 
attempts to level the playing field for transit donor States across the 
country. In addition to myself, Senators Tim Hutchinson, Helms, 
Cochran, Nickles, and Sessions are all original cosponsors.
  Federal Transit dollars are distributed according to the Federal 
Transit Act as amended by the Intermodal Surface Transportation 
Efficiency Act [ISTEA]. Similar to highway dollars, transit dollars are 
collected at the gas pump and are distributed by both formula and 
discretionary grants.
  States such as Oklahoma that do not receive back all of the revenues 
that they send to the Federal mass transit account are considered donor 
States. Unfortunately, these States are not getting nearly as much back 
in Federal funding as they contribute. In 1995, Oklahoma contributed 
about $30 million and only received back about $8 million from the mass 
transit account of the highway trust fund. This inequity allows for 
States with more urban centers to receive more dollars back than they 
actually contribute to the Federal account. Basically, donor States are 
subsidizing large metropolitan areas with the portion of the funds that 
we never get back. This puts smaller and rural areas at a disadvantage 
in trying to maintain transit systems whether it be buses or light 
rail. Rural areas are, too, interested in conserving fuel and 
contributing to better air quality.
  My proposal is designed to address this critical transit problem as 
we move deeper into the ISTEA reauthorization debate. Under my bill, 
each State that contributes $50 million or less into the Federal Mass 
Transit Account will be guaranteed to receive back no less than 80 
percent of its apportionment.
  States should reasonably be able to expect that local dollars will be 
used for local transit needs. A large portion of Oklahoma-generated 
revenues should be remitted back to our State to provide for improved 
public transportation in Oklahoma--not urban mass transit systems in 
other States. My bill will put equity into the mass transit 
apportionment system by returning locally generated dollars home.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 556

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. ALLOCATION OF MASS TRANSIT ACCOUNT FUNDS.

       (a) Minimum Allocation.--The Secretary of Transportation 
     shall take such actions as may be necessary to ensure that, 
     in each fiscal year, each State's percentage of the total 
     apportionments to all States from the Mass Transit Account of 
     the Highway Trust Fund established by section 9503 of the 
     Internal Revenue Code of 1986 is not less than 80 percent of 
     the State's estimated tax payment attributable to highway 
     users in the State paid into that Account in the most recent 
     year for which data are available.
       (b) Applicability.--Subsection (a) does not apply to any 
     State whose contribution to the Mass Transit Account of the 
     Highway Trust Fund established by section 9503 of the 
     Internal Revenue Code of 1986 in the applicable fiscal year 
     is greater than or equal to $50,000,000.
                                 ______
                                 
      By Mr. McCONNELL (for himself and Mr. Inhofe):
  S. 557. A bill to amend the Clean Air Act to exclude beverage alcohol 
compounds emitted from aging warehouses from the definition of volatile 
organic compounds; to the Committee on Environment and Public Works.


  the clean air act amendments distilled spirits clarification act of 
                                  1997

  Mr. McCONNELL. Mr. President, today I rise to introduce legislation 
which will correct an oversight in the Clean Air Act Amendments of 
1990. This legislation will clarify the treatment under the act of 
beverage alcohol compounds emitted from aging warehouses.
  Under the current statute, EPA classifies beverage alcohol emissions 
(ethanol) as a volatile organic compound [VOC]. VOC's react in the 
atmosphere to form ozone. Ethanol, however, has been proven to play an 
insignificant role in ozone formation because of its low reactivity.
  Despite scientific evidence proving the minimal value of these 
controls (at exorbitant cost) the EPA has wrongly refused repeated 
requests regarding removal of restrictions on beverage distillation. If 
control technology is implemented, this would mean process changes in 
the historical aging process that makes each beverage unique.
  Aging is arguably one of the most important components of the 
production process. For example, Bourbon whisky, which is a distinctive 
product of the United States, and Kentucky, must be aged at least 2 
years in wooden barrels according to Federal regulation. This process 
involves natural oxidation which requires the passage of air and 
ethanol vapors into and out of the barrels. Any effort to alter this 
natural aging process through controls on temperature, ventilation 
patterns, and humidity, could change the actual physical properties of 
Bourbon whisky, thus altering the distinguishing taste associated with 
certain brands.
  Mr. President, I agree that we must protect the environment that we 
all share. However, when extremist, inflexible regulation threatens an 
entire industry at minimal, if any, environmental return, we must 
reevaluate our priorities. I urge my colleagues to join me in restoring 
a little sanity to our regulatory process.
  I ask unanimous consent for the bill to be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
record, as follows:

                                 S. 557

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. DEFINITION OF VOLATILE ORGANIC COMPOUNDS.

       Section 302(s) of the Clean Air Act (42 U.S.C. 7602(s)) is 
     amended by adding the following at the end thereof: ``Such 
     term shall not include beverage alcohol compounds (ethanol) 
     emitted from aging warehouses.''.
                                 ______
                                 
      By Mr. BIDEN (for himself and Mr. Grassley):
  S. 558. A bill to provide for a study and report regarding the 
potential recruitment, hiring, or retention of qualified former 
officers of the Royal Hong Kong Police by Federal law enforcement 
agencies; to the Committee on the Judiciary.


       THE ROYAL HONG KONG POLICE ANTICRIME STRATEGY ACT OF 1997

  Mr. BIDEN. Mr. President, the forthcoming reversion of Hong Kong to 
Chinese control is, as a matter of diplomacy, the mere implementation 
of a diplomatic agreement between the United Kingdom and the government 
of the People's Republic of China.
  But it is, of course, far more complicated, and its implications far 
more profound. The challenges ahead are many. Will Beijing abide by the 
rule of law and uphold its commitment to the United Kingdom and the 
people of Hong Kong to ``one country, two systems?'' Will America and 
the major powers have the political will to challenge China should they 
renege on their commitments?
  Nowhere are the challenges of reversion greater than for United 
States law enforcement--for Hong Kong has long been a center of the 
international criminal organizations which control the trade in Asian 
heroin, money laundering is on the rise, and there are a host of other 
law enforcement problems.
  Here in the United States, we see the related problems of Asian 
organized crime, or Tongs, heroin trafficking from Asia through Hong 
Kong, alien smuggling, arms trafficking, and the

[[Page S3034]]

use of Hong Kong as a money laundering center for criminals. 
Unfortunately, the capacity of U.S. law enforcement to respond to this 
threat is limited by the fact that we simply do not have enough agents 
with the language skills, intelligence background and contacts to 
infiltrate Asian organized crime.
  This is why I am introducing today the Royal Hong Kong Police 
Anticrime Strategy Act of 1997. I am pleased to be joined in doing so 
by Senator Grassley, my colleague on the Senate International Caucus on 
Narcotics Control.
  This legislation seeks to take advantage of a potential opportunity--
even in the face of all the challenges which will come with the 
reversion of Hong Kong. To describe in simplest terms the opportunity--
as officers of the Royal Hong Kong Police leave their force, U.S. law 
enforcement agencies may be able to bolster our anti-drug, money 
laundering, alien smuggling and Asian organized crime capabilities with 
the unique knowledge of the former officers of the Royal Hong Kong 
Police.

  For example, it could be of significant value to federal law 
enforcement to simply retain on a one-time or continuing basis former 
Royal Hong Kong Police personnel to use them to help build a major 
Asian-Crime investigative database. Such a database could form the 
backbone of U.S. investigations in the years to come. I offer this 
simply as a means to illustrate to my Senate colleagues the potential 
law enforcement benefits of this legislation. Of course, the best uses 
must be decided by the law enforcement professionals within the Justice 
and Treasury Departments.
  I also point out that I have long worked on this issue--beginning 
with a hearing with the FBI on the issue of Asian organized crime way 
back in August, 1990. My January 1992 drug strategy also called on the 
Bush Administration to determine if these police officers could be of 
assistance. In fact, a DEA operation began in 1992 which used some 
retired Royal Hong Kong Police in a very limited capacity to provide 
translation services to support investigations of Asian heroin 
trafficking.
  I was also pleased to include a provision offered by Senator Roth in 
the 1994 Biden Crime Bill to study this issue--unfortunately, this 
provision was dropped from the final agreement due to opposition in the 
House.
  But, today, with the continuing rise of the heroin trade, I am 
reiterating my call for us to address this issue. The legislation I 
offer today calls on the Attorney General and the Treasury Secretary to 
report to Congress on the need and potential benefits--as well as any 
potential security or administrative problems--of adding former 
officers of the Royal Hong Kong Police to our federal law enforcement 
agencies.
  And, if the benefits exist, this legislation authorizes the addition 
of up to 200 former officers to assist in the investigation of 
international drug trafficking, alien smuggling, money laundering and 
organized crime undertaken by the Justice and Treasury Departments.
  Mr. President, preparing for the reversion of Hong Kong primarily 
means preparing for the challenges ahead--but it also requires us to 
recognize the opportunities ahead. Taking advantage of this opportunity 
is what the ``Royal Hong Kong Police Anticrime Act of 1997'' is all 
about.
  I ask unanimous consent that the full text of the legislation appear 
in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 558

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Royal Hong Kong Police 
     Anticrime Strategy Act of 1997''.

     SEC. 2. ROYAL HONG KONG POLICE ANTICRIME STRATEGY.

       (a) Definitions.--In this section--
       (1) the term ``Attorney General'' means the Attorney 
     General of the United States;
       (2) the term ``controlled substance'' has the same meaning 
     as in section 102 of the Controlled Substances Act (21 U.S.C. 
     802);
       (3) the term ``Federal law enforcement agency'' includes--
       (A) the Drug Enforcement Administration of the Department 
     of Justice;
       (B) the Federal Bureau of Investigation of the Department 
     of Justice;
       (C) the Immigration and Naturalization Service of the 
     Department of Justice;
       (D) the Bureau of Alcohol, Tobacco, and Firearms of the 
     Department of the Treasury; and
       (E) the United States Customs Service of the Department of 
     the Treasury;
       (F) the United States Secret Service of the Department of 
     the Treasury; and
       (G) any other department or agency of the Federal 
     Government that is authorized to engage in or supervise the 
     prevention, detection, investigation, or prosecution of any 
     violation of Federal law;
       (4) the term ``qualified former officer of the Royal Hong 
     Kong Police'' means any individual employed by the Royal Hong 
     Kong Police on or before June 30, 1997, who--
       (A) during that period of employment, was authorized to 
     engage in or supervise the prevention, detection, 
     investigation, or prosecution of criminal law;
       (B) in the determination of the Attorney General and the 
     Secretary of the Treasury, does not constitute a law 
     enforcement, national security, or other threat to the 
     interest of the United States; and
       (C) meets such other requirements as the Attorney General 
     and the Secretary of the Treasury may establish.
       (b) Study and Report.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Attorney General and the Secretary 
     of the Treasury shall--
       (A) conduct a study regarding the potential recruitment, 
     hiring, or retention of qualified former officers of the 
     Royal Hong Kong Police by Federal law enforcement agencies to 
     assist those agencies in the prevention, detection, 
     investigation, or prosecution of Federal criminal offenses; 
     and
       (B) submit to the Committees on the Judiciary of the Senate 
     and the House of Representatives a report describing the 
     results of the study under subparagraph (A).
       (2) Consultation.--The Attorney General and the Secretary 
     of the Treasury--
       (A) shall consult with the Director of the Office of 
     National Drug Control Policy of the Executive office of the 
     President in conducting the study under paragraph (1)(A); and
       (B) shall include any recommendations of the Director in 
     the report submitted under paragraph (1)(B).
       (3) Contents of Report.--To the maximum extent practicable, 
     in addition to such information as may be included at the 
     discretion of the Attorney General and the Secretary of the 
     Treasury, the report under paragraph (1)(B) shall include an 
     analysis of--
       (A) the potential benefits of recruiting, hiring, or 
     retaining qualified former officers of the Royal Hong Kong 
     Police by Federal law enforcement agencies to assist or 
     otherwise support those agencies the prevention, detection, 
     investigation, or prosecution of Federal criminal offenses, 
     including--
       (i) illegal international and domestic trafficking of 
     controlled substances, including any violation of section 
     401(b)(1)(A) of the Controlled Substances Act (21 U.S.C. 
     841(b)(1)(A));
       (ii) illegal immigration, including the smuggling of 
     illegal immigrants;
       (iii) illegal international arms trafficking; and
       (iv) any violation of section 1956 of title 18, United 
     States Code;
       (B) any special knowledge or capabilities that qualified 
     former officers of the Royal Hong Kong Police would 
     potentially provide to Federal law enforcement agencies, such 
     as translation or linguistic support, including an assessment 
     of the extent to which such knowledge and capabilities are 
     available domestically;
       (C) any legal or administrative barriers that may prevent 
     the recruitment, hiring, or retention of qualified former 
     officers of the Royal Hong Kong Police by Federal law 
     enforcement agencies and, if necessary, recommendations for 
     legislation to address those barriers; and
       (D) any potential security issues that would be raised by 
     the hiring of qualified former officers of the Royal Hong 
     Kong Police by Federal law enforcement agencies and, if 
     necessary, the potential for minimizing any security risks 
     through deployment in support or other capacities.
       (c) Certification.--Not later than 30 days after the date 
     on which the report is submitted under subsection (b)(1)(B)--
       (1) if the Attorney General determines, based on the 
     results included in that report, that the recruitment, 
     hiring, or retention of qualified former officers of the 
     Royal Hong Kong Police would be of significant assistance to 
     Federal law enforcement, the Attorney General shall so 
     certify to Congress; and
       (2) if the Secretary of the Treasury determines, based on 
     the results included in that report, that the recruitment, 
     hiring, or retention of qualified former officers of the 
     Royal Hong Kong Police would be of significant assistance to 
     Federal law enforcement, the Secretary of the Treasury shall 
     so certify to Congress.
       (d) Authorization of Appropriations.--
       (1) Fiscal year 1998.--There are authorized to be 
     appropriated for fiscal year 1998 such sums as may be 
     necessary to carry out subsection (b)(1).
       (2) Succeeding fiscal years.--If--
       (A) the Attorney General makes a certification under 
     subsection (c)(1), there are authorized to be appropriated 
     such sums as may be necessary for each of the fiscal years

[[Page S3035]]

     1998, 1999, 2000, and 2001 for the purposes of recruiting, 
     hiring, or retaining not more than 100 qualified former 
     officers of the Royal Hong Kong Police to support the 
     activities of the Department of Justice; and
       (B) the Secretary of the Treasury makes a certification 
     under subsection (c)(2), there are authorized to be 
     appropriated such sums as may be necessary for each of the 
     fiscal years 1998, 1999, 2000, and 2001 for the purposes of 
     recruiting, hiring, or retaining not more than 100 qualified 
     former officers of the Royal Hong Kong Police to support the 
     activities of the Department of the Treasury.

  Mr. GRASSLEY. Mr. President, I am pleased to join Senator Biden in 
offering the Royal Hong Kong Police Anticrime Strategy Act of 1997. As 
the recent State Department report on international narcotics control 
makes clear, the criminal activities of major Asian organized crime 
groups directly affects the United States. Whether we are talking about 
alien smuggling, heroin trafficking, or spreading corruption, major 
Asian-based gangs, many operating from Hong Kong, daily affect the 
quality of life of many of our citizens. Their activities to launder 
their illegal incomes threatens the integrity of our banking and 
financial systems.
  With the transfer of Hong Kong to China, much of the current 
expertise on these criminal organizations now based in the Royal Hong 
Kong Police will be lost. What this legislation will do, and it is only 
a first step, is to give us the opportunity to examine ways of 
retaining that expertise, of putting it to use in our efforts to stop a 
despicable trade in human beings and to improve our capability to stop 
the flow of dangerous drugs that do so much to make our neighborhoods 
and streets unsafe. The proposal is innovative and timely. While only 
authorizing a study, the present proposal will give us the opportunity 
to explore ways to ensure the effectiveness of our international 
narcotics control efforts.
                                 ______
                                 
      By Mr. DASCHLE (for himself and Mr. Kennedy) (by request):
  S. 559. A bill to amend the Internal Revenue Code of 1986 to provide 
tax relief to middle-income families who are struggling to pay for 
college, to amend the Higher Education Act of 1965 to provide 
significantly increased financial aid for needy students, provide 
universal access to postsecondary education, reduce student loan costs 
while improving student loan benefits, to streamline the Federal Family 
Education Loan Program, and for other purposes; to the Committee on 
Finance.
  S. 560. A bill to amend the Higher Education Act of 1965 to provide 
significantly increased financial aid for needy students, provide 
universal access to postsecondary education, reduce student loan costs 
while improving student loan benefits, to streamline the Federal Family 
Education Loan Program, and for other purposes; to the Committee on 
Labor and Human Resources.


    the hope and opportunity for postsecondary education act of 1997

  Mr. DASCHLE. Mr. President, on behalf of the administration, I am 
introducing, with Senator Kennedy, the Hope and Opportunity for 
Postsecondary Education [HOPE] Act of 1997. This legislation includes 
the President's higher education tax and spending proposals to help 
make a college education more affordable for American families.
  During the last decade, college costs have soared. Federal student 
aid programs have been instrumental in helping many people get a good 
education. But aid to students has not kept pace with the cost. In the 
1970's, Pell grants made up 77 percent of the cost of going to college; 
today they make up only about 30 percent of the cost. Many of these 
students, and those who don't qualify for assistance, are taking on 
larger and larger amounts of debt. This has many consequences both for 
the student and for the Nation. Concerns about high levels of 
indebtedness affects students' choices about where to go to school or 
what to study and, for some, makes it impossible to get a degree at 
all. This means we are not developing the talents of our people to the 
fullest, and that has significant costs for our Nation.
  Access to higher education is clearly the key to our future. Not only 
do we know that those who attend college earn higher incomes, but 
having a well-educated work force is also important for our Nation's 
overall economic growth and ability to compete in the global 
marketplace.
  I applaud the President for his initiatives in this area--his plan is 
a good and thoughtful one. He deserves a lot of credit for taking on 
this important issue and insisting that it be part of the national 
agenda. His bill helps people from a wide range of backgrounds who need 
help, from middle-class families who are struggling to make ends meet 
to people from low-income families who are trying to escape poverty and 
make decent lives for themselves. He does this by increasing the 
maximum Pell grant to $3,000 and he reduces student loan interest 
costs.
  I do want to say that I have some concerns about aspects of this 
bill. I believe we have an important opportunity to help lower income 
people further by making the tax credit be refundable. We did that in 
S. 12, legislation introduced earlier this year by Senate Democrats. I 
also believe that we should allow the credit to be combined with other 
aid, again as we did in S. 12.
  Despite these concerns, I am pleased to introduce this legislation 
for the administration, because I believe it helps us move forward to 
find ways to improve the affordability of education in this country.
  This is not a partisan issue: all families worry about the cost of 
college. We ought to find common ground to make a college education 
more affordable. It's time to hold hearings so that we can examine 
these issues and advance the public dialog. Higher education is too 
important to the future of this Nation to divide us. I am committed to 
this goal and look forward to working with my colleagues on the other 
side of the aisle to find solutions to this problem.
  Senator Kennedy and I are also introducing, by request, a separate 
piece of legislation that includes the non-tax-related provisions of 
the HOPE legislation. We are doing this because, historically, these 
programs have been in the Labor Committee's jurisdiction, and we want 
to make sure the Labor Committee considers them fully.
  Mr. President, I ask unanimous consent that the administration's 
letter of transmittal, and a section-by-section analysis of the HOPE 
legislation be printed in the Record.
  Mr. President, I ask unanimous consent that additional material be 
printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                 S. 559

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled, That this 
     Act may be cited as the ``Hope and Opportunity for 
     Postsecondary Education Act of 1997''.

                        TITLE I--TAX PROVISIONS


         short title; amendment of 1986 code; table of contents

       Sec. 101. (a) Short Title.--This title may be cited as the 
     ``Higher Education Tax Incentive Act of 1997''.
       (b) Amendment of 1986 Code.--Except as otherwise expressly 
     provided, whenever in this title an amendment or repeal is 
     expressed in terms of an amendment to, or repeal of, a 
     section or other provision, the reference shall be considered 
     to be made to a section or other provision of the Internal 
     Revenue Code of 1986.
       (c) Table of Contents.--

                        TITLE I--TAX PROVISIONS

Sec. 101. Short title; amendment of 1986 code; table of contents.
Sec. 102. Credit for higher education expenses.
Sec. 103. Deduction for higher education expenses.
Sec. 104. Treatment of cancellation of certain student loans.
Sec. 105. Employer-provided educational assistance programs.
Sec. 106. Small business educational assistance credit.


                  credit for higher education expenses

       Sec. 102. (a) In General.--Subpart A of part IV of 
     subchapter A of chapter 1 (relating to nonrefundable personal 
     credits) is amended by inserting after section 24 the 
     following new section:

     ``SEC. 24A. HIGHER EDUCATION TUITION AND FEES.

       ``(a) Allowance of Credit.--In the case of an individual, 
     there shall be allowed as a credit against the tax imposed by 
     this chapter for the taxable year the amount of qualified 
     higher education expenses paid by the taxpayer during such 
     taxable year for education furnished during any academic 
     period beginning in such year.
       ``(b) Limitations.--
       ``(1) Dollar limitation.--
       ``(A) In general.--The amount allowed as a credit under 
     subsection (a) for any taxable

[[Page S3036]]

     year with respect to the qualified higher education expenses 
     of any 1 individual shall not exceed $1,500.
       ``(B) Reduction for other nontaxable federal assistance.--
       ``(i) In general.--If any nontaxable Federal assistance is 
     allocable to any academic period, the dollar amount 
     applicable under subparagraph (A) for the taxable year in 
     which such period begins shall be reduced by the amount of 
     such assistance.
       ``(ii) Nontaxable federal assistance.--For purposes of 
     clause (i), the term `nontaxable Federal assistance' means 
     any scholarship or grant provided by the Federal Government 
     which is exempt from tax under this chapter by reason of 
     section 117 or any other Federal law. Such term shall not 
     include any benefit described in section 480(c)(2) of the 
     Higher Education Act of 1965 (20 U.S.C. 1087vv(c)(2)), as in 
     effect on the date of enactment of this section.
       ``(2) Credit allowed for only 2 taxable years.--No credit 
     shall be allowed under subsection (a) for a taxable year with 
     respect to the qualified higher education expenses of an 
     individual unless the taxpayer elects to have this section 
     apply with respect to such individual for such year. An 
     election under this paragraph shall not take effect with 
     respect to an individual for any taxable year if an election 
     under this paragraph (by the taxpayer or any other 
     individual) is in effect with respect to such individual for 
     any 2 prior taxable years.
       ``(3) Credit allowed for year only if individual is at 
     least \1/2\ time student for portion of year.--No credit 
     shall be allowed under subsection (a) for a taxable year with 
     respect to the qualified higher education expenses of an 
     individual unless such individual is an eligible student for 
     at least one academic period which begins during such year.
       ``(4) Credit allowed only for first two years of 
     postsecondary education.--No credit shall be allowed under 
     subsection (a) for a taxable year with respect to the 
     qualified higher education expenses of an individual if the 
     individual has completed (before the beginning of such 
     taxable year) the first 2 years of postsecondary education at 
     an institution of higher education.
       ``(c) limitation Based on Modified Adjusted Gross Income.--
       ``(1) In general.--The amount which would (but for this 
     subsection) be taken into account under subsection (a) for 
     the taxable year shall be reduced (but not below zero) by the 
     amount determined under paragraph (2).
       ``(2) Amount of reduction.--The amount determined under 
     this paragraph is the amount which bears the same ratio to 
     the amount which would be so taken into account as--
       ``(A) the excess of--
       ``(i) the taxpayer's modified adjusted gross income for 
     such taxable year, over
       ``(ii) $50,000 ($80,000 in the case of a joint return), 
     bears to
       ``(B) $20,000.
       ``(3) Modified adjusted gross income.--The term `modified 
     adjusted gross income' means the adjusted gross income of the 
     taxpayer for the taxable year--
       ``(A) determined without regard to section 221, and
       ``(B) increased by any amount excluded from gross income 
     under section 911, 931, or 933.
       ``(d) Definitions.--For purposes of this section--
       ``(1) Qualified higher education expenses.--
       ``(A) In general.--The term `qualified higher education 
     expenses' means tuition and fees required for the enrollment 
     or attendance of--
       ``(i) the taxpayer,
       ``(ii) the taxpayer's spouse, or
       ``(iii) any dependent of the taxpayer with respect to whom 
     the taxpayer is allowed a deduction under section 151,

     at an institution of higher education.
       ``(B) Exception for education involving sports, etc.--Such 
     term does not include expenses with respect to any course or 
     other education involving sports, games, or hobbies, unless 
     such course or other education is part of the individual's 
     degree program.
       ``(C) Exception for nonacademic fees.--Such term does not 
     include student activity fees, athletic fees, insurance 
     expenses, or other expenses unrelated to an individual's 
     academic course of instruction.
       ``(2) Institution of higher education.--The term 
     ``institution of higher education' means an institution--
       ``(A) which is described in section 481 of the Higher 
     Education Act of 1965 (20 U.S.C. 1088), as in effect on the 
     date of the enactment of this section, and
       ``(B) which is eligible to participate in a program under 
     title IV of such Act.
       ``(3) Eligible student.--The term `eligible student' means, 
     with respect to any academic period, a student who--
       ``(A) meets the requirements of section 484(a)(1) of the 
     Higher Education Act of 1965 (20 U.S.C. 1091(a)(1), as in 
     effect on the date of the enactment of this section, and
       ``(B) is carrying at least \1/2\ the normal full-time work 
     load for the course of study the student is pursuing.
       ``(4) Other terms relating to the higher education act.--
     The following terms shall have the meanings prescribed in 
     regulations under section 481(g) of the Higher Education Act 
     of 1965 (20 U.S.C. 1088(g)), as added by the Student 
     Financial Aid Improvements Act of 1997:
       ``(A) Academic period.
       ``(B) Normal full-time workload.
       ``(C) First two-years of postsecondary education.
       ``(D) Qualifying grade point average.
       ``(E) Job skills and new job skills.
       ``(e) Treatment of Expenses Paid by Dependent.--If a 
     deduction under section 151 with respect to an individual is 
     allowed to another taxpayer for a taxable year beginning in 
     the calendar year in which such individual's taxable year 
     begins--
       ``(1) no credit shall be allowed under subsection (a) to 
     such individual for such individual's taxable year, and
       ``(2) qualified higher education expenses paid by such 
     individual during such individual's taxable year shall be 
     treated for purposes of this section as paid by such other 
     taxpayer.
       ``(f) Treatment of Certain Prepayments.--If qualified 
     higher education expenses are paid by the taxpayer during a 
     taxable year for an academic period which begins during the 
     first 3 months following such taxable year, such academic 
     period shall be treated for purposes of this section as 
     beginning during such taxable year.
       ``(g) Special Rules.--
       ``(1) Denial of credit if individual convicted of drug 
     offense.--No credit shall be allowed under subsection (a) 
     with respect to the qualified higher education expenses of an 
     individual for any taxable year if the individual has been 
     convicted before the end of such year of a Federal or State 
     felony offense consisting of the possession or distribution 
     of a controlled substance.
       ``(2) Denial of Credit if Individual Fails to Satisfy Grade 
     Point Average Requirement.--If an election was in effect 
     under this section with respect to the qualified higher 
     education expenses of an individual for any taxable year, no 
     credit shall be allowed under subsection (a) with respect to 
     qualified higher education expenses of such individual for a 
     succeeding taxable year if the individual does not have a 
     qualifying grade point average for all courses at an 
     institution of higher education for academic periods ending 
     before the beginning of such succeeding taxable year. Such 
     average shall be determined without regard to--
       ``(A) courses taken while attending high school, and
       ``(B) courses referred to in subsection (d)(1)(B).
       ``(3) No double benefit.--No credit shall be allowed under 
     subsection (a) for any taxable year for any expense--
       ``(A) with respect to an individual if a deduction is 
     allowed under section 221 for the taxable year for any 
     expense with respect to such individual, or
       ``(B) for which a deduction is allowed under any other 
     provision of this chapter.
       ``(4) Identification requirement.--No credit shall be 
     allowed under subsection (a) to a taxpayer with respect to 
     the qualified higher education expenses of an individual 
     unless the taxpayer includes the name and taxpayer 
     identification number of such individual on the return of tax 
     for the taxable year.
       ``(5) Adjustment for certain scholarships.--The amount of 
     qualified higher education expenses otherwise taken into 
     account under subsection (a) with respect to an individual 
     for an academic period shall be reduced (before the 
     application of subsections (b) and (c)) by the sum of--
       ``(A) any amounts paid for the benefit of such individual 
     which are allocable to such period as--
       ``(i) a qualified scholarship which is excludable from 
     gross income under section 117,
       ``(ii) an educational assistance allowance under chapter 
     30, 31, 32, 34, or 35 of title 38, United States Code, or 
     under chapter 1606 of title 10, United States Code,
       ``(iii) a payment which is excludable from gross income 
     under section 127, or
       ``(iv) a payment (other than a gift, bequest, devise, or 
     inheritance within the meaning of section 102(a)) for such 
     individual's educational expenses, or attributable to such 
     individual's enrollment at an institution of higher 
     education, which is excludable from gross income under any 
     law of the United States, and
       ``(B) the amount excludable from gross income under section 
     135 which is allocable to such expenses with respect to such 
     individual for such period.
       ``(6) No credit for married individuals filings separate 
     returns.--If the taxpayer is a married individual (within the 
     meaning of section 7703), this section shall apply only if 
     the taxpayer and the taxpayer's spouse file a joint return 
     for the taxable year.
       ``(7) Nonresident aliens.--If the taxpayer is a nonresident 
     alien individual for any portion of the taxable year, this 
     section shall apply only if such individual is treated as a 
     resident alien of the United States for purposes of this 
     chapter by reason of an election under subsection (g) or (h) 
     of section 6013.
       ``(h) Inflation Adjustments.--
       ``(1) Dollar limitation on amount of credit.--
       ``(A) In general.--In the case of a taxable year beginning 
     after 1997, the $1,500 amount in subsection (b)(1)(A) shall 
     be increased by an amount equal to--
       ``(i) such dollar amount, multiplied by
       ``(ii) the cost-of-living adjustment determined under 
     section 1(f)(3) for the calendar year in which the taxable 
     year begins, determined by substituting `calendar year 1996' 
     for `calendar year 1992' '' in subparagraph (B) thereof.
       ``(B) Rounding.--If any amount as adjusted under 
     subparagraph (A) is not a multiple of

[[Page S3037]]

     $50, such amount shall be rounded to the next lowest multiple 
     of $50.
       ``(2) Income limits.--
       ``(A) In general.--In the case of a taxable year beginning 
     after 2,000, the $50,000 and $80,000 amounts in subsection 
     (c)(2) and section 221(b)(2)(B)(i)(II) shall each be 
     increased by an amount equal to--
       ``(i) such dollar amount, multiplied by
       ``(ii) the cost-of-living adjustment determined under 
     section 1(f)(3) for the calendar year in which the taxable 
     year begins, determined by substituting `calendar year 1999' 
     for `calendar year 1992' in subparagraph (B) thereof.
       ``(B) Rounding.--If any amount as adjusted under 
     subparagraph (A) is not a multiple of $5,000, such amount 
     shall be rounded to the next lowest multiple of $5,000.
       ``(i) Regulations.--The Secretary may prescribe such 
     regulations as may be necessary or appropriate to carry out 
     this section, including regulations providing for a recapture 
     of credit allowed under this section in cases where there is 
     a refund in a subsequent taxable year of any amount which was 
     taken into account in determining the amount of such 
     credit.''
       (b) Extension of Procedures Applicable to Mathematical or 
     Clerical Errors.--Paragraph (2) of section 6213(g) (relating 
     to the definition of mathematical or clerical errors) is 
     amended by striking ``and'' at the end of subparagraph (G), 
     by striking the period at the end of subparagraph (H) and 
     inserting ``, and'', and by inserting after subparagraph 
     (H) the following new subparagraph:
       ``(I) an omission of a correct TIN required under section 
     24A(g)(4) or under section 221(d)(2)(A) (relating to higher 
     education tuition and fees) to be included on a return.''
       (c) Returns Relating to Higher Education Expenses.--
       (1) In general.--Subpart B of part III of subchapter A of 
     chapter 61 (relating to information concerning transactions 
     with other persons) is amended by inserting after section 
     6050R the following new section:

     ``SEC. 6050S. RETURNS RELATING TO HIGHER EDUCATION EXPENSES.

       ``(a) In General.--Any person--
       ``(1) which is an institution of higher education which 
     receives payments for qualified higher education expenses 
     with respect to any individual for any calendar year, or
       ``(2) which is engaged in a trade or business which, in the 
     course of such trade or business makes payments during any 
     calendar year to any individual which constitute 
     reimbursements or refunds (or similar amounts) of qualified 
     higher education expenses of such individual,

     shall make the return described in subsection (b) with 
     respect to the individual at such time as the Secretary may 
     be regulations prescribe.
       ``(b) Form and Manner of Returns. A return is described in 
     this subsection if such return--
       ``(1) is in such form as the Secretary may prescribe,
       ``(2) contains--
       ``(A) the name, address, and TIN of the individual with 
     respect to whom payments described in subsection (a) were 
     received from (or were paid to),
       ``(B) the name, address, and TIN of any individual 
     certified by the individual described in subparagraph (A) as 
     the taxpayer who will claim the individual as a dependent for 
     purposes of the deduction allowable under section 151 for any 
     taxable year ending with or within the calendar year,
       ``(C) the--
       ``(i) aggregate amount of payments for qualified higher 
     education expenses received with respect to the individual 
     described in subparagraph (A) during the calendar year, and
       ``(ii) aggregate amount of reimbursements or refunds (or 
     similar amounts) paid to such individual during the calendar 
     year,
       ``(D) the aggregate amount of nontaxable Federal assistance 
     received respect to the individual described in subparagraph 
     (A) during the calendar year, and
       ``(E) such other information as the Secretary may 
     prescribe.
       ``(c) Application to Government Units.--For purposes of 
     this section--
       ``(1) a governmental unit or any agency or instrumentality 
     thereof shall be treated as a person, and
       ``(2) any return required under subsection (a) by such 
     governmental entity shall be made by the officer or employee 
     appropriately designated for the purpose of making such 
     return.
       ``(d) Statements To Be Furnished to Individuals With 
     Respect to Whom Information Is Required.--Every person 
     required to make a return under subsection (a) shall furnish 
     to each individual whose name is required to be set forth in 
     such return under subparagraph (A) or (B) of subsection 
     (b)(2) a written statement showing--
       ``(1) the name, address, and phone number of the 
     information contact of the person required to make such 
     return, and
       ``(2) the aggregate amounts described in subparagraphs (C) 
     and (D) of subsection (b)(2).

     The written statement required under the preceding sentence 
     shall be furnished on or before January 31 of the year 
     following the calendar year for which the return under 
     subsection (a) was required to be made.
       ``(e) Definitions.--For purposes of this section, the terms 
     `institution of higher education', `qualified higher 
     education expenses', and nontaxable Federal assistance' have 
     the meanings given such terms by section 24A.
       ``(f) Returns Which Would Be Required To Be Made By 2 or 
     More Persons.--Except to the extent provided in regulations 
     prescribed by the Secretary, in the case of any amount 
     received by any person on behalf of another person, only the 
     person first receiving such amount shall be required to make 
     the return under subsection (a).
       ``(g) Regulations.--The Secretary shall prescribe such 
     regulations as may be necessary to carry out the provisions 
     of this section. No penalties shall be imposed under section 
     6724 with respect to any return or statement required under 
     this section until such time as such regulations are 
     issued.''
       (2) Assessable Penalties.--Section 6724(d) (relating to 
     definitions) is amended--
       (A) by redesignating clauses (x) through (xv) as clauses 
     (xi) through (xvi), respectively, in paragraph (1)(B) and by 
     inserting after clause (ix) of such paragraph the following 
     new clause:
       ``(x) section 6050S (relating to returns relating to 
     payments for qualified higher education expenses),'', and
       (B) by striking ``or'' at the end of the next to last 
     subparagraph, by striking the period at the end of the last 
     subparagraph and inserting ``, or'', and by adding at the end 
     the following new subparagraph:
       ``(Z) section 6050S(d) (relating to returns relating to 
     qualified higher education expenses).''
       (3) Clerical Amendment.--The table of sections for Subpart 
     B of part III of subchapter A of chapter 61 is amended by 
     inserting after the item relating to section 6050R the 
     following new item:

``Sec. 6050S. Returns relating to higher education expenses.''

       (d) Clerical Amendment.--The table of sections for Subpart 
     A of part IV of subchapter A of chapter 1 is amended by 
     inserting after the item relating to section 24 the following 
     new item:

``Sec 24A Higher education tuition and fees.''

       (e) Effective Date; Sunset.--(1) Purpose.--The President's 
     budget produces balance in fiscal year 2002 under Office of 
     Management and Budget assumptions, including the permanent 
     changes in law providing tax reduction set forth in the 
     preceding portions of this section. The President's budget 
     also includes a mechanism to guarantee balance under 
     Congressional Budget Office assumptions. As a part of that 
     mechanism, the following provision sunsetting the tax 
     reduction is included, as well as specific expedited 
     procedures for reinstatement of the reduction to the extent 
     that Office of Management and Budget assumptions prove 
     correct.
       (2) The amendments made by this section shall apply to 
     expenses paid after December 31, 1996 (in taxable years 
     ending after such date), for education furnished in academic 
     periods beginning after June 30, 1997, except that no credit 
     shall be allowed under section 24A of the Internal Revenue 
     Code of 1986 for taxable years beginning after December 31, 
     2000.


                deduction for higher education expenses

       Sec. 103. (a) Deduction Allowed.--Part VII of subchapter B 
     of chapter 1 (relating to additional itemized deductions for 
     individuals) is amended by redesignating section 221 as 
     section 222 and by inserting after section 220 the following 
     new section:

     ``SEC. 221. HIGHER EDUCATION TUITION AND FEES.

       ``(a) Allowance of Deduction.--In the case of an 
     individual, there shall be allowed as a deduction the amount 
     of qualified higher education expenses paid by the taxpayer 
     during the taxable year for education furnished to the 
     taxpayer, the taxpayer's spouse, or any dependent of the 
     taxpayer with respect to whom the taxpayer is allowed a 
     deduction under section 151, as an eligible student at an 
     institution of higher education during any academic period 
     beginning in such year.
       ``(b) Limitations.--
       ``(1) Dollar limitation.--
       ``(A) (In general.--The amount allowed as a deduction under 
     subsection (a) for any taxable year shall not exceed $10,000.
       ``(B) Phase-in.--In the case of taxable years beginning in 
     1997 or 1998, subparagraph (A) shall be applied by 
     substituting `$5,000' for `$10,000'.
       ``(2) Limitation based on modified adjusted gross income.--
       ``(A) In general.--The amount which would (but for this 
     paragraph) be allowed as a deduction under subsection (a) 
     shall be reduced (but not below zero) by the amount 
     determined under subparagraph (B).
       ``(B) Amount of reduction.--The amount determined under 
     this subparagraph equals the amount which bears the same 
     ratio to the deduction (determined without regard to this 
     paragraph) as--
       ``(i) the excess of--
       ``(I) the taxpayer's modified adjusted gross income for the 
     taxable year, over
       ``(II) $50,000 ($80,000 in the case of a joint return), 
     bears to
       ``(ii) $20,000.
       ``(C) Modified adjusted gross income.--For purposes of 
     subparagraph (B), the term `modified adjusted gross income' 
     means the adjusted gross income of the taxpayer for the 
     taxable year determined--
       ``(i) without regard to this section and sections 911, 931, 
     and 933, and
       ``(ii) after the application of sections 86, 135, 219, and 
     469.


[[Page S3038]]


     For purposes of sections 86, 135, 219, and 469, adjusted 
     gross income shall be determined without regard to the 
     deduction allowed under this section.
       ``(D) Cross reference.--For inflation adjustment of $50,000 
     and $80,000 amounts, see section 24A(h).
       ``(c) Definitions.--For purposes of this section--
       ``(1) In general.--Except as provided in paragraph (2), 
     terms used in this section which are also used in section 24A 
     have the respective meanings given such terms in section 24A.
       ``(2) Deduction available for education to acquire of 
     improve job skills.--For purposes of applying this section, 
     the requirement of section 24A(d)(3) shall be treated as met 
     if--
       ``(A) the individual is enrolled in a course which enables 
     the individual to improve the individual's job skills or to 
     acquire new job skills, and
       ``(B) the individual is not enrolled in an elementary or 
     secondary school.
       ``(d) Special Rules.--
       ``(1) Denial of double benefit.--No deduction shall be 
     allowed under subsection (a) for any expense for which a 
     deduction is allowed to the taxpayer under any other 
     provision of this chapter.
       ``(2) Certain rules to apply.--Rules similar to the rules 
     of subsections (e) and (f) of section 24A, and the following 
     rules of section 24A(g), shall apply for purposes of this 
     section:
       ``(A) Paragraph (4) (relating to identification 
     requirement).
       ``(B) Paragraph (5) (relating to adjustment for certain 
     scholarships).
       ``(C) Paragraph (6) (relating to no benefit for married 
     individuals filing separate returns).
       ``(D) Paragraph (7) (relating to nonresident aliens).
       ``(3) Regulations.--The Secretary may prescribe such 
     regulations as may be necessary or appropriate to carry out 
     this section.''
       (b) Deduction Allowed in Computing Adjusted Gross Income.--
     Section 62(a) is amended by inserting after paragraph (16) 
     the following new paragraph:
       ``(17) Higher education tuition and fees.--The deduction 
     allowed by section 221.''
       (c) Conforming Amendment.--The table of sections for part 
     VII of subchapter B of chapter 1 is amended by striking the 
     item relating to section 221 and inserting:

``Sec. 221. Higher education tuition and fees.
``Sec. 222. Cross reference.''

       (d) Effective Date; Sunset.--(1) Purpose.--The President's 
     budget produces balance in fiscal year 2002 under Office of 
     Management and Budget assumptions, including the permanent 
     changes in law providing tax reduction set forth in the 
     preceding portions of this section. The President's budget 
     also includes a mechanism to guarantee balance under 
     Congressional Budget Office assumptions. As a part of that 
     mechanism, the following provision sunsetting the tax 
     reduction is included, as well as specific expedited 
     procedures for reinstatement of the reduction to the extent 
     that Office of Management and Budget assumptions prove 
     correct.
       (2) The amendments made by this section shall apply to 
     expenses paid after December 31, 1996 (in taxable years 
     ending after such date), for education furnished in academic 
     periods beginning after June 30, 1997, except that no 
     deduction shall be allowed under section 221 of the Internal 
     Revenue Code of 1986 for taxable years beginning after 
     December 31, 2000.


           TREATMENT OF CANCELLATION OF CERTAIN STUDENT LOANS

       Sec. 104. (a) Certain Direct Student Loans the Repayment of 
     Which Is Income Contingent.--Paragraph (1) of section 108(f) 
     is amended by striking ``any student loan if'' and all that 
     follows and inserting ``any student loan if--
       ``(A) such discharge was pursuant to a provision of such 
     loan under which all or part of the indebtedness of the 
     individual would be discharged if the individual worked for a 
     certain period of time in certain professions for any of a 
     broad class of employers, or
       ``(B) in the case of a loan made under part D of title IV 
     of the Higher Education Act of 1965 which has a repayment 
     schedule established under section 455(e)(4) of such Act 
     (relating to income contingent repayments), such discharge is 
     after the maximum repayment period under such loan (as 
     prescribed under such part).''
       (b) Certain Loans by Exempt Organizations.--
       (1) In General.--Paragraph (2) of section 108(f) (defining 
     student loan) is amended by striking ``or'' at the end of 
     subparagraphs (B) and (C) and by striking subparagraph (D) 
     and inserting the following:
       ``(D) any organization described in section 501(c)(3) and 
     exempt from tax under section 501(a), or
       ``(E) any educational organization described in section 
     170(b)(1)(A)(ii) pursuant to an agreement with any entity 
     described in subparagraph (A), (B), (C), or (D) under which 
     the funds from which the loan was made were provided to such 
     educational organization.

     ``The term `student loan' includes any loan made by an 
     organization described in subparagraph (D) to refinance a 
     loan meeting the requirements of the preceding sentence.''
       (2) Exception for discharges on account of services 
     performed for certain lenders.--Subsection (f) of section 108 
     is amended by adding at the end the following new paragraph:
       ``(3) Exception for discharges on account of services 
     performed for certain lenders.--Paragraph (1) shall not apply 
     to the discharge of a loan made by an organization described 
     in paragraph (2)(D) (or by an organization described in 
     paragraph (2)(E) from funds provided by an organization 
     described in paragraph (2)(D)) if the discharge is on account 
     of services performed for either such organization.''
       (c) Effective Date.--The amendments made by this section 
     shall apply to discharges of indebtedness after the date of 
     the enactment of this Act.


           employer-provided educational assistance programs

       Sec. 105. (a) Extension.--Subsection (d) of section 127 
     (relating to exclusion for educational assistance programs) 
     is amended to read as follows:
       ``(d) Termination.--This section shall not apply to taxable 
     years beginning after December 31, 2000.''
       (b) Repeal of Limitation on Graduate Education.--The last 
     sentence of section 127(c)(1) is amended by striking ``, and 
     such term also does not include any payment for, or the 
     provision of any benefits with respect to, any graduate level 
     course of a kind normally taken by an individual pursuing a 
     program leading to a law, business, medical, or other 
     advanced academic or professional degree''.
       (c) Effective Dates.--
       (1) Extension.--The amendments made by subsection (a) shall 
     apply to taxable years beginning after December 31, 1996.
       (2) Graduate education.--The amendments made by subsection 
     (b) shall apply with respect to expenses relating to courses 
     beginning after June 30, 1996.
       (3) Expedited procedures.--The Secretary of the Treasury 
     shall establish expedited procedures for the refund of any 
     overpayment of taxes imposed by the Internal Revenue Code of 
     1986 which is attributable to amounts excluded from gross 
     income during 1996 or 1997 under section 127 of such Code, 
     including procedures waiving the requirement that an employer 
     obtain an employee's signature where the employer 
     demonstrates to the satisfaction of the Secretary that any 
     refund collected by the employer on behalf of the employee 
     will be paid to the employee.


              small business educational assistance credit

       Sec. 106. (a) In General.--Subpart D of part IV of 
     subchapter A of chapter 1 (relating to business related 
     credits) is amended by adding at the end the following new 
     section:

     ``SEC. 45D. SMALL BUSINESS EDUCATIONAL ASSISTANCE CREDIT.

       ``(a) General Rule.--For purposes of section 38, the small 
     business educational assistance credit for any taxable year 
     is an amount equal to 10 percent of the qualified educational 
     assistance expenses of the taxpayer for the taxable year.
       ``(b) Qualified Educational Assistance Expenses .--For 
     purposes of this section--
       ``(1) In general.--The term `qualified educational 
     assistance expenses' means any amount paid or incurred by an 
     eligible small employer for educational assistance furnished 
     to an employee of the employer by a person other than such 
     employer (or an employee of such employer) under an 
     educational assistance program described in section 127(b).
       ``(2) Educational assistance.--The term `educational 
     assistance' has the meaning given such term by section 
     127(c)(1) (determined without regard to subparagraph (B) 
     thereof).
       ``(3) Limitations.--
       ``(A) Dollar limitation per employee.--The aggregate amount 
     which may be taken into account under paragraph (1) with 
     respect to any employee for any taxable year shall not exceed 
     $5,250.
       ``(B) Payments to related persons.--
       ``(i) In general.--No amount shall be taken into account 
     under paragraph (1) if such amount is to be paid to a related 
     person with respect to the employer.
       ``(ii) Related person.--For purposes of this subparagraph, 
     a person shall be related to the employer if--
       ``(I) such person is a 5-percent owner (within the meaning 
     of section 416(i)(1)(B)(i)) of the employer, or
       ``(II) such person bears a relationship to the employer or 
     such a 5-percent owner which is described in section 267(b) 
     or 707(b)(1).
       ``(C) Trade or business.--No amount shall be taken into 
     account under paragraph (1) unless it is incurred in the 
     active conduct of a trade or business by the taxpayer.
       ``(c) Eligible Small Employer.--For purposes of this 
     section--
       ``(1) In general.--A taxpayer shall be treated as an 
     eligible small employer for any taxable year if the average 
     annual gross receipts of the taxpayer for the 3-taxable year 
     period ending with the preceding taxable year are $10,000,000 
     or less.
       ``(2) Special rules.--Section 448(c)(3) shall apply for 
     purposes of this subsection.
       ``(d) Definitions and Special Rules.--For purposes of this 
     section--
       ``(1) Definitions.--The terms `employee' and `employer' 
     have the meanings given such terms by paragraphs (2) and (3) 
     of section 127(c), respectively.
       ``(2) Aggregation.--
       ``(A) In general.--All persons treated as a single employer 
     under subsection (a) or (b) of section 52 or subsection (m) 
     or (o) of section 414 shall be treated as a single employer.

[[Page S3039]]

       ``(B) Allocation of credit.--The credit (if any) determined 
     under this section with respect to each person described in 
     subparagraph (A) shall be its proportionate share of the 
     qualified educational assistance expenses giving rise to such 
     credit.
       ``(3) Short taxable years.--For any taxable year having 
     less than 12 months, the credit determined under this section 
     shall be multiplied by a fraction, the numerator of which is 
     the number of days in the taxable year and the denominator of 
     which is 365.
       ``(4) Disallowance of deduction.--``For disallowance of 
     deduction for expenses for which credit allowable, see 
     section 280C(d).
       ``(e) Termination.--This section shall not apply to 
     qualified educational assistance expenses incurred in taxable 
     years beginning after December 31, 2000.''
       (b) Disallowance of Deductions.--Section 280C (relating to 
     certain expenses for which credits are allowable) is amended 
     by adding at the end of the following new subsection:
       ``(d) Credit for Small Business Educational Assistance 
     Expenses.--
       ``(1) In general.--No deduction shall be allowed for that 
     portion of the qualified educational assistance expenses (as 
     defined in section 45D(b)) otherwise allowable as a deduction 
     for the taxable year which is equal to the amount of the 
     credit determined for such taxable year under section 45D.
       ``(2) Election of reduced credit.--
       ``(A) In general.--In the case of any taxable year for 
     which an election is made under this paragraph--
       ``(i) paragraph (1) shall not apply, and
       ``(ii) the amount of the credit under section 45D(a) shall 
     be the amount determined under subparagraph (B).
       ``(B) Amount of reduced credit.--The amount of the credit 
     determined under this subparagraph for any taxable year shall 
     be the amount equal to the excess of--
       ``(i) the amount of credit determined under section 45D(a) 
     without regard to this paragraph, over
       ``(ii) the product of--
  ``(I) the amount described in clause (i), and
       ``(II) the maximum rate of tax under section 11(b)(1).
       ``(C) Election.--An election under this paragraph for any 
     taxable year shall be made not later than the time for filing 
     the return of tax for such year (including extensions), shall 
     be made on such return, and shall be made in such manner as 
     the Secretary may prescribe. Such an election, once made, 
     shall be irrevocable.
       ``(3) Controlled Groups.--Paragraph (3) of subsection (b) 
     shall apply for purposes of this subsection.''
       (c) General Business Credit.--Subsection (b) of section 38 
     (relating to general business credit) is amended by striking 
     ``plus'' at the end of paragraph (11), by striking the period 
     at the end of paragraph (12) and inserting, ``plus'', and by 
     adding at the end the following new paragraph:
       ``(13) the small business educational assistance credit 
     determined under section 45D(a).''
       (d) Conforming Amendments.--
       (1) No Carryback.--Subsection (d) of section 39 (relating 
     to carryback and carryforward of unused credits) is amended 
     by adding at the end the following new paragraph:
       ``(8) No Carryback of section 45D credit before 
     enactment.--No portion of the unused business credit for any 
     taxable year which is attributable to the credit determined 
     under section 45D may be carried back to a taxable year 
     ending before the date of the enactment of section 45D.''
       (2) The table of sections for Subpart D of such part IV is 
     amended by adding at the end the following new item:

     ``SEC. 45D. SMALL BUSINESS EDUCATIONAL ASSISTANCE CREDIT.''

       (e) Effective Date.--The amendments made by this section 
     shall apply to education and training furnished in taxable 
     years beginning after December 31, 1997.

               TITLE II--STUDENT FINANCIAL AID PROVISIONS


                        short title; references

       Sec. 201. (a) Short Title.--This title may be cited as the 
     ``Student Financial Aid improvements Act of 1997''.
       (b) References.--References in this title to `'the Act'' 
     shall refer to the Higher Education Act of 1965 (20 U.S.C. 
     1001 et seq.).

                           Part A--Pell Grants


                        pell grant maximum award

       Sec. 211. Section 401(b)(2)(A) of the Act is amended by 
     adding at the end thereof the following: ``Except as 
     otherwise provided in this section, in no case shall the 
     maximum basic grant be less than $3,000.''.

                    Part B--Student Loan Provisions


                  management and recovery of reserves

       Sec. 221. (a) Section 422 of the Act is amended--
       (1) by amending subsection (g)(1) to read as follows:
       ``(1) Authority to recovery funds.--(A) Notwithstanding any 
     other provision of law, the reserve funds of the guaranty 
     agencies, and any assets purchased or developed with such 
     reserve funds, regardless of who holds or controls the 
     reserves or assets, shall remain the property of the United 
     States.
       ``(B) The Secretary may direct the guaranty agency to 
     require the return, to the guaranty agency or to the 
     Secretary, of any reserve funds or assets held by, or under 
     the control of, any other entity, that the Secretary 
     determines are required--
       ``(i) to pay the program expenses and contingent 
     liabilities of the guaranty agency;
       ``(ii) to satisfy the guaranty agency's requirements under 
     subsection (h); or
       ``(iii) for the orderly termination of the guaranty 
     agency's operations and the liquidations of its assets.
       ``(C) The Secretary may direct a guaranty agency, or such 
     agency's officers or directors, to cease any activity 
     involving expenditure, use, or transfer of the guaranty 
     agency's reserve funds or assets that the Secretary 
     determines is a misapplication, misuse, or improper 
     expenditure of such funds or assets.''; and
       (2) by adding after subsection (g) the following new 
     subsections:
       ``(h) Recall of Reserves in Fiscal Years 1997 Through 2002; 
     Limitations on Use of Reserve Funds and Assets.--(1)(A) 
     Notwithstanding any other provision of law, the Secretary 
     shall, except as otherwise provided in this subsection, 
     recall from the reserve funds held by guaranty agencies 
     (which for purposes of this subsection shall include any 
     reserve funds held by, or under the control of, any other 
     entity) not less than--
       ``(i) $731,000,000 in fiscal year 1998;
       ``(ii) $127,000,000 in fiscal year 1999;
       ``(iii) $186,000,000 in each of the fiscal years 2000 and 
     2001; and
       ``(iv) $1,271,000,000 in fiscal year 2002.
       ``(B) Funds returned to the Secretary under this subsection 
     shall be deposited in the Treasury.
       ``(C) The Secretary shall require each guaranty agency to 
     return reserve funds under subparagraph (A) based on its 
     proportionate share, as determined by the Secretary, of all 
     reserve funds held by guaranty agencies as of September 30, 
     1996.
       ``(2)(A) Within 45 days of enactment of this subsection, 
     all reserve funds held by a guaranty agency that have not yet 
     been recalled by the Secretary under paragraph (1) shall be 
     transferred by the guaranty agency to a restricted account 
     (of a type specified by the Secretary) established by the 
     guaranty agency, and be invested in United States Government 
     securities specified by the Secretary. The manner and 
     timeframe in which reserve funds so invested are recalled 
     shall be specified by the Secretary, consistent with the 
     requirements of this subsection. Except as described in 
     subparagraph (B), the guaranty agency shall not use the 
     reserve funds in such account, which shall include the 
     earnings thereon, for any purpose without the express 
     permission of the Secretary.
       ``(B)(i) In order to assist guaranty agencies in meeting 
     program expenses, the Secretary shall permit the use of not 
     more than an aggregate of $350,000,000 of the reserve funds 
     held in the restricted accounts described in subparagraph (A) 
     by guaranty agencies with agreements under section 428(c), as 
     working capital to be used for such purposes as the Secretary 
     may specify. The Secretary shall specify the amount of 
     reserve funds in each guaranty agency's restricted account 
     that may be used as working capital, based on the guaranty 
     agency's proportionate share of all borrower accounts 
     outstanding on September 30, 1996. The guaranty agency shall 
     repay such amount to its restricted account (or returned to 
     the Treasury, if so directed by the Secretary) by no later 
     than September 30, 2002, or the date on which such agency's 
     agreement under section 428(c) ends (through resignation, 
     expiration, or termination), whichever is earlier.
       ``(ii) The guaranty agency may use the earnings from its 
     restricted account for fiscal year 1998 to assist in meeting 
     its operational expenses for such year.
       ``(C) Non-liquid reserve fund assets, such as buildings and 
     equipment purchased or developed by the guaranty agency with 
     reserve funds, and any liquid assets remaining in a guaranty 
     agency's restricted account after the recalls in paragraph 
     (1)(A), shall--
       ``(i) remain the property of the United States;
       ``(ii) be used only for such purposes as the Secretary 
     determines are appropriate; and
       ``(iii) be subject to recall by the Secretary no later than 
     the date on which such agency's agreement under section 
     428(c) ends (through resignation, expiration, or termination, 
     as the case may be).''.


                            repayment terms

       Sec. 222.(a) Section 427 of the Act is amended--
       (1) in subsection (a)(2)--
       (A) in subparagraph (B), in the matter preceding clause 
     (i), by striking ``over a period'' through ``not more than 10 
     years'' and inserting ``in accordance with the repayment plan 
     selected under subsection (d),'';
       (B) in subparagraph (C), at the end of the subparagraph, by 
     striking out ``the 10-year period described in subparagraph 
     (B);'' and inserting the following: ``the length of the 
     repayment period under a repayment plan described in 
     subsection (d);'';
       (C) by striking subparagraph (F);
       (D) by redesignating subparagraphs (G), (H), and (I) as 
     subparagraphs (F), (G), and (H), respectively; and
       (E) in subparagraph (G) (as redesignated by subparagraph 
     (D)), by striking ``the option'' through the end of the 
     subparagraph and inserting ``the repayment options described 
     in subsection (d); and'';
       (2) in subsection (c), by striking ``in subsection 
     (a)(2)(H),'' and inserting the following: ``by a repayment 
     plan selected by the borrower under subparagraph (C) or (D) 
     of subsection (d)(1),''; and
       (3) by adding after subsection (c) the following new 
     subsection:
       ``(d) Repayment Plans.--(1) Design and selection.--In 
     accordance with regulations

[[Page S3040]]

     of the Secretary, the lender shall offer a borrower of a loan 
     made under this part the plans described in this subsection 
     for repayment of such loan, including principal and interest 
     thereon. No plan may require a borrower to repay a loan in 
     less than five years. The borrower may choose from--
       ``(A) a standard repayment plan, with a fixed annual 
     repayment amount paid over a fixed period of time, not to 
     exceed ten years;
       ``(B) an extended repayment plan, with a fixed annual 
     repayment amount paid over an extended period of time, not to 
     exceed 30 years, except that the borrower shall repay 
     annually a minimum amount determined in accordance with 
     subsection (c);
       ``(C) a graduated repayment plan, with annual repayment 
     amounts established at 2 or more graduated levels and paid 
     over an extended period of time, not to exceed 30 years, 
     except that the borrower's scheduled payments shall not be 
     less than 50 percent, nor more than 150 percent, of what the 
     amortized payment on the amount owed would be if the loan 
     were repaid under the standard repayment plan; and
       ``(D) an income-sensitive repayment plan, with income-
     sensitive repayment amounts paid over a fixed period of time, 
     not to exceed ten years.
       ``(2) Lender selection of option if borrower does not 
     select.--If a borrower of a loan made under this part does 
     not select a repayment plan described in paragraph (1), the 
     lender shall provide the borrower with a repayment plan 
     described in paragraph (1)(A).
       ``(3) Changes in selections.--The borrower of a loan made 
     under this part may change the borrower's selection of a 
     repayment plan under paragraph (1), or the lender's selection 
     of a plan for the borrower under paragraph (2), as the case 
     may be, under such conditions as may be prescribed by the 
     Secretary in regulation.
       ``(4) Acceleration permitted.--Under any of the plans 
     described in this subsection, the borrower shall be entitled 
     to accelerate, without penalty, repayment on the borrower's 
     loans under this part.''.
       (b) Section 428(b) of the Act is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (D), by striking clauses (i) and (ii) 
     and the clause designation ``(iii)'';
       (B) in subparagraph (E)--
       (i) in clause (i)--
       (I) by striking ``or section 428A,'' and inserting ``or 
     section 428H,''; and
       (II) by striking ``the option'' through the end of the 
     clause and inserting ``the repayment options described in 
     paragraph (9); and''; and
       (ii) in clause (ii)--
       (I) by striking ``over a period'' through ``nor more than 
     10 years'' and inserting ``in accordance with the repayment 
     plan selected under paragraph (9), and''; and
       (II) by striking ``of this subsection;'' at the end of 
     clause (ii) and inserting a semicolon; and
       (C) in subparagraph (L)(i), by inserting after the clause 
     designation the following: ``except as otherwise provided by 
     a repayment plan selected by the borrower under paragraph 
     (9)(A)(iii) or (iv),''; and
       (2) by adding after paragraph (8) the following new 
     paragraph:
       ``(9) Repayment plans.--(A) Design and selection.--In 
     accordance with regulations of the Secretary, the lender 
     shall offer a borrower of a loan made under this part the 
     plans described in this subparagraph for repayment of such 
     loan, including principal and interest thereon. No plan may 
     require a borrower to repay a loan in less than five years. 
     The borrower may choose from--
       ``(i) a standard repayment plan, with a fixed annual 
     repayment amount paid over a fixed period of time, not to 
     exceed ten years;
       ``(ii) an extended repayment plan, with a fixed annual 
     repayment amount paid over an extended period of time, not to 
     exceed 30 years, except that the borrower shall repay 
     annually a minimum amount determined in accordance with 
     paragraph (2)(L);
       ``(iii) a graduated repayment plan, with annual repayment 
     amounts established at 2 or more graduated levels and paid 
     over an extended period of time, not to exceed 30 years, 
     except that the borrower's scheduled payments shall not be 
     less than 50 percent, or more than 150 percent, of what the 
     amortized payment on the amount owed would be if the loan 
     were repaid under the standard repayment plan; and
       ``(iv) an income-sensitive repayment plan, with income-
     sensitive repayment amounts paid over a fixed period of time, 
     not to exceed ten years.
       ``(B) Lender selection of option if borrower does not 
     select.--If a borrower of a loan made under this part does 
     not select a repayment plan described in subparagraph (A), 
     the lender shall provide the borrower with a repayment plan 
     described in subparagraph (A)(i).
       ``(C) Changes in selections.--The borrower of a loan made 
     under this part may change the borrower's selection of a 
     repayment plan under subparagraph (A), or the lender's 
     selection of a plan for the borrower under subparagraph (B), 
     as the case may be, under such conditions as may be 
     prescribed by the Secretary in regulation.
       ``(D) Acceleration permitted.--Under any of the plans 
     described in this paragraph, the borrower shall be entitled 
     to accelerate, without penalty, repayment on the borrower's 
     loans under this part.
       ``(E) Comparable ffel and direct loan repayment plans.--The 
     Secretary shall ensure that the repayment plans offered to 
     borrowers under this part are comparable, to the extent 
     practicable and not otherwise provided in statute, to the 
     repayment plans offered under part D.''.
       (c) Section 428C of the Act is amended--
       (1) in subsection (b)(3)(F), by striking ``alternative''; 
     and
       (2) in subsection (c)--
       (A) by amending paragraph (2) to read as follows:
       ``(2) Repayment plans.--(A) Design and selection.--In 
     accordance with regulations of the Secretary, the lender 
     shall offer a borrower of a loan made under this section the 
     plans described in this paragraph for repayment of such loan, 
     including principal and interest thereon. No plan may require 
     a borrower to repay a loan in less than five years. The 
     borrower may choose from--
       ``(i) a standard repayment plan, with a fixed annual 
     repayment amount paid over a fixed period of time, not to 
     exceed ten years;
       ``(ii) an extended repayment plan, with a fixed annual 
     repayment amount paid over an extended period of time, not to 
     exceed 30 years, except that the borrower shall repay 
     annually a minimum amount determined in accordance with 
     paragraph (3);
       ``(iii) a graduated repayment plan, with annual repayment 
     amounts established at 2 or more graduated levels and paid 
     over an extended period of time, not to exceed 30 years, 
     except that the borrower's scheduled payments shall not be 
     less than 50 percent, nor more than 150 percent, of what the 
     amortized payment on the amount owed would be if the loan 
     were repaid under the standard repayment plan; and
       ``(iv) an income-sensitive repayment plan, with income-
     sensitive repayment amounts paid over a fixed period of time, 
     not to exceed ten years.
       ``(B) Lender selection of option if borrower does not 
     select.--If a borrower of a loan made under this section does 
     not select a repayment plan described in subparagraph (A), 
     the lender shall provide the borrower with a repayment plan 
     described in subparagraph (A)(i).
       ``(C) Changes in selections.--The borrower of a loan made 
     under this section may change the borrower's selection of a 
     repayment plan under subparagraph (A), or the lender's 
     selection of a plan for the borrower under subparagraph (B), 
     as the case may be, under such conditions as may be 
     prescribed by the Secretary in regulation.''.
       (d) Section 455(d) of the Act is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (B), by inserting after ``an extended 
     period of time,'' the following: ``not to exceed 30 years,''; 
     and
       (B) in subparagraph (C), by striking ``a fixed or extended 
     period of time,'' and inserting the following: ``an extended 
     period of time, not to exceed 30 years,''; and
       (2) in paragraph (2), by striking ``subparagraph (A), (B), 
     or (C) of paragraph (1).'' and inserting ``paragraph 
     (1)(A).''.


                             interest rates

       Sec. 223. (a) Section 427A of the Act is amended--
       (1) in subsection (g)(2)--
       (A) by inserting after the paragraph heading the 
     subparagraph designation ``(A)'';
       (B) by redesignating subparagraphs (A) and (B) as clauses 
     (i) and (ii), respectively;
       (C) by striking ``paragraph (1),'' and inserting 
     ``paragraph (1), and except as provided in subparagraph 
     (B),''; and
       (D) by adding after subparagraph (A) (as redesignated by 
     subparagraph (A)) the following new subparagraph:
       ``(B) In the case of loans made or insured under section 
     428 or 428H for which the first disbursement is made on or 
     after October 1, 1997, for purposes of paragraph (1), the 
     rate determined under this paragraph shall, during any 12-
     month period beginning on July 1 and ending on June 30, be 
     determined on the preceding June 1 and be equal to the bond 
     equivalent rate of the securities with a comparable maturity, 
     as established by the Secretary, except that such rate shall 
     not exceed 8.25 percent.'';
       (2) in subsection (h)--
       (A) in the heading thereof, by striking ``July 1, 1998.--'' 
     and inserting ``October 1, 1997.--'';
       (B) in paragraph (1)--
       (i) by striking ``(f), and (g)'' and inserting ``and 
     (f),''; and
       (ii) by striking ``July 1, 1998,'' and inserting ``October 
     1, 1997,''; and
       (C) in paragraph (2)--
       (i) in the heading, by striking ``July 1, 1998.--'' and 
     inserting ``October 1, 1997.--''; and
       (ii) by striking ``July 1, 1998,'' and inserting ``October 
     1, 1997,''; and
       (3) in subsection (i)(7)(B), by adding at the end the 
     following: ``Notwithstanding any other provision of law, the 
     interest rate determined under this subparagraph shall be 
     used solely to determine the rebate of excess interest 
     required by this paragraph and shall not be used to calculate 
     or pay special allowances under section 438.''.
       (b) Section 455(b) of the Act is amended--
       (1) in paragraph (2)(B)--
       (A) by redesignating clauses (i) and (ii) as subclauses (I) 
     and (II), respectively;
       (B) by inserting after the subparagraph heading the clause 
     designation ``(i)'';
       (C) by striking ``subparagraph (A),'' and inserting 
     ``subparagraph (A) and except as provided in clause (ii),''; 
     and
       (D) by adding after clause (i) (as redesignated by 
     subparagraph (B)) the following new clause:
       ``(ii) In the case of Federal Direct Stafford/Ford Loans or 
     Federal Direct Unsubsidized

[[Page S3041]]

     Stafford/Ford Loans for which the first disbursement is made 
     on or after October 1, 1997, for purposes of subparagraph 
     (A), the rate determined under this subparagraph shall, 
     during any 12-month period beginning on July 1 and ending on 
     June 30, be determined on the preceding June 1 and be equal 
     to the bond equivalent rate of the securities with a 
     comparable maturity, as established by the Secretary, except 
     that such rate shall not exceed 8.25 percent.'';
       (2) in paragraph (3)--
       (A) by striking ``and (2),'' and inserting '', and except 
     as provided in paragraph (2),''; and
       (B) by striking ``made on or after July 1, 1998,'' and 
     inserting ``for which the first disbursement is made on or 
     after October 1, 1997,''; and
       (3) in paragraph (4)(B), by striking ``July 1, 1998,'' and 
     inserting ``October 1, 1997,''.


                     lender and holder risk sharing

       Sec. 224. Section 428(b)(1)(G) of the Act is amended by 
     striking ``not less than 98 percent'' and inserting ``95 
     percent''.


                      fees and insurance premiums

       Sec. 225. (a) Section 428(b)(1)(H) of the Act is amended--
       (1) by inserting the clause designation ``(i)'' following 
     the subparagraph designation;
       (2) by striking ``the loan,'' and inserting ``any loan made 
     under section 428 or 428B before July 1, 1998,''; and
       (3) after clause (i) (as redesignated by paragraph (1)), by 
     adding ``and'' and the following new clause:
       ``(ii) provides that no insurance premiums shall be charged 
     to the borrower of any loan made under section 428 or 428B on 
     or after July 1, 1998;''.
       (b) Section 428H(h) of the Act is amended--
       (1) by inserting the paragraph designation ``(1)'' 
     following the subsection heading;
       (2) by striking ``under this section'' and inserting ``of a 
     loan made under this section made before July 1, 1998''; and
       (3) by adding at the end of paragraph (1) (as redesignated 
     by paragraph (1)) the following new paragraph:
       ``(2) No insurance premium may be charged to the borrower 
     on any loan made under this section made on or after July 1, 
     1998.''.
       (d) Section 438(c) of the Act is amended--
       (1) in paragraph (2), by striking ``paragraph (6)'' and 
     inserting ``paragraphs (6) and (8)''; and
       (2) by adding after paragraph (7) the following new 
     paragraph:
       ``(8) Origination fee on subsidized loans on or after july 
     1, 1998.--In the case of any loan made or insured under 
     section 428 on or after July 1, 1998, paragraph (2) shall be 
     applied by substituting `2.0 percent' for `3.0 percent'.''.
       (e) Section 455(c) of the Act is amended--
       (1) by striking ``The Secretary'' and inserting ``(1) For 
     loans made under this part before July 1, 1998, the 
     Secretary'';
       (2) by striking ``of a loan made under this part''; and
       (3) by adding at the end thereof the following new 
     paragraph:
       ``(2) For loans made under this part on or after July 1, 
     1998, the Secretary shall charge the borrower an origination 
     fee of--
       ``(A) 2.0 percent of the principal amount of the loan, in 
     the case of Federal Direct Stafford/Ford Loans; or
       ``(B) 3.0 percent of the principal amount of the loan, in 
     the case of Federal Direct Unsubsidized Stafford/Ford Loans 
     or Federal Direct PLUS Loans.''.


                     functions of guaranty agencies

       Sec. 226. (a) Section 428 of the Act is further amended--
       (1) in subsection (a)--
       (A) in paragraph (1)(B)--
       (i) in the matter preceding clause (i), by striking ``which 
     is insured'' and inserting ``which, before October 1, 1997, 
     is''; and
       (ii) in clause (ii), by inserting ``as in effect the day 
     before the day of enactment of this section,'' after 
     ``subsection (b),''; and
       (B) in paragraph (3)--
       (i) by striking subparagraph (B); and
       (ii) in subparagraph (A)--
       (I) in clause (ii), by striking ``under any'' through the 
     end of the clause and inserting a period;
       (II) by striking the subparagraph designation ``(A)'';
       (III) by redesignating clauses (i) and (ii) as 
     subparagraphs (A) and (B), respectively; and
       (IV) by redesignating subclauses (I) and (II) as clauses 
     (i) and (ii), respectively;
       (2) in subsection (b)--
       (A) by amending the heading to read as follows: 
     ``Requirements to qualify loans for insurance and interest 
     subsidies.--'';
       (B) in paragraph (1)--
       (i) by amending the heading to read as follows: 
     ``Requirements.--'';
       (ii) by amending the matter preceding subparagraph (A) to 
     read as follows: ``A loan by an eligible lender shall be 
     insurable by the Secretary, and students who receive such 
     loans shall be entitled to have made on their behalf the 
     payments provided for in subsection (a), under a program of 
     student loan insurance that--'';
       (iii) by amending subparagraph (K) to read as follows:
       ``(K) provides that the holder of any such loan will be 
     required to submit to the Secretary, at such time or times 
     and in such manner as the Secretary may prescribe, statements 
     containing such information as may be required by regulation 
     for the purpose of enabling the Secretary to determine the 
     amount of the payment which must be made with respect to that 
     loan;'';
       (iv) by amending subparagraph (O) to read as follows:
       ``(O) provides that, if the sale, assignment, or other 
     transfer of a loan made under this part to another holder 
     will result in a change in the identity of the party to whom 
     the borrower must send subsequent payments or direct any 
     communications concerning the loans, then--
       ``(i) the transferor and the transferee shall be required, 
     not later than 45 days from the date the transferee acquires 
     a legally enforceable right to receive payment from  the 
     borrower on such loan, either jointly or separately to 
     provide a notice to the borrower of--
       ``(I) the sale, assignment, or other transfer;
       ``(II) the identity of the transferee;
       ``(III) the name and address of the party to whom 
     subsequent payments or communications must be sent; and
       ``(IV) the telephone numbers of both the transferor and the 
     transferee; and
       ``(ii) the transferee shall be required to notify the 
     Secretary, and, upon the request of an institution of higher 
     education, the Secretary shall notify the last such 
     institution the student attended prior to the beginning of 
     the repayment period of any loan made under this part, of--
       ``(I) any sale, assignment, or other transfer of the loan; 
     and
       ``(II) the address and telephone number by which contact 
     may be made with the new holder concerning repayment of the 
     loan;

     ``except that this subparagraph shall apply only if the 
     borrower is in the grace period described in section 
     427(a)(2)(B) or 428(b)(7) or is in repayment status'';
       (v) in subparagraph (Q), by striking ``guarantee'' and 
     ``428A'' and inserting ``insurance'' and ``428H'', 
     respectively;
       (vi) by amending subparagraph (R) to read as follows:
       ``(R) provides for the making of such reports, in such form 
     and containing such information, including financial 
     information, as the Secretary may reasonably require to carry 
     out the Secretary's functions under this part and protect the 
     financial interest of the United States, and for keeping such 
     records and for affording such access thereto as the 
     Secretary may find necessary to ensure the correctness and 
     verification of such reports;'';
       (vii) by amending subparagraph (S) to read as follows:
       ``(S) provides that a lender shall pay a default prevention 
     fee in accordance with subsection (g);
       (viii) in subparagraph (T)--
       (I) in clause (i), by inserting ``, by the guaranty agency, 
     in accordance with regulations prescribed by the Secretary,'' 
     after ``limitation''; and
       (II) in clause (ii)--
       (aa) in the matter preceding subclause (I), by inserting 
     ``, in accordance with regulations prescribed by the 
     Secretary,'' after ``institution'';
       (bb) by striking subclauses (I) and (II); and
       (cc) redesignating subclauses (III), (IV), and (V) as 
     subclauses (I), (II), and (III), respectively;
       (ix) by amending subparagraph (U) to read as follows:
       ``(U) provides--
       ``(i) for such additional criteria concerning the 
     eligibility of lenders described in section 435(d)(1) as may 
     be permitted by the Secretary; and
       ``(ii) an assurance that the guaranty agency will report to 
     the Secretary concerning changes in criteria under clause 
     (i), including any procedures in effect under such program to 
     take emergency action, limit, suspend, or terminate lenders; 
     and''; and
       (x) by striking subparagraphs (V), (W), and (X);
       (C) by amending paragraph (2) to read as follows:
       ``(2) Skip-tracing requirement.--In the case of a default 
     claim based on an inability to locate the borrower, a lender 
     shall certify to the Secretary, at the time of submission of 
     the default claim, that diligent attempts have been made to 
     locate the borrower through the use of reasonable skip-
     tracing techniques in accordance with regulations prescribed 
     by the Secretary.'';
       (D) in paragraph (3)(B), by striking the parenthetical 
     through the end of the subparagraph and inserting a period; 
     and
       (E) by striking out paragraph (5) and inserting in lieu 
     thereof the following new paragraph:
       ``(5) Compliance audits.--(A) Except as provided in 
     subparagraph (B) or by the Single Audit Act Amendments of 
     1996, an eligible lender that originates or holds more than 
     $5,000,000 in loans made under this title during an annual 
     audit period shall submit to the Secretary a compliance audit 
     for that audit period which is conducted by a qualified, 
     independent organization or person in accordance with the 
     Government Auditing Standards issued by the Comptroller 
     General, and the regulations of the Secretary.
       ``(B) The Secretary may permit a lender to submit the 
     results of an audit conducted for other purposes if the 
     Secretary determines that such other audit results provide 
     the same information as required under subparagraph (A).'';
       (3) in subsection (c)--
       (A) by amending the heading to read as follows: 
     ``Agreements With Guaranty Agencies.--'';
       (B) in paragraph (3)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``A guaranty agreement''

[[Page S3042]]

     and inserting ``An agreement between the Secretary and a 
     guaranty agency'';
       (ii) in the flush left language at the end of the 
     paragraph, by striking ``Guaranty agencies'' and inserting 
     ``The Secretary''; and
       (iii) by redesignating paragraph (3) as paragraph (11);
       (C) by striking paragraphs (1), (2), (4), and (5);
       (D) by inserting after the subsection heading the following 
     new paragraphs:
       ``(1) Authority to enter into agreements.--(A)(i) The 
     Secretary may enter into an agreement with a guaranty agency, 
     under which the Secretary shall insure loans made under this 
     section through the guaranty agency as the agent of the 
     Secretary.
       ``(ii) Any guaranty agency that had an agreement with the 
     Secretary under section 428(b) as of the day before the date 
     of enactment of the Student Financial Aid Improvements Act of 
     1997 may enter into an initial agreement with the Secretary 
     under this subsection.
       ``(iii) An agreement under this subsection shall be five 
     years in duration, and may be renewed by the Secretary for 
     successive five-year periods.
       ``(iii) The Secretary may terminate the agreement prior to 
     its expiration in accordance with paragraph (9).
       ``(2) Effect on prior guaranty agreements and loan 
     insurance by guaranty agencies.--(A) All guaranty agreements 
     made under this subsection as it was in effect on the day 
     before the date of enactment of the Student Financial Aid 
     Improvements Act of 1997 shall terminate not later than 180 
     days after the date of enactment of that Act.
       ``(B) Notwithstanding any other provision of law--
       ``(i) to the extent that a guaranty agency had insured 
     loans under this part, loan insurance by such guaranty agency 
     that is outstanding as of the date of the termination under 
     subparagraph (A) shall be replaced on such date by loan 
     insurance issued by the Secretary, and the guaranty agency 
     shall be relieved of any further liability thereon;
       ``(ii) the Secretary's liability for any outstanding 
     liabilities of a guaranty agency (other than outstanding loan 
     insurance under this part), shall not exceed the fair market 
     value of the unrestricted funds of the guaranty agency, which 
     shall consist of--
       ``(I) all accumulated earnings not otherwise placed in a 
     restricted account in accordance with section 422(h)(2)(A); 
     and
       ``(II) any working capital that may be provided under 
     section 422(h)(2)(B); and
       ``(iii) for the first year after the date of enactment of 
     the Student Financial Aid Improvements Act of 1997, the 
     Secretary may specify such interim administrative measures as 
     the Secretary determines to be necessary for the efficient 
     transfer of the loan insurance function, and to carry out the 
     purposes of this part.
       ``(3) Terms of agreement.--The agreement between the 
     Secretary and a guaranty agency shall include, but not be 
     limited to--
       ``(A) provisions regarding the responsibilities of the 
     guaranty agency for--
       ``(i) administering the issuance of insurance on loans made 
     under this section on behalf of the Secretary;
       ``(ii) monitoring insurance commitments made under this 
     section;
       ``(iii) default prevention activities;
       ``(iv) review of default claims made by lenders;
       ``(v) payment of default claims;
       ``(vi) collection of defaulted loans;
       ``(vii) adoption of internal systems of accounting and 
     auditing that are acceptable to the Secretary, and reporting 
     the result thereof to the Secretary on a timely, accurate, 
     and auditable basis;
       ``(viii) timely and accurate collection and reporting of 
     such other data as the Secretary may require to carry out the 
     purposes of the programs under this title;
       ``(ix) monitoring of institutions and lenders participating 
     in the program under this part; and
       ``(x) such other program functions as the Secretary may 
     require of the guaranty agency;
       ``(B) provisions regarding the fees the Secretary shall pay 
     to the guaranty agency under the agreement, and other 
     revenues that the guaranty agency may receive thereunder, as 
     described in paragraphs (4) and (6);
       ``(C) provisions requiring the guaranty agency to carry out 
     its responsibilities under the agreement in accordance with 
     paragraph (5);
       ``(D) provisions regarding the use, in accordance with 
     paragraph (10), of net revenues in excess of the guaranty 
     agency's need for working capital, as determined after 
     compliance with section 422(h), for such other activities in 
     support of postsecondary education as may be agreed to by the 
     Secretary and the guaranty agency;
       ``(E) provisions regarding such other businesses, 
     previously purchased or developed with reserve funds, that 
     relate to the program under this part and in which the 
     Secretary permits the guaranty agency to engage (as 
     determined on a case-by-case basis);
       ``(F) provisions setting forth such administrative and 
     fiscal procedures as may be necessary to protect the United 
     States from the risk of unreasonable loss thereunder, and to 
     ensure proper and efficient administration of the loan 
     insurance program;
       ``(G) provisions regarding the submission of the results of 
     audits of the guaranty agency that are conducted--
       ``(i) at least annually;
       ``(ii) by a qualified, independent organization or person 
     in accordance with the standards established by the 
     Comptroller General for the audit of governmental 
     organizations, programs, and functions; and
       ``(iii) in accordance with the regulations of the 
     Secretary;
       ``(H) provisions requiring the making of such reports, in 
     such form and containing such information, including 
     financial information, as the Secretary may reasonably 
     require to carry out the Secretary's functions under this 
     part and to protect the Federal fiscal interest, and for 
     keeping such records and for affording such access thereto as 
     the Secretary may find necessary or appropriate to ensure the 
     correctness and verification of such reports;
       ``(I) adequate assurances that the guaranty agency will not 
     engage in any pattern or practice which may result in a 
     denial of a borrower's access to loans under this part 
     because of the borrower's race, sex, color, religion, 
     national origin, age, handicapped status, income, attendance 
     at a particular eligible institution, length of the 
     borrower's educational program, or the borrower's academic 
     year in school;
       ``(J) assurances that--
       ``(i) upon the request of an eligible institution, the 
     guaranty agency shall, subject to clauses (ii) and (iii), 
     furnish to the institution information with respect to 
     students (including the names and addresses of such students) 
     who received loans made or insured under this part for 
     attendance at the eligible institution and for whom preclaims 
     assistance activities have been requested under subsection 
     (l);
       ``(ii) the guaranty agency shall require the payment by the 
     institution of a reasonable fee (as determined in accordance 
     with regulations prescribed by the Secretary) for such 
     information; and
       ``(iii) the institution may use such information only to 
     remind students of their obligation to repay student loans 
     and may not disseminate the information for any other 
     purpose; and
       ``(K) such other provisions as the Secretary may determine 
     to be necessary to protect the United States from the risk of 
     unreasonable loss and to promote the purposes of this part.
       ``(4) Fees and other revenues.--(A)(i) The Secretary shall 
     pay to a guaranty agency with an agreement under this 
     subsection the following uniform fees:
       ``(I) a one-time issuance fee for each new loan made under 
     this part that is insured by the Secretary through the 
     guaranty agency; and
       ``(II) an annual maintenance fee for each active borrower 
     account.
       ``(ii) The fees described in clause (i) shall be paid on a 
     quarterly basis, from the funds available under section 
     458(a), in such amount as the Secretary determines, for all 
     guaranty agencies with agreements under this subsection.
       ``(B) A guaranty agency with an agreement under this 
     subsection also may receive revenues derived from--
       ``(i) a default prevention fee paid by lenders in 
     accordance with subsection (g);
       ``(ii) the collection retention allowance under paragraph 
     (6);
       ``(iii) the interest earned on working capital provided 
     under section 422(h);
       ``(iv) such other businesses, previously purchased or 
     developed with reserve funds, that relate to the program 
     under this part and in which the Secretary permits the 
     guaranty agency to engage (as determined on a case-by-case 
     basis); and
       ``(v) such other fees as may be authorized under this part.
       ``(5) Performance requirement.--(A) A guaranty agency with 
     an agreement under this subsection shall carry out its 
     responsibilities thereunder in accordance with such 
     measurable performance-based standards as the Secretary may 
     specify; and shall submit timely and accurate data to the 
     Secretary in support of its performance.
       ``(B) The Secretary shall apply the performance standards 
     uniformly to guaranty agencies with agreements under this 
     subsection.
       ``(C) The Secretary shall assess the performance of each 
     guaranty agency on the basis of the audits required under 
     paragraph (3)(G), and shall compare such guaranty agency's 
     performance against the performance of other such guaranty 
     agencies and publicly disseminate such comparison.
       ``(D) The Secretary may impose a fine, in accordance with 
     the terms of the agreement, on a guaranty agency that fails 
     to achieve a specified level of performance on one or more 
     performance standards. If the guaranty agency's failure to 
     achieve such performance level results in a financial loss to 
     the United States, the guaranty agency shall indemnify the 
     Secretary for such loss.'';
       (E) by amending paragraph (6) to read as follows:
       ``(6) Collection retention allowance.--(A) If, after the 
     Secretary has paid a claim on a loan made under this title, 
     any payments are made in discharge of the obligation incurred 
     by the borrower with respect to such loan (including any 
     payments of interest accruing on such loan after the payment 
     of the default claim by the Secretary), there shall be paid 
     over to the Secretary that portion of the payments remaining 
     after the guaranty agency with which the Secretary has an 
     agreement under this subsection has deducted from such 
     payments an amount for costs related to the student loan 
     insurance program that--
       ``(i) shall be specified by the Secretary on the basis of 
     the Secretary's review of payments for similar services in a 
     competitive environment; and

[[Page S3043]]

       ``(ii) in no case shall exceed 18.5 percent of such 
     payments (subject to subparagraph (B)).
       ``(B) If, after the Secretary has paid a claim on a loan 
     made under this title, and the liability on such loan is 
     discharged by payment of the proceeds of a consolidation loan 
     under this part or under part D, the guaranty agency may not 
     deduct the amount specified in subparagraph (A), but may 
     charge the borrower an amount specified by the Secretary and 
     not to exceed 18.5% of the principal amount of the defaulted 
     loan at the time of consolidation, to defray the guaranty 
     agency's collection costs on the defaulted loan to be 
     consolidated.'';
       (F) by amending paragraph (7) to read as follows:
       ``(7) Secretary authorized to renew or make alternate 
     agreements.--Notwithstanding any other provision of law, once 
     the initial agreement with a guaranty agency entered into 
     after the date of enactment of the Student Financial Aid 
     Improvements Act of 1997 has ended (through its expiration, 
     the termination of the guaranty agency agreement by the 
     Secretary in accordance with paragraph (9), or the 
     resignation of the guaranty agency, as the case may be), the 
     Secretary, in his discretion, may enter into--
       ``(A) another agreement with the guaranty agency;
       ``(B) an alternate agreement under which the functions 
     previously performed by the guaranty agency shall be 
     performed by another State or private nonprofit agency with 
     which the Secretary has an agreement under this subsection; 
     or
       ``(C) a contract under section 428E.'';
       (G) by amending paragraph (9) to read as follows:
       ``(9) Termination of guaranty agency agreements.--(A) A 
     guaranty agency's agreement under this subsection may be 
     ended in advance of its expiration date in accordance with 
     subparagraph (B), or (C). If its agreement is so ended, the 
     guaranty agency shall immediately--
       ``(i) cease to be an agent of the Secretary for purposes of 
     the program under this part; and
       ``(ii) surrender all remaining liquid and non-liquid 
     reserve funds, and assets purchased or developed with reserve 
     funds, still held by the guaranty agency (including reserves 
     held by, or under the control of, any other entity) to the 
     Secretary or the Secretary's designated agent.
       (B) A guaranty agency's agreement under this subsection 
     shall be void, and the Secretary shall immediately so notify 
     such guaranty agency, if--
       ``(i) the guaranty agency fails to comply in a timely 
     manner with the recall of reserve requirements of section 
     422(h);
       ``(ii) the guaranty agency fails to increase the amount of 
     funds in its unrestricted account (as measured by comparing 
     the amount of funds in such account at the beginning and end 
     of a year) for each of two years (that may or may not be 
     consecutive) in the five year period of the agreement under 
     this subsection;
       ``(iii) any other agreement that the guaranty agency has 
     with the Secretary is terminated;
       ``(iv) the guaranty agency becomes insolvent or declares 
     bankruptcy; or
       ``(v) there is any legal impediment to the guaranty agency 
     substantially performing its responsibilities under the 
     agreement.
       ``(C) The Secretary shall, after notice and opportunity for 
     a hearing, terminate a guaranty agency that has substantially 
     failed to achieve an acceptable level of performance under 
     its agreement with the Secretary. A substantial performance 
     failure under this subparagraph may include the existence of 
     material internal control weaknesses relating to data quality 
     in the guaranty agency's audits for each of two years (that 
     may or may not be consecutive) in the five year period of the 
     agreement under this subsection.
       ``(D) Notwithstanding any other provision of Federal or 
     State law, if the Secretary has terminated or is seeking to 
     terminate a guaranty agency's agreement in advance of its 
     expiration date--
       ``(i) no State court may issue any order affecting the 
     Secretary's actions with respect to such guaranty agency;
       ``(ii) any contract with respect to the administration of 
     reserve funds held by a guaranty agency, or the 
     administration of any assets purchased or developed with the 
     reserve funds of the guaranty agency, that is entered into or 
     extended by the guaranty agency, or any other party on behalf 
     of or with the concurrence of the guaranty agency, after the 
     date of enactment of the Student Financial Aid Improvements 
     Act of 1997 shall provide that the contract is terminable by 
     the Secretary upon 30 days notice to the contracting parties 
     if the Secretary determines that such contract includes an 
     impermissible transfer of the reserve funds or assets, or is 
     otherwise inconsistent with the terms or purposes of this 
     section; and
       ``(iii) no provision of State law shall apply to the 
     actions of the Secretary in terminating the operations of a 
     guaranty agency.''; and
       (H) by adding after paragraph (9) the following new 
     paragraph:
       ``(10) Use of surplus funds.--(A) A guaranty agency with an 
     agreement under this subsection may retain the amount 
     determined in accordance with subparagraph (B) for activities 
     in support of postsecondary education that are approved by 
     the Secretary.
       ``(B)(i) A guaranty agency may retain 50 percent of its net 
     revenues for fiscal year 1998 in excess of the guaranty 
     agency's need for working capital for such year, as 
     determined after compliance with section 422(h), for approved 
     activities.
       ``(ii) A guaranty agency may retain for approved activities 
     for fiscal year 1999 and succeeding fiscal years the lesser 
     of--
       ``(I) 50 percent of its net revenues for such year in 
     excess of its need for working capital, as determined after 
     compliance with section 422(h); or
       ``(II) the amount of its net revenues for such year in 
     excess of its need for working capital, as determined after 
     compliance with section 422(h), that is equal to a uniform 
     percentage, established annually by the Secretary, of federal 
     revenues received by the guaranty agency for the preceding 
     year. In determining such percentage, the Secretary shall 
     take into account all guaranty agencies' revenues and costs 
     for the preceding year to determine an adequate level of 
     economic incentive for guaranty agencies to maximize their 
     efficiency.'';
       (4) by amending subsection (g) to read as follows:
       ``(g) Default prevention fee paid by lenders.--(1) An 
     eligible lender shall pay a guaranty agency, to which such 
     lender referred a delinquent loan, a default prevention fee 
     of not to exceed $100 per borrower account if the guaranty 
     agency succeeds in bringing such loan into current repayment 
     status.
       ``(2) The Secretary shall prescribe in regulations the 
     circumstances in which a lender may obtain a refund of a 
     default prevention fee if the borrower of a loan on which 
     such fee was paid subsequently defaults on such loan.''; and
       (5) in subsection (1)--
       (A) in paragraph (1), by striking the paragraph designation 
     and the paragraph heading; and
       (B) by striking paragraph (2).
       (b) Section 435(j) of the Act is amended by striking 
     ``section 428(b).'' and inserting ``section 428(c).''


                 repeal of state share of default costs

       Sec. 227. Section 428 of the Act is further amended by 
     striking subsection (n).


                          consolidation loans

       Sec. 228. (a) Section 428C of the Act is further amended--
       (1) in subsection (a)(3)--
       (A) in subparagraph (A), by inserting ``in an in-school 
     period,'' after ``for consolidation loan is''; and
       (B) in subparagraph (B), by amending clause (i) to read as 
     follows:
       ``(i) Eligible student loans received by the eligible 
     borrower may be added to a consolidation loan during the 180-
     day period following the making of such consolidation 
     loan.'';
       (2) in subsection (b)(4)(C), by amending clause (ii) to 
     read as follows:
       ``(ii) provides that interest shall accrue and be paid--
       ``(I) by the Secretary, in the case of a consolidation loan 
     made before October 1, 1997 that consolidated only Federal 
     Stafford Loans for which the student borrower received an 
     interest subsidy under section 428;
       ``(II) by the Secretary, in the case of a consolidation 
     loan made on or after October 1, 1997, except that the 
     Secretary shall pay such interest only on that portion of the 
     loan that repays Federal Stafford Loans for which the student 
     borrower received an interest subsidy under section 428; and
       ``(III) by the borrower, or capitalized, in the case of a 
     consolidation loan, or portion thereof, other than one 
     described in subclause (I) or (II);''; and
       (3) in subsection (c)--
       (A) in paragraph (1)--
       (i) in subparagraph (A), by striking ``subparagraph (B) or 
     (C).'' and inserting ``subparagraph (B), (C), (D), or (E), 
     and subject to subparagraph (F).'';
       (ii) in subparagraph (C), by striking ``after July 1, 
     1994,'' and inserting ``after July 1, 1994 and before October 
     1, 1997,''; and
       (iii) by adding after subparagraph (C) the following new 
     subparagraphs:
       ``(D) A consolidation loan made on or after October 1, 
     1997, that repays loans made under section 428 or 428H, or a 
     combination thereof, shall bear interest at an annual rate on 
     the unpaid principal balance of the loan that is equal to--
       ``(i) the rate specified in section 427A(g), in the case of 
     a borrower in an in-school or grace period; or
       ``(ii) the rate specified in section 427A(h)(1) in all 
     other cases.
       ``(E) A consolidation loan made on or after October 1, 
     1997, that repays loans made under section 428B shall bear 
     interest at an annual rate on the unpaid principal balance of 
     the loan that is equal to the rate specified in section 
     427A(h)(2).
       ``(F) Notwithstanding any other provision of this section, 
     the Secretary may prescribe in regulation such procedures as 
     may be necessary to ensure that--
       ``(i) a borrower of a consolidation loan that repays a 
     combination of loans eligible to be consolidated under this 
     section, shall continue to receive, after consolidation, any 
     interest subsidy benefits associated with a loan, without 
     extending such benefits to any other loans consolidated that 
     do not have interest subsidy benefits;
       ``(ii) in the case of a consolidation loan that repays a 
     combination of loans described in subparagraphs (D) and (E), 
     the interest rate on such consolidation loan shall be 
     calculated in a manner that reflects the interest rate 
     applicable to loans made under each such subparagraph; and

[[Page S3044]]

       ``(iii) in the case of a consolidation loan that repays a 
     loan eligible to be consolidated under this section other 
     than those described in subparagraphs (D) and (E), the 
     interest rate applicable to such other loan shall be the 
     interest rate described in subparagraph (D) if such other 
     loan is considered by the Secretary to be subsidized, and the 
     interest rate described in subparagraph (E) if such other 
     loan is considered by the Secretary to be unsubsidized.''; 
     and
       (B) in paragraph (4)--
       (i) by striking ``Repayment'' and inserting ``(A) Except as 
     provided in subparagraph (B), repayment''; and
       (ii) by adding after subparagraph (A) (as redesignated by 
     clause (i)) the following new subparagraph:
       ``(B) In the case of a consolidation loan that repays a 
     loan made under this part for which the borrower is in an in-
     school period at the time the consolidation application is 
     received, the repayment period for such consolidation loan 
     shall commence after the completion of a grace period, as 
     described in section 428(b)(7)(i).''.


                     contracts with other entities

       Sec. 229. Part B of title IV of the Act is amended by 
     inserting after section 428D the following new section:


                          ``contract authority

       ``Sec. 428E. The Secretary may enter into one or more 
     contracts to carry out any of the functions that otherwise 
     would be carried out by a guaranty agency with an agreement 
     under section 428(c).''.


                            ELIGIBLE LENDER

       Sec. 230. Section 435(d) of the Act is amended--
       (1) in paragraph (1), by striking ``(6),'' and inserting 
     ``(7),''; and
       (2) by adding after paragraph (6) the following new 
     paragraph:
       ``(7) Uniform terms and conditions. Subject to such 
     exceptions as the Secretary may prescribe in regulations, the 
     term `eligible lender' shall not include any lender that 
     offers different terms and conditions to different borrowers 
     of the same type of loan made or insured under this part.''.


                           SPECIAL ALLOWANCE

       Sec. 231. Section 438 of the Act is amended--
       (1) in subsection (a)(3), by striking ``quarterly rate'' 
     each place it appears and inserting ``rate''; and
       (2) in subsection (b)--
       (A) in paragraph (2)--
       (i) by striking ``subparagraphs (B), (C), (D), (E), and 
     (F)'' and inserting ``subparagraphs (B), (C), (D), (E), (F), 
     and (G)''; and
       (ii) by adding after subparagraph (F) the following new 
     subparagraph:
       ``(G)(i) Notwithstanding any other provision of this 
     section, in the case of loans made or insured under this part 
     for which the first disbursement is made on or after October 
     1, 1997, the special allowance paid pursuant to this 
     subsection shall be computed for any 12-month period 
     beginning on July 1 and ending on June 30 by--
       ``(I) determining the bond equivalent rate on the preceding 
     June 1 of the securities with a comparable maturity, as 
     established by the Secretary; and
       ``(II) subtracting the applicable interest rate on such 
     loans from such amount.
       ``(ii) The amount of special allowance computed under 
     clause (i) shall be paid in quarterly increments for the 3-
     month periods described in paragraph (1).''; and
       (B) in paragraph (3), in the second sentence, by striking 
     ``determined for any such 3-month period shall be paid 
     promptly after the close of such period,'' and inserting 
     ``calculated under this subsection shall be paid promptly 
     after the close of the 3-month period for which such special 
     allowance payment is due,''.


             STUDENT LOAN MARKETING ASSOCIATION OFFSET FEE

       Sec. 232. Section 439(h)(7) of the Act is amended by adding 
     after subparagraph (C) the following new subparagraph:
       ``(D) The calculation of the fee required under 
     subparagraph (A) or (B), as the case may be, shall be 
     determined on the basis of the principal amount of all loans 
     (except for loans made under sections 428C, 439(o) or 
     439(q)--
       ``(i) owned, in whole or in part, by the Association, any 
     subsidiary of the Association, or any company, trust or other 
     entity owned by, or controlled by, the Association; or
       ``(ii) held by a trust (including by a trustee on behalf of 
     a trust), or by any other entity in which the Association, or 
     any subsidiary, holds more than a minimal beneficial interest 
     (as determined by the Secretary).''.


                       DIRECT LOAN TRANSITION FEE

       Sec. 233. Section 452(b) of the Act is amended to read as 
     follows:
       ``(b) Transition Fees.--The Secretary shall pay fees to 
     institutions of higher education (or a consortium of those 
     institutions) with agreements under section 454(b), in the 
     first year of their participation in the program authorized 
     by this part, in order to compensate for costs associated 
     with their transition to the program. The fees shall not 
     exceed an average of $10 per borrower at all institutions 
     receiving the fees.''.


                   FUNDS FOR ADMINISTRATIVE EXPENSES

       Sec. 234. Section 458(a) of the Act is amended, in the 
     first sentence, by striking $260,000,000'' through the end of 
     the sentence and inserting the following: ``$532,000,000 in 
     fiscal year 1998, $610,000,000 in fiscal year 1999, 
     $705,000,000 in fiscal year 2000, $806,000,000 in fiscal year 
     2001, and $904,000,000 in fiscal year 2002.''.

              PART C--NEED ANALYSIS AND GENERAL PROVISIONS


               hope scholarship need analysis amendments

       Sec. 241. (a) Calculation of Available Income.--(1) Section 
     475 of the Act is amended--
       (A) by amending subsection (c)(1)(A) to read as follows:
       ``(A) the sum of--
       ``(i) Federal income taxes;
       ``(iii) the amount of any tax credit taken under section 
     24A of the Internal Revenue Code of 1986; and
       ``(iii) the amount by which tax liability determined 
     without regard to the deduction provided under section 221 of 
     the Internal Revenue Code exceeds the amount of tax liability 
     determined after taking such deduction into account;''; and
       (B) by amending subsection (g)(2)(A) to read as follows:
       ``(A) the sum of--
       ``(i) Federal income taxes;
       ``(ii) the amount of any tax credit taken by the student 
     under section 24A of the Internal Revenue Code of 1986; and
       ``(iii) the amount by which tax liability determined 
     without regard to the deduction provided under section 221 of 
     the Internal Revenue Code exceeds the amount of tax liability 
     determined after taking such deduction into account;''.
       (2) Section 476(b)(1)(A)(i) of the Act is amended to read 
     as follows:
       ``(A) the sum of--
       ``(i) Federal income taxes;
       ``(ii) the amount of any tax credit taken under section 24A 
     of the Internal Revenue Code of 1986; and
       ``(iii) the amount by which tax liability determined 
     without regard to the deduction provided under section 221 of 
     the Internal Revenue Code exceeds the amount of tax liability 
     determined after taking such deduction into account;''.
       (3) Section 477(b)(1)(A) of the Act is amended to read as 
     follows:
       ``(A) the sum of--
       ``(i) Federal income taxes;
       ``(ii) the amount of any tax credit taken under section 24A 
     of the Internal Revenue Code of 1986; and
       ``(iii) the amount by which tax liability determined 
     without regard to the deduction provided under section 221 of 
     the Internal Revenue Code exceeds the amount of tax liability 
     determined after taking such deduction into account;''.
       (b) Definitions.--Section 480 of the Act is amended--
       (1) in subsection (a)(2)--
       (A) by striking ``and no portion'' and inserting ``no 
     portion''; and
       (B) by inserting after ``(42 U.S.C. 12571 et seq.),'' the 
     following: ``and no portion of any tax credit taken under 
     section 24A of the Internal Revenue Code of 1986,'';
       (2) in subsection (b)--
       (A) in paragraph (13), by striking ``and'' at the end of 
     the paragraph;
       (B) by redesignating paragraph (14) as paragraph (15); and
       (C) by inserting after paragraph (13) the following new 
     paragraph:
       ``(14) any tax deduction taken under section 221 of the 
     Internal Revenue Code of 1986; and'';
       (3) in subsection (e)--
       (A) in paragraph (3), by striking ``and'' at the end of the 
     paragraph;
       (B) in paragraph (4), by striking the period at the end of 
     the paragraph and inserting ``; and''; and
       (C) by adding after paragraph (4) the following new 
     paragraph:
       ``(5) any tax credit taken under section 24A of the 
     Internal Revenue Code of 1986; and'';
       (4) in subsection (j), by adding after paragraph (3) the 
     following new paragraph:
       ``(4) Notwithstanding paragraph (1), a tax credit taken 
     under section 24A of the Internal Revenue Code of 1986 shall 
     not be treated as estimated financial assistance for purposes 
     of section 471(3).''.


income protection allowance for independent students without dependents

       Sec. 242. (a) Section 476(b) of the Act is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (A)--
       (i) by amending clause (iv) to read as follows:
       ``(iv) an income protection allowance, determined in 
     accordance with paragraph (4);''; and
       (ii) in clause (v), by striking ``paragraph (4);'' and 
     inserting ``paragraph (5);''; and
       (B) in subparagraph (B), by striking ``paragraph (5).'' and 
     inserting ``paragraph (6).'';
       (2) by redesignating paragraphs (4) and (5) as paragraphs 
     (5) and (6), respectively; and
       (3) by inserting after paragraph (3) the following new 
     paragraph:
       ``(4) Income protection allowance.--The income protection 
     allowance is determined by the following table (or a 
     successor table prescribed by the Secretary under section 
     478):

                      ``INCOME PROTECTION ALLOWANCE                     
------------------------------------------------------------------------
                                                      Number in college 
          Family size (including student)          ---------------------
                                                        1          2    
------------------------------------------------------------------------
1.................................................      8,000  .........
2.................................................     10,520   8,720''.
------------------------------------------------------------------------


[[Page S3045]]

       (b) Section 478(b) of the Act is amended by striking 
     ``sections 475(c)(4) and 477(b)(4).'' and inserting 
     ``sections 475(c)(4), 476(b)(4), and 477(b)(4).''.


                      hope scholarship definitions

       Sec. 243. Section 481 of the Act is amended by adding after 
     subsection (f) the following new subsection:
       ``(g) Hope Scholarship Definitions.--(1) As necessary for 
     purposes of the tax credit provided under section 24A of the 
     Internal Revenue Code of 1986, and the deduction provided 
     under section 221 of such Code, the Secretary of Education 
     shall define in regulation the following terms:
       ``(A) academic period;
       ``(B) normal full-time workload;
       ``(C) first two years of postsecondary education;
       ``(D) qualifying grade point average;
       ``(E) job skills; and
       ``(F) new job skills.
       ``(2) Notwithstanding any other provision of law, the 
     regulations described in paragraph (1) shall not be subject 
     to section 482(c).''.


                   extension of student aid programs

       Sec. 244. Title IV of the Act is amended--
       (1) in section 401(a)(1), by striking ``September 30, 
     1998,'' and inserting ``September 30, 1999,'';
       (2) in section 424(a), by striking ``1998.'' and ``2002.'' 
     and inserting ``2002.'' and ``2006.'', respectively;
       (3) in section 428(a)(5), by striking ``1998,'' and 
     ``2002.'' and inserting ``2002,'' and ``2006.'', 
     respectively;
       (4) in section 428C(e), by striking ``1998.'' and inserting 
     ``2002.''; and
       (5) in section 466--
       (A) in subsection (a)--
       (i) in the matter preceding paragraph (1), by striking 
     ``September 30, 1996,'' and March 31, 1997,'' and inserting 
     ``September 30, 1998,'' and March 31, 1999'', respectively; 
     and
       (ii) in paragraph (1), by striking ``September 30, 1996,'' 
     and inserting ``September 30, 1998,'';
       (B) in subsection (b), by striking ``September 30, 1996,'' 
     and inserting ``September 30, 1998,''; and
       (C) in subsection (c), by striking out ``October 1, 1997,'' 
     and inserting ``October 1, 1998,''.

                        PART D--EFFECTIVE DATES


                            effective dates

       Sec. 251. (a) Except as otherwise provided in this section, 
     the amendments made by this title shall take effect on the 
     date of enactment of this Act.
       (b) Section 211 is effective for the calculation of Pell 
     Grant awards for award years beginning on or after July 1, 
     1998.
       (c) Section 222 is effective for a loan made under part B 
     or part D of title IV of the Act for which the first 
     disbursement is made on or after October 1, 1997.
       (d) Section 223(a)(3) and section 428(b)(5)(C) of the Act 
     (as added by section 226(a)(2)(E)) are effective as if they 
     were enacted on July 23, 1992.
       (e) Sections 224, 229, and 230 take effect on October 1, 
     1997.
       (f) Section 231 is effective for a loan made or insured 
     under part B of title IV of the Act for which the first 
     disbursement is made on or after October 1, 1997.
       (g) Section 232 is effective as if it were enacted on 
     August 10, 1993, but does not apply to the privatized entity 
     that may be created as a result of the Student Loan Marketing 
     Association Reorganization Act of 1996 (Title VI of the 
     Departments of Labor, Health and Human Services, Education, 
     and Related Agencies Appropriations Act, 1997, as enacted by 
     section 101(e) of Division A of Pub. L. No. 104-208).
       (h) Section 242 is effective for determinations of need for 
     academic years beginning on or after July 1, 1998.

                                 S. 560

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

               TITLE I--STUDENT FINANCIAL AID PROVISIONS


                        SHORT TITLE; REFERENCES

       Sec. 101. (a) Short Title.--This title may be cited as the 
     ``Student Financial Aid Improvements Act of 1997''.
       (b) References.--References in this title to ``the Act'' 
     shall refer to the Higher Education Act of 1965 (20 U.S.C. 
     1001 et seq.).

                          Part A--Pell Grants


                        pell grant maximum award

       Sec. 111. Section 401(b)(2)(A) of the Act is amended by 
     adding at the end thereof the following: ``Except as 
     otherwise provided in this section, in no case shall the 
     maximum basic grant be less than $3,000.''.

                    Part B--Student Loan Provisions


                  management and recovery of reserves

       Sec. 121. (a) Section 422 of the Act is amended--
       (1) by amending subsection (g)(1) to read as follows:
       ``(1) Authority to recover funds.--(A) Notwithstanding any 
     other provision of law, the reserve funds of the guaranty 
     agencies, and any assets purchased or developed with such 
     reserve funds, regardless of who holds or controls the 
     reserves or assets, shall remain the property of the United 
     States.
       ``(B) The Secretary may direct the guaranty agency to 
     require the return, to the guaranty agency or to the 
     Secretary, of any reserve funds or assets held by, or under 
     the control of, any other entity, that the Secretary 
     determines are required--
       ``(i) to pay the program expenses and contingent 
     liabilities of the guaranty agency;
       ``(ii) to satisfy the guaranty agency's requirements under 
     subsection (h); or
       ``(iii) for the orderly termination of the guaranty 
     agency's operations and the liquidation of its assets.
       ``(C) The Secretary may direct a guaranty agency, or such 
     agency's officers or directors, to cease any activity 
     involving expenditure, use, or transfer of the guaranty 
     agency's reserve funds or assets that the Secretary 
     determines is a misapplication, misuse, or improper 
     expenditure of such funds or assets.''; and
       (2) by adding after subsection (g) the following new 
     subsections:
       ``(h) Recall of Reserves in Fiscal Years 1997 Through 2002; 
     Limitations on Use of Reserve Funds and Assets.--(1)(A) 
     Notwithstanding any other provision of law, the Secretary 
     shall, except as otherwise provided in this subsection, 
     recall from the reserve funds held by guaranty agencies 
     (which for purposes of this subsection shall include any 
     reserve funds held by, or under the control of, any other 
     entity) not less than--
       ``(i) $731,000,000 in fiscal year 1998;
       ``(ii) $127,000,000 in fiscal year 1999;
       ``(iii) $186,000,000 in each of the fiscal years 2000 and 
     2001; and
       ``(iv) $1,271,000,000 in fiscal year 2002.
       ``(B) Funds returned to the Secretary under this subsection 
     shall be deposited in the Treasury.
       ``(C) The Secretary shall require each guaranty agency to 
     return reserve funds under subparagraph (A) based on its 
     proportionate share, as determined by the Secretary, of all 
     reserve funds held by guaranty agencies as of September 30, 
     1996.
       ``(2)(A) Within 45 days of enactment of this subsection, 
     all reserve funds held by a guaranty agency that have not yet 
     been recalled by the Secretary under paragraph (1) shall be 
     transferred by the guaranty agency to a restricted account 
     (of a type specified by the Secretary) established by the 
     guaranty agency, and be invested in United States Government 
     securities specified by the Secretary. The manner and 
     timeframe in which reserve funds so invested are recalled 
     shall be specified by the Secretary, consistent with the 
     requirements of this subsection. Except as described in 
     subparagraph (B), the guaranty agency shall not use the 
     reserve funds in such account, which shall include the 
     earnings thereon, for any purpose without the express 
     permission of the Secretary.
       ``(B)(i) In order to assist guaranty agencies in meeting 
     program expenses, the Secretary shall permit the use of not 
     more than an aggregate of $350,000,000 of the reserve funds 
     held in the restricted accounts described in subparagraph (A) 
     by guaranty agencies with agreements under section 428(c), as 
     working capital to be used for such purposes as the Secretary 
     may specify. The Secretary shall specify the amount of 
     reserve funds in each guaranty agency's restricted account 
     that may be used as working capital, based on the guaranty 
     agency's proportionate share of all borrower accounts 
     outstanding on September 30, 1996. The guaranty agency shall 
     repay such amount to its restricted account (or returned to 
     the Treasury, if so directed by the Secretary) by not later 
     than September 30, 2002, or the date on which such agency's 
     agreement under section 428(c) ends (through resignation, 
     expiration, or termination), whichever is earlier.
       ``(ii) The guaranty agency may use the earnings from its 
     restricted account for fiscal year 1998 to assist in meeting 
     its operational expenses for such year.
       ``(C) Non-liquid reserve fund assets, such as buildings and 
     equipment purchased or developed by the guaranty agency with 
     reserve funds, and any liquid assets remaining in a guaranty 
     agency's restricted account after the recalls in paragraph 
     (1)(A), shall--
       ``(i) remain the property of the United States;
       ``(ii) be used only for such purposes as the Secretary 
     determines are appropriate; and
       ``(iii) be subject to recall by the Secretary no later than 
     the date on which such agency's agreement under section 
     428(c) ends (through resignation, expiration, or termination, 
     as the case may be).''.


                            repayment terms

       Sec. 122. (a) Section 427 of the Act is amended--
       (1) in subsection (a)(2)--
       (A) in subparagraph (B), in the matter preceding clause 
     (i), by striking ``over a period'' through ``nor more than 10 
     years'' and inserting ``in accordance with the repayment plan 
     selected under subsection (d),'';
       (B) in subparagraph (C), at the end of the subparagraph, by 
     striking out ``the 10-year period described in subparagraph 
     (B);'' and inserting the following: ``the length of the 
     repayment period under a repayment plan described in 
     subsection (d);'';
       (C) by striking subparagraph (F);
       (D) by redesignating subparagraphs (G), (H), and (I) as 
     subparagraphs (F), (G), and (H), respectively; and
       (E) in subparagraph (G) (as redesignated by subparagraph 
     (D)), by striking ``the option'' through the end of the 
     subparagraph and inserting ``the repayment options described 
     in subsection (d); and'';
       (2) in subsection (c), by striking ``in subsection 
     (a)(2)(H),'' and inserting the following: ``by a repayment 
     plan selected by the borrower under subparagraph (C) or (D) 
     of subsection (d)(1),''; and
       (3) by adding after subsection (c) the following new 
     subsection:

[[Page S3046]]

       ``(d) Repayment Plans.--(1) Design and Selection.--In 
     accordance with regulations of the Secretary, the lender 
     shall offer a borrower of a loan made under this part the 
     plans described in this subsection for repayment of such 
     loan, including principal and interest thereon. No plan may 
     require a borrower to repay a loan in less than five years. 
     The borrower may choose from--
       ``(A) a standard repayment plan, with a fixed annual 
     repayment amount paid over a fixed period of time, not to 
     exceed ten years;
       ``(B) an extended repayment plan, with a fixed annual 
     repayment amount paid over an extended period of time, not to 
     exceed 30 years, except that the borrower shall repay 
     annually a minimum amount determined in accordance with 
     subsection (c);
       ``(C) a graduated repayment plan, with annual repayment 
     amounts established at 2 or more graduated levels and paid 
     over an extended period of time, not to exceed 30 years, 
     except that the borrower's scheduled payments shall not be 
     less than 50 percent, nor more than 150 percent, of what the 
     amortized payment on the amount owed would be if the loan 
     were repaid under the standard repayment plan; and
       ``(D) an income-sensitive repayment plan, with income-
     sensitive repayment amounts paid over a fixed period of time, 
     not to exceed ten years.
       ``(2) Lender selection of option if borrower does not 
     select.--If a borrower of a loan made under this part does 
     not select a repayment plan described in paragraph (1), the 
     lender shall provide the borrower with a repayment plan 
     described in paragraph (1)(A).
       ``(3) Changes in selections.--The borrower of a loan made 
     under this part may change the borrower's selection of a 
     repayment plan under paragraph (1), or the lender's selection 
     of a plan for the borrower under paragraph (2), as the case 
     may be, under such conditions as may be prescribed by the 
     Secretary in regulation.
       ``(4) Acceleration Permitted.--Under any of the plans 
     described in this subsection, the borrower shall be entitled 
     to accelerate, without penalty, repayment on the borrower's 
     loans under this part.''.
       (b) Section 428(b) of the Act is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (D), by striking clauses (i) and (ii) 
     and the clause designation ``(iii)'';
       (B) in subparagraph (E)--
       (i) in clause (i)--
       (I) by striking ``or section 428A,'' and inserting ``or 
     section 428H,''; and
       (II) by striking ``the option'' through the end of the 
     clause and inserting ``the repayment options described in 
     paragraph (9); and''; and
       (ii) in clause (ii)--
       (I) by striking ``over a period'' through ``nor more than 
     10 years'' and inserting ``in accordance with the repayment 
     plan selected under paragraph (9), and''; and
       (II) by striking ``of this subsection;'' at the end of 
     clause (ii) and inserting a semicolon; and
       (C) in subparagraph (L)(i), by inserting after the clause 
     designation the following: ``except as otherwise provided by 
     a repayment plan selected by the borrower under paragraph 
     (9)(A) (iii) or (iv),''; and
       (2) by adding after paragraph (8) the following new 
     paragraph:
       ``(9) Repayment plans.--(A) Design and selection.--In 
     accordance with regulations of the Secretary, the lender 
     shall offer a borrower of a loan made under this part the 
     plans described in this subparagraph for repayment of such 
     loan, including principal and interest thereon. No plan may 
     require a borrower to repay a loan in less than five years. 
     The borrower may choose from--
       ``(i) a standard repayment plan, with a fixed annual 
     repayment amount paid over a fixed period of time, not to 
     exceed ten years;
       ``(ii) an extended repayment plan, with a fixed annual 
     repayment amount paid over an extended period of time, not to 
     exceed 30 years, except that the borrower shall repay 
     annually a minimum amount determined in accordance with 
     paragraph (2)(L);
       ``(iii) a graduated repayment plan, with annual repayment 
     amounts established at 2 or more graduated levels and paid 
     over an extended period of time, not to exceed 30 years, 
     except that the borrower's scheduled payments shall not be 
     less than 50 percent, nor more than 150 percent, of what the 
     amortized payment on the amount owed would be if the loan 
     were repaid under the standard repayment plan; and
       ``(iv) an income-sensitive repayment plan, with income-
     sensitive repayment amounts paid over a fixed period of time, 
     not to exceed ten years.
       ``(B) Lender selection of option if borrower does not 
     select.--If a borrower of a loan made under this part does 
     not select a repayment plan described in subparagraph (A), 
     the lender shall provide the borrower with a repayment plan 
     described in subparagraph (A)(i).
       ``(C) Changes in selection.--The borrower of a loan made 
     under this part may change the borrower's selection of a 
     repayment plan under subparagraph (A), or the lender's 
     selection of a plan for the borrower under subparagraph (B), 
     as the case may be, under such conditions as may be 
     prescribed by the Secretary in regulation.
       ``(D) Acceleration permitted.--Under any of the plans 
     described in this paragraph, the borrower shall be entitled 
     to accelerate, without penalty, repayment on the borrower's 
     loans under this part.
       ``(E) Comparable ffel and direct loan repayment plans.--The 
     Secretary shall ensure that the repayment plans offered to 
     borrowers under this part are comparable, to the extent 
     practicable and not otherwise provided in statute, to the 
     repayment plans offered under part D.''.
       (c) Section 428C of the Act is amended--
       (1) in subsection (b)(3)(F), by striking ``alternative''; 
     and
       (2) in subsection (c)--
       (A) by amending paragraph (2) to read as follows:
       ``(2) Repayment plans.--(A) Design and selection.--In 
     accordance with regulations of the Secretary, the lender 
     shall offer a borrower of a loan made under this section the 
     plans described in this paragraph for repayment of such loan, 
     including principal and interest thereof. No plan may require 
     a borrower to repay a loan in less than five years. The 
     borrower may choose from--
       ``(i) a standard repayment plan, with a fixed annual 
     repayment amount paid over a fixed period of time, not to 
     exceed ten years.
       ``(ii) an extended repayment plan, with a fixed annual 
     repayment amount paid over an extended period of time, not to 
     exceed 30 years, except that the borrower shall repay 
     annually a minimum amount determined in accordance with 
     paragraph (3);
       ``(iii) a graduated repayment plan, with annual repayment 
     amounts established at 2 or more graduated levels and paid 
     over an extended period of time, not to exceed 30 years, 
     except that the borrower's scheduled payments shall not be 
     less than 50 percent, nor more than 150 percent, of what the 
     amortized payment on the amount owed would be if the loan 
     were repaid under the standard repayment plan; and
       ``(iv) an income-sensitive repayment plan, with income-
     sensitive repayment amounts paid over a fixed period of time, 
     not to exceed ten years.
       ``(B) Lender selection of option if borrower does not 
     select.--If a borrower of a loan made under this section does 
     not select a repayment plan described in subparagraph (A), 
     the lender shall provide the borrower with a repayment plan 
     described in subparagraph (A)(i).
       ``(C) Changes in selections.--The borrower of a loan made 
     under this section may change the borrower's selection of a 
     repayment plan under subparagraph (A), or the lender's 
     selection of a plan for the borrower under subparagraph (B), 
     as the case may be, under such conditions as may be 
     prescribed by the Secretary in regulation.''.
       (d) Section 455(d) of the Act is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (B), by inserting after ``an extended 
     period of time,'' the following: ``not to exceed 30 years,''; 
     and
       (B) in subparagraph (C), by striking ``a fixed or extended 
     period of time,'' and inserting the following: ``an extended 
     period of time, not to exceed 30 years,''; and
       (2) in paragraph (2), by striking ``subparagraph (A), (B), 
     or (C) of paragraph (1).'' and inserting ``paragraph 
     91)(A).''.


                             interest rates

       Sec. 123. (a) Section 427A of the Act is amended--
       (1) in subsection (g)(2)--
       (A) by inserting after the paragraph heading the 
     subparagraph designation ``(A)'';
       (B) by redesignating subparagraphs (A) and (B) as clauses 
     (i) and (ii), respectively;
       (C) by striking ``paragraph (1),'' and inserting 
     ``paragraph (1), and except as provided in subparagraph 
     (B),''; and
       (D) by adding after subparagraph (A) (as redesignated by 
     subparagraph (A)) the following new subparagraph:
       ``(B) In the case of loans made or insured under section 
     428 or 428H for which the first disbursement is made on or 
     after October 1, 1997, for purposes of paragraph (1), the 
     rate determined under this paragraph shall, during any 12-
     month period beginning on July 1 and ending on June 30, be 
     determined on the preceding June 1 and be equal to the bond 
     equivalent rate of the securities with a comparable maturity, 
     as established by the Secretary, except that such rate shall 
     not exceed 8.25 percent.'';
       (2) in subsection (h)--
       (A) in the heading thereof, by striking ``July 1, 1998.--'' 
     and inserting ``October 1, 1997.--'';
       (B) in paragraph (1)--
       (i) by striking ``(f), and (g)'' and inserting ``and 
     (f),''; and
       (ii) by striking ``July 1, 1998,'' and inserting ``October 
     1, 1997.''; and
       (C) in paragraph (2)--
       (i) in the heading, by striking ``JULY 1, 1998.--'' and 
     inserting ``OCTOBER 1, 1997.--''; and
       (ii) by striking ``July 1, 1998,'' and inserting ``October 
     1, 1997,''; and
       (3) in subsection (i)(7)(B), by adding at the end the 
     following: ``Notwithstanding any other provision of law, the 
     interest rate determined under this subparagraph shall be 
     used solely to determine the rebate of excess interest 
     required by this paragraph and shall not be used to calculate 
     or pay special allowances under section 438.''.
       (b) Section 455(b) of the Act is amended--
       (1) in paragraph (2)(B)--
       (A) by redesignating clauses (i) and (ii) as subclauses (I) 
     and (II), respectively;
       (B) by inserting after the subparagraph heading the clause 
     designation ``(i)'';
       (C) by striking ``subparagraph (A),'' and inserting 
     ``subparagraph (A) and except as provided in clause (ii),''; 
     and
       (D) by adding after clause (i) (as redesignated by 
     subparagraph (B)) the following new clause:

[[Page S3047]]

       ``(ii) In the case of Federal Direct Stafford/Ford Loans or 
     Federal Direct Unsubsidized Stafford/Ford Loans for which the 
     first disbursement is made on or after October 1, 1997, for 
     purposes of subparagraph (A), the rate determined under this 
     subparagraph shall, during any 12-month period beginning on 
     July 1 and ending on June 30, be determined on the preceding 
     June 1 and be equal to the bond equivalent rate of the 
     securities with comparable maturity, as established by the 
     Secretary, except that such rate shall not exceed 8.25 
     percent.'';
       (2) in paragraph (3)--
       (A) by striking ``and (2),'' and inserting ``, and except 
     as provided in paragraph (2),''; and
       (B) by striking ``made on or after July 1, 1998,'' and 
     inserting ``for which the first disbursement is made on or 
     after October 1, 1997,''; and
       (3) in paragraph (4)(B), by striking ``July 1, 1998,'' and 
     inserting ``October 1, 1997,''.


                     lender and holder risk sharing

       Sec. 124. Section 428(b)(1)(G) of the Act is amended by 
     striking ``not less than 98 percent'' and inserting ``95 
     percent''.


                      fees and insurance premiums

       Sec. 125. (a) Section 428(b)(1)(H) of the act is amended--
       (1) by inserting the clause designation ``(i)'' following 
     the subparagraph designation;
       (2) by striking ``the loan,'' and inserting ``any loan made 
     under section 428 or 428B before July 1, 1998,''; and
       (3) after clause (i) (as redesignated by paragraph (1)), by 
     adding ``and'' and the following new clause:
       ``(ii) provides that no insurance premiums shall be charged 
     to the borrower of any loan made under section 428 or 428B on 
     or after July 1, 1998;''.
       (b) Section 428H(h) of the Act is amended--
       (1) by inserting the paragraph designation ``(1)'' 
     following the subsection heading;
       (2) by striking ``under this section'' and inserting ``of a 
     loan made under this section made before July 1, 1998''; and
       (3) by adding at the end of paragraph (1) (as redesignated 
     by paragraph (1)) the following new paragraph:
       ``(2) No insurance premium may be charged to the borrower 
     on any loan made under this section made on or after July 1, 
     1998.''.
       (d) Section 438(c) of the Act is amended--
       (1) in paragraph (2), by striking ``paragraph (6)'' and 
     inserting ``paragraphs (6) and (8)''; and
       (2) by adding after paragraph (7) the following new 
     paragraph:
       ``(8) Origination fee on subsidized loans on or after july 
     1, 1998.--In the case of any loan made or insured under 
     section 428 on or after July 1, 1998, paragraph (2) shall be 
     applied by substituting `2.0 percent' for `3.0 percent'.''.
       (e) Section 455(c) of the Act is amended--
       (1) by striking ``The Secretary'' and inserting ``(1) For 
     loans made under this part before July 1, 1998, the 
     Secretary'';
       (2) by striking ``of a loan made under this part''; and
       (3) by adding at the end thereof the following new 
     paragraph:
       ``(2) For loans made under this part on or after July 1, 
     1998, the Secretary shall charge the borrower an origination 
     fee of--
       ``(A) 2.0 percent of the principal amount of the loan, in 
     the case of Federal Direct Stafford/Ford Loans; or
       ``(B) 3.0 percent of the principal amount of the loan, in 
     the case of Federal Direct Unsubsidized Stafford/Ford Loans 
     or Federal Direct PLUS Loans.''.


                     functions of guaranty agencies

       Sec. 126. (a) Section 428 of the Act is further amended--
       (1) in subsection (a)--
       (A) in paragraph (1)(B)--
       (i) in the matter preceding clause (i), by striking ``which 
     is insured'' and inserting ``which, before October 1, 1997, 
     is''; and
       (ii) in clause (ii), by inserting ``as in effect the day 
     before the day of enactment of this section,'' after 
     ``subsection (b),''; and
       (B) in paragraph (3)--
       (i) by striking subparagraph (B); and
       (ii) in subparagraph (A)--
       (I) in clause (ii), by striking ``under any'' through the 
     end of the clause and inserting a period;
       (II) by striking the subparagraph designation ``(A)'';
       (III) by redesignating clauses (i) and (ii) as 
     subparagraphs (A) and (B), respectively; and
       (IV) by redesignating subclauses (I) and (II) as clauses 
     (i) and (ii), respectively;
       (2) in subsection (b)--
       (A) by amending the heading to read as follows: 
     ``Requirements to Qualify Loans for Insurance and Interest 
     subsidies.--'',
       (B) in paragraph (1)--
       (i) by amending the heading to read as follows: 
     Requirements.--'';
       (ii) by amending the matter preceding subparagraph (A) to 
     read as follows: ``A loan by an eligible lender shall be 
     insurable by the Secretary, and students who receive such 
     loans shall be entitled to have made on their behalf the 
     payments provided for in subsection (a), under a program of 
     student loan insurance that--'';
       (iii) by amending subparagraph (K) to read as follows:
       ``(K) provides that the holder of any such loan will be 
     required to submit to the Secretary, at such time or times 
     and in such manner as the Secretary may prescribe, statements 
     containing such information as may be required by regulation 
     for the purpose of enabling the Secretary to determine the 
     amount of the payment which must be made with respect to that 
     loan;'';
       (iv) by amending subparagraph (O) to read as follows:
       ``(O) provides that, if the sale, assignment, or other 
     transfer of a loan made under this part to another holder 
     will result in a change in the identity of the party to whom 
     the borrower must send subsequent payments or direct any 
     communications concerning the loans, then--
       ``(i) the transferor and the transferee shall be required, 
     not later than 45 days from the date the transferee acquires 
     a legally enforceable right to receive payment from the 
     borrower on such loan, either jointly or separately to 
     provide a notice to the borrower of--
       ``(I) the sale, assignment, or other transfer;
       ``(II) the identity of the transferee;
       ``(III) the name and address of the party to whom 
     subsequent payments or communications must be sent; and
       ``(IV) the telephone numbers of both the transferor and the 
     transferee; and
       ``(ii) the transferee shall be required to notify the 
     Secretary, and, upon the request of an institution of higher 
     education, the Secretary shall notify the last such 
     institution the student attended prior to the beginning of 
     the repayment period of any loan made under this part, of--
       ``(I) any sale, assignment, or other transfer of the loan; 
     and
       ``(II) the address and telephone number by which contact 
     may be made with the new holder concerning repayment of the 
     loan;
     ``except that this subparagraph shall apply only if the 
     borrower is in the grace period described in section 
     427(a)(2)(B) or 428(b)(7) or is in repayment status.'';
       (v) in subparagraph (Q), by striking ``guarantee'' and 
     ``428A'' and inserting ``insurance'' and ``428H'', 
     respectively;
       (vi) by amending subparagraph (R) to read as follows:
       ``(R) provides for the making of such reports, in such form 
     and containing such information, including financial 
     information, as the Secretary may reasonably require to carry 
     out the Secretary's functions under this part and protect the 
     financial interest of the United States, and for keeping such 
     records and for affording such access thereto as the 
     Secretary may find necessary to ensure the correctness and 
     verification of such reports;'';
       (vii) by amending subparagraph (S) to read as follows:
       ``(S) provides that a lender shall pay a default prevention 
     fee in accordance with subsection (g);
       (viii) in subparagraph (T)--
       (I) in clause (i), by inserting '', by the guaranty agency, 
     in accordance with regulations prescribed by the Secretary,'' 
     after ``limitation''; and
       (II) in clause (ii)--
       (aa) in the matter preceding subclause (I), by inserting 
     '', in accordance with regulations prescribed by the 
     Secretary,'' after ``institution'';
       (bb) by striking subclauses (I) and (II); and
       (cc) redesignating subclauses (III), (IV), and (V) as 
     subclauses (I), (II), and (III), respectively;
       (ix) by amending subparagraph (U) to read as follows:
       ``(U) provides--
       ``(i) for such additional criteria concerning the 
     eligibility of lenders described in section 435(d)(1) as may 
     be permitted by the Secretary; and
       ``(ii) an assurance that the guaranty agency will report to 
     the Secretary concerning changes in criteria under clause 
     (i), including any procedures in effect under such program to 
     take emergency action, limit, suspend, or terminate lenders; 
     and''; and
       (x) by striking subparagraphs (V), (W), and (X);
       (C) by amending paragraph (2) to read as follows:
       ``(2) Skip-tracing requirement.--In the case of a default 
     claim based on an inability to locate the borrower, a lender 
     shall certify to the Secretary, at the time of submission of 
     the default claim, that diligent attempts have been made to 
     locate the borrower through the use of reasonable skip-
     tracing techniques in accordance with regulations prescribed 
     by the Secretary.'';
       (D) in paragraph (3)(B), by striking the parenthetical 
     through the end of the subparagraph and inserting a period; 
     and
       (E) by striking out paragraph (5) and inserting in lieu 
     thereof the following new paragraph:
       ``(5) Compliance audits.--(A) Except as provided in 
     subparagraph (B) or by the Single Audit Act Amendments of 
     1996, an eligible lender that originates or holds more than 
     $5,000,000 in loans made under this title during an annual 
     audit period shall submit to the Secretary a compliance audit 
     for that audit period which is conducted by a qualified, 
     independent organization or person in accordance with the 
     Government Auditing Standards issued by the Comptroller 
     General, and the regulations of the Secretary.
       ``(B) The Secretary may permit a lender to submit the 
     results of an audit conducted for other purposes if the 
     Secretary determines that such other audit results provide 
     the same information as required under subparagraph (A).'';
       (3) in subsection (c)--
       (A) by amending the heading to read as follows: 
     ``Agreements With Guaranty Agencies.--'';
       (B) in paragraph (3)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``A guaranty agreement''

[[Page S3048]]

     and inserting ``An agreement between the Secretary and a 
     guaranty agency''
       (ii) in the flush left language at the end of the 
     paragraph, by striking ``Guaranty agencies'' and inserting 
     ``The Secretary''; and
       (iii) by redesignating paragraph (3) as paragraph (11);
       (C) by striking paragraphs (1), (2), (4), and (5);
       (D) by inserting after the subsection heading the following 
     new paragraphs:
       ``(1) Authority to enter into agreements.--(A)(i) The 
     Secretary may enter into an agreement with a guaranty agency, 
     under which the Secretary shall insure loans made under this 
     section through the guaranty agency as the agent of the 
     Secretary.
       ``(ii) Any guaranty agency that had an agreement with the 
     Secretary under section 428(b) as of the day before the date 
     of enactment of the Student Financial Aid Improvements Act of 
     1997 may enter into an initial agreement with the Secretary 
     under this subsection.
       ``(iii) An agreement under this subsection shall be five 
     years in duration, and may be renewed by the Secretary for 
     successive five-year periods.
       ``(iii) The Secretary may terminate the agreement prior to 
     its expiration in accordance with paragraph (9).
       ``(2) Effect on prior guaranty agreements and loan 
     insurance by guaranty agencies.--(A) All guaranty agreements 
     made under this subsection as it was in effect on the day 
     before the date of enactment of the Student Financial Aid 
     Improvements Act of 1997 shall terminate not later than 180 
     days after the date of enactment of that Act.
       ``(B) Notwithstanding any other provision of law--
     outstanding as of the date of the termination under 
     subparagraph (A) shall be replaced on such date by loan 
     insurance issued by the Secretary, and the guaranty agency 
     shall be relieved of any further liability thereon;
       ``(ii) the Secretary's liability for any outstanding 
     liabilities of a guaranty agency (other than outstanding loan 
     insurance under this part), shall not exceed the fair market 
     value of the unrestricted funds of the guaranty agency, which 
     shall consist of--
       ``(I) all accumulated earnings not otherwise placed in a 
     restricted account in accordance with section 422(h)(2)(A); 
     and
       ``(II) any working capital that may be provided under 
     section 422(h)(2)(B); and
       ``(iii) for the first year after the date of enactment of 
     the Student Financial Aid Improvements Act of 1997, the 
     Secretary may specify such interim administrative measures as 
     the Secretary determines to be necessary for the efficient 
     transfer of the loan insurance function, and to carry out the 
     purposes of this part.
       ``(3) Terms of agreement.--The agreement between the 
     Secretary and a guaranty agency shall include, but not be 
     limited to--
       ``(A) provisions regarding the responsibilities of the 
     guaranty agency for--
       ``(i) administering the issuance of insurance on loans made 
     under this section on behalf of the Secretary;
       ``(ii) monitoring insurance commitments made under this 
     section;
       ``(iii) default prevention activities;
       ``(iv) review of default claims made by lenders;
       ``(v) payment of default claims;
       ``(vi) collection of defaulted loans;
       ``(vii) adoption of internal systems of accounting and 
     auditing that are acceptable to the Secretary, and reporting 
     the result thereof to the Secretary on a timely, accurate, 
     and auditable basis;
       ``(viii) timely and accurate collection and reporting of 
     such other data as the Secretary may require to carry out the 
     purposes of the programs under this title;
       ``(ix) monitoring of institutions and lenders participating 
     in the program under this part; and
       ``(x) such other program functions as the Secretary may 
     require of the guaranty agency;
       ``(B) provisions regarding the fees the Secretary shall pay 
     to the guaranty agency under the agreement, and other 
     revenues that the guaranty agency may receive thereunder, as 
     described in paragraphs (4) and (6);
       ``(C) provisions requiring the guaranty agency to carry out 
     its responsibilities under the agreement in accordance with 
     paragraph (5);
       ``(D) provisions regarding the use, in accordance with 
     paragraph (10), of net revenues in excess of the guaranty 
     agency's need for working capital, as determined after 
     compliance with section 422(h), for such other activities in 
     support of postsecondary education as may be agreed to by the 
     Secretary and the guaranty agency;
       ``(E) provisions regarding such other businesses, 
     previously purchased or developed with reserve funds, that 
     relate to the program under this part and in which the 
     Secretary permits the guaranty agency to engage (as 
     determined on a case-by-case basis);
       ``(F) provisions setting forth such administrative and 
     fiscal procedures as may be necessary to protect the United 
     States from the risk of unreasonable loss thereunder, and to 
     ensure proper and efficient administration of the loan 
     insurance program;
       ``(G) provisions regarding the submission of the results of 
     audits of the guaranty agency that are conducted--
       ``(i) at least annually;
       ``(ii) by a qualified, independent organization or person 
     in accordance with the standards established by the 
     Comptroller General for the audit of governmental 
     organizations, programs, and functions; and
       ``(iii) in accordance with the regulations of the 
     Secretary;
       ``(H) provisions requiring the making of such reports, in 
     such form and containing such information, including 
     financial information, as the Secretary may reasonably 
     require to carry out the Secretary's functions under this 
     part and to protect the Federal fiscal interest, and for 
     keeping such records and for affording such access thereto as 
     the Secretary may find necessary or appropriate to ensure the 
     correctness and verification of such reports;
       ``(I) adequate assurances that the guaranty agency will not 
     engage in any pattern or practice which may result in a 
     denial of a borrower's access to loans under this part 
     because of the borrower's race, sex, color, religion, 
     national origin, age, handicapped status, income, attendance 
     at a particular eligible institution, length of the 
     borrower's educational program, or the borrower's academic 
     year in school;
       ``(J) assurances that--
       ``(i) upon the request of an eligible institution, the 
     guaranty agency shall, subject to clauses (ii) and (iii), 
     furnish to the institution information with respect to 
     students (including the names and addresses of such students) 
     who received loans made or insured under this part for 
     attendance at the eligible institution and for whom preclaims 
     assistance activities have been requested under subsection 
     (l);
       ``(ii) the guaranty agency shall require the payment by the 
     institution of a reasonable fee (as determined in accordance 
     with regulations prescribed by the Secretary) for such 
     information; and
       ``(iii) the institution may use such information only to 
     remind students of their obligation to repay student loans 
     and may not disseminate the information for any other 
     purpose; and
       ``(K) such other provisions as the Secretary may determine 
     to be necessary to protect the United States from the risk of 
     unreasonable loss and to promote the purposes of this part.
       ``(4) Fees and other revenues.--(A)(i) The Secretary shall 
     pay to a guaranty agency with an agreement under this 
     subsection the following uniform fees:
       ``(I) a one-time issuance fee for each new loan made under 
     this part that is insured by the Secretary through the 
     guaranty agency; and
       ``(II) an annual maintenance fee for each active borrower 
     account.
       ``(ii) The fees described in clause (i) shall be paid on a 
     quarterly basis, from the funds available under section 
     458(a), in such amount as the Secretary determines, for all 
     guaranty agencies with agreement under this subsection.
       ``(B) A guaranty agency with an agreement under this 
     subsection also may receive revenues derived from--
       ``(i) a default prevention fee paid by lenders in 
     accordance with subsection (g);
       ``(ii) the collection retention allowance under paragraph 
     (6);
       ``(iii) the interest earned on working capital provided 
     under section 422(h);
       ``(iv) such other businesses, previously purchased or 
     developed with reserve funds, that relate to the program 
     under this part and in which the Secretary permits the 
     guaranty agency to engage (as determined on a case-by-case 
     basis); and
       ``(v) such other fees as may be authorized under this part.
       ``(5) Performance requirements.--(A) A guaranty agency with 
     an agreement under this subsection shall carry out its 
     responsibilities thereunder in accordance with such 
     measurable performance-based standards as the Secretary may 
     specify, and shall submit timely and accurate data to the 
     Secretary in support of its performance.
       ``(B) The Secretary shall apply the performance standards 
     uniformly to guaranty agencies with agreements under this 
     subsection.
       ``(C) The Secretary shall assess the performance of each 
     guaranty agency on the basis of the audits required under 
     paragraph (3)(G), and shall compare such guaranty agency's 
     performance against the performance of other such guaranty 
     agencies and publicly disseminate such comparison.
       ``(D) The Secretary may impose a fine, in accordance with 
     the terms of the agreement, on a guaranty agency that fails 
     to achieve a specified level of performance on one or more 
     performance standards. If the guaranty agency's failure to 
     achieve such performance level results in a financial loss to 
     the United States, the guaranty agency shall indemnify the 
     Secretary for such loss.'';
       (E) by amending paragraph (6) to read as follows:
       ``(6) Collection retention allowance.--(A) If, after the 
     Secretary has paid a claim on a loan made under this title, 
     any payments are made in discharge of the obligation incurred 
     by the borrower with respect to such loan (including any 
     payments of interest accruing on such loan after the payment 
     of the default claim by the Secretary), there shall be paid 
     over to the Secretary that portion of the payments remaining 
     after the guaranty agency with which the Secretary has an 
     agreement under this subsection has deducted from such 
     payments an amount for costs related to the student loan 
     insurance program that--
       ``(i) shall be specified by the Secretary on the basis of 
     the Secretary's review of payments for similar services in a 
     competitive environment; and
       ``(ii) in no case shall exceed 18.5 percent of such 
     payments (subject to subparagraph (B)).

[[Page S3049]]

       ``(B) If, after the Secretary has paid a claim on a loan 
     made under this title, and the liability on such loan is 
     discharged by payment of the proceeds of a consolidation loan 
     under this part or under part D, the guaranty agency may not 
     deduct the amount specified in subparagraph (A), but may 
     charge the borrower an amount specified by the Secretary and 
     not to exceed 18.5% of the principal amount of the defaulted 
     loan at the time of consolidation, to defray the guaranty 
     agency's collection costs on the defaulted loan to be 
     consolidated.'';
       (F) by amending paragraph (7) to read as follows:
       ``(7) Secretary authorized to renew or make alternate 
     agreements.--Notwithstanding any other provision of law, once 
     the initial agreement with a guaranty agency entered into 
     after the date of enactment of the Student Financial Aid 
     Improvements Act of 1997 has ended (through its expiration, 
     the termination of the guaranty agency agreement by the 
     Secretary in accordance with paragraph (9), or the 
     resignation of the guaranty agency, as the case may be), the 
     Secretary, in his discretion, may enter into--
       ``(A) another agreement with the guaranty agency;
       ``(B) an alternate agreement under which the functions 
     previously performed by the guaranty agency shall be 
     performed by another State or private nonprofit agency with 
     which the Secretary has an agreement under this subsection; 
     or
       ``(C) a contract under section 428E.'';
       (G) by amending paragraph (9) to read as follows:
       ``(9) Termination of guaranty agency agreements.--(A) A 
     guaranty agency's agreement under this subsection may be 
     ended in advance of its expiration date in accordance with 
     subparagraph (B), or (C). If its agreement is so ended, 
     the guaranty agency shall immediately--
       ``(i) cease to be an agent of the Secretary for purposes of 
     the program under this part; and
       ``(ii) surrender all remaining liquid and non-liquid 
     reserve funds, and assets purchased or developed with reserve 
     funds, still held by the guaranty agency (including reserves 
     held by, or under the control of, any other entity) to the 
     Secretary or the Secretary's designated agent.
       (B) A guaranty agency's agreement under this subsection 
     shall be void, and the Secretary shall immediately so notify 
     such guaranty agency, if--
       ``(i) the guaranty agency fails to comply in a timely 
     manner with the recall of reserve requirements of section 
     422(h);
       ``(ii) the guaranty agency fails to increase the amount of 
     funds in its unrestricted account (as measured by comparing 
     the amount of funds in such account at the beginning and end 
     of a year) for each of two years (that may or may not be 
     consecutive) in the five year period of the agreement under 
     this subsection;
       ``(iii) any other agreement that the guaranty agency has 
     with the Secretary is terminated;
       ``(iv) the guaranty agency becomes insolvent or declares 
     bankruptcy; or
       ``(v) there is any legal impediment to the guaranty agency 
     substantially preforming its responsibilities under the 
     agreement.
       ``(C) The Secretary shall, after notice and opportunity for 
     a hearing, terminate a guaranty agency that has substantially 
     failed to achieve an acceptable level of performance under 
     its agreement with the Secretary. A substantial performance 
     failure under this subparagraph may include the existence of 
     material internal control weaknesses relating to data quality 
     in the guaranty agency's audits for each of two years (that 
     may or may not be consecutive) in the five year period of the 
     agreement under this subsection.
       ``(D) Notwithstanding any other provision of Federal or 
     State law, if the Secretary has terminated or is seeking to 
     terminate a guaranty agency's agreement in advance of its 
     expiration date--
       ``(i) no State court may issue any order affecting the 
     Secretary's actions with respect to such guaranty agency;
       ``(ii) any contract with respect to the administration of 
     reserve funds held by a guaranty agency, or the 
     administration of any assets purchased or developed with the 
     reserve funds of the guaranty agency, that is entered into or 
     extended by the guaranty agency, or any other party on behalf 
     of or with the concurrence of the guaranty agency, after the 
     date of enactment of the Student Financial Aid Improvements 
     Act of 1997 shall provide that the contract is terminable by 
     the Secretary upon 30 days notice to the contracting parties 
     if the Secretary determines that such contract includes an 
     impermissible transfer of the reserve funds or assets, or 
     is otherwise inconsistent with the terms or purposes of 
     this section; and
       ``(iii) no provision of State law shall apply to the 
     actions of the Secretary in terminating the operations of a 
     guaranty agency.''; and
       (H) by adding after paragraph (9) the following new 
     paragraph:
       ``(10) Use of surplus funds.--(A) A guaranty agency with an 
     agreement under this subsection may retain the amount 
     determined in accordance with subparagraph (B) for activities 
     in support of postsecondary education that are approved by 
     the Secretary.
       ``(B)(i) A guaranty agency may retain 50 percent of its net 
     revenues for fiscal year 1998 in excess of the guaranty 
     agency's need for working capital for such year, as 
     determined after compliance with section 422(h), for approved 
     activities.
       ``(ii) A guaranty agency may retain for approved activities 
     for fiscal year 1999 and succeeding fiscal years the lesser 
     of--
       ``(I) 50 percent of its net revenues for such year in 
     excess of its need for working capital, as determined after 
     compliance with section 422(h); or
       ``(ii) the amount of its net revenues for such year in 
     excess of its need for working capital, as determined after 
     compliance with section 422(h), that is equal to a uniform 
     percentage, established annually by the Secretary, of federal 
     revenues received by the guaranty agency for the preceding 
     year. In determining such percentage, the Secretary shall 
     take into account all guaranty agencies' revenues and costs 
     for the preceding year to determine an adequate level of 
     economic incentive for guaranty agencies to maximize their 
     efficiency.'';
       (4) by amending subsection (g) to read as follows:
       ``(g) Default Prevention Fee Paid by Lenders.--(1) An 
     eligible lender shall pay a guaranty agency, to which such 
     lender referred a delinquent loan, a default prevention fee 
     of not to exceed $100 per borrower account if the guaranty 
     agency succeeds in bringing such loan into current repayment 
     status.
       ``(2) The Secretary shall prescribe in regulations the 
     circumstances in which a lender may obtain a refund of a 
     default prevention fee if the borrower of a loan on which 
     such fee was paid subsequently defaults on such loan.''; and
       (5) in subsection (l)--
       (A) in paragraph (1), by striking the paragraph designation 
     and the paragraph heading; and
       (B) by striking paragraph (2).
       (b) Section 435(j) of the Act is amended by striking 
     ``section 428(b).'' and inserting ``section 428(c).''


                 repeal of state share of default costs

       Sec. 127. Section 428 of the Act is further amended by 
     striking subsection (n).


                          consolidation loans

       Sec. 128. (a) Section 428C of the Act is further amended--
       (1) in subsection (a)(3)--
       (A) in subparagraph (A), by inserting ``in an in-school 
     period,'' after ``for a consolidation loan is''; and
       (B) in subparagraph (B), by amending clause (i) to read as 
     follows:
       ``(i) Eligible student loans received by the eligible 
     borrower may be added to a consolidation loan during the 180-
     day period following the making of such consolidation 
     loan.'';
       (2) in subsection (b)(4)(C), by amending clause (ii) to 
     read as follows:
       ``(ii) provides that interest shall accrue and be paid--
       ``(I) by the Secretary, in the case of a consolidation loan 
     made before October 1, 1997 that consolidated only Federal 
     Stafford Loans for which the student borrower received an 
     interest subsidy under section 428;
       ``(II) by the Secretary, in the case of a consolidation 
     loan made on or after October 1, 1997, except that the 
     Secretary shall pay such interest only on that portion of the 
     loan that repays Federal Stafford Loans for which the student 
     borrower received an interest subsidy under section 428; and
       ``(III) by the borrower, or capitalized, in the case of a 
     consolidation loan, or portion thereof, other than one 
     described in subclause (I) or (II);''; and
       (3) in subsection (c)--
       (A) in paragraph (1)--
       (i) in subparagraph (A), by striking ``subparagraph (B) or 
     (C).'' and inserting ``subparagraph (B), (C), (D), or (E), 
     and subject to subparagraph (F).'';
       (ii) in subparagraph (C), by striking ``after July 1, 
     1994,'' and inserting ``after July 1, 1994 and before October 
     1, 1997,''; and
       (iii) by adding after subparagraph (C) the following new 
     subparagraphs:
       ``(D) A consolidation loan made on or after October 1, 
     1997, that repays loans made under section 428 or 428H, or a 
     combination thereof, shall bear interest at an annual rate on 
     the unpaid principal balance of the loan that is equal to--
       ``(i) the rate specified in section 427A(g), in the case of 
     a borrower in an in-school or grace period; or
       ``(ii) the rate specified in section 427A(h)(1) in all 
     other cases.
       ``(E) A consolidation loan made on or after October 1, 
     1997, that repays loans made under section 428B shall bear 
     interest at an annual rate on the unpaid principal balance of 
     the loan that is equal to the rate specified in section 
     427A(h)(2).
       ``(F) Notwithstanding any other provision of this section, 
     the Secretary may prescribe in regulation such procedures as 
     may be necessary to ensure that--
       ``(i) a borrower of a consolidation loan that repays a 
     combination of loans eligible to be consolidated under this 
     section, shall continue to receive, after consolidation, any 
     interest subsidy benefits associated with a loan, without 
     extending such benefits to any other loans consolidated that 
     do not have interest subsidy benefits;
       ``(ii) in the case of a consolidation loan that repays a 
     combination of loans described in subparagraphs (D) and (E), 
     the interest rate on such consolidation loan shall be 
     calculated in a manner that reflects the interest rate 
     applicable to loans made under each such subparagraph; and
       ``(iii) in the case of a consolidation loan that repays a 
     loan eligible to be consolidated

[[Page S3050]]

     under this section other than those described in 
     subparagraphs (D) and (E), the interest rate applicable to 
     such other loan shall be the interest rate described in 
     subparagraph (D) if such other loan is considered by the 
     Secretary to be subsidized, and the interest rate described 
     in subparagraph (E) if such other loan is considered by the 
     Secretary to be unsubsidized.''; and
       (B) in paragraph (4)--
       (i) by striking ``Repayment'' and inserting ``(A) Except as 
     provided in subparagraph (B), repayment''; and
       (ii) by adding after subparagraph (A) (as redesignated by 
     clause (i)) the following new subparagraph:
       ``(B) In the case of a consolidation loan that repays a 
     loan made under this part for which the borrower is in an in-
     school period at the time the consolidation application is 
     received, the repayment period for such consolidation loan 
     shall commence after the completion of a grace period, as 
     described in section 428(b)(7)(i).''.


                     contracts with other entities

       Sec. 129. Part B of title IV of the Act is amended by 
     inserting after section 428D the following new section:


                          ``contract authority

       ``Sec. 428E. The Secretary may enter into one or more 
     contracts to carry out any of the functions that otherwise 
     would be carried out by a guaranty agency with an agreement 
     under section 428(c).''.


                            eligible lender

       Sec. 130. Section 435(d) of the Act is amended--
       (1) in paragraph (1), by striking ``(6),'' and inserting 
     ``(7),''; and
       (2) by adding after paragraph (6) the following new 
     paragraph:
       ``(7) Uniform terms and conditions.--Subject to such 
     exceptions as the Secretary may prescribe in regulations, the 
     term `eligible lender' shall not include any lender that 
     offers different terms and conditions to different borrowers 
     of the same type of loan made or insured under this part.''.


                           special allowance

       Sec. 131. Section 438 of the Act is amended--
       (1) in subsection (a)(3), by striking ``quarterly rate'' 
     each place it appears and inserting ``rate''; and
       (2) in subsection (b)--
       (A) in paragraph (2)--
       (i) by striking ``subparagraphs (B), (C), (D), (E), and 
     (F)'' and inserting ``subparagraphs (B), (C), (D), (E), (F), 
     and (G)''; and
       (ii) by adding after subparagraph (F) the following new 
     subparagraph:
       ``(G)(i) Notwithstanding any other provision of this 
     section, in the case of loans made or insured under this part 
     for which the first disbursement is made on or after October 
     1, 1997, the special allowance paid pursuant to this 
     subsection shall be computed for any 12-month period 
     beginning on July 1 and ending on June 30 by--
       ``(I) determining the bond equivalent rate on the preceding 
     June 1 of the securities with a comparable maturity, as 
     established by the Secretary; and
       ``(II) subtracting the applicable interest rate on such 
     loans from such amount.
       ``(ii) The amount of special allowance computed under 
     clause (i) shall be paid in quarterly increments for the 3-
     month periods described in paragraph (1).''; and
       (B) in paragraph (3), in the second sentence, by striking 
     ``determined for any such 3-month period shall be paid 
     promptly after the close of such period,'' and inserting 
     ``calculated under this subsection shall be paid promptly 
     after the close of the 3-month period for which such special 
     allowance payment is due.''.


             student loan marketing association offset free

       Sec. 132. Section 439(h)(7) of the Act is amended by adding 
     after subparagraph (C) the following new subparagraph:
       ``(D) The calculation of the fee required under 
     subparagraph (A) or (B), as the case may be, shall be 
     determined on the basis of the principal amount of all loans 
     (except for loans made under section 428C, 430(o) or 
     430(q))--
       ``(i) owned, in whole or in part, by the Association, any 
     subsidiary of the Association, or any company, trust or other 
     entity owned by, or controlled by, the Association; or
       ``(ii) held by a trust (including a trustee on behalf of a 
     trust), or by any other entity in which the Association, or 
     any subsidiary, holds more than a minimal beneficial interest 
     (as determined by the Secretary).''.


                       direct loan transition fee

       Sec. 133. Section 452(b) of the Act is amended to read as 
     follows:
       ``(b) Transitiion Fees.--The Secretary shall pay fees to 
     institutions of higher education (or a consortium of those 
     institutions) with agreements under section 454(b), in the 
     first year of their participation in the program authorized 
     by this part, in order to compensate for costs associated 
     with their transition to the program. The fees shall not 
     exceed an average of $10 per borrower at all institutions 
     receiving the fees.''.


                   funds for administrative expenses

       Sec. 134. Section 458(a) of the Act is amended, in the 
     first sentence, by striking ``$260,000,000'' through the end 
     of the sentence and inserting the following: ``$532,000,000 
     in fiscal year 1998, $610,000,000 in fiscal year 1999, 
     $705,000,000 in fiscal year 2000, $806,000,000 in fiscal year 
     2001, and $904,000,000 in fiscal year 2002.''.

              PART C--NEED ANALYSIS AND GENERAL PROVISIONS


               hope scholarship need analysis amendments

       Sec. 141.(a) Calculation of Available Income.--(1) Section 
     475 of the Act is amended--
       (A) by amending subsection (c)(1)(A) to read as follows:
       ``(A) the sum of--
       ``(i) Federal income taxes;
       ``(ii) the amount of any tax credit taken under section 24A 
     of the Internal Revenue Code of 1986; and
       ``(iii) the amount by which tax liability determined 
     without regard to the deduction provided under section 221 of 
     the Internal Revenue Code exceeds the amount of tax liability 
     determined after taking such deduction into account;''; and
       (B) by amending subsection (g)(2)(A) to read as follows:
       ``(A) the sum of--
       ``(i) Federal income taxes;
       ``(ii) the amount of any tax credit taken by the student 
     under section 24A of the Internal Revenue Code of 1986; and
       ``(iii) the amount by which tax liability determined 
     without regard to the deduction provided under section 221 of 
     the Internal Revenue Code exceeds the amount of tax liability 
     determined after taking such deduction into account;''.
       (2) Section 476(b)(1)(A)(i) of the Act is amended to read 
     as follows:
       ``(A) the sum of--
       ``(i) Federal income taxes;
       ``(ii) the amount of any tax credit taken under section 24A 
     of the Internal Revenue Code of 1986; and
       ``(iii) the amount by which tax liability determined 
     without regard to the deduction provided under section 221 of 
     the Internal Revenue Code exceeds the amount of tax liability 
     determined after taking such deduction into account;''.
       (3) Section 477(b)(1)(A) of the Act is amended to read as 
     follows:
       ``(A) the sum of--
       ``(i) Federal income taxes;
       ``(ii) the amount of any tax credit taken under section 24A 
     of the Internal Revenue Code of 1986; and
       ``(iii) the amount by which tax liability determined 
     without regard to the deduction provided under section 221 of 
     the Internal Revenue Code exceeds the amount of tax liability 
     determined after taking such deduction into account;''.
       (b) Definitions.--Section 480 of the Act is amended--
       (1) in subsection (a)(2)--
       (A) by striking ``and no portion'' and inserting ``no 
     portion''; and
       (B) by inserting after ``(42 U.S.C. 12571 et seq.),'' the 
     following: ``and no portion of any tax credit taken under 
     section 24A of the Internal Revenue Code of 1986,'';
       (2) in subsection (b)--
       (A) in paragraph (13), by striking ``and'' at the end of 
     the paragraph;
       (B) by redesignating paragraph (14) as paragraph (15); and
       (C) by inserting after paragraph (13) the following new 
     paragraph:
       ``(14) any tax deduction taken under section 221 of the 
     Internal Revenue Code of 1986; and'';
       (3) in subsection (e)--
       (A) in paragraph (3), by striking ``and'' at the end of the 
     paragraph;
       (B) in paragraph (4), by striking the period at the end of 
     the paragraph and inserting ``; and''; and
       (C) by adding after paragraph (4) the following new 
     paragraph:
       ``(5) any tax credit taken under section 24A of the 
     Internal Revenue Code of 1986; and'';
       (4) in subsection (j), by adding after paragraph (3) the 
     following new paragraph:
       ``(4) Notwithstanding paragraph (1), a tax credit taken 
     under section 24A of the Internal Revenue Code of 1986 shall 
     not be treated as estimated financial assistance for purposes 
     of section 471(3).''.


income protection allowance for independent students without dependents

       Sec. 142. (a) Section 476(b) of the Act is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (A)--
       (i) by amending clause (iv) to read as follows:
       ``(iv) an income protection allowance, determined in 
     accordance with paragraph (4);''; and
       (ii) in clause (v), by striking ``paragraph (4);'' and 
     inserting ``paragraph (5);''; and
       (B) in subparagraph (B), by striking ``paragraph (5).'' and 
     inserting ``paragraph (6).'';
       (2) by redesignating paragraphs (4) and (5) as paragraphs 
     (5) and (6), respectively; and
       (3) by inserting after paragraph (3) the following new 
     paragraph:
       ``(4) Income Protection Allowance.--The income protection 
     allowance is determined by the following table (or a 
     successor table prescribed by the Secretary under section 
     478):

                       ``INCOME PROTECTION ALLOWANCE                    
------------------------------------------------------------------------
                                                      Number in College 
          Family Size (including student)          ---------------------
                                                        1          2    
------------------------------------------------------------------------
1.................................................      8,000           
2.................................................     10,250   8,720''.
------------------------------------------------------------------------

       (b) Section 478(b) of the Act is amended by striking 
     ``sections 475(c)(4) and 477(b)(4).'' and inserting 
     ``sections 475(c)(4), 476(b)(4), and 477(b)(4).''.

[[Page S3051]]

                      HOPE SCHOLARSHIP DEFINITIONS

       Sec. 143. Section 481 of the Act is amended by adding after 
     subsection (f) the following new subsection:
       ``(g) Hope Scholarship Definitions.--(1) As necessary for 
     purposes of the tax credit provided under section 24A of the 
     Internal Revenue Code of 1986, and the deduction provided 
     under section 221 of such Code, the Secretary of Education 
     shall define in regulation the following terms:
       ``(A) academic period;
       ``(B) normal full-time workload;
       ``(C) first two years of postsecondary education;
       ``(D) qualifying grade point average;
       ``(E) job skills; and
       ``(F) new job skills.
       ``(2) Notwithstanding any other provision of law, the 
     regulations described in paragraph (1) shall not be subject 
     to section 482(c).''.


                   EXTENSION OF STUDENT AID PROGRAMS

       Sec. 144. Title IV of the Act is amended--
       (1) in section 401(a)(1), by striking ``September 30, 
     1998,'' and inserting ``September 30, 1999,'';
       (2) in section 424(a), by striking ``1998.'' and ``2002.'' 
     and inserting ``2002.'' and ``2006.'', respectively;
       (3) in section 428(a)(5), by striking ``1998,'' and 
     ``2002.'' and inserting ``2002,'' and ``2006.'', 
     respectively;
       (4) in section 428C(e), by striking ``1998.'' and inserting 
     ``2002.''; and
       (5) in section 466--
       (A) in subsection (a)--
       (i) in the matter preceding paragraph (1), by striking 
     ``September 30, 1996,'' and ``March 31, 1997,'' and inserting 
     ``September 30, 1998,'' and ``March 31, 1999'', respectively; 
     and
       (ii) in paragraph (1), by striking ``September 30, 1996,'' 
     and inserting ``September 30, 1998,'';
       (B) in subsection (b), by striking ``September 30, 1996,'' 
     and inserting ``September 30, 1998,''; and
       (C) in subsection (c), by striking out ``October 1, 1997,'' 
     and inserting ``October 1, 1998,''.

                        PART D--EFFECTIVE DATES


                            EFFECTIVE DATES

       Sec. 151. (a) Except as otherwise provided in this section, 
     the amendments made by this title shall take effect on the 
     date of enactment of this Act.
       (b) Section 211 is effective for the calculation of Pell 
     Grant awards for award years beginning on or after July 1, 
     1998.
       (c) Section 222 is effective for a loan made under part B 
     or part D of title IV of the Act for which the first 
     disbursement is made on or after October 1, 1997.
       (d) Section 223(a)(3) and section 428(b)(5)(C) of the Act 
     (as added by section 226(a)(2)(E)) are effective as if they 
     were enacted on July 23, 1992.
       (e) Sections 224, 229, and 230 take effect on October 1, 
     1997.
       (f) Section 231 is effective for a loan made or insured 
     under part B of title IV of the Act for which the first 
     disbursement is made on or after October 1, 1997.
       (g) Section 232 is effective as if it were enacted on 
     August 10, 1993, but does not apply to the privatized entity 
     that may be created as a result of the Student Loan Marketing 
     Association Reorganization Act of 1996 (Title VI of the 
     Departments of Labor, Health and Human Services, Education, 
     and Related Agencies Appropriations Act, 1997, as enacted by 
     section 101(e) of Division A of Pub. L. No. 104-208).
       (h) Section 242 is effective for determinations of need for 
     academic years beginning on or after July 1, 1998.
                                                                    ____



                                 U.S. Department of Education,

                                   Washington, DC, March 20, 1997.
     Hon. Albert Gore, Jr.,
     President of the Senate,
     Washington, DC.
       Dear Mr. President: We are enclosing for the consideration 
     of the Congress the Administration's legislative proposal 
     entitled ``The Hope and Opportunity for Postsecondary 
     Education (HOPE) Act of 1997.'' This bill, which includes 
     higher education tax and spending proposals, would promote 
     access to college for low- and middle-income students and 
     provide tax relief to middle-income families struggling to 
     pay for college. These proposals are fully paid for in the 
     President's fiscal year 1998 budget proposal. An identical 
     letter is being sent to the Speaker of the House.
       The need for higher education--both for the individual and 
     the Nation--has never been greater. Economic prosperity in 
     the next century will come through productivity gains and 
     technological advances that require an adaptable and highly-
     skilled work force. Those nations that provide their citizens 
     with opportunities to gain higher level skills and to learn 
     throughout a lifetime will thrive.
       The Federal student aid programs have already opened the 
     doors to college for millions of Americans. Despite making 
     tremendous gains in access to college, students from lower-
     income families still are far less likely to attend college 
     or earn a degree than are students from higher-income 
     families. Even students from middle-income families are only 
     one-half as likely to earn a college degree as those from 
     upper-income families. This gap shows that we must do more to 
     make higher education readily available to all.
       To enable all of our citizens, young and old, to gain 
     access to higher education and training, and to strengthen 
     the Nation's ability to compete in the global economy, the 
     Administration proposes a set of integrated grant, loan and 
     tax relief measures that would: create HOPE Scholarships, 
     higher education tax deductions and other tax benefits worth 
     $38.6 billion between fiscal years 1997 and 2002; create 
     strong incentives for saving to help families pay for 
     postsecondary education costs; significantly increase the 
     amount of grant aid available to needy students through the 
     Pell Grant program; and reduce up-front fees in the loan 
     programs to put an additional $2.6 billion over five years in 
     the hands of students. These targeted financing proposals 
     would help our citizens acquire and maintain the knowledge 
     and skills they need to be productive throughout their 
     lives.


                        title i--tax provisions

       This section of the bill would create a HOPE Scholarship 
     tax credit to help make 14 years of education the standard 
     for all Americans. A taxpayer could claim a $1,500 per-
     student nonrefundable tax credit for tuition and required 
     fees for enrollment of the taxpayer, the taxpayer's spouse, 
     or the taxpayer's dependent in a postsecondary degree or 
     certificate program.
       The credit would be available for payments made after 
     December 31, 1996 with respect to education commencing on or 
     after July 1, 1997. The amount of the credit would be reduced 
     by other non-taxable Federal educational grants, such as Pell 
     Grants, received by the student. The student could claim the 
     credit for two different years, so long as he or she is 
     enrolled on at least a half-time basis in each of those 
     years. The HOPE Scholarship would be available for a second 
     year only if the student had obtained at least a B-minus 
     average for all prior postsecondary course work completed 
     before the beginning of the second taxable year. A credit 
     would not be available in any year for a student who had been 
     convicted of a drug-related felony. The maximum credit amount 
     would be indexed for inflation beginning in 1998.
       In addition to the HOPE Scholarship tax credit, an annual 
     tax deduction of up to $5,000 per family ($10,000 after 1998) 
     would be permitted for the tuition costs of college, graduate 
     study, job training, or retraining for the taxpayer, or the 
     taxpayer's spouse or dependents. The deduction would be 
     available to all taxpayers, whether or not they itemized 
     deductions. Because the deduction would be available for 
     students enrolled in as little as one course at a time if the 
     course is career-enhancing, it would be especially valuable 
     for working adults seeking to improve their job skills.
       A taxpayer could claim either the HOPE Scholarship tax 
     credit or the tax deduction but not both, for a student's 
     expenses in the same tax year. In addition, both the credit 
     and deduction would be phased out for taxpayers filing a 
     joint return with adjusted gross income (AGI) between $80,000 
     and $10,000. For taxpayers filing a head-of-household or 
     single return, the credit and deduction would be phased out 
     for those with AGI between $50,000 and $70,000. The phase-out 
     ranges would be indexed for inflation beginning in 2001. 
     Education expenses qualifying for the credit and deduction 
     include tuition and fees paid to institutions eligible to 
     participate in Federal student aid programs under the Higher 
     Education Act (HEA).
       This bill would exempt from taxation up to $5,250 annually 
     in employer-provided educational assistance and restore this 
     benefit for graduate level education. In addition, beginning 
     in 1998, small businesses would be eligible for a new credit 
     equal to 10 percent of amounts spent on worker training 
     provided by third parties. The bill also would provide tax 
     relief for loan forgiveness so that students whose loans are 
     forgiven by charitable or educational institutions in 
     return for community service, and borrowers whose Direct 
     Loans are forgiven after 25 years in the Income Contingent 
     Repayment plan, are not taxed on the forgiven amount.
       As you know, in addition to the tax proposals contained in 
     the HOPE Act, the President has also proposed targeted tax 
     cuts to help middle-income Americans raise their young 
     children and save for the future. Under the economic and 
     technical assumptions of the Office of Management and Budget 
     (OMB), which we stand behind, all of these tax cuts could be 
     made permanent, and the President's budget would still reach 
     balance in 2002.
       At the same time, the President has committed to reach 
     balance in 2002 under the assumptions of the Congressional 
     Budget Office (CBO) as well. For the sole purpose of ensuring 
     that CBO continues to score the President's budget as 
     balanced in 2002, we have included in this proposal, and 
     elsewhere, sunset dates that would end most of our tax cuts 
     after the year 2000. However, the President's budget also 
     includes a fast-track procedure for the Congress to extend 
     the tax cuts if, as we believe, OMB's assumptions prove more 
     accurate than CBO's, and we can still reach balance in 2002.


                    title ii--student aid provisions

       The Administration is proposing funding sufficient to 
     establish the maximum Pell Grant award at $3,000 in its 
     fiscal year 1998 appropriation request, up from $2,700 in 
     fiscal year 1997. The HOPE Act contains language that would 
     reinforce this funding request by requiring that the Pell 
     Grant maximum award be at least $3,000, a level that is 
     needed to help restore the value of the grant and to provide 
     a meaningful level of support.

[[Page S3052]]

       This bill also proposes substantial improvements in the way 
     financial need is determined for disadvantaged independent 
     students who do not have dependents (other than a spouse). 
     The bill would set the income protection allowances for 
     independent students who do not have dependents in the same 
     way as the allowances used for other students. The 
     Administration has included an amendment in the 1998 
     appropriation language for the 1998-99 award year. This bill 
     would make a permanent change to the HEA for later years.
       The proposed bill would amend the HEA to reduce loan fees 
     for students by $2.6 billion over five years and lower 
     interest rates for Unsubsidized Stafford Loan borrowers by 
     one percentage point, thereby saving students an additional 
     $1 billion over five years. The bill also would standardize 
     benefits for students, to the extent practicable, across the 
     Direct Loan and Federal Family Education Loan (FFEL) 
     programs, and address a number of structural problems and 
     inefficiencies in the FFEL program.
       Under this bill, borrowers would realize substantial 
     benefits as loan origination fees are cut in half for the 
     neediest students and by 25 percent for others. Interest 
     rates on Unsubsidized Stafford loans would be lowered by one 
     percentage point while borrowers are in school. Lenders 
     would be required to offer the same terms to all borrowers 
     for the same type of loan--just as the government is 
     required to do under the Direct Loan program. Borrowers 
     who consolidate loans within FFEL would receive the same 
     interest rates and comparable benefits to those who 
     consolidate in Direct Loans.
       This bill proposes a number of changes to the FFEL guaranty 
     agency system in recognition that these State and private 
     nonprofit entities are not the ultimate guarantors of FFEL 
     and act only as administrative agents of the Federal 
     government. Because the Federal government is the sole 
     insurer of FFEL loans, the Secretary would undertake the 
     obligation to pay lenders directly using his agents and 
     recall guaranty agency reserves over the next five years, 
     saving some $2.5 billion.
       To address structural deficiencies that hamper default 
     prevention activities, guaranty agencies would be authorized 
     to retain no more than 18.5 percent of default collections--
     comparable to the Department's cost of collections--not the 
     arbitrary 27 percent guaranty agencies retain under current 
     law. Guaranty agencies would receive a default prevention fee 
     from lenders when delinquent loans are brought current. To 
     further encourage default prevention, lender risk-sharing 
     would be increased to 5 percent from 2 percent, and lenders 
     would be required to offer borrowers certain additional 
     flexible repayment options now offered under the Direct Loan 
     program.
       A more complete summary of the bill's provisions is 
     contained in the Section-By-Section Analysis enclosed with 
     this letter.
       This bill is part of an ambitious national agenda--an 
     agenda for the next century that places education at the 
     center and recognizes that all workers need to possess ever 
     higher levels of skills throughout their lifetime. Provisions 
     in this bill reflect the Administration's strong belief that 
     we must raise educational expectations and make 14 years of 
     education the standard for every American. At the same time, 
     this bill offers substantial increases in benefits to needy 
     students, significant, targeted education tax relief to 
     working and middle-income families, and lifelong learning 
     opportunities for all Americans.
       The HOPE Act creates a powerful new way for the Nation to 
     invest in its citizens and the economy. I urge you to join me 
     in supporting this legislation. The Office of Management and 
     Budget advises that there is no objection to the submission 
     of this legislation to the Congress and that its enactment 
     would be in accord with the program of the President.
     Pay-As-You-Go Requirement
       The Omnibus Budget Reconciliation Act of 1990 requires that 
     all revenue and direct spending legislation meet a pay-as-
     you-go requirement. That is, no such bill should result in an 
     increase in the deficit; and if it does, it will trigger a 
     sequester if not fully offset.

                              EDUCATION TAX INCENTIVES--CHANGE IN FEDERAL REVENUES                              
                                              [Millions of dollars]                                             
----------------------------------------------------------------------------------------------------------------
                                              1997     1998      1999      2000      2001      2002      97-02  
----------------------------------------------------------------------------------------------------------------
PAYGO--on-budget...........................    -138    -4,479    -6,662    -8,372    -8,819    -9,349    -37,819
Non-PAYGO--off-budget......................     -28      -210      -207      -234       -60         0       -739
    Total Receipts--Effects................    -166    -4,689    -6,869    -8,606    -8,879    -9,349    -38,558
----------------------------------------------------------------------------------------------------------------


                         STUDENT LOAN PROVISIONS--CHANGE IN BUDGET AUTHORITY AND OUTLAYS                        
                                              [Millions of dollars]                                             
----------------------------------------------------------------------------------------------------------------
                                                     1997     1998     1999    2000    2001     2002      97-02 
----------------------------------------------------------------------------------------------------------------
Loans: Budget Authority...........................    -340    -1,304    -154    -190    -193    -1,287    -3,468
Loans: Outlays....................................    -340    -1,050    -347    -225    -210    -1,294    -3,466
----------------------------------------------------------------------------------------------------------------

           Sincerely,
     Richard W. Riley,
                                           Secretary of Education.
     Robert Rubin,
                                        Secretary of the Treasury.

    THE HOPE AND OPPORTUNITY FOR POSTSECONDARY EDUCATION ACT OF 1997

                      Section-by-Section Analysis

             TITLE I--EDUCATION AND TRAINING TAX INCENTIVES


hope scholarship tuition tax credit and education and job training tax 
                               deduction

     Current Law
       Taxpayers generally may not deduct the expenses of higher 
     education and training. There are, however, special 
     circumstances in which deductions for higher education 
     expenses are allowed, or in which the payment of higher 
     education expenses by others is excluded from income.
       Higher education expenses may be deductible, but only if 
     the taxpayer itemizes deductions, and only to the extent that 
     the expenses, along with other miscellaneous itemized 
     deductions, exceed two percent of adjusted gross income 
     (AGI). A deduction for educational purposes is allowed only 
     if the education maintains or improves a skill required in 
     the individual's employment or other trade or business, or is 
     required by the individual's employer, or by law or 
     regulation for the individual to retain his or her current 
     job.
       The interest from qualified U.S. savings bonds is excluded 
     from a taxpayer's gross income to the extent the proceeds of 
     the bonds are used to pay qualified educational expenses. To 
     be qualified, the savings bonds must be purchased after 
     December 31, 1989, by a person who has attained the age of 
     24. The interest exclusion is phased out for taxpayers with 
     AGI over certain amounts. For 1996, the exclusion was phased 
     out for taxpayers with modified AGI between $49,450 and 
     $64,450 ($74,200 and $104,200 for joint returns). Qualified 
     educational expenses consist of tuition and fees for 
     enrollment of the taxpayer, the taxpayer's spouse, or the 
     taxpayer's dependent at a public or non-profit institution of 
     higher education, including two-year colleges and vocational 
     schools.
     Reasons for Change
       Well-educated workers are essential to an economy 
     experiencing technological change and facing global 
     competition. The Administration believes that reducing the 
     after-tax cost of education for individuals and families 
     through tax credits and deductions will encourage investment 
     in education and training while lowering tax burdens for 
     middle-income taxpayers.
       The expenses of higher education place a significant burden 
     on many middle-class families. Grants and subsidized loans 
     are available to students from low- and moderate-
     income families; high-income families can afford the cost 
     of higher education. The combination of Federal grants and 
     a tax credit reduces the after-tax cost of higher 
     education, creating a Federal guarantee of a specified 
     amount of assistance for higher education expenses by 
     reducing the after-tax cost of higher education. This 
     guarantee will help make 14 years of education the norm in 
     America.
     Proposal
       As described in detail below, taxpayers would be able to 
     claim a non-refundable tax credit or a tax deduction for 
     qualified higher education expenses incurred for themselves, 
     their spouses or their dependents during their first two 
     years of postsecondary education in a degree or certificate 
     program. If the requirements for both the credit and the 
     deduction were met with respect to a particular student's 
     expenses, the taxpayer would be free to choose either the 
     credit or the deduction for those expenses. The deduction, 
     but not the credit, would be available for qualified higher 
     education expenses incurred after the first two years of 
     postsecondary education or at any time for courses that 
     enable the taxpayer, the taxpayer's spouse or dependent to 
     acquire or improve job skills.
     HOPE Scholarship Tuition Credit
       A taxpayer would be allowed a non-refundable credit against 
     Federal income tax for qualified higher education expenses 
     paid during the taxable year for the education of the 
     taxpayer, the taxpayer's spouse, or the taxpayer's 
     dependents. The credit would be

[[Page S3053]]

     available with respect to an individual student for two 
     taxable years, provided the student has not completed the 
     first two years of postsecondary education.
       A credit for qualified higher education expenses would be 
     available in the taxable year the expenses are paid, subject 
     to the requirement that the education commence or continue 
     during that year or during the first three months of the next 
     year, and provided the student is enrolled during the year 
     (or in the first three months of the next year) at least 
     half-time in a degree or certificate program. Qualified 
     higher education expenses paid with the proceeds of a loan 
     generally would be eligible for the credit (rather than 
     repayment of the loan itself). The credit would be recaptured 
     where a student or the taxpayer received a refund (or 
     reimbursement through insurance) of tuition and fees for 
     which a credit had been claimed in a prior year.
       With respect to an individual student, a taxpayer is 
     limited to a tuition tax credit of the lesser of the 
     taxpayer's qualified higher education expenses and the 
     maximum credit amount. The maximum credit for a taxable year 
     would be $1500, reduced by any Federal educational grants, 
     such as Pell Grants, awarded for that year (or for education 
     beginning in the first three months of the next year, if 
     credits are claimed based on payments for that education). 
     Beginning in 1998, the maximum credit amount would be indexed 
     for inflation, rounded down to the closest multiple of $50.
       The maximum credit amount would be phased out ratably for 
     taxpayers with modified AGI between $50,000 and $70,000 
     ($80,000 and $100,000 for joint returns). Modified AGI would 
     include taxable Social Security benefits and amounts 
     otherwise excluded with respect to income earned abroad (or 
     income from Puerto Rico or U.S. possessions), and would be 
     determined before the deduction for education expenses 
     contained in this proposal. Beginning in 2001, the income 
     phase-out ranges would be indexed for inflation, rounded down 
     to the closest multiple of $5000.\1\
---------------------------------------------------------------------------
     \1\ This description of the proposal reflects a modification 
     of the indexing date contained in the OMB analytical 
     materials relating to this proposal.
---------------------------------------------------------------------------
       Qualified higher education expenses would be defined as 
     tuition and fees charged by an institution of higher 
     education that are directly related to an eligible student's 
     course of study (e.g., registration fees, laboratory fees, 
     and extra charges for particular courses). Charges and 
     expenses associated with meals, lodging, student activities, 
     athletics, health care, transportation, books and similar 
     personal, living or family expenses would not be included. 
     The expenses of education involving sports, games or hobbies 
     would not be qualified higher education expenses unless this 
     education is required as part of a degree program.
       Qualified higher education expenses generally would include 
     only out-of-pocket tuition and fees. Qualified higher 
     education expenses would not include expenses covered by 
     educational assistance that is not required to be included in 
     the gross income of either the student or the taxpayer 
     claiming the credit. Thus, total tuition and required fees 
     would be reduced by scholarship or fellowship grants 
     excludable from gross income under section 117 of the 
     Internal Revenue Code (scholarships and fellowships that pay 
     for tuition, required fees, books and equipment) and any 
     educational assistance received as veterans' benefits. 
     However, assistance with expenses other than tuition, 
     required fees and books, such as expenses associated with 
     meals, lodging, student activities, athletics, health care 
     and transportation, could be received without a reduction of 
     creditable higher education expenses. In addition, qualified 
     higher education expenses would be reduced by the interest 
     from qualified U.S. savings bonds that is excluded from a 
     taxpayer's gross income for the taxable year. However, no 
     reduction would be required for a gift, bequest, devise, or 
     inheritance within the meaning of section 102(a).
       An eligible student would be one who is enrolled or 
     accepted for enrollment during the taxable year in a degree, 
     certificate, or other program (including a program of study 
     abroad approved for credit by the institution at which such 
     student is enrolled) leading to a recognized educational 
     credential at an eligible institution. The student must 
     pursue a course of study on at least a half-time basis. In 
     addition, for a student's qualified higher education expenses 
     to be eligible for the credit, the student must not have been 
     convicted of a Federal or state felony consisting of the 
     possession or distribution of certain drugs, and generally 
     cannot be a nonresident alien. Furthermore, a taxpayer would 
     not be entitled to a credit for a second taxable year unless 
     the student obtained a qualifying grade point average for 
     all previous postsecondary education. Generally, this 
     would be an average of at least 2.75 on a 4-point scale, 
     or a substantially similar measure of achievement. This 
     provision would allow institutions that do not use a 4-
     point grading scale to retain their own system while still 
     allowing their students to qualify for the credit: these 
     institutions will determine what measure under the system 
     they use reasonably approximates a B- grade point average.
       An ``institution of higher education'' is defined by 
     reference to section 481 of the Higher Education Act. Such 
     institutions generally would be accredited postsecondary 
     educational institutions offering credit toward a bachelor's 
     degree, an associate's degree, or another recognized 
     postsecondary credential. They could also be proprietary 
     institutions or postsecondary vocational institutions. The 
     institution must be eligible to participate in Department of 
     Education student aid programs.
       This proposed credit would not affect deductions claimed 
     under any other section of the Code, except that if a 
     student's qualified higher education expenses for a taxable 
     year are deducted under another section of the Code 
     (including the proposed deduction for education expenses) no 
     credit would be available. If a taxpayer is eligible to claim 
     either the credit or the deduction for qualified higher 
     education expenses with regard to a single student, the 
     taxpayer may choose between the credit and the deduction, but 
     may not claim both. In addition, a taxpayer may claim the 
     credit for some students and the deduction for others. An 
     eligible student would not be entitled to claim a credit 
     under this provision if that student is claimed as a 
     dependent for tax purposes by another taxpayer. If a parent 
     claims a student as a dependent, any education expenses paid 
     by the student would be treated as paid by the parent for 
     purposes of this proposal.
       The Secretary of the Treasury and the Secretary of 
     Education, operating in close consultation, will have 
     authority to issue regulations to implement the provisions. 
     The Secretary of the Treasury generally would be authorized 
     to issue regulations to implement this section of the 
     Internal Revenue Code. For example, the Secretary of the 
     Treasury would have authority to issue regulations providing 
     appropriate rules for recordkeeping and information of 
     reporting. These regulations would address the information 
     reports institutions of higher education would file to assist 
     students and the IRS in determining whether a student meets 
     the eligibility requirements for the credit and calculating 
     the amount of the credit that is potentially available. 
     However, certain terms would be defined by reference to the 
     Higher Education Act of 1965. The Secretary of Education 
     would have the authority to issue regulations under those 
     provisions as well as authority to define other education 
     terms as necessary. The Secretary of the Treasury and the 
     Secretary of Education would coordinate their work in 
     developing their respective regulations.
       The proposal would be effective for payments made on or 
     after January 1, 1997, for education commencing on or after 
     July 1, 1997.
     Education and Job Training Tax Deduction
       A taxpayer would be allowed a deduction for qualified 
     higher education expenses paid during the taxable year for 
     the education or training of the taxpayer, the taxpayer's 
     spouse, or the taxpayer's dependents. The deduction would be 
     allowed in determining AGI. Therefore, taxpayer's could claim 
     the deduction even if they do not itemize their deductions 
     and even if they do not meet the two-percent of AGI floor on 
     miscellaneous itemized deductions.
       The term ``eligible student'' generally is defined in the 
     same way for the proposed deduction as it is for the proposed 
     tuition credit, that is, to include students enrolled at 
     least half-time in a degree or certificate program at an 
     institution of higher education. However, a student taking a 
     course to improve or acquire jobs skills would also be an 
     eligible student for purposes of the deduction. Qualified 
     higher education expenses would also be defined in the same 
     way for the deduction proposal as they are for the tuition 
     credit proposal, that is, tuition and required fees that are 
     directly related to an eligible student's course of study.
       ``Institution of higher education'' is defined the same way 
     for purposes of this proposal as it is in the tuition credit 
     proposal.
       Qualified higher education expenses would be deductible in 
     the taxable year the expenses are paid, subject to the 
     requirement that the education commences or continues during 
     that year or during the first three months of the next year. 
     Deductible educational expenses paid with the proceeds of a 
     loan generally would be deductible (rather the repayment of 
     the loan itself). Normal tax benefits rules would apply to 
     refunds (and reimbursement through insurance) of previously 
     deducted tuition and fees, making such refunds includable in 
     income in the year received.
       In 1997 and 1998 the maximum deduction for a taxpayer would 
     be $5,000. In 1999 and thereafter, this maximum would 
     increase to $10,000. The deduction would be phased out 
     ratably over an income range in the same way as the credit. 
     The maximum deduction would not vary with the number of 
     students in a family.
       This proposal would not affect deductions claimed under any 
     other section of the Code, except that any amount deducted 
     under another section of the Code could not also be deducted 
     under this provision. In addition, a taxpayer who claimed a 
     deduction for a student's qualified higher education expenses 
     for a particular taxable year could not also claim a tuition 
     tax credit for any of the student's qualified higher 
     education expenses for the year. A student would not be 
     eligible to claim a deduction under this provision if that 
     student is claimed as a dependent for tax purposes by another 
     taxpayer. If a parent claims a student as a dependent, any 
     education expenses paid by the student will be treated as 
     paid by the parent for purposes of this proposal.
       The proposal would grant the Secretary of the Treasury 
     authority to issue regulations

[[Page S3054]]

     under this section, including rules requiring record keeping 
     and information reporting.
       This proposal would be effective for payments made on or 
     after January 1, 1997, for education commencing on or after 
     July 1, 1997.


        tax incentives for expansion of student loan forgiveness

     Current Law
       Generally, a taxpayer has income when all or part of a loan 
     made to the taxpayer is forgiven. However, an exception is 
     provided in section 108(f) for the forgiveness of certain 
     student loans. If the United States, a State or local 
     government, or a public benefit corporation with control over 
     a state, county, or municipal hospital makes a loan to a 
     student to support the student's attendance at an educational 
     institution and subsequently forgives all or part of the 
     loan, the income resulting from the cancellation of 
     indebtedness is excluded from the student's income, provided 
     the loan forgiveness is contingent on the student's working 
     for a certain period of time in certain professions for any 
     of a broad class of employers.
     Reasons for Change
       The Administration believes in encouraging Americans to use 
     their education and training in community service. Providing 
     tax relief in connection with the forgiveness of certain 
     student loans will help make it possible for students with 
     valuable professional skills to accept lower-paying jobs that 
     serve the public.
     Proposal
       The income exclusion for student loan forgiveness would be 
     expanded to cover forgiveness of loans extended by nonprofit 
     tax-exempt charitable or educational institutions to their 
     students or graduates when the proceeds are to be used to 
     repay outstanding student loans, provided the loan 
     forgiveness is contingent on the student's working for a 
     certain period of time in certain professions for any of a 
     broad class of employers. The income exclusion would not be 
     available where a loan is extended and then forgiven by an 
     institution that employs the borrower. The exclusion would 
     also be expanded to cover forgiveness of direct student loans 
     made through the William D. Ford Federal Direct Loan Program 
     where loan repayment and forgiveness are contingent on the 
     borrower's income level.
       The proposal would be effective with respect to amounts 
     otherwise includable in income after the date of enactment.


         exclusion for employer-provided educational assistance

     Current Law
       Section 127 provides that an employee's gross income and 
     wages do not include amounts paid or incurred by the employer 
     for educational assistance provided to the employee if 
     such amounts are paid or incurred pursuant to a qualified 
     educational assistance program. This exclusion is limited 
     to $5,250 of educational assistance with respect to an 
     individual during a calendar year. The exclusion applies 
     whether or not the education is job-related. In the 
     absence of this exclusion, educational assistance is 
     excludable from income only if it is related to the 
     employee's current job.
       The exclusion for undergraduate education expires in mid-
     1997. The exclusion does not apply to graduate level courses 
     beginning after mid-1996.
     Reason for Change
       Well-educated workers are essential to an economy 
     experiencing technological change and facing global 
     competition. Extension of section 127, including 
     reinstatement of its application to graduate courses, will 
     expand educational opportunity and increase productivity. In 
     addition, these provisions will encourage the retraining of 
     current and former employees to reflect the changing needs of 
     the workplace. The extension of section 127 also will 
     simplify the rules for employers and workers by eliminating 
     the need to distinguish between job-related expenses and 
     other employer-provided educational assistance.
     Proposal
       The section 127 exclusion would be extended through 
     December 31, 2000 and reinstated for graduate education.


 small business tax credit for employer-provided educational assistance

     Current Law
       Under current law, job-related training and education 
     expenses, as well as amounts paid or incurred by an employer 
     for educational assistance provided to employees pursuant to 
     a qualified educational assistance program, are deductible by 
     the employer. Employer payments for job-related training and 
     amounts paid under a qualified educational assistance program 
     up to $5,250 annually are excluded from the gross income and 
     wages of the employee. No special incentive is provided to 
     assist small businesses in promoting employee education.
     Reason for Change
       Education and training builds skills and increases the 
     productivity of the American workforce. Well-educated workers 
     are better able to adapt to changes in the workforce and the 
     demands of technological challenges and global competition. 
     An additional incentive is needed to foster increased 
     educational opportunities and workforce training for 
     employees of small businesses that otherwise may be unable to 
     devote sufficient resources to their employees' skill 
     development.
     Proposal
       Small businesses would be allowed a 10 percent income tax 
     credit for payments made in taxable years beginning after 
     December 31, 1997, and before January 1, 2001, with respect 
     to expenses incurred during those taxable years for education 
     of employees by third parties under an employer-provided 
     educational assistance program. The credit would be available 
     to employers with average annual gross receipts of $10 
     million or less for the prior three years.

               Title II--Student Financial Aid Provisions

       Section 201.--Section 201 of the bill sets out the short 
     title for Title II of the bill, the ``Student Financial Aid 
     Improvements Act of 1997''.

                          Part A--Pell Grants

       Section 211.--Section 211 of the bill would amend section 
     401 (b)(2)(A) of the Higher Education Act of 1965 
     (hereinafter referred to as ``the Act'') to provide that, 
     subject to the award rules in section 401(b) of the Act, the 
     Pell Grant maximum award may not be less than $3,000. This 
     increase from the $2,700 maximum for FY 1997, which was in 
     turn a significant increase in the Pell Grant maximum award 
     over previous years, further restores the eroded buying power 
     of Pell Grants. By providing more aid to students at the 
     lowest income levels, this increase would complement the tax 
     proposals in Title I of the bill, which are focused more on 
     middle class students and their families. Together, these 
     proposals would significantly enhance the affordability of 
     postsecondary education.

                    Part B--Student Loan Provisions

       Section 221.--Section 221 of the bill would add a new 
     subsection (h) to section 422 of the Act, and make conforming 
     changes to subsection (g) of that section. Under new section 
     422(h), the Secretary would recall from the reserve funds 
     held by guaranty agencies at least $731,000,000 in fiscal 
     year 1998; $127,000,000 in fiscal year 1999; $186,000,000 in 
     each of the fiscal years 2000 and 2001; and $1,271,000,000 in 
     fiscal year 2002. The amounts recalled from each guaranty 
     agency each year would be in proportion to its share of the 
     total reserve funds held by guaranty agencies as of September 
     30, 1996, and recalled funds would be deposited in the 
     Treasury.
       Each guaranty agency would be required, within 45 days of 
     the date of enactment of this provision, to transfer all 
     reserve funds that it holds (that have not yet been recalled) 
     to a restricted account and invest those funds in United 
     States Government securities specified by the 
     Secretary. Except under the working capital provisions 
     described below, the guaranty agency could not use any 
     restricted account funds for any purpose without the 
     express permission of the Secretary.
       A guaranty agency would be permitted to use the FY 1998 
     earnings on its restricted account to assist in meeting its 
     operational expenses. In addition, the Secretary would permit 
     the use of up to $350,000,000 in the aggregate of restricted 
     account funds to be used as working capital to assist with 
     guaranty agency operating expenses. A guaranty agency's share 
     of working capital would be based on its proportionate share 
     of all borrower accounts outstanding on September 30, 1006. 
     Working capital provided to the guaranty agency must be 
     repaid by no later than September 30, 2002, or the date on 
     which the guaranty agency's agreement under section 428(c) 
     ends (through resignation, expiration, or termination), 
     whichever is earlier.
       Finally, new subsection 422(h) would specify that non-
     liquid reserve fund assets, such as buildings and equipment 
     purchased or developed by the guaranty agency with reserve 
     funds, as well as any liquid assets remaining in a guaranty 
     agency's restricted account after the recalls, would remain 
     the property of the United States, could only be used for 
     purposes that the Secretary determines are appropriate, and 
     would be subject to recall by the Secretary no later than the 
     date on which the guaranty agency's agreement under section 
     428(c) ends.
       The proposed recall of reserves is consistent with the 
     legal status of those reserves as Federal property, as well 
     as the current role of the guaranty agency in the Federal 
     Family Education Loan (FFEL) program, as well as the changes 
     proposed in section 226 of the bill, described below. Section 
     432(o) of the Act, which was added by the Higher Education 
     Amendments of 1992 (P.L. 102-325), clarified that the 
     Secretary is the ultimate insurer of all FFEL guarantees. 
     Thus, guaranty agencies function more like loan servicers 
     than guarantors, and their need for reserve funds is 
     currently limited to their 2 percent risk-sharing 
     requirement, which also comes from Federal funds. The changes 
     proposed in section 226 of the bill would eliminate any need 
     for a guaranty agency to hold capital excess of their working 
     capital requirements.
       Section 222.--Section 222 of the bill would amend sections 
     427, 428(b), 428C, and 455(d) of the bill to provide FFEL 
     borrowers with the extended and graduated repayment options 
     currently available only to Direct Loan borrowers. These new 
     options would be in addition to the standard and income 
     sensitive repayment plans currently available to FFEL 
     borrowers (a more limited form of graduated repayment is also 
     currently available to FFEL borrowers), and would provide far 
     greater flexibility to FFEL borrowers in managing their loan 
     obligations, and therefore may avoid defaults. As with Direct 
     Loan repayment, a FFEL borrower would also

[[Page S3055]]

     have the ability to change repayment plans. The Secretary 
     would also be required to ensure that, to the extent 
     practicable and not otherwise provided in statute, the 
     repayment plans offered to FFEL borrowers are comparable to 
     Direct Loan repayment plans.
       Section 223.--Section 223 of the bill would amend sections 
     427A and 455 of the Act to reduce the applicable interest 
     rate on all subsidized and unsubsidized FFEL and Direct 
     Loans during in-school, grace, and deferment periods to 
     the same rate as the Department of Education's own 
     borrowing rate, although the interest rates would be 
     capped at the same levels as in current law. This change 
     would reduce Federal costs by reducing excess profits to 
     lenders during times when there are few servicing costs 
     associated with subsidized loans, but the highest profit 
     margins. It would also provide lower interest rates to 
     borrowers of unsubsidized loans while they are in in-
     school, grace, or deferment periods. Finally, these 
     amendments would standardize interest subsidy costs for 
     the FFEL and Direct Loan programs.
       In addition, section 223 of the bill would clarify that the 
     interest rate used to determine the rebate of excess interest 
     under section 427A(i)(7)(B) of the Act was not intended to be 
     used to change special allowance payments for the period 
     affected by the rebate. This change would correct a recent 
     contrary court decision.
       Section 224.--Section 224 of the bill would amend section 
     428(b)(1)(G) of the Act by reducing lenders' insurance rate 
     from 98 to 95 percent. This change would give lenders a 
     greater economic incentive to prevent loan defaults.
       Section 225.--Section 225 of the bill would amend sections 
     428(b)(1)(H), 428H(h), 438(c), and 455(c) of the Act to 
     eliminate the one percent insurance premium that may be 
     charged to a FFEL borrower at the time his or her loan is 
     originated, to reduce FFEL origination fees on subsidized 
     FFELs by one percent (i.e., from three percent to two 
     percent), and to reduce comparably the loan fee charged on 
     Direct Loans. The loan fee for Direct Loans is currently four 
     percent, and is designed to be the equivalent of the FFEL 
     insurance premium plus the FFEL origination fee. Thus, the 
     Direct Loan loan fee would be reduced from four percent to 
     three percent for unsubsidized Direct Loans, and from four 
     percent to two percent for subsidized Direct Loans.
       These reductions in fees will provide significant benefits 
     to all students, and will provide additional funds to 
     borrowers up front, at the time that the loan funds are 
     needed to pay for costs of attendance. The proposed changes 
     would also assist in standardizing borrower benefits within 
     the FFEL program as well as between the FFEL and Direct Loan 
     programs, because lenders and guaranty agencies will no 
     longer be able to selectively reduce costs for certain FFEL 
     borrowers by waiving or paying the insurance premium on the 
     borrower's behalf. The Secretary is not authorized to waive 
     or lower loan fees under the Direct Loan program.
       The additional reduction in fees for subsidized FFEL and 
     Direct Loans would also complement the HOPE Scholarship and 
     tax deduction proposals in Title I of the bill by 
     significantly reducing loan costs for the neediest students 
     and providing them with additional resources when the loan is 
     originated.
       Section 226.--Section 226 of the bill would substantially 
     revise section 428 of the Act to reflect more accurately the 
     current role of the guaranty agency in the FFEL program, and 
     to affirmatively recognize that the Secretary is the sole 
     guarantor of FFELs. Section 432(o) of the Act, which was 
     added by the Higher Education Amendments of 1992 (P.L. 
     102-325), clarified that the Secretary is the ultimate 
     insurer of all FFEL guarantees. Thus, in practice, 
     guaranty agencies actually function more like loan 
     servicers than guarantors. The changes proposed in section 
     226 of the bill would treat guaranty agencies in a manner 
     more consistent with their current program functions.
       Subsections (a) and (b) of section 428 would be modified 
     and reorganized to reflect the substantive changes proposed 
     primarily to section 428(c) of the Act. Under these changes, 
     the Secretary would be authorized to enter into an agreement 
     with a guaranty agency, under which the Secretary would 
     insure loans with the guaranty agency acting as the agent of 
     the Secretary. Any guaranty agency that had an agreement with 
     the Secretary under section 428(b) on the day before the date 
     of enactment of this bill could enter into an initial 
     agreement with the Secretary, and all existing guaranty 
     agency agreements would expire within 180 days of the date of 
     enactment. Outstanding loan insurance issued by the guaranty 
     agency would be replaced by loan insurance issued by the 
     Secretary, and the guaranty agency would, in general, be 
     relieved of any further liability on the loans. To help 
     ensure a smooth transition, for the first year after the date 
     of enactment the Secretary could specify interim 
     administration measures necessary for the efficient transfer 
     of the loan insurance function.
       The new guaranty agreements would be for five years, 
     renewable by the Secretary for successive five-year periods, 
     although the Secretary could terminate the agreements prior 
     to expiration of certain circumstances. After the initial 
     agreement with a guaranty agency entered into after the date 
     of enactment has ended (through its expiration, the 
     termination of the guaranty agency agreement by the 
     Secretary, or the resignation of the guaranty agency), the 
     Secretary, in his discretion, may enter into another 
     agreement with that guaranty agency, an alternate agreement 
     under with a different guaranty agency, or one or more 
     contracts under section 428E (as added by section 229 of the 
     bill) under which contractors would carry out one or more of 
     the functions formerly performed by the guaranty agency.
       The agreement between the Secretary and a guaranty agency 
     would specify the responsibilities of the guaranty agency, if 
     any, for: administering the issuance of insurance on FFELs on 
     behalf of the Secretary; monitoring insurance commitments 
     made under this section; default prevention activities; 
     review of default claims made by lenders; payment of default 
     claims, collection of defaulted loans; adoption of internal 
     systems of accounting and auditing that are acceptable to the 
     Secretary; reporting requirements; and monitoring or 
     participating institutions and lenders. The Secretary could 
     also permit the guaranty agency, on a case-by-case basis, to 
     engage in such other businesses, previously purchased or 
     developed with reserve funds, that relate to the FFEL 
     program.
       Under the agreement, guaranty agencies would receive the 
     following fees and revenues: a one-time issuance fee for each 
     new FFEL insured by the Secretary through the guaranty 
     agency; and annual maintenance fee for each active borrower 
     account; a default prevention fee, paid by lenders, of not to 
     exceed $100 per borrower account if the guaranty agency 
     succeeds in bringing a loan into current repayment status; a 
     collection retention allowance of not to exceed 18.5 
     percent, determined on the basis of the Secretary's review 
     of payments for similar services in a competitive 
     environment; the interest earned on working capital 
     provided under section 422(h) (as added by section 221 of 
     the bill); and revenues derived from other FFEL-related 
     businesses in which the Secretary permits the guaranty 
     agency to engage.
       In addition to restructuring guaranty agency agreements, 
     the changes proposed in section 226 of the bill would provide 
     guaranty agencies with an incentive to improve their 
     efficiency by permitting them to retain a share of their net 
     revenues for activities, approved by the Secretary, in 
     support of postsecondary education. The share that guaranty 
     agencies may retain and use for this purpose would be 
     calculated by the Secretary after determining an adequate 
     level of economic incentive for guaranty agencies to maximize 
     their efficiency, in an amount not to exceed 50 percent of 
     guaranty agency net revenues.
       A guaranty agency would be required to carry out its 
     responsibilities under the agreement in accordance with 
     performance standards specified by the Secretary, which would 
     be uniformly applied to all guaranty agencies. The Secretary 
     would compare the performance of the guaranty agencies with 
     one another, and publicly disseminate the comparison. A 
     guaranty agency that fails to achieve a specified level of 
     performance on one or more performance standards could be 
     fined, and if its failure resulted in a financial loss to the 
     United States, the guaranty agency would be required to 
     indemnify the Secretary for that loss.
       A guaranty agency's agreement could be ended in advance of 
     its expiration date, either because its agreement becomes 
     automatically void under certain circumstances, or because 
     the Secretary, after notice and opportunity for a hearing, 
     terminates the guaranty agency for substantially failing to 
     achieve an acceptable level of performance under its 
     agreement.
       Finally, while most of the changes proposed in this section 
     of the bill pertain to guaranty agencies and their functions, 
     section 226(a)(2)(E) of the bill would require only eligible 
     lenders that originates or holds more than $5,000,000 in 
     FFELs during an annual audit period to submit to the 
     Secretary a compliance audit for that audit period. This 
     change is similar to exemptions provided in recent 
     Appropriation Acts, and would alleviate the burden and 
     disproportionate expense that annual compliance audits impose 
     on lenders with small FFEL portfolios.
       Section 227.--Section 227 of the bill would repeal section 
     428(n) of the Act, which requires a State to pay to the 
     Secretary an annual amount that represents the State's share 
     of risk for high default rates at institutions within the 
     State. This provision has never been implemented.
       Section 228.--Section 228 of the bill would make a number 
     of changes to section 428C of the Act pertaining to FFEL 
     consolidation loans that would make the terms of these loans 
     more comparable to Direct consolidation loans. (Changes to 
     repayment terms for FFEL consolidation loans are proposed in 
     section 222 of the bill.) Section 228 would permit borrowers 
     to obtain a FFEL consolidation loan while they are in ``in-
     school'' status, and to consolidate FFEL  consolidation loans 
     into new FFEL consolidation loans. Lenders would also 
     retain the interest subsidy on the portion of a FFEL 
     consolidation loan that repays subsidized loans, and the 
     interest rate on FFEL consolidation loans would be changed 
     to a variable rate comparable to the rate applicable to 
     Direct consolidation loans. By extending favorable terms 
     currently available only to borrowers of Direct 
     consolidation loans to borrowers of FFEL consolidation 
     loans, these amendments would reduce costs for, and 
     provide greater flexibility to, these FFEL borrowers, 
     particularly those FFEL borrowers with

[[Page S3056]]

     loans from multiple lenders who have not consolidated 
     these loans because they would lose the benefits 
     associated with the separate loans.
       Section 229.--Section 229 of the bill would add a new 
     section 428E to part B of Title IV of the Act that would 
     authorize the Secretary to enter into one or more contracts 
     to carry out any of the functions that otherwise would be 
     carried out by a guaranty agency. This amendment is 
     consistent with the changes to guaranty agency functions that 
     are proposed in section 226 of the bill.
       Section 230.--Section 230 of the bill would amend the 
     definition of an ``eligible lender'' in section 435(d) of the 
     Act to require lenders to offer uniform terms and conditions 
     to all borrowers taking out the same type of FFEL loans (for 
     example, Unsubsidized or Consolidation Loans). The Secretary 
     would be authorized to prescribe regulatory exceptions to 
     this requirement.
       Section 231.--Section 231 of the bill would amend section 
     438 of the Act to provide for the computation of special 
     allowance rates at the same time and in the same manner as 
     student loan interest rates (annually rather than quarterly), 
     to eliminate the potential for special allowance payments 
     merely because the rates are calculated on a different cycle.
       Section 232.--Section 232 of the bill would amend section 
     439(h)(7) of the Act to reflect congressional intent that the 
     Student Loan Marketing Association (Sallie Mae) not be able 
     to circumvent the requirement that it pay an offset fee on 
     loans it holds by ``securitizing'' loans upon which it would 
     otherwise be required to pay the offset fee. This provision 
     would also remedy a recent, partially adverse, court decision 
     and would be effective retroactively to August 10, 1993, the 
     date of enactment of the Sallie Mae offset fee requirement, 
     but would not apply to the privatized entity that may be 
     created as a result of the Student Loan Marketing Association 
     Reorganization Act of 1996.
       Section 233.--Section 233 of the bill would amend section 
     452(b) of the Act to replace the statutory requirement 
     (currently overridden by the FY 1997 Appropriation Act) to 
     pay all participating institutions that originate Direct 
     Loans a fee to assist in meeting the costs of loan 
     origination with a fee to be paid only to institutions (or 
     consortia of institutions) in their first year of 
     participation in the Direct Loan program, in order to 
     compensate for costs associated with their transition to the 
     program. The new, more targeted transition fee could not 
     exceed an average of $10 per borrower at the institutions 
     receiving the fee.
       Section 234. Section 234 of the bill would amend section 
     458(a) to specify funding levels through FY 2002 for 
     mandatory administrative expenses for the student financial 
     aid programs, including the Direct Loan program, at levels 
     lower than the current baseline.

              Part C--Need Analysis and General Provisions

       Section 241.--Section 241 of the bill would make a series 
     of changes to the calculation of a postsecondary student's 
     need for assistance under Title IV of the Act that complement 
     the HOPE Scholarship and deduction proposals in Title I of 
     the bill. These changes are intended to ensure that a 
     student's future eligibility for Title IV assistance is not 
     affected by his or her family's use of the HOPE Scholarship 
     tax credit or the education and training tax deduction. These 
     amendments would: 1) prevent the HOPE Scholarship tax credit 
     from being treated as part of the family's total income by 
     treating the credit amount as ``excludable income'' and 
     making clear that it is not to be treated as ``untaxed income 
     and benefits''; 2) prevent the education and training tax 
     deduction from reducing the family's total income by treating 
     the amount deducted as ``untaxed income and benefits''; 3) 
     ensure that the family's available income is accurately 
     reflected by taking account of federal taxes that would be 
     owed if neither the HOPE Scholarship tax credit nor the 
     education and training tax deduction were available; and 4) 
     prevent the HOPE Scholarship tax credit from substituting for 
     other forms of student aid by making clear that the amount of 
     the credit is not to be treated as ``financial assistance.''
       Section 242.--Section 242 of the bill would amend section 
     476(b) of the bill to make the income protection allowance 
     (IPA) (one factor used in the calculation of a student's need 
     assistance) for independent students without dependents 
     (other than a spouse) comparable to the IPAs used for parents 
     of dependent students and for independent students with 
     dependents. This change would increase the Pell Grant and 
     other need-based aid available to low- and moderate-income 
     students in this category. A conforming change would also be 
     made to section 478(b) of the Act to permit the updating of 
     the numbers used in the IPA calculation to reflect inflation, 
     consistent with the IPA calculations for the other categories 
     of students.
       Section 243.--Section 243 of the bill would add a new 
     subsection (g) to section 481 of the Act that would require 
     the Secretary to define in regulations certain education-
     related terms for purposes of the HOPE Scholarship tax credit 
     and the deduction proposed in Title I of the bill. Section 
     482(c) of the Act, which requires that regulations must be 
     published in final form by December 1 in order to be 
     effective for the award year beginning the following July 1, 
     shall not apply to these regulations, which pertain to the 
     administration of the tax provisions, not the student aid 
     programs under Title IV.
       Section 244.--Section 244 of the bill would amend several 
     provisions of Title IV of the Act primarily to extend the 
     FFEL program and section 458 of the Act through FY 2002. 
     These extensions are necessary in order to make the other 
     changes proposed in this Title for years after FY 1998.

                        Part D--Effective Dates

       Section 251.--Section 251 sets out the effective dates for 
     the amendments proposed in this Title of the bill.

  Mr. KENNEDY. Mr. President, I give my strong support to President 
Clinton's HOPE and Opportunity for Postsecondary Education Act of 1997, 
introduced today by Senator Daschle and myself.
  Education must continue to be a top priority in Congress. We need to 
do more to make college accessible and affordable for all students. It 
is not enough to maintain current spending levels for education. 
Targeted increases are essential to help students, and also to help 
colleges deal with increasing enrollments.
  Today, college is priced out of reach for many families. From 1980 to 
1990, the cost of college rose by 126 percent, while family income 
increased by only 73 percent. To meet that rising cost, students are 
going deeper and deeper into debt. In 1993 alone, students borrowed $30 
billion--a 65-percent increase since 1993. Since 1988, borrowing in the 
Federal student loan program has increased by more than 100 percent, 
while starting salaries for college graduates have failed to increase 
at all. Many students and their families are fearful of the mounting 
debt burdens that await college graduates.
  The President's bill will help students pay for college in two ways: 
through tax relief and through increased direct financial aid. With the 
tax relief, students and their families will be able to choose between 
a $1,500 HOPE tax credit and a $10,000 tax deduction to pay annual 
tuition expenses for the first 2 years of postsecondary education, 
including graduate school The tax deduction is also available to help 
reduce the cost of further years of education, including graduate 
school. These two changes will make a college education more affordable 
for thousands of middle and lower income families.
  The bill also provides tax relief for students whose loans are 
forgiven in return for community service or for low-income wage earners 
under the income-contingent repayment plan. In addition, the bill 
provides tax incentives to encourage employers to pay for the further 
education of their employees.
  In the area of direct financial aid, the bill broadens the reach of 
Pell grants to help the neediest students pay for higher education. It 
increases the maximum Pell grant from $2,700 to $3,000. It also changes 
the needs analysis for some independent students by increasing the 
income protection allowance to make it comparable with that allowance 
for other categories of students.
  The bill also decreases the cost of student loans by reducing 
interest rates, and by lowering the initial fees charged to students. 
Borrowing has become an essential part of financing education for 
millions of students. These provisions will benefit them while they are 
in college by reducing the initial fees, and after college by lowering 
the interest rates on the amount they owe.
  It is fitting that this bill is being introduced today, because many 
members of the United States Student Association are here on Capitol 
Hill this week to urge Congress to give education the high priority it 
deserves. These students want a better education. They know they need 
it. And they are worried about how to pay for it. They want Congress to 
work together to provide the financial assistance they need to pursue 
their dreams. The presence of these intelligent and committed students 
reminds us that the future of our country depends on the education they 
receive. This Congress can open the door of higher education for many 
more of them.
  The President's proposal deserves broad bipartisan support. It is 
vital for the country that higher education be truly open to all 
qualified students, without monetary barriers. Investing in education 
is investing in a stronger America here at home and around the world. I 
look forward to working with

[[Page S3057]]

my colleagues on both sides of the aisle to renew and extend our 
commitment to higher education.
                                 ______
                                 
      By Mr. D'AMATO (for himself, Mr. Faircloth, Mr. Bennett, Mr. 
        Sarbanes, Mr. Dodd, Mr. Kerry, Mr. Bryan, Mrs. Boxer, Ms. 
        Moseley-Braun, Mr. Johnson and Mr. Reed):
  S. 562. A bill to amend section 255 of the National Housing Act to 
prevent the funding of unnecessary or excessive costs for obtaining a 
home equity conversion mortgage; to the Committee on Banking, Housing, 
and Urban Affairs.


             THE SENIOR CITIZEN HOME EQUITY PROTECTION ACT

  Mr. D'AMATO. Mr. President, I rise today to introduce legislation 
which will protect our Nation's senior citizens from exploitation by 
fraudulent operators who are manipulating the Department of Housing and 
Urban Development's [HUD] Federal Housing Administration [FHA] home 
equity conversion mortgage program.
  I commend the cosponsors of this legislation and thank them for their 
support of this essential initiative: Senator Lauch Faircloth; Senator 
Robert Bennett; Senator Paul Sarbanes; Senator Christopher Dodd; 
Senator John Kerry; Senator Richard Bryan; Senator Barbara Boxer; 
Senator Moseley-Braun; Senator Tim Johnson; and Senator Jack Reed.
  I am pleased to announce a bicameral, bipartisan response to this 
injustice. Identical companion legislation is being introduced today by 
Representative Rick Lazio, chairman of the House Banking Subcommittee 
on Housing and Community Opportunity. I salute Congressman Lazio for 
his swift response in condemning this outrageous practice and for 
proposing a legislative solution. I pledge to work side-by-side with 
him on this important issue until our companion bills become law.
  This legislation has been endorsed by the administration. I would 
like to commend HUD Secretary Andrew Cuomo for recognizing this serious 
problem, bringing these abuses to our attention, and acting 
courageously to prohibit their continued occurrence.
  The FHA home equity conversion mortgage program offers elderly 
homeowners the opportunity to borrow against the equity in their homes. 
This effective program assists our senior citizens who have substantial 
equity in their property but have incomes too low to meet ordinary or 
extraordinary living expenses. A program recipient can receive cash 
through this reverse mortgage in the following ways: a lifetime 
guaranteed monthly payment; a line of credit; a combination of monthly 
payment and line-of-credit options; or a lump sum. These mortgages are 
originated by FHA-approved lenders, insured by the FHA and purchased by 
the secondary mortgage market.
  Since the program's inception, approximately 20,000 loans have been 
made. The median age of borrowers is 76 years old and the median income 
is $10,400. This reverse mortgage program represents an ideal public/
private partnership in which needy, very-low income Americans are aided 
without cost to the Federal Government.
  Unfortunately, unscrupulous middlemen, posing as service providers or 
estate planners have taken advantage of seniors by charging unnecessary 
and excessive fees to assist them in obtaining a home equity conversion 
mortgage. These predators have charged elderly homeowners fees ranging 
from 6 to 12 percent of the loan amount. In hundreds of cases, very 
low-income seniors have been manipulated into paying several thousand 
dollars in return for ministerial and often meaningless services. The 
Department of Housing and Urban Development provides information on 
applying for a reverse mortgage at no cost.
  These abuses must be stopped at once. Such exploitation is absolutely 
unconscionable. The elderly who are being preyed upon are some of the 
most vulnerable in our society. Reverse mortgage proceeds are generally 
used by the homeowner to maintain a decent standard of living and pay 
for essentials like property taxes, medical bills, and groceries.
  The legislation we are introducing today will assist HUD with its 
efforts to ensure that our senior citizens are protected. We must 
ensure that not even one recipient of a HUD reverse mortgage is charged 
any unnecessary or excessive costs for obtaining that mortgage.
  The bill provides two important safeguards to achieve this purpose. 
First, it provides a requirement that the mortgagor has received a full 
disclosure of all costs of obtaining the mortgage, including any costs 
of estate planning, financial advice or other related services. Second, 
it clarifies that the HUD Secretary has authority to impose 
restrictions to ensure that the mortgagor is not charged any 
unnecessary or excessive costs for obtaining a reverse mortgage.
  The legislation requires the HUD Secretary to implement the above 
described safeguards in an expeditious manner by interim notice. Within 
90 days of the date of enactment of this Act, the Secretary shall issue 
final regulations after providing notice and opportunity for public 
comment. The terms of the interim notice shall not be effective after 
the final regulations are in place.
  I urge all my colleagues to support this vital legislation and look 
forward to its speedy passage by the Senate. The Senate, the House of 
Representatives and the administration must work together quickly to 
ensure that our Nation's most vulnerable homeowners are no longer 
victimized.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 562

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Senior Citizen Home Equity 
     Protection Act''.

     SEC. 2. DISCLOSURE REQUIREMENTS; PROHIBITION OF FUNDING OF 
                   UNNECESSARY OR EXCESSIVE COSTS.

       Section 255(d) of the National Housing Act (12 U.S.C. 
     1715z-20(d)) is amended--
       (1) in paragraph (2)--
       (A) in subparagraph (B), by striking ``and'' at the end;
       (B) by redesignating subparagraph (C) as subparagraph (D); 
     and
       (C) by inserting after subparagraph (B) the following:
       ``(C) has received full disclosure of all costs to the 
     mortgagor for obtaining the mortgage, including any costs of 
     estate planning, financial advice, or other related services, 
     and'';
       (2) in paragraph (9)(F), by striking ``and'';
       (3) in paragraph (10), by striking the period at the end 
     and inserting ``; and''; and
       (4) by adding at the end the following:
       ``(11) have been made with such restrictions as the 
     Secretary determines to be appropriate to ensure that the 
     mortgagor does not fund any unnecessary or excessive costs 
     for obtaining the mortgage, including any costs of estate 
     planning, financial advice, or other related services.''.

     SEC. 3. IMPLEMENTATION.

       (a) Notice.--The Secretary of Housing and Urban Development 
     shall, by interim notice, implement the amendments made by 
     section 2 in an expeditious manner, as determined by the 
     Secretary. Such notice shall not be effective after the date 
     of the effectiveness of the final regulations issued under 
     subsection (b).
       (b) Regulations.--The Secretary shall, not later than the 
     expiration of the 90-day period beginning on the date of the 
     enactment of this Act, issue final regulations to implement 
     the amendments made by section 2. Such regulations shall be 
     issued only after notice and opportunity for public comment 
     pursuant to the provisions of section 553 of title 5, United 
     States Code (notwithstanding subsections (a)(2) and (b)(B) of 
     such section).

                          ____________________