[Congressional Record Volume 149, Number 74 (Monday, May 19, 2003)]
[Senate]
[Pages S6626-S6632]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. HAGEL (for himself, Mr. McCain, and Mr. Kerry):
  S. 1076. A bill to authorize construction of an education center at 
or near the Vietnam Veterans Memorial; to the Committee on Energy and 
Natural Resources.
  Mr. HAGEL. Mr. President, I rise today to introduce the Vietnam 
Veterans Memorial Education Center Bill. I am joined by my colleagues 
and fellow Vietnam veterans, Senators McCain and Kerry, in sponsoring 
this bill that would authorize the construction of an Education Center 
near the site of the Vietnam Veterans Memorial.
  Twenty-one years ago, the Vietnam Veterans Memorial was built as a 
permanent testament to the sacrifice of over 58,000 veterans who died 
during the Vietnam War. It is a place of remembrance for Vietnam 
veterans and their families.
  As the Vietnam War draws further into America's past, it is important 
for future generations to remember the sacrifices of those who gave 
their lives in Vietnam, and to understand the lessons learned in 
Vietnam.
  Most visitors to the Wall today were not alive during the Vietnam 
War. The Education Center would serve as an access point for the next 
generation. By collecting historic documents, artifacts and the 
testimony of Vietnam veterans, the Education Center would provide 
visitors with a better understanding of the Memorial.
  The Memorial was designed to accommodate expansion. Over the last two 
decades, the Wall's reach has extended; names of fallen soldiers have 
been added to the black granite. Building the Education Center 
underground would expand the memorial in a new direction--one that does 
not distract from the natural beauty of the Mall.
  The names on the Wall must never become simple, empty etchings. Their 
individual and collective power must remain connected to the real human 
sacrifices of war. The Education Center would help preserve this bond. 
It would affirm the meaning of the Wall, not just as an acknowledgment 
of a war or a date to be remembered, but as a living memorial with 
lessons to offer those who come to learn.
  Many educators, veterans, lawmakers and organizations have voiced 
strong support for the proposed Education Center. Like the Wall, the 
Center would be funded entirely by private donations--evidence of its 
broad-based public support. There would be no tax payer money involved 
in building the Center.
  Building an Education Center at the Vietnam Veterans Memorial would 
affirm the belief that we can inspire peace by educating our young 
people about the consequences of war. For there is no stronger advocate 
for peace than one who knows war.

[[Page S6627]]

  I am proud to sponsor this bill authorizing the construction of the 
Vietnam Veterans Memorial Education Center. I ask my colleagues to join 
me and Senators Kerry and McCain in support of this effort.
  Mr. KERRY. Mr. President, the Vietnam Veterans Memorial is a special 
place on the national mall. Its design has proven moving to millions of 
visitors, offering a place of reflection, remembrance, and healing.
  Despite the ``Wall's'' success in honoring those who fell in Vietnam, 
the memorial lacks an appropriate visitors center, a place where the 
broader story of America's involvement in Vietnam can be told. The 
legislation we introduce today would authorize the construction of such 
a center to provide information on the memorial, and to perform 
appropriate educational and interpretive activities relating to the 
memorial.
  A Visitor's Center at the Vietnam Memorial is important, because the 
Vietnam War and the men and women who fought it are important. A 
Visitor's Center can provide a lasting gift of knowledge and 
understanding to those who visit the memorial, including students--for 
whom Vietnam is a passage in their history books--and their parents--
for whom the memories of Vietnam remain immediate.
  Adding a new structure to the national mall is not something we 
should do without consideration of the impact such an action will have 
on the open space we so cherish there. This legislation, however, 
specifies that the Visitor's Center be designed with those concerns in 
mind--and in fact we expect the structure to be built under-ground. In 
addition, the design, construction, and operation of this center will 
be borne by the Vietnam Veterans Memorial Fund. In this legislation, we 
seek only to authorize their work--not pay for it.
  Vietnam left its imprint on a generation. It remains a touchstone of 
the American experience in the twentieth century. A Visitors Center at 
the Vietnam Veterans Memorial will help educate a new generation about 
the heros who served their country in the Vietnam War, and I am 
delighted to introduce this legislation with my fellow Vietnam 
veterans, Senator Hagel and Senator McCain.
                                 ______
                                 
      By Mr. SPECTER (for himself and Mr. Santorum):
  S. 1077. A bill to direct the Secretary of Veterans' Affairs to 
establish a national cemetery for veterans in southeastern 
Pennsylvania; to the Committee on Veterans' Affairs.
  Mr. SPECTER. Mr. President, I am introducing legislation today to 
direct the Department of Veterans Affairs, VA, to construct a national 
cemetery in southeastern Pennsylvania. In order to facilitate the 
construction of a cemetery, as mandated, this bill would also require 
VA to consult with Federal State, and local government entities, and 
with Pennsylvania's veterans' service organizations, to locate land for 
a new cemetery in the Philadelphia area--a process of stakeholder 
collaboration that worked well to identify a site for a cemetery in 
southwestern Pennsylvania that is currently under construction--and 
require VA to report, no later than six months after enactment, on the 
status of its efforts to construct the cemetery.
  It is clear to a number of observers--including, as I will discuss in 
a moment, the Secretary of Veterans Affairs--that Southeastern 
Pennsylvania needs a national cemetery. The Philadelphia area has one 
of the largest veterans' populations in the Nation, currently estimated 
at over 350,000. The fact that Pennsylvania has the second oldest 
veterans' population in the country makes the need for a new cemetery 
particularly acute. Yet the closest existing VA cemetery--the 
Philadelphia National Cemetery--has been closed to in-ground, casket 
burials since 1962 and, by 2005, will even lose the capacity to inurn 
or inter cremated remains, leaving area veterans with only one 
alternative: burial at Indiantown Gap National Cemetery, as a site as 
much as two hours removed, by car, from their loved ones' homes. This 
is not acceptable.
  The VA is currently reassessing its needs for cemetery construction 
nationwide, and I have every expectation that VA will conclude that the 
Philadelphia area is a site that should be at, or near, the top if its 
listing of priorities. I draw this expectation from a statement made by 
VA Secretary Anthony J. Principi who testified at a hearing before the 
Senate Committee on Veterans' Affairs, which I chair, on February 26, 
2003, that ``there is clearly a need'' for a national cemetery in the 
Philadelphia area. He stated further ``that a national cemetery is 
necessary in that area to meet the interment needs of the veterans of 
Pennsylvania.'' Why, then, the need for legislation? This legislation 
is needed to assure that the Secretary's personal commitment becomes VA 
policy.
  VA has compiled a list of areas where national cemeteries will be 
built over the next 20 years using a methodology which I, and the 
entire southeastern Pennsylvania delegation in Congress, believe is 
seriously flawed. The first flaw of VA's methodology is its assumption 
that a locality has a ``need'' for a cemetery if a veterans' population 
of more than 170,000 resides more than 75 miles from an open State or 
national cemetery. This assumption gives no consideration to the fact 
that heavily-congested areas, like southeastern Pennsylvania, may have 
thousands, or even ten of thousands, of veterans residing just under 75 
miles from the nearest cemetery. The second flaw of VA's methodology is 
its assumption that veterans are adequately provided a burial option if 
a national cemetery is close proximity offers the option of inurning or 
interring cremated remains. For many reasons, cremation is not an 
option. Indeed, while cremation is growing in popularity, it is not yet 
the preferred burial method among most Americans.
  The entire southeastern Pennsylvania delegation to Congress has 
expressed these objections to Secretary Principi by a letter dated July 
26, 2002, which I ask be printed in the Record. It is these 
objectionable VA policy impediments which cause me to introduce this 
bill despite Secretary Principi's statements of agreement on the need 
for a Philadelphia area cemetery. I hope--and I expect--that the 
mandate of this legislation will not need to be triggered, though I do 
anticipate that the consultation procedures specified in my bill will, 
in any case, be useful in identifying a proper site for a Philadelphia 
area cemetery.
  One final note on the issue of proper siting of a cemetery. During 
the 107th Congress, I introduced a bill, S. 618, that would have 
designate lands within the boundaries of Valley Forge National Park as 
a national cemetery. In a development that was surprising to me, some 
argued that Valley Forge lands would be an inappropriate resting place 
for veterans. I believed then--and I believe now--that the sensitive 
designation of Valley Forge lands in areas, for example, north of the 
Schuylkill River that were not encampments for Washington's Army, would 
be entirely appropriate. In any case, the legislation I have introduced 
today would allow for--but not compel--the location of a national 
cemetery in Valley Forge.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:


                                Congress of the United States,

                                    Washington, DC, July 26, 2002.
     Hon. Anthony J. Principi,
     Secretary of Veterans Affairs,
     Washington DC.
       Dear Mr. Secretary: We recently received volume one of VA's 
     contractor-prepared ``Study on Improvements to Veterans 
     Cemeteries,'' a publication designed to guide VA and the 
     Congress in identifying where national cemeteries should be 
     constructed over the next 20 years. We understand that you 
     have directed that National Cemetery Administration 
     construction planning be guided by the study's underlying 
     assumption that locales with an ``unserved'' veterans' 
     population of 170,000 or more be given priority. The use of 
     that assumption, it appears to us, might leave Philadelphia 
     out of VA's plans. By this letter, we seek to point out flaws 
     in the study, and to inform you of the unique circumstances 
     in which Philadelphia veterans find themselves. We also seek 
     to show you why exclusion of Philadelphia from national 
     cemetery construction planning would be a mistake.
       The study concludes--we think erroneously--that the need 
     for cemetery space in the Philadelphia area is not imminent. 
     It bases this conclusion on the observation that, until 2010, 
     space will be available in two Philadelphia-area veterans 
     cemeteries for the interment or inurnment of cremated 
     remains. We understand that cremation is

[[Page S6628]]

     increasingly popular. But traditional, in-ground burial 
     remains the preferred option--and it is an option that 
     Philadelphia-area veterans do not now have. Moreover, 
     Philadelphia has large Roman Catholic and Jewish populations 
     whose respective faiths, at minimum, strongly encourage 
     traditional burials. To state that Philadelphia-area veterans 
     are now served by a burial option due to availability of 
     cremation services is to disregard the preferences of most 
     veterans--and the religious guidance respected by many 
     veterans.
       The study also underestimates the size of the Philadelphia-
     area population which is, in fact, ``unserved.'' It adopts 
     the assumption that those who live within 75 miles of an open 
     national cemetery--in this case, the Indiantown Gap National 
     Cemetery--are ``served'' without taking into account local 
     circumstances. While it may be true that some portions of 
     Phildelphia--though not the Center City--are within 75 miles 
     of Indiantown Gap, anyone who has driven from the Center City 
     though the sprawl west of Philadelphia will tell you that the 
     distance, in practical terms, far exceeds a ``normal'' 75 
     mile drive. More fundamentally, while it may be true (as VA's 
     contractor concludes) that ``only'' 152,000 Philadelphia-area 
     veterans will be outside that 75 mile radius in 2010, over 
     173,000 veterans are outside that radius now--an it is those 
     21,000 veterans who Philadelphia will ``lose'' who will need 
     to be buried. Further, given the fact that the five PA 
     counties that comprise metropolitan Philadelphia alone 
     contain over 340,000 veterans, you will not be surprised to 
     learn that the number of currently ``unserved'' Philadelphia-
     area veterans swells to almost 290,000 if one measures by 
     reference to a 65 mile radius from Indiantown Gap. And it is 
     wholly reasonable to assume that had a radius of 73 or 74 
     miles from Indiantown Gap been adopted as the reference line, 
     Philadelphia would have made the arbitrary ``170,000-
     veterans-in-2010'' cut.
       We recognize that VA must have some standard by which to 
     measure the need for national cemeteries. But we also believe 
     that a rigid-based standard is inherently arbitrary if local 
     circumstances and population patterns are not taken into 
     account by the decision maker. We who know you understand 
     that you do not inflexibly place form over substance when it 
     would yield an absurd result. We ask that in assessing the 
     need for national cemetery space, you maintain a degree of 
     flexibility. If you do, we trust that you will conclude that, 
     whatever the merits of the VA contractor's methodology, 
     Philadelphia needs a new national cemetery.
           Sincerely,
         Joe Hoeffel, Chaka Fattah, Rob A. Brady, Tim Holden, 
           James Greenwood, Pat Toomey, Arlen Specter, Joseph R. 
           Pitts, Curt Weldon, John P. Murtha, Robert A. Borski, 
           Rick Santorum.

                                S. 1077

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

     SECTION 1. ESTABLISHMENT OF NATIONAL CEMETERY IN SOUTHEASTERN 
                   PENNSYLVANIA.

       (a) In General.--The Secretary of Veterans Affairs shall 
     establish, in accordance with chapter 24 of title 38, United 
     States Code, a national cemetery in southeastern Pennsylvania 
     to serve the needs of veterans and their families.
       (b) Consultation in Selection of Site.--Before selecting 
     the site for the national cemetery established under 
     subsection (a), the Secretary shall consult with--
       (1) appropriate officials of the State of Pennsylvania and 
     local officials of southeastern Pennsylvania,
       (2) appropriate officials of the United States, including 
     the Administrator of General Services, with respect to land 
     belonging to the United States in that area that would be 
     suitable for the purpose of establishing the national 
     cemetery under subsection (a); and
       (3) representatives of veterans service organizations.
       (c) Report.--Not later than six months after the date of 
     the enactment of this Act, the Secretary shall submit to 
     Congress a report on the establishment of the national 
     cemetery under subsection (a). The report shall set forth a 
     schedule for the establishment of such cemetery and an 
     estimate of the costs associated with the establishment of 
     such cemetery.
                                 ______
                                 
      By Ms. LANDRIEU:
  S. 1078. A bill to provide for military charters between military 
installations and local school districts, to provide credit enhancement 
initiatives to promote military charter school facility acquisition, 
construction, and renovation, and for other purposes; to the Committee 
on Health, Education, Labor, and Pensions.
  Ms. LANDRIEU. 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. 1078

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

TITLE I--STABLE TRANSITIONS IN EDUCATION FOR ARMED SERVICES' DEPENDENT 
                                 YOUTH

     SEC. 101. SHORT TITLE.

       This title may be cited as the ``Stable Transitions in 
     Education for Armed Services' Dependent Youth Act''.

     SEC. 102. FINDINGS.

       Congress finds that--
       (1) States are establishing new and higher academic 
     standards for students in kindergarten through grade 12;
       (2) no Federal funding streams are specifically designed to 
     help States and school districts with the costs of providing 
     military or mobile students who are struggling academically, 
     with the extended learning time and accelerated curricula 
     that the students need to meet high academic standards;
       (3) forty-eight States now require State accountability 
     tests to determine student grade-level performance and 
     progress;
       (4) nineteen States currently rate the performance of all 
     schools or identify low-performing schools through State 
     accountability tests;
       (5) sixteen States now have the power to close, take over, 
     or overhaul chronically failing schools on the basis of those 
     tests;
       (6) fourteen States provide high-performing schools with 
     monetary rewards on the basis of those tests;
       (7) nineteen States currently require students to pass 
     State accountability tests to graduate from secondary school;
       (8) six States currently link student promotion to results 
     on State accountability tests;
       (9) thirty-seven States have a process in place that allows 
     charters to be a useful tool to bridge the gap created by 
     frequent school changes;
       (10) excessive percentages of students are not meeting 
     their State standards and are failing to perform at high 
     levels on State accountability tests; and
       (11) among mobile students, a common thread is that school 
     transcripts are not easily transferred and credits are not 
     accepted between public school districts in the United 
     States.

     SEC. 103. PURPOSE.

       The purpose of this title is to provide Federal support 
     through a new demonstration program to States and local 
     educational agencies, to enable the States and local 
     educational agencies to develop models for high quality 
     military charter schools that are specifically designed to 
     help mobile military dependent students attending public 
     school make a smooth transition from one school district to 
     another, even across State lines, and achieve a symbiotic 
     relationship between military installations and these school 
     districts.

     SEC. 104. DEFINITIONS.

       In this title:
       (1) Elementary school; secondary school; local educational 
     agency; state educational agency.--The terms ``elementary 
     school'', ``secondary school'', ``local educational agency'', 
     and ``State educational agency'' have the meanings given such 
     terms in section 9101 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7801).
       (2) Military installation.--The term ``military 
     installation'' has the meaning given such term in section 
     2687(e)(1) of title 10, United States Code.
       (3) Military dependent student.--The term ``military 
     dependent student'' means an elementary school or secondary 
     school student who has a parent who is a member of the Armed 
     Forces, including a member of a reserve component of the 
     Armed Forces, without regard to whether the member is on 
     active duty or full-time National Guard duty (as defined in 
     section 101(d) of title 10, United States Code).
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Defense.
       (5) Student.--The term ``student'' means an elementary 
     school or secondary school student.

     SEC. 105. GRANTS TO STATES.

       (a) Grants Authorized.--
       (1) In general.--From amounts appropriated under section 
     110, the Secretary, in consultation with the Secretary of 
     Education, shall establish a demonstration program through 
     which the Secretary shall make grants to State educational 
     agencies, on a competitive basis, to enable the State 
     educational agencies to assist local educational agencies in 
     establishing and maintaining high quality military charter 
     schools.
       (2) Distribution rule.--In awarding grants under this title 
     the Secretary shall ensure that such grants serve not more 
     than 10 States and not more than 35 local educational 
     agencies with differing demographics.
       (3) Special local rule.--
       (A) Nonparticipating state.--If a State chooses not to 
     participate in the demonstration program assisted under this 
     title or does not have an application approved under 
     subsection (c), then the Secretary may award a grant directly 
     to a local educational agency in the State to assist the 
     local educational agency in carrying out high quality 
     military charter schools.
       (B) Local educational agency application.--To be eligible 
     to receive a grant under this paragraph, a local educational 
     agency shall submit an application to the Secretary at such 
     time, in such manner, and containing such information as the 
     Secretary may require.
       (C) Regulations.--The Secretary shall promulgate such 
     regulations as the Secretary determines necessary to carry 
     out this paragraph.

[[Page S6629]]

       (b) Eligibility and Selection.--
       (1) Eligibility.--For a State educational agency to be 
     eligible to receive a grant under subsection (a), the State 
     served by the State educational agency shall--
       (A) have in effect all standards and assessments required 
     under section 1111 of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 6311);
       (B) compile and annually distribute to parents a public 
     school report card that, at a minimum, includes information 
     on student and school performance for each of the assessments 
     required under section 1111 of the Elementary and Secondary 
     Education Act of 1965;
       (C) require each military charter school assisted under 
     this title to be an independent public school;
       (D) require each military charter school assisted under 
     this title to operate under an initial 5-year charter granted 
     by a State charter authority, with specified check points and 
     renewal, as required by State law; and
       (E) require each military charter school assisted under 
     this title to participate in the State's testing program.
       (2) Selection.--In selecting State educational agencies to 
     receive grants under this section, the Secretary shall make 
     the selections in a manner consistent with the purpose of 
     this title.
       (c) Application.--
       (1) In general.--To be eligible to receive a grant under 
     this section, a State educational agency shall submit an 
     application to the Secretary at such time, in such manner, 
     and containing such information as the Secretary may require.
       (2) Contents.--Such application shall include--
       (A) information describing specific measurable goals and 
     objectives to be achieved in the State through the military 
     charter schools carried out under this title, which may 
     include specific measurable annual educational goals and 
     objectives relating to--
       (i) increased student academic achievement;
       (ii) decreased student dropout rates;
       (iii) governance, parental involvement plans, and 
     disciplinary policies;
       (iv) a military charter school admissions policy that 
     requires a minimum of 60 percent military dependent 
     elementary school or secondary school students, and a maximum 
     of 80 percent of military dependent students, except where 
     such percentages are impossible to maintain because of the 
     demographics of the area around the military installation;
       (v) liability and other insurance coverage, business and 
     accounting practices, and the procedures and methods employed 
     by the chartering authority in monitoring the school; and
       (vi) such other factors as the State educational agency may 
     choose to measure; and
       (B) information on criteria, established or adopted by the 
     State, that--
       (i) the State will use to select local educational agencies 
     for participation in the military charter schools carried out 
     under this title; and
       (ii) at a minimum, will assure that grants provided under 
     this title are provided to--

       (I) the local educational agencies in the State that are 
     sympathetic to, and take actions to ease the transition 
     burden upon, such local educational agencies' military 
     dependent students;
       (II) the local educational agencies in the State that have 
     the highest percentage of military dependent students 
     impacting the local school system or not meeting basic or 
     minimum required standards for State assessments required 
     under section 1111 of the Elementary and Secondary Education 
     Act of 1965; and
       (III) an assortment of local educational agencies serving 
     urban, suburban, and rural areas, and impacted by a local 
     military installation.

     SEC. 106. GRANTS TO LOCAL EDUCATIONAL AGENCIES.

       (a) In General.--
       (1) First year.--Except as provided in paragraph (3), for 
     the first year that a State educational agency receives a 
     grant under this title, the State educational agency shall 
     use the funds made available through the grant to make grants 
     to eligible local educational agencies in the State to pay 
     for the Federal share of the cost of planning for or carrying 
     out the military charter school programs.
       (2) Succeeding years.--Except as provided in paragraph (3), 
     for the second and third year that a State educational agency 
     receives a grant under this title, the State educational 
     agency shall use the funds made available through the grant 
     to make grants to eligible local educational agencies in the 
     State to pay for the Federal share of the cost of carrying 
     out the military charter school programs.
       (3) Technical assistance and planning assistance.--The 
     State educational agency may use not more than 5 percent of 
     the grant funds received under this title for a fiscal year--
       (A) to provide to the local educational agencies technical 
     assistance that is aligned with the curriculum of the local 
     educational agencies for the programs;
       (B) to enable the local educational agencies to obtain such 
     technical assistance from entities other than the State 
     educational agency that have demonstrated success in using 
     the curriculum; and
       (C) to assist the local educational agencies in evaluating 
     activities carried out under this title.
       (b) Application.--
       (1) In general.--To be eligible to receive a grant under 
     this section, a local educational agency shall submit an 
     application to the State educational agency at such time, in 
     such manner, and containing such information as the Secretary 
     or the State educational agency may require.
       (2) Contents.--Each such application shall include, to the 
     greatest extent practicable--
       (A) information that--
       (i) demonstrates that the local educational agency will 
     carry out a military charter school program funded under this 
     section--

       (I) that provides intensive high quality programs that are 
     aligned with challenging State content and student 
     performance standards, and that is focused on reinforcing and 
     boosting the core academic skills and knowledge of students 
     who are struggling academically, as determined by the State;
       (II) that focuses on accelerated learning, rather than 
     remediation, so that students served through the program will 
     master the high level skills and knowledge needed to meet the 
     highest State standards or to perform at high levels on all 
     State assessments required under section 1111 of the 
     Elementary and Secondary Education Act of 1965;
       (III) that is based on, and incorporates best practices 
     relating to the charter schools including practices relating 
     to the ``academic passport'' concept, which would ease 
     transitions for mobile students;
       (IV) that has a proposed curriculum that is directly 
     aligned with State student performance standards, and which 
     may incorporate a curriculum from the Department of Defense 
     Education Activity;
       (V) for which only teachers who are certified and licensed, 
     and are otherwise fully qualified teachers, provide academic 
     instruction to students enrolled in the program;
       (VI) that offers to staff in the program professional 
     development and technical assistance that are aligned with 
     the approved curriculum for the program; and
       (VII) that incorporates a parental involvement component 
     that seeks to involve parents in the program's topics and 
     students' daily activities; and

       (ii) may include--

       (I) the proposed curriculum for the military charter school 
     program;
       (II) the local educational agency's plan for recruiting 
     highly qualified and highly effective teachers (including 
     encouraging members of the Reserves and Guard who possess all 
     required qualifications to serve as teachers) to participate 
     in the program; and
       (III) a schedule for the program that indicates that the 
     program is of sufficient duration and intensity to achieve 
     the State's goals and objectives described in section 
     105(c)(2)(A);

       (B) an outline indicating how the local educational agency 
     will utilize applicable Federal, State, local, or public 
     funds, other than funds made available through the grant, to 
     support the program;
       (C) an explanation of how the local educational agency will 
     ensure that the instruction provided through the program will 
     be provided by qualified teachers;
       (D) an explanation of the types of intensive training or 
     professional development, aligned with the curriculum of the 
     program, that will be provided for staff of the program;
       (E) an explanation of the facilities to be used for the 
     program;
       (F) an explanation regarding the duration of the periods of 
     time that students and teachers in the program will have 
     contact for instructional purposes (such as the hours per day 
     and days per week of that contact, and the total length of 
     the program);
       (G) an explanation of the proposed student-to-teacher ratio 
     for the program, analyzed by grade level;
       (H) an explanation of the grade levels that will be served 
     by the program;
       (I) an explanation of the approximate cost per student for 
     the program;
       (J) an explanation of the salary costs for teachers in the 
     program;
       (K) a description of a method for evaluating the 
     effectiveness of the program at the local level;
       (L) information describing specific measurable goals and 
     objectives, for each academic subject in which the program 
     will provide instruction, that are consistent with, or more 
     rigorous than, the adequate yearly progress goals established 
     by the State under section 1111 of the Elementary and 
     Secondary Education Act of 1965;
       (M) a description of how the local educational agency will 
     involve parents and the community in the program in order to 
     raise academic achievement;
       (N) a description of how the local educational agency will 
     acquire any needed technical assistance that is aligned with 
     the curriculum of the local educational agency for the 
     program, from the State educational agency or other entities 
     with demonstrated success in using the curriculum; and
       (O) a statement of a clearly defined goal for providing 
     counseling and other transition burden relief for military 
     dependent children.
       (c) Priority.--In making grants under this section, the 
     State educational agency shall give priority to local 
     educational agencies that demonstrate a high level of need 
     for the military charter school programs.
       (d) Federal Share.--

[[Page S6630]]

       (1) In general.--The Federal share of the cost described in 
     subsection (a) is 50 percent.
       (2) Non-federal share.--The non-Federal share of the cost 
     may be provided in cash or in kind, fairly evaluated, 
     including plant, equipment, or services.

     SEC. 107. SUPPLEMENT NOT SUPPLANT.

       Funds appropriated pursuant to the authority of this title 
     shall be used to supplement and not supplant other Federal, 
     State, local, or private funds expended to support military 
     charter school programs.

     SEC. 108. REPORTS.

       (a) State Reports.--Each State educational agency that 
     receives a grant under this title shall annually prepare and 
     submit to the Secretary a report. The report shall describe--
       (1) the method the State educational agency used to make 
     grants to eligible local educational agencies and to provide 
     assistance to schools under this title;
       (2) the specific measurable goals and objectives described 
     in section 105(c)(2)(A) for the State as a whole and the 
     extent to which the State met each of the goals and 
     objectives in the year preceding the submission of the 
     report;
       (3) the specific measurable goals and objectives described 
     in section 106(b)(2)(L) for each of the local educational 
     agencies receiving a grant under this title in the State and 
     the extent to which each of the agencies met each of the 
     goals and objectives in that preceding year;
       (4) the steps that the State educational agency will take 
     to ensure that any such local educational agency that did not 
     meet the goals and objectives in that year will meet the 
     goals and objectives in the year following the submission of 
     the report, or the plan that the State educational agency has 
     for revoking the grant awarded to such an agency and 
     redistributing the grant funds to existing or new military 
     charter school programs;
       (5) how eligible local educational agencies and schools 
     used funds provided by the State educational agency under 
     this title;
       (6) the degree to which progress has been made toward 
     meeting the goals and objectives described in section 
     105(c)(2)(A); and
       (7) best practices for the Secretary to share with 
     interested parties.
       (b) Report to Congress.--The Secretary shall annually 
     prepare and submit to Congress a report. The report shall 
     describe--
       (1) the methods the State educational agencies used to make 
     grants to eligible local educational agencies and to provide 
     assistance to schools under this title;
       (2) how eligible local educational agencies and schools 
     used funds provided under this title; and
       (3) the degree to which progress has been made toward 
     meeting the goals and objectives described in sections 
     105(c)(2)(A) and 106(b)(2)(L).
       (c) Government Accounting Office Report to Congress.--The 
     Comptroller General of the United States shall conduct a 
     study regarding the demonstration program carried out under 
     this title and the impact of the program on student 
     achievement. The Comptroller General shall prepare and submit 
     to Congress a report containing the results of the study.

     SEC. 109. ADMINISTRATION.

       (a) Federal.--The Secretary shall develop program 
     guidelines for and oversee the demonstration program carried 
     out under this title.
       (b) Local.--The commander of each military installation 
     served by a military charter school assisted under this title 
     shall establish a nonprofit corporation or an oversight group 
     to provide the applicable local educational agency with 
     oversight and guidance regarding the day-to-day operations of 
     the military charter school.

     SEC. 110. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to carry out this 
     title--
       (1) $5,000,000 for fiscal year 2004;
       (2) $7,000,000 for fiscal year 2005;
       (3) $9,000,000 for fiscal year 2006;
       (4) $11,000,000 for fiscal year 2007; and
       (5) $13,000,000 for fiscal year 2008.

     SEC. 111. TERMINATION.

       The authority provided by this title terminates 5 years 
     after the date of the enactment of this Act.

 TITLE II--CREDIT ENHANCEMENT INITIATIVES TO PROMOTE MILITARY CHARTER 
       SCHOOL FACILITY ACQUISITION, CONSTRUCTION, AND RENOVATION

     SEC. 201. CREDIT ENHANCEMENT INITIATIVES TO PROMOTE MILITARY 
                   CHARTER SCHOOL FACILITY ACQUISITION, 
                   CONSTRUCTION, AND RENOVATION.

       Title V of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 7201 et seq.) is amended by adding at the end 
     the following:

 ``PART E--CREDIT ENHANCEMENT INITIATIVES TO PROMOTE MILITARY CHARTER 
       SCHOOL FACILITY ACQUISITION, CONSTRUCTION, AND RENOVATION.

     ``SEC. 5701. PURPOSE.

       ``The purpose of this part is to provide grants to eligible 
     entities to permit the eligible entities to establish or 
     improve innovative credit enhancement initiatives that assist 
     military charter schools to address the cost of acquiring, 
     constructing, and renovating facilities.

     ``SEC. 5702. GRANTS TO ELIGIBLE ENTITIES.

       ``(a) Grants for Initiatives.--
       ``(1) In general.--The Secretary shall use 100 percent of 
     the amount available to carry out this part to award grants 
     to eligible entities that have applications approved under 
     this part, to enable the eligible entities to carry out 
     innovative initiatives for assisting military charter schools 
     to address the cost of acquiring, constructing, and 
     renovating facilities by enhancing the availability of loans 
     or bond financing.
       ``(2) Number of grants.--The Secretary shall award not less 
     than 4 grants under this part in each fiscal year.
       ``(b) Grantee Selection.--
       ``(1) Determination.--The Secretary shall evaluate each 
     application submitted, and shall determine which applications 
     are of sufficient quality to merit approval and which are 
     not.
       ``(2) Minimum grants.--The Secretary shall award at least--
       ``(A) 1 grant to an eligible entity described in section 
     5710(1)(A);
       ``(B) 1 grant to an eligible entity described in section 
     5710(1)(B); and
       ``(C) 1 grant to an eligible entity described in section 
     5710(1)(C),
     if applications are submitted that permit the Secretary to 
     award the grants without approving an application that is not 
     of sufficient quality to merit approval.
       ``(c) Grant Characteristics.--Grants under this part shall 
     be in sufficient amounts, and for initiatives of sufficient 
     scope and quality, so as to effectively enhance credit for 
     the financing of military charter school acquisition, 
     construction, or renovation.
       ``(d) Special Rule.--In the event the Secretary determines 
     that the funds available to carry out this part are 
     insufficient to permit the Secretary to award not less than 4 
     grants in accordance with subsections (a) through (c)--
       ``(1) subsections (a)(2) and (b)(2) shall not apply; and
       ``(2) the Secretary may determine the appropriate number of 
     grants to be awarded in accordance with subsections (a)(1), 
     (b)(1), and (c).

     ``SEC. 5703. APPLICATIONS.

       ``(a) In General.--To receive a grant under this part, an 
     eligible entity shall submit to the Secretary an application 
     in such form as the Secretary may reasonably require.
       ``(b) Contents.--An application submitted under subsection 
     (a) shall contain--
       ``(1) a statement identifying the activities proposed to be 
     undertaken with funds received under this part, including how 
     the eligible entity will determine which military charter 
     schools will receive assistance, and how much and what types 
     of assistance the military charter schools will receive;
       ``(2) a description of the involvement of military charter 
     schools in the application's development and the design of 
     the proposed activities;
       ``(3) a description of the eligible entity's expertise in 
     capital market financing;
       ``(4) a description of how the proposed activities will--
       ``(A) leverage private sector financing capital, to obtain 
     the maximum amount of private sector financing capital, 
     relative to the amount of government funding used, to assist 
     military charter schools; and
       ``(B) otherwise enhance credit available to military 
     charter schools;
       ``(5) a description of how the eligible entity possesses 
     sufficient expertise in education to evaluate the likelihood 
     of success of a military charter school program for which 
     facilities financing is sought;
       ``(6) in the case of an application submitted by a State 
     governmental entity, a description of the actions that the 
     entity has taken, or will take, to ensure that military 
     charter schools within the State receive the funding the 
     schools need to have adequate facilities;
       ``(7) an assurance that the eligible entity will give 
     priority to funding initiatives that assist military charter 
     schools in which students have demonstrated academic 
     excellence or improvement during the 2 consecutive academic 
     years preceding submission of the application; and
       ``(8) such other information as the Secretary may 
     reasonably require.

     ``SEC. 5704. MILITARY CHARTER SCHOOL OBJECTIVES.

       ``An eligible entity receiving a grant under this part 
     shall use the funds received through the grant, and deposited 
     in the reserve account established under section 5705(a), to 
     assist 1 or more military charter schools to access private 
     sector capital to accomplish 1 or more of the following 
     objectives:
       ``(1) The acquisition (by purchase, lease, donation, or 
     otherwise) of an interest (including an interest held by a 
     third party for the benefit of a military charter school) in 
     improved or unimproved real property that is necessary to 
     commence or continue the operation of a military charter 
     school.
       ``(2) The construction of new facilities, or the 
     renovation, repair, or alteration of existing facilities, 
     necessary to commence or continue the operation of a military 
     charter school.
       ``(3) The payment of startup costs, including the costs of 
     training teachers and purchasing materials and equipment, 
     including instructional materials and computers, for a 
     military charter school.

     ``SEC. 5705. RESERVE ACCOUNT.

       ``(a) In General.--For the purpose of assisting military 
     charter schools to accomplish the objectives described in 
     section 5704, an eligible entity receiving a grant under this 
     part shall deposit the funds received through the grant 
     (other than funds used for

[[Page S6631]]

     administrative costs in accordance with section 5706) in a 
     reserve account established and maintained by the eligible 
     entity for that purpose. The eligible entity shall make the 
     deposit in accordance with State and local law and may make 
     the deposit directly or indirectly, and alone or in 
     collaboration with others.
       ``(b) Use of Funds.--Amounts deposited in such account 
     shall be used by the eligible entity for 1 or more of the 
     following purposes:
       ``(1) Guaranteeing, insuring, and reinsuring bonds, notes, 
     evidences of debt, loans, and interests therein, the proceeds 
     of which are used for an objective described in section 5704.
       ``(2) Guaranteeing and insuring leases of personal and real 
     property for such an objective.
       ``(3) Facilitating financing for such an objective by 
     identifying potential lending sources, encouraging private 
     lending, and carrying out other similar activities that 
     directly promote lending to, or for the benefit of, military 
     charter schools.
       ``(4) Facilitating the issuance of bonds by military 
     charter schools, or by other public entities for the benefit 
     of military charter schools, for such an objective, by 
     providing technical, administrative, and other appropriate 
     assistance (including the recruitment of bond counsel, 
     underwriters, and potential investors and the consolidation 
     of multiple military charter school projects within a single 
     bond issue).
       ``(c) Investment.--Funds received under this part and 
     deposited in the reserve account shall be invested in 
     obligations issued or guaranteed by the United States or a 
     State, or in other similarly low-risk securities.
       ``(d) Reinvestment of Earnings.--Any earnings on funds 
     received under this part shall be deposited in the reserve 
     account established under subsection (a) and used in 
     accordance with subsection (b).

     ``SEC. 5706. LIMITATION ON ADMINISTRATIVE COSTS.

       ``An eligible entity that receives a grant under this part 
     may use not more than 0.25 percent of the funds received 
     through the grant for the administrative costs of carrying 
     out the eligible entity's responsibilities under this part.

     ``SEC. 5707. AUDITS AND REPORTS.

       ``(a) Financial Record Maintenance and Audit.--The 
     financial records of each eligible entity receiving a grant 
     under this part shall be maintained in accordance with 
     generally accepted accounting principles and shall be subject 
     to an annual audit by an independent public accountant.
       ``(b) Reports.--
       ``(1) Eligible entity annual reports.--Each eligible entity 
     receiving a grant under this part annually shall submit to 
     the Secretary a report of the eligible entity's operations 
     and activities under this part.
       ``(2) Contents.--Each such annual report shall include--
       ``(A) a copy of the eligible entity's most recent financial 
     statements, and any accompanying opinion on such statements, 
     prepared by the independent public accountant auditing the 
     financial records of the eligible entity;
       ``(B) a copy of any report made on an audit of the 
     financial records of the eligible entity that was conducted 
     under subsection (a) during the reporting period;
       ``(C) an evaluation by the eligible entity of the 
     effectiveness of the entity's use of the Federal funds 
     provided under this part in leveraging private funds;
       ``(D) a listing and description of the military charter 
     schools served by the eligible entity with such Federal funds 
     during the reporting period;
       ``(E) a description of the activities carried out by the 
     eligible entity to assist military charter schools in meeting 
     the objectives set forth in section 5704; and
       ``(F) a description of the characteristics of lenders and 
     other financial institutions participating in the activities 
     undertaken by the eligible entity under this part during the 
     reporting period.
       ``(3) Secretarial report.--The Secretary shall review the 
     reports submitted under paragraph (1) and shall provide a 
     comprehensive annual report to Congress on the activities 
     conducted under this part.

     ``SEC. 5708. NO FULL FAITH AND CREDIT FOR GRANTEE 
                   OBLIGATIONS.

       ``No financial obligation of an eligible entity entered 
     into pursuant to this part (such as an obligation under a 
     guarantee, bond, note, evidence of debt, or loan) shall be an 
     obligation of, or guaranteed in any respect by, the United 
     States. The full faith and credit of the United States is not 
     pledged to the payment of funds that may be required to be 
     paid under any obligation made by an eligible entity pursuant 
     to any provision of this part.

     ``SEC. 5709. RECOVERY OF FUNDS.

       ``(a) In General.--The Secretary, in accordance with 
     chapter 37 of title 31, United States Code, shall collect--
       ``(1) all of the funds in a reserve account established by 
     an eligible entity under section 5705(a), if the Secretary 
     determines, not earlier than 2 years after the date on which 
     the entity first received funds under this part, that the 
     entity has failed to make substantial progress in carrying 
     out the purposes described in section 5705(b); or
       ``(2) all or a portion of the funds in a reserve account 
     established by an eligible entity under section 5705(a), if 
     the Secretary determines that the eligible entity has 
     permanently ceased to use all or a portion of the funds in 
     such account to accomplish any purpose described in section 
     5705(b).
       ``(b) Exercise of Authority.--The Secretary shall not 
     exercise the authority provided in subsection (a) to collect 
     from any eligible entity any funds that are being properly 
     used to achieve 1 or more of the purposes described in 
     section 5705(b).
       ``(c) Procedures.--The provisions of sections 451, 452, and 
     458 of the General Education Provisions Act (20 U.S.C. 1234, 
     1234a, 1234g) shall apply to the recovery of funds under 
     subsection (a).
       ``(d) Construction.--This section shall not be construed to 
     impair or affect the authority of the Secretary to recover 
     funds under part D of the General Education Provisions Act 
     (20 U.S.C. 1234 et seq.).

     ``SEC. 5710. DEFINITIONS.

       ``In this part:
       ``(1) Eligible entity.--The term `eligible entity' means--
       ``(A) a public entity, such as a military installation as 
     defined in section 2687(e)(1) of title 10, United States 
     Code;
       ``(B) a private nonprofit entity; or
       ``(C) a consortium of entities described in subparagraphs 
     (A) and (B).
       ``(2) Military charter school.--The term `military charter 
     school' has the meaning given such term by regulations 
     promulgated by the Secretary of Defense.

     ``SEC. 5711. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     part $10,000,000 for fiscal year 2004 and each succeeding 
     fiscal year.''.
                                 ______
                                 
      By Mr. HATCH (for himself and Mr. Leahy):
  S. 1080. A bill to make amendments to certain antitrust penalties, 
and for other purposes; to the Committee on the Judiciary.

  Mr. HATCH. Mr. President, I rise today to introduce the ``Antitrust 
Improvements Act of 2003.'' I want to thank the Ranking Democrat Member 
from the Judiciary Committee, Senator Leahy, for joining me in 
introducing this measure as an original cosponsor. I hope that we can 
expeditiously report this measure from the Judiciary Committee and 
bring it to the Senate floor.
  The Hatch-Leahy Antitrust Improvements Act of 2003 is long overdue. 
The bill updates the criminal penalties applicable to antitrust 
criminal violations and repeals the archaic Title VIII of the 
``Antidumping Act of 1916,'' as requested by the administration.
  After careful examination and study of the current penalty structure 
for antitrust criminal offenses, Senator Leahy and I have come to 
agreement that the law needs to be modernized in a number of areas. 
Under current law, a person who commits a criminal violation of the 
antitrust laws can be subject to maximum punishment of 3 years 
imprisonment, while a corporation can be fined a maximum of $10 
million. These punishments need to be updated to reflect changes in 
market conditions, as well as to make them consistent with other 
changes we enacted last year to white collar criminal offenses as part 
of the Sarbanes-Oxley bill. Under the Hatch-Leahy proposal, the maximum 
punishment for an individual would be raised to 10 years imprisonment, 
and for a corporation the maximum fine would be increased to $100 
million.
  These changes are long overdue and will eliminate the huge disparity 
present in our laws between the treatment of criminal white collar 
offenses and antitrust criminal violations. The Sarbanes-Oxley Act 
passed last year raised the criminal penalties for a number of white 
collar offenses, but did not do so for antitrust criminal violations. 
An antitrust price-fixer who defrauds consumers for a total of $5 
million should be subject to a penalty which is more consistent with 
the penalty scheme for other white collar offenses. There is little 
difference, in my mind, between a market place criminal who takes 
advantage of consumers and a white collar cheater who steals money from 
his victims.
  The Hatch-Leahy proposal also will raise the maximum fines applicable 
to corporations and other legal entities from $10 million to $100 
million per violation. Such a change is needed to reflect the change in 
our economy and the importance of maintaining a credible deterrent 
against such conduct by corporations and other entities.
  It is also essential to note that all criminal fines are paid into a 
Victims Fund, which is administered by the Justice Department, and 
ultimately disbursed to support victims' advocacy groups. Criminals who 
have assets must first pay restitution to any identifiable victims to 
compensate them for their suffering, and then must pay

[[Page S6632]]

fines to the Victims Fund. The increased criminal fines will enhance 
the Justice Department's ability to support advocacy groups who work so 
hard on behalf of the victims of crime across America.
  The Antitrust Division's criminal enforcement program has been very 
successful in the past years, particularly in the area of criminal 
enforcement against international cartels affecting well over $10 
billion in commerce. With these new tools, the Antitrust Division can 
be even more effective in enforcing our antitrust criminal laws and 
deterring and preventing future offenses against American consumers.
  This bill also repeals an archaic provision of law, enacted in 1916, 
that allows private lawsuits with potential of treble damages against 
importers or producers for unfair pricing provided they had the intent 
to injure a U.S. industry. The World Trade Organization, WTO, has ruled 
that this act violates the United States obligations to address unfair 
pricing through the specified administrative measures of the 
Antidumping Agreement. Repealing this statute is an important and 
necessary step in complying with our obligations under negotiated 
international treaties.
  I urge my colleagues to support these important measures and support 
the Antitrust Improvements Act of 2003.
  Mr. LEAHY. Mr. President, I am pleased to join Senator Hatch today in 
offering this bill to increase criminal penalties against those who 
monopolize or restrict the market using unfair and illegal business 
practices.
  In an age that combines robust levels of international trade with the 
threats of Enron-style accounting, we must be increasingly vigilant to 
the threats of white-collar crime to our economy. Legitimate business 
can only thrive when bad actors realize that violations of antitrust 
law will be met with the strictest of penalties. Our bill increases the 
maximum sentence for a violation of the Sherman antitrust laws from 3 
to 10 years. Fines to corporations are increased tenfold to a maximum 
of $100 million per infraction. This increase will make it clear to 
corporate wrongdoers that no antitrust violation is affordable. These 
changes bring antitrust penalties in line with other white-collar 
crimes and send a clear message that the United States will not allow 
any company to abuse its consumers by misusing market power.
  Our bill also repeals an old and rarely used provision, the 
Antidumping Act of 1916. Congress must eliminate this provision in 
order to come into compliance with a ruling by the World Trade 
Organization. The U.S. Trade Representative and the Department of 
Justice both support the repeal of this act, and indeed have made a 
joint request for such legislation to the Congress.
  I am pleased to have worked with the chairman on this important 
legislation and urge my colleagues to support this bill.
  I ask unanimous consent to print in the Record the joint request by 
the U.S. Trade Representative and the Department of Justice.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:
         Executive Office of the President, the United States 
           Trade Representative,
                                    Washington, DC, July 20, 2001.
     Hon. Richard B. Cheney,
     President of the Senate,
     Washington, DC.
       Dear Mr. President: We are transmitting the enclosed draft 
     bill to repeal a provision of law enacted on September 8, 
     1916, regarding prevention of unfair methods of competition 
     (15 U.S.C. Sec. 72, c. 463, Title VIII, Sec. 801, 39 Stat. 
     798). That provision provides for a private right of action 
     for treble damages, as well as for criminal penalties in an 
     action brought by the U.S. government, for international 
     price discrimination.
       The Administration proposes repeal of this provision 
     because it is redundant of other U.S. laws providing remedies 
     for international price discrimination. To our knowledge, 
     during the past 85 years no plaintiff has obtained a final 
     judgment on the merits under this rarely-invoked law and no 
     government enforcement action has been taken. Furthermore, 
     this provision is inconsistent with the obligations of the 
     United States under the Marrakesh Agreement Establishing the 
     World Trade Organization (WTO Agreement).
       We would appreciate it if you would lay the draft bill 
     before the Senate. An identical proposal is being transmitted 
     to the Speaker of the House.
       The Office of Management and Budget has advised that there 
     is no objection to the presentation of this proposal to 
     Congress and that its enactment would be in accord with the 
     program of the President.
           Sincerely,
     John Ashcroft,
       Attorney General.
     Robert B. Zoellick,
       United States Trade Representative.
                                 ______
                                 
      By Mr. DOMENICI:
  S. 1081. A bill to amend section 504(a) of the Higher Education Act 
of 1965 to eliminate the 2-year wait out period for grant recipients; 
to the Committee on Health, Education, Labor, and Pensions.
  Mr. DOMENICI. Mr. President, I rise today to introduce a bill that 
will amend Title V of the Higher Education Act. Specifically, this bill 
will eliminate the 2-year wait-out period now required between 
applications by eligible Hispanic Serving Institutions for grants under 
Title V of the Higher Education Act.
  Title V of the Higher Education Act is the primary vehicle used to 
target urgently needed funds to Hispanic Serving Institutions. Grants 
under this section can be used by higher education institutions to 
strengthen academic quality, institutional management, and financial 
stability. These grants are essential to institutions that provide and 
increase the number of educational opportunities available to Hispanic 
students.
  Under current guidelines, in order to qualify for a grant under Title 
V, an institution must have at least 25 percent full time, Hispanic 
undergraduate student enrollment, and not less than 50 percent of its 
Hispanic student population must be low income. Title V grants are 
awarded for 5 years, with a minimum 2-year wait-out period after the 
termination of a grant period before eligibility to apply for another 
grant. During Fiscal Year 2002, 191 institutions were awarded grants.
  Title V's 2-year wait-out period impedes Hispanic Serving 
Institutions' efforts to implement continuing programs with long range 
solutions to Hispanic higher education challenges. Eliminating the 2-
year wait-out period will be of great importance to equipping our 
Nation's Hispanic Serving Institutions with the continuous funding that 
they need to best answer complex challenges. In 2000, Congress 
eliminated the wait-out period for Tribally Controlled Colleges and 
Universities, Alaskan Native and Native Hawaiian-serving institutions. 
Historically Black Colleges and Universities also do not have a wait-
out period. It is now time for us to eliminate the wait-out period for 
Hispanic Serving Institutions.
  Hispanic Serving Institutions provide the quality education essential 
to full participation in today's society. Many students in my home 
State of New Mexico have benefited from the academic excellence that 
Hispanic Serving Institutions seek to provide. Title V grants are 
intended to provide assistance to these less advantaged, developing 
institutions, and preventing these institutions from reapplying for 
grants for 2 successive years is obstructing their development.
  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. 1081

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

     SECTION 1. ELIMINATION OF THE 2-YEAR WAIT OUT PERIOD FOR 
                   GRANT RECIPIENTS.

       Section 504(a) of the Higher Education Act of 1965 (20 
     U.S.C. 1101c(a)) is amended--
       (1) by striking ``Period.--'' and all that follows through 
     ``The Secretary'' and inserting ``Period.--The Secretary''; 
     and
       (2) by striking paragraph (2).

                          ____________________