[Congressional Record (Bound Edition), Volume 146 (2000), Part 2]
[Senate]
[Pages 2020-2028]
[From the U.S. Government Publishing Office, www.gpo.gov]



   LEGISLATION TO AMEND THE HARMONIZED TARIFF SCHEDULE OF THE UNITED 
    STATES TO PROVIDE FOR THE DUTY-FREE TREATMENT FOR CERTAIN SEMI-
                       MANUFACTURED FORMS OF GOLD

  Mr. CRAPO. Mr. President, I rise today to introduce legislation that 
will help our domestic semiconductor industry continue to thrive. The 
proposal that I am introducing today, along with my colleague from 
Idaho, Senator Larry Craig, merely extends an existing temporary duty 
suspension for certain semi-manufactured forms of gold. Specifically, 
the bill amends the U.S. Harmonized Tariff Schedule to extend, until 
December 31, 2005, the duty-free treatment of gold bonding wire. This 
product is critical to the manufacture of semiconductors and integrated 
circuits.
  The Miscellaneous Trade and Technical Corrections Act of 1996 
suspended the 4.9 percent duty given to gold bond wiring classified 
under Harmonized Tariff Number 7108.13.7000. This temporary duty 
suspension expires on December 31, 2000 and should be renewed. This is 
particularly true given that the duty on most other products used in 
the manufacture of semiconductors were removed during the General 
Agreement on Tariffs and Trade Uruguay Round of multilateral trade 
negotiations which concluded in 1994. Members of the U.S. semiconductor 
industry believe the failure to include gold bonding wire in the list 
of duty eliminations was more of an oversight than anything else. This 
legislation helps rectify this situation.
  The gold bonding wire essential to the manufacture of semiconductors 
and integrated circuits is unique in its fineness, purity and 
application. The nearly 100 percent pure gold wire whose diameter 
measures 0.05 millimeters or less has no other known purposes or uses 
other than those associated with the assembly of semiconductors.
  U.S. semiconductor manufacturers that assemble their products 
domestically rather than abroad will be adversely impacted if this duty 
suspension lapses. A duty of almost five percent on gold bond wiring 
would increase the cost of doing business for American companies that 
choose to assemble their goods in this country. We should support, not 
hinder, efforts like this one that are a win-win for the American labor 
force and our nation's economy. More hardworking Americans are employed 
when the assembly process occurs domestically. Furthermore, lower costs 
encourage more U.S. companies to conduct these activities at home. In 
the end, this provides a boost to the overall economic well-being of 
the United States.
  This duty suspension proposal lacks domestic opposition and its 
passage has only a de minimis revenue impact. I hope my colleagues will 
join me in supporting this measure. 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. 2146

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

     SECTION 1. TEMPORARY SUSPENSION OF DUTY ON CERTAIN SEMI-
                   MANUFACTURED FORMS OF GOLD.

       (a) In General.--Subheading 9902.71.08 of the Harmonized 
     Tariff Schedule of the United States is amended by striking 
     ``12/31/2000'' and inserting ``12/31/2005''.
       (b) Effective Date.--The amendment made by subsection (a) 
     applies with respect to goods entered, or withdrawn from 
     warehouse for consumption, on or after the 15th day after the 
     date of enactment of this Act.
                                 ______
                                 
      By Mr. HOLLINGS (for himself and Mr. Thurmond):
  S. 2148. A bill to suspend through December 31, 2004, the duty on 
certain other single yarn of viscose rayon; to the Committee on 
Finance.
  S. 2149. A bill to suspend through December 31, 2004, the duty on 
certain other single yarn of viscose rayon; to the Committee on 
Finance.
  S. 2150. A bill to suspend through December 31, 2004, the duty on 
certain other single yarn of viscose rayon; to the Committee on 
Finance.
  S. 2151. A bill to suspend through December 31, 2004, the duty on 
high tenacity multiple (folded) or cabled yarn of viscose rayon; to the 
Committee on Finance.
  S. 2152. A bill to suspend through December 31, 2004, the duty on 
high tenacity single yarn of viscose rayon; to the Committee on 
Finance.
  S. 2153. A bill to suspend temporarily duty on cobalt boron; to the 
Committee on Finance.
  S. 2154. A bill to extend the temporary suspension of duty on 
ferroboron; to the Committee on Finance.
  S. 2155. A bill to suspend through December 31, 2003, on 
metachlorobenzaldehyde, propiophenone, 4-bromo-2-fluoroacetanilide, and 
2,6-dichlorotoluene; to the Committee on Finance.
  S. 2156. A bill to suspend through December 31, 2003, the duty on 
textured rolled glass sheets; to the Committee on Finance.
  S. 2157. A bill to suspend through December 31, 2004, the duty on 
other yarn, multiple (folded) or cabled, of viscose rayon; to the 
Committee on Finance.


                      Duty Suspension Legislation

  Mr. HOLLINGS. Mr. President, today I, along with Senator Thurmond, 
introduce a series of duty suspensions designed to permit the import of 
raw materials into the United States duty free. The materials are not 
indigenous to or made in the United States. Therefore, their 
importation will not displace domestic sourcing. Moreover, because of 
the nature of the products at issue, they will assist in the creation 
of additional jobs in the United States.
  I believe this is the most appropriate use of such legislation. The 
imported product will not displace any that is manufactured in the 
United States. Moreover, the imported product will assist in enhancing 
American productive capacity. I am, therefore, hopeful that this new 
capacity can be used to supply both domestic and foreign needs and will 
increase employment in the United States.
                                 ______
                                 
      By Mr. ASHCROFT:
  S. 2159. A bill to provide flexibility when merited and 
accountability when warranted in the Nation's elementary schools and 
secondary schools, to amend the Higher Education Act of 1965 to provide 
achievement-based college scholarships to students in failing schools 
or failing school districts, and for other purposes; to the Committee 
on Health, Education, Labor, and Pensions.


               EXCELLENT SCHOOLS FOR ALL OUR CHILDREN ACT

 Mr. ASHCROFT. Mr. President, today I am introducing 
legislation to address a serious and specific crisis that has occurred 
in my home state of Missouri.
  In October of 1999, the Missouri State Board of Education canceled 
accreditation for Kansas City's schools, effective May 1, 2000, and 
gave St. Louis a court-required probationary period in lieu of 
accreditation withdrawal. Today, 80,000 young people are trapped in 
these failing urban school districts. It is hard for students to be 
successful in these types of settings. Both of these school districts 
receive substantial financial resources from the federal government, 
yet we are not seeing positive results on our investment. It is time 
for taxpayers to have accountability so that they know their tax 
dollars are spent in classrooms to boost academic achievement.

[[Page 2021]]

  This is especially true since Congress is continuing to increase its 
financial commitment to education. Federal education funding has 
increased by 40% since 1994. And most recently, last year Congress 
approved a budget that proposes to increase federal resources for 
education by an additional 40% over the next five years. The final 
budget bill passed by Congress for FY2000--and that I supported--pays 
the first installment by increasing these resources by 6%, or $2 
billion, $35 billion for Fiscal Year 2000.
  In light of this increase in federal education resources, I want to 
encourage better, smarter use of federal funds where the need is 
greatest--in failing schools--so that the children languishing in these 
schools will have a real opportunity to achieve academic excellence and 
create a brighter future for themselves.
  Therefore, today I am introducing the Excellent Schools for All Our 
Children Act, a three-part program to help students trapped in failing 
urban schools in St. Louis, Kansas City, and other U.S. cities. This 
bill was developed in response to my state's challenge to the 
accreditation of Missouri's two largest school districts.
  This new legislation would channel federal aid in failing schools to 
teaching the academic basics, in order to raise student achievement 
levels; would provide funds for failing schools to use in recruiting, 
retaining, and rewarding highly qualified teachers; and would double 
the amount of federal aid for college costs for high-achieving students 
in failing schools.
  While focusing on an overall plan to streamline and simplify federal 
education programs for all schools, my plan incorporates a two-tiered 
``flexibility when merited and accountability when warranted'' approach 
to the use of federal education resources.
  First, this legislation proposes a major reduction in paperwork and 
``red tape'' for all schools, by consolidating a number of federal 
education programs so that funds may be sent directly to local schools. 
Schools will be free to use the funds in ways they believe will be most 
effective in elevating student achievement. The programs included in 
this consolidation are: Goals 2000, School-to-Work, Class Size 
Reduction (the ``100,000 Teachers'' funding); Title III, Technology for 
Education; Comprehensive School Reform under Title I; Title VI block 
grant; Immigrant Education under Title VII C; the Fund for Improvement 
of Education under Title X, Part A; and the McKinney Homeless 
Assistance Act. This provision is modeled after the Bond-Ashcroft 
``Direct Check for Education'' legislation introduced in 1999.
  For school districts that fail to meet their state's performance-
based accreditation standards and, are thus failing their students, 
these ``direct check'' funds may be spent only for purposes relating 
directly to improving academic performance. This will include focusing 
on ``the basics;'' funding mentoring programs to help students who 
can't read, write or do arithmetic; and using proven methods of 
instruction, such as phonics. These federal funds can also be used to 
recruit, retain, and reward high quality teachers. Districts in trouble 
need help in finding and keeping the very best teachers, and my 
legislation provides resources for this purpose.
  These school districts will be asked to report on how they have spent 
their federal resources and on their students' academic performance 
using state and local measurements. Parents and others in the community 
need to see how their federal tax dollars have been spent on educating 
their children.
  When these school districts attain state accreditation for two 
consecutive years, they will gain the authority to use federal 
resources under new standards for expanded local control created by 
this legislation for non-failing schools. These school districts 
regaining accreditation will also have access to $10 million annually 
in new federal funding to reward teachers and principals for improved 
student performance, and for professional development opportunities.
  Finally, the Excellent Schools for All Our Children Act encourages 
students in failing school districts to be high achievers. As an 
incentive to their studies, I am proposing special college aid awards 
that would at a minimum double the amount of federal aid now available 
for students' college costs. Students who rank in the top ten percent 
of their high school class and have an ACT or SAT score that is at or 
above the national average would be eligible for these ``Good Student 
Scholarships,'' which would be equal to the maximum appropriated Pell 
Grant award, presently $3,300 per year. Thus, a high-achieving student 
eligible for a Pell Grant of $1,500 would also receive a Good Student 
Scholarship of $3,300, for a total federal aid package of $4,800.
  Mr. President, as a parent and public servant, I want to help 
thousands of young Missourians who are trapped in failing urban 
schools. It is clear to me that federal resources should be doing more 
to benefit these children. My plan to target resources to fund programs 
that will encourage and elevate student achievement will provide our 
students in failing school districts with the opportunity to succeed. 
We cannot risk losing an entire generation to the snares of education 
mediocrity. The federal government can--and should--be a critical 
partner in providing education funding in a manner that will help all 
our school children attain academic excellence.
  I ask for unanimous consent that the bill be printed in its entirety 
at the conclusion of my remarks.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2159

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Excellent 
     Schools for All Our Children Act''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.

        TITLE I-- FUNDING FOR ELEMENTARY AND SECONDARY EDUCATION

Sec. 101. Findings; purposes.
Sec. 102. Definitions.
Sec. 103. Direct awards to local educational agencies.
Sec. 104. Requirements for failing local educational agencies.
Sec. 105. Audit.
Sec. 106. Authorization of appropriations.
Sec. 107. Repeals.

                  TITLE II--GOOD STUDENT SCHOLARSHIPS

Sec. 201. Good student scholarships.

        TITLE I-- FUNDING FOR ELEMENTARY AND SECONDARY EDUCATION

     SEC. 101. FINDINGS; PURPOSES.

       (a) Findings.--Congress finds that--
       (1) education should be a national priority, but must 
     remain a local responsibility;
       (2) elementary schools and secondary schools perform best 
     when controlled by parents, teachers, local school boards, 
     and communities;
       (3) only through initiatives led by parents, teachers, and 
     local communities with the power to act can the United States 
     elevate the educational performance of its students toward 
     excellence;
       (4) parental involvement, high-quality teacher performance, 
     and teaching basic skills are fundamental to improving 
     student achievement;
       (5) educational resources are most effective when deployed 
     in the classroom and unencumbered by burdensome regulations;
       (6) schools and education professionals must be accountable 
     to the people and children they serve;
       (7) flexibility when merited and accountability when 
     warranted should be the Federal Government's approach to the 
     use of Federal education resources; and
       (8) the Federal Government should encourage better, smarter 
     uses of Federal funds where the need is greatest, 
     specifically, in failing school districts, so that children 
     in those districts will have a real opportunity to achieve 
     academic excellence and create a brighter future for 
     themselves.
       (b) Purposes.--The purposes of this title are--
       (1) to promote excellence in elementary and secondary 
     education programs in the Nation;
       (2) to increase parental involvement in the education of 
     their children;
       (3) to boost student achievement in academic subjects to 
     high levels;
       (4) to improve basic skills instruction, and to increase 
     teacher performance and accountability;
       (5) to return the responsibility and control for education 
     to parents, teachers, schools, and local communities;
       (6) to improve the academic achievement of all students, 
     and to focus the resources of

[[Page 2022]]

     the Federal Government upon such achievement, especially in 
     failing school districts; and
       (7) to give States and communities maximum freedom in 
     determining how to boost academic achievement and implement 
     education reforms.

     SEC. 102. DEFINITIONS.

       In this title:
       (1) Failing Local Educational Agency.--The term ``failing 
     local educational agency'' means a local educational agency 
     that has been classified as unaccredited or failing (or would 
     be so classified if not for a court order or pending court 
     settlement agreement involving the local educational agency) 
     under its State's performance-based accreditation or 
     categorization standards.
       (2) Local educational agency.--The term ``local educational 
     agency'' has the meaning given the term in section 14101 of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     8801).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Education.
       (4) State.--The term ``State'' means each of the several 
     States of the United States, the District of Columbia, the 
     Commonwealth of Puerto Rico, Guam, American Samoa, the 
     Commonwealth of the Northern Mariana Islands, the United 
     States Virgin Islands, the Republic of the Marshall Islands, 
     the Federated States of Micronesia, and the Republic of 
     Palau.

     SEC. 103. DIRECT AWARDS TO LOCAL EDUCATIONAL AGENCIES.

       (a) Direct Awards.--Except as provided in section 104, from 
     amounts appropriated under section 106(a) and not used to 
     carry out section 106(b), the Secretary shall make direct 
     awards to local educational agencies in amounts determined 
     under subsection (b) to enable the local educational agencies 
     to support programs or activities, for kindergarten through 
     grade 12 students, that the local educational agencies deem 
     appropriate.
       (b) Determination of Award Amount.--
       (1) Per child amount.--The Secretary, using the information 
     provided under subsection (c), shall determine a per child 
     amount for a year by dividing the total amount appropriated 
     under section 106(a) for the year, by the average daily 
     attendance of kindergarten through grade 12 students in all 
     States for the preceding year.
       (2) Local educational agency award.--The Secretary, using 
     the information provided under subsection (c), shall 
     determine the amount to be provided to each local educational 
     agency under this section for a year by multiplying--
       (A) the per child amount determined under paragraph (1) for 
     the year; by
       (B) the average daily attendance of kindergarten through 
     grade 12 students that are served by the local educational 
     agency for the preceding year.
       (c) Census Determination.--
       (1) In general.--Not later than December 1 of each year, 
     each local educational agency shall conduct a census to 
     determine the average daily attendance of kindergarten 
     through grade 12 students served by the local educational 
     agency.
       (2) Submission.--Not later than March 1 of each year, each 
     local educational agency shall submit the number described in 
     paragraph (1) to the Secretary.
       (3) Penalty.--If the Secretary determines that a local 
     educational agency has knowingly submitted false information 
     under paragraph (1) for the purpose of gaining additional 
     funds under this section, then the local educational agency 
     shall be fined an amount equal to twice the difference 
     between the amount the local educational agency received 
     under this section, and the correct amount the local 
     educational agency would have received under this section if 
     the agency had submitted accurate information under paragraph 
     (1).

     SEC. 104. REQUIREMENTS FOR FAILING LOCAL EDUCATIONAL 
                   AGENCIES.

       (a) In General.--In the case of a failing local educational 
     agency receiving an award under section 103(a) for a fiscal 
     year, such failing local educational agency shall use such 
     award only for purposes directly related to improving 
     elementary school and secondary school students' academic 
     performance consistent with subsection (d).
       (b) Title I Funding.--
       (1) In general.--Notwithstanding any other provision of 
     law, funds provided to a failing local educational agency 
     under title I of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 6301 et seq.) shall be spent in accordance 
     with this section.
       (2) Applicability provision.--The provisions of parts A, B, 
     C, and D of title I of the Elementary and Secondary Education 
     Act of 1965 shall not apply to a failing local educational 
     agency other than the allocation and allotment provisions 
     under part A of such title.
       (c) Failing Local Agency Plan.--
       (1) Plan required.--Each failing local educational agency 
     shall submit a plan to the Secretary at such time and in such 
     manner as the Secretary may require. A plan submitted under 
     this subsection--
       (A) shall describe the activities to be funded by the 
     failing local educational agency under subsections (a) and 
     (b) consistent with subsection (d); and
       (B) may request an exemption from the uses of funds 
     restrictions under subsection (d) for elementary schools and 
     secondary schools served by the failing local educational 
     agency that met the State's performance-based accreditation 
     or categorization standards for the previous fiscal year.
       (2) Plan approval.--The Secretary shall approve a plan 
     submitted under paragraph (1) if the plan meets the 
     requirements described in paragraph (1).
       (3) Plan dissemination.--Each failing local educational 
     agency having a plan approved under paragraph (2) shall 
     widely disseminate such plan, throughout the area served by 
     such agency, and post the plan on the Internet.
       (d) Uses of Funds.--Each failing local educational agency 
     having a plan approved under subsection (c)(2) for a fiscal 
     year may use the award provided under section 103(a) and 
     funds provided under title I of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6301 et seq.) for such 
     fiscal year only for the following activities:
       (1) To recruit, retain, and reward high-quality teachers.
       (2) To focus on teaching basic educational skills.
       (3) To provide remedial instruction in core academic 
     subjects that are assessed by standards set by the State 
     educational agency or local educational agency.
       (4) To fund mentoring programs for elementary school and 
     secondary school students who need assistance in reading, 
     writing, or arithmetic.
       (5) To use proven methods of instruction, such as phonics, 
     that are based upon reliable research.
       (6) To provide for extended day learning.
       (7) To ensure that parents of elementary school and 
     secondary school students realize that parents play a 
     significant role in their child's educational success, and to 
     encourage parents to become active in their child's 
     education.
       (8) To provide any other activity that a local educational 
     agency proposes, and the Secretary approves, as an activity 
     that relates directly to improving students' academic 
     performance.
       (e) Annual Report.--
       (1) Report.--A failing local educational agency shall 
     annually submit a report to the Secretary describing--
       (A) the use of funds under this section; and
       (B) the annual performance of all children served by the 
     failing local educational agency as measured by its State's 
     performance-based accreditation or categorization standards.
       (2) Privacy.--The report required under this section shall 
     not contain any information, such as names, addresses, or 
     grades, that might be used to identify the children whose 
     performance is described in the report.
       (3) Dissemination.--A failing local educational agency 
     shall widely disseminate the report submitted under paragraph 
     (1) throughout the area served by such agency, and post the 
     report on the Internet, so that parents and others in the 
     community can account for Federal education funding under 
     this title.
       (f) Meeting Standards.--
       (1) In general.--If, for 2 consecutive fiscal years after a 
     failing local educational agency is required to use funds in 
     accordance with subsection (d), such local educational agency 
     succeeds in meeting its State's performance-based 
     accreditation or categorization standards, then the 
     provisions of this section shall cease to apply to such local 
     educational agency.
       (2) Bonus awards.--
       (A) In general.--A local educational agency described in 
     paragraph (1) may receive a bonus award from amounts 
     appropriated under subparagraph (C), to use for purposes such 
     as rewarding elementary school and secondary school teachers 
     and principals who improved student performance, and for 
     professional development opportunities for such teachers and 
     principals.
       (B) Distribution.--A local educational agency receiving a 
     bonus award under this paragraph shall determine how to 
     distribute the award to individual elementary schools and 
     secondary schools. An elementary school or a secondary school 
     receiving such an award shall determine how such award shall 
     be spent.
       (C) Authorization of appropriations.--There are authorized 
     to be appropriated to carry out this paragraph $10,000,000 
     for each of fiscal years 2003 through 2007.
       (g) Penalty.--If a failing local educational agency spends 
     funds subject to the use of funds restrictions described in 
     subsection (d) in a manner inconsistent with subsection (d) 
     for a fiscal year, then the Secretary shall reduce the funds 
     such agency receives under section 103(a) for the succeeding 
     fiscal year by an amount equal to the amount spent improperly 
     by such agency.

     SEC. 105. AUDIT.

       (a) In General.--The Secretary may conduct audits of the 
     expenditures of local educational agencies to ensure that the 
     funds made available under this title are used in accordance 
     with this title.
       (b) Sanctions and Penalties.--If the Secretary determines 
     that the funds made available under this title were not used 
     in accordance with the title, the Secretary may use the 
     enforcement provisions available to the

[[Page 2023]]

     Secretary under part D of the General Education Provisions 
     Act (20 U.S.C. 1234 et seq.).

     SEC. 106. AUTHORIZATION OF APPROPRIATIONS.

       (a) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this title $3,100,000,000 for 
     fiscal year 2001 and such sums as may be necessary for each 
     of the 4 succeeding fiscal years.
       (b) Multiyear Awards.--The Secretary shall use funds 
     appropriated under subsection (a) for each fiscal year to 
     continue to make payments to eligible recipients pursuant to 
     any multiyear award made prior to the date of enactment of 
     this Act under the provisions of law repealed under section 
     103(b). The payments shall be made for the duration of the 
     multiyear award.
       (c) Disbursal.--The Secretary shall disburse the amount 
     awarded to a local educational agency under this title for a 
     fiscal year not later than July 1 of each year.

     SEC. 107. REPEALS.

       The following provisions of law are repealed:
       (1) Section 1502 of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 6492).
       (2) Section 3132 of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. et seq.).
       (3) Title VI of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 7301).
       (4) Part C of title VII of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7541).
       (5) Part A of title X of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 8001 et seq.).
       (6) Title III of The Goals 2000: Educate America Act (20 
     U.S.C. 5881 et seq.).
       (7) Title IV of The Goals 2000: Educate America Act (20 
     U.S.C. 5911 et seq.).
       (8) The School-to-Work Opportunities Act of 1994 (20 U.S.C. 
     6101 et seq.).
       (9) Subtitle B of title VII of the Stewart B. McKinney 
     Homeless Assistance Act (42 U.S.C. 11431 et seq.).
       (10) Section 307 of the Department of Education 
     Appropriations Act of 1999.

                  TITLE II--GOOD STUDENT SCHOLARSHIPS

     SEC. 201. GOOD STUDENT SCHOLARSHIPS.

       Part A of title IV of the Higher Education Act of 1965 (20 
     U.S.C. 1070 et seq.) is amended by adding at the end the 
     following:

                 ``Subpart 9--Good Student Scholarships

     ``SEC. 420N. GOOD STUDENT SCHOLARSHIPS.

       ``(a) Purpose.--The purpose of this section is to provide 
     achievement-based scholarships for undergraduate education to 
     eligible students graduating from schools or school districts 
     that are failing or unaccredited.
       ``(b) Definition of Eligible Student.--In this section, the 
     term `eligible student' means a secondary school student--
       ``(1) who graduates from a public secondary school or a 
     public or private secondary school in a school district that 
     is failing or unaccredited, as determined by the State 
     educational agency serving the State in which the secondary 
     school or school district is located;
       ``(2) who has been in attendance at the school referred to 
     in paragraph (1) for not less than 2 years;
       ``(3) who ranks in the top 10 percent academically in such 
     student's class;
       ``(4) who has an average ACT or SAT score that is equal to 
     or greater than the national average such score; and
       ``(5) whose family income is not more than $100,000.
       ``(c) Designation.--Scholarships made under this section 
     shall be referred to as `Good Student Scholarships'.
       ``(d) Scholarships Authorized.--
       ``(1) In general.--From amounts appropriated under 
     subsection (f) for a fiscal year, the Secretary shall award 
     scholarships to each eligible student submitting an 
     application consistent with paragraph (2) to enable the 
     eligible student to pay the cost of attendance at an 
     institution of higher education during the eligible student's 
     first 4 academic years of undergraduate education.
       ``(2) Application required.--Each eligible student desiring 
     a scholarship under this section for year shall submit for 
     each such year an application to the Secretary at such time, 
     in such manner, and containing such information as the 
     Secretary may reasonably require.
       ``(3) Amount of award.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the amount of a scholarship awarded under this section for an 
     academic year shall be equal to the maximum appropriated 
     Federal Pell Grant for such year.
       ``(B) Adjustment for insufficient appropriations.--If, 
     after the Secretary determines the total number of eligible 
     applicants for an academic year, funds available to carry out 
     this section are insufficient to fully fund all scholarship 
     awards under subparagraph (A) for such academic year, the 
     amount of the scholarship paid to each eligible student shall 
     be reduced proportionately.
       ``(C) Assistance not to exceed cost of attendance.--The 
     amount of a scholarship awarded under this paragraph to an 
     eligible student, in combination with Federal Pell Grant 
     assistance and any other student financial assistance the 
     eligible student receives, may not exceed the eligible 
     student's cost of attendance.
       ``(e) Lists From State Educational Agencies.--Each State 
     educational agency shall annually provide a list to the 
     Secretary identifying each public secondary school and each 
     public school district within the State that the State 
     educational agency determines is failing or unaccredited.
       ``(f) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section--
       ``(1) $75,000,000 for fiscal year 2001;
       ``(2) $150,000,000 for fiscal year 2002;
       ``(3) $225,000,000 for fiscal year 2003; and
       ``(4) $300,000,000 for fiscal year 2004.''.
                                 ______
                                 
      By Mr. TORRICELLI:
  S. 2160. A bill to require health plans to include infertility 
benefits, and for other purposes; to the Committee on Health, 
Education, Labor, and Pensions.


     the fair access to infertility treatment and hope (faith) act

 Mr. TORRICELLI. Mr. President, I rise today to introduce 
legislation that would greatly improve the lives of millions of 
Americans, thousands of whom live in my State of New Jersey, who are 
infertile.
  For many American families, the blessing of raising a family is one 
of the most basic human desires. Unfortunately almost fifteen percent 
of all married couples, over six million American families, are unable 
to have children due to infertility.
  The physical and emotional toll that infertility has on families is 
impossible to ignore. I have heard from a number of men and women from 
New Jersey who have experienced the pain and trauma of discovering that 
their bodies, which appear normal and function perfectly, are somehow 
deficient in the one area that matters most to them. This is only 
compounded when patients discover that their insurer, which they rely 
on for all of their critical health needs, refuse to cover treatment 
for this disease. The deep sense of loss expressed by those who desire 
a family as a result of this gap in coverage is real and significant. 
Their pain should no longer be ignored.
  Infertility is a treatable disease. New technologies and procedures 
that have been developed in the past two decades make starting a family 
a real possibility for many couples previously unable to conceive. In 
fact, up to two thirds of all married couples who seek infertility 
treatment are subsequently able to have children.
  Unfortunately, due to the high cost of treating this illness, only 20 
percent of infertile couples seek medical treatment each year. Even 
worse, only four out of every ten couples that seek infertility 
treatment receive coverage from health insurers, and only one quarter 
of all health plans provide coverage for infertility services.
  My bill, the Fair Access to Infertility Treatment and Hope (FAITH) 
Act, will end this inequity by requiring all health insurance plans to 
ensure testing and coverage of infertility treatment. Specifically, 
FAITH requires health plans to cover all infertility procedures 
considered non-experimental that are deemed appropriate by patient and 
physician, up to four attempts (with two additional attempts provided 
for those successful couples that desire a second child).
  One reason often cited by health insurers for their continued refusal 
to provide infertility treatment is the negative impact that this 
coverage would have on monthly premiums. However, recent studies 
demonstrate that FAITH would raise the costs of health coverage by as 
little as $.21 cents per month per person, an insignificant amount 
compared to the enormous premium increases we have recently seen from 
HMOs.
  Similar legislation that recognizes the vital right of families to 
infertility treatments has already been passed in thirteen states, 
including Texas, California, New York, Illinois, Ohio, Massachusetts, 
Maryland, Connecticut, Rhode Island, Arkansas, Hawaii, Montana, and 
West Virginia. In my home state, both branches of the New Jersey 
Legislature recently passed legislation that mandates this coverage.
  Reproduction is one of the most important values for both men and 
women, and those individuals who desire the gift of family should have 
access to the necessary treatments that make life possible.

[[Page 2024]]

  Mr. President, I ask at this time that the text of the bill, in its 
entirety, be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2160

       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 ``Fair Access to Infertility 
     Treatment and Hope Act of 2000''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) infertility affects 6,100,000 men and women;
       (2) infertility is a disease which affects men and women 
     with equal frequency;
       (3) approximately 1 in 10 couples cannot conceive without 
     medical assistance;
       (4) recent medical breakthroughs make infertility a 
     treatable disease; and
       (5) only 25 percent of all health plan sponsors provide 
     coverage for infertility services.

     SEC. 3. AMENDMENTS TO THE EMPLOYEE RETIREMENT INCOME SECURITY 
                   ACT OF 1974.

       (a) In General.--Subpart B of part 7 of subtitle B of title 
     I of the Employee Retirement Income Security Act of 1974 (29 
     U.S.C. 1185 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 714. REQUIRED COVERAGE FOR INFERTILITY BENEFITS.

       ``(a) In General.-- A group health plan, and a health 
     insurance issuer providing health insurance coverage in 
     connection with a group health plan, shall ensure that 
     coverage is provided for infertility benefits.
       ``(b) Infertility Benefits.--In subsection (a), the term 
     `infertility benefits' at a minimum includes--
       ``(1) diagnostic testing and treatment of infertility;
       ``(2) drug therapy, artificial insemination, and low tubal 
     ovum transfers;
       ``(3) in vitro fertilization, intra-cytoplasmic sperm 
     injection, gamete donation, embryo donation, assisted 
     hatching, embryo transfer, gamete intra-fallopian tube 
     transfer, zygote intra-fallopian tube transfer; and
       ``(4) any other medically indicated nonexperimental 
     services or procedures that are used to treat infertility or 
     induce pregnancy.
       ``(c) In Vitro Fertilization.--
       ``(1) Limitation.--
       ``(A) In general.--Subject to subparagraph (B), coverage of 
     procedures under subsection (b)(3) may be limited to 4 
     completed embryo transfers.
       ``(B) Additional transfers.--If a live birth follows a 
     completed embryo transfer under a procedure described in 
     subparagraph (A), not less than 2 additional completed embryo 
     transfers shall be provided.
       ``(2) Requirement.--Coverage of procedures under subsection 
     (b)(3) shall be provided if--
       ``(A) the individual has been unable to attain or sustain a 
     successful pregnancy through reasonable, less costly 
     medically appropriate covered infertility treatments; and
       ``(B) the procedures are performed at medical facilities 
     that conform with the minimal guidelines and standards for 
     assisted reproductive technology of the American College of 
     Obstetric and Gynecology or the American Society for 
     Reproductive Medicine.
       ``(d) Prohibitions.--A group health plan, and a health 
     insurance issuer providing health insurance coverage in 
     connection with a group health plan, may not--
       ``(1) deny to an individual eligibility, or continued 
     eligibility, to enroll or to renew coverage under the terms 
     of the plan because of the individual's or enrollee's use or 
     potential use of items or services that are covered in 
     accordance with the requirements of this section;
       ``(2) provide monetary payments or rebates to a covered 
     individual to encourage such individual to accept less than 
     the minimum protections available under this section; or
       ``(3) provide incentives (monetary or otherwise) to a 
     health care professional to induce such professional to 
     withhold from a covered individual services described in 
     subsection (a).
       ``(e) Rules of Construction.--
       ``(1) In general.--Nothing in this section shall be 
     construed--
       ``(A) as preventing a group health plan and a health 
     insurance issuer providing health insurance coverage in 
     connection with a group health plan from imposing 
     deductibles, coinsurance, or other cost-sharing or 
     limitations in relation to benefits for services described in 
     this section under the plan, except that such a deductible, 
     coinsurance, or other cost-sharing or limitation for any such 
     service may not be greater than such a deductible, 
     coinsurance, or cost-sharing or limitation for any similar 
     service otherwise covered under the plan;
       ``(B) as requiring a group health plan and a health 
     insurance issuer providing health insurance coverage in 
     connection with a group health plan to cover experimental or 
     investigational treatments of services described in this 
     section, except to the extent that the plan or issuer 
     provides coverage for other experimental or investigational 
     treatments or services.
       ``(2) Limitations.--As used in paragraph (1), the term 
     `limitation' includes restricting the type of health care 
     professionals that may provide such treatments or services.
       ``(f) Notice Under Group Health Plan.--The imposition of 
     the requirements of this section shall be treated as a 
     material modification in the terms of the plan described in 
     section 102(a)(1), for purposes of assuring notice of such 
     requirements under the plan, except that the summary 
     description required to be provided under the last sentence 
     of section 104(b)(1) with respect to such modification shall 
     be provided by not later than 60 days after the first day of 
     the first plan year in which such requirements apply.''.
       (b) Clerical Amendment.--The table of contents in section 1 
     of the Employee Retirement Income Security Act of 1974 (29 
     U.S.C. 1001 note) is amended by inserting after the item 
     relating to section 713 the following new item:

``Sec. 714. Required coverage for infertility benefits for federal 
              employees health benefits plans.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply with respect to plan years beginning on or after 
     January 1, 2001.

     SEC. 4. PUBLIC HEALTH SERVICE ACT.

       (a) In General.--Subpart 2 of part A of title XXVII of the 
     Public Health Service Act (42 U.S.C. 300gg-4 et seq.) is 
     amended by adding at the end the following:

     ``SEC. 2707. REQUIRED COVERAGE FOR INFERTILITY BENEFITS.

       ``(a) In General.-- A group health plan, and a health 
     insurance issuer providing health insurance coverage in 
     connection with a group health plan, shall ensure that 
     coverage is provided for infertility benefits.
       ``(b) Infertility Benefits.--In subsection (a), the term 
     `infertility benefits' at a minimum includes--
       ``(1) diagnostic testing and treatment of infertility;
       ``(2) drug therapy, artificial insemination, and low tubal 
     ovum transfers;
       ``(3) in vitro fertilization, intra-cytoplasmic sperm 
     injection, gamete donation, embryo donation, assisted 
     hatching, embryo transfer, gamete intra-fallopian tube 
     transfer, zygote intra-fallopian tube transfer; and
       ``(4) any other medically indicated nonexperimental 
     services or procedures that are used to treat infertility or 
     induce pregnancy.
       ``(c) In Vitro Fertilization.--
       ``(1) Limitation.--
       ``(A) In general.--Subject to subparagraph (B), coverage of 
     procedures under subsection (b)(3) may be limited to 4 
     completed embryo transfers.
       ``(B) Additional transfers.--If a live birth follows a 
     completed embryo transfer under a procedure described in 
     subparagraph (A), not less than 2 additional completed embryo 
     transfers shall be provided.
       ``(2) Requirement.--Coverage of procedures under subsection 
     (b)(3) shall be provided if--
       ``(A) the individual has been unable to attain or sustain a 
     successful pregnancy through reasonable, less costly 
     medically appropriate covered infertility treatments; and
       ``(B) the procedures are performed at medical facilities 
     that conform with the minimal guidelines and standards for 
     assisted reproductive technology of the American College of 
     Obstetric and Gynecology or the American Society for 
     Reproductive Medicine.
       ``(d) Prohibitions.--A group health plan, and a health 
     insurance issuer providing health insurance coverage in 
     connection with a group health plan, may not--
       ``(1) deny to an individual eligibility, or continued 
     eligibility, to enroll or to renew coverage under the terms 
     of the plan because of the individual's or enrollee's use or 
     potential use of items or services that are covered in 
     accordance with the requirements of this section;
       ``(2) provide monetary payments or rebates to a covered 
     individual to encourage such individual to accept less than 
     the minimum protections available under this section; or
       ``(3) provide incentives (monetary or otherwise) to a 
     health care professional to induce such professional to 
     withhold from a covered individual services described in 
     subsection (a).
       ``(e) Rules of Construction.--
       ``(1) In general.--Nothing in this section shall be 
     construed--
       ``(A) as preventing a group health plan and a health 
     insurance issuer providing health insurance coverage in 
     connection with a group health plan from imposing 
     deductibles, coinsurance, or other cost-sharing or 
     limitations in relation to benefits for services described in 
     this section under the plan, except that such a deductible, 
     coinsurance, or other cost-sharing or limitation for any such 
     service may not be greater than such a deductible, 
     coinsurance, or cost-sharing or limitation for any similar 
     service otherwise covered under the plan;
       ``(B) as requiring a group health plan and a health 
     insurance issuer providing health insurance coverage in 
     connection with a group health plan to cover experimental or 
     investigational treatments of services described in this 
     section, except to the extent that the plan or issuer 
     provides coverage for other experimental or investigational 
     treatments or services.
       ``(2) Limitations.--As used in paragraph (1), the term 
     `limitation' includes restricting the type of health care 
     professionals that may provide such treatments or services.

[[Page 2025]]

       ``(f) Notice Under Group Health Plan.--The imposition of 
     the requirements of this section shall be treated as a 
     material modification in the terms of the plan described in 
     section 102(a)(1), for purposes of assuring notice of such 
     requirements under the plan, except that the summary 
     description required to be provided under the last sentence 
     of section 104(b)(1) with respect to such modification shall 
     be provided by not later than 60 days after the first day of 
     the first plan year in which such requirements apply.''.
       (b) Individual Market.--Part B of title XXVII of the Public 
     Health Service Act (42 U.S.C. 300gg-41 et seq.) is amended--
       (1) by redesignating the first subpart 3 (relating to other 
     requirements) as subpart 2; and
       (2) by adding at the end of subpart 2 the following new 
     section:

     ``SEC. 2753. REQUIRED COVERAGE FOR INFERTILITY BENEFITS.

       ``The provisions of section 2707 shall apply to health 
     insurance coverage offered by a health insurance issuer in 
     the individual market in the same manner as they apply to 
     health insurance coverage offered by a health insurance 
     issuer in connection with a group health plan in the small or 
     large group market.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply with respect to health insurance coverage 
     offered, sold, issued, renewed, in effect, or operated on or 
     after January 1, 2001.

     SEC. 5. REQUIRED COVERAGE FOR INFERTILITY BENEFITS FOR 
                   FEDERAL EMPLOYEES HEALTH BENEFITS PLANS.

       (a) Types of Benefits.--Section 8904(a)(1) of title 5, 
     United States Code, is amended by adding at the end the 
     following:
       ``(G) Infertility benefits.''.
       (b) Health Benefits Plan Contract Requirement.--Section 
     8902 of title 5, United States Code, is amended by adding at 
     the end the following:
       ``(p)(1) Each contract under this chapter shall include a 
     provision that ensures infertility benefits as provided under 
     this subsection.
       ``(2) Infertility benefits under this subsection shall 
     include--
       ``(A) diagnostic testing and treatment of infertility;
       ``(B) drug therapy, artificial insemination, and low tubal 
     ovum transfers;
       ``(C) in vitro fertilization, intra-cytoplasmic sperm 
     injection, gamete donation, embryo donation, assisted 
     hatching, embryo transfer, gamete intra-fallopian tube 
     transfer, zygote intra-fallopian tube transfer; and
       ``(D) any other medically indicated nonexperimental 
     services or procedures that are used to treat infertility or 
     induce pregnancy.
       ``(3)(A)(i) Subject to clause (ii), procedures under 
     paragraph (2)(C) shall be limited to 4 completed embryo 
     transfers.
       ``(ii) If a live birth follows a completed embryo transfer, 
     2 additional completed embryo transfers shall be provided.
       ``(B) Procedures under paragraph (2)(C) shall be provided 
     if--
       ``(i) the individual has been unable to attain or sustain a 
     successful pregnancy through reasonable, less costly 
     medically appropriate covered infertility treatments; and
       ``(ii) the procedures are performed at medical facilities 
     that conform with the minimal guidelines and standards for 
     assisted reproductive technology of the American College of 
     Obstetric and Gynecology or the American Society for 
     Reproductive Medicine.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to contract years beginning on or after January 
     1, 2001.
                                 ______
                                 
      By Mr. CAMPBELL (for himself, Mr. Daschle, Mr. Craig, Mr. Biden, 
        Mr. Bunning, Mr. Conrad, Ms. Landrieu, Mr. Kerrey, Mr. Gregg, 
        Ms. Collins, Mr. Hutchinson, and Mrs. Hutchison):
  S. 2161. A bill to amend the Internal Revenue Code of 1986 to impose 
a 1 year moratorium on certain diesel fuel excise taxes and to require 
the Secretary of the Treasury to transfer amounts to the Highway Trust 
Fund to cover any shortfall; to the Committee on Finance.


american transportation recovery and highway trust fund protection act 
                                of 2000

  Mr. CAMPBELL. Mr. President, today I am introducing the ``American 
Transportation Recovery and Highway Trust Fund Protection Act of 
2000.'' This is a new revised version of S. 2090 which I introduced on 
February 24, 2000, to address the escalating prices of fuel which 
supports our nation's truckers, farmers, public transportation, and 
other users.
  Based on discussions with my colleagues and testimony presented at 
this morning's Senate Energy and Natural Resources Committee hearing, I 
have drafted a new bill which would replace the lost revenues from the 
temporary suspension of the excise tax with monies from the budget 
surplus in the general fund to fully protect the Highway Trust Fund. 
Similar to the original bill, S. 2090, my new bill still would 
temporarily suspend the federal excise tax on diesel fuel for one year 
or until the price of crude oil is reduced to the December 31, 1999 
level.
  Americans fought their war in the Persian Gulf, lives were lost out 
in the sand, some came home with undiagnosed illnesses, defended them 
from their cousins while the Kuwaiti ruling family relaxed, and this is 
how we get repaid, with soaring fuel costs, jeopardizing America's 
livelihood.
  While OPEC grows fat, Americans are growing thin, not because they 
want to, but because they have to choose between food or heating oil. 
Nice choice for some Americans, freeze or starve? The American people 
deserve better.
  This problem will continually revisit us as long as we are dependent 
on foreign oil. I have seen news reports that OPEC will not boost 
production at least until July, and that quote came from Iran's oil 
minister. Norway, who is not a member of OPEC and is the world's second 
largest oil exporter, made no promise to increase oil production 
either. It is unfortunate that we, a global super power, are reduced to 
begging.
  One of the things I have learned in my time in Congress is that too 
often we get bogged down in the details. The current fuel crisis an 
example where the discussion tends toward international price fixing 
and our foreign dependence, rather than focusing on the daily effect on 
American people.
  If we do not recognize the economic devastation the skyrocketing cost 
of fuel is already taking, wait until shipping by truck, rail, and ship 
starts to collapse. The total value of freight carried by truckers in 
1996 was approximately $368 billion. This number would be higher today, 
but these were the most recent numbers that CRS could provide. If these 
current increases in oil prices do not stop, some trucks can not afford 
to run. If just 10 percent of the trucks on the road stop running, if 
you do the general math, it could amount to a $36.8 billion value 
decrease in freight. This is a hit to the economy I do not want to see. 
If the rigs stop rolling, this nation stops rolling.
  Also, if we do not recognize the national security component of being 
dependent on OPEC oil, I want to know how many more American lives we 
have to risk to recognize it? We should have to grovel in front of the 
altars of the almighty oil ministries.
  I urge my colleagues to support prompt passage of this bill to 
provide immediate relief for America's truckers, farmers, and other 
diesel fuel users. I ask unanimous consent that the bill be printed in 
the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2161

       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 ``American Transportation 
     Recovery and Highway Trust Fund Protection Act of 2000''.

     SEC. 2. 1 YEAR MORATORIUM ON CERTAIN DIESEL FUEL EXCISE 
                   TAXES.

       (a) In General.--Section 4081(d) of the Internal Revenue 
     Code of 1986 (relating to termination) is amended--
       (1) by redesignating paragraphs (2) and (3) as paragraphs 
     (3) and (4), respectively,
       (2) by inserting after paragraph (1) the following new 
     paragraph:
       ``(2) Diesel fuel.--The rate of tax specified in subsection 
     (a)(2)(A)(iii) with respect to diesel fuel shall be--
       ``(A) zero during the 1 year period beginning on the date 
     of the enactment of this paragraph, and
       ``(B) 4.3 cents per gallon after September 30, 2005.'', and
       (3) by striking ``clauses (i) and (iii) of subsection 
     (a)(2)(A)'' in paragraph (1) and inserting ``subsections 
     (a)(2)(A)(i) and (a)(2)(A)(iii) with respect to kerosene''.
       (b) Conforming Amendments.--
       (1) Subclause (I) of section 4041(a)(1)(C)(iii) of the 
     Internal Revenue Code of 1986 (relating to rate of tax on 
     certain buses) is amended by striking ``shall be 7.3 cents 
     per gallon (4.3 cents per gallon after September 30, 2005).'' 
     and inserting ``shall be--
       ``(aa) zero during the 1 year period beginning on the date 
     of the enactment of the American Transportation Recovery and 
     Highway Trust Fund Protection Act of 2000,
       ``(bb) 7.3 cents per gallon after the end of the 1 year 
     period under item (aa), and before October 1, 2005, and
       ``(cc) 4.3 cents per gallon after September 30, 2005.''.

[[Page 2026]]

       (2) Section 4081(c)(6) of such Code is amended by inserting 
     ``(other than paragraph (5))'' after ``subsection''.
       (3) Section 6412(a)(1) of such Code is amended--
       (A) by inserting ``(the date of the enactment of the 
     American Transportation Recovery and Highway Trust Fund 
     Protection Act of 2000, in the case of diesel fuel)'' after 
     ``October 1, 2005'' both places it appears,
       (B) by inserting ``(the date which is 6 months after the 
     date of the enactment of such Act, in the case of diesel 
     fuel) after ``March 31, 2006'' both places it appears, and
       (C) by inserting ``(the date which is 3 months after the 
     date of the enactment of such Act, in the case of diesel 
     fuel) after ``January 1, 2006''.
       (4) Section 6427(f)(4) of such Code is amended by inserting 
     ``(during the 1 year period beginning on the date of the 
     enactment of the American Transportation Recovery and Highway 
     Trust Fund Protection Act of 2000, in the case of diesel 
     fuel)'' after ``September 30, 2007''.
       (c) Effective Date.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall take effect on the date 
     of the enactment of this section.
       (2) Decrease in Crude Oil Prices.--If the Secretary of 
     Treasury determines that the average refiner acquisition 
     costs for crude oil are equal to or less than such costs were 
     on December 31, 1999, the amendments made by this section 
     shall cease to take effect and the Internal Revenue Code 
     shall be administered as if such amendments did not take 
     effect.

     SEC. 3. TRANSFER OF AMOUNTS TO HIGHWAY TRUST FUND TO COVER 
                   SHORTFALL DUE TO MORATORIUM.

       The Secretary of the Treasury shall from time to time 
     transfer from the general fund, out of amounts not otherwise 
     appropriated, to the Highway Trust Fund (established under 
     section 9503 of the Internal Revenue Code of 1986) amounts 
     equal to the amounts which the Secretary determines are not 
     appropriated to such Fund as a result of the amendments made 
     by section 2 of this Act.
                                 ______
                                 
      By Mr. GORTON:
  S. 2163. A bill to provide for a study of the engineering feasibility 
of a water exchange in lieu of electrification of the chandler Pumping 
Plant at Prosser Diversion Dam, Washington; to the Committee on Indian 
Affairs.


              yakima river basin water enhancement program

 Mr. GORTON. Mr. President, today I am introducing legislation 
that will amend the Yakima River Basin Water Enhancement Program 
(YRBWEP), first approved by Congress in 1994 (PL 103-434). That 
legislation established a comprehensive framework for increasing 
critical flows in the Yakima River in order to reverse a longstanding 
trend of declining salmon and steelhead runs.
  One portion of that legislation, Section 1208, authorized a specific 
project to electrify hydraulic turbines at the Chandler Pumping Plant 
near Prosser, Washington. By converting these pumps from hydraulic to 
electrical power, an additional 400 second feet of water would be added 
to a 12-mile stretch of the Yakima River below Prosser Dam called 
Chandler Reach. This project would increase survival rates and provide 
important new habitat for both the anadramous and resident fisheries in 
this critical section of the Yakima River. This electrification project 
is still a good approach to augmenting Yakima River flows, but early in 
its implementation an even better idea was developed that can nearly 
double the benefits projected from electrification.
  This new approach could result in completely eliminating the need to 
divert water at Prosser Dam and Wanawish Dam for use by the Kennewick 
Irrigation District (K.I.D.) and the Columbia River Irrigation District 
(C.I.D.). This plan will require building a new pumping plant on the 
Columbia River and a pipeline to connect this new facility to K.I.D. 
This approach could add back to the Yakima River during critical flow 
periods the entire 759 second feet of water now diverted at Prosser 
Dam. This project might well be the key to the success of the rest of 
the YRBWEP program. For the extensive efforts being made farther 
upstream to be entirely successful, the lower sections of the Yakima 
River must provide the conditions necessary for salmon and steelhead to 
survive their journey to and from the upper river and its tributaries. 
The Chandler Reach and the lower Yakima must have sufficient water at 
the right time for anadromous fish to be able to transit this area. 
Without it, the programs upstream will be less effective.
  The legislation I will introduce today authorizes the Bureau of 
Reclamation to spend some of the funds previously authorized for the 
electrification project to develop this new approach. There are several 
studies and undertakings necessary to determine with certainty the 
efficacy and cost of this pump exchange project. These include carrying 
out a feasibility study, including an estimate of project benefits, an 
environmental impact analysis, and preparing a feasibility level design 
and cost estimate as well as securing critical right-of-way areas and 
such other studies as may be required.
  This change in approach to enhancing flows in the lower Yakima is 
enthusiastically supported by the resource agencies of the State of 
Washington, including the Washington State Department of Ecology, as 
well as by the National Marine Fisheries Service, the United States 
Fish and Wildlife Service, and many other primary stakeholders on the 
Yakima River, such as the Yakama Indian Nation. To date all 
organizations and agencies contacted want to see the necessary work 
done to develop this project further, and this legislation will provide 
the crucial resources to complete the feasibility and engineering 
studies.
                                 ______
                                 
      By Mr. KENNEDY.
  S. 2166. A bill to suspend until June 30, 2003, the duty on 
transformers for use in certain radiobroadcast receivers with compact 
disc players and capable of receiving signals on AM and FM frequencies; 
to the Committee on Finance.


   LEGISLATION TO PROVIDE FOR A TEMPORARY DUTY SUSPENSION ON CERTAIN 
                                PRODUCTS

 Mr. KENNEDY. 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. 2166

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

     SECTION 1. SUSPENSION OF DUTY ON TRANSFORMERS FOR USE IN 
                   CERTAIN RADIOBROADCAST RECEIVERS WITH COMPACT 
                   DISC PLAYERS AND CAPABLE OF RECEIVING SIGNALS 
                   ON AM AND FM FREQUENCIES.

       (a) In General.--Subchapter II of chapter 99 of the 
     Harmonized Tariff Schedule of the United States is amended by 
     inserting in numerical sequence the following new heading:
       

``  9902.85.05.....  120/60Hz          Free...........  No change.......  No change.......  On or before   6/
                      electrical                                                             30/2003........  ''
                      transformers                                                                             .
                      (provided for
                      in subheading
                      8504.31.40),
                      with dimensions
                      not exceeding
                      51.7mm by 78mm
                      by 91mm and
                      each containing
                      a layered and
                      uncut round
                      core with two
                      balanced
                      bobbins,
                      imported for
                      use as
                      components in
                      radio recorder
                      combinations,
                      incorporating
                      optical disc
                      (including
                      compact disc)
                      players or
                      recorders
                      (provided for
                      in subheading
                      8527.31.60),
                      the foregoing
                      which include a
                      resonant system
                      tuned to at
                      least five
                      audible
                      frequencies....


[[Page 2027]]

       (b) Effective Date.--The amendment made by subsection (a) 
     applies with respect to goods entered, or withdrawn from 
     warehouse for consumption, on or after the 15th day after the 
     date of the enactment of this Act.
                                 ______
                                 
      By Mr. KENNEDY:
  S. 2167. A bill to suspend until June 30, 2003, the duty on 
transformers for use in certain radiobroadcast receivers capable of 
receiving signals on AM and FM frequencies; to the Committee on Finance


         to provide for a temporary duty suspension for certain 
                                products

  Mr. KENNEDY. 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. 2167

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

     SECTION 1. SUSPENSION OF DUTY ON TRANSFORMERS FOR USE IN 
                   CERTAIN RADIOBROADCAST RECEIVERS CAPABLE OF 
                   RECEIVING SIGNALS ON AM AND FM FREQUENCIES.

       (a) In General.--Subchapter II of chapter 99 of the 
     Harmonized Tariff Schedule of the United States is amended by 
     inserting in numerical sequence the following new heading:


``  9902.85.04.....  120/60Hz          Free...........  No change.......  No change.......  On or before   6/
                      electrical                                                             30/2003........  ''
                      transformers                                                                             .
                      (provided for
                      in subheading
                      8504.31.40),
                      with dimensions
                      not exceeding
                      78mm by 64.5mm
                      by 88.7mm and
                      containing
                      stacked EI
                      laminations
                      with an
                      integral
                      bobbin,
                      imported for
                      use as
                      components in
                      radiobroadcast
                      receivers with
                      digital clock
                      or clock-timer,
                      valued over $40
                      each (provided
                      for in
                      subheading
                      8527.32.50),
                      the foregoing
                      which include a
                      resonant system
                      tuned to at
                      least five
                      audible
                      frequencies....

       (b) Effective Date.--The amendment made by subsection (a) 
     applies with respect to goods entered, or withdrawn from 
     warehouse for consumption, on or after the 15th day after the 
     date of the enactment of this Act.
                                 ______
                                 
      By Mr. LAUTENBERG:
  S. 2178. A bill to amend the Higher Education Act of 1965 to require 
colleges and universities to disclose to students and their parents the 
incidents of fires in dormitories, and their plans to reduce fire 
safety hazards in dormitories, to require the United States Fire 
Administration to establish fire safety standards for dormitories, and 
for other purposes; to the Committee on Health, Education, Labor, and 
Pensions.


                       fire safe dorm act of 2000

 Mr. LAUTENBERG. Mr. President, I rise to introduce the Fire 
Safe Dorm Act of 2000. I am pleased that my colleagues in the House, 
Representatives Carolyn Maloney and Rush Holt, will join me in offering 
this important legislation.
  On Wednesday, January 19, 2000, a fire in a Seton Hall University 
dormitory claimed the lives of three students and injured 58 others, 
including at least 54 students, two police officers and two 
firefighters. The dormitory, Boland hall, was built in 1952, and 
although it was equipped with smoke detectors, it was not required to 
be equipped with a fire sprinkler system.
  Nothing is as painful as a senseless accident that takes the lives of 
young people. And unfortunately, the Seton Hall community is not alone 
in its grief. In fact, in the last decade, at least 18 young people 
lost their lives in dormitory fires. We must do all we can to prevent 
future tragedies. Students have a fundamental right to pursue an 
education in a safe, secure environment. Parents have a right to know 
that their children are protected from harm while on school property.
  That is why I am pleased to offer the Fire Safe Dorm Act of 2000. 
This legislation is straightforward. It takes two important steps to 
ensure the safety of student housing.
  First, the bill requires nationwide standards. Under the Fire Safe 
Dorm Act, the U.S. Fire Administration would develop comprehensive 
standards for dormitory fire safety. These standards would include such 
safety devices as fire sprinklers, smoke detectors, and flame resistant 
furniture and mattresses. Colleges and universities would be required 
to develop plans to adopt these new standards within 10 years of the 
bill's enactment.
  Second, the Fire Safe Dorm Act requires disclosure. It requires 
colleges and universities to tell students, prospective students, and 
their parents, about the safety of campus housing. Specifically, are 
dormitories equipped with sprinklers? Are the furniture and mattresses 
fire resistant? Learning institutions are already required to disclose 
statistics about crime on campus. They should also have to tell the 
public about the steps they've taken to protect students from fire.
  Mr. President, the Fire Safe Dorm Act takes important steps to 
safeguard against another tragedy like the fire at Seton Hall. I urge 
all my colleagues to support this important measure.
  I ask unanimous consent that the text of the Fire Safe Dorm Act of 
2000 be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2178

       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 ``Fire Safe Dorm Act of 
     2000''.
        TITLE I--OBLIGATIONS OF INSTITUTIONS OF HIGHER EDUCATION

     SEC. 101. IMPROVED DISCLOSURE OF FIRES AND FIRE PREVENTION 
                   MEASURES IN COLLEGE DORMITORIES.

       Section 485(f) of the Higher Education Act of 1965 (20 
     U.S.C. 1092(f)) is amended--
       (1) in paragraph (1), by adding at the end the following 
     new subparagraphs:
       ``(I) Statistics concerning the occurrence of fires and 
     fire alarms in dormitories on campus during the most recent 
     calendar year, and during the 5 preceding calendar years for 
     which data are available.
       ``(J) A statement describing whether the institutions' 
     dormitory rooms currently have sprinklers, smoke detectors, 
     and furniture made of flame retardant material.'';
       (2) in paragraph (4), by adding at the end the following 
     new subparagraph:
       ``(C) Each institution participating in any program under 
     this title shall make, keep, and maintain a daily log, 
     written in a form that can be easily understood, recording 
     all fires reported to local fire departments, including the 
     nature, date, time, and general location of each fire. Such 
     logs shall be open to public inspection.''; and
       (3) in paragraph (5)--
       (A) in the matter preceding subparagraph (A), by inserting 
     ``or paragraph (1)(I)'' after ``paragraph (1)(F)''; and
       (B) in subparagraph (C), by inserting ``and campus fires'' 
     after ``campus crime''.

     SEC. 102. DISCLOSURE OF PLANS TO BRING RESIDENTIAL FACILITIES 
                   INTO COMPLIANCE WITH NEW BUILDING CODES.

       Section 485(a)(1) of the Higher Education Act of 1965 (20 
     U.S.C. 1092) is amended--
       (1) by striking ``and'' at the end of subparagraph (N);
       (2) by striking the period at the end of subparagraph (O) 
     and inserting ``; and''; and
       (3) by adding at the end the following new subparagraph:
       ``(P) a summary of the specific plans that the institution 
     has adopted for construction or renovation to ensure that all 
     campus residential facilities comply, by January 1, 2010, 
     with the standards established by the Administrator of the 
     United States Fire Administration under section 201 of the 
     Fire Safe Dorm Act of 2000.''.

[[Page 2028]]



     SEC. 103. COMPLIANCE WITH FIRE SAFETY STANDARDS FOR 
                   DORMITORIES.

       Section 487(a) of the Higher Education Act of 1965 (20 
     U.S.C. 1094(a)) is amended by adding at the end the following 
     new paragraph:
       ``(24) The institution will adopt, within 10 years after 
     the date of enactment of the Fire Safe Dorm Act of 2000, 
     plans to install sprinklers, smoke detectors, and open flame 
     resistant furniture in dormitories in compliance with the 
     standards established by the Administrator of the United 
     States Fire Administration under section 201 of such Act.''.

     SEC. 104. EXEMPTION.

       The amendments made by this title shall not be construed to 
     require the installation of sprinklers in any building or 
     other structure that is listed on the National Register for 
     Historic Places as maintained by the National Park Service 
     under the authority of the National Historic Preservation Act 
     (16 U.S.C. 470 et seq.), if such installation would destroy 
     historic materials, features, and spatial relationships that 
     characterize the historic nature of the property. The 
     Secretary of Education shall determine disputes concerning 
     the application of this exemption by reference of the matter 
     to the Secretary of the Interior.
               TITLE II--DORMITORY FIRE SAFETY STANDARDS

     SEC. 201. STANDARDS.

       (a) Establishment.--Not later than 6 months after the date 
     of the enactment of this Act, the Administrator of the United 
     States Fire Administration shall establish measurable 
     standards for dormitory fire safety. Such standards shall 
     include mandatory fire sprinklers, smoke detectors, and open 
     flame resistant furniture and mattresses.
       (b) Outreach.--The Administrator of the United States Fire 
     Administration shall undertake appropriate activities to 
     encourage the adoption by State and local authorities of the 
     standards established under subsection (a).
                                 ______
                                 
      By Mr. ABRAHAM:
  S. 2180. A bill to repeal the increase in the tax on social security 
benefits, to eliminate the earnings test for individuals who have 
attained retirement age, and to gradually raise the age for required 
minimum distributions from pension plans, and for other purposes; to 
the Committee on Finance.


               the senior citizens' financial freedom act

  Mr. ABRAHAM. Mr. President, I rise today to introduce the Senior 
Citizens' Financial Freedom Act, a bill which would accomplish three 
objectives. First, it rolls back the Clinton Administration's 1993 tax 
increase on Social Security benefits. Second, it repeals the Social 
Security Earnings Test working penalty on Seniors. Finally, it returns 
to our Seniors the ability to control their own savings, by increasing 
the age when minimum IRA distributions must begin, from 70\1/2\ to 85.
  Mr. President, our tax code mercilessly penalizes Seniors. In fact, 
Seniors are double taxed. First the government takes money from their 
paycheck to pay for the Social Security system. Then, when the senior 
receives their benefits, they are taxed again. The Government also 
penalizes Seniors for working by placing an ``Earnings Test'' just to 
receive Social Security benefits. Finally, the Government forces 
Seniors to withdraw benefits from their IRAs, whether they want to or 
not, and penalizes them with a 50% tax if they do not.
  This is immoral, illogical and simply wrong.
  Mr. President, I applaud our colleagues in the House for passing a 
bill to eliminate the Social Security Earnings Test, which takes away 
Social Security benefits simply because a 60 year old works. We should 
be celebrating those between 60 and 70 years old who can work, but 
instead, we punish them. For a Senior between 60 and 65, if they earn 
over $9,600 in income beyond Social Security benefits (which is just 
above the poverty level), they lose 50% of their benefits. For those 
between 65 and 70 years old, they lose 33% of their benefits for 
earning over $15,500. It's not until they turn 70 can they both work 
and keep their benefits. This represents a marginal tax rate for 
someone under 65 of almost 60%. While I agree that the Earnings Test 
must be eliminated, Congress should go beyond this.
  In 1993, President Clinton proposed, and the Democratic-controlled 
Congress passed by one vote, a 70% increase on Social Security 
benefits. These benefits should not be taxed at all, but the fact that 
they were raised so much gives us the opportunity, during these large 
surpluses, to provide immediate relief for our Seniors. When coupled 
with the Earnings Test, these two taxes can result in some couples 
suffering under a 103% marginal tax rate. Seniors could lose more than 
a dollar for making another dollar.
  Finally, Mr. President, we must amend the IRA distribution 
requirements. When a person reaches 70\1/2\ years old, the Government 
forces them to begin taking out money from their IRA, which they 
personally have saved up for it's their money. They have to take all of 
it out of their account within their life expectancy at the time they 
start making withdrawals, which for someone 70\1/2\, is currently about 
15 years. They must make these withdrawals whether they need to do so 
or not. And if they do not take out the money, or cannot because 
they're invested in long-term projects, they lose 50% of the money to 
punitive taxes. Essentially, they are penalized for their foresight in 
saving for retirement, and their industry for finding other sources of 
income than these retirement assets. Mr. President, this is a policy 
that only the federal government could think up, and it comes from the 
bureaucratic mentality that says the people's money belongs to the 
government, and not the people. What is particularly worrisome, is that 
although the current rules assume someone 70\1/2\ has a life expectancy 
of 15 years, people are living longer and retiring later, and these 
rules could result in individuals not having the money available when 
they really do need it.
  Mr. President, I ask my colleagues to support reducing the tax burden 
on Seniors, to give those Seniors who want to work the freedom to work, 
without the fear of penalty and to restore their control over their 
savings. In short, I ask my colleagues to restore to Seniors their 
financial freedom.

                          ____________________