[Congressional Record Volume 149, Number 163 (Tuesday, November 11, 2003)]
[Senate]
[Pages S14452-S14456]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mrs. BOXER:
  S. 1845. A bill to amend title 37, United States Code, to provide 
financial assistance to State and local governments that continue to 
pay employees who serve on active duty in a reserve component of the 
uniformed services; to the Committee on Armed Services.
  Mrs. BOXER. Mr. President, today is Veterans Day--a day to honor the 
service of those brave men and women who have fought for and defended 
our country.
  This Veterans Day has special meaning as 130,000 Americans are 
serving in Iraq, and many in this country have lost loved ones in Iraq 
in the past year.
  Americans can be proud of the soldiers, sailors, airmen, and marines 
who are serving today. They are continuing to show the courage, 
dignity, and bravery with which our veterans, who we honor today, have 
served in the past.
  That rich tradition includes those Americans who serve in the Guard 
and Reserves. In the 12 years since the first war in Iraq, more than 
525,000 members of the Guard and Reserves have been mobilized--more 
than twice the number that were mobilized in the previous 36 years.

[[Page S14453]]

  When they are called up to active duty, they leave their civilian 
jobs--and their civilian salaries--behind. Most take a pay cut--and are 
glad to do so to serve our country. But when that active duty service 
becomes an extended tour of duty, the financial strain on the families 
left behind can be enormous.
  To close this pay gap, some State and local governments make up the 
different between military and civilian pay for their employees who 
have been activated. Unfortunately, with strains on State and local 
budgets across the country--as well as the increased demand for more 
police and firefighters to help fight terrorism and enhance our 
homeland security--such payments to our Guards and Reservists are a 
financially difficult option--or not an option at all--for most State 
and local governments.
  That is why I am today introducing the Service to the Country 
Reimbursement Act. Under my bill, the Federal Government would 
reimburse State and local governments for the costs of paying the 
different between the civilian salary and the military pay of a Guard 
or Reserves member who is activated for more than 30 days.
  This legislation will encourage State and local governments to make 
those payments in order to keep the families financially whole, 
ensuring that the families of those who serve our country in the Guards 
and Reserves will not be financially penalized because of the service 
being made to our country.
  I encourage my colleagues to join me in this effort. And 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. 1845

       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 ``Service to Country 
     Reimbursement Act of 2003''.

     SEC. 2. ASSISTANCE FOR STATE AND LOCAL GOVERNMENTS THAT 
                   CONTINUE TO PAY EMPLOYEES WHO SERVE ON ACTIVE 
                   DUTY IN A RESERVE COMPONENT OF THE UNIFORMED 
                   SERVICES.

       (a) In General.--Chapter 17 of title 37, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 910. Assistance for State and local governments that 
       continue to pay employees who serve on active duty

       ``(a) Continuation of Civilian Basic Pay.--It is the 
     purpose of this section to encourage States and local 
     governments to continue to pay a portion of the civilian 
     compensation of those employees who are also members of a 
     reserve component and are absent from a position of 
     employment with the State or local government under a call or 
     order to serve on active duty for a period of more than 30 
     days so that the employees receive compensation in an amount 
     that, when taken together with their military pay, is at 
     least equal to their civilian compensation.
       ``(b) Reimbursement Offered.--At the request of a State or 
     local government that continues to pay all or a portion of 
     the civilian compensation of an employee described in 
     subsection (a), the Secretary concerned shall reimburse the 
     State or local government for the civilian compensation paid 
     by the State or local government for each pay period 
     described in subsection (c), but not to exceed the difference 
     (if any) between--
       ``(1) the amount of civilian compensation that would 
     otherwise have been payable to the employee for such pay 
     period if the employee's civilian employment with the State 
     or local government had not been interrupted by the service 
     on active duty; and
       ``(2) the amount of military pay that is payable to the 
     employee for the service on active duty and is allocable to 
     such pay period.
       ``(c) Pay Periods.--Reimbursement shall be provided under 
     this section with respect to each pay period (which would 
     otherwise apply if the employee's civilian employment had not 
     been interrupted) that occurs--
       ``(1) while the employee serves on active duty for a period 
     of more than 30 days;
       ``(2) while the employee is hospitalized for, or 
     convalescing from, an illness or injury incurred in, or 
     aggravated during, the performance of such active duty; or
       ``(3) during the 14-day period beginning at the end of such 
     active duty or the end of the period referred to in paragraph 
     (2).
       ``(d) Effect of Failure to Return to Employment.--(1) If an 
     employee described in subsection (a), with respect to whom 
     reimbursement is provided to a State or local government 
     under this section, fails to report or apply for employment 
     or reemployment with the State or local government by the end 
     of the period referred to in subsection (c)(3), the employee 
     shall refund to the Secretary concerned the total amount of 
     the reimbursement provided with respect to the employee.
       ``(2) Subject to paragraph (3), an obligation to refund 
     moneys to the United States imposed under paragraph (1) is 
     for all purposes a debt owed to the United States.
       ``(3)(A) The Secretary concerned may waive, in whole or in 
     part, a refund required under paragraph (1) if the Secretary 
     concerned determines that recovery would be against equity 
     and good conscience or would be contrary to the best 
     interests of the United States.
       ``(B) The Secretary concerned shall waive a refund required 
     under paragraph (1) if the Secretary concerned determines 
     that the failure of the employee in question to report or 
     apply for employment or reemployment was due to an injury or 
     disability of the employee that is not the fault of the 
     employee.
       ``(4) A discharge in bankruptcy under title 11 that is 
     entered less than five years after the end of the period 
     referred to in subsection (c)(3) does not discharge the 
     employee from a debt arising under paragraph (1). This 
     paragraph applies to any case commenced under title 11 after 
     the date of the enactment of this section.
       ``(e) Regulations.--The Secretaries concerned shall 
     prescribe regulations to carry out this section.
       ``(f) Definitions.--In this section:
       ``(1) The term `civilian compensation' means the wages or 
     salary that an employee of a State or local government 
     normally receives from the employee's employment by the State 
     or local government.
       ``(2) The term `local government' means an agency or 
     political subdivision of a State.
       ``(3) The term `military pay' has the meaning given the 
     term `pay' in section 101(21) of this title.
       ``(4) The term `State' means each of the several States of 
     the United States, the District of Columbia, the Commonwealth 
     of Puerto Rico, Guam, the Virgin Islands, and other 
     territories or possessions of the United States.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 17 of title 37, United States Code, is 
     amended by inserting after the item relating to section 909 
     the following new item:

``910. Assistance for State and local governments that continue to pay 
              employees who serve on active duty.''.
       (c) Application of Amendment.--Section 910 of title 37, 
     United States Code, as added by subsection (a), shall apply 
     with respect to pay periods (as described in subsection (b) 
     of such section) beginning on or after the date of the 
     enactment of this Act.
                                 ______
                                 
      By Ms. SNOWE:
  S. 1846. A bill to amend title 38, United States Code, to establish a 
presumption of service-connection for certain veterans with hepatitis 
C, and for the other purposes; to the Committee on Veterans' Affairs.
  Ms. SNOWE. Mr. President, I rise today to reintroduce legislation I 
first introduced in the 105th Congress to address a serious health 
concern for veterans--specifically, the health threat posed by the 
Hepatitis C virus.
  This legislation, the Veterans Hepatitis C Treatment bill, 
establishes a presumption of service connection for veterans with 
hepatitis C, provided that certain conditions are met. This bill will 
enable veterans who contracted Hepatitis C in military service to 
receive treatment for this condition by the Department of Veterans 
Affairs.
  Under this legislation, veterans who received a transfusion of blood 
during a period of service before December 31, 1992; veterans who were 
exposed to blood during a period of service; veterans who underwent 
hemodialysis during a period of service; veterans diagnosed with 
unexplained liver disease during a period of service; or veterans 
working in a health care occupation during service, will be eligible 
for treatment for Hepatitis C at VA facilities.
  I have reviewed medical research that suggests many veterans were 
exposed to Hepatitis C in service, and are now suffering from liver 
disease and other diseases caused by exposure to this virus. I am 
troubled that many ``Hepatitis C veterans'' are not being treated by 
the VA because they can't prove the virus was service connected, 
despite the fact that Hepatitis was not isolated until 1989 and could 
not be tested for until 1990.
  Hepatitis C is a hidden infection with few symptoms. However, most of 
those infected with the virus will develop serious liver disease 10 to 
30 years after contracting the virus. For many of those infected, 
Hepatitis C can lead to liver failure, transplants, liver cancer and 
death.
  And yet, most people who have Hepatitis C don't even know it--and so 
they don't get treatment until it's too late. It has been estimated 
that up to 70 percent of the approximately four million Americans with 
Hepatitis C are unaware that they carry the virus. For those who know 
they're infected, the

[[Page S14454]]

prognosis is promising--some estimates indicate that 50 percent may 
have the virus eradicated.
  Vietnam veterans in particular are just now starting to learn that 
they have liver disease likely caused by Hepatitis C. Early detection 
and treatment may help head off serious liver disease for many of them. 
However, many veterans with Hepatitis C will not be treated by the VA 
because they must first establish a service connection for their 
condition--a standard that is virtually impossible to meet.
  My colleagues may be interested to know how veterans were likely 
exposed to this virus. Medical advances during the Vietnam War included 
rapid evacuation, improved transfusion and high rates of U.S. casualty 
survival in an era prior to Hepatitis C screening of the blood supply. 
Blood transfusion is one of the most common ways Hepatitis C is 
transmitted. Medical transmission of the virus through needles and 
other medical equipment is also possible in combat. Medical care 
providers who served in combat, where universal precautions and rubber 
glove use are often absent, were likely at increased risk as well, and 
may have, in turn, posed a risk to the service members they treated.
  Researchers have discovered that some blood sent from the U.S. was 
infected with the virus. Researchers and veterans organizations, 
including the Vietnam Veterans of America, believe that many veterans 
were infected after being injured in combat and getting a transfusion 
or from working as a medic around combat injuries.
  Yet, veterans cannot establish a service connection because 
frequently there were no symptoms when they were originally infected 
while in Vietnam. In addition, while medical records may show a short 
bout of Hepatitis, Hepatitis C was not known at the time and there was 
not a test available to detect the virus.
  The Hepatitis C infected veteran is essentially in a catch-22 
situation: the VA will not provide treatment unless a service 
connection has been established, but the veterans cannot prove that 
they contracted Hepatitis C in combat because the science to detect the 
virus didn't exist. Without legislative authority to treat these 
veterans, thousands of veterans infected with Hepatitis C while in the 
service will not receive VA health care testing or treatment.
  I believe that in the long run we will actually save money by testing 
and treating this infection early on. The alternative is much more 
costly treatment of end-state liver disease and the associated 
complications, or other disorders.
  Former Surgeon General C. Everett Koop, well respected both within 
and outside of the medical profession, has said: ``In some studies of 
veterans entering the Department of Veterans Affairs health facilities, 
half of the veterans have tested positive for [the Hepatitis C virus]. 
Some of those veterans may have left the military with the [Hepatitis C 
virus], while others may have developed it after their military 
service. In any event, we need to detect and treat [Hepatitis C] if we 
are to head off very high rates of liver disease and liver transplant 
in VA facilities over the next decade.''
  Some may argue that further epidemiologic data is needed to resolve 
the issue of service connection. I agree that we have our work cut out 
for us, and further study should be done. However, there is already a 
substantial body of research which has firmly established that veterans 
have a higher incidence of Hepatitis C when compared to non-veterans. 
We should not ask those who have already sacrificed so much for this 
country to wait--perhaps for years--for the treatment they deserve 
while further research is being conducted.
  Today is Veteran's Day and we will all take time to honor the 
sacrifices that these brave men and women have made to defend the 
freedom of this country and ensure others could live in peace. These 
veterans shouldn't be asked to fight another battle for the benefits 
and respect that they have earned.
  I hope this legislation will be a constructive step in addressing the 
health concerns of this Nation's veterans, and I look forward to 
working with the Veterans Affairs Committee, the VA-HUD appropriators, 
and veterans groups to meet this emerging challenge.
                                 ______
                                 
      By Mr. CORZINE:
  S. 1847. A bill to amend title 38, United States Code, to establish a 
comprehensive program for testing and treatment of veterans for 
Hepatitis C virus; to the Committee on Veterans' Affairs.
  Mr. CORZINE. Mr. President, I rise today on Veterans Day to introduce 
the Veterans Comprehensive Hepatitis C Health Care Act. This bill would 
fundamentally change the way the Department of Veterans Affairs is 
addressing the growing Hepatitis C epidemic, and would create a 
national standard for testing and treating veterans with the virus.
  Hepatitis C is a disease of the liver caused by contact with the 
Hepatitis C virus. It is primarily spread by contact with infected 
blood. The CDC estimates that 1.8 percent of the population is infected 
with the Hepatitis C virus, and that number is much higher among 
veterans. Vietnam-era veterans are considered to be at greater risk 
because many were exposed to Hepatitis C-infected blood as a result of 
combat-related surgical care during the Vietnam War. In fact, data from 
the Veterans Administration suggests that as many as 18 percent of all 
veterans and 64 percent of Vietnam veterans are infected with the 
Hepatitis C Virus (HCV). For many of those infected, Hepatitis C can 
lead to liver failure, transplants, liver cancer, and death.
  And yet, most veterans who have Hepatitis C don't even know it--and 
often do not get treatment until it's too late. Despite recent advances 
in treating Hepatitis C, the VA still lacks a comprehensive, 
consistent, uniform approach to testing and treating veterans for the 
virus. Only a fraction of the 3.5 million veterans enrolled nationally 
with the VA Health Care System have been tested to date. Part of the 
problem stems from a lack of qualified, full-time medical personnel to 
administer and analyze the tests. Most of the 172 VA hospitals in this 
country have only one doctor, working a half day a week, to conduct and 
analyze all the tests. At this rate, it will take years to test the 
entire enrolled population--years that many of these veterans may not 
have.
  To address this growing problem, I am introducing the Veterans 
Comprehensive Hepatitis C Health Care Act. This legislation will 
improve access to Hepatitis C testing and treatment for all veterans, 
ensure that the VA spends all allocated Hepatitis C funds on testing 
and treatment, and sets new, national policies for Hepatitis C care. 
Congressman Rodney Frelinghuysen from New Jersey has introduced 
companion legislation in the House of Representatives.
  The bill would improve testing and treatment for veterans by 
requiring annual screening tests for Vietnam-era veterans enrolled in 
the VA system, and providing annual tests, upon request, to other 
veterans enrolled in the VA system. Further, it would require the VA to 
treat any enrolled veteran who tests positive for the Hepatitis C 
virus, regardless of service-connected disability status or priority 
group categorization. The VA would be required to provide at least one 
dedicated health care professional--a doctor and a nurse--at each VA 
Hospital for testing and treatment of this disease.
  This bill would also increase the amount of money dedicated to 
Hepatitis C testing and treatment, and would make sure these funds are 
spent where they are needed most. Beginning in FY04, Hepatitis C 
funding would be shifted to the Specific Purpose account under the 
Veterans Health Administration, and would be dedicated solely for the 
purpose of paying for the costs associated with treating veterans with 
the Hepatitis C virus. The bill would allocate these funds to the 22 
Veterans Integrated Service Networks (VISN) based on each VISN's 
Hepatitis C incidence rate, or the number of veterans infected with the 
virus.
  In addition, this bill will end the confusing patchwork of policies 
governing the care of veterans with Hepatitis C throughout the nation. 
This legislation directs the VA to develop and implement a 
standardized, national Hepatitis C policy for its testing protocol, 
treatment options and education and notification efforts. The bill 
further directs the VA to develop an outreach program to notify 
veterans who have

[[Page S14455]]

not been tested for the Hepatitis C virus of the need for such testing 
and the availability of such testing through the VA. And finally, this 
legislation would establish Hepatitis C Centers of Excellence in 
geographic areas with high incidence of Hepatitis C infection.
  As I've said, many veterans do not even realize that they may be 
infected with the Hepatitis C virus, and the VA is doing little to 
encourage them to get the critical testing they need. The VA currently 
lacks a comprehensive national strategy for combating this deadly 
disease. With the passage of the Veterans Comprehensive Hepatitis C 
Health Care Act, veterans will finally be provided with the access to 
testing and treatment that they have more than earned and deserve. 
Additionally, the Federal Government will actually save money in the 
long run by testing and treating this infection early on. The 
alternative is much more costly treatment of end-stage liver disease 
and the associated complications, or other disorders.
  The VA has known about the problem of Hepatitis C among veterans 
since 1992, but they have not acted. We must address this critical 
issue for the brave men and women who have placed their lives in danger 
to protect the United States. I urge my colleagues to join me in 
supporting this crucial legislation.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1847

       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 ``Veterans Comprehensive 
     Hepatitis C Health Care Act''.

     SEC. 2. COMPREHENSIVE HEPATITIS C HEALTH CARE TESTING AND 
                   TREATMENT PROGRAM FOR VETERANS.

       (a) In General.--Chapter 17 of title 38, United States 
     Code, is amended by inserting after section 1720E the 
     following new section:

     ``Sec. 1720F. Hepatitis C testing and treatment

       ``(a) Initial Testing.--(1) During the one-year period 
     beginning on the date of the enactment of the Veterans 
     Comprehensive Hepatitis C Health Care Act, the Secretary 
     shall provide a blood test for the Hepatitis C virus to--
       ``(A) each veteran who served in the active military, 
     naval, or air service during the Vietnam era or who is 
     considered to be `at risk,' and is enrolled to receive care 
     under section 1710 of this title who requests the test or is 
     otherwise receiving a physical examination or any care or 
     treatment from the Secretary; and
       ``(B) to any other veteran who requests the test.
       ``(2) After the end of the period referred to in paragraph 
     (1), the Secretary shall provide a blood test for the 
     Hepatitis C virus to any veteran who requests the test.
       ``(b) Followup Testing and Treatment.--In the case of any 
     veteran who tests positive for the Hepatitis C virus, the 
     Secretary--
       ``(1) shall provide such followup tests as are considered 
     medically appropriate; and
       ``(2) shall provide appropriate treatment for that veteran 
     in accordance with the national protocol for the treatment of 
     Hepatitis C.
       ``(c) Status of Care.--(1) Treatment shall be provided 
     under subsection (b) without regard to whether the Hepatitis 
     C virus is determined to be service-connected and without 
     regard to priority group categorization of the veteran. No 
     copayment may be charged for treatment under subsection (b), 
     and no third-party reimbursement may be sought or accepted, 
     under section 1729 of this title or any other provision of 
     law, for testing or treatment under subsection (a) or (b).
       ``(2) Paragraph (1) shall cease to be in effect upon the 
     effective date of a determination by the Secretary or by 
     Congress that the occurrence of the Hepatitis C virus in 
     specified veterans shall be presumed to be service-connected.
       ``(d) Staffing.--(1) The Secretary shall require that each 
     Department medical center employ at least one full-time 
     gastroenterologist, hepatologist, or other qualified 
     physician to provide tests and treatment for the Hepatitis C 
     virus under this section.
       ``(2) The Secretary shall, to the extent practicable, 
     ensure that each Department medical center has at least one 
     staff member assigned to work, in coordination with Hepatitis 
     C medical personnel, to coordinate treatment options for 
     Hepatitis C patients and provide information and counseling 
     for those patients and their families. Such a staff member 
     should preferably be trained in psychology or psychiatry or 
     be a social worker.
       ``(3) In order to improve treatment provided to veterans 
     with the Hepatitis C virus, the Secretary shall provide 
     increased training options to Department health care 
     personnel.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 1720E the following new item:

``1720F. Hepatitis C testing and treatment.''.

     SEC. 3. FUNDING FOR HEPATITIS C PROGRAMS OF THE DEPARTMENT OF 
                   VETERANS AFFAIRS.

       (a) Program Account.--Beginning with fiscal year 2004, 
     amounts appropriated for the Department of Veterans Affairs 
     for Hepatitis C detection and treatment shall be provided, 
     within the ``Medical Care'' account, through the ``Specific 
     Purpose'' subaccount, rather than the ``VERA'' subaccount.
       (b) Allocation of Funds to VISNs.--In allocating funds 
     appropriated for the Department of Veterans Affairs for the 
     ``Medical Care'' account to the Veterans Integrated Service 
     Networks, the Secretary of Veterans Affairs shall allocate 
     funds for detection and treatment of the Hepatitis C virus 
     based upon incidence rates of that virus among veterans 
     (rather than based upon the overall population of veterans) 
     in each such network.
       (c) Limitation on Use of Funds.--Amounts appropriated for 
     the Department of Veterans Affairs for Hepatitis C detection 
     and treatment through the ``Specific Purpose'' subaccount may 
     not be used for any other purpose.

     SEC. 4. NATIONAL POLICY.

       (a) Standardized Nationwide Policy.--The Secretary of 
     Veterans Affairs shall develop and implement a standardized 
     policy to be applied throughout the Department of Veterans 
     Affairs health care system with respect to the Hepatitis C 
     virus. The policy shall include the testing protocol for the 
     Hepatitis C virus, treatment options, education and 
     notification efforts, and establishment of a specific 
     Hepatitis C diagnosis code for measurement and treatment 
     purposes.
       (b) Outreach.--The Secretary shall, on an annual basis, 
     take appropriate actions to notify veterans who have not been 
     tested for the Hepatitis C virus of the need for such testing 
     and the availability of such testing from the Department of 
     Veterans Affairs.

     SEC. 5. HEPATITIS C CENTERS OF EXCELLENCE.

       (a) Establishment.--The Secretary of Veterans Affairs shall 
     establish at least one, and not more than three, additional 
     Hepatitis C centers of excellence or additional sites at 
     which activities of Hepatitis C centers of excellence are 
     carried out. Each such additional center or site shall be 
     established at a Department of Veterans Affairs medical 
     center in one of the five geographic service areas (known as 
     a Veterans Integrated Service Network) with the highest case 
     rate of Hepatitis C in fiscal year 1999.
       (b) Funding.--Funding for the centers or sites established 
     under subsection (a) shall be provided from amounts available 
     to the Central Office of the Department of Veterans Affairs 
     and shall be in addition to amounts allocated for Hepatitis C 
     pursuant to section 3.
                                 ______
                                 
      By Mr. WYDEN (for himself and Mr. Smith):
  S. 1848. A bill to amend the Bend Pine Nursery Land Conveyance Act to 
direct the Secretary of Agriculture to sell the Bend Pine Nursery 
Administration Site in the State of Oregon; to the Committee on Energy 
and Natural Resources.
  Mr. WYDEN. Mr. President, today I am introducing a bill, with my 
friend and colleague Senator Smith of Oregon, to amend the Bend Pine 
Nursery Land Conveyance Act, enacted three years ago, authorizing the 
sale of the U.S. Forest Service Bend Pine Nursery to the community of 
Bend, OR, for use as a public park and recreation facility.
  In the original bill, Senator Smith, Congressman Walden and I sought 
to achieve some very basic objectives. We wanted the community of Bend 
to take title to a property which for many years had been a federally 
owned plantation for growing pine seedlings, and which will now make a 
superb park and ball field complex for the use of the community. At the 
same time, the bill authorized the sale of several other properties in 
order to raise an account enabling the Forest Service to acquire a new 
headquarters for the Deschutes National Forest.
  In 1999, we drafted the original legislation in very close 
consultation with the U.S. Forest Service based on the assumption that 
in so doing, the agency would have the necessary tools and direction to 
move swiftly to implement the legislation. The intent of the 
legislation was to have the Forest Service sell the property to the 
Bend Parks District within a year of its enactment at the estimated 
value of the property at that time, $3 million.
  Unfortunately, the goodwill built up throughout the drafting process 
was squandered by the Forest Service. Two years of delays in the 
implementation of the original legislation resulted in an appraised 
price of $5.8 million as opposed to the $3 million this property was 
assumed to be worth when the original Bend Pine Nursery Land Conveyance 
was enacted in 2000. This delay has been inconsistent with the intent

[[Page S14456]]

of the original legislation and runs entirely contrary to the interest 
of Bend taxpayers.
  The community has always been more than willing to pay fair value for 
this property, and their goodwill and their tax dollars should not be 
wasted any longer.
  The bill I introduce today resolves the issues that stand in the way 
of implementation of this simple land sale in a fair manner, directing 
the sale to move forward expeditiously for $3.5 million. That figure is 
arrived at by assuming the $3 million value of the property on the day 
the original Act was passed, allowing for inflation per the Forest 
Service's calculations, and then deducting the value of acreage that 
the Forest Service has decided not to sell and 15 acres the Forest 
Service has the ability to transfer to the local school district at no 
cost.
  I look forward to the expeditious resolution to this issue.
  I ask unanimous consent that the text of the bill to be printed in 
the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1848

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

     SECTION 1. SALE OF BEND PINE NURSERY ADMINISTRATIVE SITE.

       The Bend Pine Nursery Land Conveyance Act (114 Stat. 2512) 
     is amended--
       (1) in section 3--
       (A) in subsection (a)--
       (i) by striking paragraph (1);
       (ii) by redesignating paragraphs (2) through (7) as 
     subparagraphs (A) through (F), respectively, and adjusting 
     the margins appropriately; and
       (iii) by striking ``(a) In General.--The Secretary may'' 
     and inserting the following:
       ``(a) In General.--The Secretary--
       ``(1) shall offer to sell to the Bend Metro Park and 
     Recreation District in Deschutes County, Oregon, for 
     consideration in the amount of $3,505,676, all right, title, 
     and interest of the United States in and to approximately 170 
     acres of the parcel of land identified as Tract A, Bend Pine 
     Nursery, as depicted on the site plan map entitled `Bend Pine 
     Nursery Administrative Site, May 13, 1999'; and
       ``(2) may'';
       (B) by striking subsection (e)(3); and
       (C) by inserting after subsection (f) the following:
       ``(g) Bend Pine Nursery Administrative Site.--The land 
     conveyed to the Bend Metro Park and Recreation District under 
     section 3(a)(1)--
       ``(1) shall be used only for recreation purposes; and
       ``(2) may be developed for those purposes.''.
       (2) by redesignating section 6 as section 7; and
       (3) by inserting after section 5 the following:

     ``SEC. 6. CONVEYANCE TO BEND-LA PINE SCHOOL DISTRICT.

       ``The Secretary, in accordance with section 202 of the 
     Education Land Grant Act (16 U.S.C. 479a), shall convey to 
     Administrative School District No. 1, Deschutes County, 
     Oregon, for no consideration, 15 acres of land located in the 
     northwest corner of the tract described in section 3(a)(1), 
     to be used for educational purposes.''.

                          ____________________