[Congressional Record Volume 144, Number 30 (Wednesday, March 18, 1998)]
[Senate]
[Pages S2214-S2220]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mrs. FEINSTEIN:
S. 1791. A bill to provide for an alternative penalty procedure for
States that fail to meet Federal child support data processing
requirements; to the Committee on Finance.
the child support performance act of 1998
Mrs. FEINSTEIN. Mr. President, I am introducing today the Child
Support Performance Act of 1998. This legislation decreases penalties
for those 14 states who did not make the child support enforcement
system deadline last October.
This legislation decreases the overall penalties to 4% of the child
support administrative funds in the first year, and increases the
penalties by 4% each year up to 20%. However, if the state meets the
benchmark goals it set out with HHS at the beginning of the year, 75%
of the penalties would be forgiven each year. This provision encourages
states to set realistic goals for the year and recognizes their
progress each year instead of the all or nothing approach under current
law.
The current penalties for not having the child support enforcement
system up and running are enormous. States would be penalized all their
TANF (AFDC) funding and their child support administration funds for
the year.
The total loss in TANF funds and child support administrative funds
from the 14 states amount to over $8 billion per year. More
specifically, California would lose $4 billion. Illinois would lose
$654 million. Michigan would lose $857 million. Pennsylvania would lose
$794 million.
There is enough blame to go around for the states' failures to meet
the child support enforcement systems deadline.
The lengthy private sector contractor procurement and federal
approval processes; many vendors' inability to complete work to
specifications within the time allowed; the long time needed to convert
large caseloads into a new system; the difficulties inherent in a
single system conversion in large states like California.
All of us would agree that the huge financial penalties imposed on 14
or more states would cause hardship to the children and families in the
affected states. However, since over 30% of all child support cases are
interstate collection cases, the penalties would have a nationwide
impact.
What this means is that children in Kansas or Georgia will not be
able to get child support from parents in California, Pennsylvania or
the other 12 states who face the devastating penalties.
For the 14 states who face such devastating prospects, without my
legislation, the rigid one statewide system requirement and the harsh
penalty imposed on states would impoverish 19 million families with
children nationwide.
Let me also point out the unfairness of current penalties on Los
Angeles County. For California, 25% of the penalty will be borne by LA
County, the largest county in the nation, serving 550,000 families.
Despite the fact that LA County completed its system by the October
deadline and could be certified as recognized by HHS in its March 2,
1998 proposed rules, LA County will be penalized along with the rest of
California.
This is unfair and wrong. As I propose in my legislation, when
counties have met the system requirement by building their own system
with separate HHS funding, their portion should be exempted from the
total penalties imposed on a state.
The House of Representatives recently passed Clay Shaw's legislation,
H.R. 3130, that lowered the penalties for those states who did not meet
the October 1st deadline last year. Representative Shaw's bill lowers
the penalties but remains very harsh for those states who missed the
deadline but who are on their way to becoming certified within a year
or two.
Under Shaw's bill, California alone would face $12 million in penalty
in the first year and up to $60 million in the forth year, denying 2.36
million impoverished families in California of their child support. It
will not hurt the state, but only those families we are trying to help.
In other big states like Illinois, approximate 730,000 families with
children may not get their child support because the state faces $2.7
million in penalties during the first year, and up to $13.5 million in
the fourth year.
For Michigan, 1.5 million families with children may not get their
child support because the state faces $3.27 million in penalties during
the first year, up to $16.3 million in the fourth year.
Some, argue that these cuts are necessary to punish the states for
not coming into compliance, but the reality is, that again only hurts
the families with children.
Mr. President, the bottom line is, if we don't have child support
enforcement systems up and running, children and families don't get
their child support. 14 states do not have a child support enforcement
system and imposing harsh penalties will not encourage states to
perform better but debilitate their ability to serve.
Thank you, Mr. President. I urge all the members to support this
legislation and I ask unanimous consent that a copy 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. 1791
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 Support Performance
Act of 1998''.
[[Page S2215]]
SEC. 2. ALTERNATIVE PENALTY PROCEDURE APPLICABLE TO FEDERAL
CHILD SUPPORT DATA PROCESSING REQUIREMENTS.
(a) In General.--Section 455(a) of the Social Security Act
(42 U.S.C. 655(a)) is amended by adding at the end the
following:
``(4)(A) If--
``(i) the Secretary determines that a State plan under
section 454 would (in the absence of this paragraph) be
disapproved for the failure of the State to comply with
section 454(24)(A), and that the State has made and is
continuing to make a good faith effort to so comply; and
``(ii) the State has submitted to the Secretary a
corrective compliance plan that describes how the State will
achieve such compliance, which has been approved by the
Secretary,
then the Secretary shall not disapprove the State plan under
section 454, and the Secretary shall reduce the amount
otherwise payable to the State under paragraph (1)(A) of this
subsection for the fiscal year by the penalty amount.
``(B) In this paragraph:
``(i) The term `penalty amount' means, with respect to a
failure of a State to comply with section 454(24)--
``(I) 4 percent of the penalty base, in the case of the 1st
fiscal year in which such a failure by the State occurs;
``(II) 8 percent of the penalty base, in the case of the
2nd such fiscal year;
``(III) 12 percent of the penalty base, in the case of the
3rd such fiscal year;
``(IV) 16 percent of the penalty base, in the case of the
4th such fiscal year; or
``(V) 20 percent of the penalty base, in the case of the
5th or any subsequent such fiscal year.
``(ii) The term `penalty base' means, with respect to a
failure of a State to comply with section 454(24) during a
fiscal year, the amount otherwise payable to the State under
paragraph (1)(A) of this subsection for the preceding fiscal
year, minus the applicable share of such amount which would
otherwise be payable to any county to which the Secretary
granted a waiver under the Family Support Act of 1988 (Public
Law 100-485; 102 Stat. 2343) for 90 percent enhanced Federal
funding to develop an automated data processing and
information retrieval system provided that such system was
implemented prior to October 1, 1997.
``(C)(i) The Secretary shall waive a penalty under this
paragraph for any failure of a State to comply with section
454(24)(A) during fiscal year 1998 if, by December 31, 1997,
the State has submitted to the Secretary a request that the
Secretary certify the State as having met the requirements of
such section and, by June 1, 1998, the Secretary has provided
the certification as a result of a review conducted pursuant
to the request.
``(ii) If a State with respect to which a reduction is made
under this paragraph for a fiscal year achieves compliance
with the milestones in the corrective compliance plan for
that year by the beginning of the succeeding fiscal year, the
Secretary shall increase the amount otherwise payable to the
State under paragraph (1)(A) of this subsection for the
succeeding fiscal year by an amount equal to 75 percent of
the reduction for the fiscal year.
``(iii) The Secretary shall reduce the amount of any
reduction that, in the absence of this clause, would be
required to be made under this paragraph by reason of the
failure of a State to achieve compliance with section
454(24)(B) during the fiscal year, by an amount equal to 20
percent of the amount of the otherwise required reduction,
for each State performance measure described in section
458A(b)(4) with respect to which the applicable percentage
under section 458A(b)(6) for the fiscal year is 100 percent,
if the Secretary has made the determination described in
section 458A(b)(5)(B) with respect to the State for the
fiscal year.
``(D)(i) Subject to clause (ii), the preceding provisions
of this paragraph (except for subparagraph (C)(i)) shall
apply, separately and independently, to a failure to comply
with section 454(24)(B) in the same manner in which the
preceding provisions apply to a failure to comply with
section 454(24)(A).
``(ii) The requirement under clause (i) to impose a
separate and independent penalty amount for a fiscal year for
a failure to comply with section 454(24)(B) shall not apply
in the case of any State that the Secretary determines has
achieved, by such date as the Secretary may specify,
compliance with the milestones of the corrective compliance
plan submitted by the State that the Secretary determines are
necessary for the State to progress toward certification
under section 454(24)(B).''.
(b) Inapplicability of Penalty Under TANF Program.--Section
409(a)(8)(A)(i)(III) of such Act (42 U.S.C.
609(a)(8)(A)(i)(III)) is amended by inserting ``(other than
section 454(24))'' before the semicolon.
SEC. 3. AUTHORITY TO WAIVE SINGLE STATEWIDE AUTOMATED DATA
PROCESSING AND INFORMATION RETRIEVAL SYSTEM
REQUIREMENT.
(a) In General.--Section 452(d)(3) of the Social Security
Act (42 U.S.C. 652(d)(3)) is amended to read as follows:
``(3) The Secretary may waive any requirement of paragraph
(1) or any condition specified under section 454(16), and
shall waive the single statewide system requirement under
sections 454(16) and 454A, with respect to a State if--
``(A) the State demonstrates to the satisfaction of the
Secretary that the State has or can develop an alternative
system or systems that enable the State--
``(i) for purposes of section 409(a)(8), to achieve the
paternity establishment percentages (as defined in section
452(g)(2)) and other performance measures that may be
established by the Secretary;
``(ii) to submit data under section 454(15)(B) that is
complete and reliable;
``(iii) to substantially comply with the requirements of
this part; and
``(iv) in the case of a request to waive the single
statewide system requirement, to--
``(I) meet all functional requirements of sections 454(16)
and 454A;
``(II) ensure that the calculation of distribution of
collected support is according to the requirements of section
457;
``(III) ensure that there is only 1 point of contact in the
State for all interstate case processing and coordinated
intrastate case management;
``(IV) ensure that standardized data elements, forms, and
definitions are used throughout the State; and
``(V) complete the alternative system in no more time than
it would take to complete a single statewide system that
meets such requirement;
``(B)(i) the waiver meets the criteria of paragraphs (1),
(2), and (3) of section 1115(c); or
``(ii) the State provides assurances to the Secretary that
steps will be taken to otherwise improve the State's child
support enforcement program; and
``(C) in the case of a request to waive the single
statewide system requirement, the State has submitted to the
Secretary separate estimates of the total cost of a single
statewide system that meets such requirement, and of any such
alternative system or systems, which shall include estimates
of the cost of developing and completing the system and of
operating the system for 5 years, and the Secretary has
agreed with the estimates.''.
(b) Payments to States.--Section 455(a)(1) of such Act (42
U.S.C. 655(a)(1)) is amended--
(1) by striking ``and'' at the end of subparagraph (B);
(2) by striking the semicolon at the end of subparagraph
(C) and inserting ``, and''; and
(3) by inserting after subparagraph (C) the following:
``(D) equal to 66 percent of the sums expended by the State
during the quarter for an alternative statewide system for
which a waiver has been granted under section 452(d)(3), but
only to the extent that the total of the sums so expended by
the State on or after the date of the enactment of this
subparagraph does not exceed the least total cost estimate
submitted by the State pursuant to section 452(d)(3)(C) in
the request for the waiver.''.
______
By Mr. HARKIN:
S. 1794. A bill to provide for the adjudication of certain claims
against the Government of Iraq and to ensure priority for United States
veterans filing such claims; to the Committee on the Judiciary.
The Gulf War Veterans' Iraqi Claims Protection Act of 1998.
Mr. HARKIN. Mr. President, I rise today to introduce important
legislation for the men and women of our armed forces who served in the
Persian Gulf during operation Desert Shield and Desert Storm.
The U.S. Government has $1.3 billion in impounded Iraqi funds from
the Gulf War. U.S. businesses, the U.S. government, private citizens
and over 3,000 American veterans have currently filed over $5 billion
in claims against these funds. No criteria exists for dispersing these
funds and no system of priorities is in place to ensure a fair
settlement.
I believe the U.S. should protect those who safe guarded the
interests of America during the Gulf War by ensuring their ability to
file for claims against the impounded Iraqi money. My legislation,
``The Gulf War Veterans' Iraqi Claims Protection Act of 1998,'' will
put to rest, once and for all, lingering concerns about who should have
priority in receiving these funds.
This legislation will:
Grant priority status to all retired, reserve or active duty members
of the U.S. Armed Forces who may wish to file claims arising out of
Iraq's invasion of Kuwait;
Establish a fund in the U.S. Treasury for payment of these claims;
and
Create a formula for payments based on priority status.
Mr. President, no one disputes that many U.S. businesses and many
American non-veteran citizens have legitimate claims to this money.
However, I firmly believe that our Gulf War veterans, who risked their
lives for their country and our freedom, deserve the highest priority
in having their claims resolved. I hope all of my colleagues will join
me in supporting our Gulf War veterans by supporting this legislation.
I have a copy of a letter from the Veterans of Foreign Wars (VFW) in
support of this legislation which I ask
[[Page S2216]]
unanimous consent be printed in the Record along with the text of the
legislation.
There being no objection, the material was ordered to be printed in
the Record, as follows:
S. 1794
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 ``Gulf War Veterans' Iraqi
Claims Protection Act of 1998''.
SEC. 2. ADJUDICATION OF CLAIMS.
(a) Claims Against Iraq.--The United States Commission is
authorized to receive and determine the validity and amounts
of any claims by nationals of the United States against the
Government of Iraq.
(b) Decision Rules.--In deciding claims under subsection
(a), the United States Commission shall apply, in the
following order
(1) applicable substantive law, including international
law; and
(2) applicable principles of justice and equity.
(c) Priority Claims.--Before deciding any other claim
against the Government of Iraq, the United States Commission
shall, to the extent practical, decide all pending non-
commercial claims of active, retired, or reserve members of
the United States Armed Forces, retired former members of the
United States Armed Forces, and other individuals arising out
of Iraq's invasion and occupation of Kuwait or out of the
1987 attack on the USS Stark.
(d) Applicability of International Claims Settlement Act.--
To the extent they are not inconsistent with the provisions
of this Act, the provisions of title I (other than section
2(c)) and title VII of the International Claims Settlement
Act of 1949 (22 U.S.C. 1621-1627 and 1645-1645o) shall apply
with respect to claims under this Act.
SEC. 3. CLAIMS FUNDS.
(a) Iraq Claims Fund.--The Secretary of the Treasury is
authorized to establish in the Treasury of the United States
a fund (hereafter in this Act referred to as the ``Iraq
Claims Fund'') for payment of claims under section 2(a). The
Secretary of the Treasury shall cover into the Iraq Claims
Fund such amounts as are allocated to such fund pursuant to
subsection (b).
(b) Allocation of Proceeds From Iraqi Asset Liquidation.--
(1) In general.--The President shall allocate funds
resulting from the liquidation of assets pursuant to section
4 in the manner the President determines appropriate between
the Iraq Claims Fund and such other accounts as are
appropriate for the payment of claims of the United States
Government, subject to the limitation in paragraph (2).
(2) Limitation.--The amount allocated pursuant to this
subsection for payment of claims of the United States
Government may not exceed the amount which bears the same
relation to the amount allocated to the Iraq Claims Fund
pursuant to this subsection as the sum of all certified
claims of the United States Government bears to the sum of
all claims certified under section 2(a). As used in this
paragraph, the term ``certified claims of the United States
Government'' means those claims of the United States
Government which are determined by the Secretary of State to
be outside the jurisdiction of the United Nations Commission
and which are determined to be valid, and whose amount has
been certified, under such procedures as the President may
establish.
SEC. 4. AUTHORITY TO VEST IRAQI ASSETS.
The President is authorized to vest and liquidate as much
of the assets of the Government of Iraq in the United States
that have been blocked pursuant to the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) as may
be necessary to satisfy claims under section 2(a), as well as
claims of the United States Government against Iraq which are
determined by the Secretary of State to be outside the
jurisdiction of the United Nations Commission.
SEC. 5. REIMBURSEMENT FOR ADMINISTRATIVE EXPENSES.
(a) Deduction.--In order to reimburse the United States
Government for its expenses in administering this Act, the
Secretary of the Treasury shall deduct 1.5 percent of any
amount covered into the Iraq Claims Fund.
(b) Deductions Treated as Miscellaneous Receipts.--Amounts
deducted pursuant to subsection (a) shall be deposited in the
Treasury of the United States as miscellaneous receipts.
SEC. 6. PAYMENTS.
(a) In General.--The United States Commission shall certify
to the Secretary of the Treasury each award made pursuant to
section 2. The Secretary of the Treasury shall make payment,
out of the Iraq Claims Fund, in the following order of
priority to the extent funds are available in such fund:
(1) Payment of $10,000 or the principal amount of the
award, whichever is less.
(2) For each claim that has priority under section 2(c),
payment of a further $90,000 toward the unpaid balance of the
principal amount of the award.
(3) Payments from time to time in ratable proportions on
account of the unpaid balance of the principal amounts of all
awards according to the proportions which the unpaid balance
of such awards bear to the total amount in the Iraq Claims
Fund that is available for distribution at the time such
payments are made.
(4) After payment has been made of the principal amounts of
all such awards, pro rata payments on account of accrued
interest on such awards as bear interest.
(5) After payment has been made in full of all the awards
payable out of the Iraq Claims Fund, any funds remaining in
that fund shall be transferred to the general fund of the
Treasury of the United States.
(b) Unsatisfied Claims.--Payment of any award made pursuant
to this Act shall not extinguish any unsatisfied claim, or be
construed to have divested any claimant, or the United States
on his or her behalf, of any rights against the Government of
Iraq with respect to any unsatisfied claim.
SEC. 7. AUTHORITY TO TRANSFER RECORDS.
The head of any Executive agency may transfer or otherwise
make available to the United States Commission such records
and documents relating to claims authorized to be adjudicated
by this Act as may be required by the United States
Commission in carrying out its functions under this Act.
SEC. 8. STATUTE OF LIMITATIONS; DISPOSITION OF UNUSED FUNDS.
(a) Statute of Limitations.--Any demand or claim for
payment on account of an award that is certified under this
Act shall be barred one year after the publication date of
the notice required by subsection (b).
(b) Publication of Notice.--
(1) In general.--At the end of the 9-year period specified
in paragraph (2), the Secretary of the Treasury shall publish
a notice in the Federal Register detailing the statute of
limitations provided for in subsection (a) and identifying
the claim numbers and awardee names of unpaid certified
claims.
(2) Publication date.--The notice required by paragraph (1)
shall be published 9 years after the last date on which the
Secretary of the Treasury covers into the Iraq Claims Fund
amounts allocated to that fund pursuant to section 3(b).
(c) Disposition of Unused Funds.--
(1) Disposition.--At the end of the 2-year period beginning
on the publication date of the notice required by subsection
(b), the Secretary of the Treasury shall dispose of all
unused funds described in paragraph (2) by depositing in the
Treasury of the United States as miscellaneous receipts any
such funds that are not used for such additional payments.
(2) Unused funds.--The unused funds referred to in
paragraph (1) are any remaining balance in the Iraq Claims
Fund.
SEC. 9. DEFINITIONS.
As used in this Act:
(1) Executive agency.--The term ``Executive agency'' has
the meaning given that term by section 105 of title 5, United
States Code.
(2) Government of iraq.--The term ``Government of Iraq''
includes agencies, instrumentalities, and controlled entities
(including public sector enterprises) of that government.
(3) United nations commission.--The term ``United Nations
Commission'' means the United Nations Compensation Commission
established pursuant to United Nations Security Council
Resolution 687 (1991).
(4) United states commission.--The term ``United States
Commission'' means the Foreign Claims Settlement Commission
of the United States.
____
Veterans of Foreign Wars
of the United States,
Washington, DC, March 18, 1998.
Hon. Tom Harkin,
U.S. Senate,
Washington, DC.
Dear Senator Harkin: On behalf of the VFW and its 2.1
million members I thank you for taking the initiative to
introduce The Gulf War Veterans' Iraqi Claims Protection Act
of 1998. The bill will ensure that individual veterans claims
are given a priority for receiving compensation from Iraqi
assets frozen in the United States by our Government.
The VFW has consistently taken the position since 1993 that
veterans of Desert Shield and Desert Storm should have
priority status regarding compensation from Iraq for injury
and illness they received in line of duty.
Again, thank you for your show of strong support on behalf
of all veterans, especially those who went to the Persian
Gulf, fought the war, and in some cases suffered personal
injuries, material losses, and even death. It will be our
pleasure to participate in any manner necessary to further
assist you in this effort.
Sincerely,
John E. Moon,
Commander-in-Chief.
______
By Mr. HAGEL (for himself, Mr. Grams, Mr. Roberts and Mr. Chafee,
and Mr. Domenici):
S. 1795. A bill to reform the International Monetary Fund and to
authorize United States participation in a quota increase and the New
Arrangements to Borrow of the International Monetary Fund, and for
other purposes; to the Committee on Foreign Relations.
THE INTERNATIONAL MONETARY FUND REFORM ACT
Mr. HAGEL. Mr. President, today I am joining with Senators Grams,
Roberts, Chafee, and Domenici in introducing the International Monetary
Fund Reform Act. This legislation is the product of weeks of work and
negotiation we have undertaken to develop
[[Page S2217]]
a package of very tough--but achievable--reforms for the IMF. We all
agree that there must be IMF reform. But relevant, workable, and
achievable reforms are what we must put in place.
It's in America's national interest for Congress to move swiftly to
support the full $18 billion request for the IMF. Our actions--or
inactions--will have real short-term and long-term economic
consequences for America's interests in Asia and around the world. This
morning, I chaired a hearing in the Foreign Relations Committee that
showed how important the IMF is to American agriculture and our ability
to build and keep markets overseas. We cannot discount the importance
of the message our actions or inactions here will send. A stable Asian
marketplace is in America's interest.
We are introducing this legislation today so that all our colleagues
can review the compromise language we have put together. As the debate
on this issue unfolds, we intend to remain actively involved.
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. 1795
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 ``International Monetary Fund
Reform Act of 1998''.
SEC. 2. DEFINITION.
For purposes of this Act, the term ``appropriate
congressional committees'' means the Committee on Foreign
Relations and the Committee on Banking, Housing, and Urban
Affairs of the Senate, and the Committee on International
Relations and the Committee on Banking and Financial Service
of the House of Representatives.
TITLE I--INTERNATIONAL MONETARY FUND
SEC. 101. PARTICIPATION IN QUOTA INCREASE.
The Bretton Woods Agreements Act (22 U.S.C. 286-286mm) is
amended by adding at the end the following:
``SEC. 61. QUOTA INCREASE.
``(a) In General.--The United States Governor of the Fund
may consent to an increase in the quota of the United States
in the Fund equivalent to 10,622,500,000 Special Drawing
Rights.
``(b) Subject to Appropriations.--The authority provided by
subsection (a) shall be effective only to such extent or in
such amounts as are provided in advance in appropriations
Acts.''.
SEC. 102. CONDITIONS FOR RELEASE OF FUNDS.
(a) Limitations on Funding.--Notwithstanding any other
provision of law, any funds appropriated or otherwise made
available for an increase in the quota of the United States
in the International Monetary Fund pursuant to this title
shall not be available for such increase until the Secretary
of the Treasury makes the certifications described in
subsection (b) and (c) to the appropriate congressional
committees.
(b) Certification Regarding Transparency.--The
certification described in this subsection means a
certification by the Secretary of the Treasury to the
appropriate congressional committees that the United States
is taking all necessary and appropriate steps to--
(1) ensure that the internal processes of the IMF becomes
open and transparent;
(2) strengthen the ability of all countries, Congress, and
the public to obtain timely and accurate information about
the decision making process and other internal processes of
the IMF;
(3) obtain routine release to the public of IMF documents,
including official working papers, past evaluations, all
Letters of Intent, and Policy Framework Papers.
(4) provide for greater accessibility, for both
policymakers and members of the public, of the IMF and its
staff; and
(5) obtain timely and complete publication of the Article
IV consultations conducted by the IMF for each member
country.
(c) Certification Regarding Future Lending Standards.--The
certification described in this subsection means a
certification by the Secretary of the Treasury of the
appropriate congressional committees that the International
Monetary Fund routinely seeks, as a standard condition for
lending and other uses of the Fund's resources, that borrower
countries be required to--
(1) comply with the borrower country's international
trading obligations including, if applicable, with the
standards of the World Trade Organization;
(2) comply with appropriate international banking and
financial standards and not engage in the pattern or practice
of improper government-directed lending to favored
industries, enterprises, parties, or institutions; and
(3) have or be developing bankruptcy laws and procedures to
provide for liquidation and restructuring of businesses, and
make progress toward assuring nondiscriminatory treatment of
domestic and foreign creditors, debtors, and other concerned
persons.
(d) Report.--Not later than October 1, 1998, and not later
than March 1 of each year thereafter, the Secretary of the
Treasury shall submit to the appropriate congressional
committees a report describing the steps taken by the United
States to achieve the objectives set forth in subsection (b)
and progress made toward achieving such objectives.
TITLE II--NEW ARRANGEMENTS TO BORROW
SEC. 201. NEW ARRANGEMENTS TO BORROW.
Section 17 of the Bretton Woods Agreements Act (22 U.S.C.
286e-2 et seq.) is amended--
(1) in subsection (a)--
(A) by striking ``and February 24, 1983'' and inserting
``February 24, 1983, and January 27, 1997''; and
(B) by striking ``4,250,000,000'' and inserting
``6,712,000,000'';
(2) in subsection (b), by striking ``4,250,000,000'' and
inserting ``6,712,000,000''; and
(3) in subsection (d)--
(A) by inserting ``or the Decision of January 27, 1997,''
after ``February 24, 1983,''; and
(B) by inserting ``or the New Arrangements to Borrow, as
applicable'' before the period at the end.
______
By Mr. BINGAMAN (for himself, Mr. Inouye, and Mrs. Murray):
S. 1796. A bill to amend the Higher Education Act to 1965 to increase
postsecondary education opportunities for Hispanic students and other
student populations underrepresented in postsecondary education; to the
Committee on Labor and Human Resources.
the higher education for the 21st century act
Mr. BINGAMAN. Mr. President, I am glad to be here today to introduce
the Higher Education for the 21st Century Act, which is also
cosponsored by Senators Inouye and Murray.
the importance of improving post-secondary education for hispanic and
native americans
Improving the quality and availability of postsecondary opportunities
for Hispanics and Native Americans is one of my top priorities during
the reauthorization of the Higher Education Act.
I was one of the authors and lead supporters of the original Hispanic
Serving Institutions proposal that was enacted in 1992.
I also authored the Educational Equity for Land Grant Status Act of
1994, and the Tribally Controlled, Post--Secondary Vocational
Institutions Program that helps institutions such as Crownpoint.
examples from new mexico
Like others, I have many of these institutions in my state:
Hispanic serving institutions such as Albuquerque Technical
Vocational Institute and Santa Fe Community College, and
Tribal colleges such as Crownpoint Institute of Technology, the
Southwest Indian Technical institute, and the Institute for American
Indian Arts.
As I will describe, these institutions are essential lifelines for so
many Hispanic and Native American students who aspire to post-secondary
education.
strong bipartisan support for hispanic serving institutions and tribal
colleges and universities
I am also glad to report to that the proposals contained in this
legislation has the support of a broad, bipartisan group of members in
both the House and Senate, as well as the Administration:
In the last two weeks, 19 Senators from both sides of the aisle
joined in sending letters to the Labor Committee expressing their
strong support for these goals.
Over 30 Members of the House have joined to cosponsor companion
legislation, HR 2495.
The Administration has proposed parallel provisions in its
recommendations for the reauthorization of the Higher Education Act.
how the current title iii works
Under current law, there are only limited provisions for HSIs, and no
provisions at all for Tribal Colleges.
Title III, called ``Strengthening Institutions'' is intended to
provide grants to colleges that serve large populations of low-income
and minority students, enabling them to improve the quality of their
programs:
There are several special provisions to support Historically Black
Colleges;
There is a small provision that allows some HSIs that meet highly
restrictive eligibility requirements to receive funds; and
[[Page S2218]]
There is no special provision for the particular needs of Tribal
Colleges.
streamlining and expanding hispanic serving institutions
While they make up only about 3 percent of all colleges and
universities, HSIs educate over half of all Hispanic Americans
nationwide.
In fact, HSIs account for over 45 percent of the Associate's degrees
earned by Hispanics nationwide, and almost 50 percent of Bachelor's
degrees.
Though the current HSI program is very successful, there are several
aspects that I believe should be improved. This bill would:
Increase the HSI authorization from $45 to $100 million;
Create a new Part C within Title III specifically for HSIs; and,
Eliminate cumbersome and inequitable data collection requirements
about parents' educational attainment.
creating new opportunities for tribal colleges and universities
This bill also helps tribal colleges and universities (or ``TCUs''),
by creating a funding stream that would enable them to compete for
similar grants under the Higher Education Act.
At present, there are 30 tribal colleges in 12 states serving over
25,000 students from 200 tribes, which continue to be among the most
under-funded institutions of higher education in the nation.
However, Tribal Colleges or Universities have been hampered by a
legacy of inadequate and unstable funding, because they do not have
large resource bases to draw on and generally do not receive State
funding.
This bill:
Creates a new Part D within Title III specifically for TCUs;
Establishes an FY99 authorization level of $50 million; and
Includes ALL tribal colleges--including those land grant institutions
such as Crownpoint Institute of Technology that are currently excluded
from the Tribal Community Colleges Act.
why hsis and tcus need these programs
One of the main reasons these changes are needed has to do with the
limited educational opportunities and disproportionately low
educational achievement of both Hispanics and Native Americans in most
parts of the country.
Over 40 percent of Hispanic students do not complete a bachelor's
degree, and 30 percent of young Hispanics have not graduated from high
school.
Only 8.9 percent of American Indian and Alaska Native Youth earn 4
year bachelor's degrees or higher academic degrees compared to 20.3% of
the Nation as a whole.
This is not to say that there aren't needy students at all types of
institutions around the country but simply to point out that American
Indian and Hispanic students--and the colleges that educate them--are
among the most needy.
Unclear progress on these issues in the Labor Committee
Despite the strong support for these changes, it is unclear at
present if the House Education Committee or the working group in the
Labor Committee will agree to make significant changes.
In the House Education Committee there has been some notable
progress, including a new $10 million section for Tribal Colleges and
an increased authorization level for HSIs.
However, in recent Labor Committee drafts there have been only minor
changes for HSIs, and no action at all to support tribal colleges.
Conclusion
This Act contains changes that have tremendous importance both
symbolically and substantively that will provide opportunities Congress
to lead the way in helping the most needy institutions helping the most
disadvantaged students.
Knowing that Senator Jeffords and Senator Kennedy and other members
of the Labor Committee are long-standing supporters of tribal colleges
and HSIs, I am hoping that the Committee will be persuaded of the need
to make these changes.
I urge my colleagues to lend their support to this Act, and call on
my friends in the Labor Committee to include these provisions in the
reauthorization of the Higher Education Act.
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. 1796
Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; REFERENCES.
(a) Short Title.--This Act may be cited as the ``Higher
Education for the 21st Century Act''.
(b) References.--Except as otherwise specifically provided,
whenever in this Act an amendment or repeal is expressed as
an amendment or repeal of a section or other provision, the
reference shall be considered to be made to that section or
provision in the Higher Education Act of 1965 (20 U.S.C. 1001
et seq).
SEC. 2. HISPANIC-SERVING INSTITUTIONS.
(a) In General.--Title III (20 U.S.C. 1051 et seq.) is
amended--
(1) by redesignating parts C and D (20 U.S.C. 1065 et seq.
and 1066 et seq.) as parts E and F, respectively;
(2) by redesignating section 331 (20 U.S.C. 1065) as
section 341;
(3) by redesignating sections 351, 352, 353, 354, 356, 357,
358, and 360 (20 U.S.C. 1066, 1067, 1068, 1069, 1069b, 1069c,
1069d, and 1069f) as sections 361, 362, 363, 364, 365, 366,
367, and 368, respectively;
(4) by repealing section 316 (20 U.S.C. 1059c); and
(5) by inserting after part B the following:
``Part C--Hispanic-Serving Institutions
``SEC. 331. FINDINGS.
``Congress makes the following findings:
``(1) The disparity in educational opportunity between
Hispanics and other Americans has become increasingly
apparent. Hispanic student participation in higher education
has remained basically stagnant with only 8 percent of
Hispanic students attending higher education, and with
Hispanic students experiencing a high school drop out rate in
excess of 30 percent. Hispanics have the lowest college
participation rates of any major race or ethnic group and
attain degrees at a much lower rate than white students.
``(2) Efforts to correct this severe underrepresentation of
Hispanics in postsecondary education have been woefully
inadequate. All too often, responses that could be found were
targeted too broadly, constructed too narrowly, or
underfunded. With the single exception of the Pell Grant
program, Federal higher education programs severely
underserve Hispanics.
``(3) Hispanic-serving institutions of higher education
have contributed significantly to providing equal educational
opportunities for Hispanic students, particularly students
from low-income and educationally disadvantaged families.
Hispanic-serving institutions serve a unique function within
the Nation's higher education community. While constituting
only 3 percent of the Nation's higher education institutions,
they served more than half of all Hispanic students enrolled
in postsecondary education.
``(4) Hispanic-serving institutions shoulder the burden of
providing high-quality educational opportunities for the
fastest growing segment of the Nation's population. This
population has the Nation's highest secondary school drop out
rate and an exceedingly low level of participation in Federal
higher education intervention programs such as Upward Bound.
It also has historically been subjected to educational,
economic, and political discrimination. Absent the existence
of these necessary and critical institutions, Hispanic
students would be less likely to have access to the benefits
of postsecondary education. However, many Hispanic-serving
institutions lack adequate institutional and financial
resources to fully meet the growing postsecondary educational
needs of this target population.
``(5) Providing financial assistance to eligible Hispanic-
serving institutions to enable them to strengthen their
institutional, academic, and fiscal resources, and to
increase their services for Hispanic and other low-income,
educationally disadvantaged students will increase the
institutions' viability and self-sufficiency and will enable
Hispanic-serving institutions to meet better the critical
21st century needs of the Nation.
``SEC. 332. PROGRAM AUTHORIZED.
``(a) In General.--The Secretary shall provide grants and
related assistance to Hispanic-serving institutions to enable
such institutions to improve and expand their capacity to
serve Hispanic students and other low-income individuals.
``(b) Authorized Activities.--
``(1) Types of activities authorized.--Grants awarded under
this section shall be used by Hispanic-serving institutions
of higher education to assist such institutions to plan,
develop, undertake, and carry out programs.
``(2) Examples of authorized activities.--Such programs may
include--
``(A) purchase, rental, or lease of scientific or
laboratory equipment for educational purposes, including
instructional and research purposes;
``(B) renovation and improvement in classroom, library,
laboratory, and other instructional facilities;
``(C) support of faculty exchanges, and faculty development
and faculty fellowships to assist in attaining advanced
degrees in their field of instruction;
``(D) curriculum development and academic instruction;
``(E) purchase of library books, periodicals, microfilm,
and other educational materials;
[[Page S2219]]
``(F) funds and administrative management, and acquisition
of equipment for use in strengthening funds management;
``(G) joint use of facilities such as laboratories and
libraries; and
``(H) academic tutoring and counseling programs and student
support services.
``SEC. 333. GRANTS FOR GRADUATE AND PROFESSIONAL PROGRAMS.
``(a) In General.--The Secretary shall provide grants and
related assistance to Hispanic-serving institutions with
graduate and professional programs to enable such
institutions to improve and expand graduate and professional
opportunities for Hispanic students and other students
underrepresented in graduate education.
``(b) Authorized Activities.--Grants awarded under this
section shall be used by Hispanic-serving institutions--
``(1) to recruit Hispanic students and other students
underrepresented in graduate education to enroll in graduate
and professional programs;
``(2) to provide stipends for such students;
``(3) to increase the capacity of the institution to serve
such students by increasing faculty or counselling services
for such students; or
``(4) to expand the number of Hispanic and other
underrepresented graduate and professional students that can
be served by the institution by expanding courses and
institutional resources.
``SEC. 334. APPLICATION PROCESS.
``(a) Institutional Eligibility.--Each Hispanic-serving
institution desiring to receive assistance under this part
shall submit to the Secretary such enrollment data as may be
necessary to demonstrate that the institution is a Hispanic-
serving institution as defined in section 336, along with
such other data and information as the Secretary may by
regulation require.
``(b) Applications.--Any institution which is determined by
the Secretary to be a Hispanic-serving institution (on the
basis of the data and information submitted under subsection
(a)) may submit an application for assistance under this part
to the Secretary. Such application shall include--
``(1) a 5-year plan for improving the assistance provided
by the Hispanic-serving institution to Hispanic students and
other low-income individuals; and
``(2) such other information and assurance as the Secretary
may require.
``(c) Priority.--With respect to applications for
assistance under section 332, the Secretary shall give
priority to applications that contain satisfactory evidence
that such institution has entered into or will enter into a
collaborative arrangement with at least one local educational
agency to provide such agency with assistance (from funds
other than funds provided under this part) in reducing
Hispanic dropout rates, improving Hispanic rates of academic
achievement, and increasing the rates at which Hispanic
secondary school graduates enroll in higher education.
``SEC. 335. SPECIAL RULE.
``No Hispanic-serving institution that is eligible for and
receives funds under this part may receive funds under part A
or B during the period for which funds under this part are
awarded.
``SEC. 336. DEFINITIONS.
``For purposes of this part:
``(1) Hispanic-serving institution.--The term `Hispanic-
serving institution' means an institution of higher education
which--
``(A) is an eligible institution under section 312(b);
``(B) at the time of application, has an enrollment of
undergraduate full-time equivalent students that is at least
25 percent Hispanic students; and
``(C) provides assurances that not less than 50 percent of
its Hispanic students are low-income individuals.
``(2) Low-income individual.--The term `low-income
individual' means an individual from a family whose taxable
income for the preceding year did not exceed 150 percent of
an amount equal to the poverty level determined by using
criteria of poverty established by the Bureau of the
Census.''.
(b) Authorization of Appropriations.--Section 368(a) (as
redesignated by subsection (a)(3)) (20 U.S.C. 1069f(a)) is
amended--
(1) in paragraph (1)--
(A) by striking ``(A)'' after ``Part a.--'';
(B) by striking ``(other than section 316)''; and
(C) by striking subparagraph (B);
(2) by redesignating paragraph (3) as paragraph (4);
(3) in paragraph (4) (as redesignated by paragraph (2))--
(A) by striking ``c.--'' and inserting ``e.--''; and
(B) by striking ``part C,'' and inserting ``part E,''; and
(4) by inserting after paragraph (2) the following:
``(3) Part c.--(A) There are authorized to be appropriated
to carry out part C (other than section 332), $80,000,000 for
fiscal year 1999, and such sums as may be necessary for each
of the 4 succeeding fiscal years.
``(B) There are authorized to be appropriated to carry out
section 332, $20,000,000 for fiscal year 1999, and such sums
as may be necessary for each of the 4 succeeding fiscal
years.''.
SEC. 3. AMERICAN INDIAN TRIBAL COLLEGES AND UNIVERSITIES.
(a) Amendment.--Title III (20 U.S.C. 1051 et seq.) is
amended by inserting after part C (as added by section
2(a)(5)) the following:
``PART D--STRENGTHENING AMERICAN INDIAN TRIBAL COLLEGES AND
UNIVERSITIES
``SEC. 351. FINDINGS AND PURPOSE.
``(a) Findings.--Congress makes the following findings:
``(1) Indian tribes are domestic dependent nations, which
exercise inherent sovereign authority over their members and
territories, and as governments, Indian tribes have the
authority to administer educational institutions.
``(2) Historically, the education system in the United
States has encouraged American Indian and Alaska Native
students to forgo their Native language and culture in favor
of Western language and culture, and those educational
practices have been damaging to Indian students and their
communities.
``(3) In general, American Indian and Alaska Native youth
have a lower economic status than students in the Nation as a
whole, and roughly twice as many American Indian and Alaska
Native youth live below the poverty line as compared to youth
in the general population.
``(4) In general, American Indian and Alaska Native youth
have a lower educational attainment level than youth in the
Nation as a whole, and only 8.9 percent of American Indian
and Alaska Native students earn 4-year bachelor's degrees or
higher academic degrees compared to 20.3 percent of the
students in the Nation as a whole.
``(5) Tribal Colleges or Universities have been established
by tribal governments to make postsecondary educational
opportunities available in American Indian communities,
including general equivalency diplomas (GED's), remedial
instruction, and academic, vocational, and technical programs
similar to those offered by public and private colleges and
universities.
``(6) In addition, Tribal Colleges or Universities fulfill
unique and vitally important missions of preserving,
recording, teaching, and fostering Native languages and
cultures.
``(7) Tribal Colleges or Universities are well suited to
serve American Indian communities because Tribal Colleges or
Universities are physically located in the communities that
they serve and are attuned to Native languages and cultures.
``(8) Tribal Colleges or Universities have been hampered by
a lack of adequate and stable funding resources because,
unlike State land-grant institutions, Tribal Colleges or
Universities do not have large resource bases to draw on, and
Tribal Colleges or Universities generally do not receive
State funding. This lack of funding seriously threatens the
continued viability of some of these institutions.
``(9) Based on the United States unique trust
responsibility to American Indians, financial assistance to
establish, support, and strengthen the physical plants,
financial management, academic resources, and endowments of
the Tribal Colleges or Universities is appropriate to enhance
these institutions and to expand the capacity of these
institutions to serve American Indian students.
``(b) Purpose.--It is the purpose of this part to improve
the academic quality, technological capacity, instructional
management, and fiscal stability of eligible Tribal Colleges
or Universities in order to strengthen the ability of Tribal
Colleges or Universities to make a substantial contribution
to the higher education resources of the Nation.
``SEC. 352. DEFINITIONS.
``For the purposes of this part--
``(1) the term `Indian' means a person who is a member of
an Indian tribe;
``(2) the term `Indian tribe' means any Indian or Alaska
native tribe, band, nation, pueblo, village, or community
that is recognized as eligible for the special programs and
services provided by the United States to Indians because of
their status as Indians;
``(3) the term `Tribal College or University' means an
institution of higher education which is formally controlled,
or has been formally sanctioned, or chartered, by the
governing body of an Indian tribe or tribes, or which meets
the criteria for eligibility set forth in section 354(a); and
``(4) the term `institution of higher education' means an
institution of higher education as defined by section
1201(a), except that clause paragraph (2) of such section
shall not be applicable.
``SEC. 353. GRANTS TO INSTITUTIONS; GENERAL AUTHORIZATION AND
USE OF FUNDS.
``(a) Grants.--From the amounts made available under
section 368(a)(4) for any fiscal year, the Secretary shall
make grants, to Tribal Colleges or Universities that meet the
requirements of subsection (a) of section 354 and have
applications approved by the Secretary, to carry out the
activity described in subsection (b).
``(b) Authorized Activities.--
``(1) In general.--Grant funds under this section may be
used for any of the following purposes:
``(A) Purchase, rental, or lease of scientific or
laboratory equipment for educational purposes, including
instructional and research purposes.
``(B) Construction, maintenance, renovation, and
improvement in classroom, library, laboratory, and other
instructional facilities, including purchase or rental of
telecommunications technology equipment or services.
``(C) Support of faculty exchanges, faculty development,
and faculty fellowships to assist faculty in attaining
advanced degrees in their field of instruction.
[[Page S2220]]
``(D) Academic instruction in disciplines in which American
Indians are underrepresented.
``(E) Purchase of library books, periodicals, and other
educational materials, including telecommunications program
material.
``(F) Tutoring, counseling, and student service programs
designed to improve academic success.
``(G) Funds management, administrative management, and
acquisition of equipment for use in strengthening funds
management.
``(H) Joint use of facilities, such as laboratories and
libraries.
``(I) Establishing or improving a development office to
strengthen or improve contributions from alumni and the
private sector.
``(J) Establishing or enhancing a program of teacher
education designed to qualify students to teach in elementary
or secondary schools, with a particular emphasis on teaching
American Indian children and youth, that shall include, as
part of such program, preparation for teacher certification.
``(K) Establishing community outreach programs which will
encourage American Indian elementary school and secondary
school students to develop the academic skills and the
interest to pursue postsecondary education.
``(L) Investing in the technological improvement of the
Tribal College or University's administration of funds made
available to students under title IV.
``(M) Other activities proposed in the application
submitted pursuant to section 354 that are approved by the
Secretary as part of the review and acceptance of such
application.
``(2) Endowment fund.--
``(A) In general.--A Tribal College or University may use
not more than 20 percent of the grant funds provided under
this part to establish or increase an endowment fund at the
institution.
``(B) Matching requirement.--In order to be eligible to use
grant funds in accordance with subparagraph (A), the Tribal
College or University shall provide matching funds from non-
Federal sources, in an amount equal to not less than 50
percent of the Federal funds used in accordance with
paragraph (1), for the establishment or increase of the
endowment fund.
``(c) Priority.--In awarding grants under this section, the
Secretary shall give priority to a Tribal College or
University that proposes to carry out a program that
strengthens the technological capabilities of institutions,
as determined by the Secretary.
``(d) Planning Grants.--The Secretary may award a grant
under this part to a Tribal College or University for a
period of 1 year for the purpose of preparing a technological
needs assessment, a plan, and an application for a grant
under this section.
``SEC. 354. ELIGIBILITY AND APPLICATIONS.
``(a) Eligibility.--To be eligible to receive assistance
under this part, an institution shall meet the following
criteria:
``(1) Institution.--An institution shall--
``(A) receive assistance under the Tribally Controlled
Community College Assistance Act of 1978;
``(B) receive assistance under part H of title III of the
Carl D. Perkins Vocational and Applied Technology Education
Act;
``(C) receive assistance under the Act of November 2, 1921
(commonly known as the `Snyder Act') (42 Stat. 208, chapter
115; 25 U.S.C. 13);
``(D) receive assistance under the American Indian, Alaska
Native, and Native Hawaiian Culture and Art Development Act;
or
``(E) receive funding under the Equity in Educational Land
Grant Status Act of 1994.
``(2) Accreditation.--An institution that is accredited by
a nationally recognized accrediting agency or association
determined by the Secretary to be a reliable authority for
the quality of training offered, or is, according to such an
agency or association, making reasonable progress toward
accreditation.
``(b) Application.--Any institution desiring to receive
assistance under this part shall submit an application to the
Secretary at such time and in such manner as the Secretary
may by regulation reasonably require. Each such application
shall include--
``(1) a 5-year plan for improving the assistance provided
by the Tribal College or University to Indian students,
increasing the rates at which Indian secondary school
students enroll in higher education, and increasing overall
postsecondary retention rates for Indian students; and
``(2) measurable goals for the institution's proposed
activities, including a plan for how the institution intends
to achieve the goals.
``(c) Special Rule.--For the purposes of this part, a
Tribal College or University that is eligible for and
receives funds under this part shall not receive funds under
part A during the period for which the funds under this part
are awarded.''.
(b) Conforming Amendments.--Part F (as redesignated by
section 2(a)(1)) (20 U.S.C. 1066 et seq.) is amended--
(1) in section 361(b)(1) (as redesignated by section
2(a)(3)) (20 U.S.C. 1066(b)(1)), by striking ``part C)'' and
inserting ``part E)'';
(2) in section 361(b)(6) (as redesignated by section
2(a)(3)) (20 U.S.C. 1066(b)(6)), by striking ``section 357''
and inserting ``section 366, except that for purposes of part
D, paragraphs (2) and (3) of such section shall not apply'';
(3) in section 362 (as redesignated by section 2(a)(3)) (20
U.S.C. 1067), by striking ``part A'' each place the term
appears and inserting ``part A, C, or D'';
(4) in section 363(a)(2) (as redesignated by section
2(a)(3)) (20 U.S.C. 1068(a)(2)), by striking ``Native
American colleges and universities'' and inserting ``American
Indian Tribal Colleges and Universities'';
(5) in section 363(a)(3)(A) (as redesignated by section
2(a)(3)) (20 U.S.C. 1068(a)(3)(A)), by inserting after
``special consideration for grants awarded under part B'' the
following: ``, and of the types of activities referred to in
section 353 that should receive special consideration for
grants awarded under parts C and D'';
(6) in section 365(a) (as redesignated by section 2(a)(3))
(20 U.S.C. 1069b(a)), by inserting ``, C, or D'' after
``institution eligible under part B'';
(7) in section 366 (as redesignated by section 2(a)(3)) (20
U.S.C. 1069c)--
(A) by striking ``The funds'' and inserting ``(a) In
General.--''; and
(B) by adding at the end the following new subsection:
``(b) Exception.--For purposes of part D of this title,
paragraphs (2) and (3) of subsection (a) shall not apply.'';
(8) in section 368(a) (as redesignated by section 2(a)(3))
(20 U.S.C. 1069f(a)), by inserting after paragraph (3) (as
added by section 2(b)(4)) the following:
``(4) Part d.--There are authorized to be appropriated to
carry out part D, $50,000,000 for fiscal year 1999 and such
sums as may be necessary for each of the four succeeding
fiscal years.''; and
(9) in section 368(e) (as redesignated by section 2(a)(3))
(20 U.S.C. 1069f(e))--
(A) by striking ``(3)'' and inserting ``(4)'';
(B) by striking ``part C'' and inserting ``part E''; and
(C) by striking ``section 331'' and inserting ``section
341''.
____________________