[Congressional Record Volume 143, Number 117 (Monday, September 8, 1997)]
[Senate]
[Pages S8927-S8932]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


[[Page S8927]]
                          AMENDMENTS SUBMITTED

                                 ______
                                 

THE DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND 
               RELATED AGENCIES APPROPRIATIONS ACT, 1998

                                 ______
                                 

                  WELLSTONE AMENDMENTS NOS. 1087-1089

  Mr. WELLSTONE proposed three amendments to the bill (S. 1061) making 
appropriations for the Departments of Labor, Health and Human Services, 
and Education, and related agencies for the fiscal year ending 
September 30, 1998, and for other purposes; as follows:

                           Amendment No. 1087

       On page 61, after line 25, insert the following:
       Sec.   . If the amount appropriated to carry out the B-2 
     bomber program for fiscal year 1998 is more than 
     $579,800,000, then notwithstanding any other provision of 
     law--
       (1) the total amount appropriated under this Act to carry 
     out the Head Start Act shall be $4,636,000,000, and such 
     amount shall not be subject to the nondefense discretionary 
     cap provided in section 251 of the Balanced Budget and 
     Emergency Deficit Control Act of 1985; and
       (2) the amount appropriated for purposes of the B-2 bomber 
     program for fiscal year 1998 is hereby reduced by 
     $331,000,000.
                                                                    ____


                           Amendment No. 1088

       On page 61, after lien 25, insert the following:
       Sec.   . If the amount appropriated to carry out the B-2 
     bomber program for fiscal year 1998 is more than 
     $579,800,000, then notwithstanding any other provision of 
     law--
       (1) the total amount appropriated under this Act to carry 
     out subpart 1 of part A of title IV of the Higher Education 
     Act of 1965 shall be $7,241,334,000, and such amount shall 
     not be subject to the nondefense discretionary cap provided 
     in section 251 of the Balanced Budget and Emergency Deficit 
     Control Act of 1985; and
       (2) the amount appropriated for purposes of the B-2 bomber 
     program for fiscal year 1998 is hereby reduced by 
     $331,000,000.
                                                                    ____


                           Amendment No. 1089

       On page 61, after line 25, insert the following:
       Sec.   . If the amount appropriated to carry out the B-2 
     bomber program for fiscal year 1998 is more than 
     $579,800,000, then notwithstanding any other provision of 
     law--
       (1) the total amount appropriated under this Act to carry 
     out the Education Infrastructure Act of 1994 shall be 
     $371,000,000, and such amount shall not be subject to the 
     nondefense discretionary cap provided in section 251 of the 
     Balanced Budget and Emergency Deficit Control Act of 1985; 
     and
       (2) the amount appropriated for purposes of the B-2 bomber 
     program for fiscal year 1998 is hereby reduced by 
     $331,000,000.
                                 ______
                                 

                  MACK (AND GRAHAM) AMENDMENT NO. 1090

  Mr. MACK (for himself and Mr. Graham) proposed an amendment to the 
bill, S. 1061, supra; as follows:

       On page 57, line 24, strike ``$929,752,000, of which'' and 
     insert ``$934,972,000, of which $6,620,000 shall be expended 
     to carry out Public Law 102-423 and of which''.
       On page 85, line 19, strike ``$30,500,000'' and insert 
     ``$35,720,000''.
                                 ______
                                 

                 McCAIN (AND GRAMM) AMENDMENT NO. 1091

  Mr. McCAIN (for himself and Mr. Gramm) proposed an amendment to the 
bill, S. 1061, supra; as follows:

       On page 49, after line 26, add the following:
       Sec.   . (a) Section 4626 of the Balanced Budget Act of 
     1997 (Public Law 105-33) is repealed.
       (b) For any fiscal year (beginning with fiscal year 1998), 
     the Secretary of Health and Human Services may not enter into 
     an agreement with any institution to provide incentive 
     payments to the institution for the reduction of medical 
     residents in the approved medical education training programs 
     (as defined in section 1886(h)(5)(A) of the Social Security 
     Act (42 U.S.C. 1395ww(h)(5)(A)) of that institution.
       (c) The repeal made by subsection (a) shall take effect as 
     if included in the enactment of the Balanced Budget Act of 
     1997 (Public Law 105-33).
                                 ______
                                 

                 McCAIN (AND OTHERS) AMENDMENT NO. 1092

  Mr. McCAIN (for himself, Mr. Kerry, and Mr. Reid) proposed an 
amendment to the bill, S. 1061, supra; as follows:

       On page 49, after line 26, add the following:
       Sec.   . (a) Notwithstanding any other provision of law, 
     the payments described in subsection (b) shall not be 
     considered income or resources in determining eligibility 
     for, or the amount of benefits under, a program or State plan 
     under title XVI or XIX of the Social Security Act.
       (b) The payments described in this subsection are payments 
     made by the Secretary of Defense pursuant to section 657 of 
     the National Defense Authorization Act for Fiscal Year 1997 
     (Public Law 104-201; 110 Stat. 2584).
                                 ______
                                 

                 CRAIG (AND OTHERS) AMENDMENT NO. 1093

  Mr. CRAIG (for himself, Mr. Bingaman, and Mr. Domenici) proposed an 
amendment to the bill, S. 1061, supra; as follows:

       At the appropriate place in the bill, insert the following:
       Sec.   . Section 13(b)(12) of the Fair Labor Standards Act 
     of 1938 (39 U.S.C. 213(b)(12)) is amended by inserting after 
     ``water'' the following: ``, at least 90 percent of which is 
     ultimately delivered''.
                                 ______
                                 

                  REID (AND BOXER) AMENDMENT NO. 1094

  Mr. REID (for himself and Mrs. Boxer) proposed an amendment to the 
bill, S. 1061, supra; as follows:

       On page 49, after line 26, add the following:
       Sec.   . (a) Study.--From amounts appropriated under this 
     title, the National Institutes of Health shall conduct a 
     study on the health effects of perchlorate on humans with 
     particular emphasis on the health risks to vulnerable 
     subpopulations including pregnant women, children, and the 
     elderly.
       (b) Report.--Not later than 9 months after the date of 
     enactment of this Act, and annually thereafter, the National 
     Institutes of Health shall prepare and submit to the 
     Committee on Appropriations of the Senate and the Committee 
     on Appropriations of the House of Representatives, a report 
     concerning the results of the study conducted under 
     subsection (a), including whether further health effects 
     research is necessary.
                                 ______
                                 

                LANDRIEU (AND McCAIN) AMENDMENT NO. 1095

  Ms. LANDRIEU (for herself and Mr. McCain) proposed an amendment to 
the bill, S. 1061, supra; as follows:

       On page 44, line 2, strike ``$5,606,094,000'' and insert 
     ``$5,611,094,000''.
       On page 85, line 19, strike ``$70,500,000'' and insert 
     ``$75,500,000''.
                                 ______
                                 

                  REED (AND OTHERS) AMENDMENT NO. 1096

  Ms. Collins, Mr. Levin, Mr. Conrad, Mr. Kennedy, Mr. Wyden, Mr. Kohl, 
Mr. Dodd, Mr. Chafee, Mr. Lautenberg, Mr. Reid, Mr. Feingold, Mr. 
Dorgan, Mr. Torricelli, Mr. Kerrey, Mr. Johnson, Mr. Wellstone, Mr. 
Bingaman, Mrs. Murray, Mr. Smith of Oregon, Mr. Harkin, and Ms. 
Landrieu proposed an amendment to the bill, S. 1061, supra; as follows:

       On page 56, line 19, strike ``and 3'' and insert ``, 3 and 
     4''.
       On page 56, line 22, before the period insert ``, provided 
     that, $35,000,000 shall be available for State Student 
     Incentive grants derived from unobligated balances''.
                                 ______
                                 

                      COVERDELL AMENDMENT NO. 1097

  Mr. COVERDELL proposed an amendment to the bill, S. 1061, supra; as 
follows:

       On page 49, after line 26, add the following:
       Sec.   . (a) Transfer.--Using $5,000,000 of the amounts 
     appropriated under this title, the Secretary of Health and 
     Human Services shall carry out activities under subsection 
     (b) to address urgent health threats posed by E. coli:0157H7.
       (b) Use of Funds.--From amounts transferred under 
     subsection (a) the Secretary of Health and Human Services 
     shall--
       (1) provide $1,000,000 for the development of improved 
     medical treatments for patients infected with E. coli:0157H7-
     related disease (HUS);
       (2) provide $1,000,000 to fund ongoing research to detect 
     or prevent colonization of E. coli:0157H7 in live cattle;
       (3) provide, through the existing partnership between the 
     Federal Government, industry, and consumer groups, $1,000,000 
     for the National Consumer Education Campaign on Food Safety 
     as part of the activities to address safe food handling 
     practices;
       (4) provide $1,000,000 for a study to determine the 
     feasibility of the use of electronic pasteurization on red 
     meats to eliminate pathogens and to carry out activities to 
     educate the public on the safety of that process; and
       (5) provide $1,000,000 for a contract to be entered into 
     with the National Academy of Sciences to assess the 
     effectiveness of testing to ensure zero tolerance of E. 
     coli:0157H7 in raw ground beef products.
                                 ______
                                 

                      COVERDELL AMENDMENT NO. 1098

  Mr. COVERDELL proposed an amendment to the amendment No. 1097 
proposed by him to the bill, S. 1061, supra; as follows:

       Strike all after the first word and add the following:
       (a) Transfer.--Using $5,000,000 of the amounts appropriated 
     under this title, the

[[Page S8928]]

     Secretary of Health and Human Services shall carry out 
     activities under subsection (b) to address urgent health 
     threats posed by E. coli:0157H7.
       (b) Use of Funds.--From amounts transferred under 
     subsection (a) the Secretary of Health and Human Services 
     shall--
       (1) provide $1,000,000 for the development of improved 
     medical treatments for patients infected with E. coli:0157H7-
     related disease (HUS);
       (2) provide $550,000 to fund ongoing research to detect or 
     prevent colonization of E. coli:0157H7 in live cattle;
       (3) provide, through the existing partnership between the 
     Federal Government, industry, and consumer groups, $1,000,000 
     for the National Consumer Education Campaign on Food Safety 
     as part of the activities to address safe food handling 
     practices;
       (4) provide $1,000,000 for a study to determine the 
     feasibility of the use of electronic pasteurization on red 
     meats to eliminate pathogens and to carry out activities to 
     educate the public on the safety of that process; and
       (5) provide $1,000,000 for a contract to be entered into 
     with the National Academy of Sciences to assess the 
     effectiveness of testing to ensure zero tolerance of E. 
     coli:0157H7 in raw ground beef products.
                                 ______
                                 

                       CHAFEE AMENDMENT NO. 1099

  Mr. SPECTER (for Mr. Chafee) proposed an amendment to the bill, S. 
1061, supra; as follows:

       On page 67, line 4, strike ``$3,258,000'' and insert in 
     lieu thereof: $3,508,000
       On page 67, line 10, strike ``$3,257,000'' and insert in 
     lieu thereof: $3,507,000
       On page 67, line 18, strike ``$206,000,000'' and insert in 
     lieu thereof: $205,500,000
       On page 67, line 24, strike ``$206,000,000'' and insert in 
     lieu thereof: $205,500,000
                                 ______
                                 

                      COVERDELL AMENDMENT NO. 1100

  Mr. SPECTER (for Mr. Coverdell) proposed an amendment to the bill, S. 
1061, supra; as follows:

       On page 61, after line 25, insert the following:
       Sec.   . Of the funds made available under this title, the 
     Secretary of Education shall establish a program to provide 
     training and technical assistance to State educational 
     agencies and local educational agencies (as defined in 
     section 14101 of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 8801) in developing, establishing, and 
     implementing procedures and programs designed to protect 
     victims of and witnesses to incidents of elementary school 
     and secondary school violence, including procedures and 
     programs designed to protect witnesses testifying in school 
     disciplinary proceedings.
       Sec.   . Of the funds made available under this title, 
     $450,000 shall be awarded by the Secretary of Education for 
     grants for the establishment, operation, and evaluation of 
     pilot student safety toll-free hotlines to provide elementary 
     school and secondary school students with confidential 
     assistance regarding school crime, violence, drug dealing, 
     and threats to the personal safety of the students.
                                 ______
                                 

                       DASCHLE AMENDMENT NO. 1101

  Mr. SPECTER (for Mr. Daschle) proposed an amendment to the bill, S. 
1061, supra; as follows:

       At the appropriate place, insert the following:

     SEC. ____. COMPREHENSIVE FETAL ALCOHOL SYNDROME PREVENTION.

       (a) Findings.--This section may be cited as the 
     ``Comprehensive Fetal Alcohol Syndrome Prevention Act''.
       (b) Findings.--Congress finds that--
       (1) Fetal Alcohol Syndrome is the leading known cause of 
     mental retardation, and it is 100 percent preventable;
       (2) each year, up to 12,000 infants are born in the United 
     States with Fetal Alcohol Syndrome, suffering irreversible 
     physical and mental damage;
       (3) thousands more infants are born each year with Fetal 
     Alcohol Effects, which are lesser, though still serious, 
     alcohol-related birth defects;
       (4) children of women who use alcohol while pregnant have a 
     significantly higher infant mortality rate (13.3 per 1000) 
     than children of those women who do not use alcohol (8.6 per 
     1000);
       (5) Fetal Alcohol Syndrome and Fetal Alcohol Effects are 
     national problems which can impact any child, family, or 
     community, but their threat to American Indians and Alaska 
     Natives is especially alarming;
       (6) in some American Indian communities, where alcohol 
     dependency rates reach 50 percent and above, the chances of a 
     newborn suffering Fetal Alcohol Syndrome or Fetal Alcohol 
     Effects are up to 30 times greater than national averages;
       (7) in addition to the immeasurable toll on children and 
     their families, Fetal Alcohol Syndrome and Fetal Alcohol 
     Effects pose extraordinary financial costs to the Nation, 
     including the costs of health care, education, foster care, 
     job training, and general support services for affected 
     individuals;
       (8) the total cost to the economy of Fetal Alcohol Syndrome 
     was approximately $2,700,000,000 in 1995, and over a 
     lifetime, health care costs for one Fetal Alcohol Syndrome 
     child are estimated to be at least $1,400,000;
       (9) researchers have determined that the possibility of 
     giving birth to a baby with Fetal Alcohol Syndrome or Fetal 
     Alcohol Effects increases in proportion to the amount and 
     frequency of alcohol consumed by a pregnant woman, and that 
     stopping alcohol consumption at any point in the pregnancy 
     reduces the emotional, physical, and mental consequences of 
     alcohol exposure to the baby; and
       (10) though approximately 1 out of every 5 pregnant women 
     drink alcohol during their pregnancy, we know of no safe dose 
     of alcohol during pregnancy, or of any safe time to drink 
     during pregnancy, thus, it is in the best interest of the 
     Nation for the Federal Government to take an active role in 
     encouraging all women to abstain from alcohol consumption 
     during pregnancy.
       (c) Purpose.--It is the purpose of this section to 
     establish, within the Department of Health and Human 
     Services, a comprehensive program to help prevent Fetal 
     Alcohol Syndrome and Fetal Alcohol Effects nationwide. Such 
     program shall--
       (1) coordinate, support, and conduct basic and applied 
     epidemiologic research concerning Fetal Alcohol Syndrome and 
     Fetal Alcohol Effects;
       (2) coordinate, support, and conduct national, State, and 
     community-based public awareness, prevention, and education 
     programs on Fetal Alcohol Syndrome and Fetal Alcohol Effects; 
     and
       (3) foster coordination among all Federal agencies that 
     conduct or support Fetal Alcohol Syndrome and Fetal Alcohol 
     Effects research, programs, and surveillance and otherwise 
     meet the general needs of populations actually or potentially 
     impacted by Fetal Alcohol Syndrome and Fetal Alcohol Effects.
       (d) Establishment of Program.--Title III of the Public 
     Health Service Act (42 U.S.C. 241 et seq.) is amended by 
     adding at the end the following:

          ``PART O--FETAL ALCOHOL SYNDROME PREVENTION PROGRAM

     ``SEC. 399G. ESTABLISHMENT OF FETAL ALCOHOL SYNDROME 
                   PREVENTION PROGRAM.

       ``(a) Fetal Alcohol Syndrome Prevention Program.--The 
     Secretary shall establish a comprehensive Fetal Alcohol 
     Syndrome and Fetal Alcohol Effects prevention program that 
     shall include--
       ``(1) an education and public awareness program to--
       ``(A) support, conduct, and evaluate the effectiveness of--
       ``(i) training programs concerning the prevention, 
     diagnosis, and treatment of Fetal Alcohol Syndrome and Fetal 
     Alcohol Effects;
       ``(ii) prevention and education programs, including school 
     health education and school-based clinic programs for school-
     age children, concerning Fetal Alcohol Syndrome and Fetal 
     Alcohol Effects; and
       ``(iii) public and community awareness programs concerning 
     Fetal Alcohol Syndrome and Fetal Alcohol Effects;
       ``(B) provide technical and consultative assistance to 
     States, Indian tribal governments, local governments, 
     scientific and academic institutions, and nonprofit 
     organizations concerning the programs referred to in 
     subparagraph (A); and
       ``(C) award grants to, and enter into cooperative 
     agreements and contracts with, States, Indian tribal 
     governments, local governments, scientific and academic 
     institutions, and nonprofit organizations for the purpose 
     of--
       ``(i) evaluating the effectiveness, with particular 
     emphasis on the cultural competency and age-appropriateness, 
     of programs referred to in subparagraph (A);
       ``(ii) providing training in the prevention, diagnosis, and 
     treatment of Fetal Alcohol Syndrome and Fetal Alcohol 
     Effects;
       ``(iii) educating school-age children, including pregnant 
     and high-risk youth, concerning Fetal Alcohol Syndrome and 
     Fetal Alcohol Effects, with priority given to programs that 
     are part of a sequential, comprehensive school health 
     education program; and
       ``(iv) increasing public and community awareness concerning 
     Fetal Alcohol Syndrome and Fetal Alcohol Effects through 
     culturally competent projects, programs, and campaigns, and 
     improving the understanding of the general public and 
     targeted groups concerning the most effective intervention 
     methods to prevent fetal exposure to alcohol;
       ``(2) an applied epidemiologic research and prevention 
     program to--
       ``(A) support and conduct research on the causes, 
     mechanisms, diagnostic methods, treatment, and prevention of 
     Fetal Alcohol Syndrome and Fetal Alcohol Effects;
       ``(B) provide technical and consultative assistance and 
     training to States, Tribal governments, local governments, 
     scientific and academic institutions, and nonprofit 
     organizations engaged in the conduct of--
       ``(i) Fetal Alcohol Syndrome prevention and early 
     intervention programs; and
       ``(ii) research relating to the causes, mechanisms, 
     diagnosis methods, treatment, and prevention of Fetal Alcohol 
     Syndrome and Fetal Alcohol Effects; and
       ``(C) award grants to, and enter into cooperative 
     agreements and contracts with, States, Indian tribal 
     governments, local governments, scientific and academic 
     institutions, and nonprofit organizations for the purpose 
     of--

[[Page S8929]]

       ``(i) conducting innovative demonstration and evaluation 
     projects designed to determine effective strategies, 
     including community-based prevention programs and 
     multicultural education campaigns, for preventing and 
     intervening in fetal exposure to alcohol;
       ``(ii) improving and coordinating the surveillance and 
     ongoing assessment methods implemented by such entities and 
     the Federal Government with respect to Fetal Alcohol Syndrome 
     and Fetal Alcohol Effects;
       ``(iii) developing and evaluating effective age-appropriate 
     and culturally competent prevention programs for children, 
     adolescents, and adults identified as being at-risk of 
     becoming chemically dependent on alcohol and associated with 
     or developing Fetal Alcohol Syndrome and Fetal Alcohol 
     Effects; and
       ``(iv) facilitating coordination and collaboration among 
     Federal, State, local government, Indian tribal, and 
     community-based Fetal Alcohol Syndrome prevention programs;
       ``(3) a basic research program to support and conduct basic 
     research on services and effective prevention treatments and 
     interventions for pregnant alcohol-dependent women and 
     individuals with Fetal Alcohol Syndrome and Fetal Alcohol 
     Effects;
       ``(4) a procedure for disseminating the Fetal Alcohol 
     Syndrome and Fetal Alcohol Effects diagnostic criteria 
     developed pursuant to section 705 of the ADAMHA 
     Reorganization Act (42 U.S.C. 485n note) to health care 
     providers, educators, social workers, child welfare workers, 
     and other individuals; and
       ``(5) the establishment, in accordance with subsection (b), 
     of an inter-agency task force on Fetal Alcohol Syndrome and 
     Fetal Alcohol Effects to foster coordination among all 
     Federal agencies that conduct or support Fetal Alcohol 
     Syndrome and Fetal Alcohol Effects research, programs, and 
     surveillance, and otherwise meet the general needs of 
     populations actually or potentially impacted by Fetal Alcohol 
     Syndrome and Fetal Alcohol Effects.
       ``(b) Inter-agency Task Force.--
       ``(1) Membership.--The Task Force established pursuant to 
     paragraph (5) of subsection (a) shall--
       ``(A) be chaired by the Secretary or a designee of the 
     Secretary; and
       ``(B) include representatives from all relevant agencies 
     within the Department of Health and Human Services, including 
     the Centers for Disease Control and Prevention, the National 
     Institutes of Health, the Health Resources and Services 
     Administration, the Substance Abuse and Mental Health 
     Services Administration, and any other relevant agencies of 
     the Department of Health and Human Services.
       ``(2) Functions.--The Task Force shall--
       ``(A) coordinate all relevant programs and research 
     concerning Fetal Alcohol Syndrome and Fetal Alcohol Effects, 
     including programs that--
       ``(i) target individuals, families, and populations 
     identified as being at risk of acquiring Fetal Alcohol 
     Syndrome and Fetal Alcohol Effects; and
       ``(ii) provide health, education, treatment, and social 
     services to infants, children, and adults with Fetal Alcohol 
     Syndrome and Fetal Alcohol Effects;
       ``(B) coordinate its efforts with existing Department of 
     Health and Human Services task forces on substance abuse 
     prevention and maternal and child health; and
       ``(C) report on a biennial basis to the Secretary and 
     relevant committees of Congress on the current and planned 
     activities of the participating agencies, including a 
     proposal for a Federal Interagency Task Force to include 
     representatives from all relevant agencies and offices within 
     the Department of Health and Human Services, the Department 
     of Agriculture, the Department of Education, the Department 
     of Defense, the Department of the Interior, the Department of 
     Justice, the Department of Veterans Affairs, the Bureau of 
     Alcohol, Tobacco and Firearms, the Federal Trade Commission, 
     and any other relevant Federal agency.
       ``(c) Scientific Research and Training.--The Director of 
     the National Institute on Alcohol Abuse and Alcoholism, with 
     the cooperation of members of the interagency task force 
     established under subsection (b), shall establish a 
     collaborative program to provide for the conduct and support 
     of research, training, and dissemination of information to 
     researchers, clinicians, health professionals and the public, 
     with respect to the cause, prevention, diagnosis, and 
     treatment of Fetal Alcohol Syndrome and the related condition 
     know as Fetal Alcohol Effects.

     ``SEC. 399H. ELIGIBILITY.

       ``To be eligible to receive a grant, or enter into a 
     cooperative agreement or contract under this part, an entity 
     shall--
       ``(1) be a State, Indian tribal government, local 
     government, scientific or academic institution, or nonprofit 
     organization; and
       ``(2) prepare and submit to the Secretary an application at 
     such time, in such manner, and containing such information as 
     the Secretary may prescribe, including a description of the 
     activities that the entity intends to carry out using amounts 
     received under this part.

     ``SEC. 399I. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     part, such sums as are necessary for each of the fiscal years 
     1998 through 2002.''.
                                 ______
                                 

                FAIRCLOTH (AND CRAIG) AMENDMENT NO. 1102

  Mr. SPECTER (for Mr. Faircloth, for himself and Mr. Craig) proposed 
an amendment to the bill, S. 1061, supra; as follows:

       On page 61, after line 25, add the following:
       Sec.   . The Secretary of Education shall annually provide 
     to the Committee on Labor and Human Resources and the 
     Committee on Appropriations of the Senate and the Committee 
     on Education and the Workforce and the Committee on 
     Appropriations of the House of Representatives a 
     certification that not less than 95 percent of the amount 
     appropriated for a fiscal year for the activities of the 
     Department of Education is being used directly for teachers 
     and students. If the Secretary determines that less than 95 
     percent of such amount appropriated for a fiscal year is 
     being used directly for teachers and students, the Secretary 
     shall certify the percentage of such amount that is being 
     directly used for teachers and students.
                                 ______
                                 

                      FEINGOLD AMENDMENT NO. 1103

  Mr. SPECTER (for Mr. Feingold) proposed an amendment to the bill, S. 
1061, supra; as follows:

       On page 61, after line 25, insert the following:
       Sec.   . (a) The Secretary of Education shall conduct a 
     study that examines--
       (1) the economic, educational, and societal costs of--
       (A) the increase in enrollments of secondary school 
     students during the period 1998 through 2008;
       (B) the creation of smaller class sizes for students 
     enrolled in grades 1 through 3; and
       (C) the increase in enrollments described in subparagraph 
     (A) in relation to the creation of smaller class sizes 
     described in subparagraph (B); and
       (2) the costs to States and local school districts for 
     taking no action with respect to such increase in enrollments 
     and smaller class sizes.
       (b) The Secretary of Education shall report to Congress 
     within 9 months of the date of enactment of this Act 
     regarding the results of the study conducted under subsection 
     (a). Such report shall include recommendations regarding what 
     local school districts, States and the Federal Government can 
     do to address the issue of the increase in enrollments of 
     secondary school students and the need for smaller class 
     sizes in grades 1 through 3.
                                 ______
                                 

                      HOLLINGS AMENDMENT NO. 1104

  Mr. SPECTER (for Mr. Hollings) proposed an amendment to the bill, S. 
1061, supra; as follows:

       On page 3, line 3 strike ``$8,000,000'' and insert in lieu 
     thereof: ``$10,000,000.''
                                 ______
                                 

                       INHOFE AMENDMENT NO. 1105

  Mr. SPECTER (for Mr. Inhofe) proposed an amendment to the bill, S. 
1061, supra; as follows:

       On page 70, line 1, strike ``$16,160,300,000'' and insert 
     in lieu thereof: ``$16,162,525,000''.
       On page 70, before the period on line 4, insert the 
     following: ``: Provided further, That not less than 
     $2,225,000 shall be available for conducting a disability 
     return to work demonstration initiative, which focuses on 
     providing persons who have lost limbs with an integrated 
     program of prosthetic and rehabilitative care and job 
     placement assistance''.
                                 ______
                                 

                       SPECTER AMENDMENT NO. 1106

  Mr. SPECTER proposed an amendment to the bill, S. 1061, supra; as 
follows:

       On page 71, line 23, strike ``$245,000,000'' and insert in 
     lieu thereof: ``$290,000,000''.
       On page 71, line 25, after ``Public Law 104-121'' insert: 
     ``, section 10203 of Public Law 105-33,''.
                                 ______
                                 

                WARNER (AND KENNEDY) AMENDMENT NO. 1107

  Mr. SPECTER (for Mr. Warner, for himself and Mr. Kennedy) proposed an 
amendment to the bill, S. 1061, supra; as follows:

       On page 60, line 7, strike ``$338,964,000'' and insert in 
     lieu thereof ``$340,064,000: Provided, That $1,100,000 shall 
     be used for the Millennium 2000 project''.
       On page 56, line 21, strike ``$8,557,741,000'' and insert 
     in lieu thereof ``$8,556,641,000''.
                                 ______
                                 

                       HARKIN AMENDMENT NO. 1108

  Mr. SPECTER (for Mr. Harkin) proposed an amendment to the bill, S. 
1061, supra; as follows:

       On page 39, line 17, after the word ``expended'' insert: 
     ``, and together with administrative fees collected relative 
     to Medicare overpayment recovery activities, which shall 
     remain available until expended''.
                                 ______
                                 

                NICKLES (AND OTHERS) AMENDMENT NO. 1109

  Mr. SPECTER (for Mr. Nickles, for himself, Mr. Hagel, and Mr. Grams) 
proposed an amendment to the bill, S. 1061, supra; as follows:


[[Page S8930]]


       On page 49, after line 26, add the following:
       Sec.   . Subparagraphs (B) and (C) of section 1143(a)(2) of 
     the Social Security Act (42 U.S.C. 1320b-13(a)(2) (B), (C)) 
     are each amended by striking ``employee'' and inserting 
     ``employer, employee,''.
                                 ______
                                 

                       SPECTER AMENDMENT NO. 1110

  Mr. SPECTER proposed an amendment to the bill, S. 1061, supra; as 
follows:

       On page 9, line 11, strike ``$3,292,476,000'' and insert in 
     lieu thereof: ``$3,286,276,000''.
       On page 10, line 18, strike ``$216,333,000'' and insert in 
     lieu thereof: ``$210,133,000''.
       On page 12, line 11, strike ``$84,308,000'' and insert in 
     lieu thereof: ``$90,508,000''.
                                 ______
                                 

                 ROTH (AND MOYNIHAN) AMENDMENT NO. 1111

  Mr. SPECTER (for Mr. Roth, for himself and Mr. Moynihan) proposed an 
amendment to the bill, S. 1061, supra; as follows:

       On page 39, line 21, after the word ``appropriation'' 
     insert: ``: Provided further, That $900,000 shall be for 
     carrying out section 4021 of Public Law 105-33''.
       On page 39, line 22, strike ``$55,000,000'' and insert in 
     lieu thereof: ``$54,100,000''.
                                 ______
                                 

                       HARKIN AMENDMENT NO. 1112

  Mr. HARKIN proposed an amendment to the bill, S. 1061, supra; as 
follows:

       On page 56, line 22, before the period, insert the 
     following: ``: Provided further, That $60,000,000 shall be 
     for education infrastructure authorized under Title XII of 
     the Elementary and Secondary Education Act to be derived from 
     unobligated balances''.
                                 ______
                                 

                 HARKIN (AND GRAHAM) AMENDMENT NO. 1113

  Mr. HARKIN (for himself and Mr. Graham) proposed an amendment to the 
bill, S. 1061, supra; as follows:

       On page 39, at the end of line 25 before the period insert 
     the following: ``: Provided further, that no less than 
     $50,000,000 appropriated under this heading in fiscal year 
     1997 shall be obligated in fiscal year 1997 to increase 
     Medicare provider audits and implement the Department's 
     corrective action plan to the Chief Financial Officer's audit 
     of the Health Care Financing Administration's oversight of 
     Medicare''.
                                 ______
                                 

                 GRAHAM (AND OTHERS) AMENDMENT NO. 1114

  Mr. HARKIN (for Mr. Graham, for himself, Mr. Kennedy, and Mr. 
Abraham) proposed an amendment to the bill, S. 1061, supra; as follows:

       On page 49, after line 26, insert the following:
       Sec.   . (a) That section 414(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1524(a)) is amended by striking 
     ``fiscal year 1995, fiscal year 1996, and fiscal year 1997'' 
     and inserting ``each of fiscal years 1998, and 1999''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect October 1, 1997.
                                 ______
                                 

                BINGAMAN (AND OTHERS) AMENDMENT NO. 1115

  Mr. HARKIN (for Mr. Bingaman, for himself, Mr. Harkin, and Mr. 
Kennedy) proposed an amendment to the bill, S. 1061, supra; as follows:

       At the appropriate place, insert the following:
       Sec.   . (a) Notwithstanding any other provision of law, 
     the National Assessment Governing Board established under 
     section 412 of the National Education Statistics Act of 1994 
     (20 U.S.C. 9011), using funds appropriated under section 
     413(c) of that Act (20 U.S.C. 9012(c)), shall formulate 
     policy guidelines for voluntary national tests of reading or 
     mathematics for which the Secretary of Education uses funds 
     appropriated to the Department of Education.
       (b) In carrying out subsection (a), the National Assessment 
     Governing Board shall--
       (1) develop test objectives and specifications; test 
     methodology; guidelines for test administration, including 
     guidelines for inclusion of, and accommodations for, students 
     with disabilities and students with limited English 
     proficiency; guidelines for reporting test results, including 
     the use of performance levels; and guidelines for test use;
       (2) have final authority over the appropriateness of 
     cognitive items; and
       (3) ensure that all items selected for use on the tests are 
     free from racial, cultural, or gender bias.
                                 ______
                                 

                DASCHLE (AND KENNEDY) AMENDMENT NO. 1116

  Mr. Harkin (for Mr. Daschle, for himself and Mr. Kennedy) proposed an 
amendment to the bill, S. 1061, supra; as follows:

       On page 61, after line 25, insert the following:
       Sec.   . (a) The Senate finds that--
       (1) Federal Pell Grants are a crucial source of college aid 
     for low- and middle-income students;
       (2) in addition to the increase in the maximum Federal Pell 
     Grant from $2,700 to $3,000, which will increase aid to more 
     than 3,600,000 low- and middle-income students, our Nation 
     should provide an additional $700,000,000 to help more than 
     250,000 independent and dependent students obtain crucial aid 
     in order to help the students obtain the education, training, 
     or retraining the students need to obtain good jobs;
       (3) our Nation needs to help children learn to read well in 
     fiscal year 1998, as 40 percent of the Nation's young 
     children cannot read at the basic level; and
       (4) the Bipartisan Budget Agreement includes a total 
     funding level for fiscal year 1998 of $7,600,000,000 for 
     Federal Pell Grants, and of $260,000,000 for a child literacy 
     initiative.
       (b) It is the sense of the Senate that the Departments of 
     Labor, Health and Human Services, and Education, and Related 
     Agencies Appropriations Act, 1998, should--
       (1) provide $700,000,000 to fund the change in the needs 
     analysis for Federal Pell Grants for independent and for 
     dependent students;
       (2) add $260,000,000 in fiscal year 1998 for a child 
     literacy initiative; and
       (3) pay for the increase in the Federal Pell Grant funding 
     and the child literacy initiative from funds that are 
     available for fiscal year 1998 and not yet appropriated .
                                 ______
                                 

                  FORD (AND OTHERS) AMENDMENT NO. 1117

  Mr. FORD (for himself, Mr. Faircloth, Mr. McConnell, Mr. Helms, Mr. 
Robb, and Mr. Hollings) proposed an amendment to amendment No. 1078 
proposed by Mr. Durbin to the bill S. 1061, supra; as follows:

       At the end of the matter proposed to be inserted, add the 
     following new section:

     ``SEC.   . SENSE OF THE SENATE ON COMPENSATION FOR TOBACCO 
                   GROWERS AS PART OF LEGISLATION ON THE NATIONAL 
                   TOBACCO SETTLEMENT.

       ``(a) Findings.--
       ``(1) On June 20, 1997, representatives of tobacco 
     manufacturers, public health organizations, and Attorneys 
     General from a majority of the States announced that an 
     agreement had been reached on a national tobacco settlement;
       ``(2) The national tobacco settlement was intended to 
     provide a comprehensive framework for dealing with several 
     issues relevant to the tobacco industry, including youth 
     smoking prevention, legal liabilities, and the sales and 
     marketing practices of the industry;
       ``(3) Implementation of the national tobacco settlement 
     requires the enactment of federal legislation by the Congress 
     and the President;
       ``(4) There are more than 125,000 farms in the United 
     States which derive a substantial portion of their income 
     from the cultivation and sale of tobacco;
       ``(5) Representatives of tobacco growers were completely 
     excluded from the negotiations on the national tobacco 
     settlement, and were poorly informed, or not informed at all, 
     of any details of the settlement negotiations by any 
     participants in those negotiations;
       ``(6) The national tobacco settlement includes compensation 
     for several adversely affected groups, including NASCAR, 
     rodeo, and other event sponsors, but includes absolutely no 
     compensation whatsoever or other provisions relating to the 
     impact of the settlement on tobacco growers;
       ``(7) No other group has their livelihoods affected by the 
     national tobacco settlement as adversely as tobacco growers;
       ``(8) The local economies of tobacco growing communities 
     will be adversely affected by implementation of the national 
     tobacco settlement;
       ``(9) The national tobacco settlement contemplates $368.5 
     billion in payments from tobacco manufacturers over the next 
     25 years, and not all of this amount has been specifically 
     earmarked by the agreement; and
       ``(10) The federal tobacco program was designed to operate 
     at no net cost to the federal taxpayer, the national tobacco 
     settlement does not contemplate any changes to the operation 
     of this program, and even many critics of the national 
     tobacco settlement, including representatives from the public 
     health community, have expressed support for the continued 
     operation of a federal tobacco program which operates at no 
     net cost to taxpayers.''
       ``(b) Sense of the Senate.--It is the Sense of the Senate 
     that--
       ``(1) Tobacco growers should be fairly compensated as part 
     of any federal legislation for the adverse impact which will 
     follow from the enactment of the national tobacco settlement;
       ``(2) Tobacco growing communities should be provided 
     sufficient resources to adequately adjust to the impact on 
     their local economies which will result from the enactment of 
     the national tobacco settlement;
       ``(3) Any compensation provided to tobacco growers and 
     tobacco growing communities as part of federal legislation to 
     implement the national tobacco settlement should be included 
     within the $368.5 billion in payments which are to be 
     provided over the next 25 years; and
       (4) No provisions should be included in any federal 
     legislation to implement the national tobacco settlement 
     which would restrict or adversely affect the continued 
     administration of a viable federal tobacco program

[[Page S8931]]

     which operates at no net cost to the taxpayer.''
                                 ______
                                 

               MURRAY (AND WELLSTONE) AMENDMENT NO. 1118

  Mrs. MURRAY (for herself and Mr. Wellstone) proposed an amendment to 
the bill, S. 1061, supra; as follows:

       On page 49, after line 26, add the following:

     SEC.  . PROTECTING VICTIMS OF FAMILY VIOLENCE.

       (a) Findings.--Congress finds that--
       (1) the intent of Congress in amending part A of title IV 
     of the Social Security Act (42 U.S.C. 601 et seq.) in section 
     103(a) of the Personal Responsibility and Work Opportunity 
     Reconciliation Act of 1996 (Public Law 104-193; 110 Stat 
     2112) was to allow States to take into account the effects of 
     the epidemic of domestic violence in establishing their 
     welfare programs, by giving States the flexibility to grant 
     individual, temporary waivers for good cause to victims of 
     domestic violence who meet the criteria set forth in section 
     402(a)(7)(B) of the Social Security Act (42 U.S.C. 
     602(a)(7)(B));
       (2) the allowance of waivers under such sections was not 
     intended to be limited by other, separate, and independent 
     provisions of part A of title IV of the Social Security Act 
     (42 U.S.C. 601 et seq.);
       (3) under section 402(a)(7)(A)(iii) of such Act (42 U.S.C. 
     602(a)(7)(A)(iii)), requirements under the temporary 
     assistance for needy families program under part A of title 
     IV of such Act may, for good cause, be waived for so long as 
     necessary; and
       (4) good cause waivers granted pursuant to section 
     402(a)(7)(A)(iii) of such Act (42 U.S.C. 602(a)(7)(A)(iii)) 
     are intended to be temporary and directed only at particular 
     program requirements when needed on an individual case-by-
     case basis, and are intended to facilitate the ability of 
     victims of domestic violence to move forward and meet program 
     requirements when safe and feasible without interference by 
     domestic violence.
       (b) Clarification of Waiver Provisions.--
       (1) In general.--Section 402(a)(7) of the Social Security 
     Act (41 U.S.C. 602(a)(7)) is amended by adding at the end the 
     following:
       ``(C) No numerical limits.--In implementing this paragraph, 
     a State shall not be subject to any numerical limitation in 
     the granting of good cause waivers under subparagraph 
     (A)(iii).
       ``(D) Waivered individuals not included for purposes of 
     certain other provisions of this part.--Any individual to 
     whom a good cause waiver of compliance with this Act has been 
     granted in accordance with subparagraph (A)(iii) shall not be 
     included for purposes of determining a State's compliance 
     with the participation rate requirements set forth in section 
     407, for purposes of applying the limitation described in 
     section 408(a)(7)(C)(ii), or for purposes of determining 
     whether to impose a penalty under paragraph (3), (5), or (9) 
     of section 409(a).''.
       (2) Effective date.--The amendment made by paragraph (1) 
     takes effect as if it has been included in the enactment of 
     section 103(a) of the Personal Responsibility and Work 
     Opportunity Reconciliation Act of 1996 (Public Law 104-193; 
     110 Stat. 2112).
       (c) Federal Parent Locator Service.--
       (1) In general.--Section 453 of the Social Security Act (42 
     U.S.C. 653), as amended by section 5534 of the Balanced 
     Budget Act of 1997 (Public Law 105-33; 111 Stat. 627), is 
     amended--
       (A) in subsection (b)(2)--
       (i) in the matter preceding subparagraph (A), by inserting 
     ``or that the health, safety, or liberty or a parent or child 
     would be unreasonably put at risk by the disclosure of such 
     information,'' before ``provided that'';
       (ii) in subparagraph (A), by inserting ``, that the health, 
     safety, or liberty or a parent or child would be unreasonably 
     put at risk by the disclosure of such information,'' before 
     ``and that information''; and
       (iii) in subparagraph (B)(i), by striking ``be harmful to 
     the parent or the child'' and inserting ``place the health, 
     safety, or liberty of a parent or child unreasonably at 
     risk''; and.
       (B) in subsection (c)(2), by inserting ``, or to serve as 
     the initiating court in an action to seek and order,'' before 
     ``against a noncustodial''.
       (2) State plan.--Section 454(26) of the Social Security Act 
     (42 U.S.C. 654), as amended by section 5552 of the Balanced 
     Budget Act of 1997 (Public Law 105-33; 111 Stat. 635), is 
     amended--
       (A) in subparagraph (C), by striking ``result in physical 
     or emotional harm to the party or the child'' and inserting 
     ``place the health, safety, or liberty of a parent or child 
     unreasonably at risk'';
       (B) in subparagraph (D), by striking ``of domestic violence 
     or child abuse against a party or the child and that the 
     disclosure of such information could be harmful to the party 
     or the child'' and inserting ``that the health, safety, or 
     liberty of a parent or child would be unreasonably put at 
     risk by the disclosure of such information''; and
       (C) in subparagraph (E), by striking ``of domestic 
     violence'' and all that follows through the semicolon and 
     inserting ``that the health, safety, or liberty of a parent 
     or child would be unreasonably put at risk by the disclosure 
     of such information pursuant to section 453(b)(2), the court 
     shall determine whether disclosure to any other person or 
     persons of information received from the Secretary could 
     place the health, safety, or liberty or a parent or child 
     unreasonably at risk (if the court determines that disclosure 
     to any other person could be harmful, the court and its 
     agents shall not make any such disclosure);''.
       (3) Effective date.--The amendments made by this section 
     shall take effect 1 day after the effective date described in 
     section 5557(a) of the Balanced Budget Act of 1997 (Public 
     Law 105-33).
                                 ______
                                 

                       MURRAY AMENDMENT NO. 1119

  Mrs. MURRAY proposed an amendment to the bill, S. 1061, supra; as 
follows:

       On page 55, line 26, strike ``$1,486,698,000'' and insert 
     ``$1,487,698,000''.
       On page 56, line 1, strike ``$1,483,598,000'' and insert 
     ``$1,484,598,000''.
       On page 56, line 3, strike ``$4,491,000'' and insert 
     ``$5,491,000''.
       On page 56, line 5, after Sec. 384(c) insert the following: 
     ``which shall be derived from unobligated . . .''.
                                 ______
                                 

                       BENNETT AMENDMENT NO. 1120

  Mr. HARKIN (for Mr. Bennett) proposed an amendment to the bill, S. 
1061, supra; as follows:

       On page 53, line 16, after ``Act'' insert ``: Provided 
     further, That--
       ``(1) of the amount appropriated under this heading and 
     notwithstanding any other provision of law, the Secretary of 
     Education may award $1,000,000 to a State educational agency 
     (as defined in section 14101 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 8801)) to pay for 
     appraisals, resource studies, and other expenses associated 
     with the exchange of State school trust lands within the 
     boundaries of a national monument for Federal lands outside 
     the boundaries of the monument; and
       ``(2) the State educational agency is eligible to receive a 
     grant under paragraph (1) only if the agency serves a State 
     that--
       ``(A) has a national monument declared within the State 
     under the authority of the Act entitled ``An Act for the 
     preservation of American antiquities'', approved June 8, 1906 
     (16 U.S.C. 431 et seq.) (commonly known as the Antiquities 
     Act of 1906) that incorporates more than 100,000 acres of 
     State school trust lands within the boundaries of the 
     national monument; and
       ``(B) ranks in the lowest 25 percent of all States when 
     comparing the average per pupil expenditure (as defined in 
     section 14101 of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 8801)) in the State to the average per 
     pupil expenditure for each State in the United States.''.
                                 ______
                                 

                 KERREY (AND OTHERS) AMENDMENT NO. 1121

  Mr. FORD (for Mr. Kerrey, for himself, Mr. Hagel, Mr. Bingaman, Mr. 
Jeffords, Mr. Lautenberg, and Ms. Moseley-Braun) proposed an amendment 
to the bill, S. 1061, supra; as follows:

       On page 40, line 24, strike the period and insert ``: 
     Provided further, That, notwithstanding section 418(a) of the 
     Social Security Act, for fiscal year 1997 only, the amount of 
     payment under section 418(a)(1) to which each State is 
     entitled shall equal the amount specified as mandatory funds 
     with respect to such State for such fiscal year in the table 
     transmitted by the Administration for Children and Families 
     to State Child Care and Development Block Grant Lead Agencies 
     on August 27, 1996, and the amount of State expenditures in 
     fiscal year 1994 or 1995 (whichever is greater) that equals 
     the non-Federal share for the programs described in section 
     418(a)(1)(A) shall be deemed to equal the amount specified as 
     maintenance of effort with respect to such State for fiscal 
     year 1997 in such table.''.
                                 ______
                                 

                GORTON (AND DOMENICI) AMENDMENT NO. 1122

  Mr. DOMENICI (for Mr. Gorton, for himself and Mr. Domenici) proposed 
an amendment to the bill, S. 1061, supra; as follows:

       On page 85, after line 23, insert the following:
       Sec.  . (a) Notwithstanding any other provision of law, the 
     Secretary of Education shall award the total amount of funds 
     described in subsection (b) directly to local educational 
     agencies in accordance with subsection (d) to enable the 
     local educational agencies to support programs or activities 
     for kindergarten through grade 12 students that the local 
     educational agencies deem appropriate.
       (b) The total amount of funds referred to in subsection (a) 
     are all funds that are appropriated for the Department of 
     Education, the Department of Labor, and the Department of 
     Health and Human Services under this Act to support programs 
     or activities for kindergarten through grade 12 students, 
     other than--
       (1) amounts appropriated under this Act--
       (A) to carry out title VIII of the Elementary and Secondary 
     Education Act of 1965;
       (B) to carry out the Individuals with Disabilities 
     Education Act;
       (C) to carry out the Adult Education Act;
       (D) to carry out the Museum and Library Services Act;
       (E) for departmental management expenses of the Department 
     of Education; or

[[Page S8932]]

       (F) to carry out the Educational Research, Development, 
     Dissemination, and Improvement Act;
       (G) to carry out the National Education Statistics Act of 
     1994;
       (H) to carry out section 10601 of the Elementary and 
     Secondary Education Act of 1965;
       (I) to carry out section 2102 of the Elementary and 
     Secondary Education Act of 1965; or
       (J) to carry out part K of the Elementary and Secondary 
     Education Act of 1965; or
       (2) 50 percent of the amount appropriated under title III 
     under the headings ``Rehabilitation Services and Disability 
     Research'' and ``Vocational and Adult Education''.
       (c) Each local educational agency shall conduct a census to 
     determine the number of kindergarten through grade 12 
     students served by the local educational agency not later 
     than 21 days after the beginning of the school year. Each 
     local educational agency shall submit the number to the 
     Secretary.
       (d) The Secretary shall determine the amount awarded to 
     each local educational agency under this section as follows:
       (1) First, the Secretary, using the information provided 
     under subsection (c), shall determine a per child amount by 
     dividing the total amount of funds described in subsection 
     (b), by the total number of kindergarten through grade 12 
     students in all States.
       (2) Second, the Secretary, using the information provided 
     under subsection (c), shall determine the baseline amount for 
     each local educational agency by multiplying the per child 
     amount determined under paragraph (1) by the number of 
     kindergarten through grade 12 students that are served by the 
     local educational agency.
       (3) Lastly, the Secretary shall compute the amount awarded 
     to each local educational agency as follows:
       (A) Multiply the baseline amount determined under paragraph 
     (2) by a factor of 1.1 for local educational agencies serving 
     States that are in the least wealthy quintile of all States 
     as determined by the Secretary on the basis of the per capita 
     income of individuals in the States.
       (B) Multiply the baseline amount by a factor of 1.05 for 
     local educational agencies serving States that are in the 
     second least wealthy such quintile.
       (C) Multiply the baseline amount by a factor of 1.00 for 
     local educational agencies serving States that are in the 
     third least wealthy such quintile.
       (D) Multiply the baseline amount by a factor of .95 for 
     local educational agencies serving States that are in the 
     fourth least wealthy such quintile.
       (E) Multiply the baseline amount by a factor of .90 for 
     local educational agencies serving States that are in the 
     wealthiest such quintile.
       (e) If the total amount of funds made available to carry 
     out this section is insufficient to pay in full all amounts 
     awarded under subsection (d), then the Secretary shall 
     ratably reduce each such amount.
       (f) If the Secretary determines that a local educational 
     agency has knowingly submitted false information under 
     subsection (c) for the purpose of gaining additional funds 
     under this section, then the local educational agency shall 
     be fined an amount equal to twice the difference between the 
     amount the local educational agency received under subsection 
     (d), and the correct amount the local educational agency 
     would have received if the agency had submitted accurate 
     information under subsection (c).
       (g) In this section--
       (1) the term ``local educational agency'' has the meaning 
     given the term in section 14101 of the Elementary and 
     Secondary Education Act of 1965;
       (2) the term ``Secretary'' means the Secretary of 
     Education; and
       (3) the term ``State'' means each of the several States of 
     the United States, the District of Columbia, the Commonwealth 
     of Puerto Rico, Guam, American Samoa, the Commonwealth of the 
     Northern Mariana Islands, the United States Virgin Islands, 
     the Republic of the Marshall Islands, the Federated States of 
     Micronesia, and the Republic of Palau.

                          ____________________