[Congressional Record (Bound Edition), Volume 149 (2003), Part 4]
[Senate]
[Pages 4635-4661]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. DODD (for himself, Mr. Kennedy, and Mr. Dayton):
  S. 448. A bill to leave no child behind, to the Committee on Finance.
  Mr. DODD. Mr. President, I rise today with colleagues Senator Kennedy 
and Senator Dayton to introduce the Leave No Child Behind Act of 2003, 
legislation that provides a comprehensive blueprint for addressing the 
needs of our Nation's children.
  When Representative George Miller and I introduced the Act to Leave 
No Child Behind in the last Congress, in May of 2001, this Nation was 
looking at an unprecedented Federal budget surplus of some $5.6 
trillion that Federal budget experts forecasted for the years 2002-
2011.
  But, just 2 years later, that projected surplus is gone. Instead, 
Federal budget experts now predict a deficit of more than $2 trillion 
for those years, the worst fiscal reversal in our history.
  Where did the money go?
  Obviously, the current economic slowdown has had an impact insofar as 
it has caused a drop in Federal receipts. However, much of the surplus 
was lost to an enormous tax bill that contained mostly tax breaks for 
the largest companies and most affluent individuals, which was enacted 
during the spring of 2001.
  And now, to make matters worse, the President is calling for more tax 
breaks, again, mostly to be enjoyed by the wealthy, which Federal 
budget experts estimate will cost $1.5 trillion over the next decade.
  At the same time, the President has proposed to severely weaken our 
Nation's efforts on behalf of families and children, particularly poor 
families with children.
  I listened to the President call for a more compassionate America in 
his State of the Union Address. Little did I expect that he was calling 
for others to be compassionate so that he would not have to be.
  The budget that we received from the President earlier this month is 
the worst I have seen for families with children in decades.
  Despite the fact that millions of parents struggle with the cost of 
child care, that the majority of States have long waiting lists, and 
that we vastly need to improve the quality of care, the President 
proposes to freeze child care assistance in each of the next five 
years.
  At the same time, the President proposes to increase the number of 
hours that parents on welfare are required to work and increase the 
overall number of parents on welfare who are required to work. All of 
this is without a dime more for child care.
  Who is going to watch these children? It is an undeniable fact that 
additional work requirements will cause an increase in the amount of 
child care parents need. And, additional hours of child care cost 
money.
  The risk is that States will rob Peter to pay Paul. They will shift 
child care assistance from the working poor, many of whom might be 
former welfare recipients, to help those on welfare meet their child 
care costs. This makes no sense.
  For Head Start, the President proposes a modest increase, barely 
enough to cover inflation despite the fact that Head Start reaches only 
60 percent of eligible 3- and 4-year-old children and only 3 percent of 
eligible infants and toddlers.
  In lieu of a real expansion in the program, the President proposes 
giving current Head Start funds used by community programs to States. 
This would mean that after 38 years of success, Head Start would no 
longer be a national program, with national performance standards, 
offering comprehensive services to our Nation's poorest children--those 
most likely to be struggling once in school.
  Head Start works. Study after study shows the gains Head Start 
children make. Since Head Start graduates make up only 8 percent of 
incoming kindergarten students, it makes no sense to raid the Head 
Start money to reach the other 92 percent of children who are not in 
Head Start. And yet, that could very well be the result of the 
President's proposal.
  What we know in our country is that many of our young people need a 
safe place to go after school, particularly at-risk youth who would 
otherwise be likely to go home alone, where in the absence of adult 
supervision, they are more likely to smoke, drink, have sex, or engage 
in crime. And yet, the President proposes to cut the 21st Century 
after-school program by $400 million. That cut would cause some 570,000 
children to be discharged next year from after-school programs across 
America.
  The President proposes deep cuts in Federal housing assistance, 
allowing States to receive foster care as a block grant instead of 
individual payments based on children actually in foster care, and 
potentially eliminating health insurance for millions of children 
through a block grant of Medicaid and the State Children's Health 
Insurance Program.
  At the same time, according to the National Governor's Association, 
State economies are on the whole in the worst shape since World War II. 
States are operating with billions of dollars in the red with State 
constitutional requirements to balance their budgets.
  It is clear what is going on here.
  Instead of providing more resources to help States during these tough 
times, the President is raiding poverty programs for children and using 
that money to help pay for tax benefits for those who are at the very 
top of the income scale. This reckless policy only worsens the budget 
shortfalls facing so many States.
  Children are one-quarter of our population. But, they are 100 percent 
of our future. It makes no sense to shortchange our investment in 
children.
  America's children today are living under some staggering challenges. 
Nearly 12 million children live in poverty; over 9 million children 
have no health coverage; about 7 million children go home alone each 
week after school; and, nearly 1 million children are abused and 
neglected.
  We can do better for our children. We should do better for children. 
We don't need another tax break for America's wealthiest citizens. What 
we need is a sound investment in our Nation's children.
  The legislation we are introducing today is called, ``An Act to Leave 
No Child Behind.'' We are committed to this one principle beyond all 
others. Not just a slogan, but as a means to define an urgent national 
priority.
  We need to make sure that we not only talk about leaving no child 
behind, but that we actually take steps to do so. Introducing this bill 
is the first such step.
  Every word on every page is focused on the same purpose--lifting our 
children up, giving each child an opportunity, helping each child to 
have a safe and rewarding life.
  Under the Act to Leave No Child Behind, every child in America would 
have health coverage. No child in America would go to bed at night 
aching from hunger. We would use our tax code to lift millions of 
children out of poverty--not provide more hand-outs for the most 
wealthy in this country.
  It's time to ensure that every American child has an opportunity to 
attend Head Start, Pre-K, or quality child care to begin a lifetime of 
learning. It's time to ensure that every American child can read by 4th 
grade, and read at grade level. And, it's time to take dramatic new 
steps to address the needs of children who are abused and neglected 
every year.
  Budget experts predict that the President's tax plan will give 
millionaires an average tax break of $88,800 each. For that same amount 
of money, we could fully fund Head Start and provide health insurance 
to every one of the 9 million uninsured children.
  We have the resources. If we can afford to give $88,800 on average to 
every millionaire, then the question is really about priorities and 
political will--not resources.
  If we join together, we can transform this Nation and give each and 
every child his God-given right to grow and flourish to all he can be, 
to his or her

[[Page 4636]]

fullest potential so that all children can realize their dreams.
  I ask unanimous consent to have a summary of the bill printed in the 
Record.
  There being no objection, the summary was ordered to be printed in 
the Record, as follows:

                    The Act to Leave No Child Behind

       The Act to Leave No Child Behind is a comprehensive bill 
     that will benefit every child in America. The measure 
     represents a vision of what we can do for children if we 
     really want to move beyond talking about leaving no child 
     behind to taking steps to actually leave no child behind. 
     Each of the bill's twelve titles seeks to improve the lives 
     of children so that they can reach their fullest potential.


               Title I: Every Child Needs a Healthy Start

       Over 9 million children throughout America have no health 
     insurance today. Under the Act to Leave No Child Behind, all 
     uninsured children would receive health care coverage.


     Title II: Parenting--Supporting Children's Healthy Development

       Too many parents throughout America struggle to balance 
     work, family, and the needs of their children. Under the Act 
     to Leave No Child Behind, the Family and Medical Leave Act 
     would be expanded to cover more employees, create pilot 
     demonstrations to offer paid leave, and allocate grants to 
     states to provide parenting support and education.


             Title III: Child Care, Head Start, & Education

       Research on brain development during the first three years 
     of life makes clear the need for quality early childhood 
     development. Yet, only one out of every seven eligible 
     children receives child care assistance and the quality of 
     child care that children receive needs to be vastly improved. 
     Head Start reaches only 60 percent of eligible 3 and 4 year 
     olds and only 3 percent of infants and toddlers. Full funding 
     for child care and 3 & 4 year-olds in Head Start would ensure 
     that all children eligible for assistance can receive it.
       Title IV: Tax Relief for Low-Wage Working Families; Title 
     V: Moving Out of Poverty
       Tax relief under current law is limited for low income 
     families. The Act to Leave No Child Behind will increase the 
     child tax credit, expand the Earned Income Tax Credit and the 
     Dependent Tax Credit, and reduce the marriage penalty for low 
     income families. Nearly 12 million children live in poverty 
     in America today; about 78 percent of them live in working 
     families. The Act to Leave No Child Behind includes supports 
     for hard working parents to remain employed and to help lift 
     themselves and their children out of poverty.


 Title VI: Getting Enough to Eat; Title VII: Affording a Place to Live

       The Department of Agriculture estimates that nearly 13 
     million children live in families not getting enough to eat, 
     including nearly 3 million children who regularly go hungry. 
     The Act to Leave No Child Behind will expand food assistance 
     to low income families with children. The fastest growing 
     group among those with ``worst case housing needs'' includes 
     families with children. The Act to Leave No Child Behind will 
     increase the means for states to ensure that families with 
     children have a decent, affordable place to live.


               Title VIII: Every Child Needs a Safe Start

       Every day, nearly 8,000 children are reported to public 
     child protection agencies as suspected victims of child 
     abuse. In too many states, the child protection system is 
     stretched to its breaking point. The Act to Leave No Child 
     Behind will help to ensure that more children are in safe, 
     nurturing, and permanent families.


Title IX: Successful Transitions to Adulthood--Youth Development; Title 
                          X: Juvenile Justice

       Nearly 7 million children go home alone unsupervised each 
     week after school. The Act to Leave No Child Behind will 
     provide increased funding for after-school and youth 
     development programs. While juvenile crime rates have been 
     declining since 1994, still too many children come into 
     contact with the law. The Act to Leave No Child Behind will 
     provide funding for delinquency prevention programs and will 
     enable more at-risk youth to become productive, law-abiding 
     adults.


                          Title XI: Gun Safety

       The most recent annual data shows that over 3,300 children 
     and teens in America were killed by gunfire, including about 
     one-third who committed suicide. The Act to Leave No Child 
     Behind will close existing loopholes in our nation's gun law 
     and promote child safety.


    Title XII: Every Child Needs the Support of the Entire Community

       The Act to Leave No Child Behind will establish a blue-
     ribbon commission to identify family-friendly practices that 
     the private sector can replicate and promote.
                                 ______
                                 
      By Mrs. HUTCHISON:
  S. 449. A bill to authorize the President to agree to certain 
amendments to the Agreement Between the Government of the United States 
of America and the Government of the United Mexican States Concerning 
the Establishment of a Border Environment Cooperation Commission and a 
North American Development Bank; to the Committee on Foreign Relations.
  Mrs. HUTCHISON. 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. 449

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

     SECTION 1. AUTHORIZATION TO CERTAIN AMENDMENTS REGARDING 
                   NORTH AMERICAN DEVELOPMENT BANK.

       (a) In General.--Part 2 of subtitle D of title V of the 
     North American Free Trade Agreement Implementation Act (22 
     U.S.C. 290m et seq.) is amended by inserting after section 
     543 the following new section:

     ``SEC. 543A. AUTHORIZATION TO AMEND COOPERATION AGREEMENT.

       ``The President is authorized to instruct the United States 
     representative to the Bank to vote for or otherwise agree to 
     amendments to the Cooperation Agreement that would--
       ``(1) authorize the Bank, with the approval of its Board of 
     Directors, to make grants and non-market rate loans out of 
     its paid-in capital, if the grants are structured only as co-
     financing to pay a portion of the recipient's debt service on 
     debt financing for the project for which the grant is made; 
     and
       ``(2) amend the definition of `border region' to include 
     the area in the United States that is within 100 kilometers 
     of the international boundary between the United States and 
     Mexico, and the area in Mexico that is within 300 kilometers 
     of the international boundary between the United States and 
     Mexico.''.
       (b) Conforming Amendment.--The table of contents for the 
     North American Free Trade Agreement Implementation Act is 
     amended by inserting after the item relating to section 543, 
     the following new item:

``Sec. 543A. Authorization to amend Cooperation Agreement.''.
                                 ______
                                 
      By Mr. DURBIN (for himself, Mr. Fitzgerald, and Mrs. Clinton):
  S. 450. A bill to amend the Public Health Service Act to provide for 
research on, and services for individuals with, postpartum depression 
and psychosis; to the Committee on Health, Education, Labor, and 
Pensions.
  Mr. DURBIN. Mr. President, I rise today to introduce the Melanie 
Stokes Postpartum Depression Research and Care Act along with Senator 
Fitzgerald and Senator Clinton.
  My legislation is named after a Chicago native who struggled 
unsuccessfully against postpartum psychosis following the birth of her 
daughter. While fighting this debilitating mental condition Ms. Stokes 
has been in and out of hospitals several times, stopped eating and 
drinking, and wouldn't swallow pills. Despite medical assistance and 
the support of her family and friends, Mrs. Stokes was ultimately 
unable to overcome her condition, and jumped to her death from a 12-
story window ledge.
  Studies indicate that 50 to 75 percent of all new mothers experience 
the ``baby blues,'' a feeling of moderate emotional distress following 
childbirth. Serious postpartum depression on the other hand, affects 
between 10 and 20 percent of women. In Illinois alone there are at 
least 180,000 births a year. Even using the conservative estimate that 
10 percent of mothers will suffer from postpartum depression, this 
suggests that over 18,000 women, in the State of Illinois alone will 
experience the devastating symptoms of this disorder each year. Women 
suffering from serious postpartum depression may worry excessively or 
find themselves exhausted. They may experience sadness, feelings of 
guilt, apathy, phobias, or sleep problems sometimes for as long as 3 to 
14 months. Understanding this disorder more fully and developing new 
treatments should be a top priority.
  The most severe form of mental illness that can affect women 
following childbirth is postpartum psychosis. Although this condition 
is more difficult to recognize since it occurs less frequently than 
postpartum depression, the consequences of allowing postpartum 
psychosis to go untreated are serious. Postpartum psychosis is 
characterized by hallucinations, hearing voices, paranoia, severe 
insomnia,

[[Page 4637]]

extreme anxiety and depression and women suffering from the disorder 
are at increased risk for suicide or harming others.
  Even though many new mothers will experience some form of postpartum 
depression or the ``baby blues,'' few research studies are carefully 
examining the causes of this mental condition at present. In addition, 
there is currently no standard treatment for women suffering from 
postpartum depression. The Melanie Stokes Postpartum Depression 
Research and Care Act would develop a coordinated approach for 
understanding and treating this devastating illness.
  Specifically, my legislation authorizes the Secretary of Health and 
Human Services to organize a series of national meetings that focus on 
developing a consensus research and treatment plan for postpartum 
depression and psychosis. The Melanie Stokes Postpartum Depression 
Research and Care Act also encourages the Secretary to implement the 
consensus research and treatment plan generated via the national meting 
series in a timely fashion. Finally, the bill makes grant funding 
available through the Substance Abuse and Mental Health Services 
Administration to aid in the delivery of treatment services for 
postpartum depression to women and their families.
  I am pleased that Senator Fitzgerald and Senator Clinton have joined 
me in introducing this important legislation. Congressman Rush has 
taken the lead in the House of Representatives. I am anxious to work in 
a bipartisan, bicameral fashion to coordinate our approach toward 
understanding postpartum depression by passing this legislation in 
remembrance of Melanie Stokes and all the women who have suffered from 
postpartum depression and psychosis.
                                 ______
                                 
      By Ms. SNOWE:
  S. 451. A bill to amend title 10, United States Code, to increase the 
minimum Survivor Benefit Plan basic annuity for surviving spouses age 
62 and older, to provide for a one-year open season under that plan, 
and for other purposes; to the Committee on Armed Services.
  Ms. SNOWE. Mr. President, I rise today to introduce legislation that 
will correct an injustice being visited upon the survivors of our 
servicemembers killed in action and military retirees under the current 
military Survivor's Benefit Plan, or SBP.
  As the program currently operates, the widows or widowers of those 
who have ``borne the battle'' receive an annuity equal to 55 percent of 
the servicemember's retirement pay. That is, until they turn 62. At 
that time, under current law, a surviving spouse's SBP benefits must be 
reduced either by a Social Security offset, or a reduction in payments 
to 35 percent of retired pay--a drop of almost 40 percent--simply 
because they have reached the age of 62.
  For example, let's take the widow of a Navy chief petty officer or E-
7 who had served 20 years before retiring. Before she reaches 62, this 
widow will receive $771 per month, but on her 62nd birthday, that 
benefit drops to only $491 per month--a loss of $3,360 per year.
  For a retired O-5, say a Marine Corps lieutenant colonel, the widow's 
benefit would drop by $6,960 a year as soon as she turns 62. Some 
birthday gift.
  But the inequities don't stop there. For example, the military 
Survivor Benefit Plan does not measure up to the Federal Survivor 
Benefit Plan in terms of benefits paid to survivors. Survivors of 
Federal civilian retirees under the original Civil Service Retirement 
System receive 55 percent of their spouse's retired pay for life--with 
no drop in benefits at age 62. Under the newer Federal Employee 
Retirement System, survivors still receive 50 percent of retired pay 
for life, again with no drop at age 62.
  Yet another reason that we should adopt this legislation is that 
members of the military pay more than their share of Survivor Benefit 
Plan program costs, as compared to their Federal civilian counterparts.
  Originally, the Congress intended the government to subsidize 40 
percent of the cost of military Survivor Benefit Plan premiums--similar 
to the government's contribution to the Federal civilian plan. Over the 
last several decades, however, there has been a significant decline in 
the government's cost share, and Department of Defense actuaries advise 
that the government subsidy is now down to less than 17 percent. This 
means that military retirees are now paying more than 83 percent of 
program costs from their retired pay versus the intended 60 percent.
  Contrast this to the Federal civilian SBP, which has a 52 percent 
cost share for those under the Civil Service Retirement System and a 67 
percent cost share for those employees, including many of our own 
staff, under the Federal Employees Retirement System. While it is true 
that there are differences between the civilian and military premium 
costs, with Federal civilians paying more, it is also true that 
military retirees generally retire earlier than their Federal civilian 
counterparts, and as a result, pay premiums for many more years.
  This legislation is intended to raise, over a five year period, the 
percentage of the retirement annuity received by the survivor from 35 
percent to 55 percent after age 62. The first year, 2004, will be an 
open season to allow new enrollees to sign up for the program in order 
to reduce retired pay outlays by increasing deductions of SBP premiums 
from retired pay, thus offsetting part of the cost of the survivor 
benefit increase.
  Beginning on Oct. 1, 2004, the second year, the age-62 SBP annuity 
would increase to 40 percent of retired pay, followed by an additional 
increase to 45 percent in 2005, 50 percent in 2006 and 55 percent in 
2007 after which all survivors would receive the 55 percent of the 
annuity.
  Once again, I ask my colleagues to support our Nation's military 
widows and widowers. In the National Defense Authorization Act of 2001, 
we included a Sense of the Congress on increasing the military SBP 
annuity. This year, we have a chance to carry out this intent by 
enacting this important measure, and I ask my colleagues to join with 
me in support of this legislation.
                                 ______
                                 
      By Mr. REID (for himself and Mr. Ensign):
  S. 452. A bill to require that the Secretary of the Interior conduct 
a study to identify sites and resources, to recommend alternatives for 
commemorating and interpreting the Cold War, and for other purposes; to 
the Committee on Energy and Natural Resources.
  Mr. REID. Mr. President, the Cold War was the longest war in United 
States history. Lasting 50 years, the Cold War cost thousands of lives, 
trillions of dollars, changed the course of history, and left America 
the only superpower in the world. Because of the nuclear capabilities 
of our enemy it was the most dangerous conflict our country ever faced. 
The threat of mass destruction left a permanent mark on American life 
and politics. Those that won this war did so in obscurity. Those that 
gave their lives in the Cold War have never been properly honored.
  Today I introduce with Senator Ensign a bill that requires the 
Department of the Interior to conduct a study to identify sites and 
resources to commemorate heroes of the Cold War and to interpret the 
Cold War for future generations.
  Our legislation directs the Secretary of the Interior to establish a 
``Cold War Advisory Committee'' to oversee the inventory of Cold War 
sites and resources for potential inclusion in the National Park 
System, as national historic landmarks, or other appropriate 
designations.
  The Advisory Committee will work closely with State and local 
governments and local historical organizations. The committee's 
starting point will be a Cold War study completed by the Secretary of 
Defense under the 1991 Defense Appropriations Act Obvious Cold War 
sites of significance include: Intercontinental Ballistic Missiles, 
flight training centers, communications and command centers, such as 
Cheyenne Mountain, Colorado, nuclear weapons test sites, such as the 
Nevada test site, and strategic and tactical resources.

[[Page 4638]]

  Perhaps no other state in the Union has played a more significant 
role than Nevada in winning the Cold War. The Nevada Test Site is a 
high-technology engineering marvel where the United States developed, 
tested, and perfected a nuclear deterrent which is the cornerstone of 
America's security and leadership among nations. The Naval Air Station 
at Fallon is the Navy's premiere tactical air warfare training 
facility. The Air Warfare Center at Nellis Air Force Base has the 
largest training range in the United States to ensure that America's 
pilots will prevail in any armed conflict.
  The Advisory Committee established under this legislation will 
develop an interpretive handbook on the Cold War to tell the story of 
the Cold War and its heroes.
  I would like to take a moment to relate a story of one group of Cold 
War heroes. On a snowy evening in November 17, 1955, a United States 
Air Force C-54 crashed near the summit of Mount Charleston in central 
Nevada. The doomed flight was carrying 15 scientific and technical 
personnel to secret Area 51 where the U-2 reconnaissance plane, of 
Francis Powers fame, was being developed under tight security. The men 
aboard the ill-fated C-54 helped build the plane which critics said 
could never be built. The critics were wrong--the U-2 is a vital part 
of our reconnaissance force to this day.
  The secrecy of the mission was so great that the families of the men 
who perished on Mount Charleston only recently learned about the true 
circumstances of the crash that took the lives of their loved ones. My 
legislation will provide $300,000 to identify historic landmarks like 
the crash at Mount Charleston.
  I'd like to thank Mr. Steve Ririe of Las Vegas who brought to light 
the events surrounding the death of the fourteen men who perished on 
Mount Charleston nearly a half century ago, and for the efforts of 
State Senator Rawson who shepherded a resolution through the Nevada 
legislature to commemorate these heroes.
  A grateful Nation owes its gratitude to the ``Silent Heroes of the 
Cold War.'' We urge our colleagues to support this long overdue tribute 
to the contribution and sacrifice of those Cold War heroes for the 
cause of freedom.
                                 ______
                                 
      By Mrs. HUTCHISON (for herself, Mr. Bingaman, Mr. Cochran, and 
        Mrs. Feinstein):
  S. 453. A bill to authorize the Health Resources and Services 
Administration and the National Cancer Institute to make grants for 
model programs to provide to individuals of health disparity 
populations prevention, early detection, treatment, and appropriate 
follow-up care services for cancer and chronic diseases, and to make 
grants regarding patient navigators to assist individuals of health 
disparity populations in receiving such services; to the Committee on 
Health, Education, Labor, and Pensions.
  Mrs. HUTCHISON. Mr. President, I am pleased to introduce legislation 
today that will reduce barriers to health care for millions of patients 
across the country, particularly those from medically underserved and 
minority communities. The Patient Navigator, Outreach, and Chronic 
Disease Prevention Act will create programs which direct individuals to 
affordable and accessible prevention, detection and treatment services 
for cancer and other chronic diseases. The bill will also establish 
patient navigator programs to assist patients make their way through 
the often complex health care system.
  This year alone, more than 80,000 Texans will be diagnosed with 
cancer and nearly 35,000 Texans will die of the disease. Cancer is the 
most expensive illness in the United States. It cost Texas $13.9 
billion in one year due to medical costs and loss of productivity in 
1998.
  Despite the tremendous progress that has been made in cancer and 
chronic disease prevention, detection, and treatment, not all Americans 
are benefitting. Cancer survival rates of those living in poverty are 
ten to fifteen percent lower than other Americans, and African American 
men have the lowest rate of cancer survival. Cancer and chronic disease 
continue to disproportionately impact minorities and medically 
underserved communities. The consequences of inadequate access to these 
services mean that diseases like cancer are often diagnosed at later 
stages when the illness is more advanced and options for treatment are 
decreased.
  In my home State of Texas, ensuring access to health care is a 
profound challenge, particularly along the Texas-Mexico border. The 
problem is in part due to lack of insurance coverage, as forty-nine 
percent of the Texas Hispanic population does not have health 
insurance, but it is also attributable to an uneven distribution of 
health professionals and hospitals, inadequate transportation, and a 
shortage of bilingual health information and providers.
  The legislation I am introducing today will eliminate barriers by 
cutting through red tape and increasing access to affordable prevention 
and care for people from all walks of life.
  The bill accomplishes its goals by reaching patients in the 
communities in which they live--through community health centers, rural 
health clinics, community hospitals, cancer centers, tribal and urban 
Indian organizations, among others, and by ensuring that there is a 
doctor or nurse, who, while speaking in a language people can 
understand, will provide patients with prevention screenings and 
follow-up treatment.
  Patients will be provided with a trained patient navigator from their 
own community, who can help with scheduling and keeping appointments 
and referrals for prevention and treatment. They can also ensure 
doctor's instructions are followed and funds to pay for treatment or 
arranging transportation to a specialist are obtained. They may also 
provide a service as simple as helping out with the paperwork.
  This legislation is modeled after successful programs such as the 
Harlem Navigator Program at Harlem Hospital in New York City operated 
by Dr. Harold Freeman, and the local Washington, D.C. Hospital Cancer 
Pre-
ventorium directed by Dr. Elmer Huerta. Through implementation of the 
Harlem patient navigator program, diagnosis of breast cancer at an 
early stage has improved. In 1989, only 1 out of 20 breast cancer 
diagnoses were made at an early stage. Now, through the navigator 
program, 4 out of every 10 diagnoses are identified early. Furthermore, 
the program has reduced the time between diagnosis and treatment to ten 
days.
  I look forward to working with my colleagues to pass the critically 
important Patient Navigator, Outreach and Chronic Disease Prevention 
Act.
  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. 453

       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 ``Patient Navigator, Outreach, 
     and Chronic Disease Prevention Act of 2003''.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) Despite notable progress in the overall health of the 
     Nation, there are continuing disparities in the burden of 
     illness and death experienced by African Americans, Latinos 
     and Hispanics, Native Americans, Alaska Natives, Asian and 
     Pacific Islanders and the poor, compared to the United States 
     population as a whole.
       (2) Many racial and ethnic minority groups suffer 
     disproportionately from cancer. Mortality and morbidity rates 
     remain the most important measures of the overall progress 
     against cancer. Decreasing rates of death from cancer reflect 
     improvements in both prevention and treatment. Among all 
     ethnic groups in the United States, African American males 
     have the highest overall rate of mortality from cancer. Some 
     specific forms of cancer affect other ethnic minority 
     communities at rates up to several times higher than the 
     national averages (such as stomach and liver cancers among 
     Asian American populations, colon and rectal cancer among 
     Alaska natives, and cervical cancer among Hispanic and 
     Vietnamese-American women).
       (3) Regions characterized by high rates of poverty also 
     have high mortality for some forms of cancer. For example, in 
     Appalachian Kentucky the incidence of lung cancer among white 
     males was 127 per 100,000 in

[[Page 4639]]

     1992, a rate higher than that for any ethnic minority group 
     in the United States during the same period.
       (4) Major disparities for other chronic diseases exist 
     among population groups, with a disproportionate burden of 
     death and disability from cardiovascular disease in racial 
     and ethnic minority and low-income populations. Compared with 
     rates for the general population, coronary heart disease 
     mortality was 40 percent lower for Asian Americans but 40 
     percent higher for African-Americans.
       (5) Minority populations are disproportionately impacted by 
     diabetes and other chronic diseases. Hispanics are twice as 
     likely to have diabetes as non-Hispanic whites; diabetes is 
     the fourth leading cause of death among Hispanic women and 
     elderly. African Americans are 1.7 times as likely to have 
     diabetes as the general population. More than 15% of the 
     combined populations of Native Americans and Alaska Natives 
     have diabetes.
       (6) Culturally competent approaches to chronic disease care 
     are needed to encourage increased participation of racial and 
     ethnic minorities and the medically underserved in chronic 
     disease prevention, early detection and treatment programs.

     SEC. 3. HRSA GRANTS FOR MODEL COMMUNITY CANCER AND CHRONIC 
                   DISEASE CARE AND PREVENTION; HRSA GRANTS FOR 
                   PATIENT NAVIGATORS.

       Subpart I of part D of title III of the Public Health 
     Service Act (42 U.S.C. 254b et seq.) is amended by adding at 
     the end the following:

     ``SEC. 330L. MODEL COMMUNITY CANCER AND CHRONIC DISEASE CARE 
                   AND PREVENTION; PATIENT NAVIGATORS.

       ``(a) Model Community Cancer and Chronic Disease Care and 
     Prevention.--
       ``(1) In general.--The Secretary, acting through the 
     Administrator of the Health Resources and Services 
     Administration, may make grants to public and nonprofit 
     private health centers (including health centers under 
     section 330, Indian Health Service Centers, tribal 
     governments, urban Indian organizations, clinics serving 
     Asian Americans and Pacific Islanders and Alaskan Natives, 
     rural health clinics, and qualified nonprofit entities that 
     enter into partnerships with public and nonprofit private 
     health centers to provide navigation services, which 
     demonstrate the ability to perform all the functions 
     described in this subsection and subsections (b), and (c)) 
     for the development and operation of model programs that--
       ``(A) provide to individuals of health disparity 
     populations prevention, early detection, treatment, and 
     appropriate follow-up care services for cancer and chronic 
     diseases;
       ``(B) ensure that the health services are provided to such 
     individuals in a culturally competent manner;
       ``(C) assign patient navigators, in accordance with 
     applicable criteria of the Secretary, for managing the care 
     of individuals of health disparity populations to--
       ``(i) accomplish, to the extent possible, the follow-up and 
     diagnosis of an abnormal finding and the treatment and 
     appropriate follow-up care of cancer or other chronic 
     disease; and
       ``(ii) facilitate access to appropriate health care 
     services within the health care system to ensure optimal 
     patient utilization of such services, including aid in 
     coordinating and scheduling appointments and referrals, 
     community outreach, assistance with transportation 
     arrangements, and assistance with insurance issuers and other 
     barriers to care;
       ``(D) require training for patient navigators employed 
     through model programs under this paragraph to ensure the 
     ability of such navigators to perform all of the duties 
     required under this subsection and in subsection (b), 
     including training to ensure that such navigators are 
     informed about health insurance systems and are able to aid 
     patients in resolving access issues; and
       ``(E) ensure that consumers have direct access to patient 
     navigators during regularly scheduled hours of business 
     operation.
       ``(2) Outreach services.--A condition for the receipt of a 
     grant under paragraph (1) is that the applicant involved 
     agree to provide ongoing outreach activities while receiving 
     the grant, in a manner that is culturally competent for the 
     health disparity population served by the program, to inform 
     the public, and the specific community that the program is 
     serving, of the services of the model program under the 
     grant. Such activities shall include facilitating access to 
     appropriate health care services and patient navigators 
     within the health care system to ensure optimal patient 
     utilization of these services.
       ``(3) Data collection and report.--
       ``(A) In general.--To provide for effective program 
     evaluation, a grant recipient under this subsection shall 
     collect specific patient data with respect to services 
     provided to each patient served through the program and shall 
     establish and implement procedures and protocols, consistent 
     with applicable Federal and State laws (including sections 
     160 and 164 of title 45, Code of Federal Regulations) to 
     ensure the confidentiality of all information shared by a 
     patient in the program (or their personal representative) and 
     their health care providers, group health plans, or health 
     insurance insurers.
       ``(B) Use of data.--A grant recipient under this subsection 
     may, consistent with applicable Federal and State 
     confidentiality laws, collect, use, or disclose aggregate 
     information that is not individually identifiable (as such 
     term is defined for purposes of sections 160 and 164 of title 
     45 Code of Federal Regulations).
       ``(C) Report.--Using data collected under this paragraph, a 
     grantee shall prepare and submit to the Secretary an annual 
     report that summarizes and analyzes such data and provides 
     information on the need for navigation services, the types of 
     access difficulties resolved, the sources of repeated 
     resolutions, and the flaws in the system of access, including 
     insurance barriers.
       ``(4) Application for grant.--A grant may be made under 
     paragraph (1) only if an application for the grant is 
     submitted to the Secretary and the application is in such 
     form, is made in such manner, and contains such agreements, 
     assurances, and information as the Secretary determines to be 
     necessary to carry out this section.
       ``(5) Evaluations.--
       ``(A) In general.--The Secretary, acting through the 
     Administrator of the Health Resources and Services 
     Administration, shall, directly or through grants or 
     contracts, provide for evaluations to determine which 
     outreach activities under paragraph (2) were most effective 
     in informing the public, and the specific community that the 
     program is serving, of the model program services and to 
     determine the extent to which such programs were effective in 
     providing culturally competent services to the health 
     disparity population served by the programs.
       ``(B) Dissemination of findings.--The Secretary shall as 
     appropriate disseminate to public and private entities the 
     findings made in evaluations under subparagraph (A).
       ``(6) Coordination with other programs.--The Secretary 
     shall coordinate the program under this subsection with the 
     program under subsection (b), with the program under section 
     417D, and to the extent practicable, with programs for 
     prevention centers that are carried out by the Director of 
     the Centers for Disease Control and Prevention.
       ``(b) Program for Patient Navigators.--
       ``(1) In general.--The Secretary, acting through the 
     Administrator of the Health Resources and Services 
     Administration, may make grants to public and nonprofit 
     private health centers (including health centers under 
     section 330, Indian Health Service Centers, tribal 
     governments, urban Indian organizations, clinics serving 
     Asian Americans and Pacific Islanders and Alaskan Natives, 
     rural health clinics, and qualified nonprofit entities that 
     enter into partnerships with public and nonprofit private 
     health centers to provide navigation services, which 
     demonstrate the ability to perform all the functions 
     described in subsections (a), (b), and (c)) for the 
     development and operation of programs to pay the costs of 
     such health centers in--
       ``(A) assigning patient navigators, in accordance with 
     applicable criteria of the Secretary, for managing the care 
     of individuals of health disparity populations for the 
     duration of receiving health services from the health 
     centers, including aid in coordinating and scheduling 
     appointments and referrals, community outreach, assistance 
     with transportation arrangements, and assistance with 
     insurance issuers and other barriers to care;
       ``(B) ensuring that the services provided by the patient 
     navigators to such individuals include case management and 
     psychosocial assessment and care or information and referral 
     to such services;
       ``(C) ensuring that the patient navigators with direct 
     knowledge of the communities they serve provide services to 
     such individuals in a culturally competent manner;
       ``(D) developing model practices for patient navigators, 
     including with respect to--
       ``(i) coordination of health services, including 
     psychosocial assessment and care;
       ``(ii) appropriate follow-up care, including psychosocial 
     assessment and care;
       ``(iii) determining coverage under health insurance and 
     health plans for all services;
       ``(iv) ensuring the initiation, continuation, or sustained 
     access to care prescribed by the patients' health care 
     providers; and
       ``(v) aiding patients with health insurance coverage 
     issues;
       ``(E) requiring training for patient navigators to ensure 
     the ability of such navigators to perform all of the duties 
     required under this subsection and in subsection (a), 
     including training to ensure that such navigators are 
     informed about health insurance systems and are able to aid 
     patients in resolving access issues; and
       ``(F) ensuring that consumers have direct access to patient 
     navigators during regularly scheduled hours of business 
     operation.
       ``(2) Outreach services.--A condition for the receipt of a 
     grant under paragraph (1) is that the applicant involved 
     agree to provide ongoing outreach activities while receiving 
     the grant, in a manner that is culturally competent for the 
     health disparity population served by the program, to inform 
     the public, and the specific community that the patient 
     navigator is serving, of the services of the model program 
     under the grant.
       ``(3) Data collection and report.--
       ``(A) In general.--To provide for effective patient 
     navigator program evaluation, a grant recipient under this 
     subsection shall collect specific patient data with respect 
     to navigation services provided to each patient

[[Page 4640]]

     served through the program and shall establish and implement 
     procedures and protocols, consistent with applicable Federal 
     and State laws (including sections 160 and 164 of title 45, 
     Code of Federal Regulations) to ensure the confidentiality of 
     all information shared by a patient in the program (or their 
     personal representative) and their health care providers, 
     group health plans, or health insurance insurers.
       ``(B) Use of data.--A grant recipient under this subsection 
     may, consistent with applicable Federal and State 
     confidentiality laws, collect, use, or disclose aggregate 
     information that is not individually identifiable (as such 
     term is defined for purposes of sections 160 and 164 of title 
     45 Code of Federal Regulations).
       ``(C) Report.--Using data collected under this paragraph, a 
     grantee shall prepare and submit to the Secretary an annual 
     report that summarizes and analyzes such data and provides 
     information on the need for navigation services, the types of 
     access difficulties resolved, the sources of repeated 
     resolutions, and the flaws in the system of access, including 
     insurance barriers.
       ``(4) Application for grant.--A grant may be made under 
     paragraph (1) only if an application for the grant is 
     submitted to the Secretary and the application is in such 
     form, is made in such manner, and contains such agreements, 
     assurances, and information as the Secretary determines to be 
     necessary to carry out this section.
       ``(5) Evaluations.--
       ``(A) In general.--The Secretary, acting through the 
     Administrator of the Health Resources and Services 
     Administration, shall, directly or through grants or 
     contracts, provide for evaluations to determine the effects 
     of the services of patient navigators on the individuals of 
     health disparity populations for whom the services were 
     provided, taking into account the matters referred to in 
     paragraph (1)(C).
       ``(B) Dissemination of findings.--The Secretary shall as 
     appropriate disseminate to public and private entities the 
     findings made in evaluations under subparagraph (A).
       ``(6) Coordination with other programs.--The Secretary 
     shall coordinate the program under this subsection with the 
     program under subsection (a) and with the program under 
     section 417D.
       ``(c) Requirements Regarding Fees.--
       ``(1) In general.--A condition for the receipt of a grant 
     under subsection (a)(1) or (b)(1) is that the program for 
     which the grant is made have in effect--
       ``(A) a schedule of fees or payments for the provision of 
     its health care services related to the prevention and 
     treatment of disease that is consistent with locally 
     prevailing rates or charges and is designed to cover its 
     reasonable costs of operation; and
       ``(B) a corresponding schedule of discounts to be applied 
     to the payment of such fees or payments, which discounts are 
     adjusted on the basis of the ability of the patient to pay.
       ``(2) Rule of construction.--Nothing in this section shall 
     be construed to require payment for navigation services or to 
     require payment for health care services in cases where the 
     care is provided free of charge, including the case of 
     services provided through programs of the Indian Health 
     Service.
       ``(d) Model.--Not later than three years after the date of 
     the enactment of this section, the Secretary shall develop a 
     peer-reviewed model of systems for the services provided by 
     this section. The Secretary shall update such model as may be 
     necessary to ensure that the best practices are being 
     utilized.
       ``(e) Duration of Grant.--The period during which payments 
     are made to an entity from a grant under subsection (a)(1) or 
     (b)(1) may not exceed five years. The provision of such 
     payments are subject to annual approval by the Secretary of 
     the payments and subject to the availability of 
     appropriations for the fiscal year involved to make the 
     payments. This subsection may not be construed as 
     establishing a limitation on the number of grants under such 
     subsection that may be made to an entity.
       ``(f) Definitions.--For purposes of this section:
       ``(1) The term `culturally competent', with respect to 
     providing health-related services, means services that, in 
     accordance with standards and measures of the Secretary, are 
     designed to effectively and efficiently respond to the 
     cultural and linguistic needs of patients.
       ``(2) The term `appropriate follow-up care' includes 
     palliative and end-of-life care.
       ``(3) The term `health disparity population' means a 
     population where there exists a significant disparity in the 
     overall rate of disease incidence, morbidity, mortality, or 
     survival rates in the population as compared to the health 
     status of the general population. Such term includes--
       ``(A) racial and ethnic minority groups as defined in 
     section 1707; and
       ``(B) medically underserved groups, such as rural and low-
     income individuals and individuals with low levels of 
     literacy.
       ``(4)(A) The term `patient navigator' means an individual 
     whose functions include--
       ``(i) assisting and guiding patients with a symptom or an 
     abnormal finding or diagnosis of cancer or other chronic 
     disease within the health care system to accomplish the 
     follow-up and diagnosis of an abnormal finding as well as the 
     treatment and appropriate follow-up care of cancer or other 
     chronic disease; and
       ``(ii) identifying, anticipating, and helping patients 
     overcome barriers within the health care system to ensure 
     prompt diagnostic and treatment resolution of an abnormal 
     finding of cancer or other chronic disease.
       ``(B) Such term includes representatives of the target 
     health disparity population, such as nurses, social workers, 
     cancer survivors, and patient advocates.
       ``(g) Authorization of Appropriations.--
       ``(1) In general.--
       ``(A) Model programs.--For the purpose of carrying out 
     subsection (a) (other than the purpose described in paragraph 
     (2)(A)), there are authorized to be appropriated such sums as 
     may be necessary for each of the fiscal years 2004 through 
     2008.
       ``(B) Patient navigators.--For the purpose of carrying out 
     subsection (b) (other than the purpose described in paragraph 
     (2)(B)), there are authorized to be appropriated such sums as 
     may be necessary for each of the fiscal years 2004 through 
     2008.
       ``(C) Bureau of primary health care.--Amounts appropriated 
     under subparagraph (A) or (B) shall be administered through 
     the Bureau of Primary Health Care.
       ``(2) Programs in rural areas.--
       ``(A) Model programs.--For the purpose of carrying out 
     subsection (a) by making grants under such subsection for 
     model programs in rural areas, there are authorized to be 
     appropriated such sums as may be necessary for each of the 
     fiscal years 2004 through 2008.
       ``(B) Patient navigators.--For the purpose of carrying out 
     subsection (b) by making grants under such subsection for 
     programs in rural areas, there are authorized to be 
     appropriated such sums as may be necessary for each of the 
     fiscal years 2004 through 2008.
       ``(C) Office of rural health policy.--Amounts appropriated 
     under subparagraph (A) or (B) shall be administered through 
     the Office of Rural Health Policy.
       ``(3) Relation to other authorizations.--Authorizations of 
     appropriations under paragraphs (1) and (2) are in addition 
     to other authorizations of appropriations that are available 
     for the purposes described in such paragraphs.''.

     SEC. 4. NCI GRANTS FOR MODEL COMMUNITY CANCER AND CHRONIC 
                   DISEASE CARE AND PREVENTION; NCI GRANTS FOR 
                   PATIENT NAVIGATORS.

       Subpart 1 of part C of title IV of the Public Health 
     Service Act (42 U.S.C. 285 et seq.) is amended by adding at 
     the end following:

     ``SEC. 417E. MODEL COMMUNITY CANCER AND CHRONIC DISEASE CARE 
                   AND PREVENTION; PATIENT NAVIGATORS.

       ``(a) Model Community Cancer and Chronic Disease Care and 
     Prevention.--
       ``(1) In general.--The Director of the Institute may make 
     grants to eligible entities for the development and operation 
     of model programs that--
       ``(A) provide to individuals of health disparity 
     populations prevention, early detection, treatment, and 
     appropriate follow-up care services for cancer and chronic 
     diseases;
       ``(B) ensure that the health services are provided to such 
     individuals in a culturally competent manner;
       ``(C) assign patient navigators, in accordance with 
     applicable criteria of the Secretary, for managing the care 
     of individuals of health disparity populations to--
       ``(i) accomplish, to the extent possible, the follow-up and 
     diagnosis of an abnormal finding and the treatment and 
     appropriate follow-up care of cancer or other chronic 
     disease; and
       ``(ii) facilitate access to appropriate health care 
     services within the health care system to ensure optimal 
     patient utilization of such services, including aid in 
     coordinating and scheduling appointments and referrals, 
     community outreach, assistance with transportation 
     arrangements, and assistance with insurance issuers and other 
     barriers to care;
       ``(D) require training for patient navigators employed 
     through model programs under this paragraph to ensure the 
     ability of such navigators to perform all of the duties 
     required under this subsection and in subsection (b), 
     including training to ensure that such navigators are 
     informed about health insurance systems and are able to aid 
     patients in resolving access issues; and
       ``(E) ensure that consumers have direct access to patient 
     navigators during regularly scheduled hours of business 
     operation.
       ``(2) Eligible entities.--For purposes of this section, an 
     eligible entity is a designated cancer center of the 
     Institute, an academic institution, an Indian Health Services 
     Clinic, a tribal government, an urban Indian organization, a 
     hospital, a qualified nonprofit entity that enters into a 
     partnership with public and nonprofit private health centers 
     to provide navigation services and which demonstrates the 
     ability to perform all the functions described in subsections 
     (a), (b), and (c), or any other public or private entity 
     determined to be appropriate by the Director of the Institute 
     that provides services described in paragraph (1)(A) for 
     cancer and chronic diseases, a nonprofit organization, or any 
     other public or private entity determined to be appropriate 
     by the Director of

[[Page 4641]]

     the Institute, that provides services described in paragraph 
     (1)(A) for cancer or chronic diseases.
       ``(3) Data collection and report.--
       ``(A) In general.--To provide for effective program 
     evaluation, a grant recipient under this subsection shall 
     collect specific patient data with respect to services 
     provided to each patient served through the program and shall 
     establish and implement procedures and protocols, consistent 
     with applicable Federal and State laws (including sections 
     160 and 164 of title 45, Code of Federal Regulations) to 
     ensure the confidentiality of all information shared by a 
     patient in the program (or their personal representative) and 
     their health care providers, group health plans, or health 
     insurance insurers.
       ``(B) Use of data.--A grant recipient under this subsection 
     may, consistent with applicable Federal and State 
     confidentiality laws, collect, use, or disclose aggregate 
     information that is not individually identifiable (as such 
     term is defined for purposes of sections 160 and 164 of title 
     45 Code of Federal Regulations).
       ``(C) Report.--Using data collected under this paragraph, a 
     grantee shall prepare and submit to the Secretary an annual 
     report that summarizes and analyzes such data and provides 
     information on the need for navigation services, the types of 
     access difficulties resolved, the sources of repeated 
     resolutions, and the flaws in the system of access, including 
     insurance barriers.
       ``(4) Outreach services.--A condition for the receipt of a 
     grant under paragraph (1) is that the applicant involved 
     agree to provide ongoing outreach activities while receiving 
     the grant, in a manner that is culturally competent for the 
     health disparity population served by the program, to inform 
     the public, and the specific community that the program is 
     serving, of the services of the model program under the 
     grant. Such activities shall include facilitating access to 
     appropriate health care services and patient navigators 
     within the health care system to ensure optimal patient 
     utilization of these services.
       ``(5) Application for grant.--A grant may be made under 
     paragraph (1) only if an application for the grant is 
     submitted to the Director of the Institute and the 
     application is in such form, is made in such manner, and 
     contains such agreements, assurances, and information as the 
     Director determines to be necessary to carry out this 
     section.
       ``(6) Evaluations.--
       ``(A) In general.--The Director of the Institute, directly 
     or through grants or contracts, shall provide for evaluations 
     to determine which outreach activities under paragraph (3) 
     were most effective in informing the public, and the specific 
     community that the program is serving, of the model program 
     services and to determine the extent to which such programs 
     were effective in providing culturally competent services to 
     the health disparity population served by the programs.
       ``(B) Dissemination of findings.--The Director of the 
     Institute shall as appropriate disseminate to public and 
     private entities the findings made in evaluations under 
     subparagraph (A).
       ``(7) Coordination with other programs.--The Secretary 
     shall coordinate the program under this subsection with the 
     program under subsection (b), with the program under section 
     330I, and to the extent practicable, with programs for 
     prevention centers that are carried out by the Director of 
     the Centers for Disease Control and Prevention.
       ``(b) Program for Patient Navigators.--
       ``(1) In general.--The Director of the Institute may make 
     grants to eligible entities for the development and operation 
     of programs to pay the costs of such entities in--
       ``(A) assigning patient navigators, in accordance with 
     applicable criteria of the Secretary, for managing the care 
     of individuals of health disparity populations for the 
     duration of receiving health services from the health 
     centers, including aid in coordinating and scheduling 
     appointments and referrals, community outreach, assistance 
     with transportation arrangements, and assistance with 
     insurance issuers and other barriers to care;
       ``(B) ensuring that the services provided by the patient 
     navigators to such individuals include case management and 
     psychosocial assessment and care or information and referral 
     to such services;
       ``(C) ensuring that patient navigators with direct 
     knowledge of the communities they serve provide services to 
     such individuals in a culturally competent manner;
       ``(D) developing model practices for patient navigators, 
     including with respect to--
       ``(i) coordination of health services, including 
     psychosocial assessment and care;
       ``(ii) follow-up services, including psychosocial 
     assessment and care; and
       ``(iii) determining coverage under health insurance and 
     health plans for all services;
       ``(iv) ensuring the initiation, continuation, or sustained 
     access to care prescribed by the patients' health care 
     providers; and
       ``(v) aiding patients with health insurance coverage 
     issues;
       ``(E) requiring training for patient navigators to ensure 
     the ability of such navigators to perform all of the duties 
     required under this subsection and in subsection (a), 
     including training to ensure that such navigators are 
     informed about health insurance systems and are able to aid 
     patients in resolving access issues; and
       ``(F) ensuring that consumers have direct access to patient 
     navigators during regularly scheduled hours of business 
     operation.
       ``(2) Outreach services.--A condition for the receipt of a 
     grant under paragraph (1) is that the applicant involved 
     agree to provide ongoing outreach activities while receiving 
     the grant, in a manner that is culturally competent for the 
     health disparity population served by the program, to inform 
     the public, and the specific community that the patient 
     navigator is serving, of the services of the model program 
     under the grant.
       ``(3) Data collection and report.--
       ``(A) In general.--To provide for effective patient 
     navigator program evaluation, a grant recipient under this 
     subsection shall collect specific patient data with respect 
     to navigation services provided to each patient served 
     through the program and shall establish and implement 
     procedures and protocols, consistent with applicable Federal 
     and State laws (including sections 160 and 164 of title 45, 
     Code of Federal Regulations) to ensure the confidentiality of 
     all information shared by a patient in the program (or their 
     personal representative) and their health care providers, 
     group health plans, or health insurance insurers.
       ``(B) Use of data.--A grant recipient under this subsection 
     may, consistent with applicable Federal and State 
     confidentiality laws, collect, use, or disclose aggregate 
     information that is not individually identifiable (as such 
     term is defined for purposes of sections 160 and 164 of title 
     45 Code of Federal Regulations).
       ``(C) Report.--Using data collected under this paragraph, a 
     grantee shall prepare and submit to the Secretary an annual 
     report that summarizes and analyzes such data and provides 
     information on the need for navigation services, the types of 
     access difficulties resolved, the sources of repeated 
     resolutions, and the flaws in the system of access, including 
     insurance barriers.
       ``(4) Application for grant.--A grant may be made under 
     paragraph (1) only if an application for the grant is 
     submitted to the Director of the Institute and the 
     application is in such form, is made in such manner, and 
     contains such agreements, assurances, and information as the 
     Director determines to be necessary to carry out this 
     section.
       ``(5) Evaluations.--
       ``(A) In general.--The Director of the Institute, directly 
     or through grants or contracts, shall provide for evaluations 
     to determine the effects of the services of patient 
     navigators on the health disparity population for whom the 
     services were provided, taking into account the matters 
     referred to in paragraph (1)(C).
       ``(B) Dissemination of findings.--The Director of the 
     Institute shall as appropriate disseminate to public and 
     private entities the findings made in evaluations under 
     subparagraph (A).
       ``(6) Coordination with other programs.--The Secretary 
     shall coordinate the program under this subsection with the 
     program under subsection (a) and with the program under 
     section 330I.
       ``(c) Requirements Regarding Fees.--
       ``(1) In general.--A condition for the receipt of a grant 
     under subsection (a)(1) or (b)(1) is that the program for 
     which the grant is made have in effect--
       ``(A) a schedule of fees or payments for the provision of 
     its health care services related to the prevention and 
     treatment of disease that is consistent with locally 
     prevailing rates or charges and is designed to cover its 
     reasonable costs of operation; and
       ``(B) a corresponding schedule of discounts to be applied 
     to the payment of such fees or payments, which discounts are 
     adjusted on the basis of the ability of the patient to pay.
       ``(2) Rule of construction.--Nothing in this section shall 
     be construed to require payment for navigation services or to 
     require payment for health care services in cases where the 
     care is provided free of charge, including the case of 
     services provided through programs of the Indian Health 
     Service.
       ``(d) Model.--Not later than three years after the date of 
     the enactment of this section, the Director of the Institute 
     shall develop a peer-reviewed model of systems for the 
     services provided by this section. The Director shall update 
     such model as may be necessary to ensure that the best 
     practices are being utilized.
       ``(e) Duration of Grant.--The period during which payments 
     are made to an entity from a grant under subsection (a)(1) or 
     (b)(1) may not exceed five years. The provision of such 
     payments are subject to annual approval by the Director of 
     the Institute of the payments and subject to the availability 
     of appropriations for the fiscal year involved to make the 
     payments. This subsection may not be construed as 
     establishing a limitation on the number of grants under such 
     subsection that may be made to an entity.
       ``(f) Definitions.--For purposes of this section:
       ``(1) The term `culturally competent', with respect to 
     providing health-related services, means services that, in 
     accordance with standards and measures of the Secretary, are

[[Page 4642]]

     designed to effectively and efficiently respond to the 
     cultural and linguistic needs of patients.
       ``(2) the term `appropriate follow-up care' includes 
     palliative and end-of-life care.
       ``(3) the term `health disparity population' means a 
     population where there exists a significant disparity in the 
     overall rate of disease incidence, morbidity, mortality, or 
     survival rates in the population as compared to the health 
     status of the general population. Such term includes--
       ``(A) racial and ethnic minority groups as defined in 
     section 1707; and
       ``(B) medically underserved groups, such as rural and low-
     income individuals and individuals with low levels of 
     literacy.
       ``(4)(A) the term `patient navigator' means an individual 
     whose functions include--
       ``(i) assisting and guiding patients with a symptom or an 
     abnormal finding or diagnosis of cancer or other chronic 
     disease within the health care system to accomplish the 
     follow-up and diagnosis of an abnormal finding as well as the 
     treatment and appropriate follow-up care of cancer or other 
     chronic disease, including information about clinical trials; 
     and
       ``(ii) identifying, anticipating, and helping patients 
     overcome barriers within the health care system to ensure 
     prompt diagnostic and treatment resolution of an abnormal 
     finding of cancer or other chronic disease.
       ``(B) Such term includes representatives of the target 
     health disparity population, such as nurses, social workers, 
     cancer survivors, and patient advocates.
       ``(g) Authorization of Appropriations.--
       ``(1) Model programs.--For the purpose of carrying out 
     subsection (a), there are authorized to be appropriated such 
     sums as may be necessary for each of the fiscal years 2004 
     through 2008.
       ``(2) Patient navigators.--For the purpose of carrying out 
     subsection (b), there are authorized to be appropriated such 
     sums as may be necessary for each of the fiscal years 2004 
     through 2008.
       ``(3) Relation to other authorizations.--Authorizations of 
     appropriations under paragraphs (1) and (2) are in addition 
     to other authorizations of appropriations that are available 
     for the purposes described in such paragraphs.''.

     SEC. 5. IHS GRANTS FOR MODEL COMMUNITY CANCER AND CHRONIC 
                   DISEASE CARE AND PREVENTION; IHS GRANTS FOR 
                   PATIENT NAVIGATORS.

       Title II of the Indian Health Care Improvement Act (25 
     U.S.C. 162 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 226. MODEL COMMUNITY CANCER AND CHRONIC DISEASE CARE 
                   AND PREVENTION; PATIENT NAVIGATORS.

       ``(a) Model Community Cancer and Chronic Disease Care and 
     Prevention.--
       ``(1) In general.--The Director of the Service may make 
     grants to Indian Health Service Centers, tribal governments, 
     urban Indian organizations, tribal organizations, and 
     qualified nonprofit entities that enter into partnerships 
     with public and nonprofit private health centers serving 
     Native American populations to provide navigation services 
     and that demonstrate the ability to perform all the functions 
     described in this subsection and subsections (b) and (c), for 
     the development and operation of model programs that--
       ``(A) provide to individuals of health disparity 
     populations prevention, early detection, treatment, and 
     appropriate follow-up care services for cancer and chronic 
     diseases;
       ``(B) ensure that the health services are provided to such 
     individuals in a culturally competent manner;
       ``(C) assign patient navigators, in accordance with 
     applicable criteria of the Secretary, for managing the care 
     of individuals of health disparity populations to--
       ``(i) accomplish, to the extent possible, the follow-up and 
     diagnosis of an abnormal finding and the treatment and 
     appropriate follow-up care of cancer or other chronic 
     disease; and
       ``(ii) facilitate access to appropriate health care 
     services within the health care system to ensure optimal 
     patient utilization of such services, including aid in 
     coordinating and scheduling appointments and referrals, 
     community outreach, assistance with transportation 
     arrangements, and assistance with insurance issuers and other 
     barriers to care;
       ``(D) require training for patient navigators employed 
     through model programs under this paragraph to ensure the 
     ability of such navigators to perform all of the duties 
     required under this subsection and in subsection (b), 
     including training to ensure that such navigators are 
     informed about health insurance systems and are able to aid 
     patients in resolving access issues; and
       ``(E) ensure that consumers have direct access to patient 
     navigators during regularly scheduled hours of business 
     operation.
       ``(2) Outreach services.--A condition for the receipt of a 
     grant under paragraph (1) is that the applicant involved 
     agree to provide ongoing outreach activities while receiving 
     the grant, in a manner that is culturally competent for the 
     health disparity population served by the program, to inform 
     the public, and the specific community that the program is 
     serving, of the services of the model program under the 
     grant. Such activities shall include facilitating access to 
     appropriate health care services and patient navigators 
     within the health care system to ensure optimal patient 
     utilization of these services.
       ``(3) Data collection and report.--
       ``(A) In general.--To provide for effective program 
     evaluation, a grant recipient under this subsection shall 
     collect specific patient data with respect to services 
     provided to each patient served through the program and shall 
     establish and implement procedures and protocols, consistent 
     with applicable Federal and State laws (including sections 
     160 and 164 of title 45, Code of Federal Regulations) to 
     ensure the confidentiality of all information shared by a 
     patient in the program (or their personal representative) and 
     their health care providers, group health plans, or health 
     insurance insurers.
       ``(B) Use of data.--A grant recipient under this subsection 
     may, consistent with applicable Federal and State 
     confidentiality laws, collect, use, or disclose aggregate 
     information that is not individually identifiable (as such 
     term is defined for purposes of sections 160 and 164 of title 
     45 Code of Federal Regulations).
       ``(C) Report.--Using data collected under this paragraph, a 
     grantee shall prepare and submit to the Secretary an annual 
     report that summarizes and analyzes such data and provides 
     information on the need for navigation services, the types of 
     access difficulties resolved, the sources of repeated 
     resolutions, and the flaws in the system of access, including 
     insurance barriers.
       ``(4) Application for grant.--A grant may be made under 
     paragraph (1) only if an application for the grant is 
     submitted to the Director of the Service and the application 
     is in such form, is made in such manner, and contains such 
     agreements, assurances, and information as the Director 
     determines to be necessary to carry out this section.
       ``(5) Evaluations.--
       ``(A) In general.--The Director of the Service, directly or 
     through grants or contracts, shall provide for evaluations to 
     determine which outreach activities under paragraph (2) were 
     most effective in informing the public, and the specific 
     community that the program is serving, of the model program 
     services and to determine the extent to which such programs 
     were effective in providing culturally competent services to 
     the health disparity population served by the programs.
       ``(B) Dissemination of findings.--The Director of the 
     Service shall as appropriate disseminate to public and 
     private entities the findings made in evaluations under 
     subparagraph (A).
       ``(6) Coordination with other programs.--The Director of 
     the Service shall coordinate the program under this 
     subsection with the program under subsection (b), with the 
     program under section 417D of the Public Health Service Act, 
     and to the extent practicable, with programs for prevention 
     centers that are carried out by the Director of the Centers 
     for Disease Control and Prevention.
       ``(b) Program for Patient Navigators.--
       ``(1) In general.--The Director of the Service may make 
     grants to Indian Health Service Centers, tribal governments, 
     urban Indian organizations, tribal organizations, and 
     qualified nonprofit entities that enter into partnerships 
     with public and nonprofit private health centers serving 
     Native American populations to provide navigation services, 
     and that demonstrate the ability to perform all the functions 
     described in this subsection and subsections (b) and (c), for 
     the development and operation of model programs to pay the 
     costs of such entities in--
       ``(A) assigning patient navigators, in accordance with 
     applicable criteria of the Secretary, for managing the care 
     of individuals of health disparity populations for the 
     duration of receiving health services from the health 
     centers, including aid in coordinating and scheduling 
     appointments and referrals, community outreach, assistance 
     with transportation arrangements, and assistance with 
     insurance issuers and other barriers to care;
       ``(B) ensuring that the services provided by the patient 
     navigators to such individuals include case management and 
     psychosocial assessment and care or information and referral 
     to such services;
       ``(C) ensuring that patient navigators with direct 
     knowledge of the communities they serve provide services to 
     such individuals in a culturally competent manner;
       ``(D) developing model practices for patient navigators, 
     including with respect to--
       ``(i) coordination of health services, including 
     psychosocial assessment and care;
       ``(ii) follow-up services, including psychosocial 
     assessment and care; and
       ``(iii) determining coverage under health insurance and 
     health plans for all services;
       ``(iv) ensuring the initiation, continuation, or sustained 
     access to care prescribed by the patients' health care 
     providers; and
       ``(v) aiding patients with health insurance coverage 
     issues;
       ``(E) requiring training for patient navigators to ensure 
     the ability of such navigators to perform all of the duties 
     required under this subsection and in subsection (a), 
     including training to ensure that such navigators are 
     informed about health insurance systems and are able to aid 
     patients in resolving access issues; and

[[Page 4643]]

       ``(F) ensuring that consumers have direct access to patient 
     navigators during regularly scheduled hours of business 
     operation.
       ``(2) Outreach services.--A condition for the receipt of a 
     grant under paragraph (1) is that the applicant involved 
     agree to provide ongoing outreach activities while receiving 
     the grant, in a manner that is culturally competent for the 
     health disparity population served by the program, to inform 
     the public, and the specific community that the patient 
     navigator is serving, of the services of the model program 
     under the grant.
       ``(3) Data collection and report.--
       ``(A) In general.--To provide for effective patient 
     navigator program evaluation, a grant recipient under this 
     subsection shall collect specific patient data with respect 
     to navigation services provided to each patient served 
     through the program and shall establish and implement 
     procedures and protocols, consistent with applicable Federal 
     and State laws (including sections 160 and 164 of title 45, 
     Code of Federal Regulations) to ensure the confidentiality of 
     all information shared by a patient in the program (or their 
     personal representative) and their health care providers, 
     group health plans, or health insurance insurers.
       ``(B) Use of data.--A grant recipient under this subsection 
     may, consistent with applicable Federal and State 
     confidentiality laws, collect, use, or disclose aggregate 
     information that is not individually identifiable (as such 
     term is defined for purposes of sections 160 and 164 of title 
     45 Code of Federal Regulations).
       ``(C) Report.--Using data collected under this paragraph, a 
     grantee shall prepare and submit to the Director of the 
     Service an annual report that summarizes and analyzes such 
     data and provides information on the need for navigation 
     services, the types of access difficulties resolved, the 
     sources of repeated resolutions, and the flaws in the system 
     of access, including insurance barriers.
       ``(4) Application for grant.--A grant may be made under 
     paragraph (1) only if an application for the grant is 
     submitted to the Director of the Service and the application 
     is in such form, is made in such manner, and contains such 
     agreements, assurances, and information as the Director 
     determines to be necessary to carry out this section.
       ``(5) Evaluations.--
       ``(A) In general.--The Director of the Service, directly or 
     through grants or contracts, shall provide for evaluations to 
     determine the effects of the services of patient navigators 
     on the health disparity population for whom the services were 
     provided, taking into account the matters referred to in 
     paragraph (1)(C).
       ``(B) Dissemination of findings.--The Director of the 
     Service shall as appropriate disseminate to public and 
     private entities the findings made in evaluations under 
     subparagraph (A).
       ``(6) Coordination with other programs.--The Director of 
     the Service shall coordinate the program under this 
     subsection with the program under subsection (a) and with the 
     program under section 417D of the Public Health Service Act.
       ``(c) Requirements Regarding Fees.--
       ``(1) In general.--A condition for the receipt of a grant 
     under subsection (a)(1) or (b)(1) is that the program for 
     which the grant is made have in effect--
       ``(A) a schedule of fees or payments for the provision of 
     its health care services related to the prevention and 
     treatment of disease that is consistent with locally 
     prevailing rates or charges and is designed to cover its 
     reasonable costs of operation; and
       ``(B) a corresponding schedule of discounts to be applied 
     to the payment of such fees or payments, which discounts are 
     adjusted on the basis of the ability of the patient to pay.
       ``(2) Rule of construction.--Nothing in this section shall 
     be construed to require payment for navigation services or to 
     require payment for health care services in cases where the 
     care is provided free of charge, including the case of 
     services provided through programs of the Indian Health 
     Service.
       ``(d) Model.--Not later than three years after the date of 
     the enactment of this section, the Director of the Service 
     shall develop a peer-reviewed model of systems for the 
     services provided by this section. The Director shall update 
     such model as may be necessary to ensure that the best 
     practices are being utilized.
       ``(e) Duration of Grant.--The period during which payments 
     are made to an entity from a grant under subsection (a)(1) or 
     (b)(1) may not exceed five years. The provision of such 
     payments are subject to annual approval by the Director of 
     the Service of the payments and subject to the availability 
     of appropriations for the fiscal year involved to make the 
     payments. This subsection may not be construed as 
     establishing a limitation on the number of grants under such 
     subsection that may be made to an entity.
       ``(f) Definitions.--For purposes of this section:
       ``(1) The term `culturally competent', with respect to 
     providing health-related services, means services that, in 
     accordance with standards and measures of the Secretary, are 
     designed to effectively and efficiently respond to the 
     cultural and linguistic needs of patients.
       ``(2) the term `appropriate follow-up care' includes 
     palliative and end-of-life care.
       ``(3) the term `health disparity population' means a 
     population where there exists a significant disparity in the 
     overall rate of disease incidence, morbidity, mortality, or 
     survival rates in the population as compared to the health 
     status of the general population. Such term includes--
       ``(A) racial and ethnic minority groups as defined in 
     section 1707 of the Public Health Service Act; and
       ``(B) medically underserved groups, such as rural and low-
     income individuals and individuals with low levels of 
     literacy.
       ``(4)(A) the term `patient navigator' means an individual 
     whose functions include--
       ``(i) assisting and guiding patients with a symptom or an 
     abnormal finding or diagnosis of cancer or other chronic 
     disease within the health care system to accomplish the 
     follow-up and diagnosis of an abnormal finding as well as the 
     treatment and appropriate follow-up care of cancer or other 
     chronic disease, including information about clinical trials; 
     and
       ``(ii) identifying, anticipating, and helping patients 
     overcome barriers within the health care system to ensure 
     prompt diagnostic and treatment resolution of an abnormal 
     finding of cancer or other chronic disease.
       ``(B) Such term includes representatives of the target 
     health disparity population, such as nurses, social workers, 
     cancer survivors, and patient advocates.
       ``(g) Authorization of Appropriations.--
       ``(1) In general.--
       ``(A) Model programs.--For the purpose of carrying out 
     subsection (a) (other than the purpose described in paragraph 
     (2)(A)), there are authorized to be appropriated such sums as 
     may be necessary for each of the fiscal years 2004 through 
     2008.
       ``(B) Patient navigators.--For the purpose of carrying out 
     subsection (b) (other than the purpose described in paragraph 
     (2)(B)), there are authorized to be appropriated such sums as 
     may be necessary for each of the fiscal years 2004 through 
     2008.
       ``(C) Bureau of primary health care.--Amounts appropriated 
     under subparagraph (A) or (B) shall be administered through 
     the Bureau of Primary Health Care.
       ``(2) Programs in rural areas.--
       ``(A) Model programs.--For the purpose of carrying out 
     subsection (a) by making grants under such subsection for 
     model programs in rural areas, there are authorized to be 
     appropriated such sums as may be necessary for each of the 
     fiscal years 2004 through 2008.
       ``(B) Patient navigators.--For the purpose of carrying out 
     subsection (b) by making grants under such subsection for 
     programs in rural areas, there are authorized to be 
     appropriated such sums as may be necessary for each of the 
     fiscal years 2004 through 2008.
       ``(C) Office of rural health policy.--Amounts appropriated 
     under subparagraph (A) or (B) shall be administered through 
     the Office of Rural Health Policy.
       ``(3) Relation to other authorizations.--Authorizations of 
     appropriations under paragraphs (1) and (2) are in addition 
     to other authorizations of appropriations that are available 
     for the purposes described in such paragraphs.''.
                                 ______
                                 
      By Mr. VOINOVICH:
  S. 456. A bill to exclude certain wire rods from the scope of any 
antidumping or countervailing duty order issued as a result of certain 
investigations relating to carbon and certain alloy steel rods; to the 
Committee on Finance.
  Mr. VOINOVICH. 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. 456

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

     SECTION 1. EXCLUSION OF CERTAIN WIRE RODS FROM ANTIDUMPING 
                   AND COUNTERVAILING DUTY ORDERS.

       (a) In General.--Notwithstanding any other provision of 
     law, any antidumping or countervailing duty order that is 
     issued as a result of antidumping investigations A-351-832, 
     A-122-840, A-428-832, A-560-815, A-201-830, A-841-805, A-274-
     804, and A-823-812, or countervailing duty investigations C-
     351-833, C-122-841, C-428-833, C-274-805, and C-489-809, 
     relating to carbon and certain alloy steel rods, shall not 
     include wire rods that meet the American Welding Society 
     ER70S-6 classification and are used to produce Mig Wire.
       (b) Effective Date.--The amendment made by subsection (a) 
     applies with respect to goods entered, or withdrawn from 
     warehouse for consumption, on or after the 15th day after the 
     date of enactment of this Act.
                                 ______
                                 
      By Mr. LEAHY (for himself, Ms. Snowe, Mr. Allard, Mr. Allen, Mr. 
        Baucus, Mr. Bingaman, Mrs. Boxer, Mr. Campbell, Mrs. Clinton, 
        Mr. Coleman, Ms. Collins, Mr. Craig, Mr. Crapo, Mr. Daschle, 
        Mr. Dayton, Mr. Dodd, Mr. Domenici,

[[Page 4644]]

        Mr. Edwards, Mr. Feingold, Mrs. Feinstein, Mr. Grassley, Mr. 
        Gregg, Mr. Harkin, Mr. Jeffords, Mr. Johnson, Mr. Kennedy, Mr. 
        Kerry, Mr. Kohl, Mr. Levin, Mr. Lieberman, Ms. Mikulski, Mr. 
        Nelson of Florida, Mr. Reid, Mr. Roberts, Mr. Rockefeller, Mr. 
        Sarbanes, Mr. Schumer, Mr. Smith, Mr. Sununu, Mr. Warner, Mr. 
        Wyden, and Ms. Cantwell):
  S. 456. A bill to remove the limitation on the use of funds to 
require a farm to feed livestock with organically produced feed to be 
certified as an organic farm; to the Committee on Agriculture, 
Nutrition, and Forestry.
  Mr. LEAHY. Mr. President, today I am proud to introduce with Senator 
Snowe a bipartisan bill that will repeal a rider in the Omnibus 
Appropriations Conference Report. After the Conference Committee met 
and behind closed doors, this special interest rider gutted the organic 
standards just recently enacted by U.S. Department of Agriculture. 
Thirty four Senators, and counting, from both parties are joining me to 
repeal this special interest provision and restore credibility to the 
USDA organic standards.
  I understand this special interest provision was inserted into the 
bill on behalf of a single producer who essentially wants to hijack the 
``organic'' certification label for his own purposes. He wants to get a 
market premium for his products, without actually being an organic 
product.
  This provision will allow producers to label their meat and dairy 
products ``organic'' even though they do not meet the strict criteria 
set forth by USDA, including the requirement that the animals be fed 
organically grown feed. This approach was considered and outright 
rejected by USDA last June. The entire organic industry opposed this 
weakening of the organic standards. If beef, poultry, pork and dairy 
producers are able to label their products as ``organic'' without using 
organic feed, which is one of the primary inputs, then what exactly is 
organic about the product?
  This provision is particularly galling because so many producers have 
already made the commitment to organic production. For most, this is a 
huge financial commitment on their part. I have already heard from some 
large producers--General Mills, Tyson Foods--as well as scores of 
farmers from Vermont and around the country who are enraged by this 
special loophole included for one company that does not want to play by 
the rules.
  My legislation strikes this rider from the Omnibus Appropriations Act 
and I hope to move it through Congress quickly before it does gut the 
organic meat and dairy industry. We need to send a message to all 
producers that if you want to benefit from the organic standards 
economically, you must actually meet them. When I included the ``The 
Organic Foods Production Act'' in the 1990 farm bill, it was because 
farmers recognized the growing consumer demand for organically produced 
products, but needed a tool to help consumers know which products were 
truly organic and which were not. The Act directed USDA to set minimum 
national standards for products labeled ``organic'' so that consumers 
could make informed buying decisions. The national standard also 
reassured farmers selling organically produced products that they would 
not have to follow separate rules in each state, and that their 
products could be labeled ``organic'' overseas.
  The new standards have been enthusiastically welcomed by consumers, 
because through organic labeling they now can know what they are 
choosing and paying for when they shop. This proposal to weaken the 
organic standards would undermine public confidence in organic 
labeling, which is less than a year old.
  Getting the organic standards that are behind the ``USDA Organic'' 
label right was a long and difficult process, but critically important 
to the future of the industry. Along the way, some tried to allow 
products treated with sewer sludge, irradiation, and antibiotics to be 
labeled ``organic.'' The public outcry against this was overwhelming. 
More than 325,000 people weighed in during the comment period, as did 
I. The groundswell of support for strong standards clearly showed that 
the public wants ``organic'' to really mean something. Those efforts to 
hijack the term were defeated and this one should be too.
  Consumers and producers rely on the standard. I hope more members 
will cosponsor my bill and send a message to special interests that 
they cannot hijack the organic industry through a rider on the spending 
bill. We need to fix this mistake and restore integrity to our organic 
standards.
                                 ______
                                 
      By Mr. BINGAMAN (for himself, Mrs. Hutchison, and Mrs. Boxer):
  S. 458. A bill to establish the Southwest Regional Border Authority; 
to the Committee on Environment and Public Works.
  Mr. BINGAMAN. Mr. President, I rise today to introduce legislation 
along with Senator Kay Bailey Hutchison that will help raise the 
standard of living for hundreds of thousands of Americans who live near 
the U.S.-Mexico Border. The ``Southwest Regional Border Authority Act'' 
would create an economic development authority for the Southwest border 
region, charged with awarding grants to border communities in support 
of their local economic development projects.
  The need for a Regional Border Authority is acute: the poverty rate 
in the Southwest border region is 20 percent--nearly double the 
national average; unemployment rates in Southwest border counties often 
reach as high as five times the national unemployment rate; per capita 
personal income in the region is greatly below the national average; 
and lack of adequate access to capital has made it difficult for 
businesses to start up in the region.
  In addition, the development of key infrastructures--such as water 
and wastewater, transportation, public health, and telecommunications--
has not kept pace with the population explosion and the increase in 
cross-border commerce.
  The counties in the Southwest border region are among the most 
economically distressed in the nation. In fact, there are only a few 
such regions of economic distress throughout the country--almost all of 
which are currently served by regional economic development 
commissions. These commissions, which are authorized by Congress, 
include the Appalachian Regional Commission, the Delta Regional 
Authority, and the Denali Commission. In order to address the needs of 
the border region in a similar fashion, I propose the creation of a 
regional economic development authority for the Southwest border.
  My bill, which is modeled after the Appalachian Regional Commission, 
is based on four guiding principles. First, it starts from the premise 
that the people who live in the southwest border region know best when 
it comes to making decisions that affect their communities. Second, it 
employs a regional approach to economic development and encourages 
communities to work across county and state lines when appropriate. All 
too often, past efforts to improve the Southwest border region have hit 
roadblocks as a result of poor coordination and communication between 
communities.
  Third, it creates an economic development entity that is 
independent--meaning it will be able to make decisions that are in the 
best interest of border communities, without being subject to the 
politics of Federal agencies. Finally, it brings together 
representatives of the four Southwest border States and the Federal 
Government as equal partners, all of whom will work to improve the 
quality of life and standard of living for border residents.
  This is not just another commission, and it is certainly not just 
another grant program. I believe the Southwest Regional Border 
Authority not only will help leverage new private sector funding, but 
also will help better target Federal funding to those projects that are 
most likely to achieve the desired outcome of increased economic 
development.
  The legislation accomplishes this through a sensible mechanism of 
development planning. Under the bill, communities in each of the four 
border

[[Page 4645]]

States will work through ``local development districts'' to create 
development plans that reflect the needs and priorities specific to 
each locality. These local development plans then go to the State in 
which the communities are located, where they become the basis for a 
State development plan. The four State development plans, in turn, form 
the basis for a regional development plan, which is put together by the 
Authority. The purpose of this planning process is to ensure that local 
priorities are reflected in the projects funded by the Authority, while 
also providing flexibility to the Authority to fund projects that are 
regional in nature.
  This process has several advantages. First, by ensuring that Federal 
dollars are targeted to projects that have gone through thorough 
planning at the local level, we will greatly improve the probability of 
success for those projects--thereby increasing the Federal Government's 
return on its investment. Second, local development plans are essential 
to attracting private sector funding. Increased private investment 
means less need for Federal, State, and local public sector funding. 
Third, combining resources in such a way will help communities get more 
funding then they can currently get from any one program. This is 
particularly important now as we in Congress grapple with how to fund 
the needs of the border in the current budget climate.
  I believe there are additional benefits to be derived from the Border 
Authority. As the only independent, quasi-Federal entity charged with 
economic development for the entire Southwest border region, the 
Authority will become a clearinghouse of sorts on all the funding 
available to the border region. This will enable the Authority to help 
border communities learn which programs are best suited to their needs 
and most likely to achieve the goals of their local development plans. 
Another benefit is its focus on economically distressed counties. Under 
the bill, the Authority can provide funding to increase the Federal 
share of a federal grant program to up to 90 percent of the total cost. 
This is particularly helpful to the many communities that are often 
unable to utilize federal funding because they can't afford the 
required local match.
  For far too long the needs of the Southwest Border have been ignored, 
overlooked, or underfunded. I am confident that the creation of a 
Southwest Regional Border Authority not only will call attention to the 
great needs that exist along the border, but also provide resources to 
local communities where the dollars will do the most good. I urge the 
Senate to move swiftly on this legislation, and I ask my colleagues for 
their support.
  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:

       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 ``Southwest 
     Regional Border Authority 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 and purposes.
Sec. 3. Definitions.

              TITLE I--SOUTHWEST REGIONAL BORDER AUTHORITY

Sec. 101. Membership and voting.
Sec. 102. Duties and powers.
Sec. 103. Authority personnel matters.

               TITLE II--GRANTS AND DEVELOPMENT PLANNING

Sec. 201. Infrastructure development and improvement.
Sec. 202. Technology development.
Sec. 203. Community development and entrepreneurship.
Sec. 204. Education and workforce development.
Sec. 205. Funding.
Sec. 206. Supplements to Federal grant programs.
Sec. 207. Demonstration projects.
Sec. 208. Local development districts; certification and administrative 
              expenses.
Sec. 209. Distressed counties and areas and economically strong 
              counties.
Sec. 210. Development planning process.

                       TITLE III--ADMINISTRATION

Sec. 301. Program development criteria.
Sec. 302. Approval of development plans and projects.
Sec. 303. Consent of States.
Sec. 304. Records.
Sec. 305. Annual report.
Sec. 306. Authorization of appropriations.
Sec. 307. Termination of authority.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) a rapid increase in population in the Southwest border 
     region is placing a significant strain on the infrastructure 
     of the region, including transportation, water and 
     wastewater, public health, and telecommunications;
       (2) 20 percent of the residents of the region have incomes 
     below the poverty level;
       (3) unemployment rates in counties in the region are up to 
     5 times the national unemployment rate;
       (4) per capita personal income in the region is 
     significantly below the national average and much of the 
     income in the region is distributed through welfare programs, 
     retirement programs, and unemployment payments;
       (5) a lack of adequate access to capital in the region--
       (A) has created economic disparities between communities in 
     the region and communities outside the region; and
       (B) has made it difficult for businesses to start up in the 
     region;
       (6) it has been difficult for displaced workers in the 
     region to find employment because many workers--
       (A) have limited English language proficiency; and
       (B) lack adequate English language and job training;
       (7) many residents of the region live in communities 
     referred to as ``colonias'' that lack basic necessities, 
     including running water, sewers, storm drainage, and 
     electricity;
       (8) many of the problems that exist in the region could be 
     solved or ameliorated by technology that would contribute to 
     economic development in the region;
       (9) while numerous Federal, State, and local programs 
     target financial resources to the region, those programs are 
     often uncoordinated, duplicative, and, in some cases, 
     unavailable to eligible border communities because those 
     communities cannot afford the required funding match;
       (10) Congress has established several regional economic 
     development commissions, including the Appalachian Regional 
     Commission, the Delta Regional Authority, and the Denali 
     Commission, to improve the economies of those areas of the 
     United States that experience the greatest economic distress; 
     and
       (11) many of the counties in the region are among the most 
     economically distressed in the United States and would 
     benefit from a regional economic development commission.
       (b) Purposes.--The purposes of this Act are--
       (1) to establish a regional economic development authority 
     for the Southwest Border region to address critical issues 
     relating to the economic health and well-being of the 
     residents of the region;
       (2) to provide funding to communities in the region to 
     stimulate and foster infrastructure development, technology 
     development, community development and entrepreneurship, and 
     education and workforce development in the region;
       (3) to increase the total amount of Federal funding 
     available for border economic development projects by 
     coordinating with and reducing duplication of other Federal, 
     State, and local programs; and
       (4) to empower the people of the region through the use of 
     local development districts and State and regional 
     development plans that reflect State and local priorities.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Attainment county.--The term ``attainment county'' 
     means an economically strong county that is not a distressed 
     county or a competitive county.
       (2) Authority.--The term ``Authority'' means the Southwest 
     Regional Border Authority established by section 101(a)(1).
       (3) Binational region.--The term ``binational region'' 
     means the area in the United States and Mexico that is within 
     150 miles of the international border between the United 
     States and Mexico.
       (4) Business incubator service.--The term ``business 
     incubator service'' means--
       (A) a legal service, including aid in preparing a corporate 
     charter, partnership agreement, or contract;
       (B) a service in support of the protection of intellectual 
     property through a patent, a trademark, or any other means;
       (C) a service in support of the acquisition or use of 
     advanced technology, including the use of Internet services 
     and Web-based services; and
       (D) consultation on strategic planning, marketing, or 
     advertising.
       (5) Competitive county.--The term ``competitive county'' 
     means an economically strong county that meets at least 1, 
     but not all, of the criteria for a distressed county 
     specified in paragraph (5).
       (6) Distressed county.--The term ``distressed county'' 
     means a county in the region that--

[[Page 4646]]

       (A)(i) has a poverty rate that is at least 150 percent of 
     the poverty rate of the United States;
       (ii) has a per capita market income that is not more than 
     67 percent of the per capita market income of the United 
     States; and
       (iii) has a 3-year unemployment rate that is at least 150 
     percent of the unemployment rate of the United States; or
       (B)(i) has a poverty rate that is at least 200 percent of 
     the poverty rate of the United States; and
       (ii)(I) has a per capita market income that is not more 
     than 67 percent of the per capita market income of the United 
     States; or
       (II) has a 3-year unemployment rate that is at least 150 
     percent of the unemployment rate of the United States.
       (7) Economically strong county.--The term ``economically 
     strong county'' means a county in the region that is not a 
     distressed county.
       (8) Federal grant program.--The term ``Federal grant 
     program'' means a Federal grant program to provide assistance 
     in--
       (A) acquiring or developing land;
       (B) constructing or equipping a highway, road, bridge, or 
     facility; or
       (C) carrying out other economic development activities.
       (9) 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).
       (10) Isolated area of distress.--The term ``isolated area 
     of distress'' means an area located in an economically strong 
     county that has a high rate of poverty, unemployment, or 
     outmigration, as determined by the Authority.
       (11) Local development district.--The term ``local 
     development district'' means an entity that--
       (A)(i) is an economic development district that is--
       (I) in existence on the date of enactment of this Act; and
       (II) recognized by the Economic Development Administration; 
     and
       (III) located in the region; or
       (ii) if an entity described in clause (i) does not exist--
       (I) is organized and operated in a manner that ensures 
     broad-based community participation and an effective 
     opportunity for local officials, community leaders, and the 
     public to contribute to the development and implementation of 
     programs in the region;
       (II) is governed by a policy board with at least a simple 
     majority of members consisting of--

       (aa) elected officials; or
       (bb) designees or employees of a general purpose unit of 
     local government that have been appointed to represent the 
     unit of local government; and

       (III) is certified by the Governor or appropriate State 
     officer as having a charter or authority that includes the 
     economic development of counties, portions of counties, or 
     other political subdivisions within the region; and
       (B) has not, as certified by the Federal cochairperson--
       (i) inappropriately used Federal grant funds from any 
     Federal source; or
       (ii) appointed an officer who, during the period in which 
     another entity inappropriately used Federal grant funds from 
     any Federal source, was an officer of the other entity.
       (12) Region.--The term ``region'' means--
       (A) the counties of Cochise, Gila, Graham, Greenlee, La 
     Paz, Maricopa, Pima, Pinal, Santa Cruz, and Yuma in the State 
     of Arizona;
       (B) the counties of Imperial, Los Angeles, Orange, 
     Riverside, San Bernardino, San Diego, and Ventura in the 
     State of California;
       (C) the counties of Catron, Chaves, Dona Ana, Eddy, Grant, 
     Hidalgo, Lincoln, Luna, Otero, Sierra, and Socorro in the 
     State of New Mexico; and
       (D) the counties of Atascosa, Bandera, Bee, Bexar, 
     Brewster, Brooks, Cameron, Coke, Concho, Crane, Crockett, 
     Culberson, Dimmit, Duval, Ector, Edwards, El Paso, Frio, 
     Gillespie, Glasscock, Hidalgo, Hudspeth, Irion, Jeff Davis, 
     Jim Hogg, Jim Wells, Karnes, Kendall, Kenedy, Kerr, Kimble, 
     Kinney, Kleberg, La Salle, Live Oak, Loving, Mason, Maverick, 
     McMullen, Medina, Menard, Midland, Nueces, Pecos, Presidio, 
     Reagan, Real, Reeves, San Patricio, Shleicher, Sutton, Starr, 
     Sterling, Terrell, Tom Green, Upton, Uvalde, Val Verde, Ward, 
     Webb, Willacy, Wilson, Winkler, Zapata, and Zavala in the 
     State of Texas.
       (13) Small business.--The term ``small business'' has the 
     meaning given the term ``small business concern'' in section 
     3(a) of the Small Business Act (15 U.S.C. 632(a)).

              TITLE I--SOUTHWEST REGIONAL BORDER AUTHORITY

     SEC. 101. MEMBERSHIP AND VOTING.

       (a) Establishment.--
       (1) In general.--There is established the Southwest 
     Regional Border Authority.
       (2) Composition.--The Authority shall be composed of--
       (A) a Federal member, to be appointed by the President, by 
     and with the advice and consent of the Senate; and
       (B) State members, who shall consist of the Governor (or a 
     designee of the Governor) of each State in the region that 
     elects to participate in the Authority.
       (3) Cochairpersons.--The Authority shall be headed by--
       (A) the Federal member, who shall serve--
       (i) as the Federal cochairperson; and
       (ii) as a liaison between the Federal Government and the 
     Authority; and
       (B) a State cochairperson, who shall--
       (i) be a Governor of a State described in paragraph (2)(B);
       (ii) be elected by the State members for a term of not more 
     than 2 years; and
       (iii) serve only 1 term during any 4 year period.
       (b) Alternate Members.--
       (1) State alternates.--The State member of a State 
     described in paragraph (2)(B) may have a single alternate, 
     who shall be--
       (A) a resident of that State; and
       (B) appointed by the Governor of the State, from among the 
     members of the cabinet or personal staff of the Governor.
       (2) Alternate federal cochairperson.--The President shall 
     appoint an alternate Federal cochairperson.
       (3) Quorum.--Subject to subsection (d)(4), a State 
     alternate member shall not be counted toward the 
     establishment of a quorum of the members of the Authority in 
     any case in which a quorum of the State members is required 
     to be present.
       (4) Delegation of power.--No power or responsibility of the 
     Authority specified in paragraph (2) or (3) of subsection 
     (d), and no voting right of any member of the Authority, 
     shall be delegated to any person who is not--
       (A) a member of the Authority; or
       (B) entitled to vote at meetings of the Authority.
       (c) Meetings.--
       (1) Initial meeting.--The initial meeting of the Authority 
     shall be conducted not later than the date that is the 
     earlier of--
       (A) 180 days after the date of enactment of this Act; or
       (B) 60 days after the date on which the Federal 
     cochairperson is appointed.
       (2) Other meetings.--The Authority shall hold meetings at 
     such times as the Authority determines, but not less often 
     than semiannually.
       (3) Location.--Meetings of the Authority shall be 
     conducted, on a rotating basis, at a site in the region in 
     each of the States of Arizona, California, New Mexico, and 
     Texas.
       (d) Voting.--
       (1) In general.--To be effective, a decision by the 
     Authority shall require the approval of the Federal 
     cochairperson and not less than 60 percent of the State 
     members of the Authority (not including any member 
     representing a State that is delinquent under section 
     102(d)(2)(D)).
       (2) Quorum.--
       (A) In general.--A majority of the State members shall 
     constitute a quorum.
       (B) Required for policy decision.--A quorum of State 
     members shall be required to be present for the Authority to 
     make any policy decision, including--
       (i) a modification or revision of a policy decision of the 
     Authority;
       (ii) approval of a State or regional development plan; and
       (iii) any allocation of funds among the States.
       (3) Project and grant proposals.--The approval of project 
     and grant proposals shall be--
       (A) a responsibility of the Authority; and
       (B) conducted in accordance with section 302.
       (4) Voting by alternate members.--An alternate member shall 
     vote in the case of the absence, death, disability, removal, 
     or resignation of the Federal or State member for which the 
     alternate member is an alternate.

     SEC. 102. DUTIES AND POWERS.

       (a) Duties.--The Authority shall--
       (1) develop comprehensive and coordinated plans and 
     programs to establish priorities and approve grants for the 
     economic development of the region, giving due consideration 
     to other Federal, State, and local planning and development 
     activities in the region;
       (2) conduct and sponsor investigations, research, and 
     studies, including an inventory and analysis of the resources 
     of the region, using, in part, the materials compiled by the 
     Interagency Task Force on the Economic Development of the 
     Southwest Border established by Executive Order No. 13122 (64 
     Fed. Reg. 29201);
       (3) sponsor demonstration projects under section 207;
       (4)(A) enhance the capacity of, and provide support for, 
     local development districts in the region; or
       (B) if there is no local development district described in 
     clause (i) of section 3(11)(A) for a portion of the region, 
     foster the creation of a local development district;
       (5) review and study Federal, State, and local public and 
     private programs and, as appropriate, recommend modifications 
     or additions to increase the effectiveness of the programs;
       (6) formulate and recommend, as appropriate, interstate and 
     international compacts and other forms of interstate and 
     international cooperation;
       (7) encourage private investment in industrial, commercial, 
     and recreational projects in the region;

[[Page 4647]]

       (8) provide a forum for consideration of the problems of 
     the region and any proposed solutions to those problems;
       (9) establish and use, as appropriate, citizens, special 
     advisory counsels, and public conferences; and
       (10) provide a coordinating mechanism to avoid duplication 
     of efforts among the border programs of the Federal agencies 
     and the programs established under the North American Free 
     Trade Agreement entered into by the United States, Mexico, 
     and Canada on December 17, 1992.
       (b) Powers.--In carrying out subsection (a), the Authority 
     may--
       (1) hold such hearings, sit and act at such times and 
     places, take such testimony, receive such evidence, and print 
     or otherwise reproduce and distribute a description of the 
     proceedings of, and reports on actions by, the Authority as 
     the Authority considers appropriate;
       (2) request from any Federal, State, or local agency such 
     information as may be available to or procurable by the 
     agency that may be of use to the Authority in carrying out 
     the duties of the Authority;
       (3) maintain an accurate and complete record of all 
     transactions and activities of the Authority, to be available 
     for audit and examination by the Comptroller General of the 
     United States;
       (4) adopt, amend, and repeal bylaws and rules governing the 
     conduct of business and the performance of duties of the 
     Authority;
       (5) request the head of any Federal agency to detail to the 
     Authority, for a specified period of time, such personnel as 
     the Authority requires to carry out duties of the Authority, 
     each such detail to be without loss of seniority, pay, or 
     other employee status;
       (6) request the head of any State department or agency or 
     local government to detail to the Authority, for a specified 
     period of time, such personnel as the Authority requires to 
     carry out the duties of the Authority, each such detail to be 
     without loss of seniority, pay, or other employee status;
       (7) make recommendations to the President regarding--
       (A) the expenditure of funds at the Federal, State, and 
     local levels under this Act; and
       (B) additional Federal, State, and local legislation that 
     may be necessary to further the purposes of this Act;
       (8) provide for coverage of Authority employees in a 
     suitable retirement and employee benefit system by--
       (A) making arrangements or entering into contracts with any 
     participating State government; or
       (B) otherwise providing retirement and other employee 
     benefit coverage;
       (9) accept, use, and dispose of gifts or donations of 
     services or real, personal, tangible, or intangible property;
       (10) enter into and perform such contracts, leases, 
     cooperative agreements, or other transactions as are 
     necessary to carry out the duties of the Authority;
       (11) establish and maintain--
       (A) a headquarters for the Authority, to be located at a 
     site that is not more than 100 kilometers from the 
     international border between the United States and Mexico; 
     and
       (B) at least 1 field office in each of the States of 
     Arizona, California, New Mexico, and Texas, to be located at 
     appropriate sites in the region that are not more than 100 
     kilometers from the international border between the United 
     States and Mexico; and
       (12) provide for an appropriate level of representation in 
     Washington, D.C.
       (c) Federal Agency Cooperation.--A Federal agency shall--
       (1) cooperate with the Authority; and
       (2) provide, on request of the Federal cochairperson, 
     appropriate assistance in carrying out this Act, in 
     accordance with applicable Federal laws (including 
     regulations).
       (d) Administrative Expenses.--
       (1) In general.--
       (A) Administrative expenses.--Subject to paragraph (2), 
     administrative expenses of the Authority shall be paid--
       (i) by the Federal Government, in an amount equal to 60 
     percent of the administrative expenses; and
       (ii) by the States in the region that elect to participate 
     in the Authority, in an amount equal to 40 percent of the 
     administrative expenses.
       (B) Expenses of federal chairperson.--All expenses of the 
     Federal cochairperson, including expenses of the alternate 
     and staff of the Federal cochairperson, shall be paid by the 
     Federal Government.
       (2) State share.--
       (A) In general.--Subject to subparagraph (C), the share of 
     administrative expenses of the Authority to be paid by each 
     State shall be determined by a unanimous vote of the State 
     members of the Authority.
       (B) No federal participation.--The Federal cochairperson 
     shall not participate or vote in any decision under 
     subparagraph (A).
       (C) Limitation.--A State shall not pay less than 10 nor 
     more than 40 percent of the share of administrative expenses 
     of the Authority determined under paragraph (1)(A)(ii).
       (D) Delinquent states.--During any period in which a State 
     is more than 1 year delinquent in payment of the State's 
     share of administrative expenses of the Authority under this 
     subsection (as determined by the Secretary)--
       (i) no assistance under this Act shall be provided to the 
     State (including assistance to a political subdivision or a 
     resident of the State) for any project not approved as of the 
     date of the commencement of the delinquency; and
       (ii) no member of the Authority from the State shall 
     participate or vote in any action by the Authority.
       (E) Effect on assistance.--A State's share of 
     administrative expenses of the Authority under this 
     subsection shall not be taken into consideration in 
     determining the amount of assistance provided to the State 
     under title II.

     SEC. 103. AUTHORITY PERSONNEL MATTERS.

       (a) Compensation of Members.--
       (1) Federal cochairperson.--The Federal cochairperson shall 
     be compensated by the Federal Government at the annual rate 
     of basic pay prescribed for level III of the Executive 
     Schedule in subchapter II of chapter 53 of title 5, United 
     States Code.
       (2) Alternate federal cochairperson.--The alternate Federal 
     cochairperson--
       (A) shall be compensated by the Federal Government at the 
     annual rate of basic pay prescribed for level V of the 
     Executive Schedule described in paragraph (1); and
       (B) when not actively serving as an alternate for the 
     Federal cochairperson, shall perform such functions and 
     duties as are delegated by the Federal cochairperson.
       (3) State members and alternates.--
       (A) In general.--A State shall compensate each member and 
     alternate member representing the State on the Authority at 
     the rate established by State law.
       (B) No additional compensation.--No State member or 
     alternate member shall receive any salary, or any 
     contribution to or supplementation of salary, from any source 
     other than the State for services provided by the member or 
     alternate member to the Authority.
       (b) Detailed Employees.--
       (1) In general.--No person detailed to serve the Authority 
     under section 102(b)(6) shall receive any salary, or any 
     contribution to or supplementation of salary, for services 
     provided to the Authority from--
       (A) any source other than the State, local, or 
     intergovernmental department or agency from which the person 
     was detailed; or
       (B) the Authority.
       (2) Violation.--Any person that violates this subsection 
     shall be fined not more than $5,000, imprisoned not more than 
     1 year, or both.
       (c) Additional Personnel.--
       (1) Compensation.--
       (A) In general.--The Authority may appoint and fix the 
     compensation of an executive director and such other 
     personnel as are necessary to enable the Authority to carry 
     out the duties of the Authority.
       (B) Exception.--Compensation under subparagraph (A) shall 
     not exceed the maximum rate of basic pay established for the 
     Senior Executive Service under section 5382 of title 5, 
     United States Code, including any applicable locality-based 
     comparability payment that may be authorized under section 
     5304(h)(2)(C) of that title.
       (2) Executive director.--The executive director shall be 
     responsible for--
       (A) carrying out the administrative duties of the 
     Authority;
       (B) directing the Authority staff; and
       (C) carrying out such other duties as the Authority may 
     assign.
       (3) No federal employee status.--No member, alternate, 
     officer, or employee of the Authority (other than the Federal 
     cochairperson, the alternate Federal cochairperson, staff of 
     the Federal cochairperson, and any Federal employee detailed 
     to the Authority under subsection (b)) shall be considered to 
     be a Federal employee for any purpose.
       (d) Conflicts of Interest.--
       (1) In general.--Except as provided under paragraph (2), no 
     State member, State alternate, officer, employee, or detailee 
     of the Authority shall participate personally and 
     substantially as a member, alternate, officer, employee, or 
     detailee of the Authority, through decision, approval, 
     disapproval, recommendation, the rendering of advice, 
     investigation, or otherwise, in any proceeding, application, 
     request for a ruling or other determination, contract, claim, 
     controversy, or other matter in which the member, alternate, 
     officer, employee, or detailee has a financial interest.
       (2) Disclosure.--Paragraph (1) shall not apply if the State 
     member, State alternate, officer, employee, or detailee--
       (A) immediately advises the Authority of the nature and 
     circumstances of the proceeding, application, request for a 
     ruling or other determination, contract, claim, controversy, 
     or other particular matter presenting a potential conflict of 
     interest;
       (B) makes full disclosure of the financial interest; and
       (C) before the proceeding concerning the matter presenting 
     the conflict of interest, receives a written determination by 
     the Authority that the interest is not so substantial as to 
     be likely to affect the integrity of the services that the 
     Authority may expect from the State member, State alternate, 
     officer, employee, or detailee.
       (3) Violation.--Any person that violates this subsection 
     shall be fined not more than $10,000, imprisoned not more 
     than 2 years, or both.

[[Page 4648]]

       (e) Validity of Contracts, Loans, and Grants.--The 
     Authority may declare void any contract, loan, or grant of or 
     by the Authority in relation to which the Authority 
     determines that there has been a violation of subsection (b), 
     subsection (d), or any of sections 202 through 209 of title 
     18, United States Code.
       (f) Applicable Labor Standards.--
       (1) In general.--All laborers and mechanics employed by 
     contractors or subcontractors in the construction, 
     alteration, or repair, including painting and decorating, of 
     projects, buildings, and works funded by the United States 
     under this Act, shall be paid wages at not less than the 
     prevailing wages on similar construction in the locality as 
     determined by the Secretary of Labor in accordance with the 
     Act of March 3, 1931 (40 U.S.C. 276a et seq.).
       (2) Authority.--With respect to the determination of wages 
     under paragraph (1), the Secretary of Labor shall have the 
     authority and functions set forth in Reorganization Plan No. 
     14 of 1950 (64 Stat. 1267) and section 2 of the Act of June 
     13, 1934 (40 U.S.C. 276c).

               TITLE II--GRANTS AND DEVELOPMENT PLANNING

     SEC. 201. INFRASTRUCTURE DEVELOPMENT AND IMPROVEMENT.

       The Authority may approve grants to States, local 
     governments, Indian tribes, and public and nonprofit 
     organizations in the region for projects, approved in 
     accordance with section 302, to develop and improve the 
     transportation, water and wastewater, public health, and 
     telecommunications infrastructure of the region.

     SEC. 202. TECHNOLOGY DEVELOPMENT AND DEPLOYMENT.

       The Authority may approve grants to small businesses, 
     universities, national laboratories, and nonprofit 
     organizations in the region to research, develop, 
     demonstrate, and deploy technology that addresses--
       (1) water quality;
       (2) water quantity;
       (3) pollution;
       (4) transportation;
       (5) energy consumption;
       (6) public health;
       (7) border and port security; and
       (8) any other related matter that stimulates job creation 
     or enhances economic development in the region, as determined 
     by the Authority.

     SEC. 203. COMMUNITY DEVELOPMENT AND ENTREPRENEURSHIP.

       The Authority may approve grants to States, local 
     governments, Indian tribes, small businesses, and public or 
     nonprofit entities for projects, approved in accordance with 
     section 302--
       (1) to create dynamic local economies by--
       (A) recruiting businesses to the region; and
       (B) increasing and expanding international trade to other 
     countries;
       (2) to foster entrepreneurship by--
       (A) supporting the advancement of, and providing 
     entrepreneurial training and education for, youths, students, 
     and businesspersons;
       (B) improving access to debt and equity capital by 
     facilitating the establishment of development venture capital 
     funds and other appropriate means;
       (C) providing aid to communities in identifying, 
     developing, and implementing development strategies for 
     various sectors of the economy; and
       (D)(i) developing a working network of business incubators; 
     and
       (ii) supporting entities that provide business incubator 
     services; and
       (3) to promote civic responsibility and leadership through 
     activities that include--
       (A) the identification and training of emerging leaders;
       (B) the encouragement of citizen participation; and
       (C) the provision of assistance for strategic planning and 
     organization development.

     SEC. 204. EDUCATION AND WORKFORCE DEVELOPMENT.

       The Authority, in coordination with State and local 
     workforce development boards, may approve grants to States, 
     local governments, Indian tribes, small businesses, and 
     public or nonprofit entities for projects, approved in 
     accordance with section 302--
       (1) to assist the region in obtaining the job training, 
     employment-related education, and business development (with 
     an emphasis on entrepreneurship) that are needed to build and 
     maintain strong local economies; and
       (2) to supplement in-plant training programs offered by 
     State and local governments to attract new businesses to the 
     region.

     SEC. 205. FUNDING.

       (a) In General.--Funds for grants under sections 201 
     through 204 may be provided--
       (1) entirely from appropriations to carry out this Act;
       (2) in combination with funds available under another 
     Federal grant program or other Federal program; or
       (3) in combination with funds from any other source, 
     including--
       (A) State and local governments, nonprofit organizations, 
     and the private sector in the United States;
       (B) the federal and local government of, and private sector 
     in, Mexico; and
       (C) the North American Development Bank.
       (b) Priority of Funding.--
       (1) In general.--Subject to paragraph (2), the Authority 
     shall award funding to each State in the region for 
     activities in accordance with an order of priority to be 
     determined by the State.
       (2) Funding for border counties.--For each fiscal year, the 
     Authority shall allocate at least 60 percent of the amounts 
     made available under section 306 for programs and projects 
     designed to serve the needs of--
       (A) distressed counties located along the international 
     border between the United States and Mexico; and
       (B) isolated areas of distress located within counties 
     along the international border between the United States and 
     Mexico.
       (c) Binational Projects.--
       (1) Prohibition on provision of funding to non-united 
     states entities.--The Authority shall not award funding to 
     any entity that is not incorporated in the United States.
       (2) Funding of binational projects.--The Authority may 
     award funding to a project in which an entity that is 
     incorporated outside the United States participates if, for 
     any fiscal year, the entity matches with an equal amount, in 
     cash or in-kind, the assistance received under this Act for 
     the fiscal year.

     SEC. 206. SUPPLEMENTS TO FEDERAL GRANT PROGRAMS.

       (a) Finding.--Congress finds that certain States and local 
     communities of the region, including local development 
     districts, may be unable to take maximum advantage of Federal 
     grant programs for which the States and communities are 
     eligible because--
       (1) they lack the economic resources to provide the 
     required matching share; or
       (2) there are insufficient funds available under the 
     Federal law authorizing the Federal grant program to meet 
     pressing needs of the region.
       (b) Federal Grant Program Funding.--Notwithstanding any 
     provision of law limiting the Federal share, the areas 
     eligible for assistance, or the authorizations of 
     appropriations, under any Federal grant program, and in 
     accordance with subsection (c), the Authority, with the 
     approval of the Federal cochairperson and with respect to a 
     project to be carried out in the region, may--
       (1) increase the Federal share of the costs of a project 
     under any Federal grant program to not more than 90 percent 
     (except as provided in section 209(b)); and
       (2) use amounts made available to carry out this Act to pay 
     all or a portion of the increased Federal share.
       (c) Certifications.--
       (1) In general.--In the case of any project for which all 
     or any portion of the basic Federal share of the costs of the 
     project is proposed to be paid under this section, no Federal 
     contribution shall be made until the Federal official 
     administering the Federal law that authorizes the Federal 
     grant program certifies that the project--
       (A) meets (except as provided in subsection (b)) the 
     applicable requirements of the applicable Federal grant 
     program; and
       (B) could be approved for Federal contribution under the 
     Federal grant program if funds were available under the law 
     for the project.
       (2) Certification by authority.--
       (A) In general.--The certifications and determinations 
     required to be made by the Authority for approval of projects 
     under this Act in accordance with section 302--
       (i) shall be controlling; and
       (ii) shall be accepted by the Federal agencies.
       (B) Acceptance by federal cochairperson.--In the case of 
     any project described in paragraph (1), any finding, report, 
     certification, or documentation required to be submitted with 
     respect to the project to the head of the department, agency, 
     or instrumentality of the Federal Government responsible for 
     the administration of the Federal grant program under which 
     the project is carried out shall be accepted by the Federal 
     cochairperson.

     SEC. 207. DEMONSTRATION PROJECTS.

       (a) In General.--For each fiscal year, the Authority may 
     approve not more than 10 demonstration projects to carry out 
     activities described in sections 201 through 204, of which 
     not more than 3 shall be carried out in any 1 State.
       (b) Requirements.--A demonstration project carried out 
     under this section shall--
       (1) be carried out on a multistate or multicounty basis; 
     and
       (2) be developed in accordance with the regional 
     development plan prepared under section 210(d).

     SEC. 208. LOCAL DEVELOPMENT DISTRICTS; CERTIFICATION AND 
                   ADMINISTRATIVE EXPENSES.

       (a) Grants to Local Development Districts.--
       (1) In general.--The Authority shall make grants to local 
     development districts to pay the administrative expenses of 
     the local development districts.
       (2) Conditions for grants.--
       (A) Maximum amount.--The amount of any grant awarded under 
     paragraph (1) shall not exceed 80 percent of the 
     administrative expenses of the local development district 
     receiving the grant.
       (B) Maximum period.--No grant described in paragraph (1) 
     shall be awarded for a period greater than 3 years to a State 
     agency certified as a local development district.

[[Page 4649]]

       (C) Local share.--The contributions of a local development 
     district for administrative expenses may be in cash or in 
     kind, fairly evaluated, including space, equipment, and 
     services.
       (b) Duties of Local Development Districts.--A local 
     development district shall--
       (1) operate as a lead organization serving multicounty 
     areas in the region at the local level;
       (2) assist the Authority in carrying out outreach 
     activities for local governments, community development 
     groups, the business community, and the public;
       (3) serve as a liaison between State and local governments, 
     nonprofit organizations (including community-based groups and 
     educational institutions), the business community, and 
     citizens; and
       (4) assist the individuals and entities described in 
     paragraph (3) in identifying, assessing, and facilitating 
     projects and programs to promote the economic development of 
     the region.

     SEC. 209. DISTRESSED COUNTIES AND AREAS AND ECONOMICALLY 
                   STRONG COUNTIES.

       (a) Designations.--At the initial meeting of the Authority 
     and annually thereafter, the Authority, in accordance with 
     such criteria as the Authority may establish, shall 
     designate--
       (1) distressed counties;
       (2) economically strong counties;
       (3) attainment counties;
       (4) competitive counties; and
       (5) isolated areas of distress.
       (b) Distressed Counties.--
       (1) In general.--For each fiscal year, the Authority shall 
     allocate at least 50 percent of the amounts made available 
     under section 306 for programs and projects designed to serve 
     the needs of distressed counties and isolated areas of 
     distress in the region.
       (2) Funding limitations.--The funding limitations under 
     section 206(b) shall not apply to a project to provide 
     transportation or basic public services to residents of 1 or 
     more distressed counties or isolated areas of distress in the 
     region.
       (c) Economically Strong Counties.--
       (1) Attainment counties.--Except as provided in paragraph 
     (3), the Authority shall not provide funds for a project 
     located in a county designated as an attainment county under 
     subsection (a)(3).
       (2) Competitive counties.--Except as provided in paragraph 
     (3), the Authority shall not provide more than 30 percent of 
     the total cost of any project carried out in a county 
     designated as a competitive county under subsection 
     (a)(2)(B).
       (3) Exceptions.--
       (A) In general.--The funding prohibition under paragraph 
     (1) and the funding limitation under paragraph (2) shall not 
     apply to grants to fund the administrative expenses of local 
     development districts under section 208(a).
       (B) Multicounty projects.--If the Authority determines that 
     a project could bring significant benefits to areas of the 
     region outside an attainment or competitive county, the 
     Authority may waive the application of the funding 
     prohibition under paragraph (1) and the funding limitation 
     under paragraph (2) to--
       (i) a multicounty project that includes participation by an 
     attainment or competitive county; or
       (ii) any other type of project.
       (4) Isolated areas of distress.--For a designation of an 
     isolated area of distress for assistance to be effective, the 
     designation shall be supported--
       (A) by the most recent Federal data available; or
       (B) if no recent Federal data are available, by the most 
     recent data available through the government of the State in 
     which the isolated area of distress is located.

     SEC. 210. DEVELOPMENT PLANNING PROCESS.

       (a) State Development Plan.--In accordance with policies 
     established by the Authority, each State member shall submit 
     an annual development plan for the area of the region 
     represented by the State member to assist the Authority in 
     determining funding priorities under section 205(b).
       (b) Consultation With Interested Parties.--In carrying out 
     the development planning process (including the selection of 
     programs and projects for assistance), a State shall--
       (1) consult with--
       (A) local development districts; and
       (B) local units of government;
       (2) take into consideration the goals, objectives, 
     priorities, and recommendations of the entities described in 
     paragraph (1); and
       (3) solicit input on and take into consideration the 
     potential impact of the State development plan on the 
     binational region.
       (c) Public Participation.--
       (1) In general.--The Authority and applicable State and 
     local development districts shall encourage and assist, to 
     the maximum extent practicable, public participation in the 
     development, revision, and implementation of all plans and 
     programs under this Act.
       (2) Regulations.--The Authority shall develop guidelines 
     for providing public participation described in paragraph 
     (1), including public hearings.
       (d) Regional Development Plan.--The Authority shall prepare 
     an annual regional development plan that--
       (1) is based on State development plans submitted under 
     subsection (a);
       (2) takes into account--
       (A) the input of the private sector, academia, and 
     nongovernmental organizations; and
       (B) the potential impact of the regional development plan 
     on the binational region;
       (3) establishes 5-year goals for the development of the 
     region;
       (4) identifies and recommends to the States--
       (A) potential multistate or multicounty projects that 
     further the goals for the region; and
       (B) potential development projects for the binational 
     region; and
       (5) identifies and recommends to the Authority for funding 
     demonstration projects under section 207.

                       TITLE III--ADMINISTRATION

     SEC. 301. PROGRAM DEVELOPMENT CRITERIA.

       (a) In General.--In considering programs and projects to be 
     provided assistance under this Act, and in establishing a 
     priority ranking of the requests for assistance provided to 
     the Authority, the Authority shall follow procedures that 
     ensure, to the maximum extent practicable, consideration of--
       (1) the relationship of the project or class of projects to 
     overall regional development;
       (2) the per capita income and poverty and unemployment 
     rates in an area;
       (3) the financial resources available to the applicants for 
     assistance seeking to carry out the project, with emphasis on 
     ensuring that projects are adequately financed to maximize 
     the probability of successful economic development;
       (4) the socioeconomic importance of the project or class of 
     projects in relation to other projects or classes of projects 
     that may be in competition for the same funds;
       (5) the prospects that the project for which assistance is 
     sought will improve, on a continuing rather than a temporary 
     basis, the opportunities for employment, the average level of 
     income, or the economic development of the area to be served 
     by the project; and
       (6) the extent to which the project design provides for 
     detailed outcome measurements by which grant expenditures and 
     the results of the expenditures may be evaluated.
       (b) No Relocation Assistance.--No financial assistance 
     authorized by this Act shall be used to assist a person or 
     entity in relocating from 1 area to another, except that 
     financial assistance may be used as otherwise authorized by 
     this Act to attract businesses from outside the region to the 
     region.
       (c) Maintenance of Effort.--Funds may be provided for a 
     program or project in a State under this Act only if the 
     Authority determines that the level of Federal or State 
     financial assistance provided under a law other than this 
     Act, for the same type of program or project in the same area 
     of the State within the region, will not be reduced as a 
     result of funds made available by this Act.

     SEC. 302. APPROVAL OF DEVELOPMENT PLANS AND PROJECTS.

       (a) In General.--A State or regional development plan or 
     any multistate subregional plan that is proposed for 
     development under this Act shall be reviewed by the 
     Authority.
       (b) Evaluation by State Member.--An application for a grant 
     or any other assistance for a project under this Act shall be 
     made through and evaluated for approval by the State member 
     of the Authority representing the applicant.
       (c) Certification.--An application for a grant or other 
     assistance for a project shall be approved only on 
     certification by the State member that the application for 
     the project--
       (1) describes ways in which the project complies with any 
     applicable State development plan;
       (2) meets applicable criteria under section 301;
       (3) provides adequate assurance that the proposed project 
     will be properly administered, operated, and maintained; and
       (4) otherwise meets the requirements of this Act.
       (d) Votes for Decisions.--On certification by a State 
     member of the Authority of an application for a grant or 
     other assistance for a specific project under this section, 
     an affirmative vote of the Authority under section 101(d) 
     shall be required for approval of the application.

     SEC. 303. CONSENT OF STATES.

       Nothing in this Act requires any State to engage in or 
     accept any program under this Act without the consent of the 
     State.

     SEC. 304. RECORDS.

       (a) Records of the Authority.--
       (1) In general.--The Authority shall maintain accurate and 
     complete records of all transactions and activities of the 
     Authority.
       (2) Availability.--All records of the Authority shall be 
     available for audit and examination by the Comptroller 
     General of the United States (including authorized 
     representatives of the Comptroller General).
       (b) Records of Recipients of Federal Assistance.--
       (1) In general.--A recipient of Federal funds under this 
     Act shall, as required by the Authority, maintain accurate 
     and complete records of transactions and activities financed 
     with Federal funds and report to the Authority on the 
     transactions and activities.

[[Page 4650]]

       (2) Availability.--All records required under paragraph (1) 
     shall be available for audit by the Comptroller General of 
     the United States and the Authority (including authorized 
     representatives of the Comptroller General and the 
     Authority).
       (c) Annual Audit.--The Comptroller General of the United 
     States shall audit the activities, transactions, and records 
     of the Authority on an annual basis.

     SEC. 305. ANNUAL REPORT.

       (a) In General.--Not later than 180 days after the end of 
     each fiscal year, the Authority shall submit to the President 
     and to Congress a report describing the activities carried 
     out under this Act.
       (b) Contents.--
       (1) In general.--The report shall include--
       (A) an evaluation of the progress of the Authority--
       (i) in meeting the goals set forth in the regional 
     development plan and the State development plans; and
       (ii) in working with other Federal agencies and the border 
     programs administered by the Federal agencies;
       (B) examples of notable projects in each State;
       (C) a description of all demonstration projects funded 
     under section 306(b) during the fiscal year preceding 
     submission of the report; and
       (D) any policy recommendations approved by the Authority.
       (2) Initial report.--In addition to the contents specified 
     in paragraph (1), the initial report submitted under this 
     section shall include--
       (A) a determination as to whether the creation of a loan 
     fund to be administered by the Authority is necessary; and
       (B) if the Authority determines that a loan fund is 
     necessary--
       (i) a request for the authority to establish a loan fund; 
     and
       (ii) a description of the eligibility criteria and 
     performance requirements for the loans.

     SEC. 306. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated to 
     the Authority to carry out this Act, to remain available 
     until expended--
       (1) $50,000,000 for fiscal year 2004;
       (2) $75,000,000 for fiscal year 2005;
       (3) $90,000,000 for fiscal year 2006;
       (4) $92,000,000 for fiscal year 2007; and
       (5) $94,000,000 for fiscal year 2008.
       (b) Demonstration Projects.--Of the funds made available 
     under subsection (a), $5,000,000 for each fiscal year shall 
     be available to the Authority to carry out section 207.

     SEC. 307. TERMINATION OF AUTHORITY.

       The authority provided by this Act terminates effective 
     October 1, 2008.
                                 ______
                                 
      By Mr. LEAHY (for himself, Mr. Graham of South Carolina, Ms. 
        Collins, Mr. Jeffords, Mr. Sarbanes, Mr. Schumer, Mr. Durbin, 
        Ms. Landrieu, Mr. Nelson of Florida, Mrs. Clinton, and Ms. 
        Snowe):
  S. 459. A bill to ensure that a public safety officer who suffers a 
fatal heart attack or stroke while on duty shall be presumed to have 
died in the line of duty for purposes of public safety officer survivor 
benefits; to the Committee on the Judiciary.
  Mr. LEAHY. Mr. President, I proudly rise today to introduce the 
Hometown Heroes Survivors Benefits Act of 2003. I thank Senators Graham 
of South Carolina, Collins, Jeffords, Sarbanes, Schumer, Durbin, 
Landrieu, Nelson of Florida, Clinton and Snowe for joining me as 
original cosponsors of this multi-partisan legislation that will 
improve the Department of Justice's Public Safety Officers' Benefits, 
PSOB, Program by allowing families of public safety officers who suffer 
fatal heart attacks or strokes to qualify for Federal survivor 
benefits.
  I want to begin by thanking each of our Nation's brave firefighters, 
emergency medical rescuers and law enforcement officers for the jobs 
they do for the American public day in and day out. Our public safety 
officers are often the first to respond to any crime or emergency 
situation. On September 11, the Nation saw that the first on the scene 
at the World Trade Center were the heroic firefighters, police officers 
and emergency personnel of New York City. These real-life heroes, many 
of whom gave the ultimate sacrifice, remind us of how important it is 
to support our state and local public safety partners.
  I commend Congressmen Etheridge, Weldon, Hoyer and Oxley for their 
leadership and fortitude during the last Congress on an identical bill 
in the House. I look forward to working with them again during the 
108th Congress on this important legislation.
  Last year, both the House and Senate versions of this legislation 
received the endorsement of the Fraternal Order of Police, National 
Association of Police Organizations, Congressional Fire Services 
Institute, International Association of Arson Investigators, 
International Association of Fire Chiefs, International Association of 
Fire Fighters, National Fire Protection Association, National Volunteer 
Fire Council, North American Fire Training Directors, International 
Fire Buff Associates, National Association of Emergency Medical 
Technicians, American Ambulance Association, the American Federation of 
State, County and Municipal Employees, along with over 50 additional 
national organizations. I thank all of these organizations for their 
unwavering support for this legislation.
  Public safety officers are among our most brave and dedicated public 
servants. I applaud the efforts of all members of fire, law 
enforcement, and rescue organizations nationwide who are the first to 
respond to more than 1.6 million emergency calls annually whether those 
calls involve a crime, fire, medical emergency, spill of hazardous 
materials, natural disaster, act of terrorism, or transportation 
accident without reservation. They act with an unwavering commitment to 
the safety and protection of their fellow citizens, and are forever 
willing to selflessly sacrifice their own lives to provide safe and 
reliable emergency services to their communities. Sadly, this 
dedication to service can result in tragedy, as was evident by the 
bravery displayed on September 11, 2001, when scores of first 
responders raced to the World Trade Center and the Pentagon with no 
other goal but to save lives.
  Every year, hundreds of public safety officers nationwide lose their 
lives and thousands more are injured while performing duties that 
subject them to great physical risks. And while we know that PSOB 
benefits can never be a substitute for the loss of a loved one, the 
families of all our fallen heroes deserve to collect these funds.
  The PSOB Program was established in 1976 to authorize a one-time 
financial payment to the eligible survivors of Federal, State, and 
local public safety officers for all line-of-duty deaths.
  Two years ago, Congress improved the PSOB Program by streamlining the 
process for families of public safety officers killed or injured in 
connection with prevention, investigation, rescue or recovery efforts 
related to a terrorist attack. We also retroactively increased the 
total benefits available by $100,000 as part of the USA PATRIOT Act.
  The PSOB Program currently provides approximately $262,000 in 
benefits to the families of law enforcement officers, firemen, 
emergency response squad members, and ambulance crew members who are 
killed in the line of duty.
  Unfortunately, the issue of covering heart attack and stroke victims 
in the PSOB Program was not addressed at that time.
  When establishing the PSOB Program, Congress placed only three 
limitations on the payment of benefits. No award could be paid, first, 
if the death was caused by the intentional misconduct of the officer or 
by such officer's intention to bring about his own death; second, if 
voluntary intoxication of the officer was the proximate cause of such 
officer's death; or, third, to any person otherwise entitled to a 
benefit if such person's action was a substantial contributing factor 
to the death of the officer.
  In years following, however, the Justice Department began to 
interpret the Program's guidelines to exclude from benefits the 
survivors of public safety officer who die of a heart attack or stroke 
while acting in the line of duty, arguing that the attack must be 
accompanied by a traumatic injury, such as a wound or other condition 
of the body caused by external force, including injuries by bullets, 
smoke inhalation, explosives, sharp instruments, blunt objects or other 
physical blows, chemicals, electricity, climatic conditions, infectious 
diseases, radiation, and bacteria. Barred are those who suffer from 
occupational injuries, such as stress and strain.

[[Page 4651]]

  Service-connected heart, lung, and hypertension conditions are silent 
killers of public safety officers nationwide. The numerous hidden 
health dangers dealt with by police officers, firefighters and 
emergency medical personnel are widely recognized, but officers face 
these dangers in order to carry out their sworn duty to serve and 
protect their fellow citizens.
  Our multi-partisan bill would effectively erase any distinction 
between traumatic and occupational injuries. The Hometown Heroes bill 
will fix the loophole in the PSOB Program to ensure that the survivors 
of public safety officers who die of heart attacks or strokes in the 
line of duty or within 24 hours of a triggering effect while on duty 
regardless of whether a traumatic injury is present at the time of the 
heart attack or stroke are eligible to receive financial assistance.
  I was serving my first term in the Senate when this program was 
established, and I firmly believe that this is what Congress meant for 
the survivors of our Nation's first responders to receive through the 
Public Safety Officers Benefits Program.
  Heart attack and cardiac related deaths account for almost half of 
all firefighter fatalities--between 45-50 deaths--and an average of 13 
police officer deaths each year. Yet the families of these fallen 
heroes are rarely eligible to receive PSOB benefits.
  In January 1978, special Deputy Sheriff Bernard Demag of the 
Chittenden County Sheriff's Office in Vermont suffered a fatal heart 
attack within two hours of his chase and apprehension of an escaped 
juvenile whom he had been transporting. Mr. Demag's family spent nearly 
two decades fighting in court for workers' compensation death benefits 
all to no avail. Clearly, we should be treating surviving family 
members of officers who die in the line of duty with more decency and 
respect.
  Public safety is dangerous, exhausting, and stressful work. A first 
responder's chances of suffering a heart attack or stroke greatly 
increase when he or she puts on heavy equipment and rushes into a 
burning building to fight a fire and save lives. The families of these 
brave public servants deserve to participate in the PSOB Program if 
their loved ones die of a heart attack or other cardiac related 
ailments while selflessly protecting us from harm.
  First responders across the country now face a new series of 
challenges as they respond to millions of emergency calls this year. 
They do this with an unwavering commitment to the safety of their 
fellow citizens, and are forever willing to selflessly sacrifice their 
own lives to protect the lives and property of their fellow citizens. 
It is time for the Senate to show its support and appreciation for 
these extraordinarily brave and heroic public safety officers by 
passing the Hometown Heroes Survivors Benefit Act.
  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. 459

       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 ``Hometown Heroes Survivors 
     Benefits Act of 2003''.

     SEC. 2. FATAL HEART ATTACK OR STROKE ON DUTY PRESUMED TO BE 
                   DEATH IN LINE OF DUTY FOR PURPOSES OF PUBLIC 
                   SAFETY OFFICER SURVIVOR BENEFITS.

       Section 1201 of the Omnibus Crime Control and Safe Streets 
     Act of 1968 (42 U.S.C. 3796) is amended by adding at the end 
     the following:
       ``(k) For purposes of this section, if a public safety 
     officer dies as the direct and proximate result of a heart 
     attack or stroke suffered while on duty, or not later than 24 
     hours after participating in a training exercise or 
     responding to an emergency situation, that officer shall be 
     presumed to have died as the direct and proximate result of a 
     personal injury sustained in the line of duty.''.

     SEC. 3. APPLICABILITY.

       Section 1201(k) of the Omnibus Crime Control and Safe 
     Streets Act of 1968, as added by section 2, shall apply to 
     deaths occurring on or after January 1, 2003.
                                 ______
                                 
      By Mrs. FEINSTEIN (for herself, Mr. McCain, Mr. Kyl, Mr. Schumer, 
        Mrs. Boxer, Mrs. Hutchison, Mr. Bingaman, and Mr. Domenici):
  S. 460. A bill to amend the Immigration and Nationality Act to 
authorize appropriations for fiscal years 2004 through 2010 to carry 
out the State Criminal Alien Assistance Program; to the Committee on 
the Judiciary.
  Mrs. FEINSTEIN. 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. 460

       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 ``State Criminal Alien 
     Assistance Program Reauthorization Act of 2003''.

     SEC. 2. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEARS 2004 
                   THROUGH 2010.

       Section 241(i)(5) of the Immigration and Nationality Act (8 
     U.S.C. 1231(i)(5)) is amended by striking ``appropriated'' 
     and all that follows through the period and inserting the 
     following: ``appropriated to carry out this subsection--
       ``(A) such sums as may be necessary for fiscal year 2003;
       ``(B) $750,000,000 for fiscal year 2004;
       ``(C) $850,000,000 for fiscal year 2005; and
       ``(D) $950,000,000 for each of the fiscal years 2006 
     through 2010.''.

  Mr. McCAIN. Mr. President, I have long worked with my colleagues from 
Arizona and other border states to address issues, from health care to 
crime, that are associated with illegal immigration. In the 107th 
Congress, I joined Senator Feinstein, Senator Kyl, and a bipartisan 
group of Senators to reauthorize the State Criminal Alien Assistance 
Program, SCAAP, to ensure that the Federal Government reimbursed States 
for the costs wrongly borne by local communities for the incarceration 
of undocumented immigrants. That bill was based on the premise that 
control of illegal immigration is principally the responsibility of the 
Federal Government.
  Last November, that legislation was incorporated into the 21st 
Century Department of Justice Authorization Act. Despite its enactment, 
States and local governments continue to disproportionately bear the 
costs associated with incarcerating illegal immigrants. As undocumented 
aliens take increasingly desperate measures to cross our border with 
Mexico, the burden borne by States along the Southwestern border 
continues to grow.
  The Federal Government's attempt to stem illegal immigration in Texas 
and California has made it increasingly difficult to cross the border 
in these States. Unfortunately, these actions have created a funnel 
effect, giving Arizona the dubious distinction of being the location of 
choice for illegal border crossers. Reports suggest that at least one 
in three of the illegal border crossers arrested traversing the U.S.-
Mexico border are stopped in Arizona. Last year approximately 320 
people died in the desert trying to cross the border. Additionally, the 
number of attacks on National Park Service Officers has increased in 
recent years. Property crimes are rampant along the border, leaving 
Arizona with the highest per-capita auto theft rate in the nation. 
Times have gotten so desperate that vigilante groups have begun to form 
with the goal of doing the job the Federal Government is failing to do.
  The situation along our Southwestern border has reached a crisis. I 
will continue to support legislative initiatives aimed at addressing 
the problems that stem from illegal immigration. However, I strongly 
believe that the Federal Government desperately needs innovative 
legislation to address the source of this problem through a guest 
worker program. In the absence of guest worker legislation, we must 
continue supporting important programs, such as SCAAP, that assist the 
border States where the Federal Government has failed.
  Covering the cost of incarcerating illegal immigrants is yet another 
underfunded Federal mandate thrust upon struggling State governments. 
Less than two weeks ago, States were struck an enormous blow when the 
funding for SCAAP was cut in half by the FY 2003 Omnibus appropriations 
bill signed into law by the President.

[[Page 4652]]

For my own State of Arizona, this means that rather than the $24 
million reimbursement Arizona received in FY 2002--which barely covered 
one third of the actual cost borne by the State--at best Arizona can 
hope to receive half that amount. Even more disconcerting are recent 
suggestions that this program should be cut completely, because it does 
not fit within the mission of the Department of Justice.
  I believe that SCAAP is absolutely necessary for all States, 
particularly those that line our Nation's Southern border. For that 
reason, Senator Feinstein and I are today introducing the State 
Criminal Alien Assistance Program Reauthorization Act of 2003. I am 
grateful for the opportunity to work with Senator Feinstein, Senator 
Kyl, and Congressman Kolbe, who has introduced the companion to this 
bill in the House of Representatives, to correct this problem. The bill 
we are introducing today will extend the authorization of SCAAP through 
2010 and to authorize increased funding levels to ensure that States 
are not shortchanged and funding for this important program continues 
to increase.
  At a time when most states are experiencing the worst budge 
shortfalls since the Great Depression, the Federal Government must stop 
shirking the cost for what is truly a Federal responsibility. It is 
time for us to step up to the plate and reimburse states and local 
communities for the costs of our failure to adequately address illegal 
immigration.
                                 ______
                                 
      By Mr. DORGAN (for himself, Mr. Lieberman, Mrs. Clinton, Mr. 
        Kerry, Mr. Jeffords, Mr. Corzine, Mr. Conrad, and Mr. Akaka):
  S. 461. A bill to establish a program to promote hydrogen fuel cells, 
and for other purposes; to the Committee on Finance.
  Mr. DORGAN. 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. 461

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

     SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Hydrogen 
     Fuel Cell Act of 2003''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title and table of contents.
Sec. 2. Findings.
Sec. 3. Purposes.
Sec. 4. Definitions.

  TITLE I--HYDROGEN AND FUEL CELL TECHNOLOGY RESEARCH AND DEVELOPMENT

Sec. 101. Definitions.
Sec. 102. Hydrogen and fuel cell research and development.
Sec. 103. Coordination and consultation.
Sec. 104. Advisory committee.
Sec. 105. Report to Congress.
Sec. 106. National Academy of Sciences review.
Sec. 107. Authorization of appropriations for hydrogen production, 
              storage, and transport.
Sec. 108. Authorization of appropriations for fuel cell technologies.

                    TITLE II--DEMONSTRATION PROGRAMS

Sec. 201. Fuel cell vehicle demonstration program.
Sec. 202. Heavy duty fuel cell vehicle fleet demonstration program.
Sec. 203. Tribal stationary hybrid power demonstration.
Sec. 204. Stationary fuel cell grant demonstration program.

                  TITLE III--FEDERAL PURCHASE PROGRAM

Sec. 301. Procurement of fuel cell vehicles.
Sec. 302. Federal stationary fuel cell power purchase program.
Sec. 303. Establishment of an interagency task force.

                TITLE IV--REMOVAL OF REGULATORY BARRIERS

Sec. 401. Amendments to PURPA.
Sec. 402. Net metering.
Sec. 403. Department of Energy study.

       TITLE V--TAX INCENTIVES FOR HYDROGEN FUEL CELL TECHNOLOGY

Sec. 501. Hydrogen fuel cell motor vehicle credit.
Sec. 502. Credit for installation of hydrogen fuel cell motor vehicle 
              fueling stations.
Sec. 503. Credit for residential fuel cell property.
Sec. 504. Credit for business installation of qualified fuel cells.

                    TITLE VI--EDUCATION AND OUTREACH

Sec. 601. Education and outreach.

                   TITLE VII--TARGETS AND TIMETABLES

Sec. 701. Department of Energy strategy.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) The United States currently imports approximately 55 
     percent of the oil it consumes.
       (2) At present trends, reliance on foreign oil will 
     increase to 68 percent by 2025.
       (3) Nearly all of the cars and trucks run on gasoline, and 
     they are the main reason the United States imports so much 
     oil.
       (4) Two-thirds of the 20,000,000 barrels of oil Americans 
     use each day is used for transportation.
       (5) Hydrogen fuel cell vehicles offer the best hope of 
     dramatically reducing our dependence on foreign oil, 
     increasing our energy security, and enhancing our 
     environmental protection.
       (6) In the spirit of the Apollo project that put a man on 
     the moon, the United States must commit the necessary 
     resources to develop and commercialize hydrogen fuel cell 
     vehicles, in partnership with the private sector.
       (7) In developing hydrogen fuel cell vehicles, the United 
     States must also support the development and 
     commercialization of stationary fuel cells to power homes and 
     other buildings, so as to diversify energy sources, better 
     protect the environment, provide assured power, and 
     accelerate implementation of fuel cell technology generally.

     SEC. 3. PURPOSES.

       The purposes of this Act are--
       (1) to promote the comprehensive development, 
     demonstration, and commercialization of hydrogen-powered fuel 
     cells in partnership with industry;
       (2) to increase our Nation's energy independence, and 
     energy and national security in doing so;
       (3) to develop a sustainable national energy strategy;
       (4) to protect and strengthen the Nation's economy and 
     standard of living;
       (5) to reduce the environmental impacts of energy 
     production, distribution, transportation, and use; and
       (6) to leverage financial resources through the use of 
     public-private partnerships.

     SEC. 4. DEFINITIONS.

       As used in this Act--
       (1) the term ``critical technology'' means a technology 
     that, in the opinion of the Secretary, requires understanding 
     and development in order to take the next step needed in the 
     development of hydrogen as an economic fuel or storage medium 
     or in the development of fuel cell technologies as a 
     transportation mode;
       (2) the term ``fuel cell vehicle'' means a vehicle that 
     derives all, or a significant part, of its propulsion energy 
     from 1 or more fuel cells; and
       (3) the term ``Secretary'' means the Secretary of Energy.

  TITLE I--HYDROGEN AND FUEL CELL TECHNOLOGY RESEARCH AND DEVELOPMENT

     SEC. 101. DEFINITIONS.

       As used in this title--
       (1) the term ``advisory committee'' means the advisory 
     committee established under section 105; and
       (2) the term ``critical technical issue'' means an issue 
     that, in the opinion of the Secretary, requires understanding 
     and development in order to take the next step needed in the 
     development of hydrogen as an economic fuel or storage medium 
     or in the development of fuel cell technologies as a 
     transportation mode.

     SEC. 102. HYDROGEN AND FUEL CELL RESEARCH AND DEVELOPMENT.

       (a) Programs.--
       (1) Hydrogen energy research and development program.--The 
     Secretary shall, in consultation with the private sector, 
     conduct a research and development program relating to the 
     production, storage, distribution, and use of hydrogen 
     energy, including fueling infrastructure, with the goal of 
     enabling the private sector to demonstrate and commercialize 
     the use of hydrogen for transportation, industrial, 
     commercial, residential, and utility applications.
       (2) Fuel cell technology research and development 
     program.--The Secretary shall conduct fuel cell technology 
     research and development, with the goal of commercializing 
     fuel cell vehicles and stationary fuel cells. The program 
     shall include advanced materials, interfaces and electronics, 
     lower cost and advanced design, balance of plant, enhanced 
     manufacturing processes, reforming capability, and analysis 
     and integration of systems.
       (b) Elements.--In conducting the programs authorized by 
     this section, the Secretary shall--
       (1) initiate or accelerate research and development 
     concerning critical technical issues that will contribute to 
     the development of more economical and environmentally sound 
     fuel cell vehicles and hydrogen energy systems, including 
     critical technical issues with respect to--
       (A) production, with consideration of cost-effective and 
     market-efficient production from renewable energy sources;

[[Page 4653]]

       (B) transmission and distribution;
       (C) storage, including storage of hydrogen for surface 
     transportation applications; and
       (D) use, including use in--
       (i) surface transportation;
       (ii) fuel cells and components;
       (iii) fueling infrastructure;
       (iv) stationary applications; and
       (v) isolated villages, islands, and communities in which 
     other energy sources are not available or are very expensive;
       (2) give particular attention to resolving critical 
     technical issues preventing the introduction of hydrogen 
     energy and fuel cell vehicles into the marketplace; and
       (3) survey private sector hydrogen energy and fuel cell 
     research and development activities worldwide and take steps 
     to ensure that such activities under this section--
       (A) enhance rather than unnecessarily duplicate any 
     available research and development; and
       (B) complement rather than displace or compete with the 
     privately funded hydrogen energy or fuel cell research and 
     development activities of United States industry.
       (c) Federal Funding.--The Secretary shall carry out the 
     research and development activities authorized under this 
     section using a competitive merit review process.
       (d) Cost Sharing.--
       (1) In general.--The Secretary shall require a commitment 
     from non-Federal sources of at least 20 percent of the cost 
     of proposed research and development projects under this 
     section.
       (2) Reduction or elimination.--The Secretary may reduce or 
     eliminate the cost sharing requirement under subsection 
     (d)(1)--
       (A) if the Secretary determines that the research and 
     development is of a basic or fundamental nature; or
       (B) for technical analyses, outreach activities, and 
     educational programs that the Secretary does not expect to 
     result in a marketable product.

     SEC. 103. COORDINATION AND CONSULTATION.

       (a) Secretary's Responsibility.--The Secretary shall have 
     overall management responsibility for carrying out programs 
     under this Act. In carrying out such programs, the Secretary, 
     consistent with such overall management responsibility--
       (1) shall establish a central point for the coordination of 
     all hydrogen energy and fuel cell research, development, and 
     demonstration activities of the Department of Energy; and
       (2) may use the expertise of any other Federal agency in 
     accordance with subsection (b) in carrying out any activities 
     under this Act, to the extent that the Secretary determines 
     that any such agency has capabilities which would allow such 
     agency to contribute to the purposes of this Act.
       (b) Assistance.--The Secretary may, in accordance with 
     subsection (a), obtain the assistance of any Federal agency 
     upon written request, on a reimbursable basis or otherwise 
     and with the consent of such agency. Each such request shall 
     identify the assistance the Secretary considers necessary to 
     carry out any duty under this Act.
       (c) Consultation.--The Secretary shall consult with other 
     Federal agencies as appropriate, and the advisory committee, 
     in carrying out the Secretary's authorities pursuant to this 
     Act.

     SEC. 104. ADVISORY COMMITTEE.

       (a) Establishment.--There is hereby established a Technical 
     Advisory Committee to advise the Secretary on the programs 
     under this Act and under title II of the Hydrogen Future Act 
     of 1996, to remain in existence for the duration of such 
     programs.
       (b) Membership.--
       (1) In general.--The advisory committee shall be comprised 
     of not fewer than 9 nor more than 15 members appointed by the 
     Secretary, and shall be comprised of such representatives 
     from domestic industry, universities, professional societies, 
     Government laboratories, and financial, environmental, and 
     other organizations as the Secretary considers appropriate 
     based on the Secretary's assessment of the technical and 
     other qualifications of such representatives.
       (2) Terms.--
       (A) In general.--The term of a member of the advisory 
     committee shall not be more than 3 years.
       (B) Staggered terms.--The Secretary may appoint members of 
     the advisory committee in a manner that allows the terms of 
     the members serving at any time to expire at spaced intervals 
     so as to ensure continuity in the functioning of the advisory 
     committee.
       (C) Reappointment.--A member of the advisory committee 
     whose term expires may be reappointed.
       (3) Chairperson.--The advisory committee shall have a 
     chairperson, who shall be elected by the members from among 
     their number.
       (c) Cooperation.--The heads of Federal agencies shall 
     cooperate with the advisory committee in carrying out the 
     requirements of this section and shall furnish to the 
     advisory committee such information as the advisory committee 
     considers necessary to carry out this section.
       (d) Review.--The advisory committee shall review and make 
     any necessary recommendations to the Secretary on--
       (1) the implementation and conduct of programs under this 
     title;
       (2) the economic, technological, and environmental 
     consequences of the deployment of technologies under this 
     title; and
       (3) means for removing barriers to implementing the 
     technologies and programs under this title.
       (e) Response to Recommendations.--The Secretary shall 
     consider, but need not adopt, any recommendations of the 
     advisory committee under subsection (d). The Secretary shall 
     either describe the implementation, or provide an explanation 
     of the reasons that any such recommendations will not be 
     implemented, in the report to Congress under section 103(b).
       (f) Support.--The Secretary shall provide such staff, 
     funds, and other support as may be necessary to enable the 
     advisory committee to carry out its functions.

     SEC. 105. REPORT TO CONGRESS.

       (a) Report.--
       (1) Requirement.--Not later than 1 year after the date of 
     enactment of this Act and biennially thereafter, the 
     Secretary shall transmit to Congress a detailed report on the 
     status and progress of the programs authorized under this 
     title.
       (2) Contents.--A report under paragraph (1) shall include, 
     in addition to any views and recommendations of the 
     Secretary--
       (A) an assessment of the effectiveness of the programs 
     authorized under this Act;
       (B) recommendations of the advisory committee for any 
     improvements in the program that are needed, including 
     recommendations for additional legislation; and
       (C) to the extent practicable, an analysis of Federal, 
     State, local, and private sector hydrogen- and fuel cell-
     related research, development, and demonstration activities 
     to identify productive areas for increased intergovernmental 
     and private-public sector collaboration.

     SEC. 106. NATIONAL ACADEMY OF SCIENCES REVIEW.

       Beginning 2 years after the date of enactment of this Act, 
     and every 4 years thereafter, the National Academy of 
     Sciences shall perform a review of the progress made through 
     the programs and activities authorized under this Act and 
     title II of the Hydrogen Future Act of 1996, and shall report 
     to Congress on the results of such reviews.

     SEC. 107. AUTHORIZATION OF APPROPRIATIONS FOR HYDROGEN 
                   PRODUCTION, STORAGE, AND TRANSPORT.

       There are authorized to be appropriated to carry out 
     hydrogen production, storage, and transport activities under 
     this title (in addition to any amounts made available for 
     such purposes under other Acts)--
       (1) $200,000,000 for fiscal year 2004;
       (2) $200,000,000 for fiscal year 2005;
       (3) $200,000,000 for fiscal year 2006;
       (4) $200,000,000 for fiscal year 2007;
       (5) $100,000,000 for fiscal year 2008;
       (6) $100,000,000 for fiscal year 2009;
       (7) $100,000,000 for fiscal year 2010;
       (8) $75,000,000 for fiscal year 2011;
       (9) $75,000,000 for fiscal year 2012; and
       (10) $50,000,000 for fiscal year 2013.

     SEC. 108. AUTHORIZATION OF APPROPRIATIONS FOR FUEL CELL 
                   TECHNOLOGIES.

       There are authorized to be appropriated to the Secretary 
     for fuel cell technology activities under this title--
       (1) $200,000,000 for fiscal year 2004;
       (2) $250,000,000 for fiscal year 2005;
       (3) $250,000,000 for fiscal year 2006;
       (4) $200,000,000 for fiscal year 2007;
       (5) $100,000,000 for fiscal year 2008;
       (6) $100,000,000 for fiscal year 2009;
       (7) $100,000,000 for fiscal year 2010;
       (8) $75,000,000 for fiscal year 2011;
       (9) $75,000,000 for fiscal year 2012; and
       (10) $50,000,000 for fiscal year 2013.

                    TITLE II--DEMONSTRATION PROGRAMS

     SEC. 201. FUEL CELL VEHICLE DEMONSTRATION PROGRAM.

       (a) Program.--The Secretary shall establish a cost shared 
     program to purchase, operate, and evaluate fuel cell vehicles 
     in integrated service in Federal, tribal, State, local, or 
     private fleets to demonstrate the viability of fuel cell 
     vehicles in commercial use in a range of climates, duty 
     cycles, and operating environments.
       (b) Cooperative Agreements.--In carrying out the program, 
     the Secretary may enter into cooperative agreements with 
     Federal, tribal, State, local agencies, or private entities 
     and manufacturers of fuel cell vehicles.
       (c) Components.--The program shall include the following 
     components:
       (1) Selection of pilot fleet sites.--
       (A) In general.--The Secretary shall--
       (i) consult with fleet managers to identify potential fleet 
     sites; and
       (ii) select 10 or more sites at which to carry out the 
     program.
       (B) Criteria.--The criteria for selecting fleet sites shall 
     include--
       (i) geographic diversity;
       (ii) a wide range of climates, duty cycles, and operating 
     environments;
       (iii) the interest and capability of the participating 
     agencies or entities;
       (iv) the appropriateness of a site for refueling 
     infrastructure and for maintaining the fuel cell vehicles; 
     and
       (v) such other criteria as the Secretary determines to be 
     necessary to the success of the program.
       (C) Federal sites.--At least 2 of the projects must be at 
     Federal sites.

[[Page 4654]]

       (2) Fueling infrastructure.--
       (A) In general.--The Secretary shall support the 
     installation of the necessary refueling infrastructure at the 
     fleet sites.
       (B) Co-production of hydrogen and electricity pilot 
     projects.--Priority shall be given to pilot projects that 
     integrate--
       (i) both vehicles and stationary electricity production; or
       (ii) hydrogen production, storage, and distribution systems 
     with end-use applications.
       (3) Purchase of fuel cell vehicles.--The Secretary, in 
     consultation with the participating agencies, tribal, State, 
     or local agency, academic institution, or private entity, 
     shall purchase fuel cell vehicles for the program by 
     competitive bid.
       (4) Operation and maintenance period.--The fuel cell 
     vehicles shall be operated and maintained by the 
     participating agencies or entities in regular duty cycles for 
     a period of not less than 12 months.
       (5) Data collection, analysis, and dissemination.--
       (A) Agreements.--The Secretary shall enter into agreements 
     with participating agencies, academic institutions, or 
     private sector entities providing for the collection of 
     proprietary and nonproprietary information with the program.
       (B) Public availability.--The Secretary shall make 
     available to all interested persons technical nonproprietary 
     information and analyses collected under an agreement under 
     subparagraph (A).
       (C) Proprietary information.--The Secretary shall not 
     disclose to the public any proprietary information or 
     analyses collected under an agreement under subparagraph (A).
       (6) Training and technical support.--The Secretary shall 
     provide such training and technical support as fleet managers 
     and fuel cell vehicle operators require to assure the success 
     of the program, including training and technical support in--
       (A) the installation, operation, and maintenance of fueling 
     infrastructure;
       (B) the operation and maintenance of fuel cell vehicles; 
     and
       (C) data collection.
       (d) Coordination.--The Secretary shall ensure coordination 
     of the program with other Federal fuel cell demonstration 
     programs to improve efficiency, share infrastructure, and 
     avoid duplication of effort.
       (e) Cost Sharing.--
       (1) In general.--The Secretary shall require a 50 percent 
     financial commitment from participating private-sector 
     companies or other non-Federal sources for participation in 
     the program.
       (2) Commitments.--The Secretary may require a financial 
     commitment from participating agencies or entities based on 
     the avoided costs for purchase, operation, and maintenance of 
     traditional vehicles and refueling infrastructure.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section--
       (1) $40,000,000 for fiscal year 2004;
       (2) $100,000,000 for fiscal year 2005;
       (3) $115,000,000 for fiscal year 2006;
       (4) $115,000,000 for fiscal year 2007;
       (5) $95,000,000 for fiscal year 2008;
       (6) $30,000,000 for fiscal year 2009; and
       (7) $15,000,000 for fiscal year 2010.

     SEC. 202. HEAVY DUTY FUEL CELL VEHICLE FLEET DEMONSTRATION 
                   PROGRAM.

       (a) Establishment of Program.--The Secretary, in 
     consultation with other Federal agencies, shall establish a 
     program for entering into cooperative agreements with the 
     private sector to demonstrate fuel cell-powered buses, trucks 
     and other heavy duty vehicles.
       (b) Cost Sharing.--The non-Federal contribution for 
     activities funded under this section shall be not less than--
       (1) 20 percent for fuel infrastructure development 
     activities; and
       (2) 50 percent for demonstration activities and for 
     development activities not described in paragraph (1).
       (c) Reports to Congress.--Not later than 2 years after the 
     date of the enactment of this Act, and not later than October 
     1, 2009, the Secretary, in consultation with other Federal 
     agencies, shall transmit to the appropriate congressional 
     committees a report that--
       (1) evaluates the process of developing infrastructure to 
     accommodate fuel cell-powered buses, trucks, and heavy duty 
     vehicles; and
       (2) assesses the results of the demonstration program under 
     this section.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary for carrying out this 
     demonstration program, to remain available until expended--
       (1) $60,000,000 for fiscal year 2004;
       (2) $90,000,000 for fiscal year 2005;
       (3) $175,000,000 for fiscal year 2006;
       (4) $175,000,000 for fiscal year 2007;
       (5) $175,000,000 for fiscal year 2008;
       (6) $135,000,000 for fiscal year 2009; and
       (7) $40,000,000 for fiscal year 2010.

     SEC. 203. TRIBAL STATIONARY HYBRID POWER DEMONSTRATION.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary, in cooperation with 
     Tribes, shall develop and transmit to Congress a strategy for 
     a demonstration and commercial application program to develop 
     hybrid distributed power systems on tribal lands that 
     combine--
       (1) one renewable electric power generating technology of 2 
     megawatts or less located near the site of electric energy 
     use; and
       (2) fuel cell power generation suitable for use in 
     distributed power systems.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated for activities under this section--
       (1) $1,000,000 for fiscal year 2005;
       (2) $5,000,000 for fiscal year 2006;
       (3) $5,000,000 for fiscal year 2007;
       (4) $4,000,000 for fiscal year 2008;
       (5) $3,000,000 for fiscal year 2009; and
       (6) $2,000,000 for fiscal year 2010.

     SEC. 204. STATIONARY FUEL CELL GRANT DEMONSTRATION PROGRAM.

       (a) Solicitation of Proposals.--The Secretary shall solicit 
     proposals for projects demonstrating hydrogen technologies 
     needed to operate fuel cells in Federal, tribal, State, and 
     local government, and academic, and private stationary 
     applications.
       (b) Competitive Evaluation.--Each proposal submitted in 
     response to the solicitation under this section shall be 
     evaluated on a competitive basis using peer review. The 
     Secretary is not required to make an award under this section 
     in the absence of a meritorious proposal.
       (c) Preference.--The Secretary shall give preference, in 
     making an award under this section, to proposals that--
       (1) are submitted jointly from consortia including academic 
     institutions, industry, State or local governments, and 
     Federal laboratories; and
       (2) reflect proven experience and capability with 
     technologies relevant to the projects proposed.
       (d) Non-Federal Share.--
       (1) In general.--Except as provided in paragraph (2), the 
     Secretary shall require a commitment from non-Federal sources 
     of at least 50 percent of the costs directly relating to a 
     demonstration project under this section.
       (2) Reduction.--The Secretary may reduce the non-Federal 
     requirement under paragraph (1) if the Secretary determines 
     that the reduction is appropriate considering the 
     technological risks involved in the project.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section--
       (1) $45,000,000 for fiscal year 2004;
       (2) $85,000,000 for fiscal year 2005;
       (3) $95,000,000 for fiscal year 2006;
       (4) $95,000,000 for fiscal year 2007;
       (5) $65,000,000 for fiscal year 2008;
       (6) $50,000,000 for fiscal year 2009; and
       (7) $15,000,000 for fiscal year 2010.

                  TITLE III--FEDERAL PURCHASE PROGRAM

     SEC. 301. PROCUREMENT OF FUEL CELL VEHICLES.

       (a) Transition Plan.--Each agency of the Federal Government 
     that maintains a fleet of motor vehicles shall develop a plan 
     for a transition of the fleet to vehicles powered by fuel 
     cell technology, including plans for necessary fueling 
     infrastructure, training, and maintenance and operation of 
     such vehicles. Each such plan shall include implementation 
     beginning no later than fiscal year 2008. Each plan shall 
     incorporate and build on the results of completed and ongoing 
     Federal demonstration programs, and shall include additional 
     demonstration programs and pilot programs as necessary to 
     test or investigate available technologies and transition 
     procedures.
       (b) Requirement.--The Secretary, in collaboration with the 
     General Services Administration and other Federal agencies, 
     shall purchase and place 20,000 hydrogen-powered fuel cell 
     vehicles by 2010 in Federal fleets and the requisite fueling 
     infrastructure.
       (c) Exceptions.--The head of an executive agency is not 
     required to procure a fuel cell vehicle under subsection (c) 
     if--
       (1) no fuel cell vehicle is available that meets the 
     requirements of the executive agency; or
       (2) it is not practicable to do so for a particular agency 
     or instance.
       (d) Procurement Planning.--The head of an executive agency 
     shall incorporate into the specifications for all designs and 
     procurements, and into the factors for the evaluation of 
     offers received for the procurement, criteria for fuel cell 
     vehicles that are consistent with vehicle purchasing 
     requirements.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section--
       (1) $10,000,000 for fiscal year 2005;
       (2) $15,000,000 for fiscal year 2006;
       (3) $50,000,000 for fiscal year 2007;
       (4) $150,000,000 for fiscal year 2008;
       (5) $175,000,000 for fiscal year 2009;
       (6) $170,000,000 for fiscal year 2010;
       (7) $110,000,000 for fiscal year 2011;
       (8) $65,000,000 for fiscal year 2012; and
       (9) $55,000,000 for fiscal year 2013.

     SEC. 302. FEDERAL STATIONARY FUEL CELL POWER PURCHASE 
                   PROGRAM.

       (a) Program.--The Secretary shall establish a program 
     within 1 year after the date of enactment of this Act for the 
     acquisition by Federal agencies of--
       (1) up to 200 megawatts of commercially available fuel cell 
     power plants;

[[Page 4655]]

       (2) up to 200 megawatts of power generated from 
     commercially available fuel cell power plants; or
       (3) a combination thereof, by 2006 and annually thereafter 
     for use at federally-owned or -operated facilities, Federal 
     residences, and Federal portable applications. The Secretary 
     shall provide funding for purchase, site engineering, 
     installation, startup, training, operation, and maintenance 
     costs associated with the acquisition of such power or power 
     plants, along with any other necessary assistance.
       (b) Domestic Assembly.--All fuel cell systems in power 
     plants acquired, or from which power is acquired, under 
     subsection (a) shall be assembled in the United States.
       (c) Site Selection.--In the selection of federally-owned or 
     -operated facilities as a site for the location of power 
     plants acquired under this section, or as a site to receive 
     power acquired under this section, priority shall be given to 
     sites with 1 or more of the following attributes:
       (1) Location (of the Federal facility or the generating 
     power plant) in an area classified as a nonattainment area 
     under title I of the Clean Air Act.
       (2) Computer or electronic operations that are sensitive to 
     power supply disruptions.
       (3) Need for a reliable, uninterrupted power supply.
       (4) Academic institution.
       (5) Rural or remote location, or other factors requiring 
     off-grid power generation.
       (6) Critical manufacturing or other activities that support 
     national security efforts.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section--
       (1) $5,000,000 for fiscal year 2004;
       (2) $10,000,000 for fiscal year 2005;
       (3) $15,000,000 for fiscal year 2006;
       (4) $50,000,000 for fiscal year 2007;
       (5) $75,000,000 for fiscal year 2008;
       (6) $85,000,000 for fiscal year 2009;
       (7) $75,000,000 for fiscal year 2010;
       (8) $50,000,000 for fiscal year 2011;
       (9) $25,000,000 for fiscal year 2012; and
       (10) $10,000,000 for fiscal year 2013.
       (e) Life Cycle Cost Benefit.--Any life cycle cost benefit 
     analysis undertaken by a Federal agency with respect to 
     investments in fuel cell products, services, construction, 
     and other projects shall include an analysis of 
     environmental, power reliability, and oil dependence factors.

     SEC. 303. ESTABLISHMENT OF AN INTERAGENCY TASK FORCE.

       (a) Establishment.--Not later than 120 days after the date 
     of enactment of this Act, the Secretary shall establish an 
     interagency task force led by the Secretary's designee and 
     comprised of representatives of--
       (1) the Office of Science and Technology Policy;
       (2) the Department of Transportation;
       (3) the Department of Defense;
       (4) the Department of Commerce (including the National 
     Institute of Standards and Technology);
       (5) the Environmental Protection Agency;
       (6) the National Aeronautics and Space Administration; and
       (7) other Federal agencies as appropriate.
       (b) Duties.--The task force shall develop a plan for 
     carrying out titles II and III.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     the requirements of this section.

                TITLE IV--REMOVAL OF REGULATORY BARRIERS

     SEC. 401. AMENDMENTS TO PURPA.

       (a) Adoption of Standards.--Section 113(b) of the Public 
     Utility Regulatory Policies Act of 1978 (16 U.S.C. 2623(b)) 
     is amended by adding at the end the following:
       ``(6) Distributed generation.--Each electric utility shall 
     provide distributed generation, combined heat and power, and 
     district heating and cooling systems competitive access to 
     the local distribution grid and competitive pricing of 
     service, and shall use simplified standard contracts for the 
     interconnection of generating facilities that have a power 
     production capacity of 250 kilowatts or less per unit.
       ``(7) Distribution interconnections.--No electric utility 
     may refuse to interconnect a generating facility with the 
     distribution facilities of the electric utility if the owner 
     or operator of the generating facility complies with 
     procedures adopted by the State regulatory authority and 
     agrees to pay the costs established by such State regulatory 
     authority.
       ``(8) Minimum fuel and technology diversity standard.--Each 
     electric utility shall develop a plan to minimize dependence 
     on 1 fuel source and to ensure that the electric energy it 
     sells to consumers is generated using a diverse range of 
     fuels and technologies, including renewable and high-
     efficiency technologies.
       ``(9) Prohibited rates and charges.--No electric utility 
     shall charge the owner or operator of an on-site generating 
     facility an additional standby, capacity, interconnection, or 
     other rate or charge.''.
       (b) Time for Adopting Standards.--Section 113 of the Public 
     Utility Regulatory Policies Act of 1978 (16 U.S.C. 2623) is 
     further amended by adding at the end the following:
       ``(d) Special Rule.--For purposes of implementing 
     paragraphs (6), (7), (8), and (9) of subsection (b), any 
     reference contained in this section to the date of enactment 
     of the Public Utility Regulatory Policies Act of 1978, shall 
     be deemed to be a reference to the date of enactment of this 
     subsection.''.

     SEC. 402. NET METERING.

       (a) Adoption of Standard.--Section 111(d) of the Public 
     Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) 
     is amended by adding at the end the following:
       ``(11) Net metering.--(A) Each electric utility shall make 
     available upon request net metering service to any electric 
     consumer that the electric utility serves.
       ``(B) For purposes of implementing this paragraph, any 
     reference contained in this section to the date of enactment 
     of the Public Utility Regulatory Policies Act of 1978, shall 
     be deemed to be a reference to the date of enactment of this 
     paragraph.
       ``(C) The Commission shall implement the standards set out 
     in this section not later than 1 year after the date of 
     enactment of this paragraph. Notwithstanding subsections (b) 
     and (c) of section 112, a State may adopt alternative 
     standards or procedures regarding net metering as defined in 
     this section; provided that net metering service, pursuant to 
     standards and procedures adopted by the Commission, shall be 
     available to any electric consumer within any State 
     notwithstanding the adoption by any State of such alternative 
     standards or procedures.
       ``(D) Notwithstanding subsections (b) and (c) of section 
     112, each State regulatory authority shall consider and make 
     a determination concerning whether it is appropriate to 
     implement the standard set out in subparagraph (A) not later 
     than 1 year after the date of enactment of this paragraph.''.
       (b) Special Rules for Net Metering.--Section 115 of the 
     Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 
     2625) is amended by adding at the end the following:
       ``(i) Net Metering.--
       ``(1) Rates and charges.--An electric utility--
       ``(A) shall charge the owner or operator of an on-site 
     generating facility rates and charges that are identical to 
     those that would be charged other electric consumers of the 
     electric utility in the same rate class to which the owner or 
     operator would be assigned if there were no on-site 
     generating facility; and
       ``(B) shall not charge the owner or operator of an on-site 
     generating facility any additional standby, capacity, 
     interconnection, or other rate or charge.
       ``(2) Measurement.--An electric utility that sells electric 
     energy to the owner or operator of an on-site generating 
     facility shall measure the quantity of electric energy 
     produced by the on-site facility, using a single meter unless 
     the electric utility can establish to the State regulatory 
     authority that a single meter is not technically feasible, 
     and the quantity of electric energy consumed by the owner or 
     operator of an on-site generating facility during a billing 
     period is in accordance with normal metering practices.
       ``(3) Electric energy supplied exceeding electric energy 
     generated.--If the quantity of electric energy sold by the 
     electric utility to an on-site generating facility exceeds 
     the quantity of electric energy supplied by the on-site 
     generating facility to the electric utility during the 
     billing period, the electric utility may bill the owner or 
     operator for the net quantity of electric energy sold, in 
     accordance with normal metering practices.
       ``(4) Electric energy generated exceeding electric energy 
     supplied.--If the quantity of electric energy supplied by the 
     on-site generating facility to the electric utility exceeds 
     the quantity of electric energy sold by the electric utility 
     to the on-site generating facility during the billing 
     period--
       ``(A) the electric utility may bill the owner or operator 
     of the on-site generating facility for the appropriate 
     charges for the billing period in accordance with paragraph 
     (2); and
       ``(B) the owner or operator of the on-site generating 
     facility shall be credited for the excess kilowatt-hours 
     generated during the billing period, with the kilowatt-hour 
     credit appearing on the bill for the following billing 
     period.
       ``(5) Safety and performance standards.--An eligible on-
     site generating facility and net metering system used by an 
     electric consumer shall be interconnected provided the 
     facility meets all applicable safety, performance, 
     reliability, and interconnection standards established by the 
     National Electrical Code, the Institute of Electrical and 
     Electronics Engineers, and Underwriters Laboratories.
       ``(6) Additional control and testing requirements.--The 
     Commission, after consultation with State regulatory 
     authorities and nonregulated electric utilities and after 
     notice and opportunity for comment, may adopt, by rule, 
     additional control and testing requirements for on-site 
     generating facilities and net metering systems that the 
     Commission determines are necessary to protect public safety 
     and system reliability.
       ``(7) Definitions.--For purposes of this subsection--
       ``(A) the term `eligible on-site generating facility' 
     means--

[[Page 4656]]

       ``(i) a facility on the site of a residential electric 
     consumer with a maximum generating capacity of 10 kilowatts 
     or less per unit that is fueled by solar energy, wind energy, 
     or fuel cells; or
       ``(ii) a facility on the site of a commercial electric 
     consumer with a maximum generating capacity of 500 kilowatts 
     or less per unit that is fueled solely by a renewable energy 
     resource, landfill gas, or a high efficiency system;
       ``(B) the term `renewable energy resource' means solar, 
     wind, biomass, or geothermal energy;
       ``(C) the term `high efficiency system' means fuel cells or 
     combined heat and power; and
       ``(D) the term `net metering service' means service to an 
     electric consumer under which electric energy generated by 
     that electric consumer from an eligible on-site generating 
     facility and delivered to the local distribution facilities 
     may be used to offset electric energy provided by the 
     electric utility to the electric consumer during the 
     applicable billing period.''.

     SEC. 403. DEPARTMENT OF ENERGY STUDY.

       The Secretary, in consultation with other Federal agencies, 
     as appropriate, shall identify barriers to the introduction 
     of portable fuel cells, including regulatory barriers, and 
     take appropriate action to eliminate such barriers in a 
     timely fashion.

       TITLE V--TAX INCENTIVES FOR HYDROGEN FUEL CELL TECHNOLOGY

     SEC. 501. HYDROGEN FUEL CELL MOTOR VEHICLE CREDIT.

       (a) In General.--Subpart B of part IV of subchapter A of 
     chapter 1 of the Internal Revenue Code of 1986 (relating to 
     foreign tax credit, etc.) is amended by adding at the end the 
     following new section:

     ``SEC. 30B. HYDROGEN FUEL CELL MOTOR VEHICLE CREDIT.

       ``(a) Allowance of Credit.--There shall be allowed as a 
     credit against the tax imposed by this chapter for the 
     taxable year an amount equal to the new qualified hydrogen 
     fuel cell motor vehicle credit determined under subsection 
     (b).
       ``(b) New Qualified Hydrogen Fuel Cell Motor Vehicle 
     Credit.--
       ``(1) In general.--For purposes of subsection (a), the new 
     qualified hydrogen fuel cell motor vehicle credit determined 
     under this subsection with respect to a new qualified 
     hydrogen fuel cell motor vehicle placed in service by the 
     taxpayer during the taxable year is--
       ``(A) $4,000, if such vehicle has a gross vehicle weight 
     rating of not more than 8,500 pounds,
       ``(B) $10,000, if such vehicle has a gross vehicle weight 
     rating of more than 8,500 pounds but not more than 14,000 
     pounds,
       ``(C) $20,000, if such vehicle has a gross vehicle weight 
     rating of more than 14,000 pounds but not more than 26,000 
     pounds, and
       ``(D) $40,000, if such vehicle has a gross vehicle weight 
     rating of more than 26,000 pounds.
       ``(2) Increase for fuel efficiency.--
       ``(A) In general.--The amount determined under paragraph 
     (1)(A) with respect to a new qualified hydrogen fuel cell 
     motor vehicle which is a passenger automobile or light truck 
     shall be increased by--
       ``(i) $1,000, if such vehicle achieves at least 150 percent 
     but less than 175 percent of the 2000 model year city fuel 
     economy,
       ``(ii) $1,500, if such vehicle achieves at least 175 
     percent but less than 200 percent of the 2000 model year city 
     fuel economy,
       ``(iii) $2,000, if such vehicle achieves at least 200 
     percent but less than 225 percent of the 2000 model year city 
     fuel economy,
       ``(iv) $2,500, if such vehicle achieves at least 225 
     percent but less than 250 percent of the 2000 model year city 
     fuel economy,
       ``(v) $3,000, if such vehicle achieves at least 250 percent 
     but less than 275 percent of the 2000 model year city fuel 
     economy,
       ``(vi) $3,500, if such vehicle achieves at least 275 
     percent but less than 300 percent of the 2000 model year city 
     fuel economy, and
       ``(vii) $4,000, if such vehicle achieves at least 300 
     percent of the 2000 model year city fuel economy.
       ``(B) 2000 model year city fuel economy.--For purposes of 
     subparagraph (A), the 2000 model year city fuel economy with 
     respect to a vehicle shall be determined in accordance with 
     the following tables:
       ``(i) In the case of a passenger automobile:

                                                         The 2000 model
``If vehicle inertia                                     year city fuel
  weight class is:                                          economy is:
  1,500 or 1,750 lbs......................................43.7 mpg .

  2,000 lbs...............................................38.3 mpg .

  2,250 lbs...............................................34.1 mpg .

  2,500 lbs...............................................30.7 mpg .

  2,750 lbs...............................................27.9 mpg .

  3,000 lbs...............................................25.6 mpg .

  3,500 lbs...............................................22.0 mpg .

  4,000 lbs...............................................19.3 mpg .

  4,500 lbs...............................................17.2 mpg .

  5,000 lbs...............................................15.5 mpg .

  5,500 lbs...............................................14.1 mpg .

  6,000 lbs...............................................12.9 mpg .

  6,500 lbs...............................................11.9 mpg .

  7,000 to 8,500 lbs......................................11.1 mpg..

       ``(ii) In the case of a light truck:

                                                         The 2000 model
``If vehicle inertia                                     year city fuel
  weight class is:                                          economy is:
  1,500 or 1,750 lbs......................................37.6 mpg .

  2,000 lbs...............................................33.7 mpg .

  2,250 lbs...............................................30.6 mpg .

  2,500 lbs...............................................28.0 mpg .

  2,750 lbs...............................................25.9 mpg .

  3,000 lbs...............................................24.1 mpg .

  3,500 lbs...............................................21.3 mpg .

  4,000 lbs...............................................19.0 mpg .

  4,500 lbs...............................................17.3 mpg .

  5,000 lbs...............................................15.8 mpg .

  5,500 lbs...............................................14.6 mpg .

  6,000 lbs...............................................13.6 mpg .

  6,500 lbs...............................................12.8 mpg .

  7,000 to 8,500 lbs......................................12.0 mpg..

       ``(C) Vehicle inertia weight class.--For purposes of 
     subparagraph (B), the term `vehicle inertia weight class' has 
     the same meaning as when defined in regulations prescribed by 
     the Administrator of the Environmental Protection Agency for 
     purposes of the administration of title II of the Clean Air 
     Act (42 U.S.C. 7521 et seq.).
       ``(3) New qualified hydrogen fuel cell motor vehicle.--For 
     purposes of this subsection, the term `new qualified hydrogen 
     fuel cell motor vehicle' means a motor vehicle--
       ``(A) which is propelled by power derived from one or more 
     cells which convert chemical energy directly into electricity 
     by combining oxygen with hydrogen fuel which is stored on 
     board the vehicle in any form and may or may not require 
     reformation prior to use,
       ``(B) which, in the case of a passenger automobile or light 
     truck--
       ``(i) for 2003 model vehicles, has received a certificate 
     of conformity under the Clean Air Act and meets or exceeds 
     the equivalent qualifying California low emission vehicle 
     standard under section 243(e)(2) of the Clean Air Act for 
     that make and model year, and
       ``(ii) for 2004 and later model vehicles, has received a 
     certificate that such vehicle meets or exceeds the Bin 5 Tier 
     II emission level established in regulations prescribed by 
     the Administrator of the Environmental Protection Agency 
     under section 202(i) of the Clean Air Act for that make and 
     model year vehicle,
       ``(C) the original use of which commences with the 
     taxpayer,
       ``(D) which is acquired for use or lease by the taxpayer 
     and not for resale, and
       ``(E) which is made by a manufacturer.
       ``(c) Application With Other Credits.--The credit allowed 
     under subsection (a) for any taxable year shall not exceed 
     the excess (if any) of--
       ``(1) the regular tax for the taxable year reduced by the 
     sum of the credits allowable under subpart A and sections 27, 
     29, and 30, over
       ``(2) the tentative minimum tax for the taxable year.
       ``(d) Other Definitions and Special Rules.--For purposes of 
     this section--
       ``(1) Motor vehicle.--The term `motor vehicle' has the 
     meaning given such term by section 30(c)(2).
       ``(2) City fuel economy.--The city fuel economy with 
     respect to any vehicle shall be measured in a manner which is 
     substantially similar to the manner city fuel economy is 
     measured in accordance with procedures under part 600 of 
     subchapter Q of chapter I of title 40, Code of Federal 
     Regulations, as in effect on the date of the enactment of 
     this section.
       ``(3) Other terms.--The terms `automobile', `passenger 
     automobile', `light truck', and `manufacturer' have the 
     meanings given such terms in regulations prescribed by the 
     Administrator of the Environmental Protection Agency for 
     purposes of the administration of title II of the Clean Air 
     Act (42 U.S.C. 7521 et seq.).
       ``(4)  Reduction in basis.--For purposes of this subtitle, 
     the basis of any property for which a credit is allowable 
     under subsection (a) shall be reduced by the amount of such 
     credit so allowed (determined without regard to subsection 
     (c)).
       ``(5) No double benefit.--The amount of any deduction or 
     other credit allowable under this chapter with respect to a 
     new qualified hydrogen fuel cell motor vehicle

[[Page 4657]]

     shall be reduced by the amount of credit allowed under 
     subsection (a) for such vehicle for the taxable year.
       ``(6) Property used by tax-exempt entities.--In the case of 
     a credit amount which is allowable with respect to a new 
     qualified hydrogen fuel cell motor vehicle which is acquired 
     by an entity exempt from tax under this chapter, the person 
     which sells or leases such vehicle to the entity shall be 
     treated as the taxpayer with respect to the vehicle for 
     purposes of this section and the credit shall be allowed to 
     such person, but only if the person clearly discloses to the 
     entity at the time of any sale or lease the specific amount 
     of any credit otherwise allowable to the entity under this 
     section.
       ``(7) Recapture.--The Secretary shall, by regulations, 
     provide for recapturing the benefit of any credit allowable 
     under subsection (a) with respect to any property which 
     ceases to be property eligible for such credit (including 
     recapture in the case of a lease period of less than the 
     economic life of a vehicle).
       ``(8) Property used outside united states, etc., not 
     qualified.--No credit shall be allowed under subsection (a) 
     with respect to any property referred to in section 50(b) or 
     with respect to the portion of the cost of any property taken 
     into account under section 179.
       ``(9) Election to not take credit.--No credit shall be 
     allowed under subsection (a) for any vehicle if the taxpayer 
     elects to not have this section apply to such vehicle.
       ``(10) Carryback and carryforward allowed.--
       ``(A) In general.--If the credit amount allowable under 
     subsection (a) for a taxable year exceeds the amount of the 
     limitation under subsection (c) for such taxable year (in 
     this paragraph referred to as the `unused credit year'), such 
     excess shall be allowed as a credit carryback for each of the 
     3 taxable years beginning after the date of the enactment of 
     this section which precede the unused credit year and a 
     credit carryforward for each of the 20 taxable years which 
     succeed the unused credit year.
       ``(B) Rules.--Rules similar to the rules of section 39 
     shall apply with respect to the credit carryback and credit 
     carryforward under subparagraph (A).
       ``(11) Interaction with air quality and motor vehicle 
     safety standards.--Unless otherwise provided in this section, 
     a motor vehicle shall not be considered eligible for a credit 
     under this section unless such vehicle is in compliance 
     with--
       ``(A) the applicable provisions of the Clean Air Act for 
     the applicable make and model year of the vehicle (or 
     applicable air quality provisions of State law in the case of 
     a State which has adopted such provision under a waiver under 
     section 209(b) of the Clean Air Act), and
       ``(B) the motor vehicle safety provisions of sections 30101 
     through 30169 of title 49, United States Code.
       ``(e) Regulations.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     Secretary shall promulgate such regulations as necessary to 
     carry out the provisions of this section.
       ``(2) Coordination in prescription of certain 
     regulations.--The Secretary of the Treasury, in coordination 
     with the Secretary of Transportation and the Administrator of 
     the Environmental Protection Agency, shall prescribe such 
     regulations as necessary to determine whether a motor vehicle 
     meets the requirements to be eligible for a credit under this 
     section.''.
       (b) Conforming Amendments.--
       (1) Section 1016(a) of the Internal Revenue Code of 1986 is 
     amended by striking ``and'' at the end of paragraph (27), by 
     striking the period at the end of paragraph (28) and 
     inserting ``, and'', and by adding at the end the following 
     new paragraph:
       ``(29) to the extent provided in section 30B(d)(4).''.
       (2) Section 55(c)(2) of such Code is amended by inserting 
     ``30B(c),'' after ``30(b)(3)''.
       (3) Section 6501(m) of such Code is amended by inserting 
     ``30B(d)(9),'' after ``30(d)(4),''.
       (4) The table of sections for subpart B of part IV of 
     subchapter A of chapter 1 of such Code is amended by 
     inserting after the item relating to section 30A the 
     following new item:

``Sec. 30B. Hydrogen fuel cell motor vehicle credit.''.

       (c) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after the date of 
     the enactment of this Act, in taxable years ending after such 
     date.

     SEC. 502. CREDIT FOR INSTALLATION OF HYDROGEN FUEL CELL MOTOR 
                   VEHICLE FUELING STATIONS.

       (a) In General.--Subpart B of part IV of subchapter A of 
     chapter 1 of the Internal Revenue Code of 1986 (relating to 
     foreign tax credit, etc.), as amended by this Act, is amended 
     by adding at the end the following new section:

     ``SEC. 30C. HYDROGEN FUEL CELL MOTOR VEHICLE REFUELING 
                   PROPERTY CREDIT.

       ``(a) Credit Allowed.--There shall be allowed as a credit 
     against the tax imposed by this chapter for the taxable year 
     an amount equal to 50 percent of the amount paid or incurred 
     by the taxpayer during the taxable year for the installation 
     of qualified hydrogen fuel cell motor vehicle refueling 
     property.
       ``(b) Limitation.--The credit allowed under subsection 
     (a)--
       ``(1) with respect to any retail hydrogen fuel cell motor 
     vehicle refueling property, shall not exceed $30,000, and
       ``(2) with respect to any residential hydrogen fuel cell 
     motor vehicle refueling property, shall not exceed $1,500.
       ``(c) Year Credit Allowed.--The credit allowed under 
     subsection (a) shall be allowed in the taxable year in which 
     the qualified hydrogen fuel cell motor vehicle refueling 
     property is placed in service by the taxpayer.
       ``(d) Definitions.--For purposes of this section--
       ``(1) Qualified hydrogen fuel cell motor vehicle refueling 
     property.--The term `qualified hydrogen fuel cell motor 
     vehicle refueling property' means any property (not including 
     a building and its structural components) if--
       ``(A) such property is of a character subject to the 
     allowance for depreciation,
       ``(B) the original use of such property begins with the 
     taxpayer, and
       ``(C) such property is for the storage or dispensing of 
     hydrogen fuel into the fuel tank of a motor vehicle propelled 
     by such fuel, but only if the storage or dispensing of the 
     fuel is at the point where such fuel is delivered into the 
     fuel tank of the motor vehicle.
     In the case of hydrogen produced from another clean-burning 
     fuel (as defined in section 179A(c)(1)), subparagraph (C) 
     shall be applied by substituting `production, storage, or 
     dispensing' for `storage or dispensing' both places it 
     appears.
       ``(2) Residential hydrogen fuel cell motor vehicle 
     refueling property.--The term `residential hydrogen fuel cell 
     motor vehicle refueling property' means qualified hydrogen 
     fuel cell motor vehicle refueling property which is installed 
     on property which is used as the principal residence (within 
     the meaning of section 121) of the taxpayer.
       ``(3) Retail hydrogen fuel cell motor vehicle refueling 
     property.--The term `retail hydrogen fuel cell motor vehicle 
     refueling property' means qualified hydrogen fuel cell motor 
     vehicle refueling property which is installed on property 
     (other than property described in paragraph (2)) used in a 
     trade or business of the taxpayer.
       ``(e) Application With Other Credits.--The credit allowed 
     under subsection (a) for any taxable year shall not exceed 
     the excess (if any) of--
       ``(1) the regular tax for the taxable year reduced by the 
     sum of the credits allowable under subpart A and sections 27, 
     29, 30, and 30B, over
       ``(2) the tentative minimum tax for the taxable year.
       ``(f) Basis Reduction.--For purposes of this title, the 
     basis of any property shall be reduced by the portion of the 
     cost of such property taken into account under subsection 
     (a).
       ``(g) No Double Benefit.--No deduction shall be allowed 
     under section 179A with respect to any property with respect 
     to which a credit is allowed under subsection (a).
       ``(h) Refueling Property Installed for Tax-Exempt 
     Entities.--In the case of qualified hydrogen fuel cell motor 
     vehicle refueling property installed on property owned or 
     used by an entity exempt from tax under this chapter, the 
     person which installs such refueling property for the entity 
     shall be treated as the taxpayer with respect to the 
     refueling property for purposes of this section (and such 
     refueling property shall be treated as retail hydrogen fuel 
     cell motor vehicle refueling property) and the credit shall 
     be allowed to such person, but only if the person clearly 
     discloses to the entity in any installation contract the 
     specific amount of the credit allowable under this section.
       ``(i) Carryforward Allowed.--
       ``(1) In general.--If the credit amount allowable under 
     subsection (a) for a taxable year exceeds the amount of the 
     limitation under subsection (e) for such taxable year 
     (referred to as the `unused credit year' in this subsection), 
     such excess shall be allowed as a credit carryforward for 
     each of the 20 taxable years following the unused credit 
     year.
       ``(2) Rules.--Rules similar to the rules of section 39 
     shall apply with respect to the credit carryforward under 
     paragraph (1).
       ``(j) Special Rules.--Rules similar to the rules of 
     paragraphs (4) and (5) of section 179A(e) shall apply.
       ``(k) Regulations.--The Secretary shall prescribe such 
     regulations as necessary to carry out the provisions of this 
     section.''.
       (b) Incentive for Production of Hydrogen at Qualified 
     Clean-Fuel Vehicle Refueling Property.--Section 179A(d) of 
     the Internal Revenue Code of 1986 (defining qualified clean-
     fuel vehicle refueling property) is amended by adding at the 
     end the following new flush sentence:
     ``In the case of clean-burning fuel which is hydrogen 
     produced from another clean-burning fuel, paragraph (3)(A) 
     shall be applied by substituting `production, storage, or 
     dispensing' for `storage or dispensing' both places it 
     appears.''.
       (c) Modifications to Extension of Deduction for Hydrogen 
     Refueling Property.--
       (1) In general.--Section 179A(f) of the Internal Revenue 
     Code of 1986 (relating to termination) is amended by 
     inserting ``(other

[[Page 4658]]

     than property relating to hydrogen)'' after ``property''.
       (2) Nonapplication of phaseout.--Section 179A(b)(1)(B) of 
     such Code (relating to phaseout) is amended by inserting 
     ``(other than property relating to hydrogen)'' after 
     ``property''.
       (d) Conforming Amendments.--
       (1) Section 1016(a) of the Internal Revenue Code of 1986, 
     as amended by this Act, is amended by striking ``and'' at the 
     end of paragraph (28), by striking the period at the end of 
     paragraph (29) and inserting ``, and'', and by adding at the 
     end the following new paragraph:
       ``(30) to the extent provided in section 30C(f).''.
       (2) Section 55(c)(2) of such Code, as amended by this Act, 
     is amended by inserting ``30C(e),'' after ``30B(e)''.
       (3) The table of sections for subpart B of part IV of 
     subchapter A of chapter 1 of such Code, as amended by this 
     Act, is amended by inserting after the item relating to 
     section 30B the following new item:

``Sec. 30C. Hydrogen fuel cell motor vehicle refueling property 
              credit.''.

       (e) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after the date of 
     the enactment of this Act, in taxable years ending after such 
     date.

     SEC. 503. CREDIT FOR RESIDENTIAL FUEL CELL PROPERTY.

       (a) In General.--Subpart A of part IV of subchapter A of 
     chapter 1 of the Internal Revenue Code of 1986 (relating to 
     nonrefundable personal credits) is amended by inserting after 
     section 25B the following new section:

     ``SEC. 25C. RESIDENTIAL FUEL CELL PROPERTY.

       ``(a) Allowance of Credit.--In the case of an individual, 
     there shall be allowed as a credit against the tax imposed by 
     this chapter for the taxable year an amount equal to 30 
     percent of the qualified fuel cell property expenditures made 
     by the taxpayer during such year.
       ``(b) Limitations.--
       ``(1) Maximum credit.--The credit allowed under subsection 
     (a) shall not exceed $1,000 for each kilowatt of capacity.
       ``(2) Safety certifications.--No credit shall be allowed 
     under this section for an item of property unless such 
     property meets appropriate fire and electric code 
     requirements.
       ``(c) Carryforward of Unused Credit.--If the credit 
     allowable under subsection (a) exceeds the limitation imposed 
     by section 26(a) for such taxable year reduced by the sum of 
     the credits allowable under this subpart (other than this 
     section), such excess shall be carried to the succeeding 
     taxable year and added to the credit allowable under 
     subsection (a) for such succeeding taxable year.
       ``(d) Definitions.--For purposes of this section--
       ``(1) Qualified fuel cell property expenditure.--The term 
     `qualified fuel cell property expenditure' means an 
     expenditure for qualified fuel cell property (as defined in 
     section 48(a)(4)) installed on or in connection with a 
     dwelling unit located in the United States and used as a 
     residence by the taxpayer, including all necessary 
     installation fees and charges.
       ``(2) Labor costs.--Expenditures for labor costs properly 
     allocable to the onsite preparation, assembly, or original 
     installation of such property and for piping or wiring to 
     interconnect such property to the dwelling unit shall be 
     taken into account for purposes of this section.
       ``(e) Special Rules.--For purposes of this section--
       ``(1) Dollar amounts in case of joint occupancy.--In the 
     case of any dwelling unit which is jointly occupied and used 
     during any calendar year as a residence by 2 or more 
     individuals the following shall apply:
       ``(A) The amount of the credit allowable, under subsection 
     (a) by reason of expenditures (as the case may be) made 
     during such calendar year by any of such individuals with 
     respect to such dwelling unit shall be determined by treating 
     all of such individuals as 1 taxpayer whose taxable year is 
     such calendar year.
       ``(B) There shall be allowable, with respect to such 
     expenditures to each of such individuals, a credit under 
     subsection (a) for the taxable year in which such calendar 
     year ends in an amount which bears the same ratio to the 
     amount determined under subparagraph (A) as the amount of 
     such expenditures made by such individual during such 
     calendar year bears to the aggregate of such expenditures 
     made by all of such individuals during such calendar year.
       ``(2) Tenant-stockholder in cooperative housing 
     corporation.--In the case of an individual who is a tenant-
     stockholder (as defined in section 216) in a cooperative 
     housing corporation (as defined in such section), such 
     individual shall be treated as having made his tenant-
     stockholder's proportionate share (as defined in section 
     216(b)(3)) of any expenditures of such corporation.
       ``(3) Condominiums.--
       ``(A) In general.--In the case of an individual who is a 
     member of a condominium management association with respect 
     to a condominium which the individual owns, such individual 
     shall be treated as having made the individual's 
     proportionate share of any expenditures of such association.
       ``(B) Condominium management association.--For purposes of 
     this paragraph, the term `condominium management association' 
     means an organization which meets the requirements of 
     paragraph (1) of section 528(c) (other than subparagraph (E) 
     thereof) with respect to a condominium project substantially 
     all of the units of which are used as residences.
       ``(4) Allocation in certain cases.--If less than 80 percent 
     of the use of an item is for nonbusiness purposes, only that 
     portion of the expenditures for such item which is properly 
     allocable to use for nonbusiness purposes shall be taken into 
     account.
       ``(5) When expenditure made; amount of expenditure.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     an expenditure with respect to an item shall be treated as 
     made when the original installation of the item is completed.
       ``(B) Expenditures part of building construction.--In the 
     case of an expenditure in connection with the construction or 
     reconstruction of a structure, such expenditure shall be 
     treated as made when the original use of the constructed or 
     reconstructed structure by the taxpayer begins.
       ``(C) Amount.--The amount of any expenditure shall be the 
     cost thereof.
       ``(6) Property financed by subsidized energy financing.--
     For purposes of determining the amount of expenditures made 
     by any individual with respect to any dwelling unit, there 
     shall not be taken in to account expenditures which are made 
     from subsidized energy financing (as defined in section 
     48(a)(5)(C)).
       ``(f) Basis Adjustments.--For purposes of this subtitle, if 
     a credit is allowed under this section for any expenditure 
     with respect to any property, the increase in the basis of 
     such property which would (but for this subsection) result 
     from such expenditure shall be reduced by the amount of the 
     credit so allowed.''.
       (b) Credit Allowed Against Regular Tax and Alternative 
     Minimum Tax.--
       (1) In general.--Section 25C(b) of the Internal Revenue 
     Code of 1986, as added by subsection (a), is amended by 
     adding at the end the following new paragraph:
       ``(3) Limitation based on amount of tax.--The credit 
     allowed under subsection (a) for the taxable year shall not 
     exceed the excess of--
       ``(A) the sum of the regular tax liability (as defined in 
     section 26(b)) plus the tax imposed by section 55, over
       ``(B) the sum of the credits allowable under this subpart 
     (other than this section) and section 27 for the taxable 
     year.''.
       (2) Conforming amendments.--
       (A) Section 25C(c) of such Code, as added by subsection 
     (a), is amended by striking ``section 26(a) for such taxable 
     year reduced by the sum of the credits allowable under this 
     subpart (other than this section)'' and inserting 
     ``subsection (b)(3)''.
       (B) Section 23(b)(4)(B) of such Code is amended by 
     inserting ``and section 25C'' after ``this section''.
       (C) Section 24(b)(3)(B) of such Code is amended by striking 
     ``23 and 25B'' and inserting ``23, 25B, and 25C''.
       (D) Section 25(e)(1)(C) of such Code is amended by 
     inserting ``25C,'' after ``25B,''.
       (E) Section 25B(g)(2) of such Code is amended by striking 
     ``section 23'' and inserting ``sections 23 and 25C''.
       (F) Section 26(a)(1) of such Code is amended by striking 
     ``and 25B'' and inserting ``25B, and 25C''.
       (G) Section 904(h) of such Code is amended by striking 
     ``and 25B'' and inserting ``25B, and 25C''.
       (H) Section 1400C(d) of such Code is amended by striking 
     ``and 25B'' and inserting ``25B, and 25C''.
       (c) Additional Conforming Amendments.--
       (1) Section 23(c) of the Internal Revenue Code of 1986, as 
     in effect for taxable years beginning before January 1, 2004, 
     is amended by striking ``section 1400C'' and inserting 
     ``sections 25C and 1400C''.
       (2) Section 25(e)(1)(C) of such Code, as in effect for 
     taxable years beginning before January 1, 2004, is amended by 
     inserting ``, 25C,'' after ``sections 23''.
       (3) Subsection (a) of section 1016 of such Code, as amended 
     by this Act, is amended by striking ``and'' at the end of 
     paragraph (29), by striking the period at the end of 
     paragraph (30) and inserting ``, and'', and by adding at the 
     end the following new paragraph:
       ``(31) to the extent provided in section 25C(f), in the 
     case of amounts with respect to which a credit has been 
     allowed under section 25C.''.
       (4) Section 1400C(d) of such Code, as in effect for taxable 
     years beginning before January 1, 2004, is amended by 
     inserting ``and section 25C'' after ``this section''.
       (5) The table of sections for subpart A of part IV of 
     subchapter A of chapter 1 of such Code is amended by 
     inserting after the item relating to section 25B the 
     following new item:

``Sec. 25C. Residential fuel cell property.''.

       (d) Effective Dates.--
       (1) In general.--Except as provided by paragraph (2), the 
     amendments made by this section shall apply to expenditures 
     after the

[[Page 4659]]

     date of the enactment of this Act, in taxable years ending 
     after such date.
       (2) Subsection (b).--The amendments made by subsection (b) 
     shall apply to taxable years beginning after December 31, 
     2003.

     SEC. 504. CREDIT FOR BUSINESS INSTALLATION OF QUALIFIED FUEL 
                   CELLS.

       (a) In General.--Subparagraph (A) of section 48(a)(3) of 
     the Internal Revenue Code of 1986 (defining energy property) 
     is amended by striking ``or'' at the end of clause (i), by 
     adding ``or'' at the end of clause (ii), and by inserting 
     after clause (ii) the following new clause:
       ``(iii) qualified fuel cell property,''.
       (b) Qualified Fuel Cell Property.--Subsection (a) of 
     section 48 is amended by redesignating paragraphs (4) and (5) 
     as paragraphs (5) and (6), respectively, and by inserting 
     after paragraph (3) the following new paragraph:
       ``(4) Qualified fuel cell property.--For purposes of this 
     subsection--
       ``(A) In general.--The term `qualified fuel cell property' 
     means a fuel cell power plant that--
       ``(i) generates electricity using an electrochemical 
     process, and
       ``(ii) has an electricity-only generation efficiency 
     greater than 30 percent at rated power.
       ``(B) Limitation.--In the case of qualified fuel cell 
     property placed in service during the taxable year, the 
     credit determined under paragraph (1) for such year with 
     respect to such property shall not exceed an amount equal to 
     the lesser of--
       ``(i) 30 percent of the basis of such property, including 
     all necessary installation fees and charges, or
       ``(ii) $1,000 for each kilowatt of capacity of such 
     property.
       ``(C) Special rules.--For purposes of subparagraph 
     (A)(ii)--
       ``(i) Electricity-only generation efficiency.--The 
     electricity-only generation efficiency percentage of a fuel 
     cell power plant is the fraction--

       ``(I) the numerator of which is the total useful electrical 
     power produced by such plant at normal operating rates, and 
     expected to be consumed in its normal application, and
       ``(II) the denominator of which is the lower heating value 
     of the fuel source for such plant.

       ``(ii) Determinations made on btu basis.--The electricity-
     only generation efficiency percentage shall be determined on 
     a Btu basis.
       ``(D) Fuel cell power plant.--The term `fuel cell power 
     plant' means an integrated system comprised of a fuel cell 
     stack assembly and associated balance of plant components 
     that converts a fuel into electricity using electrochemical 
     means.''.
       (c) Limitation.--Section 48(a)(2)(A) of the Internal 
     Revenue Code of 1986 (relating to energy percentage) is 
     amended to read as follows:
       ``(A) In general.--The energy percentage is--
       ``(i) in the case of qualified fuel cell property, 30 
     percent, and
       ``(ii) in the case of any other energy property, 10 
     percent.''.
       (d) Conforming Amendment.--Section 29(b)(3)(A)(i)(III) of 
     the Internal Revenue Code of 1986 is amended by striking 
     ``section 48(a)(4)(C)'' and inserting ``section 
     48(a)(5)(C)''.
       (e) Effective Date.--The amendments made by this subsection 
     shall apply to property placed in service after the date of 
     the enactment of this Act, under rules similar to the rules 
     of section 48(m) of the Internal Revenue Code of 1986 (as in 
     effect on the day before the date of the enactment of the 
     Revenue Reconciliation Act of 1990).

                    TITLE VI--EDUCATION AND OUTREACH

     SEC. 601. EDUCATION AND OUTREACH.

       (a) Requirements.--The Secretary shall work with other 
     Federal, State, and local agencies, and academic institutions 
     and organizations to develop a public outreach and awareness 
     program.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary to carry out this title 
     $7,000,000 for fiscal year 2004 and each fiscal year 
     thereafter through fiscal year 2013.

                   TITLE VII--TARGETS AND TIMETABLES

     SEC. 701. DEPARTMENT OF ENERGY STRATEGY.

       (a) Critical Technology Plan.--Not later than 1 year after 
     the date of enactment of this Act, the Secretary shall 
     publish and transmit to Congress a plan identifying critical 
     technologies, enabling strategies and applications, technical 
     targets, and associated timeframes that support the 
     commercialization of hydrogen-fueled fuel cell vehicles.
       (b) Contents.--The plan shall describe the activities of 
     the Department of Energy, including a research, development, 
     demonstration, and commercial application program for 
     developing technologies to support--
       (1) the production and deployment of 100,000 hydrogen-
     fueled fuel cell vehicles in the United States by 2010 and 
     2,500,000 of such vehicles by 2020 and annually thereafter; 
     and
       (2) the integration of hydrogen activities, with associated 
     technical targets and timetables for the development of 
     technologies to provide for the sale of hydrogen at fueling 
     stations in the United States by 2010 and 2020, respectively.
       (c) Progress Review.--The Secretary shall include in each 
     annual budget submission a review of the progress toward 
     meeting the numerical targets in subsection (b).
                                 ______
                                 
      By Mr. DODD (for himself and Mr. Lieberman):
  S. 462. A bill to establish procedures for the acknowledgment of 
Indian tribes; to the Committee on Indian Affairs.
                                 ______
                                 
      By Mr. DODD (for himself and Mr. Lieberman):
  S. 463. A bill to provide grants to ensure full and fair 
participation in certain decisionmaking processes of the Bureau of 
Indian Affairs; to the Committee on Indian Affairs.
  Mr. DODD. Mr. President, I rise with our colleague Senator Lieberman 
today to reintroduce two pieces of legislation intended to improve the 
process by which the Federal Government acknowledges the sovereign 
rights of American Indians and their tribal governments. The first bill 
is called the Tribal Recognition and Indian Bureau Enhancement Act, or 
the TRIBE Act. The second bill I am introducing is a bill to provide 
assistance grants to financially needy tribal groups and municipalities 
so that those groups and towns can more fully and fairly participate in 
certain decision-making processes at the Bureau of Indian Affairs.
  I offer these bills with a renewed sense of hope, knowing that they 
will contribute to the larger national conversation about how the 
Federal Government can best fulfill its obligations to America's native 
peoples. Senator Campbell and Senator Inouye have provided invaluable 
leadership on this issue. The bills I am reintroducing were the subject 
of a hearing before the Indian Affairs Committee last fall. While 
neither bill was reported out of Committee before the end of the last 
Congress, I hope that the Indian Affairs Committee will continue its 
work on these and related bills--including Senator Campbell's recently 
introduced tribal recognition bill--and will see fit to address the 
problems that currently plague the recognition process.
  Currently, there are some 200 petitions pending at the Bureau of 
Indian Affairs by groups from throughout our Nation seeking Federal 
recognition as Indian tribes. Nine of these are in the State of 
Connecticut. These are in addition to the two tribes already recognized 
in our State: the Mashantucket Pequot tribe and the Mohegan Tribal 
Nation.
  I want to emphasize that as a State, Connecticut has embraced its two 
established and federally recognized tribes--the Mashantucket Pequot 
tribe and the Mohegan Tribe. They have generated thousands of jobs for 
Connecticut residents--primarily in the gaming industry. In fact, 
Foxwoods Casino, owned by the Mashantucket Pequot Tribe, is the largest 
gambling casino in the world. Both tribes have delivered hundreds of 
millions of dollars into the treasuries of our State and towns dollars 
that have been used to help meet needs in housing, health care, 
education, and transportation for people throughout the State.
  Like any large enterprise, these casinos have placed significant 
demands on the roadways, water systems, and police and fire 
departments. By some estimates, an average of 20,000 to 40,000 people 
visit these two casinos every day, seven days a week, 365 days a year.
  Clearly, Federal recognition is an important legal status that can 
profoundly change both Indian and non-Indian communities. Our 
experience in Connecticut has taught us that Federal recognition is too 
important to be treated lightly.
  I would not be back before the Senate to address this issue if I did 
not believe that there are serious defects in the process for tribal 
recognition. This is a significant issue for Connecticut, but it is 
also a matter of concern for the entire country. The tribal recognition 
process is broken. And the process is harming communities and tribes 
across the country.
  The problems with the current recognition process have been well 
documented and I do not intend to restate all that has been said and 
written about the subject in recent years. Suffice it to say that it is 
widely recognized that the process is failing both

[[Page 4660]]

tribal groups and other interested parties. The General Accounting 
Office, in a highly-critical study released in November 2001, 
summarized the problem when it concluded that ``because of weaknesses 
in the recognition process, the basis for BIA's tribal recognition 
decisions is not always clear and the length of time involved can be 
substantial.''
  Senator Campbell, Chairman of the Indian Affairs Committee, has 
eloquently pointed out the irony that descendants of native peoples who 
have lived in North America for thousands of years are the only 
Americans that must be ``documented'' to prove their status. How much 
more bitter that irony has become now that a process established to be 
fair and considerate toward native peoples is, in many ways, working 
against them. Let me share with our colleagues some compelling facts, 
which I have referenced here on the floor of the Senate before.
  Decisions on tribal petitions do not take months to make. They 
typically take years--and sometimes decades, thanks to understaffing 
and the demands of complying with FOIA requests and litigation. At its 
current pace, it will take well over 100 years for BIA to clear just 
its existing backlog of tribal recognition petitions. Can you imagine 
any group of Americans having to wait years or decades to have their 
legal rights vindicated? We would not and do not tolerate those kinds 
of delays in other areas of federal administrative law. Yet they are 
commonplace with respect to groups seeking Federal tribal status.
  Tribes, towns, and other interested parties have often had their 
evidentiary submissions ignored. During consideration of two recent 
petitions, the BIA decided it would no longer accept evidence submitted 
on the petitions--but the agency failed to tell interested parties for 
eleven months. In the meantime, neighboring parties and other 
interested parties had spent large sums of time and money to submit 
voluminous additional evidence bearing on whether or not the petitions 
should have been granted.
  In some cases, the seven mandatory criteria for recognition have been 
selectively ignored by BIA. In the case of the Eastern Pequot and 
Paucatuck Eastern Pequot petitions, two of the seven criteria for 
recognition were waived by the then-Assistant Secretary for Indian 
Affairs. According to published reports, he effectively ignored the 
recommendations of the historians and genealogists on his staff who had 
found that those criteria had not been met. In another case, there was 
a 70-year period during which a petitioner could produce no evidence 
that it continuously existed as a distinct community exhibiting 
political authority. The BIA's technical staff concluded that a 70-year 
gap was too long to support a finding of continuous existence. Despite 
the lack of evidence, the Assistant Secretary decided that continuous 
existence could be presumed, and so he went on to deem this criterion 
to be met and to recognize the tribe.
  Again, the bottom line is that the recognition process is broken. 
Last year, one of our colleagues--a long-time champion for American 
Indian causes--called the current recognition process a ``scandal.'' I 
agree and I think it's bad public policy to allow Federal agencies to 
continue to make decisions when their decision-making procedures are so 
flawed.
  The current process is arcane, burdensome, time consuming, difficult 
to understand, and too easily manipulated for political purposes. The 
evidence is overwhelming that the rules of recognition are being 
applied strictly for some and bent or ignored altogether for others. 
That's wrong. That's unfair. The Chairwoman of the Duwamish Tribe of 
Washington State has said she and her people ``have known and felt the 
effects of 20 years of administrative inaccuracies, delays and the 
blase approach in . . . handling and . . . processing the Duwamish 
petitions.'' Because the process is so complicated and so different 
from other, more familiar, administrative procedures, it is hard for 
people to have confidence in the BIA's decisions--especially when the 
BIA appears to be applying the rules differently in different cases.
  The reforms proposed by the TRIBE Act are modest. The TRIBE Act will 
permit any Indian group in the continental United States that desires 
to be acknowledged as an Indian Tribe to file a petition with the BIA. 
If the group can satisfy the mandatory criteria for federal 
acknowledgment, then the group would be recognized.
  The legislation simply requires better notice to Indians and non-
Indian groups. It provides for better fact-finding and it requires the 
Secretary to publish a complete explanation of final decisions 
regarding documented petitions. The bill improves the recognition 
process in the following specific ways: first, it would authorize $10 
million per year to better enable the Bureau of Indian Affairs to 
consider petitions in a thorough, fair, and timely manner. Second, it 
would provide for improved notice of a petition to key persons who may 
have an interest in a petition, including: the governor and attorney 
general of the state where a tribe seeks recognition; other tribes; and 
elected leaders of towns in the vicinity of a tribe seeking 
recognition, third, it would require that a petitioner meets each of 
the seven mandatory criteria for federal recognition spelled out in the 
current Code of Federal Regulations, and fourth, it would require that 
a decision on a petition be published in the Federal Register, which 
would include a detailed explanation of the findings of fact and of law 
with respect to each of the seven mandatory criteria for recognition.
  I want to emphasize what this legislation would not do. It would not 
revoke or in any way alter the status of tribes whose petitions for 
federal recognition have already been granted. It would not restrict in 
any way the existing prerogatives and privileges of such tribes. Tribes 
will retain their right to self-determination consistent with their 
sovereign status. Finally, and perhaps most importantly, the TRIBE Act 
will not dictate outcomes or micro-manage the agency.
  As I have often said, I believe that every tribal Government that is 
entitled to recognition should be recognized and should be recognized 
in an appropriately speedy process. But I also think we have to make 
sure that the BIA's conclusions are accurate so there won't be endless 
questions and disputes over the Bureau's decisions. Every recognition 
decision carries with it a legal significance that should endure 
forever. Each recognition decision made by the BIA is a foundation upon 
which relationships between tribes and States, tribes and towns, 
Indians and non-Indians will be built for generations to come. We need 
to make sure that the foundation upon which these lasting decisions are 
built is sound and will withstand the test of time. We as a Nation 
cannot afford to build relationships between sovereigns on the shifting 
sands of a broken bureaucratic procedure.
  Let me close with a word about the second bill I am introducing. This 
bill will provide grants to allow poor tribes and municipalities an 
opportunity to effectively participate in important decision-making 
processes. When the Federal Government, through the Bureau of Indian 
Affairs, makes decisions that will change communities, it is only right 
that the government should provide a meaningful opportunity for those 
communities, whether tribal or non-tribal, to be heard.
  As we consider how best to reform the process for tribal recognition, 
we ought to be guided by the firm principles embedded in the bills I am 
offering here today: fairness, openness, respect, and a common interest 
in bettering the quality of life for all Americans. I look forward to 
discussing these and other ideas with Chairman Campbell, Senator 
Inouye, and my colleagues here in the Senate, tribal leaders, and 
others who believe the time for reform has come.
  Mr. LIEBERMAN. Mr. President, I rise to speak in support of the 
``Tribal Recognition and Indian Bureau Enhancement Act.'' I am proud to 
join the senior Senator from Connecticut in reintroducing this 
legislation.
  Senator Dodd and I are interested in making the tribal recognition 
process a more fair and open process. I am aware

[[Page 4661]]

of another bill introduced last month by Chairman Campbell that also 
seeks to reform the Bureau of Indian Affairs' recognition process. 
While I am concerned with several aspects of the Senator's bill, I am 
nonetheless gratified to see that my colleagues on both sides of the 
aisle recognize that the current BIA process is fraught with problems.
  I know that both Chairman Campbell and Vice Chairman Inouye want to 
reform the broken tribal recognition process at the BIA. I look forward 
to working together with both Chairman Campbell and Vice Chairman 
Inouye to craft and pass legislation to fix a process that Vice 
chairman Inouye last year called a ``scandal.''
  I would first like to reiterate my support for the recognition of our 
historic Indian tribes. Unfortunately, this important recognition 
process is not operating as it should--in particular, the decisions are 
murky on the criteria for recognition when, and how, they may be 
satisfied--and those shortcomings are undermining the legitimacy of the 
entire process.
  The lack of public confidence in the tribal recognition process is of 
grave concern to me. In my home State of Connecticut, public interest 
in the recognition process has increased because of the ability of 
recognized tribes to open large casinos. Senator Dodd and I introduced 
both of these bills in the 107th Congress in an effort to reinvigorate 
the process and redeem the BIA program for future generations. Our bill 
will codify existing recognition criteria and require the BIA to 
provide notice of pending petitions to various interested groups--
something that will benefit both the tribes and the communities that 
surround them. The companion bill Senator Dodd and I have introduced 
today will and provide the resources that stakeholders of limited means 
require to meaningfully participate in the process. As a whole, our two 
pieces of legislation move towards a stronger recognition system in 
which all interested persons are able to participate, and participate 
meaningfully.
  In particular, the ``Tribal Recognition and Indian Bureau Enhancement 
Act'' is intended to ensure that recognition criteria are satisfied and 
all affected parties, including affected towns, have a change to fairly 
participate in the decision process. It ensures that: affected parties 
be given proper notice; that relevant evidence from petitioners and 
interested parties, including neighboring towns, is properly 
considered; that a formal hearing may be requested, with an opportunity 
for witnesses to be called and with other due process procedures in 
place; that a transcript of the hearing is kept; that the evidence is 
sufficient to show that the petitioner meets the seven mandatory 
criteria in federal regulations; and that a complete and detailed 
explanation of the final decision and findings of fact are published in 
the Federal Register.
  Having created these new procedures, our second bill is intended to 
ensure that all stakeholders are able to participate in them. It would 
provide grants to local governments and needy tribes to allow them to 
hire genealogists, lawyers, and other professionals necessary to 
participate in proceedings. Grants would be available to assist 
eligible parties in BIA proceedings regarding the recognition of a 
tribe as well as proceedings regarding whether to place land into trust 
for a tribe. We view these bills as working in tandem: we can't make 
the recognition process stronger and more transparent without giving 
participants the appropriate professional resources. Together, these 
bills insist on systemic reform while investing in ore legitimate 
results.
  I want to stress that these bills do nothing to affect already 
recognized federal tribes or hinder their economic development plans. 
Nor do they change existing Federal tribal recognition laws. It is 
still my hope that tribes could support these reforms, so as to 
buttress the legitimacy of their recognition rulings.
  I again want to express my commitment to working with members from 
both sides of the aisle to craft a more fair and effective tribal 
recognition process for the BIA. The tribal recognition process is an 
important issue not only for Connecticut, but for many States 
throughout this great Nation of ours. The process, unfortunately, is 
broken, and we should come together to fix it for the benefit of all 
involved. I look forward to working with Senators Dodd, Chairman 
Campbell, and Vice Chairman Inouye on legislation to create a better 
recognition process.

                          ____________________