[Congressional Record Volume 141, Number 104 (Friday, June 23, 1995)]
[Senate]
[Pages S8997-S9004]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. SANTORUM:
  S. 960. A bill to amend title 18, United States Code, to exempt 
qualified current and former law enforcement officers from State laws 
prohibiting the carrying of concealed handguns, and for other purposes; 
to the Committee on the Judiciary.


              THE 1995 COMMUNITY PROTECTION INITIATIVE ACT

 Mr. SANTORUM. Mr. President, today I am introducing the 1995 
Community Protection Initiative Act, a bill

[[Page S8998]]

to aid in the fight against crime in America. This bill exempts 
qualified current and former law enforcement officers from state laws 
prohibiting the carrying of concealed weapons. The effect is to 
increase law enforcement potential by making thousands of highly 
trained law enforcement personnel available to deter crime in emergency 
situations, all at no additional cost to the taxpayer. We will strike a 
strong blow for crime prevention without further burdening the Federal 
budget.
  Further, this bill eliminates jurisdictional limitations and provides 
a clear and uniform rule to replace a complex variety of State and 
local laws. In an increasingly mobile society, it is important to 
eliminate confusion and provide these public servants the opportunity 
to react in a way that protects potential victims of crime throughout 
the country.
  This is a commonsense and cost-effective step in the direction of 
crime control. To do otherwise would be similar to preventing someone 
trained in CPR from assisting a dying person merely because he or she 
was licensed in another jurisdiction. Law enforcement personnel are 
trained to think in a manner that protects lives. We need to allow them 
to act in the same manner by lifting current regulatory burdens.
  This bill takes the precautions necessary to ensure that former and 
retired law enforcement officers have been properly trained in the use 
of firearms, have proper identification, and were in good standing 
during their prior employment. Moreover, the bill allows them to 
protect themselves, their families, and other citizens in need of 
assistance.
  I look forward to enactment of this legislation. I also look forward 
to working with Representative Cunningham from California, who has 
introduced a similar measure in the House of Representatives. Together 
we can bring about a much needed reform and strengthen the crime 
fighting capabilities of our Nation's law enforcement community.
  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. 960

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

     SECTON 1. SHORT TITLE.

       This Act may be cited as the ``1995 Community Protection 
     Initiative''.

     SEC. 2. EXEMPTION OF QUALIFIED CURRENT AND FORMER LAW 
                   ENFORCEMENT OFFICERS FROM STATE LAWS 
                   PROHIBITING THE CARRYING OF CONCEALED HANDGUNS.

       (a) In General.--Chapter 44 of title 18, United States 
     Code, is amended by inserting after section 926A the 
     following new section:

     ``Sec. 926B. Carrying of concealed handguns by qualified 
       current and former law enforcement officers

       ``(a) Notwithstanding any other provision of the law of any 
     State or any political subdivision thereof, an individual who 
     is a qualified law enforcement officer or a qualified former 
     law enforcement officer and who is carrying appropriate 
     written identification of such status may carry a concealed 
     handgun.
       ``(b) As used in this section--
       ``(1) the term `qualified law enforcement officer' means an 
     officer, agent, or employee of a public agency who--
       ``(A) is a law enforcement officer;
       ``(B) is authorized by the agency to carry a handgun in the 
     course of duty;
       ``(C) is not the subject of a disciplinary action by the 
     agency that prevents the carrying of a handgun; and
       ``(D) meets such requirements as have been established by 
     the agency with respect to handguns;
       ``(2) the term `qualified former law enforcement officer' 
     means an individual who--
       ``(A) retired from service with a public agency as a law 
     enforcement officer, other than for reasons of mental 
     disability;
       ``(B) immediately before such retirement, was a qualified 
     law enforcement officer;
       ``(C) has a nonforfeitable right to benefits under the 
     retirement plan of the agency;
       ``(D) meets such requirements as have been established by 
     the State in which the individual resides with respect to 
     training in the use of handguns; and
       ``(E) is not prohibited by Federal law from receiving a 
     firearm;
       ``(3) the term `law enforcement officer' means an 
     individual authorized by law to engage in or supervise the 
     prevention, detection, investigation, or prosecution of any 
     violation of law, and includes corrections, probation, 
     parole, and judicial officers; and
       ``(4) the term `appropriate written identification' means, 
     with respect to an individual, a document that--
       ``(A) was issued to the individual by the public agency 
     with which the individual serves or served as a law 
     enforcement officer; and
       ``(B) identifies the holder of the document as a current or 
     former officer, agent, or employee of the agency.''.
       (b) Clerical Amendment.--The table of sections for such 
     chapter is amended by inserting after the item relating to 
     section 926A the following new item:

``926B. Carrying of concealed handguns by qualified current and former 
              law enforcement officers.''.

       (c) Effective Date.--The amendments made by this section 
     shall take effect 180 days after the date of the enactment of 
     this Act.
                                 ______
                                 
      By Mr. BAUCUS (for himself, Mr. Grassley and Mr. Rockefeller):
  S. 963. A bill to amend the Medicare Program under title XVIII of the 
Social Security Act to improve rural health services, and for other 
purposes; to the Committee on Finance.


             THE RURAL HEALTH CARE IMPROVEMENT ACT OF 1995

  Mr. BAUCUS. Mr. President, I rise to introduce, along with Senator 
Grassley and Senator Rockefeller, the Rural Health Care Improvement Act 
of 1995.
  They say that if you have your health, you have everything. Well, I 
must say that for the small communities all across Montana and America, 
access to health care is in danger. It is very tough to get good health 
care in rural parts of our country. What with cuts in Medicare 
reimbursement, 10 percent of the America's rural hospitals closed in 
the last decade. Ten percent of our rural hospitals have closed. The 
trend, unfortunately, shows no signs of improving.
  And the rural health care crisis goes beyond access. That is because 
insurance policies are going up faster for the people who can least 
afford to pay--that is self-insured people like farmers, ranchers, and 
small business owners all across our country.
  Rural areas also find it harder than cities and suburbs to attract 
doctors, to attract nurses, to attract people to provide health care. 
And health care providers in rural areas have less access to state-of-
the-art medical technology than their colleagues do in the big cities 
and in the suburbs.
  Yet, the Federal Government's usual approach to rural health care 
issues is one of indifference. No top-level official has the task of 
keeping rural health care firmly in line.
  Renewing the tax credit for self-insured people was just a start. We 
need to preserve health care services in small towns. Rural doctors and 
nurses must be able to use the best available technology. And the 
Government must give permanent, top-level attention to rural health 
care issues.
  That is the comprehensive strategy that this bill provides.
  Let me review it in just brief detail.
  First, keeping hospitals and clinics in small rural towns open. It is 
critical that these clinics stay open.
  Our small rural hospitals have suffered for years with rigid and 
expensive Medicare regulations and Medicare reimbursements too low to 
let them stay open. So a few years ago I helped pass a bill giving some 
rural hospitals greater flexibility and Medicare reimbursements high 
enough to stay open.
  This project is called the Medical Assistance Facility, otherwise 
known as MAF. They operate in Culbertson, Jordan, Circle, Terry, and 
Ekalaka, serving over 20,000 people.
  That might not sound like very many people when you add the towns 
together, but let me tell you, when you are a town like Circle or 
Ekalaka, hundreds of miles away from the best of health care service in 
the world, these small clinics make a big, big difference. They are 
very important to them. The MAF maintains access to basic, acute, and 
emergency care services and provides inpatient care for up to 4 days. 
They have received glowing reviews from health experts, and other 
States have called in to ask how they can set up similar facilities.
  But most important, people in these towns believe it is 
irreplaceable. Walter Busch, the administrator of Roosevelt Medical 
Center in Culbertson, had this to say:

       The medical assistance facility has improved access to 
     quality health care services

[[Page S8999]]

     in a cost-effective manner. It has restored health care 
     services to four remote, rural communities and prevented loss 
     of services in two others. It is a very flexible program and 
     yet one that has provided consistently high quality care.

  Let me underline that point, Mr. President. Without MAF's, medical 
assistance facilities, or similar clinics, many small towns would have 
virtually no health care service. The MAF preserves health services and 
it saves money. A new GAO report will show that the MAF saved over 
$60,000 per 172 patients. So especially when the leadership's proposed 
Medicare and Medicaid cuts will so drastically increase the pressure on 
rural hospitals, we must keep them open. Our legislation makes the MAF 
permanent and allows similar facilities to open up all over rural 
America.
  The second section offers grants for what is called telemedicine. 
These grants will let rural doctors and nurses upgrade their 
telecommunications and use modern computer networks to confer with 
specialists in other parts of our country. So a family practitioner, 
for example, with a tough case in Fergus County or on the Hi-line can 
have access to diagnostic files and also access to techniques at the 
National Institutes of Health or the Centers for Disease Control.
  Just think of it. With the computer, a doctor or a nurse in a very 
small town in a small clinic can have access to files and techniques of 
the very best all around the Nation. They might not be able to use all 
the techniques, but at least he or she knows what is available and has 
a lot better access, a lot better information and can give better 
treatment for that patient.
  We also include another program of grants to encourage networking 
among rural health care providers. This would let them share 
information on equipment and also, again, share techniques specifically 
designed for rural areas and also help allow much more cooperation and 
also more effective cooperation than exists today.
  Third and last is a new permanent position of Assistant Secretary for 
Rural Health at the Department of Health and Human Services in 
Washington, DC. My State of Montana and a lot of States need more 
advocates within the Federal Government. People living in very rural, 
isolated areas need better advocates and more advocates in the Federal 
Government, more people who understand our unique problems and will 
push for solutions because, after all, there are a lot more people in 
the cities who push for city solutions. We need some way to kind of 
counterbalance, Mr. President, the advantage that the city folks have 
so that people in rural areas at least have someone to stand up for 
them and argue their case so that problems are not further exacerbated 
because they do not have someone.
  So when this bill passes, the Department of Health and Human 
Services, with its hundreds of thousands of employees, will have a top-
level official whose job it is to remember small towns like Culbertson, 
MT.
  This will put a higher priority on rural health care and make sure 
that we have someone in the room when final decisions are made, for 
example, on Medicare or Medicaid and other health care programs.
  Mr. President, rural America deserves fairness just like urban, big 
city America needs fairness. We in rural America deserve the same 
access to top-quality doctors and nurses, to new medical technologies 
and to basic health care just as everybody else does in America. And 
through this bill, without much expense, rural America can get 
fairness. It is just that simple.
  I ask unanimous consent, Mr. President, to include a copy of the bill 
in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 963

       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 ``Rural Health Improvement Act 
     of 1995''.

     SEC. 2. MEDICARE RURAL HOSPITAL FLEXIBILITY PROGRAM.

       (a) Findings and Purpose.--
       (1) Findings.--The Congress finds the following:
       (A) One-quarter of the United States population, or about 
     65 million persons, reside in rural areas. Rural areas have a 
     larger proportion of elderly residents. Rural populations 
     have a higher infant mortality rate, and a 40 percent higher 
     rate of death from accidents.
       (B) Rural hospitals are forced to comply with burdensome 
     and inflexible medicare requirements that do not fit the 
     realities of the rural environment.
       (C) Rural hospitals are inadequately reimbursed by the 
     medicare program.
       (D) Inadequate medicare reimbursement and burdensome and 
     inflexible requirements contribute to the high closure rate 
     among rural hospitals, resulting in reduced access to primary 
     care and emergency services for millions of rural residents.
       (E) Medical assistance facilities have been operating in 
     Montana since 1990 and rural primary care hospitals have been 
     operating since 1993. Both programs help rural hospitals 
     adapt to the changing health care needs of the local 
     community.
       (F) The Inspector General of the Department of Health and 
     Human Services has found that medical assistance facilities--
       (i) provide access to health care in remote rural areas; 
     and
       (ii) are cost efficient.
       (G) The Inspector General of the Department of Health and 
     Human Services found that flexible medicare requirements are 
     key to the success of medical assistance facilities.
       (H) Twenty-one states applied to the Essential Access 
     Hospital (EACH) program authorized in the Omnibus Budget 
     Reconciliation Act of 1989. Seven states, West Virginia, 
     California, Colorado, Kansas, New York, North Carolina, and 
     South Dakota were awarded grants. Eleven hospitals have been 
     designated rural primary care hospitals since final Federal 
     regulations became effective in 1993.
       (I) Medical assistance facilities and rural primary care 
     hospitals promote the development of rural health care 
     networks and result in increased access for rural residents 
     to a variety of health care services.
       (2) Purpose.--The purpose of this section is to establish 
     the medicare rural hospital flexibility program and to allow 
     all States to develop critical access hospitals.
       (b) Medicare Rural Hospital Flexibility Program.--Section 
     1820 of the Social Security Act (42 U.S.C. 1395i-4) is 
     amended to read as follows:


             ``medicare rural hospital flexibility program

       ``Sec. 1820. (a) Purpose.--The purpose of this section is 
     to--
       ``(1) ensure access to health care services for rural 
     communities by allowing hospitals to be designated as 
     critical access hospitals if such hospitals limit the scope 
     of available inpatient acute care services;
       ``(2) provide more appropriate and flexible staffing and 
     licensure standards;
       ``(3) enhance the financial security of critical access 
     hospitals by requiring that medicare reimburse such 
     facilities on a reasonable cost basis; and
       ``(4) promote linkages between critical access hospitals 
     designated by the State under this section and broader 
     programs supporting the development of and transition to 
     integrated provider networks.
       ``(b) Establishment.--Any State that submits an application 
     in accordance with subsection (c) may establish a medicare 
     rural hospital flexibility program described in subsection 
     (d).
       ``(c) Application.--A State may establish a medicare rural 
     hospital flexibility program described in subsection (d) if 
     the State submits to the Secretary at such time and in such 
     form as the Secretary may require an application containing--
       ``(1) assurances that the State--
       ``(A) has developed, or is in the process of developing, a 
     State rural health care plan that--
       ``(i) provides for the creation of one or more rural health 
     networks (as defined in subsection (e)) in the State,
       ``(ii) promotes regionalization of rural health services in 
     the State, and
       ``(iii) improves access to hospital and other health 
     services for rural residents of the State;
       ``(B) has developed the rural health care plan described in 
     subparagraph (A) in consultation with the hospital 
     association of the State, rural hospitals located in the 
     State, and the State Office of Rural Health (or, in the case 
     of a State in the process of developing such plan, that 
     assures the Secretary that the State will consult with its 
     State hospital association, rural hospitals located in the 
     State, and the State Office of Rural Health in developing 
     such plan);
       ``(2) assurances that the State has designated (consistent 
     with the rural health care plan described in paragraph 
     (1)(A)), or is in the process of so designating, rural 
     nonprofit or public hospitals or facilities located in the 
     State as critical access hospitals; and
       ``(3) such other information and assurances as the 
     Secretary may require.
       ``(d) Medicare Rural Hospital Flexibility Program 
     Described.--
       ``(1) In general.--A State that has submitted an 
     application in accordance with subsection (c), may establish 
     a medicare rural hospital flexibility program that provides 
     that--
       ``(A) the State shall develop at least one rural health 
     network (as defined in subsection (e)) in the State; and
       ``(B) at least one facility in the State shall be 
     designated as a critical access hospital in accordance with 
     paragraph (2).

[[Page S9000]]

       ``(2) State designation of facilities.--
       ``(A) In general.--A State may designate one or more 
     facilities as a critical access hospital in accordance with 
     subparagraph (B).
       ``(B) Criteria for designation as critical access 
     hospital.--A State may designate a facility as a critical 
     access hospital if the facility--
       ``(i) is located in a county (or equivalent unit of local 
     government) in a rural area (as defined in section 
     1886(d)(2)(D)) that--

       ``(I) is located more than a 35-mile drive from a hospital, 
     or another facility described in this subsection, or
       ``(II) is certified by the State as being a necessary 
     provider of health care services to residents in the area; 
     and

       ``(ii) makes available 24-hour emergency care services that 
     a State determines are necessary for ensuring access to 
     emergency care services in each area served by a critical 
     access hospital;
       ``(iii) provides not more than 15 acute care inpatient beds 
     (meeting such standards as the Secretary may establish) for 
     providing inpatient care for a period not to exceed 96 hours 
     (unless a longer period is required because transfer to a 
     hospital is precluded because of inclement weather or other 
     emergency conditions), except that a peer review organization 
     or equivalent entity may, on request, waive the 96-hour 
     restriction on a case-by-case basis;
       ``(iv) meets such staffing requirements as would apply 
     under section 1861(e) to a hospital located in a rural area, 
     except that--

       ``(I) the facility need not meet hospital standards 
     relating to the number of hours during a day, or days during 
     a week, in which the facility must be open and fully staffed, 
     except insofar as the facility is required to make available 
     emergency care services as determined under clause (ii) and 
     must have nursing services available on a 24-hour basis, but 
     need not otherwise staff the facility except when an 
     inpatient is present,
       ``(II) the facility may provide any services otherwise 
     required to be provided by a full-time, on site dietician, 
     pharmacist, laboratory technician, medical technologist, and 
     radiological technologist on a part-time, off site basis 
     under arrangements as defined in section 1861(w)(1), and
       ``(III) the inpatient care described in clause (iii) may be 
     provided by a physician's assistant, nurse practitioner, or 
     clinical nurse specialist subject to the oversight of a 
     physician who need not be present in the facility; and

       ``(v) meets the requirements of subparagraph (I) of 
     paragraph (2) of section 1861(aa).
       ``(e) Rural Health Network Defined.--
       ``(1) In general.--For purposes of this section, the term 
     `rural health network' means, with respect to a State, an 
     organization consisting of--
       ``(A) at least 1 facility that the State has designated or 
     plans to designate as a critical access hospital, and
       ``(B) at least 1 hospital that furnishes acute care 
     services.
       ``(2) Agreements.--
       ``(A) In general.--Each critical access hospital that is a 
     member of a rural health network shall have an agreement with 
     respect to each item described in subparagraph (B) with at 
     least 1 hospital that is a member of the network.
       ``(B) Items described.--The items described in this 
     subparagraph are the following:
       ``(i) Patient referral and transfer.
       ``(ii) The development and use of communications systems 
     including (where feasible)--

       ``(I) telemetry systems, and
       ``(II) systems for electronic sharing of patient data.

       ``(iii) The provision of emergency and non-emergency 
     transportation among the facility and the hospital.
       ``(C) Credentialing and quality assurance.--Each critical 
     access hospital that is a member of a rural health network 
     shall have an agreement with respect to credentialing and 
     quality assurance with at least 1--
       ``(i) hospital that is a member of the network;
       ``(ii) peer review organization or equivalent entity; or
       ``(iii) other appropriate and qualified entity identified 
     in the State rural health care plan.
       ``(f) Certification by the Secretary.--The Secretary shall 
     certify a facility as a critical access hospital if the 
     facility--
       ``(1) is located in a State that has established a medicare 
     rural hospital flexibility program in accordance with 
     subsection (d);
       ``(2) is designated as a critical access hospital by the 
     State in which it is located; and
       ``(3) meets such other criteria as the Secretary may 
     require.
       ``(g) Permitting Maintenance of Swing Beds.--Nothing in 
     this section shall be construed to prohibit a State from 
     designating or the Secretary from certifying a facility as a 
     critical access hospital solely because, at the time the 
     facility applies to the State for designation as a critical 
     access hospital, there is in effect an agreement between the 
     facility and the Secretary under section 1883 under which the 
     facility's inpatient hospital facilities are used for the 
     furnishing of extended care services, except that the number 
     of beds used for the furnishing of such services may not 
     exceed the total number of licensed inpatient beds at the 
     time the facility applies to the State for such designation 
     (minus the number of inpatient beds used for providing 
     inpatient care in the facility pursuant to subsection 
     (d)(2)(A)(iii)). For purposes of the previous sentence, the 
     number of beds of the facility used for the furnishing of 
     extended care services shall not include any beds of a unit 
     of the facility that is licensed as a distinct-part skilled 
     nursing facility at the time the facility applies to the 
     State for designation as a critical access hospital.
       ``(h) Grants.--
       ``(1) Medicare rural hospital flexibility program.--The 
     Secretary may award grants to States that have submitted 
     applications in accordance with subsection (c) for--
       ``(A) engaging in activities relating to planning and 
     implementing a rural health care plan;
       ``(B) engaging in activities relating to planning and 
     implementing rural health networks; and
       ``(C) designating facilities as critical access hospitals.
       ``(2) Rural emergency medical services.--
       ``(A) In general.--The Secretary may award grants to States 
     that have submitted applications in accordance with 
     subparagraph (B) for the establishment or expansion of a 
     program for the provision of rural emergency medical 
     services.
       ``(B) Application.--An application is in accordance with 
     this subparagraph if the State submits to the Secretary at 
     such time and in such form as the Secretary may require an 
     application containing the assurances described in 
     subparagraphs (A)(ii), (A)(iii), and (B) of subsection (c)(1) 
     and paragraph (3) of such subsection.
       ``(i) Grandfathering of Certain Facilities.--
       ``(1) In general.--Any medical assistance facility 
     operating in Montana and any rural primary care hospital 
     designated by the Secretary under this section prior to the 
     date of the enactment of the Rural Health Improvement Act of 
     1995 shall be deemed to have been certified by the Secretary 
     under subsection (f) as a critical access hospital if such 
     facility or hospital is otherwise eligible to be designated 
     by the State as a critical access hospital under subsection 
     (d).
       ``(2) Continuation of medical assistance facility and rural 
     primary care hospital terms.--Notwithstanding any other 
     provision of this title, with respect to any medical 
     assistance facility or rural primary care hospital described 
     in paragraph (1), any reference in this title to a `critical 
     access hospital' shall be deemed to be a reference to a 
     `medical assistance facility' or `rural primary care 
     hospital'.
       ``(j) Waiver of Conflicting Part A Provisions.--The 
     Secretary is authorized to waive such provisions of this part 
     and part C as are necessary to conduct the program 
     established under this section.
       ``(k) Authorization of Appropriations.--There are 
     authorized to be appropriated from the Federal Hospital 
     Insurance Trust Fund for making grants to all States under 
     subsection (h), $25,000,000 in each of the fiscal years 1996 
     through 2000.''.
       (c) Report on Alternative to 96-Hour Rule.--Not later than 
     January 1, 1996, the Administrator of the Health Care 
     Financing Administration shall submit to the Congress a 
     report on the feasibility of, and administrative requirements 
     necessary to establish an alternative for certain medical 
     diagnoses (as determined by the Administrator) to the 96-hour 
     limitation for inpatient care in critical access hospitals 
     required by section 1820(d)(2)(B)(iii).
       (d) Part A Amendments Relating to Rural Primary Care 
     Hospitals and Critical Access Hospitals.--
       (1) Definitions.--Section 1861(mm) of the Social Security 
     Act (42 U.S.C. 1395x(mm)) is amended to read as follows:


     ``critical access hospital; critical access hospital services

       ``(mm)(1) The term `critical access hospital' means a 
     facility certified by the Secretary as a critical access 
     hospital under section 1820(f).
       ``(2) The term `inpatient critical access hospital 
     services' means items and services, furnished to an inpatient 
     of a critical access hospital by such facility, that would be 
     inpatient hospital services if furnished to an inpatient of a 
     hospital by a hospital.''.
       (2) Coverage and payment.--(A) Section 1812(a)(1) of such 
     Act (42 U.S.C. 1395d(a)(1)) is amended by striking ``or 
     inpatient rural primary care hospital services'' and 
     inserting ``or inpatient critical access hospital services''.
       (B) Section 1814 of such Act (42 U.S.C. 1395f) is amended--
       (i) on subsection (a)(8)--
       (I) by striking ``rural primary care hospital'' each place 
     it appears and inserting ``critical access hospital''; and
       (II) by striking ``72'' and inserting ``96'';
       (ii) in subsection (b), by striking ``other than a rural 
     primary care hospital providing inpatient rural primary care 
     hospital services,'' and inserting ``other than a critical 
     access hospital providing inpatient critical access hospital 
     services,''; and
       (iii) by amending subsection (l) to read as follows:
       ``(l) Payment for Inpatient Critical Access Hospital 
     Services.--The amount of payment under this part for 
     inpatient critical access hospital services is the reasonable 
     costs of the critical access hospital in providing such 
     services.''.
       (3) Treatment of critical access hospitals as providers of 
     services.--(A) Section 1861(u) of such Act (42 U.S.C. 
     1395x(u)) is amended by striking ``rural primary care 
     hospital'' and inserting ``critical access hospital''.

[[Page S9001]]

       (B) The first sentence of section 1864(a) of such Act (42 
     U.S.C. 1395aa(a)) is amended by striking ``a rural primary 
     care hospital'' and inserting ``a critical access hospital''.
       (4) Conforming amendments.--(A) Section 1128A(b)(1) of such 
     Act (42 U.S.C. 1320a-7a(b)(1)) is amended by striking ``rural 
     primary care hospital'' each place it appears and inserting 
     ``critical access hospital''.
       (B) Section 1128B(c) of such Act (42 U.S.C. 1320a-7b(c)) is 
     amended by striking ``rural primary care hospital'' and 
     inserting ``critical access hospital''.
       (C) Section 1134 of such Act (42 U.S.C. 1320b-4) is amended 
     by striking ``rural primary care hospitals'' each place it 
     appears and inserting ``critical access hospitals''.
       (D) Section 1138(a)(1) of such Act (42 U.S.C. 1320b-
     8(a)(1)) is amended--
       (i) in the matter preceding subparagraph (A), by striking 
     ``rural primary care hospital'' and inserting ``critical 
     access hospital''; and
       (ii) in the matter preceding clause (i) of subparagraph 
     (A), by striking ``rural primary care hospital'' and 
     inserting ``critical access hospital''.
       (E) Section 1816(c)(2)(C) of such Act (42 U.S.C. 
     1395h(c)(2)(C)) is amended by striking ``rural primary care 
     hospital'' and inserting ``critical access hospital''.
       (F) Section 1833 of such Act (42 U.S.C. 1395l) is amended--
       (i) in subsection (h)(5)(A)(iii), by striking ``rural 
     primary care hospital'' and inserting ``critical access 
     hospital'';
       (ii) in subsection (i)(1)(A), by striking ``rural primary 
     care hospital'' and inserting ``critical access hospital'';
       (iii) in subsection (i)(3)(A), by striking ``rural primary 
     care hospital services'' and inserting ``critical access 
     hospital services'';
       (iv) in subsection (l)(5)(A), by striking ``rural primary 
     care hospital'' each place it appears and inserting 
     ``critical access hospital''; and
       (v) in subsection (l)(5)(B), by striking ``rural primary 
     care hospital'' each place it appears and inserting 
     ``critical access hospital''.
       (G) Section 1835(c) of such Act (42 U.S.C. 1395n(c)) is 
     amended by striking ``rural primary care hospital'' each 
     place it appears and inserting ``critical access hospital''.
       (H) Section 1842(b)(6)(A)(ii) of such Act (42 U.S.C. 
     1395u(b)(6)(A)(ii)) is amended by striking ``rural primary 
     care hospital'' and inserting ``critical access hospital''..
       (I) Section 1861 of such Act (42 U.S.C. 1395x) is amended--
       (i) in the last sentence of subsection (e), by striking 
     ``rural primary care hospital'' and inserting ``critical 
     access hospital'';
       (ii) in subsection (v)(1)(S)(ii)(III), by striking ``rural 
     primary care hospital'' and inserting ``critical access 
     hospital'';
       (iii) in subsection (w)(1), by striking ``rural primary 
     care hospital'' and inserting ``critical access hospital''; 
     and
       (iv) in subsection (w)(2), by striking ``rural primary care 
     hospital'' each place it appears and inserting ``critical 
     access hospital''.
       (J) Section 1862(a)(14) of such Act (42 U.S.C. 
     1395y(a)(14)) is amended by striking ``rural primary care 
     hospital'' each place it appears and inserting ``critical 
     access hospital''.
       (K) Section 1866(a)(1) of such Act (42 U.S.C 1395cc(a)(1)) 
     is amended--
       (i) in subparagraph (F)(ii), by striking ``rural primary 
     care hospitals'' and inserting ``critical access hospitals'';
       (ii) in subparagraph (H), in the matter preceding clause 
     (i), by striking ``rural primary care hospitals'' and ``rural 
     primary care hospital services'' and inserting ``critical 
     access hospitals'' and ``critical access hospital services'', 
     respectively;
       (iii) in subparagraph (I), in the matter preceding clause 
     (i), by striking ``rural primary care hospital'' and 
     inserting ``critical access hospital''; and
       (iv) in subparagraph (N)--
       (I) in the matter preceding clause (i), by striking ``rural 
     primary hospitals'' and inserting ``critical access 
     hospitals'', and
       (II) in clause (i), by striking ``rural primary care 
     hospital'' and inserting ``critical access hospital''.
       (L) Section 1866(a)(3) of such Act (42 U.S.C 1395cc(a)(3)) 
     is amended--
       (i) by striking ``rural primary care hospital'' each place 
     it appears in subparagraphs (A) and (B) and inserting 
     ``critical access hospital''; and
       (ii) in subparagraph (C)(ii)(II), by striking ``rural 
     primary care hospitals'' each place it appears and inserting 
     ``critical access hospitals''.
       (M) Section 1867(e)(5) of such Act (42 U.S.C. 1395dd(e)(5)) 
     is amended by striking ``rural primary care hospital'' and 
     inserting ``critical access hospital''.
       (e) Payment Continued to Designated EACHs.--Section 
     1886(d)(5)(D) of such Act (42 U.S.C. 1395ww(d)(5)(D)) is 
     amended--
       (1) in clause (iii)(III), by inserting ``as in effect on 
     September 30, 1995'' before the period at the end; and
       (2) in clause (v)--
       (A) by inserting ``as in effect on September 30, 1995'' 
     after ``1820(i)(1)''; and
       (B) by striking ``1820(g)'' and inserting ``1820(e)''.
       (f) Part B Amendments Relating to Critical Access 
     Hospitals.--
       (1) Coverage.--(A) Section 1861(mm) of the Social Security 
     Act (42 U.S.C. 1395x(mm)) as amended by subsection (d)(1), is 
     amended by adding at the end the following new paragraph:
       ``(3) The term `outpatient critical access hospital 
     services' means medical and other health services furnished 
     by a critical access hospital on an outpatient basis.''.
       (B) Section 1832(a)(2)(H) of such Act (42 U.S.C. 
     1395k(a)(2)(H)) is amended by striking ``rural primary care 
     hospital services'' and inserting ``critical access hospital 
     services''.
       (2) Payment.--(A) Section 1833(a) of such Act (42 U.S.C. 
     1395l(a)) is amended in paragraph (6), by striking 
     ``outpatient rural primary care hospital services'' and 
     inserting ``outpatient critical access services''.
       (B) Section 1834(g) of such Act (42 U.S.C. 1395m(g)) is 
     amended to read as follows--
       ``(g) Payment for Outpatient Critical Access Hospital 
     Services.--The amount of payment under this part for 
     outpatient critical access hospital services is the 
     reasonable costs of the critical access hospital in providing 
     such services.''.
       (g) Effective Date.--The amendments made by this section 
     shall apply to services furnished on or after October 1, 
     1995.

     SEC. 3. OFFICE OF RURAL HEALTH POLICY.

       (a) Appointment of Assistant Secretary.--
       (1) In general.--Section 711(a) of the Social Security Act 
     (42 U.S.C. 912(a)) is amended--
       (A) by striking ``by a Director, who shall advise the 
     Secretary'' and inserting ``by an Assistant Secretary for 
     Rural Health (in this section referred to as the `Assistant 
     Secretary'), who shall report directly to the Secretary''; 
     and
       (B) by adding at the end the following new sentence: ``The 
     Office shall not be a component of any other office, service, 
     or component of the Department.''.
       (2) Conforming amendments.--(A) Section 711(b) of the 
     Social Security Act (42 U.S.C. 912(b)) is amended by striking 
     ``the Director'' and inserting ``the Assistant Secretary''.
       (B) Section 338J(a) of the Public Health Service Act (42 
     U.S.C. 254r(a)) is amended by striking ``Director of the 
     Office of Rural Health Policy'' and inserting ``Assistant 
     Secretary for Rural Health''.
       (C) Section 464T(b) of the Public Health Service Act (42 
     U.S.C. 285p-2(b)) is amended in the matter preceding 
     paragraph (1) by striking ``Director of the Office of Rural 
     Health Policy'' and inserting ``Assistant Secretary for Rural 
     Health''.
       (D) Section 6213 of the Omnibus Budget Reconciliation Act 
     of 1989 (42 U.S.C. 1395x note) is amended in subsection 
     (e)(1) by striking ``Director of the Office of Rural Health 
     Policy'' and inserting ``Assistant Secretary for Rural 
     Health''.
       (E) Section 403 of the Ryan White Comprehensive AIDS 
     Resources Emergency Act of 1990 (42 U.S.C. 300ff-11 note) is 
     amended in the matter preceding paragraph (1) of subsection 
     (a) by striking ``Director of the Office of Rural Health 
     Policy'' and inserting ``Assistant Secretary for Rural 
     Health''.
       (3) Amendment to the executive schedule.--Section 5315 of 
     title 5, United States Code, is amended by striking 
     ``Assistant Secretaries of Health and Human Services (6)'' 
     and inserting ``Assistant Secretaries of Health and Human 
     Services (7)''.
       (b) Expansion of Duties.--Section 711(a) of the Social 
     Security Act (42 U.S.C. 912(a)) is amended by striking ``and 
     access to (and the quality of) health care in rural areas'' 
     and inserting ``access to, and quality of, health care in 
     rural areas, and reforms to the health care system and the 
     implications of such reforms for rural areas''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on January 1, 1996.

     SEC. 4. MEDICARE REIMBURSEMENT FOR TELEMEDICINE SERVICES.

       (a) Sense of the Congress.--It is the sense of the Congress 
     that--
       (1) the use of telemedicine services can increase access to 
     specialized health care for rural residents; and
       (2) although telemedicine services are currently being 
     furnished to medicare beneficiaries across the country, 
     providers of telemedicine services do not receive 
     reimbursement for such services under the medicare program.
       (b) Purpose.--It is the purpose of this section to improve 
     access to specialized health services for rural medicare 
     beneficiaries by requiring the medicare program to reimburse 
     providers for furnishing telemedicine services.
       (c) Methodology for Determining Payment.--Not later than 
     January 1, 1996, the Secretary of Health and Human Services 
     shall develop and submit to the Congress a recommendation on 
     a methodology for determining payments under title XVIII of 
     the Social Security Act for telemedicine services (as defined 
     by the Secretary).
                                 ______
                                 
      By Mr. JOHNSTON:
  S. 964. A bill to amend the Land and Water Conservation Fund Act of 
1965 with respect to fees for admission into units of the National Park 
System and for other purposes; to the Committee on Energy and Natural 
Resources.


                       THE PARK RENEWAL FUND ACT

  Mr. JOHNSTON. Mr. President, today I am introducing the Park Renewal 
Fund Act. This legislation would grant the Secretary of the Interior 
additional authority to impose and collect entrance fees at units of 
the National Park System and deposit those increased revenues in a 
special fund--

[[Page S9002]]

the park renewal fund. These moneys could then be used, without the 
need for further appropriation, to help cover the cost of priority park 
maintenance and repair projects. The legislation also includes other 
provisions designed to enhance the Park Service's ability to generate 
badly needed funds from park users and other non-Federal sources.
  Last year, I introduced park fee legislation at the request of the 
administration. The committee unanimously reported an amended version 
of that bill late in the session, but no further action was taken in 
the Senate. The bill I am introducing today is very similar to the 
version I introduced last year and incorporates the current 
administration position on park fees. Like last year, it is possible 
that changes will be made to this bill before it is reported from the 
committee. I welcome the attention of my colleagues to this bill and 
urge their support. I also look forward to their input and the input of 
others on how to improve the legislation. Although I am flexible on 
many provisions in this bill, there is, in my view, one concept that 
must be included in the final version of any park fee bill. New fee 
revenue generated by this legislation must go directly to the parks for 
use in the parks and not be diverted for nonpark purposes. There is 
considerable public support for paying higher park entrance fees if 
those fees are used to enhance the parks and visitor use and enjoyment 
of them. Without such a provision, there is no need to raise fees and 
certainly no incentive for the parks to collect them.
  Mr. President, I ask unanimous consent that a section-by-section 
analysis and the text of the bill appear in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                 S. 964

       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 ``The Park Renewal Fund Act.''

     SEC. 2. FEES.

       (a) Admission Fees.--Section 4(a) of the Land and Water 
     Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(a)) is 
     amended as follows:
       (1) Delete ``fee-free travel areas'' and ``lifetime 
     admission permit'' from the title of this section.
       (2) In paragraph (a)(1)(A)(i) by striking the first and 
     second sentences and inserting in lieu thereof, ``For 
     admission into any such designated area, an annual admission 
     permit (to be known as the Golden Eagle Passport) shall be 
     available for a fee and under such conditions as to be 
     determined by the Secretary of the Interior and the Secretary 
     of Agriculture.''
       (3) In paragraph (a)(1)(B) by striking the second sentence.
       (4) Delete paragraph (a)(2) in its entirety and insert in 
     lieu thereof: ``Reasonable admission fees for a single visit 
     to any designated unit shall be established by the 
     administering Secretary for persons who choose not to 
     purchase the annual permit. A ``single visit'' means a 
     continuous stay within a designated unit. Payment of a single 
     visit admission fee shall authorize exits from and reentries 
     to a designated unit for a period to be defined for each 
     designated unit by the administering Secretary based upon a 
     determination of the period of time reasonably and ordinarily 
     necessary for such a single visit.
       (5) In paragraph (a)(3) by inserting the word ``Great'' in 
     the third sentence before ``Smoky''.
       (6) In paragraph (a)(3) delete the last sentence.
       (7) Delete paragraph (a)(4) in its entirety and insert in 
     lieu thereof: ``The Secretary of the Interior and the 
     Secretary of Agriculture shall establish procedures for 
     discounted admission fees to any citizen of, or person 
     legally domiciled in, the United States sixty-two years of 
     age or older, such discount to be received upon proof of age. 
     Any such discount will be non-transferable, applied only to 
     the individual qualifying on the basis of age, and given 
     notwithstanding the method of travel. No fees of any kind 
     shall be collected from any persons who have a right of 
     access for hunting or fishing privileges under a specific 
     provision of law or treaty or who are engaged in the conduct 
     of official Federal, State, or local Government business.''
       (8) Delete paragraph (a)(5) in its entirety and insert in 
     lieu thereof: ``The Secretary of the Interior and the 
     Secretary of Agriculture shall establish procedures providing 
     for the issuance of a lifetime admission permit to any 
     citizen of, or person legally domiciled in, the United 
     States, if such citizen or person applies for such permit and 
     is permanently disabled. Such procedures shall assure that 
     such permit shall be issued only to persons who have been 
     medically determined to be permanently disabled. Such permit 
     shall be nontransferable, shall be issued without charge, and 
     shall entitle the permittee and one accompanying individual 
     to general admission into any area designated pursuant to 
     this subsection, notwithstanding the method of travel.
       (9) In paragraph (a)(6)(A) by striking ``No later than 60 
     days after December 22, 1987'' and inserting ``No later than 
     six months after enactment'' and striking ``Interior and 
     Insular Affairs'' and inserting ``Resources''.
       (10) Delete paragraphs (a)(9) and (a)(11) in their 
     entirety. Renumber current paragraph ``(10)'' as ``(9)'' and 
     current paragraph ``(12)'' as ``(10)''.
       (b) Recreation Fees.--Section 4(b) of the Land and Water 
     Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(b)) is 
     amended as follows:
       (1) Delete ``fees for Golden Age Passport permittees'' from 
     section title.
       (2) Delete the following: ``personal collection of the fee 
     by an employee or agent of the Federal agency operating the 
     facility''.
       (3) Deleting ``Any Golden Age Passport permittee, or'' and 
     inserting thereof ``Any''.
       (c) Criteria, Posting and Uniformity of Fees.--Section 4(d) 
     of the Land and Water Conservation Fund Act of 1965 (16 
     U.S.C. 460l-6a(d)) is amended by deleting from the first 
     sentence, ``recreation fees charged by non-Federal public 
     agencies,'' and inserting in lieu thereof ``fees charged by 
     other public and private entities,''.
       (d) Rules and Regulations.--Section 4(e) of the Land and 
     Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(e)) is 
     amended by deleting ``of not more than $100.'' and inserting 
     in lieu thereof ``as provided by law.''
       (e) Federal and State Laws Unaffected.--Section 4(g) of the 
     Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-
     6a(g)) is amended by deleting the following in the first 
     sentence ``or fees or charges for commercial or other 
     activities not related to recreation,'' and inserting 
     ``Provided, however, in those park areas under partial (if 
     applicable) or exclusive jurisdiction of the United States 
     where state fishing licenses are not required, the National 
     Park Service may charge a fee for fishing.''.
       (f) Technical Amendments.--Section 4(h) of the Land and 
     Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(h)) is 
     amended--
       (1) by striking ``Bureau of Outdoor Recreation'' and 
     inserting in lieu thereof, ``National Park Service'';
       (2) by striking ``Interior and Insular Affairs of the 
     United States House of Representatives and United States 
     Senate'' and inserting in lieu thereof, ``Resources of the 
     United States House of Representatives and on Energy and 
     Natural Resources of the United States Senate''; and
       (3) by striking ``Bureau'' and inserting in lieu thereof, 
     ``National Park Service''.
       (g) Use of Fees.--Section 4(i) of the Land and Water 
     Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(i)) is 
     amended as follows:
       (1) After ``(i)'' by inserting ``Use of
     fees.--''.
       (2) In the first sentence of subparagraph (B) by striking 
     ``fee collection costs for that fiscal year'' and inserting 
     in lieu thereof, ``fee collection costs for the immediately 
     preceding fiscal year'' and by striking ``section in that 
     fiscal year'' and inserting in lieu thereof, ``section in 
     such immediately preceding fiscal year.''
       (3) In the second sentence of subparagraph (B) by striking 
     ``in that fiscal year''.
       (4) By adding the following at the end of paragraph (1): 
     ``(C) Notwithstanding subparagraph (A), beginning in fiscal 
     year 1996 and each fiscal year thereafter, all additional fee 
     revenue generated by the National Park Service through 
     enactment of this legislation, as authorized to be collected 
     pursuant to subsection 4 (a) and (b), shall be covered into a 
     special fund established in the Treasury of the United States 
     to be known as the `National Park Renewal Fund'. In fiscal 
     year 1997 and each fiscal year thereafter, the amount of 
     additional fee revenue generated in the immediately preceding 
     fiscal year by the National Park Service through enactment 
     of this legislation shall be available to the Secretary of 
     the Interior, without further provision in appropriations 
     acts, for infrastructure needs at parks including but not 
     limited to facility refurbishment, repair and replacement, 
     interpretive media and exhibit repair and replacement, and 
     infrastructure projects associated with park resource 
     protection. Such amounts shall remain available until 
     expended. The Secretary shall develop procedures for the 
     use of the fund that ensure accountability and 
     demonstrated results consistent with the purposes of this 
     Act. Beginning the first full fiscal year after the 
     creation of the ``National Park Renewal Fund'', the 
     Secretary shall submit an annual report to the Congress, 
     on a unit-by-unit basis, detailing the expenditures of 
     such receipts. In fiscal year 1996 only, fees authorized 
     to be collected pursuant to subsections 4 (a) and (b) of 
     this Act may be collected only to the extent provided in 
     advance in appropriations acts.
       (5) Paragraph (4)(A) is amended by striking ``resource 
     protection, research, and interpretation'' and inserting in 
     lieu thereof, ``park operations''.
       (h) Selling of Permits.--Section 4(k) of the Land and Water 
     Conservation Fund Act of 1965 (16 U.S.C. 4601-6a(k)) is 
     amended by:
       (1) striking ``selling of annual admission permits by 
     public and private entities under arrangements with 
     collecting agency head'' from the title of this section, and

[[Page S9003]]

       (2) deleting the last two sentences, regarding the sale of 
     Golden Eagle Passports, from this section.
       (i) Charges for Transportation Provided by the National 
     Park Service--
       (1) Section 4(l)(1) of the Land and Water Conservation Fund 
     Act of 1965 (16 U.S.C. 460l-6a(1)) is amended by striking the 
     word ``viewing'' from the section title and inserting in lieu 
     thereof ``visiting''.
       (2) Section 4(l)(1) of the Land and Water Conservation Fund 
     Act of 1965 (16 U.S.C. 460l-6a(1)) is amended by deleting the 
     word ``view'' and inserting in lieu thereof ``visit''.
       (3) Section 4(l)(2) of the Land and Water Conservation Fund 
     Act of 1965 (16 U.S.C. 460l-6a(1)) is amended by deleting 
     paragraph (2) and inserting in lieu thereof: 
     ``Notwithstanding any other provision of law, the charges 
     imposed under paragraph (1) shall be retained by the unit of 
     the National Park System at which the service was provided. 
     The amount retained shall be expended for costs associated 
     with the transportation systems at the unit where the charge 
     was imposed.''

       (j) Commercial Tour Fees.--Section 4 of the Land and Water 
     Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(n)) is 
     amended by striking section (2) in its entirety and inserting 
     in lieu thereof: ``(2) The Secretary shall establish a flat 
     fee, per entry, for such vehicles. The amount of the said 
     flat fee shall reflect both the commercial tour use fee rate 
     and current admission rates.''
       (k) Fees for Special Uses.--Section 4 of the Land and Water 
     Conservation Fund Act of 1965 (16 U.S.C. 460l-6a) is amended 
     by adding the following at the end thereof:
       ``(o) Fees for Commercial/Nonrecreational Uses.--Utilizing 
     the criteria established in Section 4(d) (16 U.S.C. 460l-
     6a(d)), the Secretary of the Interior shall establish 
     reasonable fees for non-recurring commercial or non-
     recreational uses of National Park System units that require 
     special arrangements, including permits. At a minimum, such 
     fees will cover all costs of providing necessary services 
     associated with such use, except that at the Secretary's 
     discretion, the Secretary may waive or reduce such fees in 
     the case of any organization using an area within the 
     National Park System for activities which further the goals 
     of the National Park Service. Receipts from such fees may be 
     retained at the park unit in which the use takes place, and 
     remain available, without further appropriation, to cover the 
     cost of providing such services. The portion of such fee 
     which exceeds the cost of providing necessary services 
     associated with such use shall be deposited into the 
     National Park Renewal Fund.''
       (1) Fee authority.--Section 4 of the Land and Water 
     Conservation Fund Act of 1965 (16 U.S.C. 460l-6a) is amended 
     by adding the following new subsection at the end thereof:
       (p) Admission or Recreation Use Fees.--No admission or 
     recreation use fee of any kind shall be charged or imposed 
     for entrance into, or use of, any federally owned area 
     operated and maintained by a Federal agency and used for 
     outdoor recreation purposes, except as provided for by this 
     Act.''.

     SEC. 3. PROHIBITION OF COMMERCIAL VEHICLES, DELAWARE WATER 
                   GAP NATIONAL RECREATION AREA.

       (a) In General.--Effective at noon on September 30, 2005, 
     the use of Highway 209 within the Delaware Water Gap National 
     Recreation Area by commercial vehicles, when such us is not 
     connected with the operation of the recreation area, is 
     prohibited, except as provided in section (b).
       (b) Local Business Use Protected.--Subsection (a) does not 
     apply with respect to the use of commercial vehicles to serve 
     businesses located within or in the vicinity of the 
     recreation area, as determined by the Secretary.
       (c) Conforming Provisions.--(1) Paragraphs (1) through (3) 
     of the third undesignated paragraph under the heading 
     ``administrative provisions'' in chapter VII of title I of 
     Public Law 98-63 (97 Stat. 329), are repealed, effective 
     September 30, 2005.
       (2) Prior to noon on September 30, 2005, the Secretary 
     shall collect and utilize a commercial use fee from 
     commercial vehicles in accordance with paragraphs (1) through 
     (3) of such third undesignated paragraph. Such fee shall not 
     exceed $25 per trip.

     SEC. 4. CHALLENGE COST SHARE AGREEMENTS.

       (a) Agreements.--The Secretary of the Interior is 
     authorized to negotiate and enter into challenge cost-share 
     agreements with cooperators. For purposes of this section, 
     the term--
       (1) ``challenge cost-share agreement'' means any agreement 
     entered into between the Secretary and any cooperator for the 
     purpose of sharing costs or services in carrying out 
     authorized functions and responsibilities of the Secretary 
     with respect to any unit or program of the National Park 
     System (as defined in section 2(a) of the Act of August 8, 
     1953 (16 U.S.C. 1c(a)), any affiliated area, or designated 
     National Scenic or Historic Trail; and
       (2) ``cooperator'' means any State or local government, 
     public or private agency, organization, institution, 
     corporation, individual, or other entity.
       (b) Use of Federal Funds.--In carrying out challenge cost-
     share agreements, the Secretary is authorized to provide the 
     Federal funding share from any funds available to the 
     National Park Service.

     SEC. 5. DONATIONS

       (a) Requests for Donations.--In addition to the Secretary's 
     other authorities to accept the donation of lands, buildings, 
     other property, services, and moneys for the purposes of the 
     National Park System, the Secretary is authorized to solicit 
     donations of money, property, and services from individuals, 
     corporations, foundations and other potential donors who the 
     Secretary believes would wish to make such donations as an 
     expression of support for the national parks. Such donations 
     may be accepted and used for any authorized purpose or 
     program of the National Park Service, and donations of money 
     shall remain available for expenditure without fiscal year 
     limitation. Any employees of the Department to whom this 
     authority is delegated shall be set forth in the written 
     guidelines issued by the Secretary pursuant to paragraph (d).
       (b) Employee Participation.--Employees of the National Park 
     Service may solicit donations only if the request is 
     incidental to or in support of, and does not interfere with 
     their primary duty of protecting and administering the parks 
     or administering authorized programs, and only for the 
     purpose of providing a level of resource protection, visitor 
     facilities, or services for health and safety projects, 
     recurring maintenance activities, or for other routine 
     activities normally funded through annual agency 
     appropriations. Such requests must be in accordance with the 
     guidelines issued pursuant to subparagraph (d).
       (c) Prohibitions.--(1) A donation may not be accepted in 
     exchange for commitment to the donor on the part of the 
     National Park Service or which attaches conditions 
     inconsistent with applicable laws and regulations or that is 
     conditioned upon or will require the expenditure of 
     appropriated funds that are not available to the Department, 
     or which compromises a criminal or civil position of the 
     United States or any of its departments or agencies or the 
     administration authority of any agency of the United States.
       (2) In utilizing the authorities contained in this section 
     employees of the National Park Service shall not directly 
     conduct or execute major fund raising campaigns, but may 
     cooperate with others whom the Secretary may designate to 
     conduct such campaigns on behalf of the National Park 
     Service.
       (d) Guidance.--(1) The Secretary shall issue written 
     guidelines setting forth those positions to which he has 
     delegated his authority under paragraph (a) and the 
     categories of employees of the National Park Service that are 
     authorized to request donations pursuant to paragraph (b). 
     Such guidelines shall also set forth any limitations on the 
     types of donations that will be requested or accepted as well 
     as the sources of those donations.
       (2) The Secretary shall publish guidelines which set forth 
     the criteria to be used in determining whether the 
     solicitation or acceptance of contributions of lands, 
     buildings, other property, services, moneys, and other gifts 
     or donations authorized by this section would reflect 
     unfavorably upon the ability of the Department of the 
     Interior or any employee to carry out its responsibilities or 
     official duties in a fair and objective manner, or would 
     compromise the integrity or the appearance of the integrity 
     of its programs or any official involved in those programs. 
     The Secretary shall also issue written guidance on the extent 
     of the cooperation that may be provided by National Park 
     Service employees in any major fund raising campaign which 
     the Secretary has designated others to conduct pursuant to 
     paragraph (c)(2).

     SEC. 6. COST RECOVERY FOR DAMAGE TO NATIONAL PARK RESOURCES.

       Public Law 101-337 is amended as follows:
       (a) In section 1 (16 U.S.C. 19jj), by amending subsection 
     (d) to read as follows:
       ``(d) `Park system resource' means any living or nonliving 
     resource that is located within the boundaries of a unit of 
     the National Park System, except for resources owned by a 
     non-Federal entity.''.
       (b) In section 1 (16 U.S.C. 19jj) by adding at the end 
     thereof the following:
       ``(g) `Marine or aquatic park system resourse' means any 
     living or non-living part of a marine or aquatic regimen 
     within or is a living part of a marine or aquatic regimen 
     within the boundaries of a unit of the National Park System, 
     except for resources owned by a non-Federal entity.''.
       (c) In section 2(b) (16 U.S.C. 19jj-1(b)), by striking 
     ``any park'' and inserting in lieu thereof, ``any marine or 
     aquatic park''.
                                  ____


              Section-by-Section--Proposed Fee Legislation

       Section 1. Entitles the bill the ``The Park Renewal Fund 
     Act.''
       Section 2. Makes several changes to the Land and Water 
     Conservation Fund Act of 1965 to provide the Secretary of the 
     Interior additional authority to manage the National Park 
     Service fee program. Specific changes follow:
       (a) Admission Fees:
       (1) Strikes ``fee-free travel areas'' and ``lifetime 
     admission permits'' from the section title as they were also 
     striken in the text of this section.
       (2) Strikes the first and second sentence to eliminate the 
     cap on the amount to be charged for a Golden Eagle Passport 
     ($25) and the language mandating entry coverage under the 
     passport. The new language would authorize the Secretaries of 
     the Interior and Agriculture to set the fee and conditions of 
     coverage.
       (3) Strikes the second sentence to eliminate the cap for 
     annual park specific permits. The rest of the section stays 
     intact and

[[Page S9004]]

     ties coverage of this permit to the same conditions to be 
     developed for the Golden Eagle Passport.
       (4) Deletes the length of stay limitations, allowing the 
     administering Secretary to establish length of stays for 
     specific units. It would also eliminate the cap on fees to be 
     charged for single visit permits and other restrictions, 
     which would be determined by the administering Secretary.
       (5) Makes a technical correction by inserting ``Great'' 
     before Smoky Mountains National Park.
       (6) Deletes the sentence that exempts urban areas from 
     fees. Current law prohibits admission fees at any unit of the 
     National Park System which provides significant outdoor 
     recreational opportunities in an urban environment and to 
     which access is available at multiple locations. While not 
     specifically saying fees would be charged, this change would 
     provide authority for a review of the feasibility of charging 
     fees at these areas.
       (7) Authorizes the Secretaries of Interior and Agriculture 
     to modify the Golden Age Passport program as it currently 
     exists. The Secretaries would still be able to establish 
     discounted admission fees upon proof of age. However, the 
     discount would apply only to the eligible individual, and not 
     to persons accompanying that individual, regardless of the 
     method of travel.
       (8) Limits coverage under the Golden Access Passport for 
     the disabled to the individual holding the passport and one 
     accompanying individual, regardless of method of travel. It 
     also deletes the word ``blind'' throughout the paragraph and 
     the portion having to do with the receipts of federal 
     benefits.
       (9) Directs the Secretary to provide to Congress within 6 
     months after enactment a report outlining the changes to be 
     implemented.
       (10) Deletes paragraph (a)(9), which states specific areas 
     where fees will not be charged. This would not mean that fees 
     would be charged, but would provide an opportunity for review 
     (e.g., Canaveral National Seashore). Deletes paragraph 
     (a)(11) which established special rates for Grand Tetons, 
     Yellowstone, and Grand Canyon. With new fee authority, 
     special rates as established for these areas would 
     essentially become caps are unnecessary.
       (b) Recreation Fees:
       (1) Deletes personal collection of camping fees as one of 
     the criteria used in determining whether a fee can be charged 
     at a campground. Many campgrounds have gone to self-
     registration systems over the years in the effort to more 
     efficiently use personnel. It is an outdated criterion, 
     especially as more efficient and technological changes in 
     collections occur. This section also removes the 50% discount 
     in user fees for those 62 and over, but retains that discount 
     for the disabled.
       (c) Amends the criteria used for setting fees to include 
     comparable recreation fees charged by other public and 
     private entities. Current law requires comparison with fees 
     charged by non-federal public entities.
       (d) Deletes a $100 cap on fines to comply with the Criminal 
     Fine Improvement Act of 1987 (P.L. 100-185). This Act 
     established uniform maximum fine levels for all Federal petty 
     offenses at $5,000 for individuals and $10,000 for 
     organizations (18 U.S.C. section 3571).
       (e) Removes the prohibition on fees or charges for non-
     recreational and commercial uses. The language inserted 
     addresses those few park areas where state fishing licenses 
     do not apply and are not required because the areas are under 
     either partial or exclusive jurisdiction of the United 
     States. In these park areas (e.g., Glacier, Yellowstone) the 
     legislative jurisdiction means that the United States 
     (National Park Service) has, by cession or retention, all the 
     authority of the state and state fishing laws and regulations 
     do not apply.
       (f) Changes the committee names to reflect current titles 
     and conditions.
       (g) Use of Fees:
       (1) Technical change in the title.
       (2 & 3) Allows the 15% retained by the Park Service and 
     other agencies for fee collection costs to be figured on the 
     collections of the previous year, instead of the current 
     year. This will provide for a more accurate figure to be 
     retained, based on a full year's collections, rather than 
     partial year and estimates.
       (4) Establishes a National Park Renewal Fund to be used for 
     infrastructure repair, interpretive media and exhibit repair 
     and replacement, and infrastructure projects associated with 
     park resources. The fund would be established in 1996 with 
     funds available beginning in 1997. It would authorize the 
     National Park Service to retain and use, without further 
     appropriation, all new revenue generated by this legislation. 
     Procedures are to be developed for the distribution of these 
     funds by the agency.
       (5) Allows amounts covered into the existing U.S. Treasury 
     special account for the National Park Service that are 
     generated from admission fees, to be used for park operations 
     as opposed to limiting their expenditure to resource 
     protection, research, and interpretation.
       (h) Deletes language requiring that private entities 
     willing to sell Golden Eagle Passports pay the amount ``up 
     front''. Also deletes this portion from the section title.
       (i) Allows each park to retain 100 percent of receipts from 
     fees for transportation services, when charged in lieu of an 
     admission fee. Parks currently have authority to retain 50 
     percent of such fee receipts and deposit the remainder in the 
     existing U.S. Treasury special account for the National Park 
     Service, although no fees are currently collected under this 
     authority.
       (j) Combines the commercial tour use fee and admission fees 
     for commercial vehicles into a flat fee per entry, for such 
     vehicles. This would simplify fee collection and increase 
     revenue.
       (k) Authorizes ``reasonable'' fees for non-recreational or 
     commercial uses of units that require special arrangements. 
     Receipts from such fees would be retained at the park unit in 
     which the use takes place and remain available to cover the 
     cost of providing such services.
       (1) Applies the Land and Water Conservation Fund Act to any 
     federally owned area operated and maintained by a federal 
     agency for outdoor recreation purposes.
       Section 3. Renews the Secretary's expired authority to 
     collect fees for commercial vehicles driving through the 
     Delaware Water Gap National Recreation Area in Pennsylvania. 
     Effective September 30, 2005, the park would be closed to 
     commercial vehicles, except for local traffic. This section 
     is identical to HR 536 as passed by the House of 
     Representatives on March 14, 1995.
       Section 4. Authorizes the Secretary to enter into challenge 
     cost-share agreements with public or private entities to 
     share the costs of authorized National Park Service 
     activities.
       Section 5. Authorizes the Secretary and certain National 
     Park Service employees to seek donations for park purposes, 
     subject to limitations established by guidelines.
       Section 6. Allows the Federal government to recover the 
     cost of damages to national park resources and the Secretary 
     to use the money collected to repair damages. This authority 
     would be provided by amending P.L. 101-337, which authorizes 
     the Secretary to recover the cost of damages to national park 
     marine resources, to cover damages to all national park 
     resources.

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