[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''.

                          ____________________