SA 3703. Mr. GREGG submitted an amendment intended to be proposed by him to the bill H.R. 2419, to provide for the continuation of agricultural programs through fiscal year 2012, and for other purposes; which was ordered to lie on the table; as follows:

Beginning on page 1363, strike line 7 and all that follows through page 1395, line 19 and insert the following:
Subtitle A--Individuals With Disabilities Education Trust Fund


SEC. 12101. ASSISTANCE FOR EDUCATING INDIVIDUALS WITH DISABILITIES.
The Trade Act of 1974 (19 U.S.C. 2101 et seq.) is amended by adding at the end the following:
``TITLE IX--ASSISTANCE FOR EDUCATING INDIVIDUALS WITH DISABILITIES


``SEC. 901. INDIVIDUALS WITH DISABILITIES EDUCATION TRUST FUND.
``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Individuals with Disabilities Education Trust Fund', consisting of such amounts as may be appropriated or credited to such Trust Fund as provided in this section.
``(b) Transfer to Trust Fund.--
``(1) IN GENERAL.--There are appropriated to the Individuals with Disabilities Education Trust Fund amounts equivalent to 3.34 percent of the amounts received in the general fund of the Treasury of the United States during fiscal years 2008 through 2012 attributable to the duties collected on articles entered, or withdrawn from warehouse, for consumption under the Harmonized Tariff Schedule of the United States.
``(2) AMOUNTS BASED ON ESTIMATES.--The amounts appropriated under this section shall be transferred at least monthly from the general fund of the Treasury of the United States to the Individuals with Disabilities Education Trust Fund on the basis of estimates made by the Secretary of the Treasury. Proper adjustments shall be made in the amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts
required to be transferred.
``(c) Reports.--The Secretary of the Treasury shall be the trustee of the Individuals with Disabilities Education Trust Fund and shall submit an annual report to Congress each year on the financial condition and the results of the operations of such Trust Fund during the preceding fiscal year and on its expected condition and operations during the 5 fiscal years succeeding such fiscal year. Such report shall be printed as a House document of the session of Congress to which the report
is made.
``(d) Expenditures From Trust Fund.--Amounts in the Individuals with Disabilities Education Trust Fund shall be available to the Secretary of Education to carry out part B of the Individuals with Disabilities Education Act (20 U.S.C. 1411 et seq.).
``(e) Authority to Borrow.--
``(1) IN GENERAL.--There are authorized to be appropriated, and are appropriated, to the Individuals with Disabilities Education Trust Fund, as repayable advances, such sums as may be necessary to carry out the purposes of such Trust Fund.
``(2) REPAYMENT OF ADVANCES.--
``(A) IN GENERAL.--Advances made to the Individuals with Disabilities Education Trust Fund shall be repaid, and interest on such advances shall be paid, to the general fund of the Treasury when the Secretary determines that moneys are available for such purposes in such Trust Fund.
``(B) RATE OF INTEREST.--Interest on advances made pursuant to this subsection shall be--
``(i) at a rate determined by the Secretary of the Treasury (as of the close of the calendar month preceding the month in which the advance is made) to be equal to the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the anticipated period during which the advance will be outstanding, and
``(ii) compounded annually.''.


(As printed in the Congressional Record for the Senate on Nov 15, 2007.)