[Congressional Record Volume 150, Number 89 (Thursday, June 24, 2004)]
[Senate]
[Pages S7437-S7483]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mrs. CLINTON (for herself, Ms. Collins, and Mr. Breaux):
S. 2572. A bill to amend the Older Americans Act of 1965 to provide
for mental health screening and treatment services, to amend the Public
Health Service Act to provide for integration of mental health services
and mental health treatment outreach teams, and for other purposes; to
the Committee on Health, Education, Labor, and Pensions.
Mrs. CLINTON. Mr. President, today, I rise to introduce the Positive
Aging Act of 2004 to improve the accessibility and quality of mental
health services for our rapidly growing population of older Americans
with my colleagues Senators Breaux and Collins. Representatives Patrick
Kennedy and Ileana Ros-Lehtinen are also introducing a companion bill
in the House this afternoon.
My colleagues John Breaux and Patrick Kennedy introduced this bill
initially to focus on mental health programs, and with constituent
input we decided to broaden it to involve the aging community as well.
I want to acknowledge our partners from both the mental health and
aging organizations who have collaborated with us and been working hard
on these issues for a long time.
Our significant success in extending the life span of older adults
has created a set of challenges related to the quality of life for
American's senior citizens. It is critically important now to focus on
making the extra years of life as productive and healthy as possible.
This legislation is designed to do just that. It puts mental health
services on a par with other primary care services in community
settings that are easily accessible to the elderly. I firmly believe we
must integrate mental health services with other essential primary
care.
The Surgeon General's report on mental health in 1999 told us that
disability due to mental illness in the elderly population is fast
becoming a major public health problem. Depression, dementia, anxiety,
and substance abuse are growing problems among older Americans that
result in functional dependence, long-term institutional care and
reduced quality of life.
Nearly 20 percent of those over age 55 experience mental illnesses
that are not a part of ``normal'' aging, and are all too frequently
undetected and untreated. The real tragedy is that we can effectively
treat many of these conditions, but in far too many instances we are
not making such treatments available. Unrecognized and untreated mental
illness among elderly adults can be traced to gaps in training of
health professionals, and in our failure to fully integrate mental
health screening and treatment with other health services. Far too
often physicians and other health professionals fail to recognize the
signs and symptoms of mental illness. More troubling, knowledge about
effective interventions is simply not accessible to many primary care
practitioners.
Research has shown that treatment of mental illnesses can reduce the
need for other health services and can improve health outcomes for
those with other chronic diseases. These missed opportunities to
diagnose and treat mental diseases are taking a huge toll on the
elderly and increasing the burden on their families and our health care
system.
I know there are a number of reasons for our failure to meet the
mental health needs of our seniors. Regrettably, acknowledging and
seeking mental health care can be impeded by the stigma associated with
mental illness. In addition, Medicare benefit discrimination related to
coverage of mental health services continues to be a barrier to
appropriate care for the elderly.
Finally, the lack of coverage for prescription drugs in Medicare has
until now imposed significant financial burdens on many older
Americans. Notwithstanding the addition of a limited Medicare drug
benefit, there remains the potential that drugs needed for
the treatment of mental illness will be treated unfairly through
formulary restrictions, prior authorization, and higher out-of-pocket
expenses. We must be especially vigilant in our oversight of this
benefit to prevent such discrimination on behalf of the millions of
older Americans with mental illnesses.
The bill we are introducing today provides new authorities and
resources to the Administration on Aging (AOA) and the Substance Abuse
and Mental Health Services Administration (SAMHSA) in the Department of
Health and Human Services. For over 35 years, the AOA has provided home
and community-based services to millions of older persons through the
programs funded under the Older Americans Act. SAMHSA provides block
grants to the States and other financial support to develop and apply
best practices in the identification and treatment of mental diseases
at the community level. Working together these agencies have the
potential for strengthening and extending the delivery of mental health
services to older Americans.
This legislation focuses on getting mental health services to
community sites where primary care and other social services are
provided. It will promote the integration of mental health services and
the use of evidence-based practice protocols. This approach has the
advantage of building on existing structures and programs, and
``mainstreaming'' mental health care for these vulnerable populations.
The bill authorizes AOA to make formula grants to the states for the
development and operation of systems for providing mental health
screening and treatment services to older Americans. These funds may
also be used for outreach programs to increase public awareness of the
availability and effectiveness of mental health assessments and
treatment. Priority will be given to areas that are medically under-
served and include significant numbers of older adults. States will be
required to coordinate projects with existing community agencies and
voluntary organizations offering services to the targeted populations.
This legislation also establishes new grant authorities at AOA to
support development and operation of projects for screening and
treating mental illness among seniors in rural and urban areas.
[[Page S7438]]
Multidisciplinary teams of mental health professionals relying on
evidence-based intervention and treatment protocols are required to
deliver these services. To the maximum extent possible, the grants will
be coordinated with activities in senior centers, adult day care
programs, and naturally occurring retirement centers (NORCs).
This legislation also authorizes two new grant programs at SAMHSA to
provide new resources to support mental health screening and treatment
services in clinical settings. Primary care sites serving a geriatric
patient population such as public or private nonprofit community health
centers or private practices would be eligible for one of these new
grant programs.
The other program will provide support for geriatric mental health
outreach teams to foster collaboration between clinical sites and
senior centers, assisted living facilities, and other social or
residential service centers.
Since the projects supported by these new grant programs are based in
clinical settings, these funds will help to inform primary care
practitioners and increase their capabilities in screening and
treatment for mental illness. These projects build on existing health
care delivery systems and extend their reach to low-income seniors in
the community.
I expect these demonstrations will be a catalyst for breaking down
the barriers that have limited access to mental health services and
retarded the dissemination of evidence-based protocols in the primary
care setting. I have specifically set a priority for projects to serve
a variety of populations, including racial and ethnic minorities and
low-income populations, in both rural and urban areas.
Finally, we have included in this bill several administrative
provisions to raise the profile of mental health services for older
adults at AOA and SAMHSA. A new Office of Older Adult Mental Health
Services is established at AOA to provide a senior level focus for
initiatives to improve the access of seniors to appropriate mental
health screening and treatment services. At SAMHSA, the bill creates a
new deputy director for geriatric mental health services within the
Center for Mental Health Services to develop and implement targeted
programs for older adults.
There are practical and immediate opportunities to improve mental
health care for older Americans. This legislation can help to target
our resources on identifying and treating a population at high risk for
disability and dependence.
We have an obligation to take what is known about effective
treatments and improve the quality of life and overall health of
millions of seniors. It's not only the right thing to do; it's also an
investment that will return enormous dividends in terms of more
economical use of health resources, improved patient outcomes, and a
better quality of life for older Americans. 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. 2572
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 ``Positive Aging Act of
2004''.
TITLE I--AMENDMENTS TO THE OLDER AMERICANS ACT OF 1965
SEC. 101. DEFINITIONS.
Section 102 of the Older Americans Act of 1965 (42 U.S.C.
3002) is amended by adding at the end the following:
``(44) Mental health screening and treatment services.--The
term `mental health screening and treatment services' means
patient screening, diagnostic services, care planning and
oversight, therapeutic interventions, and referrals that
are--
``(A) provided pursuant to evidence-based intervention and
treatment protocols (to the extent such protocols are
available) for mental disorders prevalent in older
individuals (including, but not limited to, mood and anxiety
disorders, dementias of all kinds, psychotic disorders, and
substances and alcohol abuse), relying to the greatest extent
feasible on protocols that have been developed--
``(i) by or under the auspices of the Secretary; or
``(ii) by academicians with expertise in mental health and
aging; and
``(B) coordinated and integrated with the services of
social service, mental health, and health care providers in
an area in order to--
``(i) improve patient outcomes; and
``(ii) assure, to the maximum extent feasible, the
continuing independence of older individuals who are residing
in the area.''.
SEC. 102. OFFICE OF OLDER ADULT MENTAL HEALTH SERVICES.
Section 301(b) of the Older Americans Act of 1965 (42
U.S.C. 3021(b)) is amended by adding at the end the
following:
``(3) The Assistant Secretary shall establish within the
Administration an Office of Older Adult Mental Health
Services, which shall be responsible for the development and
implementation of initiatives to address the mental health
needs of older individuals.''.
SEC. 103. GRANTS TO STATES FOR THE DEVELOPMENT AND OPERATION
OF SYSTEMS FOR PROVIDING MENTAL HEALTH
SCREENING AND TREATMENT SERVICES TO OLDER
INDIVIDUALS LACKING ACCESS TO SUCH SERVICES.
Title III of the Older Americans Act of 1965 (42 U.S.C.
3021 et seq.) is amended--
(1) in section 303 (42 U.S.C. 3023), by adding at the end
the following:
``(f) There are authorized to be appropriated to carry out
part F (relating to grants for programs providing mental
health screening and treatment services) such sums as may be
necessary for fiscal year 2005 and each of the 5 succeeding
fiscal years.'';
(2) in section 304(a)(1) (42 U.S.C. 3024(a)(1)), by
inserting ``and subsection (f)'' after ``through (d)''; and
(3) by adding at the end the following:
``PART F--MENTAL HEALTH SCREENING AND TREATMENT SERVICES FOR OLDER
INDIVIDUALS
``SEC. 381. GRANTS TO STATES FOR PROGRAMS PROVIDING MENTAL
HEALTH SCREENING AND TREATMENT SERVICES FOR
OLDER INDIVIDUALS.
``(a) Program Authorized.--The Assistant Secretary shall
carry out a program for making grants to States under State
plans approved under section 307 for the development and
operation of--
``(1) systems for the delivery of mental health screening
and treatment services for older individuals who lack access
to such services; and
``(2) programs to--
``(A) increase public awareness regarding the benefits of
prevention and treatment of mental disorders; and
``(B) reduce the stigma associated with mental disorders
and other barriers to the diagnosis and treatment of the
disorders.
``(b) State Allocation and Priorities.--A State agency that
receives funds through a grant made under this section shall
allocate the funds to area agencies on aging to carry out
this part in planning and service areas in the State. In
allocating the funds, the State agency shall give priority to
planning and service areas in the State--
``(1) that are medically underserved; and
``(2) in which there are a large number of older
individuals.
``(c) Area Coordination of Services With Other Providers.--
In carrying out this part, to more efficiently and
effectively deliver services to older individuals, each area
agency on aging shall--
``(1) coordinate services described in subsection (a) with
other community agencies, and voluntary organizations,
providing similar or related services; and
``(2) to the greatest extent practicable, integrate
outreach and educational activities with existing (as of the
date of the integration) health care and social service
providers serving older individuals in the planning and
service area involved.
``(d) Relationship to Other Funding Sources.--Funds made
available under this part shall supplement, and not supplant,
any Federal, State, and local funds expended by a State or
unit of general purpose local government (including an area
agency on aging) to provide the services described in
subsection (a).''.
SEC. 104. DEMONSTRATION PROJECTS PROVIDING MENTAL HEALTH
SCREENING AND TREATMENT SERVICES TO OLDER
INDIVIDUALS LIVING IN RURAL AREAS.
The Older Americans Act of 1965 (42 U.S.C. 3001 et seq.) is
amended--
(1) by inserting before section 401 (42 U.S.C. 3031) the
following:
``TITLE IV--GRANTS FOR EDUCATION, TRAINING, AND RESEARCH'';
and
(2) in part A of title IV (42 U.S.C. 3032 et seq.), by
adding at the end the following:
``SEC. 422. DEMONSTRATION PROJECTS PROVIDING MENTAL HEALTH
SCREENING AND TREATMENT SERVICES TO OLDER
INDIVIDUALS LIVING IN RURAL AREAS.
``(a) Definition.--In this section, the term `rural area'
means--
``(1) any area that is outside a metropolitan statistical
area (as defined by the Director of the Office of Management
and Budget); or
``(2) such similar area as the Secretary specifies in a
regulation issued under section 1886(d)(2)(D) of the Social
Security Act (42 U.S.C. 1395ww(d)(2)(D)).
``(b) Authority.--The Assistant Secretary shall make grants
to eligible public agencies and nonprofit private
organizations to pay part or all of the cost of developing or
operating model health care service projects involving the
provision of mental health screening and treatment services
to older individuals residing in rural areas.
``(c) Duration.--Grants made under this section shall be
made for 3-year periods.
``(d) Application.--To be eligible to receive a grant under
this section, a public
[[Page S7439]]
agency or nonprofit private organization shall submit to the
Assistant Secretary an application containing such
information and assurances as the Secretary may require,
including--
``(1) information describing--
``(A) the geographic area and target population (including
the racial and ethnic composition of the target population)
to be served by the project; and
``(B) the nature and extent of the applicant's experience
in providing mental health screening and treatment services
of the type to be provided in the project;
``(2) assurances that the applicant will carry out the
project--
``(A) through a multidisciplinary team of licensed mental
health professionals;
``(B) using evidence-based intervention and treatment
protocols to the extent such protocols are available;
``(C) using telecommunications technologies as appropriate
and available; and
``(D) in coordination with other providers of health care
and social services (such as senior centers and adult day
care providers) serving the area; and
``(3) assurances that the applicant will conduct and submit
to the Assistant Secretary such evaluations and reports as
the Assistant Secretary may require.
``(e) Reports.--The Assistant Secretary shall prepare and
submit to the appropriate committees of Congress a report
that includes summaries of the evaluations and reports
required under subsection (d)(3).
``(f) Coordination.--The Assistant Secretary shall provide
for appropriate coordination of programs and activities
receiving funds pursuant to a grant under this section with
programs and activities receiving funds pursuant to grants
under sections 381 and 423, and sections 520K and 520L of the
Public Health Service Act.''.
SEC. 105. DEMONSTRATION PROJECTS PROVIDING MENTAL HEALTH
SCREENING AND TREATMENT SERVICES TO OLDER
INDIVIDUALS LIVING IN NATURALLY OCCURRING
RETIREMENT COMMUNITIES IN URBAN AREAS.
Part A of title IV of the Older Americans Act of 1965 (42
U.S.C. 3032 et seq.), as amended by section 104, is further
amended by adding at the end the following:
``SEC. 423. DEMONSTRATION PROJECTS PROVIDING MENTAL HEALTH
SCREENING AND TREATMENT SERVICES TO OLDER
INDIVIDUALS LIVING IN NATURALLY OCCURRING
RETIREMENT COMMUNITIES IN URBAN AREAS.
``(a) Definitions.--In this section:
``(1) Naturally occurring retirement community.--The term
`naturally occurring retirement community' means a
residential area (such as an apartment building, housing
complex or development, or neighborhood) not originally built
for older individuals but in which a substantial number of
individuals have aged in place (and become older individuals)
while residing in such area.
``(2) Urban area.--The term `urban area' means--
``(A) a metropolitan statistical area (as defined by the
Director of the Office of Management and Budget); or
``(B) such similar area as the Secretary specifies in a
regulation issued under section 1886(d)(2)(D) of the Social
Security Act (42 U.S.C. 1395ww(d)(2)(D)).
``(b) Authority.--The Assistant Secretary shall make grants
to eligible public agencies and nonprofit private
organizations to pay part or all of the cost of developing or
operating model health care service projects involving the
provision of mental health screening and treatment services
to older individuals residing in naturally occurring
retirement communities located in urban areas.
``(c) Duration.--Grants made under this section shall be
made for 3-year periods.
``(d) Application.--To be eligible to receive a grant under
this section, a public agency or nonprofit private
organization shall submit to the Assistant Secretary an
application containing such information and assurances as the
Secretary may require, including--
``(1) information describing--
``(A) the naturally occurring retirement community and
target population (including the racial and ethnic
composition of the target population) to be served by the
project; and
``(B) the nature and extent of the applicant's experience
in providing mental health screening and treatment services
of the type to be provided in the project;
``(2) assurances that the applicant will carry out the
project--
``(A) through a multidisciplinary team of licensed mental
health professionals;
``(B) using evidence-based intervention and treatment
protocols to the extent such protocols are available; and
``(C) in coordination with other providers of health care
and social services serving the retirement community; and
``(3) assurances that the applicant will conduct and submit
to the Assistant Secretary such evaluations and reports as
the Assistant Secretary may require.
``(e) Reports.--The Assistant Secretary shall prepare and
submit to the appropriate committees of Congress a report
that includes summaries of the evaluations and reports
required under subsection (d)(3).
``(f) Coordination.--The Assistant Secretary shall provide
for appropriate coordination of programs and activities
receiving funds pursuant to grants made under this section
with programs and activities receiving funds pursuant to
grants made under sections 381 and 422, and sections 520K and
520L of the Public Health Service Act.''.
TITLE II--PUBLIC HEALTH SERVICE ACT AMENDMENTS
SEC. 201. DEMONSTRATION PROJECTS TO SUPPORT INTEGRATION OF
MENTAL HEALTH SERVICES IN PRIMARY CARE
SETTINGS.
Subpart 3 of part B of title V of the Public Health Service
Act (42 U.S.C. 290bb-31 et seq.) is amended--
(1) in subsection (b) of section 520(b) (42 U.S.C. 290bb-
31(b))--
(A) by striking ``and'' at the end of paragraph (14);
(B) by striking the period at the end of paragraph (15) and
inserting in lieu thereof ``; and''; and
(C) by adding at the end the following:
``(16) conduct the demonstration projects specified in
section 520K.''.; and
(2) by adding at the end the following:
``SEC. 520K. PROJECTS TO DEMONSTRATE INTEGRATION OF MENTAL
HEALTH SERVICES IN PRIMARY CARE SETTINGS.
``(a) In General.--The Secretary, acting through the
Director of the Center for Mental Health Services, shall
award grants to public and private nonprofit entities for
projects to demonstrate ways of integrating mental health
services for older patients into primary care settings, such
as health centers receiving a grant under section 330 (or
determined by the Secretary to meet the requirements for
receiving such a grant), other Federally qualified health
centers, primary care clinics, and private practice sites.
``(b) Requirements.--In order to be eligible for a grant
under this section, the project to be carried out by the
entity shall provide for collaborative care within a primary
care setting, involving psychiatrists, psychologists, and
other licensed mental health professionals (such as social
workers and advanced practice nurses) with appropriate
training and experience in the treatment of older adults, in
which screening, assessment, and intervention services are
combined into an integrated service delivery model,
including--
``(1) screening services by a mental health professional
with at least a masters degree in an appropriate field of
training;
``(2) referrals for necessary prevention, intervention,
follow-up care, consultations, and care planning oversight
for mental health and other service needs, as indicated; and
``(3) adoption and implementation of evidence-based
protocols, to the extent available, for prevalent mental
health disorders, including depression, anxiety, behavioral
and psychological symptoms of dementia, psychosis, and misuse
of, or dependence on, alcohol or medication.
``(c) Considerations in Awarding Grants.--In awarding
grants under this section the Secretary, to the extent
feasible, shall ensure that--
``(1) projects are funded in a variety of geographic areas,
including urban and rural areas; and
``(2) a variety of populations, including racial and ethnic
minorities and low-income populations, are served by projects
funded under this section.
``(d) Duration.--A project may receive funding pursuant to
a grant under this section for a period of up to 3 years,
with an extension period of 2 additional years at the
discretion of the Secretary.
``(e) Application.--To be eligible to receive a grant under
this section, a public or private nonprofit entity shall--
``(1) submit an application to the Secretary (in such form,
containing such information, and at such time as the
Secretary may specify); and
``(2) agree to report to the Secretary standardized
clinical and behavioral data necessary to evaluate patient
outcomes and to facilitate evaluations across participating
projects.
``(f) Evaluation.--Not later than July 31 of each calendar
year, the Secretary shall submit to Congress a report
evaluating the projects receiving awards under this section
for such year.
``(g) Authorization of Appropriations.--There are
authorized to be appropriated such sums as may be necessary
to carry out this section for fiscal year 2005 and each
fiscal year thereafter.''.
SEC. 202. GRANTS FOR COMMUNITY-BASED MENTAL HEALTH TREATMENT
OUTREACH TEAMS.
Subpart 3 of part B of title V of the Public Health Service
Act (42 U.S.C. 290bb-31 et seq.), as amended by section 201,
is further amended by adding at the end the following:
``SEC. 520L. GRANTS FOR COMMUNITY-BASED MENTAL HEALTH
TREATMENT OUTREACH TEAMS.
``(a) In general.--The Secretary, acting through the
Director of the Center for Mental Health Services, shall
award grants to public or private nonprofit entities that are
community-based providers of geriatric mental health
services, to support the establishment and maintenance by
such entities of multi-disciplinary geriatric mental health
outreach teams in community settings where older adults
reside or receive social services. Entities eligible for such
grants include--
``(1) mental health service providers of a State or local
government;
``(2) outpatient programs of private, nonprofit hospitals;
``(3) community mental health centers meeting the criteria
specified in section 1913(c); and
[[Page S7440]]
``(4) other community-based providers of mental health
services.
``(b) Requirements.--To be eligible to receive a grant
under this section, an entity shall--
``(1) adopt and implement, for use by its mental health
outreach team, evidence-based intervention and treatment
protocols (to the extent such protocols are available) for
mental disorders prevalent in older individuals (including,
but not limited to, mood and anxiety disorders, dementias of
all kinds, psychotic disorders, and substance and alcohol
abuse), relying to the greatest extent feasible on protocols
that have been developed--
``(A) by or under the auspices of the Secretary; or
``(B) by academicians with expertise in mental health and
aging;
``(2) provide screening for mental disorders, diagnostic
services, referrals for treatment, and case management and
coordination through such teams; and
``(3) coordinate and integrate the services provided by
such team with the services of social service, mental health,
and medical providers at the site or sites where the team is
based in order to--
``(A) improve patient outcomes; and
``(B) to assure, to the maximum extent feasible, the
continuing independence of older adults who are residing in
the community.
``(c) Cooperative Arrangements With Sites Serving as Bases
for Outreach.--An entity receiving a grant under this section
may enter into an agreement with a person operating a site at
which a geriatric mental health outreach team of the entity
is based, including--
``(1) senior centers;
``(2) adult day care programs;
``(3) assisted living facilities; and
``(4) recipients of grants to provide services to senior
citizens under the Older Americans Act of 1965,
under which such person provides (and is reimbursed by the
entity, out of funds received under the grant, for) any
supportive services, such as transportation and
administrative support, that such person provides to an
outreach team of such entity.
``(d) Considerations in Awarding Grants.--In awarding
grants under this section the Secretary, to the extent
feasible, shall ensure that--
``(1) projects are funded in a variety of geographic areas,
including urban and rural areas; and
``(2) a variety of populations, including racial and ethnic
minorities and low-income populations, are served by projects
funded under this section.
``(e) Application.--To be eligible to receive a grant under
this section, an entity shall--
``(1) submit an application to the Secretary (in such form,
containing such information, at such time as the Secretary
may specify); and
``(2) agree to report to the Secretary standardized
clinical and behavioral data necessary to evaluate patient
outcomes and to facilitate evaluations across participating
projects.
``(f) Coordination.--The Secretary shall provide for
appropriate coordination of programs and activities receiving
funds pursuant to a grant under this section with programs
and activities receiving funds pursuant to grants under
section 520K and sections 381, 422, and 423 of the Older
Americans Act of 1965.
``(g) Evaluation.--Not later than July 31 of each calendar
year, the Secretary shall submit to Congress a report
evaluating the projects receiving awards under this section
for such year.
``(h) Authorization of Appropriations.--There are
authorized to be appropriated such sums as may be necessary
to carry out this section for fiscal year 2005 and each
fiscal year thereafter.''.
SEC. 203. DESIGNATION OF DEPUTY DIRECTOR FOR OLDER ADULT
MENTAL HEALTH SERVICES IN CENTER FOR MENTAL
HEALTH SERVICES.
Section 520 of the Public Health Service Act (42 U.S.C.
290bb-31) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
``(c) Deputy Director for Older Adult Mental Health
Services in Center for Mental Health Services.--The Director,
after consultation with the Administrator, shall designate a
Deputy Director for Older Adult Mental Health Services, who
shall be responsible for the development and implementation
of initiatives of the Center to address the mental health
needs of older adults. Such initiatives shall include--
``(1) research on prevention and identification of mental
disorders in the geriatric population;
``(2) innovative demonstration projects for the delivery of
community-based mental health services for older Americans;
``(3) support for the development and dissemination of
evidence-based practice models, including models to address
dependence on, and misuse of, alcohol and medication in older
adults; and
``(4) development of model training programs for mental
health professionals and care givers serving older adults.''.
SEC. 204. MEMBERSHIP OF ADVISORY COUNCIL FOR THE CENTER FOR
MENTAL HEALTH SERVICES.
Section 502(b)(3) of the Public Health service Act (42
U.S.C. 269aa-1(b)(3)) is amended by adding at the end the
following:
``(C) In the case of the advisory council for the Center
for Mental Health Services, the members appointed pursuant to
subparagraphs (A) and (B) shall include representatives of
older Americans, their families, and geriatric mental health
specialists.''.
SEC. 205. PROJECTS OF NATIONAL SIGNIFICANCE TARGETING
SUBSTANCE ABUSE IN OLDER ADULTS.
Section 509(b)(2) of the Public Health Service Act (42
U.S.C. 290bb-2(b)(2)) is amended by inserting before the
period the following: ``, and to providing treatment for
older adults with alcohol or substance abuse or addiction,
including medication misuse or dependence''.
SEC. 206 CRITERIA FOR STATE PLANS UNDER COMMUNITY MENTAL
HEALTH SERVICES BLOCK GRANTS.
(a) In General.--Section 1912(b)(4) of the Public Health
Service Act (42 U.S.C. 300x-1(b)(4)) is amended to read as
follows:
``(4) Targeted services to older individuals, individuals
who are homeless, and individuals living in rural areas.--The
plan describes the State's outreach to and services for older
individuals, individuals who are homeless, and individuals
living in rural areas, and how community-based services will
be provided to these individuals.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to State plans submitted on or after the date
that is 180 days after the date of enactment of this Act.
Ms. COLLINS. Mr. President, I am pleased to join with my colleague
from New York in introducing the Positive Aging Act, which will help to
increase older Americans' access to quality mental health screening and
treatment services in community-based care settings.
The legislation we are introducing today is particularly important
for States, like Maine, that have a disproportionate number of elderly
persons. Maine currently is our Nation's seventh ``oldest'' State.
Moreover, our older population will continue to grow in the future and,
by the year 2025, one in five Mainers will be over the age of 65.
One of the most daunting public health challenges facing our Nation
today is how to increase access to quality mental health services for
the more than 44 million Americans with severe, disabling mental
disorders that can devastate their lives and the lives of the people
around them.
What is often overlooked, however, is the prevalence of mental
illness among our Nation's elderly. Studies have shown that more than
one in five Americans aged 65 and older--including more than 32,000
Mainers--experience mental illness, and that as many as 80 percent of
elderly persons in nursing homes suffer from some kind of mental
impairment.
Particularly disturbing is that fact that the mental health needs of
older Americans are often overlooked or not recognized because of the
mistaken belief that they are a normal part of aging and therefore
cannot be treated.
While older Americans experience the full range of mental disorders,
the most prevalent mental illness afflicting older people is
depression. Ironically, while recent advances have made depression an
eminently treatable disorder, only a minority of elderly depressed
persons are receiving adequate treatment. Unfortunately, the vast
majority of depressed elderly don't seek help. Many simply accept their
feelings of profound sadness and do not realize that they are
clinically depressed.
Those who do seek help are often underdiagnosed or misdiagnosed,
leading the National Institute of Mental Health to estimate that 60
percent of older Americans with depression are not receiving the mental
health care that they need. Failure to treat this kind of disorder
leads to poorer health outcomes for other medical conditions, higher
rates of institutionalization, and increased health care costs.
Untreated depression can even lead to suicide. The sad fact is that
Americans over 65 are more likely to commit suicide than any other age
group. Among those over 85, the suicide rate is twice the national
average. What is particularly disturbing about these statistics is that
studies have shown that 40 percent of older people who commit suicide
have had a visit with their primary care provider within one week of
their death. Seventy percent of these elderly suicide victims had a
primary care visit within 30 days of their death.
Fortunately, important research is being done that is helping to
develop innovative approaches to improve the delivery of mental health
care for older
[[Page S7441]]
adults by integrating it into primary care settings. This research
demonstrates that older adults are more likely to receive appropriate
mental health care if there is a mental health professional on the
primary care team, rather than simply referring them to a mental health
specialist outside the primary care setting. Multiple appointments with
multiple providers in multiple settings simply don't work for older
patients who must also cope with concurrent chronic illnesses, mobility
problems, and limited transportation options. The research also shows
that there is less stigma associated with psychiatric services when
they are integrated into general medical care.
The Positive Aging Act builds upon this research and authorizes
funding for a range of projects that integrate mental health screening
and treatment services into community sites and primary health care
settings, including community health centers, senior centers, and
assisted living facilities. Moreover, the evidence-based services under
this legislation will be provided by interdisciplinary teams of mental
health professionals working in collaboration with other providers of
health and social services.
Among other provisions, our legislation authorizes the creation of an
Office of Older Adult Mental Health Services in the Administration on
Aging to develop and implement initiatives to address the mental health
needs of older adults. In addition, the Administration on Aging would
be authorized to provide grants to States for the development and
testing of model mental health delivery systems for the diagnosis and
treatment of mental illness and the elderly. It would also be
authorized to award demonstration grants to projects targeted to
providing screening and mental health services for seniors residing in
rural areas, as well as grants to encourage the collaboration between
mental health and other health and social services providers in
providing screening and treatment services.
The legislation also authorizes the Substance Abuse and Mental Health
Services Administration (SAMHSA) to award demonstration grants which
would support the integration of evidence-based mental health services
by geriatric mental health specialists into primary care settings and
support the establishment of community-based mental health treatment
outreach teams in settings where older adults reside or receive social
services.
The Positive Aging Act will help to promote the mental health and
well-being of our older citizens. It is an investment that will return
tremendous dividends in terms of improved quality of life, better
patient outcomes, and more efficient use of health care dollars. The
legislation has been endorsed by the American Association for Geriatric
Psychiatry, the National Council on Aging, the American Nurses
Association, the American Psychological Association, the American
Psychiatric Association and the National Association of Social Workers,
and I urge all of our colleagues to join us as cosponsors.
______
By Ms. MIKULSKI (for herself and Mr. Sarbanes):
S. 2574. A bill to provide for the establishment of the National
Institutes of Health, Police, and for other purposes; to the Committee
on Health, Education, Labor, and Pensions.
Ms. MIKULSKI. Mr. President, I rise today to introduce the NIH
Security Act. The National Institutes of Health (NIH) is one of
America's most successful investments. NIH saves lives and helps
Americans to live longer and live better. Research funded by NIH has
made breakthroughs on many different fronts, from cutting edge
bioterrorism research to mapping the human genome. Much of the research
depends on experts working with hazardous chemicals or biological
substances. We must make sure NIH is safe and secure--both to protect
important research that may save future lives, and to make sure
hazardous materials don't fall into the wrong hands.
The main NIH campus and its satellite facilities contain
approximately 3,000 research laboratories--2,500 of which are approved
for the use of radioisotopes. NIH has 21 high-containment laboratories
and two high-containment animal facilities. And NIH is constructing
additional high-containment laboratories in order to tackle the
challenging issue of defending the country against bioterrorism.
We count on the NIH Police to protect this national treasure. Yet NIH
Police officers are overworked and underpaid. Security at NIH
facilities may be at risk because NIH is having trouble recruiting and
retraining qualified police officers, and because the Police Department
is not authorized to protect all of NIH's facilities.
That's why I am introducing this bill to improve security at NIH by
giving the NIH Police the authority they need to do their job and the
pay and benefits they deserve for a job well done. This legislation
does three things. It establishes a permanent police force at NIH. It
expands their jurisdiction to cover all of NIH's campuses. And it gives
NIH Police officers the same pay and retirement benefits that other
Federal law enforcement officers have.
Historically, NIH Police salaries have been among the lowest for law
enforcement officers in the Washington-Metropolitan area. From 1998-
2002, the NIH Police had a 70 percent attrition rate. Most officers
left for positions in other Federal and local law enforcement agencies
that offered better pay and benefits. The constant turnover is having a
devastating effect on morale, and it's costing taxpayers hundreds of
thousands of dollars in overtime pay and lost training costs. That's
because NIH invests in specialized training to make sure their officers
are prepared to respond to potential biological, chemical, and nuclear
disasters. But other agencies are able to lure these officers away.
After spending the money to give their officers the training they need,
NIH isn't able to give them the pay and benefits they deserve. My bill
will ensure that NIH Police officers are getting the same pay and
retirement benefits as other Federal law enforcement officers.
My bill also gives NIH Police officers the authority to carry
firearms, serve warrants and conduct investigations on all properties
under the custody and control of the NIH. Currently, the NIH Police's
jurisdiction is limited to the main campus in Bethesda, leaving
thousands of employees and numerous laboratories without their
protection. NIH currently employs unarmed security guards at its
satellite facilities in Maryland and across the country. These security
guards do the best they can, but they don't have the authority to
enforce laws, and they aren't as highly trained as the NIH Police.
NIH is serious about security. Dr. Zerhouni, the Director of NIH,
fully recognizes the need for a highly quality police force to protect
NIH and the surrounding community, and fully supports this legislation.
Let's give the NIH Police the resources they need to make sure NIH is
safe and secure. This is an important issue that must be addressed. I
urge my colleagues to pass this important bill quickly, and I ask
unanimous consent that the full text of the bill be printed in the
Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 2574
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 ``NIH Security Act''.
SEC. 2. NATIONAL INSTITUTES OF HEALTH POLICE.
(a) Establishment.--The Director of the National Institutes
of Health (in this section referred to as the ``Director of
NIH'') shall establish a permanent police force, to be known
as the National Institutes of Health Police (in this section
referred to as the ``NIH Police''), for the purpose of
performing law enforcement, security, and investigative
functions for property under the jurisdiction, custody, and
control of, or occupied by, the National Institutes of
Health.
(b) Appointment of Officers.--
(1) In general.--The Director of NIH shall appoint a Chief,
a Deputy Chief, and such other officers as may be necessary
to carry out the purpose of the NIH Police.
(2) Officers above maximum age.--The Director of NIH may
appoint officers of the NIH Police without regard to standard
maximum limits of age prescribed under section 3307 of title
5, United States Code. Officers appointed under this
paragraph--
(A) may include the Chief and Deputy Chief of the NIH
Police;
(B) shall have the same authorities and powers as other
officers of the NIH Police;
(C) shall receive the same pay and benefits as other
officers of the NIH Police; and
(D) shall not be treated as law enforcement officers for
purposes of retirement benefits.
(c) Powers.--Each officer of the NIH Police may--
[[Page S7442]]
(1) carry firearms, serve warrants and subpoenas issued
under the authority of the United States, and make arrests
without warrant for any offense against the United States
committed in the officer's presence, or for any felony
cognizable under the laws of the United States, if the
officer has reasonable grounds to believe that the person to
be arrested has committed or is committing such a felony;
(2) conduct investigations within the United States and its
territories for offenses that have been or may be committed
on property described in paragraph (1) or (2) of subsection
(d); and
(3) protect in any area of the United States or its
territories the Director of NIH and other officials, as
authorized by the Director of NIH.
(d) Jurisdiction.--Officers of the NIH Police may exercise
their powers--
(1) on all properties under the custody and control of the
National Institutes of Health;
(2) on other properties occupied by the National Institutes
of Health, as determined by the Director of NIH; and
(3) as authorized under paragraphs (2) and (3) of
subsection (c).
(e) Pay, Benefits, Retirement.--
(1) In general.--Subject to subsection (b)(2)(D) and
paragraph (2)(A), all officers of the NIH Police appointed
under subsection (b) are--
(A) law enforcement officers as that term is used in title
5, United States Code, without regard to any eligibility
requirements prescribed by law; and
(B) eligible for all pay and benefits prescribed by law for
such law enforcement officers.
(2) Pay; ranks.--
(A) Pay.--The officers of the NIH Police shall receive the
same pay and benefits, as determined by the Director of NIH,
as officers who hold comparable positions in the United
States Park Police. For purposes of this subparagraph, the
Chief of the NIH Police is deemed comparable to the Assistant
Chief in the United States Park Police, and the Deputy Chief
of the NIH Police is deemed comparable to the Deputy Chief in
the United States Park Police.
(B) Rank.--The Chief and Deputy Chief of the NIH Police
shall have ranks not lower than a colonel and a lieutenant
colonel, respectively. Other ranks and equivalences shall be
determined by the Director of NIH or the Director's designee.
______
By Mrs. BOXER (for herself and Mr. Smith):
S. 2575. A bill to direct the Secretary of Agriculture to conduct
research, monitoring, management, treatment, and outreach activities
relating to sudden oak death syndrome and to convene regular meetings
of, or conduct regular consultations with, Federal, State, tribal and
local government officials to provide recommendations on how to carry
out those activities; to the Committee on Agriculture, Nutrition, and
Forestry.
Mrs. BOXER. Mr. President, I am introducing today with my colleague,
Senator Gordon Smith, a bill that addresses an ecological crisis in
California and Oregon that quite literally threatens to change the face
of our States, as well as others. The beloved oak trees are in grave
peril. Thousands of black oak, coastal live oak, tan and Shreve's oak
trees--among the most familiar and best loved features of California's
landscape--are dying from a disease known as Sudden Oak Death Syndrome
(SODS).
Caused by an exotic species of the Phytophthora fungus--the fungus
responsible for the Irish potato famine--SODS first struck a small
number of tan oaks in Marin County in 1995. Now the disease has spread
to other oak species from Big Sur in the south to Humboldt County in
the north. The loss of trees is approaching epidemic proportions, with
tens of thousands of dead trees appearing in thousands of acres of
forests, parks, and gardens. As the trees die, enormous expanses of
forest, some adjacent to residential areas, are subject to extreme fire
hazards. Dead oak trees near homes significantly increase fire hazards,
so residents who built their homes around or among oak trees are in
particular danger.
Yet, the spread of the fungus-like pathogen that causes SODS is not
limited to oak trees. It has also been found on rhododendron plants in
California nurseries, bay trees, wild huckleberry plants and other
nursery stock and small fruit trees. Due to genetic similaries, this
pathogen potentially endangers Red and Pin oak trees on the East Coast,
as well as the Northeast's lucrative commercial blueberry and cranberry
industries.
SODS has already had serious economic and environmental impacts.
After the initial discovery of the Sudden Oak Death, the U.S.
Department of Agriculture (USDA) imposed a quarantine on oak products
and some nursery stock in 10 counties in Northern California and Curry
County, Oregon. Subsequently, two other counties in Northern California
were also put under quarantine. The discovery of the pathogen that
causes SODS in two Southern California nurseries in March 2004 led the
USDA to impose restrictions on the interstate movement of host and
potential host plants--as well as plants within 10 meters of these
plants--from all nurseries in California. To date, 17 States and Canada
have placed their own restrictions on the importation of California's
nursery stock, and some States have banned plants from California
altogether.
If left unchecked, SODS could cause major damage to our commercial
nurseries, as well the health, productivity and biodiversity of our
forests. California is the nursery industry's lead producer of
horticultural plants, valued at $2 billion a year. The State's oak
woodlands provide shelter, habitat, and food to over 300 wildlife
species. They also reduce soil erosion and help moderate extremes in
temperature. Not only does SODS put all these benefits at risk, but
dead and infected trees from this disease increase the threat of
wildfire, threatening our communities.
More needs to be known about the pathogen that causes SODS.
Scientists are struggling to better understand SODS, how the disease is
transmitted, and what the best treatment options might be. In 2000, the
U.S. Forest Service, the University of California, the State
Departments of Forestry and Fire Protection, and County Agricultural
Commissioners created an Oak Mortality Task Force to help coordinate
research, management, monitoring, education, and public policies aimed
at addressing SODS. Although we have learned a great deal about SODS
since the, adequate Federal support is needed if we are to stop the
spread of this disease before it is too late.
That is why I am introducing the Sudden Oak Death Syndrome Control
Act of 2004, which is based on legislation I introduced in 2001 and
which passed the Senate in 2002. The Sudden Oak Death Syndrome Control
Act of 2004 would authorize $44.2 million annually over the next five
years for creation of a Sudden Oak Death research and monitoring
program, management and treatment activities, fire prevention
activities, and education and outreach. The bill would also provide
funding for a comprehensive national survey of the fungus-like pathogen
that causes SODS and a risk assessment of the threat posed by this
pathogen to natural and managed plant resources. Combined with the
efforts of state and local officials, this legislation will help to
prevent the dire predictions from becoming a terrible reality.
This bill is endorsed by the American Nursery & Landscape
Association, the California Association of Nurseries and Garden
Centers, the Nursery Growers Association of California, the state,
local and private members of the California Oak Mortality Task Force,
and the Marin County Board of Supervisors.
I thank Senator Smith for working with me on this bill and for
joining me in introducing it. I urge my colleagues to join us in this
effort to help ensure the protection of our nation's commercial nursery
industry and precious woodlands.
I ask unanimous consent that letters from these organizations be
printed in the Record.
There being no objection, the letters were ordered to be printed in
the Record, as follows:
American Nursery & Landscape
Association,
Washington, DC, June 23, 2004.
Hon. Gordon Smith,
Hon. Barbara Boxer,
U.S. Senate,
Washington, DC.
Dear Senators Boxer and Smith: The American Nursery &
Landscape Association is the national trade organization
representing nursery growers, landscape professionals, and
retail garden centers in the U.S. On behalf of our industry
of small and family businesses, we wish to thank you for your
work to prepare and introduce legislation to address the
current and expected challenges associated with the serious
plant pathogen Phytophthora ramorum.
As you well know, the potential risks posed by P. ramorum
to American forests, landscape, nurseries, and other
agricultural producers necessitate strong federal leadership
in such areas as survey and detection, risk mitigation, and
research. Your legislative efforts will help to ensure the
focus and
[[Page S7443]]
funding necessary for a cohesive federal and state
cooperative response.
We would like to commend the performance of your staff
contacts, Laura Cimo and Matt Hill. Both have been
professional, accessible, and open to suggestions toward
improving the legislative language in preparation for its
introduction.
ANLA is pleased to support your impending legislation, as a
critical step toward solving the P. ramorum crisis. Please
let us know how ANLA can be of further assistance.
Sincerely,
Craig J. Regelbrugge,
Senior Director of Government Relations.
____
California Association of
Nurseries and Garden Centers,
Sacramento, CA 95834.
Re Sudden Oak Death Syndrome Control Act of 2004.
Hon. Barbara Boxer,
U.S. Senate,
Washington, DC.
Dear Senator Boxer: We thank you for all of your efforts on
the issue of Sudden Oak Death and especially your
legislation, the Sudden Oak Death Syndrome Control Act of
2004, which we strongly endorse and support.
As you well know, many states closed their borders to all
nursery plants in California after Sudden Oak Death was
discovered in a southern California nursery. These blockades
have included all plants, even those without the ability to
transmit the pathogen, and they have included nurseries that
the U.S. Department of agriculture has certified are free of
Sudden Oak Death.
Quite clearly, there is much that needs to be learned about
Sudden Oak Death so that regulations are based on risk and
not on fear. Your much-needed legislation will improve both
the research into the pathogen, its role relating to Sudden
Oak Death, and the management and treatment of the disease.
Significantly, your legislation will compel a ``comprehensive
and biologically sound national survey.'' Only by such a
rigorous survey can policymakers understand the risk posed by
the pathogen. After all, states that have barred California
nursery plants may already harbor Sudden Oak Death but
without a national survey they have every incentive to avoid
even looking for the pathogen.
Again, thank you for drafting this important legislation.
Very truly yours,
Robert H. Falconer,
Executive Vice President.
____
California Oak Mortality
Task Force,
Sacramento, CA, June 24, 20004.
Re Sudden Oak Death Syndrome Control Act of 2004.
Hon. Barbara Boxer,
U.S. Senate,
Washington, DC.
Dear Senator Boxer: The California Oak Mortality Task Force
applauds your efforts to secure federal funding for research,
monitoring, regulations, management and educational
activities necessitated by Sudden Oak Death (Phytophthora
ramorum). Resources are urgently needed to address this
aggressive exotic pathogen in California and Oregon and
protect other parts of the United States and other countries
from becoming infested.
The California Oak Mortality Task Force represents over 75
organizations cooperating to limit the spread of the pathogen
that causes Sudden Oak Death, a disease that has killed tens
of thousands of tanoak, coast live oak, and black oak in
coastal California. The pathogen also infects rhododendron,
camellia and huckleberry, important nursery and agricultural
plants.
There is much that urgently needs to be done to prevent
further damage and protect commerce and natural resources.
Some of the highest priorities:
Research to understand how the pathogen spreads, assess the
potential for ecological, horticultural and agricultural
damage, and improve diagnostic tools and treatments
Regulation enforcement to limit pathogen spread via
commodities
Management that includes eradication protocols for new
areas, fire prevention treatments for high risk areas, and
diagnostic services
Monitoring/surveys to determine extent of damage,
distribution and spread
Educatioal programs for professionals, land managers and
homeowners to recognize the problem and determine what can be
done about it, including Information and explanation of
quarantine measures.
The state, local, and private members of the task force
support your efforts to address Sudden Oak Death and protect
the oak woodlands of the United States. Please contact Lucia
Briggs, Coordinator of the CA Oak Mortality Task Force
([email protected]) if we can assist you.
Sincerely,
Mark R. Stanley,
Chairperson, California Oak
Mortality Task Force.
____
The Board of Supervisors
of Marin County,
San Rafael, CA, June 16, 2004.
Re ``Sudden Oak Death Syndrome Control Act of 2004''--
SUPPORT.
Hon. Barbara Boxer,
Hart Senate Office Building,
Washington, DC.
Dear Senator Boxer: As President of the Marin County
California Board of Supervisors, I write to indicate our
strong support of your efforts with regard to the ``Sudden
Oak Death Syndrome Control Act of 2004,'' which would
authorize $44.2 million for FY2005 through FY2009, as
compared to the $14.25 million already authorized for FY2003
through FY2007.
The legislation addresses the ever expanding need for
resources for local, state and federal agencies to deal with
the economic, environmental and policy impacts created by the
infestation of this devastating plant disease. Marin County
has lost tens of thousands of trees and has been at the
center of this problem for several years as one of the
original 12 California Counties placed under state and
federal quarantine.
The recent documentation of Sudden Oak Death (SOD)
infestation in commercial nurseries in Southern California
has elevated the problem. The transmission of the disease
across state lines, carried on nursery stock, to a number of
states in the southern and eastern United States has
triggered multiple state SOD quarantines against California
and created enforcement and communication problems
nationwide.
Funding increases proposed in the bill would provide much
needed improvements in communication and intergovernmental
coordination between USDA, APHIS, State Plant Quarantine
Officials, California Agricultural Commissioners and Nursery
Sock Producers. It would fund a national risk assessment to
determine the possible biological and economic impacts of the
disease. The bill would also address the need to strengthen
domestic quarantine inspections to determine if the disease
may be moving into the United States on nursery stock
originating from Europe.
The Marin County Board of Supervisors strongly supports
your proposed ``Sudden Oak Death Syndrome Control Act of
2004'' and thank you for your continued support in dealing
with this critical issue.
Sincerely,
Steve Kinsey,
President.
______
By Mr. FEINGOLD:
S. 2576. A bill to establish an expedited procedure for congressional
consideration of health care reform legislation; to the Committee on
Rules and Administration.
Mr. FEINGOLD. Mr. President, today I introduce the Health Care Reform
Expedited Procedures Act of 2004, legislation that requires Congress to
act on what may be the most pressing domestic policy issue of our time,
namely health care reform.
I travel to each of Wisconsin's 72 counties every year to hold town
hall meetings. Year after year, the number one issue raised at these
Listening Sessions is the same--health care. The failure of our health
care system brings people to these meetings in droves. The frustration
I hear, the anger and the desperation, have convinced me that we must
change the system.
So many people now come to tell me that they used to think government
involvement was a terrible idea, but not anymore. Now they tell me that
their businesses are being destroyed by health care costs, and they
want the government to step in. These costs are crippling our economy
just as the Nation is struggling to rebound from the loss of millions
of manufacturing jobs.
Our health care system has failed to keep costs in check. Costs are
skyrocketing, and there is simply no way we can expect businesses to
keep up. So in all too many cases, employers are left to offer sub-par
benefits, or to wonder whether they can offer any benefits at all.
Employers cannot be the sole provider of health care when these costs
are rising faster than inflation.
One option that could help employers, especially small businesses,
reduce their health care costs is to have them form health care
cooperatives, where employers lower costs by purchasing care as a
group. I have introduced a bill in the Senate to make it easier for
business to create these cooperatives.
But this legislation certainly isn't the magic bullet that can
address the whole problem. We need to come up with more comprehensive
ways to address rising costs. In most cases, costs are still passed on
to employees, who then face enormous premiums that demand more and more
of their monthly income. People tell me that they don't understand how
anyone can afford these astronomical premiums, and what can you say to
that?
We can say that it's time to move toward universal coverage. I
believe we can find a way to make universal coverage work in this
country. Universal coverage doesn't mean that we have to copy a system
already in place in another country. We can harness our Nation's
creativity and entrepreneurial
[[Page S7444]]
spirit to design a system that is uniquely American. Universal coverage
doesn't have to be defined by what's been attempted in the past. What
universal coverage does mean is ending a system where nearly 44 million
Americans are uninsured, and where those who are insured are struggling
to pay their premiums, struggling to pay for prescription drugs, and
struggling to find long term care.
We can't tolerate a system that strands so many Americans without the
coverage they need. This system costs us dearly: Even though almost 44
million Americans are uninsured, the United States devotes more of its
economy to health care than other industrial countries.
Leaving this many Americans uninsured affects all of us. Those who
are insured pay more because the uninsured can't afford to pay their
bills. And those bills are exceptionally high, because the uninsured
wait so long to see a doctor. The uninsured often live sicker, and die
earlier, than other Americans, so they also need a disproportionate
amount of acute care.
In 2001 alone, health care providers provided $35 billion worth of
uncompensated care. While providers absorb some of those costs,
inevitably some of the burden is shifted to other patients. And of
course the process of cost-shifting itself generates additional costs.
We are all paying the price for our broken health care system, and it
is time to bring about change.
Over the years I have heard many different proposals for how we
should change the health care system in this country. Some propose
using tax incentives as a way to expand access to health care. Others
think the best approach is to expand public programs. Some feel a
national single payer health care system is the only way to go.
I don't think we can ignore any of these proposals. We need to
consider all of these as we address our broken health care system.
As a former State legislator, I come to this debate knowing that
States are coming up with some very innovative solutions to the health
care problem. So in addition to the approaches already mentioned, I
think we really need to look at what our States are doing, and add to
the menu of possibilities an approach under which each State decides
the best way to cover its residents.
I favor an American-style health care reform, where we encourage
creative solutions to the health care problems facing our country,
without using a one-size-fits-all approach. I believe that States have
a better idea about what the health care needs of their residents are,
and that they understand what types of reform will work best for their
state. So I am in favor of a state-based universal health care system,
where States, with the Federal Government's help, come up with a plan
to make sure that all of their residents have health care coverage.
This approach would achieve universal health care, without the
Federal Government dictating to all of the states exactly how to do it.
The federal government would provide states with the financial help,
technical assistance and oversight necessary to accomplish this goal.
In return, a State would have to make sure that every resident has
coverage at least as good as that offered in the Federal Employee
Health Benefits Program, FEHBP--in other words, at least as good as the
health insurance members of Congress have.
States would have the flexibility to expand coverage in phases, and
would be offered a number of Federal ``tools'' to choose from in order
to help them achieve universal coverage. States could use any number of
these tools, or none of them, instead opting for a Federal contribution
for a state-based ``single-payer'' system. In addition to designing and
implementing a plan to achieve universal care, states would also be
required to provide partial funding of these plans. The Federal
Government would approve each State plan, and would conduct oversight
of the implementation of these plans.
Federal tools that States could choose from to help expand health
coverage could include an enhanced Medicaid and SCHIP federal match for
expanding coverage to currently uninsured individuals; refundable and
advanceable tax credits for the purchase of health insurance for
individuals and/or businesses; the establishment of a community-rated
health pool, similar to FEHBP, to provide affordable health coverage
and expanded choices for those who enroll; and assistance with
catastrophic care costs.
States could be creative in the state resources they use to expand
health care coverage. For example, a state could use personal and/or
employer mandates for coverage, use state tax incentives, create a
single-payer system or even join with neighboring states to offer a
regional health care plan.
The approach I have set forth would guarantee universal health care,
but still leave room for the flexibility and creativity that I believe
is necessary to ensure that everyone has access to affordable, quality
health care.
As I have noted, there have been a number of interesting proposals to
move us to universal health care coverage. While I will be advocating
the state-based approach that I have just outlined, others have
proposed alternative approaches that certainly merit consideration and
debate.
And this brings us to the legislation I am introducing today,
because, the reason we haven't reformed our health care system isn't
because of a lack of good ideas. The problem is that Congress and the
White House refuse to take this issue up. Despite the outcry from
businesses, from health care providers, and from the millions who are
uninsured, Washington refuses to address the problem in a comprehensive
way.
That is why I am introducing this bill. My legislation will force
Congress to finally address this issue. It requires the Majority and
Minority Leaders of the Senate, as well as the Chairs of the Health,
Education, Labor, and Pensions Committee and the Finance Committee, to
each introduce a health care reform bill in the first 30 days of the
next Congress. If a committee chair fails to introduce a bill within
the first month, then the ranking minority party member of the
respective committee may introduce a measure that qualifies for the
expedited treatment outlined in my bill.
The measures introduced by the Majority Leader and Minority Leader
will be placed directly on the Senate Calendar. The measures introduced
by the two committee chairs, or ranking minority members, will be
referred to their respective committees.
The committees have 60 calendar days not including recesses of 3 days
or more to review the legislation. At the end of that time, if either
committee fails to report a measure, the bills will be placed directly
on the legislative calendar.
If the Majority Leader fails to move to one of the bills, any Member
may move to proceed to any qualifying health care reform measure. The
motion is not debatable or amendable. If the motion to proceed is
adopted, the chamber will immediately proceed to the consideration of a
measure without intervening motion, order, or other business, and the
measure remains the unfinished business of the Senate until the body
disposes of the bill.
Similar procedures are established for House consideration.
I want to emphasize, my bill does not prejudge what particular health
care reform measure should be debated. There are many worthy proposals
that would qualify for consideration, and this bill does not dictate
which proposal, or combination of proposals, should be considered.
But what my bill does do is to require Congress to act.
It has been 10 years since the last serious debate over health care
reform was killed by special interests and the soft money contributions
they used to corrupt the legislative process. The legislative landscape
is now much different. Soft money can no longer be used to set the
agenda, and businesses and workers are crying out as never before for
Congress to do something about the country's health care crisis.
It has been 10 years since we've had any debate on comprehensive
health care reform. We cannot afford any further delay. I urge my
colleagues to support the Health Care Reform Expedited Procedures Act
of 2004.
Mr. President, I ask unanimous consent that the text of the
legislation be printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
[[Page S7445]]
S. 2576
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 ``Health Care Reform Expedited
Procedures Act of 2004''.
SEC. 2. SENATE CONSIDERATION OF HEALTH CARE REFORM
LEGISLATION.
(a) Introduction.--
(1) In general.--Not later than 30 calendar-days after the
commencement of the first session of a Congress, the chair of
the Senate Committee on Health, Education, Labor, and
Pensions, the Chair of the Senate Committee on Finance, the
Majority Leader of the Senate, and the Minority Leader of the
Senate shall each introduce a bill to provide universal
health care coverage for the people of the United States.
(2) Minority party.--These bills may be introduced by
request and only 1 qualified bill may be introduced by each
individual referred to in paragraph (1) within a Congress. If
either committee chair fails to introduce the bill within the
30-day period, the ranking minority party member of the
respective committee may instead introduce a bill that will
qualify for the expedited procedure provided in this section.
(3) Qualified bill.--
(A) In general.--In order to qualify as a qualified bill--
(i) the title of the bill shall be ``To reform the system
of the United States and to provide insurance coverage for
all Americans.''; and
(ii) the bill shall reach the goal of providing health care
coverage to 95 percent of Americans within 10 years.
(B) Determination.--Whether or not a bill meets the
criteria in subparagraph (A) shall be determined by the Chair
of the Senate Budget Committee, relying on estimates of the
Congressional Budget Office, subject to the final approval of
the Senate.
(b) Referral.--
(1) Committee bills.--Upon introduction, the bill authored
by the Chair of the Senate Committee on Finance shall be
referred to that Committee and the bill introduced by the
Chair of the Senate Committee on Health, Education, Labor,
and Pensions shall be referred to that committee. If either
committee has not reported the bill referred to it (or
another qualified bill) by the end of a 60 calendar-day
period beginning on the date of referral, the committee is,
as of that date, automatically discharged from further
consideration of the bill, and the bill is placed directly on
the chamber's legislative calendar. In calculating the 60-day
period, adjournments for more than 3 days are not counted.
(2) Leader bills.--The bills introduced by the Senate
Majority Leader and the Senate Minority Leader shall, on
introduction, be placed directly on the Senate Calendar of
Business.
(c) Motion To Proceed.--
(1) In general.--On or after the third day following the
committee report or discharge or upon a bill being placed on
the calendar under subsection (b)(2), it shall be in order
for any Member, after consultation with the Majority Leader,
to move to proceed to the consideration of any qualified
bill. Notice shall first be given before proceeding. This
motion to proceed to the consideration of a bill can be
offered by a Member only on the day after the calendar day on
which the Member announces his or her intention to offer it.
(2) Consideration.--The motion to proceed to a given
qualified bill can be made even if a motion to the same
effect has previously been rejected. No more than 3 such
motions may be made, however, in any 1 congressional session.
(3) Privileged and nondebatable.--The motion to proceed is
privileged, and all points of order against the motion to
proceed to consideration and its consideration are waived.
The motion is not debatable, is not amendable, and is not
subject to a motion to postpone.
(4) No other business or reconsideration.--The motion is
not subject to a motion to proceed to the consideration of
other business. A motion to reconsider the vote by which the
motion to proceed is agreed to or disagreed to is not in
order.
(d) Consideration of Qualified Bill.--
(1) In general.--If the motion to proceed is adopted, the
chamber shall immediately proceed to the consideration of a
qualified bill without intervening motion, order, or other
business, and the bill remains the unfinished business of the
Senate until disposed of. A motion to limit debate is in
order and is not debatable.
(2) Only business.--The qualified bill is not subject to a
motion to postpone or a motion to proceed to the
consideration of other business before the bill is disposed
of.
(3) Relevant amendments.--Only relevant amendments may be
offered to the bill.
SEC. 3. HOUSE CONSIDERATION OF HEALTH CARE REFORM
LEGISLATION.
(a) Introduction.--
(1) In general.--Not later than 30 calendar days after the
commencement of the first session of a Congress, the chair of
the House Committee on Energy and Commerce, the chair of the
House Committee on Ways and Means, the Majority Leader of the
House, and the Minority Leader of the House shall each
introduce a bill to provide universal health care coverage
for the people of the United States.
(2) Minority party.--These bills may be introduced by
request and only 1 qualified bill may be introduced by each
individual referred to in paragraph (1) within a Congress. If
either committee chair fails to introduce the bill within the
30-day period, the ranking minority party member of the
respective committee may, within the following 30 days,
instead introduce a bill that will qualify for the expedited
procedure provided in this section.
(3) Qualified bill.--
(A) In general.--To qualify for the expedited procedure
under this section as a qualified bill, the bill shall reach
the goal of providing healthcare coverage to 95 percent of
Americans within 10 years.
(B) Determination.--Whether or not a bill meets the
criteria in subparagraph (A) shall be determined by the
Speaker's ruling on a point of order based on a Congressional
Budget Office estimate of the bill.
(b) Referral.--
(1) Committee bills.--Upon introduction, the bill authored
by the Chair of the House Committee on Energy and Commerce
will be referred to that committee and the bill introduced by
the Chair of the House Committee on Ways and Means shall be
referred to that committee. If either committee has not
reported the bill referred to it (or another qualified bill)
by the end of 60 days of consideration beginning on the date
of referral, the committee shall be automatically discharged
from further consideration of the bill, and the bill shall be
placed directly on the Calendar of the Whole House on the
State of the Union. In calculating the 60-day period,
adjournments for more than 3 days are not counted.
(2) Leader bills.--The bills introduced by the House
Majority Leader and House Minority Leader will, on
introduction, be placed directly on the Calendar of the Whole
House on the State of the Union.
(c) Motion To Proceed.--
(1) In general.--On or after the third day following the
committee report or discharge or upon a bill being placed on
the calendar under subsection (b)(2), it shall be in order
for any Member, after consultation with the Majority Leader,
to move to proceed to the consideration of any qualified
bill. Notice must first be given before proceeding. This
motion to proceed to the consideration of a bill can be
offered by a Member only on the day after the calendar day on
which the Member announces his or her intention to offer it.
(2) Consideration.--The motion to proceed to a given
qualified bill can be made even if a motion to the same
effect has previously been rejected. No more than 3 such
motions may be made, however, in any 1 congressional session.
(3) Privileged and nondebatable.--The motion to proceed is
privileged, and all points of order against the motion to
proceed to consideration and its consideration are waived.
The motion is not debatable, is not amendable, and is not
subject to a motion to postpone.
(4) No other business or reconsideration.--The motion is
not subject to a motion to proceed to the consideration of
other business. A motion to reconsider the vote by which the
motion to proceed is agreed to or disagreed to is not in
order.
(d) Consideration of a Qualified Bill.--
(1) In general.--If the motion to proceed is adopted, the
chamber will immediately proceed to the consideration of a
qualified bill without intervening motion, order, or other
business, and the bill remains the unfinished business of the
House until disposed of.
(2) Committee of the whole.--The bill will be considered in
the Committee of the Whole under the 5-minute rule, and the
bill shall be considered as read and open for amendment at
any time.
(3) Limit debate.--A motion to further limit debate is in
order and is not debatable.
(4) Relevant amendments.--Only relevant amendments may be
offered to the bill.
______
By Ms. STABENOW (for herself and Mrs. Hutchison):
S. 2587. A bill to amend title XVIII of the Social Security Act to
adjust the amount of payment under the physician fee scheduled for drug
administration services furnished to medicare beneficiaries; to the
Committee on Finance.
Ms. STABENOW. Mr. President, I rise today to introduce the Ensuring
Quality and Access to Cancer Care Act of 2004. I want to thank my
colleague, Senator Hutchison, for working with me on this critical
issue. Regardless of how we feel about the new Medicare law, I believe
we all agree that there are legitimate concerns about changes in cancer
care reimbursement. Critical services that help patients and their
families may be in jeopardy because Medicare reimbursement is scheduled
to be drastically cut in 2005.
I believe that these changes will be disruptive to patients' care. It
is especially urgent in Michigan, which is ranked fourth in the Nation
in number of residents with cancer.
Doctors administer more than 70 percent of all cancer chemotherapy in
their offices, but the new Medicare law drastically cuts doctors'
reimbursement for drug administration. Changes in the reimbursement
system will
[[Page S7446]]
mean that doctors will likely be paid dramatically less for
chemotherapy. Preliminary estimates indicate that roughly $4.2 billion
will be taken out of cancer care in the United States over the next 10
years.
Many critical services are paid for through drug administration
reimbursement because they are not covered by Medicare. These include
specially-trained oncology nurses and related staff; the handling,
storage, and preparation of the toxic chemotherapy agents; and
cognitive, nutrition, and support care services that are important
indices of quality cancer care.
The result could be fewer and fewer doctors will treat cancer
patients, leaving them without access to the best care possible.
Furthermore, patients may lose access to vital support services.
Congress clearly recognized that questions related to the impact of
the Medicare law on patient access needed to be answered. That's why
the Medicare law included a temporary one-year increase in physicians'
practice expenses. But access problems will likely emerge in 2005 when
the temporary aid and drug reimbursement decrease significantly. And
several programs to help oncologists and patients will not begin until
2006.
The ``Ensuring Quality and Access to Cancer Care Act of 2004'' would
merely extend the 1-year transitional period built into the law for an
additional year. It's a fair compromise so that we have time to answer
important questions regarding the impact of the payment reductions. And
it will ensure that policy changes do not disrupt patient access to
quality cancer care.
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. 2587
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 ``Ensuring Quality and Access
to Cancer Care Act of 2004''.
SEC. 2. TRANSITIONAL ADJUSTMENT TO PHYSICIAN FEE SCHEDULE FOR
DRUG ADMINISTRATION SERVICES FURNISHED TO
MEDICARE BENEFICIARIES.
(a) In general.--Section 303(a)(4)(B)(ii) of the Medicare
Prescription Drug, Improvement, and Modernization Act of 2003
(Public Law 108-173; 117 Stat. 2237) is amended by striking
``3 percent'' and inserting ``32 percent''.
(b) Effective Date.--The amendment made by this section
shall take effect as if included in the enactment of section
303(a)(4) of the Medicare Prescription Drug, Improvement, and
Modernization Act of 2003 (Public Law 108-173; 117 Stat.
2237).
______
By Mr. ALEXANDER (for himself and Ms. Landrieu):
S. 2590. A bill to provide a conservation royalty from Outer
Continental Shelf revenues to establish the Coastal Impact Assistance
Program, to provide assistance to States under the Land and Water
Conservation Fund Act of 1965, to ensure adequate funding for
conserving and restoring wildlife, to assist local governments in
improving local park and recreation systems, and for other purposes; to
the Committee on Energy and Natural Resources.
Mr. ALEXANDER. Mr. President, today, Senator Landrieu and I are
introducing the Americans Outdoors Act of 2004, bipartisan legislation
that will provide nearly $1.5 billion annually to help Americans in
every State enjoy the great American outdoors.
The Americans Outdoors Act would provide a reliable stream of funding
by collecting a conservation royalty on revenues from drilling for oil
and gas on offshore Federal land. It would use this conservation
royalty to fully fund three existing Federal programs: the so-called
State side of the Land and Water Conservation Fund, $450 million
annually; wildlife conservation, $350 million annually to fully fund
that Federal program; and to fully fund urban parks initiatives,
another $125 million. It would also provide an additional $500 million
each year for coastal impact assistance, including wetlands protection.
In addition, Senator Landrieu and I intend to offer an amendment to
our legislation that would fully fund the $450 million per year Federal
side of the Land and Water Conservation Fund, but only after we have
consulted further with our colleagues to develop a consensus.
We offer this legislation because there is nothing more central to
the American character than the great American outdoors. We offer it
because we want to provide a conservation legacy for the next
generation. We believe there is a huge conservation majority in America
and in the Senate that will support this legislation.
In 1985, when I was Governor of Tennessee, President Ronald Reagan
asked me to chair the President's Commission on American Outdoors.
Gilbert Grosvenor, president of the National Geographic Society, was
vice-chairman. Patrick Noonan of the Conservation Fund and other
distinguished Americans served on the commission. President Reagan
himself was an outdoorsman. The President challenged his commission to
look ahead for a generation and tell the country how we can have
appropriate places to do what we want to do outdoors.
In the report of our commission in 1987, we found many threats to the
opportunity to enjoy the outdoors: exotic pollutants, loss of space
through urban growth, and disappearance of wetlands. Changing
lifestyles and new technology presented new challenges as well as
opportunities. Differences in needs and Federal land ownership between
the eastern and western States created challenging conflicts to
resolve.
In our report we emphasized that most outdoors recreation occurs
close to home, near towns or cities where 80 percent of us live. We
therefore recommended more land trusts, greenways, city parks and
scenic byways.
We suggested that most of this action be accomplished by a prairie
fire of local concern rather than by action in Washington, DC, but we
did recommend that Congress dedicate at least $1 billion a year from
offshore oil and gas drilling revenues to provide a steady, reliable
flow of funds to the Land and Water Conservation Fund.
Much of what we recommended has happened and is now law.
But it is now time to build on the commission's work of 20 years ago
and look ahead for another generation.
By fully funding State wildlife grants, urban parks and the State
programs of the Land and Water Conservation Fund, the Americans
Outdoors Act of 2004 will continue that legacy. It will enlarge on the
legacy by providing new funds for coastal assistance, including
wetlands protection.
It will do so through a new steady stream of funding by creating what
I think of as a ``conservation royalty.'' This new conservation royalty
is not such a new idea at all. This conservation royalty is modeled
after the existing State royalty for onshore oil and gas drilling that
was created in the Mineral Lands Leasing Act of 1920. That act gives 50
cents of every dollar from drilling--and in the case of Alaska, 90--as
a royalty to the State in which the drilling occurs.
In a similar way, The Americans Outdoors Act of 2004 would create a
conservation royalty of about 25 percent for revenues of the funds
collected from offshore drilling on Federal lands. Some of the royalty
would go to the States where the drilling occurs. More would go to all
states for parks, game and fish commissions and projects funded by the
Land and Water Conservation Fund.
The idea is very simple: if drilling for oil and gas creates an
environmental impact, it is wise to use some of the proceeds to create
an environmental benefit. In 2001, the Federal Government received $7.5
billion in oil and gas revenues from federal offshore leases. This
revenue comes from the Outer Continental Shelf, which supplies more oil
to the United States than any other country, including Saudi Arabia.
Chairman Peter Domenici has scheduled a hearing in the Energy and
Natural Resources Committee on July 13. In the meantime Senator
Landrieu and I will continue our discussion with other committee
members and other colleagues to create a consensus.
There is at least one piece of unfinished business. At some point in
the process, Senator Landrieu and I will offer an amendment to our own
legislation that will fully fund--at $450 million a year--the Federal
side of the Land and Water conservation Fund. It was this provision in
earlier legislation that helped to cause the legislation not to be
enacted by the Senate. We believe
[[Page S7447]]
that by listening to our colleagues and developing more flexibility
among states in how these dollars might be spent, we can develop
legislation that will pass the Senate.
We are glad to see that Congressmen Young and Miller have introduced
a similar piece of legislation in the House of Representatives. We look
forward to working with them.
We are pleased tat already more than two dozen national organizations
representing millions of Americans have expressed their support for the
American outdoors Act of 2004. These organizations range from the U.S.
Conference of Mayors, to the National Wildlife Federation, to Ducks
Unlimited, and the City Parks Alliance. We invite all Americans and our
colleagues of both political parties, to join with us in providing a
legacy for the next generation to enjoy the great American outdoors.
Someone once said that Italy has its art, England its history, and
the United States has the great American outdoors. Our magnificent
land, as much of our love of liberty, is at the core of our character.
It has inspired our pioneer spirit, our resourcefulness and our
generosity. Its greatness has fueled our individualism and optimism,
and made us believe that anything is possible. It has influenced our
music, literature, science and language. It has served as the training
ground of our athletes and philosophers, of poets and defenders of
American ideals.
That is why there is a conservation majority--a large conservation
majority--in the United States of America. That is why, I believe, that
when this bill comes to the floor, there will be a large conservation
majority in the U.S. Senate.
Mr. President, I ask unanimous consent that a list of the more than
two dozen organizations--from the United States Conference of Mayors,
to the National Wildlife Federation, to Ducks Unlimited, to the
Conservation Council, and many others--representing millions of
Americans in support of the Americans Outdoors Act of 2004 be printed
in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
List of Americans Outdoors Bill Supporters
National Governors Association has a policy consistent with this bill.
National Governors Association has not formally endorsed the bill.
US Conference of Mayors
National Wildlife Federation
International Association of Fish and Wildlife Agencies
Outdoor Industry Association
American Sportfishing Association
National Wild Turkey Federation
United States Soccer Foundation
United States Soccer Federation
National Marine Manufacturers Association
American Planning Association
American Society of Landscape Architects
Americans for Our Heritage and Recreation
City Parks Alliance
The Conservation Fund
National Association of State Outdoor Recreation Liaison
Officers
National Association of State Park Directors
National Council of Youth Sports
National Recreation and Park Association
Outdoor Industry Association
SGMA International
Smart Growth International
Archery Trade Association
Theodore Roosevelt Conservation Partnership
Boone and Crockett Club
The Wildlife Society
AZ Antelope Foundation
AZ Desert Bighorn Sheep Society
AZ Wildlife Conservation Council
BASS/ESPN Outdoors
WILDEATS Enterprises
Association of Native Americans
Trout Unlimited
Ducks Unlimited
PA BASS Federation
Western Clinton Sportsmen's Association
Hodgman, Inc
Federation of Fly Fishers
The Conservation Council
State of Louisiana
Mr. ALEXANDER. 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. 2590
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 ``Americans
Outdoors Act of 2004''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--DISPOSITION OF OUTER CONTINENTAL SHELF REVENUES
Sec. 101. Disposition.
TITLE II--COASTAL IMPACT ASSISTANCE
Sec. 201. Coastal Impact Assistance Program.
TITLE III--LAND AND WATER CONSERVATION FUND
Sec. 301. Apportionment of amounts available for State purposes.
Sec. 302. State planning.
Sec. 303. Assistance to States for other projects.
Sec. 304. Conversion of property to other use.
Sec. 305. Water rights.
TITLE IV--CONSERVATION AND RESTORATION OF WILDLIFE
Sec. 401. Purposes.
Sec. 402. Definitions.
Sec. 403. Wildlife Conservation and Restoration Account.
Sec. 404. Apportionment to Indian tribes.
Sec. 405. No effect on prior appropriations.
TITLE V--URBAN PARK AND RECREATION RECOVERY PROGRAM
Sec. 501. Expansion of purpose of Urban Park and Recreation Recovery
Act of 1978 to include development of new areas and
facilities.
Sec. 502. Definitions.
Sec. 503. Eligibility.
Sec. 504. Grants.
Sec. 505. Recovery action programs.
Sec. 506. State action incentives.
Sec. 507. Conversion of recreation property.
Sec. 508. Treatment of transferred amounts.
Sec. 509. Repeal.
TITLE I--DISPOSITION OF OUTER CONTINENTAL SHELF REVENUES
SEC. 101. DISPOSITION.
Section 9 of the Outer Continental Shelf Lands Act (43
U.S.C. 1338) is amended to read as follows:
``SEC. 9. DISPOSITION OF REVENUES.
``(a) In General.--For each of fiscal years 2005 through
2010, the Secretary of the Treasury shall deposit in the
Treasury of the United States all qualified outer continental
shelf revenues (as defined in section 31(a)).
``(b) Transfer for Conservation Royalty Expenditures.--For
each of fiscal years 2005 through 2010, from amounts
deposited for the preceding fiscal year under subsection (a),
the Secretary of the Treasury shall transfer--
``(1) to the Secretary to make payments under section 31,
$500,000,000;
``(2) to the Land and Water Conservation Fund to provide
financial assistance to States under section 6 of the Land
and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-8),
$450,000,000;
``(3) to the Federal aid to wildlife restoration fund
established under section 3 of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669b) for deposit in the Wildlife
Conservation and Restoration Account, $350,000,000; and
``(4) to the Secretary to carry out the Urban Park and
Recreation Recovery Act of 1978 (16 U.S.C. 2501 et seq.),
$125,000,000. ''.
TITLE II--COASTAL IMPACT ASSISTANCE
SEC. 201. COASTAL IMPACT ASSISTANCE PROGRAM.
Section 31 of the Outer Continental Shelf Lands Act (43
U.S.C. 1356a) is amended to read as follows:
``SEC. 31. COASTAL IMPACT ASSISTANCE PROGRAM.
``(a) Definitions.--In this section:
``(1) Coastal political subdivision.--The term `coastal
political subdivision' means a political subdivision of a
coastal State any part of which political subdivision is--
``(A) within the coastal zone (as defined in section 304 of
the Coastal Zone Management Act of 1972 (16 U.S.C. 1453)) of
the coastal State; and
``(B) not more than 200 miles from the geographic center of
any leased tract.
``(2) Coastal population.--The term `coastal population'
means the population, as determined by the most recent
official data of the Census Bureau, of each political
subdivision any part of which lies within the designated
coastal boundary of a State (as defined in a State's coastal
zone management program under the Coastal Zone Management Act
of 1972 (16 U.S.C. 1451 et seq.)).
``(3) Coastal state.--The term `coastal State' has the
meaning given the term in section 304 of the Coastal Zone
Management Act of 1972 (16 U.S.C. 1453).
``(4) Coastline.--The term `coastline' has the meaning
given the term `coast line' in section 2 of the Submerged
Lands Act (43 U.S.C. 1301).
``(5) Distance.--The term `distance' means the minimum
great circle distance, measured in statute miles.
``(6) Leased tract.--The term `leased tract' means a tract
that is subject to a lease under section 6 or 8 for the
purpose of drilling for, developing, and producing oil or
natural gas resources.
``(7) Political subdivision.--The term `political
subdivision' means the local political jurisdiction
immediately below the level of State government, including
counties, parishes, and boroughs.
``(8) Producing state.--
``(A) In general.--The term `producing State' means a
coastal State with a coastal seaward boundary within 200
miles from the geographic center of a leased tract.
``(B) Exclusion.--The term `producing State' does not
include a leased tract or portion of a leased tract that is
located in a geographic area subject to a leasing moratorium
on January 1, 2002, unless the lease was in production on
that date.
[[Page S7448]]
``(9) Qualified outer continental shelf revenues.--
``(A) In general.--The term `qualified Outer Continental
Shelf revenues' means all amounts received by the United
States after January 1, 2003, from each leased tract or
portion of a leased tract--
``(i) lying--
``(I) seaward of the zone covered by section 8(g); or
``(II) within that zone, but to which section 8(g) does not
apply; and
``(ii) the geographic center of which lies within a
distance of 200 miles from any part of the coastline of any
coastal State.
``(B) Inclusions.--The term `qualified Outer Continental
Shelf revenues' includes bonus bids, rents, royalties
(including payments for royalty taken in kind and sold), net
profit share payments, and related late-payment interest from
natural gas and oil leases issued under this Act.
``(C) Exclusion.--The term `qualified Outer Continental
Shelf revenues' does not include any revenues from a leased
tract or portion of a leased tract that is located in a
geographic area subject to a leasing moratorium on January 1,
2002, unless the lease was in production on that date.
``(10) Transferred amount.--The term `transferred amount'
means the amount transferred to the Secretary under section 9
to make payments to producing States and coastal political
subdivisions under this section for a fiscal year.
``(b) Payments to Producing States and Coastal Political
Subdivisions.--
``(1) In general.--For each of fiscal years 2005 through
2010, the transferred amount shall be allocated by the
Secretary among producing States and coastal political
subdivisions in accordance with this section.
``(2) Disbursement.--In each fiscal year, the Secretary
shall, without further appropriation, disburse to each
producing State for which the Secretary has approved a plan
under subsection (c), and to coastal political subdivisions
under paragraph (4), such funds as are allocated to the
producing State or coastal political subdivision,
respectively, under this section for the fiscal year.
``(3) Allocation among producing states.--
``(A) In general.--Except as provided in subparagraph (B),
the transferred amount shall be allocated to each producing
State in the proportion that, for the preceding 5-year
period--
``(i) the amount of qualified outer Continental Shelf
revenues generated off the coastline of the producing State;
bears to
``(ii) the amount of qualified outer Continental Shelf
revenues generated off the coastline of all producing States.
``(B) Multiple producing states.--In a case in which more
than 1 producing State is located within 200 miles of any
portion of a leased tract, the amount allocated to each
producing State for the leased tract shall be inversely
proportional to the distance between--
``(i) the nearest point on the coastline of the producing
State; and
``(ii) the geographic center of the leased tract.
``(4) Payments to coastal political subdivisions.--
``(A) In general.--The Secretary shall pay 35 percent of
the amount allocated under paragraph (3) to the coastal
political subdivisions in the producing State.
``(B) Formula.--Of the amount paid by the Secretary to
coastal political subdivisions under subparagraph (A)--
``(i) 25 percent shall be allocated to each coastal
political subdivision in the proportion that--
``(I) the coastal population of the coastal political
subdivision; bears to
``(II) the coastal population of all coastal political
subdivisions in the producing State;
``(ii) 25 percent shall be allocated to each coastal
political subdivision in the proportion that--
``(I) the number of miles of coastline of the coastal
political subdivision; bears to
``(II) the number of miles of coastline of all coastal
political subdivisions in the producing State; and
``(iii) 50 percent shall be allocated in amounts that are
inversely proportional to the respective distances between
the points in each coastal political subdivision that are
closest to the geographic center of each leased tract, as
determined by the Secretary.
``(C) Exception for the state of louisiana.--For the
purposes of subparagraph (B)(ii), the coastline for coastal
political subdivisions in the State of Louisiana without a
coastline shall be the average length of the coastline of all
other coastal political subdivisions in the State of
Louisiana.
``(D) Exception for the state of alaska.--For the purposes
of carrying out subparagraph (B)(iii) in the State of Alaska,
the amounts allocated shall be divided equally among the 2
coastal political subdivisions that are closest to the
geographic center of a leased tract.
``(E) Exclusion of certain leased tracts.--For purposes of
subparagraph (B)(iii), a leased tract or portion of a leased
tract shall be excluded if the tract or portion of a leased
tract is located in a geographic area subject to a leasing
moratorium on January 1, 2002, unless the lease was in
production on that date.
``(5) No approved plan.--
``(A) In general.--Subject to subparagraph (B) and except
as provided in subparagraph (C), in a case in which any
amount allocated to a producing State or coastal political
subdivision under paragraph (3) or (4) is not disbursed
because the producing State does not have in effect a plan
that has been approved by the Secretary under subsection (c),
the Secretary shall allocate the undisbursed amount equally
among all other producing States.
``(B) Retention of allocation.--The Secretary shall hold in
escrow an undisbursed amount described in subparagraph (A)
until such date as the final appeal regarding the disapproval
of a plan submitted under subsection (c) is decided.
``(C) Waiver.--The Secretary may waive subparagraph (A)
with respect to an allocated share of a producing State and
hold the allocable share in escrow if the Secretary
determines that the producing State is making a good faith
effort to develop and submit, or update, a plan in accordance
with subsection (c).
``(c) Coastal Impact Assistance Plan.--
``(1) Submission of state plans.--
``(A) In general.--Not later than July 1, 2005, the
Governor of a producing State shall submit to the Secretary a
coastal impact assistance plan.
``(B) Public participation.--In carrying out subparagraph
(A), the Governor shall solicit local input and provide for
public participation in the development of the plan.
``(2) Approval.--
``(A) In general.--The Secretary shall approve a plan of a
producing State submitted under paragraph (1) before
disbursing any amount to the producing State, or to a coastal
political subdivision located in the producing State, under
this section.
``(B) Components.--The Secretary shall approve a plan
submitted under paragraph (1) if--
``(i) the Secretary determines that the plan is consistent
with the uses described in subsection (d); and
``(ii) the plan contains--
``(I) the name of the State agency that will have the
authority to represent and act on behalf of the producing
State in dealing with the Secretary for purposes of this
section;
``(II) a program for the implementation of the plan that
describes how the amounts provided under this section to the
producing State will be used;
``(III) for each coastal political subdivision that
receives an amount under this section--
``(aa) the name of a contact person; and
``(bb) a description of how the coastal political
subdivision will use amounts provided under this section;
``(IV) a certification by the Governor that ample
opportunity has been provided for public participation in the
development and revision of the plan; and
``(V) a description of measures that will be taken to
determine the availability of assistance from other relevant
Federal resources and programs.
``(3) Amendment.--Any amendment to a plan submitted under
paragraph (1) shall be--
``(A) developed in accordance with this subsection; and
``(B) submitted to the Secretary for approval or
disapproval under paragraph (4).
``(4) Procedure.--
``(A) In general.--Except as provided in subparagraph (B),
not later than 90 days after the date on which a plan or
amendment to a plan is submitted under paragraph (1) or (3),
the Secretary shall approve or disapprove the plan or
amendment.
``(B) Exception.--For fiscal year 2005, the Secretary shall
approve or disapprove a plan submitted under paragraph (1)
not later than December 31, 2005.
``(d) Authorized Uses.--
``(1) In general.--A producing State or coastal political
subdivision shall use all amounts received under this
section, including any amount deposited in a trust fund that
is administered by the State or coastal political subdivision
and dedicated to uses consistent with this section, in
accordance with all applicable Federal and State law, only
for 1 or more of the following purposes:
``(A) Projects and activities for the conservation,
protection, or restoration of coastal areas, including
wetland.
``(B) Mitigation of damage to fish, wildlife, or natural
resources.
``(C) Planning assistance and the administrative costs of
complying with this section.
``(D) Implementation of a federally-approved marine,
coastal, or comprehensive conservation management plan.
``(E) Mitigation of the impact of outer Continental Shelf
activities through funding of onshore infrastructure projects
and public service needs.
``(2) Compliance with authorized uses.--If the Secretary
determines that any expenditure made by a producing State or
coastal political subdivision is not consistent with this
subsection, the Secretary shall not disburse any additional
amount under this section to the producing State or the
coastal political subdivision until such time as all amounts
obligated for unauthorized uses have been repaid or
reobligated for authorized uses.''.
TITLE III--LAND AND WATER CONSERVATION FUND
SEC. 301. APPORTIONMENT OF AMOUNTS AVAILABLE FOR STATE
PURPOSES.
Section 6 of the Land and Water Conservation Fund Act of
1965 (16 U.S.C. 460l-8) is amended--
[[Page S7449]]
(1) in the second sentence of subsection (a), by inserting
``(including facility rehabilitation, but excluding facility
maintenance)'' after ``(3) development''; and
(2) by striking subsection (b) and inserting the following:
``(b) Apportionment Among the States.--
``(1) Definition of state.--
``(A) In general.--Except as provided in subparagraph (B),
in this subsection, the term `State' means--
``(i) each of the States of the United States;
``(ii) the District of Columbia;
``(iii) the Commonwealth of Puerto Rico;
``(iv) the Commonwealth of the Northern Mariana Islands;
``(v) the United States Virgin Islands;
``(vi) Guam; and
``(vii) American Samoa.
``(B) Limitation.--For the purposes of paragraph (3), the
States referred to in clauses (iii) through (vii) of
subparagraph (A)--
``(i) shall be treated collectively as 1 State; and
``(ii) shall each receive an apportionment under that
paragraph based on the ratio that--
``(I) the population of the State; bears to
``(II) the population of all the States referred to in
clauses (iii) through (vii) of subparagraph (A).
``(2) Deduction for administrative expenses.--For each
fiscal year, the Secretary may deduct, for payment of
administrative expenses incurred by the Secretary in carrying
out this section, not more than 1 percent of the amounts made
available for financial assistance to States for the fiscal
year under this Act.
``(3) Apportionment.--
``(A) In general.--Not later than 60 days after the end of
the fiscal year, the Secretary shall apportion among the
States the amounts remaining after making the deduction under
paragraph (2).
``(B) Formula.--Subject to paragraph (5), of the amounts
described in subparagraph (A) for each fiscal year--
``(i) 60 percent shall be apportioned equally among the
States; and
``(ii) 40 percent shall be apportioned among the States
based on the ratio that--
``(I) the population of each State (as reported in the most
recent decennial census); bears to
``(II) the population of all of the States (as reported in
the most recent decennial census).
``(4) Limitation.--For any fiscal year, the total
apportionment to any 1 State under paragraph (3) shall not
exceed 10 percent of the total amount apportioned to all
States for the fiscal year.
``(5) State notification.--The Secretary shall notify each
State of the amount apportioned to the State under paragraph
(3).
``(6) Use of funds.--
``(A) In general.--Amounts apportioned to a State under
paragraph (3) may be used for planning, acquisition, or
development projects in accordance with this Act.
``(B) Limitation.--Amounts apportioned to a State under
paragraph (3) shall not be used for condemnation of land.
``(7) Reapportionment.--
``(A) In general.--Any portion of an apportionment to a
State under this subsection that has not been paid or
obligated by the Secretary by the end of the second fiscal
year that begins after the date on which notification is
provided to the State under paragraph (5) shall be
reapportioned by the Secretary in accordance with paragraph
(3).
``(B) Limitation.--A reapportionment under this paragraph
shall be made without regard to the limitation described in
paragraph (4).
``(8) Apportionment to indian tribes.--
``(A) Definition.--In this paragraph, the term `Indian
tribe'--
``(i) in the case of the State of Alaska, means a Native
corporation (as defined in section 3 of the Alaska Native
Claims Settlement Act (43 U.S.C. 1602)); and
``(ii) in the case of any other State, has the meaning
given the term in section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450b).
``(B) Apportionment.--For the purposes of paragraph (3),
each Indian tribe shall be eligible to receive a share of the
amount available under paragraph (3) in accordance with a
competitive grant program established by the Secretary.
``(C) Total apportionment.--The total apportionment
available to Indian tribes under subparagraph (B) shall be
equal to the amount available to a single State under
paragraph (3).
``(D) Amount of grant.--For any fiscal year, the grant to
any 1 Indian tribe under this paragraph shall not exceed 10
percent of the total amount made available to Indian tribes
under paragraph (3).
``(E) Use of funds.--Funds received by an Indian tribe
under this paragraph may be used for the purposes specified
in paragraphs (1) and (3) of subsection (a).
``(9) Local allocation.--Unless the State demonstrates on
an annual basis to the satisfaction of the Secretary that
there is a compelling reason not to provide grants under this
paragraph, each State (other than the District of Columbia)
shall make available, as grants to political subdivisions of
the State, not less than 25 percent of the annual State
apportionment under this subsection, or an equivalent amount
made available from other sources.''.
SEC. 302. STATE PLANNING.
(a) In General.--Section 6 of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l-8) is amended
by striking subsection (d) and inserting the following:
``(d) Selection Criteria; State Action Agenda.--
``(1) Selection criteria.--Each State may develop
priorities and criteria for selection of outdoor conservation
and recreation acquisition and development projects eligible
for grants under this Act, if--
``(A) the priorities and criteria developed by the State
are consistent with this Act;
``(B) the State provides for public participation in the
development of the priorities and criteria; and
``(C) the State develops a State action agenda (referred to
in this section as a `State action agenda') that includes the
priorities and criteria established under this paragraph.
``(2) State action agenda.--
``(A) In general.--Not later than 5 years after the date of
enactment of this subparagraph, the State, in partnership
with political subdivisions of the State and Federal agencies
and in consultation with the public, shall develop a State
action agenda.
``(B) Required elements.--A State action agenda shall--
``(i) include strategies to address broad-based and long-
term needs while focusing on actions that can be funded
during the 5-year period covered by the State action agenda;
``(ii) take into account all providers of conservation and
recreation land in each State, including Federal, regional,
and local government resources;
``(iii) include the name of the State agency that will have
authority to represent and act for the State in dealing with
the Secretary for the purposes of this Act;
``(iv) describe the priorities and criteria for selection
of outdoor recreation and conservation acquisition and
development projects; and
``(v) include a certification by the Governor of the State
that ample opportunity for public participation has been
provided in the development of the State action agenda.
``(C) Update.--Each State action agenda shall be updated at
least once every 5 years.
``(D) Certification.--The Governor shall certify that the
public has participated in the development of the State
action agenda.
``(E) Coordination with other plans.--
``(i) In general.--The State action agenda shall be
coordinated, to the maximum extent practicable, with other
State, regional, and local plans for parks, recreation, open
space, fish and wildlife, and wetland and other habitat
conservation.
``(ii) Recovery action programs.--
``(I) In general.--The State shall use recovery action
programs developed by urban local governments under section
1007 of the Urban Park and Recreation Recovery Act of 1978
(16 U.S.C. 2506) as a guide to the conclusions, priorities,
and action schedules contained in the State action agenda.
``(II) Requirements for local planning.--To minimize the
redundancy of local outdoor conservation and recreation
efforts, each State shall provide that, to the maximum extent
practicable, the findings, priorities, and implementation
schedules of recovery action programs may be used to meet
requirements for local outdoor conservation and recreation
planning that are conditions for grants under the State
action agenda.
``(F) Comprehensive statewide outdoor recreation plan.--A
comprehensive statewide outdoor recreation plan developed by
a State before the date that is 5 years after the date of
enactment of this subparagraph shall remain in effect in the
State until a State action agenda is adopted under this
paragraph, but not later than 5 years after the date of
enactment of that Act.''.
(b) Conforming Amendments.--
(1) Section 6(e) of the Land and Water Conservation Fund
Act of 1965 (16 U.S.C. 460l-8(e)) is amended--
(A) in the matter preceding paragraph (1), by inserting
``or State action agenda'' after ``State comprehensive
plan''; and
(B) in paragraph (1), by inserting ``or State action
agenda'' after ``comprehensive plan''.
(2) Section 32(e) of the Bankhead-Jones Farm Tenant Act (7
U.S.C. 1011(e)) is amended in the last proviso of the first
paragraph by striking ``existing comprehensive statewide
outdoor recreation plan found adequate for purposes of the
Land and Water Conservation Fund Act of 1965 (78 Stat. 897)''
and inserting ``comprehensive statewide outdoor recreation
plan or State action agenda required by section 6 of the Land
and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-8)''.
(3) Section 102(a)(2) of the National Historic Preservation
Act (16 U.S.C. 470b(a)(2)) is amended by striking
``comprehensive statewide outdoor recreation plan prepared
pursuant to the Land and Water Conservation Fund Act of 1965
(78 Stat. 897)'' and inserting ``comprehensive statewide
outdoor recreation plan or State action agenda required by
section 6 of the Land and Water Conservation Fund Act of 1965
(16 U.S.C. 460l-8)''.
(4) Section 6(a) of the Federal Water Project Recreation
Act (16 U.S.C. 460l-17(a)) is amended by striking ``State
comprehensive plan developed pursuant to subsection 5(d) of
the Land and Water Conservation Fund Act of 1965 (78 Stat.
897)'' and inserting ``comprehensive statewide outdoor
recreation plan or State action agenda required
[[Page S7450]]
by section 6 of the Land and Water Conservation Fund Act of
1965 (16 U.S.C. 460l-8)''.
(5) Section 8(a) of the National Trails System Act (16
U.S.C. 1247(a)) is amended in the first sentence--
(A) by inserting ``or State action agendas'' after
``comprehensive statewide outdoor recreation plans''; and
(B) by inserting ``of 1965 (16 U.S.C. 460l-4 et seq.)''
after ``Fund Act''.
(6) Section 11(a)(2) of the National Trails System Act (16
U.S.C. 1250(a)(2)) is amended by striking ``(relating to the
development of Statewide Comprehensive Outdoor Recreation
Plans)'' and inserting ``(16 U.S.C. 460l-8)''.
(7) Section 11 of the Wild and Scenic Rivers Act (16 U.S.C.
1282) is amended--
(A) in subsection (a)--
(i) by inserting ``or State action agendas'' after
``comprehensive statewide outdoor recreation plans''; and
(ii) by striking ``(78 Stat. 897)'' and inserting ``(16
U.S.C. 460l-4 et seq.)''; and
(B) in subsection (b)(2)(B), by striking ``(relating to the
development of statewide comprehensive outdoor recreation
plans)'' and inserting ``(16 U.S.C. 460l-8)''.
(8) Section 206(d) of title 23, United States Code, is
amended--
(A) in paragraph (1)(B), by striking ``statewide
comprehensive outdoor recreation plan required by the Land
and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et
seq.)'' and inserting ``comprehensive statewide outdoor
recreation plan or State action agenda required by section 6
of the Land and Water Conservation Fund Act of 1965 (16
U.S.C. 460l-8)''; and
(B) in paragraph (2)(D)(ii), by striking ``statewide
comprehensive outdoor recreation plan that is required by the
Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-
4 et seq.)'' and inserting ``comprehensive statewide outdoor
recreation plan or State action agenda that is required by
section 6 of the Land and Water Conservation Fund Act of 1965
(16 U.S.C. 460l-8)''.
(9) Section 202(c)(9) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1712(c)(9)) is amended by
striking ``statewide outdoor recreation plans developed under
the Act of September 3, 1964 (78 Stat. 897), as amended'' and
inserting ``comprehensive statewide outdoor recreation plans
or State action agendas required by section 6 of the Land and
Water Conservation Fund Act of 1965 (16 U.S.C. 460l-8)''.
SEC. 303. ASSISTANCE TO STATES FOR OTHER PROJECTS.
Section 6(e) of the Land and Water Conservation Fund Act of
1965 (16 U.S.C. 460l-8(e)) is amended--
(1) in paragraph (1), by striking ``, but not including
incidental costs relating to acquisition''; and
(2) in paragraph (2), by inserting before the colon the
following: ``or to enhance public safety in a designated park
or recreation area''.
SEC. 304. CONVERSION OF PROPERTY TO OTHER USE.
Section 6(f)(3) of the Land and Water Conservation Fund Act
of 1965 (16 U.S.C. 460l-8(f)(3)) is amended--
(1) by striking ``(3) No property'' and inserting the
following:
``(3) Conversion of property to other use.--
``(A) In general.--No property''; and
(2) by striking the second sentence and inserting the
following:
``(B) Requirements for approval.--The Secretary shall
approve a conversion under subparagraph (A) if--
``(i) the State demonstrates that there is no other prudent
or feasible alternative;
``(ii) the property no longer meets the criteria in the
comprehensive statewide outdoor recreation plan or State
action agenda for an outdoor conservation and recreation
facility because of changes in demographics; or
``(iii) the property must be abandoned because of
environmental contamination that endangers public health or
safety.
``(C) Conditions.--A conversion under subparagraph (A)
shall satisfy any conditions that the Secretary determines to
be necessary to ensure the substitution of other conservation
or recreation property that is--
``(i) of at least equal fair market value;
``(ii) of reasonably equivalent usefulness and location;
and
``(iii) consistent with the comprehensive statewide outdoor
recreation plan or State action agenda.''.
SEC. 305. WATER RIGHTS.
Title I of the Land and Water Conservation Fund Act of 1965
(16 U.S.C. 460l-4 et seq.) is amended by adding at the end
the following:
``SEC. 14. WATER RIGHTS.
``Nothing in this title--
``(1) invalidates, preempts, or modifies any Federal or
State water law or an interstate compact relating to water,
including water quality and disposal;
``(2) alters the rights of any State to an appropriated
share of the water of any body of surface water or
groundwater, as established by interstate compacts entered
into, legislation enacted, or final judicial allocations
adjudicated before, on, or after the date of enactment of
this Act; or
``(3) confers on any non-Federal entity the ability to
exercise any Federal right to the waters of any stream or to
any ground water resource.''.
TITLE IV--CONSERVATION AND RESTORATION OF WILDLIFE
SEC. 401. PURPOSES.
The purposes of this title are--
(1) to ensure adequate funding of the program established
under the amendments to the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669 et seq.) enacted by title IX
of H.R. 5548 of the 106th Congress, as enacted by section
1(a)(2) of Public Law 106-553 (114 Stat. 2762, 2762A-118);
and
(2) to ensure the conservation and sustainability of fish
and wildlife to provide and promote greater hunting, angling,
and wildlife viewing opportunities.
SEC. 402. DEFINITIONS.
Section 2 of the Pittman-Robertson Wildlife Restoration Act
(16 U.S.C. 669a) is amended--
(1) by redesignating paragraphs (1), (2), (3), (4), (5),
(6), (7), and (8) as paragraphs (2), (4), (5), (6), (7), (8),
(9), and (10), respectively;
(2) by inserting before paragraph (2) (as redesignated by
paragraph (1)) the following:
``(1) Account.--The term `Account' means the Wildlife
Conservation and Restoration Account established by section
3(a)(2).'';
(3) by inserting after paragraph (2) (as redesignated by
paragraph (1)) the following:
``(3) Indian tribe.--The term `Indian tribe'--
``(A) in the case of the State of Alaska, means a Native
corporation (as defined in section 3 of the Alaska Native
Claims Settlement Act (43 U.S.C. 1602)); and
``(B) in the case of any other State, has the meaning given
the term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b).'';
(4) in paragraph (6) (as redesignated by paragraph (1)), by
striking ``including fish'' and inserting ``(including, for
purposes of section 4(d), fish)''; and
(5) in paragraph (10) (as redesignated by paragraph (1)),
by striking ``includes the wildlife conservation and
restoration program and''.
SEC. 403. WILDLIFE CONSERVATION AND RESTORATION ACCOUNT.
Section 3 of the Pittman-Robertson Wildlife Restoration Act
(16 U.S.C. 669b) is amended--
(1) by striking ``Sec. 3. (a)(1) An'' and inserting the
following:
``SEC. 3. FEDERAL AID TO WILDLIFE RESTORATION FUND.
``(a) In General.--
``(1) Federal aid to wildlife restoration fund.--An''; and
(2) in subsection (a)--
(A) in paragraph (1), by striking ``Federal aid to wildlife
restoration fund'' and inserting ``Federal Aid to Wildlife
Restoration Fund''; and
(B) by striking paragraph (2) and inserting the following:
``(2) Wildlife conservation and restoration account.--
``(A) Establishment.--There is established in the fund a
subaccount to be known as the `Wildlife Conservation and
Restoration Account'.
``(B) Funding.--Amounts transferred to the fund for a
fiscal year under section 9(b)(3) of the Outer Continental
Shelf Lands Act--
``(i) shall be deposited in the Account; and
``(ii) shall be available, without further appropriation,
to carry out State wildlife conservation and restoration
programs under section 4(d).''.
SEC. 404. APPORTIONMENT TO INDIAN TRIBES.
(a) In General.--Section 4 of the Pittman-Robertson
Wildlife Restoration Act (16 U.S.C. 669c) is amended--
(1) by redesignating the first subsection (c) as subsection
(e); and
(2) in subsection (c), by striking paragraph (1) and
inserting the following:
``(1) Apportionment to district of columbia, puerto rico,
territories, and indian tribes.--
``(A) In general.--Subject to subparagraph (B), for each
fiscal year, the Secretary shall apportion from amounts
available in the Account for the fiscal year--
``(i) to each of the District of Columbia and the
Commonwealth of Puerto Rico, an amount equal to not more than
\1/2\ of 1 percent of amounts available in the Account;
``(ii) to each of Guam, American Samoa, the Commonwealth of
the Northern Mariana Islands, and the United States Virgin
Islands, a sum equal to not more than \1/4\ of 1 percent of
amounts available in the Account; and
``(iii) to Indian tribes, an amount equal to not more than
2\1/4\ percent of amounts available in the Account, of
which--
``(I) \1/3\ shall be apportioned based on the ratio that
the trust land area of each Indian tribe bears to the total
trust land area of all Indian tribes; and
``(II) \2/3\ shall be apportioned based on the ratio that
the population of each Indian tribe bears to the total
population of all Indian tribes.
``(B) Maximum apportionment to indian tribes.--For each
fiscal year, the amounts apportioned under subparagraph
(A)(iii) shall be adjusted proportionately so that no Indian
tribe is apportioned a sum that is more than 5 percent of the
amount available for apportionment under subparagraph
(A)(iii) for the fiscal year.''.
(b) Conforming Amendments.--
(1) Section 3(c)(2) of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669b(c)(2)) is amended by striking
``sections 4(d) and (e) of this Act'' and inserting
``subsection (c) and (d) of section 4''.
(2) Section 4(b) of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669c(b)) is
[[Page S7451]]
amended by striking ``subsection (c)'' and inserting
``subsection (e)''.
(3) Section 4(d) of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669c(d)) is amended--
(A) in paragraph (1)--
(i) in subparagraph (A), by redesignating clauses (i),
(ii), and (iii) as subclauses (I), (II), and (III),
respectively, and indenting the subclauses appropriately;
(ii) by redesignating subparagraphs (A), (B), and (C) as
clauses (i), (ii), and (iii), respectively, and indenting the
clauses appropriately;
(iii) by striking ``(1) Any State'' and inserting the
following:
``(1) Requirements.--
``(A) In general.--Any State'';
(iv) by striking ``To apply'' and inserting the following:
``(B) Plan.--To apply'';
(v) in subparagraph (A) (as designated by clause (iii))--
(I) by inserting ``or Indian tribe'' before ``may apply'';
and
(II) by striking ``develop a program'' and inserting the
following: ``develop a program for the conservation and
restoration of species of wildlife identified by the State'';
(vi) in subparagraph (B) (as designated by clause (iv))--
(I) in the matter preceding clause (i) (as redesignated by
clause (ii)), by inserting ``or Indian tribe'' before ``shall
submit''; and
(II) in clause (i) (as redesignated by clause (ii)), by
inserting ``or Indian tribe'' after ``State'';
(vii) by redesignating subparagraph (D) as subparagraph
(C); and
(viii) in subparagraph (C) (as redesignated by clause
(vii))--
(I) in the matter preceding clause (i), by inserting ``a
State or Indian tribe shall'' before ``develop and begin'';
(II) in clause (i), by inserting ``or Indian tribe'' before
``deems appropriate'';
(III) in clauses (ii), (iii), (iv), and (vii), by striking
``paragraph (1)'' and inserting ``subparagraph (A)'';
(IV) in clause (vi)--
(aa) by striking ``State wildlife conservation strategy''
and inserting ``wildlife conservation strategy of the State
or Indian tribe''; and
(bb) by striking the semicolon at the end and inserting ``;
and''; and
(V) in clause (vii), by inserting ``by'' after
``feasible'';
(B) in paragraph (2), by inserting ``or Indian tribe''
after ``State'';
(C) in paragraph (3), by inserting ``or Indian tribe''
after ``State'' each place it appears; and
(D) in paragraph (4)--
(i) in subparagraph (A), by striking ``State's wildlife
conservation and restoration program'' each place it appears
and inserting ``wildlife conservation and restoration program
of a State or Indian tribe''; and
(ii) in subparagraph (B)--
(I) by inserting ``or Indian tribe'' after ``each State'';
and
(II) by striking ``State's wildlife conservation and
restoration program'' and inserting ``wildlife conservation
and restoration program of a State or Indian tribe''.
(4) Section 8(b) of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669g(b)) is amended by striking
``section 4(c)'' and inserting ``section 4(e)''.
(5) Section 10 of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669h-1) is amended--
(A) in subsection (a)(1)--
(i) in subparagraph (A), by inserting ``or obligated''
after ``used''; and
(ii) in subparagraph (B), by inserting ``or obligated''
after ``used''; and
(B) by striking ``section 4(c)'' each place it appears and
inserting ``section 4(e)''
SEC. 405. NO EFFECT ON PRIOR APPROPRIATIONS.
Nothing in this title or any amendment made by this title
applies to or otherwise affects the availability or use of
any amounts appropriated before the date of enactment of this
Act.
TITLE V--URBAN PARK AND RECREATION RECOVERY PROGRAM
SEC. 501. EXPANSION OF PURPOSE OF URBAN PARK AND RECREATION
RECOVERY ACT OF 1978 TO INCLUDE DEVELOPMENT OF
NEW AREAS AND FACILITIES.
Section 1003 of the Urban Park and Recreation Recovery Act
of 1978 (16 U.S.C. 2502) is amended in the first sentence by
striking ``recreation areas, facilities,'' and inserting
``recreation areas and facilities, the development of new
recreation areas and facilities (including acquisition of
land for that development),'' .
SEC. 502. DEFINITIONS.
Section 1004 of the Urban Park and Recreation Recovery Act
of 1978 (16 U.S.C. 2503) is amended--
(1) by striking ``When used in this title the term--'' and
inserting ``In this title:'';
(2) by redesignating paragraphs (1), (2), and (3) of
subsection (d) as subparagraphs (A), (B), and (C),
respectively, and indenting appropriately;
(3) by redesignating subsections (a), (b), (c), (d), (e),
(f), (g), (h), (i), (j), and (k) as paragraphs (9), (10),
(4), (1), (8), (6), (3), (12), (7), (13), and (5),
respectively, and moving the paragraphs to appear in
numerical order;
(4) in each of paragraphs (1), (3), (4), (5), (6), (7),
(8), (9), (10), (12), and (13) (as redesignated by paragraph
(3))--
(A)(i) by inserting ``_____.--The term'' before the first
quotation mark; and
(ii) by inserting in the blank the term that is in
quotations in each paragraph, respectively; and
(B) by capitalizing the first letter of the term as
inserted in the blank under subparagraph (A)(ii);
(5) in each of paragraphs (1), (3), (4), (6), (7), (8),
(9), (10), and (12) (as redesignated by paragraph (3)), by
striking the semicolon at the end and inserting a period;
(6) in paragraph (13) (as redesignated by paragraph (3)),
by striking ``; and'' at the end and inserting a period;
(7) by inserting after paragraph (1) (as redesignated by
paragraph (3)) the following:
``(2) Development grant.--
``(A) In general.--The term `development grant' means a
matching capital grant made to a unit of local government to
cover costs of development, land acquisition, and
construction at 1 or more existing or new neighborhood
recreation sites (including indoor and outdoor recreational
areas and facilities, support facilities, and landscaping).
``(B) Exclusions.--The term `development grant' does not
include a grant made to pay the costs of routine maintenance
or upkeep activities.'';
(8) in paragraph (5) (as redesignated by paragraph (3)), by
inserting ``the Commonwealth of'' before ``Northern Mariana
Islands''; and
(9) by inserting after paragraph (10) (as redesignated by
paragraph (3)) the following:
``(11) Secretary.--The term `Secretary' means the Secretary
of the Interior.''.
SEC. 503. ELIGIBILITY.
Section 1005 of the Urban Park and Recreation Recovery Act
of 1978 (16 U.S.C. 2504) is amended by striking subsection
(a) and inserting the following:
``(a) Eligibility for Assistance.--
``(1) Definition of general purpose local government.--For
the purpose of determining eligibility for assistance under
this title, the term `general purpose local government'
includes--
``(A) any political subdivision of a metropolitan, primary,
or consolidated statistical area, as determined by the most
recent decennial census;
``(B) any other city, town, or group of 1 or more cities or
towns within a metropolitan statistical area described in
subparagraph (A) that has a total population of at least
50,000, as determined by the most recent decennial census;
and
``(C) any other county, parish, or township with a total
population of at least 250,000, as determined by the most
recent decennial census.
``(2) Selection.--The Secretary shall award assistance to
general purpose local governments under this title on the
basis of need, as determined by the Secretary.''.
SEC. 504. GRANTS.
Section 1006(a) of the Urban Park and Recreation Recovery
Act of 1978 (16 U.S.C. 2505(a)) is amended--
(1) in the first sentence, by striking ``rehabilitation and
innovative'';
(2) in paragraph (1), by striking ``rehabilitation and
innovation''; and
(3) in paragraph (2), by striking ``rehabilitation or
innovative''.
SEC. 505. RECOVERY ACTION PROGRAMS.
Section 1007(a) of the Urban Park and Recreation Recovery
Act of 1978 (16 U.S.C. 2506(a)) is amended--
(1) in the first sentence, by inserting ``development,''
after ``commitments to ongoing planning,''; and
(2) in paragraph (2), by inserting ``development and''
after ``adequate planning for''.
SEC. 506. STATE ACTION INCENTIVES.
Section 1008 of the Urban Park and Recreation Recovery Act
of 1978 (16 U.S.C. 2507) is amended--
(1) in the first sentence, by inserting ``(a) In general.--
'' before ``The Secretary is authorized''; and
(2) by striking the last sentence of subsection (a) (as
designated by paragraph (1)) and inserting the following:
``(b) Coordination With Land and Water Conservation Fund
Activities.--
``(1) In general.--The Secretary and general purpose local
governments are encouraged to coordinate the preparation of
recovery action programs required by this title with
comprehensive statewide outdoor recreation plans or State
action agendas required by section 6 of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l-8) (including
by allowing flexibility in preparation of recovery action
programs so that those programs may be used to meet State and
local qualifications for local receipt of grants under that
Act or State grants for similar purposes or for other
conservation or recreation purposes).
``(2) Considerations.--The Secretary shall encourage States
to consider the findings, priorities, strategies, and
schedules included in the recovery action programs of the
urban localities of the States in preparation and updating of
comprehensive statewide outdoor recreation plans or State
action agendas in accordance with the public participation
and citizen consultation requirements of section 6(d) of the
Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-
8(d)).''.
SEC. 507. CONVERSION OF RECREATION PROPERTY.
Section 1010 of the Urban Park and Recreation Recovery Act
of 1978 (16 U.S.C. 2509) is amended to read as follows:
[[Page S7452]]
``SEC. 1010. CONVERSION OF RECREATION PROPERTY.
``(a) In General.--Except as provided in subsection (b), no
property developed, acquired, improved, or rehabilitated
using funds from a grant under this title shall, without the
approval of the Secretary, be converted to any purpose other
than a public recreation purpose.
``(b) Approval.--
``(1) In general.--The Secretary shall approve the
conversion of property under subsection (a) to a purpose
other than a public recreation purpose only if the grant
recipient demonstrates that no prudent or feasible
alternative exists.
``(2) Applicability.--Paragraph (1) applies to property
that--
``(A) is no longer viable for use as a recreation facility
because of changes in demographics; or
``(B) must be abandoned because of environmental
contamination or any other condition that endangers public
health or safety.
``(c) Conditions.--Any conversion of property under this
section shall satisfy such conditions as the Secretary
considers necessary to ensure the substitution for the
property of other recreation property that is--
``(1) at a minimum, equivalent in fair market value,
usefulness, and location; and
``(2) subject to the recreation recovery action program of
the grant recipient that is in effect as of the date of the
conversion of the property.''.
SEC. 508. TREATMENT OF TRANSFERRED AMOUNTS.
Section 1013 of the Urban Park and Recreation Recovery Act
of 1978 (16 U.S.C. 2512) is amended to read as follows:
``SEC. 1013. FUNDING.
``(a) Treatment of Amounts Transferred From Get Outdoors
Act Fund.--
``(1) In general.--Amounts transferred to the Secretary
under section 9(b)(4) of the Outer Continental Shelf Lands
Act (43 U.S.C. 1338(b)(4)) for a fiscal year shall be
available to the Secretary, without further appropriation, to
carry out this title.
``(2) Unpaid and unobligated amounts.--Any amount described
in paragraph (1) that is not paid or obligated by the
Secretary before the end of the second fiscal year beginning
after the first fiscal year in which the amount is made
available under paragraph (1) shall be reapportioned by the
Secretary among grant recipients under this title.
``(b) Deduction for Administrative Expenses.--For each
fiscal year, the Secretary may deduct, for payment of
administrative expenses incurred by the Secretary in carrying
out this section, not more than 4 percent of the amounts made
available to the Secretary for the fiscal year under
subsection (a).
``(c) Limitations on Annual Grants.--After making the
deduction under subsection (b), of the amounts made available
for a fiscal year under subsection (a)--
``(1) not more than 10 percent may be used for innovation
grants under section 1006;
``(2) not more than 3 percent may be used for grants for
the development of local park and recreation recovery action
programs under subsections (a) and (c) of section 1007; and
``(3) not more than 15 percent, in the aggregate, may be
provided in the form of grants for projects in any 1 State.
``(d) Limitation on Use for Grant Administration.--The
Secretary shall establish a limit on the percentage, not to
exceed 25 percent, of any grant under this title that may be
used for grant and program administration.''.
SEC. 509. REPEAL.
Sections 1014 and 1015 of the Urban Park and Recreation
Recovery Act of 1978 (16 U.S.C. 2513, 2514) are repealed.
Ms. LANDRIEU. Mr. President, I am pleased to join my colleague
Senator Alexander as we introduce this very significant conservation
legislation. The junior Senator from Tennessee has been a long-time
effective advocate for the environment and for conservation, not only
in his own State of Tennessee but for our Nation.
The legislation we introduce today is a new, enhanced version of a
piece of legislation that was introduced several years ago. We believe
it is a very promising approach to launch one of the most significant
conservation efforts ever considered by Congress. The American Outdoors
Act is a landmark multiyear commitment to conservation programs
directly benefiting all 50 States and hundreds of local communities. It
creates a conservation royalty derived from the production of oil and
gas on the Outer Continental Shelf and directs it toward the
restoration of coastal wetlands, preservation of wildlife habitat, and
it helps build and maintain local and State parks for our children, our
children's children, for generations to come.
By enacting this legislation, we will make the most significant
commitment of Federal resources to conservation ever and ensure a
positive legacy of protecting and enhancing critical wildlife habitat,
estuaries, marshlands, mountain ranges, open green spaces, and expanded
recreational opportunity for Americans today and generations to come.
The legislation builds on a great and notable effort made during the
106th Congress that was supported by Governors, mayors, and a coalition
of over 5,000 organizations throughout the country. Unfortunately,
despite our bipartisan and very deep and widespread support, our
efforts were cut short before a final bill could be signed into law.
Instead, a commitment was made by those who opposed the legislation
last time to guarantee funding for these programs. And unfortunately,
we all know the story and the outcome of those promises.
As we have painfully witnessed since then, these programs have not
only been reduced, some of them have been eliminated completely, and
are terribly underfunded in terms of the critical needs that are
presented to us today.
What has happened is exactly what those of us who initiated the
effort always anticipated. Each of these significant programs has been
shortchanged and a number of them have been left out altogether or
forced to compete with each other for Federal resources.
The legislation we are introducing today provides reliable,
significant, and steady funding for the urgent and worthy conservation
and outdoor recreation needs of our states and rapidly growing urban
areas. What makes more sense than to take a portion of revenues from a
depleting capital asset of the Nation--offshore Federal oil and gas
resources--and reinvest them into sustaining the natural resources of
our Nation: wetlands; parks and recreation areas and wildlife.
The Americans Outdoors Act dedicates assured funding for four
distinct programs and honors promises made long ago to the American
people. The four programs include:
Coastal impact assistance--$500 million to oil and gas producing
coastal States to mitigate the various impacts of States that serve as
the ``platform'' for the crucial development of Federal offshore energy
resources from the Outer Continental Shelf as well as provide for
wetland restoration. This program merely acknowledges the impacts to
and contribution of States that are providing the energy to run our
country's economy. The Outer Continental Shelf supplies 25 percent of
our Nation's oil consumption, more than any other country including
Saudi Arabia, with the promise of more, expected to reach 40 percent by
2008. Since this frontier was officially opened to significant oil and
gas exploration in 1953, no single region has contributed as much to
the nation's energy production as the OCS. The OCS accounts for more
than 25 percent of our Nation's natural gas and oil production. With
annual returns to the Federal Government averaging $5 billion annually,
no single area has contributed as much to the Federal Treasury as the
OCS. In fact, since 1953, the OCS has contributed $140 billion to the
U.S. Treasury. Allocation to States would be based on their proximity
to production. Thirty-five percent of the State's allocation would be
shared with coastal political subdivisions based on a formula of 50
percent proximity to production, 25 percent miles of coastline and 25
percent coastal population;
$450 million for the State side of the Land and Water Conservation
Fund, LWC, to provide stable funding to States for the planning and
development of State and local parks and recreation facilities. The
allocation to States would be 60 percent equally among all 50 States
and 40 percent based on relative population. This program provides
greater revenue certainty for State and local governments to help them
meet their recreational needs through recreational facility development
and resource protection--all under the discretion of State and local
authorities while protecting the rights of private property owners;
Wildlife conservation, education and restoration--$350 million is
allocated to all 50 States through the successful program of Pittman-
Robertson for the conservation of nongame and game species, with the
principal goal of preventing species from becoming endangered or listed
under the Endangered Species Act. By taking steps now to prevent
species from becoming endangered we are able to not only conserve the
significant cultural heritage of wildlife enjoyment for the people of
[[Page S7453]]
this country, but also avoid the substantial costs associated with
recovery for endangered species. Allocations to States would be based
on a formula of \2/3\ relative population and \1/3\ relative land area;
and
The Urban Parks and Recreation Recovery Program, UPARR--$125 million
in the form of matching grants, 70 percent to provide direct assistance
to our cities and towns so that they can focus on the needs of their
populations within the more densely inhabited areas around the country
where there are fewer green-spaces, playgrounds and soccer fields for
our youth.
I would also like to acknowledge our interest in several programs
that are not part of this initial package but will be considered as the
bill moves through the process. For example, the Federal side of the
Land and Water Conservation Fund which focuses primarily on Federal
land acquisition. The goal of the Federal side of the LWCF was to share
a significant portion of revenues from offshore development with States
to provide for protection and public use of the natural environment. It
is our intention to discuss this program with our colleagues on the
Senate Energy and Natural Resources Committee with the goal of
developing a compromise that will garner broad support. In addition,
other worthy programs that are not part of the legislation we are
introducing today but ideally would be part of a larger more
comprehensive effort include Historic Preservation, Payment in Lieu of
Taxes, PILT, and the Forest Legacy program.
While we confront a time of war, budget deficits and a struggling
economy, setting aside a portion of oil and gas royalties to our states
and localities for initiatives such as outdoor spaces or recreation
facilities for our children to play could not be more crucial. Programs
such as the State side of the Land and Water Conservation Fund are in
fact the economic stimulus that our States and cities need in these
times. The time has come to take the proceeds from a non-renewable
resource for the purpose of reinvesting a portion of these revenues in
the conservation and enhancement of our renewable resources. To
continue to do otherwise, as we have over the last 50 years, is
fiscally irresponsible.
As I said, the legislation we introduce today, therefore, provides a
reliable, significant, and steady stream of funding that cannot be
manipulated or tampered with at the whim of this or that, but will be
there for conservation efforts that our local communities and States
can count on to provide this great legacy and heritage for our
grandchildren.
What makes more sense than taking a portion of the offshore oil and
gas revenues that have generated almost $130 billion since the first
well was drilled off of our shore on the Continental Shelf almost 100
years ago? What would make more sense than taking a small portion of
that money and giving it back to the environment, back to our mountain
ranges, to our marshes, to our coastal areas, protecting and preserving
our great land for generations to come? The American Outdoors Act does
exactly that.
It dedicates and assures funding for four distinct programs: Coastal
impact assistance, of which Louisiana and other coastal States would
benefit. Of course, we are proud to serve as oil and gas producers,
helping us secure our energy independence from foreign sources,
providing much critical feedstock, if you will, for our energy industry
in the State, and expanding our economic opportunities. Because we
produce so much oil and gas, we would deserve help with our vanishing
coastline.
In addition, the other segment of this bill would fund the Land and
Water Conservation Fund State side. As the Senator from Tennessee
noted, he and I are firmly committed to also providing support and full
funding for the Federal side of land and water, as this bill moves
through the process.
Wildlife conservation, education, and restoration would be fully
funded. That helps all of our States. The Urban Parks and Recreation
Program, which has been so critical for quality-of-life issues and
economic development in our cities, in our suburbs, our urban centers,
would also be funded.
Time is not on our side. While other issues might be able to wait and
other issues could maybe be funded gradually over time, for every month
we delay, for every year we delay, we lose acres and acres, miles and
miles of land we will never be able to recover.
Louisiana itself is literally washing away. We have lost the size of
the State of Rhode Island off our coast in the last 100 years. If some
foreign country attacked our country and tried to take a portion of
land away from us, we would fight with every strength and every tool
and every resource available. But we stand here literally in some ways
twiddling our thumbs while this land is washed away into the Gulf of
Mexico. And not just any land but very productive land and very
necessary land, not just for Louisiana but for the entire United
States.
I close with a quote from Teddy Roosevelt because it is appropriate.
He was a great conservation President. Over 100 years ago he started
many programs. I love taking my children to Theodore Roosevelt Island.
We ride our bikes over there. I love telling them the story of Teddy
Roosevelt.
I explain many stories about what he did, hunting in Louisiana, the
history of the black bear, et cetera.
In his autobiography he wrote of his experiences in Coastal
Louisiana:
And to lose the chance to see frigate birds soaring in
circles above the storm or, a file of pelicans winging their
way homeward across the crimson afterglow of the sunset, or a
myriad of terns flashing in the bright light of midday as
they hover in a shifting maze above the beach, why, the loss
is like the loss of a gallery of masterpieces of the artists
of old time.
This is what he said when he recalled his trip to Breton Island
Sound, the second of over 540 national wildlife heritage areas
designated in the last 100 years. The land in this picture is gone. It
no longer exists because we have twiddled our thumbs for almost 100
years.
Today we introduce a bill to stop us from twiddling our thumbs,
direct our resources, get serious about conservation, serious about the
taxpayer money, and do something with it that the overwhelming majority
of the taxpayers would stand up and cheer, if they had the chance to
vote on it.
I thank the Chair. It will be a pleasure working with the Senator
from Tennessee as we lead this great effort.
______
By Mr. CONRAD (for himself and Mr. Dorgan):
S. 2592. A bill to provide crop and livestock disaster assistance; to
the Committee on Agriculture, Nutrition, and Forestry.
Mr. CONRAD. Mr. President, today I am joined by my colleague from
North Dakota, Senator Dorgan, in introducing legislation intended to
address the twin natural disasters that are threatening the livelihoods
of farmers and ranchers across our State.
For much of North Dakota, the year began with great promise. Record
high crop and livestock prices offered the potential for much needed
improvement in farm income for producers throughout the State. The
stage was set for increased returns from the marketplace, and a
corresponding reduction in current costs under the 2002 Farm Bill.
Then Mother Nature intervened.
In early May, just as fieldwork was set to begin in earnest, many
farmers in the northern part of the State were hit with a late snowfall
and continued, unseasonably cool weather. That was followed by weeks of
repeated rains, sometime several inches at a time. The deluge, and
continued low temperatures, left fields soggy or underwater, and
delayed and eventually prevented the planting of crops across huge
swaths of the northern and northeastern part of the state, generating
numerous reports of farmers being forced to abandon one-third, one-
half, and even more of their crop ground.
As one hard struck farmer described the situation to me:
Our 2004 crop is late again, due to cold wet ground since
May 10. Heavy snow on May 11 and 12 and continuous rain is
delaying all field work. If we don't get some help we will be
forced to sell out. Input costs--fuel, fertilizer, and
repairs never end. We haven't been able to seed a kernel of
grain yet for 2004 due to too much water.
In the southwestern corner of North Dakota, the problem faced by
livestock producers is just the opposite. Conditions are bone dry, and
even though it's relatively early in the season, the land is parched,
thanks to virtually no moisture since the start of the year and the
lingering effect of a drought that has robbed the land of subsoil
[[Page S7454]]
moisture and that, for many producers, goes back two years or more.
Here's how one rancher explained what he's up against:
I am a registered Angus Producer in SW North Dakota. Our
moisture situation is bad. We have had approximately 1" of
rain all spring if you count all the little showers together.
The cool weather is the only thing that has saved what little
forage there is in the pasture. There will be no hay crop and
that includes trying to hay the ditches.
Another one wrote me:
I live in rural Sioux County North Dakota. I am a rancher.
The drought situation is getting very serious. I am looking
for options as far as feed & pasture for my cattle, but
haven't found any yet. I have sold nearly half of my cattle
since the dry conditions started in 2002. We appreciate any
and all help that you can give us. This is cow country & I
think we need to retain as much of our cattle numbers as we
can.
These producers need real help and they need it urgently. That's why
the bill I am introducing today follows closely the outline of disaster
assistance legislation enacted in recent years, all in an effort to
speed the delivery of crop and livestock assistance to those who
livelihoods hang in the balance.
The essential provisions of the ``Agricultural Assistance Act of
2004'' are as follows:
First, in the case of crop losses, eligibility for assistance would
be triggered by production losses exceeding 35 percent of normal
yields. Under the bill, producers who had purchased crop insurance--
which under the best of options covers only a portion of normal
yields--would receive a payment equal to 50 percent of the
``established price'' for the crop. Those who did not purchase crop
insurance would receive a payment equal to just 40 percent of the
established price, and would be required to purchase crop insurance for
each of the following two crop years. Assistance to individual
producers would be limited as provided in previously-enacted disaster
bills.
In the case of ranchers suffering grazing losses of 40 percent or
more during three consecutive months, they would be eligible for
payments to help defray the cost of purchasing feed. Payments under
this program would similarly be limited as provided in past
legislation.
Finally, I think it is important that in providing this assistance,
we reinforce crop insurance as the foundation for agricultural risk
management. This bill would do that. First, by not penalizing--as
previous legislation did--those who had purchased crop insurance at
higher coverage levels, and second, by decreasing the payment to those
who purchased no crop insurance at all.
The natural disasters facing our farmers and ranchers demand
immediate attention, and I urge the Congress, and the President, to
act.
______
By Mr. LIEBERMAN:
S. 2594. A bill to reduce health care disparities and improve health
care quality, to improve the collection of racial, ethnic, primary
language, and socio-economic determination data for use by healthcare
researchers and policymakers, to provide performance incentives for
high performing hospitals and community health centers, and to expand
current Federal programs seeking to eliminate health disparities; to
the Committee on Finance.
Mr. LIEBERMAN. Mr. President, our Nation wrestles with a medical
mystery that affects the health and very lives of millions of Americans
every year: Why do patients with similar ailments have such disparate
outcomes?
Albert Einstein once said: ``I cannot believe that God plays dice
with the world.'' I would never quibble with Einstein. And besides, I
strongly believe that myself.
I also believe we should aspire to that ideal in the earthly
institutions we create, like our health care system. Medical outcomes
should not be a matter of luck. Treatment should be as predictable and
equal as possible within the bounds of science and human fallibility.
But that is not the system we have today. Study after study shows
that we have created a health care casino where the quality of care
seems to have as much to do with the luck of the dice as anything else.
In America, good medical care for all should be a given--not a
gamble.
That is why today I am introducing legislation I call FairCare.
FairCare will give us the tools we need to begin eliminating these
across-the-board problems of medical disparities among patients with
identical ailments.
In the broadest sense, we know we have two problems--quality of care
and disparity of care. While these problems are distinct and separate--
solving either will help solve both.
Let me dramatize the kind of odds we are talking about when a patient
enters the healthcare system. I would ask my colleagues to imagine for
a moment that they are in a casino, rolling dice and need a five or a
nine to win. The odds of you winning with either of those numbers is
about 60 percent. Of course, that means you have a 40 percent chance of
losing.
Now, if you enjoy gambling--and are not betting a lot of money--maybe
that's fun. But would you bet your house on those odds? Or your
children's college fund? Or your health--or your life?
Well, the odds in our imaginary dice game are the precise odds we
send people into the health care system every day.
A recent study reported in the New England Journal of Medicine said
that about 40 percent of patients reported medical errors in the care
of either themselves or a loved one. The cost of these mistakes is
staggering. Between 44,000 and 100,000 people die each year because of
those medical mistakes.
To put those shocking numbers in perspective, imagine if you will
that our nation experienced a day like September the 11th, at least
twice a month, every month--for a year.
Overall, the cost of not getting it right the first time represents a
yearly loss to the national economy of $17 to $29 billion. This is due
largely to the medical complications that must be treated down the line
because of the initial medical errors, as well as lost wages and
productivity.
Now, while most Americans have problems finding high-quality health
care at a reasonable cost, racial and ethnic minorities fare the worst.
Medical studies also show that:
When actors portrayed patients with identical complaints of chest
pain, women and African Americans were 40 percent less likely to have
their complaints taken seriously and be referred for further diagnostic
tests.
Hispanics with asthma are almost twice as likely as white patients to
face largely-avoidable emergency rooms visits or have the illness limit
their daily activities.
Infants born to American Indians and Alaskan Natives are twenty-five
percent more likely than the national average to die in the first year
of life.
Asian American women are 20 percent less likely to get life-saving
screening exams for cervical cancer than white women.
And many of these disparities persist, even when factors like income
and access to health care are taken into account. Why is this? The
answer is: We don't exactly know. But it is clear that we do not have a
color blind healthcare system. And unequal treatment is Un-American. We
cannot tolerate it. Rather, we must understand it, confront it, and fix
it.
Besides, solving this medical mystery for the most severely affected
minority groups will improve healthcare for everyone else as well. In
other words, if we can dramatically increase the quality of medical
care, unfair disparities will decline and all will benefit.
The clues to solving the problems of both medical quality and
healthcare disparities are there. We just have to go find them. That
will require gathering crucial information that will help us clearly
identify the problems. Then we can help finance the solutions that will
cure them.
That's why we need FairCare.
To begin, we need data--we need to see where we have quality problems
and where we have disparities in care. FairCare will bring the medical
and patient communities together to help us better measure healthcare
quality in a scientific way that will give us our first comprehensive
glimpse of where the problems lie.
Once glimpsed, FairCare can begin to fund improvement efforts
developed by local hospitals and community health centers that fit the
needs of their local neighborhoods. FairCare will use the reach and
resources of Medicare to reward hospitals that improve quality and
reduce disparities.
[[Page S7455]]
In recent testimony before the House Ways and Means Subcommittee on
Health Care, Glenn Hackbarth, Chairman of Medicare Payment Advisory
Commission, said he agreed with this approach. ``It is time for
Medicare to take the next step in quality improvement and put financial
incentives for quality directly into its payment systems,'' he said.
Under FairCare, community health centers not part of the Medicare
system will be eligible for grants and bonuses. In other words,
FairCare is a carrots program, not a sticks program--it rewards
hospitals and health centers that perform--that make progress in
implementing quality healthcare and reducing healthcare disparities.
We will also provide tax relief to help FairCare providers cover the
cost of their malpractice insurance.
Taken together, FairCare will give our most overburdened and
financially strapped healthcare providers--that act to deliver quality
medicine--the help they need to give their communities the help they
need. And when they succeed, we will all win. When they succeed, good
medical care for all will be a given--not a gamble.
Just as God does not play dice with the world, we will no longer play
dice with the lives of our most vulnerable--the sick and the ailing.
Mr. President, I ask unanimous consent that the text of the bill and
statements of support be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
S. 2594
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 ``Faircare
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. Definitions.
TITLE I--DEMOGRAPHIC DATA COLLECTION
Sec. 101. Data on race, ethnicity, highest education level attained,
and primary language.
Sec. 102. Revision of HIPAA claims standards.
TITLE II--IMPROVED COLLECTION OF QUALITY DATA
Sec. 201. Authority of Agency for Healthcare Research and Quality.
``Part C--Improved Collection of Quality Data
``Sec. 921. General authority of the Agency to determine measures.
``Sec. 922. Use of hospital-specific measures.
``Sec. 923. Outpatient-specific measures.
``Sec. 924. Ranking of measures.
``Sec. 925. Advisory Committee on Quality.
``Sec. 926. Updates of conditions.
``Sec. 927. Reporting of measures.
``Sec. 928. Voluntary submission of data.
``Sec. 929. Authorization of appropriations.
Sec. 202. Office of national healthcare disparities and quality.
TITLE III--FAIRCARE HOSPITAL PROGRAM
Sec. 301. Faircare hospital program.
Sec. 302. Technical assistance grants.
TITLE IV--COMMUNITY HEALTH CENTERS.
Sec. 401. Authority of Bureau of Primary Health Care to develop new
reporting standards.
Sec. 402. Faircare designation for health centers.
Sec. 403. Grants for technical assistance.
Sec. 404. Health disparity collaboratives.
TITLE V--REACH 2010
Sec. 501. Expansion of REACH 2010
TITLE VI--MALPRACTICE INSURANCE RELIEF
Sec. 601. Refundable tax credit for the cost of malpractice insurance
for certain providers.
Sec. 602. Grants to non-profit hospitals.
Sec. 603. Grants for research into quality of care and medical errors.
Sec. 604. Authorization of appropriations.
SEC. 2. FINDINGS.
(a) Evidence of Healthcare Disparities.--With respect to
evidence of healthcare disparities, Congress makes the
following findings:
(1) Healthcare disparities affect the lives, health, and
livelihood of Americans, and increase the overall cost of
health care in the United States.
(2) Minority patients with chronic diseases have been found
less likely to receive the necessary services required to
manage effectively these illnesses, such as routine blood
pressure checks or eye examinations, and are less likely to
receive treatments to cure these conditions, such as heart
surgeries or kidney transplants.
(3) Studies have shown that non-English speaking patients
report more satisfaction with health encounters and have
better health outcomes after encounters with healthcare
providers who speak their primary language.
(4) The Institute of Medicine's report ``In the Nation's
Compelling Interest'', concluded that racial and ethnic
minority healthcare providers are significantly more likely
than their white peers to serve minority and medically
underserved communities, thereby helping to improve problems
of limited minority access to care.
(5) Data from the National Center for Health Statistics
demonstrates that minorities are less likely to receive
routine cancer screenings even when they do have health
insurance and access to healthcare providers, and once
diagnosed with cancer, elderly minority patients are also
less likely to receive appropriate treatment for pain
associated with cancer.
(b) Evidence of Inconsistencies in Healthcare Quality.--
With respect to evidence of inconsistencies in healthcare
quality, Congress makes the following findings:
(1) Inconsistent healthcare quality threatens the health of
all Americans regardless of race, ethnicity, or socio-
economic status.
(2) Studies by the RAND Corporation have shown that all
patients in the United States have only a 55 percent
possibility of receiving clinically appropriate care in the
healthcare setting, despite the fact that the United States
spends twice as much as other industrialized countries on
health care.
(3) The control of hypertension is essential to reducing
mortality from heart disease, stroke, and diabetes
complications, yet, only 23 percent of Americans with
hypertension are adequately treated.
(4) About 1 in 5 elderly Americans are prescribed
inappropriate medications.
(5) Only 21 percent of Americans with diabetes get all
recommended checkups.
(6) One of the safest, simplest, and most cost-effective
ways to reduce cancer morbidity and mortality is to increase
screening rates for selected cancers including colorectal
cancers, yet, less than half of men and women over the age of
50 report screening for colorectal cancers.
(7) In the United States, over 1/4 of infants and toddlers
of all races and ethnicities do not receive all recommended
vaccines.
(8) Breakthroughs in treatments have enabled more patients
to survive and live better, yet too many of these treatments
are not being administered to all those who can benefit from
them.
SEC. 3. DEFINITIONS.
In this Act:
(1) Health disparity populations.--The term ``health
disparity populations'' has the meaning given that term in
section 485E(d) of the Public Health Service Act (42 U.S.C.
287c-31(d)).
(2) Racial and ethnic minority.--The term ``racial and
ethnic minority'' has the meaning given the term ``racial and
ethnic minority group'' in section 1707(g)(1) of the Public
Health Service Act (42 U.S.C. 300u-6(g)(1)).
TITLE I--DEMOGRAPHIC DATA COLLECTION
SEC. 101. DATA ON RACE, ETHNICITY, HIGHEST EDUCATION LEVEL
ATTAINED, AND PRIMARY LANGUAGE.
(a) Purpose.--It is the purpose of this section to promote
data collection and reporting by race, ethnicity, highest
education level attained, and primary language among
federally supported health programs.
(b) Amendment.--Part B of title II of the Public Health
Service Act (42 U.S.C. 238 et seq.) is amended by adding at
the end the following:
``SEC. 249. DATA ON RACE, ETHNICITY, HIGHEST EDUCATION LEVEL
ATTAINED, AND PRIMARY LANGUAGE.
``(a) Requirements.--
``(1) In general.--Each health-related program operated by
or that receives funding or reimbursement, in whole or in
part, either directly or indirectly from the Department of
Health and Human Services shall, in accordance with the
schedule described in subsection (e)--
``(A) require the collection, by the agency or program
involved, of data on the race, ethnicity, highest education
level attained, and primary language of each applicant for
and recipient of health-related assistance under such
program--
``(i) using, at a minimum, the categories for race and
ethnicity described in the 1997 Office of Management and
Budget Standards for Maintaining, Collecting, and Presenting
Federal Data on Race and Ethnicity;
``(ii) using the standards developed under subsection (d)
for the collection of language data;
``(iii) where practicable, collecting data for additional
population groups if such groups can be aggregated into the
minimum race and ethnicity categories as defined by the
Office of Management and Budget; and
``(iv) where practicable, through self-reporting;
``(B) with respect to the collection of the data described
in subparagraph (A) for applicants and recipients who are
minors or otherwise legally incapacitated, require that--
``(i) such data be collected from the parent or legal
guardian of such an applicant or recipient; and
``(ii) the preferred language of the parent or legal
guardian of such an applicant or recipient be collected; and
[[Page S7456]]
``(C) ensure that the provision of assistance to an
applicant or recipient of assistance is not denied or
otherwise adversely affected because of the failure of the
applicant or recipient to provide race, ethnicity, highest
education level attained, and primary language data.
``(2) Rule of construction.--Nothing in this subsection
shall be construed to permit the use of information collected
under this subsection in a manner that would adversely affect
any individual providing any such information.
``(b) Protection of Data.--The Secretary shall ensure
(through the promulgation of regulations or otherwise) that
all data collected pursuant to subsection (a) is protected--
``(1) under the same privacy protections as the Secretary
applies to other health data under the regulations
promulgated under section 264(c) of the Health Insurance
Portability and Accountability Act of 1996 (Public Law 104-
191; 110 Stat. 2033) relating to the privacy of individually
identifiable health information and other protections; and
``(2) from all inappropriate internal use by any entity
that collects, stores, or receives the data, including use of
such data in determinations of eligibility (or continued
eligibility) in health plans, and from other inappropriate
uses, as defined by the Secretary.
``(c) Compliance with Standards.--Data collected under
subsection (a) shall be obtained, maintained, and presented
(including for reporting purposes) in accordance with, at a
minimum, the 1997 Office of Management and Budget Standards
for Maintaining, Collecting, and Presenting Federal Data on
Race and Ethnicity.
``(d) Language Collection Standards.--Not later than 1 year
after the date of enactment of this section, the Director of
the Office of Minority Health, in consultation with the
Office for Civil Rights of the Department of Health and Human
Services, shall develop and disseminate Standards for the
Classification of Federal Data on Preferred Written and
Spoken Language.
``(e) Schedule of Compliance.--Data collection under
subsection (a) shall be required within the following time
periods:
``(1) With respect to medicare-related data (under title
XVIII of the Social Security Act), such data shall be
collected not later than 2 years after the date of enactment
of this section, including data related to--
``(A) the Medicare Hospital Quality Initiative;
``(B) the Center for Medicare and Medicaid Services
Abstraction or Reporting Tools (referred to in this section
as `CART');
``(C) all CART equivalent private databases used to submit
data for the Medicare Hospital Quality Initiative or medicare
billing (including data for both medicare and non-medicare
patients); and
``(D) all medicare billing communications.
``(2) With respect to data that is not currently mandated
or collected and reported by the medicaid and State
Children's Health Insurance Program (under titles XIX and XXI
of the Social Security Act), such data shall be collected not
later than 4 years after the date of enactment of this
section.
``(3) With respect to data relating to biomedical and
health services research that is described in subsection (a),
such data shall be collected not later than 6 years after the
date of enactment of this section.
``(4) With respect to data relating to all other programs
described in subsection (a), such data shall be collected not
later than 6 years after the date of enactment of this
section.
``(f) Technical Assistance for the Collection and Reporting
of Data.--
``(1) In general.--The Secretary may, either directly or
through grant or contract, provide technical assistance to
enable a healthcare program or an entity operating under such
program to comply with the requirements of this section.
``(2) Types of assistance.--Assistance provided under this
subsection may include assistance to--
``(A) enhance or upgrade information technology that will
facilitate race, ethnicity, highest education level attained,
and primary language data collection and analysis;
``(B) improve methods for health data collection and
analysis including additional population groups beyond the
Office of Management and Budget categories if such groups can
be aggregated into the minimum race and ethnicity categories;
``(C) develop mechanisms for submitting collected data
subject to existing privacy and confidentiality regulations;
and
``(D) develop educational programs to inform health
insurance issuers, health plans, health providers, health-
related agencies, and the general public that data collection
and reporting by race, ethnicity, and preferred language are
legal and essential for eliminating health and healthcare
disparities.
``(g) Grants for Data Collection by Community Health
Centers and Hospitals.--
``(1) In general.--The Secretary, in consultation with the
Administrator of the Centers for Medicare & Medicaid Services
and the Administrator of the Health Resources and Services
Administration, is authorized to award grants for the conduct
of 100 demonstration programs, 50 percent of which shall be
conducted by community health centers and 50 percent of which
shall be conducted by hospitals, to enhance the ability of
such centers and hospitals to collect, analyze, and report
the data required under subsection (a).
``(2) Eligibility.--To be eligible to receive a grant under
paragraph (1), a community health center or hospital shall--
``(A) prepare and submit to the Secretary an application at
such time, in such manner, and containing such information as
the Secretary may require; and
``(B) provide assurances that the community health center
or hospital will use, at a minimum, the racial and ethnic
categories and the standards for collection described in the
1997 Office of Management and Budget Standards for
Maintaining, Collecting, and Presenting Federal Data on Race
and Ethnicity and available standards for language.
``(3) Activities.--A grantee shall use amounts received
under a grant under paragraph (1) to--
``(A) collect, analyze, and report data by race, ethnicity,
highest education level attained, and primary language for
patients served by the hospital (including emergency room
patients and patients served on an outpatient basis) or
community health center;
``(B) enhance or upgrade computer technology that will
facilitate racial, ethnic, highest education level attained,
and primary language data collection and analysis;
``(C) provide analyses of disparities in health and
healthcare, including specific disease conditions, diagnostic
and therapeutic procedures, or outcomes;
``(D) improve health data collection and analysis for
additional population groups beyond the Office of Management
and Budget categories if such groups can be aggregated into
the minimum race and ethnicity categories;
``(E) develop mechanisms for sharing collected data subject
to privacy and confidentiality regulations;
``(F) develop educational programs to inform health
insurance issuers, health plans, health providers, health-
related agencies, patients, enrollees, and the general public
that data collection, analysis, and reporting by race,
ethnicity, and preferred language are legal and essential for
eliminating disparities in health and healthcare; and
``(G) develop quality assurance systems designed to track
disparities and quality improvement systems designed to
eliminate disparities.
``(4) Community Health Center; Hospital.--In this
subsection:
``(A) Community health center.--The term `community health
center' means a Federally qualified health center as defined
in section 1861(aa)(4) of the Social Security Act.
``(B) Hospital.--The term `hospital' means a hospital
participating in the prospective payment system under section
1886 of the Social Security Act and that is submitting
quality indicators data in accordance with section
1886(b)(3)(B)(vii)(II) of the Social Security Act.
``(h) Definition.--In this section, the term `health-
related program' means a program--
``(1) under the Social Security Act (42 U.S.C. 301 et seq.)
that pays for healthcare and services; and
``(2) under this Act that provides Federal financial
assistance for healthcare, biomedical research, health
services research, and other programs designated by the
Secretary.
``(i) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section, $50,000,000 for
fiscal year 2005, and such sums as may be necessary for each
of fiscal years 2006 through 2015.''.
SEC. 102. REVISION OF HIPAA CLAIMS STANDARDS.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Health and Human
Services shall revise the regulations promulgated under part
C of title XI of the Social Security Act (42 U.S.C. 1320d et
seq.), as added by the Health Insurance Portability and
Accountability Act of 1996 (Public Law 104-191), relating to
the collection of data on race, ethnicity, highest education
level attained, and primary language in a health-related
transaction to require--
(1) the use, at a minimum, of the categories for race and
ethnicity described in the 1997 Office of Management and
Budget Standards for Maintaining, Collecting, and Presenting
Federal Data on Race and Ethnicity;
(2) the establishment of new data code sets for highest
education level attained and primary language; and
(3) the designation of the racial, ethnic, highest
education level attained, and primary language code sets as
``required'' for claims and enrollment data.
(b) Dissemination.--The Secretary of Health and Human
Services shall disseminate the new standards developed under
subsection (a) to all health entities that are subject to the
regulations described in such subsection and provide
technical assistance with respect to the collection of the
data involved.
(c) Compliance.--Not later than 1 year after the final
promulgation of the regulations developed under subsection
(a), the Secretary of Health and Human Services shall require
that health entities comply with such standards.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section, such sums as
may be necessary for each of fiscal years 2005 through 2015.
[[Page S7457]]
TITLE II--IMPROVED COLLECTION OF QUALITY DATA
SEC. 201. AUTHORITY OF AGENCY FOR HEALTHCARE RESEARCH AND
QUALITY.
Title IX of the Public Health Service Act (42 U.S.C. 299 et
seq.) is amended--
(1) by redesignating part C as part D;
(2) by redesignating sections 921 through 928, as sections
931 through 938, respectively;
(3) in section 938(1) (as so redesignated), by striking
``921'' and inserting ``931''; and
(4) by inserting after part B the following:
``PART C--IMPROVED COLLECTION OF QUALITY DATA
``SEC. 921. GENERAL AUTHORITY OF THE AGENCY TO DETERMINE
MEASURES.
``(a) In General.--The Agency, in consultation with the
Centers for Medicare & Medicaid Services, the Health
Resources and Services Administration, the Office for Civil
Rights of the Department of Health and Human Services, and
the Office of Minority Health, shall have the authority to
develop a new set of quality measures for each of the most
common treatment settings. Such settings shall include, but
not be limited to, hospitals, outpatient facilities,
community health centers, long term care facilities, and
other independent health care facilities.
``(b) Requirements.--The quality measures developed under
subsection (a) shall--
``(1) as closely as possible reflect the healthcare
priority areas determined by the Institute of Medicine, the
National Quality Forum, the Quality Initiative, and other
healthcare quality and health care disparity organizations as
determined by the Secretary;
``(2) reflect the Institute of Medicine's goal of
inclusiveness, improvability, and impact, addressing
pervasive health and healthcare problems that produce a high
level of morbidity and mortality, that disproportionally
affect health disparity populations, and that have the
potential for improvement with the consistent application of
proven medical interventions; and
``(3) where practical, employ process measures of care.
``SEC. 922. USE OF HOSPITAL-SPECIFIC MEASURES.
``(a) Development.--
``(1) In general.--The Agency, in conjunction with the
Centers for Medicare & Medicaid Services, shall develop a set
of hospital quality measures.
``(2) Use.--The Secretary shall ensure that the Hospital
Quality Initiative and the Robust Project Measures of the
Centers for Medicare & Medicaid Services, and other Centers
for Medicare & Medicaid Services directed quality initiatives
use the hospital quality measures developed under paragraph
(1).
``(b) Submission.--The information required under the
measures developed under subsection (a) shall be submitted in
accordance with section 1886(b)(3)(B)(vii) except that any
reference to `2007' shall be deemed to be a reference to
`2015'.
``SEC. 923. OUTPATIENT-SPECIFIC MEASURES.
``(a) In General.--The Agency, in conjunction with the
Bureau of Primary Health Care within the Health Resources and
Services Administration, shall develop a set of outpatient
quality measures. Such measures may be used as a supplement
to existing demographic or quality reporting instruments or
other quality reporting instruments utilized by the Health
Resources and Services Administration.
``(b) Voluntary Submission.--Submission of the
supplementary information required under the measures
developed under subsection (a) shall be voluntary.
``(c) Discretionary Use.--The measures developed under
subsection (a) may be used as appropriate by the Hospital
Quality Initiative and the Robust Project Measures and other
Centers for Medicare & Medicaid Services-directed quality
initiatives.
``SEC. 924. RANKING OF MEASURES.
``The Agency shall--
``(1) determine which of the quality measures developed
under this part have the greatest potential to remedy
healthcare disparities;
``(2) rank such quality measures according to such
potential; and
``(3) rank such quality measures separately as applicable
to hospitals and outpatients.
``SEC. 925. ADVISORY COMMITTEE ON QUALITY.
``(a) In General.--The Agency shall establish an Advisory
Committee on Quality (referred to in this section as the
`Advisory Committee') to recommend quality indicators for all
quality data sets developed under this section. The Agency
may designate a governmental or nongovernmental committee
existing on the date of enactment of this part to serve as
the Advisory Committee so long as the membership requirements
of subsection (b) are complied with.
``(b) Membership.--The Advisory Committee shall be composed
of not less than 10 members, including--
``(1) the Director;
``(2) the Administrator of the Centers for Medicare &
Medicaid Services;
``(3) the Director of the Centers for Disease Control and
Prevention;
``(4) the Administrator of the Health Resources and
Services Administration;
``(5) the Director of the Office of Minority Health of the
Department of Health and Human Services;
``(6) the Director of the Office for Civil Rights of the
Department of Health and Human Services;
``(7) the Director of the Indian Health Service;
``(8) the chairperson of the Institute of Medicine National
Roundtable on Healthcare Quality or other representatives of
the Institute of Medicine;
``(9) the chairperson of the National Quality Forum;
``(10) the Director of the Joint Commission on
Accreditation of Healthcare Organizations;
``(11) a representative of the Quality Initiative; and
``(12) other members to be appointed by the Secretary to
represent other private, public, and non-profit stakeholders
from medicine, healthcare, patient groups, and academia, who
shall serve for a term of 3 years, and shall include a mix of
different professions and broad geographic and culturally
diverse representation
``(c) Duties.--The Advisory Committee shall--
``(1) for each 3 year period beginning with fiscal year
2005, report to the Agency recommendations of quality
indicators for all quality data sets described in this part;
``(2) in making the recommendations described in paragraph
(1), focus on how best to integrate the findings of the
Institute of Medicine, the National Quality Forum, the
Quality Initiative, and other healthcare quality and
healthcare disparity organizations as determined by the
Secretary into quality measures that can be used in carrying
out sections 922 and 923; and
``(3) address issues of continuity of care between
ambulatory care and inpatient settings to the maximum extent
practicable.
``SEC. 926. UPDATES OF CONDITIONS.
``(a) In General.--At least once during every 3-year period
beginning in fiscal year 2006, the Secretary shall direct the
Agency to update the list of measures as described in
sections 922 and 923. Such updates shall be based on
recommendations of the Advisory Committee established under
section 925 and determined in consultation with the Centers
for Medicare & Medicaid Services and the Health Resources and
Services Administration.
``(b) Requirement.--For each period in which an update is
undertaken under subsection (a), the Agency shall ensure that
the recommendations referred to such subsection include
measures for at least 4 additional conditions identified by
the Institute of Medicine National Roundtable on Healthcare
Quality, or measures developed by other healthcare disparity
or healthcare quality organizations as determined by the
Secretary, and not addressed by the quality reporting
initiatives administered by the Secretary on the date of
enactment of this part. The requirement of this section shall
apply until there are measures for all Institute of Medicine
priority areas.
``SEC. 927. REPORTING OF MEASURES.
``(a) In General.--Not later than 5 years after the date of
enactment of the Faircare Act, the Secretary shall enter into
a contract with the Institute of Medicine to produce a report
on the effectiveness of the quality measures developed by the
Agency under this part in accurately assessing the quality of
healthcare and healthcare disparities present in hospitals,
community health centers, and other appropriate health care
settings. Such report shall evaluate the progress made in
improving the quality and consistency of healthcare and
reducing healthcare disparities.
``(b) Manner of Reporting.--All data reported under the
Faircare Act (including data reported under this part) shall,
to the maximum extent practicable, be reported by race,
ethnicity, primary language, and highest educational level
attained in accordance with section 249.
``SEC. 928. EFFECTIVENESS RESEARCH GRANTS.
``The Office of Minority Health shall have the authority to
award grants to study the effectiveness of all measures and
programs established under this part. The Office shall
recommend ways to improve such measure and programs and to
implement the findings of the study conducted under section
927.
``SEC. 929. PROTECTION OF DATA.
``(a) Rule of Construction.--Nothing in this part shall be
construed to permit the use of information collected under
this part in a manner that would adversely affect any
individual providing any such information.
``(b) Protection of Data.--The Secretary shall ensure
(through the promulgation of regulations or otherwise) that
all data collected pursuant to this part is protected--
``(1) under the same privacy protections as the Secretary
applies to other health data under the regulations
promulgated under section 264(c) of the Health Insurance
Portability and Accountability Act of 1996 (Public Law 104-
191; 110 Stat. 2033) relating to the privacy of individually
identifiable health information and other protections; and
``(2) from all inappropriate internal use by any entity
that collects, stores, or receives the data, including use of
such data in determinations of eligibility (or continued
eligibility) in health plans, and from other inappropriate
uses, as defined by the Secretary.
``SEC. 929A. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to carry out this
section, $5,000,000 for each of fiscal years 2005 through
2007, and such sums as may be necessary for each of fiscal
years 2008 through 2015.''.
SEC. 202. OFFICE OF NATIONAL HEALTHCARE DISPARITIES AND
QUALITY.
Part A of title IX of the Public Health Service Act (42
U.S.C. 299 et seq.) is amended by adding at the end the
following:
[[Page S7458]]
``SEC. 904. OFFICE OF NATIONAL HEALTHCARE DISPARITIES AND
QUALITY.
``(a) In General.--There is established within the Agency
an Office of National Healthcare Disparities and Quality
(referred to in this section as the `Office'). Such Office
shall administer the development and submission of the annual
National Healthcare Disparities Report (under section
903(a)(6)) and the National Healthcare Quality Report (under
section 913(b)(2)) and carry out any other activities
determined appropriate by the Secretary.
``(b) National Healthcare Disparities and Quality
Reports.--
``(1) Reporting requirements.--Not later than 1 year after
the date of enactment of this section, and annually
thereafter, the Office, in consultation with the Advisory
Committee under section 925, the Office of Minority Health,
and the Office for Civil Rights of the Department of Health
and Human Services, shall submit to the Secretary, the
appropriate committees of Congress, and the public--
``(A) a report on the disparities in healthcare which shall
include data using the quality measures developed by the
Agency under part C; and
``(B) a report on general healthcare quality.
``(2) Limitations.--The reports under paragraph (1) shall
not identify individual hospitals or healthcare providers but
shall include regional and State level data. To the maximum
extent practicable, such reports shall--
``(A) indicate variations in healthcare quality between
States and regions; and
``(B) to the maximum extent practicable, include data
reported by race, ethnicity, primary language, and highest
educational level attained in accordance with section 249.
``(3) Availability.--The Office shall make such reports
available to States, tribal organizations, and territorial
governments upon request.
``(4) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection, $10,000,000
for each of fiscal years 2005 through 2007, and such sums as
may be necessary for each of fiscal years 2008 through 2015.
``(c) Activities Relating to Best Practices.--
``(1) Report.--The Office of National Healthcare
Disparities and Quality shall annually publish a report that
describes the specific activities undertaken by Faircare
Level I institutions, as designated under section 330P of
this Act or section 1898(b) of the Social Security Act, that
have resulted in a decrease in healthcare disparities or
improved quality. Such reports shall include recommendations
for carrying out such activities at other healthcare
institutions.
``(2) Conference.--In conjunction with the publication of
each report under paragraph (1), Office of National
Healthcare Disparities and Quality shall hold an annual
conference at which personnel from the Faircare institutions
described in paragraph (1) can interact, advise, and consult
with other healthcare institutions.
``(3) Technical assistance.--The Office of National
Healthcare Disparities and Quality shall offer technical
assistance to healthcare institutions in reducing healthcare
disparities, including through the dissemination of
information through the Office Internet website, the
development of an electronic mail list of best practices, the
maintenance of a database and clearinghouse of best
practices, and through other activities determined
appropriate by the Office.
``(4) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection, $5,000,000
for each of fiscal years 2005 to 2007, and such sums as may
be necessary for each of fiscal years 2008 through 2015.''.
TITLE III--FAIRCARE HOSPITAL PROGRAM
SEC. 301. FAIRCARE HOSPITAL PROGRAM.
(a) Purposes.--The purposes of this section are to--
(1) require the Administrator of the Center for Medicare &
Medicaid Services to--
(A) determine which hospitals have successfully reduced
healthcare disparities between health disparity populations
and other patients and improved healthcare quality based on
the Hospital Quality Initiative measures established by the
Agency for Healthcare Research and Quality under part C of
title IX of the Public Health Service Act, as added by title
II;
(B) verify the accuracy of the data submitted by such
hospitals for purposes of being designated as a Faircare
Hospital; and
(C) designate such hospitals as Faircare hospitals; and
(2) provide such hospitals with increased payments under
the medicare program.
(b) Program.--Title XVIII of the Social Security Act, as
amended by section 1016 of the Medicare Prescription Drug,
Improvement, and Modernization Act of 2003 (Public Law 108-
173; 117 Stat. 2447), is amended by adding at the end the
following new section:
``performance incentive payment program
``Sec. 1898. (a) Establishment.--
``(1) In general.--The Secretary shall establish a program
under which financial incentive payments are made in
accordance with subsection (c) to subsection (d) hospitals
(as defined in paragraph (2)) that have been designated under
subsection (b).
``(2) Subsection (d) hospital.--In this section, the term
`subsection (d) hospital' has the meaning given that term in
section 1886(d)(1)(B).
``(b) Designation of Faircare Hospitals.--
``(1) In general.--For each of fiscal years 2006 through
2014, the Secretary shall designate subsection (d) hospitals
as follows:
``(A) Level iii faircare hospital.--The Secretary shall
designate a subsection (d) hospital as a Level III Faircare
hospital if the following requirements are met:
``(i) The subsection (d) hospital submitted data described
in section 249 of the Public Health Service Act and part C of
title IX of such Act to the Secretary in such form and manner
and at such time specified by the Secretary under such
section and part and all such data submitted relating to
patient quality includes data on the race, ethnicity, highest
education level attained, and primary language of such
patients.
``(ii) The Secretary determines that the subsection (d)
hospital has improved the rate of delivery of high quality
care during the 24-month period preceding such determination.
A hospital shall be determined to meet the requirement in the
preceding sentence if the Secretary determines that the
hospital has increased the frequency of appropriate care for
the majority of the applicable measures during such 24-month
period by at least 5 percentage points within each such
measure.
``(B) Level ii faircare hospital.--The Secretary shall
designate a subsection (d) hospital as a Level II Faircare
hospital if the following requirements are met:
``(i) The requirements described in clauses (i) and (ii) of
subparagraph (A) are met.
``(ii) The Secretary determines that the subsection (d)
hospital, during the 24-month period preceding such
determination, has made a significant reduction in the
disparities in the treatment of health disparity populations
relative to other patients for--
``(I) the majority of the applicable measures; or
``(II) all of the 25 percent highest ranked applicable
measures, as ranked for their importance for healthcare
equity by the Agency for Healthcare Research and Quality
under section 925 of the Public Health Service Act.
``(C) Level i faircare hospital.--The Secretary shall
designate a subsection (d) hospital as a Level I Faircare
hospital if the following requirements are met:
``(i) The requirement described subparagraph (A)(i) is met.
``(ii) Either--
``(I) the requirement described in subparagraph (A)(ii) is
met; or
``(II) the Secretary determines that the frequency of
appropriate care provided by the subsection (d) hospital for
each applicable measure is at least 10 percentage points
greater than the national average for the frequency of
appropriate care for each applicable measure.
``(iii) The Secretary determines that the subsection (d)
hospital, during the 24-month period preceding such
determination, has had no significant disparity in the
treatment of health disparity populations relative to other
patients for all of the 75 percent highest ranked applicable
measures, as ranked for their importance for healthcare
equity by the Agency for Healthcare Research and Quality
under section 925 of the Public Health Service Act.
``(2) Applicable measures defined.--For purposes of this
subsection, the term `applicable measures' means the Hospital
Quality Initiative measures established by the Agency for
Healthcare Research and Quality under part C of title IX of
the Public Health Service Act.
``(3) Health disparity population defined.--For purposes of
this subsection, the term `health disparity population' has
the meaning given that term in section 485E(d) of the Public
Health Service Act.
``(b) Financial Incentive Payments.--
``(1) In general.--Subject to paragraph (2) and subsection
(d), for purposes of subclauses (XIX) and (XX) of section
1886(b)(3)(B)(i) for each of fiscal years 2007 through 2015,
in the case of a subsection (d) hospital that has been
designated under subsection (b) for a fiscal year, the
Secretary shall increase the applicable percentage increase
for the subsequent fiscal year for such hospital--
``(A) in the case of a Level I Faircare hospital, by 4
percentage points (or 8 percentage points in the case of such
a hospital who is also described in subparagraph (B) of
section 1923(b)(1)(B));
``(B) in the case of a Level II Faircare hospital, by 2
percentage points (or 4 percentage points in the case of such
a hospital who is also described in subparagraph (B) of
section 1923(b)(1)(B));; and
``(C) in the case of a Level III Faircare hospital, by 1
percentage point (or 2 percentage points in the case of such
a hospital who is also described in subparagraph (B) of
section 1923(b)(1)(B)).
``(2) Reduction in financial incentive payments if
insufficient funding available.--If the Secretary estimates
that the total amount of increased payments under paragraph
(1) for a fiscal year will exceed the funding available under
subsection (d) for such increased payments for the fiscal
year, the Secretary shall proportionately reduce the
percentage points described in subparagraphs (A), (B), and
(C) of paragraph (1) in order to eliminate such excess.
``(3) Increased payment not built into the base.--Any
increased payment under paragraph (1) shall only apply to the
fiscal year involved and the Secretary shall not
[[Page S7459]]
take into account any such increased payment in computing the
applicable percentage increase under clause (i)(XIX) for a
subsequent fiscal year.
``(d) Authorization of Appropriations.--There are
authorized to be appropriated for making payments under
subsection (b) such sums as may be necessary for each of
fiscal years 2007 through 2015.''.
SEC. 302. TECHNICAL ASSISTANCE GRANTS.
(a) In General.--The Secretary of Health and Human Services
shall provide technical assistance to eligible entities for
the conduct of demonstration projects to improve the quality
of healthcare and to reduce healthcare disparities.
(b) Eligibility.--To be eligible to receive technical
assistance under subsection (a), an entity shall--
(1) be a hospital--
(A) that, by legal mandate or explicitly adopted mission,
provides patients with access to services regardless of their
ability to pay;
(B) that provides care or treatment for a substantial
number of patients who are uninsured, are receiving
assistance under a State program under title XIX of the
Social Security Act, or are members of health disparity
populations, as determined by the Secretary; and
(C)(i) with respect to which, not less than 50 percent of
the entity's patient population is made up of racial and
ethnic minorities; or
(ii) that serves a disproportionate percentage of local,
minority racial and ethnic patients, or that has a patient
population, at least 50 percent of which is limited English
proficient; and
(2) prepare and submit to the Secretary an application at
such time, in such manner, and containing such information as
the Secretary may require.
(c) Types of Assistance.--The type of technical assistance
that may be provided under this section shall be determined
by the Centers for Medicare & Medicaid Services. Such
assistance may include competitively awarded grants and other
forms of assistance.
(d) Use of Assistance.--Assistance provided under this
section shall be used to improve healthcare quality or to
reduce healthcare disparities.
(e) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section, such sums as
may be necessary for each of fiscal years 2005 through 2015.
TITLE IV--COMMUNITY HEALTH CENTERS.
SEC. 401. AUTHORITY OF BUREAU OF PRIMARY HEALTH CARE TO
DEVELOP NEW REPORTING STANDARDS.
(a) In General.--The Secretary of Health and Human
Services, acting through the Bureau of Primary Health Care
within the Health Resources and Services Administration,
shall have the authority to--
(1) incorporate the outpatient measures of the Agency for
Healthcare Research and Quality as developed under part C of
title IX of the Public Health Service Act (as added by title
II) into a supplement to existing demographic or quality
reporting instruments or other quality reporting instruments
utilized by the Health Resources and Services Administration;
(2) verify the submission of data under this title (and the
amendments made by this title); and
(3) award Faircare designations in accordance with section
339P of the Public Health Service Act (as added by section
402).
(b) Distribution.--Not later than 1 year after the date of
enactment of this Act, the standards described in subsection
(a) shall be designed and distributed to health centers under
section 339P of the Public Health Service Act (as added by
section 402).
SEC. 402. FAIRCARE DESIGNATION FOR HEALTH CENTERS.
Part P of title III of the Public Health Service Act (42
U.S.C. 280g et seq.) is amended by adding at the end the
following:
``SEC. 399P. FAIRCARE DESIGNATION FOR HEALTH CENTERS.
``(a) Designation of Faircare Health Centers.--
``(1) In general.--For each of fiscal years 2006 through
2014, the Secretary shall designate health centers that
receive Federal assistance as follows:
``(A) Level iii faircare health center.--The Secretary
shall designate a health center as a Level III Faircare
health center if the following requirements are met:
``(i) The health center submitted data described in section
249 and part C of title IX to the Secretary in such form and
manner and at such time specified by the Secretary under such
section and part and all such data submitted relating to
patient quality includes data on the race, ethnicity, highest
education level attained, and primary language of such
patients.
``(ii) The Secretary determines that the health center has
improved the rate of delivery of high quality care during the
24-month period preceding such determination. A health center
shall be determined to meet the requirement in the preceding
sentence if the Secretary determines that the health center
has increased the frequency of appropriate care for the
majority of the applicable measures during such 24-month
period by at least 5 percentage points within each such
measure.
``(B) Level ii faircare health center.--The Secretary shall
designate a health center as a Level II Faircare health
center if the following requirements are met:
``(i) The requirements described in clauses (i) and (ii) of
subparagraph (A) are met.
``(ii) The Secretary determines that the health center,
during the 24-month period preceding such determination, has
made a significant reduction in the disparities in the
treatment of health disparity populations relative to other
patients for--
``(I) the majority of the applicable measures; or
``(II) all of the 25 percent highest ranked applicable
measures, as ranked for their importance for healthcare
equity by the Agency for Healthcare Research and Quality
under section 925.
``(C) Level i faircare health center.--The Secretary shall
designate a health center as a Level I Faircare health center
if the following requirements are met:
``(i) The requirement described subparagraph (A)(i) is met.
``(ii) Either--
``(I) the requirement described in subparagraph (A)(ii) is
met; or
``(II) the Secretary determines that the frequency of
appropriate care provided by the health center for each
applicable measure is at least 10 percentage points greater
than the national average for the frequency of appropriate
care for each applicable measure.
``(iii) The Secretary determines that the health center,
during the 24-month period preceding such determination, has
had no significant disparity in the treatment of health
disparity populations relative to other patients for all of
the 75 percent highest ranked applicable measures, as ranked
for their importance for healthcare equity by the Agency for
Healthcare Research and Quality under section 925.
``(2) Applicable measures defined.--For purposes of this
subsection, the term `applicable measures' means the measures
determined applicable under section 401(a) of the Faircare
Act.
``(3) Health disparity population defined.--For purposes of
this subsection, the term `health disparity population' has
the meaning given that term in section 485E(d).
``(b) Eligibility for Bonuses.--A health center that is
designated as a Faircare health center under subsection (a)
shall be eligible for the following annual bonuses in the
fiscal year following the year in which the health center is
designated as a Faircare health center under this section,
with respect to assistance received under Federal health care
programs:
``(1) With respect to a health center that is designated as
a Level III Faircare health center, the Secretary shall
determine the amount of such bonus which shall not be less
than $200,000.
``(2) With respect to a health center that is designated as
a Level II Faircare health center, the Secretary shall
determine the amount of such bonus which shall not be less
than $300,000.
``(3) With respect to a health center that is designated as
a Level I Faircare health center, the Secretary shall
determine the amount of such bonus which shall not be less
than $500,000.
``(c) Reduction in Financial Incentive Payments if
Insufficient Funding Available.--If the Secretary estimates
that the total amount of bonuses under subsection (b) for a
fiscal year will exceed the funding available under
subsection (e) for such bonuses for the fiscal year, the
Secretary shall proportionately reduce the amount of the
bonus payments described in paragraphs (1), (2), and (3) of
subsection (b) in order to eliminate such excess.
``(d) Definition.--For purposes of this section, the term
`health center' means a Federally qualified health center as
defined in section 1861(aa)(4) of the Social Security Act.
``(e) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section, such sums as
may be necessary for each of fiscal years 2007 through
2015.''.
SEC. 403. GRANTS FOR TECHNICAL ASSISTANCE.
Part P of title III of the Public Health Service Act (42
U.S.C. 280g et seq.), as amended by section 402, is further
amended by adding at the end the following:
``SEC. 399Q. GRANTS FOR TECHNICAL ASSISTANCE IN IMPROVING
QUALITY.
``(a) In General.--If a health center reporting data
described in section 399P(a)(1)(A) for 3 or more years has
demonstrated no improvement or a decrease in healthcare
quality on at least 30 percent of all quality measures as
designated under section 401(a) of the Faircare Act, such
health center shall be given priority to receive technical
assistance from the Bureau of Primary Health Care within the
Health Resources and Services Administration.
``(b) Type of Assistance.--The type of technical assistance
that may be provided under subsection (a) shall be determined
by the Bureau of Primary Health Care and may include
competitively awarded grants and other forms of assistance.
``(c) Use of Assistance.--Assistance provided under this
section shall be used by the health center to improve
healthcare quality or reduce healthcare disparities.
``(d) Definition.--For purposes of this section, the term
`health center' means a Federally qualified health center as
defined in section 1861(aa)(4) of the Social Security Act.
``(e) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this subsection, such sums as
may be necessary for each of fiscal years 2007 through
2015.''.
[[Page S7460]]
SEC. 404. HEALTH DISPARITY COLLABORATIVES.
(a) In General.--The Bureau of Primary Health Care within
the Health Resources and Services Administration shall--
(1) provide technical assistance and funding to the Health
Disparity Collaboratives; and
(2) expand the provision of technical assistance and
funding, at the discretion of the Bureau, to priority areas
designated by the Agency for Healthcare Research and Quality
in consultation with the Advisory Committee established under
section 925 of the Public Health Service Act.
(b) Funding.--The Bureau of Primary Health Care within the
Health Resources and Services Administration shall continue
to fund collaboratives with a goal of adding at least 50 new
health centers each year.
(c) Definition.--For purposes of this section, the term
`health center' means a Federally qualified health center as
defined in section 1861(aa)(4) of the Social Security Act.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section, such sums as
may be necessary for each of fiscal years 2005 through 2015.
TITLE V--REACH 2010
SEC. 501. EXPANSION OF REACH 2010
(a) In General.--The Secretary of Health and Human
Services, acting through the Director of the Centers for
Disease Control and Prevention, shall award grants and carry
out other activities to expand the Racial and Ethnic
Approaches to Community Health Program (REACH 2010) program
to support coalitions in all 50 States and territories.
(b) Eligibility.--To be eligible to receive a grant under
this section an entity shall--
(1) be a coalition that is comprised of , at a minimum, a
community-based organization and at least 3 other
organizations, one of which is either a State or local health
department or a university or research organization; and
(2) prepare and submit to the Secretary of Health and Human
Services an application at such time, in such manner, and
containing such information as the Secretary may require.
(c) Use of Grants.--Amounts provided under a grant under
this section shall be used to support community coalitions in
designing, implementing, and evaluating community-driven
strategies to eliminate health disparities, with an emphasis
on African Americans, American Indians, Alaska Natives, Asian
Americans, Hispanic Americans, and Pacific Islanders.
(d) Priority Areas.--In carrying out the Racial and Ethnic
Approaches to Community Health Program (REACH 2010) program,
the Director of the Centers for Disease Control and
Prevention shall include the following priority areas:
(1) Cardiovascular disease.
(2) Immunizations.
(3) Breast and cervical cancer screening and management.
(4) Diabetes.
(5) HIV/AIDS.
(6) Infant mortality.
(7) Asthma.
(8) Obesity.
(9) At the discretion of the Director of the Centers for
Disease Control and Prevention, any additional priority areas
determined appropriate by the Agency for Healthcare Research
and Quality in consultation with the Advisory Committee
established under section 925 of the Public Health Service
Act.
(e) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section and the Racial
and Ethnic Approaches to Community Health Program (REACH
2010) program, $200,000,000 for each of fiscal years 2005 to
2007, and such sums as may be necessary for each of fiscal
years 2008 through 2015.
TITLE VI--MALPRACTICE INSURANCE RELIEF
SEC. 601. REFUNDABLE TAX CREDIT FOR THE COST OF MALPRACTICE
INSURANCE FOR CERTAIN PROVIDERS.
(a) In general.--Subpart C of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 (relating to
refundable credits) is amended by redesignating section 36 as
section 37 and by inserting after section 35 the following
new section:
``SEC. 36. CERTAIN MALPRACTICE INSURANCE COSTS.
``(a) In General.--In the case of an eligible health care
provider, there shall be allowed as a credit against the tax
imposed by this subtitle for the taxable year an amount equal
to the applicable percentage of qualified malpractice
insurance expenditures paid or incurred during the taxable
year.
``(b) Applicable percentage.--For purposes of this
section--
``(1) In general.--The applicable percentage shall be--
``(A) 10 percent for any taxable year for which the person
claiming the credit is an eligible health care provider, plus
``(B) 5 percent for each consecutive prior taxable year
ending after the date of enactment of this section for which
such person was an eligible health care provider.
``(2) Limitation.--The applicable percentage shall not
exceed 25 percent.
``(c) Eligible Health Care Provider.--For purposes of this
section, the term `eligible health care provider' means--
``(1) a public or private nonprofit hospital which is--
``(A) located in a medically underserved area (as defined
in section 1302(7) of the Public Health Service Act) or in a
health professional shortage area (as designated under
section 332 of the Public Health Service Act), and
``(B) designated as a Level I Faircare Hospital under
section 339P of the Public Health Service Act or section 1898
of the Social Security Act for the year in which such
hospital's taxable year ends, and
``(2) a physician for whom not less than 66 percent of the
practice for the taxable year is at a facility described in
paragraph (1).
``(d) Qualified Medical Malpractice Insurance
Expenditure.--The term `qualified medical malpractice
insurance expenditure' means so much of any professional
insurance premium, surcharge, payment or other cost or
expense required as a condition of State licensure which is
incurred by an eligible health care provider in a taxable
year for the sole purpose of providing or furnishing general
medical malpractice liability insurance for such eligible
health care provider.''.
(b) Denial of Double Benefit.--Section 280C of the Internal
Revenue Code of 1986 (relating to certain expenses for which
credits are allowable) is amended by adding at the end the
following new subsection:
``(d) Credit for Medical Malpractice Liability Insurance
Premiums.--
``(1) In general.--No deduction shall be allowed for that
portion of the qualified medical malpractice insurance
expenditures otherwise allowable as a deduction for the
taxable year which is equal to the amount of the credit
allowable for the taxable year under section 36.
``(2) Controlled groups.--In the case of a corporation
which is a member of a controlled group of corporations
(within the meaning of section 41(f)(5)) or a trade or
business which is treated as being under common control with
other trades or business (within the meaning of section
41(f)(1)(B)), this subsection shall be applied under rules
prescribed by the Secretary similar to the rules applicable
under subparagraphs (A) and (B) of section 41(f)(1).''.
(c) Conforming Amendment.--Paragraph (2) of section 1324(b)
of title 31, United States Code, is amended by inserting
before the period ``or from section 36 of such Code''.
(d) Clerical Amendment.--The table of sections for subpart
C of part IV of subchapter A of chapter 1 of the Internal
Revenue Code of 1986 is amended by striking the item related
to section 36 and inserting the following new items:
``Sec. 36. Certain malpractice insurance costs.
``Sec. 37. Overpayments of tax.''.
(e) Effective Date.--The amendments made by this section
shall apply to expenditures incurred after December 31, 2005.
(f) Availability of Credit for Tax Exempt Organizations.--
The Secretary of the Treasury shall administer the credit
allowable under section 36 of the Internal Revenue Code of
1986 (as added by this section) in such a manner so as to
minimize to the largest extent possible the administrative
burden on tax exempt organizations claiming the credit.
SEC. 602. GRANTS TO NON-PROFIT HOSPITALS.
(a) In General.--The Secretary of Health and Human
Services, acting through the Administrator of the Health
Resources and Services Administration, shall award grants to
eligible entities to assist such entities in defraying
qualified medical malpractice insurance expenditures.
(b) Eligibility.--To be eligible to receive a grant under
subsection (a), an entity shall--
(1) be a Faircare Level I non-profit hospital (as
determined under section 1898(b) of the Social Security Act)
in the preceding fiscal year;
(2) not be eligible to claim the tax credit under section
36 of the Internal Revenue Code of 1986;
(3) prepare and submit to the Secretary of Health and Human
Services an application at such time, in such manner, and
containing such information as the Secretary may require.
(c) Amount of Grant.--The amount of a grant awarded to an
eligible entity under this section shall be--
(1) with respect to the first year of the grant, an amount
equal to 10 percent of the qualified medical malpractice
insurance expenditures of the entity for the year;
(2) with respect to the second year of the grant, an amount
equal to 15 percent of the qualified medical malpractice
insurance expenditures of the entity for the year;
(3) with respect to the third year of the grant, an amount
equal to 20 percent of the qualified medical malpractice
insurance expenditures of the entity for the year; and
(4) with respect to the fourth and subsequent years of the
grant, an amount equal to 25 percent of the qualified medical
malpractice insurance expenditures of the entity for the
year.
(d) Definition.--In this section, the term ``qualified
medical malpractice insurance expenditure'' has the meaning
given such term in section 36(d) of the Internal Revenue Code
of 1986.
SEC. 603. GRANTS FOR RESEARCH INTO QUALITY OF CARE AND
MEDICAL ERRORS.
(a) In General.--The Secretary of Health and Human Services
shall award grants to eligible entities to study the
relationship between institutions that are designated as
Faircare hospitals under section 1898(b) of the Social
Security Act and medical errors or the rate of claims of
malpractice.
(b) Eligibility.--To be eligible to receive a grant under
subsection (a), an entity shall
[[Page S7461]]
prepare and submit to the Secretary of Health and Human
Services an application at such time, in such manner, and
containing such information as the Secretary may require.
SEC. 604. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this
title, such sums as may be necessary for each of fiscal years
2005 through 2015.
____
Statements of Support for the Lieberman FairCare Bill
The National Health Law Program
``The National Health Law Program (NHeLP) commends the
announcement of The Faircare Act. Recognizing that
comprehensive and accurate data is critical to identifying
and then eliminating health disparities, the Faircare Act
would require race, ethnicity and primary language data
collection throughout federally operated or funded health
programs and provide crucial technical and financial
assistance to healthcare providers to meet the challenges of
eliminating health disparities.''
Joint Commission on Accreditation of Healthcare Organizations
``The legislation comprehensively reflects current national
research and programmatic initiatives such as those of the
Joint Commission, private foundations, professional
organizations, academic institutions, and state and national
government agencies. For example, the Joint Commission has
two externally funded research projects that are looking at
issues related to culture and language. One, funded by the
Commonwealth Fund, is looking at the impact of limited
English proficiency on adverse medical events. Another,
funded by The California Endowment, is looking at how
hospitals across the nation are responding to issues of
culture and language. In addition to research activities, the
Joint Commission is engaging in field review of a proposed
new standard to require the collection of information on
patients' race, ethnicity, and primary language, is
supporting the National Conference of Quality Health Care for
Culturally Diverse Populations, and staff from the Joint
Commission serve on a number of national advisory panels that
are addressing issues of health care disparities, cultural
and linguistic issues, and issues related to health
literacy.''
``Financial incentives, as proposed in this legislation,
are timely and appropriate. Based on focus group feedback,
and input from Joint Commission advisory groups, the lack of
incentive, competing priorities, and limited resources for
providing culturally and linguistically appropriate services
is the main barrier to implementation, secondary, only to the
lack of awareness of the issue.''
The Progressive Policy Institute
``Sen. Lieberman's FairCare Legislation would
simultaneously make health care fairer and less wasteful by
tackling one of the core problems with health care today:
payment by procedure instead of performance. Too often,
patients, especially minorities, do not receive basic high
care quality like aspirin or beta-blockers for heart attack
victims because providers can't charge for it. It's time for
the federal government to make pay-for-performance a core
feature of health care policy.''
Physicians for Human Rights
``Senator Lieberman's Faircare bill is an important step
toward eliminating racial and ethnic disparities in
healthcare by both assuring quality of care and reducing care
inequities. Quality care means making the same healthcare
available to all Americans regardless of race or ethnicity.''
The Out of Many, One Coalition
``We applaud Senator Lieberman's leadership in tying the
elimination of health disparities to the improvement of
healthcare quality in the Nation.''
National Conference for Community and Justice
``By establishing quantifiable standards, and providing
incentives to meet those standards, Faircare: A Bill to
Decrease Disparities in Healthcare Through Improving
Healthcare Quality for All can help raise the quality and
consistency of healthcare for all of us, not just some of us.
The issue of disparities in healthcare is a national crisis,
and the National Conference for Community and Justice (NCCJ)
remains committed to working with decision-makers and
community leaders to address this crisis on a national and
regional level. It is a critical part of America's unfinished
business, and through education and advocacy, we will bridge
the divides of quality healthcare so that all people receive
the information and treatment needed to lead healthy lives.''
______
By Mr. GREGG (for himself, Mr. Harkin, Mr. Roberts, Mr. Kennedy,
Mr. Reed, Mrs. Murray, Mr. Jeffords, Mr. Enzi, and Mr. Dodd):
S. 2595. A bill to establish State grant programs related to
assistive technology and protection and advocacy services, and for
other purposes; to the Committee on Health, Education, Labor, and
Pensions.
Mr. GREGG. Mr. President, today, I join my esteemed colleague, the
Senator from Iowa, Senator Harkin, and other members, in introducing
the Improving Access to Assistive Technology for Individuals with
Disabilities Act of 2004.
For the past 6 months we have been working in a bipartisan fashion on
the reauthorization of the Assistive Technology Act. Our proposed
legislation is designed to remove barriers that people with
disabilities encounter when attempting to access and purchase assistive
technology. Working with the disability, business, and research and
development communities, the Departments of Education, Labor, and
Commerce, and the Small Business Administration, we have completely
rewritten the Act to accomplish this goal. More specifically, our
efforts focused on three fundamental changes: improving access by
reducing bureaucracy; fostering private/public sector relationships;
and stabilizing the State projects funding stream
In a March 1993 report to the President and the Congress on the
``Study on the Financing of Assistive Technology Devices and Services
for Individuals with Disabilities,'' the National Council on Disability
heard repeatedly from witnesses at public forums about the abandonment
of equipment by persons with disabilities who had no opportunity prior
to purchase to try it out or see it demonstrated.
Current law authorizes State projects to conduct system change
activities and provide information and referral services to people with
disabilities and their families. Although these are necessary and
important duties, they do not immediately impact and help a person with
a disability obtain assistive technology that he or she may need today.
This bill modifies the current list of authorized activities by
expanding the authority of the State assistive technology act programs
to increase the ability of persons with disabilities to experience or
obtain assistive technology. Our bill, written by members of the
Committee on Health Education, Labor and Pensions, provides the State
projects with a tangible set of mandatory activities, yet at the same
time provides State flexibility to address emerging State needs.
Therefore, the new functions require States to provide citizens with
access to device loan, reutilization, and financing programs, and
equipment demonstration centers directly by developing such programs,
or partnering with another entity in the State currently conducting
these programs. The purpose of these programs is to provide individuals
with disabilities the opportunity to receive proper assessments and
evaluations for assistive technology, test and obtain information about
various devices, borrow or rent devices and equipment before it is
purchased, and be able to access low interest loans to purchase needed
technology. Each of these new requirements will help make the most of
limited public resources in an environment that emphasizes consumer
choice in and control of assistive technology services and funding.
Further, they demonstrate the benefits and costs of assistive
technology.
Additionally, our bill intensifies outreach efforts to employers,
providers of employment and adult services, school systems, and health
care providers that have direct contact with persons with disabilities
to inform them about the beneficial aspects of assistive technology.
Finally, we authorize States to create an advisory board to provide
enhanced flexibility, guide the actions of the State programs and
establish State priorities to meet the specific assistive technology
needs of State residents.
The Committee on Health Education, Labor and Pensions learned through
several public forums held this and last year that employers are
frequently confused by the vast array of assistive technology devices
available to employees, the costs associated with purchasing assistive
technology, and how or where to purchase assistive technology to meet
the needs of potential employees or employees acquiring disabilities
due to age, accidents and other causes. However, various studies paint
a different picture. The Office of Disability Employment Policy of the
Department of Labor funds the Job Accommodation Network (JAN), a free
consulting service designed to increase the employability of people
with disabilities. According to an ongoing JAN evaluation, 71 percent
of the businesses
[[Page S7462]]
that used JAN for assistance on providing specific accommodation
information for employees with disabilities found that the
accommodation that the employee needed cost between $0.00 and $500.00.
This sent up a red flag, indicating that there is a disconnect or gap
between the knowledge base as it currently exists and how that
information reaches not only employers, but schools, school districts,
hospitals and other entities. I imagine at schools and school officials
in Berlin, NH, Clearmont, WY, Tribune, KS, or any other rural community
would have a difficult time determining the assistive technology needs
of a student with a disability without some type of assistance.
I am also sure that the same is true for small businesses. The
Disability Business and Technical Assistance Centers (DBTACs), funded
by the National Institute on Disability Rehabilitation and Research
(NIDRR) Office of Special Education and Rehabilitative Services (OSERS)
at the Department of Education, are regional Centers that provide
training, information, and technical assistance on the Americans with
Disabilities Act (ADA) to businesses, consumers, schools, and State and
local governments. The DBTACs do wonderful work; however, a small
business owner usually does not know where to go or where to send an
employee if he or she needs an assessment or knowledge of various
assistive devices so the small business can provide the necessary and
appropriate assistive device.
According to statistics from the Small Business Administration office
of Advocacy, small businesses pay 44.3 percent of the total private
payroll in the United States, and have generated anywhere from 60 to 80
percent of net new jobs annually over the past decade. As a current
high school student with disabilities graduates and looks for a job,
there is a good chance that this young person will work for a small
business. That being said, if the student has accommodation or
technology needs, will the business know where to go for assistance?
There are quite a few State Assistive Technology Act projects that
are currently conducting outreach and public awareness activities,
providing technical assistance to the business community, but it is not
occurring unilaterally across the Nation. While current law authorizes
such activities it does not specifically state that public awareness
activities should be focused on the business community.
This bill aggressively engages businesses, especially small
businesses, by providing them with greater access to technical
assistance so that they can accommodate employees with disabilities.
Additionally, in an effort to improve access to assistive technology
and to lower costs, the bill enhances competition and forges incentives
for researchers and developers.
The bill accomplishes these goals by improving the utilization of
federal dollars and collaborative efforts between the agency
administering the Assistive Technology Act projects and other Federal
departments and initiatives, such as the Small Business
Administration's (SBA) and Department of Labor's (DOL) interagency
initiative to improve employment opportunities for people with
disabilities in small businesses.
This bill also strengthens relationships between federally funded
programs, such as the Assistive Technology Act projects, with private
sector employers and researchers, by directing the Office of Special
Education and Rehabilitation Services at the Department of Education to
make grants available to for-profit and non-profit entities to enhance
public/private partnerships. These grant opportunities include creating
grants to support the development of public service announcements,
which can be modified for regional use, to reach out to small
businesses, the aging population, and people with disabilities about
the benefits of assistive technology. Grants can also fund a technical
assistance provider to assist employers in addressing the needs of
aging workers that are acquiring disabilities and may need assistive
technology to maintain their current level of productivity.
When Congress passed the original Assistive Technology Act in 1988,
Congressional intent was to provide States with time-limited Federal
seed money to assist them in developing and implementing their own
assistive technology programs. This Federal-State partnership has
provided an important service to individuals with disabilities by
strengthening the capacity of each State to assist individuals with
disabilities of all ages with their assistive technology needs.
However, thousands of people with disabilities could lose access to
this infrastructure if the Federal contribution comes to an end.
Additionally, the bill drafters have recognized that for-profit and
non-profit entities have not put the necessary time and energy into
fostering relationships with the State programs, fearing that the
Federal contribution would end, and the State programs would no longer
exist.
Three years ago, with the introduction of the President's New Freedom
Initiative in the winter of 2001, the Administration launched new
comprehensive programs to tell America that individuals with
disabilities are valued citizens. Traditionally, individuals with
disabilities have been outcasts of society--seen as burdensome and
institutionalized--and have not been permitted to contribute to society
or expected to pursue the American Dream that so many of us take for
granted.
This Administration recognizes and believes in the full participation
of people with disabilities in all areas of society. This belief has
been put into action by increasing access to assistive and universally
designed technologies, expanding educational and employment
opportunities, promoting increased access into daily community life,
and helping members of this misunderstood and underutilized group of
citizens achieve and succeed. Compassionate Conservatism is what I
believe our President calls it.
As the New Freedom Initiative states, ``Assistive and universally
designed technologies can be a powerful tool for millions of Americans
with disabilities, dramatically improving one's quality of life and
ability to engage in productive work. New technologies are opening
opportunities for even those with the most severe disabilities.'' This
new-found sense of purpose and urgency, occurring shortly after the
Olmstead decision, has re-ignited the interest and support for a
Federal-State partnership to provide comprehensive, statewide assistive
technology services to individuals with disabilities.
Consequently, Congress must stabilize funding for the State programs
by supporting State efforts to improve the provision of assistive
technology for individuals with disabilities. Congress must also ensure
that the Federal commitment to independent living, and the full
participation of individuals with disabilities in society, guaranteed
through the President's ``New Freedom Initiative,'' is upheld. In this
instance, that translates into providing States with the necessary
funding to maintain the comprehensive Statewide programs of technology-
related assistance for individuals with disabilities of all ages.
However, the drafters of this legislation also expect States to take
ownership of and expand upon the comprehensive Statewide programs of
technology-related assistance.
Therefore, this bill removes the sunset provision in the 1998 Act and
creates a typical reauthorization cycle, while slightly increasing the
State minimum allotment to offset some of the costs for the additional
requirements.
I would like to thank Senator Harkin, and his staff, particularly
Mary Giliberti, for their hard work and dedication in putting together
a bi-partisan bill that will assist thousands of individuals with
disabilities access services and devices that they so desperately need.
I would also like to thank Senators Roberts, DeWine, Warner, Ensign,
Kennedy, and Reed, and their staff members, Jennifer Swenson, Mary Beth
Luna, John (JK) Robinson, Lindsay Lovlien, Kent Mitchell, Connie
Garner, Elyse Wasch, and Erica Swanson as they were on board and helped
make this a bipartisan process from the beginning.
Senator Harkin and I were determined to make this a bipartisan
process from the beginning. We have crafted a bill that we are
confident will be overwhelmingly supported by both Republicans and
Democrats--and most importantly by the disability community, providers
of disability related
[[Page S7463]]
services, States, employers and businesses, and the educational
community.
I ask unanimous consent that the legislation be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 2595
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 ``Improving Access to
Assistive Technology for Individuals with Disabilities Act of
2004''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) Over 54,000,000 individuals in the United States have
disabilities, with almost half experiencing severe
disabilities that affect their ability to see, hear,
communicate, reason, walk, or perform other basic life
functions.
(2) Disability is a natural part of the human experience
and in no way diminishes the right of individuals to--
(A) live independently;
(B) enjoy self-determination and make choices;
(C) benefit from an education;
(D) pursue meaningful careers; and
(E) enjoy full inclusion and integration in the economic,
political, social, cultural, and educational mainstream of
society in the United States.
(3) Too many individuals with disabilities are outside the
economic and social mainstream of society in the United
States. For example, individuals with disabilities are less
likely than their non-disabled peers to graduate from high
school, participate in postsecondary education, work, own a
home, participate fully in their community, vote, or use the
computer and the internet.
(4) As President Bush's New Freedom Initiative states,
``Assistive and universally designed technologies can be a
powerful tool for millions of Americans with disabilities,
dramatically improving one's quality of life and ability to
engage in productive work. New technologies are opening
opportunities for even those with the most severe
disabilities. For example, some individuals with quadriplegia
can now operate computers by the glance of an eye.''.
(5) According to the National Council on Disability, ``For
Americans without disabilities, technology makes things
easier. For Americans with disabilities, technology makes
things possible.''.
(6) Substantial progress has been made in the development
of assistive technology devices, universally designed
products, and accessible information technology and
telecommunications systems. Those devices, products, and
systems can facilitate communication, ensure independent
functioning, enable early childhood development, support
educational achievement, provide and enhance employment
options, and enable full participation in community living.
Access to such devices, products, and systems can also reduce
expenditures associated with early childhood intervention,
education, rehabilitation and training, health care,
employment, residential living, independent living,
recreation opportunities, and other aspects of daily living.
(7) Over the last 15 years, the Federal Government has
invested in the development of statewide comprehensive
systems of assistive technology, which have proven effective
in assisting individuals with disabilities in accessing
assistive technology devices and assistive technology
services. Federal dollars fund statewide infrastructures that
support equipment demonstration programs, short-term device
loan programs, financial loan programs, equipment exchange
and recycling programs, training programs, advocacy services,
and information and referral services.
(8) Despite the success of the programs and services
described in paragraph (7), individuals with disabilities who
need assistive technology and accessible information
technology continue to have a great need to know what
technology is available, to determine what technology is most
appropriate, and to obtain and utilize that technology to
ensure their maximum independence and participation in
society.
(9) The 2000 decennial Census indicates that over
21,000,000 individuals in the United States, more than 8
percent of the United States population, have a disability
that limits their basic physical abilities such as walking,
climbing stairs, reaching, lifting, or carrying. Nearly 12
percent of working-age individuals in the United States, or
21,300,000 of those individuals, have a disability that
affects their ability to work.
(10) The combination of significant recent changes in
Federal policy (including changes to section 508 of the
Rehabilitation Act of 1973 (29 U.S.C. 794d), accessibility
provisions of the Help America Vote Act of 2002 (42 U.S.C.
15301 et seq.), Executive Order 13217 (42 U.S.C. 12131 note;
relating to community-based alternatives for individuals with
disabilities), and the amendments made by the No Child Left
Behind Act of 2001) and the rapid and unending evolution of
technology require a Federal investment in State assistive
technology systems to ensure that individuals with
disabilities reap the benefits of the technological
revolution and participate fully in life in their
communities.
(b) Purposes.--The purposes of this Act are--
(1) to enhance the ability of the Federal Government to
provide States with financial assistance that supports
statewide--
(A) activities to increase access to, and funding for,
assistive technology devices and assistive technology
services, including financing systems and financing programs;
(B) device demonstration, device loan, and device re-
utilization programs;
(C) training and technical assistance in the provision or
use of assistive technology devices and assistive technology
services;
(D) information systems relating to the provision of
assistive technology devices and assistive technology
services; and
(E) improved interagency and public-private coordination
that results in increased availability of assistive
technology devices and assistive technology services; and
(2) to provide States with financial assistance to
undertake activities that assist each State in maintaining
and strengthening cross-disability, full-lifespan State
assistive technology programs, consistent with the Federal
commitment to full participation and independent living of
individuals with disabilities.
SEC. 3. DEFINITIONS.
In this Act:
(1) Accessible information technology and
telecommunications.--The term ``accessible information
technology and telecommunications'' means information
technology or electronic and information technology as
defined by section 1194.4 of title 36, Code of Federal
Regulations (or any corresponding similar regulation or
ruling) that conforms to the applicable technical standards
set forth in sections 1194.21 through 1194.26 of such title
(or any corresponding similar regulation or ruling).
(2) Adult service provider.--The term ``adult service
provider'' means a public or private entity that provides
services to, or is otherwise substantially involved with the
major life functions of, individuals with disabilities. Such
term includes--
(A) entities and organizations providing residential,
supportive, employment services, or employment-related
services to individuals with disabilities;
(B) centers for independent living, such as the centers
described in part C of title VII of the Rehabilitation Act of
1973 (29 U.S.C. 796f et seq.);
(C) employment support agencies connected to adult
vocational rehabilitation, including one-stop partners, as
defined in section 101 of the Workforce Investment Act of
1998 (29 U.S.C. 2801); and
(D) other organizations or venders licensed or registered
by the designated State agency, as defined in section 7 of
the Rehabilitation Act of 1973 (29 U.S.C. 705).
(3) American indian consortium.--The term ``American Indian
consortium'' means a consortium established under subtitle C
of title I of the Developmental Disabilities Assistance and
Bill of Rights Act of 2000 (42 U.S.C. 15041 et seq.).
(4) Assistive technology.--The term ``assistive
technology'' means technology designed to be utilized in an
assistive technology device or assistive technology service.
(5) Assistive technology device.--The term ``assistive
technology device'' means any item, piece of equipment, or
product system, whether acquired commercially, modified, or
customized, that is used to increase, maintain, or improve
functional capabilities of individuals with disabilities.
(6) Assistive technology service.--The term ``assistive
technology service'' means any service that directly assists
an individual with a disability in the selection,
acquisition, or use of an assistive technology device. Such
term includes--
(A) the evaluation of the assistive technology needs of an
individual with a disability, including a functional
evaluation of the impact of the provision of appropriate
assistive technology and appropriate services to the
individual in the customary environment of the individual;
(B) a service consisting of purchasing, leasing, or
otherwise providing for the acquisition of assistive
technology devices by individuals with disabilities;
(C) a service consisting of selecting, designing, fitting,
customizing, adapting, applying, maintaining, repairing,
replacing, or donating assistive technology devices;
(D) coordination and use of necessary therapies,
interventions, or services with assistive technology devices,
such as therapies, interventions, or services associated with
education and rehabilitation plans and programs;
(E) training or technical assistance for an individual with
a disability or, where appropriate, the family members,
guardians, advocates, or authorized representatives of such
an individual; and
(F) training or technical assistance for professionals
(including individuals providing education and rehabilitation
services and entities that manufacture or sell assistive
technology devices), employers, providers of employment and
training services, or other individuals who provide services
to, employ, or are otherwise substantially involved in the
major life functions of individuals with disabilities.
(7) Capacity building and advocacy activities.--The term
``capacity building and advocacy activities'' means efforts
that--
(A) result in laws, regulations, policies, practices,
procedures, or organizational structures that promote
consumer-responsive programs or entities; and
[[Page S7464]]
(B) facilitate and increase access to, provision of, and
funding for, assistive technology devices and assistive
technology services,
in order to empower individuals with disabilities to achieve
greater independence, productivity, and integration and
inclusion within the community and the workforce.
(8) Comprehensive statewide program of technology-related
assistance.--The term ``comprehensive statewide program of
technology-related assistance'' means a consumer-responsive
program of technology-related assistance for individuals with
disabilities, implemented by a State, and equally available
to all individuals with disabilities residing in the State,
regardless of their type of disability, age, income level, or
location of residence in the State, or the type of assistive
technology device or assistive technology service required.
(9) Consumer-responsive.--The term ``consumer-
responsive''--
(A) with regard to policies, means that the policies are
consistent with the principles of--
(i) respect for individual dignity, personal
responsibility, self-determination, and pursuit of meaningful
careers, based on informed choice, of individuals with
disabilities;
(ii) respect for the privacy, rights, and equal access
(including the use of accessible formats) of such
individuals;
(iii) inclusion, integration, and full participation of
such individuals in society;
(iv) support for the involvement in decisions of a family
member, a guardian, an advocate, or an authorized
representative, if an individual with a disability requests,
desires, or needs such involvement; and
(v) support for individual and systems advocacy and
community involvement; and
(B) with respect to an entity, program, or activity, means
that the entity, program, or activity--
(i) is easily accessible to, and usable by, individuals
with disabilities and, when appropriate, their family
members, guardians, advocates, or authorized representatives;
(ii) responds to the needs of individuals with disabilities
in a timely and appropriate manner; and
(iii) facilitates the full and meaningful participation of
individuals with disabilities (including individuals from
underrepresented populations and rural populations) and their
family members, guardians, advocates, and authorized
representatives, in--
(I) decisions relating to the provision of assistive
technology devices and assistive technology services to such
individuals; and
(II) decisions related to the maintenance, improvement, and
evaluation of the comprehensive statewide program of
technology-related assistance, including decisions that
affect capacity building and advocacy activities.
(10) Disability.--The term ``disability'' means a condition
of an individual that is considered to be a disability or
handicap for the purposes of any Federal law other than this
Act or for the purposes of the law of the State in which the
individual resides.
(11) Individual with a disability; individuals with
disabilities.--
(A) Individual with a disability.--The term ``individual
with a disability'' means any individual of any age, race, or
ethnicity--
(i) who has a disability; and
(ii) who is or would be enabled by an assistive technology
device or an assistive technology service to minimize
deterioration in functioning, to maintain a level of
functioning, or to achieve a greater level of functioning in
any major life activity.
(B) Individuals with disabilities.--The term ``individuals
with disabilities'' means more than 1 individual with a
disability.
(12) Institution of higher education.--The term
``institution of higher education'' has the meaning given
such term in section 101(a) of the Higher Education Act of
1965 (20 U.S.C. 1001(a)), and includes a community college
receiving funding under the Tribally Controlled College or
University Assistance Act of 1978 (25 U.S.C. 1801 et seq.).
(13) Protection and advocacy services.--The term
``protection and advocacy services'' means services that--
(A) are described in subtitle C of title I of the
Developmental Disabilities Assistance and Bill of Rights Act
of 2000 (42 U.S.C. 15041 et seq.), the Protection and
Advocacy for Individuals with Mental Illness Act (42 U.S.C.
10801 et seq.), or section 509 of the Rehabilitation Act of
1973 (29 U.S.C. 794e); and
(B) assist individuals with disabilities with respect to
assistive technology devices and assistive technology
services.
(14) Protection and advocacy system.--The term ``protection
and advocacy system'' means a protection and advocacy system
established under subtitle C of title I of the Developmental
Disabilities Assistance and Bill of Rights Act of 2000 (42
U.S.C. 15041 et seq.).
(15) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(16) State.--
(A) In general.--Except as provided in subparagraph (B),
the term ``State'' means each of the several States of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, the United States Virgin Islands, Guam, American
Samoa, and the Commonwealth of the Northern Mariana Islands.
(B) Outlying areas.--In section 4(b):
(i) Outlying area.--The term ``outlying area'' means the
United States Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
(ii) State.--The term ``State'' does not include the United
States Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
(17) State assistive technology program.--The term ``State
assistive technology program'', except as used in section
4(c)(2)(E), means a program authorized under section 4 or
6(a).
(18) Targeted individuals and entities.--The term
``targeted individuals and entities'' means--
(A) individuals with disabilities of all ages and their
family members, guardians, advocates, and authorized
representatives;
(B) underrepresented populations, including the aging
workforce;
(C) individuals who work for public or private entities
(including centers for independent living described in part C
of title VII of the Rehabilitation Act of 1973 (29 U.S.C.
796f et seq.), insurers, or managed care providers) that have
contact with individuals with disabilities;
(D) educators at all levels (including providers of early
intervention services, elementary schools, secondary schools,
community colleges, and vocational and other institutions of
higher education) and related services personnel;
(E) technology experts (including web designers and
procurement officials);
(F) health, allied health, and rehabilitation professionals
and hospital employees (including discharge planners);
(G) employers, especially small business employers, and
providers of employment and training services;
(H) entities that manufacture or sell assistive technology
devices;
(I) policymakers and service providers;
(J) entities that carry out community programs designed to
develop essential community services in rural and urban
areas, including AgrAbility projects, Rural Business-
Cooperative Service programs, Community Development Financial
Institution Fund programs, and other rural and urban
programs; and
(K) other appropriate individuals and entities, as
determined for a State by the State advisory council.
(19) Technology-related assistance.--The term ``technology-
related assistance'' means assistance provided through
capacity building and advocacy activities that accomplish the
purposes described in section 2(b)(2).
(20) Underrepresented population.--The term
``underrepresented population'' means a population that is
typically underrepresented in service provision, and includes
populations such as persons who have low-incidence
disabilities, persons who are minorities, poor persons,
persons with limited English proficiency, older individuals,
or persons from rural areas.
(21) Universal design.--The term ``universal design'' means
a concept or philosophy for designing and delivering products
and services that are usable by people with the widest
possible range of functional capabilities, which include
products and services that are directly accessible (without
requiring assistive technologies) and products and services
that are interoperable with assistive technologies.
SEC. 4. STATE GRANTS FOR ASSISTIVE TECHNOLOGY.
(a) Grants to States.--
(1) In general.--The Secretary shall award grants under
subsection (b) to States to support activities that increase
access to assistive technology and accessible information
technology and telecommunications, for individuals with
disabilities across the human lifespan and across the wide
array of disabilities, on a statewide basis.
(2) Period of grant.--The Secretary shall provide
assistance through such a grant to a State for not more than
5 years.
(b) Amount of Financial Assistance.--
(1) In general.--From funds appropriated under section
10(a) for a fiscal year and available to carry out this
section, the Secretary shall award a grant to each eligible
State and eligible outlying area based on the corresponding
allotment determined under paragraph (2).
(2) Allotments.--
(A) In general.--Except as provided in subparagraphs (B)
and (C), from the funds described in paragraph (1), the
Secretary shall allot not less than $500,000 to each State
and not less than $150,000 to each outlying area for each
fiscal year.
(B) Lower appropriation year.--For a fiscal year for which
the amount of the funds described in paragraph (1) is less
than $29,000,000, from those funds, the Secretary--
(i) shall allot to each State or outlying area the amount
the State or outlying area received for fiscal year 2004 to
carry out section 101 of the Assistive Technology Act of
1998, as in effect on the day before the date of enactment of
this Act; and
(ii) from any funds remaining after the Secretary makes the
allotments described in clause (i), shall allot to each State
an equal amount.
(C) Higher appropriation year.--For a fiscal year for which
the amount of the funds described in paragraph (1) is not
less than $29,000,000, from those funds, the Secretary--
(i) from a portion of the funds equal to $29,000,000, shall
make the allotments described in clauses (i) and (ii) of
subparagraph (B);
[[Page S7465]]
(ii) from any funds remaining after the Secretary makes the
allotments described in clause (i), shall allot to each
outlying area an additional amount, so that each outlying
area receives a total allotment of not less than $150,000
under this paragraph; and
(iii) from any funds remaining after the Secretary makes
the allotments described in clauses (i) and (ii)--
(I) shall allot to each State an amount that bears the same
relationship to 80 percent of the remainder as the population
of the State bears to the population of all States; and
(II) from 20 percent of the remainder, shall allot to each
State an equal amount.
(3) Carryover.--Any amount paid to a State program for a
fiscal year under this section shall remain available to such
program for obligation until the end of the next fiscal year
for the purposes for which such amount was originally
provided, except that program income generated from such
amount shall remain available to such program until expended.
(c) Lead Agency, Implementing Entity, and Advisory
Council.--
(1) Lead agency and implementing entity.--
(A) Lead agency.--The Governor shall designate a lead
agency to control and administer the funds made available
through the grant awarded to the State under this section.
(B) Implementing entity.--
(i) In general.--The Governor shall designate an agency,
office, or other entity to carry out State activities under
this section (referred to in this section as the
``implementing entity''), if such implementing entity is
different from the lead agency.
(ii) Type of entity.--In designating the implementing
entity, the Governor may designate--
(I) a commission, council, or other official body appointed
by the Governor;
(II) a public-private partnership or consortium;
(III) a public agency, including the immediate office of
the Governor, a State oversight office, a State agency, a
public institution of higher education, a University Center
for Excellence in Developmental Disabilities Education,
Research, and Service established under subtitle D of title I
of the Developmental Disabilities Assistance and Bill of
Rights Act of 2000 (42 U.S.C. 15061 et seq.), or another
public entity;
(IV) a council established under Federal or State law;
(V) an incorporated private nonprofit organization
described in section 501(c)(3) of the Internal Revenue Code
of 1986 and exempt from tax under section 501(a) of that
Code; or
(VI) another appropriate agency, office, or entity.
(iii) Expertise, experience, and ability.--In designating
the implementing entity, the Governor shall designate an
entity with expertise, experience, and ability with respect
to--
(I) providing leadership in developing State initiatives
related to assistive technology and accessible information
technology and telecommunications;
(II) responding to assistive technology and accessible
information technology and telecommunications needs of
individuals with disabilities with the full range of
disabilities and of all ages; and
(III) promoting availability throughout the State of
assistive technology devices, assistive technology services,
and accessible information technology and telecommunications.
(C) Change in agency or entity.--On obtaining the approval
of the Secretary, the Governor may redesignate the lead
agency, or the implementing entity, if the Governor shows to
the Secretary good cause why the entity designated as the
lead agency, or the implementing entity, respectively, should
not serve as that agency or entity, respectively. The
Governor shall make the showing in the application described
in subsection (d) or other documentation requested by the
Secretary.
(2) Advisory council.--
(A) In general.--There shall be established an advisory
council to provide consumer-responsive, consumer-driven
decisionmaking for, planning of, implementation of, and
evaluation of the activities carried out through the grant.
(B) Composition and representation.--
(i) Individuals with disabilities.--A majority, not less
than 51 percent, of the members of the advisory council shall
be individuals with disabilities that use assistive
technology, or family members or guardians of such
individuals.
(ii) Composition.--The advisory council shall be composed
of--
(I) a representative of the designated State agency, as
defined in section 7 of the Rehabilitation Act of 1973 (29
U.S.C. 705) and the State agency for individuals who are
blind (within the meaning of section 101 of that Act (29
U.S.C. 721)), if such agency is separate;
(II) a representative of a State center for independent
living described in part C of title VII of the Rehabilitation
Act of 1973 (29 U.S.C. 796f et seq.);
(III) a representative of the State workforce investment
board established under section 111 of the Workforce
Investment Act of 1998 (29 U.S.C. 2821);
(IV) a representative of the State educational agency, as
defined in section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801);
(V) a representative of the State agency for the medicaid
program established under title XIX of the Social Security
Act (42 U.S.C. 1396 et seq.);
(VI) the Director of the State assistive technology
program;
(VII) representatives of other State agencies, public
agencies, and private organizations, as determined by the
State; and
(VIII) individuals with disabilities, or parents, family
members, or guardians of individuals with disabilities, who
represent recipients of services from the entities identified
in subclauses (I) through (VII).
(iii) Representation.--The advisory council shall be
geographically representative of the State and reflect the
diversity of the State with respect to race, ethnicity, types
of disabilities across the age span, and users of types of
services that an individual with a disability may receive.
(C) Expenses.--The members of the advisory council shall
receive no compensation for their service on the advisory
council, but shall be reimbursed for reasonable and necessary
expenses actually incurred in the performance of official
duties for the advisory council.
(D) Period.--The members of the State advisory council
shall be appointed not later than 90 days after the approval
of the State application described in subsection (d).
(E) Impact on existing statutes, rules, or policies.--
Nothing in this paragraph shall be construed to affect State
statutes, rules, or official policies relating to advisory
bodies for State assistive technology programs or require
changes to governing bodies of incorporated agencies who
carry out State assistive technology programs.
(d) Application.--
(1) In general.--Any State that desires to receive a grant
under this section shall submit an application to the
Secretary, at such time, in such manner, and containing such
information as the Secretary may require.
(2) Lead agency and implementing entity.--The application
shall contain information identifying and describing the lead
agency referred to in subsection (c)(1)(A). The application
shall contain information identifying and describing the
implementing entity referred to in subsection (c)(1)(B),
including information describing the expertise, experience,
and ability of the entity.
(3) Advisory council.--The application shall contain an
assurance that an advisory council will be established in
accordance with subsection (c)(2).
(4) Involvement of public and private entities.--The
application shall describe how various public and private
entities were involved in the development of the application
and will be involved in the implementation of the activities
to be carried out through the grant, including--
(A) in cases determined to be appropriate by the State or
the State advisory council, a description of the nature and
extent of resources that will be committed by public and
private collaborators to assist in accomplishing identified
goals; and
(B) a description of the mechanisms established to ensure
coordination of activities and collaboration between the
implementing entity and a State or entity that receives a
grant under section 6(a).
(5) Implementation.--The application shall include a
description of--
(A) how the State will implement each of the required
activities described in subsection (e), except as provided in
subparagraph (A) or (B) of subsection (e)(1); and
(B) how the State will allocate and utilize grant funds to
implement the activities.
(6) Assurances.--The application shall include assurances
that--
(A) the State will annually collect data related to the
required activities in order to prepare the progress reports
required under subsection (f);
(B) funds received through the grant--
(i) will be expended in accordance with this section, on
initiatives identified by the advisory council described in
subsection (c)(2);
(ii) will be used to supplement, and not supplant, funds
available from other sources for technology-related
assistance, including the provision of assistive technology
devices and assistive technology services;
(iii) will not be used to pay a financial obligation for
technology-related assistance (including the provision of
assistive technology devices or assistive technology
services) that would have been paid with funds from other
sources if funds had not been available through the grant;
and
(iv) will not be commingled with State or other funds,
except that the State may, subject to such documentation
requirements as the Secretary may establish, pool funds
received through the grant with other public or private funds
to achieve a goal specified in an application approved under
this section;
(C) the lead agency will control and administer the funds
received through the grant;
(D) the State will adopt such fiscal control and accounting
procedures as may be necessary to ensure proper disbursement
of and accounting for the funds received through the grant;
and
(E) the State (including the State lead agency) will not
use more than 10 percent of the funds received through the
grant for indirect costs.
(e) Use of Funds.--
(1) In general.--Any State that receives a grant under this
section shall use the funds made available through the grant
to carry out the activities described in paragraph (2),
[[Page S7466]]
except that the State shall not be required to carry out an
activity if--
(A) another entity in the State is providing the same or a
similar activity; or
(B) the advisory council described in subsection (c)(2)
determines through a needs assessment that the residents of
the State consider the activity to be unwarranted.
(2) Required activities.--
(A) State financing systems.--The State shall support
activities to increase access to, and funding for, assistive
technology devices and assistive technology services (which
shall not include direct payment for such a device or service
for an individual with a disability but may include support
and administration of a program to provide such payment),
including development of systems to provide and pay for such
devices and services, for targeted individuals described in
section 3(18)(A), such as--
(i) support for the development of systems for the
purchase, lease, or other acquisition of, or payment for,
assistive technology devices and assistive technology
services; or
(ii) support for the development of State-financed or
privately financed alternative financing systems of subsidies
(which may include studying the feasibility of, improving,
administering, operating, providing capital for, or
collaborating with an entity with respect to, such a system)
for the provision of assistive technology devices (including
related accessible information technology and
telecommunications) and assistive technology services, such
as--
(I) a low-interest loan fund;
(II) an interest buy-down program;
(III) a revolving loan fund;
(IV) a loan guarantee or insurance program;
(V) a program providing for the purchase, lease, or other
acquisition of assistive technology devices or assistive
technology services; or
(VI) another mechanism that is approved by the Secretary.
(B) Device demonstrations.--
(i) In general.--The State shall directly, or in
collaboration with public and private entities, such as one-
stop partners, as defined in section 101 of the Workforce
Investment Act of 1998 (29 U.S.C. 2801), demonstrate, assist
individuals in making informed choices regarding, and provide
experiences with, a variety of assistive technology devices
and assistive technology services, using personnel who are
familiar with such devices and services and their
applications.
(ii) Comprehensive information.--The State shall directly,
or through referrals, provide to individuals, to the extent
practicable, comprehensive information about State and local
assistive technology venders, providers, and repair services.
(C) Device loan programs.--The State shall directly, or in
collaboration with public or private entities, carry out
device loan programs that provide short-term loans of
assistive technology devices to individuals, employers,
public agencies, or others seeking to meet the needs of
individuals with disabilities.
(D) Device re-utilization programs.--The State shall
directly, or in collaboration with public or private
entities, carry out assistive technology device re-
utilization programs that provide for the exchange, repair,
recycling, or other re-utilization of assistive technology
devices, which may include redistribution through device
sales, loans, rentals, or donations.
(E) Training and technical assistance.--
(i) In general.--The State shall directly, or provide
support to public or private entities with demonstrated
expertise in collaborating with public or private agencies
that serve individuals with disabilities to develop and
disseminate training materials, conduct training, and provide
technical assistance, for individuals from local settings
statewide, including representatives of State and local
educational agencies, other State and local agencies, early
intervention programs, adult service programs, hospitals and
other health care facilities, institutions of higher
education, and businesses.
(ii) Authorized activities.--In carrying out activities
under clause (i), the State shall carry out activities that
enhance the knowledge, skills, and competencies of
individuals from local settings described in clause (i),
which may include--
(I) general awareness training on the benefits of assistive
technology and the Federal, State, and private funding
sources available to assist targeted individuals and entities
in acquiring assistive technology;
(II) skills-development training in assessing the need for
assistive technology devices and assistive technology
services;
(III) training to ensure the appropriate application and
use of assistive technology devices, assistive technology
services, accessible information technology and
telecommunications, and accessible technology for e-
government functions;
(IV) training in the importance of culturally competent and
linguistically appropriate approaches to assessment and
implementation; and
(V) technical training on integrating assistive technology
into the development and implementation of service plans,
including any education, health, discharge, Olmstead,
employment, or other plan required under Federal or State
law.
(F) Public awareness.--
(i) In general.--The State shall conduct public-awareness
activities designed to provide information to targeted
individuals and entities relating to the availability and
benefits of assistive technology devices and assistive
technology services.
(ii) Collaboration.--The State shall collaborate with a
training and technical assistance provider described in
section 7(b)(1) to carry out public awareness activities
focusing on infants, toddlers, children, transition-age
youth, employment-age adults, seniors, and employers.
(iii) Statewide information and referral system.--
(I) In general.--The State shall directly, or in
collaboration with public or private (such as nonprofit)
entities, provide for the continuation and enhancement of a
statewide information and referral system designed to meet
the needs of targeted individuals and entities.
(II) Content.--The system shall deliver information on--
(aa) assistive technology devices and accessible
information technology and telecommunications products;
(bb) assistive technology services, with specific data
regarding provider availability within the State; and
(cc) the availability of resources, including funding
through public and private sources, to obtain assistive
technology devices, accessible information technology and
telecommunications products, and assistive technology
services.
(G) Interagency coordination and collaboration.--The State
shall promote improved coordination of activities and
collaboration among public and private entities that are
responsible for policies, procedures, or funding for the
provision of assistive technology devices and assistive
technology services to individuals with disabilities, service
providers, and others.
(H) Targeted population activity.--
(i) In general.--The State shall directly, or in
collaboration with public or private entities, carry out
coordinated activities to improve access to assistive
technology devices and assistive technology services for 1
State-chosen targeted population, consisting of--
(I) elementary and secondary school students, elementary
and secondary education providers, and related personnel;
(II) adult service provider clients, adult service
providers, and related personnel; or
(III) employees, employment providers, and related
personnel.
(ii) Required activities.--In carrying out activities under
clause (i), the State shall carry out targeted initiatives
consisting of 2 or more of the required activities described
in subparagraphs (A) through (F), including--
(I) public-awareness activities described in subparagraph
(F); and
(II) training and technical assistance described in
subparagraph (E) which shall include technical training
described in subparagraph (E)(v).
(iii) Optional activities.--In carrying out activities
under clause (i), the State may carry out State-identified
improvement projects, which may include activities to--
(I) improve the timely acquisition or retention and
utilization of appropriate assistive technology for students
in transition;
(II) increase utilization of technology solutions to
enhance community integration and aging in place; and
(III) increase integration of assistive technology and
accessible information technology and telecommunications into
the services provided at one-stop centers established under
subtitle B of title I of the Workforce Investment Act of 1998
(29 U.S.C. 2831 et seq.).
(3) Conditions.--
(A) Covered state.--In this paragraph, a ``covered State''
means a State that received funds for an alternative
financing mechanism under--
(i) title III of the Assistive Technology Act of 1998, as
in effect on the day before the date of enactment of this
Act; and
(ii) a grant awarded under this section, to carry out
activities described in paragraph (2)(A).
(B) Requirements.--Each covered State shall meet the
requirements of subparagraphs (B) and (C) of section 6(a)(5),
except that references in those subparagraphs to a grant
shall be considered to be references to the grant described
in subparagraph (A)(ii).
(4) State funds.--A State may use State funds to carry out
activities described in paragraph (2)(A) for additional
targeted individuals and entities (other than individuals and
entities described in section 3(18)(A)) if the State advisory
council described in subsection (c)(2) approves the
additional targeted individuals and entities.
(f) Progress Reports.--
(1) Data collection.--States shall participate in data
collection as required by law, including data collection
required for preparation of the report described in paragraph
(2).
(2) Reports.--
(A) In general.--Not later than December 31 of each year,
the Secretary shall prepare and submit to the President and
to Congress a report on the activities funded under this Act.
(B) Contents.--The report shall include data collected
pursuant to this section and section 6(a)(7). The report
shall document, with respect to activities carried out under
this section and section 6(a)--
(i) the number and dollar amount of financial loans made;
(ii) the number and type of assistive technology device
demonstrations provided;
[[Page S7467]]
(iii) the number and type of assistive technology devices
loaned through device loan programs;
(iv) the number and estimated value of assistive technology
devices exchanged, repaired, recycled, or re-utilized
(including redistributed through device sales, loans,
rentals, or donations) through device re-utilization
programs;
(v)(I) the number and general characteristics of
individuals who participated in training (such as individuals
with disabilities, parents, educators, employers, providers
of employment services, health care workers, counselors,
other service providers, or vendors) and the topics of such
training; and
(II) to the extent practicable, the geographic distribution
of individuals who participate in training or technical
assistance activities;
(vi) the amount and nature of technical assistance provided
to State and local agencies and other entities;
(vii) the number of individuals assisted through the
public-awareness activities and statewide information and
reference system;
(viii) the outcomes of any improvement initiatives carried
out by the State as a result of activities funded under this
section, including a description of any written policies,
practices, and procedures that the State has developed and
implemented regarding access to, provision of, and funding
for, assistive technology devices, accessible information
technology and telecommunications, and assistive technology
services, in the contexts of education, health care,
employment, community living, and information technology and
telecommunications, including e-government;
(ix) the outcomes of interagency coordination and
collaboration activities carried out by the State that
support access to assistive technology, including
documenting--
(I) the type of, purpose for, and source of leveraged
funding or other contributed resources from public and
private entities, and the number of individuals served with
those resources for which information is not reported under
clauses (i) through (viii) or clause (x), and other outcomes
accomplished as a result of such activities carried out with
those resources; and
(II) the type of, purpose for, and amount of funding
provided through subcontracts or other collaborative
resource-sharing agreements with public and private entities,
including community-based nonprofit organizations, and the
number of individuals served through those agreements for
which information is not reported under clauses (i) through
(viii) or clause (x), and other outcomes accomplished as a
result of such activities carried out through those
agreements;
(x) measured outcomes of activities undertaken to improve
access to assistive technology devices and assistive
technology services for targeted populations; and
(xi) the level of customer satisfaction with, or the
outcomes of, the services provided.
SEC. 5. STATE GRANTS FOR PROTECTION AND ADVOCACY SERVICES
RELATED TO ASSISTIVE TECHNOLOGY.
(a) Grants.--
(1) In general.--The Secretary shall make grants under
subsection (b) to protection and advocacy systems in each
State for the purpose of enabling such systems to assist in
the acquisition, utilization, or maintenance of assistive
technology devices or assistive technology services for
individuals with disabilities.
(2) General authorities.--In providing such services,
protection and advocacy systems shall have the same general
authorities as the systems are afforded under subtitle C of
title I of the Developmental Disabilities Assistance and Bill
of Rights Act of 2000 (42 U.S.C. 15041 et seq.), as
determined by the Secretary.
(b) Grants.--
(1) Reservation.--For each fiscal year, the Secretary shall
reserve such sums as may be necessary to carry out paragraph
(4).
(2) Population basis.--On October 1 of each year, from the
funds appropriated under section 10(b) and remaining after
the reservations required by paragraph (1) have been made,
the Secretary shall make a grant to a protection and advocacy
system within each State in an amount bearing the same ratio
to the remaining funds as the population of the State bears
to the population of all States.
(3) Minimums.--Subject to the availability of
appropriations, the amount of a grant to a protection and
advocacy system under paragraph (2) for a fiscal year shall--
(A) in the case of a protection and advocacy system located
in American Samoa, Guam, the United States Virgin Islands, or
the Commonwealth of the Northern Mariana Islands, not be less
than $30,000; and
(B) in the case of a protection and advocacy system located
in a State not described in subparagraph (A), not be less
than $50,000.
(4) Payment to the system serving the american indian
consortium.--
(A) In general.--The Secretary shall make grants to the
protection and advocacy system serving the American Indian
Consortium to provide services in accordance with this
section.
(B) Amount of grants.--The amount of such grants shall be
the same as provided under paragraph (3)(A), as increased
under paragraph (5).
(5) Minimum grant increase.--For each fiscal year for which
the total amount appropriated under section 10(b) is
$4,419,000 or more, and such appropriated amount exceeds the
total amount appropriated under such section (or a
predecessor authority) for the preceding fiscal year, the
Secretary shall increase each of the minimum grant amounts
described in subparagraphs (A) and (B) of paragraph (3) by a
percentage equal to the percentage increase (if any) in the
total amount appropriated under section 10(b) (or a
predecessor authority) to carry out this section between the
preceding fiscal year and the fiscal year involved.
(c) Direct Payment.--Notwithstanding any other provision of
law, the Secretary shall pay directly to any protection and
advocacy system that complies with this section, the total
amount of the grant made for such system under this section,
unless the system provides otherwise for payment of the grant
amount.
(d) Certain States.--
(1) Grant to lead agency.--Notwithstanding any other
provision of this section, with respect to a State that, on
November 12, 1998, was described in section 102(f)(1) of the
Technology-Related Assistance for Individuals With
Disabilities Act of 1988, the Secretary shall pay the amount
of the grant described in subsection (a), and made under
subsection (b), to the lead agency designated under section
4(c)(1) for the State.
(2) Distribution of funds.--A lead agency to which a grant
is awarded under paragraph (1) shall determine the manner in
which funds made available through the grant will be
allocated among the entities that were providing protection
and advocacy services in that State on the date described in
such paragraph, and shall distribute funds to such entities.
In distributing such funds, the lead agency shall not
establish any additional eligibility or procedural
requirements for an entity in the State that supports
protection and advocacy services through a protection and
advocacy system. Such an entity shall comply with the same
requirements (including reporting and enforcement
requirements) as any other entity that receives funding under
this section.
(3) Application of provisions.--Except as provided in this
subsection, the provisions of this section shall apply to the
grant in the same manner, and to the same extent, as the
provisions apply to a grant to a system.
(e) Carryover.--Any amount paid to a protection and
advocacy system for a fiscal year under this section shall
remain available to such system for obligation until the end
of the next fiscal year for the purposes for which such
amount was originally provided, except that program income
generated from such amount shall remain available to such
system until expended.
(f) Annual Report.--Each protection and advocacy system
that receives a payment under this section shall submit an
annual report to the Secretary concerning the services
provided and outcomes of services provided under this section
to individuals with disabilities for the purposes of
assisting in the acquisition, utilization, or maintenance of
assistive technology devices or assistive technology
services.
SEC. 6. SUPPLEMENTARY GRANTS AND PROJECTS OF NATIONAL
SIGNIFICANCE.
(a) Supplementary Grants.--
(1) grants.--
(A) In general.--The Secretary shall award supplementary
grants, on a competitive basis, to States or other entities
to carry out 1 or more of the activities described in
paragraph (6), either directly or through subgrants to or
other collaborative mechanisms with public or private
entities, to allow individuals with disabilities and their
family members, guardians, advocates, and authorized
representatives to purchase or have increased access to
assistive technology devices and assistive technology
services. The Secretary shall award such a grant to not more
than 1 entity in each State.
(B) Period of grants.--The Secretary shall award grants
under this subsection for periods of 12 months.
(2) Eligibility.--To be eligible to receive a grant under
this subsection, a State shall have received a grant under
section 4 or under section 101 of the Assistive Technology
Act of 1998, as in effect on the day before the date of
enactment of this Act.
(3) Applications.--A State or entity that desires to
receive a grant under this subsection shall submit an
application to the Secretary at such time, in such manner,
and containing such information as the Secretary may require,
including the following:
(A)(i) A description of--
(I) the goals the State or entity has identified for the
supplementary grant; and
(II) the activities the State or entity will carry out to
achieve such goals, in accordance with the requirements of
paragraphs (5) and (6).
(ii) A description of how the State or entity will measure
whether the goals identified by the State or entity have been
achieved by the end of the grant period.
(B) A description of the proposed use of funds to meet the
identified goals.
(C) If the application is submitted by an entity other than
the implementing entity for the State assistive technology
program, a description of the mechanisms established to
ensure coordination of activities and collaboration with the
implementing entity.
(D) In the case of an application for a grant for an
alternative financing loan program described in paragraph
(6)(A), information identifying and describing--
[[Page S7468]]
(i) a consumer-based organization that has individuals with
disabilities involved in organizational decisionmaking at all
organizational levels, that will administer the alternative
financing loan program; and
(ii) a commercial lending institution, State financing
agency, or other qualified entity who will facilitate
implementation of the program.
(E) A description of resources that have been committed for
the activities to be carried out under the grant and
assurances that--
(i) the State or entity will provide any required non-
Federal contributions toward the cost of the activities;
(ii) the State or entity will make every effort to continue
the activities on a permanent basis;
(iii) the funds made available through the grant to support
the activities will supplement and not supplant other funds
available to provide such activities;
(iv) in the case of a grant for an alternative financing
loan program described in paragraph (6)(A)--
(I) all funds that support the alternative financing loan
program, including the grant funds, funds provided for the
non-Federal contributions described in clause (i), funds
repaid during the life of the program, and any interest or
investment income resulting from the program, will be placed
in a permanent separate account and identified and accounted
for separately from any other funds;
(II) such account will be--
(aa) used only to support the alternative financing
program;
(bb) administered by an organization that has individuals
with disabilities involved in organizational decisionmaking
at all organizational levels; and
(cc) administered with the same judgment and care that a
person of prudence, discretion, and intelligence would
exercise in the management of the financial affairs of such
person; and
(III) if the funds in the account are invested, the funds
will be invested in low-risk securities in which a regulated
insurance company may invest under the law of the State.
(4) Preferences.--
(A) Experience.--In awarding grants under this subsection
for activities described in subparagraph (A) or (B) of
paragraph (6), the Secretary shall give preference to a State
entity or other entity that--
(i) has experience carrying out similar activities; or
(ii) received a grant under title III of the Assistive
Technology Act of 1998, as in effect on the day before the
date of enactment of this Act, or a predecessor authority.
(B) No prior grant or low grant total.--In awarding grants
under this subsection for activities described in paragraph
(6)(A), the Secretary may give preference to a State, or an
entity in a State, where the State has not received a grant,
or has received less than a total of $1,000,000 in grant
awards, under title III of the Assistive Technology Act of
1998, as in effect on the day before the date of enactment of
this Act. In awarding grants under this subsection for
activities described in paragraph (6)(B), the Secretary may
give preference to a State, or an entity in a State, where
the State has not operated a device loan program for
assistive technology or assistive technology devices.
(C) Limitations.--A State, or an entity in a State, where
the State has not received an alternative financing grant
described in subparagraph (B) may not receive an initial
grant under this subsection for activities described in
paragraph (6)(A) in an amount greater than $1,000,000. A
State, or an entity in a State, where the State has not
operated a device loan program described in subparagraph (B)
may not receive an initial grant under this subsection for
activities described in paragraph (6)(B) in an amount greater
than $1,000,000.
(5) Conditions on supplementary grants.--
(A) Payments to states or other entities.--Subject to the
conditions specified in this subsection, the Secretary shall
make payments to the States or entities that are selected to
receive supplementary grants awarded under this subsection.
(B) Obligation and expenditure.--A State or entity that
receives a grant under this subsection shall obligate and
expend the funds made available through the grant during the
period of the grant.
(C) Matching requirement.--With respect to the cost to be
incurred by a State or entity that receives a grant under
this subsection to carry out activities described in
paragraph (6), a State or entity that receives such a grant
in an amount of more than $500,000 shall make available non-
Federal contributions in an amount not less than $1 for every
$5 of Federal funds provided under the grant.
(D) Indirect costs.--No State or entity shall use more than
10 percent of the funds made available through a grant
awarded under this subsection for indirect costs.
(6) Activities.--The State or entity may use funds made
available through a grant awarded under this subsection to
carry out 1 or more of the following activities:
(A) Alternative financing loan programs capital infusion
grants.--The establishment or expansion, and administration,
of an alternative financing loan program to allow targeted
individuals and entities described in section 3(18)(A) to
purchase assistive technology devices and assistive
technology services, accessible information technology and
telecommunications, and related goods and services required
for the independence and productivity of an individual with a
disability. The program may include--
(i) a low-interest loan fund program;
(ii) an interest buy-down program;
(iii) a revolving loan fund program;
(iv) a loan guarantee or insurance program; or
(v) a program based on another financing mechanism that is
approved by the Secretary.
(B) Device loan programs capital infusion grants.--The
expansion and administration of device loan programs to meet
unique or comprehensive State needs, such as the expansion
and administration of the programs through--
(i) joint funding agreements between the implementing
entity for the State assistive technology program and
educational agencies, vocational rehabilitation agencies,
entities providing medical assistance, or other public or
private entities who pay for assistive technology devices; or
(ii) a specialized State-specific funding stream or pool
for the purchase of assistive technology to be loaned.
(C) State funds.--A State may use State funds to carry out
activities described in subparagraph (A) for additional
targeted individuals and entities (other than individuals and
entities described in section 3(18)(A)) if the State advisory
council described in section 4(c)(2) and the consumer-based
organization described in paragraph (3)(D) approve the
additional targeted individuals and entities.
(7) Progress reports.--
(A) in general.--Each State or entity that receives a
grant under this subsection shall prepare and submit to the
Secretary a status report not later than 7 months after the
date on which the State or entity receives the grant and a
final report not later than 18 months after the date on which
the State or entity receives the grant. Each report shall
document the progress of the State or entity in meeting the
goals described in paragraph (3)(A)(i)(I).
(B) Alternative financing loan program data required.--A
State or entity that receives a grant for an alternative
financing loan program described in paragraph (6)(A) shall
include in each report loan data with respect to the program
for the period of the grant award, including--
(i) the number and dollar amount of loans made under that
paragraph for--
(I) loan applications received;
(II) loan applications approved; and
(III) loan applications not approved;
(ii) the default rate of the loans;
(iii) the range of interest rates and average interest rate
for the loans;
(iv) the range of income and average income of approved
loan applicants for the loans;
(v) the types and dollar amounts of assistive technology
financed through the loans; and
(vi) the outcomes of the loan program, including
information relevant to the benefits to individuals utilizing
the program.
(C) Device loan programs data required.--A State that
receives a grant for an device loan program described in
paragraph (6)(B) shall include in each report loan data with
respect to the program for the period of the grant award,
including--
(i) the number and type of assistive technology devices
loaned under that paragraph;
(ii) the general characteristics of borrowers (such as
individuals with disabilities, parents, educators, employers,
providers of employment services, health care workers,
counselors, other service providers, or venders);
(iii) the purposes for which the loans were made; and
(iv) the outcomes of the loans, including information
relevant to the benefits to individuals utilizing the
program.
(8) Construction.--Nothing in this subsection shall be
construed as affecting the authority of a State to establish
an alternative financing system under section 4.
(b) Projects of National Significance.--
(1) Competitive grant for development of a national public-
awareness toolkit.--
(A) Purpose.--The purpose of this paragraph is to support
the development of a national public-awareness toolkit for
dissemination to State assistive technology programs, in
order to expand public-awareness efforts to reach targeted
individuals and entities, as defined in subparagraphs (A),
(B), (D), (F), (G), and (I) of section 3(18).
(B) Competitive technical assistance grant authorized.--The
Secretary may award a grant on a competitive basis to an
eligible partnership, to enable the partnership to carry out
the activities described in subparagraph (A).
(C) Eligible partnership.--To be eligible to receive the
grant, the partnership--
(i) shall consist of--
(I) an implementing entity for a State assistive technology
program or an organization or association that represents
implementing entities for State assistive technology
programs;
(II) a private or public entity from the media industry;
(III) a private entity from the assistive technology
industry; and
(IV) a private employer or an organization or association
that represents private employers; and
(ii) may include another entity determined by the Secretary
to be appropriate.
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(D) Applications.--To be eligible to receive a grant under
this paragraph, a partnership shall submit an application to
the Secretary at such time, in such manner, and containing
such information as the Secretary may require.
(E) Use of funds.--A partnership that receives a grant
under this paragraph shall use the funds made available
through the grant to develop a national public-awareness
toolkit, which shall contain appropriate multimedia materials
to reach targeted individuals and entities, as defined in
subparagraphs (A), (B), (D), (F), (G), and (I) of section
3(18), for dissemination to State assistive technology
programs.
(2) Research, development, and evaluation.--
(A) Competitive research, development, and evaluation
grants authorized.--The Secretary may award grants to
eligible entities to carry out research, development, and
evaluation of assistive technology.
(B) Eligible entities.--Entities eligible to receive a
grant under this paragraph shall include--
(i) providers of assistive technology services and
assistive technology devices;
(ii) public and private educational agencies serving
students in kindergarten, elementary school, or secondary
school;
(iii) institutions of higher education, including
University Centers for Excellence in Developmental
Disabilities Education, Research, and Service authorized
under subtitle D of title I of the Developmental Disabilities
Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15061 et
seq.), or such institutions offering rehabilitation
engineering programs, computer science programs, or
information technology programs;
(iv) manufacturers of assistive technology and accessible
information technology and telecommunications;
(v) consumer organizations concerned with assistive
technology;
(vi) professionals, organizations, and agencies, providing
services to individuals with disabilities; and
(vii) professionals, individuals, and organizations,
providing employment services to individuals with
disabilities.
(C) Priority activities.--In awarding such grants, the
Secretary shall give priority to funding projects that
address 1 or more of the following:
(i) Developing standards for reliability and accessibility
of assistive technology, and standards for interoperability
(including open standards) of assistive technology with
information technology, telecommunications products, and
other assistive technology.
(ii) Developing and implementing measurements and tools
that evaluate assistive technology for--
(I) conformity with reliability, accessibility and
interoperability standards developed under clause (i);
(II) usability by individuals with disabilities to meet
functional needs; or
(III) other characteristics that support increased
functional performance of assistive technology.
(iii) Developing assistive technology that benefits
individuals with disabilities or developing technologies or
practices that result in the adaptation, maintenance,
servicing, or improvement of assistive technology devices.
(D) Input.--An entity that receives a grant under this
paragraph shall, in developing and implementing the project
carried out through the grant, coordinate activities with the
implementing entity for the State assistive technology
program (or a national organization that represents such
programs) and the State advisory council described in section
4(c)(2) (or a national organization that represents such
councils).
(E) Report.--The entity shall prepare and submit a report
to the Secretary at such time, in such manner, and containing
such information as the Secretary may require.
(3) Personnel preparation centers.--
(A) Grants.--The Secretary shall award grants, on a
competitive basis, to public and private entities and
institutions of higher education, including University
Centers for Excellence in Developmental Disabilities
Education, Research, and Service established under subtitle D
of title I of the Developmental Disabilities Assistance and
Bill of Rights Act of 2000 (42 U.S.C. 15061 et seq.), to fund
the establishment or expansion of personnel preparation
centers.
(B) Eligible entities.--To be eligible to receive a grant
under this paragraph, an entity shall have--
(i) knowledge and skills to assess and evaluate the need
for assistive technology devices and assistive technology
services;
(ii) knowledge and skills to assist consumers in the
selection and acquisition of the devices and services; and
(iii) experience training professionals in school
districts, at early intervention service sites, and in adult
service provider settings, in geographically diverse areas
within the State.
(C) Application.--
(i) In general.--To be eligible to receive a grant under
this paragraph, an entity shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary may require.
(ii) Contents.--At a minimum, the application shall
include--
(I) a description of the entity's knowledge and skills
regarding assistive technology assessment and evaluation;
(II) a description of how the entity will collect training
outcome data;
(III) a description of the manner in which the entity will
carry out financial and programmatic responsibilities,
including any shared responsibilities, in implementing the
activities carried out under the grant;
(IV) a description of the relationship between the entity
and school personnel, early intervention service personnel,
and adult service provider personnel in the State; and
(V) a description of an advisory committee designated or
established under subparagraph (E).
(D) Use of funds.--An entity that receives a grant under
this paragraph shall use the funds made available through the
grant to carry out the activities described in subparagraph
(B).
(E) Advisory committee.--
(i) In general.--A council (which may be the advisory
council described in section 4(c)(2)) shall be designated to
serve as an advisory committee, or an advisory committee
shall be established, to make recommendations for the
training to be offered through the grant, the specific
populations to receive the training, and the reporting
requirements applicable to the entity under subparagraph (F).
(ii) Composition.--At a minimum, such advisory committee
shall be composed of--
(I) consumers of assistive technology services and
assistive technology devices;
(II) providers of assistive technology services and
assistive technology devices;
(III) the implementing entity for the State assistive
technology program; and
(IV) entities (other than the entity described in clause
(i)) that receive grants under this paragraph.
(F) Reporting requirements.--
(i) In general.--An entity that receives a grant under this
paragraph shall submit to the Secretary an annual report
detailing outcomes achieved through activities carried out
under the grant at such time, in such manner, and containing
such information as the Secretary may require, after
receiving the recommendations of the advisory committee
described in subparagraph (E) for the entity.
(ii) Contents.--At a minimum, the report shall include
information on--
(I) the number and geographical distribution of teachers
(broken down into general education and special education
categories) and other school personnel who received training
under this paragraph in the school year covered by the
report;
(II) the number and geographical distribution of early
intervention service personnel who received training under
this paragraph in the year covered by the report; and
(III) the number and geographical distribution of adult
service provider personnel who received training under this
paragraph in the year covered by the report.
(4) Period of grants.--The Secretary shall make grants
under this subsection for periods of 12 months.
(5) Conditions on projects of national significance.--
(A) Payments to partnerships and entities.--Subject to the
conditions specified in this paragraph, the Secretary shall
make payments to the partnerships and entities that are
selected to receive grants awarded under this subsection.
(B) Obligation and expenditure.--A partnership or entity
that receives a grant under this subsection shall obligate
and expend the funds made available through the grant during
the period of the grant.
(C) Matching requirement.--
(i) In general.--With respect to the cost to be incurred by
a partnership or entity that receives a grant under this
subsection in carrying out the activities for which the grant
was awarded, a partnership or entity that receives a grant
under this subsection in an amount of more than $50,000 shall
make available non-Federal contributions in an amount not
less than $1 for every $3 of the portion of the grant amount
that exceeds $50,000.
(ii) Non-federal contributions.--The partnership or entity
may make the non-Federal contributions available in cash or
in kind, fairly evaluated, including plant, equipment, or
services.
SEC. 7. TRAINING, TECHNICAL ASSISTANCE, DATA-COLLECTION,
REPORTING, AND INTERNET PROGRAMS.
(a) In General.--In order to strengthen and support State
assistive technology programs, and protection and advocacy
systems authorized under section 5, the Secretary may award 1
or more grants, contracts, or cooperative agreements on a
competitive basis under subsections (b) and (c) to provide
training and technical assistance, and conduct data
collection and reporting, about and for the State assistive
technology programs and protection and advocacy systems.
(b) Training and Technical Assistance; Data Collection and
Reporting.--
(1) State projects training and technical assistance
efforts.--
(A) In general.--The Secretary shall award grants,
contracts, and cooperative agreements to provide training and
technical assistance concerning State assistive technology
programs.
(B) Eligible entities.--To be eligible to receive a grant,
contract, or cooperative agreement under this paragraph, an
entity shall have personnel with--
(i) documented experience and expertise in administering
State assistive technology programs, including developing,
implementing, and administering the required and
[[Page S7470]]
discretionary activities described in sections 4 and 6(a);
and
(ii) documented experience in and knowledge about banking,
finance, and microlending.
(C) Application.--To be eligible to receive a grant,
contract, or cooperative agreement under this paragraph, an
entity shall submit an application to the Secretary at such
time, in such manner, and containing such information as the
Secretary may require.
(D) Training and technical assistance efforts.--In awarding
the grant, contract, or cooperative agreement, the Secretary
shall ensure that the recipient conducts a training and
technical assistance program, taking into account the
required input and collaborations described in subparagraph
(E), through which the recipient--
(i) addresses State-specific information requests
concerning assistive technology and accessible information
technology and telecommunications from implementing entities
for State assistive technology programs funded under this Act
and public and private entities not funded under this Act,
including--
(I) requests for information on effective approaches to
developing, implementing, evaluating, and sustaining required
and discretionary activities identified in sections 4 and
6(a), and requests for assistance in developing corrective
action plans;
(II) requests for examples of Federal, State, and local
policies, practices, procedures, regulations, interagency
agreements, administrative hearing decisions, or legal
actions that facilitate, and overcome barriers to, the
provision of funding for, and access to, assistive technology
devices, accessible information technology and
telecommunications, and assistive technology services for
individuals with disabilities; and
(III) other requests for training and technical assistance
from State assistive technology programs funded under this
Act and public and private entities not funded under this
Act, and other assignments specified by the Secretary; and
(ii) provides State-specific and national training and
technical assistance concerning assistive technology and
accessible information technology and telecommunications to
implementing entities for State assistive technology
programs, including financing systems, funded under section
4, other entities funded under this Act (with respect to the
required or discretionary activities that the entities carry
out under this Act and especially with respect to the
establishment or expansion, and administration (including
evaluation and sustenance), of alternative financing loan
programs under section 6(a)), and public and private entities
not funded under this Act, including--
(I) annually providing a forum for exchanging information
and promoting program and policy improvements in required
activities of the State assistive technology programs;
(II) facilitating on-site and electronic information
sharing using state-of-the-art Internet technologies such as
real-time online discussions, multipoint video conferencing,
and web-based audio/video broadcasts, on emerging topics that
affect State assistive technology programs and individuals
with assistive technology and accessible information
technology and telecommunications needs;
(III) convening experts from State assistive technology
programs to discuss and make recommendations with regard to
national emerging issues of importance to individuals with
assistive technology and accessible information technology
and telecommunications needs;
(IV) sharing best practice and evidence-based practices
among State assistive technology programs;
(V) maintaining an accessible website that includes a link
to State assistive technology programs, Federal departments
and agencies, and associations and developing a national
toll-free number that links callers from a State with the
State assistive technology program in their State;
(VI) developing or utilizing existing (as of the date of
the award involved) model cooperative volume-purchasing
mechanisms designed to reduce the financial costs of
purchasing assistive technology for required and
discretionary activities identified in sections 4 and 6(a),
and reducing duplication of activities among State assistive
technology programs; and
(VII) providing access to experts in the areas of banking,
microlending, and finance, for implementing entities for
State assistive technology programs and other entities funded
under this Act to administer alternative financing loan
programs, through site visits, teleconferences, and other
means, to ensure access to information for entities that are
carrying out new programs or programs that are not making
progress in achieving the objectives of the programs.
(E) Required input and collaboration.--In providing
training and technical assistance under this paragraph, a
recipient of a grant, contract, or cooperative agreement
under this paragraph shall meet the following requirements:
(i) Input.--The recipient shall involve, in the planning
and identification of priority issues and needs, the
directors of State assistive technology programs and other
individuals the Secretary determines to be appropriate,
especially--
(I) individuals with disabilities who use, and understand
the barriers to the acquisition of, assistive technology and
accessible information technology and telecommunications;
(II) family members, guardians, advocates, and authorized
representatives of such individuals;
(III) relevant employees from other Federal departments and
agencies;
(IV) businesses; and
(V) venders and public and private researchers and
developers.
(ii) Collaboration.--The recipient shall collaborate, in
developing and implementing training and technical assistance
activities identified as priorities, with other
organizations, in particular--
(I) national organizations representing State assistive
technology programs;
(II) organizations representing State officials and
agencies engaged in the delivery of assistive technology and
accessible information technology and telecommunications;
(III) the data-collection and reporting providers described
in paragraph (2); and
(IV) other providers of national programs or programs of
national significance funded under this Act.
(2) State projects data-collection and reporting program.--
(A) In general.--The Secretary shall award grants,
contracts, and cooperative agreements to conduct data
collection and reporting concerning State assistive
technology programs.
(B) Eligible entities.--To be eligible to receive a grant,
contract, or cooperative agreement under this paragraph, an
entity shall have personnel with--
(i) documented experience and expertise in administering
State assistive technology programs;
(ii) experience in collecting and analyzing data associated
with implementing required and discretionary activities;
(iii) expertise necessary to identify additional data
elements needed to provide comprehensive reporting of State
activities and outcomes; and
(iv) experience in utilizing data to provide annual reports
to State policymakers.
(C) Application.--To be eligible to receive a grant,
contract, or cooperative agreement under this paragraph, an
eligible applicant shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary may require.
(D) Data-collection and reporting program.--In awarding the
grant, contract, or cooperative agreement, the Secretary
shall ensure that the recipient conducts a data-collection
and reporting program that enhances and improves the
operations and conduct of a State assistive technology
program. The Secretary shall ensure that the recipient
achieves that enhancement and improvement by using
quantitative and qualitative data elements, measuring the
outcomes of the required activities described in section
4(e), and measuring the accrued benefits of the activities to
individuals who need assistive technology and accessible
information technology and telecommunications.
(E) Required data elements.--The core set of the data
elements shall, at a minimum, include data elements for--
(i) the number and dollar amount of financial loans made;
(ii) the number and type of assistive technology device
demonstrations provided;
(iii) the number and type of assistive technology devices
loaned through device loan programs;
(iv) the number and estimated value of assistive technology
devices exchanged, repaired, recycled, or re-utilized
(including redistributed through device sales, loans,
rentals, or donations) through device re-utilization
programs;
(v)(I) the number and general characteristics of
individuals who participated in training (such as individuals
with disabilities, parents, educators, employers, providers
of employment services, health care workers, counselors,
other service providers, or vendors) and the topics of such
training; and
(II) to the extent practicable, the geographic distribution
of individuals who participated in training or technical
assistance activities;
(vi) the amount and nature of technical assistance provided
to State and local agencies and other entities;
(vii) the number of individuals assisted through the
public-awareness activities and statewide information and
reference system;
(viii) the outcomes of any improvement initiatives carried
out by the State as a result of activities funded under
section 4;
(ix) the outcomes of interagency coordination and
collaboration activities carried out by the State that
support access to assistive technology;
(x) measured outcomes of activities undertaken to improve
access to assistive technology devices and assistive
technology services for targeted populations;
(xi) the outcomes of the services provided; and
(xii) the level of customer satisfaction with, or the
outcomes of, the services provided.
(F) Required input and collaboration.--In conducting data-
collection and reporting activities under this paragraph, a
recipient of a grant, contract, or cooperative agreement
under this paragraph shall meet the following requirements:
(i) Input.--The recipient shall actively involve, in the
development of the data-collection and reporting system, the
directors of State assistive technology programs and
[[Page S7471]]
other individuals the Secretary determines to be appropriate,
especially--
(I) individuals with disabilities who use, and understand
the barriers to the acquisition of, assistive technology and
accessible information technology and telecommunications;
(II) family members, guardians, advocates, and authorized
representatives of such individuals;
(III) relevant employees from other Federal departments and
agencies;
(IV) businesses; and
(V) venders and public and private researchers and
developers.
(ii) Collaboration.--The recipient shall actively
collaborate, in developing and implementing the system, with
other organizations, in particular--
(I) national organizations representing State assistive
technology programs;
(II) the training and technical assistance providers
described in paragraph (1); and
(III) entities carrying out projects of national
significance funded under section 6(b), as appropriate.
(3) State protection and advocacy services training and
technical assistance efforts.--
(A) General authority.--The Secretary shall award grants,
contracts, and cooperative agreements to provide training and
technical assistance concerning protection and advocacy
services.
(B) Eligible entities.--To be eligible to receive a grant,
contract, or cooperative agreement under this paragraph to
provide training and technical assistance, an entity shall
have personnel with documented experience related to
protection and advocacy services.
(C) Application.--To be eligible to receive a grant,
contract, or cooperative agreement under this paragraph, an
eligible applicant shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary may require.
(D) Training and technical assistance efforts.--
(i) Technical assistance efforts.--In awarding the grant,
contract, or cooperative agreement, the Secretary shall
ensure that the recipient conducts a technical assistance
program through which the recipient--
(I) provides advocacy-related and management-related
technical assistance;
(II) prepares publications, in numerous formats, on the
funding of assistive technology through a variety of funding
sources;
(III) makes available, through in-house resource libraries,
documents related to the funding of assistive technology;
(IV) maintains a project website containing information
concerning the funding of assistive technology, and
containing publications and links to other web-based
resources to support assistive technology advocacy efforts;
and
(V) maintains a national assistive technology list serve.
(ii) Training efforts.--In awarding the grant, contract, or
cooperative agreement, the Secretary shall ensure that the
recipient conducts a training program through which the
recipient--
(I) provides advocacy-related training through annual
statewide or regional conferences and distance-training
events; and
(II) provides management-related training at annual
training events, assisting protection and advocacy managers
and fiscal officers to meet grant obligations.
(iii) Data collection and reporting.--The recipient shall
prepare and submit to the Secretary a report containing
information on the activities carried out under this
paragraph, including information on the following:
(I) Non-case services.
(II) Case services.
(III) Statistical information for individuals served.
(IV) Systemic activities and litigation.
(V) Priorities and objectives.
(VI) Agency administration.
(c) National Information Internet System.--
(1) In general.--In order to provide information nationally
on the availability of assistive technology, the Secretary
may award 1 grant, contract, or cooperative agreement on a
competitive basis to maintain, renovate, and update the
National Public Internet Site established under section
104(c)(1) of the Assistive Technology Act of 1998 (29 U.S.C.
3014(c)(1)), as in effect on the date of enactment of this
Act.
(2) Eligible entity.--To be eligible to receive a grant,
contract, or cooperative agreement under paragraph (1), an
entity shall be a nonprofit organization, for-profit
organization, or institution of higher education, that--
(A) emphasizes research and engineering;
(B) has a multidisciplinary research center; and
(C) has demonstrated expertise in--
(i) working with assistive technology, accessible
information technology and telecommunications, and
intelligent agent interactive information dissemination
systems;
(ii) managing libraries of assistive technology, accessible
information technology and telecommunications, and
disability-related resources;
(iii) delivering to individuals with disabilities
education, information, and referral services, including
technology-based curriculum-development services for adults
with low-level reading skills;
(iv) developing cooperative partnerships with the private
sector, particularly with private-sector computer software,
hardware, and Internet services entities; and
(v) developing and designing advanced Internet sites.
(3) Application.--To be eligible to receive a grant,
contract, or cooperative agreement under this section, an
eligible applicant shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary may require.
(4) National public internet site.--
(A) Features of internet site.--The National Public
Internet Site shall contain the following features:
(i) Availability of information at any time.--The site
shall be designed so that any member of the public may obtain
information posted on the site at any time.
(ii) Innovative automated intelligent agent.--The site
shall be constructed with an innovative automated intelligent
agent that is a diagnostic tool for assisting users in
problem definition and the selection of appropriate assistive
technology devices and assistive technology services
resources and accessible information technology and
telecommunications.
(iii) Resources.--
(I) Library on assistive technology.--The site shall
include access to a comprehensive working library on
assistive technology and accessible information technology
and telecommunications for all environments, including home,
workplace, transportation, and other environments.
(II) Information on accommodating individuals with
disabilities.--The site shall include access to evidence-
based research and best practices concerning how assistive
technology and accessible information technology and
telecommunications can be used to accommodate individuals
with disabilities in the areas of education, employment,
health care, community living, and telecommunications and
information technology.
(III) Resources for a number of disabilities.--The site
shall include resources relating to the largest possible
number of disabilities, including resources relating to low-
level reading skills and cognitive disabilities.
(iv) Links to private-sector resources and information.--To
the extent feasible, the site shall be linked to relevant
private-sector resources and information, under agreements
developed between the recipient of the grant, contract, or
cooperative agreement and cooperating private-sector
entities.
(v) Links to public-sector resources and information.--To
the extent feasible, the site shall be linked to relevant
public-sector resources and information, such as the Internet
sites of the Office of Special Education and Rehabilitation
Services of the Department of Education, the Office of
Disability Employment Policy of the Department of Labor, the
Small Business Administration, the Architectural and
Transportation Barriers Compliance Board, and the Technology
Administration of the Department of Commerce, the accessible
website described in subsection (b)(1)(D)(ii)(V), the Jobs
Accommodation Network funded by the Office of Disability
Employment Policy of the Department of Labor, and other
relevant sites.
(B) Minimum library components.--At a minimum, the National
Public Internet Site shall maintain updated information on--
(i) State assistive technology program demonstration sites
where individuals may try out assistive technology devices;
(ii) State assistive technology program device loan program
sites where individuals may borrow assistive technology
devices;
(iii) State assistive technology program device re-
utilization program sites;
(iv) alternative financing programs or systems operated
through, or independently of, State assistive technology
programs, and other sources of funding for assistive
technology devices; and
(v) various tax credits available to employers for hiring
or accommodating employees who are individuals with
disabilities.
(5) Input.--While providing information (including
technical assistance) under this subsection, the Secretary
and recipient of the grant, contract, or cooperative
agreement under this subsection shall consider the input of
the directors of State assistive technology programs and
other individuals the Secretary determines to be appropriate,
especially--
(A) individuals with disabilities who use, and understand
the barriers to the acquisition of, assistive technology and
accessible information technology and telecommunications;
(B) family members, guardians, advocates, and authorized
representatives of such individuals;
(C) relevant employees from other Federal departments and
agencies involved in the procurement or development of
assistive technology devices, or the provision of assistive
technology services;
(D) employers of people with disabilities, especially small
business employers; and
(E) venders and public and private researchers and
developers.
SEC. 8. TECHNOLOGY INDUSTRY ASSESSMENT.
(a) In General.--To better promote and serve the United
States assistive technology industry, the Secretary may
conduct a detailed assessment of the industry. Such
assessment shall provide data and analysis
[[Page S7472]]
concerning the industry's market, products, and services, for
better strategic and business modeling.
(b) Contents.--The Secretary shall ensure that the
assessment provides data and analysis including--
(1) data to better assess the industry's potential and
provide metrics for future growth;
(2) information addressing strategies and certification
practices of international trading partners; and
(3) details about programs within the Department of
Commerce that facilitate assistive technology industry export
efforts.
(c) Consultation.--The Secretary shall conduct the
assessment after consultation with the Under Secretary for
Technology of the Department of Commerce members of the
assistive technology industry, the Interagency Committee on
Disability Research established under section 203 of the
Rehabilitation Act of 1973 (29 U.S.C. 763), and other
appropriate agencies.
SEC. 9. ADMINISTRATIVE PROVISIONS.
(a) General Administration.--
(1) In general.--Notwithstanding any other provision of
law, the Commissioner of the Rehabilitation Services
Administration in the Office of Special Education and
Rehabilitative Services of the Department of Education shall
be responsible for the administration of this Act.
(2) Collaboration.--The Commissioner of the Rehabilitation
Services Administration may make 1 or more grants to, or
enter into 1 or more contracts, interagency agreements, or
cooperative agreements with, the Director of the Office of
Special Education Programs or the National Institute on
Disability and Rehabilitation Research in the Office of
Special Education and Rehabilitative Services of the
Department of Education, the Assistant Secretary for
Disability Employment Policy in the Department of Labor, the
Under Secretary for Technology in the Department of Commerce,
the Administrator of the Small Business Administration, or
the head of any other entity approved by the Secretary to
assist in the administration of this Act.
(3) Administration.--In administering this Act, the
Commissioner of the Rehabilitation Services Administration
shall ensure the provision of assistive technology, through
comprehensive statewide programs of technology-related
assistance, to individuals of all ages, whether the
individuals will use the assistive technology to obtain or
maintain employment or for other reasons.
(b) Review of Participating Entities.--The Secretary shall
assess the extent to which entities that receive grants under
this Act are complying with the applicable requirements of
this Act and achieving goals that are consistent with the
requirements of the grant programs under which the entities
received the grants.
(c) Corrective Action and Sanctions.--
(1) Corrective action.--If the Secretary determines that an
entity that receives a grant under this Act fails to
substantially comply with the applicable requirements of this
Act, the Secretary shall assist the entity, through technical
assistance funded under section 7 or other means, within 90
days after such determination, to develop a corrective action
plan.
(2) Sanctions.--If the entity fails to develop and comply
with a corrective action plan described in paragraph (1)
during a fiscal year, the entity shall be subject to 1 of the
following corrective actions selected by the Secretary:
(A) Partial or complete termination of funding under the
grant program.
(B) Ineligibility to participate in the grant program in
the following year.
(C) Reduction in funding for the following year under the
grant program.
(D) Required redesignation of the lead agency designated
under section 4(c)(1).
(3) Appeals procedures.--The Secretary shall establish
appeals procedures for entities that are determined to be in
noncompliance with the applicable requirements of this Act.
(d) Construction.--Nothing in this section shall be
construed to affect the enforcement authority of the
Secretary, another Federal officer, or a court under part E
of the General Education Provisions Act (20 U.S.C. 1234 et
seq.) or other applicable law.
(e) Effect on Other Assistance.--This Act may not be
construed as authorizing a Federal or State agency to reduce
medical or other assistance available, or to alter
eligibility for a benefit or service, under any other Federal
law.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
(a) State Grants for Assistive Technology; Training,
Technical Assistance, Data-Collection, Reporting, and
Internet Programs.--
(1) In general.--There are authorized to be appropriated to
carry out sections 4 and 7 $36,000,000 for fiscal year 2005,
and such sums as may be necessary for each of fiscal years
2006 through 2010.
(2) Training, technical assistance, data-collection,
reporting, and internet programs.--
(A) In general.--Of the amount appropriated under this
subsection for a fiscal year, not more than $1,235,000 may be
made available to carry out section 7.
(B) Reservations.--Of the amount made available to carry
out section 7 for a fiscal year--
(i) not less than 45 percent shall be made available to
carry out section 7(b)(1);
(ii) not less than 20 percent shall be made available to
carry out section 7(b)(2);
(iii) not less than 15 percent shall be made available to
carry out section 7(b)(3); and
(iv) not more than 20 percent shall be made available to
carry out section 7(c).
(b) State Grants for Protection and Advocacy Services
Related to Assistive Technology.--There are authorized to be
appropriated to carry out section 5 $4,419,000 for fiscal
year 2005 and such sums as may be necessary for each of
fiscal years 2006 through 2010.
(c) Supplementary Grants and Projects of National
Significance.--There are authorized to be appropriated to
carry out section 6 such sums as may be necessary for each of
fiscal years 2005 through 2010.
SEC. 11. REPEAL.
The Assistive Technology Act of 1998 (29 U.S.C. 3001 et
seq.) is repealed.
Mr. HARKIN. Mr. President, today I join with my colleague from New
Hampshire, Senator Gregg, and others to introduce the Assistive
Technology Act of 2004.
Assistive technology and accessible information technology and
telecommunication are so critical to the lives of people with
disabilities. An NOD/Harris poll released today shows that 35 percent
of individuals with disabilities surveyed indicated that they would not
be able to take care of themselves at home without assistive
technology. Over a quarter of individuals with disabilities reported
that they would not be able to get around outside of their homes.
Assistive technology and accessible information technology and
telecommunication also provide opportunities in education, employment
and civic and social participation that would not otherwise be
available to some individuals with disabilities.
To quote the National Council on Disability--``For Americans without
disabilities, technology makes things easier. For Americans with
disabilities, technology makes things possible.''
The Assistive Technology Act that we introduce today builds upon the
successes of this law, dating back to 1988. The state Assistive
Technology programs have been very effective in providing information,
training, and technical assistance to a wide array of individuals in
their states, including people with disabilities, their families,
educators, health care professionals and others. The Assistive
Technology Act has also authorized alternate finance programs that have
offered low interest loans and other financing to people with
disabilities who otherwise could not access the funds needed to buy
their assistive technology.
The most recent data available, FY 02, indicates that the programs
are making a substantial difference in their states. In that year,
there were 92,000 equipment demonstrations provided, 38,000 devices
loaned to individuals with disabilities and over 6,000 devices
exchanged or recycled. Also over 6 million dollars was loaned to
individuals with disabilities so they could purchase assistive
technology, ranging from a hearing device to an accessible van. The AT
programs also provided needed information to a wide array of
individuals, answering 151,000 requests for assistance and training
over 172,000 people.
In this reauthorization, we strengthen this successful program and
provide authorization for increased appropriations to carry out the
many activities that are needed in the states. We emphasize programs
that will improve access to assistive technology devices and also
increase attention to some federal priorities, including
improving education, promoting community integration, and increasing
employment opportunities for individuals with disabilities.
While there are many important initiatives in this bill, I will
highlight a few of the most significant.
First, the bill authorizes a minimum of $500,000 for each state
program and includes an authorization of 36 million dollars in 2005
which would allow each state to receive that minimum. These funds will
be used to support all of the activities specified in the law.
The bill also strengthens some of the core functions of the state
assistive technology programs, focusing training and technical
assistance to ensure statewide access to information and an emphasis on
skills development and technical training to improve service planning
for individuals with disabilities.
[[Page S7473]]
It further requires States focus their efforts on one of three target
populations. These populations include 1. elementary and secondary
school students, providers and related personnel; 2. adult service
provider clients, providers and related personnel; and 3. employees,
employment providers, and related personnel.
States will be required to focus their energies on service planning
for one of these populations so we can ensure that assistive technology
is getting out to where it is needed most--in the schools, on the job
and in the community. The Senate has recently passed the Individuals
with Disabilities Act and the Workforce Investment Act and we continue
to be concerned about implementation of the ADA and the Olmstead
decision. This targeted effort aligns the Assistive Technology Act with
these other initiatives.
The bill includes provisions designed to increase access to assistive
technology and accessible information technology and telecommunications
by requiring that assistive technology programs operate equipment loan,
device reutilization, device demonstration, and financing systems. The
bill also seeks to improve information about service providers and
vendors of assistive technology and accessible information technology.
Because individuals with disabilities still experience significantly
fewer employment opportunities than individuals without disabilities,
the bill places an emphasis on educating and targeting employers and
employees. One of the projects of national significance authorized in
the bill includes development of public service announcements and other
means of reaching employers and others with information regarding
assistive technology.
For the first time, the bill addresses the need to coordinate state
program activities with the businesses that develop and produce much of
the assistive technology and accessible information technology. The
bill authorizes a project of national significance in research and
development and authorizes the Secretary to conduct a detailed
assessment of the assistive technology industry.
The bill also recognizes the ongoing contribution of protection and
advocacy services in making assistive technology available to
individuals with disabilities and increases minimum authorization
levels for this important function. Iowa has had a very successful
advocacy program, which will be continued under this bill.
These are just a few of the many significant issues addressed in this
bill. It is a very comprehensive effort due to the hard work of the
many stakeholders that participated.
I want to thank my colleague, Senator Gregg, and his staff,
particularly Aaron Bishop and Annie White, for their work on this
bipartisan initiative. I also want to recognize the work of Senators
Kennedy, Roberts, Reed and Warner and their staff members, Kent
Mitchell, Connie Garner, Jennifer Swenson, Elyse Wasch, Erica Swanson,
and John Robinson because this has truly been a collaborative and
bipartisan effort to reauthorize this important legislation.
As part of this reauthorization process, committee staff have had
extensive bipartisan briefings and met with a very wide array of
stakeholders. Stakeholders also participated in work groups designed to
forge consensus on many of the issues addressed in this bill. As a
result, I believe we have a very strong bill. I want to thank the many
individuals with disabilities, family members, assistive technology
programs, vendors, members of the information technology industry, the
financial and business community, service providers, advocates,
educators and others who gave generously of their time and worked so
hard on this bill.
This bill continues the tradition of bipartisan cooperation that has
marked significant disability legislation. Just as the ADA, IDEA and
other bills have been bipartisan, so is this Assistive Technology Act
of 2004. I look forward to moving ahead and getting it enacted into
law.
Mr. KENNEDY. Mr. President, I am proud to join Senators Gregg and
Harkin in the introduction of the Assistive Technology Act of 2004,
which will continue and expand our Nation's promise to improve access
to assistive technology for individuals in every State and territory.
In the Senate we are dedicated to breaking down barriers to equal
education, to employment opportunities and to quality and affordable
health care. Assistive technology enables people with disabilities to
break down the physical and other barriers which prevent them from
reaching their full potential.
For an individual with difficulty communicating, a hand-writing aid
or a communication board can open up a whole new world of
relationships. A wheelchair or scooter can give them the freedom to
engage in activities otherwise impossible. And switches and other
devices can transform their home into an accessible environment and
allow them to perform daily household tasks essential to independent
living.
Since 1988, the Assistive Technology Act has funded projects in every
State and territory to raise awareness about the enormous potential of
assistive technology, give individuals an opportunity to test products,
and connect them with low-cost options for purchasing technology. Each
project has a different focus, but all are providing these core
services, and providing them well.
In Massachusetts, the Massachusetts Assistive Technology Project
trains individuals with disabilities to be self-advocates. They monitor
implementation of State and Federal laws. And they operate an Equipment
Exchange Trading Post for individuals to exchange or sell assistive
technology products. This is just a small sample of what they are
doing. They deserve great credit, and so do the other projects across
the nation.
The Assistive Technology Act of 2004 makes a commitment to continue
these projects. It asks them to perform device demonstrations,
equipment loans, device refurbishment, and provide financing systems
such as low-cost loan programs. It mandates a new focus on training
local personnel who work every day with people with disabilities in
adult service provider settings, in schools, and in employment
settings. It gives States the flexibility to which populations to focus
on, but asks that they work to make the promise of the Individuals with
Disabilities Education Act, the Workforce Investment Act, and the
Olmstead decision a reality.
I know they are up to the challenge, and I will work to ensure they
have the resources to make it happen. To that end, the act authorizes
additional resources and sets a higher minimum appropriation of
$500,000 for each State project. It is vital that any final legislation
include this recognition that these life-changing services need real
resources.
I commend Senators Gregg, Harkin, and Reed for their hard work on
this legislation. I also commend all of the disability advocates,
organizations and project directors who informed this legislation. I
look forward to working with them and my colleagues in the House of
Representatives to get a bill signed into law this year.
Mr. REED. Mr. President, I rise as an original cosponsor of the
Improving Access to Assistive Technology for Individuals with
Disabilities Act of 2004. This important legislation reauthorizes the
Assistive Technology, AT, Act, which helps States strengthen their
capacity to address the assistive technology needs of individuals with
disabilities and supports loan and device demonstration programs, for
six years.
This legislation improves current law in several ways which will help
individuals with disabilities gain access to the assistive technology
devices and services that will help them lead full and productive
lives. Importantly, the legislation removes the sunset provision
included in the last reauthorization and increases the minimum State
allotment to $500,000, ensuring that all States can continue this vital
work. Assistive technology devices and services are increasingly
necessary, particularly as our population ages and for soldiers
returning from battle with injuries that used to be life ending.
I am particularly pleased that this legislation contains language I
sought to address areas of need that I heard from assistive technology
users, providers, advocates, and administrators in my State of Rhode
Island. First, the bill enhances training activities to improve the
capacity of local education,
[[Page S7474]]
early intervention, adult providers, and employers to assess,
implement, and integrate AT devices. Secondly, funding is authorized
for inventing and developing new AT devices and adapting, maintaining,
servicing, and improving existing AT devices. Finally, the bill makes
great strides to promote interagency coordination and collaboration to
effectively deliver assistive technology devices and services.
I want to thank Senators Gregg, Kennedy, and Harkin for working so
closely with me and my staff on this bill. It is my hope that we will
be able to maintain this same cooperative, bipartisan spirit in which
this bill was crafted as the reauthorization process moves forward.
______
By Mr. SCHUMER (for himself, Ms. Mikulski, Mr. Corzine, Mrs.
Clinton, Mr. Leahy, Ms. Stabenow, Mr. Sarbanes, and Mr. Nelson
of Florida)
S. 2597. A bill to require the Secretary of Health and Human Services
to establish and maintain an Internet website that is designed to allow
consumers to compare the usual and customary prices for covered
outpatient drugs sold by retail pharmacies that participate in the
medicaid program for each postal Zip Code, and for other purposes; to
the Committee on Finance.
Mr. SCHUMER. 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. 2597
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 ``Prescription Drug Price
Comparison for Savings Act of 2004''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Access to prescription drugs is important to all
Americans.
(2) Many individuals cannot afford to purchase the drugs
prescribed by their doctors. Others skip doses or split pills
contrary to their doctor's orders because they cannot afford
to refill their prescriptions.
(3) Individuals who use their limited financial resources
to obtain needed drugs may do so by foregoing other
expenditures important to their health and well-being.
(4) Among the objectives of the medicaid program set forth
in section 1901 of the Social Security Act (42 U.S.C. 1396)
is the objective to enable each State to furnish services to
help low-income families and aged, blind, or disabled
individuals ``attain or retain capability for independence or
self-care''.
(5) Some States, such as Maryland, have established
interactive Internet websites that use the usual and
customary price information reported by pharmacies
participating in the State's medicaid program to allow all
residents of the State to comparison shop for prescription
drugs.
(6) Requiring all States to collect from pharmacies that
participate in the medicaid program the usual and customary
price for prescription drugs sold by the pharmacies and to
report that information to the Secretary of Health and Human
Services in order that a national, interactive Internet
website may be established and maintained for individuals to
use to comparison shop for prescription drugs is consistent
with the objectives of the medicaid program.
SEC. 3. STATE PLAN REQUIREMENT TO COLLECT AND REPORT USUAL
AND CUSTOMARY PRICES FOR COVERED OUTPATIENT
DRUGS SOLD UNDER THE MEDICAID PROGRAM.
Section 1902(a) of the Social Security Act (42 U.S.C.
1396a(a)) 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 shall--
``(A) require each retail pharmacy which receives payments
under the plan to report to the State concurrent with the
filling of a prescription for a covered outpatient drug (as
defined in section 1927(k)(2)) for an individual receiving
medical assistance under this title--
``(i) the usual and customary price (as defined in section
1927(k)(10)) for the strength, quantity, and dosage form of
the covered outpatient drug, as of the date the prescription
is filled; and
``(ii) the postal Zip Code in which the retail pharmacy is
located; and
``(B) submit the information reported under subparagraph
(A) to the Secretary on such frequent basis as the Secretary
shall require so as to allow for monthly updates of the
information posted on the Internet website required to be
established under section 5 of the Prescription Drug Price
Comparison for Savings Act of 2004.''.
SEC. 4. USUAL AND CUSTOMARY PRICES FOR COVERED OUTPATIENT
DRUGS.
(a) Definition.--Section 1927(k) of the Social Security Act
(42 U.S.C. 1396r-8(k)) is amended by adding at the end the
following:
``(10) Usual and customary price.--The term `usual and
customary price' means the price a retail pharmacy would
charge an individual who does not have health insurance
coverage for purchasing a specific strength, quantity, and
dosage form of a covered outpatient drug.''.
(b) Inclusion of Information in Annual Report to
Congress.--Section 1927(i)(2)(E) of the Social Security Act
(42 U.S.C. 1396r-8(i)(2)(E)) is amended--
(1) by redesignating subparagraphs (E) and (F) as
subparagraphs (F) and (G), respectively; and
(2) by inserting after subparagraph (D), the following:
``(E) the range of usual and customary prices for specific
strengths, quantities, and dosage forms of covered outpatient
drugs, disaggregated by postal Zip Code;''.
SEC. 5. REQUIREMENT TO ESTABLISH AND MAINTAIN PRESCRIPTION
DRUG PRICE COMPARISON WEBSITE.
(a) Authority.--Not later than 6 months after the date of
enactment of this Act, the Secretary shall establish and
arrange for the maintenance of an Internet website that is
designed to allow an individual to compare the usual and
customary prices for a range of strengths and quantities of
covered outpatient drugs sold by retail pharmacies that
receive payments under the medicaid program for each postal
Zip Code that corresponds to an area of a State.
(b) Requirements.--The Internet website required to be
established and maintained under this section shall consist
of--
(1) the information submitted to the Secretary in
accordance with section 1902(a)(68)(B) of the Social Security
Act (42 U.S.C. 1396a(a)(68)(B)) (as added by section
3(a)(3)); and
(2) such other information as the Secretary determines is
appropriate.
(c) Definitions.--In this section:
(1) Covered outpatient drug.--The term ``covered outpatient
drug'' has the meaning given that term in section 1927(k)(2)
of the Social Security Act (42 U.S.C. 1396r-8(k)(2)).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(3) State.--The term ``State'' has the meaning given that
term for purposes of title XIX of the Social Security Act (42
U.S.C. 1396 et seq.).
______
By Mr. Akaka (for himself, Mr. Lautenberg, Mr. Levin, Mrs.
Feinstein, Mr. Wyden, and Mr. Inouye):
S.2598. A bill to protect, conserve, and restore public land
administered by the Department of the Interior or the Forest Service
and adjacent land through cooperative cost-shared grants to control and
mitigate the spread of invasive species, and for other purposes; to the
Committee on Energy and Natural Resources.
Mr. AKAKA. Mr. President, I rise today to introduce the Public Land
Protection and Conservation Act of 2004. I am pleased to have my
esteemed colleagues Senator Frank Lautenberg, Senator Carl Levin,
Senator Dianne Feinstein, Senator Daniel Inouye, and Senator Ron Wyden
cosponsoring the bill with me. This legislation encourages Federal,
State, and local agencies, non-governmental entities, and Indian tribes
to work together through a cost-shared, cooperative grant program to
control the spread of terrestrial invasive species. The bill authorizes
the Secretary of the Interior to provide state assessment grants to
inventory and prioritize invasive species problems. It provides
additional grants to control invasive species on Federal land or
adjacent areas. And most importantly, it provides rapid response funds
for states to eradicate serious new outbreaks.
Invasive species cause devastating environmental, human health, and
economic consequences throughout the Nation and world. They are
responsible for damage to native ecosystems and vital industries, such
as agriculture, fisheries, and ranching. The impacts of invasive
species are estimated to cost the United States at least $100 billion
each year. Invasive species threaten the existence of 42 percent of
threatened and endangered species in the United States, and this is an
issue that must be confronted.
The implications of the nationwide invasive species problem are
enormous. Nowhere, however, are the impacts greater than in my home
State of Hawaii, which has always been known for its biodiversity.
Approximately 11,000 species are believed to have evolved from roughly
20,000 ancestors that successfully colonized at a rate of one every
35,000 years. Today, 20 to 50 new nonnative species arrive in Hawaii
every year.
In total, unwanted alien pests are entering Hawaii at a rate that is
about
[[Page S7475]]
two million times more rapid than the natural rate. Nonnative, invasive
species comprise roughly 20 percent of the plants and animals in
Hawaii. Invasive species are the number one cause of the decline of
Hawaii's threatened and endangered species. This is a serious concern
because Hawaii has more than 10,000 species found nowhere else on
Earth. Of the 114 endangered species that have become extinct in the
first 20 years of the Endangered Species Act, almost one-half were in
Hawaii. The fragility of our native species is compounded by the fact
that most introduced species have no natural predators in the state.
Let me give you just a few examples of invasive species problems in
Hawaii. Control efforts for the Formosan ground termite are estimated
to cost residents in Hawaii more than $150 million per year. Damage to
our agricultural industry and the related control costs of the
Mediterranean fruit fly are more than $450 million annually. Native
birds in our rainforests are succumbing to malaria spread through
introduced mosquitos.
Coqui frogs, accidentally imported on plants to Hawaii, can reach
densities of 8,000 frogs per acre. Each one can produce a call at 90
decibels. The noise from 8,000 frogs at 90 decibels is equivalent to
listening to a high-pitched jackhammer all night! Infestations of frogs
are lowering property values and threatening Hawaii's export
floriculture and nursery industries. Coqui frogs also consume more than
48,000 prey items per acre per night, depleting the food supply for
threatened and endangered birds and spiders. Miconia, an invasive tree
infesting over 15,000 acres of rainforest in Hawaii, eliminates the
habitat of endangered plants and animals and causes serious erosion
problems that threaten the water supply.
Miconia has overwhelmed all other species on these mountainsides.
Miconia, like many invasives, is a major threat to native biodiversity.
The brown tree snake has invaded Guam and devastated native bird
populations there. If it were to become established in Hawaii, economic
costs have been estimated to exceed hundreds of millions of dollars.
Agriculture in Hawaii is threatened by the spread of the red imported
fire ant, a serious problem in 14 southern states causing over $2
billion in annual damage. As you can see, the time to address the issue
of invasive species is now, before there are even more serious
problems.
My bill, the Public Land Protection and Conservation Act, authorizes
the Secretary of the Interior to provide grants to states, nonprofit,
and tribal entities to assess, control, and eradicate invasive species.
There are three types of grants in this bill, one of which requires
matching funds.
First, this legislation provides grants to states for assessment
projects to identify, quantify, and prioritize invasive species
threats. This step is a critical underpinning for invasives programs,
but many states do not have the resources to carry out this assessment.
Second, the control grants supply appropriate public or private
entities or Indian tribes with funding to carry out, in partnership
with a Federal agency, an eradication, containment, or management
project on Federal land or adjacent land. Control projects would
receive a higher ranking for funding based on shared priorities in
state and Federal plans, the extensiveness or severity of the invasive
species impacts in a state, and whether the project fosters results
through public-private partnerships, among other criteria.
Control grants are cost-shared with states. A maximum of 75 percent
of funding shall be federally provided for control projects on adjacent
land, with the exception of pilot or demonstration projects, or
projects that conserve threatened or endangered species, which shall
receive 85 percent federal funding. The Federal share of control
projects carried out on Federal land shall be 100 percent.
Finally, rapid response funds, designated for States facing new
outbreaks of invasive species, will provide timely resources to
eradicate these organisms before they gain a foothold. Rapid response
funds are critical to States in order to combat newly identified
invasives.
The impacts of invasive species are already costing the United States
an estimated $100 billion each year. The Department of the Interior, in
its FY 2005 budget request acknowledges that invasive species pose an
enormous threat to the ecological and economic health of the Nation.
The Department states that the economic costs associated with invasive
species are enormous already, and increasing. The Department of the
Interior and U.S. Forest Service together received approximately $126
million in FY 2004, and the combined FY 2005 request is identical.
Although I applaud the current efforts of the Department of the
Interior and the U.S. Forest Service, we need a more coordinated attack
on invasive species. The attack must have robust funding if we are to
work in partnership with the states.
An estimated 5,000 to 6,000 invasive species are established in the
United States. With 73 percent of the continental United States held in
private lands, our Federal lands will not be adequately protected
without public-private partnerships because invasive species know no
boundaries.
My bill requires coordination between the National Invasive Species
Council, the Department of the Interior, the U.S. Department of
Agriculture, and state invasive species councils and plans. It provides
the support necessary for agencies, organizations, and individuals to
implement cooperative projects to address new threats and long-standing
invasive species problems.
I am particularly pleased that the State of Hawaii is taking a
leadership role in addressing invasive species problems as our State is
intimately familiar with the serious impacts. Hawaii's Department of
Land and Natural Resources, the State government, and each county's
Invasive Species Councils are committed to a proactive approach to
preserve the environmental heritage and economic security of our
communities for generations to come. Each of these Councils now
coordinates their activities on the State level through the formation
of the Hawaii Invasive Species Council in 2003.
In addition to the Council, many public and private partnerships have
been formed to protect our common natural resources. The East Maui
Watershed Partnership brings together multiple public and private
landowners and the County of Maui to control invasive species and
protect 100,000 acres of our prime watershed areas. This is just one
example of many highly successful and dedicated partnerships in Hawaii
working to preserve our invaluable resources.
This legislation is supported by the State of Hawaii's Department of
Land and Natural Resources, which has primary responsibility for land
use, forests, wildlife and oceans. In his letter of support, the
Chairperson of the DLNR, Mr. Peter Young, states that ``Increasing
success in invasive species projects in Hawaii has come largely from
the formation of strong partnerships between State, County and Federal
agencies and private groups.'' The intent of this bill is to encourage
partnerships like the East Maui Watershed Partnership and the Hawaii
Invasives Species Council in their fight against invasives.
Most recently, the Hawaii State Legislature allocated $4 million of
the $5 million requested by Governor Linda Lingle to support the
Invasive Species Prevention and Control program. This request is part
of the overall state proposal to earmark $20 million over the next four
years. These actions demonstrate Hawaii's commitment to the problem.
This money, however, is clearly not sufficient to control the nonnative
species in Hawaii.
Despite their best efforts to reduce the devastation caused by
invasive species, states lack the needed funds to adequately address
this issue. The General Accounting Office (GAO) issued a report on
September 5, 2003, documenting gaps and barriers in Federal invasive
species legislation. The number one barrier identified in the report
was insufficient Federal funding for state efforts to control invasive
species. Another barrier identified was the inadequate amount of
general information and research on invasive species. My legislation
will provide States the desperately needed funding to start a serious
battle against invasive species.
The GAO report also recommended authorizing the National Invasive
Species Council as the most effective leadership structure for managing
invasive species. I applaud Senators Levin and
[[Page S7476]]
DeWine for addressing this issue in legislation they have introduced
during the 108th Congress, the National Aquatic Invasive Species Act of
2003. I am a cosponsor of their bill, S. 525, because aquatic invasives
are important in Hawaii. I am also a cosponsor of Senator Larry Craig's
Noxious Weed Control Act of 2003, S. 144, that focuses on terrestrial
weeds. My bill, the Public Land Protection and Conservation Act of
2004, will fill a needed gap by addressing all invasive organisms,
flora and fauna, in and around federal lands through public-private
partnerships.
The National Environmental Coalition on Invasive Species, a coalition
of representatives from major environmental organizations, has extended
its full support for this legislation. Its letter of support calls this
bill ``one of the best legislative proposals to date to deal with the
growing threat that invasive species pose to our nation's ecological
and economic health.'' The bill is also supported by The Conservation
Council of Hawaii, the National Wildlife Federation affiliate in
Hawaii. I greatly appreciate their endorsements.
Lastly, I want to acknowledge my colleague in the House,
Representative Nick Rahall, for recognizing the gaps in national
legislation for controlling and eradicating invasive species on Federal
and adjacent lands through cooperative grants. He introduced H.R. 2310,
the Species Protection and Conservation of the Environment Act, on June
3, 2003. His legislation provided a solid blueprint that inspired my
bill, and I am eager to join him in the eradication of invasive species
on Federal and adjacent lands.
There are increasingly severe problems and economic burdens
associated with invasive species in our nation. Federal support to
states to combat this problem at the ground level is crucial. If ever
there was a time to commit to defending the security of our domestic
resources for the future, it is now.
I ask unanimous consent that 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. 2598
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 ``Public Land Protection and
Conservation Act of 2004''.
SEC. 2. PURPOSE.
The purpose of this Act is to encourage partnerships among
Federal, State, and local agencies, nongovernmental entities,
and Indian tribes to protect, enhance, restore, and manage
public land and adjacent land through the control of invasive
species by--
(1) promoting the development of voluntary State
assessments to establish priorities for controlling invasive
species;
(2) promoting greater cooperation among Federal, State, and
local land and water managers and owners of private land or
other interests to implement strategies to control and
mitigate the spread of invasive species through a voluntary
and incentive-based financial assistance grant program;
(3) establishing a rapid response capability to combat
incipient invasive species invasions; and
(4) modifying the requirements applicable to the National
Invasive Species Council.
SEC. 3. DEFINITIONS.
In this Act:
(1) Control.--The term ``control'' means--
(A) eradicating, suppressing, reducing, or managing
invasive species in areas in which the species are present;
(B) taking steps to detect early infestations of invasive
species on Public land and adjacent land that is at risk of
being infested; and
(C) restoring native ecosystems to reverse or reduce the
impacts of invasive species.
(2) Council.--The term ``Council'' means the National
Invasive Species Council established by section 3 of
Executive Order No. 13112 (64 Fed. Reg. 6184).
(3) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(4) Invasive species.--The term ``invasive species'' means,
with respect to a particular ecosystem, any animal, plant, or
other organism (including biological material of the animal,
plant, or other organism that is capable of propagating the
species)--
(A) that is not native to the ecosystem; and
(B) the introduction of which causes or is likely to cause
economic harm, environmental harm, or harm to human health.
(5) National management plan.--The term ``National
Management Plan'' means the management plan referred to in
section 5 of Executive Order No. 13112 (64 Fed. Reg. 6185)
and entitled ``Meeting the Invasive Species Challenge''.
(6) Public land.--The term ``Public land'' means all land
and water that is--
(A) owned by, or under the jurisdiction of, the United
States; and
(B) administered by the Department of the Interior or the
Forest Service.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(8) State.--The term ``State'' means--
(A) a State of the United States;
(B) the District of Columbia;
(C) the Commonwealths of Puerto Rico and the Northern
Mariana Islands;
(D) the Territories of American Samoa, Guam, and the Virgin
Islands;
(E) the Federated States of Micronesia;
(F) the Republic of the Marshall Islands; and
(G) the Republic of Palau.
SEC. 4. NATIVE HERITAGE ASSESSMENT AND CONTROL GRANT PROGRAM.
(a) Assessment Grants.--The Secretary may provide to a
State a grant to carry out an assessment project consistent
with relevant invasive species management plans of the State
to--
(1) identify invasive species that occur in the State;
(2) survey the extent of invasive species in the State;
(3) assess the needs to restore, manage, or enhance native
ecosystems in the State;
(4) identify priorities for actions to address those needs;
(5) incorporate, as applicable, the guidelines of the
National Management Plan; and
(6) identify methods to--
(A) control or detect incipient infestations of invasive
species in the State; or
(B) control or assess established populations of invasive
species in the State.
(b) Control Grants.--
(1) In general.--The Secretary may provide grants to
appropriate public or private entities and Indian tribes to
carry out, in partnership with a Federal agency, control
projects for the management or eradication of invasive
species on Public land or adjacent land that--
(A) include plans for--
(i) monitoring the project areas; and
(ii) maintaining effective control of invasive species
after the completion of the projects, including through the
conduct of restoration activities;
(B) in the case of a project on adjacent land, are carried
out with the consent of the owner of the adjacent land; and
(C) provide public notice to, and conduct outreach
activities relating to the control projects in, communities
in which control projects are carried out.
(2) Priority.--In prioritizing grants for control projects,
the Secretary shall consider--
(A) the extent to which a project would address--
(i) the priorities of a State for invasive species control;
and
(ii) the priorities for invasive species management on
Public land, such as the priorities for management on
National Park System and National Forest System land;
(B) the estimated number of, or extent of infestation by,
invasive species in the State;
(C) whether a project would encourage increased
coordination and cooperation among 1 or more Federal agencies
and State or local government agencies to control invasive
species;
(D) whether a project--
(i) fosters public-private partnerships; and
(ii) uses Federal resources to encourage increased private
sector involvement, including the provision of private funds
or in-kind contributions;
(E) the extent to which a project would aid the
conservation of species included on Federal or State lists of
threatened or endangered species;
(F) whether a project includes pilot testing or a
demonstration of an innovative technology that has the
potential to improve the cost-effectiveness of controlling
invasive species; and
(G) the extent to which a project--
(i) considers the potential for unintended consequences of
control methods on native species; and
(ii) includes contingency measures to address the
unintended consequences.
(c) Duties of the Secretary.--The Secretary shall--
(1) not later than 180 days after the date on which funds
are made available to carry out this Act, publish guidelines
and solicit applications for grants under this section;
(2) not later than 1 year after the date on which funds are
made available to carry out this Act, evaluate and approve or
disapprove applications for grants submitted under this
section;
(3) consult with the Council on--
(A) any projects proposed for grants under this section,
including the priority of proposed projects for the grants;
and
(B) providing a definition of the term ``adjacent land''
for purposes of the control grant program under subsection
(b);
(4) consult with the advisory committee established under
section 3(b) of Executive Order No. 13112 (64 Fed. Reg. 6184)
on projects proposed for a grant under this section,
including the scientific merit, technical merit, and
feasibility of a proposed project; and
(5) if a project is conducted on National Forest System
land, consult with the Secretary of Agriculture.
(d) Grant Duration.--
[[Page S7477]]
(1) In general.--Except as provided in paragraph (2), a
grant under this section shall provide funding for the
Federal share of the cost of a project for not more than 2
fiscal years.
(2) Renewal of control projects.--
(A) In general.--If the Secretary, after reviewing the
reports submitted under subsection (f) with respect to a
control project, finds that the project is making
satisfactory progress, the Secretary may renew a grant under
this section for an additional 3 fiscal years.
(B) Implementation of monitoring and maintenance plan.--The
Secretary may renew a grant under this section to implement
the monitoring and maintenance plan required for a control
project under subsection (b) for not more than 10 years after
the project is otherwise complete.
(e) Distribution of Control Grant Awards.--In making grants
for control projects under subsection (b), the Secretary
shall, to the maximum extent practicable, ensure that--
(1) at least 50 percent of control project funds are spent
on land adjacent to Public land; and
(2) there is a balance of smaller and larger control
projects conducted with grants under that subsection.
(f) Reporting by Grant Recipient.--
(1) Assessment projects.--Not later than 2 years after the
date on which a grant is provided under subsection (a), a
grant recipient carrying out an assessment project shall
submit to the Secretary and the Governor of the State in
which the assessment project is carried out a report on the
assessment project.
(2) Control projects.--A grant recipient carrying out a
control project under subsection (b) shall submit to the
Secretary--
(A) an annual synopsis of the control project; and
(B) a report on the control project not later than the
earlier of--
(i) at least once every 2 years; or
(ii) the date on which the grant expires.
(3) Contents.--A report submitted under this subsection
shall include--
(A) a detailed accounting of--
(i) the funding made available for the project; and
(ii) any expenditures made for the project; and
(B) with respect to a control project--
(i) a chronological list of any progress made with respect
to the project;
(ii) specific information on the methods and techniques
used to control invasive species in the project area;
(iii) trends in the population size and distribution of
invasive species in the project area; and
(iv) the number of acres of the native ecosystem protected
or restored.
(g) Cost-Sharing Requirement.--
(1) Projects on adjacent land.--
(A) In general.--Except as provided in subparagraph (B),
the Federal share of the cost of a control project carried
out on adjacent land shall be not more than 75 percent.
(B) Certain control projects.--The Federal share of a
control project carried out on adjacent land that uses pilot
testing, demonstrates an innovative technology, or provides
for the conservation of threatened or endangered species
shall be 85 percent.
(2) Projects on public land.--The Federal share of the cost
of the portion of a control project that is carried out on
Public land shall be 100 percent.
(3) Application of in-kind contributions.--The Secretary
may apply to the non-Federal share of the costs of a control
project the fair market value of services or any other form
of in-kind contribution to the project made by a non-Federal
entity.
(4) Derivation of non-federal share.--The non-Federal share
of the cost of a control project carried out with a grant
under this section may not be derived from a Federal grant
program or other Federal funds.
(h) Reporting by Secretary.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act and every 2 years thereafter, the
Secretary shall submit to Congress a report that--
(A) describes the implementation of this section; and
(B) includes a determination whether the grants authorized
under subsections (a) and (b) should be expanded to land and
water that are owned and administered by Federal agencies
other than the Department of the Interior or the Forest
Service.
(2) Contents.--A report under paragraph (1) shall include a
review of control projects, including--
(A) a list of control projects selected, in progress, and
completed;
(B) an assessment of project impacts, including--
(i) areas treated; and
(ii)(I) if feasible, a measurement of invasive species
eradicated; or
(II) an estimate of the extent to which invasive species
have been reduced or contained;
(C) the success and failure of control techniques used;
(D) an accounting of expenditures by Federal, State,
regional, and local government agencies and other entities to
carry out the projects;
(E) a review of efforts made to maintain an appropriate
database of projects assisted under this section; and
(F) a review of the geographical distribution of Federal
funds, matching funds, and in-kind contributions provided for
projects.
SEC. 5. RAPID RESPONSE ASSISTANCE.
(a) In General.--The Secretary may provide financial
assistance to States, local governments, public or private
entities, and Indian tribes for a period of 1 fiscal year to
enable States, local governments, nongovernmental entities,
and Indian tribes to rapidly respond to outbreaks of invasive
species that are at a stage at which rapid eradication or
control is possible.
(b) Requirements for Assistance.--The Secretary shall--
(1) at the request of the Governor of a State--
(A) provide assistance under this section to the State, a
local government, public or private entity, or Indian tribe
for the eradication of an immediate invasive species threat
in the State if--
(i) there is a demonstrated need for the assistance;
(ii) the invasive species is considered to be an immediate
threat to native ecosystems, human health, or the economy, as
determined by the Secretary; and
(iii) the proposed response of the State, local government,
public or private entity, or Indian tribe to the threat--
(I) is technically feasible; and
(II) minimizes adverse impacts to native ecosystems and
non-target species; or
(B) if the requirements under subparagraph (A) are not met,
submit to the Governor of the State, not later than 30 days
after the date on which the Secretary received the request,
written notice that the State is not eligible for assistance
under this section;
(2) determine the amount of financial assistance to be
provided under this section, subject to the availability of
appropriations, with respect to an outbreak of an invasive
species;
(3) require that entities receiving assistance under this
section monitor and report on activities carried out with
such assistance in the same manner that control project grant
recipients monitor and report on such activities; and
(4) expedite environmental and regulatory reviews to ensure
that an outbreak of invasive species can be addressed within
the 180-day period beginning on the date on which the State
notifies the Secretary of the outbreak.
SEC. 6. RELATIONSHIP TO OTHER AUTHORITIES.
Nothing in this Act affects authorities, responsibilities,
obligations, or powers of the Secretary under any other
statute.
SEC. 7. BUDGET CROSSCUT.
Not later than March 31, 2005, and each year thereafter,
the Director of the Office of Management and Budget, in
consultation with the Council, shall submit to Congress--
(1) a comprehensive budget analysis and summary of Federal
programs relating to invasive species; and
(2) a list of general priorities, ranked in high, medium,
and low categories, of Federal efforts and programs in--
(A) prevention;
(B) early detection and rapid response;
(C) eradication, control, management, and restoration;
(D) research and monitoring;
(E) information management; and
(F) public outreach and partnership efforts.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) Assessment Grants.--There are authorized to be
appropriated to the Secretary to carry out assessment
projects under section 4(a)--
(1) $25,000,000 for fiscal year 2005; and
(2) such sums as are necessary for each of fiscal years
2006 through 2009.
(b) Control Grants.--There are authorized to be
appropriated to the Secretary to carry out control projects
under section 4(b)--
(1) $175,000,000 for fiscal year 2005; and
(2) such sums as are necessary for each of fiscal years
2006 through 2009.
(c) Rapid Response Assistance.--There are authorized to be
appropriated to the Secretary to carry out section 5--
(1) $50,000,000 for fiscal year 2005; and
(2) such sums as are necessary for each of fiscal years
2006 through 2009.
(d) Continuing Availability.--Amounts made available under
this section shall remain available until expended.
(e) Administrative Expenses of Secretary.--Of amounts made
available each fiscal year to carry out this Act, the
Secretary may expend not more than 5 percent to pay the
administrative expenses necessary to carry out this Act.
______
By Mr. CHAMBLISS (for himself and Mr. Kyl):
S. 2599. A bill to strengthen anti-terrorism investigative tools, to
enhance prevention and prosecution of terrorist crimes, to combat
terrorism financing, to improve border and transportation security, and
for other purposes; to the Committee on the Judiciary.
Mr. CHAMBLISS. Mr. President, I rise today to introduce a bill that
will facilitate the sharing of information from Federal law enforcement
agencies to State and local law enforcement. Right now, existing
Federal law authorizes the FBI to obtain certain records and
information, such as telephone records, bank records, and consumer
credit records, in investigations of terrorist activities. One of the
tools
[[Page S7478]]
that the FBI uses for this purpose is the National Security Letter (or
NSL), which is, in effect, a limited type of administrative subpoena
that is directed to the institutions that have these records. The
statutes authorizing the use of NSLs generally require that the
requested information be relevant to an investigation of international
terrorism or clandestine intelligence activities, and these statues
prohibit investigations based solely on First Amendment-protected
activities of people known under the law as ``United States persons,''
which is a group consisting of U.S. citizens and permanent resident
aliens.
Unfortunately, when the FBI receives records or information provided
to it in response to NSLs, several different statutes govern the
circumstances under which the Bureau may disseminate this information
to other agencies. The standards differ from statute to statute--
complicating the sharing of the information with other agencies that
may need it for counterterrorism purposes--and a number of these
provisions curiously are more restrictive about information sharing
with other Federal agencies than with non-Federal agencies. The
Information Sharing Improvement Act of 2004 (ISIA), which I introduce
today along with my good friend from Arizona, John Kyl, would amend
these statutes to allow the dissemination of information obtained
through NSLs in conformity with consistent guidelines developed by the
Attorney General.
The Information Sharing Improvement Act also amends a statute that
authorizes sharing of national security-related investigative
information with relevant Federal, State, and local officials, to make
it clear that the statute applies regardless of whether the
investigation in which the information was obtained is characterized as
a ``criminal'' investigation or a ``national security'' investigation.
Finally, the Information Sharing Improvement Act would restore
Homeland Security Act amendments that broaden the sharing of Federal
grand jury information concerning threatened terrorist attacks with
State and local authorities.
The Information Sharing Improvement Act does not expand the powers of
the FBI or Federal prosecutors to acquire records or information, but
it will improve their ability to share information--obtained under
existing authorities--with Federal, State, and local agencies that need
it to protect the public from terrorism.
______
By Mrs. CLINTON (for herself, Mr. Levin, Mr. Dodd, Ms. Cantwell,
Mr. Sarbanes, Mr. Schumer, Ms. Landrieu, Mr. Santorum, Mr.
Lieberman, Mrs. Boxer, Mr. Specter, Mr. Alexander, Ms.
Stabenow, Mrs. Feinstein, Mrs. Hutchison, Ms. Mikulski, Ms.
Collins, Mr. Corzine, and Mr. Pryor):
S. 2600. A bill to direct the Architect of the Capitol to enter into
a contract to revise the statue commemorating women's suffrage located
in the rotunda of the United States Capitol to include a likeness of
Sojourner Truth; to the Committee on Rules and Administration.
Mrs. CLINTON. Mr. President, I rise today to introduce legislation,
with strong bi-partisan support, calling for the women's suffrage
statue located in the Capitol Rotunda to include a likeness of
Sojourner Truth. As many of my colleagues know, in the majestic Capitol
Rotunda sits a monument honoring three pioneers of the women's suffrage
movement, which led to the women of our great nation being granted the
right to vote in 1920.
The monument features the busts of Lucretia Mott, Elizabeth Cady
Stanton, and Susan B. Anthony that were sculpted by Adelaide Johnson,
who passed away in 1955. As the Architect of the Capitol has noted, the
monument was presented to the Capitol as a gift from the women of the
United States by the National Women's Party and was accepted on behalf
of Congress by the Joint Committee on the Library on February 10, 1921.
The unveiling ceremony was held in the Rotunda on February 15, 1921,
the 101st anniversary of the birth of Susan B. Anthony, and was
attended by representatives of over 70 women's organizations. The
Committee authorized the installation of the monument in the Crypt,
where it remained until, by act of Congress in 1996, it was relocated
to the Capitol Rotunda in May 1997.
In addition to the wonderful busts of Stanton, Mott, and Anthony, one
of the interesting features of the monument is the existence of a large
slab of stone that was never sculpted. Looking at the monument, it is
clear that it was intended for a fourth person--another pioneer of the
women's suffrage movement--to be sculpted. The legislation I am
introducing today calls for Sojourner Truth to be that person.
Born into slavery as one of the youngest of thirteen children of
James and Elizabeth in Hurley, which is in Ulster County, New York, in
approximately 1897, Sojourner Truth's given name was Isabella Baumfree.
Almost all of her brothers and sisters had been sold to other slave
owners. Some of her earliest memories were of her parents' stories of
the cruel loss of their other children.
Isabella was sold several times to various slave owners and suffered
many hardships under slavery, but throughout her life she maintained a
deep and unwavering faith that carried her through many difficult
times.
In 1817, the New York State Legislature passed the New York State
Emancipation Act, which granted freedom to those enslaved who were born
before July 4, 1799. Unfortunately, however, this law declared that
many men, women and children could not be freed until July 4, 1827, ten
years later. While still enslaved and at the demand of her then owner,
John Dumont, Isabella married an older slave named Thomas, with whom
she had at least five children--Diane, Peter, Hannah, Elizabeth, and
Sophia.
As the date of her release came near--July 4, 1827--she learned that
Dumont was plotting to keep her enslaved, even after the Emancipation
Act went into effect. For this reason, in 1826, she ran away from the
Dumont plantation with her infant child, leaving behind her husband and
other children.
She took refuge with a Quaker family--the family of Isaac Van
Wagenen--and performed domestic work for them as well as missionary
work among the poor of New York City. While working for the Van
Wagenen's, she discovered that a member of the Dumont family had sold
her youngest son Peter to a plantation owner in Alabama. At the time,
New York law prohibited the sale of slaves outside New York State and
so the sale of Peter was illegal. Isabella sued in court and won his
return. In doing so, she became the first black woman in the United
States to take a white man to court and win.
Isabella had always been very spiritual, and soon after being
emancipated, she had a vision that affected her profoundly, leading
her--as she later described it--to develop a ``perfect trust in God and
prayer.'' In 1843, deciding her mission was to preach the word of God,
Isabella changed her name to Sojourner Truth--her name for a traveling
preacher, one who speaks the truth--and left New York. That summer she
traveled throughout New England, calling her own prayer meetings and
attending those of others. She preached ``God's truth and plan for
salvation.''
After months of travel, she arrived in Northampton, Massachusetts,
and joined the Northampton Association for Education and Industry,
where she met and worked with abolitionists such as William Lloyd
Garrison, Frederick Douglas, and Olive Gilbert.
As we know, during the 1850s, slavery became an especially heated
issue in the United States. In 1850, Congress passed the Fugitive Slave
Law, which allowed runaway slaves to be arrested and jailed without a
jury trial, and in 1857, the Supreme Court ruled in the Dred Scott case
that those enslaved had no rights as citizens and that the government
could not outlaw slavery in the new territories.
Nevertheless, these extraordinarily difficult times did not stop
Sojourner Truth from continuing her mission. Her life story--``The
Narrative of Sojourner Truth: A Northern Slave''--written with the help
of friend Olive Gilbert, was published in 1850.
While traveling and speaking in states across the country, Sojourner
Truth met many women abolitionists and noticed that although women
could be part of the leadership in the abolitionist movement, they
could neither vote nor hold public office. It was
[[Page S7479]]
this realization that led Sojourner to become an outspoken supporter of
women's rights.
In 1851, she addressed the Women's Rights Convention in Akron, Ohio,
delivering her famous speech ``Ain't I a Woman?'' The applause she
received that day has been described as ``deafening.'' From that time
on, she became known as a leading advocate for the rights of women.
Indeed, she was one of the nineteenth century's most eloquent voices
for the cause of anti-slavery and women's rights.
By the mid-1850s, Truth had earned enough money from sales of her
popular autobiography to buy land and a house in Battle Creek,
Michigan. She continued her lectures, traveling to Ohio, Indiana, Iowa,
Illinois, and Wisconsin. When the Civil War erupted in 1861, she
visited black troops stationed near Detroit, Michigan, and offered
encouragement. After the Emancipation Proclamation of 1863, she worked
in Washington as a counselor and educator for those who had been
previously enslaved through the Freedman's Relief Association and the
Freedmen's Hospital. It was during this time--in October 1864--that she
met with President Abraham Lincoln.
Throughout the 1870s, Sojourner Truth continued to speak on behalf of
women and African Americans. Failing health, however, soon forced
Sojourner to return to her Battle Creek, Michigan home, where she died
on November 26, 1883.
This brief recounting of Sojourner Truth's life story only begins to
speak of her faith, courage, intelligence, and steadfastness in the
face of extraordinary circumstances and volatile times in our Nation's
history. Though she could neither read nor write, her eloquence
commanded the attention of thousands of Americans, both black and
white. It therefore comes as no surprise to learn that among her many
friends, admirers and staunch supporters were Frederick Douglass, Amy
Post, Olive Gilbert, Parker Pillsbury, Mrs. Francis Gage, Weldell
Phillips, Willilam Lloyd Garrison, Laura Haviland, Lucretia Mott, and
Susan B. Anthony.
The legislation I am introducing today pays tribute to Sojourner
Truth by including her in the portrait monument with three of her
fellow leading suffragettes. That is why this legislation has the
strong bi-partisan support of so many of my colleagues and of many
organizations, including the National Council of Women's Organizations.
I also want to take a moment to say a special thanks of appreciation
to Dr. C. Delores Tucker, Chair of the National Congress of Black
Women, who is the champion of this legislation and for all African
American women, children and families today. I know that with her
continued, unwavering support, this legislation will be enacted. I ask
all of my colleagues to support it. Thank you.
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. 2600
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. FINDINGS.
Congress finds the following:
(1) Sojourner Truth was a towering figure among the
founders of the movement for women's suffrage in the United
States, and any monument that accurately represents this
important development in our Nation's history should include
her.
(2) The statue known as the Portrait Monument, originally
presented to Congress in 1920 in honor of the passage of the
Nineteenth Amendment guaranteeing women the right to vote and
presently exhibited in the rotunda of the Capitol, portrays
several early suffragists who were Sojourner Truth's
contemporaries, but not Sojourner Truth herself, the only
African American among the group.
SEC. 2. REVISION OF WOMEN'S SUFFRAGE STATUE.
Not later than the final day on which the One Hundred Ninth
Congress is in session, the Architect of the Capitol shall
enter into a contract to revise the statue commemorating
women's suffrage located in the rotunda of the United States
Capitol (commonly known as the ``Portrait Monument'') to
include a likeness of Sojourner Truth.
Mr. SPECTER. Mr. President, I have sought recognition to co-sponsor
legislation to add the likeness of Sojourner Truth to the statue
commemorating women's suffrage located in the rotunda of the United
States Capitol.
Sojourner Truth (1797?-1883) was the self-given name of a woman born
into slavery. The year of her birth is uncertain, and is usually taken
to be 1797. Originally Isabella Van Wagener, she escaped to Canada in
1827.
After New York State had abolished slavery in 1829, she returned and
worked as a domestic servant for over a decade, and joined Elijah
Pierson in evangelical preaching on street-corners. Later in life she
became a noted speaker for both the Abolitionist movement and the
women's rights movement. Perhaps one of her most famous speeches was
Ain't I A Woman, a short but pointed commentary delivered in 1851 at
the Women's Convention in Akron, Ohio.
During the American Civil War, she organized collection of supplies
for the Union. In 1850, she worked with Olive Gilbert to produce a
biography, the Narrative of Sojourner Truth.
This was a truly amazing woman who endeavored in her time to change
the American experience both for her fellow freed slaves as well as
women of all races. A courageous woman, Truth not only spoke out
against the racial oppression that she had endured throughout her
childhood but acted on her beliefs, inspiring men and women of all
races with her personal strength, wisdom, and social activism.
Through her courage and perseverance, Sojourner Truth, her
contemporaries, and future visionaries have led our nation and the
world toward greater freedom and democracy for all. Three of these
women--Lucretia Mott, Elizabeth Cady Stanton, and Susan B. Anthony--are
already portrayed by the Portrait Monument, which was presented to
Congress in 1920 in honor of the passage of the Nineteenth Amendment
guaranteeing women the right to vote. Her recognition, as an African-
American would be an appropriate, noteworthy addition to the statue.
I am pleased to offer this legislation to finally honor Sojourner
Truth in the rotunda of the U.S. Capitol and encourage the retelling of
her inspirational story to the American people. This is a long overdue
effort and I encourage my colleagues to support this legislation.
______
By Mr. LAUTENBERG:
2601. A bill to amend title 37, United States Code, to require the
payment of monthly special pay for members of the uniformed services
whose service on active duty is extended by a stop-loss order or
similar mechanism, and for other purposes; to the Committee on Armed
Services.
Mr. LAUTENBERG. Mr. President, I rise today to offer a bill that
addresses a critical element of defense funding.
My bill will very simply compensate men and women from all services
who will be deployed even after their service agreement has ended.
The so called ``Stop Loss'' policy that will keep over 10,000 troops
forcefully conscripted is a direct result of perhaps the most dangerous
error the administration made in its planning for the war in Iraq.
The administration gravely miscalculated the military personnel
required in the post-invasion stage of the Iraq campaign. It
drastically underestimated the challenges of the so called
``Reconstruction Phase'' and instead naively pretended we would be
greeted as liberators, with sweets and tea.
The civilian leadership at the Pentagon failed to plan for adequate
personnel to ensure the security of Iraq.
But this wasn't just failure by omission. This was a deliberate
neglect of expert opinion, which warned the administration that
hundreds of troops would be needed to secure a country the size of
California. In January 2003, three star General Eric Shinseki told the
White House, the Pentagon and the public that 300,000 troops were
necessary to execute the war and post-war objectives.
Not only was his expert advice ignored, but he was also fired for
offering a dissenting view.
In May 2003, the administration was given a second chance to bolster
its troops in Iraq; it could have solicited the support of our major
allies--such as Turkey, France, India and others--and NATO and urge a
truly international coalition to maintain peace in Iraq.
Unfortunately, the opportunity to bolster our troops through a real
multinational coalition was squandered and now it is too late.
[[Page S7480]]
In fact, our troop shortage is so dire in Iraq that we are paying
non-military private contractors to perform typically military
functions in Iraq--everything from serving meals to securing command
centers.
We now have over 20,000 private security contractors in Iraq, which
is approximately the same number of individuals as the international
troops from the United Kingdom, Poland, Thailand, Italy and elsewhere
who are in our coalition.
And now, the military is forced to rely on the policy of forcing
individuals at the end of their service term to remain with their unit
if it is deployed or will be deployed to the combat theaters.
The Pentagon has cleverly borrowed the corporate term ``Stop Loss''
to describe this new policy, which will affect over 10,000 new active
duty and national guard and reservists.
I call the policy: ``Going Back on Your Word.'' With the Stop Loss
orders, thousands of men and women are being forcibly maintained in the
services, just as they were packing their bags and preparing to return
home to civilian life.
Stop Loss has an extremely large impact on all troops, but especially
impacts the National Guard and Reservists, many of whom have already
been deployed much longer than they expected.
These men and women have put jobs and families on hold and now the
Pentagon is delaying their return further.
My bill addresses the serious strain that is currently being placed
on our young men and women in uniform and their families back home. It
requires the Pentagon to reimburse service members $2,000 a month for
each month that they are forcibly maintained in the Armed Services,
after their term of enlistment has extended.
Critics might claim that this bonus will unfairly reward some troops
and not others. But the Army and other services already have instituted
many different types of bonus awards that compensate service members
above and beyond the base military pay. For example, we routinely give
hazardous danger pay and separation pay and recently we've initiated
new bonuses for those who enlist as a recruiting tool.
It's only fair that we compensate the troops who have already been
fighting on the front lines of our two combat theaters.
These American heroes being sent back to war deserve a $2,000 a month
bonus each and every month they are serving.
While the richest among us have been rewarded with tax cuts, the
soldiers, sailors, marines, and air men and women and their families
are living paycheck to paycheck. This is just one example of how this
war is requiring sacrifices from only a small, overburdened segment of
American society.
It is not fair and my Military Fairness Act of 2004 will begin to
redress the inequity in sacrifice:
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. 2601
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. MONTHLY SPECIAL PAY FOR ACTIVE DUTY SERVICE
EXTENDED BY STOP-LOSS ORDERS.
(a) In General.--(1) Chapter 5 of title 37, United States
Code, is amended by adding at the end the following new
section:
``Sec. 327. Special pay: active duty service extended by
stop-loss order
``(a) Special Pay.--A member of the uniformed services
entitled to basic pay whose enlistment or period of obligated
service is extended, or whose eligibility for retirement is
suspended, pursuant to the exercise of an authority referred
to in subsection (b) is entitled while on active duty during
the period of such extension or suspension to special pay in
the amount specified in subsection (c).
``(b) Extension Authorities.--An authority referred to in
this section is an authority for the extension of an
enlistment or period of obligated service, or for suspension
of eligibility for retirement, of a member of the uniformed
services under a provision of law as follows:
``(1) Section 123 of title 10.
``(2) Section 12305 of title 10.
``(3) Any other provision of law (commonly referred to as
`stop-loss authority') authorizing the President to extend an
enlistment or period of obligated service, or suspend an
eligibility for retirement, of a member of the uniformed
services in time of war or of national emergency declared by
Congress or the President.
``(c) Monthly Amount.--The amount of special pay specified
in this subsection is $2,000 per month.
``(d) Construction With Other Pays.--Special pay payable
under this section is in addition to any other pay payable to
members of the uniformed services by law.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``327. Special pay: active duty service extended by stop-loss order.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect as of March 20, 2003.
(c) Funding.--Amounts appropriated or otherwise made
available for the Department of Defense for operation and
maintenance for fiscal year 2005 shall be available for the
payment of special pay under section 327 of title 37, United
States Code (as added by subsection (a))--
(1) during fiscal year 2005; and
(2) for the period beginning on the effective date
specified in subsection (b) and ending on September 30, 2004.
______
By Mr. DODD (for himself and Mr. Bennett):
S. 2602. A bill to provide for a circulating quarter dollar coin
program to honor the District of Columbia, the Commonwealth of Puerto
Rico, Guam, American Samoa, the United States Virgin Islands, and the
Commonwealth of the Northern Mariana Islands, and for other purposes;
to the Committee on Banking, Housing, and Urban Affairs.
Mr. DODD. Mr. President, I rise today to introduce the District of
Columbia and United States Territories Circulating Quarter Dollar
Program Act. I am proud to cosponsor this important legislation with my
colleague, Sen. Robert Bennett, R-UT.
This legislation will provide the District of Columbia, American
Samoa, Guam, Puerto Rico, the Virgin Islands, and the Commonwealth of
the Northern Mariana Islands the opportunity to put a design of their
choice on the reverse side of a quarter coin. These jurisdictions were
inadvertently excluded from the 50 States Quarter Commemorative Coin
Program Act, Public Law 105-124, that gave each State the same right in
1997.
As part of the 50 State Quarter Program, over twenty-two billion
quarter coins representing 27 states have been minted. All the coins
are minted according to the year each State ratified the Constitution
of the United States or were admitted into the Union. Although States
have appropriate latitude, there are limitations as to what can be used
as a design.
According to Public Law 105-124, the Secretary of the Treasury has
the final approval of each design. The law gives clear guidance as to
what is an acceptable design concept. Suitable design concepts include
State landmarks, landscapes, historically significant buildings,
symbols of State resources or industries, official State flora and
fauna, State icons, and outlines of States. Among the examples of
suitable coins already in circulation year New York's Statue of
Liberty, Missouri's depiction of Lewis and Clark as they paddled down
the Missouri River with the Gateway Arch in the background, and North
Carolina's first successful airplane flight.
The District of Columbia has been the unfortunate target of acts of
terror, yet citizens of the District have no one who can cast a vote in
Congress on policies to protect their security. Citizens of Washington,
D.C., pay income taxes just like every other American. In fact on a per
capita basis, District residents have the second highest Federal tax
obligation. And yet they have absolutely no say in how high those taxes
will be or how their tax dollars will be spent.
This legislation is a reminder of the importance of including all
Americans in the symbols of American citizenship. The residents of the
District are American citizens, despite their lack of voting
representation in the Congress.
I believe that the least that we can do is allow the residents of the
District of Columbia, as citizens of the United States, to commemorate
the symbols of their own jurisdiction.
The 50 States Commemorative Coin Program Act of 1997 states that
``Congress finds that it is appropriate and timely to honor the unique
Federal Republic of 50 States that comprise the United States; and to
promote the diffusion of knowledge among the youth
[[Page S7481]]
of the United States about the individual states, their history and
geography, and the rich diversity of the national heritage'' and to
encourage ``young people and their families to collect memorable tokens
of all of the States for the face value of the coins.''
I believe that it is of significant importance to America's youth to
better understand and honor the rich, vibrant history of our nation's
capital and territories, as well as that of our states. I urge my
colleagues to support this meaningful legislation.
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. 2602
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 ``District of Columbia and
United States Territories Circulating Quarter Dollar Program
Act''.
SEC. 2. ISSUANCE OF REDESIGNED QUARTER DOLLARS HONORING THE
DISTRICT OF COLUMBIA AND EACH OF THE
TERRITORIES.
Section 5112 of title 31, United States Code, is amended by
inserting after subsection (m) the following new subsection:
``(n) Redesign and Issuance of Circulating Quarter Dollar
Honoring the District of Columbia and Each of the
Territories.--
``(1) Redesign in 2009.--
``(A) In general.--Notwithstanding the fourth sentence of
subsection (d)(1) and subsection (d)(2) and subject to
paragraph (6)(B), quarter dollar coins issued during 2009
shall have designs on the reverse side selected in accordance
with this subsection which are emblematic of the District of
Columbia and the territories.
``(B) Flexibility with regard to placement of
inscriptions.--Notwithstanding subsection (d)(1), the
Secretary may select a design for quarter dollars issued
during 2009 in which--
``(i) the inscription described in the second sentence of
subsection (d)(1) appears on the reverse side of any such
quarter dollars; and
``(ii) any inscription described in the third sentence of
subsection (d)(1) or the designation of the value of the coin
appears on the obverse side of any such quarter dollars.
``(2) Single district or territory design.--The design on
the reverse side of each quarter dollar issued during 2009
shall be emblematic of one of the following: The District of
Columbia, the Commonwealth of Puerto Rico, Guam, American
Samoa, the United States Virgin Islands, and the Commonwealth
of the Northern Mariana Islands.
``(3) Selection of design.--
``(A) In general.--Each of the 6 designs required under
this subsection for quarter dollars shall be--
``(i) selected by the Secretary after consultation with--
``(I) the chief executive of the District of Columbia or
the territory being honored, or such other officials or group
as the chief executive officer of the District of Columbia or
the territory may designate for such purpose; and
``(II) the Commission of Fine Arts; and
``(ii) reviewed by the Citizens Coinage Advisory Committee.
``(B) Selection and approval process.--Designs for quarter
dollars may be submitted in accordance with the design
selection and approval process developed by the Secretary in
the sole discretion of the Secretary.
``(C) Participation.--The Secretary may include
participation by District of Columbia or territorial
officials, artists from the District of Columbia or the
territory, engravers of the United States Mint, and members
of the general public.
``(D) Standards.--Because it is important that the Nation's
coinage and currency bear dignified designs of which the
citizens of the United States can be proud, the Secretary
shall not select any frivolous or inappropriate design for
any quarter dollar minted under this subsection.
``(E) Prohibition on certain representations.--No head and
shoulders portrait or bust of any person, living or dead, and
no portrait of a living person may be included in the design
of any quarter dollar under this subsection.
``(4) Treatment as numismatic items.--For purposes of
sections 5134 and 5136, all coins minted under this
subsection shall be considered to be numismatic items.
``(5) Issuance.--
``(A) Quality of coins.--The Secretary may mint and issue
such number of quarter dollars of each design selected under
paragraph (4) in uncirculated and proof qualities as the
Secretary determines to be appropriate.
``(B) Silver coins.--Notwithstanding subsection (b), the
Secretary may mint and issue such number of quarter dollars
of each design selected under paragraph (4) as the Secretary
determines to be appropriate, with a content of 90 percent
silver and 10 percent copper.
``(C) Timing and order of issuance.--Coins minted under
this subsection honoring the District of Columbia and each of
the territories shall be issued in equal sequential intervals
during 2009 in the following order: the District of Columbia,
the Commonwealth of Puerto Rico, Guam, American Samoa, the
United States Virgin Islands, and the Commonwealth of the
Northern Mariana Islands.
``(6) Other provisions.--
``(A) Application in event of admission as a state.--If the
District of Columbia or any territory becomes a State before
the end of the 10-year period referred to in subsection
(l)(1), subsection (l)(7) shall apply, and this subsection
shall not apply, with respect to such State.
``(B) Application in event of independence.--If any
territory becomes independent or otherwise ceases to be a
territory or possession of the United States before quarter
dollars bearing designs which are emblematic of such
territory are minted pursuant to this subsection, this
subsection shall cease to apply with respect to such
territory.
``(7) Territory defined.--For purposes of this subsection,
the term `territory' means the Commonwealth of Puerto Rico,
Guam, American Samoa, the United States Virgin Islands, and
the Commonwealth of the Northern Mariana Islands.''.
______
By Mr. SMITH (for himself, Mr. Allen, Mr. Hollings, and Mr.
Sununu):
S. 2603. A bill to amend section 227 of the Communications Act of
1934 (47 U.S.C. 227) relating to the prohibition on junk fax
transmissions; to the Committee on Commerce, Science, and
Transportation.
Mr. SMITH. Mr. President, I rise today with Senators Allen, Hollings
and Sununu to introduce the ``Junk Fax Prevention Act of 2004.'' This
bill will strengthen existing laws by providing consumers the ability
to prevent unsolicited fax advertisements and provide greater
Congressional oversight of enforcement efforts by the Federal
Communications Commission (FCC). This bill will also help businesses by
allowing them to continue to send faxes to their customers in a manner
that has proven successful with both businesses and consumers.
At the end of last summer, the FCC reconsidered its Telephone
Consumer Protection Act (TCPA) rules and elected to eliminate the
ability for businesses to contact their customers even where there
exists an established business relationship. The effect of the FCC's
rule would be to prevent a business from sending a fax solicitation to
any person, whether it is a supplier or customer, without first
obtaining prior written consent. This approach, while seemingly
sensible, would impose significant costs on businesses in the form of
extensive record keeping. Almost immediately after issuing this rule,
the Commission stayed its implementation until January 1, 2005.
The purpose of this legislation is to preserve the established
business relationship exception currently recognized under the TCPA. In
addition, this bill will allow consumers to opt out of receiving
further unsolicited faxes. This is a new consumer protection that does
not exist under the TCPA today.
We believe that this bipartisan bill strikes the appropriate balance
in providing significant protections to consumers from unwanted
unsolicited fax advertisements and preserves the many benefits that
result from legitimate fax communications. We hope that this body can
pass this legislation in a timely manner, prior to January 1, 2005,
when the FCC's stay expires.
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. 2603
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 ``Junk Fax Prevention Act of
2004''.
SEC. 2. PROHIBITION ON FAX TRANSMISSIONS CONTAINING
UNSOLICITED ADVERTISEMENTS.
(a) Prohibition.--Section 227(b)(1)(C) of the
Communications Act of 1934 (47 U.S.C. 227(b)(1)(C)) is
amended to read as follows:
``(C) to use any telephone facsimile machine, computer, or
other device to send, to a telephone facsimile machine, an
unsolicited advertisement, unless--
``(i) the unsolicited advertisement is from a sender with
an established business relationship with the recipient; and
``(ii) the unsolicited advertisement contains a notice
meeting the requirements under paragraph (2)(D), except that
the exception under clauses (i) and (ii) shall not apply with
respect to an unsolicited advertisement sent to a telephone
facsimile machine by a sender to whom a request has been made
not to send future unsolicited advertisements to such
telephone facsimile
[[Page S7482]]
machine that complies with the requirements under paragraph
(2)(E); or''.
(b) Definition of Established Business Relationship.--
Section 227(a) of the Communications Act of 1934 (47 U.S.C.
227(a)) is amended--
(1) by redesignating paragraphs (2) through (4) as
paragraphs (3) through (5), respectively; and
(2) by inserting after paragraph (1) the following:
``(2) The term `established business relationship', for
purposes only of subsection (b)(1)(C)(i), shall have the
meaning given the term in section 64.1200 of title 47, Code
of Federal Regulations, as in effect on January 1, 2003,
except that--
``(A) such term shall include a relationship between a
person or entity and a business subscriber subject to the
same terms applicable under such section to a relationship
between a person or entity and a residential subscriber; and
``(B) an established business relationship shall be subject
to any time limitation established pursuant to paragraph
(2)(G))''.
(c) Required Notice of Opt-Out Opportunity.--Section
227(b)(2) of the Communications Act of 1934 (47 U.S.C.
227(b)(2)) is amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(D) shall provide that a notice contained in an
unsolicited advertisement complies with the requirements
under this subparagraph only if--
``(i) the notice is clear and conspicuous and on the first
page of the unsolicited advertisement;
``(ii) the notice states that the recipient may make a
request to the sender of the unsolicited advertisement not to
send any future unsolicited advertisements to a telephone
facsimile machine or machines and that failure to comply,
within the shortest reasonable time, as determined by the
Commission, with such a request meeting the requirements
under subparagraph (E) is unlawful;
``(iii) the notice sets forth the requirements for a
request under subparagraph (E);
``(iv) the notice includes--
``(I) a domestic contact telephone and facsimile machine
number for the recipient to transmit such a request to the
sender; and
``(II) a cost-free mechanism for a recipient to transmit a
request pursuant to such notice to the sender of the
unsolicited advertisement; the Commission shall by rule
require the sender to provide such a mechanism and may, in
the discretion of the Commission and subject to such
conditions as the Commission may prescribe, exempt certain
classes of small business senders, but only if the Commission
determines that the costs to such class are unduly burdensome
given the revenues generated by such small businesses;
``(v) the telephone and facsimile machine numbers and the
cost-free mechanism set forth pursuant to clause (iv) permit
an individual or business to make such a request during
regular business hours; and
``(vi) the notice complies with the requirements of
subsection (d);''.
(d) Request to Opt-Out of Future Unsolicited
Advertisements.--Section 227(b)(2) of the Communications Act
of 1934 (47 U.S.C. 227(b)(2)), as amended by subsection (c),
is further amended by adding at the end the following:
``(E) shall provide, by rule, that a request not to send
future unsolicited advertisements to a telephone facsimile
machine complies with the requirements under this
subparagraph only if--
``(i) the request identifies the telephone number or
numbers of the telephone facsimile machine or machines to
which the request relates;
``(ii) the request is made to the telephone or facsimile
number of the sender of such an unsolicited advertisement
provided pursuant to subparagraph (D)(iv) or by any other
method of communication as determined by the Commission; and
``(iii) the person making the request has not, subsequent
to such request, provided express invitation or permission to
the sender, in writing or otherwise, to send such
advertisements to such person at such telephone facsimile
machine;''.
(e) Authority to Establish Nonprofit Exception.--Section
227(b)(2) of the Communications Act of 1934 (47 U.S.C.
227(b)(2)), as amended by subsections (c) and (d), is further
amended by adding at the end the following:
``(F) may, in the discretion of the Commission and subject
to such conditions as the Commission may prescribe, allow
professional or trade associations that are tax-exempt
nonprofit organizations to send unsolicited advertisements to
their members in furtherance of the association's tax-exempt
purpose that do not contain the notice required by paragraph
(1)(C)(ii), except that the Commission may take action under
this subparagraph only--
``(i) by regulation issued after public notice and
opportunity for public comment; and
``(ii) if the Commission determines that such notice
required by paragraph (1)(C)(ii) is not necessary to protect
the ability of the members of such associations to stop such
associations from sending any future unsolicited
advertisements; and''.
(f) Authority to Establish Time Limit on Established
Business Relationship Exception.--Section 227(b)(2) of the
Communications Act of 1934 (47 U.S.C. 227(b)(2)), as amended
by subsections (c), (d), and (e) of this section, is further
amended by adding at the end the following:
``(G)(i) may, consistent with clause (ii), limit the
duration of the existence of an established business
relationship to a period not shorter than 5 years and not
longer than 7 years after the last occurrence of an action
sufficient to establish such a relationship, but only if--
``(I) the Commission determines that the existence of the
exception under paragraph (1)(C) relating to an established
business relationship has resulted in a significant number of
complaints to the Commission regarding the sending of
unsolicited advertisements to telephone facsimile machines;
``(II) upon review of such complaints referred to in
subclause (I), the Commission has reason to believe that a
significant number of such complaints involve unsolicited
advertisements that were sent on the basis of an established
business relationship that was longer in duration than the
Commission believes is consistent with the reasonable
expectations of consumers;
``(III) the Commission determines that the costs to senders
of demonstrating the existence of an established business
relationship within a specified period of time do not
outweigh the benefits to recipients of establishing a
limitation on such established business relationship; and
``(IV) the Commission determines that, with respect to
small businesses, the costs are not unduly burdensome, given
the revenues generated by small businesses, and taking into
account the number of specific complaints to the Commission
regarding the sending of unsolicited advertisements to
telephone facsimile machines by small businesses; and
``(ii) may not commence a proceeding to determine whether
to limit the duration of the existence of an established
business relationship before the expiration of the 3-year
period that begins on the date of the enactment of the Junk
Fax Prevention Act of 2004.''.
(g) Unsolicited Advertisement.--Section 227(a)(5) of the
Communications Act of 1934, as so redesignated by subsection
(b)(1), is amended by inserting ``, in writing or otherwise''
before the period at the end.
(h) Regulations.--Except as provided in section
227(b)(2)(G)(ii) of the Communications Act of 1934 (as added
by subsection (f)), not later than 270 days after the date of
enactment of this Act, the Federal Communications Commission
shall issue regulations to implement the amendments made by
this section.
SEC. 3. FCC ANNUAL REPORT REGARDING JUNK FAX ENFORCEMENT.
Section 227 of the Communications Act of 1934 (47 U. S.C.
227) is amended by adding at the end the following:
``(g) Junk Fax Enforcement Report.--The Commission shall
submit an annual report to Congress regarding the enforcement
during the past year of the provisions of this section
relating to sending of unsolicited advertisements to
telephone facsimile machines, which report shall include--
``(1) the number of complaints received by the Commission
during such year alleging that a consumer received an
unsolicited advertisement via telephone facsimile machine in
violation of the Commission's rules;
``(2) the number of such complaints received during the
year on which the Commission has taken action;
``(3) the number of such complaints that remain pending at
the end of the year;
``(4) the number of citations issued by the Commission
pursuant to section 503 during the year to enforce any law,
regulation, or policy relating to sending of unsolicited
advertisements to telephone facsimile machines;
``(5) the number of notices of apparent liability issued by
the Commission pursuant to section 503 during the year to
enforce any law, regulation, or policy relating to sending of
unsolicited advertisements to telephone facsimile machines;
``(6) for each notice referred to in paragraph (5)--
``(A) the amount of the proposed forfeiture penalty
involved;
``(B) the person to whom the notice was issued;
``(C) the length of time between the date on which the
complaint was filed and the date on which the notice was
issued; and
``(D) the status of the proceeding;
``(7) the number of final orders imposing forfeiture
penalties issued pursuant to section 503 during the year to
enforce any law, regulation, or policy relating to sending of
unsolicited advertisements to telephone facsimile machines;
``(8) for each forfeiture order referred to in paragraph
(7)--
``(A) the amount of the penalty imposed by the order;
``(B) the person to whom the order was issued;
``(C) whether the forfeiture penalty has been paid; and
``(D) the amount paid;
``(9) for each case in which a person has failed to pay a
forfeiture penalty imposed by such a final order, whether the
Commission referred such matter for recovery of the penalty;
and
``(10) for each case in which the Commission referred such
an order for recovery--
[[Page S7483]]
``(A) the number of days from the date the Commission
issued such order to the date of such referral;
``(B) whether an action has been commenced to recover the
penalty, and if so, the number of days from the date the
Commission referred such order for recovery to the date of
such commencement; and
``(C) whether the recovery action resulted in collection of
any amount, and if so, the amount collected.''.
SEC. 4. GAO STUDY OF JUNK FAX ENFORCEMENT.
(a) In General.--The Comptroller General of the United
States shall conduct a study regarding complaints received by
the Federal Communications Commission concerning unsolicited
advertisements sent to telephone facsimile machines, which
study shall determine--
(1) the mechanisms established by the Commission to
receive, investigate, and respond to such complaints;
(2) the level of enforcement success achieved by the
Commission regarding such complaints;
(3) whether complainants to the Commission are adequately
informed by the Commission of the responses to their
complaints; and
(4) whether additional enforcement measures are necessary
to protect consumers, including recommendations regarding
such additional enforcement measures.
(b) Additional Enforcement Remedies.--In conducting the
analysis and making the recommendations required under
subsection (a)(4), the Comptroller General shall specifically
examine--
(1) the adequacy of existing statutory enforcement actions
available to the Commission;
(2) the adequacy of existing statutory enforcement actions
and remedies available to consumers;
(3) the impact of existing statutory enforcement remedies
on senders of facsimiles;
(4) whether increasing the amount of financial penalties is
warranted to achieve greater deterrent effect; and
(5) whether establishing penalties and enforcement actions
for repeat violators or abusive violations similar to those
established under section 1037 of title 18, United States
Code, would have a greater deterrent effect.
(c) Report.--Not later than 270 days after the date of the
enactment of this Act, the Comptroller General shall submit a
report on the results of the study under this section to
Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
______
By Mr. SMITH (for himself and Mr. Breaux):
S. 2604. A bill to amend the Internal Revenue Code of 1986 to reduce
the recognition period for built-ins gains for subchapter S
corporations; to the Committee on Finance.
Mr. SMITH. Mr. President, I am very pleased today to introduce the
Small Business Growth and Opportunity Act of 2004 along with my Finance
Committee colleague, Senator Breaux.
This legislation will allow S corporations to liquidate unproductive
assets freeing up capital to be used to grow the business and create
new jobs.
There are about 2.9 million of these small and family-owned
businesses in all 50 States. Over the past few years, many of these
small businesses have been forced to lay off workers and delay capital
investment. At the same time, the tax code forces them to hold on to
unproductive and inefficient assets or face the double tax period of
the corporate ``built-in gains'' tax.
Under current law, businesses that convert from C corporation to S
corporation status are penalized by a double tax burden for a period of
10 years if they sell assets they owned as a C corporation. This tax
penalty is imposed at the corporate level on top of normal shareholder-
level taxes, making the sale and reinvestment of these assets
prohibitively expensive. In some States, this double-tax burden can
exceed 70 percent of the built-in gain.
Clearly this tax penalty is neither justifiable nor sustainable as a
reasonable business matter. The built-in gains tax 1. limits cash flow
and availability, 2. encourages excess borrowing because the S
corporation cannot access the locked-in value of its own assets, and 3.
prevents these small businesses from growing and creating jobs.
While I would like to see even more generous relaxation of these
rules, for revenue considerations this bill will reduce the built-in
gains recognition period, the holding period, from 10 years to 7 years.
This three-year reduction would be a significant start in easing this
unproductive tax burden on these small and family-owned businesses.
I look forward to working with my colleagues on the Senate Finance
Committee and hope the Committee will consider this proposal this year.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
S. 2604
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. REDUCED RECOGNITION PERIOD FOR BUILT-IN GAINS.
(a) In General.--Paragraph (7) of section 1374(d) (relating
to definitions and special rules) is amended to read as
follows:
``(7) Recognition period.--The term `recognition period'
means the 7-year period beginning with the 1st day of the 1st
taxable year for which the corporation was an S corporation.
For purposes of applying this section to any amount
includible in income by reason of distributions to
shareholders pursuant to section 593(e), the preceding
sentence shall be applied without regard to the duration of
the recognition period in effect on the date such
distribution.''.
(b) Effective Date.--
(1) General rule.--The amendment made by this section shall
apply to any recognition period in effect on or after the
date of the enactment of this Act.
(2) Special application to existing periods exceeding 7
years.-- Any recognition period in effect on the date of the
enactment of this Act, the length of which is greater than 7
years, shall end on such date.
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