[Congressional Record Volume 145, Number 59 (Wednesday, April 28, 1999)]
[Senate]
[Pages S4347-S4370]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. CLELAND:
S. 894. A bill to amend title 5, United States Code, to provide for
the establishment of a program under which long-term care insurance is
made available to Federal employees and annuitants, and for other
purposes; to the Committee on Governmental Affairs.
federal civilian and uniformed services long-term care insurance act of
1999
Mr. CLELAND. Mr. President, in support of the need for an initiative
to help address the growing long-term care needs of Americans, I am
pleased to introduce the Federal Civilian and Uniformed Services Long-
Term Care Insurance Act of 1999 in the Senate.
The Administration proposed a plan to offer long-term health care
insurance to federal civilian employees. Under my bill, the
administration's proposal is expanded to include federal civilian and
uniformed services employees, as well as foreign service employees.
This non-subsidized, quality private long-term care insurance option
can then be offered at an affordable group rate. It is anticipated that
300,000 Federal employees and 200,000 uniformed services employees
would voluntarily participate in such a long-term insurance plan. With
such participation, the Federal government could truly serve as the
model for employers for long-term care insurance.
The bill would make the following groups eligible for the long-term
care insurance: Civilian employees after continuously working for the
federal government for 6 months, Foreign Service employees, civilian
annuitants upon retirement, members of the Armed Services, retired
members of the Armed Services, and designated relatives, like parents
and parents-in-laws.
The bill also offers: (1) portability of this benefit regardless of
future federal or military employment as long as the monthly premium is
paid on a time, (2) a choice of plans to meet the insurer's needs from
up to three insurance carriers, and (3) a choice of cash or service
benefits (such as expense-incurred or indemnity method). Costs for this
program are anticipated to be no more than $15 million for OPM
administrative expenses.
The price of long-term care is very expensive both in terms of the
financial and emotional burden to families. In 1997, Medicare and
Medicaid spent $15.4 billion providing home health care to Americans.
In that same year, nursing home care cost American taxpayers
approximately $16.9 billion. What I am proposing is legislating the
ability to maintain self-reliance. The Federal Civilian and Uniformed
Services Long-Term Care Insurance Act of 1999 is an important step to
providing ``affordable, high-quality long-term care.'' I urge my
colleagues to support it.
Mr. President, I ask unanimous consent that the text of my
legislation be printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 894
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 ``Federal Civilian and
Uniformed Services Long-Term Care Insurance Act of 1999''.
SEC. 2. LONG-TERM CARE INSURANCE.
Subpart G of part III of title 5, United States Code, is
amended by adding after chapter 89 the following:
``Chapter 90--Long-Term Care Insurance
``Sec.
``9001. Definitions.
``9002. Eligibility to obtain coverage.
``9003. Contracting authority.
``9004. Long-term care benefits.
``9005. Financing.
``9006. Regulations.
``Sec. 9001. Definitions
``For purposes of this chapter, the term--
``(1) `activities of daily living' includes--
``(A) eating;
``(B) toileting;
``(C) transferring;
``(D) bathing;
``(E) dressing; and
``(F) continence;
``(2) `annuitant' has the meaning such term would have
under section 8901(3) if, for purposes of such paragraph, the
term `employee' were considered to have the meaning under
paragraph (7) of this section;
``(3) `appropriate Secretary' means--
``(A) except as otherwise provided in this paragraph, the
Secretary of Defense;
``(B) with respect to the United States Coast Guard when it
is not operating as a service of the Navy, the Secretary of
Transportation;
``(C) with respect to the commissioned corps of the
National Oceanic and Atmospheric Administration, the
Secretary of Commerce;
``(D) with respect to the commissioned corps of the Public
Health Service, the Secretary of Health and Human Services;
and
``(E) with respect to members of the Foreign Service, the
Secretary of State;
``(4) `assisted living facility' has the meaning given such
term under section 232 of the National Housing Act (12 U.S.C.
1715w);
``(5) `carrier' means a voluntary association, corporation,
partnership, or other nongovernmental organization that is
lawfully engaged in providing, paying for, or reimbursing the
cost of, qualified long-term care services under group
insurance policies or contracts, or similar group
arrangements, in consideration of premiums or other periodic
charges payable to the carrier;
``(6) `eligible individual' means--
``(A) an employee who has completed 6 months of continuous
service as an employee under other than a temporary
appointment limited to 6 months or less;
``(B) an annuitant;
``(C) a member of the uniformed services on active duty for
a period of more than 30 days or full-time National Guard
duty (as defined under section 101(d)(5) of title 10) who
satisfies such eligibility requirements as the Office
prescribes under section 9006(c);
``(D) a member of the uniformed services entitled to
retired or retainer pay (other than under chapter 1223 of
title 10) who satisfies such eligibility requirements as the
Office prescribes under section 9006(c);
``(E) a member of the Foreign Service who--
``(i) is described under section 103(1), (2), (3), (4), or
(5) of the Foreign Service Act of 1980 (22 U.S.C. 3903(1),
(2), (3), (4), or (5); and
``(ii) satisfies such eligibility requirements as the
Office prescribes under sanction 9006(c);
``(F) a member of the Foreign Service entitled to an
annuity under the Foreign Service Retirement and Disability
System or the Foreign Service Pension System who satisfies
such eligibility requirements as the Office prescribes under
section 9006(c); or
``(G) a qualified relative of a sponsoring individual;
``(7) `employee' means--
``(A) an employee as defined under section 8901(1) (A)
through (H); and
``(B) an individual described under section 2105(e);
``(8) `home and community care' has the meaning given such
term under section 1929 of the Social Security Act (42 U.S.C.
1396t(a));
``(9) `long-term care benefits plan' means a group
insurance policy or contract, or similar group arrangement,
provided by a carrier for the purpose of providing, paying
for, or reimbursing expenses for qualified long-term care
services;
``(10) `nursing home' has the meaning given such term under
section 1908 of the Social Security Act (42 U.S.C.
1396g(e)(1));
``(11) `Office' means the Office of Personnel Management;
``(12) `qualified long-term care services' has the meaning
given such term under section 7702B of the Internal Revenue
Code of 1986;
``(13) `qualified relative', as used with respect to a
sponsoring individual, means--
``(A) the spouse of such sponsoring individual;
``(B) a parent or parent-in-law of such sponsoring
individual; and
``(C) any other person bearing a relationship to such
sponsoring individual specified by the Office in regulations;
and
``(14) `sponsoring individual' refers to an individual
described under paragraph (6)(A), (B), (C), or (D).
``Sec. 9002. Eligibility to obtain coverage
``(a) Any eligible individual may obtain long-term care
insurance coverage under this chapter for such individual.
``(b)(1) As a condition for obtaining long-term care
insurance coverage under this
[[Page S4348]]
chapter based on an individual's status as a qualified
relative, certification from the applicant's sponsoring
individual shall be required as to--
``(A) such sponsoring individual's status, as described
under section 9001(6)(A), (B), (C), or (D) (as applicable),
as of the time of the qualified relative's application for
coverage; and
``(B) the existence of the claimed relationship as of that
time.
``(2) Any certification under paragraph (1) shall be
submitted at such time and in such form and manner as the
Office shall by regulation prescribe.
``(c) Nothing in this chapter shall be considered to
require that long-term care insurance coverage be made
available in the case of any individual who would be
immediately benefit eligible.
``Sec. 9003. Contracting authority
``(a) Without regard to section 3709 of the Revised
Statutes or other statute requiring competitive bidding, the
Office may contract with qualified carriers to provide group
long-term care insurance under this chapter, except that the
Office may not have contracts in effect under this section
with more than 3 qualified carriers.
``(b) To be considered a qualified carrier under this
chapter, a company shall be licensed to issue group long-term
care insurance in all the States and the District of
Columbia.
``(c)(1) Each contract under this section shall contain a
detailed statement of the benefits offered (including any
maximums, limitations, exclusions, and other definitions of
benefits), the rates charged (including any limitations or
other conditions on any subsequent adjustment), and such
other terms and conditions as may be mutually agreed to by
the Office and the carrier involved, consistent with the
requirements of this chapter.
``(2) The rates charged under any contract under this
section shall reasonably reflect the cost of the benefits
provided under such contract.
``(d) The benefits and coverage made available to
individuals under any contract under this section shall be
guaranteed to be renewable and may not be canceled by the
carrier except for nonpayment of charges.
``(e) Each contract under this section shall require the
carrier to agree to--
``(1) pay or provide benefits in an individual case if the
Office (or a duly designated third-party administrator) finds
that the individual involved is entitled to such payment or
benefit under the contract; and
``(2) participate in administrative procedures designed to
bring about the expeditious resolution of disputes arising
under such contract, including, in appropriate circumstances,
1 or more alternative means of dispute resolution.
``(f)(1)(A) Subject to subparagraph (B), each contract
under this section shall be for a term of 5 years, but may be
made automatically renewable from term to term in the absence
of notice of termination by either party.
``(B) The rights and responsibilities of the enrolled
individual, the insurer, and the Office (or duly designated
third-party administrator) under any such contract shall
continue until the termination of coverage of the enrolled
individual.
``(2) Group long-term care insurance coverage obtained by
an individual under this chapter shall terminate only upon
the occurrence of--
``(A) the death of the insured;
``(B) exhaustion of benefits, as determined under the
contract;
``(C) insolvency of the insurer, as determined under the
contract; or
``(D) any event justifying a cancellation under subsection
(d).
``(3) Subject to paragraph (2), each contract under this
section shall include such provisions as may be necessary
to--
``(A) effectively preserve all parties' rights and
responsibilities under such contract notwithstanding the
termination of such contract (whether due to nonrenewal under
paragraph (1) or otherwise); and
``(B) ensure that, once an individual becomes duly
enrolled, long-term care insurance coverage obtained by such
individual under that enrollment shall not be terminated due
to any change in status (as described under section 9001(6)),
such as separation from Government service or the uniformed
services, or ceasing to meet the requirements for being
considered a qualified relative (whether due to divorce or
otherwise).
``Sec. 9004. Long-term care benefits
``(a) Benefits under this chapter shall be provided under
qualified long-term care insurance contracts, within the
meaning of section 7702B of the Internal Revenue Code of
1986.
``(b) Each contract under section 9003, in addition to any
matter otherwise required under this chapter, shall provide
for--
``(1) adequate consumer protections (including through
establishment of sufficient reserves or reinsurance);
``(2) adequate protections in the event of carrier
bankruptcy (or other similar event);
``(3) availability of benefits upon appropriate
certification as to an individual's--
``(A) inability (without substantial assistance from
another individual) to perform at least 2 activities of daily
living for a period of at least 90 days due to a loss of
functional capacity;
``(B) having a level of disability similar (as determined
under regulations prescribed by the Secretary of the Treasury
in consultation with the Secretary of Health and Human
Services) to the level of disability described in
subparagraph (A); or
``(C) requiring substantial supervision to protect such
individual from threats to health and safety due to severe
cognitive impairment;
``(4) choice of cash or service benefits (such as the
expense-incurred method or the indemnity method);
``(5) inflation protection (whether through simple or
compounded adjustment of benefits); and
``(6) portability of benefits (consistent with section 9003
(d) and (f)).
``(c) To the maximum extent practicable, at least 1 of the
policies being offered under this chapter shall, in addition
to any matter otherwise required under this chapter, provide
for--
``(1) length-of-benefit options;
``(2) options relating to the provision of coverage in a
variety of settings, including nursing homes, assisted living
facilities, and home and community care;
``(3) options relating to elimination periods;
``(4) options relating to nonforfeiture benefits; and
``(5) availability of benefits upon appropriate
certification of medical necessity (as defined by the Office
in consultation with the Secretary of Health and Human
Services) not satisfying the requirements of subsection
(b)(3).
``(d)(1) The Office shall take all practicable measures to
ensure that, at least 1 of the long-term care benefits plans
available under this chapter shall be a Governmentwide long-
term care benefits plan.
``(2) Neither subsection (c)(5) nor the exception under
subsection (e) shall apply with respect to any Governmentwide
plan under this subsection.
``(e) Nothing in this chapter shall be considered to permit
or require the inclusion, in any contract, of provisions
inconsistent with section 7702B of the Internal Revenue Code
of 1986 or any other provision of such Code (except to the
extent necessary to carry out subsection (c)(5)).
``(f) If a State (or the District of Columbia) imposes any
requirement which is more stringent than the requirement
imposed by subsection (b)(1), the requirement imposed by
subsection (b)(1) shall be treated as met if the more
stringent requirement of the State (or the District of
Columbia) is met.
``Sec. 9005. Financing
``(a) Except as provided in subsection (b)(2), each
individual having long-term care insurance coverage under
this chapter shall be responsible for 100 percent of the
charges for such coverage.
``(b)(1) The amount necessary to pay the charges for
enrollment shall--
``(A) in the case of an employee, be withheld from the pay
of such employee;
``(B) in the case of an annuitant, be withheld from the
annuity of such annuitant;
``(C) in the case of a member of the uniformed services
described under section 9001(6)(C), be withheld from the
basic pay of such member; and
``(D) in the case of a member of the uniformed services
described in section 9001(6)(D), be withheld from the retired
pay or retainer pay payable to such member.
``(2) Withholdings to pay the charges for enrollment of a
qualified relative may, upon election of the sponsoring
individual involved, be withheld under paragraph (1) in the
same manner as if enrollment were for such sponsoring
individual.
``(3) All amounts withheld under paragraph (1) or (2) shall
be paid directly to the carrier.
``(c)(1) Any enrollee whose pay, annuity, or retired or
retainer pay (as referred to in subsection (b)(1)) is
insufficient to cover the withholding required for enrollment
(or who is not receiving any regular amounts from the
Government, as referred to in subsection (b)(1), from which
any such withholdings may be made) shall pay an amount
described under paragraph (2) (or, in the case of an enrollee
not receiving any regular amounts, the full amount of those
charges) directly to the carrier.
``(2) The amount referred to under paragraph (1) is the
amount equal to the difference between the amount of
withholding required for the enrollment and the amount
actually withheld.
``(d) Each carrier participating under this chapter shall
maintain all amounts received under this chapter separate
from all other funds.
``(e) Contracts under this chapter shall include
appropriate provisions under which each carrier shall
reimburse the Office or other administering entity for the
administrative costs incurred by the Office or such entity
under this chapter (such as for dispute resolution) which are
allocable to such carrier.
``Sec. 9006. Regulations
``(a) The Office shall prescribe regulations necessary to
carry out this chapter.
``(b)(1) Subject to paragraph (2), the regulations of the
Office shall prescribe the time at which and the manner and
conditions under which an individual may obtain long-term
care insurance under this chapter.
``(2) The regulations prescribed under this section shall
provide for an open enrollment period at least once each year
(similar to the open enrollment period provided under section
8905(f)).
``(c) Any regulations necessary to effect the application
and operation of this chapter
[[Page S4349]]
with respect to an eligible individual or a qualified
relative of such individual shall be prescribed by the Office
in consultation with the appropriate Secretary.''.
SEC. 3. EFFECTIVE DATE.
The amendments made by this Act shall take effect on the
date of enactment of this Act, except that no coverage may
become effective before the first calendar year beginning
after the expiration of the 18-month period beginning on the
date of enactment of this Act.
______
By Mr. LIEBERMAN (for himself, Mr. Santorum, Mr. Durbin, Mr.
Abraham, Mr. Robb, and Mr. Kerrey):
S. 895. A bill to provide for the establishment of Individual
Development Accounts (IDAs) that will allow individuals and families
with limited means an opportunity to accumulate assets, to access
education, to own their own homes and businesses, and ultimately to
achieve economic self-sufficiency, and for other purposes; to the
Committee on Finance.
savings for working families act
Mr. LIEBERMAN. Mr. President, with the economy in its 9th year
of record growth, unemployment the lowest its been in over 25 years,
and the stock market at an all time high, the following is worth
noting:
Fully a third of all American households have no financial assets to
speak of.
Another 20 percent have only negligible financial assets.
Almost half of all American children live in households that have no
financial assets.
Over 10 million Americans don't even have a bank account.
In our efforts to foster policies that encourage economic growth, we
have not done enough for the group that needs it the most--hardworking
low income Americans. We have established tax credits for retirement
plans, for home mortgages, for college education, and so on, all of
which make for good policy. The problem is that to take advantage of
these policies, you must already have some wealth. You must already
have some assets. To put it plainly, you cannot benefit from a home
mortgage credit if you do not have the wealth to buy a home.
So the challenge becomes creating a policy that helps low-income
Americans reach the point where they can take advantage of these
benefits. Any such policy must start with encouraging saving. Saving is
empowering. It allows families to weather the bad times, to live
without aid, and to deal with emergencies. Saving is also the first
step to building assets.
And having assets is a prerequisite for taking part in this economy.
That is because assets offer a way up. Whether it is a home, an
education, or a small business, assets can be leveraged to deal with
the bad times and usher in the good. That is why I believe that our tax
policies should provide more incentives for asset building.
So Mr. President today along with Senators Santorum, Durbin, Abraham,
Robb, and Kerrey of Nebraska, I offer tax legislation aimed at building
assets for low-income families. The Savings for Working Families Act is
centered around Individual Development Accounts (IDAs), an idea of Dr.
Michael Sherraden of Washington University: create a savings account
for low income workers that can be used to acquire assets, and allow
the saver to receive matching funds towards the purchase of those
assets.
The Savings for Working Families Act allows for the creation by
federally insured banks and credit unions of IDAs for U.S. citizens or
legal residents aged 18 or over, with a household income of not more
than 60 percent of area median income, and a household net worth that
does not exceed $10,000 excluding home equity and the value of one car.
The federal government will provide tax credits of up to $300 per
account to financial institutions to reimburse them for providing
matching funds for IDAs. All other sources of matching funds are
welcome as well, including employers, charitable organizations, and the
banks themselves.
Before an individual can use money from an IDA, he or she must
complete an economic literacy course that will be offered by
participating banks and community organizations. The course will teach
about saving, banking, investing, and IDAs. Two years from its
establishment the Act requires the Secretary of the Treasury to review
the program for its cost-effectiveness and make recommendations as
necessary to the Congress. We expect a cost of $200-500 million per
year.
This is not a handout. Because only earned income is matched, IDAs
only help those who are already trying to help themselves. Small IDA
programs already exist across the country and have been overwhelmingly
successfully. IDAs change the outlook of the saver. When you have
assets, you have a stake in the economy, and you act to protect that
stake.
For example, in Stamford, Connecticut a receptionist named Scharlene
is saving to start her own business through the CTE IDA program. She
had always thought of her interest in jewelry as a hobby. But after
working with CTE IDA program she has not only saved over $700, but has
also learned the basics of running a business. I met Scharlene, and I
can tell you that win or lose, she is on the path to success. I might
also add that the Connecticut State Treasurer, Ms. Denise Nappier, is
also investigating ways to set up a state-side IDA program, and I would
like to commend her for her efforts.
In the Sierra Ridge, Texas IDA program describes the case of Charles,
a 38 year old divorced father of two. He uses that IDA program to save
money for his children's education. Charles says that since he entered
the program he thinks more about where his money goes: ``Having to
commit to a long term goal makes us more aware that our decisions today
could have consequences for tomorrow.'' His oldest daughter is planning
on attending college in two years.
Another example comes from a Bonneville, Kentucky IDA program. There,
Pam, a 37 year old factory worker and mother of two, has been saving to
start her own business. ``I want to start a business and I will,'' Pam
said. Together with the matching funds she has saved over $1700 towards
a combination dry cleaners/video store. Her reasons are simple: ``I
want more for my children.''
IDAs are good for business too. Financial institutions like IDAs
because they bring some of the 10 million ``unbanked'' Americans into
the system, and because it allows them to support low-income
communities in a way that will ultimately be profitable for them. This
is an idea that gives the right incentives to a deserving group in an
effective and efficient manner. It is an idea that represents at once
both our support of equal opportunity and our emphasis on self
reliance. It is an idea whose time has come.
Mr. President, with Senators Santorum, Durbin, Abraham, Robb, and
Kerrey of Nebraska, I introduce the Savings for Working Families Act. I
ask that the text of this bill be included in the Record.
The bill follows:
S. 895
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 ``Savings
for Working Families Act''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Purposes.
Sec. 4. Definitions.
TITLE I--INDIVIDUAL DEVELOPMENT ACCOUNTS FOR LOW-INCOME WORKERS
Sec. 101. Structure and administration of individual development
account programs.
Sec. 102. Procedures for opening an Individual Development Account and
qualifying for matching funds.
Sec. 103. Contributions to Individual Development Accounts.
Sec. 104. Deposits by qualified financial institutions.
Sec. 105. Withdrawal procedures.
Sec. 106. Certification and termination of individual development
account programs.
Sec. 107. Reporting and evaluation.
Sec. 108. Funds in parallel accounts of program participants
disregarded for purposes of all means-tested Federal
programs.
TITLE II--INDIVIDUAL DEVELOPMENT ACCOUNT INVESTMENT CREDITS
Sec. 201. Matching funds for Individual Development Accounts provided
through a tax credit for qualified financial
institutions.
Sec. 202. CRA credit provided for individual development account
programs.
Sec. 203. Designation of earned income tax credit payments for deposit
to Individual Development Account.
[[Page S4350]]
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) One-third of all Americans have no assets available for
investment, and another 20 percent have only negligible
assets. The household savings rate of the United States lags
far behind other industrial nations, presenting a barrier to
national economic growth and preventing many Americans from
entering the economic mainstream by buying a house, obtaining
an adequate education, or starting a business.
(2) By building assets, Americans can improve their
economic independence and stability, stimulate the
development of human and other capital, and work toward a
viable and hopeful future for themselves and their children.
Thus, economic well-being does not come solely from income,
spending, and consumption, but also requires savings,
investment, and accumulation of assets.
(3) Traditional public assistance programs based on income
and consumption have rarely been successful in promoting and
supporting the transition to increased economic self-
sufficiency. Income-based social policies that meet
consumption needs (including food, child care, rent,
clothing, and health care) should be complemented by asset-
based policies that can provide the means to achieve long-
term independence and economic well-being.
(4) Individual Development Accounts (IDAs) can provide
working Americans with strong incentives to build assets,
basic financial management training, and access to secure and
relatively inexpensive banking services.
(5) There is reason to believe that Individual Development
Accounts would also foster greater participation in electric
fund transfers (EFT), generate financial returns, including
increased income, tax revenue, and decreased welfare cash
assistance, that will far exceed the cost of public
investment in the program.
SEC. 3. PURPOSES.
The purposes of this Act are to provide for the
establishment of individual development accounts projects
that will--
(1) provide individuals and families with limited means an
opportunity to accumulate assets and to enter the financial
mainstream;
(2) promote education, homeownership, and the development
of small businesses; and
(3) stabilize families and build communities.
SEC. 4. DEFINITIONS.
As used in this Act:
(1) Eligible Individual.--
(A) In general.--The term ``eligible individual'' means an
individual who--
(i) has attained the age of 18 years;
(ii) is a citizen or legal resident of the United States;
and
(iii) is a member of a household--
(I) which is eligible for the earned income tax credit
under section 32 of the Internal Revenue Code of 1986,
(II) which is eligible for assistance under a State program
funded under part A of title IV of the Social Security Act,
or
(III) the gross income of which does not exceed 60 percent
of the area median income (as determined by the Department of
Housing and Urban Affairs) and the net worth of which does
not exceed $10,000.
(B) Household.--The term ``household'' means all
individuals who share use of a dwelling unit as primary
quarters for living and eating separate from other
individuals.
(C) Determination of net worth.--
(i) In general.--For purposes of subparagraph (A)(iii)(II),
the net worth of a household is the amount equal to--
(I) the aggregate fair market value of all assets that are
owned in whole or in part by any member of a household, minus
(II) the obligations or debts of any member of the
household.
(ii) Certain assets disregarded.--For purposes of
determining the net worth of a household, a household's
assets shall not be considered to include the primary
dwelling unit and 1 motor vehicle owned by the household.
(2) Individual development account.--The term ``Individual
Development Account'' means a custodial account established
for an eligible individual as part of an individual
development account program established under section 101,
but only if the written governing instrument creating the
account meets the following requirements:
(A) No contribution will be accepted unless it is in cash,
by check, or by electronic fund transfer.
(B) The custodian of the account is a qualified financial
institution.
(C) The assets of the account will not be commingled with
other property except in a common trust fund or common
investment fund.
(D) Except as provided in section 105(b), any amount in the
account may be paid out only for the purpose of paying the
qualified expenses of the eligible individual.
(3) Qualified financial institution.--
(A) In general.--The term ``qualified financial
institution'' means any federally insured financial
institution, including any bank, trust company, savings bank,
building and loan association, savings and loan company or
credit union.
(B) Rule of construction.--Nothing in this paragraph shall
be construed as preventing an organization described in
subparagraph (A) from collaborating with 1 or more community-
based, not-for-profit organizations described in section
501(c)(3) of the Internal Revenue Code of 1986 and exempt
from taxation under section 501(a) of such Code to carry out
an individual development account program established under
section 101, including serving as a custodian for any
Individual Development Account.
(4) Qualified expenses.--The term ``qualified expenses''
means, with respect to an eligible individual, 1 or more of
the following paid from an Individual Development Account and
from a separate, parallel individual or pooled account, as
provided by a qualified financial institution:
(A) Post-secondary educational expenses.--Post-secondary
educational expenses paid directly to an eligible educational
institution. In this subparagraph:
(i) Post-secondary educational expenses.--The term ``post-
secondary educational expenses'' means the following:
(I) Tuition and fees.--Tuition and fees required for the
enrollment or attendance of a student at an eligible
educational institution.
(II) Fees, books, supplies and equipment.--Fees, books,
supplies, and equipment required for courses of instruction
at an eligible educational institution.
(ii) Eligible educational institution.--The term ``eligible
educational institution'' means the following:
(I) Institution of higher education.--An institution
described in section 481(a) or 1201(a) of the Higher
Education Act of 1965 (20 U.S.C. 1088(a)(1) or 1141(a)), as
such sections are in effect on the date of enactment of this
Act.
(II) Post-secondary vocational education school.--An area
vocational education school (as defined in subparagraph (c)
or (d) of section 521(4) of the Carl D. Perkins Vocational
and Applied Technology Education Act (20 U.S.C. 2471(a)))
which is in any State (as defined in section 521(33) of such
Act ), as such sections are in effect on the date of
enactment of this Act.
(B) First-home purchase.--Qualified acquisition costs with
respect to a qualified principal residence for a qualified
first-time home buyer, if paid directly to the persons to
whom the amounts are due. In this subparagraph:
(i) Qualified acquisition costs.--The term ``qualified
acquisition costs'' means the cost of acquiring,
constructing, or reconstructing a residence. The term
includes any usual or reasonable settlement, financing, or
other closing costs.
(ii) Qualified principal residence.--The term ``qualified
principal residence'' means a principal residence (within the
meaning of section 121 of the Internal Revenue Code of 1986).
(iii) Qualified first-time home buyer.--
(I) In general.--The term ``qualified first-time home
buyer'' means an individual participating in an individual
development account program (and, if married, the
individual's spouse) who has no present ownership interest in
a principal residence during the three-year period ending on
the date of acquisition of the principal residence to which
this subparagraph applies.
(II) Date of acquisition.--The term ``date of acquisition''
means the date on which a binding contract to acquire,
construct or reconstruct the principal residence to which
this subparagraph applies is entered into.
(C) Business capitalization.--Amounts paid directly to a
business capitalization account which is established in a
qualified financial institution and is restricted to use
solely for qualified business capitalization expenses. In
this subparagraph:
(i) Qualified business capitalization expenses.--The term
``qualified business capitalization expense'' means qualified
expenditures for the capitalization of a qualified business
pursuant to a qualified plan.
(ii) Qualified expenditures.--The term ``qualified
expenditures'' means expenditures included in a qualified
plan, including capital, plant, equipment, working capital
and inventory expenses.
(iii) Qualified business.--The term ``qualified business''
means any business that does not contravene any law or public
policy (to be determined by the Secretary).
(iv) Qualified plan.--The term ``qualified plan'' means a
business plan, or a plan to use a business asset purchased,
which--
(I) is approved by a financial institution, a micro
enterprise development organization, or a nonprofit loan fund
having demonstrated fiduciary integrity;
(II) includes a description of services or goods to be
sold, a marketing plan, and projected financial statements;
and
(III) may require the eligible individual to obtain the
assistance of an experienced entrepreneurial adviser.
(D) Qualified rollovers.--Amounts paid as qualified
rollovers. In this subparagraph, the term ``qualified
rollover'' means any amount paid directly--
(i) to another Individual Development Account established
for the benefit of the eligible individual in another
qualified financial institution, or
(ii) if such eligible individual dies, to an Individual
Development Account established for the benefit of another
eligible individual within 30 days of the date of death.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
[[Page S4351]]
TITLE I--INDIVIDUAL DEVELOPMENT ACCOUNTS FOR LOW-INCOME WORKERS
SEC. 101. STRUCTURE AND ADMINISTRATION OF INDIVIDUAL
DEVELOPMENT ACCOUNT PROGRAMS.
(a) Establishment of Individual Development Account
Programs.--Any qualified financial institution may establish
1 or more individual development account programs which meet
the requirements of this Act either on its own initiative or
in partnership with community-based, not-for-profit
organizations.
(b) Basic Program Structure.--
(1) In general.--All individual development account
programs shall consist of the following 2 components:
(A) An Individual Development Account to which an eligible
individual may contribute money in accordance with section
103.
(B) A separate, parallel individual or pooled account to
which all matching funds shall be deposited in accordance
with section 104.
(2) Tailored ida programs.--A qualified financial
institution may tailor its individual development account
program to allow matching funds to be spent on 1 or more of
the categories of qualified expenses.
(c) Number of Accounts.--
(1) In general.--The average number of active Individual
Development Accounts in an individual development account
program at any 1 banking office of a qualified financial
institution shall be limited to the applicable limit.
(2) Applicable limit.--For purposes of this title, the
applicable limit shall be determined in accordance with the
following table:
Applicable
``Calendar year: Limit:
2000.........................................................100 ....
2001.........................................................200 ....
2002.........................................................300 ....
2003.........................................................400 ....
2004 and thereafter..........................................500.....
(d) Tax Treatment of Accounts.--Any account described in
subparagraph (B) of subsection (b)(1) is exempt from taxation
under the Internal Revenue Code of 1986 unless such account
has ceased to be such an account by reason of section 105(c)
or the termination of the individual development account
program under section 106(b).
SEC. 102. PROCEDURES FOR OPENING AN INDIVIDUAL DEVELOPMENT
ACCOUNT AND QUALIFYING FOR MATCHING FUNDS.
(a) Opening an Account.--An eligible individual must open
an Individual Development Account with a qualified financial
institution and contribute money in accordance with section
103 to qualify for matching funds in a separate, parallel
individual or pooled account.
(b) Required Completion of Economic Literacy Course.--
Before becoming eligible to withdraw matching funds to pay
for qualified expenses, holders of Individual Development
Accounts must complete an economic literacy course offered by
the qualified financial institution, a nonprofit
organization, or a government entity.
SEC. 103. CONTRIBUTIONS TO INDIVIDUAL DEVELOPMENT ACCOUNTS.
(a) In General.--Except in the case of a qualified
rollover, individual contributions to an Individual
Development Account will not be accepted for the taxable year
in excess of an amount equal to the compensation (as defined
in section 219(f)(1) of the Internal Revenue Code of 1986)
includible in the individual's gross income for such taxable
year.
(b) Proof of Compensation and Status as an Eligible
Individual.--Federal W-2 forms and other forms specified by
the Secretary proving the eligible individual's wages and
other compensation and the status of the individual as an
eligible individual shall be presented to the custodian at
the time of the establishment of the Individual Development
Account and at least once annually thereafter.
(c) Time When Contributions Deemed Made.--For purposes of
this section, a taxpayer shall be deemed to have made a
contribution to an Individual Development Account on the last
day of the preceding taxable year if the contribution is made
on account of such taxable year and is made not later than
the time prescribed by law for filing the Federal income tax
return for such taxable year (not including extensions
thereof).
(d) Cross Reference.--
For designation of earned income tax credit payments for deposit to
an Individual Development Account, see section 32(o) of the Internal
Revenue Code of 1986.
SEC. 104. DEPOSITS BY QUALIFIED FINANCIAL INSTITUTIONS.
(a) Separate, Parallel Individual or Pooled Accounts.--The
qualified financial institution shall deposit all matching
funds for each Individual Development Account into a
separate, parallel individual or pooled account. The parallel
account or accounts shall earn not less than the market rate
of interest.
(b) Regular Deposits of Matching Funds.--
(1) In general.--Subject to paragraph (2), the qualified
financial institution shall deposit not less than quarterly
into the separate, parallel account with respect to each
eligible individual the following:
(A) A dollar-for-dollar match for the first $300
contributed by the eligible individual into an Individual
Development Account with respect to any taxable year.
(B) Any matching funds provided by State, local, or private
sources in accordance to the matching ratio set by those
sources.
(2) Cross reference.--
For allowance of tax credit to qualified financial institutions for
Individual Development Account subsidies, including matching funds, see
section 30B of the Internal Revenue Code of 1986.
(c) Forfeiture of Matching Funds.--Matching funds that are
forfeited under section 105(b) shall be used by the qualified
financial institution to pay matches for other Individual
Development Account contributions by eligible individuals.
(d) Exclusion From Income.--Gross income of an eligible
individual shall not include any matching fund deposited into
a parallel account under subsection (b) on behalf of such
individual.
(e) Uniform Accounting Regulations.--The Secretary shall
prescribe regulations with respect to accounting for matching
funds from all possible sources in the parallel accounts.
(f) Regular Reporting of Matching Deposits.--Any qualified
financial institution shall report matching fund deposits to
eligible individuals with Individual Development Accounts on
not less than a quarterly basis.
SEC. 105. WITHDRAWAL PROCEDURES.
(a) Withdrawals for Qualified Expenses.--
(1) Request for withdrawal.--To withdraw money from an
eligible individual's Individual Development Account to pay
qualified expenses of such individual or such individual's
spouse or dependents, an eligible individual shall obtain
permission from the custodian of the individual development
account program. Such permission may include a request to
withdraw matching funds from the applicable parallel account.
(2) Disbursement of funds.--Once permission to withdraw
funds is granted under paragraph (1), the qualified financial
institution shall directly transfer such funds from the
Individual Development Account, and, if applicable, from the
parallel account electronically to the vendor or other
Individual Development Account. If the vendor is not equipped
to receive funds electronically, the qualified financial
institution may issue such funds by paper check to the
vendor.
(3) Resolution of disputes.--The qualified financial
institution shall establish a grievance procedure to hear,
review, and decide in writing any grievance made by an
Individual Development Account holder who disputes a decision
of the operating organization that a withdrawal is not for
qualified expenses.
(b) Withdrawals for Nonqualified Expenses.--An Individual
Development Account holder may unilaterally withdraw funds
from the Individual Development Account for purposes other
than to pay qualified expenses, but shall forfeit the
corresponding matching funds and interest earned on the
matching funds by doing so, unless such withdrawn funds are
recontributed to such Account within 1 year of withdrawal.
(c) Deemed Withdrawals From Accounts of Noneligible
Individuals.--If, during any taxable year of the individual
for whose benefit an Individual Development Account is
established, such individual ceases to be an eligible
individual, such account shall cease to be an Individual
Development Account as of the first day of such taxable year
and any balance in such account shall be deemed to have been
withdrawn on such first day by such individual for purposes
other than to pay qualified expenses.
(d) Tax Treatment of Withdrawn Amounts.--Any amount
withdrawn from an Individual Development Account or any
matching funds withdrawn from a parallel account shall be
includible in gross income to the extent such amount has not
previously been so includible.
SEC. 106. CERTIFICATION AND TERMINATION OF INDIVIDUAL
DEVELOPMENT ACCOUNT PROGRAMS.
(a) Certification Procedures.--Upon establishing an
individual development account program under section 101, a
qualified financial institution shall certify to the
Secretary on forms prescribed by the Secretary and
accompanied by any documentation required by the Secretary,
that--
(1) the accounts described in subparagraphs (A) and (B) of
section 101(b)(1) are operating pursuant to all the
provisions of this Act; and
(2) the qualified financial institution agrees to implement
an information system necessary to permit the Secretary to
evaluate the cost and effectiveness of the individual
development account program.
(b) Authority To Terminate IDA Program.--If the Secretary
determines that a qualified financial institution under this
Act is not operating an individual development account
program in accordance with the requirements of this Act (and
has not implemented any corrective recommendations directed
by the Secretary), the Secretary shall terminate such
institution's authority to conduct the program. If the
Secretary is unable to identify a qualified financial
institution to assume the authority to conduct such program,
then any account established for the benefit of any eligible
individual under such program shall cease to be an Individual
Development Account as of the first day of such termination
and any balance in such account shall be deemed to have been
withdrawn on such first day by such individual for purposes
other than to pay qualified expenses.
[[Page S4352]]
SEC. 107. REPORTING AND EVALUATION.
(a) Responsibilities of Qualified Financial Institutions.--
Each qualified financial institution that establishes an
individual development account program under section 101
shall report annually to the Secretary within 90 days after
the end of each calendar year on--
(1) the number of eligible individuals making contributions
into Individual Development Accounts;
(2) the amounts contributed into Individual Development
Accounts and deposited into the separate, parallel accounts
for matching funds;
(3) the amounts withdrawn from Individual Development
Accounts and the separate, parallel accounts, and the
purposes for which such amounts were withdrawn;
(4) the balances remaining in Individual Development
Accounts and separate, parallel accounts; and
(5) such other information needed to help the Secretary
evaluate the cost and effectiveness of the individual
development account program.
(b) Responsibilities of the Secretary.--
(1) Two-year evaluation.--Not later than 24 months after
the date of enactment of this Act, the Secretary shall
evaluate the cost and effectiveness of the individual
development account programs established under section 101.
In addition, the Secretary shall evaluate the effect of the
account limitation under section 101(c) on each banking
office of a qualified financial institution and make
recommendations for its adjustment or removal.
(2) Four-year evaluation.--Not later than 48 months after
the date of enactment of this Act, the Secretary shall
evaluate the effect of the individual development account
programs established under section 101 on the eligible
individuals.
(3) Subsequent annual evaluations.--In each subsequent year
after the first evaluation under paragraph (1) or (2), the
Secretary shall issue an update on the status of such
individual development account programs.
(4) Appropriations for evaluations.--There is authorized to
be appropriated $5,000,000 for the purposes of evaluating
individual development account programs established under
section 101, to remain available until expended.
SEC. 108. FUNDS IN PARALLEL ACCOUNTS OF PROGRAM PARTICIPANTS
DISREGARDED FOR PURPOSES OF ALL MEANS-TESTED
FEDERAL PROGRAMS.
Notwithstanding any other provision of law that requires
consideration of 1 or more financial circumstances of an
individual, for the purposes of determining eligibility to
receive, or the amount of, any assistance or benefit
authorized by such law to be provided to or for the benefit
of such individual, funds (including interest accruing) in
any parallel account shall be disregarded for such purpose
with respect to any period during which the individual
participates in an individual development account program
established under section 101.
TITLE II--INDIVIDUAL DEVELOPMENT ACCOUNT INVESTMENT CREDITS
SEC. 201. MATCHING FUNDS FOR INDIVIDUAL DEVELOPMENT ACCOUNTS
PROVIDED THROUGH A TAX CREDIT FOR QUALIFIED
FINANCIAL INSTITUTIONS.
(a) In General.--Subpart B of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 (relating to
other credits) is amended by inserting after section 30A the
following:
``SEC. 30B. INDIVIDUAL DEVELOPMENT ACCOUNT INVESTMENT CREDIT
FOR QUALIFIED FINANCIAL INSTITUTIONS.
``(a) Determination of Amount.--There shall be allowed as a
credit against the applicable tax for the taxable year an
amount equal to the individual development account investment
provided by a qualified financial institution during the
taxable year under an individual development account program
established under section 101 of the Savings for Working
Families Act.
``(b) Applicable Tax.--For the purposes of this section,
the term `applicable tax' means the excess (if any) of--
``(1) the sum of--
``(A) the tax imposed under this chapter (other than the
taxes imposed under the provisions described in subparagraphs
(C) through (Q) of section 26(b)(1)), plus
``(B) the tax imposed under section 3111, over
``(2) the credits allowable under subparts B and D of this
part.
``(c) Individual Development Account Investment.--For
purposes of this section, the term `individual development
account investment' means, with respect to an individual
development account program of a qualified financial
institution in any taxable year, an amount equal to the sum
of--
``(1) the aggregate amount of dollar-for-dollar matches
under such program by such institution under section 104 of
the Savings for Working Families Act for such taxable year,
plus
``(2) an amount equal to the lesser of--
``(A) 50 percent of the aggregate costs paid or incurred
under such program by such institution during such taxable
year--
``(i) to provide economic literacy training to Individual
Development Account holders under section 102(b) of such Act,
either directly or indirectly through nonprofit organizations
or government entities, and
``(ii) to underwrite the activities of collaborating
community-based, not-for-profit organizations (within the
meaning of section 4(3)(B) of such Act), or
``(B) $100, times the total number of Individual
Development Accounts maintained by such institution under
such program during such taxable year.
``(d) Other Definitions.--For purposes of this section, the
terms `Individual Development Account' and `qualified
financial institution' have the meanings given such terms by
section 4 of the Savings for Workings Families Act.
``(e) Regulations.--The Secretary may prescribe such
regulations as may be necessary or appropriate to carry out
this section, including regulations providing for a recapture
of the credit allowed under this section in cases where there
is a forfeiture under section 105(b) of the Savings for
Workings Families Act in a subsequent taxable year of any
amount which was taken into account in determining the amount
of such credit.''
(b) Transfer to Trust Funds.--The Secretary of the Treasury
shall transfer from the general fund of the United States
Treasury to the Federal Old-Age and Survivors Insurance Trust
Fund, the Federal Disability Insurance Trust Fund, and the
Federal Hospital Insurance Trust Fund amounts equivalent to
the amount of the reduction in taxes imposed by section 3111
of the Internal Revenue Code of 1986 by reason of the credit
determined under section 30B (relating to the individual
development account investment credit for qualified financial
institutions). Any such transfer shall be made at the same
time that the reduced taxes would have been deposited in such
Trust Funds.
(c) Conforming Amendment.--The table of sections for
subpart B of part IV of subchapter A of chapter 1 of the
Internal Revenue Code of 1986 is amended by inserting after
the item relating to section 30A the following:
``Sec. 30B. Individual development account investment credit for
qualified financial institutions.''
(d) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
1999.
SEC. 202. CRA CREDIT PROVIDED FOR INDIVIDUAL DEVELOPMENT
ACCOUNT PROGRAMS.
Qualified financial institutions which establish individual
development account programs under section 101 shall receive
credit for funding, administration, and education expenses
under the services test contained in regulations for the
Community Reinvestment Act of 1977 for those activities
related to Individual Development Accounts.
SEC. 203. DESIGNATION OF EARNED INCOME TAX CREDIT PAYMENTS
FOR DEPOSIT TO INDIVIDUAL DEVELOPMENT ACCOUNT.
(a) In General.--Section 32 of the Internal Revenue Code of
1986 (relating to earned income credit) is amended by adding
at the end the following:
``(o) Designation of Credit for Deposit to Individual
Development Account.--
``(1) In general.--With respect to the return of any
eligible individual (as defined in section 4(1) of the
Savings for Working Families Act) for the taxable year of the
tax imposed by this chapter, such individual may designate
that a specified portion (not less than $1) of any
overpayment of tax for such taxable year which is
attributable to the credit allowed under this section shall
be deposited by the Secretary into an Individual Development
Account (as defined in section 4(2) of such Act) of such
individual. The Secretary shall so deposit such portion
designated under this paragraph.
``(2) Manner and time of designation.--A designation under
paragraph (1) may be made with respect to any taxable year--
``(A) at the time of filing the return of the tax imposed
by this chapter for such taxable year, or
``(B) at any other time (after the time of filing the
return of the tax imposed by this chapter for such taxable
year) specified in regulations prescribed by the Secretary.
Such designation shall be made in such manner as the
Secretary prescribes by regulations.
``(3) Portion attributable to earned income tax credit.--
For purposes of paragraph (1), an overpayment for any taxable
year shall be treated as attributable to the credit allowed
under this section for such taxable year to the extent that
such overpayment does not exceed the credit so allowed.
``(4) Overpayments treated as refunded.--For purposes of
this title, any portion of an overpayment of tax designated
under paragraph (1) shall be treated as being refunded to the
taxpayer as of the last date prescribed for filing the return
of tax imposed by this chapter (determined without regard to
extensions) or, if later, the date the return is filed.
``(5) Termination.--This subsection shall not apply to any
taxable year beginning after December 31, 2006.''
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
1999.
______
By Mr. GRAMS (for himself, Mr. Abraham, and Mr. Kyl):
S. 896. A bill to abolish the Department of Energy, and for other
purposes; to the Committee on Energy and Natural Resources.
[[Page S4353]]
THE DEPARTMENT OF ENERGY ABOLISHMENT ACT OF 1999
Mr. GRAMS. Mr. President, I rise to introduce The Department of
Energy Abolishment Act of 1999. I am pleased to include as original
cosponsors Senator Spencer Abraham and Senator Jon Kyl and want to
thank them for their support both this year and in past Congresses.
I would also like to say that Congressman Todd Tiahrt will be
introducing his DOE elimination bill today in the House of
Representatives and I thank him for his continued leadership and
cooperation on this issue.
As many of my colleagues are aware, the effort to eliminate the DOE
is not a new endeavor. In fact, since its inception, experts have been
clamoring to eliminate the Department and to move its programs back to
the agencies from which they were taken--agencies better suited to
achieving specific programmatic goals.
When we began to look into the specifics of DOE elimination in the
104th Congress, we considered three main issues. First, we examined the
fact that the Department of Energy no longer has a mission--a situation
clearly reflected by the fact that nearly 85 percent of its budget is
expended upon ``non-energy'' programs.
The Department was created to develop a long-term energy strategy
with an ultimate goal of energy indepedence. Sadly, we are now far more
reliant upon foreign energy sources than we were when the Department
was created.
During the long oil lines of the 1970s, we were about 35 percent
dependent on foreign oil. Today, it is more than 60 percent. So our
foreign oil dependency has grown, and a lack of an energy strategy is a
result of the failure of the DOE.
I recall at one point Secretary Hazel O'Leary commented that we
should consider taking the word ``energy'' out of the Department's name
because it was such a small portion of its overall activity. Next, we
studied those programs charged to the DOE and reviewed its ability to
meet the related job requirements.
And finally, we looked at the DOE's ever-increasing budget in light
of the first two criterion--determining whether the taxpayers should be
forced to expend nearly $18 billion annually on this bureacratic
hodgepodge.
Now, I want to be up front and say for the record that I acknowledge
the difficulties inherent in eliminating a cabinet-level agency. I am
keenly aware that the chances of passing this bill into law in this
Congress, with this Administration, and in a presidential election year
are difficult.
Those chances may be exactly as they were in 1996 when I first
introduced this legislation and when we held our first hearing on the
matter, but unfortunately, the reasons for offering the bill haven't
changed.
In 1996, the opponents of this legislation charged that it was
unnecessary. They claimed that the Department was headed in the right
direction and making the changes necessary to both justify its mission
and reduce its bloated budget.
The call of many Members of Congress to eliminate the Department
encouraged a group of DOE supporters to back a hastily arranged set of
objectives in defense of the DOE's record of mismanagement.
At the time of the 1996 hearings on this legislation, the backers of
the Department relied largely on the DOE's Strategic Alignment and
Downsizing Initiative as a defense against charges that the Department
wasted too much money and that the Department was involved in a two-
decades old scavenger hunt for new missions.
The Strategic Alignment and Downsizing Initiative, its proponents
claimed, would save taxpayers over $14 billion in 5 years and change
the way the DOE conducted business. Regrettably, those projections were
never met and the Initiative was never taken seriously--even by the
same people who touted its promise.
In fact, while they have continued their reluctance to reduce their
budget--they have continuously sought billions of dollars in budget
increase to fund their on-going mission creep. So I think its
worthwhile to look back on the great hopes those opposed to my bill
placed on this proposal.
While speaking about this legislation on September 4, 1996, in the
Energy and Natural Resources Committee, Senator Bennett Johnston said,
``Maybe all of this would be worth doing if we were going to save the
taxpayers a lot of money. But the operational savings claimed by S.
1678 by the Heritage Foundation are actually less than the operational
savings that would be realized by the Department's on-going strategic
realignment initiative, savings that the GAO has testified are real.''
In other words, the Senator was saying that the Department of Energy
would save more money for the taxpayers by doing a better job than we
could by eliminating the department.
As I stated earlier, Mr. President, the Strategic Alignment and
Downsizing Initiative--the great hope of DOE's defenders in 1996--
hasn't achieved one red cent of budgetary savings over the last 4
years, and it doesn't appear that anything is going to change anytime
soon. Regrettably, the Strategic Alignment and Downsizing Initiative
isn't the only improvement the Department has failed to make over the
past four years.
Today, commercial nuclear waste still sits at 73 sites in 34 states
despite both legal and contractual obligations that mandated the
removal of the waste by January 31, 1998, more than a year ago.
Since my election to the Senate in 1994, I have listened to a parade
of DOE witnesses tell the Energy and Natural Resources Committee that
they are committed to resolving this conflict and living up to their
responsibilities. Every nominee I have questioned has told me how
important this issue is to them and how they are going to work with
Congress. But not one of them--not one--in any substantive way, has
taken actions which generate faith in Congress that the DOE is capable
of fulfilling its promises. Again--not one--nominee has delivered on
their promises--instead, of what they need to say to get confirmed and
then return to business as usual.
They don't keep their promises. They say what they need to say, what
Congress wants to hear to get confirmed, and then they go on with
business as usual.
Today, the Government Performance and Results Act paints a clear
picture of how difficult it is to get a grip on the size of problems at
the Department of Energy. The Department's final strategic plan, which
took four years of preparation, scored a pathetic 43.5 points out of a
possible 100. That is how good this is.
And the DOE's FY99 annual performance plan was ranked fourth from
last of all government agencies--scoring 30 out of a possible 100. No
business, no college student, no family, could consistently perform so
miserably and yet maintain a cushy existence of even larger and larger
budgets.
But thanks to an indifferent Administration, and a Congress that
places too little importance on its oversight role, the DOE continues
along with the knowledge that its protectors will keep the lights on
and the funding flowing without any regard for the American taxpayer.
And today, as this nation continues to grow increasingly dependent
upon foreign oil--in total contrast to the DOE's core mission. Even in
light of this Administration's focus on alternative energy, the DOE
expends less than one-sixth of its budget on ``energy'' related
programs--a trend that clearly will continue well into the future.
Let me be the first to state that the proposals contained within this
bill are not all of my own. The idea to eliminate the Department of
Energy is not a new one--since its creation in 1978, experts have been
clamoring to abolish this ``agency in search of a mission.'' This bill
represents the comments and input of many who have worked in these
fields for decades, but, I consider it a work in progress.
Under the Department of Energy Abolishment Act of 1999, we dismantle
the patchwork quilt of government initiatives--reassembling them into
agencies better equipped to accomplish their basic goals; we refocus
and increase federal funding towards basic research by eliminating
corporate welfare; and, we abolish the bloated, duplicative upper
management bureaucracy.
First, we begin by eliminating Energy's cabinet-level status and
establishing a three-year Resolution Agency
[[Page S4354]]
to oversee the transition. This is critical to ensuring progress
continues to be made on the core programs.
Under Title I, the Federal Energy Regulatory Commission (FERC) is
spun off to become an independent agency, as it was prior to the
creation of the DOE. The division which oversees hearings and appeals
is eliminated, with all pending cases transferred to the Department of
Justice for resolution within 1 year. The functions of the Energy
Information Administration are transferred to the Department of
Interior with the instruction to privatize as many as possible. And
with the exception of research being conducted by the DOE labs, basic
science and energy research functions are transferred to Interior for
determination on which are basic research, and which can be privatized.
Those deemed as core research will be transferred to the National
Science Foundation and reviewed by an independent commission. Those
that are more commercial in nature will be subject to disposition
recommendations by the Secretary of Interior.
The main reasoning behind this is to ensure the original mission of
the DOE--to develop this nation's energy independence--is carried out.
With scarce taxpayer dollars currently competing against defense and
cleanup programs within the DOE, it's no surprise that little progress
has been made. However, by refocusing dollars into competitive
alternative energy research, we will maximize the potential for areas
such as solar, wind, biomass, etc.
For states like Minnesota, where the desire for renewable energy
technologies is high, growth in these areas could help fend off our
growing dependence upon foreign oil while protecting our environment.
Under Title II, the laboratory structure within the DOE is revamped.
First, the three ``defense labs'' are transferred to the Defense
Department. They include Sandia, Los Alamos and Lawrence Livermore. The
remaining labs are studied by a ``Non-defense Energy Laboratory
Commission''.
This independent commission operates much like the Base Closure
Commission and can recommend restructuring, privatization or a transfer
to the DOD as alternatives to closure. Congress is granted fast-track
authority to adopt the Commission's recommendations.
Title III directs the General Accounting Office to assess an
inventory of the Power Marketing Administration's assets, liabilities,
etc. This inventory is aimed at ensuring fair treatment of current
customers and a fair return to the taxpayers. All issues, including
payments by current customers, must be included in the GAO audit.
Petroleum Reserves are the focus of Title IV. The Naval Petroleum
Reserve is targeted for immediate sale. Any of the reserves that are
unable to be disposed of within the three-year window will be sold
transitionally from the Interior Department.
The Strategic Petroleum Reserve is transferred to the Defense
Department and an audit on value and maintenance costs is conducted by
the GAO. Then, the DOD is charged with determining how much oil to
maintain for national security purposes after reviewing the GAO report.
Under Titles V and VI, all of the national security and environmental
restoration/management activities are sent to the Department of
Defense.
Therefore, all defense-related activities are transferred back to
Defense, but are placed in a new civilian controlled agency (the
Defense Nuclear Programs Agency) to ensure budget firewalls and
civilian control over sensitive activities such as arms control and
nonproliferation activities.
And the program which has received much criticism as of late, the
Civilian Nuclear Waste Program, is transferred to the Corps of
Engineers. This section dovetails legislation adopted by the Senate
last Congress. A key element is that the interim storage site is
designated at Nevada's Test Site Area 25.
As I mentioned in the beginning of my statement, while I believe we
should eliminate the Department as cabinet-level agency, I appreciate
the difficulty involved in accomplishing this goal now and realize the
opposition to this among many of my colleagues. For that reason, I
believe it is important to point out that the reasons I have outlined
for eliminating the Department have a dual purpose--they can also serve
as reasons for improving the Department.
Toward that end, I am willing to work with any Member of the Senate
and House to improve, downsize, or restructure the DOE. I have long
advocated positions which are consistent with my beliefs.
I am an original co-sponsor of The Nuclear Waste Policy Act of 1999--
legislation I believe is essential to fulfilling the DOE's promises to
America's ratepayers and taxpayers. I have been a strong supporter of
legislation and efforts which are aimed at improving our nation's
energy security by promoting domestically produced alternative and
renewable fuels. Those efforts have included support for extending the
ethanol tax credit, including biodiesel as an alternative fuel under
the Energy Policy Act, cosponsoring the Wind Energy Tax Credit,
cosponsoring the Poultry Litter Tax Credit legislation, and
cosponsoring legislation to reform the hydropower relicensing process.
Briefly, I believe those efforts strengthen the original mission of
the Department of Energy. My bottom line is, I want America's taxpayers
to be assured they are receiving a proper return on their investment.
The taxpayers need to have confidence they are receiving the services
they deserve. Unfortunately, the record of the Department of Energy is
evidence in part of our reliance upon foreign oil, by the nuclear waste
program debacle and by the low ratings it receives under the Government
Performance and Results Act, and is a record of failure the taxpayers
should no longer be forced to bear.
I patiently awaited the reforms and savings promised by the
Department and its advocates, but the waiting continues and the savings
never developed. As long as this is the case, I will continue to offer
my legislation to dismantle the Department of Energy and shift its
responsibilities elsewhere.
I send the bill to the desk and ask it be referred to the proper
committees.
The PRESIDING OFFICER. The bill will be received.
______
By Mr. BAUCUS (for himself and Mr. Hagel):
S. 897. A bill to provide matching grants for the construction,
renovation and repair of school facilities in areas affected by Federal
activities, and for other purposes; to the Committee on Health,
Education, Labor, and Pensions.
federally impacted school improvement act
Mr. HAGEL. Mr. President, I join the senior Senator from Montana,
Senator Baucus, in introducing the Federally Impacted School
Improvement Act. This bipartisan legislation is designed to renew and
enhance the partnership between the federal government and schools
located on or around Indian reservations and military bases.
For almost fifty years Congress has provided financial assistance to
school districts impacted by a federal presence. Up until 1994,
Congress also provided funding to help these communities defray the
cost of building and repairing their schools.
The loss of this particular revenue over the last five years,
combined with the continued under-funding for almost 15 years of the
impact aid program in general, has left school districts that serve
military and Indian children scrambling to finance their routine costs.
As a result, many of these schools now have buildings that are
antiquated, overcrowded and compromise the health and safety of their
students.
The Federally Impacted School Improvement Act takes a step toward
correcting this situation by providing matching grants that impacted
schools can use to address their most pressing modernization needs.
This Act authorizes a federal appropriation of $50 million for each of
the next five fiscal years for impact aid school construction and
repair.
Forty-five percent of the funds appropriated under the bill go to
Indian lands. Another forty-five percent is dedicated to military
schools. The final ten percent will be reserved for emergency
situations.
In order to make limited federal funds go farther, our bill calls for
local communities to contribute their share to this effort. Schools and
communities will have to match the federal grants
[[Page S4355]]
on all but the 10% appropriated for emergencies. This is done to ensure
that all--or at least more--impacted schools will have the opportunity
to use these new grants to improve their facilities.
The federal government cannot and should not be all things to all
people. However, Congress has a responsibility to ensure that highly
impacted school districts, such as Bellevue and Santee, Nebraska, are
not shortchanged.
The hardships faced by our military personnel, their families and
individuals living on Indian reservations are well known. Their
children deserve no less than the best educational facilities.
The Federally Impacted School Improvement Act helps to meet our
commitment to schools and children impacted by a federal presence. It
makes good use of our limited federal resources. It embodies what we
should be doing more of--building partnerships between local
communities, taxpayers and government in order to strengthen our
schools.
I urge my colleagues to support this legislation. I also request
unanimous consent that the bill and a letter sent to me by the Northern
Nebraska Native American Consortium be placed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
S. 897
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; FINDINGS; PURPOSE.
(a) Short Title.--This Act may be cited as the ``Federally
Impacted School Improvement Act''.
(b) Findings.--Congress makes the following findings:
(1) In 1950 Congress recognized its obligation, through the
passage of Public Law 81-815, to provide school construction
funding for local educational agencies impacted by the
presence of Federal activities.
(2) The conditions of federally impacted school facilities
providing educational programs to children in areas where the
Federal Government is present have deteriorated to such an
extent that the health and safety of the children served by
such agencies is being compromised, and the school conditions
have not kept pace with the increase in student population
causing classrooms to become severely overcrowded and
children to be educated in trailers.
(3) Local educational agencies in areas where there exists
a significant Federal presence have little if any capacity to
raise local funds for purposes of capital construction,
renovation and repair due to the nontaxable status of Federal
land.
(4) The need for renewed support by the Federal Government
to help federally connected local educational agencies
modernize their school facilities is far greater in 2000 than
at any time since 1950.
(5) Federally connected local educational agencies and the
communities the agencies serve are willing to commit local
resources when available to modernize and replace existing
facilities, but do not always have the resources available to
meet their total facility needs due to the nontaxable
presence of the Federal Government.
(6) Due to the conditions described in paragraphs (1)
through (5) there is in 1999, as there was in 1950, a need
for Congress to renew its obligation to assist federally
connected local educational agencies with their facility
needs.
(c) Purpose.--The purpose of this Act is to provide
matching grants to local educational agencies for the
modernization of minimum school facilities that are urgently
needed because--
(1) the existing school facilities of the agency are in
such disrepair that the health and safety of the students
served by the agency is threatened; and
(2) increased enrollment results in a need for additional
classroom space.
SEC. 2. DEFINITIONS.
In this Act:
(1) Modernization.--The term ``modernization'' means the
repair, renovation, alteration, or construction of a
facility, including--
(A) the concurrent installation of equipment; and
(B) the complete or partial replacement of an existing
facility, but only if such replacement is less expensive and
more cost-effective than repair, renovation, or alteration of
the facility.
(2) Facility.--The term ``facility'' means a public
structure suitable for use as a classroom, laboratory,
library, media center, or related facility, the primary
purpose of which is the instruction of public elementary
school or secondary school students.
(3) 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.
(4) Secretary.--The term ``Secretary'' means--
(A) with respect to funds made available under paragraph
(1) or (3) of section 4(a) for grants under section 6 or 8,
respectively, the Secretary of Education; and
(B) with respect to funds made available under paragraph
(2) of section (4)(a) for grants under section 6, the
Secretary of Defense.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to
the Department of Education to carry out this Act $50,000,000
for fiscal year 2001 and such sums as may be necessary for
each of the 4 succeeding fiscal years.
(b) Prohibition.--None of the funds authorized to be
appropriated under subsection (a) shall be available to a
local educational agency to pay the cost of administration of
the activities assisted under this Act.
SEC. 4. FEDERAL DISTRIBUTION OF FUNDING.
(a) In General.--From amounts appropriated under section
3(a) for a fiscal year the Secretary of Education--
(1) shall use 45 percent to award grants under section 6 to
local educational agencies--
(A) that are eligible for assistance under section 8002(a);
and
(B) for which the number of children determined under
section 8003(a)(1)(C) of the Elementary and Secondary
Education Act of 1965 constitutes at least 25 percent of the
number of children who were in average daily attendance in
the schools of such local educational agency during the
school year preceding the school year for which the
determination is made;
(2) shall make available to the Secretary of Defense 45
percent to enable the Secretary of Defense to award grants
under section 6 to local educational agencies for which the
number of children determined under subparagraphs (A), (B),
and (D) of section 8003(a)(1) of the Elementary and Secondary
Education Act of 1965 constitutes at least 25 percent of the
number of children who were in average daily attendance in
the schools of such local educational agency during the
school year preceding the school year for which the
determination is made; and
(3) shall use 10 percent to award grants under section 8.
(b) Department of Defense Funding.--
(1) In general.--Not later than 30 days after the date the
Secretary of Education receives funds appropriated under
section 3(a) for a fiscal year, the Secretary of Education
shall make available to the Secretary of Defense from such
funds the portion of such funds described in subsection
(a)(2) for the fiscal year. The Secretary of Defense shall
use the portion to award grants under section 6 through the
Office of Economic Adjustment of the Department of Defense.
(2) Limitations.--
(A) Administrative expenses.--No funds made available under
subsection (a)(2) shall be used by the Secretary of Defense
to pay the costs of administration of the activities assisted
under this Act.
(B) Special rate.--No funds made available under subsection
(a)(2) shall be used to replace Federal funds provided to
enhance the quality of life of dependents of members of the
Armed Forces as determined by the Secretary of Defense.
SEC. 5. ELIGIBILITY REQUIREMENTS.
(a) In General.--A local educational agency shall be
eligible to receive funds under this Act if--
(1) the local educational agency is described in paragraph
(1) or (2) of section 4(a); and
(2) the local educational agency--
(A) received a payment under section 8002 of the Elementary
and Secondary Education Act of 1965 during the fiscal year
preceding the fiscal year for which the determination is
made, and the assessed value of taxable property per student
in the school district of the local educational agency is
less than the average of the assessed value of taxable
property per student in the State in which the local
educational agency is located; or
(B) received a basic payment under section 8003(b) of the
Elementary and Secondary Education Act of 1965 during the
fiscal year preceding the fiscal year for which the
determination is made, and for which the number of children
determined under subparagraphs (A), (B), (C), and (D) of
section 8003(a)(1) of the Elementary and Secondary Education
Act of 1965 constituted at least 25 percent of the number of
children who were in average daily attendance in the schools
of such local educational agency during the school year
preceding the school year for which the determination is
made.
(b) Special Rule.--Any local educational agency described
in subsection (a)(2)(B) may apply for funds under this
section for the modernization of a facility located on
Federal property (as defined in section 8013 of the
Elementary and Secondary Education Act of 1965) only if the
Secretary determines that the number of children determined
under section 8003(a)(1) of the Elementary and Secondary
Education Act of 1965 who were in average daily attendance in
such facility constituted at least 50 percent of the number
of children who were in average daily attendance in the
facilities of the local educational agency during the school
year preceding the school year for which the determination is
made.
SEC. 6. BASIC GRANTS.
(a) Award Basis.--From the amounts made available under
paragraphs (1) and (2) of section 4(a) the Secretary shall
award grants to local educational agencies on such basis as
[[Page S4356]]
the Secretary determines appropriate, including--
(1) in the case of a local educational agency described in
section 5(a)(2)(A), a high percentage of the property in the
school district of the local educational agency is nontaxable
due to the presence of the Federal Government;
(2) in the case of a local educational agency described in
section 5(a)(2)(B), a high number or percentage of children
determined under subparagraphs (A), (B), (C), and (D) of
section 8003(a)(1) of the Elementary and Secondary Education
Act of 1965;
(3) the extent to which the local educational agency lacks
the fiscal capacity, including the ability to raise funds
through the full use of the local educational agency's
bonding capacity and otherwise, to undertake the
modernization project without Federal assistance;
(4) the need for modernization to meet--
(A) the threat the condition of the facility poses to the
safety and well-being of students;
(B) the requirements of the Americans with Disabilities Act
of 1990;
(C) the costs associated with asbestos removal, energy
conservation, and technology upgrading; and
(D) overcrowding conditions as evidenced by the use of
trailers and portable buildings and the potential for future
overcrowding because of increased enrollment;
(5) the facility needs of the local educational agency
resulting from the acquisition or construction of military
family housing under subchapter IV of chapter 169 of title
10, United Sates Code, and other actions of the Federal
Government that cause an adverse impact on the facility needs
of the local educational agency; and
(6) the age of the facility to be modernized regardless of
whether the facility was originally constructed with funds
authorized under Public Law 81-815.
(b) Grant Amount.--In determining the amount of a grant the
Secretary shall--
(1) consider the relative costs of the modernization;
(2) determine the cost of a project based on the local
prevailing cost of the project;
(3) require that the Federal share of the cost of the
project shall not exceed 50 percent of the total cost of the
project;
(4) not provide a grant in an amount greater than
$3,000,000 over any 5-year period; and
(5) take into consideration the amount of cash available to
the local educational agency.
(c) Administration of Grants.--In awarding grants under
this section the Secretary shall--
(1) establish by regulation the date by which all
applications are to be received;
(2) consider in-kind contributions when calculating the 50
percent matching funds requirement described in subsection
(b)(3); and
(3) subject all applications to a review process.
(d) Section 8007 Funding.--In awarding grants under this
section, the Secretary shall not take into consideration any
funds received under section 8007 of the Elementary and
Secondary Education Act of 1965.
SEC. 7. APPLICATIONS REQUIRED.
(a) In General.--Each local educational agency desiring a
grant under this Act shall submit an application to the
Secretary.
(b) Contents.--Each application shall contain--
(1) a listing of the school facilities to be modernized,
including the number and percentage of children determined
under section 8003(a)(1) of the Elementary and Secondary
Education Act of 1965 in average daily attendance in each
facility;
(2) a description of the ownership of the property on which
the current facility is located or on which the planned
facility will be located;
(3) a description of each architectural, civil, structural,
mechanical, or electrical deficiency to be corrected with
funds provided under this Act, including the priority for the
repair of the deficiency;
(4) a description of any facility deficiency that poses a
health or safety hazard to the occupants of the facility and
a description of how that deficiency will be repaired;
(5) a description of the criteria used by the local
educational agency to determine the type of corrective action
necessary to meet the purposes of this Act;
(6) a description of the modernization to be supported with
funds provided under this Act;
(7) a cost estimate of the proposed modernization;
(8) an identification of other resources (such as unused
bonding capacity), if applicable, that are available to carry
out the modernization, and an assurance that such resources
will be used for the modernization;
(9) a description of how activities assisted with funds
provided under this Act will promote energy conservation; and
(10) such other information and assurances as the Secretary
may reasonably require.
(c) Continuing consideration.--A local educational agency
that applies for assistance under this Act (other than
section 8) for any fiscal year and does not receive the
assistance shall have the application for the assistance
considered for the following 5 fiscal years.
SEC. 8. EMERGENCY GRANTS.
(a) Waiver of Matching Requirement.--From the amount made
available under section 4(a)(3) the Secretary shall award
grants to any local educational agency for which the number
of children determined under section 8003(a)(1)(C)
constituted at least 50 percent of the number of children who
were in average daily attendance in the schools of such
agency during the school year preceding the school year for
which the determination is made, if the Secretary determines
a facility emergency exists that poses a health or safety
hazard to the students and school personnel assigned to the
facility.
(b) Certification of Emergency.--In addition to meeting the
requirements of section 7, a local educational agency
desiring funds under this section shall include in the
application submitted under section 7 a signed statement from
a State official certifying that a health or safety
deficiency exists.
(c) Grant Amount; Prioritization Rules; Continuing
Consideration.--
(1) Grant amount.--In determining the amount of grant
awards under this section, the Secretary shall make every
effort to fully meet the facility needs of the local
educational agencies applying for funds under this section.
(2) Prioritization rule.--If the Secretary receives more
than 1 application under this section for any fiscal year,
the Secretary shall prioritize the applications based on when
an application was received and the severity of the emergency
as determined by the Secretary.
(3) Continuing consideration.--A local educational agency
that applies for assistance under this section for any fiscal
year and does not receive the assistance shall have the
application for the assistance considered for the following
fiscal year, subject to the prioritization requirement
described in paragraph (2).
SEC. 9. REQUIREMENTS.
(a) Maintenance of Effort.--A local educational agency may
receive a grant under this Act for any fiscal year only if
the Secretary finds that either the combined fiscal effort
per student or the aggregate expenditures of that agency and
the State with respect to the provision of free public
education by such local educational agency for the preceding
fiscal year was not less than 90 percent of such combined
fiscal effort or aggregate expenditures for the fiscal year
for which the determination is made.
(b) Supplement Not Supplant.--An eligible local educational
agency shall use funds received under this subsection only to
supplement the amount of funds that would, in the absence of
such Federal funds, be made available from non-Federal
sources for the modernization of school facilities used for
educational purposes, and not to supplant such funds.
SEC. 10. GENERAL LIMITATIONS.
(a) Real Property.--No part of any grant funds awarded
under this Act shall be used for the acquisition of any
interest in real property.
(b) Maintenance.--Nothing in this Act shall be construed to
authorize the payment of maintenance costs in connection with
any facilities modernized in whole or in part with Federal
funds provided under this Act.
(c) Environmental Safeguards.--All projects carried out
with Federal funds provided under this Act shall comply with
all relevant Federal, State, and local environmental laws and
regulations.
(d) Athletic and Similar Facilities.--No funds received
under this Act shall be used for outdoor stadiums or other
facilities that are primarily used for athletic contests or
exhibitions, or other events, for which admission is charged
to the general public.
____
Northern Nebraska
Native American Consortium,
Niobrara, NE, March 29, 1999.
Hon Chuck Hagel,
U.S. Senator, Russell Office Building, Washington, DC.
Dear Senator Hagel: The member schools of the Northern
Nebraska Native American Consortium have gone on record in
support of National Association of Federally Impacted Schools
(NAFIS) construction funding in the ESEA reauthorization
proposals. We would be receptive to any federal options for
funding the viable construction needs of the Native American
students being served by member schools.
These Nebraska schools currently educate 98% if all Indian
students living on reservation land. The NAC schools
currently have significant construction needs ranging from
meeting ADA requirements to updating firm alarm systems.
Several Nebraska school districts are, or have, passed bond
issues for construction of new schools or modernizing old
ones. Our school districts only option is Impact Aid or other
federally connected funding for construction purposes. The
State of Nebraska statutorily exclude state aid as a
construction funding mechanism, such aid can only be used for
general fund purposes.
Please consider the importance of meeting federal treaty
obligations. Such treaties mandate the education of the
Native American students on reservation land. If state and
federal education standards are to be met, a positive
learning environment must be met. We thank you for your
attention to this matter.
Kindest Regards,
Florence Parker,
Board President, Omaha Nations Public School.
Marcia Ross,
Board Member, Walthill Public School.
[[Page S4357]]
C. Todd Chessmore,
Supt., Omaha Nations Public School.
Dr. Tony Garcia,
Supt., Walthill Public School.
Marlene White,
Board President, Santee Community School.
Terry Medina,
Board President, Winnebago Public School.
Charles D. Squier,
Supt., Santee Community School.
Dr. Virgil Likness,
Supt., Winnebago Public School.
______
By Mr. COVERDELL:
S. 898. A bill to amend the Internal Revenue Code of 1986 to provide
taxpayers with greater notice of any unlawful inspection or disclosure
of their return or return information; to the Committee on Finance.
taxpayer privacy protection improvement act of 1999
Mr. COVERDELL. Mr. President, I rise today to report on the
implementation of the Taxpayer Browsing Protection Act of 1997. Two
years ago, the Congress passed and the President signed into law,
legislation I proposed with Senator John Glenn that sought to end the
egregious protection of unauthorized inspections of taxpayer files.
Something I prefer to call ``file snooping.''
I am pleased to report that, according to a GAO report my office is
releasing today, it appears that the Taxpayer Browsing Protection Act
is working. But, we still have work to do. The report demonstrates that
file snooping still occurs, but the incidents have become fewer. I
believe this is good news for taxpayers.
At the same time, as I stated previously, our work is not done. The
GAO found that sixteen confirmed cases of file snooping occurred since
the enactment of the Taxpayer Browsing Protection Act, each of which
had been appropriately referred for prosecution. Unfortunately, 15
cases were declined for prosecution meaning there was only one case in
which taxpayers were notified that their privacy had been violated. In
those 15 cases, the affected taxpayers were not assured the opportunity
to seek the civil recourse available under the law.
I believe we have a duty to correct this loophole. Taxpayers not only
have a right to know their privacy, entrusted by them to the Federal
Government, has been violated, that we let them down, but that the
opportunity to seek the relief provided under the law is ensured.
Legislation I introduce today, the Taxpayer Privacy Protection
Improvement Act of 1999, will ensure taxpayers' right to know. In
short, it triggers the notification of taxpayers that their files have
been snooped to the point where a case is referred for prosecution
following the conclusion of a thorough internal investigation.
This proposal builds on our previous progress, and I encourage my
colleagues to join me in this effort.
______
By Mr. HATCH (for himself, Mr. Thurmond, Mr. Specter, Mr. DeWine, Mr.
Ashcroft, Mr. Abraham, Mr. Sessions, and Mr. Grams):
S. 899. A bill to reduce crime and protect the public in the 21st
Century by strengthening Federal assistance to State and local law
enforcement, combating illegal drugs and preventing drug use, attacking
the criminal use of guns, promoting accountability and rehabilitation
of juvenile criminals, protecting the rights of victims in the criminal
justice system, and improving criminal justice rules and procedures,
and for other purposes; to the Committee on the Judiciary.
twenty-first Century Justice Act
Mr. HATCH. Mr. President, today I am proud to introduce the Twenty-
first Century Justice Act. Last month, when I announced this
initiative, along with my colleagues Senator Thurmond, Senator DeWine,
Senator Ashcroft, Senator Sessions, Senator Abraham, and Senator Grams,
I noted that despite some modest gains in the fight against crime,
violent crime still touched far too many Americans. Sadly, this has
been borne out in the weeks since.
As the recent tragedies in Littleton, CO, and in my own hometown of
Salt Lake City, UT, remind us, crime in America is still too prevalent
and violent. The tragic cost imposed on law-abiding citizens requires
reasoned and thoughtful action to deter these heinous crimes. We must
come together as a society to address this problem.
Furthermore, we should recognize that there is little the Federal
Government could have done directly to have prevented the tragedies in
Littleton and elsewhere. There are, however, important steps we can
take to address this issue. Our crime bill takes such steps.
Now, let me describe for my colleagues how this bill, which is a
balanced, comprehensive, and focused plan to fight crime, will expand
current successful law enforcement practices. It is based on what we
know reduces crime. Be it increased methamphetamine abuse in Utah and
other Western states, further increases in juvenile crime, or the
threat of international crime, we know that our plan will make a
significant difference.
Our plan maintains and strengthens the current federal assistance to
States that has proven invaluable in reducing crime nationally, and it
adds new initiatives that will further reduce crime at the federal,
state, and local levels. I am proud of our plan, and I look forward to
working with the administration and my Senate colleagues to enact it.
America witnessed an unprecedented growth in crime during the 20th
century. Our plan ensures that we will become the 21st century with
decreasing crime rates. Our plan contains four central elements:
First, it continues and improves Federal assistance to State and
local law enforcement. Second, it reinvigorates our commitment to
winning the war on drugs. Third, it emphasizes holding violent
offenders accountable by vigorously prosecuting gun crimes. And fourth,
it includes needed judicial and criminal procedure reforms and
protections for the rights of crime victims.
Notwithstanding the leadership we have seen here in Congress and by
many of our nation's governors, crime in America is still unacceptably
high by historical standards. For example, for 1997--the most recent
year for which national crime rate statistics are available--the murder
rate was 33 percent higher than it was in 1960, and the rape rate was
413 percent higher than in 1960. In 1997, the aggravated assault rate
was 526 percent higher than it was in 1960. Even with the modest
declines in recent years, America still has more violent crime than any
industrialized nation in the world. The first obligation of government
is to protect its citizens from crime. Obviously, despite the recent
declines, we have a long way to go in reducing crime in America.
Despite the recent progress--much of it in partnership with Governors
like Mike Leavitt of Utah, George Allen and Jim Gilmore of Virginia,
and George W. Bush of Texas--we cannot become complacent. The most
troubling aspect of the Clinton Justice Department's budget is its
elimination of block grants that have proven so successful in helping
state and local authorities reduce crime. We simply cannot become
indifferent. Remember the war on drugs? During the Reagan and Bush
administrations, our nation began a national, long-term commitment to
fight drug abuse. Due to these efforts, drug use began to decline.
However, drug use, especially among teenagers, has exploded since 1992.
Unless we remain vigilant, the same will happen with violent crime.
Permit me to review each of the four main parts to our legislative
crime plan in greater detail.
Continuing and Improving Federal Assistance to State and Local Law
Enforcement
Combined with our ongoing commitment to prevention and treatment, our
bill extends the authorization for the highly successful partnership we
have created with local law enforcement--the Local Law Enforcement
Block Grant Program, which the Republican Congress created in the
Contract with America. Since fiscal year 1996, this program has
provided more than $2 billion in funding for equipment and technology,
such as radios and scanners, directly to state and local
law enforcement. The authorization for this program will be between
$600-700 million per year. Although the block grant has been extremely
effective in assisting state and local law enforcement, the
[[Page S4358]]
Clinton administration budget eliminates funding for this program.
Our bill also reauthorizes the truth-in-sentencing prison grants at
approximately $700 million per year. These truth-in-sentencing grants,
which provide funds to States to build prisons, have been instrumental
in lowering crime by encouraging States to incarcerate violent and
repeat offenders for at least 85 percent of their sentence. In January,
the Justice Department reported that 70 percent of prison admissions in
1997 were in States requiring criminals to serve at least 85 percent of
their sentence. More significantly, the average time served by violent
criminals nationally has increased 12.2 percent since 1993. Perhaps the
biggest reason for recent declines in violent crime is due to these
truth-in-sentencing prison grants. Simply put, violent criminals cannot
commit crimes against innocent victims while in prison. Our bill
continues this successful program and makes the program more flexible
by allowing States to use the funds for jails and juvenile facilities,
in addition to prison construction.
Despite this success, the Clinton administration eliminates funding
for the Truth-in-Sentencing program--even though many States have
changed their laws due to this federal commitment to assist in prison
construction. Nothing deters and prevents violent crime as well as
incarcerating violent and repeat offenders.
Our bill also includes the Juvenile Accountability Incentive Block
Grant to help States build juvenile detention centers, drug test
juvenile offenders, establish graduated sentencing sanctions for repeat
juvenile offenders, and improve juvenile record keeping. This provision
authorizes $450 million for the Juvenile Accountability Incentive Block
Grant. It also includes $435 million for prevention programs and
reauthorizes the Office of Juvenile Justice and Delinquency Prevention
within the Justice Department. The administration's budget eliminates
funding for the Juvenile Accountability Incentive Block Grant, even
though these are the only federal funds dedicated to juvenile law
enforcement purposes.
Finally, our bill reauthorizes and reforms the COPS program re-
targeting this assistance to the type of policing we know works--zero
tolerance for crime, computer tracking of criminal hot spots, and
holding commanders responsible for results.
A Commitment to Winning the War on Drugs
The second major part of this legislative addresses drugs. This
section focuses attention where only the federal government has the
ability to make a difference--drug interdiction. It also increases the
penalties for methamphetamine and powder cocaine trafficking. Our bill
encourages States to keep prisons and jails drug-free to break the link
between drugs and crime--and provides bonus grants to help States do
this. And our bill includes a faith-based drug treatment bill designed
by Senator Abraham. I would especially like to thank and acknowledge
the leadership that Senators Ashcroft and DeWine have shown in fighting
drugs, particularly methamphetamine. Their leadership has been
invaluable on this issue.
Holding Violent Offenders Accountable Through Firearms Prosecutions
I do not support gun control, but I do believe in crime control. In
addition to remaining true to truth-in-sentencing and prison
construction, our bill builds on and expands a successful Richmond,
Virginia program in which the U.S. Attorney's office prosecutes as many
local gun-related crimes in federal court as possible to take advantage
of federal mandatory minimum sentences and stiff bond rules. This
provision does not create additional federal crimes, but instead
utilizes existing federal statues. This program builds on the Project
Triggerlock program which was implemented by the Bush administration.
This program emphasizes cooperation between state and federal
prosecutors, as well as the BATF and the local police departments. The
last major component of this program is an extensive media campaign to
promote the message to potential criminals that ``[a]n illegal gun will
get you five years in federal prison.'' The media campaign also
encourages citizens to report gun crimes to authorities. This program
has been a huge success. Homicides have decreased 50 percent in
Richmond after this program was implemented. Our bill provides funds to
implement this program in major cities across the nation.
Again, the Clinton administration's record on gun prosecutions is
troubling. Between 1992 and 1997, Triggerlock gun prosecutions dropped
nearly 50 percent, from 7,045 to 3,765. These are prosecutions of
defendants who use a firearm in the commission of a felony.
Judicial-Procedural Reforms and Victims' Rights
The last major element of our crime plan enacts procedural and
judicial reforms that improve the administration of justice. Our bill
reforms the Miranda rule to allow voluntary statements in evidence. It
codifies common-sense procedural issues, including the ``good-faith''
exception to exclusionary rule, and further reforms habeas corpus
appeals.
Our bill also recognizes that the administration of justice requires
government to safeguard the interests of victims. How can there be
justice if crime victims feel victimized by the criminal justice
system? The bill ensures that victims are given respect in the criminal
system, ensuring their right to attend trials in federal court, to be
heard at critical stages such as detention hearings, and to be notified
when the defendant is released or escapes. Our bill also calls for
ratification of a crime victim's rights constitutional amendment to
ensure that these rights are recognized everywhere in America. Our bill
also steers necessary funds toward combating violence against women and
children, and strengthens federal mandatory restitution laws.
This bill is not a panacea for our crime problem. We are faced, I
believe, with a problem which cannot be solved alone by new laws. It
is, at its core, a moral problem. Somehow, in too many instances, we
have failed as a society to pass to the next generation the moral
compass that differentiates right from wrong. This problem cannot be
solved by legislation alone. It cannot be restored by the enactment of
a new law or the implementation of a new program But it can be achieved
by families and communities working together to teach accountability by
example and by early intervention when the signs point to violent and
antisocial behavior.
Our bill is a step in the right direction. I urge my colleagues to
support this important crime fighting legislation, which will
strengthen our nation's ability to protect citizens from the scourge of
violent crime.
______
By Mr. BINGAMAN:
S. 901. A bill to provide disadvantaged children with access to
dental services; to the Committee on Health, Education, Labor, and
Pensions.
CHILDREN'S DENTAL HEALTH IMPROVEMENT ACT OF 1999
Mr. BINGAMAN. Mr. President, I rise today to introduce a measure that
is one cornerstone of a series of initiatives that are designed to help
ensure that the fundamental needs of children in New Mexico and this
country are met. This cornerstone, the Children's Dental Health
Improvement Act of 1999, is built on the belief that children must have
access to quality, affordable health care. A child who is sick cannot
go to school, cannot be expected to learn, and cannot be expected to
grow and thrive. For New Mexico, this is a particularly compelling need
because according to the Children's Defense Fund, no state has a
greater percentage of uninsured children than New Mexico. Specifically,
the bill is designed to increase access to dental services for our
children.
Some will say: ``Why care about a few cavities in kids?'' In reality,
this is a complex children's health issue. Chronically poor oral health
is associated with growth and development problems in toddlers and
compromises children's nutritional status. These children suffer great
pain and cannot play or learn. It is estimated that lack of treatment
for these children results in missed school days: an estimated 52
million school hours annually. Their personal suffering is real. In
reality, untreated dental problems get progressively worse and
ultimately require more expensive interventions.
Medicaid's Early and Periodic Screening Diagnosis and Treatment, or
``EPSDT,'' program requires states to not only pay for a comprehensive
set of
[[Page S4359]]
child health services, including dental services, but to assure
delivery of those services. Unfortunately, low income children do not
get the dental service they need. Despite the design of the Medicaid
program to reach children and ensure access to routine dental care, the
Inspector General of the Department of Health and Human Services
reported in 1996 that only 18 percent of children eligible for Medicaid
received even a single preventive dental service. The same report shows
that no state provides preventive services to more than 50% of eligible
children. Dentist participation is too low to assure access. We are
falling short of our obligation to these children.
In the past few months, I have had the opportunity to speak to many
of New Mexico's rural health care providers and have learned that for
New Mexico, the problem is of crisis proportions. Less than two percent
of New Mexico's Medicaid dollars are used for children's oral health
needs. My state alone projects a shortage of 157 dentists and 229
dental hygienists. Children in New Mexico and elsewhere are showing up
in emergency rooms for treatment of tooth abscesses instead of getting
their cavities filled early on or having dental decay prevented in the
first place.
Tooth decay remains the single most common chronic disease of
childhood and according to the Children's Dental Health Project, it
affects more than half of all children by second grade. Tooth decay in
children six years old is five to eight times more common than asthma
which is often cited as the most common chronic disease of childhood.
National data confirm that pediatric oral health in the U.S. is
backsliding. Healthy People 2000 goals for dental needs of children
will not be met. As this chart shows:
52% of our 6 to 8 year olds have dental caries or cavities compared
to 54% in 1986. Our goal was to decrease this to 35% by the year 2000;
we have succeeded in a mere 2% change in this area.
Additionally, we have slid backwards in some areas. The Healthy
People 2000 oral health indicators show an increase in the percentage
of children with untreated cavities. In 1986, 28% of our 6 to 8 year
olds had untreated cavities compared to now when we find 31% of these
children have untreated cavities.
Tooth decay is increasingly a disease of low and modest income
children. A substantial portion of decay in young children goes
untreated. In fact, forty seven per cent of decay in children aged 2
through 9, is untreated.
The Children's Dental Health Improvement Act of 1999 is designed to
attack the problem from many fronts. First, the bill addresses the
issue of provider shortage by expanding opportunities for training
pediatric dental health care providers. It allows for the Secretary to
look at the reimbursement rates for dental providers as an incentive
for dentists to participate in the Medicaid program so that we work
toward increasing the actual care provided under the Medicaid program.
Additionally, I have looked at the need for pediatric dental research
to facilitate better approaches for care and it will put into place
greater measures for surveillance of the problem. The bill would lead
to increased accountability in the area of actual treatment once a
problem is identified. Finally, I have included a section on health
promotion and disease prevention to increase the number of children who
have access to fluoridated water systems and dental sealants to prevent
cavities.
I recognize that this is an ambitious bill and that the issue of
access to dental care for children covered by the Medicaid program is a
complex one. I want to thank the various groups that have worked on the
formulation of this legislation. In particular, I want to thank Drs.
Burt Edelstein and Heber Simmons of the American Academy of Pediatric
Dentistry for their hard work and excellent information. I also want to
thank the American Association of Dental Schools, the American Dental
Hygienist Association, the American Dental Association, the Hispanic
Dental Association, the National Dental Association, and the American
Association for Dental Research for their valuable input and I look
forward to working with them all to ensure that we achieve increased
access to oral health care for our children.
I am committed to solving the problem of adequate access to dental
care for our children and view this as a public health issue that has
gone unnoticed for too long. I will welcome my colleagues to work with
me to ensure that these children have healthy smiles instead of chronic
pain from untreated problems.
Mr. President, I ask unanimous consent to have the text of the
Children's Dental Health Improvement Act of 1999 printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 901
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 ``Children's
Dental Health Improvement Act of 1999''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
TITLE I--EXPANDED OPPORTUNITIES FOR TRAINING PEDIATRIC DENTAL HEALTH
CARE PROVIDERS
Sec. 101. Children's dental health training and demonstration programs.
Sec. 102. Increase in National Health Service Corps dental training
positions.
Sec. 103. Maternal and child health centers for leadership in pediatric
dentistry education.
Sec. 104. Dental officer multiyear retention bonus for the Indian
Health Service.
Sec. 105. Medicare payments to approved nonhospital dentistry residency
training programs; permanent dental exemption from
voluntary residency reduction programs.
Sec. 106. Dental health professional shortage areas.
TITLE II--ENSURING DELIVERY OF PEDIATRIC DENTAL SERVICES UNDER THE
MEDICAID AND SCHIP PROGRAMS
Sec. 201. Increased FMAP and fee schedule for dental services provided
to children under the medicaid program.
Sec. 202. Required minimum medicaid expenditures for dental health
services.
Sec. 203. Requirement to verify sufficient numbers of participating
dental health professionals under the medicaid program.
Sec. 204. Inclusion of recommended age for first dental visit in
definition of EPSDT services.
Sec. 205. Approval of final regulations implementing changes to EPSDT
services.
Sec. 206. Use of SCHIP funds to treat children with special dental
health needs.
Sec. 207. Grants to supplement fees for the treatment of children with
special dental health needs.
Sec. 208. Demonstration projects to increase access to pediatric dental
services in underserved areas.
TITLE III--PEDIATRIC DENTAL RESEARCH
Sec. 301. Identification of interventions that reduce the burden and
transmission of oral, dental, and craniofacial diseases
in high risk populations; development of approaches for
pediatric oral and craniofacial assessment.
Sec. 302. Agency for Health Care Policy and Research.
Sec. 303. Oral health professional research and training program.
Sec. 304. Consensus development conference.
TITLE IV--SURVEILLANCE AND ACCOUNTABILITY
Sec. 401. CDC reports.
Sec. 402. Reporting requirements under the medicaid program.
Sec. 403. Administration on Children, Youth, and Families.
Sec. 404. Special supplemental food program for women, infants, and
children.
TITLE V--ORAL HEALTH PROMOTION AND DISEASE PREVENTION
Sec. 501. Grants to increase resources for community water
fluoridation.
Sec. 502. Community water fluoridation.
Sec. 503. Community-based dental sealant program.
TITLE VI--MISCELLANEOUS
Sec. 601. Effective date.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The 1995 Institute of Medicine report on dental
education finds that oral health is an integral part of total
health, and is integral to comprehensive health, including
primary care.
(2) Tooth decay is the most prevalent preventable chronic
disease of childhood and only the common cold, the flu, and
otitis media occur more often among young children.
(3) Despite the design of the medicaid program to reach
children and ensure access to routine dental care, in 1996,
the Inspector
[[Page S4360]]
General of the Department of Health and Human Services
reported that only 18 percent of children eligible for
medicaid received even a single preventive dental service.
(4) The United States is facing a major dental health care
crisis that primarily affects the poor children of our
country, with 80 percent of all dental caries in children
found in the 20 percent of the population.
(5) Low income children eligible for the medicaid program
and the State children's health insurance program experience
disproportionately high levels of oral disease.
(6) The United States is not training enough pediatric
dental health care providers to meet the increasing need for
dental services for children.
(7) The United States needs to increase access to health
promotion and disease prevention activities in the area of
oral health for children by increasing access to dental
health providers for children.
TITLE I--EXPANDED OPPORTUNITIES FOR TRAINING PEDIATRIC DENTAL HEALTH
CARE PROVIDERS
SEC. 101. CHILDREN'S DENTAL HEALTH TRAINING AND DEMONSTRATION
PROGRAMS.
(a) In General.--Subpart 2 of part E of title VII of the
Public Health Service Act, as amended by the Health
Professions Education Partnerships Act of 1998 (Public Law
105-392) is amended by adding at the end the following:
``SEC. 771. CHILDREN'S DENTAL HEALTH PROGRAMS.
``(a) Training Program.--
``(1) In general.--The Secretary, acting through the Bureau
of Health Professions, shall develop training materials to be
used by health professionals to promote oral health through
health education.
``(2) Design.--The materials developed under paragraph (1)
shall be designed to enable health care professionals to--
``(A) provide information to individuals concerning the
importance of oral health;
``(B) recognize oral disease in individuals; and
``(C) make appropriate referrals of individuals for dental
treatment.
``(3) Distribution.--The materials developed under
paragraph (1) shall be distributed to--
``(A) accredited schools of the health sciences (including
schools for physician assistants, schools of medicine,
osteopathic medicine, dental hygiene, public health, nursing,
pharmacy, and dentistry), and public or private institutions
accredited for the provision of graduate or specialized
training programs in all aspects of health; and
``(B) health professionals and community-based health care
workers.
``(b) Demonstration Program.--
``(1) In general.--The Secretary shall make grants to
schools that train pediatric dental health providers to meet
the costs of projects--
``(A) to plan and develop new training programs and to
maintain or improve existing training programs in providing
dental health services to children; and
``(B) to assist dental health providers in managing complex
dental problems in children.
``(2) Administration.--
``(A) Amount.--The amount of any grant under paragraph (1)
shall be determined by the Secretary.
``(B) Application.--No grant may be made under paragraph
(1) unless an application therefore is submitted to and
approved by the Secretary. Such an application shall be in
such form, submitted in such manner, and contain such
information, as the Secretary shall by regulation prescribe.
``(C) Eligibility.--To be eligible for a grant under
subsection (a), the applicant must demonstrate to the
Secretary that it has or will have available full-time
faculty and staff members with training and experience in the
field of pediatric dentistry and support from other faculty
and staff members trained in pediatric dentistry and other
relevant specialties and disciplines such as dental public
health and pediatrics, as well as research.
``(c) Authorization of Appropriations.--There is authorized
to be appropriated such sums as may be necessary to carry out
this section.''.
(b) Authorization of Appropriations for General and
Pediatric Dentistry.--Section 747(e)(2)(A) of the Public
Health Service Act (42 U.S.C. 293k(e)(2)(A), as amended by
the Health Professions Education Partnerships Act of 1998
(Public Law 105-392) is amended in striking clause (iv) and
inserting the following:
``(iv) not less than $8,000,000 for awards of grants and
contracts under subsection (a) to programs of pediatric or
general dentistry.''.
SEC. 102. INCREASE IN NATIONAL HEALTH SERVICE CORPS DENTAL
TRAINING POSITIONS.
(a) In General.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary'') shall
increase the number of dental health providers skilled in
treating children who become members of the Commissioned
Corps of the U.S. Health Service and who are assigned to duty
for the National Health Service Corps (referred to in this
section as the ``Corps'') under subpart II of part D of title
III of the Public Health Service Act (42 U.S.C. 254d et seq.)
so that there are at least 100 additional Commissioned Corps
dentists and dental hygienists in the Corps by 2001, at least
150 additional dentists and dental hygienists in the
Commissioned Corps by 2002, and at least 300 additional
dentists and dental hygienists in the Commissioner Corps by
2003.
(b) Determination of Dental Site Readiness.--By not later
than January 1, 2001, the Secretary shall collaborate with
dental education institutions, State and local public health
dental officials and dental hygienist societies to determine
dental site readiness, specifically in inner city, rural,
frontier and border areas.
(c) Report by Corps.--The Corps shall annually report to
Congress concerning how the Corps is meeting the oral health
needs of children in underserved areas, including rural,
frontier and border areas.
(d) Loan Repayment Program.--The Secretary shall increase
the number of Corps dentists selected for loan repayments
under the provisions referred to in subsection (a) in a
sufficient number to address the demand for such repayment by
qualified dentists. The Secretary shall increase the number
of private practice dentists who contract with the Corps and
allow for such student loan repayment.
(e) Pediatric Dentists.--The Secretary shall ensure that at
least 20 percent of the dentists in the Corps are pediatric
dentists and that another 20 percent of the dentists in the
Corps have general dentistry residency training.
SEC. 103. MATERNAL AND CHILD HEALTH CENTERS FOR LEADERSHIP IN
PEDIATRIC DENTISTRY EDUCATION.
(a) Expansion of Training Programs.--The Secretary of
Health and Human Services shall, through the Bureau of Health
Professions, establish at least 10 Pediatric Dental Centers
of Excellence with not less than 36 additional training
positions annually for pediatric dentists at such centers of
excellence. The Secretary shall ensure that such training
programs are established in geographically diverse areas.
(b) Definition.--In this section, the term `centers of
excellence' means a health professions school designated
under section 736 of the Public Health Service Act (42 U.S.C.
293).
(c) Authorization of Appropriations.--There is authorized
to be appropriated, such sums as may be necessary to carry
out this section.
SEC. 104. DENTAL OFFICER MULTIYEAR RETENTION BONUS FOR THE
INDIAN HEALTH SERVICE.
(a) Terms and Definitions.--In this section:
(1) Dental officer.--The term ``dental officer'' means an
officer of the Indian Health Service designated as a dental
officer.
(2) Director.--The term ``Director'' means the Director of
the Indian Health Service.
(3) Creditable service.--The term ``creditable service''
includes all periods that a dental officer spent in graduate
dental educational (GDE) training programs while not on
active duty in the Indian Health Service and all periods of
active duty in the Indian Health Service as a dental officer.
(4) Residency.--The term ``residency'' means a graduate
dental educational (GDE) training program of at least 12
months leading to a speciality, including general practice
residency (GPR) or a 12-month advanced education general
dentistry (AEGD).
(5) Specialty.--The term ``specialty'' means a dental
specialty for which there is an Indian Health Service
specialty code number.
(b) Requirements for Bonus.--
(1) In general.--An eligible dental officer of the Indian
Health Service who executes a written agreement to remain on
active duty for 2, 3, or 4 years after the completion of any
other active duty service commitment to the Indian Health
Service may, upon acceptance of the written agreement by the
Director, be authorized to receive a dental officer multiyear
retention bonus under this section. The Director may, based
on requirements of the Indian Health Service, decline to
offer such a retention bonus to any specialty that is
otherwise eligible, or to restrict the length of such a
retention bonus contract for a specialty to less than 4
years.
(2) Limitations.--Each annual dental officer multiyear
retention bonus authorized under this section shall not
exceed the following:
(A) $14,000 for a 4-year written agreement.
(B) $8,000 for a 3-year written agreement.
(C) $4,000 for a 2-year written agreement.
(c) Eligibility.--
(1) In general.--In order to be eligible to receive a
dental officer multiyear retention bonus under this section,
a dental officer shall--
(A) be at or below such grade as the Director shall
determine;
(B) have at least 8 years of creditable service, or have
completed any active duty service commitment of the Indian
Health Service incurred for dental education and training;
(C) have completed initial residency training, or be
scheduled to complete initial residency training before
September 30 of the fiscal year in which the officer enters
into a dental officer multiyear retention bonus written
service agreement under this section; and
(D) have a dental specialty in pediatric dentistry or oral
and maxillofacial surgery, or be a dental hygienist with a
minimum of a baccalaureate degree.
(2) Extension to other officers.--The Director may extend
the retention bonus to dental officers other than officers
with a dental specialty in pediatric dentistry based on
demonstrated need. The criteria used as the basis for such an
extension shall be equitably determined and consistently
applied.
[[Page S4361]]
(d) Termination of Entitlement to Special Pay.--The
Director may terminate at any time a dental officer's
multiyear retention bonus contract under this section. If
such a contract is terminated, the unserved portion of the
retention bonus contract shall be recouped on a pro rata
basis. The Director shall establish regulations that specify
the conditions and procedures under which termination may
take place. The regulations and conditions for termination
shall be included in the written service contract for a
dental officer multiyear retention bonus under this section.
(e) Refunds.--
(1) In general.--Prorated refunds shall be required for
sums paid under a retention bonus contract under this section
if a dental officer who has received the retention bonus
fails to complete the total period of service specified in
the contract, as conditions and circumstances warrant.
(2) Debt to united states.--An obligation to reimburse the
United States imposed under paragraph (1) is a debt owed to
the United States.
(3) No discharge in bankruptcy.--Notwithstanding any other
provision of law, a discharge in bankruptcy under title 11,
United States Code, that is entered less than 5 years after
the termination of a retention bonus contract under this
section does not discharge the dental officer who signed such
a contract from a debt arising under the contract or
paragraph (1).
SEC. 105. MEDICARE PAYMENTS TO APPROVED NONHOSPITAL DENTISTRY
RESIDENCY TRAINING PROGRAMS; PERMANENT DENTAL
EXEMPTION FROM VOLUNTARY RESIDENCY REDUCTION
PROGRAMS.
(a) Medicare Payments To Approved Nonhospital Dentistry
Training Programs.--Section 1886 of the Social Security Act
(42 U.S.C. 1395ww) is amended by adding at the end the
following:
``(l) Payments For Nonhospital Based Dental Residency
Training Programs.--
``(1) In general.--Beginning January 1, 2000, the Secretary
shall make payments under this paragraph to approved
nonhospital based dentistry residency training programs
providing oral health care to children for the direct and
indirect expenses associated with operating such training
programs.
``(2) Payment amount.--
``(A) Methodology.--The Secretary shall establish
procedures for making payments under this subsection.
``(B) Total amount of payments.--In making payments to
approved non-hospital based dentistry residency training
programs under this subsection, the Secretary shall ensure
that the total amount of such payments will not result in a
reduction of payments that would otherwise be made under
subsection (h) or (k) to hospitals for dental residency
training programs.
``(C) Approved programs.--The Secretary shall establish
procedures for the approval of nonhospital based dentistry
residency training programs under this subsection.''.
(b) Permanent Dental Exemption From Voluntary Residency
Reduction Programs.--
(1) In general.--Section 1886(h)(6)(C) of the Social
Security Act (42 U.S.C. 1395ww(h)(6)(C)) is amended--
(A) by redesignating clauses (i) through (iii) as
subclauses (I) through (III), respectively, and indenting
such subclauses (as so redesignated) appropriately;
(B) by striking ``For purposes'' and inserting the
following:
``(i) In general.--Subject to clause (ii), for purposes'';
and
(C) by adding at the end the following:
``(ii) Definition of `approved medical residency training
program'.--In this subparagraph, the term `approved medical
residency training program' means only such programs in
allopathic or osteopathic medicine.''.
(2) Application to demonstration projects and authority.--
Section 4626(b)(3) of the Balanced Budget Act of 1997 (42
U.S.C. 1395ww note) is amended by inserting ``in allopathic
or osteopathic medicine'' before the period.
(c) Removal of Dentists from Full-Time Equivalent Count
Averaging Provisions.--
(1) Medicare ime.--Section 1886(d)(5)(B)(vi) of the Social
Security Act (42 U.S.C. 1395ww(d)(5)(B)(vi)) is amended by
adding at the end the following: ``The determination (based
on the 3-year average) described in subclause (II) shall
apply only to residents in the fields of allopathic medicine
and osteopathic medicine. All other residents shall be
counted based on the actual full-time equivalent resident
count for the cost-reporting period involved.''.
(2) Medicare direct gme.--Section 1886(h)(4)(G)(i) of the
Social Security Act (42 U.S.C. 1395ww(h)(4)(G)(i)) is amended
by adding at the end the following: ``Such determination
(based on the 3-year average) shall apply only to residents
in the fields of allopathic medicine and osteopathic
medicine. All other residents shall be counted based on the
actual full-time equivalent resident count for the cost-
reporting period involved.''.
(d) Definition of Primary Care Resident.--Section
1886(h)(5)(H) of the Social Security Act (42 U.S.C.
1395ww(h)(5)(H)) is amended by striking ``or osteopathic
general practice'' and inserting ``osteopathic general
practice, general dentistry, advanced general dentistry,
pediatric dentistry, or dental public health''.
(e) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by subsections (a), (c), and (d) take effect
on the date of enactment of this Act.
(2) Exception.--The amendments made by subsection (b) shall
take effect as if included in the enactment of the Balanced
Budget Act of 1997.
SEC. 106. DENTAL HEALTH PROFESSIONAL SHORTAGE AREAS.
(a) Designation.--Section 332(a) of the Public Health
Service Act (42 U.S.C. 254e(a)) is amended by adding at the
end the following:
``(4)(A) In designating health professional shortage areas
under this section, the Secretary may designate certain areas
as dental health professional shortage areas if the Secretary
determines that such areas have a severe shortage of dental
health professionals. The Secretary shall develop, publish
and periodically update criteria to be used in designating
dental health professional shortage areas.
``(B) For purposes of this title a dental health
professional shortage area shall be considered to be a health
professional shortage area.''.
``(C) In subparagraph (A), the term `dental health
professional' includes general and pediatric dentists and
dental hygienists.''.
(b) Loan Repayment Program.--Section 338B(b)(1)(A) of the
Public Health Service Act (42 U.S.C. 254l-1(b)(1)(A)) is
amended by inserting ``(including dental hygienists)'' after
``profession''.
(c) Technical Amendment.--Section 331(a)(2) of the Public
Health Service Act (42 U.S.C. 254d(a)(2)) is amended by
inserting ``(including dental health services)'' after
``services''.
TITLE II--ENSURING DELIVERY OF PEDIATRIC DENTAL SERVICES UNDER THE
MEDICAID AND SCHIP PROGRAMS
SEC. 201. INCREASED FMAP AND FEE SCHEDULE FOR DENTAL SERVICES
PROVIDED TO CHILDREN UNDER THE MEDICAID
PROGRAM.
(a) Increased FMAP.--Section 1903(a)(5) of the Social
Security Act (42 U.S.C. 1396b(a)(5)) is amended--
(1) by striking ``equal to 90 per centum'' and inserting
``equal to--
``(A) 90 per centum'';
(2) by inserting ``and'' after the semicolon; and
(3) by adding at the end the following:
``(B) the greater of the Federal medical assistance
percentage or 75 per centum of the sums expended during such
quarter which are attributable to dental services for
children;''.
(b) Fee Schedule.--Section 1902(a) of the Social Security
Act (42 U.S.C. 1396a(a)) is amended--
(1) in paragraph (65), by striking the period and inserting
``; and''; and
(2) by inserting after paragraph (65) the following:
``(66) provide for payment under the State plan for dental
services for children at a rate that is designed to create an
incentive for providers of such services to treat children in
need of dental services (but that does not result in a
reduction or other adverse impact on the extent to which the
State provides dental services to adults).''.
SEC. 202. REQUIRED MINIMUM MEDICAID EXPENDITURES FOR DENTAL
HEALTH SERVICES.
Section 1902(a) of the Social Security Act (42 U.S.C.
1396a(a)), as amended by section 201(b), is amended--
(1) in paragraph (65), by striking ``and'' at the end;
(2) in paragraph (66), by striking the period and inserting
``; and''; and
(3) by inserting after paragraph (66) the following:
``(67) provide that, beginning with fiscal year 2000--
``(A) not less than an amount equal to 7 percent of the
total annual expenditures under the State plan for medical
assistance provided to children will be expended during each
fiscal year for dental services for children (including the
prevention, screening, diagnosis, and treatment of dental
conditions); and
``(B) the State will not reduce or otherwise adversely
impact the extent to which the State provides dental services
to adults in order to meet the requirement of subparagraph
(A).''.
SEC. 203. REQUIREMENT TO VERIFY SUFFICIENT NUMBERS OF
PARTICIPATING DENTAL HEALTH PROFESSIONALS UNDER
THE MEDICAID PROGRAM.
Section 1902(a) of the Social Security Act (42 U.S.C.
1396a(a)), as amended by section 202, is amended--
(1) in paragraph (66), by striking ``and'' at the end;
(2) in paragraph (67), by striking the period and inserting
``; and''; and
(3) by inserting after paragraph (67) the following:
``(68) provide that the State will--
``(A) annually verify that the number of dental health
professionals (as defined in section 332(a)(4)(C) of the
Public Health Service Act) participating under the State
plan--
``(i) satisfies the minimum established degree of
participation of dental health professionals (as defined in
section 332(a)(4)(C) of the Public Health Service Act) to the
population of children in the State, as determined by the
Secretary in accordance with the criteria used by the
Secretary under section
[[Page S4362]]
332(a)(4) of such Act (42 U.S.C. 254e(a)(4)) to designate a
dental health professional shortage area; and
``(ii) is sufficient to ensure that children enrolled in
the State plan have the same level of access to dental
services as the children residing in the State who are not
eligible for medical assistance under the State plan; and
``(B) collect data on the number of children being served
by dental health professionals as compared to the number of
children eligible to be served, and the actual services
provided.''.
SEC. 204. INCLUSION OF RECOMMENDED AGE FOR FIRST DENTAL VISIT
IN DEFINITION OF EPSDT SERVICES.
Section 1905(r)(1)(A)(i) of the Social Security Act (42
U.S.C. 1396d(r)(1)(A)(i)) is amended by inserting ``and, with
respect to dental services under paragraph (3), in accordance
with guidelines for the age of a first dental visit that are
consistent with guidelines of the American Dental
Association, the American Dental Hygienist Association, the
American Academy of Pediatric Dentistry, and the Bright
Futures program of the Health Resources and Services
Administration of the Department of Health and Human
Services,'' after ``vaccines,''.
SEC. 205. APPROVAL OF FINAL REGULATIONS IMPLEMENTING CHANGES
TO EPSDT SERVICES.
Not later than 30 days after the date of enactment of this
Act, the Secretary of Health and Human Services shall issue
final regulations implementing the proposed regulations based
on section 6403 of the Omnibus Budget Reconciliation Act of
1989 (Public Law 101-239; 103 Stat. 2262) that were contained
in the Federal Register issued for October 1, 1993.
SEC. 206. USE OF SCHIP FUNDS TO TREAT CHILDREN WITH SPECIAL
DENTAL HEALTH NEEDS.
(a) In General.--Section 1905 of the Social Security Act
(42 U.S.C. 1396d) is amended--
(1) in subsection (b), by striking ``or subsection (u)(3)''
and inserting ``subsection (u)(3), or subsection (u)(4)'';
and
(2) in subsection (u)--
(A) by redesignating paragraph (4) as paragraph (5); and
(B) by inserting after paragraph (3) the following new
paragraph:
``(4)(A) For purposes of subsection (b), the expenditures
described in this paragraph are expenditures for medical
assistance described in subparagraph (B) for a low-income
child described in subparagraph (C), but only in the case of
such a child who resides in a State described in subparagraph
(D).
``(B) For purposes of subparagraph (A), the medical
assistance described in this subparagraph consists of the
following:
``(i) Dental services provided to children with special
oral health needs, including advanced oral, dental, and
craniofacial diseases and conditions.
``(ii) Outreach conducted to identify and treat children
with such special dental health needs.
``(C) For purposes of subparagraph (A), a low-income child
described in this subparagraph is a child whose family income
does not exceed 50 percentage points above the medicaid
applicable income level (as defined in section 2110(b)(4)).
``(D) A State described in this subparagraph is a State
that, as of August 5, 1997, has under a waiver authorized by
the Secretary or under section 1902(r)(2), established a
medicaid applicable income level (as defined in section
2110(b)(4)) for children under 19 years of age residing in
the State that is at or above 185 percent of the poverty line
(as defined in section 673(2) of the Community Services Block
Grant Act (42 U.S.C. 9902(2), including any revision required
by such section for a family of the size involved).''.
(b) Effective Date.--The amendments made by this section
shall take effect as if included in the enactment of section
4911 of the Balanced Budget Act of 1997 (Public Law 105-33;
111 Stat. 570).
SEC. 207. GRANTS TO SUPPLEMENT FEES FOR THE TREATMENT OF
CHILDREN WITH SPECIAL DENTAL HEALTH NEEDS.
Title V of the Social Security Act (42 U.S.C. 701 et seq.)
is amended by adding at the end the following:
``SEC. 511. GRANTS TO SUPPLEMENT FEES FOR THE TREATMENT OF
CHILDREN WITH SPECIAL DENTAL HEALTH NEEDS.
``(a) Authority to Make Grants.--
``(1) In general.--In addition to any other payments made
under this title to a State, the Secretary shall award grants
to States to supplement payments made under the State
programs established under titles XIX and XXI for the
treatment of children with special oral health care needs.
``(2) Definition of children with special oral, dental, and
craniofacial health care needs.--In this section the term
`children with special oral health care needs' means children
with oral, dental and craniofacial conditions or disorders,
and other acute or chronic medical, genetic, and behavioral
disorders with dental manifestations.
``(b) Application of Other Provisions of Title.--
``(1) In general.--Except as provided in paragraph (2), the
other provisions of this title shall not apply to a grant
made, or activities of the Secretary, under this section.
``(2) Exceptions.--The following provisions of this title
shall apply to a grant made under subsection (a) to the same
extent and in the same manner as such provisions apply to
allotments made under section 502(c):
``(A) Section 504(b)(4) (relating to expenditures of funds
as a condition of receipt of Federal funds).
``(B) Section 504(b)(6) (relating to prohibition on
payments to excluded individuals and entities).
``(C) Section 506 (relating to reports and audits, but only
to the extent determined by the Secretary to be appropriate
for grants made under this section).
``(D) Section 508 (relating to nondiscrimination).
``(c) Authorization of Appropriations.--There is authorized
to be appropriated such sums as may be necessary to carry out
this section.''.
SEC. 208. DEMONSTRATION PROJECTS TO INCREASE ACCESS TO
PEDIATRIC DENTAL SERVICES IN UNDERSERVED AREAS.
(a) Authority To Conduct Projects.--The Secretary of Health
and Human Services, through the Administrator of the Health
Care Financing Administration, the Administrator of the
Health Resources and Services Administration, the Director of
the Indian Health Service, and the Director of the Centers
for Disease Control and Prevention shall establish
demonstration projects that are designed to increase access
to dental services for children in underserved areas, as
determined by the Secretary.
(b) Authorization of Appropriations.--There is authorized
to be appropriated such sums as may be necessary to carry out
this section.
TITLE III--PEDIATRIC DENTAL RESEARCH
SEC. 301. IDENTIFICATION OF INTERVENTIONS THAT REDUCE THE
BURDEN AND TRANSMISSION OF ORAL, DENTAL, AND
CRANIOFACIAL DISEASES IN HIGH RISK POPULATIONS;
DEVELOPMENT OF APPROACHES FOR PEDIATRIC ORAL
AND CRANIOFACIAL ASSESSMENT.
(a) In General.--The Secretary of Health and Human
Services, through the Maternal and Child Health Bureau, the
Indian Health Service, and in consultation with the Agency
for Health Care Policy and Research and the National
Institutes of Health, shall--
(1) support community based research that is designed to
improve our understanding of the etiology, pathogenesis,
diagnosis, prevention, and treatment of pediatric oral,
dental, craniofacial diseases and conditions and their
sequelae in high risk populations;
(2) support demonstrations of preventive interventions in
high risk populations; and
(3) develop clinical approaches to assess individual
patients for pediatric dental disease.
(b) Authorization of Appropriations.--There is authorized
to be appropriated, such sums as may be necessary to carry
out this section.
SEC. 302. AGENCY FOR HEALTH CARE POLICY AND RESEARCH.
Section 902(a) of the Public Health Service Act (42 U.S.C.
299a(a)) is amended--
(1) in paragraph (7), by striking ``and'' at the end;
(2) in paragraph (8), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(9) the barriers that exist, including access to oral
health care for children, and the establishment of measures
of oral health status and outcomes.''.
SEC. 303. ORAL HEALTH PROFESSIONAL RESEARCH AND TRAINING
PROGRAM.
Part G of title IV of the Public Health Service Act is
amended by inserting after section 487E (42 U.S.C. 288-5) the
following:
``SEC. 487F. ORAL HEALTH PROFESSIONAL RESEARCH AND TRAINING
PROGRAM.
``(a) In General.--The Secretary, in consultation with the
Director of the National Institute of Dental and Craniofacial
Research, shall establish a program under which the Secretary
will enter into contracts with qualified oral health
professionals and such professionals will agree to conduct
research or provide training with respect to pediatric oral,
dental, and craniofacial diseases and conditions and in
exchange the Secretary will agree to repay, for each year of
service, not more than $35,000 of the principal and interest
of the educational loans of such professionals.
``(b) Qualified Oral Health Professional.--
``(1) Definition.--In this section, the term `qualified
oral health professional' includes dentists and allied dental
personnel serving in faculty positions.
``(2) Special preference.--In entering into contacts under
subsection (a), the Secretary shall give preference to
qualified oral health professionals--
``(A) who are serving, or who have served in research or
training programs of the National Institute of Dental and
Craniofacial Research; or
``(B) who are providing services at institutions that
provide oral health care to underserved pediatric populations
in rural or border areas.
``(c) Priorities.--The Secretary shall annually determine
the clinical and basic research and training priorities for
contracts under subsection (a), including dental caries,
orofacial accidents or traumas, birth defects
[[Page S4363]]
such as cleft lip and palate and severe malocclusions, and
new techniques and approaches to treatment.
``(d) Contracts, Obligated Service, and Breach of
Contract.--The provisions of section 338B concerning
contracts, obligated service, and breach of contract, except
as inconsistent with this section, shall apply to contracts
under this section to the same extent and in the same manner
as such provisions apply to contracts under such section
338B.
``(e) Availability of Funds.--Amounts available for
carrying out this section shall remain available until the
expiration of the second fiscal year beginning after the
fiscal year for which such amounts were made available.''.
SEC. 304. CONSENSUS DEVELOPMENT CONFERENCE.
(a) In General.--Not later than April 1, 2000, the
Secretary of Health and Human Services, acting through the
National Institute of Child Health and Human Development and
the National Institute of Dental and Craniofacial Research,
shall convene a conference (to be known as the ``Consensus
Development Conference'') to examine the management of early
childhood caries and to support the design and conduct of
research on the biology and physiologic dynamics of
infectious transmission of dental caries. The Secretary shall
ensure that representatives of interested consumers and other
professional organizations participate in the Consensus
Development Conference.
(b) Experts.--In administering the conference under
subsection (a), the Secretary of Health and Human Services
shall solicit the participation of experts in dentistry,
including pediatric dentistry, dental hygiene, public health,
and other appropriate medical and child health professionals.
(c) Authorization of Appropriations.--There is authorized
to be appropriated such sums as may be necessary to carry out
this section.
TITLE IV--SURVEILLANCE AND ACCOUNTABILITY
SEC. 401. CDC REPORTS.
(a) Collection of Data.--The Director of the Centers for
Disease Control and Prevention in collaboration with other
organizations and agencies shall annually collect data
describing the dental, craniofacial, and oral health of
residents of at least 1 State from each region of the
Department of Health and Human Services.
(b) Reports.--The Director shall compile and analyze data
collected under subsection (a) and annually prepare and
submit to the appropriate committees of Congress a report
concerning the oral health of certain States.
SEC. 402. REPORTING REQUIREMENTS UNDER THE MEDICAID PROGRAM.
Section 1902(a)(43)(D) of the Social Security Act (42
U.S.C. 1396a(43)(D)) is amended--
(1) in clause (iii), by striking ``and'' and inserting
``with the specific dental condition and treatment provided
identified,'';
(2) in clause (iv), by striking the semicolon and inserting
a comma; and
(3) by adding at the end the following:
``(v) the percentage of expenditures for such services that
were for dental services,
``(vi) the percentage of dental health professionals (as
defined in section 332(a)(4)(C) of the Public Health Service
Act) who are licensed in the State and provide services
commensurate with eligibility under the State plan, and
``(vii) collect and submit data on the number of children
being served as compared to the number of children who are
eligible for services, and the actual services provided;''.
SEC. 403. ADMINISTRATION ON CHILDREN, YOUTH, AND FAMILIES.
The Administrator of the Administration on Children, Youth,
and Families shall annually prepare and submit to the
appropriate committees of Congress a report concerning the
percentage of children enrolled in a Head Start or Early
Start program who have access to and who obtain dental care,
including children with special oral, dental, and
craniofacial health needs. The Administrator of the
Administration of Children, Youth and Families shall seek
methods to reestablish intraagency agreements with the
Administrator of the Health Resources and Services
Administration to address technical assistance for its
grantees in addressing access to preventive clinical
services.
SEC. 404. SPECIAL SUPPLEMENTAL FOOD PROGRAM FOR WOMEN,
INFANTS, AND CHILDREN.
Section 17(f) of the Child Nutrition Act of 1966 (42 U.S.C.
1786(f)) is amended by adding at the end the following:
``(25) The State shall collect and submit data on the
number of children being served under this section as
compared to the number of children who are eligible for
services, and the actual services provided.''.
TITLE V--ORAL HEALTH PROMOTION AND DISEASE PREVENTION
SEC. 501. GRANTS TO INCREASE RESOURCES FOR COMMUNITY WATER
FLUORIDATION.
(a) In General.--The Secretary of Health and Human
Services, acting through the Director of the Division of Oral
Health of the Centers for Disease Control and Prevention, may
make grants to State or locality for the purpose of
increasing the resources available for community water
fluoridation.
(b) Use of Funds.--A State shall use amounts provided under
a grant under subsection (a)--
(1) to purchase fluoridation equipment;
(2) to train fluoridation engineers; or
(3) to develop educational materials on the advantages of
fluoridation.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section, $25,000,000 for
fiscal year 2000, and such sums as may be necessary for each
subsequent fiscal year.
SEC. 502. COMMUNITY WATER FLUORIDATION.
(a) In General.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary''), acting
through the Director of the Indian Health Service and the
Director of the Centers for Disease Control and Prevention,
shall establish a demonstration project that is designed to
assist rural water systems in successfully implementing the
Centers for Disease Control and Prevention water fluoridation
guidelines entitled ``Engineering and Administrative
Recommendations for Water Fluoridation'' (referred to in this
section as the ``EARWF'').
(b) Requirements.--
(1) Collaboration.--The Director of the Indian Health
Services shall collaborate with the Director of the Centers
for Disease Control and Prevention in developing the project
under subsection (a). Through such collaboration the
Directors shall ensure that technical assistance and training
are provided to tribal programs located in each of the 12
areas of the Indian Health Service. The Director of the
Indian Health Service shall provide coordination and
administrative support to tribes under this section.
(2) General use of funds.--Amounts made available under
this section shall be used to assist small water systems in
improving the effectiveness of water fluoridation and to meet
the recommendations of the EARWF.
(3) Fluoridation specialists.--
(A) In general.--In carrying out this section, the
Secretary shall provide for the establishment of fluoridation
specialist engineering positions in each of the Dental
Clinical and Preventive Support Centers through which
technical assistance and training will be provided to tribal
water operators, tribal utility operators and other Indian
Health Service personnel working directly with fluoridation
projects.
(B) Liaison.--A fluoridation specialist shall serve as the
principal technical liaison between the Indian Health Service
and the Centers for Disease Control and Prevention with
respect to engineering and fluoridation issues.
(C) Cdc.--The Director of the Centers for Disease Control
and Prevention shall appoint individuals to serve as the
fluoridation specialists.
(4) Implementation.--The project established under this
section shall be planned, implemented and evaluated over the
5-year period beginning on the date on which funds are
appropriated under this section and shall be designed to
serve as a model for improving the effectiveness of water
fluoridation systems of small rural communities.
(c) Evaluation.--In conducting the ongoing evaluation as
provided for in subsection (b)(4), the Secretary shall ensure
that such evaluation includes--
(1) the measurement of changes in water fluoridation
compliance levels resulting from assistance provided under
this section;
(2) the identification of the administrative, technical and
operational challenges that are unique to the fluoridation of
small water systems;
(3) the development of a practical model that may be easily
utilized by other tribal, State, county or local governments
in improving the quality of water fluoridation with emphasis
on small water systems; and
(4) the measurement of any increased percentage of Native
Americans or Alaskan Natives who receive the benefits of
optimally fluoridated water.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section, $25,000,000 for
fiscal year 2000, and such sums as may be necessary for each
subsequent fiscal year.
SEC. 503. SCHOOL-BASED DENTAL SEALANT PROGRAM.
(a) In General.--The Secretary of Health and Human
Services, acting through the Director of the Maternal and
Child Health Bureau of the Health Resources and Services
Administration, may award grants to States or localities to
provide for the development of school-based dental sealant
programs to improve the access of children to sealants.
(b) Use of Funds.--A State shall use amounts received under
a grant under subsection (a) to provide funds to eligible
school-based entities or to public elementary or secondary
schools to enable such entities or schools to provide
children in second or sixth grade with access to dental care
and dental sealant services. Such services shall be provided
by licensed dental health professionals in accordance with
State practice licensing laws.
(c) Eligibility.--To be eligible to receive funds under
this section an entity shall--
(1) prepare and submit to the State an application at such
time, in such manner and containing such information as the
State may require; and
(2) be a public elementary or secondary school--
(A) that located in an urban area and in which and more
than 50 percent of the student population is participating in
Federal or State free or reduced meal programs; or
(B) that is located in a rural area and, with respect to
the school district in which the school is located, the
district involved has a median income that is at or below 235
percent of the poverty line, as defined in section 673(2) of
the Community Services Block Grant Act (42 U.S.C. 9902(2)).
Preference in awarding grants shall be provided to eligible
entities that use dental
[[Page S4364]]
health care professionals in the most cost effective manner.
(d) Coordination with Other Programs.--
(1) In general.--An entity that receives funds from a State
under this section shall serve as an enrollment site for
purposes of enabling individuals to enroll in the State plan
under title XIX of the Social Security Act (42 U.S.C. 1396 et
seq.) or in the State Children's Health Insurance Program
under title XXI of such Act (42 U.S.C. 1397aa et seq.).
(2) Conforming amendment.--Section 1920A(b)(3)(A)(i) of the
Social Security Act (42 U.S.C. 1396r-1a(b)(3)(A)(i)) is
amended--
(A) by striking ``or (II)'' and inserting ``, (II)''; and
(B) by inserting ``, or (III) is an eligible community-
based entity or a public elementary or secondary school that
participates in the school-based dental sealant program
established under section 503 of the Children's Dental Health
Improvement Act of 1999'' before the semicolon.
(e) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section, $5,000,000 for
fiscal year 2000, and such sums as may be necessary for each
subsequent fiscal year.
TITLE VI--MISCELLANEOUS
SEC. 601. EFFECTIVE DATE.
(a) In General.--Except as otherwise provided in this Act,
this Act and the amendments made by this Act take effect on
the date of enactment of this Act.
(b) Extension of effective date for state law amendment.--
In the case of a State plan under title XIX of the Social
Security Act which the Secretary of Health and Human Services
determines requires State legislation in order for the plan
to meet the additional requirements imposed by the amendments
made by this Act, the State plan shall not be regarded as
failing to comply with the requirements of such amendments
solely on the basis of its failure to meet the additional
requirements before the first day of the first calendar
quarter beginning after the close of the first regular
session of the State legislature that begins after the date
of the enactment of this Act. For purposes of the previous
sentence, in the case of a State that has a 2-year
legislative session, each year of the session is considered
to be a separate regular session of the State legislature.
______
By Mr. TORRICELLI (for himself, Mr. Kerry, Mrs. Murray, and Mrs.
Boxer):
S. 902. A bill to amend title XIX of the Social Security Act to
permit States the option to provide Medicaid coverage for low-income
individuals infected with HIV; to the Committee on Finance.
early treatment for hiv act of 1999
Mr. TORRICELLI. Mr. President, I rise today to introduce the Early
Treatment for HIV Act. In recent years, exciting scientific
breakthroughs have led to an improved understanding of AIDS and
provided powerful new treatments for Americans living with HIV disease.
Commonly known as the protease cocktail, these drugs have helped
transform HIV into a manageable chronic disease. To be most effective,
the medical community and the U.S. Department of Health and Human
Services (HHS) recommends the use of these treatments early in the
course HIV infection, before the onset of symptoms. Tragically though,
the high cost of these drugs means that only those of significant
financial means have access to them.
In another tragic irony, vulnerable low-income HIV-positive Americans
cannot receive AIDS-preventing drugs under the Medicaid program until
they develop full blown AIDS. By that time, their preventive value has
greatly diminished. To correct this glaring flaw in the Medicaid
program, the Early Treatment for HIV Act will ensure that HIV positive,
low income patients, will be eligible for medical services immediately.
The benefits of this legislation are overwhelming. A report released
at the 12th World AIDS Conference in Geneva found that treatment for
HIV early in the course of the disease is both medically and
economically effective. Another report by the University of California
found that expanding Medicaid to provide wider access to HIV therapies
would prevent thousands of deaths and AIDS diagnoses, leading to 14,500
more years of life for persons living with HIV disease over five years.
In terms of economic savings, several recent studies have found that
money spent ``up front'' on medications are offset by later savings on
hospitalizations and other expensive care and treatments for AIDS-
related illnesses. A report by the Medical Associates of Los Angeles
found that each dollar spent on combination drugs therapies resulted in
at least two dollars of savings and overall treatment costs.
Mr. President, the Early Treatment for HIV Act will help thousands of
low-income people with HIV live longer, more fulfilling lives by
allowing them to overcome the financial barriers to effective medical
treatments.
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. 902
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 ``Early Treatment for HIV Act
of 1999''.
SEC. 2. OPTIONAL MEDICAID COVERAGE OF LOW-INCOME HIV-INFECTED
INDIVIDUALS.
(a) In General.--Section 1902 of the Social Security Act
(42 U.S.C. 1396a) is amended--
(1) in subsection (a)(10)(A)(ii)--
(A) by striking ``or'' at the end of subclause (XIII);
(B) by adding ``or'' at the end of subclause (XIV); and
(C) by adding at the end the following:
``(XV) who are described in subsection (aa) (relating to
HIV-infected individuals);''; and
(2) by adding at the end the following new subsection:
``(aa) HIV-infected individuals described in this
subsection are individuals not described in subsection
(a)(10)(A)(i)--
``(1) who have HIV infection;
``(2) whose income (as determined under the State plan
under this title with respect to disabled individuals) does
not exceed the maximum amount of income a disabled individual
described in subsection (a)(10)(A)(i) may have and obtain
medical assistance under the plan; and
``(3) whose resources (as determined under the State plan
under this title with respect to disabled individuals) do not
exceed the maximum amount of resources a disabled individual
described in subsection (a)(10)(A)(i) may have and obtain
medical assistance under the plan.''.
(b) Conforming Amendments.--Section 1905(a) of the Social
Security Act (42 U.S.C. 1396d(a)) is amended, in the matter
preceding paragraph (1)--
(1) by striking ``or'' at the end of clause (x);
(2) by adding ``or'' at the end of clause (xi); and
(3) by inserting after clause (xii) the following:
``(xii) individuals described in section 1902(aa);''.
(c) Exemption from Funding Limitation for Territories.--
Section 1108(g) of the Social Security Act (42 U.S.C.
1308(g)) is amended by adding at the end the following:
``(3) Disregarding medical assistance for optional low-
income hiv-infected individuals.--The limitations under
subsection (f) and the previous provisions of this subsection
shall not apply to amounts expended for medical assistance
for individuals described in section 1902(aa) who are only
eligible for such assistance on the basis of section
1902(a)(10)(A)(ii)(XV).''.
(d) Effective Date.--The amendments made by this section
shall apply to calendar quarters beginning on or after the
date of the enactment of this Act, without regard to whether
or not final regulations to carry out such amendments have
been promulgated by such date.
______
By Mr. KOHL (for himself and Mr. DeWine):
S. 903. A bill to facilitate the exchange by law enforcement agencies
of DNA identification information relating to violent offenders, and
for other purposes; to the Committee on the Judiciary.
violent offender dna identification act of 1999
Mr. KOHL. Mr. President, I rise today with Senator DeWine to
introduce the Violent Offender DNA Identification Act of 1999. This
bipartisan measure will put more criminals behind bars by correcting
practical and legal shortcomings that leave too much crucial DNA
evidence unused and too many violent crimes unsolved.
Currently, all 50 states require DNA samples to be obtained from
certain convicted offenders, and these samples increasingly can be
shared through a national DNA database established by Federal law. This
national database--part of the Combined Database Index System (CODIS)--
enables law enforcement officials to link DNA evidence found at a crime
scene with any suspect whose DNA is already on file. By identifying
repeat offenders, this DNA sharing can and does make a difference.
Already the FBI has recorded over 400 matches through DNA databases,
helping solve numerous crimes. And in my home state of Wisconsin,
experience proves that DNA ``sharing'' pays off. We've already had 19
``hits'' that have assisted more than 20 criminal investigations. In
fact, just a week
[[Page S4365]]
before the statute of limitations ran out in a multiple rape
investigation, DNA matching helped identify a serial rapist responsible
for three rapes in Kenosha and a fourth in Racine. As a result, he's
currently serving an 80-year sentence. Without DNA databases, suspects
like this otherwise might never be discovered--or convicted.
As valuable as this system is, it is not as effective as it could--or
should--be. The effectiveness of the database is directly related to
the number of DNA profiles it contains. For every 1,000 new profiles,
we can expect to find at least one match, and with every new profile
added, the odds for a match increase. However, there are currently two
major obstacles to the effective functioning of the database. Our
measure would correct these problems and make the database far more
productive.
First, hundreds of thousands of DNA samples that have already been
collected still must be analyzed before they can be entered into the
national database. The FBI estimates that there is a backlog of nearly
400,000 DNA samples from convicted offenders languishing, unanalyzed,
in state crime laboratories for simple lack of funding.
Our measure will reduce the backlog of unanalyzed samples by
providing the funding necessary to analyze them and put them ``on-
line.'' It provides $30 million over two years to erase the backlog of
the 400,000 unanalyzed samples and the almost-as-pressing backlog of
approximately 200,000 more samples that need to be reanalyzed using
state-of-the-art methods. For example, in Wisconsin, we have almost
2,000 samples that have not yet been analyzed, and more than 10,000
that need to be reanalyzed so they can be effectually shared through
the national database.
Indeed, easing this backlog was the lead recommendation of the
National Commission on the Future of DNA Evidence appointed by the
Attorney General. As the Commission explained, ``the power of the CODIS
program lies in the sheer numbers of convicted offender samples that
are processed and entered into the database.''
Second, for some inexplicable reason, we do not collect samples from
Federal and D.C. offenders. So while the database can identify a
suspect whose DNA is on file in one of the 50 states, it generally
won't catch a Federal or D.C. offender. Under current law, that suspect
will not be identified; his crime may not be solved; and he could get
off scot-free. We thought we already closed this loophole through 1996
legislation which provides that the FBI ``may expand [the database] to
include Federal crimes and crimes committed in the District of
Columbia,'' but Federal officials claim more express authority is
necessary. We are not so sure they're right, but there is no need to
wait any longer.
Our measure closes once and for all this loophole that allows DNA
samples from Federal (including military) and Washington, D.C.
offenders to go uncollected. Under our proposal, DNA samples would be
obtained from any Federal offender--or any D.C. offender under Federal
custody or supervision--convicted of a violent crime or other
qualifying offense. And it would require the collection of samples from
juveniles found delinquent under Federal law for conduct that would
constitute a violent crime if committed by an adult. Our proposal was
prepared with the assistance of the FBI, the Administrative Office of
the U.S. Courts, the Bureau of Prisons, the U.S. Parole Commission,
agencies within the District of Columbia responsible for supervision of
released felons, and the Department of Defense.
Mr. President, modern crime-fighting technology like DNA testing and
DNA databases make law enforcement much more effective. But in order to
take full advantage of these valuable resources, we need this measure
to make the database as comprehensive--and as productive--as possible.
Violent criminals should not be able to evade arrest simply because a
state didn't analyze its DNA samples or because an inexcusable loophole
leaves Federal and D.C. offenders out of the DNA database. This measure
will ensure that we apprehend violent repeat offenders, regardless of
whether they originally violated state, Federal or D.C. law. And, by
collecting more DNA evidence and utilizing the best of DNA technology,
we also can help exonerate individual suspects whose DNA does not match
with particular crime scenes.
The Senate has already made clear that issues like these need to be
addressed. In this year's Budget, we acknowledged that ``tremendous
backlogs * * * prevent swift administration of justice and impede
fundamental individual rights, such as the right to a speedy trial and
to exculpatory evidence.'' We unanimously concluded that it was the
Sense of the Senate that ``Congress should consider legislation that
specifically addresses the backlogs in State and local crime
laboratories and medical examiner's offices.''
Mr. President, this measure will help police use modern technology to
solve crimes and prevent repeat offenders from committing new ones. So
we look forward to working with our colleagues and with the Department
of Justice to move this measure forward and help law enforcement keep
pace with today's criminal.
Mr. DeWINE. Mr. President, today I rise to introduce the
``Violent Offender DNA Identification Act of 1999,'' with my colleague
Senator Herb Kohl. Existing anti-crime technology can allow us to solve
many violent crimes that occur in our communities--but in order for it
to work, it has to be used.
I have been a longtime advocate for use of the Combined DNA Indexing
System (CODIS), a national DNA database, to profile convicted offender
DNA. In fact, during consideration of the Anti-Terrorism Act of 1996, I
proposed a provision under which Federal convicted offenders' DNA would
be included in CODIS. Unfortunately, the Department of Justice never
implemented this law, though currently all 50 states collect DNA from
convicted offenders.
One of the purposes of this legislation is to expressly require the
collection of DNA samples from federally convicted felons, and military
personnel convicted of similar offenses. Collection of convicted
offender DNA is crucial to solving many of the crimes occurring in our
communities. Statistics show that many of these violent felons will
repeat their crimes once they are back in society. Since the Federal
government does not collect DNA from these felons, however, law
enforcement's ability to rapidly identify likely suspects is retarded.
Collection of such data is critical.
The case of Mrs. Debbie Smith of Virginia underscores the importance
of collection of DNA from convicted offenders. Debbie Smith was at her
home in the middle of the day when a masked intruder entered her
unlocked back door. Her husband, a police lieutenant, was upstairs
sleeping. The stranger blindfolded Mrs. Smith and took her to a wooded
area behind her house where he robbed and repeatedly raped her. After
warning Mrs. Smith not to tell, the assailant let her go. She told her
husband, who reported the incident, then took her to the hospital where
evidence was collected for DNA analysis.
Debbie Smith's rape experience was so terrible that she contemplated
taking her own life. She continued to live in constant fear until six-
and-a-half years later when a state crime laboratory found a CODIS
match with an inmate then serving in jail for abduction and robbery. In
fact, the offender was jailed on another offense one month after raping
her. There are thousands of other crimes the DNA database can solve.
With CODIS we can grant countless victims, like Mrs. Smith, peace of
mind and bring their attackers swiftly to justice.
We need to do everything we can to make sure law enforcement has
access to these tools. A major obstacle facing state and local crime
laboratories are the backlogs of convicted offender samples. The
Federal Bureau of Investigation estimates that there are about 450,000
convicted offender samples in state and local laboratories awaiting
analysis. Increasing demand for DNA analysis in active cases, and
limited resources, are reducing the ability of state and local crime
laboratories to analyze their convicted offender backlogs. While I
introduced, and Congress passed, the Crime Identification Technology
Act of 1998 to address the long-term needs of crime laboratories, many
crime laboratories need immediate assistance to address their short-
term backlogs that will help law enforcement solve crime.
This bill would provide about $30 million, over 4 years, to help
state and
[[Page S4366]]
local crime laboratories address their convicted offender backlogs. We
are asking the FBI to work with private, state and local laboratories
to organize regional laboratories to analysis backlogged State and
local convicted offender samples. While we have considered many ways to
address the backlog of convicted offender samples in state and local
laboratories, we believe that the approach outlined in this legislation
provides the fastest, most cost-effective and efficient method of
eliminating the backlog.
Violent criminals should not be able to evade responsibility simply
because a state lacks the resources to analyze their DNA samples, or
because a loophole excludes certain Federal offenders from our national
database. This legislation would be a huge asset for our local law
enforcers in their day-to-day fight against crime. I thank Senator Kohl
for his efforts.
______
By Mr. SANTORUM (for himself and Mr. Specter):
S. 905. A bill to establish the Lackawanna Valley American Heritage
Area; to the Committee on Energy and Natural Resources
lackawanna valley american heritage area act of 1999
Mr. SANTORUM. Mr. President, I rise today to introduce a bill that
would establish the Lackawanna Valley American Heritage Area. This
legislation recognizes the significance of Pennsylvania's Lackawanna
Valley, the site of the first state heritage park in the Commonwealth
of Pennsylvania.
Nearly nine years ago, people in the Lackawanna Valley pursued their
vision to recognize the cultural, historical, natural, and recreational
values that existed within the region. As such, partnerships were
formed among federal, state, and local governments, in addition to
local business interests, to move this idea forward. As those
partnerships evolved, that cooperation produced ``The Plan for the
Lackawanna Heritage Valley.''
With the credo of ``community development through partnerships,'' the
LHVA began developing a wide agenda of community projects that would
come to define the term ``heritage park.'' Specifically, the LHVA was
instrumental in creating the National Institute of Environmental
Renewal, a ``living laboratory'' founded with the intention of
identification and clean-up of the Lackawanna Valley's scarred
industrial landscape. Through an adaptive re-use of a former school
building, there now exists a 100,000 square foot Education and
Training, Research and Development, and Technology Transfer Center.
Other projects taken on by the Authority include: construction of the
Lackawanna Trolley Museum; designation of the Lackawanna River Heritage
Trail; development of the Olyphant Elementary School housing project;
and the ``Young People's Heritage Festival.'' One of the most
significant undertakings by LHVA partners has been a research document
commissioned by the National park Service and the PA Historical and
Museum Commission. The study, ``Anthracite Coal in Pennsylvania: an
Industry and a Region,'' concludes that, ``the anthracite industry of
northeastern Pennsylvania played a critical role in the expansion of
the American economy during the second quarter of the nineteenth
century.''
The legislation that I am introducing today, with the support of
Senator Specter, encourages the continuation of local interest by
demonstrating the federal government's commitment to preserving the
unique heritage of the Lackawanna Valley. It would require the
Lackawanna Heritage Valley Authority to enter a compact with the
Secretary of the Interior to establish Heritage Area boundaries, and to
prepare and implement a management plan within three years. This plan
would inventory resources and recommend policies for resource
management interpretation. Further, based on the criteria of other
Heritage Areas established by the Omnibus Parks and Public Lands
Management Act of 1996, this bill requires that federal funds provided
under this bill do not exceed 50 percent of the total cost of the
program.
Mr. President, this legislation is a culmination of the hard work and
diligence of many parties interested in preserving the cultural and
natural resources of the Lackawanna Valley. I believe this bill
represents the positive impact public and private institutions can have
when given the opportunity for collaboration.
Mr. President, I ask unanimous consent that a copy of the bill be
printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 905
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 ``Lackawanna Valley American
Heritage Area Act of 1999''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the industrial and cultural heritage of northeastern
Pennsylvania, including Lackawanna County, Luzerne County,
Wayne County, and Susquehanna County, related directly to
anthracite and anthracite-related industries, is nationally
significant;
(2) the industries referred to in paragraph (1) include
anthracite mining, ironmaking, textiles, and rail
transportation;
(3) the industrial and cultural heritage of the anthracite
and anthracite-related industries in the region described in
paragraph (1) includes the social history and living cultural
traditions of the people of the region;
(4) the labor movement of the region played a significant
role in the development of the Nation, including--
(A) the formation of many major unions such as the United
Mine Workers of America; and
(B) crucial struggles to improve wages and working
conditions, such as the 1900 and 1902 anthracite strikes;
(5)(A) the Secretary of the Interior is responsible for
protecting the historical and cultural resources of the
United States; and
(B) there are significant examples of those resources
within the region described in paragraph (1) that merit the
involvement of the Federal Government to develop, in
cooperation with the Lackawanna Heritage Valley Authority,
the Commonwealth of Pennsylvania, and local and governmental
entities, programs and projects to conserve, protect, and
interpret this heritage adequately for future generations,
while providing opportunities for education and
revitalization; and
(6) the Lackawanna Heritage Valley Authority would be an
appropriate management entity for a Heritage Area established
in the region described in paragraph (1).
(b) Purposes.--The purposes of the Lackawanna Valley
American Heritage Area and this Act are--
(1) to foster a close working relationship among all levels
of government, the private sector, and the local communities
in the anthracite coal region of northeastern Pennsylvania
and enable the communities to conserve their heritage while
continuing to pursue economic opportunities; and
(2) to conserve, interpret, and develop the historical,
cultural, natural, and recreational resources related to the
industrial and cultural heritage of the 4-county region
described in subsection (a)(1).
SEC. 3. DEFINITIONS.
In this Act:
(1) Heritage area.--The term ``Heritage Area'' means the
Lackawanna Valley American Heritage Area established by
section 4.
(2) Management entity.--The term ``management entity''
means the management entity for the Heritage Area specified
in section 4(c).
(3) Management plan.--The term ``management plan'' means
the management plan for the Heritage Area developed under
section 6(b).
(4) Partner.--The term ``partner'' means--
(A) a Federal, State, or local governmental entity; and
(B) an organization, private industry, or individual
involved in promoting the conservation and preservation of
the cultural and natural resources of the Heritage Area.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 4. LACKAWANNA VALLEY AMERICAN HERITAGE AREA.
(a) Establishment.--There is established the Lackawanna
Valley American Heritage Area.
(b) Boundaries.--The Heritage Area shall be comprised of
all or parts of Lackawanna County, Luzerne County, Wayne
County, and Susquehanna County, Pennsylvania, determined in
accordance with the compact under section 5.
(c) Management Entity.--The management entity for the
Heritage Area shall be the Lackawanna Heritage Valley
Authority.
SEC. 5. COMPACT.
(a) In General.--To carry out this Act, the Secretary shall
enter into a compact with the management entity.
(b) Contents of Compact.--The compact shall include
information relating to the objectives and management of the
area, including--
(1) a delineation of the boundaries of the Heritage Area;
and
(2) a discussion of the goals and objectives of the
Heritage Area, including an explanation of the proposed
approach to conservation and interpretation and a general
outline of the protection measures committed to by the
partners.
[[Page S4367]]
SEC. 6. AUTHORITIES AND DUTIES OF MANAGEMENT ENTITY.
(a) Authorities of Management Entity.--The management
entity may, for the purposes of preparing and implementing
the management plan, use funds made available under this
Act--
(1) to make loans and grants to, and enter into cooperative
agreements with, any State or political subdivision of a
State, private organization, or person; and
(2) to hire and compensate staff.
(b) Management Plan.--
(1) In general.--The management entity shall develop a
management plan for the Heritage Area that presents
comprehensive recommendations for the conservation, funding,
management, and development of the Heritage Area.
(2) Consideration of other plans and actions.--The
management plan shall--
(A) take into consideration State, county, and local plans;
(B) involve residents, public agencies, and private
organizations working in the Heritage Area; and
(C) include actions to be undertaken by units of government
and private organizations to protect the resources of the
Heritage Area.
(3) Specification of funding sources.--The management plan
shall specify the existing and potential sources of funding
available to protect, manage, and develop the Heritage Area.
(4) Other required elements.--The management plan shall
include the following:
(A) An inventory of the resources contained in the Heritage
Area, including a list of any property in the Heritage Area
that is related to the purposes of the Heritage Area and that
should be preserved, restored, managed, developed, or
maintained because of its historical, cultural, natural,
recreational, or scenic significance.
(B) A recommendation of policies for resource management
that considers and details application of appropriate land
and water management techniques, including the development of
intergovernmental cooperative agreements to protect the
historical, cultural, natural, and recreational resources of
the Heritage Area in a manner that is consistent with the
support of appropriate and compatible economic viability.
(C) A program for implementation of the management plan by
the management entity, including--
(i) plans for restoration and construction; and
(ii) specific commitments of the partners for the first 5
years of operation.
(D) An analysis of ways in which local, State, and Federal
programs may best be coordinated to promote the purposes of
this Act.
(E) An interpretation plan for the Heritage Area.
(5) Submission to secretary for approval.--
(A) In general.--Not later than the last day of the 3-year
period beginning on the date of enactment of this Act, the
management entity shall submit the management plan to the
Secretary for approval.
(B) Effect of failure to submit.--If a management plan is
not submitted to the Secretary by the day referred to in
subparagraph (A), the Secretary shall not, after that day,
provide any grant or other assistance under this Act with
respect to the Heritage Area until a management plan for the
Heritage Area is submitted to the Secretary.
(c) Duties of Management Entity.--The management entity
shall--
(1) give priority to implementing actions specified in the
compact and management plan, including steps to assist units
of government and nonprofit organizations in preserving the
Heritage Area;
(2) assist units of government and nonprofit organizations
in--
(A) establishing and maintaining interpretive exhibits in
the Heritage Area;
(B) developing recreational resources in the Heritage Area;
(C) increasing public awareness of and appreciation for the
historical, natural, and architectural resources and sites in
the Heritage Area; and
(D) restoring historic buildings that relate to the
purposes of the Heritage Area;
(3) encourage economic viability in the Heritage Area
consistent with the goals of the management plan;
(4) encourage local governments to adopt land use policies
consistent with the management of the Heritage Area and the
goals of the management plan;
(5) assist units of government and nonprofit organizations
to ensure that clear, consistent, and environmentally
appropriate signs identifying access points and sites of
interest are placed throughout the Heritage Area;
(6) consider the interests of diverse governmental,
business, and nonprofit groups within the Heritage Area;
(7) conduct public meetings not less often than quarterly
concerning the implementation of the management plan;
(8) submit substantial amendments (including any increase
of more than 20 percent in the cost estimates for
implementation) to the management plan to the Secretary for
the Secretary's approval; and
(9) for each year in which Federal funds have been received
under this Act--
(A) submit a report to the Secretary that specifies--
(i) the accomplishments of the management entity;
(ii) the expenses and income of the management entity; and
(iii) each entity to which any loan or grant was made
during the year;
(B) make available to the Secretary for audit all records
relating to the expenditure of such funds and any matching
funds; and
(C) require, with respect to all agreements authorizing
expenditure of Federal funds by other organizations, that the
receiving organizations make available to the Secretary for
audit all records concerning the expenditure of such funds.
(d) Use of Federal Funds.--
(1) Funds made available under this act.--The management
entity shall not use Federal funds received under this Act to
acquire real property or any interest in real property.
(2) Funds from other sources.--Nothing in this Act
precludes the management entity from using Federal funds
obtained through law other than this Act for any purpose for
which the funds are authorized to be used.
SEC. 7. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.
(a) Technical and Financial Assistance.--
(1) In general.--
(A) Provision of assistance.--The Secretary may, at the
request of the management entity, provide technical and
financial assistance to the management entity to develop and
implement the management plan.
(B) Priority in assistance.--In assisting the management
entity, the Secretary shall give priority to actions that
assist in--
(i) conserving the significant historical, cultural, and
natural resources that support the purposes of the Heritage
Area; and
(ii) providing educational, interpretive, and recreational
opportunities consistent with the resources and associated
values of the Heritage Area.
(2) Expenditures for non-federally owned property.--
(A) In general.--To further the purposes of this Act, the
Secretary may expend Federal funds directly on non-federally
owned property, especially for assistance to units of
government relating to appropriate treatment of districts,
sites, buildings, structures, and objects listed or eligible
for listing on the National Register of Historic Places.
(B) Studies.--The Historic American Buildings Survey/
Historic American Engineering Record shall conduct such
studies as are necessary to document the industrial,
engineering, building, and architectural history of the
Heritage Area.
(b) Approval and Disapproval of Management Plans.--
(1) In general.--The Secretary, in consultation with the
Governor of the Commonwealth of Pennsylvania, shall approve
or disapprove a management plan submitted under this Act not
later than 90 days after receipt of the management plan.
(2) Action following disapproval.--
(A) In general.--If the Secretary disapproves a management
plan, the Secretary shall advise the management entity in
writing of the reasons for the disapproval and shall make
recommendations for revisions to the management plan.
(B) Deadline for approval of revision.--The Secretary shall
approve or disapprove a proposed revision within 90 days
after the date on which the revision is submitted to the
Secretary.
(c) Approval of Amendments.--
(1) Review.--The Secretary shall review substantial
amendments (as determined under section 6(c)(8)) to the
management plan for the Heritage Area.
(2) Requirement of approval.--Funds made available under
this Act shall not be expended to implement the amendments
described in paragraph (1) until the Secretary approves the
amendments.
SEC. 8. SUNSET PROVISION.
The Secretary shall not provide any grant or other
assistance under this Act after September 30, 2012.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to
carry out this Act $10,000,000, except that not more than
$1,000,000 may be appropriated to carry out this Act for any
fiscal year.
(b) 50 Percent Match.--The Federal share of the cost of
activities carried out using any assistance or grant under
this Act shall not exceed 50 percent.
______
By Mr. ABRAHAM:
S. 906. A bill to establish a grant program to enable States to
establish and maintain pilot drug testing and drug treatment programs
for welfare recipients engaging in illegal drug use, and for other
purposes; to the Committee on Finance.
drug testing and treatment for welfare recipients act of 1999
Mr. ABRAHAM. Mr. President, I rise to introduce the Drug Testing and
Treatment for Welfare Recipients Act of 1999. This legislation would
establish a pilot program encouraging up to 5 States to implement drug
testing and treatment programs for people receiving assistance through
the Temporary Assistance to Needy Families Block Grant (TANF); the AFDC
replacement established through the 1996 welfare reform law. It would
fund these programs through three year competitive grants,
[[Page S4368]]
providing States with the resources and flexibility they need to
establish the most effective drug testing and treatment programs for
their communities.
Mr. President, across the nation, welfare caseloads are dropping.
More and more welfare recipients are working to provide for their
families and moving closer to complete independence from public
assistance. According to the Congressional Research Service, in March
of 1994 5.1 million families received assistance through the Aid to
Families with Dependent Children program (AFDC). By September of 1998,
those numbers had dropped to 2.9 million families receiving assistance
through the Temporary Assistance to Needy Families (TANF) block grant
program.
This 43% decline in the welfare caseload is encouraging. But it
should not stop our efforts to help those hard-to-serve cases still on
the rolls. Individuals who continue to receive welfare payments face
daunting barriers to employment. One such barrier is drug addiction.
People who are addicted to drugs have great trouble concentrating,
keeping set schedules and maintaining basic order in their lives. For
them, steady employment is often simply out of reach.
According to the Administration's Office of National Drug Control
Policy, drug abuse has plagued America for over a century. It has torn
families apart, regardless of socio-economic background as it has
destroyed individual lives and spawned crime and social breakdown.
Drugs pose a threat to the individual, the family, and the community.
Individuals dependent on illegal substances cannot take care of
themselves, much less their children, and drug dependence often leads
to other crimes. Desperate to feed their addiction, abusers are often
forced into theft, assault, or even worse crimes in the search for that
next hit.
Today, an estimated 12.8 million Americans use illegal drugs.
Approximately 45% of Americans know someone with a substance abuse
problem. And the problem is particularly acute among young people
preparing to enter adult life and the adult workforce. 25 percent of
12th graders still use illegal drugs regularly, as do 20 percent of
10th graders and 12 percent of 8th graders.
To combat the debilitating effects of drugs on addicts and those
around them, this bill would enable States to fund drug testing and
treatment programs for welfare recipients in their communities. It
would do this by establishing a three year competitive grant program.
States would apply for this grant by submitting a drug testing and
treatment plan for their welfare recipients. The Secretary of Health
and Human Services would then award the grant to up to 5 states in the
amount of $1.5 million per year per state for three years, bringing the
total cost of this grant program to $22.5 million.
The award decision will be based on two factors: (1) the need and
ability of the State to address drug abuse by welfare recipients and
(2) the ability of the State to continue such testing and treatment
programs after the 3 year grant subsidies. Upon receiving the grant,
States would be required to distribute the monies to entities already
receiving funds through the Federal Substance Abuse Prevention and
Treatment block grant (SAPT), the primary tool the federal government
uses to support State substance abuse prevention and treatment
programs. The States may allocate the funds in any manner they deem
appropriate to establish programs that best serve their communities.
Mr. President, we often talk about breaking the cycle of poverty, and
I believe that goes hand in hand with winning the drug war. I would
like to read a brief quotation from the Administration's Office of
National Drug Control Policy's National Drug Control Strategy. I think
it makes an important point: ``While drug use and its consequences
threaten Americans of every socio-economic background * * * the effects
of drug use are often felt disproportionally. Neighborhoods where
illegal drug markets flourish are plagued by attendant crime and
violence.'' I have always been a strong advocate of community renewal
and I truly believe that when we begin building drug-free families,
safer streets, safer communities and more opportunities for our
nation's economically disadvantaged will follow.
Treatment for welfare recipients engaged in illegal drug use is the
most important form of assistance they will ever receive. The Office of
National Drug Control Policy points out that ``Americans who lack
comprehensive health plans and have smaller incomes may be less able to
afford treatment programs to overcome drug dependence.''
Mr. President, this bill would put drug treatment dollars in the
hands of those who need it most. States need these funds to help
finance more comprehensive treatment programs not covered by Medicaid.
Comprehensive services are desperately needed for the most serious
victims of drug abuse. This grant program constitutes a small
investment that would encourage States to address drug abuse by welfare
recipients, further reducing rates of welfare dependency and other
social problems related to drug addiction.
Ultimately, our goal is to help individuals provide for their
families and achieve independence by breaking the cycle of dependency.
This legislation will help significantly in that effort and I encourage
my colleagues to give it their support.
Mr. President, I ask unanimous consent that the bill and a section-
by-section analysis be printed in the Record.
There being no objection, the materials were ordered to be printed in
the Record, as follows:
S. 906
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 ``Drug Testing and Treatment
for Welfare Recipients Act of 1999''.
SEC. 2. PURPOSE.
The purpose of this Act is to create a grant program that
assists States in establishing and maintaining pilot drug
testing and drug treatment programs for welfare recipients
who have a commitment to overcoming their substance abuse
problems and are in acute need of overcoming such problems.
SEC. 3. DEFINITIONS.
In this Act:
(1) Drug.--The term ``drug'' means a drug within the
meaning of subpart II of part B of title XIX of the Public
Health Service Act (42 U.S.C. 300x-21 et seq.).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(3) Welfare agency.--The term ``welfare agency'' means a
State agency carrying out a program described in paragraph
(4).
(4) Welfare recipient.--The term ``welfare recipient''
means an individual in a State who is receiving assistance
under the State temporary assistance for needy families
program established under part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.).
SEC. 4. PROGRAM AUTHORIZED.
The Secretary may award grants to States to establish and
maintain pilot drug testing programs and drug treatment
programs for welfare recipients in each State that receives a
grant.
SEC. 5. APPLICATIONS.
(a) In General.--To be eligible to receive a grant under
this Act, a State shall submit an application to the
Secretary.
(b) Contents.--Each application submitted pursuant to
subsection (a) shall--
(1) describe a program to provide drug testing for welfare
recipients in the State; and
(2) describe a drug treatment program for welfare
recipients in the State that provides treatment if such a
recipient receives a positive result on a test described in
paragraph (1).
SEC. 6. CRITERIA FOR AWARD OF GRANTS.
(a) In General.--The Secretary shall award grants to
eligible States under section 4 on a competitive basis in
accordance with the criteria set out in subsection (b).
(b) Criteria.--The Secretary shall award grants to eligible
States based on the following criteria:
(1) The need and ability of a State to address drug use by
welfare recipients.
(2) The ability of the State to continue the State programs
established under this Act after the grant program
established under this Act is concluded.
SEC. 7. AWARDS.
(a) Amount of Grant.--The Secretary shall award a grant
under this Act in the amount of $1,500,000 per year.
(b) Duration.--The Secretary shall award a grant under this
Act for a period of 3 years.
(c) Limitation on Number of Grants.--The Secretary shall
award grants under this Act to not more than 5 States.
SEC. 8. USE OF FUNDS.
(a) In General.--A State that receives a grant under this
Act shall use the funds made available through the grant to
establish and maintain the programs described in the
application submitted by the State under section 5.
(b) Distribution by States.--Each State receiving a grant
under this Act shall distribute grant funds only to entities
that are
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receiving assistance under subpart II of part B of title XIX
of the Public Health Service Act (42 U.S.C. 300x-21 et seq.).
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act.
____
Drug Testing and Treatment for Welfare Recipients Act of 1999--Section-
by-Section Analysis
A bill to establish a grant program to enable States to
establish and maintain pilot drug testing and drug treatment
programs for welfare recipients engaging in illegal drug use,
and for other purposes.
Section 1. Short Title.
The act may be cited as the ``Drug Testing and Treatment
for Welfare Recipients Act of 1999''.
Section 2. Purpose.
The purpose of this Act is to create a grant program that
assists States in establishing and maintaining pilot drug
testing and drug treatment programs for welfare recipients
that have an acute and intensive need in overcoming drug
abuse.
Section 3. Definitions.
This section defines various terms used in the bill.
Significantly, for the purposes of this legislation, a
welfare recipient is defined as an individual receiving
assistance under the State temporary assistance for needy
families (TANF) grant program. A welfare agency is any State
agency that carries out the TANF program.
Section 4. Program Authorized.
This section states that the Secretary of Health and Human
Services may award grants to States to establish and maintain
pilot drug testing and treatment programs in each State
receiving the grant.
Section 5. Applications.
To receive a grant, a State must submit an application to
the Secretary of Health and Human Services that describes a
program to provide drug testing and treatment for welfare
recipients in the State.
Section 6. Criteria for award of grants.
These grants will be awarded on a competitive basis and
shall be based on the need and ability of the State to
address drug use by welfare recipients and the ability of the
State to continue such testing and treatment programs after
this Act sunsets.
Section 7. Awards.
The Secretary will award the grant to no more than 5
States. Each grant will be $1.5 million dollars per year for
three years. That brings the total cost of this Act to $22.5
million dollars.
Section 8. Use of Funds.
The State shall distribute grant funds to those entities
that currently receive federal funding in the form of the
Substance Abuse Prevention and Treatment block grant (SAPT).
The grant money, which will be allotted in amounts determined
solely by the States, will be used for treatment purposes.
Section 9. Authorization of Appropriations.
This section authorizes to be appropriated such sums as may
be necessary to carry out this Act.
______
By Mr. SMITH of New Hampshire:
S. 907. A bill to protect the right to life of each born and preborn
human person in existence at fertilization; to the Committee on the
Judiciary.
right to life act of 1999
Mr. SMITH of New Hampshire. Mr. President, I rise today to introduce
the Right to Life Act of 1999.
Our Nation's founding document, the Declaration of Independence,
declared for all the world that we hold it to be self-evident that the
right to life comes from God and that it is unalienable. Life itself,
the Declaration held, is the fundamental right without which the rights
to liberty and the pursuit of happiness have to meaning. As the author
of the Declaration, Thomas Jefferson, later wrote, ``The care of human
life and not its destruction . . . is the first and only object of good
government.''
Almost 200 years after the Declaration of Independence, however, in
1973, the United States Supreme Court violated its most sacred
principle. In Roe versus Wade, the Supreme Court held that the entire
class of unborn children--from fertilization to birth--have no right to
life and may be destroyed at will. In subsequent cases, the Court has
zealously guarded the right to abortion that it created. The Court has
repeatedly rejected all meaningful attempts by the States to protect
the unalienable right to life of unborn children.
Those of us who proudly count ourselves to be members of the right-
to-life movement must not lose sight of our ultimate goal. Our
objective is to keep the Declaration's promise by reversing Roe versus
Wade and restoring to unborn children their God-given right to life. In
order to keep that hope alive in the Senate, I am introducing today the
``Right to Life Act of 1999.''
My bill first sets forth several findings of Congress regarding the
fundamental right to life and the tragic constitutional errors of Roe
versus Wade. Based on these findings and in the exercise of the powers
of the Congress under Article I, Section 8, of the Constitution, and
Section 5 of the Fourteenth Amendment to the Constitution, my bill
establishes that ``the right to life guaranteed by the Constitution is
vested in each human being at fertilization.''
Mr. President, I ask unanimous consent that the text of my bill, the
``Right to Life Act of 1999,'' be printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 907
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 ``Right to Life Act of 1999''.
Sec. 2. The Congress finds that--
(1) we, as a Nation, have declared that the unalienable
right to life endowed by Our Creator is guaranteed by our
Constitution for each human person:
(2) the Supreme Court, in Roe v. Wade (410 U.S. 113 at
159), stated: ``We need not resolve the difficult question of
when life begins . . . the judiciary at this point in the
development of man's knowledge, is not in a position to
speculate as to the answer . . .'';
(3) the Supreme Court, in Roe v. Wade (410 U.S. 113 at 156-
157), stated: ``If this suggestion of personhood is
established, the appellant's case, of course, collapses, for
the fetus' right to life is then guaranteed specifically by
the [Fourteenth] Amendment . . .'';
(4) the Supreme Court, in Roe v. Wade stated that the
privacy right is not absolute, and stated (410 U.S. 113, at
159) that: ``The pregnant woman cannot be isolated in her
privacy. She carries an embryo and, later, a fetus. . . . The
woman's privacy is no longer sole and any right of privacy
she possesses must be measured accordingly.'';
(5) a human father and mother beget a human offspring when
the father's sperm fertilizes the mother's ovum, and the life
of each preborn human person begins at fertilization;
(6) there is no justification for any Federal, State, or
private action intentionally to kill an innocent born or
preborn human person, and that Federal, State, and private
action must assure equal care and protection for the right to
life of both a pregnant mother and her preborn child in
existence at fertilization;
(7) Americans and our society suffer from the evils of
killing even one innocent born or preborn human person, and
each day suffer the torture and slaughter of an estimated
4,000 preborn persons;
(8) the intentional killing of preborn human persons occurs
in Federal enclaves, in interstate commerce activities, and
in the States, estimated at 1,500,000 per year and 33,000,000
since 1973; and
(9) the violence of intentionally killing a preborn human
person has provoked more violence, carnage, and conflict
reaching into homes, schools, churches, workplaces and lives
of Americans.
SEC. 3. RIGHT TO LIFE.
Upon the basis of these findings and in the exercise of
duty, authority, and powers of the Congress, including its
power under Article I, Section 8, to make necessary and
proper laws, and including its power under section 5 of the
14th article of amendment to the Constitution of the United
States, the Congress hereby declares that the right to life
guaranteed by the Constitution is vested in each human being
at fertilization.
SEC. 4. DEFINITION OF STATE.
For the purpose of this Act, the term ``State'' used in the
14th article of amendment to the Constitution of the United
States and other applicable provisions of the Constitution
includes the District of Columbia, the Commonwealth of Puerto
Rico, and each other territory or possession of the United
States.
______
By Mr. DORGAN:
S. 908. A bill to establish a comprehensive program to ensure the
safety of food products intended for human consumption that are
regulated by the Food and Drug Administration, and for other purposes;
to the Committee on Agriculture, Nutrition, and Forestry.
consumer food safety act of 1999
Mr. DORGAN. Mr. President, I am introducing legislation Wednesday to
improve the safety of the nation's food supply, by increasing
educational efforts for food processors and handlers and the frequency
of inspections for some of them. The bill also establishes new
mechanisms for identifying food processors and handlers who originate
contaminated food in order to improve federal recall and food safety
law enforcement action.
Farmers produce high quality products and expect them to reach the
consumer with the same high quality
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standards observed. Farmers and consumers both have an interest in
assuring the unquestioned safety of our food.
The new global economy is another reason for strengthening the
nations' food safety laws. With the new global economy, we have food
moving around the world without much understanding of where its coming
from, who produced it, and under what conditions. I think it calls for
a much more rigorous food inspections, not only for the safety of
consumers, but to safeguard the reputation of the products our farmers
produce.
Another important feature of the bill is new authority for inspection
of food and food products at the border as they enter the United States
from foreign countries, and in some cases inspections at food
processing plants located in foreign countries.
A similar bill will be introduced shortly in the U.S. House by
Representative Frank Pallone (D-NJ), underscoring the urban-rural,
producer-consumer nature of the new drive for improved food safety
laws.
____________________