[Congressional Record (Bound Edition), Volume 150 (2004), Part 10]
[Senate]
[Pages 13847-13895]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mrs. CLINTON (for herself, Ms. Collins, and Mr. Breaux):
  S. 2572. A bill to amend the Older Americans Act of 1965 to provide 
for mental health screening and treatment services, to amend the Public 
Health Service Act to provide for integration of mental health services 
and mental health treatment outreach teams, and for other purposes; to 
the Committee on Health, Education, Labor, and Pensions.
  Mrs. CLINTON. Mr. President, today, I rise to introduce the Positive 
Aging Act of 2004 to improve the accessibility and quality of mental 
health services for our rapidly growing population of older Americans 
with my colleagues Senators Breaux and Collins. Representatives Patrick 
Kennedy and Ileana Ros-Lehtinen are also introducing a companion bill 
in the House this afternoon.
  My colleagues John Breaux and Patrick Kennedy introduced this bill 
initially to focus on mental health programs, and with constituent 
input we decided to broaden it to involve the aging community as well. 
I want to acknowledge our partners from both the mental health and 
aging organizations who have collaborated with us and been working hard 
on these issues for a long time.
  Our significant success in extending the life span of older adults 
has created a set of challenges related to the quality of life for 
American's senior citizens. It is critically important now to focus on 
making the extra years of life as productive and healthy as possible. 
This legislation is designed to do just that. It puts mental health 
services on a par with other primary care services in community 
settings that are easily accessible to the elderly. I firmly believe we 
must integrate mental health services with other essential primary 
care.
  The Surgeon General's report on mental health in 1999 told us that 
disability due to mental illness in the elderly population is fast 
becoming a major public health problem. Depression, dementia, anxiety, 
and substance abuse are growing problems among older Americans that 
result in functional dependence, long-term institutional care and 
reduced quality of life.
  Nearly 20 percent of those over age 55 experience mental illnesses 
that are not a part of ``normal'' aging, and are all too frequently 
undetected and untreated. The real tragedy is that we can effectively 
treat many of these conditions, but in far too many instances we are 
not making such treatments available. Unrecognized and untreated mental 
illness among elderly adults can be traced to gaps in training of 
health professionals, and in our failure to fully integrate mental 
health screening and treatment with other health services. Far too 
often physicians and other health professionals fail to recognize the 
signs and symptoms of mental illness. More troubling, knowledge about 
effective interventions is simply not accessible to many primary care 
practitioners.
  Research has shown that treatment of mental illnesses can reduce the 
need for other health services and can improve health outcomes for 
those with other chronic diseases. These missed opportunities to 
diagnose and treat mental diseases are taking a huge toll on the 
elderly and increasing the burden on their families and our health care 
system.
  I know there are a number of reasons for our failure to meet the 
mental health needs of our seniors. Regrettably, acknowledging and 
seeking mental health care can be impeded by the stigma associated with 
mental illness. In addition, Medicare benefit discrimination related to 
coverage of mental health services continues to be a barrier to 
appropriate care for the elderly.
  Finally, the lack of coverage for prescription drugs in Medicare has 
until now imposed significant financial burdens on many older 
Americans. Notwithstanding the addition of a limited Medicare drug 
benefit, there remains the potential that drugs needed for the 
treatment of mental illness will be treated unfairly through formulary 
restrictions, prior authorization, and higher out-of-pocket expenses. 
We must be especially vigilant in our oversight of this benefit to 
prevent such discrimination on behalf of the millions of older 
Americans with mental illnesses.
  The bill we are introducing today provides new authorities and 
resources to the Administration on Aging (AOA) and the Substance Abuse 
and Mental Health Services Administration (SAMHSA) in the Department of 
Health and Human Services. For over 35 years, the AOA has provided home 
and community-based services to millions of older persons through the 
programs funded under the Older Americans Act. SAMHSA provides block 
grants to the States and other financial support to develop and apply 
best practices in the identification and treatment of mental diseases 
at the community level. Working together these agencies have the 
potential for strengthening and extending the delivery of mental health 
services to older Americans.
  This legislation focuses on getting mental health services to 
community sites where primary care and other social services are 
provided. It will promote the integration of mental health

[[Page 13848]]

services and the use of evidence-based practice protocols. This 
approach has the advantage of building on existing structures and 
programs, and ``mainstreaming'' mental health care for these vulnerable 
populations.
  The bill authorizes AOA to make formula grants to the states for the 
development and operation of systems for providing mental health 
screening and treatment services to older Americans. These funds may 
also be used for outreach programs to increase public awareness of the 
availability and effectiveness of mental health assessments and 
treatment. Priority will be given to areas that are medically under-
served and include significant numbers of older adults. States will be 
required to coordinate projects with existing community agencies and 
voluntary organizations offering services to the targeted populations.
  This legislation also establishes new grant authorities at AOA to 
support development and operation of projects for screening and 
treating mental illness among seniors in rural and urban areas.
  Multidisciplinary teams of mental health professionals relying on 
evidence-based intervention and treatment protocols are required to 
deliver these services. To the maximum extent possible, the grants will 
be coordinated with activities in senior centers, adult day care 
programs, and naturally occurring retirement centers (NORCs).
  This legislation also authorizes two new grant programs at SAMHSA to 
provide new resources to support mental health screening and treatment 
services in clinical settings. Primary care sites serving a geriatric 
patient population such as public or private nonprofit community health 
centers or private practices would be eligible for one of these new 
grant programs.
  The other program will provide support for geriatric mental health 
outreach teams to foster collaboration between clinical sites and 
senior centers, assisted living facilities, and other social or 
residential service centers.
  Since the projects supported by these new grant programs are based in 
clinical settings, these funds will help to inform primary care 
practitioners and increase their capabilities in screening and 
treatment for mental illness. These projects build on existing health 
care delivery systems and extend their reach to low-income seniors in 
the community.
  I expect these demonstrations will be a catalyst for breaking down 
the barriers that have limited access to mental health services and 
retarded the dissemination of evidence-based protocols in the primary 
care setting. I have specifically set a priority for projects to serve 
a variety of populations, including racial and ethnic minorities and 
low-income populations, in both rural and urban areas.
  Finally, we have included in this bill several administrative 
provisions to raise the profile of mental health services for older 
adults at AOA and SAMHSA. A new Office of Older Adult Mental Health 
Services is established at AOA to provide a senior level focus for 
initiatives to improve the access of seniors to appropriate mental 
health screening and treatment services. At SAMHSA, the bill creates a 
new deputy director for geriatric mental health services within the 
Center for Mental Health Services to develop and implement targeted 
programs for older adults.
  There are practical and immediate opportunities to improve mental 
health care for older Americans. This legislation can help to target 
our resources on identifying and treating a population at high risk for 
disability and dependence.
  We have an obligation to take what is known about effective 
treatments and improve the quality of life and overall health of 
millions of seniors. It's not only the right thing to do; it's also an 
investment that will return enormous dividends in terms of more 
economical use of health resources, improved patient outcomes, and a 
better quality of life for older Americans. I ask unanimous consent 
that the text of the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2572

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Positive Aging Act of 
     2004''.

         TITLE I--AMENDMENTS TO THE OLDER AMERICANS ACT OF 1965

     SEC. 101. DEFINITIONS.

       Section 102 of the Older Americans Act of 1965 (42 U.S.C. 
     3002) is amended by adding at the end the following:
       ``(44) Mental health screening and treatment services.--The 
     term `mental health screening and treatment services' means 
     patient screening, diagnostic services, care planning and 
     oversight, therapeutic interventions, and referrals that 
     are--
       ``(A) provided pursuant to evidence-based intervention and 
     treatment protocols (to the extent such protocols are 
     available) for mental disorders prevalent in older 
     individuals (including, but not limited to, mood and anxiety 
     disorders, dementias of all kinds, psychotic disorders, and 
     substances and alcohol abuse), relying to the greatest extent 
     feasible on protocols that have been developed--
       ``(i) by or under the auspices of the Secretary; or
       ``(ii) by academicians with expertise in mental health and 
     aging; and
       ``(B) coordinated and integrated with the services of 
     social service, mental health, and health care providers in 
     an area in order to--
       ``(i) improve patient outcomes; and
       ``(ii) assure, to the maximum extent feasible, the 
     continuing independence of older individuals who are residing 
     in the area.''.

     SEC. 102. OFFICE OF OLDER ADULT MENTAL HEALTH SERVICES.

       Section 301(b) of the Older Americans Act of 1965 (42 
     U.S.C. 3021(b)) is amended by adding at the end the 
     following:
       ``(3) The Assistant Secretary shall establish within the 
     Administration an Office of Older Adult Mental Health 
     Services, which shall be responsible for the development and 
     implementation of initiatives to address the mental health 
     needs of older individuals.''.

     SEC. 103. GRANTS TO STATES FOR THE DEVELOPMENT AND OPERATION 
                   OF SYSTEMS FOR PROVIDING MENTAL HEALTH 
                   SCREENING AND TREATMENT SERVICES TO OLDER 
                   INDIVIDUALS LACKING ACCESS TO SUCH SERVICES.

       Title III of the Older Americans Act of 1965 (42 U.S.C. 
     3021 et seq.) is amended--
       (1) in section 303 (42 U.S.C. 3023), by adding at the end 
     the following:
       ``(f) There are authorized to be appropriated to carry out 
     part F (relating to grants for programs providing mental 
     health screening and treatment services) such sums as may be 
     necessary for fiscal year 2005 and each of the 5 succeeding 
     fiscal years.'';
       (2) in section 304(a)(1) (42 U.S.C. 3024(a)(1)), by 
     inserting ``and subsection (f)'' after ``through (d)''; and
       (3) by adding at the end the following:

  ``PART F--MENTAL HEALTH SCREENING AND TREATMENT SERVICES FOR OLDER 
                              INDIVIDUALS

     ``SEC. 381. GRANTS TO STATES FOR PROGRAMS PROVIDING MENTAL 
                   HEALTH SCREENING AND TREATMENT SERVICES FOR 
                   OLDER INDIVIDUALS.

       ``(a) Program Authorized.--The Assistant Secretary shall 
     carry out a program for making grants to States under State 
     plans approved under section 307 for the development and 
     operation of--
       ``(1) systems for the delivery of mental health screening 
     and treatment services for older individuals who lack access 
     to such services; and
       ``(2) programs to--
       ``(A) increase public awareness regarding the benefits of 
     prevention and treatment of mental disorders; and
       ``(B) reduce the stigma associated with mental disorders 
     and other barriers to the diagnosis and treatment of the 
     disorders.
       ``(b) State Allocation and Priorities.--A State agency that 
     receives funds through a grant made under this section shall 
     allocate the funds to area agencies on aging to carry out 
     this part in planning and service areas in the State. In 
     allocating the funds, the State agency shall give priority to 
     planning and service areas in the State--
       ``(1) that are medically underserved; and
       ``(2) in which there are a large number of older 
     individuals.
       ``(c) Area Coordination of Services With Other Providers.--
     In carrying out this part, to more efficiently and 
     effectively deliver services to older individuals, each area 
     agency on aging shall--
       ``(1) coordinate services described in subsection (a) with 
     other community agencies, and voluntary organizations, 
     providing similar or related services; and
       ``(2) to the greatest extent practicable, integrate 
     outreach and educational activities with existing (as of the 
     date of the integration) health care and social service 
     providers serving older individuals in the planning and 
     service area involved.
       ``(d) Relationship to Other Funding Sources.--Funds made 
     available under this part shall supplement, and not supplant, 
     any Federal, State, and local funds expended by a State or 
     unit of general purpose local government (including an area 
     agency on aging)

[[Page 13849]]

     to provide the services described in subsection (a).''.

     SEC. 104. DEMONSTRATION PROJECTS PROVIDING MENTAL HEALTH 
                   SCREENING AND TREATMENT SERVICES TO OLDER 
                   INDIVIDUALS LIVING IN RURAL AREAS.

       The Older Americans Act of 1965 (42 U.S.C. 3001 et seq.) is 
     amended--
       (1) by inserting before section 401 (42 U.S.C. 3031) the 
     following:

      ``TITLE IV--GRANTS FOR EDUCATION, TRAINING, AND RESEARCH'';

     and
       (2) in part A of title IV (42 U.S.C. 3032 et seq.), by 
     adding at the end the following:

     ``SEC. 422. DEMONSTRATION PROJECTS PROVIDING MENTAL HEALTH 
                   SCREENING AND TREATMENT SERVICES TO OLDER 
                   INDIVIDUALS LIVING IN RURAL AREAS.

       ``(a) Definition.--In this section, the term `rural area' 
     means--
       ``(1) any area that is outside a metropolitan statistical 
     area (as defined by the Director of the Office of Management 
     and Budget); or
       ``(2) such similar area as the Secretary specifies in a 
     regulation issued under section 1886(d)(2)(D) of the Social 
     Security Act (42 U.S.C. 1395ww(d)(2)(D)).
       ``(b) Authority.--The Assistant Secretary shall make grants 
     to eligible public agencies and nonprofit private 
     organizations to pay part or all of the cost of developing or 
     operating model health care service projects involving the 
     provision of mental health screening and treatment services 
     to older individuals residing in rural areas.
       ``(c) Duration.--Grants made under this section shall be 
     made for 3-year periods.
       ``(d) Application.--To be eligible to receive a grant under 
     this section, a public agency or nonprofit private 
     organization shall submit to the Assistant Secretary an 
     application containing such information and assurances as the 
     Secretary may require, including--
       ``(1) information describing--
       ``(A) the geographic area and target population (including 
     the racial and ethnic composition of the target population) 
     to be served by the project; and
       ``(B) the nature and extent of the applicant's experience 
     in providing mental health screening and treatment services 
     of the type to be provided in the project;
       ``(2) assurances that the applicant will carry out the 
     project--
       ``(A) through a multidisciplinary team of licensed mental 
     health professionals;
       ``(B) using evidence-based intervention and treatment 
     protocols to the extent such protocols are available;
       ``(C) using telecommunications technologies as appropriate 
     and available; and
       ``(D) in coordination with other providers of health care 
     and social services (such as senior centers and adult day 
     care providers) serving the area; and
       ``(3) assurances that the applicant will conduct and submit 
     to the Assistant Secretary such evaluations and reports as 
     the Assistant Secretary may require.
       ``(e) Reports.--The Assistant Secretary shall prepare and 
     submit to the appropriate committees of Congress a report 
     that includes summaries of the evaluations and reports 
     required under subsection (d)(3).
       ``(f) Coordination.--The Assistant Secretary shall provide 
     for appropriate coordination of programs and activities 
     receiving funds pursuant to a grant under this section with 
     programs and activities receiving funds pursuant to grants 
     under sections 381 and 423, and sections 520K and 520L of the 
     Public Health Service Act.''.

     SEC. 105. DEMONSTRATION PROJECTS PROVIDING MENTAL HEALTH 
                   SCREENING AND TREATMENT SERVICES TO OLDER 
                   INDIVIDUALS LIVING IN NATURALLY OCCURRING 
                   RETIREMENT COMMUNITIES IN URBAN AREAS.

       Part A of title IV of the Older Americans Act of 1965 (42 
     U.S.C. 3032 et seq.), as amended by section 104, is further 
     amended by adding at the end the following:

     ``SEC. 423. DEMONSTRATION PROJECTS PROVIDING MENTAL HEALTH 
                   SCREENING AND TREATMENT SERVICES TO OLDER 
                   INDIVIDUALS LIVING IN NATURALLY OCCURRING 
                   RETIREMENT COMMUNITIES IN URBAN AREAS.

       ``(a) Definitions.--In this section:
       ``(1) Naturally occurring retirement community.--The term 
     `naturally occurring retirement community' means a 
     residential area (such as an apartment building, housing 
     complex or development, or neighborhood) not originally built 
     for older individuals but in which a substantial number of 
     individuals have aged in place (and become older individuals) 
     while residing in such area.
       ``(2) Urban area.--The term `urban area' means--
       ``(A) a metropolitan statistical area (as defined by the 
     Director of the Office of Management and Budget); or
       ``(B) such similar area as the Secretary specifies in a 
     regulation issued under section 1886(d)(2)(D) of the Social 
     Security Act (42 U.S.C. 1395ww(d)(2)(D)).
       ``(b) Authority.--The Assistant Secretary shall make grants 
     to eligible public agencies and nonprofit private 
     organizations to pay part or all of the cost of developing or 
     operating model health care service projects involving the 
     provision of mental health screening and treatment services 
     to older individuals residing in naturally occurring 
     retirement communities located in urban areas.
       ``(c) Duration.--Grants made under this section shall be 
     made for 3-year periods.
       ``(d) Application.--To be eligible to receive a grant under 
     this section, a public agency or nonprofit private 
     organization shall submit to the Assistant Secretary an 
     application containing such information and assurances as the 
     Secretary may require, including--
       ``(1) information describing--
       ``(A) the naturally occurring retirement community and 
     target population (including the racial and ethnic 
     composition of the target population) to be served by the 
     project; and
       ``(B) the nature and extent of the applicant's experience 
     in providing mental health screening and treatment services 
     of the type to be provided in the project;
       ``(2) assurances that the applicant will carry out the 
     project--
       ``(A) through a multidisciplinary team of licensed mental 
     health professionals;
       ``(B) using evidence-based intervention and treatment 
     protocols to the extent such protocols are available; and
       ``(C) in coordination with other providers of health care 
     and social services serving the retirement community; and
       ``(3) assurances that the applicant will conduct and submit 
     to the Assistant Secretary such evaluations and reports as 
     the Assistant Secretary may require.
       ``(e) Reports.--The Assistant Secretary shall prepare and 
     submit to the appropriate committees of Congress a report 
     that includes summaries of the evaluations and reports 
     required under subsection (d)(3).
       ``(f) Coordination.--The Assistant Secretary shall provide 
     for appropriate coordination of programs and activities 
     receiving funds pursuant to grants made under this section 
     with programs and activities receiving funds pursuant to 
     grants made under sections 381 and 422, and sections 520K and 
     520L of the Public Health Service Act.''.

             TITLE II--PUBLIC HEALTH SERVICE ACT AMENDMENTS

     SEC. 201. DEMONSTRATION PROJECTS TO SUPPORT INTEGRATION OF 
                   MENTAL HEALTH SERVICES IN PRIMARY CARE 
                   SETTINGS.

       Subpart 3 of part B of title V of the Public Health Service 
     Act (42 U.S.C. 290bb-31 et seq.) is amended--
       (1) in subsection (b) of section 520(b) (42 U.S.C. 290bb-
     31(b))--
       (A) by striking ``and'' at the end of paragraph (14);
       (B) by striking the period at the end of paragraph (15) and 
     inserting in lieu thereof ``; and''; and
       (C) by adding at the end the following:
       ``(16) conduct the demonstration projects specified in 
     section 520K.''.; and
       (2) by adding at the end the following:

     ``SEC. 520K. PROJECTS TO DEMONSTRATE INTEGRATION OF MENTAL 
                   HEALTH SERVICES IN PRIMARY CARE SETTINGS.

       ``(a) In General.--The Secretary, acting through the 
     Director of the Center for Mental Health Services, shall 
     award grants to public and private nonprofit entities for 
     projects to demonstrate ways of integrating mental health 
     services for older patients into primary care settings, such 
     as health centers receiving a grant under section 330 (or 
     determined by the Secretary to meet the requirements for 
     receiving such a grant), other Federally qualified health 
     centers, primary care clinics, and private practice sites.
       ``(b) Requirements.--In order to be eligible for a grant 
     under this section, the project to be carried out by the 
     entity shall provide for collaborative care within a primary 
     care setting, involving psychiatrists, psychologists, and 
     other licensed mental health professionals (such as social 
     workers and advanced practice nurses) with appropriate 
     training and experience in the treatment of older adults, in 
     which screening, assessment, and intervention services are 
     combined into an integrated service delivery model, 
     including--
       ``(1) screening services by a mental health professional 
     with at least a masters degree in an appropriate field of 
     training;
       ``(2) referrals for necessary prevention, intervention, 
     follow-up care, consultations, and care planning oversight 
     for mental health and other service needs, as indicated; and
       ``(3) adoption and implementation of evidence-based 
     protocols, to the extent available, for prevalent mental 
     health disorders, including depression, anxiety, behavioral 
     and psychological symptoms of dementia, psychosis, and misuse 
     of, or dependence on, alcohol or medication.
       ``(c) Considerations in Awarding Grants.--In awarding 
     grants under this section the Secretary, to the extent 
     feasible, shall ensure that--
       ``(1) projects are funded in a variety of geographic areas, 
     including urban and rural areas; and
       ``(2) a variety of populations, including racial and ethnic 
     minorities and low-income populations, are served by projects 
     funded under this section.

[[Page 13850]]

       ``(d) Duration.--A project may receive funding pursuant to 
     a grant under this section for a period of up to 3 years, 
     with an extension period of 2 additional years at the 
     discretion of the Secretary.
       ``(e) Application.--To be eligible to receive a grant under 
     this section, a public or private nonprofit entity shall--
       ``(1) submit an application to the Secretary (in such form, 
     containing such information, and at such time as the 
     Secretary may specify); and
       ``(2) agree to report to the Secretary standardized 
     clinical and behavioral data necessary to evaluate patient 
     outcomes and to facilitate evaluations across participating 
     projects.
       ``(f) Evaluation.--Not later than July 31 of each calendar 
     year, the Secretary shall submit to Congress a report 
     evaluating the projects receiving awards under this section 
     for such year.
       ``(g) Authorization of Appropriations.--There are 
     authorized to be appropriated such sums as may be necessary 
     to carry out this section for fiscal year 2005 and each 
     fiscal year thereafter.''.

     SEC. 202. GRANTS FOR COMMUNITY-BASED MENTAL HEALTH TREATMENT 
                   OUTREACH TEAMS.

       Subpart 3 of part B of title V of the Public Health Service 
     Act (42 U.S.C. 290bb-31 et seq.), as amended by section 201, 
     is further amended by adding at the end the following:

     ``SEC. 520L. GRANTS FOR COMMUNITY-BASED MENTAL HEALTH 
                   TREATMENT OUTREACH TEAMS.

       ``(a) In general.--The Secretary, acting through the 
     Director of the Center for Mental Health Services, shall 
     award grants to public or private nonprofit entities that are 
     community-based providers of geriatric mental health 
     services, to support the establishment and maintenance by 
     such entities of multi-disciplinary geriatric mental health 
     outreach teams in community settings where older adults 
     reside or receive social services. Entities eligible for such 
     grants include--
       ``(1) mental health service providers of a State or local 
     government;
       ``(2) outpatient programs of private, nonprofit hospitals;
       ``(3) community mental health centers meeting the criteria 
     specified in section 1913(c); and
       ``(4) other community-based providers of mental health 
     services.
       ``(b) Requirements.--To be eligible to receive a grant 
     under this section, an entity shall--
       ``(1) adopt and implement, for use by its mental health 
     outreach team, evidence-based intervention and treatment 
     protocols (to the extent such protocols are available) for 
     mental disorders prevalent in older individuals (including, 
     but not limited to, mood and anxiety disorders, dementias of 
     all kinds, psychotic disorders, and substance and alcohol 
     abuse), relying to the greatest extent feasible on protocols 
     that have been developed--
       ``(A) by or under the auspices of the Secretary; or
       ``(B) by academicians with expertise in mental health and 
     aging;
       ``(2) provide screening for mental disorders, diagnostic 
     services, referrals for treatment, and case management and 
     coordination through such teams; and
       ``(3) coordinate and integrate the services provided by 
     such team with the services of social service, mental health, 
     and medical providers at the site or sites where the team is 
     based in order to--
       ``(A) improve patient outcomes; and
       ``(B) to assure, to the maximum extent feasible, the 
     continuing independence of older adults who are residing in 
     the community.
       ``(c) Cooperative Arrangements With Sites Serving as Bases 
     for Outreach.--An entity receiving a grant under this section 
     may enter into an agreement with a person operating a site at 
     which a geriatric mental health outreach team of the entity 
     is based, including--
       ``(1) senior centers;
       ``(2) adult day care programs;
       ``(3) assisted living facilities; and
       ``(4) recipients of grants to provide services to senior 
     citizens under the Older Americans Act of 1965,

     under which such person provides (and is reimbursed by the 
     entity, out of funds received under the grant, for) any 
     supportive services, such as transportation and 
     administrative support, that such person provides to an 
     outreach team of such entity.
       ``(d) Considerations in Awarding Grants.--In awarding 
     grants under this section the Secretary, to the extent 
     feasible, shall ensure that--
       ``(1) projects are funded in a variety of geographic areas, 
     including urban and rural areas; and
       ``(2) a variety of populations, including racial and ethnic 
     minorities and low-income populations, are served by projects 
     funded under this section.
       ``(e) Application.--To be eligible to receive a grant under 
     this section, an entity shall--
       ``(1) submit an application to the Secretary (in such form, 
     containing such information, at such time as the Secretary 
     may specify); and
       ``(2) agree to report to the Secretary standardized 
     clinical and behavioral data necessary to evaluate patient 
     outcomes and to facilitate evaluations across participating 
     projects.
       ``(f) Coordination.--The Secretary shall provide for 
     appropriate coordination of programs and activities receiving 
     funds pursuant to a grant under this section with programs 
     and activities receiving funds pursuant to grants under 
     section 520K and sections 381, 422, and 423 of the Older 
     Americans Act of 1965.
       ``(g) Evaluation.--Not later than July 31 of each calendar 
     year, the Secretary shall submit to Congress a report 
     evaluating the projects receiving awards under this section 
     for such year.
       ``(h) Authorization of Appropriations.--There are 
     authorized to be appropriated such sums as may be necessary 
     to carry out this section for fiscal year 2005 and each 
     fiscal year thereafter.''.

     SEC. 203. DESIGNATION OF DEPUTY DIRECTOR FOR OLDER ADULT 
                   MENTAL HEALTH SERVICES IN CENTER FOR MENTAL 
                   HEALTH SERVICES.

       Section 520 of the Public Health Service Act (42 U.S.C. 
     290bb-31) is amended--
       (1) by redesignating subsection (c) as subsection (d); and
       (2) by inserting after subsection (b) the following:
       ``(c) Deputy Director for Older Adult Mental Health 
     Services in Center for Mental Health Services.--The Director, 
     after consultation with the Administrator, shall designate a 
     Deputy Director for Older Adult Mental Health Services, who 
     shall be responsible for the development and implementation 
     of initiatives of the Center to address the mental health 
     needs of older adults. Such initiatives shall include--
       ``(1) research on prevention and identification of mental 
     disorders in the geriatric population;
       ``(2) innovative demonstration projects for the delivery of 
     community-based mental health services for older Americans;
       ``(3) support for the development and dissemination of 
     evidence-based practice models, including models to address 
     dependence on, and misuse of, alcohol and medication in older 
     adults; and
       ``(4) development of model training programs for mental 
     health professionals and care givers serving older adults.''.

     SEC. 204. MEMBERSHIP OF ADVISORY COUNCIL FOR THE CENTER FOR 
                   MENTAL HEALTH SERVICES.

       Section 502(b)(3) of the Public Health service Act (42 
     U.S.C. 269aa-1(b)(3)) is amended by adding at the end the 
     following:
       ``(C) In the case of the advisory council for the Center 
     for Mental Health Services, the members appointed pursuant to 
     subparagraphs (A) and (B) shall include representatives of 
     older Americans, their families, and geriatric mental health 
     specialists.''.

     SEC. 205. PROJECTS OF NATIONAL SIGNIFICANCE TARGETING 
                   SUBSTANCE ABUSE IN OLDER ADULTS.

       Section 509(b)(2) of the Public Health Service Act (42 
     U.S.C. 290bb-2(b)(2)) is amended by inserting before the 
     period the following: ``, and to providing treatment for 
     older adults with alcohol or substance abuse or addiction, 
     including medication misuse or dependence''.

     SEC. 206 CRITERIA FOR STATE PLANS UNDER COMMUNITY MENTAL 
                   HEALTH SERVICES BLOCK GRANTS.

       (a) In General.--Section 1912(b)(4) of the Public Health 
     Service Act (42 U.S.C. 300x-1(b)(4)) is amended to read as 
     follows:
       ``(4) Targeted services to older individuals, individuals 
     who are homeless, and individuals living in rural areas.--The 
     plan describes the State's outreach to and services for older 
     individuals, individuals who are homeless, and individuals 
     living in rural areas, and how community-based services will 
     be provided to these individuals.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to State plans submitted on or after the date 
     that is 180 days after the date of enactment of this Act.

  Ms. COLLINS. Mr. President, I am pleased to join with my colleague 
from New York in introducing the Positive Aging Act, which will help to 
increase older Americans' access to quality mental health screening and 
treatment services in community-based care settings.
  The legislation we are introducing today is particularly important 
for States, like Maine, that have a disproportionate number of elderly 
persons. Maine currently is our Nation's seventh ``oldest'' State. 
Moreover, our older population will continue to grow in the future and, 
by the year 2025, one in five Mainers will be over the age of 65.
  One of the most daunting public health challenges facing our Nation 
today is how to increase access to quality mental health services for 
the more than 44 million Americans with severe, disabling mental 
disorders that can devastate their lives and the lives of the people 
around them.
  What is often overlooked, however, is the prevalence of mental 
illness among our Nation's elderly. Studies have

[[Page 13851]]

shown that more than one in five Americans aged 65 and older--including 
more than 32,000 Mainers--experience mental illness, and that as many 
as 80 percent of elderly persons in nursing homes suffer from some kind 
of mental impairment.
  Particularly disturbing is that fact that the mental health needs of 
older Americans are often overlooked or not recognized because of the 
mistaken belief that they are a normal part of aging and therefore 
cannot be treated.
  While older Americans experience the full range of mental disorders, 
the most prevalent mental illness afflicting older people is 
depression. Ironically, while recent advances have made depression an 
eminently treatable disorder, only a minority of elderly depressed 
persons are receiving adequate treatment. Unfortunately, the vast 
majority of depressed elderly don't seek help. Many simply accept their 
feelings of profound sadness and do not realize that they are 
clinically depressed.
  Those who do seek help are often underdiagnosed or misdiagnosed, 
leading the National Institute of Mental Health to estimate that 60 
percent of older Americans with depression are not receiving the mental 
health care that they need. Failure to treat this kind of disorder 
leads to poorer health outcomes for other medical conditions, higher 
rates of institutionalization, and increased health care costs.
  Untreated depression can even lead to suicide. The sad fact is that 
Americans over 65 are more likely to commit suicide than any other age 
group. Among those over 85, the suicide rate is twice the national 
average. What is particularly disturbing about these statistics is that 
studies have shown that 40 percent of older people who commit suicide 
have had a visit with their primary care provider within one week of 
their death. Seventy percent of these elderly suicide victims had a 
primary care visit within 30 days of their death.
  Fortunately, important research is being done that is helping to 
develop innovative approaches to improve the delivery of mental health 
care for older adults by integrating it into primary care settings. 
This research demonstrates that older adults are more likely to receive 
appropriate mental health care if there is a mental health professional 
on the primary care team, rather than simply referring them to a mental 
health specialist outside the primary care setting. Multiple 
appointments with multiple providers in multiple settings simply don't 
work for older patients who must also cope with concurrent chronic 
illnesses, mobility problems, and limited transportation options. The 
research also shows that there is less stigma associated with 
psychiatric services when they are integrated into general medical 
care.
  The Positive Aging Act builds upon this research and authorizes 
funding for a range of projects that integrate mental health screening 
and treatment services into community sites and primary health care 
settings, including community health centers, senior centers, and 
assisted living facilities. Moreover, the evidence-based services under 
this legislation will be provided by interdisciplinary teams of mental 
health professionals working in collaboration with other providers of 
health and social services.
  Among other provisions, our legislation authorizes the creation of an 
Office of Older Adult Mental Health Services in the Administration on 
Aging to develop and implement initiatives to address the mental health 
needs of older adults. In addition, the Administration on Aging would 
be authorized to provide grants to States for the development and 
testing of model mental health delivery systems for the diagnosis and 
treatment of mental illness and the elderly. It would also be 
authorized to award demonstration grants to projects targeted to 
providing screening and mental health services for seniors residing in 
rural areas, as well as grants to encourage the collaboration between 
mental health and other health and social services providers in 
providing screening and treatment services.
  The legislation also authorizes the Substance Abuse and Mental Health 
Services Administration (SAMHSA) to award demonstration grants which 
would support the integration of evidence-based mental health services 
by geriatric mental health specialists into primary care settings and 
support the establishment of community-based mental health treatment 
outreach teams in settings where older adults reside or receive social 
services.
  The Positive Aging Act will help to promote the mental health and 
well-being of our older citizens. It is an investment that will return 
tremendous dividends in terms of improved quality of life, better 
patient outcomes, and more efficient use of health care dollars. The 
legislation has been endorsed by the American Association for Geriatric 
Psychiatry, the National Council on Aging, the American Nurses 
Association, the American Psychological Association, the American 
Psychiatric Association and the National Association of Social Workers, 
and I urge all of our colleagues to join us as cosponsors.
                                 ______
                                 
      By Ms. MIKULSKI (for herself and Mr. Sarbanes):
  S. 2574. A bill to provide for the establishment of the National 
Institutes of Health Police, and for other purposes; to the Committee 
on Health, Education, Labor, and Pensions.
  Ms. MIKULSKI. Mr. President, I rise today to introduce the NIH 
Security Act. The National Institutes of Health (NIH) is one of 
America's most successful investments. NIH saves lives and helps 
Americans to live longer and live better. Research funded by NIH has 
made breakthroughs on many different fronts, from cutting edge 
bioterrorism research to mapping the human genome. Much of the research 
depends on experts working with hazardous chemicals or biological 
substances. We must make sure NIH is safe and secure--both to protect 
important research that may save future lives, and to make sure 
hazardous materials don't fall into the wrong hands.
  The main NIH campus and its satellite facilities contain 
approximately 3,000 research laboratories--2,500 of which are approved 
for the use of radioisotopes. NIH has 21 high-containment laboratories 
and two high-containment animal facilities. And NIH is constructing 
additional high-containment laboratories in order to tackle the 
challenging issue of defending the country against bioterrorism.
  We count on the NIH Police to protect this national treasure. Yet NIH 
Police officers are overworked and underpaid. Security at NIH 
facilities may be at risk because NIH is having trouble recruiting and 
retraining qualified police officers, and because the Police Department 
is not authorized to protect all of NIH's facilities.
  That's why I am introducing this bill to improve security at NIH by 
giving the NIH Police the authority they need to do their job and the 
pay and benefits they deserve for a job well done. This legislation 
does three things. It establishes a permanent police force at NIH. It 
expands their jurisdiction to cover all of NIH's campuses. And it gives 
NIH Police officers the same pay and retirement benefits that other 
Federal law enforcement officers have.
  Historically, NIH Police salaries have been among the lowest for law 
enforcement officers in the Washington-Metropolitan area. From 1998-
2002, the NIH Police had a 70 percent attrition rate. Most officers 
left for positions in other Federal and local law enforcement agencies 
that offered better pay and benefits. The constant turnover is having a 
devastating effect on morale, and it's costing taxpayers hundreds of 
thousands of dollars in overtime pay and lost training costs. That's 
because NIH invests in specialized training to make sure their officers 
are prepared to respond to potential biological, chemical, and nuclear 
disasters. But other agencies are able to lure these officers away. 
After spending the money to give their officers the training they need, 
NIH isn't able to give them the pay and benefits they deserve. My bill 
will ensure that NIH Police officers are getting the same pay and 
retirement benefits as other Federal law enforcement officers.
  My bill also gives NIH Police officers the authority to carry 
firearms, serve

[[Page 13852]]

warrants and conduct investigations on all properties under the custody 
and control of the NIH. Currently, the NIH Police's jurisdiction is 
limited to the main campus in Bethesda, leaving thousands of employees 
and numerous laboratories without their protection. NIH currently 
employs unarmed security guards at its satellite facilities in Maryland 
and across the country. These security guards do the best they can, but 
they don't have the authority to enforce laws, and they aren't as 
highly trained as the NIH Police.
  NIH is serious about security. Dr. Zerhouni, the Director of NIH, 
fully recognizes the need for a highly quality police force to protect 
NIH and the surrounding community, and fully supports this legislation. 
Let's give the NIH Police the resources they need to make sure NIH is 
safe and secure. This is an important issue that must be addressed. I 
urge my colleagues to pass this important bill quickly, and I ask 
unanimous consent that the full text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2574

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

     SECTION 1. SHORT TITLE.

        This Act may be cited as the ``NIH Security Act''.

     SEC. 2. NATIONAL INSTITUTES OF HEALTH POLICE.

       (a) Establishment.--The Director of the National Institutes 
     of Health (in this section referred to as the ``Director of 
     NIH'') shall establish a permanent police force, to be known 
     as the National Institutes of Health Police (in this section 
     referred to as the ``NIH Police''), for the purpose of 
     performing law enforcement, security, and investigative 
     functions for property under the jurisdiction, custody, and 
     control of, or occupied by, the National Institutes of 
     Health.
       (b) Appointment of Officers.--
       (1) In general.--The Director of NIH shall appoint a Chief, 
     a Deputy Chief, and such other officers as may be necessary 
     to carry out the purpose of the NIH Police.
       (2) Officers above maximum age.--The Director of NIH may 
     appoint officers of the NIH Police without regard to standard 
     maximum limits of age prescribed under section 3307 of title 
     5, United States Code. Officers appointed under this 
     paragraph--
       (A) may include the Chief and Deputy Chief of the NIH 
     Police;
       (B) shall have the same authorities and powers as other 
     officers of the NIH Police;
       (C) shall receive the same pay and benefits as other 
     officers of the NIH Police; and
       (D) shall not be treated as law enforcement officers for 
     purposes of retirement benefits.
       (c) Powers.--Each officer of the NIH Police may--
       (1) carry firearms, serve warrants and subpoenas issued 
     under the authority of the United States, and make arrests 
     without warrant for any offense against the United States 
     committed in the officer's presence, or for any felony 
     cognizable under the laws of the United States, if the 
     officer has reasonable grounds to believe that the person to 
     be arrested has committed or is committing such a felony;
       (2) conduct investigations within the United States and its 
     territories for offenses that have been or may be committed 
     on property described in paragraph (1) or (2) of subsection 
     (d); and
       (3) protect in any area of the United States or its 
     territories the Director of NIH and other officials, as 
     authorized by the Director of NIH.
       (d) Jurisdiction.--Officers of the NIH Police may exercise 
     their powers--
       (1) on all properties under the custody and control of the 
     National Institutes of Health;
       (2) on other properties occupied by the National Institutes 
     of Health, as determined by the Director of NIH; and
       (3) as authorized under paragraphs (2) and (3) of 
     subsection (c).
       (e) Pay, Benefits, Retirement.--
       (1) In general.--Subject to subsection (b)(2)(D) and 
     paragraph (2)(A), all officers of the NIH Police appointed 
     under subsection (b) are--
       (A) law enforcement officers as that term is used in title 
     5, United States Code, without regard to any eligibility 
     requirements prescribed by law; and
       (B) eligible for all pay and benefits prescribed by law for 
     such law enforcement officers.
       (2) Pay; ranks.--
       (A) Pay.--The officers of the NIH Police shall receive the 
     same pay and benefits, as determined by the Director of NIH, 
     as officers who hold comparable positions in the United 
     States Park Police. For purposes of this subparagraph, the 
     Chief of the NIH Police is deemed comparable to the Assistant 
     Chief in the United States Park Police, and the Deputy Chief 
     of the NIH Police is deemed comparable to the Deputy Chief in 
     the United States Park Police.
       (B) Rank.--The Chief and Deputy Chief of the NIH Police 
     shall have ranks not lower than a colonel and a lieutenant 
     colonel, respectively. Other ranks and equivalences shall be 
     determined by the Director of NIH or the Director's designee.
                                 ______
                                 
      By Mrs. BOXER (for herself and Mr. Smith):
  S. 2575. A bill to direct the Secretary of Agriculture to conduct 
research, monitoring, management, treatment, and outreach activities 
relating to sudden oak death syndrome and to convene regular meetings 
of, or conduct regular consultations with, Federal, State, tribal and 
local government officials to provide recommendations on how to carry 
out those activities; to the Committee on Agriculture, Nutrition, and 
Forestry.
  Mrs. BOXER. Mr. President, I am introducing today with my colleague, 
Senator Gordon Smith, a bill that addresses an ecological crisis in 
California and Oregon that quite literally threatens to change the face 
of our States, as well as others. The beloved oak trees are in grave 
peril. Thousands of black oak, coastal live oak, tan and Shreve's oak 
trees--among the most familiar and best loved features of California's 
landscape--are dying from a disease known as Sudden Oak Death Syndrome 
(SODS).
  Caused by an exotic species of the Phytophthora fungus--the fungus 
responsible for the Irish potato famine--SODS first struck a small 
number of tan oaks in Marin County in 1995. Now the disease has spread 
to other oak species from Big Sur in the south to Humboldt County in 
the north. The loss of trees is approaching epidemic proportions, with 
tens of thousands of dead trees appearing in thousands of acres of 
forests, parks, and gardens. As the trees die, enormous expanses of 
forest, some adjacent to residential areas, are subject to extreme fire 
hazards. Dead oak trees near homes significantly increase fire hazards, 
so residents who built their homes around or among oak trees are in 
particular danger.
  Yet, the spread of the fungus-like pathogen that causes SODS is not 
limited to oak trees. It has also been found on rhododendron plants in 
California nurseries, bay trees, wild huckleberry plants and other 
nursery stock and small fruit trees. Due to genetic similaries, this 
pathogen potentially endangers Red and Pin oak trees on the East Coast, 
as well as the Northeast's lucrative commercial blueberry and cranberry 
industries.
  SODS has already had serious economic and environmental impacts. 
After the initial discovery of the Sudden Oak Death, the U.S. 
Department of Agriculture (USDA) imposed a quarantine on oak products 
and some nursery stock in 10 counties in Northern California and Curry 
County, Oregon. Subsequently, two other counties in Northern California 
were also put under quarantine. The discovery of the pathogen that 
causes SODS in two Southern California nurseries in March 2004 led the 
USDA to impose restrictions on the interstate movement of host and 
potential host plants--as well as plants within 10 meters of these 
plants--from all nurseries in California. To date, 17 States and Canada 
have placed their own restrictions on the importation of California's 
nursery stock, and some States have banned plants from California 
altogether.
  If left unchecked, SODS could cause major damage to our commercial 
nurseries, as well the health, productivity and biodiversity of our 
forests. California is the nursery industry's lead producer of 
horticultural plants, valued at $2 billion a year. The State's oak 
woodlands provide shelter, habitat, and food to over 300 wildlife 
species. They also reduce soil erosion and help moderate extremes in 
temperature. Not only does SODS put all these benefits at risk, but 
dead and infected trees from this disease increase the threat of 
wildfire, threatening our communities.
  More needs to be known about the pathogen that causes SODS. 
Scientists are struggling to better understand SODS, how the disease is 
transmitted, and what the best treatment options might be. In 2000, the 
U.S. Forest Service, the University of California, the State 
Departments of Forestry and Fire Protection, and County Agricultural 
Commissioners created an Oak

[[Page 13853]]

Mortality Task Force to help coordinate research, management, 
monitoring, education, and public policies aimed at addressing SODS. 
Although we have learned a great deal about SODS since the, adequate 
Federal support is needed if we are to stop the spread of this disease 
before it is too late.
  That is why I am introducing the Sudden Oak Death Syndrome Control 
Act of 2004, which is based on legislation I introduced in 2001 and 
which passed the Senate in 2002. The Sudden Oak Death Syndrome Control 
Act of 2004 would authorize $44.2 million annually over the next five 
years for creation of a Sudden Oak Death research and monitoring 
program, management and treatment activities, fire prevention 
activities, and education and outreach. The bill would also provide 
funding for a comprehensive national survey of the fungus-like pathogen 
that causes SODS and a risk assessment of the threat posed by this 
pathogen to natural and managed plant resources. Combined with the 
efforts of state and local officials, this legislation will help to 
prevent the dire predictions from becoming a terrible reality.
  This bill is endorsed by the American Nursery & Landscape 
Association, the California Association of Nurseries and Garden 
Centers, the Nursery Growers Association of California, the state, 
local and private members of the California Oak Mortality Task Force, 
and the Marin County Board of Supervisors.
  I thank Senator Smith for working with me on this bill and for 
joining me in introducing it. I urge my colleagues to join us in this 
effort to help ensure the protection of our nation's commercial nursery 
industry and precious woodlands.
  I ask unanimous consent that letters from these organizations be 
printed in the Record.
  There being no objection, the letters were ordered to be printed in 
the Record, as follows:

                                      American Nursery & Landscape


                                                  Association,

                                    Washington, DC, June 23, 2004.
     Hon. Gordon Smith,
     Hon. Barbara Boxer,
     U.S. Senate,
     Washington, DC.
       Dear Senators Boxer and Smith: The American Nursery & 
     Landscape Association is the national trade organization 
     representing nursery growers, landscape professionals, and 
     retail garden centers in the U.S. On behalf of our industry 
     of small and family businesses, we wish to thank you for your 
     work to prepare and introduce legislation to address the 
     current and expected challenges associated with the serious 
     plant pathogen Phytophthora ramorum.
       As you well know, the potential risks posed by P. ramorum 
     to American forests, landscape, nurseries, and other 
     agricultural producers necessitate strong federal leadership 
     in such areas as survey and detection, risk mitigation, and 
     research. Your legislative efforts will help to ensure the 
     focus and funding necessary for a cohesive federal and state 
     cooperative response.
       We would like to commend the performance of your staff 
     contacts, Laura Cimo and Matt Hill. Both have been 
     professional, accessible, and open to suggestions toward 
     improving the legislative language in preparation for its 
     introduction.
       ANLA is pleased to support your impending legislation, as a 
     critical step toward solving the P. ramorum crisis. Please 
     let us know how ANLA can be of further assistance.
           Sincerely,
                                             Craig J. Regelbrugge,
     Senior Director of Government Relations.
                                  ____

                                         California Association of


                                 Nurseries and Garden Centers,

                                             Sacramento, CA 95834.
     Re Sudden Oak Death Syndrome Control Act of 2004.

     Hon. Barbara Boxer,
     U.S. Senate,
     Washington, DC.
       Dear Senator Boxer: We thank you for all of your efforts on 
     the issue of Sudden Oak Death and especially your 
     legislation, the Sudden Oak Death Syndrome Control Act of 
     2004, which we strongly endorse and support.
       As you well know, many states closed their borders to all 
     nursery plants in California after Sudden Oak Death was 
     discovered in a southern California nursery. These blockades 
     have included all plants, even those without the ability to 
     transmit the pathogen, and they have included nurseries that 
     the U.S. Department of agriculture has certified are free of 
     Sudden Oak Death.
       Quite clearly, there is much that needs to be learned about 
     Sudden Oak Death so that regulations are based on risk and 
     not on fear. Your much-needed legislation will improve both 
     the research into the pathogen, its role relating to Sudden 
     Oak Death, and the management and treatment of the disease. 
     Significantly, your legislation will compel a ``comprehensive 
     and biologically sound national survey.'' Only by such a 
     rigorous survey can policymakers understand the risk posed by 
     the pathogen. After all, states that have barred California 
     nursery plants may already harbor Sudden Oak Death but 
     without a national survey they have every incentive to avoid 
     even looking for the pathogen.
       Again, thank you for drafting this important legislation.
           Very truly yours,
                                               Robert H. Falconer,
     Executive Vice President.
                                  ____

                                          California Oak Mortality


                                                   Task Force,

                                   Sacramento, CA, June 24, 20004.
     Re Sudden Oak Death Syndrome Control Act of 2004.

     Hon. Barbara Boxer,
     U.S. Senate,
     Washington, DC.
       Dear Senator Boxer: The California Oak Mortality Task Force 
     applauds your efforts to secure federal funding for research, 
     monitoring, regulations, management and educational 
     activities necessitated by Sudden Oak Death (Phytophthora 
     ramorum). Resources are urgently needed to address this 
     aggressive exotic pathogen in California and Oregon and 
     protect other parts of the United States and other countries 
     from becoming infested.
       The California Oak Mortality Task Force represents over 75 
     organizations cooperating to limit the spread of the pathogen 
     that causes Sudden Oak Death, a disease that has killed tens 
     of thousands of tanoak, coast live oak, and black oak in 
     coastal California. The pathogen also infects rhododendron, 
     camellia and huckleberry, important nursery and agricultural 
     plants.
       There is much that urgently needs to be done to prevent 
     further damage and protect commerce and natural resources. 
     Some of the highest priorities:
       Research to understand how the pathogen spreads, assess the 
     potential for ecological, horticultural and agricultural 
     damage, and improve diagnostic tools and treatments
       Regulation enforcement to limit pathogen spread via 
     commodities
       Management that includes eradication protocols for new 
     areas, fire prevention treatments for high risk areas, and 
     diagnostic services
       Monitoring/surveys to determine extent of damage, 
     distribution and spread
       Educatioal programs for professionals, land managers and 
     homeowners to recognize the problem and determine what can be 
     done about it, including Information and explanation of 
     quarantine measures.
       The state, local, and private members of the task force 
     support your efforts to address Sudden Oak Death and protect 
     the oak woodlands of the United States. Please contact Lucia 
     Briggs, Coordinator of the CA Oak Mortality Task Force 
     ([email protected]) if we can assist you.
           Sincerely,

                                              Mark R. Stanley,

                                       Chairperson, California Oak
     Mortality Task Force.
                                  ____

                                          The Board of Supervisors


                                              of Marin County,

                                    San Rafael, CA, June 16, 2004.
     Re ``Sudden Oak Death Syndrome Control Act of 2004''--
         SUPPORT.

     Hon. Barbara Boxer,
     Hart Senate Office Building,
     Washington, DC.
       Dear Senator Boxer: As President of the Marin County 
     California Board of Supervisors, I write to indicate our 
     strong support of your efforts with regard to the ``Sudden 
     Oak Death Syndrome Control Act of 2004,'' which would 
     authorize $44.2 million for FY2005 through FY2009, as 
     compared to the $14.25 million already authorized for FY2003 
     through FY2007.
       The legislation addresses the ever expanding need for 
     resources for local, state and federal agencies to deal with 
     the economic, environmental and policy impacts created by the 
     infestation of this devastating plant disease. Marin County 
     has lost tens of thousands of trees and has been at the 
     center of this problem for several years as one of the 
     original 12 California Counties placed under state and 
     federal quarantine.
       The recent documentation of Sudden Oak Death (SOD) 
     infestation in commercial nurseries in Southern California 
     has elevated the problem. The transmission of the disease 
     across state lines, carried on nursery stock, to a number of 
     states in the southern and eastern United States has 
     triggered multiple state SOD quarantines against California 
     and created enforcement and communication problems 
     nationwide.
       Funding increases proposed in the bill would provide much 
     needed improvements in communication and intergovernmental 
     coordination between USDA, APHIS, State Plant Quarantine 
     Officials, California Agricultural Commissioners and Nursery 
     Sock Producers. It would fund a national risk assessment to 
     determine the possible biological and economic impacts of the 
     disease. The

[[Page 13854]]

     bill would also address the need to strengthen domestic 
     quarantine inspections to determine if the disease may be 
     moving into the United States on nursery stock originating 
     from Europe.
       The Marin County Board of Supervisors strongly supports 
     your proposed ``Sudden Oak Death Syndrome Control Act of 
     2004'' and thank you for your continued support in dealing 
     with this critical issue.
           Sincerely,
                                                     Steve Kinsey,
                                                        President.
                                 ______
                                 
      By Mr. FEINGOLD:
  S. 2576. A bill to establish an expedited procedure for congressional 
consideration of health care reform legislation; to the Committee on 
Rules and Administration.
  Mr. FEINGOLD. Mr. President, today I introduce the Health Care Reform 
Expedited Procedures Act of 2004, legislation that requires Congress to 
act on what may be the most pressing domestic policy issue of our time, 
namely health care reform.
  I travel to each of Wisconsin's 72 counties every year to hold town 
hall meetings. Year after year, the number one issue raised at these 
Listening Sessions is the same--health care. The failure of our health 
care system brings people to these meetings in droves. The frustration 
I hear, the anger and the desperation, have convinced me that we must 
change the system.
  So many people now come to tell me that they used to think government 
involvement was a terrible idea, but not anymore. Now they tell me that 
their businesses are being destroyed by health care costs, and they 
want the government to step in. These costs are crippling our economy 
just as the Nation is struggling to rebound from the loss of millions 
of manufacturing jobs.
  Our health care system has failed to keep costs in check. Costs are 
skyrocketing, and there is simply no way we can expect businesses to 
keep up. So in all too many cases, employers are left to offer sub-par 
benefits, or to wonder whether they can offer any benefits at all. 
Employers cannot be the sole provider of health care when these costs 
are rising faster than inflation.
  One option that could help employers, especially small businesses, 
reduce their health care costs is to have them form health care 
cooperatives, where employers lower costs by purchasing care as a 
group. I have introduced a bill in the Senate to make it easier for 
business to create these cooperatives.
  But this legislation certainly isn't the magic bullet that can 
address the whole problem. We need to come up with more comprehensive 
ways to address rising costs. In most cases, costs are still passed on 
to employees, who then face enormous premiums that demand more and more 
of their monthly income. People tell me that they don't understand how 
anyone can afford these astronomical premiums, and what can you say to 
that?
  We can say that it's time to move toward universal coverage. I 
believe we can find a way to make universal coverage work in this 
country. Universal coverage doesn't mean that we have to copy a system 
already in place in another country. We can harness our Nation's 
creativity and entrepreneurial spirit to design a system that is 
uniquely American. Universal coverage doesn't have to be defined by 
what's been attempted in the past. What universal coverage does mean is 
ending a system where nearly 44 million Americans are uninsured, and 
where those who are insured are struggling to pay their premiums, 
struggling to pay for prescription drugs, and struggling to find long 
term care.
  We can't tolerate a system that strands so many Americans without the 
coverage they need. This system costs us dearly: Even though almost 44 
million Americans are uninsured, the United States devotes more of its 
economy to health care than other industrial countries.
  Leaving this many Americans uninsured affects all of us. Those who 
are insured pay more because the uninsured can't afford to pay their 
bills. And those bills are exceptionally high, because the uninsured 
wait so long to see a doctor. The uninsured often live sicker, and die 
earlier, than other Americans, so they also need a disproportionate 
amount of acute care.
  In 2001 alone, health care providers provided $35 billion worth of 
uncompensated care. While providers absorb some of those costs, 
inevitably some of the burden is shifted to other patients. And of 
course the process of cost-shifting itself generates additional costs.
  We are all paying the price for our broken health care system, and it 
is time to bring about change.
  Over the years I have heard many different proposals for how we 
should change the health care system in this country. Some propose 
using tax incentives as a way to expand access to health care. Others 
think the best approach is to expand public programs. Some feel a 
national single payer health care system is the only way to go.
  I don't think we can ignore any of these proposals. We need to 
consider all of these as we address our broken health care system.
  As a former State legislator, I come to this debate knowing that 
States are coming up with some very innovative solutions to the health 
care problem. So in addition to the approaches already mentioned, I 
think we really need to look at what our States are doing, and add to 
the menu of possibilities an approach under which each State decides 
the best way to cover its residents.
  I favor an American-style health care reform, where we encourage 
creative solutions to the health care problems facing our country, 
without using a one-size-fits-all approach. I believe that States have 
a better idea about what the health care needs of their residents are, 
and that they understand what types of reform will work best for their 
state. So I am in favor of a state-based universal health care system, 
where States, with the Federal Government's help, come up with a plan 
to make sure that all of their residents have health care coverage.
  This approach would achieve universal health care, without the 
Federal Government dictating to all of the states exactly how to do it. 
The federal government would provide states with the financial help, 
technical assistance and oversight necessary to accomplish this goal. 
In return, a State would have to make sure that every resident has 
coverage at least as good as that offered in the Federal Employee 
Health Benefits Program, FEHBP--in other words, at least as good as the 
health insurance members of Congress have.
  States would have the flexibility to expand coverage in phases, and 
would be offered a number of Federal ``tools'' to choose from in order 
to help them achieve universal coverage. States could use any number of 
these tools, or none of them, instead opting for a Federal contribution 
for a state-based ``single-payer'' system. In addition to designing and 
implementing a plan to achieve universal care, states would also be 
required to provide partial funding of these plans. The Federal 
Government would approve each State plan, and would conduct oversight 
of the implementation of these plans.
  Federal tools that States could choose from to help expand health 
coverage could include an enhanced Medicaid and SCHIP federal match for 
expanding coverage to currently uninsured individuals; refundable and 
advanceable tax credits for the purchase of health insurance for 
individuals and/or businesses; the establishment of a community-rated 
health pool, similar to FEHBP, to provide affordable health coverage 
and expanded choices for those who enroll; and assistance with 
catastrophic care costs.
  States could be creative in the state resources they use to expand 
health care coverage. For example, a state could use personal and/or 
employer mandates for coverage, use state tax incentives, create a 
single-payer system or even join with neighboring states to offer a 
regional health care plan.
  The approach I have set forth would guarantee universal health care, 
but still leave room for the flexibility and creativity that I believe 
is necessary to ensure that everyone has access to affordable, quality 
health care.
  As I have noted, there have been a number of interesting proposals to 
move us to universal health care coverage. While I will be advocating 
the

[[Page 13855]]

state-based approach that I have just outlined, others have proposed 
alternative approaches that certainly merit consideration and debate.
  And this brings us to the legislation I am introducing today, 
because, the reason we haven't reformed our health care system isn't 
because of a lack of good ideas. The problem is that Congress and the 
White House refuse to take this issue up. Despite the outcry from 
businesses, from health care providers, and from the millions who are 
uninsured, Washington refuses to address the problem in a comprehensive 
way.
  That is why I am introducing this bill. My legislation will force 
Congress to finally address this issue. It requires the Majority and 
Minority Leaders of the Senate, as well as the Chairs of the Health, 
Education, Labor, and Pensions Committee and the Finance Committee, to 
each introduce a health care reform bill in the first 30 days of the 
next Congress. If a committee chair fails to introduce a bill within 
the first month, then the ranking minority party member of the 
respective committee may introduce a measure that qualifies for the 
expedited treatment outlined in my bill.
  The measures introduced by the Majority Leader and Minority Leader 
will be placed directly on the Senate Calendar. The measures introduced 
by the two committee chairs, or ranking minority members, will be 
referred to their respective committees.
  The committees have 60 calendar days not including recesses of 3 days 
or more to review the legislation. At the end of that time, if either 
committee fails to report a measure, the bills will be placed directly 
on the legislative calendar.
  If the Majority Leader fails to move to one of the bills, any Member 
may move to proceed to any qualifying health care reform measure. The 
motion is not debatable or amendable. If the motion to proceed is 
adopted, the chamber will immediately proceed to the consideration of a 
measure without intervening motion, order, or other business, and the 
measure remains the unfinished business of the Senate until the body 
disposes of the bill.
  Similar procedures are established for House consideration.
  I want to emphasize, my bill does not prejudge what particular health 
care reform measure should be debated. There are many worthy proposals 
that would qualify for consideration, and this bill does not dictate 
which proposal, or combination of proposals, should be considered.
  But what my bill does do is to require Congress to act.
  It has been 10 years since the last serious debate over health care 
reform was killed by special interests and the soft money contributions 
they used to corrupt the legislative process. The legislative landscape 
is now much different. Soft money can no longer be used to set the 
agenda, and businesses and workers are crying out as never before for 
Congress to do something about the country's health care crisis.
  It has been 10 years since we've had any debate on comprehensive 
health care reform. We cannot afford any further delay. I urge my 
colleagues to support the Health Care Reform Expedited Procedures Act 
of 2004.
  Mr. President, I ask unanimous consent that the text of the 
legislation be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2576

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Health Care Reform Expedited 
     Procedures Act of 2004''.

     SEC. 2. SENATE CONSIDERATION OF HEALTH CARE REFORM 
                   LEGISLATION.

       (a) Introduction.--
       (1) In general.--Not later than 30 calendar-days after the 
     commencement of the first session of a Congress, the chair of 
     the Senate Committee on Health, Education, Labor, and 
     Pensions, the Chair of the Senate Committee on Finance, the 
     Majority Leader of the Senate, and the Minority Leader of the 
     Senate shall each introduce a bill to provide universal 
     health care coverage for the people of the United States.
       (2) Minority party.--These bills may be introduced by 
     request and only 1 qualified bill may be introduced by each 
     individual referred to in paragraph (1) within a Congress. If 
     either committee chair fails to introduce the bill within the 
     30-day period, the ranking minority party member of the 
     respective committee may instead introduce a bill that will 
     qualify for the expedited procedure provided in this section.
       (3) Qualified bill.--
       (A) In general.--In order to qualify as a qualified bill--
       (i) the title of the bill shall be ``To reform the system 
     of the United States and to provide insurance coverage for 
     all Americans.''; and
       (ii) the bill shall reach the goal of providing health care 
     coverage to 95 percent of Americans within 10 years.
       (B) Determination.--Whether or not a bill meets the 
     criteria in subparagraph (A) shall be determined by the Chair 
     of the Senate Budget Committee, relying on estimates of the 
     Congressional Budget Office, subject to the final approval of 
     the Senate.
       (b) Referral.--
       (1) Committee bills.--Upon introduction, the bill authored 
     by the Chair of the Senate Committee on Finance shall be 
     referred to that Committee and the bill introduced by the 
     Chair of the Senate Committee on Health, Education, Labor, 
     and Pensions shall be referred to that committee. If either 
     committee has not reported the bill referred to it (or 
     another qualified bill) by the end of a 60 calendar-day 
     period beginning on the date of referral, the committee is, 
     as of that date, automatically discharged from further 
     consideration of the bill, and the bill is placed directly on 
     the chamber's legislative calendar. In calculating the 60-day 
     period, adjournments for more than 3 days are not counted.
       (2) Leader bills.--The bills introduced by the Senate 
     Majority Leader and the Senate Minority Leader shall, on 
     introduction, be placed directly on the Senate Calendar of 
     Business.
       (c) Motion To Proceed.--
       (1) In general.--On or after the third day following the 
     committee report or discharge or upon a bill being placed on 
     the calendar under subsection (b)(2), it shall be in order 
     for any Member, after consultation with the Majority Leader, 
     to move to proceed to the consideration of any qualified 
     bill. Notice shall first be given before proceeding. This 
     motion to proceed to the consideration of a bill can be 
     offered by a Member only on the day after the calendar day on 
     which the Member announces his or her intention to offer it.
       (2) Consideration.--The motion to proceed to a given 
     qualified bill can be made even if a motion to the same 
     effect has previously been rejected. No more than 3 such 
     motions may be made, however, in any 1 congressional session.
       (3) Privileged and nondebatable.--The motion to proceed is 
     privileged, and all points of order against the motion to 
     proceed to consideration and its consideration are waived. 
     The motion is not debatable, is not amendable, and is not 
     subject to a motion to postpone.
       (4) No other business or reconsideration.--The motion is 
     not subject to a motion to proceed to the consideration of 
     other business. A motion to reconsider the vote by which the 
     motion to proceed is agreed to or disagreed to is not in 
     order.
       (d) Consideration of Qualified Bill.--
       (1) In general.--If the motion to proceed is adopted, the 
     chamber shall immediately proceed to the consideration of a 
     qualified bill without intervening motion, order, or other 
     business, and the bill remains the unfinished business of the 
     Senate until disposed of. A motion to limit debate is in 
     order and is not debatable.
       (2) Only business.--The qualified bill is not subject to a 
     motion to postpone or a motion to proceed to the 
     consideration of other business before the bill is disposed 
     of.
       (3) Relevant amendments.--Only relevant amendments may be 
     offered to the bill.

     SEC. 3. HOUSE CONSIDERATION OF HEALTH CARE REFORM 
                   LEGISLATION.

       (a) Introduction.--
       (1) In general.--Not later than 30 calendar days after the 
     commencement of the first session of a Congress, the chair of 
     the House Committee on Energy and Commerce, the chair of the 
     House Committee on Ways and Means, the Majority Leader of the 
     House, and the Minority Leader of the House shall each 
     introduce a bill to provide universal health care coverage 
     for the people of the United States.
       (2) Minority party.--These bills may be introduced by 
     request and only 1 qualified bill may be introduced by each 
     individual referred to in paragraph (1) within a Congress. If 
     either committee chair fails to introduce the bill within the 
     30-day period, the ranking minority party member of the 
     respective committee may, within the following 30 days, 
     instead introduce a bill that will qualify for the expedited 
     procedure provided in this section.
       (3) Qualified bill.--
       (A) In general.--To qualify for the expedited procedure 
     under this section as a qualified bill, the bill shall reach 
     the goal of providing healthcare coverage to 95 percent of 
     Americans within 10 years.
       (B) Determination.--Whether or not a bill meets the 
     criteria in subparagraph (A) shall

[[Page 13856]]

     be determined by the Speaker's ruling on a point of order 
     based on a Congressional Budget Office estimate of the bill.
       (b) Referral.--
       (1) Committee bills.--Upon introduction, the bill authored 
     by the Chair of the House Committee on Energy and Commerce 
     will be referred to that committee and the bill introduced by 
     the Chair of the House Committee on Ways and Means shall be 
     referred to that committee. If either committee has not 
     reported the bill referred to it (or another qualified bill) 
     by the end of 60 days of consideration beginning on the date 
     of referral, the committee shall be automatically discharged 
     from further consideration of the bill, and the bill shall be 
     placed directly on the Calendar of the Whole House on the 
     State of the Union. In calculating the 60-day period, 
     adjournments for more than 3 days are not counted.
       (2) Leader bills.--The bills introduced by the House 
     Majority Leader and House Minority Leader will, on 
     introduction, be placed directly on the Calendar of the Whole 
     House on the State of the Union.
       (c) Motion To Proceed.--
       (1) In general.--On or after the third day following the 
     committee report or discharge or upon a bill being placed on 
     the calendar under subsection (b)(2), it shall be in order 
     for any Member, after consultation with the Majority Leader, 
     to move to proceed to the consideration of any qualified 
     bill. Notice must first be given before proceeding. This 
     motion to proceed to the consideration of a bill can be 
     offered by a Member only on the day after the calendar day on 
     which the Member announces his or her intention to offer it.
       (2) Consideration.--The motion to proceed to a given 
     qualified bill can be made even if a motion to the same 
     effect has previously been rejected. No more than 3 such 
     motions may be made, however, in any 1 congressional session.
       (3) Privileged and nondebatable.--The motion to proceed is 
     privileged, and all points of order against the motion to 
     proceed to consideration and its consideration are waived. 
     The motion is not debatable, is not amendable, and is not 
     subject to a motion to postpone.
       (4) No other business or reconsideration.--The motion is 
     not subject to a motion to proceed to the consideration of 
     other business. A motion to reconsider the vote by which the 
     motion to proceed is agreed to or disagreed to is not in 
     order.
       (d) Consideration of a Qualified Bill.--
       (1) In general.--If the motion to proceed is adopted, the 
     chamber will immediately proceed to the consideration of a 
     qualified bill without intervening motion, order, or other 
     business, and the bill remains the unfinished business of the 
     House until disposed of.
       (2) Committee of the whole.--The bill will be considered in 
     the Committee of the Whole under the 5-minute rule, and the 
     bill shall be considered as read and open for amendment at 
     any time.
       (3) Limit debate.--A motion to further limit debate is in 
     order and is not debatable.
       (4) Relevant amendments.--Only relevant amendments may be 
     offered to the bill.
                                 ______
                                 
      By Ms. STABENOW (for herself and Mrs. Hutchison):
  S. 2587. A bill to amend title XVIII of the Social Security Act to 
adjust the amount of payment under the physician fee scheduled for drug 
administration services furnished to medicare beneficiaries; to the 
Committee on Finance.
  Ms. STABENOW. Mr. President, I rise today to introduce the Ensuring 
Quality and Access to Cancer Care Act of 2004. I want to thank my 
colleague, Senator Hutchison, for working with me on this critical 
issue. Regardless of how we feel about the new Medicare law, I believe 
we all agree that there are legitimate concerns about changes in cancer 
care reimbursement. Critical services that help patients and their 
families may be in jeopardy because Medicare reimbursement is scheduled 
to be drastically cut in 2005.
  I believe that these changes will be disruptive to patients' care. It 
is especially urgent in Michigan, which is ranked fourth in the Nation 
in number of residents with cancer.
  Doctors administer more than 70 percent of all cancer chemotherapy in 
their offices, but the new Medicare law drastically cuts doctors' 
reimbursement for drug administration. Changes in the reimbursement 
system will mean that doctors will likely be paid dramatically less for 
chemotherapy. Preliminary estimates indicate that roughly $4.2 billion 
will be taken out of cancer care in the United States over the next 10 
years.
  Many critical services are paid for through drug administration 
reimbursement because they are not covered by Medicare. These include 
specially-trained oncology nurses and related staff; the handling, 
storage, and preparation of the toxic chemotherapy agents; and 
cognitive, nutrition, and support care services that are important 
indices of quality cancer care.
  The result could be fewer and fewer doctors will treat cancer 
patients, leaving them without access to the best care possible. 
Furthermore, patients may lose access to vital support services.
  Congress clearly recognized that questions related to the impact of 
the Medicare law on patient access needed to be answered. That's why 
the Medicare law included a temporary one-year increase in physicians' 
practice expenses. But access problems will likely emerge in 2005 when 
the temporary aid and drug reimbursement decrease significantly. And 
several programs to help oncologists and patients will not begin until 
2006.
  The ``Ensuring Quality and Access to Cancer Care Act of 2004'' would 
merely extend the 1-year transitional period built into the law for an 
additional year. It's a fair compromise so that we have time to answer 
important questions regarding the impact of the payment reductions. And 
it will ensure that policy changes do not disrupt patient access to 
quality cancer care.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2587

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Ensuring Quality and Access 
     to Cancer Care Act of 2004''.

     SEC. 2. TRANSITIONAL ADJUSTMENT TO PHYSICIAN FEE SCHEDULE FOR 
                   DRUG ADMINISTRATION SERVICES FURNISHED TO 
                   MEDICARE BENEFICIARIES.

       (a) In general.--Section 303(a)(4)(B)(ii) of the Medicare 
     Prescription Drug, Improvement, and Modernization Act of 2003 
     (Public Law 108-173; 117 Stat. 2237) is amended by striking 
     ``3 percent'' and inserting ``32 percent''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect as if included in the enactment of section 
     303(a)(4) of the Medicare Prescription Drug, Improvement, and 
     Modernization Act of 2003 (Public Law 108-173; 117 Stat. 
     2237).
                                 ______
                                 
      By Mr. ALEXANDER (for himself and Ms. Landrieu):
  S. 2590. A bill to provide a conservation royalty from Outer 
Continental Shelf revenues to establish the Coastal Impact Assistance 
Program, to provide assistance to States under the Land and Water 
Conservation Fund Act of 1965, to ensure adequate funding for 
conserving and restoring wildlife, to assist local governments in 
improving local park and recreation systems, and for other purposes; to 
the Committee on Energy and Natural Resources.
  Mr. ALEXANDER. Mr. President, today, Senator Landrieu and I are 
introducing the Americans Outdoors Act of 2004, bipartisan legislation 
that will provide nearly $1.5 billion annually to help Americans in 
every State enjoy the great American outdoors.
  The Americans Outdoors Act would provide a reliable stream of funding 
by collecting a conservation royalty on revenues from drilling for oil 
and gas on offshore Federal land. It would use this conservation 
royalty to fully fund three existing Federal programs: the so-called 
State side of the Land and Water Conservation Fund, $450 million 
annually; wildlife conservation, $350 million annually to fully fund 
that Federal program; and to fully fund urban parks initiatives, 
another $125 million. It would also provide an additional $500 million 
each year for coastal impact assistance, including wetlands protection.
  In addition, Senator Landrieu and I intend to offer an amendment to 
our legislation that would fully fund the $450 million per year Federal 
side of the Land and Water Conservation Fund, but only after we have 
consulted further with our colleagues to develop a consensus.
  We offer this legislation because there is nothing more central to 
the American character than the great

[[Page 13857]]

American outdoors. We offer it because we want to provide a 
conservation legacy for the next generation. We believe there is a huge 
conservation majority in America and in the Senate that will support 
this legislation.
  In 1985, when I was Governor of Tennessee, President Ronald Reagan 
asked me to chair the President's Commission on American Outdoors. 
Gilbert Grosvenor, president of the National Geographic Society, was 
vice-chairman. Patrick Noonan of the Conservation Fund and other 
distinguished Americans served on the commission. President Reagan 
himself was an outdoorsman. The President challenged his commission to 
look ahead for a generation and tell the country how we can have 
appropriate places to do what we want to do outdoors.
  In the report of our commission in 1987, we found many threats to the 
opportunity to enjoy the outdoors: exotic pollutants, loss of space 
through urban growth, and disappearance of wetlands. Changing 
lifestyles and new technology presented new challenges as well as 
opportunities. Differences in needs and Federal land ownership between 
the eastern and western States created challenging conflicts to 
resolve.
  In our report we emphasized that most outdoors recreation occurs 
close to home, near towns or cities where 80 percent of us live. We 
therefore recommended more land trusts, greenways, city parks and 
scenic byways.
  We suggested that most of this action be accomplished by a prairie 
fire of local concern rather than by action in Washington, DC, but we 
did recommend that Congress dedicate at least $1 billion a year from 
offshore oil and gas drilling revenues to provide a steady, reliable 
flow of funds to the Land and Water Conservation Fund.
  Much of what we recommended has happened and is now law.
  But it is now time to build on the commission's work of 20 years ago 
and look ahead for another generation.
  By fully funding State wildlife grants, urban parks and the State 
programs of the Land and Water Conservation Fund, the Americans 
Outdoors Act of 2004 will continue that legacy. It will enlarge on the 
legacy by providing new funds for coastal assistance, including 
wetlands protection.
  It will do so through a new steady stream of funding by creating what 
I think of as a ``conservation royalty.'' This new conservation royalty 
is not such a new idea at all. This conservation royalty is modeled 
after the existing State royalty for onshore oil and gas drilling that 
was created in the Mineral Lands Leasing Act of 1920. That act gives 50 
cents of every dollar from drilling--and in the case of Alaska, 90--as 
a royalty to the State in which the drilling occurs.
  In a similar way, The Americans Outdoors Act of 2004 would create a 
conservation royalty of about 25 percent for revenues of the funds 
collected from offshore drilling on Federal lands. Some of the royalty 
would go to the States where the drilling occurs. More would go to all 
states for parks, game and fish commissions and projects funded by the 
Land and Water Conservation Fund.
  The idea is very simple: if drilling for oil and gas creates an 
environmental impact, it is wise to use some of the proceeds to create 
an environmental benefit. In 2001, the Federal Government received $7.5 
billion in oil and gas revenues from federal offshore leases. This 
revenue comes from the Outer Continental Shelf, which supplies more oil 
to the United States than any other country, including Saudi Arabia.
  Chairman Peter Domenici has scheduled a hearing in the Energy and 
Natural Resources Committee on July 13. In the meantime Senator 
Landrieu and I will continue our discussion with other committee 
members and other colleagues to create a consensus.
  There is at least one piece of unfinished business. At some point in 
the process, Senator Landrieu and I will offer an amendment to our own 
legislation that will fully fund--at $450 million a year--the Federal 
side of the Land and Water conservation Fund. It was this provision in 
earlier legislation that helped to cause the legislation not to be 
enacted by the Senate. We believe that by listening to our colleagues 
and developing more flexibility among states in how these dollars might 
be spent, we can develop legislation that will pass the Senate.
  We are glad to see that Congressmen Young and Miller have introduced 
a similar piece of legislation in the House of Representatives. We look 
forward to working with them.
  We are pleased tat already more than two dozen national organizations 
representing millions of Americans have expressed their support for the 
American outdoors Act of 2004. These organizations range from the U.S. 
Conference of Mayors, to the National Wildlife Federation, to Ducks 
Unlimited, and the City Parks Alliance. We invite all Americans and our 
colleagues of both political parties, to join with us in providing a 
legacy for the next generation to enjoy the great American outdoors.
  Someone once said that Italy has its art, England its history, and 
the United States has the great American outdoors. Our magnificent 
land, as much of our love of liberty, is at the core of our character. 
It has inspired our pioneer spirit, our resourcefulness and our 
generosity. Its greatness has fueled our individualism and optimism, 
and made us believe that anything is possible. It has influenced our 
music, literature, science and language. It has served as the training 
ground of our athletes and philosophers, of poets and defenders of 
American ideals.
  That is why there is a conservation majority--a large conservation 
majority--in the United States of America. That is why, I believe, that 
when this bill comes to the floor, there will be a large conservation 
majority in the U.S. Senate.
  Mr. President, I ask unanimous consent that a list of the more than 
two dozen organizations--from the United States Conference of Mayors, 
to the National Wildlife Federation, to Ducks Unlimited, to the 
Conservation Council, and many others--representing millions of 
Americans in support of the Americans Outdoors Act of 2004 be printed 
in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

               List of Americans Outdoors Bill Supporters

National Governors Association has a policy consistent with this bill. 
   National Governors Association has not formally endorsed the bill.

     US Conference of Mayors
     National Wildlife Federation
     International Association of Fish and Wildlife Agencies
     Outdoor Industry Association
     American Sportfishing Association
     National Wild Turkey Federation
     United States Soccer Foundation
     United States Soccer Federation
     National Marine Manufacturers Association
     American Planning Association
     American Society of Landscape Architects
     Americans for Our Heritage and Recreation
     City Parks Alliance
     The Conservation Fund
     National Association of State Outdoor Recreation Liaison 
         Officers
     National Association of State Park Directors
     National Council of Youth Sports
     National Recreation and Park Association
     Outdoor Industry Association
     SGMA International
     Smart Growth International
     Archery Trade Association
     Theodore Roosevelt Conservation Partnership
     Boone and Crockett Club
     The Wildlife Society
     AZ Antelope Foundation
     AZ Desert Bighorn Sheep Society
     AZ Wildlife Conservation Council
     BASS/ESPN Outdoors
     WILDEATS Enterprises
     Association of Native Americans
     Trout Unlimited
     Ducks Unlimited
     PA BASS Federation
     Western Clinton Sportsmen's Association
     Hodgman, Inc
     Federation of Fly Fishers
     The Conservation Council
     State of Louisiana

  Mr. ALEXANDER. Mr. President, I ask unanimous consent that the text 
of the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2590

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Americans 
     Outdoors Act of 2004''.

[[Page 13858]]

       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.

        TITLE I--DISPOSITION OF OUTER CONTINENTAL SHELF REVENUES

Sec. 101. Disposition.

                  TITLE II--COASTAL IMPACT ASSISTANCE

Sec. 201. Coastal Impact Assistance Program.

              TITLE III--LAND AND WATER CONSERVATION FUND

Sec. 301. Apportionment of amounts available for State purposes.
Sec. 302. State planning.
Sec. 303. Assistance to States for other projects.
Sec. 304. Conversion of property to other use.
Sec. 305. Water rights.

           TITLE IV--CONSERVATION AND RESTORATION OF WILDLIFE

Sec. 401. Purposes.
Sec. 402. Definitions.
Sec. 403. Wildlife Conservation and Restoration Account.
Sec. 404. Apportionment to Indian tribes.
Sec. 405. No effect on prior appropriations.

          TITLE V--URBAN PARK AND RECREATION RECOVERY PROGRAM

Sec. 501. Expansion of purpose of Urban Park and Recreation Recovery 
              Act of 1978 to include development of new areas and 
              facilities.
Sec. 502. Definitions.
Sec. 503. Eligibility.
Sec. 504. Grants.
Sec. 505. Recovery action programs.
Sec. 506. State action incentives.
Sec. 507. Conversion of recreation property.
Sec. 508. Treatment of transferred amounts.
Sec. 509. Repeal.

        TITLE I--DISPOSITION OF OUTER CONTINENTAL SHELF REVENUES

     SEC. 101. DISPOSITION.

       Section 9 of the Outer Continental Shelf Lands Act (43 
     U.S.C. 1338) is amended to read as follows:

     ``SEC. 9. DISPOSITION OF REVENUES.

       ``(a) In General.--For each of fiscal years 2005 through 
     2010, the Secretary of the Treasury shall deposit in the 
     Treasury of the United States all qualified outer continental 
     shelf revenues (as defined in section 31(a)).
       ``(b) Transfer for Conservation Royalty Expenditures.--For 
     each of fiscal years 2005 through 2010, from amounts 
     deposited for the preceding fiscal year under subsection (a), 
     the Secretary of the Treasury shall transfer--
       ``(1) to the Secretary to make payments under section 31, 
     $500,000,000;
       ``(2) to the Land and Water Conservation Fund to provide 
     financial assistance to States under section 6 of the Land 
     and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-8), 
     $450,000,000;
       ``(3) to the Federal aid to wildlife restoration fund 
     established under section 3 of the Pittman-Robertson Wildlife 
     Restoration Act (16 U.S.C. 669b) for deposit in the Wildlife 
     Conservation and Restoration Account, $350,000,000; and
       ``(4) to the Secretary to carry out the Urban Park and 
     Recreation Recovery Act of 1978 (16 U.S.C. 2501 et seq.), 
     $125,000,000. ''.

                  TITLE II--COASTAL IMPACT ASSISTANCE

     SEC. 201. COASTAL IMPACT ASSISTANCE PROGRAM.

       Section 31 of the Outer Continental Shelf Lands Act (43 
     U.S.C. 1356a) is amended to read as follows:

     ``SEC. 31. COASTAL IMPACT ASSISTANCE PROGRAM.

       ``(a) Definitions.--In this section:
       ``(1) Coastal political subdivision.--The term `coastal 
     political subdivision' means a political subdivision of a 
     coastal State any part of which political subdivision is--
       ``(A) within the coastal zone (as defined in section 304 of 
     the Coastal Zone Management Act of 1972 (16 U.S.C. 1453)) of 
     the coastal State; and
       ``(B) not more than 200 miles from the geographic center of 
     any leased tract.
       ``(2) Coastal population.--The term `coastal population' 
     means the population, as determined by the most recent 
     official data of the Census Bureau, of each political 
     subdivision any part of which lies within the designated 
     coastal boundary of a State (as defined in a State's coastal 
     zone management program under the Coastal Zone Management Act 
     of 1972 (16 U.S.C. 1451 et seq.)).
       ``(3) Coastal state.--The term `coastal State' has the 
     meaning given the term in section 304 of the Coastal Zone 
     Management Act of 1972 (16 U.S.C. 1453).
       ``(4) Coastline.--The term `coastline' has the meaning 
     given the term `coast line' in section 2 of the Submerged 
     Lands Act (43 U.S.C. 1301).
       ``(5) Distance.--The term `distance' means the minimum 
     great circle distance, measured in statute miles.
       ``(6) Leased tract.--The term `leased tract' means a tract 
     that is subject to a lease under section 6 or 8 for the 
     purpose of drilling for, developing, and producing oil or 
     natural gas resources.
       ``(7) Political subdivision.--The term `political 
     subdivision' means the local political jurisdiction 
     immediately below the level of State government, including 
     counties, parishes, and boroughs.
       ``(8) Producing state.--
       ``(A) In general.--The term `producing State' means a 
     coastal State with a coastal seaward boundary within 200 
     miles from the geographic center of a leased tract.
       ``(B) Exclusion.--The term `producing State' does not 
     include a leased tract or portion of a leased tract that is 
     located in a geographic area subject to a leasing moratorium 
     on January 1, 2002, unless the lease was in production on 
     that date.
       ``(9) Qualified outer continental shelf revenues.--
       ``(A) In general.--The term `qualified Outer Continental 
     Shelf revenues' means all amounts received by the United 
     States after January 1, 2003, from each leased tract or 
     portion of a leased tract--
       ``(i) lying--

       ``(I) seaward of the zone covered by section 8(g); or
       ``(II) within that zone, but to which section 8(g) does not 
     apply; and

       ``(ii) the geographic center of which lies within a 
     distance of 200 miles from any part of the coastline of any 
     coastal State.
       ``(B) Inclusions.--The term `qualified Outer Continental 
     Shelf revenues' includes bonus bids, rents, royalties 
     (including payments for royalty taken in kind and sold), net 
     profit share payments, and related late-payment interest from 
     natural gas and oil leases issued under this Act.
       ``(C) Exclusion.--The term `qualified Outer Continental 
     Shelf revenues' does not include any revenues from a leased 
     tract or portion of a leased tract that is located in a 
     geographic area subject to a leasing moratorium on January 1, 
     2002, unless the lease was in production on that date.
       ``(10) Transferred amount.--The term `transferred amount' 
     means the amount transferred to the Secretary under section 9 
     to make payments to producing States and coastal political 
     subdivisions under this section for a fiscal year.
       ``(b) Payments to Producing States and Coastal Political 
     Subdivisions.--
       ``(1) In general.--For each of fiscal years 2005 through 
     2010, the transferred amount shall be allocated by the 
     Secretary among producing States and coastal political 
     subdivisions in accordance with this section.
       ``(2) Disbursement.--In each fiscal year, the Secretary 
     shall, without further appropriation, disburse to each 
     producing State for which the Secretary has approved a plan 
     under subsection (c), and to coastal political subdivisions 
     under paragraph (4), such funds as are allocated to the 
     producing State or coastal political subdivision, 
     respectively, under this section for the fiscal year.
       ``(3) Allocation among producing states.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the transferred amount shall be allocated to each producing 
     State in the proportion that, for the preceding 5-year 
     period--
       ``(i) the amount of qualified outer Continental Shelf 
     revenues generated off the coastline of the producing State; 
     bears to
       ``(ii) the amount of qualified outer Continental Shelf 
     revenues generated off the coastline of all producing States.
       ``(B) Multiple producing states.--In a case in which more 
     than 1 producing State is located within 200 miles of any 
     portion of a leased tract, the amount allocated to each 
     producing State for the leased tract shall be inversely 
     proportional to the distance between--
       ``(i) the nearest point on the coastline of the producing 
     State; and
       ``(ii) the geographic center of the leased tract.
       ``(4) Payments to coastal political subdivisions.--
       ``(A) In general.--The Secretary shall pay 35 percent of 
     the amount allocated under paragraph (3) to the coastal 
     political subdivisions in the producing State.
       ``(B) Formula.--Of the amount paid by the Secretary to 
     coastal political subdivisions under subparagraph (A)--
       ``(i) 25 percent shall be allocated to each coastal 
     political subdivision in the proportion that--

       ``(I) the coastal population of the coastal political 
     subdivision; bears to
       ``(II) the coastal population of all coastal political 
     subdivisions in the producing State;

       ``(ii) 25 percent shall be allocated to each coastal 
     political subdivision in the proportion that--

       ``(I) the number of miles of coastline of the coastal 
     political subdivision; bears to
       ``(II) the number of miles of coastline of all coastal 
     political subdivisions in the producing State; and

       ``(iii) 50 percent shall be allocated in amounts that are 
     inversely proportional to the respective distances between 
     the points in each coastal political subdivision that are 
     closest to the geographic center of each leased tract, as 
     determined by the Secretary.
       ``(C) Exception for the state of louisiana.--For the 
     purposes of subparagraph (B)(ii), the coastline for coastal 
     political subdivisions in the State of Louisiana without a 
     coastline shall be the average length of the coastline of all 
     other coastal political subdivisions in the State of 
     Louisiana.
       ``(D) Exception for the state of alaska.--For the purposes 
     of carrying out subparagraph (B)(iii) in the State of Alaska, 
     the

[[Page 13859]]

     amounts allocated shall be divided equally among the 2 
     coastal political subdivisions that are closest to the 
     geographic center of a leased tract.
       ``(E) Exclusion of certain leased tracts.--For purposes of 
     subparagraph (B)(iii), a leased tract or portion of a leased 
     tract shall be excluded if the tract or portion of a leased 
     tract is located in a geographic area subject to a leasing 
     moratorium on January 1, 2002, unless the lease was in 
     production on that date.
       ``(5) No approved plan.--
       ``(A) In general.--Subject to subparagraph (B) and except 
     as provided in subparagraph (C), in a case in which any 
     amount allocated to a producing State or coastal political 
     subdivision under paragraph (3) or (4) is not disbursed 
     because the producing State does not have in effect a plan 
     that has been approved by the Secretary under subsection (c), 
     the Secretary shall allocate the undisbursed amount equally 
     among all other producing States.
       ``(B) Retention of allocation.--The Secretary shall hold in 
     escrow an undisbursed amount described in subparagraph (A) 
     until such date as the final appeal regarding the disapproval 
     of a plan submitted under subsection (c) is decided.
       ``(C) Waiver.--The Secretary may waive subparagraph (A) 
     with respect to an allocated share of a producing State and 
     hold the allocable share in escrow if the Secretary 
     determines that the producing State is making a good faith 
     effort to develop and submit, or update, a plan in accordance 
     with subsection (c).
       ``(c) Coastal Impact Assistance Plan.--
       ``(1) Submission of state plans.--
       ``(A) In general.--Not later than July 1, 2005, the 
     Governor of a producing State shall submit to the Secretary a 
     coastal impact assistance plan.
       ``(B) Public participation.--In carrying out subparagraph 
     (A), the Governor shall solicit local input and provide for 
     public participation in the development of the plan.
       ``(2) Approval.--
       ``(A) In general.--The Secretary shall approve a plan of a 
     producing State submitted under paragraph (1) before 
     disbursing any amount to the producing State, or to a coastal 
     political subdivision located in the producing State, under 
     this section.
       ``(B) Components.--The Secretary shall approve a plan 
     submitted under paragraph (1) if--
       ``(i) the Secretary determines that the plan is consistent 
     with the uses described in subsection (d); and
       ``(ii) the plan contains--

       ``(I) the name of the State agency that will have the 
     authority to represent and act on behalf of the producing 
     State in dealing with the Secretary for purposes of this 
     section;
       ``(II) a program for the implementation of the plan that 
     describes how the amounts provided under this section to the 
     producing State will be used;
       ``(III) for each coastal political subdivision that 
     receives an amount under this section--

       ``(aa) the name of a contact person; and
       ``(bb) a description of how the coastal political 
     subdivision will use amounts provided under this section;

       ``(IV) a certification by the Governor that ample 
     opportunity has been provided for public participation in the 
     development and revision of the plan; and
       ``(V) a description of measures that will be taken to 
     determine the availability of assistance from other relevant 
     Federal resources and programs.

       ``(3) Amendment.--Any amendment to a plan submitted under 
     paragraph (1) shall be--
       ``(A) developed in accordance with this subsection; and
       ``(B) submitted to the Secretary for approval or 
     disapproval under paragraph (4).
       ``(4) Procedure.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     not later than 90 days after the date on which a plan or 
     amendment to a plan is submitted under paragraph (1) or (3), 
     the Secretary shall approve or disapprove the plan or 
     amendment.
       ``(B) Exception.--For fiscal year 2005, the Secretary shall 
     approve or disapprove a plan submitted under paragraph (1) 
     not later than December 31, 2005.
       ``(d) Authorized Uses.--
       ``(1) In general.--A producing State or coastal political 
     subdivision shall use all amounts received under this 
     section, including any amount deposited in a trust fund that 
     is administered by the State or coastal political subdivision 
     and dedicated to uses consistent with this section, in 
     accordance with all applicable Federal and State law, only 
     for 1 or more of the following purposes:
       ``(A) Projects and activities for the conservation, 
     protection, or restoration of coastal areas, including 
     wetland.
       ``(B) Mitigation of damage to fish, wildlife, or natural 
     resources.
       ``(C) Planning assistance and the administrative costs of 
     complying with this section.
       ``(D) Implementation of a federally-approved marine, 
     coastal, or comprehensive conservation management plan.
       ``(E) Mitigation of the impact of outer Continental Shelf 
     activities through funding of onshore infrastructure projects 
     and public service needs.
       ``(2) Compliance with authorized uses.--If the Secretary 
     determines that any expenditure made by a producing State or 
     coastal political subdivision is not consistent with this 
     subsection, the Secretary shall not disburse any additional 
     amount under this section to the producing State or the 
     coastal political subdivision until such time as all amounts 
     obligated for unauthorized uses have been repaid or 
     reobligated for authorized uses.''.

              TITLE III--LAND AND WATER CONSERVATION FUND

     SEC. 301. APPORTIONMENT OF AMOUNTS AVAILABLE FOR STATE 
                   PURPOSES.

       Section 6 of the Land and Water Conservation Fund Act of 
     1965 (16 U.S.C. 460l-8) is amended--
       (1) in the second sentence of subsection (a), by inserting 
     ``(including facility rehabilitation, but excluding facility 
     maintenance)'' after ``(3) development''; and
       (2) by striking subsection (b) and inserting the following:
       ``(b) Apportionment Among the States.--
       ``(1) Definition of state.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     in this subsection, the term `State' means--
       ``(i) each of the States of the United States;
       ``(ii) the District of Columbia;
       ``(iii) the Commonwealth of Puerto Rico;
       ``(iv) the Commonwealth of the Northern Mariana Islands;
       ``(v) the United States Virgin Islands;
       ``(vi) Guam; and
       ``(vii) American Samoa.
       ``(B) Limitation.--For the purposes of paragraph (3), the 
     States referred to in clauses (iii) through (vii) of 
     subparagraph (A)--
       ``(i) shall be treated collectively as 1 State; and
       ``(ii) shall each receive an apportionment under that 
     paragraph based on the ratio that--

       ``(I) the population of the State; bears to
       ``(II) the population of all the States referred to in 
     clauses (iii) through (vii) of subparagraph (A).

       ``(2) Deduction for administrative expenses.--For each 
     fiscal year, the Secretary may deduct, for payment of 
     administrative expenses incurred by the Secretary in carrying 
     out this section, not more than 1 percent of the amounts made 
     available for financial assistance to States for the fiscal 
     year under this Act.
       ``(3) Apportionment.--
       ``(A) In general.--Not later than 60 days after the end of 
     the fiscal year, the Secretary shall apportion among the 
     States the amounts remaining after making the deduction under 
     paragraph (2).
       ``(B) Formula.--Subject to paragraph (5), of the amounts 
     described in subparagraph (A) for each fiscal year--
       ``(i) 60 percent shall be apportioned equally among the 
     States; and
       ``(ii) 40 percent shall be apportioned among the States 
     based on the ratio that--

       ``(I) the population of each State (as reported in the most 
     recent decennial census); bears to
       ``(II) the population of all of the States (as reported in 
     the most recent decennial census).

       ``(4) Limitation.--For any fiscal year, the total 
     apportionment to any 1 State under paragraph (3) shall not 
     exceed 10 percent of the total amount apportioned to all 
     States for the fiscal year.
       ``(5) State notification.--The Secretary shall notify each 
     State of the amount apportioned to the State under paragraph 
     (3).
       ``(6) Use of funds.--
       ``(A) In general.--Amounts apportioned to a State under 
     paragraph (3) may be used for planning, acquisition, or 
     development projects in accordance with this Act.
       ``(B) Limitation.--Amounts apportioned to a State under 
     paragraph (3) shall not be used for condemnation of land.
       ``(7) Reapportionment.--
       ``(A) In general.--Any portion of an apportionment to a 
     State under this subsection that has not been paid or 
     obligated by the Secretary by the end of the second fiscal 
     year that begins after the date on which notification is 
     provided to the State under paragraph (5) shall be 
     reapportioned by the Secretary in accordance with paragraph 
     (3).
       ``(B) Limitation.--A reapportionment under this paragraph 
     shall be made without regard to the limitation described in 
     paragraph (4).
       ``(8) Apportionment to indian tribes.--
       ``(A) Definition.--In this paragraph, the term `Indian 
     tribe'--
       ``(i) in the case of the State of Alaska, means a Native 
     corporation (as defined in section 3 of the Alaska Native 
     Claims Settlement Act (43 U.S.C. 1602)); and
       ``(ii) in the case of any other State, has the meaning 
     given the term in section 4 of the Indian Self-Determination 
     and Education Assistance Act (25 U.S.C. 450b).
       ``(B) Apportionment.--For the purposes of paragraph (3), 
     each Indian tribe shall be eligible to receive a share of the 
     amount available under paragraph (3) in accordance with a 
     competitive grant program established by the Secretary.
       ``(C) Total apportionment.--The total apportionment 
     available to Indian tribes under

[[Page 13860]]

     subparagraph (B) shall be equal to the amount available to a 
     single State under paragraph (3).
       ``(D) Amount of grant.--For any fiscal year, the grant to 
     any 1 Indian tribe under this paragraph shall not exceed 10 
     percent of the total amount made available to Indian tribes 
     under paragraph (3).
       ``(E) Use of funds.--Funds received by an Indian tribe 
     under this paragraph may be used for the purposes specified 
     in paragraphs (1) and (3) of subsection (a).
       ``(9) Local allocation.--Unless the State demonstrates on 
     an annual basis to the satisfaction of the Secretary that 
     there is a compelling reason not to provide grants under this 
     paragraph, each State (other than the District of Columbia) 
     shall make available, as grants to political subdivisions of 
     the State, not less than 25 percent of the annual State 
     apportionment under this subsection, or an equivalent amount 
     made available from other sources.''.

     SEC. 302. STATE PLANNING.

       (a) In General.--Section 6 of the Land and Water 
     Conservation Fund Act of 1965 (16 U.S.C. 460l-8) is amended 
     by striking subsection (d) and inserting the following:
       ``(d) Selection Criteria; State Action Agenda.--
       ``(1) Selection criteria.--Each State may develop 
     priorities and criteria for selection of outdoor conservation 
     and recreation acquisition and development projects eligible 
     for grants under this Act, if--
       ``(A) the priorities and criteria developed by the State 
     are consistent with this Act;
       ``(B) the State provides for public participation in the 
     development of the priorities and criteria; and
       ``(C) the State develops a State action agenda (referred to 
     in this section as a `State action agenda') that includes the 
     priorities and criteria established under this paragraph.
       ``(2) State action agenda.--
       ``(A) In general.--Not later than 5 years after the date of 
     enactment of this subparagraph, the State, in partnership 
     with political subdivisions of the State and Federal agencies 
     and in consultation with the public, shall develop a State 
     action agenda.
       ``(B) Required elements.--A State action agenda shall--
       ``(i) include strategies to address broad-based and long-
     term needs while focusing on actions that can be funded 
     during the 5-year period covered by the State action agenda;
       ``(ii) take into account all providers of conservation and 
     recreation land in each State, including Federal, regional, 
     and local government resources;
       ``(iii) include the name of the State agency that will have 
     authority to represent and act for the State in dealing with 
     the Secretary for the purposes of this Act;
       ``(iv) describe the priorities and criteria for selection 
     of outdoor recreation and conservation acquisition and 
     development projects; and
       ``(v) include a certification by the Governor of the State 
     that ample opportunity for public participation has been 
     provided in the development of the State action agenda.
       ``(C) Update.--Each State action agenda shall be updated at 
     least once every 5 years.
       ``(D) Certification.--The Governor shall certify that the 
     public has participated in the development of the State 
     action agenda.
       ``(E) Coordination with other plans.--
       ``(i) In general.--The State action agenda shall be 
     coordinated, to the maximum extent practicable, with other 
     State, regional, and local plans for parks, recreation, open 
     space, fish and wildlife, and wetland and other habitat 
     conservation.
       ``(ii) Recovery action programs.--

       ``(I) In general.--The State shall use recovery action 
     programs developed by urban local governments under section 
     1007 of the Urban Park and Recreation Recovery Act of 1978 
     (16 U.S.C. 2506) as a guide to the conclusions, priorities, 
     and action schedules contained in the State action agenda.
       ``(II) Requirements for local planning.--To minimize the 
     redundancy of local outdoor conservation and recreation 
     efforts, each State shall provide that, to the maximum extent 
     practicable, the findings, priorities, and implementation 
     schedules of recovery action programs may be used to meet 
     requirements for local outdoor conservation and recreation 
     planning that are conditions for grants under the State 
     action agenda.

       ``(F) Comprehensive statewide outdoor recreation plan.--A 
     comprehensive statewide outdoor recreation plan developed by 
     a State before the date that is 5 years after the date of 
     enactment of this subparagraph shall remain in effect in the 
     State until a State action agenda is adopted under this 
     paragraph, but not later than 5 years after the date of 
     enactment of that Act.''.
       (b) Conforming Amendments.--
       (1) Section 6(e) of the Land and Water Conservation Fund 
     Act of 1965 (16 U.S.C. 460l-8(e)) is amended--
       (A) in the matter preceding paragraph (1), by inserting 
     ``or State action agenda'' after ``State comprehensive 
     plan''; and
       (B) in paragraph (1), by inserting ``or State action 
     agenda'' after ``comprehensive plan''.
       (2) Section 32(e) of the Bankhead-Jones Farm Tenant Act (7 
     U.S.C. 1011(e)) is amended in the last proviso of the first 
     paragraph by striking ``existing comprehensive statewide 
     outdoor recreation plan found adequate for purposes of the 
     Land and Water Conservation Fund Act of 1965 (78 Stat. 897)'' 
     and inserting ``comprehensive statewide outdoor recreation 
     plan or State action agenda required by section 6 of the Land 
     and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-8)''.
       (3) Section 102(a)(2) of the National Historic Preservation 
     Act (16 U.S.C. 470b(a)(2)) is amended by striking 
     ``comprehensive statewide outdoor recreation plan prepared 
     pursuant to the Land and Water Conservation Fund Act of 1965 
     (78 Stat. 897)'' and inserting ``comprehensive statewide 
     outdoor recreation plan or State action agenda required by 
     section 6 of the Land and Water Conservation Fund Act of 1965 
     (16 U.S.C. 460l-8)''.
       (4) Section 6(a) of the Federal Water Project Recreation 
     Act (16 U.S.C. 460l-17(a)) is amended by striking ``State 
     comprehensive plan developed pursuant to subsection 5(d) of 
     the Land and Water Conservation Fund Act of 1965 (78 Stat. 
     897)'' and inserting ``comprehensive statewide outdoor 
     recreation plan or State action agenda required by section 6 
     of the Land and Water Conservation Fund Act of 1965 (16 
     U.S.C. 460l-8)''.
       (5) Section 8(a) of the National Trails System Act (16 
     U.S.C. 1247(a)) is amended in the first sentence--
       (A) by inserting ``or State action agendas'' after 
     ``comprehensive statewide outdoor recreation plans''; and
       (B) by inserting ``of 1965 (16 U.S.C. 460l-4 et seq.)'' 
     after ``Fund Act''.
       (6) Section 11(a)(2) of the National Trails System Act (16 
     U.S.C. 1250(a)(2)) is amended by striking ``(relating to the 
     development of Statewide Comprehensive Outdoor Recreation 
     Plans)'' and inserting ``(16 U.S.C. 460l-8)''.
       (7) Section 11 of the Wild and Scenic Rivers Act (16 U.S.C. 
     1282) is amended--
       (A) in subsection (a)--
       (i) by inserting ``or State action agendas'' after 
     ``comprehensive statewide outdoor recreation plans''; and
       (ii) by striking ``(78 Stat. 897)'' and inserting ``(16 
     U.S.C. 460l-4 et seq.)''; and
       (B) in subsection (b)(2)(B), by striking ``(relating to the 
     development of statewide comprehensive outdoor recreation 
     plans)'' and inserting ``(16 U.S.C. 460l-8)''.
       (8) Section 206(d) of title 23, United States Code, is 
     amended--
       (A) in paragraph (1)(B), by striking ``statewide 
     comprehensive outdoor recreation plan required by the Land 
     and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et 
     seq.)'' and inserting ``comprehensive statewide outdoor 
     recreation plan or State action agenda required by section 6 
     of the Land and Water Conservation Fund Act of 1965 (16 
     U.S.C. 460l-8)''; and
       (B) in paragraph (2)(D)(ii), by striking ``statewide 
     comprehensive outdoor recreation plan that is required by the 
     Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-
     4 et seq.)'' and inserting ``comprehensive statewide outdoor 
     recreation plan or State action agenda that is required by 
     section 6 of the Land and Water Conservation Fund Act of 1965 
     (16 U.S.C. 460l-8)''.
       (9) Section 202(c)(9) of the Federal Land Policy and 
     Management Act of 1976 (43 U.S.C. 1712(c)(9)) is amended by 
     striking ``statewide outdoor recreation plans developed under 
     the Act of September 3, 1964 (78 Stat. 897), as amended'' and 
     inserting ``comprehensive statewide outdoor recreation plans 
     or State action agendas required by section 6 of the Land and 
     Water Conservation Fund Act of 1965 (16 U.S.C. 460l-8)''.

     SEC. 303. ASSISTANCE TO STATES FOR OTHER PROJECTS.

       Section 6(e) of the Land and Water Conservation Fund Act of 
     1965 (16 U.S.C. 460l-8(e)) is amended--
       (1) in paragraph (1), by striking ``, but not including 
     incidental costs relating to acquisition''; and
       (2) in paragraph (2), by inserting before the colon the 
     following: ``or to enhance public safety in a designated park 
     or recreation area''.

     SEC. 304. CONVERSION OF PROPERTY TO OTHER USE.

       Section 6(f)(3) of the Land and Water Conservation Fund Act 
     of 1965 (16 U.S.C. 460l-8(f)(3)) is amended--
       (1) by striking ``(3) No property'' and inserting the 
     following:
       ``(3) Conversion of property to other use.--
       ``(A) In general.--No property''; and
       (2) by striking the second sentence and inserting the 
     following:
       ``(B) Requirements for approval.--The Secretary shall 
     approve a conversion under subparagraph (A) if--
       ``(i) the State demonstrates that there is no other prudent 
     or feasible alternative;
       ``(ii) the property no longer meets the criteria in the 
     comprehensive statewide outdoor recreation plan or State 
     action agenda for an outdoor conservation and recreation 
     facility because of changes in demographics; or
       ``(iii) the property must be abandoned because of 
     environmental contamination that endangers public health or 
     safety.
       ``(C) Conditions.--A conversion under subparagraph (A) 
     shall satisfy any conditions that the Secretary determines to 
     be necessary to ensure the substitution of other conservation 
     or recreation property that is--

[[Page 13861]]

       ``(i) of at least equal fair market value;
       ``(ii) of reasonably equivalent usefulness and location; 
     and
       ``(iii) consistent with the comprehensive statewide outdoor 
     recreation plan or State action agenda.''.

     SEC. 305. WATER RIGHTS.

       Title I of the Land and Water Conservation Fund Act of 1965 
     (16 U.S.C. 460l-4 et seq.) is amended by adding at the end 
     the following:

     ``SEC. 14. WATER RIGHTS.

       ``Nothing in this title--
       ``(1) invalidates, preempts, or modifies any Federal or 
     State water law or an interstate compact relating to water, 
     including water quality and disposal;
       ``(2) alters the rights of any State to an appropriated 
     share of the water of any body of surface water or 
     groundwater, as established by interstate compacts entered 
     into, legislation enacted, or final judicial allocations 
     adjudicated before, on, or after the date of enactment of 
     this Act; or
       ``(3) confers on any non-Federal entity the ability to 
     exercise any Federal right to the waters of any stream or to 
     any ground water resource.''.

           TITLE IV--CONSERVATION AND RESTORATION OF WILDLIFE

     SEC. 401. PURPOSES.

       The purposes of this title are--
       (1) to ensure adequate funding of the program established 
     under the amendments to the Pittman-Robertson Wildlife 
     Restoration Act (16 U.S.C. 669 et seq.) enacted by title IX 
     of H.R. 5548 of the 106th Congress, as enacted by section 
     1(a)(2) of Public Law 106-553 (114 Stat. 2762, 2762A-118); 
     and
       (2) to ensure the conservation and sustainability of fish 
     and wildlife to provide and promote greater hunting, angling, 
     and wildlife viewing opportunities.

     SEC. 402. DEFINITIONS.

       Section 2 of the Pittman-Robertson Wildlife Restoration Act 
     (16 U.S.C. 669a) is amended--
       (1) by redesignating paragraphs (1), (2), (3), (4), (5), 
     (6), (7), and (8) as paragraphs (2), (4), (5), (6), (7), (8), 
     (9), and (10), respectively;
       (2) by inserting before paragraph (2) (as redesignated by 
     paragraph (1)) the following:
       ``(1) Account.--The term `Account' means the Wildlife 
     Conservation and Restoration Account established by section 
     3(a)(2).'';
       (3) by inserting after paragraph (2) (as redesignated by 
     paragraph (1)) the following:
       ``(3) Indian tribe.--The term `Indian tribe'--
       ``(A) in the case of the State of Alaska, means a Native 
     corporation (as defined in section 3 of the Alaska Native 
     Claims Settlement Act (43 U.S.C. 1602)); and
       ``(B) in the case of any other State, has the meaning given 
     the term in section 4 of the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 450b).'';
       (4) in paragraph (6) (as redesignated by paragraph (1)), by 
     striking ``including fish'' and inserting ``(including, for 
     purposes of section 4(d), fish)''; and
       (5) in paragraph (10) (as redesignated by paragraph (1)), 
     by striking ``includes the wildlife conservation and 
     restoration program and''.

     SEC. 403. WILDLIFE CONSERVATION AND RESTORATION ACCOUNT.

       Section 3 of the Pittman-Robertson Wildlife Restoration Act 
     (16 U.S.C. 669b) is amended--
       (1) by striking ``Sec. 3. (a)(1) An'' and inserting the 
     following:

     ``SEC. 3. FEDERAL AID TO WILDLIFE RESTORATION FUND.

       ``(a) In General.--
       ``(1) Federal aid to wildlife restoration fund.--An''; and
       (2) in subsection (a)--
       (A) in paragraph (1), by striking ``Federal aid to wildlife 
     restoration fund'' and inserting ``Federal Aid to Wildlife 
     Restoration Fund''; and
       (B) by striking paragraph (2) and inserting the following:
       ``(2) Wildlife conservation and restoration account.--
       ``(A) Establishment.--There is established in the fund a 
     subaccount to be known as the `Wildlife Conservation and 
     Restoration Account'.
       ``(B) Funding.--Amounts transferred to the fund for a 
     fiscal year under section 9(b)(3) of the Outer Continental 
     Shelf Lands Act--
       ``(i) shall be deposited in the Account; and
       ``(ii) shall be available, without further appropriation, 
     to carry out State wildlife conservation and restoration 
     programs under section 4(d).''.

     SEC. 404. APPORTIONMENT TO INDIAN TRIBES.

       (a) In General.--Section 4 of the Pittman-Robertson 
     Wildlife Restoration Act (16 U.S.C. 669c) is amended--
       (1) by redesignating the first subsection (c) as subsection 
     (e); and
       (2) in subsection (c), by striking paragraph (1) and 
     inserting the following:
       ``(1) Apportionment to district of columbia, puerto rico, 
     territories, and indian tribes.--
       ``(A) In general.--Subject to subparagraph (B), for each 
     fiscal year, the Secretary shall apportion from amounts 
     available in the Account for the fiscal year--
       ``(i) to each of the District of Columbia and the 
     Commonwealth of Puerto Rico, an amount equal to not more than 
     \1/2\ of 1 percent of amounts available in the Account;
       ``(ii) to each of Guam, American Samoa, the Commonwealth of 
     the Northern Mariana Islands, and the United States Virgin 
     Islands, a sum equal to not more than \1/4\ of 1 percent of 
     amounts available in the Account; and
       ``(iii) to Indian tribes, an amount equal to not more than 
     2\1/4\ percent of amounts available in the Account, of 
     which--

       ``(I) \1/3\ shall be apportioned based on the ratio that 
     the trust land area of each Indian tribe bears to the total 
     trust land area of all Indian tribes; and
       ``(II) \2/3\ shall be apportioned based on the ratio that 
     the population of each Indian tribe bears to the total 
     population of all Indian tribes.

       ``(B) Maximum apportionment to indian tribes.--For each 
     fiscal year, the amounts apportioned under subparagraph 
     (A)(iii) shall be adjusted proportionately so that no Indian 
     tribe is apportioned a sum that is more than 5 percent of the 
     amount available for apportionment under subparagraph 
     (A)(iii) for the fiscal year.''.
       (b) Conforming Amendments.--
       (1) Section 3(c)(2) of the Pittman-Robertson Wildlife 
     Restoration Act (16 U.S.C. 669b(c)(2)) is amended by striking 
     ``sections 4(d) and (e) of this Act'' and inserting 
     ``subsection (c) and (d) of section 4''.
       (2) Section 4(b) of the Pittman-Robertson Wildlife 
     Restoration Act (16 U.S.C. 669c(b)) is amended by striking 
     ``subsection (c)'' and inserting ``subsection (e)''.
       (3) Section 4(d) of the Pittman-Robertson Wildlife 
     Restoration Act (16 U.S.C. 669c(d)) is amended--
       (A) in paragraph (1)--
       (i) in subparagraph (A), by redesignating clauses (i), 
     (ii), and (iii) as subclauses (I), (II), and (III), 
     respectively, and indenting the subclauses appropriately;
       (ii) by redesignating subparagraphs (A), (B), and (C) as 
     clauses (i), (ii), and (iii), respectively, and indenting the 
     clauses appropriately;
       (iii) by striking ``(1) Any State'' and inserting the 
     following:
       ``(1) Requirements.--
       ``(A) In general.--Any State'';
       (iv) by striking ``To apply'' and inserting the following:
       ``(B) Plan.--To apply'';
       (v) in subparagraph (A) (as designated by clause (iii))--

       (I) by inserting ``or Indian tribe'' before ``may apply''; 
     and
       (II) by striking ``develop a program'' and inserting the 
     following: ``develop a program for the conservation and 
     restoration of species of wildlife identified by the State'';

       (vi) in subparagraph (B) (as designated by clause (iv))--

       (I) in the matter preceding clause (i) (as redesignated by 
     clause (ii)), by inserting ``or Indian tribe'' before ``shall 
     submit''; and
       (II) in clause (i) (as redesignated by clause (ii)), by 
     inserting ``or Indian tribe'' after ``State'';

       (vii) by redesignating subparagraph (D) as subparagraph 
     (C); and
       (viii) in subparagraph (C) (as redesignated by clause 
     (vii))--

       (I) in the matter preceding clause (i), by inserting ``a 
     State or Indian tribe shall'' before ``develop and begin'';
       (II) in clause (i), by inserting ``or Indian tribe'' before 
     ``deems appropriate'';
       (III) in clauses (ii), (iii), (iv), and (vii), by striking 
     ``paragraph (1)'' and inserting ``subparagraph (A)'';
       (IV) in clause (vi)--

       (aa) by striking ``State wildlife conservation strategy'' 
     and inserting ``wildlife conservation strategy of the State 
     or Indian tribe''; and
       (bb) by striking the semicolon at the end and inserting ``; 
     and''; and

       (V) in clause (vii), by inserting ``by'' after 
     ``feasible'';

       (B) in paragraph (2), by inserting ``or Indian tribe'' 
     after ``State'';
       (C) in paragraph (3), by inserting ``or Indian tribe'' 
     after ``State'' each place it appears; and
       (D) in paragraph (4)--
       (i) in subparagraph (A), by striking ``State's wildlife 
     conservation and restoration program'' each place it appears 
     and inserting ``wildlife conservation and restoration program 
     of a State or Indian tribe''; and
       (ii) in subparagraph (B)--

       (I) by inserting ``or Indian tribe'' after ``each State''; 
     and
       (II) by striking ``State's wildlife conservation and 
     restoration program'' and inserting ``wildlife conservation 
     and restoration program of a State or Indian tribe''.

       (4) Section 8(b) of the Pittman-Robertson Wildlife 
     Restoration Act (16 U.S.C. 669g(b)) is amended by striking 
     ``section 4(c)'' and inserting ``section 4(e)''.
       (5) Section 10 of the Pittman-Robertson Wildlife 
     Restoration Act (16 U.S.C. 669h-1) is amended--
       (A) in subsection (a)(1)--
       (i) in subparagraph (A), by inserting ``or obligated'' 
     after ``used''; and
       (ii) in subparagraph (B), by inserting ``or obligated'' 
     after ``used''; and
       (B) by striking ``section 4(c)'' each place it appears and 
     inserting ``section 4(e)''

     SEC. 405. NO EFFECT ON PRIOR APPROPRIATIONS.

       Nothing in this title or any amendment made by this title 
     applies to or otherwise affects the availability or use of 
     any amounts

[[Page 13862]]

     appropriated before the date of enactment of this Act.

          TITLE V--URBAN PARK AND RECREATION RECOVERY PROGRAM

     SEC. 501. EXPANSION OF PURPOSE OF URBAN PARK AND RECREATION 
                   RECOVERY ACT OF 1978 TO INCLUDE DEVELOPMENT OF 
                   NEW AREAS AND FACILITIES.

       Section 1003 of the Urban Park and Recreation Recovery Act 
     of 1978 (16 U.S.C. 2502) is amended in the first sentence by 
     striking ``recreation areas, facilities,'' and inserting 
     ``recreation areas and facilities, the development of new 
     recreation areas and facilities (including acquisition of 
     land for that development),'' .

     SEC. 502. DEFINITIONS.

       Section 1004 of the Urban Park and Recreation Recovery Act 
     of 1978 (16 U.S.C. 2503) is amended--
       (1) by striking ``When used in this title the term--'' and 
     inserting ``In this title:'';
       (2) by redesignating paragraphs (1), (2), and (3) of 
     subsection (d) as subparagraphs (A), (B), and (C), 
     respectively, and indenting appropriately;
       (3) by redesignating subsections (a), (b), (c), (d), (e), 
     (f), (g), (h), (i), (j), and (k) as paragraphs (9), (10), 
     (4), (1), (8), (6), (3), (12), (7), (13), and (5), 
     respectively, and moving the paragraphs to appear in 
     numerical order;
       (4) in each of paragraphs (1), (3), (4), (5), (6), (7), 
     (8), (9), (10), (12), and (13) (as redesignated by paragraph 
     (3))--
       (A)(i) by inserting ``_____.--The term'' before the first 
     quotation mark; and
       (ii) by inserting in the blank the term that is in 
     quotations in each paragraph, respectively; and
       (B) by capitalizing the first letter of the term as 
     inserted in the blank under subparagraph (A)(ii);
       (5) in each of paragraphs (1), (3), (4), (6), (7), (8), 
     (9), (10), and (12) (as redesignated by paragraph (3)), by 
     striking the semicolon at the end and inserting a period;
       (6) in paragraph (13) (as redesignated by paragraph (3)), 
     by striking ``; and'' at the end and inserting a period;
       (7) by inserting after paragraph (1) (as redesignated by 
     paragraph (3)) the following:
       ``(2) Development grant.--
       ``(A) In general.--The term `development grant' means a 
     matching capital grant made to a unit of local government to 
     cover costs of development, land acquisition, and 
     construction at 1 or more existing or new neighborhood 
     recreation sites (including indoor and outdoor recreational 
     areas and facilities, support facilities, and landscaping).
       ``(B) Exclusions.--The term `development grant' does not 
     include a grant made to pay the costs of routine maintenance 
     or upkeep activities.'';
       (8) in paragraph (5) (as redesignated by paragraph (3)), by 
     inserting ``the Commonwealth of'' before ``Northern Mariana 
     Islands''; and
       (9) by inserting after paragraph (10) (as redesignated by 
     paragraph (3)) the following:
       ``(11) Secretary.--The term `Secretary' means the Secretary 
     of the Interior.''.

     SEC. 503. ELIGIBILITY.

       Section 1005 of the Urban Park and Recreation Recovery Act 
     of 1978 (16 U.S.C. 2504) is amended by striking subsection 
     (a) and inserting the following:
       ``(a) Eligibility for Assistance.--
       ``(1) Definition of general purpose local government.--For 
     the purpose of determining eligibility for assistance under 
     this title, the term `general purpose local government' 
     includes--
       ``(A) any political subdivision of a metropolitan, primary, 
     or consolidated statistical area, as determined by the most 
     recent decennial census;
       ``(B) any other city, town, or group of 1 or more cities or 
     towns within a metropolitan statistical area described in 
     subparagraph (A) that has a total population of at least 
     50,000, as determined by the most recent decennial census; 
     and
       ``(C) any other county, parish, or township with a total 
     population of at least 250,000, as determined by the most 
     recent decennial census.
       ``(2) Selection.--The Secretary shall award assistance to 
     general purpose local governments under this title on the 
     basis of need, as determined by the Secretary.''.

     SEC. 504. GRANTS.

       Section 1006(a) of the Urban Park and Recreation Recovery 
     Act of 1978 (16 U.S.C. 2505(a)) is amended--
       (1) in the first sentence, by striking ``rehabilitation and 
     innovative'';
       (2) in paragraph (1), by striking ``rehabilitation and 
     innovation''; and
       (3) in paragraph (2), by striking ``rehabilitation or 
     innovative''.

     SEC. 505. RECOVERY ACTION PROGRAMS.

       Section 1007(a) of the Urban Park and Recreation Recovery 
     Act of 1978 (16 U.S.C. 2506(a)) is amended--
       (1) in the first sentence, by inserting ``development,'' 
     after ``commitments to ongoing planning,''; and
       (2) in paragraph (2), by inserting ``development and'' 
     after ``adequate planning for''.

     SEC. 506. STATE ACTION INCENTIVES.

       Section 1008 of the Urban Park and Recreation Recovery Act 
     of 1978 (16 U.S.C. 2507) is amended--
       (1) in the first sentence, by inserting ``(a) In general.--
     '' before ``The Secretary is authorized''; and
       (2) by striking the last sentence of subsection (a) (as 
     designated by paragraph (1)) and inserting the following:
       ``(b) Coordination With Land and Water Conservation Fund 
     Activities.--
       ``(1) In general.--The Secretary and general purpose local 
     governments are encouraged to coordinate the preparation of 
     recovery action programs required by this title with 
     comprehensive statewide outdoor recreation plans or State 
     action agendas required by section 6 of the Land and Water 
     Conservation Fund Act of 1965 (16 U.S.C. 460l-8) (including 
     by allowing flexibility in preparation of recovery action 
     programs so that those programs may be used to meet State and 
     local qualifications for local receipt of grants under that 
     Act or State grants for similar purposes or for other 
     conservation or recreation purposes).
       ``(2) Considerations.--The Secretary shall encourage States 
     to consider the findings, priorities, strategies, and 
     schedules included in the recovery action programs of the 
     urban localities of the States in preparation and updating of 
     comprehensive statewide outdoor recreation plans or State 
     action agendas in accordance with the public participation 
     and citizen consultation requirements of section 6(d) of the 
     Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-
     8(d)).''.

     SEC. 507. CONVERSION OF RECREATION PROPERTY.

       Section 1010 of the Urban Park and Recreation Recovery Act 
     of 1978 (16 U.S.C. 2509) is amended to read as follows:

     ``SEC. 1010. CONVERSION OF RECREATION PROPERTY.

       ``(a) In General.--Except as provided in subsection (b), no 
     property developed, acquired, improved, or rehabilitated 
     using funds from a grant under this title shall, without the 
     approval of the Secretary, be converted to any purpose other 
     than a public recreation purpose.
       ``(b) Approval.--
       ``(1) In general.--The Secretary shall approve the 
     conversion of property under subsection (a) to a purpose 
     other than a public recreation purpose only if the grant 
     recipient demonstrates that no prudent or feasible 
     alternative exists.
       ``(2) Applicability.--Paragraph (1) applies to property 
     that--
       ``(A) is no longer viable for use as a recreation facility 
     because of changes in demographics; or
       ``(B) must be abandoned because of environmental 
     contamination or any other condition that endangers public 
     health or safety.
       ``(c) Conditions.--Any conversion of property under this 
     section shall satisfy such conditions as the Secretary 
     considers necessary to ensure the substitution for the 
     property of other recreation property that is--
       ``(1) at a minimum, equivalent in fair market value, 
     usefulness, and location; and
       ``(2) subject to the recreation recovery action program of 
     the grant recipient that is in effect as of the date of the 
     conversion of the property.''.

     SEC. 508. TREATMENT OF TRANSFERRED AMOUNTS.

       Section 1013 of the Urban Park and Recreation Recovery Act 
     of 1978 (16 U.S.C. 2512) is amended to read as follows:

     ``SEC. 1013. FUNDING.

       ``(a) Treatment of Amounts Transferred From Get Outdoors 
     Act Fund.--
       ``(1) In general.--Amounts transferred to the Secretary 
     under section 9(b)(4) of the Outer Continental Shelf Lands 
     Act (43 U.S.C. 1338(b)(4)) for a fiscal year shall be 
     available to the Secretary, without further appropriation, to 
     carry out this title.
       ``(2) Unpaid and unobligated amounts.--Any amount described 
     in paragraph (1) that is not paid or obligated by the 
     Secretary before the end of the second fiscal year beginning 
     after the first fiscal year in which the amount is made 
     available under paragraph (1) shall be reapportioned by the 
     Secretary among grant recipients under this title.
       ``(b) Deduction for Administrative Expenses.--For each 
     fiscal year, the Secretary may deduct, for payment of 
     administrative expenses incurred by the Secretary in carrying 
     out this section, not more than 4 percent of the amounts made 
     available to the Secretary for the fiscal year under 
     subsection (a).
       ``(c) Limitations on Annual Grants.--After making the 
     deduction under subsection (b), of the amounts made available 
     for a fiscal year under subsection (a)--
       ``(1) not more than 10 percent may be used for innovation 
     grants under section 1006;
       ``(2) not more than 3 percent may be used for grants for 
     the development of local park and recreation recovery action 
     programs under subsections (a) and (c) of section 1007; and
       ``(3) not more than 15 percent, in the aggregate, may be 
     provided in the form of grants for projects in any 1 State.
       ``(d) Limitation on Use for Grant Administration.--The 
     Secretary shall establish a limit on the percentage, not to 
     exceed 25 percent, of any grant under this title that may be 
     used for grant and program administration.''.

[[Page 13863]]



     SEC. 509. REPEAL.

       Sections 1014 and 1015 of the Urban Park and Recreation 
     Recovery Act of 1978 (16 U.S.C. 2513, 2514) are repealed.

  Ms. LANDRIEU. Mr. President, I am pleased to join my colleague 
Senator Alexander as we introduce this very significant conservation 
legislation. The junior Senator from Tennessee has been a long-time 
effective advocate for the environment and for conservation, not only 
in his own State of Tennessee but for our Nation.
  The legislation we introduce today is a new, enhanced version of a 
piece of legislation that was introduced several years ago. We believe 
it is a very promising approach to launch one of the most significant 
conservation efforts ever considered by Congress. The American Outdoors 
Act is a landmark multiyear commitment to conservation programs 
directly benefiting all 50 States and hundreds of local communities. It 
creates a conservation royalty derived from the production of oil and 
gas on the Outer Continental Shelf and directs it toward the 
restoration of coastal wetlands, preservation of wildlife habitat, and 
it helps build and maintain local and State parks for our children, our 
children's children, for generations to come.
  By enacting this legislation, we will make the most significant 
commitment of Federal resources to conservation ever and ensure a 
positive legacy of protecting and enhancing critical wildlife habitat, 
estuaries, marshlands, mountain ranges, open green spaces, and expanded 
recreational opportunity for Americans today and generations to come. 
The legislation builds on a great and notable effort made during the 
106th Congress that was supported by Governors, mayors, and a coalition 
of over 5,000 organizations throughout the country. Unfortunately, 
despite our bipartisan and very deep and widespread support, our 
efforts were cut short before a final bill could be signed into law. 
Instead, a commitment was made by those who opposed the legislation 
last time to guarantee funding for these programs. And unfortunately, 
we all know the story and the outcome of those promises.
  As we have painfully witnessed since then, these programs have not 
only been reduced, some of them have been eliminated completely, and 
are terribly underfunded in terms of the critical needs that are 
presented to us today.
  What has happened is exactly what those of us who initiated the 
effort always anticipated. Each of these significant programs has been 
shortchanged and a number of them have been left out altogether or 
forced to compete with each other for Federal resources.
  The legislation we are introducing today provides reliable, 
significant, and steady funding for the urgent and worthy conservation 
and outdoor recreation needs of our states and rapidly growing urban 
areas. What makes more sense than to take a portion of revenues from a 
depleting capital asset of the Nation--offshore Federal oil and gas 
resources--and reinvest them into sustaining the natural resources of 
our Nation: wetlands; parks and recreation areas and wildlife.
  The Americans Outdoors Act dedicates assured funding for four 
distinct programs and honors promises made long ago to the American 
people. The four programs include:
  Coastal impact assistance--$500 million to oil and gas producing 
coastal States to mitigate the various impacts of States that serve as 
the ``platform'' for the crucial development of Federal offshore energy 
resources from the Outer Continental Shelf as well as provide for 
wetland restoration. This program merely acknowledges the impacts to 
and contribution of States that are providing the energy to run our 
country's economy. The Outer Continental Shelf supplies 25 percent of 
our Nation's oil consumption, more than any other country including 
Saudi Arabia, with the promise of more, expected to reach 40 percent by 
2008. Since this frontier was officially opened to significant oil and 
gas exploration in 1953, no single region has contributed as much to 
the nation's energy production as the OCS. The OCS accounts for more 
than 25 percent of our Nation's natural gas and oil production. With 
annual returns to the Federal Government averaging $5 billion annually, 
no single area has contributed as much to the Federal Treasury as the 
OCS. In fact, since 1953, the OCS has contributed $140 billion to the 
U.S. Treasury. Allocation to States would be based on their proximity 
to production. Thirty-five percent of the State's allocation would be 
shared with coastal political subdivisions based on a formula of 50 
percent proximity to production, 25 percent miles of coastline and 25 
percent coastal population;
  $450 million for the State side of the Land and Water Conservation 
Fund, LWC, to provide stable funding to States for the planning and 
development of State and local parks and recreation facilities. The 
allocation to States would be 60 percent equally among all 50 States 
and 40 percent based on relative population. This program provides 
greater revenue certainty for State and local governments to help them 
meet their recreational needs through recreational facility development 
and resource protection--all under the discretion of State and local 
authorities while protecting the rights of private property owners;
  Wildlife conservation, education and restoration--$350 million is 
allocated to all 50 States through the successful program of Pittman-
Robertson for the conservation of nongame and game species, with the 
principal goal of preventing species from becoming endangered or listed 
under the Endangered Species Act. By taking steps now to prevent 
species from becoming endangered we are able to not only conserve the 
significant cultural heritage of wildlife enjoyment for the people of 
this country, but also avoid the substantial costs associated with 
recovery for endangered species. Allocations to States would be based 
on a formula of \2/3\ relative population and \1/3\ relative land area; 
and
  The Urban Parks and Recreation Recovery Program, UPARR--$125 million 
in the form of matching grants, 70 percent to provide direct assistance 
to our cities and towns so that they can focus on the needs of their 
populations within the more densely inhabited areas around the country 
where there are fewer green-spaces, playgrounds and soccer fields for 
our youth.
  I would also like to acknowledge our interest in several programs 
that are not part of this initial package but will be considered as the 
bill moves through the process. For example, the Federal side of the 
Land and Water Conservation Fund which focuses primarily on Federal 
land acquisition. The goal of the Federal side of the LWCF was to share 
a significant portion of revenues from offshore development with States 
to provide for protection and public use of the natural environment. It 
is our intention to discuss this program with our colleagues on the 
Senate Energy and Natural Resources Committee with the goal of 
developing a compromise that will garner broad support. In addition, 
other worthy programs that are not part of the legislation we are 
introducing today but ideally would be part of a larger more 
comprehensive effort include Historic Preservation, Payment in Lieu of 
Taxes, PILT, and the Forest Legacy program.
  While we confront a time of war, budget deficits and a struggling 
economy, setting aside a portion of oil and gas royalties to our states 
and localities for initiatives such as outdoor spaces or recreation 
facilities for our children to play could not be more crucial. Programs 
such as the State side of the Land and Water Conservation Fund are in 
fact the economic stimulus that our States and cities need in these 
times. The time has come to take the proceeds from a non-renewable 
resource for the purpose of reinvesting a portion of these revenues in 
the conservation and enhancement of our renewable resources. To 
continue to do otherwise, as we have over the last 50 years, is 
fiscally irresponsible.
  As I said, the legislation we introduce today, therefore, provides a 
reliable, significant, and steady stream of funding that cannot be 
manipulated or tampered with at the whim of this or that, but will be 
there for conservation efforts that our local communities and States 
can count on to provide this great legacy and heritage for our 
grandchildren.

[[Page 13864]]

  What makes more sense than taking a portion of the offshore oil and 
gas revenues that have generated almost $130 billion since the first 
well was drilled off of our shore on the Continental Shelf almost 100 
years ago? What would make more sense than taking a small portion of 
that money and giving it back to the environment, back to our mountain 
ranges, to our marshes, to our coastal areas, protecting and preserving 
our great land for generations to come? The American Outdoors Act does 
exactly that.
  It dedicates and assures funding for four distinct programs: Coastal 
impact assistance, of which Louisiana and other coastal States would 
benefit. Of course, we are proud to serve as oil and gas producers, 
helping us secure our energy independence from foreign sources, 
providing much critical feedstock, if you will, for our energy industry 
in the State, and expanding our economic opportunities. Because we 
produce so much oil and gas, we would deserve help with our vanishing 
coastline.
  In addition, the other segment of this bill would fund the Land and 
Water Conservation Fund State side. As the Senator from Tennessee 
noted, he and I are firmly committed to also providing support and full 
funding for the Federal side of land and water, as this bill moves 
through the process.
  Wildlife conservation, education, and restoration would be fully 
funded. That helps all of our States. The Urban Parks and Recreation 
Program, which has been so critical for quality-of-life issues and 
economic development in our cities, in our suburbs, our urban centers, 
would also be funded.
  Time is not on our side. While other issues might be able to wait and 
other issues could maybe be funded gradually over time, for every month 
we delay, for every year we delay, we lose acres and acres, miles and 
miles of land we will never be able to recover.
  Louisiana itself is literally washing away. We have lost the size of 
the State of Rhode Island off our coast in the last 100 years. If some 
foreign country attacked our country and tried to take a portion of 
land away from us, we would fight with every strength and every tool 
and every resource available. But we stand here literally in some ways 
twiddling our thumbs while this land is washed away into the Gulf of 
Mexico. And not just any land but very productive land and very 
necessary land, not just for Louisiana but for the entire United 
States.
  I close with a quote from Teddy Roosevelt because it is appropriate. 
He was a great conservation President. Over 100 years ago he started 
many programs. I love taking my children to Theodore Roosevelt Island. 
We ride our bikes over there. I love telling them the story of Teddy 
Roosevelt.
  I explain many stories about what he did, hunting in Louisiana, the 
history of the black bear, et cetera.
  In his autobiography he wrote of his experiences in Coastal 
Louisiana:

       And to lose the chance to see frigate birds soaring in 
     circles above the storm or, a file of pelicans winging their 
     way homeward across the crimson afterglow of the sunset, or a 
     myriad of terns flashing in the bright light of midday as 
     they hover in a shifting maze above the beach, why, the loss 
     is like the loss of a gallery of masterpieces of the artists 
     of old time.

  This is what he said when he recalled his trip to Breton Island 
Sound, the second of over 540 national wildlife heritage areas 
designated in the last 100 years. The land in this picture is gone. It 
no longer exists because we have twiddled our thumbs for almost 100 
years.
  Today we introduce a bill to stop us from twiddling our thumbs, 
direct our resources, get serious about conservation, serious about the 
taxpayer money, and do something with it that the overwhelming majority 
of the taxpayers would stand up and cheer, if they had the chance to 
vote on it.
  I thank the Chair. It will be a pleasure working with the Senator 
from Tennessee as we lead this great effort.
                                 ______
                                 
      By Mr. CONRAD (for himself and Mr. Dorgan):
  S. 2592. A bill to provide crop and livestock disaster assistance; to 
the Committee on Agriculture, Nutrition, and Forestry.
  Mr. CONRAD. Mr. President, today I am joined by my colleague from 
North Dakota, Senator Dorgan, in introducing legislation intended to 
address the twin natural disasters that are threatening the livelihoods 
of farmers and ranchers across our State.
  For much of North Dakota, the year began with great promise. Record 
high crop and livestock prices offered the potential for much needed 
improvement in farm income for producers throughout the State. The 
stage was set for increased returns from the marketplace, and a 
corresponding reduction in current costs under the 2002 Farm Bill.
  Then Mother Nature intervened.
  In early May, just as fieldwork was set to begin in earnest, many 
farmers in the northern part of the State were hit with a late snowfall 
and continued, unseasonably cool weather. That was followed by weeks of 
repeated rains, sometime several inches at a time. The deluge, and 
continued low temperatures, left fields soggy or underwater, and 
delayed and eventually prevented the planting of crops across huge 
swaths of the northern and northeastern part of the state, generating 
numerous reports of farmers being forced to abandon one-third, one-
half, and even more of their crop ground.
  As one hard struck farmer described the situation to me:

       Our 2004 crop is late again, due to cold wet ground since 
     May 10. Heavy snow on May 11 and 12 and continuous rain is 
     delaying all field work. If we don't get some help we will be 
     forced to sell out. Input costs--fuel, fertilizer, and 
     repairs never end. We haven't been able to seed a kernel of 
     grain yet for 2004 due to too much water.

  In the southwestern corner of North Dakota, the problem faced by 
livestock producers is just the opposite. Conditions are bone dry, and 
even though it's relatively early in the season, the land is parched, 
thanks to virtually no moisture since the start of the year and the 
lingering effect of a drought that has robbed the land of subsoil 
moisture and that, for many producers, goes back two years or more.
  Here's how one rancher explained what he's up against:

       I am a registered Angus Producer in SW North Dakota. Our 
     moisture situation is bad. We have had approximately 1" of 
     rain all spring if you count all the little showers together. 
     The cool weather is the only thing that has saved what little 
     forage there is in the pasture. There will be no hay crop and 
     that includes trying to hay the ditches.

  Another one wrote me:

       I live in rural Sioux County North Dakota. I am a rancher. 
     The drought situation is getting very serious. I am looking 
     for options as far as feed & pasture for my cattle, but 
     haven't found any yet. I have sold nearly half of my cattle 
     since the dry conditions started in 2002. We appreciate any 
     and all help that you can give us. This is cow country & I 
     think we need to retain as much of our cattle numbers as we 
     can.

  These producers need real help and they need it urgently. That's why 
the bill I am introducing today follows closely the outline of disaster 
assistance legislation enacted in recent years, all in an effort to 
speed the delivery of crop and livestock assistance to those who 
livelihoods hang in the balance.
  The essential provisions of the ``Agricultural Assistance Act of 
2004'' are as follows:
  First, in the case of crop losses, eligibility for assistance would 
be triggered by production losses exceeding 35 percent of normal 
yields. Under the bill, producers who had purchased crop insurance--
which under the best of options covers only a portion of normal 
yields--would receive a payment equal to 50 percent of the 
``established price'' for the crop. Those who did not purchase crop 
insurance would receive a payment equal to just 40 percent of the 
established price, and would be required to purchase crop insurance for 
each of the following two crop years. Assistance to individual 
producers would be limited as provided in previously-enacted disaster 
bills.
  In the case of ranchers suffering grazing losses of 40 percent or 
more during three consecutive months, they would be eligible for 
payments to help defray the cost of purchasing feed. Payments under 
this program would similarly be limited as provided in past 
legislation.

[[Page 13865]]

  Finally, I think it is important that in providing this assistance, 
we reinforce crop insurance as the foundation for agricultural risk 
management. This bill would do that. First, by not penalizing--as 
previous legislation did--those who had purchased crop insurance at 
higher coverage levels, and second, by decreasing the payment to those 
who purchased no crop insurance at all.
  The natural disasters facing our farmers and ranchers demand 
immediate attention, and I urge the Congress, and the President, to 
act.
                                 ______
                                 
      By Mr. LIEBERMAN:
  S. 2594. A bill to reduce health care disparities and improve health 
care quality, to improve the collection of racial, ethnic, primary 
language, and socio-economic determination data for use by healthcare 
researchers and policymakers, to provide performance incentives for 
high performing hospitals and community health centers, and to expand 
current Federal programs seeking to eliminate health disparities; to 
the Committee on Finance.
  Mr. LIEBERMAN. Mr. President, our Nation wrestles with a medical 
mystery that affects the health and very lives of millions of Americans 
every year: Why do patients with similar ailments have such disparate 
outcomes?
  Albert Einstein once said: ``I cannot believe that God plays dice 
with the world.'' I would never quibble with Einstein. And besides, I 
strongly believe that myself.
  I also believe we should aspire to that ideal in the earthly 
institutions we create, like our health care system. Medical outcomes 
should not be a matter of luck. Treatment should be as predictable and 
equal as possible within the bounds of science and human fallibility.
  But that is not the system we have today. Study after study shows 
that we have created a health care casino where the quality of care 
seems to have as much to do with the luck of the dice as anything else.
  In America, good medical care for all should be a given--not a 
gamble.
  That is why today I am introducing legislation I call FairCare. 
FairCare will give us the tools we need to begin eliminating these 
across-the-board problems of medical disparities among patients with 
identical ailments.
  In the broadest sense, we know we have two problems--quality of care 
and disparity of care. While these problems are distinct and separate--
solving either will help solve both.
  Let me dramatize the kind of odds we are talking about when a patient 
enters the healthcare system. I would ask my colleagues to imagine for 
a moment that they are in a casino, rolling dice and need a five or a 
nine to win. The odds of you winning with either of those numbers is 
about 60 percent. Of course, that means you have a 40 percent chance of 
losing.
  Now, if you enjoy gambling--and are not betting a lot of money--maybe 
that's fun. But would you bet your house on those odds? Or your 
children's college fund? Or your health--or your life?
  Well, the odds in our imaginary dice game are the precise odds we 
send people into the health care system every day.
  A recent study reported in the New England Journal of Medicine said 
that about 40 percent of patients reported medical errors in the care 
of either themselves or a loved one. The cost of these mistakes is 
staggering. Between 44,000 and 100,000 people die each year because of 
those medical mistakes.
  To put those shocking numbers in perspective, imagine if you will 
that our nation experienced a day like September the 11th, at least 
twice a month, every month--for a year.
  Overall, the cost of not getting it right the first time represents a 
yearly loss to the national economy of $17 to $29 billion. This is due 
largely to the medical complications that must be treated down the line 
because of the initial medical errors, as well as lost wages and 
productivity.
  Now, while most Americans have problems finding high-quality health 
care at a reasonable cost, racial and ethnic minorities fare the worst.
  Medical studies also show that:
  When actors portrayed patients with identical complaints of chest 
pain, women and African Americans were 40 percent less likely to have 
their complaints taken seriously and be referred for further diagnostic 
tests.
  Hispanics with asthma are almost twice as likely as white patients to 
face largely-avoidable emergency rooms visits or have the illness limit 
their daily activities.
  Infants born to American Indians and Alaskan Natives are twenty-five 
percent more likely than the national average to die in the first year 
of life.
  Asian American women are 20 percent less likely to get life-saving 
screening exams for cervical cancer than white women.
  And many of these disparities persist, even when factors like income 
and access to health care are taken into account. Why is this? The 
answer is: We don't exactly know. But it is clear that we do not have a 
color blind healthcare system. And unequal treatment is Un-American. We 
cannot tolerate it. Rather, we must understand it, confront it, and fix 
it.
  Besides, solving this medical mystery for the most severely affected 
minority groups will improve healthcare for everyone else as well. In 
other words, if we can dramatically increase the quality of medical 
care, unfair disparities will decline and all will benefit.
  The clues to solving the problems of both medical quality and 
healthcare disparities are there. We just have to go find them. That 
will require gathering crucial information that will help us clearly 
identify the problems. Then we can help finance the solutions that will 
cure them.
  That's why we need FairCare.
  To begin, we need data--we need to see where we have quality problems 
and where we have disparities in care. FairCare will bring the medical 
and patient communities together to help us better measure healthcare 
quality in a scientific way that will give us our first comprehensive 
glimpse of where the problems lie.
  Once glimpsed, FairCare can begin to fund improvement efforts 
developed by local hospitals and community health centers that fit the 
needs of their local neighborhoods. FairCare will use the reach and 
resources of Medicare to reward hospitals that improve quality and 
reduce disparities.
  In recent testimony before the House Ways and Means Subcommittee on 
Health Care, Glenn Hackbarth, Chairman of Medicare Payment Advisory 
Commission, said he agreed with this approach. ``It is time for 
Medicare to take the next step in quality improvement and put financial 
incentives for quality directly into its payment systems,'' he said.
  Under FairCare, community health centers not part of the Medicare 
system will be eligible for grants and bonuses. In other words, 
FairCare is a carrots program, not a sticks program--it rewards 
hospitals and health centers that perform--that make progress in 
implementing quality healthcare and reducing healthcare disparities.
  We will also provide tax relief to help FairCare providers cover the 
cost of their malpractice insurance.
  Taken together, FairCare will give our most overburdened and 
financially strapped healthcare providers--that act to deliver quality 
medicine--the help they need to give their communities the help they 
need. And when they succeed, we will all win. When they succeed, good 
medical care for all will be a given--not a gamble.
  Just as God does not play dice with the world, we will no longer play 
dice with the lives of our most vulnerable--the sick and the ailing.
  Mr. President, I ask unanimous consent that the text of the bill and 
statements of support be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 2594

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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


[[Page 13866]]


Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.

                  TITLE I--DEMOGRAPHIC DATA COLLECTION

Sec. 101. Data on race, ethnicity, highest education level attained, 
              and primary language.
Sec. 102. Revision of HIPAA claims standards.

             TITLE II--IMPROVED COLLECTION OF QUALITY DATA

Sec. 201. Authority of Agency for Healthcare Research and Quality.

             ``Part C--Improved Collection of Quality Data

``Sec. 921. General authority of the Agency to determine measures.
``Sec. 922. Use of hospital-specific measures.
``Sec. 923. Outpatient-specific measures.
``Sec. 924. Ranking of measures.
``Sec. 925. Advisory Committee on Quality.
``Sec. 926. Updates of conditions.
``Sec. 927. Reporting of measures.
``Sec. 928. Voluntary submission of data.
``Sec. 929. Authorization of appropriations.
Sec. 202. Office of national healthcare disparities and quality.

                  TITLE III--FAIRCARE HOSPITAL PROGRAM

Sec. 301. Faircare hospital program.
Sec. 302. Technical assistance grants.

                  TITLE IV--COMMUNITY HEALTH CENTERS.

Sec. 401. Authority of Bureau of Primary Health Care to develop new 
              reporting standards.
Sec. 402. Faircare designation for health centers.
Sec. 403. Grants for technical assistance.
Sec. 404. Health disparity collaboratives.

                          TITLE V--REACH 2010

Sec. 501. Expansion of REACH 2010

                 TITLE VI--MALPRACTICE INSURANCE RELIEF

Sec. 601. Refundable tax credit for the cost of malpractice insurance 
              for certain providers.
Sec. 602. Grants to non-profit hospitals.
Sec. 603. Grants for research into quality of care and medical errors.
Sec. 604. Authorization of appropriations.

     SEC. 2. FINDINGS.

       (a) Evidence of Healthcare Disparities.--With respect to 
     evidence of healthcare disparities, Congress makes the 
     following findings:
       (1) Healthcare disparities affect the lives, health, and 
     livelihood of Americans, and increase the overall cost of 
     health care in the United States.
       (2) Minority patients with chronic diseases have been found 
     less likely to receive the necessary services required to 
     manage effectively these illnesses, such as routine blood 
     pressure checks or eye examinations, and are less likely to 
     receive treatments to cure these conditions, such as heart 
     surgeries or kidney transplants.
       (3) Studies have shown that non-English speaking patients 
     report more satisfaction with health encounters and have 
     better health outcomes after encounters with healthcare 
     providers who speak their primary language.
       (4) The Institute of Medicine's report ``In the Nation's 
     Compelling Interest'', concluded that racial and ethnic 
     minority healthcare providers are significantly more likely 
     than their white peers to serve minority and medically 
     underserved communities, thereby helping to improve problems 
     of limited minority access to care.
       (5) Data from the National Center for Health Statistics 
     demonstrates that minorities are less likely to receive 
     routine cancer screenings even when they do have health 
     insurance and access to healthcare providers, and once 
     diagnosed with cancer, elderly minority patients are also 
     less likely to receive appropriate treatment for pain 
     associated with cancer.
       (b) Evidence of Inconsistencies in Healthcare Quality.--
     With respect to evidence of inconsistencies in healthcare 
     quality, Congress makes the following findings:
       (1) Inconsistent healthcare quality threatens the health of 
     all Americans regardless of race, ethnicity, or socio-
     economic status.
       (2) Studies by the RAND Corporation have shown that all 
     patients in the United States have only a 55 percent 
     possibility of receiving clinically appropriate care in the 
     healthcare setting, despite the fact that the United States 
     spends twice as much as other industrialized countries on 
     health care.
       (3) The control of hypertension is essential to reducing 
     mortality from heart disease, stroke, and diabetes 
     complications, yet, only 23 percent of Americans with 
     hypertension are adequately treated.
       (4) About 1 in 5 elderly Americans are prescribed 
     inappropriate medications.
       (5) Only 21 percent of Americans with diabetes get all 
     recommended checkups.
       (6) One of the safest, simplest, and most cost-effective 
     ways to reduce cancer morbidity and mortality is to increase 
     screening rates for selected cancers including colorectal 
     cancers, yet, less than half of men and women over the age of 
     50 report screening for colorectal cancers.
       (7) In the United States, over 1/4 of infants and toddlers 
     of all races and ethnicities do not receive all recommended 
     vaccines.
       (8) Breakthroughs in treatments have enabled more patients 
     to survive and live better, yet too many of these treatments 
     are not being administered to all those who can benefit from 
     them.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Health disparity populations.--The term ``health 
     disparity populations'' has the meaning given that term in 
     section 485E(d) of the Public Health Service Act (42 U.S.C. 
     287c-31(d)).
       (2) Racial and ethnic minority.--The term ``racial and 
     ethnic minority'' has the meaning given the term ``racial and 
     ethnic minority group'' in section 1707(g)(1) of the Public 
     Health Service Act (42 U.S.C. 300u-6(g)(1)).

                  TITLE I--DEMOGRAPHIC DATA COLLECTION

     SEC. 101. DATA ON RACE, ETHNICITY, HIGHEST EDUCATION LEVEL 
                   ATTAINED, AND PRIMARY LANGUAGE.

       (a) Purpose.--It is the purpose of this section to promote 
     data collection and reporting by race, ethnicity, highest 
     education level attained, and primary language among 
     federally supported health programs.
       (b) Amendment.--Part B of title II of the Public Health 
     Service Act (42 U.S.C. 238 et seq.) is amended by adding at 
     the end the following:

     ``SEC. 249. DATA ON RACE, ETHNICITY, HIGHEST EDUCATION LEVEL 
                   ATTAINED, AND PRIMARY LANGUAGE.

       ``(a) Requirements.--
       ``(1) In general.--Each health-related program operated by 
     or that receives funding or reimbursement, in whole or in 
     part, either directly or indirectly from the Department of 
     Health and Human Services shall, in accordance with the 
     schedule described in subsection (e)--
       ``(A) require the collection, by the agency or program 
     involved, of data on the race, ethnicity, highest education 
     level attained, and primary language of each applicant for 
     and recipient of health-related assistance under such 
     program--
       ``(i) using, at a minimum, the categories for race and 
     ethnicity described in the 1997 Office of Management and 
     Budget Standards for Maintaining, Collecting, and Presenting 
     Federal Data on Race and Ethnicity;
       ``(ii) using the standards developed under subsection (d) 
     for the collection of language data;
       ``(iii) where practicable, collecting data for additional 
     population groups if such groups can be aggregated into the 
     minimum race and ethnicity categories as defined by the 
     Office of Management and Budget; and
       ``(iv) where practicable, through self-reporting;
       ``(B) with respect to the collection of the data described 
     in subparagraph (A) for applicants and recipients who are 
     minors or otherwise legally incapacitated, require that--
       ``(i) such data be collected from the parent or legal 
     guardian of such an applicant or recipient; and
       ``(ii) the preferred language of the parent or legal 
     guardian of such an applicant or recipient be collected; and
       ``(C) ensure that the provision of assistance to an 
     applicant or recipient of assistance is not denied or 
     otherwise adversely affected because of the failure of the 
     applicant or recipient to provide race, ethnicity, highest 
     education level attained, and primary language data.
       ``(2) Rule of construction.--Nothing in this subsection 
     shall be construed to permit the use of information collected 
     under this subsection in a manner that would adversely affect 
     any individual providing any such information.
       ``(b) Protection of Data.--The Secretary shall ensure 
     (through the promulgation of regulations or otherwise) that 
     all data collected pursuant to subsection (a) is protected--
       ``(1) under the same privacy protections as the Secretary 
     applies to other health data under the regulations 
     promulgated under section 264(c) of the Health Insurance 
     Portability and Accountability Act of 1996 (Public Law 104-
     191; 110 Stat. 2033) relating to the privacy of individually 
     identifiable health information and other protections; and
       ``(2) from all inappropriate internal use by any entity 
     that collects, stores, or receives the data, including use of 
     such data in determinations of eligibility (or continued 
     eligibility) in health plans, and from other inappropriate 
     uses, as defined by the Secretary.
       ``(c) Compliance with Standards.--Data collected under 
     subsection (a) shall be obtained, maintained, and presented 
     (including for reporting purposes) in accordance with, at a 
     minimum, the 1997 Office of Management and Budget Standards 
     for Maintaining, Collecting, and Presenting Federal Data on 
     Race and Ethnicity.
       ``(d) Language Collection Standards.--Not later than 1 year 
     after the date of enactment of this section, the Director of 
     the Office of Minority Health, in consultation with the 
     Office for Civil Rights of the Department of Health and Human 
     Services, shall develop and disseminate Standards for the 
     Classification of Federal Data on Preferred Written and 
     Spoken Language.

[[Page 13867]]

       ``(e) Schedule of Compliance.--Data collection under 
     subsection (a) shall be required within the following time 
     periods:
       ``(1) With respect to medicare-related data (under title 
     XVIII of the Social Security Act), such data shall be 
     collected not later than 2 years after the date of enactment 
     of this section, including data related to--
       ``(A) the Medicare Hospital Quality Initiative;
       ``(B) the Center for Medicare and Medicaid Services 
     Abstraction or Reporting Tools (referred to in this section 
     as `CART');
       ``(C) all CART equivalent private databases used to submit 
     data for the Medicare Hospital Quality Initiative or medicare 
     billing (including data for both medicare and non-medicare 
     patients); and
       ``(D) all medicare billing communications.
       ``(2) With respect to data that is not currently mandated 
     or collected and reported by the medicaid and State 
     Children's Health Insurance Program (under titles XIX and XXI 
     of the Social Security Act), such data shall be collected not 
     later than 4 years after the date of enactment of this 
     section.
       ``(3) With respect to data relating to biomedical and 
     health services research that is described in subsection (a), 
     such data shall be collected not later than 6 years after the 
     date of enactment of this section.
       ``(4) With respect to data relating to all other programs 
     described in subsection (a), such data shall be collected not 
     later than 6 years after the date of enactment of this 
     section.
       ``(f) Technical Assistance for the Collection and Reporting 
     of Data.--
       ``(1) In general.--The Secretary may, either directly or 
     through grant or contract, provide technical assistance to 
     enable a healthcare program or an entity operating under such 
     program to comply with the requirements of this section.
       ``(2) Types of assistance.--Assistance provided under this 
     subsection may include assistance to--
       ``(A) enhance or upgrade information technology that will 
     facilitate race, ethnicity, highest education level attained, 
     and primary language data collection and analysis;
       ``(B) improve methods for health data collection and 
     analysis including additional population groups beyond the 
     Office of Management and Budget categories if such groups can 
     be aggregated into the minimum race and ethnicity categories;
       ``(C) develop mechanisms for submitting collected data 
     subject to existing privacy and confidentiality regulations; 
     and
       ``(D) develop educational programs to inform health 
     insurance issuers, health plans, health providers, health-
     related agencies, and the general public that data collection 
     and reporting by race, ethnicity, and preferred language are 
     legal and essential for eliminating health and healthcare 
     disparities.
       ``(g) Grants for Data Collection by Community Health 
     Centers and Hospitals.--
       ``(1) In general.--The Secretary, in consultation with the 
     Administrator of the Centers for Medicare & Medicaid Services 
     and the Administrator of the Health Resources and Services 
     Administration, is authorized to award grants for the conduct 
     of 100 demonstration programs, 50 percent of which shall be 
     conducted by community health centers and 50 percent of which 
     shall be conducted by hospitals, to enhance the ability of 
     such centers and hospitals to collect, analyze, and report 
     the data required under subsection (a).
       ``(2) Eligibility.--To be eligible to receive a grant under 
     paragraph (1), a community health center or hospital shall--
       ``(A) prepare and submit to the Secretary an application at 
     such time, in such manner, and containing such information as 
     the Secretary may require; and
       ``(B) provide assurances that the community health center 
     or hospital will use, at a minimum, the racial and ethnic 
     categories and the standards for collection described in the 
     1997 Office of Management and Budget Standards for 
     Maintaining, Collecting, and Presenting Federal Data on Race 
     and Ethnicity and available standards for language.
       ``(3) Activities.--A grantee shall use amounts received 
     under a grant under paragraph (1) to--
       ``(A) collect, analyze, and report data by race, ethnicity, 
     highest education level attained, and primary language for 
     patients served by the hospital (including emergency room 
     patients and patients served on an outpatient basis) or 
     community health center;
       ``(B) enhance or upgrade computer technology that will 
     facilitate racial, ethnic, highest education level attained, 
     and primary language data collection and analysis;
       ``(C) provide analyses of disparities in health and 
     healthcare, including specific disease conditions, diagnostic 
     and therapeutic procedures, or outcomes;
       ``(D) improve health data collection and analysis for 
     additional population groups beyond the Office of Management 
     and Budget categories if such groups can be aggregated into 
     the minimum race and ethnicity categories;
       ``(E) develop mechanisms for sharing collected data subject 
     to privacy and confidentiality regulations;
       ``(F) develop educational programs to inform health 
     insurance issuers, health plans, health providers, health-
     related agencies, patients, enrollees, and the general public 
     that data collection, analysis, and reporting by race, 
     ethnicity, and preferred language are legal and essential for 
     eliminating disparities in health and healthcare; and
       ``(G) develop quality assurance systems designed to track 
     disparities and quality improvement systems designed to 
     eliminate disparities.
       ``(4) Community Health Center; Hospital.--In this 
     subsection:
       ``(A) Community health center.--The term `community health 
     center' means a Federally qualified health center as defined 
     in section 1861(aa)(4) of the Social Security Act.
       ``(B) Hospital.--The term `hospital' means a hospital 
     participating in the prospective payment system under section 
     1886 of the Social Security Act and that is submitting 
     quality indicators data in accordance with section 
     1886(b)(3)(B)(vii)(II) of the Social Security Act.
       ``(h) Definition.--In this section, the term `health-
     related program' means a program--
       ``(1) under the Social Security Act (42 U.S.C. 301 et seq.) 
     that pays for healthcare and services; and
       ``(2) under this Act that provides Federal financial 
     assistance for healthcare, biomedical research, health 
     services research, and other programs designated by the 
     Secretary.
       ``(i) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section, $50,000,000 for 
     fiscal year 2005, and such sums as may be necessary for each 
     of fiscal years 2006 through 2015.''.

     SEC. 102. REVISION OF HIPAA CLAIMS STANDARDS.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Health and Human 
     Services shall revise the regulations promulgated under part 
     C of title XI of the Social Security Act (42 U.S.C. 1320d et 
     seq.), as added by the Health Insurance Portability and 
     Accountability Act of 1996 (Public Law 104-191), relating to 
     the collection of data on race, ethnicity, highest education 
     level attained, and primary language in a health-related 
     transaction to require--
       (1) the use, at a minimum, of the categories for race and 
     ethnicity described in the 1997 Office of Management and 
     Budget Standards for Maintaining, Collecting, and Presenting 
     Federal Data on Race and Ethnicity;
       (2) the establishment of new data code sets for highest 
     education level attained and primary language; and
       (3) the designation of the racial, ethnic, highest 
     education level attained, and primary language code sets as 
     ``required'' for claims and enrollment data.
       (b) Dissemination.--The Secretary of Health and Human 
     Services shall disseminate the new standards developed under 
     subsection (a) to all health entities that are subject to the 
     regulations described in such subsection and provide 
     technical assistance with respect to the collection of the 
     data involved.
       (c) Compliance.--Not later than 1 year after the final 
     promulgation of the regulations developed under subsection 
     (a), the Secretary of Health and Human Services shall require 
     that health entities comply with such standards.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section, such sums as 
     may be necessary for each of fiscal years 2005 through 2015.

             TITLE II--IMPROVED COLLECTION OF QUALITY DATA

     SEC. 201. AUTHORITY OF AGENCY FOR HEALTHCARE RESEARCH AND 
                   QUALITY.

       Title IX of the Public Health Service Act (42 U.S.C. 299 et 
     seq.) is amended--
       (1) by redesignating part C as part D;
       (2) by redesignating sections 921 through 928, as sections 
     931 through 938, respectively;
       (3) in section 938(1) (as so redesignated), by striking 
     ``921'' and inserting ``931''; and
       (4) by inserting after part B the following:

             ``PART C--IMPROVED COLLECTION OF QUALITY DATA

     ``SEC. 921. GENERAL AUTHORITY OF THE AGENCY TO DETERMINE 
                   MEASURES.

       ``(a) In General.--The Agency, in consultation with the 
     Centers for Medicare & Medicaid Services, the Health 
     Resources and Services Administration, the Office for Civil 
     Rights of the Department of Health and Human Services, and 
     the Office of Minority Health, shall have the authority to 
     develop a new set of quality measures for each of the most 
     common treatment settings. Such settings shall include, but 
     not be limited to, hospitals, outpatient facilities, 
     community health centers, long term care facilities, and 
     other independent health care facilities.
       ``(b) Requirements.--The quality measures developed under 
     subsection (a) shall--
       ``(1) as closely as possible reflect the healthcare 
     priority areas determined by the Institute of Medicine, the 
     National Quality Forum, the Quality Initiative, and other 
     healthcare quality and health care disparity organizations as 
     determined by the Secretary;

[[Page 13868]]

       ``(2) reflect the Institute of Medicine's goal of 
     inclusiveness, improvability, and impact, addressing 
     pervasive health and healthcare problems that produce a high 
     level of morbidity and mortality, that disproportionally 
     affect health disparity populations, and that have the 
     potential for improvement with the consistent application of 
     proven medical interventions; and
       ``(3) where practical, employ process measures of care.

     ``SEC. 922. USE OF HOSPITAL-SPECIFIC MEASURES.

       ``(a) Development.--
       ``(1) In general.--The Agency, in conjunction with the 
     Centers for Medicare & Medicaid Services, shall develop a set 
     of hospital quality measures.
       ``(2) Use.--The Secretary shall ensure that the Hospital 
     Quality Initiative and the Robust Project Measures of the 
     Centers for Medicare & Medicaid Services, and other Centers 
     for Medicare & Medicaid Services directed quality initiatives 
     use the hospital quality measures developed under paragraph 
     (1).
       ``(b) Submission.--The information required under the 
     measures developed under subsection (a) shall be submitted in 
     accordance with section 1886(b)(3)(B)(vii) except that any 
     reference to `2007' shall be deemed to be a reference to 
     `2015'.

     ``SEC. 923. OUTPATIENT-SPECIFIC MEASURES.

       ``(a) In General.--The Agency, in conjunction with the 
     Bureau of Primary Health Care within the Health Resources and 
     Services Administration, shall develop a set of outpatient 
     quality measures. Such measures may be used as a supplement 
     to existing demographic or quality reporting instruments or 
     other quality reporting instruments utilized by the Health 
     Resources and Services Administration.
       ``(b) Voluntary Submission.--Submission of the 
     supplementary information required under the measures 
     developed under subsection (a) shall be voluntary.
       ``(c) Discretionary Use.--The measures developed under 
     subsection (a) may be used as appropriate by the Hospital 
     Quality Initiative and the Robust Project Measures and other 
     Centers for Medicare & Medicaid Services-directed quality 
     initiatives.

     ``SEC. 924. RANKING OF MEASURES.

       ``The Agency shall--
       ``(1) determine which of the quality measures developed 
     under this part have the greatest potential to remedy 
     healthcare disparities;
       ``(2) rank such quality measures according to such 
     potential; and
       ``(3) rank such quality measures separately as applicable 
     to hospitals and outpatients.

     ``SEC. 925. ADVISORY COMMITTEE ON QUALITY.

       ``(a) In General.--The Agency shall establish an Advisory 
     Committee on Quality (referred to in this section as the 
     `Advisory Committee') to recommend quality indicators for all 
     quality data sets developed under this section. The Agency 
     may designate a governmental or nongovernmental committee 
     existing on the date of enactment of this part to serve as 
     the Advisory Committee so long as the membership requirements 
     of subsection (b) are complied with.
       ``(b) Membership.--The Advisory Committee shall be composed 
     of not less than 10 members, including--
       ``(1) the Director;
       ``(2) the Administrator of the Centers for Medicare & 
     Medicaid Services;
       ``(3) the Director of the Centers for Disease Control and 
     Prevention;
       ``(4) the Administrator of the Health Resources and 
     Services Administration;
       ``(5) the Director of the Office of Minority Health of the 
     Department of Health and Human Services;
       ``(6) the Director of the Office for Civil Rights of the 
     Department of Health and Human Services;
       ``(7) the Director of the Indian Health Service;
       ``(8) the chairperson of the Institute of Medicine National 
     Roundtable on Healthcare Quality or other representatives of 
     the Institute of Medicine;
       ``(9) the chairperson of the National Quality Forum;
       ``(10) the Director of the Joint Commission on 
     Accreditation of Healthcare Organizations;
       ``(11) a representative of the Quality Initiative; and
       ``(12) other members to be appointed by the Secretary to 
     represent other private, public, and non-profit stakeholders 
     from medicine, healthcare, patient groups, and academia, who 
     shall serve for a term of 3 years, and shall include a mix of 
     different professions and broad geographic and culturally 
     diverse representation
       ``(c) Duties.--The Advisory Committee shall--
       ``(1) for each 3 year period beginning with fiscal year 
     2005, report to the Agency recommendations of quality 
     indicators for all quality data sets described in this part;
       ``(2) in making the recommendations described in paragraph 
     (1), focus on how best to integrate the findings of the 
     Institute of Medicine, the National Quality Forum, the 
     Quality Initiative, and other healthcare quality and 
     healthcare disparity organizations as determined by the 
     Secretary into quality measures that can be used in carrying 
     out sections 922 and 923; and
       ``(3) address issues of continuity of care between 
     ambulatory care and inpatient settings to the maximum extent 
     practicable.

     ``SEC. 926. UPDATES OF CONDITIONS.

       ``(a) In General.--At least once during every 3-year period 
     beginning in fiscal year 2006, the Secretary shall direct the 
     Agency to update the list of measures as described in 
     sections 922 and 923. Such updates shall be based on 
     recommendations of the Advisory Committee established under 
     section 925 and determined in consultation with the Centers 
     for Medicare & Medicaid Services and the Health Resources and 
     Services Administration.
       ``(b) Requirement.--For each period in which an update is 
     undertaken under subsection (a), the Agency shall ensure that 
     the recommendations referred to such subsection include 
     measures for at least 4 additional conditions identified by 
     the Institute of Medicine National Roundtable on Healthcare 
     Quality, or measures developed by other healthcare disparity 
     or healthcare quality organizations as determined by the 
     Secretary, and not addressed by the quality reporting 
     initiatives administered by the Secretary on the date of 
     enactment of this part. The requirement of this section shall 
     apply until there are measures for all Institute of Medicine 
     priority areas.

     ``SEC. 927. REPORTING OF MEASURES.

       ``(a) In General.--Not later than 5 years after the date of 
     enactment of the Faircare Act, the Secretary shall enter into 
     a contract with the Institute of Medicine to produce a report 
     on the effectiveness of the quality measures developed by the 
     Agency under this part in accurately assessing the quality of 
     healthcare and healthcare disparities present in hospitals, 
     community health centers, and other appropriate health care 
     settings. Such report shall evaluate the progress made in 
     improving the quality and consistency of healthcare and 
     reducing healthcare disparities.
       ``(b) Manner of Reporting.--All data reported under the 
     Faircare Act (including data reported under this part) shall, 
     to the maximum extent practicable, be reported by race, 
     ethnicity, primary language, and highest educational level 
     attained in accordance with section 249.

     ``SEC. 928. EFFECTIVENESS RESEARCH GRANTS.

       ``The Office of Minority Health shall have the authority to 
     award grants to study the effectiveness of all measures and 
     programs established under this part. The Office shall 
     recommend ways to improve such measure and programs and to 
     implement the findings of the study conducted under section 
     927.

     ``SEC. 929. PROTECTION OF DATA.

       ``(a) Rule of Construction.--Nothing in this part shall be 
     construed to permit the use of information collected under 
     this part in a manner that would adversely affect any 
     individual providing any such information.
       ``(b) Protection of Data.--The Secretary shall ensure 
     (through the promulgation of regulations or otherwise) that 
     all data collected pursuant to this part is protected--
       ``(1) under the same privacy protections as the Secretary 
     applies to other health data under the regulations 
     promulgated under section 264(c) of the Health Insurance 
     Portability and Accountability Act of 1996 (Public Law 104-
     191; 110 Stat. 2033) relating to the privacy of individually 
     identifiable health information and other protections; and
       ``(2) from all inappropriate internal use by any entity 
     that collects, stores, or receives the data, including use of 
     such data in determinations of eligibility (or continued 
     eligibility) in health plans, and from other inappropriate 
     uses, as defined by the Secretary.

     ``SEC. 929A. AUTHORIZATION OF APPROPRIATIONS.

       ``There is authorized to be appropriated to carry out this 
     section, $5,000,000 for each of fiscal years 2005 through 
     2007, and such sums as may be necessary for each of fiscal 
     years 2008 through 2015.''.

     SEC. 202. OFFICE OF NATIONAL HEALTHCARE DISPARITIES AND 
                   QUALITY.

       Part A of title IX of the Public Health Service Act (42 
     U.S.C. 299 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 904. OFFICE OF NATIONAL HEALTHCARE DISPARITIES AND 
                   QUALITY.

       ``(a) In General.--There is established within the Agency 
     an Office of National Healthcare Disparities and Quality 
     (referred to in this section as the `Office'). Such Office 
     shall administer the development and submission of the annual 
     National Healthcare Disparities Report (under section 
     903(a)(6)) and the National Healthcare Quality Report (under 
     section 913(b)(2)) and carry out any other activities 
     determined appropriate by the Secretary.
       ``(b) National Healthcare Disparities and Quality 
     Reports.--
       ``(1) Reporting requirements.--Not later than 1 year after 
     the date of enactment of this section, and annually 
     thereafter, the Office, in consultation with the Advisory 
     Committee under section 925, the Office of Minority Health, 
     and the Office for Civil Rights of the Department of Health 
     and Human Services, shall submit to the Secretary, the 
     appropriate committees of Congress, and the public--
       ``(A) a report on the disparities in healthcare which shall 
     include data using the quality measures developed by the 
     Agency under part C; and

[[Page 13869]]

       ``(B) a report on general healthcare quality.
       ``(2) Limitations.--The reports under paragraph (1) shall 
     not identify individual hospitals or healthcare providers but 
     shall include regional and State level data. To the maximum 
     extent practicable, such reports shall--
       ``(A) indicate variations in healthcare quality between 
     States and regions; and
       ``(B) to the maximum extent practicable, include data 
     reported by race, ethnicity, primary language, and highest 
     educational level attained in accordance with section 249.
       ``(3) Availability.--The Office shall make such reports 
     available to States, tribal organizations, and territorial 
     governments upon request.
       ``(4) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection, $10,000,000 
     for each of fiscal years 2005 through 2007, and such sums as 
     may be necessary for each of fiscal years 2008 through 2015.
       ``(c) Activities Relating to Best Practices.--
       ``(1) Report.--The Office of National Healthcare 
     Disparities and Quality shall annually publish a report that 
     describes the specific activities undertaken by Faircare 
     Level I institutions, as designated under section 330P of 
     this Act or section 1898(b) of the Social Security Act, that 
     have resulted in a decrease in healthcare disparities or 
     improved quality. Such reports shall include recommendations 
     for carrying out such activities at other healthcare 
     institutions.
       ``(2) Conference.--In conjunction with the publication of 
     each report under paragraph (1), Office of National 
     Healthcare Disparities and Quality shall hold an annual 
     conference at which personnel from the Faircare institutions 
     described in paragraph (1) can interact, advise, and consult 
     with other healthcare institutions.
       ``(3) Technical assistance.--The Office of National 
     Healthcare Disparities and Quality shall offer technical 
     assistance to healthcare institutions in reducing healthcare 
     disparities, including through the dissemination of 
     information through the Office Internet website, the 
     development of an electronic mail list of best practices, the 
     maintenance of a database and clearinghouse of best 
     practices, and through other activities determined 
     appropriate by the Office.
       ``(4) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection, $5,000,000 
     for each of fiscal years 2005 to 2007, and such sums as may 
     be necessary for each of fiscal years 2008 through 2015.''.

                  TITLE III--FAIRCARE HOSPITAL PROGRAM

     SEC. 301. FAIRCARE HOSPITAL PROGRAM.

       (a) Purposes.--The purposes of this section are to--
       (1) require the Administrator of the Center for Medicare & 
     Medicaid Services to--
       (A) determine which hospitals have successfully reduced 
     healthcare disparities between health disparity populations 
     and other patients and improved healthcare quality based on 
     the Hospital Quality Initiative measures established by the 
     Agency for Healthcare Research and Quality under part C of 
     title IX of the Public Health Service Act, as added by title 
     II;
       (B) verify the accuracy of the data submitted by such 
     hospitals for purposes of being designated as a Faircare 
     Hospital; and
       (C) designate such hospitals as Faircare hospitals; and
       (2) provide such hospitals with increased payments under 
     the medicare program.
       (b) Program.--Title XVIII of the Social Security Act, as 
     amended by section 1016 of the Medicare Prescription Drug, 
     Improvement, and Modernization Act of 2003 (Public Law 108-
     173; 117 Stat. 2447), is amended by adding at the end the 
     following new section:


                ``performance incentive payment program

       ``Sec. 1898. (a) Establishment.--
       ``(1) In general.--The Secretary shall establish a program 
     under which financial incentive payments are made in 
     accordance with subsection (c) to subsection (d) hospitals 
     (as defined in paragraph (2)) that have been designated under 
     subsection (b).
       ``(2) Subsection (d) hospital.--In this section, the term 
     `subsection (d) hospital' has the meaning given that term in 
     section 1886(d)(1)(B).
       ``(b) Designation of Faircare Hospitals.--
       ``(1) In general.--For each of fiscal years 2006 through 
     2014, the Secretary shall designate subsection (d) hospitals 
     as follows:
       ``(A) Level iii faircare hospital.--The Secretary shall 
     designate a subsection (d) hospital as a Level III Faircare 
     hospital if the following requirements are met:
       ``(i) The subsection (d) hospital submitted data described 
     in section 249 of the Public Health Service Act and part C of 
     title IX of such Act to the Secretary in such form and manner 
     and at such time specified by the Secretary under such 
     section and part and all such data submitted relating to 
     patient quality includes data on the race, ethnicity, highest 
     education level attained, and primary language of such 
     patients.
       ``(ii) The Secretary determines that the subsection (d) 
     hospital has improved the rate of delivery of high quality 
     care during the 24-month period preceding such determination. 
     A hospital shall be determined to meet the requirement in the 
     preceding sentence if the Secretary determines that the 
     hospital has increased the frequency of appropriate care for 
     the majority of the applicable measures during such 24-month 
     period by at least 5 percentage points within each such 
     measure.
       ``(B) Level ii faircare hospital.--The Secretary shall 
     designate a subsection (d) hospital as a Level II Faircare 
     hospital if the following requirements are met:
       ``(i) The requirements described in clauses (i) and (ii) of 
     subparagraph (A) are met.
       ``(ii) The Secretary determines that the subsection (d) 
     hospital, during the 24-month period preceding such 
     determination, has made a significant reduction in the 
     disparities in the treatment of health disparity populations 
     relative to other patients for--

       ``(I) the majority of the applicable measures; or
       ``(II) all of the 25 percent highest ranked applicable 
     measures, as ranked for their importance for healthcare 
     equity by the Agency for Healthcare Research and Quality 
     under section 925 of the Public Health Service Act.

       ``(C) Level i faircare hospital.--The Secretary shall 
     designate a subsection (d) hospital as a Level I Faircare 
     hospital if the following requirements are met:
       ``(i) The requirement described subparagraph (A)(i) is met.
       ``(ii) Either--

       ``(I) the requirement described in subparagraph (A)(ii) is 
     met; or
       ``(II) the Secretary determines that the frequency of 
     appropriate care provided by the subsection (d) hospital for 
     each applicable measure is at least 10 percentage points 
     greater than the national average for the frequency of 
     appropriate care for each applicable measure.

       ``(iii) The Secretary determines that the subsection (d) 
     hospital, during the 24-month period preceding such 
     determination, has had no significant disparity in the 
     treatment of health disparity populations relative to other 
     patients for all of the 75 percent highest ranked applicable 
     measures, as ranked for their importance for healthcare 
     equity by the Agency for Healthcare Research and Quality 
     under section 925 of the Public Health Service Act.
       ``(2) Applicable measures defined.--For purposes of this 
     subsection, the term `applicable measures' means the Hospital 
     Quality Initiative measures established by the Agency for 
     Healthcare Research and Quality under part C of title IX of 
     the Public Health Service Act.
       ``(3) Health disparity population defined.--For purposes of 
     this subsection, the term `health disparity population' has 
     the meaning given that term in section 485E(d) of the Public 
     Health Service Act.
       ``(b) Financial Incentive Payments.--
       ``(1) In general.--Subject to paragraph (2) and subsection 
     (d), for purposes of subclauses (XIX) and (XX) of section 
     1886(b)(3)(B)(i) for each of fiscal years 2007 through 2015, 
     in the case of a subsection (d) hospital that has been 
     designated under subsection (b) for a fiscal year, the 
     Secretary shall increase the applicable percentage increase 
     for the subsequent fiscal year for such hospital--
       ``(A) in the case of a Level I Faircare hospital, by 4 
     percentage points (or 8 percentage points in the case of such 
     a hospital who is also described in subparagraph (B) of 
     section 1923(b)(1)(B));
       ``(B) in the case of a Level II Faircare hospital, by 2 
     percentage points (or 4 percentage points in the case of such 
     a hospital who is also described in subparagraph (B) of 
     section 1923(b)(1)(B));; and
       ``(C) in the case of a Level III Faircare hospital, by 1 
     percentage point (or 2 percentage points in the case of such 
     a hospital who is also described in subparagraph (B) of 
     section 1923(b)(1)(B)).
       ``(2) Reduction in financial incentive payments if 
     insufficient funding available.--If the Secretary estimates 
     that the total amount of increased payments under paragraph 
     (1) for a fiscal year will exceed the funding available under 
     subsection (d) for such increased payments for the fiscal 
     year, the Secretary shall proportionately reduce the 
     percentage points described in subparagraphs (A), (B), and 
     (C) of paragraph (1) in order to eliminate such excess.
       ``(3) Increased payment not built into the base.--Any 
     increased payment under paragraph (1) shall only apply to the 
     fiscal year involved and the Secretary shall not take into 
     account any such increased payment in computing the 
     applicable percentage increase under clause (i)(XIX) for a 
     subsequent fiscal year.
       ``(d) Authorization of Appropriations.--There are 
     authorized to be appropriated for making payments under 
     subsection (b) such sums as may be necessary for each of 
     fiscal years 2007 through 2015.''.

     SEC. 302. TECHNICAL ASSISTANCE GRANTS.

       (a) In General.--The Secretary of Health and Human Services 
     shall provide technical assistance to eligible entities for 
     the conduct of demonstration projects to improve the quality 
     of healthcare and to reduce healthcare disparities.
       (b) Eligibility.--To be eligible to receive technical 
     assistance under subsection (a), an entity shall--

[[Page 13870]]

       (1) be a hospital--
       (A) that, by legal mandate or explicitly adopted mission, 
     provides patients with access to services regardless of their 
     ability to pay;
       (B) that provides care or treatment for a substantial 
     number of patients who are uninsured, are receiving 
     assistance under a State program under title XIX of the 
     Social Security Act, or are members of health disparity 
     populations, as determined by the Secretary; and
       (C)(i) with respect to which, not less than 50 percent of 
     the entity's patient population is made up of racial and 
     ethnic minorities; or
       (ii) that serves a disproportionate percentage of local, 
     minority racial and ethnic patients, or that has a patient 
     population, at least 50 percent of which is limited English 
     proficient; and
       (2) prepare and submit to the Secretary an application at 
     such time, in such manner, and containing such information as 
     the Secretary may require.
       (c) Types of Assistance.--The type of technical assistance 
     that may be provided under this section shall be determined 
     by the Centers for Medicare & Medicaid Services. Such 
     assistance may include competitively awarded grants and other 
     forms of assistance.
       (d) Use of Assistance.--Assistance provided under this 
     section shall be used to improve healthcare quality or to 
     reduce healthcare disparities.
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section, such sums as 
     may be necessary for each of fiscal years 2005 through 2015.

                  TITLE IV--COMMUNITY HEALTH CENTERS.

     SEC. 401. AUTHORITY OF BUREAU OF PRIMARY HEALTH CARE TO 
                   DEVELOP NEW REPORTING STANDARDS.

       (a) In General.--The Secretary of Health and Human 
     Services, acting through the Bureau of Primary Health Care 
     within the Health Resources and Services Administration, 
     shall have the authority to--
       (1) incorporate the outpatient measures of the Agency for 
     Healthcare Research and Quality as developed under part C of 
     title IX of the Public Health Service Act (as added by title 
     II) into a supplement to existing demographic or quality 
     reporting instruments or other quality reporting instruments 
     utilized by the Health Resources and Services Administration;
       (2) verify the submission of data under this title (and the 
     amendments made by this title); and
       (3) award Faircare designations in accordance with section 
     339P of the Public Health Service Act (as added by section 
     402).
       (b) Distribution.--Not later than 1 year after the date of 
     enactment of this Act, the standards described in subsection 
     (a) shall be designed and distributed to health centers under 
     section 339P of the Public Health Service Act (as added by 
     section 402).

     SEC. 402. FAIRCARE DESIGNATION FOR HEALTH CENTERS.

       Part P of title III of the Public Health Service Act (42 
     U.S.C. 280g et seq.) is amended by adding at the end the 
     following:

     ``SEC. 399P. FAIRCARE DESIGNATION FOR HEALTH CENTERS.

       ``(a) Designation of Faircare Health Centers.--
       ``(1) In general.--For each of fiscal years 2006 through 
     2014, the Secretary shall designate health centers that 
     receive Federal assistance as follows:
       ``(A) Level iii faircare health center.--The Secretary 
     shall designate a health center as a Level III Faircare 
     health center if the following requirements are met:
       ``(i) The health center submitted data described in section 
     249 and part C of title IX to the Secretary in such form and 
     manner and at such time specified by the Secretary under such 
     section and part and all such data submitted relating to 
     patient quality includes data on the race, ethnicity, highest 
     education level attained, and primary language of such 
     patients.
       ``(ii) The Secretary determines that the health center has 
     improved the rate of delivery of high quality care during the 
     24-month period preceding such determination. A health center 
     shall be determined to meet the requirement in the preceding 
     sentence if the Secretary determines that the health center 
     has increased the frequency of appropriate care for the 
     majority of the applicable measures during such 24-month 
     period by at least 5 percentage points within each such 
     measure.
       ``(B) Level ii faircare health center.--The Secretary shall 
     designate a health center as a Level II Faircare health 
     center if the following requirements are met:
       ``(i) The requirements described in clauses (i) and (ii) of 
     subparagraph (A) are met.
       ``(ii) The Secretary determines that the health center, 
     during the 24-month period preceding such determination, has 
     made a significant reduction in the disparities in the 
     treatment of health disparity populations relative to other 
     patients for--

       ``(I) the majority of the applicable measures; or
       ``(II) all of the 25 percent highest ranked applicable 
     measures, as ranked for their importance for healthcare 
     equity by the Agency for Healthcare Research and Quality 
     under section 925.

       ``(C) Level i faircare health center.--The Secretary shall 
     designate a health center as a Level I Faircare health center 
     if the following requirements are met:
       ``(i) The requirement described subparagraph (A)(i) is met.
       ``(ii) Either--

       ``(I) the requirement described in subparagraph (A)(ii) is 
     met; or
       ``(II) the Secretary determines that the frequency of 
     appropriate care provided by the health center for each 
     applicable measure is at least 10 percentage points greater 
     than the national average for the frequency of appropriate 
     care for each applicable measure.

       ``(iii) The Secretary determines that the health center, 
     during the 24-month period preceding such determination, has 
     had no significant disparity in the treatment of health 
     disparity populations relative to other patients for all of 
     the 75 percent highest ranked applicable measures, as ranked 
     for their importance for healthcare equity by the Agency for 
     Healthcare Research and Quality under section 925.
       ``(2) Applicable measures defined.--For purposes of this 
     subsection, the term `applicable measures' means the measures 
     determined applicable under section 401(a) of the Faircare 
     Act.
       ``(3) Health disparity population defined.--For purposes of 
     this subsection, the term `health disparity population' has 
     the meaning given that term in section 485E(d).
       ``(b) Eligibility for Bonuses.--A health center that is 
     designated as a Faircare health center under subsection (a) 
     shall be eligible for the following annual bonuses in the 
     fiscal year following the year in which the health center is 
     designated as a Faircare health center under this section, 
     with respect to assistance received under Federal health care 
     programs:
       ``(1) With respect to a health center that is designated as 
     a Level III Faircare health center, the Secretary shall 
     determine the amount of such bonus which shall not be less 
     than $200,000.
       ``(2) With respect to a health center that is designated as 
     a Level II Faircare health center, the Secretary shall 
     determine the amount of such bonus which shall not be less 
     than $300,000.
       ``(3) With respect to a health center that is designated as 
     a Level I Faircare health center, the Secretary shall 
     determine the amount of such bonus which shall not be less 
     than $500,000.
       ``(c) Reduction in Financial Incentive Payments if 
     Insufficient Funding Available.--If the Secretary estimates 
     that the total amount of bonuses under subsection (b) for a 
     fiscal year will exceed the funding available under 
     subsection (e) for such bonuses for the fiscal year, the 
     Secretary shall proportionately reduce the amount of the 
     bonus payments described in paragraphs (1), (2), and (3) of 
     subsection (b) in order to eliminate such excess.
       ``(d) Definition.--For purposes of this section, the term 
     `health center' means a Federally qualified health center as 
     defined in section 1861(aa)(4) of the Social Security Act.
       ``(e) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section, such sums as 
     may be necessary for each of fiscal years 2007 through 
     2015.''.

     SEC. 403. GRANTS FOR TECHNICAL ASSISTANCE.

       Part P of title III of the Public Health Service Act (42 
     U.S.C. 280g et seq.), as amended by section 402, is further 
     amended by adding at the end the following:

     ``SEC. 399Q. GRANTS FOR TECHNICAL ASSISTANCE IN IMPROVING 
                   QUALITY.

       ``(a) In General.--If a health center reporting data 
     described in section 399P(a)(1)(A) for 3 or more years has 
     demonstrated no improvement or a decrease in healthcare 
     quality on at least 30 percent of all quality measures as 
     designated under section 401(a) of the Faircare Act, such 
     health center shall be given priority to receive technical 
     assistance from the Bureau of Primary Health Care within the 
     Health Resources and Services Administration.
       ``(b) Type of Assistance.--The type of technical assistance 
     that may be provided under subsection (a) shall be determined 
     by the Bureau of Primary Health Care and may include 
     competitively awarded grants and other forms of assistance.
       ``(c) Use of Assistance.--Assistance provided under this 
     section shall be used by the health center to improve 
     healthcare quality or reduce healthcare disparities.
       ``(d) Definition.--For purposes of this section, the term 
     `health center' means a Federally qualified health center as 
     defined in section 1861(aa)(4) of the Social Security Act.
       ``(e) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this subsection, such sums as 
     may be necessary for each of fiscal years 2007 through 
     2015.''.

     SEC. 404. HEALTH DISPARITY COLLABORATIVES.

       (a) In General.--The Bureau of Primary Health Care within 
     the Health Resources and Services Administration shall--
       (1) provide technical assistance and funding to the Health 
     Disparity Collaboratives; and
       (2) expand the provision of technical assistance and 
     funding, at the discretion of the Bureau, to priority areas 
     designated by the Agency for Healthcare Research and Quality 
     in consultation with the Advisory Committee established under 
     section 925 of the Public Health Service Act.

[[Page 13871]]

       (b) Funding.--The Bureau of Primary Health Care within the 
     Health Resources and Services Administration shall continue 
     to fund collaboratives with a goal of adding at least 50 new 
     health centers each year.
       (c) Definition.--For purposes of this section, the term 
     `health center' means a Federally qualified health center as 
     defined in section 1861(aa)(4) of the Social Security Act.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section, such sums as 
     may be necessary for each of fiscal years 2005 through 2015.

                          TITLE V--REACH 2010

     SEC. 501. EXPANSION OF REACH 2010

       (a) In General.--The Secretary of Health and Human 
     Services, acting through the Director of the Centers for 
     Disease Control and Prevention, shall award grants and carry 
     out other activities to expand the Racial and Ethnic 
     Approaches to Community Health Program (REACH 2010) program 
     to support coalitions in all 50 States and territories.
       (b) Eligibility.--To be eligible to receive a grant under 
     this section an entity shall--
       (1) be a coalition that is comprised of , at a minimum, a 
     community-based organization and at least 3 other 
     organizations, one of which is either a State or local health 
     department or a university or research organization; and
       (2) prepare and submit to the Secretary of Health and Human 
     Services an application at such time, in such manner, and 
     containing such information as the Secretary may require.
       (c) Use of Grants.--Amounts provided under a grant under 
     this section shall be used to support community coalitions in 
     designing, implementing, and evaluating community-driven 
     strategies to eliminate health disparities, with an emphasis 
     on African Americans, American Indians, Alaska Natives, Asian 
     Americans, Hispanic Americans, and Pacific Islanders.
       (d) Priority Areas.--In carrying out the Racial and Ethnic 
     Approaches to Community Health Program (REACH 2010) program, 
     the Director of the Centers for Disease Control and 
     Prevention shall include the following priority areas:
       (1) Cardiovascular disease.
       (2) Immunizations.
       (3) Breast and cervical cancer screening and management.
       (4) Diabetes.
       (5) HIV/AIDS.
       (6) Infant mortality.
       (7) Asthma.
       (8) Obesity.
       (9) At the discretion of the Director of the Centers for 
     Disease Control and Prevention, any additional priority areas 
     determined appropriate by the Agency for Healthcare Research 
     and Quality in consultation with the Advisory Committee 
     established under section 925 of the Public Health Service 
     Act.
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section and the Racial 
     and Ethnic Approaches to Community Health Program (REACH 
     2010) program, $200,000,000 for each of fiscal years 2005 to 
     2007, and such sums as may be necessary for each of fiscal 
     years 2008 through 2015.

                 TITLE VI--MALPRACTICE INSURANCE RELIEF

     SEC. 601. REFUNDABLE TAX CREDIT FOR THE COST OF MALPRACTICE 
                   INSURANCE FOR CERTAIN PROVIDERS.

       (a) In general.--Subpart C of part IV of subchapter A of 
     chapter 1 of the Internal Revenue Code of 1986 (relating to 
     refundable credits) is amended by redesignating section 36 as 
     section 37 and by inserting after section 35 the following 
     new section:

     ``SEC. 36. CERTAIN MALPRACTICE INSURANCE COSTS.

       ``(a) In General.--In the case of an eligible health care 
     provider, there shall be allowed as a credit against the tax 
     imposed by this subtitle for the taxable year an amount equal 
     to the applicable percentage of qualified malpractice 
     insurance expenditures paid or incurred during the taxable 
     year.
       ``(b) Applicable percentage.--For purposes of this 
     section--
       ``(1) In general.--The applicable percentage shall be--
       ``(A) 10 percent for any taxable year for which the person 
     claiming the credit is an eligible health care provider, plus
       ``(B) 5 percent for each consecutive prior taxable year 
     ending after the date of enactment of this section for which 
     such person was an eligible health care provider.
       ``(2) Limitation.--The applicable percentage shall not 
     exceed 25 percent.
       ``(c) Eligible Health Care Provider.--For purposes of this 
     section, the term `eligible health care provider' means--
       ``(1) a public or private nonprofit hospital which is--
       ``(A) located in a medically underserved area (as defined 
     in section 1302(7) of the Public Health Service Act) or in a 
     health professional shortage area (as designated under 
     section 332 of the Public Health Service Act), and
       ``(B) designated as a Level I Faircare Hospital under 
     section 339P of the Public Health Service Act or section 1898 
     of the Social Security Act for the year in which such 
     hospital's taxable year ends, and
       ``(2) a physician for whom not less than 66 percent of the 
     practice for the taxable year is at a facility described in 
     paragraph (1).
       ``(d) Qualified Medical Malpractice Insurance 
     Expenditure.--The term `qualified medical malpractice 
     insurance expenditure' means so much of any professional 
     insurance premium, surcharge, payment or other cost or 
     expense required as a condition of State licensure which is 
     incurred by an eligible health care provider in a taxable 
     year for the sole purpose of providing or furnishing general 
     medical malpractice liability insurance for such eligible 
     health care provider.''.
       (b) Denial of Double Benefit.--Section 280C of the Internal 
     Revenue Code of 1986 (relating to certain expenses for which 
     credits are allowable) is amended by adding at the end the 
     following new subsection:
       ``(d) Credit for Medical Malpractice Liability Insurance 
     Premiums.--
       ``(1) In general.--No deduction shall be allowed for that 
     portion of the qualified medical malpractice insurance 
     expenditures otherwise allowable as a deduction for the 
     taxable year which is equal to the amount of the credit 
     allowable for the taxable year under section 36.
       ``(2) Controlled groups.--In the case of a corporation 
     which is a member of a controlled group of corporations 
     (within the meaning of section 41(f)(5)) or a trade or 
     business which is treated as being under common control with 
     other trades or business (within the meaning of section 
     41(f)(1)(B)), this subsection shall be applied under rules 
     prescribed by the Secretary similar to the rules applicable 
     under subparagraphs (A) and (B) of section 41(f)(1).''.
       (c) Conforming Amendment.--Paragraph (2) of section 1324(b) 
     of title 31, United States Code, is amended by inserting 
     before the period ``or from section 36 of such Code''.
       (d) Clerical Amendment.--The table of sections for subpart 
     C of part IV of subchapter A of chapter 1 of the Internal 
     Revenue Code of 1986 is amended by striking the item related 
     to section 36 and inserting the following new items:

``Sec. 36. Certain malpractice insurance costs.
``Sec. 37. Overpayments of tax.''.

       (e) Effective Date.--The amendments made by this section 
     shall apply to expenditures incurred after December 31, 2005.
       (f) Availability of Credit for Tax Exempt Organizations.--
     The Secretary of the Treasury shall administer the credit 
     allowable under section 36 of the Internal Revenue Code of 
     1986 (as added by this section) in such a manner so as to 
     minimize to the largest extent possible the administrative 
     burden on tax exempt organizations claiming the credit.

     SEC. 602. GRANTS TO NON-PROFIT HOSPITALS.

       (a) In General.--The Secretary of Health and Human 
     Services, acting through the Administrator of the Health 
     Resources and Services Administration, shall award grants to 
     eligible entities to assist such entities in defraying 
     qualified medical malpractice insurance expenditures.
       (b) Eligibility.--To be eligible to receive a grant under 
     subsection (a), an entity shall--
       (1) be a Faircare Level I non-profit hospital (as 
     determined under section 1898(b) of the Social Security Act) 
     in the preceding fiscal year;
       (2) not be eligible to claim the tax credit under section 
     36 of the Internal Revenue Code of 1986;
       (3) prepare and submit to the Secretary of Health and Human 
     Services an application at such time, in such manner, and 
     containing such information as the Secretary may require.
       (c) Amount of Grant.--The amount of a grant awarded to an 
     eligible entity under this section shall be--
       (1) with respect to the first year of the grant, an amount 
     equal to 10 percent of the qualified medical malpractice 
     insurance expenditures of the entity for the year;
       (2) with respect to the second year of the grant, an amount 
     equal to 15 percent of the qualified medical malpractice 
     insurance expenditures of the entity for the year;
       (3) with respect to the third year of the grant, an amount 
     equal to 20 percent of the qualified medical malpractice 
     insurance expenditures of the entity for the year; and
       (4) with respect to the fourth and subsequent years of the 
     grant, an amount equal to 25 percent of the qualified medical 
     malpractice insurance expenditures of the entity for the 
     year.
       (d) Definition.--In this section, the term ``qualified 
     medical malpractice insurance expenditure'' has the meaning 
     given such term in section 36(d) of the Internal Revenue Code 
     of 1986.

     SEC. 603. GRANTS FOR RESEARCH INTO QUALITY OF CARE AND 
                   MEDICAL ERRORS.

       (a) In General.--The Secretary of Health and Human Services 
     shall award grants to eligible entities to study the 
     relationship between institutions that are designated as 
     Faircare hospitals under section 1898(b) of the Social 
     Security Act and medical errors or the rate of claims of 
     malpractice.
       (b) Eligibility.--To be eligible to receive a grant under 
     subsection (a), an entity shall prepare and submit to the 
     Secretary of Health and Human Services an application at such 
     time, in such manner, and containing such information as the 
     Secretary may require.

[[Page 13872]]



     SEC. 604. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated to carry out this 
     title, such sums as may be necessary for each of fiscal years 
     2005 through 2015.
                                  ____


         Statements of Support for the Lieberman FairCare Bill


                    The National Health Law Program

       ``The National Health Law Program (NHeLP) commends the 
     announcement of The Faircare Act. Recognizing that 
     comprehensive and accurate data is critical to identifying 
     and then eliminating health disparities, the Faircare Act 
     would require race, ethnicity and primary language data 
     collection throughout federally operated or funded health 
     programs and provide crucial technical and financial 
     assistance to healthcare providers to meet the challenges of 
     eliminating health disparities.''


     Joint Commission on Accreditation of Healthcare Organizations

       ``The legislation comprehensively reflects current national 
     research and programmatic initiatives such as those of the 
     Joint Commission, private foundations, professional 
     organizations, academic institutions, and state and national 
     government agencies. For example, the Joint Commission has 
     two externally funded research projects that are looking at 
     issues related to culture and language. One, funded by the 
     Commonwealth Fund, is looking at the impact of limited 
     English proficiency on adverse medical events. Another, 
     funded by The California Endowment, is looking at how 
     hospitals across the nation are responding to issues of 
     culture and language. In addition to research activities, the 
     Joint Commission is engaging in field review of a proposed 
     new standard to require the collection of information on 
     patients' race, ethnicity, and primary language, is 
     supporting the National Conference of Quality Health Care for 
     Culturally Diverse Populations, and staff from the Joint 
     Commission serve on a number of national advisory panels that 
     are addressing issues of health care disparities, cultural 
     and linguistic issues, and issues related to health 
     literacy.''
       ``Financial incentives, as proposed in this legislation, 
     are timely and appropriate. Based on focus group feedback, 
     and input from Joint Commission advisory groups, the lack of 
     incentive, competing priorities, and limited resources for 
     providing culturally and linguistically appropriate services 
     is the main barrier to implementation, secondary, only to the 
     lack of awareness of the issue.''


                    The Progressive Policy Institute

       ``Sen. Lieberman's FairCare Legislation would 
     simultaneously make health care fairer and less wasteful by 
     tackling one of the core problems with health care today: 
     payment by procedure instead of performance. Too often, 
     patients, especially minorities, do not receive basic high 
     care quality like aspirin or beta-blockers for heart attack 
     victims because providers can't charge for it. It's time for 
     the federal government to make pay-for-performance a core 
     feature of health care policy.''


                      Physicians for Human Rights

       ``Senator Lieberman's Faircare bill is an important step 
     toward eliminating racial and ethnic disparities in 
     healthcare by both assuring quality of care and reducing care 
     inequities. Quality care means making the same healthcare 
     available to all Americans regardless of race or ethnicity.''


                     The Out of Many, One Coalition

       ``We applaud Senator Lieberman's leadership in tying the 
     elimination of health disparities to the improvement of 
     healthcare quality in the Nation.''


             National Conference for Community and Justice

       ``By establishing quantifiable standards, and providing 
     incentives to meet those standards, Faircare: A Bill to 
     Decrease Disparities in Healthcare Through Improving 
     Healthcare Quality for All can help raise the quality and 
     consistency of healthcare for all of us, not just some of us. 
     The issue of disparities in healthcare is a national crisis, 
     and the National Conference for Community and Justice (NCCJ) 
     remains committed to working with decision-makers and 
     community leaders to address this crisis on a national and 
     regional level. It is a critical part of America's unfinished 
     business, and through education and advocacy, we will bridge 
     the divides of quality healthcare so that all people receive 
     the information and treatment needed to lead healthy lives.''
                                 ______
                                 
      By Mr. GREGG (for himself, Mr. Harkin, Mr. Roberts, Mr. Kennedy, 
        Mr. Reed, Mrs. Murray, Mr. Jeffords, Mr. Enzi, and Mr. Dodd):
  S. 2595. A bill to establish State grant programs related to 
assistive technology and protection and advocacy services, and for 
other purposes; to the Committee on Health, Education, Labor, and 
Pensions.
  Mr. GREGG. Mr. President, today, I join my esteemed colleague, the 
Senator from Iowa, Senator Harkin, and other members, in introducing 
the Improving Access to Assistive Technology for Individuals with 
Disabilities Act of 2004.
  For the past 6 months we have been working in a bipartisan fashion on 
the reauthorization of the Assistive Technology Act. Our proposed 
legislation is designed to remove barriers that people with 
disabilities encounter when attempting to access and purchase assistive 
technology. Working with the disability, business, and research and 
development communities, the Departments of Education, Labor, and 
Commerce, and the Small Business Administration, we have completely 
rewritten the Act to accomplish this goal. More specifically, our 
efforts focused on three fundamental changes: improving access by 
reducing bureaucracy; fostering private/public sector relationships; 
and stabilizing the State projects funding stream
  In a March 1993 report to the President and the Congress on the 
``Study on the Financing of Assistive Technology Devices and Services 
for Individuals with Disabilities,'' the National Council on Disability 
heard repeatedly from witnesses at public forums about the abandonment 
of equipment by persons with disabilities who had no opportunity prior 
to purchase to try it out or see it demonstrated.
  Current law authorizes State projects to conduct system change 
activities and provide information and referral services to people with 
disabilities and their families. Although these are necessary and 
important duties, they do not immediately impact and help a person with 
a disability obtain assistive technology that he or she may need today.
  This bill modifies the current list of authorized activities by 
expanding the authority of the State assistive technology act programs 
to increase the ability of persons with disabilities to experience or 
obtain assistive technology. Our bill, written by members of the 
Committee on Health Education, Labor and Pensions, provides the State 
projects with a tangible set of mandatory activities, yet at the same 
time provides State flexibility to address emerging State needs.
  Therefore, the new functions require States to provide citizens with 
access to device loan, reutilization, and financing programs, and 
equipment demonstration centers directly by developing such programs, 
or partnering with another entity in the State currently conducting 
these programs. The purpose of these programs is to provide individuals 
with disabilities the opportunity to receive proper assessments and 
evaluations for assistive technology, test and obtain information about 
various devices, borrow or rent devices and equipment before it is 
purchased, and be able to access low interest loans to purchase needed 
technology. Each of these new requirements will help make the most of 
limited public resources in an environment that emphasizes consumer 
choice in and control of assistive technology services and funding. 
Further, they demonstrate the benefits and costs of assistive 
technology.
  Additionally, our bill intensifies outreach efforts to employers, 
providers of employment and adult services, school systems, and health 
care providers that have direct contact with persons with disabilities 
to inform them about the beneficial aspects of assistive technology. 
Finally, we authorize States to create an advisory board to provide 
enhanced flexibility, guide the actions of the State programs and 
establish State priorities to meet the specific assistive technology 
needs of State residents.
  The Committee on Health Education, Labor and Pensions learned through 
several public forums held this and last year that employers are 
frequently confused by the vast array of assistive technology devices 
available to employees, the costs associated with purchasing assistive 
technology, and how or where to purchase assistive technology to meet 
the needs of potential employees or employees acquiring disabilities 
due to age, accidents and other causes. However, various studies paint 
a different picture. The Office of Disability Employment Policy of the 
Department of Labor funds the Job Accommodation Network (JAN), a free 
consulting service designed to increase the employability of people 
with disabilities. According to an ongoing JAN

[[Page 13873]]

evaluation, 71 percent of the businesses that used JAN for assistance 
on providing specific accommodation information for employees with 
disabilities found that the accommodation that the employee needed cost 
between $0.00 and $500.00.
  This sent up a red flag, indicating that there is a disconnect or gap 
between the knowledge base as it currently exists and how that 
information reaches not only employers, but schools, school districts, 
hospitals and other entities. I imagine at schools and school officials 
in Berlin, NH, Clearmont, WY, Tribune, KS, or any other rural community 
would have a difficult time determining the assistive technology needs 
of a student with a disability without some type of assistance.
  I am also sure that the same is true for small businesses. The 
Disability Business and Technical Assistance Centers (DBTACs), funded 
by the National Institute on Disability Rehabilitation and Research 
(NIDRR) Office of Special Education and Rehabilitative Services (OSERS) 
at the Department of Education, are regional Centers that provide 
training, information, and technical assistance on the Americans with 
Disabilities Act (ADA) to businesses, consumers, schools, and State and 
local governments. The DBTACs do wonderful work; however, a small 
business owner usually does not know where to go or where to send an 
employee if he or she needs an assessment or knowledge of various 
assistive devices so the small business can provide the necessary and 
appropriate assistive device.
  According to statistics from the Small Business Administration office 
of Advocacy, small businesses pay 44.3 percent of the total private 
payroll in the United States, and have generated anywhere from 60 to 80 
percent of net new jobs annually over the past decade. As a current 
high school student with disabilities graduates and looks for a job, 
there is a good chance that this young person will work for a small 
business. That being said, if the student has accommodation or 
technology needs, will the business know where to go for assistance?
  There are quite a few State Assistive Technology Act projects that 
are currently conducting outreach and public awareness activities, 
providing technical assistance to the business community, but it is not 
occurring unilaterally across the Nation. While current law authorizes 
such activities it does not specifically state that public awareness 
activities should be focused on the business community.
  This bill aggressively engages businesses, especially small 
businesses, by providing them with greater access to technical 
assistance so that they can accommodate employees with disabilities. 
Additionally, in an effort to improve access to assistive technology 
and to lower costs, the bill enhances competition and forges incentives 
for researchers and developers.
  The bill accomplishes these goals by improving the utilization of 
federal dollars and collaborative efforts between the agency 
administering the Assistive Technology Act projects and other Federal 
departments and initiatives, such as the Small Business 
Administration's (SBA) and Department of Labor's (DOL) interagency 
initiative to improve employment opportunities for people with 
disabilities in small businesses.
  This bill also strengthens relationships between federally funded 
programs, such as the Assistive Technology Act projects, with private 
sector employers and researchers, by directing the Office of Special 
Education and Rehabilitation Services at the Department of Education to 
make grants available to for-profit and non-profit entities to enhance 
public/private partnerships. These grant opportunities include creating 
grants to support the development of public service announcements, 
which can be modified for regional use, to reach out to small 
businesses, the aging population, and people with disabilities about 
the benefits of assistive technology. Grants can also fund a technical 
assistance provider to assist employers in addressing the needs of 
aging workers that are acquiring disabilities and may need assistive 
technology to maintain their current level of productivity.
  When Congress passed the original Assistive Technology Act in 1988, 
Congressional intent was to provide States with time-limited Federal 
seed money to assist them in developing and implementing their own 
assistive technology programs. This Federal-State partnership has 
provided an important service to individuals with disabilities by 
strengthening the capacity of each State to assist individuals with 
disabilities of all ages with their assistive technology needs. 
However, thousands of people with disabilities could lose access to 
this infrastructure if the Federal contribution comes to an end. 
Additionally, the bill drafters have recognized that for-profit and 
non-profit entities have not put the necessary time and energy into 
fostering relationships with the State programs, fearing that the 
Federal contribution would end, and the State programs would no longer 
exist.
  Three years ago, with the introduction of the President's New Freedom 
Initiative in the winter of 2001, the Administration launched new 
comprehensive programs to tell America that individuals with 
disabilities are valued citizens. Traditionally, individuals with 
disabilities have been outcasts of society--seen as burdensome and 
institutionalized--and have not been permitted to contribute to society 
or expected to pursue the American Dream that so many of us take for 
granted.
  This Administration recognizes and believes in the full participation 
of people with disabilities in all areas of society. This belief has 
been put into action by increasing access to assistive and universally 
designed technologies, expanding educational and employment 
opportunities, promoting increased access into daily community life, 
and helping members of this misunderstood and underutilized group of 
citizens achieve and succeed. Compassionate Conservatism is what I 
believe our President calls it.
  As the New Freedom Initiative states, ``Assistive and universally 
designed technologies can be a powerful tool for millions of Americans 
with disabilities, dramatically improving one's quality of life and 
ability to engage in productive work. New technologies are opening 
opportunities for even those with the most severe disabilities.'' This 
new-found sense of purpose and urgency, occurring shortly after the 
Olmstead decision, has re-ignited the interest and support for a 
Federal-State partnership to provide comprehensive, statewide assistive 
technology services to individuals with disabilities.
  Consequently, Congress must stabilize funding for the State programs 
by supporting State efforts to improve the provision of assistive 
technology for individuals with disabilities. Congress must also ensure 
that the Federal commitment to independent living, and the full 
participation of individuals with disabilities in society, guaranteed 
through the President's ``New Freedom Initiative,'' is upheld. In this 
instance, that translates into providing States with the necessary 
funding to maintain the comprehensive Statewide programs of technology-
related assistance for individuals with disabilities of all ages. 
However, the drafters of this legislation also expect States to take 
ownership of and expand upon the comprehensive Statewide programs of 
technology-related assistance.
  Therefore, this bill removes the sunset provision in the 1998 Act and 
creates a typical reauthorization cycle, while slightly increasing the 
State minimum allotment to offset some of the costs for the additional 
requirements.
  I would like to thank Senator Harkin, and his staff, particularly 
Mary Giliberti, for their hard work and dedication in putting together 
a bi-partisan bill that will assist thousands of individuals with 
disabilities access services and devices that they so desperately need. 
I would also like to thank Senators Roberts, DeWine, Warner, Ensign, 
Kennedy, and Reed, and their staff members, Jennifer Swenson, Mary Beth 
Luna, John (JK) Robinson, Lindsay Lovlien, Kent Mitchell, Connie 
Garner, Elyse Wasch, and Erica Swanson as they were on board and helped

[[Page 13874]]

make this a bipartisan process from the beginning.
  Senator Harkin and I were determined to make this a bipartisan 
process from the beginning. We have crafted a bill that we are 
confident will be overwhelmingly supported by both Republicans and 
Democrats--and most importantly by the disability community, providers 
of disability related services, States, employers and businesses, and 
the educational community.
  I ask unanimous consent that the legislation be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2595

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Improving Access to 
     Assistive Technology for Individuals with Disabilities Act of 
     2004''.

     SEC. 2. FINDINGS AND PURPOSE.

       (a) Findings.--Congress finds the following:
       (1) Over 54,000,000 individuals in the United States have 
     disabilities, with almost half experiencing severe 
     disabilities that affect their ability to see, hear, 
     communicate, reason, walk, or perform other basic life 
     functions.
       (2) Disability is a natural part of the human experience 
     and in no way diminishes the right of individuals to--
       (A) live independently;
       (B) enjoy self-determination and make choices;
       (C) benefit from an education;
       (D) pursue meaningful careers; and
       (E) enjoy full inclusion and integration in the economic, 
     political, social, cultural, and educational mainstream of 
     society in the United States.
       (3) Too many individuals with disabilities are outside the 
     economic and social mainstream of society in the United 
     States. For example, individuals with disabilities are less 
     likely than their non-disabled peers to graduate from high 
     school, participate in postsecondary education, work, own a 
     home, participate fully in their community, vote, or use the 
     computer and the internet.
       (4) As President Bush's New Freedom Initiative states, 
     ``Assistive and universally designed technologies can be a 
     powerful tool for millions of Americans with disabilities, 
     dramatically improving one's quality of life and ability to 
     engage in productive work. New technologies are opening 
     opportunities for even those with the most severe 
     disabilities. For example, some individuals with quadriplegia 
     can now operate computers by the glance of an eye.''.
       (5) According to the National Council on Disability, ``For 
     Americans without disabilities, technology makes things 
     easier. For Americans with disabilities, technology makes 
     things possible.''.
       (6) Substantial progress has been made in the development 
     of assistive technology devices, universally designed 
     products, and accessible information technology and 
     telecommunications systems. Those devices, products, and 
     systems can facilitate communication, ensure independent 
     functioning, enable early childhood development, support 
     educational achievement, provide and enhance employment 
     options, and enable full participation in community living. 
     Access to such devices, products, and systems can also reduce 
     expenditures associated with early childhood intervention, 
     education, rehabilitation and training, health care, 
     employment, residential living, independent living, 
     recreation opportunities, and other aspects of daily living.
       (7) Over the last 15 years, the Federal Government has 
     invested in the development of statewide comprehensive 
     systems of assistive technology, which have proven effective 
     in assisting individuals with disabilities in accessing 
     assistive technology devices and assistive technology 
     services. Federal dollars fund statewide infrastructures that 
     support equipment demonstration programs, short-term device 
     loan programs, financial loan programs, equipment exchange 
     and recycling programs, training programs, advocacy services, 
     and information and referral services.
       (8) Despite the success of the programs and services 
     described in paragraph (7), individuals with disabilities who 
     need assistive technology and accessible information 
     technology continue to have a great need to know what 
     technology is available, to determine what technology is most 
     appropriate, and to obtain and utilize that technology to 
     ensure their maximum independence and participation in 
     society.
       (9) The 2000 decennial Census indicates that over 
     21,000,000 individuals in the United States, more than 8 
     percent of the United States population, have a disability 
     that limits their basic physical abilities such as walking, 
     climbing stairs, reaching, lifting, or carrying. Nearly 12 
     percent of working-age individuals in the United States, or 
     21,300,000 of those individuals, have a disability that 
     affects their ability to work.
       (10) The combination of significant recent changes in 
     Federal policy (including changes to section 508 of the 
     Rehabilitation Act of 1973 (29 U.S.C. 794d), accessibility 
     provisions of the Help America Vote Act of 2002 (42 U.S.C. 
     15301 et seq.), Executive Order 13217 (42 U.S.C. 12131 note; 
     relating to community-based alternatives for individuals with 
     disabilities), and the amendments made by the No Child Left 
     Behind Act of 2001) and the rapid and unending evolution of 
     technology require a Federal investment in State assistive 
     technology systems to ensure that individuals with 
     disabilities reap the benefits of the technological 
     revolution and participate fully in life in their 
     communities.
       (b) Purposes.--The purposes of this Act are--
       (1) to enhance the ability of the Federal Government to 
     provide States with financial assistance that supports 
     statewide--
       (A) activities to increase access to, and funding for, 
     assistive technology devices and assistive technology 
     services, including financing systems and financing programs;
       (B) device demonstration, device loan, and device re-
     utilization programs;
       (C) training and technical assistance in the provision or 
     use of assistive technology devices and assistive technology 
     services;
       (D) information systems relating to the provision of 
     assistive technology devices and assistive technology 
     services; and
       (E) improved interagency and public-private coordination 
     that results in increased availability of assistive 
     technology devices and assistive technology services; and
       (2) to provide States with financial assistance to 
     undertake activities that assist each State in maintaining 
     and strengthening cross-disability, full-lifespan State 
     assistive technology programs, consistent with the Federal 
     commitment to full participation and independent living of 
     individuals with disabilities.

     SEC. 3. DEFINITIONS.

        In this Act:
       (1) Accessible information technology and 
     telecommunications.--The term ``accessible information 
     technology and telecommunications'' means information 
     technology or electronic and information technology as 
     defined by section 1194.4 of title 36, Code of Federal 
     Regulations (or any corresponding similar regulation or 
     ruling) that conforms to the applicable technical standards 
     set forth in sections 1194.21 through 1194.26 of such title 
     (or any corresponding similar regulation or ruling).
       (2) Adult service provider.--The term ``adult service 
     provider'' means a public or private entity that provides 
     services to, or is otherwise substantially involved with the 
     major life functions of, individuals with disabilities. Such 
     term includes--
       (A) entities and organizations providing residential, 
     supportive, employment services, or employment-related 
     services to individuals with disabilities;
       (B) centers for independent living, such as the centers 
     described in part C of title VII of the Rehabilitation Act of 
     1973 (29 U.S.C. 796f et seq.);
       (C) employment support agencies connected to adult 
     vocational rehabilitation, including one-stop partners, as 
     defined in section 101 of the Workforce Investment Act of 
     1998 (29 U.S.C. 2801); and
       (D) other organizations or venders licensed or registered 
     by the designated State agency, as defined in section 7 of 
     the Rehabilitation Act of 1973 (29 U.S.C. 705).
       (3) American indian consortium.--The term ``American Indian 
     consortium'' means a consortium established under subtitle C 
     of title I of the Developmental Disabilities Assistance and 
     Bill of Rights Act of 2000 (42 U.S.C. 15041 et seq.).
       (4) Assistive technology.--The term ``assistive 
     technology'' means technology designed to be utilized in an 
     assistive technology device or assistive technology service.
       (5) Assistive technology device.--The term ``assistive 
     technology device'' means any item, piece of equipment, or 
     product system, whether acquired commercially, modified, or 
     customized, that is used to increase, maintain, or improve 
     functional capabilities of individuals with disabilities.
       (6) Assistive technology service.--The term ``assistive 
     technology service'' means any service that directly assists 
     an individual with a disability in the selection, 
     acquisition, or use of an assistive technology device. Such 
     term includes--
       (A) the evaluation of the assistive technology needs of an 
     individual with a disability, including a functional 
     evaluation of the impact of the provision of appropriate 
     assistive technology and appropriate services to the 
     individual in the customary environment of the individual;
       (B) a service consisting of purchasing, leasing, or 
     otherwise providing for the acquisition of assistive 
     technology devices by individuals with disabilities;
       (C) a service consisting of selecting, designing, fitting, 
     customizing, adapting, applying, maintaining, repairing, 
     replacing, or donating assistive technology devices;
       (D) coordination and use of necessary therapies, 
     interventions, or services with assistive technology devices, 
     such as therapies, interventions, or services associated with

[[Page 13875]]

     education and rehabilitation plans and programs;
       (E) training or technical assistance for an individual with 
     a disability or, where appropriate, the family members, 
     guardians, advocates, or authorized representatives of such 
     an individual; and
       (F) training or technical assistance for professionals 
     (including individuals providing education and rehabilitation 
     services and entities that manufacture or sell assistive 
     technology devices), employers, providers of employment and 
     training services, or other individuals who provide services 
     to, employ, or are otherwise substantially involved in the 
     major life functions of individuals with disabilities.
       (7) Capacity building and advocacy activities.--The term 
     ``capacity building and advocacy activities'' means efforts 
     that--
       (A) result in laws, regulations, policies, practices, 
     procedures, or organizational structures that promote 
     consumer-responsive programs or entities; and
       (B) facilitate and increase access to, provision of, and 
     funding for, assistive technology devices and assistive 
     technology services,
     in order to empower individuals with disabilities to achieve 
     greater independence, productivity, and integration and 
     inclusion within the community and the workforce.
       (8) Comprehensive statewide program of technology-related 
     assistance.--The term ``comprehensive statewide program of 
     technology-related assistance'' means a consumer-responsive 
     program of technology-related assistance for individuals with 
     disabilities, implemented by a State, and equally available 
     to all individuals with disabilities residing in the State, 
     regardless of their type of disability, age, income level, or 
     location of residence in the State, or the type of assistive 
     technology device or assistive technology service required.
       (9) Consumer-responsive.--The term ``consumer-
     responsive''--
       (A) with regard to policies, means that the policies are 
     consistent with the principles of--
       (i) respect for individual dignity, personal 
     responsibility, self-determination, and pursuit of meaningful 
     careers, based on informed choice, of individuals with 
     disabilities;
       (ii) respect for the privacy, rights, and equal access 
     (including the use of accessible formats) of such 
     individuals;
       (iii) inclusion, integration, and full participation of 
     such individuals in society;
       (iv) support for the involvement in decisions of a family 
     member, a guardian, an advocate, or an authorized 
     representative, if an individual with a disability requests, 
     desires, or needs such involvement; and
       (v) support for individual and systems advocacy and 
     community involvement; and
       (B) with respect to an entity, program, or activity, means 
     that the entity, program, or activity--
       (i) is easily accessible to, and usable by, individuals 
     with disabilities and, when appropriate, their family 
     members, guardians, advocates, or authorized representatives;
       (ii) responds to the needs of individuals with disabilities 
     in a timely and appropriate manner; and
       (iii) facilitates the full and meaningful participation of 
     individuals with disabilities (including individuals from 
     underrepresented populations and rural populations) and their 
     family members, guardians, advocates, and authorized 
     representatives, in--

       (I) decisions relating to the provision of assistive 
     technology devices and assistive technology services to such 
     individuals; and
       (II) decisions related to the maintenance, improvement, and 
     evaluation of the comprehensive statewide program of 
     technology-related assistance, including decisions that 
     affect capacity building and advocacy activities.

       (10) Disability.--The term ``disability'' means a condition 
     of an individual that is considered to be a disability or 
     handicap for the purposes of any Federal law other than this 
     Act or for the purposes of the law of the State in which the 
     individual resides.
       (11) Individual with a disability; individuals with 
     disabilities.--
       (A) Individual with a disability.--The term ``individual 
     with a disability'' means any individual of any age, race, or 
     ethnicity--
       (i) who has a disability; and
       (ii) who is or would be enabled by an assistive technology 
     device or an assistive technology service to minimize 
     deterioration in functioning, to maintain a level of 
     functioning, or to achieve a greater level of functioning in 
     any major life activity.
       (B) Individuals with disabilities.--The term ``individuals 
     with disabilities'' means more than 1 individual with a 
     disability.
       (12) Institution of higher education.--The term 
     ``institution of higher education'' has the meaning given 
     such term in section 101(a) of the Higher Education Act of 
     1965 (20 U.S.C. 1001(a)), and includes a community college 
     receiving funding under the Tribally Controlled College or 
     University Assistance Act of 1978 (25 U.S.C. 1801 et seq.).
       (13) Protection and advocacy services.--The term 
     ``protection and advocacy services'' means services that--
       (A) are described in subtitle C of title I of the 
     Developmental Disabilities Assistance and Bill of Rights Act 
     of 2000 (42 U.S.C. 15041 et seq.), the Protection and 
     Advocacy for Individuals with Mental Illness Act (42 U.S.C. 
     10801 et seq.), or section 509 of the Rehabilitation Act of 
     1973 (29 U.S.C. 794e); and
       (B) assist individuals with disabilities with respect to 
     assistive technology devices and assistive technology 
     services.
       (14) Protection and advocacy system.--The term ``protection 
     and advocacy system'' means a protection and advocacy system 
     established under subtitle C of title I of the Developmental 
     Disabilities Assistance and Bill of Rights Act of 2000 (42 
     U.S.C. 15041 et seq.).
       (15) Secretary.--The term ``Secretary'' means the Secretary 
     of Education.
       (16) State.--
       (A) In general.--Except as provided in subparagraph (B), 
     the term ``State'' means each of the several States of the 
     United States, the District of Columbia, the Commonwealth of 
     Puerto Rico, the United States Virgin Islands, Guam, American 
     Samoa, and the Commonwealth of the Northern Mariana Islands.
       (B) Outlying areas.--In section 4(b):
       (i) Outlying area.--The term ``outlying area'' means the 
     United States Virgin Islands, Guam, American Samoa, and the 
     Commonwealth of the Northern Mariana Islands.
       (ii) State.--The term ``State'' does not include the United 
     States Virgin Islands, Guam, American Samoa, and the 
     Commonwealth of the Northern Mariana Islands.
       (17) State assistive technology program.--The term ``State 
     assistive technology program'', except as used in section 
     4(c)(2)(E), means a program authorized under section 4 or 
     6(a).
       (18) Targeted individuals and entities.--The term 
     ``targeted individuals and entities'' means--
       (A) individuals with disabilities of all ages and their 
     family members, guardians, advocates, and authorized 
     representatives;
       (B) underrepresented populations, including the aging 
     workforce;
       (C) individuals who work for public or private entities 
     (including centers for independent living described in part C 
     of title VII of the Rehabilitation Act of 1973 (29 U.S.C. 
     796f et seq.), insurers, or managed care providers) that have 
     contact with individuals with disabilities;
       (D) educators at all levels (including providers of early 
     intervention services, elementary schools, secondary schools, 
     community colleges, and vocational and other institutions of 
     higher education) and related services personnel;
       (E) technology experts (including web designers and 
     procurement officials);
       (F) health, allied health, and rehabilitation professionals 
     and hospital employees (including discharge planners);
       (G) employers, especially small business employers, and 
     providers of employment and training services;
       (H) entities that manufacture or sell assistive technology 
     devices;
       (I) policymakers and service providers;
       (J) entities that carry out community programs designed to 
     develop essential community services in rural and urban 
     areas, including AgrAbility projects, Rural Business-
     Cooperative Service programs, Community Development Financial 
     Institution Fund programs, and other rural and urban 
     programs; and
       (K) other appropriate individuals and entities, as 
     determined for a State by the State advisory council.
       (19) Technology-related assistance.--The term ``technology-
     related assistance'' means assistance provided through 
     capacity building and advocacy activities that accomplish the 
     purposes described in section 2(b)(2).
       (20) Underrepresented population.--The term 
     ``underrepresented population'' means a population that is 
     typically underrepresented in service provision, and includes 
     populations such as persons who have low-incidence 
     disabilities, persons who are minorities, poor persons, 
     persons with limited English proficiency, older individuals, 
     or persons from rural areas.
       (21) Universal design.--The term ``universal design'' means 
     a concept or philosophy for designing and delivering products 
     and services that are usable by people with the widest 
     possible range of functional capabilities, which include 
     products and services that are directly accessible (without 
     requiring assistive technologies) and products and services 
     that are interoperable with assistive technologies.

     SEC. 4. STATE GRANTS FOR ASSISTIVE TECHNOLOGY.

       (a) Grants to States.--
       (1) In general.--The Secretary shall award grants under 
     subsection (b) to States to support activities that increase 
     access to assistive technology and accessible information 
     technology and telecommunications, for individuals with 
     disabilities across the human lifespan and across the wide 
     array of disabilities, on a statewide basis.
       (2) Period of grant.--The Secretary shall provide 
     assistance through such a grant to a State for not more than 
     5 years.
       (b) Amount of Financial Assistance.--
       (1) In general.--From funds appropriated under section 
     10(a) for a fiscal year and available to carry out this 
     section, the Secretary shall award a grant to each eligible

[[Page 13876]]

     State and eligible outlying area based on the corresponding 
     allotment determined under paragraph (2).
       (2) Allotments.--
       (A) In general.--Except as provided in subparagraphs (B) 
     and (C), from the funds described in paragraph (1), the 
     Secretary shall allot not less than $500,000 to each State 
     and not less than $150,000 to each outlying area for each 
     fiscal year.
       (B) Lower appropriation year.--For a fiscal year for which 
     the amount of the funds described in paragraph (1) is less 
     than $29,000,000, from those funds, the Secretary--
       (i) shall allot to each State or outlying area the amount 
     the State or outlying area received for fiscal year 2004 to 
     carry out section 101 of the Assistive Technology Act of 
     1998, as in effect on the day before the date of enactment of 
     this Act; and
       (ii) from any funds remaining after the Secretary makes the 
     allotments described in clause (i), shall allot to each State 
     an equal amount.
       (C) Higher appropriation year.--For a fiscal year for which 
     the amount of the funds described in paragraph (1) is not 
     less than $29,000,000, from those funds, the Secretary--
       (i) from a portion of the funds equal to $29,000,000, shall 
     make the allotments described in clauses (i) and (ii) of 
     subparagraph (B);
       (ii) from any funds remaining after the Secretary makes the 
     allotments described in clause (i), shall allot to each 
     outlying area an additional amount, so that each outlying 
     area receives a total allotment of not less than $150,000 
     under this paragraph; and
       (iii) from any funds remaining after the Secretary makes 
     the allotments described in clauses (i) and (ii)--

       (I) shall allot to each State an amount that bears the same 
     relationship to 80 percent of the remainder as the population 
     of the State bears to the population of all States; and
       (II) from 20 percent of the remainder, shall allot to each 
     State an equal amount.

       (3) Carryover.--Any amount paid to a State program for a 
     fiscal year under this section shall remain available to such 
     program for obligation until the end of the next fiscal year 
     for the purposes for which such amount was originally 
     provided, except that program income generated from such 
     amount shall remain available to such program until expended.
       (c) Lead Agency, Implementing Entity, and Advisory 
     Council.--
       (1) Lead agency and implementing entity.--
       (A) Lead agency.--The Governor shall designate a lead 
     agency to control and administer the funds made available 
     through the grant awarded to the State under this section.
       (B) Implementing entity.--
       (i) In general.--The Governor shall designate an agency, 
     office, or other entity to carry out State activities under 
     this section (referred to in this section as the 
     ``implementing entity''), if such implementing entity is 
     different from the lead agency.
       (ii) Type of entity.--In designating the implementing 
     entity, the Governor may designate--

       (I) a commission, council, or other official body appointed 
     by the Governor;
       (II) a public-private partnership or consortium;
       (III) a public agency, including the immediate office of 
     the Governor, a State oversight office, a State agency, a 
     public institution of higher education, a University Center 
     for Excellence in Developmental Disabilities Education, 
     Research, and Service established under subtitle D of title I 
     of the Developmental Disabilities Assistance and Bill of 
     Rights Act of 2000 (42 U.S.C. 15061 et seq.), or another 
     public entity;
       (IV) a council established under Federal or State law;
       (V) an incorporated private nonprofit organization 
     described in section 501(c)(3) of the Internal Revenue Code 
     of 1986 and exempt from tax under section 501(a) of that 
     Code; or
       (VI) another appropriate agency, office, or entity.

       (iii) Expertise, experience, and ability.--In designating 
     the implementing entity, the Governor shall designate an 
     entity with expertise, experience, and ability with respect 
     to--

       (I) providing leadership in developing State initiatives 
     related to assistive technology and accessible information 
     technology and telecommunications;
       (II) responding to assistive technology and accessible 
     information technology and telecommunications needs of 
     individuals with disabilities with the full range of 
     disabilities and of all ages; and
       (III) promoting availability throughout the State of 
     assistive technology devices, assistive technology services, 
     and accessible information technology and telecommunications.

       (C) Change in agency or entity.--On obtaining the approval 
     of the Secretary, the Governor may redesignate the lead 
     agency, or the implementing entity, if the Governor shows to 
     the Secretary good cause why the entity designated as the 
     lead agency, or the implementing entity, respectively, should 
     not serve as that agency or entity, respectively. The 
     Governor shall make the showing in the application described 
     in subsection (d) or other documentation requested by the 
     Secretary.
       (2) Advisory council.--
       (A) In general.--There shall be established an advisory 
     council to provide consumer-responsive, consumer-driven 
     decisionmaking for, planning of, implementation of, and 
     evaluation of the activities carried out through the grant.
       (B) Composition and representation.--
       (i) Individuals with disabilities.--A majority, not less 
     than 51 percent, of the members of the advisory council shall 
     be individuals with disabilities that use assistive 
     technology, or family members or guardians of such 
     individuals.
       (ii) Composition.--The advisory council shall be composed 
     of--

       (I) a representative of the designated State agency, as 
     defined in section 7 of the Rehabilitation Act of 1973 (29 
     U.S.C. 705) and the State agency for individuals who are 
     blind (within the meaning of section 101 of that Act (29 
     U.S.C. 721)), if such agency is separate;
       (II) a representative of a State center for independent 
     living described in part C of title VII of the Rehabilitation 
     Act of 1973 (29 U.S.C. 796f et seq.);
       (III) a representative of the State workforce investment 
     board established under section 111 of the Workforce 
     Investment Act of 1998 (29 U.S.C. 2821);
       (IV) a representative of the State educational agency, as 
     defined in section 9101 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7801);
       (V) a representative of the State agency for the medicaid 
     program established under title XIX of the Social Security 
     Act (42 U.S.C. 1396 et seq.);
       (VI) the Director of the State assistive technology 
     program;
       (VII) representatives of other State agencies, public 
     agencies, and private organizations, as determined by the 
     State; and
       (VIII) individuals with disabilities, or parents, family 
     members, or guardians of individuals with disabilities, who 
     represent recipients of services from the entities identified 
     in subclauses (I) through (VII).

       (iii) Representation.--The advisory council shall be 
     geographically representative of the State and reflect the 
     diversity of the State with respect to race, ethnicity, types 
     of disabilities across the age span, and users of types of 
     services that an individual with a disability may receive.
       (C) Expenses.--The members of the advisory council shall 
     receive no compensation for their service on the advisory 
     council, but shall be reimbursed for reasonable and necessary 
     expenses actually incurred in the performance of official 
     duties for the advisory council.
       (D) Period.--The members of the State advisory council 
     shall be appointed not later than 90 days after the approval 
     of the State application described in subsection (d).
       (E) Impact on existing statutes, rules, or policies.--
     Nothing in this paragraph shall be construed to affect State 
     statutes, rules, or official policies relating to advisory 
     bodies for State assistive technology programs or require 
     changes to governing bodies of incorporated agencies who 
     carry out State assistive technology programs.
       (d) Application.--
       (1) In general.--Any State that desires to receive a grant 
     under this section shall submit an application to the 
     Secretary, at such time, in such manner, and containing such 
     information as the Secretary may require.
       (2) Lead agency and implementing entity.--The application 
     shall contain information identifying and describing the lead 
     agency referred to in subsection (c)(1)(A). The application 
     shall contain information identifying and describing the 
     implementing entity referred to in subsection (c)(1)(B), 
     including information describing the expertise, experience, 
     and ability of the entity.
       (3) Advisory council.--The application shall contain an 
     assurance that an advisory council will be established in 
     accordance with subsection (c)(2).
       (4) Involvement of public and private entities.--The 
     application shall describe how various public and private 
     entities were involved in the development of the application 
     and will be involved in the implementation of the activities 
     to be carried out through the grant, including--
       (A) in cases determined to be appropriate by the State or 
     the State advisory council, a description of the nature and 
     extent of resources that will be committed by public and 
     private collaborators to assist in accomplishing identified 
     goals; and
       (B) a description of the mechanisms established to ensure 
     coordination of activities and collaboration between the 
     implementing entity and a State or entity that receives a 
     grant under section 6(a).
       (5) Implementation.--The application shall include a 
     description of--
       (A) how the State will implement each of the required 
     activities described in subsection (e), except as provided in 
     subparagraph (A) or (B) of subsection (e)(1); and
       (B) how the State will allocate and utilize grant funds to 
     implement the activities.
       (6) Assurances.--The application shall include assurances 
     that--
       (A) the State will annually collect data related to the 
     required activities in order to prepare the progress reports 
     required under subsection (f);

[[Page 13877]]

       (B) funds received through the grant--
       (i) will be expended in accordance with this section, on 
     initiatives identified by the advisory council described in 
     subsection (c)(2);
       (ii) will be used to supplement, and not supplant, funds 
     available from other sources for technology-related 
     assistance, including the provision of assistive technology 
     devices and assistive technology services;
       (iii) will not be used to pay a financial obligation for 
     technology-related assistance (including the provision of 
     assistive technology devices or assistive technology 
     services) that would have been paid with funds from other 
     sources if funds had not been available through the grant; 
     and
       (iv) will not be commingled with State or other funds, 
     except that the State may, subject to such documentation 
     requirements as the Secretary may establish, pool funds 
     received through the grant with other public or private funds 
     to achieve a goal specified in an application approved under 
     this section;
       (C) the lead agency will control and administer the funds 
     received through the grant;
       (D) the State will adopt such fiscal control and accounting 
     procedures as may be necessary to ensure proper disbursement 
     of and accounting for the funds received through the grant; 
     and
       (E) the State (including the State lead agency) will not 
     use more than 10 percent of the funds received through the 
     grant for indirect costs.
       (e) Use of Funds.--
       (1) In general.--Any State that receives a grant under this 
     section shall use the funds made available through the grant 
     to carry out the activities described in paragraph (2), 
     except that the State shall not be required to carry out an 
     activity if--
       (A) another entity in the State is providing the same or a 
     similar activity; or
       (B) the advisory council described in subsection (c)(2) 
     determines through a needs assessment that the residents of 
     the State consider the activity to be unwarranted.
       (2) Required activities.--
       (A) State financing systems.--The State shall support 
     activities to increase access to, and funding for, assistive 
     technology devices and assistive technology services (which 
     shall not include direct payment for such a device or service 
     for an individual with a disability but may include support 
     and administration of a program to provide such payment), 
     including development of systems to provide and pay for such 
     devices and services, for targeted individuals described in 
     section 3(18)(A), such as--
       (i) support for the development of systems for the 
     purchase, lease, or other acquisition of, or payment for, 
     assistive technology devices and assistive technology 
     services; or
       (ii) support for the development of State-financed or 
     privately financed alternative financing systems of subsidies 
     (which may include studying the feasibility of, improving, 
     administering, operating, providing capital for, or 
     collaborating with an entity with respect to, such a system) 
     for the provision of assistive technology devices (including 
     related accessible information technology and 
     telecommunications) and assistive technology services, such 
     as--

       (I) a low-interest loan fund;
       (II) an interest buy-down program;
       (III) a revolving loan fund;
       (IV) a loan guarantee or insurance program;
       (V) a program providing for the purchase, lease, or other 
     acquisition of assistive technology devices or assistive 
     technology services; or
       (VI) another mechanism that is approved by the Secretary.

       (B) Device demonstrations.--
       (i) In general.--The State shall directly, or in 
     collaboration with public and private entities, such as one-
     stop partners, as defined in section 101 of the Workforce 
     Investment Act of 1998 (29 U.S.C. 2801), demonstrate, assist 
     individuals in making informed choices regarding, and provide 
     experiences with, a variety of assistive technology devices 
     and assistive technology services, using personnel who are 
     familiar with such devices and services and their 
     applications.
       (ii) Comprehensive information.--The State shall directly, 
     or through referrals, provide to individuals, to the extent 
     practicable, comprehensive information about State and local 
     assistive technology venders, providers, and repair services.
       (C) Device loan programs.--The State shall directly, or in 
     collaboration with public or private entities, carry out 
     device loan programs that provide short-term loans of 
     assistive technology devices to individuals, employers, 
     public agencies, or others seeking to meet the needs of 
     individuals with disabilities.
       (D) Device re-utilization programs.--The State shall 
     directly, or in collaboration with public or private 
     entities, carry out assistive technology device re-
     utilization programs that provide for the exchange, repair, 
     recycling, or other re-utilization of assistive technology 
     devices, which may include redistribution through device 
     sales, loans, rentals, or donations.
       (E) Training and technical assistance.--
       (i) In general.--The State shall directly, or provide 
     support to public or private entities with demonstrated 
     expertise in collaborating with public or private agencies 
     that serve individuals with disabilities to develop and 
     disseminate training materials, conduct training, and provide 
     technical assistance, for individuals from local settings 
     statewide, including representatives of State and local 
     educational agencies, other State and local agencies, early 
     intervention programs, adult service programs, hospitals and 
     other health care facilities, institutions of higher 
     education, and businesses.
       (ii) Authorized activities.--In carrying out activities 
     under clause (i), the State shall carry out activities that 
     enhance the knowledge, skills, and competencies of 
     individuals from local settings described in clause (i), 
     which may include--

       (I) general awareness training on the benefits of assistive 
     technology and the Federal, State, and private funding 
     sources available to assist targeted individuals and entities 
     in acquiring assistive technology;
       (II) skills-development training in assessing the need for 
     assistive technology devices and assistive technology 
     services;
       (III) training to ensure the appropriate application and 
     use of assistive technology devices, assistive technology 
     services, accessible information technology and 
     telecommunications, and accessible technology for e-
     government functions;
       (IV) training in the importance of culturally competent and 
     linguistically appropriate approaches to assessment and 
     implementation; and
       (V) technical training on integrating assistive technology 
     into the development and implementation of service plans, 
     including any education, health, discharge, Olmstead, 
     employment, or other plan required under Federal or State 
     law.

       (F) Public awareness.--
       (i) In general.--The State shall conduct public-awareness 
     activities designed to provide information to targeted 
     individuals and entities relating to the availability and 
     benefits of assistive technology devices and assistive 
     technology services.
       (ii) Collaboration.--The State shall collaborate with a 
     training and technical assistance provider described in 
     section 7(b)(1) to carry out public awareness activities 
     focusing on infants, toddlers, children, transition-age 
     youth, employment-age adults, seniors, and employers.
       (iii) Statewide information and referral system.--

       (I) In general.--The State shall directly, or in 
     collaboration with public or private (such as nonprofit) 
     entities, provide for the continuation and enhancement of a 
     statewide information and referral system designed to meet 
     the needs of targeted individuals and entities.
       (II) Content.--The system shall deliver information on--

       (aa) assistive technology devices and accessible 
     information technology and telecommunications products;
       (bb) assistive technology services, with specific data 
     regarding provider availability within the State; and
       (cc) the availability of resources, including funding 
     through public and private sources, to obtain assistive 
     technology devices, accessible information technology and 
     telecommunications products, and assistive technology 
     services.
       (G) Interagency coordination and collaboration.--The State 
     shall promote improved coordination of activities and 
     collaboration among public and private entities that are 
     responsible for policies, procedures, or funding for the 
     provision of assistive technology devices and assistive 
     technology services to individuals with disabilities, service 
     providers, and others.
       (H) Targeted population activity.--
       (i) In general.--The State shall directly, or in 
     collaboration with public or private entities, carry out 
     coordinated activities to improve access to assistive 
     technology devices and assistive technology services for 1 
     State-chosen targeted population, consisting of--

       (I) elementary and secondary school students, elementary 
     and secondary education providers, and related personnel;
       (II) adult service provider clients, adult service 
     providers, and related personnel; or
       (III) employees, employment providers, and related 
     personnel.

       (ii) Required activities.--In carrying out activities under 
     clause (i), the State shall carry out targeted initiatives 
     consisting of 2 or more of the required activities described 
     in subparagraphs (A) through (F), including--

       (I) public-awareness activities described in subparagraph 
     (F); and
       (II) training and technical assistance described in 
     subparagraph (E) which shall include technical training 
     described in subparagraph (E)(v).

       (iii) Optional activities.--In carrying out activities 
     under clause (i), the State may carry out State-identified 
     improvement projects, which may include activities to--

       (I) improve the timely acquisition or retention and 
     utilization of appropriate assistive technology for students 
     in transition;
       (II) increase utilization of technology solutions to 
     enhance community integration and aging in place; and
       (III) increase integration of assistive technology and 
     accessible information technology and telecommunications into 
     the

[[Page 13878]]

     services provided at one-stop centers established under 
     subtitle B of title I of the Workforce Investment Act of 1998 
     (29 U.S.C. 2831 et seq.).

       (3) Conditions.--
       (A) Covered state.--In this paragraph, a ``covered State'' 
     means a State that received funds for an alternative 
     financing mechanism under--
       (i) title III of the Assistive Technology Act of 1998, as 
     in effect on the day before the date of enactment of this 
     Act; and
       (ii) a grant awarded under this section, to carry out 
     activities described in paragraph (2)(A).
       (B) Requirements.--Each covered State shall meet the 
     requirements of subparagraphs (B) and (C) of section 6(a)(5), 
     except that references in those subparagraphs to a grant 
     shall be considered to be references to the grant described 
     in subparagraph (A)(ii).
       (4) State funds.--A State may use State funds to carry out 
     activities described in paragraph (2)(A) for additional 
     targeted individuals and entities (other than individuals and 
     entities described in section 3(18)(A)) if the State advisory 
     council described in subsection (c)(2) approves the 
     additional targeted individuals and entities.
       (f) Progress Reports.--
       (1) Data collection.--States shall participate in data 
     collection as required by law, including data collection 
     required for preparation of the report described in paragraph 
     (2).
       (2) Reports.--
       (A) In general.--Not later than December 31 of each year, 
     the Secretary shall prepare and submit to the President and 
     to Congress a report on the activities funded under this Act.
       (B) Contents.--The report shall include data collected 
     pursuant to this section and section 6(a)(7). The report 
     shall document, with respect to activities carried out under 
     this section and section 6(a)--
       (i) the number and dollar amount of financial loans made;
       (ii) the number and type of assistive technology device 
     demonstrations provided;
       (iii) the number and type of assistive technology devices 
     loaned through device loan programs;
       (iv) the number and estimated value of assistive technology 
     devices exchanged, repaired, recycled, or re-utilized 
     (including redistributed through device sales, loans, 
     rentals, or donations) through device re-utilization 
     programs;
       (v)(I) the number and general characteristics of 
     individuals who participated in training (such as individuals 
     with disabilities, parents, educators, employers, providers 
     of employment services, health care workers, counselors, 
     other service providers, or vendors) and the topics of such 
     training; and
       (II) to the extent practicable, the geographic distribution 
     of individuals who participate in training or technical 
     assistance activities;
       (vi) the amount and nature of technical assistance provided 
     to State and local agencies and other entities;
       (vii) the number of individuals assisted through the 
     public-awareness activities and statewide information and 
     reference system;
       (viii) the outcomes of any improvement initiatives carried 
     out by the State as a result of activities funded under this 
     section, including a description of any written policies, 
     practices, and procedures that the State has developed and 
     implemented regarding access to, provision of, and funding 
     for, assistive technology devices, accessible information 
     technology and telecommunications, and assistive technology 
     services, in the contexts of education, health care, 
     employment, community living, and information technology and 
     telecommunications, including e-government;
       (ix) the outcomes of interagency coordination and 
     collaboration activities carried out by the State that 
     support access to assistive technology, including 
     documenting--

       (I) the type of, purpose for, and source of leveraged 
     funding or other contributed resources from public and 
     private entities, and the number of individuals served with 
     those resources for which information is not reported under 
     clauses (i) through (viii) or clause (x), and other outcomes 
     accomplished as a result of such activities carried out with 
     those resources; and
       (II) the type of, purpose for, and amount of funding 
     provided through subcontracts or other collaborative 
     resource-sharing agreements with public and private entities, 
     including community-based nonprofit organizations, and the 
     number of individuals served through those agreements for 
     which information is not reported under clauses (i) through 
     (viii) or clause (x), and other outcomes accomplished as a 
     result of such activities carried out through those 
     agreements;

       (x) measured outcomes of activities undertaken to improve 
     access to assistive technology devices and assistive 
     technology services for targeted populations; and
       (xi) the level of customer satisfaction with, or the 
     outcomes of, the services provided.

     SEC. 5. STATE GRANTS FOR PROTECTION AND ADVOCACY SERVICES 
                   RELATED TO ASSISTIVE TECHNOLOGY.

       (a) Grants.--
       (1) In general.--The Secretary shall make grants under 
     subsection (b) to protection and advocacy systems in each 
     State for the purpose of enabling such systems to assist in 
     the acquisition, utilization, or maintenance of assistive 
     technology devices or assistive technology services for 
     individuals with disabilities.
       (2) General authorities.--In providing such services, 
     protection and advocacy systems shall have the same general 
     authorities as the systems are afforded under subtitle C of 
     title I of the Developmental Disabilities Assistance and Bill 
     of Rights Act of 2000 (42 U.S.C. 15041 et seq.), as 
     determined by the Secretary.
       (b) Grants.--
       (1) Reservation.--For each fiscal year, the Secretary shall 
     reserve such sums as may be necessary to carry out paragraph 
     (4).
       (2) Population basis.--On October 1 of each year, from the 
     funds appropriated under section 10(b) and remaining after 
     the reservations required by paragraph (1) have been made, 
     the Secretary shall make a grant to a protection and advocacy 
     system within each State in an amount bearing the same ratio 
     to the remaining funds as the population of the State bears 
     to the population of all States.
       (3) Minimums.--Subject to the availability of 
     appropriations, the amount of a grant to a protection and 
     advocacy system under paragraph (2) for a fiscal year shall--
       (A) in the case of a protection and advocacy system located 
     in American Samoa, Guam, the United States Virgin Islands, or 
     the Commonwealth of the Northern Mariana Islands, not be less 
     than $30,000; and
       (B) in the case of a protection and advocacy system located 
     in a State not described in subparagraph (A), not be less 
     than $50,000.
       (4) Payment to the system serving the american indian 
     consortium.--
       (A) In general.--The Secretary shall make grants to the 
     protection and advocacy system serving the American Indian 
     Consortium to provide services in accordance with this 
     section.
       (B) Amount of grants.--The amount of such grants shall be 
     the same as provided under paragraph (3)(A), as increased 
     under paragraph (5).
       (5) Minimum grant increase.--For each fiscal year for which 
     the total amount appropriated under section 10(b) is 
     $4,419,000 or more, and such appropriated amount exceeds the 
     total amount appropriated under such section (or a 
     predecessor authority) for the preceding fiscal year, the 
     Secretary shall increase each of the minimum grant amounts 
     described in subparagraphs (A) and (B) of paragraph (3) by a 
     percentage equal to the percentage increase (if any) in the 
     total amount appropriated under section 10(b) (or a 
     predecessor authority) to carry out this section between the 
     preceding fiscal year and the fiscal year involved.
       (c) Direct Payment.--Notwithstanding any other provision of 
     law, the Secretary shall pay directly to any protection and 
     advocacy system that complies with this section, the total 
     amount of the grant made for such system under this section, 
     unless the system provides otherwise for payment of the grant 
     amount.
       (d) Certain States.--
       (1) Grant to lead agency.--Notwithstanding any other 
     provision of this section, with respect to a State that, on 
     November 12, 1998, was described in section 102(f)(1) of the 
     Technology-Related Assistance for Individuals With 
     Disabilities Act of 1988, the Secretary shall pay the amount 
     of the grant described in subsection (a), and made under 
     subsection (b), to the lead agency designated under section 
     4(c)(1) for the State.
       (2) Distribution of funds.--A lead agency to which a grant 
     is awarded under paragraph (1) shall determine the manner in 
     which funds made available through the grant will be 
     allocated among the entities that were providing protection 
     and advocacy services in that State on the date described in 
     such paragraph, and shall distribute funds to such entities. 
     In distributing such funds, the lead agency shall not 
     establish any additional eligibility or procedural 
     requirements for an entity in the State that supports 
     protection and advocacy services through a protection and 
     advocacy system. Such an entity shall comply with the same 
     requirements (including reporting and enforcement 
     requirements) as any other entity that receives funding under 
     this section.
       (3) Application of provisions.--Except as provided in this 
     subsection, the provisions of this section shall apply to the 
     grant in the same manner, and to the same extent, as the 
     provisions apply to a grant to a system.
       (e) Carryover.--Any amount paid to a protection and 
     advocacy system for a fiscal year under this section shall 
     remain available to such system for obligation until the end 
     of the next fiscal year for the purposes for which such 
     amount was originally provided, except that program income 
     generated from such amount shall remain available to such 
     system until expended.
       (f) Annual Report.--Each protection and advocacy system 
     that receives a payment under this section shall submit an 
     annual report to the Secretary concerning the services 
     provided and outcomes of services provided under this section 
     to individuals with disabilities for the purposes of 
     assisting in the acquisition, utilization, or maintenance of 
     assistive technology devices or assistive technology 
     services.

[[Page 13879]]



     SEC. 6. SUPPLEMENTARY GRANTS AND PROJECTS OF NATIONAL 
                   SIGNIFICANCE.

       (a) Supplementary Grants.--
       (1)  grants.--
       (A) In general.--The Secretary shall award supplementary 
     grants, on a competitive basis, to States or other entities 
     to carry out 1 or more of the activities described in 
     paragraph (6), either directly or through subgrants to or 
     other collaborative mechanisms with public or private 
     entities, to allow individuals with disabilities and their 
     family members, guardians, advocates, and authorized 
     representatives to purchase or have increased access to 
     assistive technology devices and assistive technology 
     services. The Secretary shall award such a grant to not more 
     than 1 entity in each State.
       (B) Period of grants.--The Secretary shall award grants 
     under this subsection for periods of 12 months.
       (2) Eligibility.--To be eligible to receive a grant under 
     this subsection, a State shall have received a grant under 
     section 4 or under section 101 of the Assistive Technology 
     Act of 1998, as in effect on the day before the date of 
     enactment of this Act.
       (3) Applications.--A State or entity that desires to 
     receive a grant under this subsection shall submit an 
     application to the Secretary at such time, in such manner, 
     and containing such information as the Secretary may require, 
     including the following:
       (A)(i) A description of--
       (I) the goals the State or entity has identified for the 
     supplementary grant; and
       (II) the activities the State or entity will carry out to 
     achieve such goals, in accordance with the requirements of 
     paragraphs (5) and (6).
       (ii) A description of how the State or entity will measure 
     whether the goals identified by the State or entity have been 
     achieved by the end of the grant period.
       (B) A description of the proposed use of funds to meet the 
     identified goals.
       (C) If the application is submitted by an entity other than 
     the implementing entity for the State assistive technology 
     program, a description of the mechanisms established to 
     ensure coordination of activities and collaboration with the 
     implementing entity.
       (D) In the case of an application for a grant for an 
     alternative financing loan program described in paragraph 
     (6)(A), information identifying and describing--
       (i) a consumer-based organization that has individuals with 
     disabilities involved in organizational decisionmaking at all 
     organizational levels, that will administer the alternative 
     financing loan program; and
       (ii) a commercial lending institution, State financing 
     agency, or other qualified entity who will facilitate 
     implementation of the program.
       (E) A description of resources that have been committed for 
     the activities to be carried out under the grant and 
     assurances that--
       (i) the State or entity will provide any required non-
     Federal contributions toward the cost of the activities;
       (ii) the State or entity will make every effort to continue 
     the activities on a permanent basis;
       (iii) the funds made available through the grant to support 
     the activities will supplement and not supplant other funds 
     available to provide such activities;
       (iv) in the case of a grant for an alternative financing 
     loan program described in paragraph (6)(A)--

       (I) all funds that support the alternative financing loan 
     program, including the grant funds, funds provided for the 
     non-Federal contributions described in clause (i), funds 
     repaid during the life of the program, and any interest or 
     investment income resulting from the program, will be placed 
     in a permanent separate account and identified and accounted 
     for separately from any other funds;
       (II) such account will be--

       (aa) used only to support the alternative financing 
     program;
       (bb) administered by an organization that has individuals 
     with disabilities involved in organizational decisionmaking 
     at all organizational levels; and
       (cc) administered with the same judgment and care that a 
     person of prudence, discretion, and intelligence would 
     exercise in the management of the financial affairs of such 
     person; and

       (III) if the funds in the account are invested, the funds 
     will be invested in low-risk securities in which a regulated 
     insurance company may invest under the law of the State.

       (4) Preferences.--
       (A) Experience.--In awarding grants under this subsection 
     for activities described in subparagraph (A) or (B) of 
     paragraph (6), the Secretary shall give preference to a State 
     entity or other entity that--
       (i) has experience carrying out similar activities; or
       (ii) received a grant under title III of the Assistive 
     Technology Act of 1998, as in effect on the day before the 
     date of enactment of this Act, or a predecessor authority.
       (B) No prior grant or low grant total.--In awarding grants 
     under this subsection for activities described in paragraph 
     (6)(A), the Secretary may give preference to a State, or an 
     entity in a State, where the State has not received a grant, 
     or has received less than a total of $1,000,000 in grant 
     awards, under title III of the Assistive Technology Act of 
     1998, as in effect on the day before the date of enactment of 
     this Act. In awarding grants under this subsection for 
     activities described in paragraph (6)(B), the Secretary may 
     give preference to a State, or an entity in a State, where 
     the State has not operated a device loan program for 
     assistive technology or assistive technology devices.
       (C) Limitations.--A State, or an entity in a State, where 
     the State has not received an alternative financing grant 
     described in subparagraph (B) may not receive an initial 
     grant under this subsection for activities described in 
     paragraph (6)(A) in an amount greater than $1,000,000. A 
     State, or an entity in a State, where the State has not 
     operated a device loan program described in subparagraph (B) 
     may not receive an initial grant under this subsection for 
     activities described in paragraph (6)(B) in an amount greater 
     than $1,000,000.
       (5) Conditions on supplementary grants.--
       (A) Payments to states or other entities.--Subject to the 
     conditions specified in this subsection, the Secretary shall 
     make payments to the States or entities that are selected to 
     receive supplementary grants awarded under this subsection.
       (B) Obligation and expenditure.--A State or entity that 
     receives a grant under this subsection shall obligate and 
     expend the funds made available through the grant during the 
     period of the grant.
       (C) Matching requirement.--With respect to the cost to be 
     incurred by a State or entity that receives a grant under 
     this subsection to carry out activities described in 
     paragraph (6), a State or entity that receives such a grant 
     in an amount of more than $500,000 shall make available non-
     Federal contributions in an amount not less than $1 for every 
     $5 of Federal funds provided under the grant.
       (D) Indirect costs.--No State or entity shall use more than 
     10 percent of the funds made available through a grant 
     awarded under this subsection for indirect costs.
       (6) Activities.--The State or entity may use funds made 
     available through a grant awarded under this subsection to 
     carry out 1 or more of the following activities:
       (A) Alternative financing loan programs capital infusion 
     grants.--The establishment or expansion, and administration, 
     of an alternative financing loan program to allow targeted 
     individuals and entities described in section 3(18)(A) to 
     purchase assistive technology devices and assistive 
     technology services, accessible information technology and 
     telecommunications, and related goods and services required 
     for the independence and productivity of an individual with a 
     disability. The program may include--
       (i) a low-interest loan fund program;
       (ii) an interest buy-down program;
       (iii) a revolving loan fund program;
       (iv) a loan guarantee or insurance program; or
       (v) a program based on another financing mechanism that is 
     approved by the Secretary.
       (B) Device loan programs capital infusion grants.--The 
     expansion and administration of device loan programs to meet 
     unique or comprehensive State needs, such as the expansion 
     and administration of the programs through--
       (i) joint funding agreements between the implementing 
     entity for the State assistive technology program and 
     educational agencies, vocational rehabilitation agencies, 
     entities providing medical assistance, or other public or 
     private entities who pay for assistive technology devices; or
       (ii) a specialized State-specific funding stream or pool 
     for the purchase of assistive technology to be loaned.
       (C) State funds.--A State may use State funds to carry out 
     activities described in subparagraph (A) for additional 
     targeted individuals and entities (other than individuals and 
     entities described in section 3(18)(A)) if the State advisory 
     council described in section 4(c)(2) and the consumer-based 
     organization described in paragraph (3)(D) approve the 
     additional targeted individuals and entities.
       (7) Progress reports.--
       (A)  in general.--Each State or entity that receives a 
     grant under this subsection shall prepare and submit to the 
     Secretary a status report not later than 7 months after the 
     date on which the State or entity receives the grant and a 
     final report not later than 18 months after the date on which 
     the State or entity receives the grant. Each report shall 
     document the progress of the State or entity in meeting the 
     goals described in paragraph (3)(A)(i)(I).
       (B) Alternative financing loan program data required.--A 
     State or entity that receives a grant for an alternative 
     financing loan program described in paragraph (6)(A) shall 
     include in each report loan data with respect to the program 
     for the period of the grant award, including--
       (i) the number and dollar amount of loans made under that 
     paragraph for--

       (I) loan applications received;
       (II) loan applications approved; and
       (III) loan applications not approved;

       (ii) the default rate of the loans;
       (iii) the range of interest rates and average interest rate 
     for the loans;

[[Page 13880]]

       (iv) the range of income and average income of approved 
     loan applicants for the loans;
       (v) the types and dollar amounts of assistive technology 
     financed through the loans; and
       (vi) the outcomes of the loan program, including 
     information relevant to the benefits to individuals utilizing 
     the program.
       (C) Device loan programs data required.--A State that 
     receives a grant for an device loan program described in 
     paragraph (6)(B) shall include in each report loan data with 
     respect to the program for the period of the grant award, 
     including--
       (i) the number and type of assistive technology devices 
     loaned under that paragraph;
       (ii) the general characteristics of borrowers (such as 
     individuals with disabilities, parents, educators, employers, 
     providers of employment services, health care workers, 
     counselors, other service providers, or venders);
       (iii) the purposes for which the loans were made; and
       (iv) the outcomes of the loans, including information 
     relevant to the benefits to individuals utilizing the 
     program.
       (8) Construction.--Nothing in this subsection shall be 
     construed as affecting the authority of a State to establish 
     an alternative financing system under section 4.
       (b) Projects of National Significance.--
       (1) Competitive grant for development of a national public-
     awareness toolkit.--
       (A) Purpose.--The purpose of this paragraph is to support 
     the development of a national public-awareness toolkit for 
     dissemination to State assistive technology programs, in 
     order to expand public-awareness efforts to reach targeted 
     individuals and entities, as defined in subparagraphs (A), 
     (B), (D), (F), (G), and (I) of section 3(18).
       (B) Competitive technical assistance grant authorized.--The 
     Secretary may award a grant on a competitive basis to an 
     eligible partnership, to enable the partnership to carry out 
     the activities described in subparagraph (A).
       (C) Eligible partnership.--To be eligible to receive the 
     grant, the partnership--
       (i) shall consist of--

       (I) an implementing entity for a State assistive technology 
     program or an organization or association that represents 
     implementing entities for State assistive technology 
     programs;
       (II) a private or public entity from the media industry;
       (III) a private entity from the assistive technology 
     industry; and
       (IV) a private employer or an organization or association 
     that represents private employers; and

       (ii) may include another entity determined by the Secretary 
     to be appropriate.
       (D) Applications.--To be eligible to receive a grant under 
     this paragraph, a partnership shall submit an application to 
     the Secretary at such time, in such manner, and containing 
     such information as the Secretary may require.
       (E) Use of funds.--A partnership that receives a grant 
     under this paragraph shall use the funds made available 
     through the grant to develop a national public-awareness 
     toolkit, which shall contain appropriate multimedia materials 
     to reach targeted individuals and entities, as defined in 
     subparagraphs (A), (B), (D), (F), (G), and (I) of section 
     3(18), for dissemination to State assistive technology 
     programs.
       (2) Research, development, and evaluation.--
       (A) Competitive research, development, and evaluation 
     grants authorized.--The Secretary may award grants to 
     eligible entities to carry out research, development, and 
     evaluation of assistive technology.
       (B) Eligible entities.--Entities eligible to receive a 
     grant under this paragraph shall include--
       (i) providers of assistive technology services and 
     assistive technology devices;
       (ii) public and private educational agencies serving 
     students in kindergarten, elementary school, or secondary 
     school;
       (iii) institutions of higher education, including 
     University Centers for Excellence in Developmental 
     Disabilities Education, Research, and Service authorized 
     under subtitle D of title I of the Developmental Disabilities 
     Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15061 et 
     seq.), or such institutions offering rehabilitation 
     engineering programs, computer science programs, or 
     information technology programs;
       (iv) manufacturers of assistive technology and accessible 
     information technology and telecommunications;
       (v) consumer organizations concerned with assistive 
     technology;
       (vi) professionals, organizations, and agencies, providing 
     services to individuals with disabilities; and
       (vii) professionals, individuals, and organizations, 
     providing employment services to individuals with 
     disabilities.
       (C) Priority activities.--In awarding such grants, the 
     Secretary shall give priority to funding projects that 
     address 1 or more of the following:
       (i) Developing standards for reliability and accessibility 
     of assistive technology, and standards for interoperability 
     (including open standards) of assistive technology with 
     information technology, telecommunications products, and 
     other assistive technology.
       (ii) Developing and implementing measurements and tools 
     that evaluate assistive technology for--

       (I) conformity with reliability, accessibility and 
     interoperability standards developed under clause (i);
       (II) usability by individuals with disabilities to meet 
     functional needs; or
       (III) other characteristics that support increased 
     functional performance of assistive technology.

       (iii) Developing assistive technology that benefits 
     individuals with disabilities or developing technologies or 
     practices that result in the adaptation, maintenance, 
     servicing, or improvement of assistive technology devices.
       (D) Input.--An entity that receives a grant under this 
     paragraph shall, in developing and implementing the project 
     carried out through the grant, coordinate activities with the 
     implementing entity for the State assistive technology 
     program (or a national organization that represents such 
     programs) and the State advisory council described in section 
     4(c)(2) (or a national organization that represents such 
     councils).
       (E) Report.--The entity shall prepare and submit a report 
     to the Secretary at such time, in such manner, and containing 
     such information as the Secretary may require.
       (3) Personnel preparation centers.--
       (A) Grants.--The Secretary shall award grants, on a 
     competitive basis, to public and private entities and 
     institutions of higher education, including University 
     Centers for Excellence in Developmental Disabilities 
     Education, Research, and Service established under subtitle D 
     of title I of the Developmental Disabilities Assistance and 
     Bill of Rights Act of 2000 (42 U.S.C. 15061 et seq.), to fund 
     the establishment or expansion of personnel preparation 
     centers.
       (B) Eligible entities.--To be eligible to receive a grant 
     under this paragraph, an entity shall have--
       (i) knowledge and skills to assess and evaluate the need 
     for assistive technology devices and assistive technology 
     services;
       (ii) knowledge and skills to assist consumers in the 
     selection and acquisition of the devices and services; and
       (iii) experience training professionals in school 
     districts, at early intervention service sites, and in adult 
     service provider settings, in geographically diverse areas 
     within the State.
       (C) Application.--
       (i) In general.--To be eligible to receive a grant under 
     this paragraph, an entity shall submit an application to the 
     Secretary at such time, in such manner, and containing such 
     information as the Secretary may require.
       (ii) Contents.--At a minimum, the application shall 
     include--

       (I) a description of the entity's knowledge and skills 
     regarding assistive technology assessment and evaluation;
       (II) a description of how the entity will collect training 
     outcome data;
       (III) a description of the manner in which the entity will 
     carry out financial and programmatic responsibilities, 
     including any shared responsibilities, in implementing the 
     activities carried out under the grant;
       (IV) a description of the relationship between the entity 
     and school personnel, early intervention service personnel, 
     and adult service provider personnel in the State; and
       (V) a description of an advisory committee designated or 
     established under subparagraph (E).

       (D) Use of funds.--An entity that receives a grant under 
     this paragraph shall use the funds made available through the 
     grant to carry out the activities described in subparagraph 
     (B).
       (E) Advisory committee.--
       (i) In general.--A council (which may be the advisory 
     council described in section 4(c)(2)) shall be designated to 
     serve as an advisory committee, or an advisory committee 
     shall be established, to make recommendations for the 
     training to be offered through the grant, the specific 
     populations to receive the training, and the reporting 
     requirements applicable to the entity under subparagraph (F).
       (ii) Composition.--At a minimum, such advisory committee 
     shall be composed of--

       (I) consumers of assistive technology services and 
     assistive technology devices;
       (II) providers of assistive technology services and 
     assistive technology devices;
       (III) the implementing entity for the State assistive 
     technology program; and
       (IV) entities (other than the entity described in clause 
     (i)) that receive grants under this paragraph.

       (F) Reporting requirements.--
       (i) In general.--An entity that receives a grant under this 
     paragraph shall submit to the Secretary an annual report 
     detailing outcomes achieved through activities carried out 
     under the grant at such time, in such manner, and containing 
     such information as the Secretary may require, after 
     receiving the recommendations of the advisory committee 
     described in subparagraph (E) for the entity.
       (ii) Contents.--At a minimum, the report shall include 
     information on--

[[Page 13881]]

       (I) the number and geographical distribution of teachers 
     (broken down into general education and special education 
     categories) and other school personnel who received training 
     under this paragraph in the school year covered by the 
     report;
       (II) the number and geographical distribution of early 
     intervention service personnel who received training under 
     this paragraph in the year covered by the report; and
       (III) the number and geographical distribution of adult 
     service provider personnel who received training under this 
     paragraph in the year covered by the report.

       (4) Period of grants.--The Secretary shall make grants 
     under this subsection for periods of 12 months.
       (5) Conditions on projects of national significance.--
       (A) Payments to partnerships and entities.--Subject to the 
     conditions specified in this paragraph, the Secretary shall 
     make payments to the partnerships and entities that are 
     selected to receive grants awarded under this subsection.
       (B) Obligation and expenditure.--A partnership or entity 
     that receives a grant under this subsection shall obligate 
     and expend the funds made available through the grant during 
     the period of the grant.
       (C) Matching requirement.--
       (i) In general.--With respect to the cost to be incurred by 
     a partnership or entity that receives a grant under this 
     subsection in carrying out the activities for which the grant 
     was awarded, a partnership or entity that receives a grant 
     under this subsection in an amount of more than $50,000 shall 
     make available non-Federal contributions in an amount not 
     less than $1 for every $3 of the portion of the grant amount 
     that exceeds $50,000.
       (ii) Non-federal contributions.--The partnership or entity 
     may make the non-Federal contributions available in cash or 
     in kind, fairly evaluated, including plant, equipment, or 
     services.

     SEC. 7. TRAINING, TECHNICAL ASSISTANCE, DATA-COLLECTION, 
                   REPORTING, AND INTERNET PROGRAMS.

       (a) In General.--In order to strengthen and support State 
     assistive technology programs, and protection and advocacy 
     systems authorized under section 5, the Secretary may award 1 
     or more grants, contracts, or cooperative agreements on a 
     competitive basis under subsections (b) and (c) to provide 
     training and technical assistance, and conduct data 
     collection and reporting, about and for the State assistive 
     technology programs and protection and advocacy systems.
       (b) Training and Technical Assistance; Data Collection and 
     Reporting.--
       (1) State projects training and technical assistance 
     efforts.--
       (A) In general.--The Secretary shall award grants, 
     contracts, and cooperative agreements to provide training and 
     technical assistance concerning State assistive technology 
     programs.
       (B) Eligible entities.--To be eligible to receive a grant, 
     contract, or cooperative agreement under this paragraph, an 
     entity shall have personnel with--
       (i) documented experience and expertise in administering 
     State assistive technology programs, including developing, 
     implementing, and administering the required and 
     discretionary activities described in sections 4 and 6(a); 
     and
       (ii) documented experience in and knowledge about banking, 
     finance, and microlending.
       (C) Application.--To be eligible to receive a grant, 
     contract, or cooperative agreement under this paragraph, an 
     entity shall submit an application to the Secretary at such 
     time, in such manner, and containing such information as the 
     Secretary may require.
       (D) Training and technical assistance efforts.--In awarding 
     the grant, contract, or cooperative agreement, the Secretary 
     shall ensure that the recipient conducts a training and 
     technical assistance program, taking into account the 
     required input and collaborations described in subparagraph 
     (E), through which the recipient--
       (i) addresses State-specific information requests 
     concerning assistive technology and accessible information 
     technology and telecommunications from implementing entities 
     for State assistive technology programs funded under this Act 
     and public and private entities not funded under this Act, 
     including--

       (I) requests for information on effective approaches to 
     developing, implementing, evaluating, and sustaining required 
     and discretionary activities identified in sections 4 and 
     6(a), and requests for assistance in developing corrective 
     action plans;
       (II) requests for examples of Federal, State, and local 
     policies, practices, procedures, regulations, interagency 
     agreements, administrative hearing decisions, or legal 
     actions that facilitate, and overcome barriers to, the 
     provision of funding for, and access to, assistive technology 
     devices, accessible information technology and 
     telecommunications, and assistive technology services for 
     individuals with disabilities; and
       (III) other requests for training and technical assistance 
     from State assistive technology programs funded under this 
     Act and public and private entities not funded under this 
     Act, and other assignments specified by the Secretary; and

       (ii) provides State-specific and national training and 
     technical assistance concerning assistive technology and 
     accessible information technology and telecommunications to 
     implementing entities for State assistive technology 
     programs, including financing systems, funded under section 
     4, other entities funded under this Act (with respect to the 
     required or discretionary activities that the entities carry 
     out under this Act and especially with respect to the 
     establishment or expansion, and administration (including 
     evaluation and sustenance), of alternative financing loan 
     programs under section 6(a)), and public and private entities 
     not funded under this Act, including--

       (I) annually providing a forum for exchanging information 
     and promoting program and policy improvements in required 
     activities of the State assistive technology programs;
       (II) facilitating on-site and electronic information 
     sharing using state-of-the-art Internet technologies such as 
     real-time online discussions, multipoint video conferencing, 
     and web-based audio/video broadcasts, on emerging topics that 
     affect State assistive technology programs and individuals 
     with assistive technology and accessible information 
     technology and telecommunications needs;
       (III) convening experts from State assistive technology 
     programs to discuss and make recommendations with regard to 
     national emerging issues of importance to individuals with 
     assistive technology and accessible information technology 
     and telecommunications needs;
       (IV) sharing best practice and evidence-based practices 
     among State assistive technology programs;
       (V) maintaining an accessible website that includes a link 
     to State assistive technology programs, Federal departments 
     and agencies, and associations and developing a national 
     toll-free number that links callers from a State with the 
     State assistive technology program in their State;
       (VI) developing or utilizing existing (as of the date of 
     the award involved) model cooperative volume-purchasing 
     mechanisms designed to reduce the financial costs of 
     purchasing assistive technology for required and 
     discretionary activities identified in sections 4 and 6(a), 
     and reducing duplication of activities among State assistive 
     technology programs; and
       (VII) providing access to experts in the areas of banking, 
     microlending, and finance, for implementing entities for 
     State assistive technology programs and other entities funded 
     under this Act to administer alternative financing loan 
     programs, through site visits, teleconferences, and other 
     means, to ensure access to information for entities that are 
     carrying out new programs or programs that are not making 
     progress in achieving the objectives of the programs.

       (E) Required input and collaboration.--In providing 
     training and technical assistance under this paragraph, a 
     recipient of a grant, contract, or cooperative agreement 
     under this paragraph shall meet the following requirements:
       (i) Input.--The recipient shall involve, in the planning 
     and identification of priority issues and needs, the 
     directors of State assistive technology programs and other 
     individuals the Secretary determines to be appropriate, 
     especially--

       (I) individuals with disabilities who use, and understand 
     the barriers to the acquisition of, assistive technology and 
     accessible information technology and telecommunications;
       (II) family members, guardians, advocates, and authorized 
     representatives of such individuals;
       (III) relevant employees from other Federal departments and 
     agencies;
       (IV) businesses; and
       (V) venders and public and private researchers and 
     developers.

       (ii) Collaboration.--The recipient shall collaborate, in 
     developing and implementing training and technical assistance 
     activities identified as priorities, with other 
     organizations, in particular--

       (I) national organizations representing State assistive 
     technology programs;
       (II) organizations representing State officials and 
     agencies engaged in the delivery of assistive technology and 
     accessible information technology and telecommunications;
       (III) the data-collection and reporting providers described 
     in paragraph (2); and
       (IV) other providers of national programs or programs of 
     national significance funded under this Act.

       (2) State projects data-collection and reporting program.--
       (A) In general.--The Secretary shall award grants, 
     contracts, and cooperative agreements to conduct data 
     collection and reporting concerning State assistive 
     technology programs.
       (B) Eligible entities.--To be eligible to receive a grant, 
     contract, or cooperative agreement under this paragraph, an 
     entity shall have personnel with--
       (i) documented experience and expertise in administering 
     State assistive technology programs;
       (ii) experience in collecting and analyzing data associated 
     with implementing required and discretionary activities;

[[Page 13882]]

       (iii) expertise necessary to identify additional data 
     elements needed to provide comprehensive reporting of State 
     activities and outcomes; and
       (iv) experience in utilizing data to provide annual reports 
     to State policymakers.
       (C) Application.--To be eligible to receive a grant, 
     contract, or cooperative agreement under this paragraph, an 
     eligible applicant shall submit an application to the 
     Secretary at such time, in such manner, and containing such 
     information as the Secretary may require.
       (D) Data-collection and reporting program.--In awarding the 
     grant, contract, or cooperative agreement, the Secretary 
     shall ensure that the recipient conducts a data-collection 
     and reporting program that enhances and improves the 
     operations and conduct of a State assistive technology 
     program. The Secretary shall ensure that the recipient 
     achieves that enhancement and improvement by using 
     quantitative and qualitative data elements, measuring the 
     outcomes of the required activities described in section 
     4(e), and measuring the accrued benefits of the activities to 
     individuals who need assistive technology and accessible 
     information technology and telecommunications.
       (E) Required data elements.--The core set of the data 
     elements shall, at a minimum, include data elements for--
       (i) the number and dollar amount of financial loans made;
       (ii) the number and type of assistive technology device 
     demonstrations provided;
       (iii) the number and type of assistive technology devices 
     loaned through device loan programs;
       (iv) the number and estimated value of assistive technology 
     devices exchanged, repaired, recycled, or re-utilized 
     (including redistributed through device sales, loans, 
     rentals, or donations) through device re-utilization 
     programs;
       (v)(I) the number and general characteristics of 
     individuals who participated in training (such as individuals 
     with disabilities, parents, educators, employers, providers 
     of employment services, health care workers, counselors, 
     other service providers, or vendors) and the topics of such 
     training; and
       (II) to the extent practicable, the geographic distribution 
     of individuals who participated in training or technical 
     assistance activities;
       (vi) the amount and nature of technical assistance provided 
     to State and local agencies and other entities;
       (vii) the number of individuals assisted through the 
     public-awareness activities and statewide information and 
     reference system;
       (viii) the outcomes of any improvement initiatives carried 
     out by the State as a result of activities funded under 
     section 4;
       (ix) the outcomes of interagency coordination and 
     collaboration activities carried out by the State that 
     support access to assistive technology;
       (x) measured outcomes of activities undertaken to improve 
     access to assistive technology devices and assistive 
     technology services for targeted populations;
       (xi) the outcomes of the services provided; and
       (xii) the level of customer satisfaction with, or the 
     outcomes of, the services provided.
       (F) Required input and collaboration.--In conducting data-
     collection and reporting activities under this paragraph, a 
     recipient of a grant, contract, or cooperative agreement 
     under this paragraph shall meet the following requirements:
       (i) Input.--The recipient shall actively involve, in the 
     development of the data-collection and reporting system, the 
     directors of State assistive technology programs and other 
     individuals the Secretary determines to be appropriate, 
     especially--

       (I) individuals with disabilities who use, and understand 
     the barriers to the acquisition of, assistive technology and 
     accessible information technology and telecommunications;
       (II) family members, guardians, advocates, and authorized 
     representatives of such individuals;
       (III) relevant employees from other Federal departments and 
     agencies;
       (IV) businesses; and
       (V) venders and public and private researchers and 
     developers.

       (ii) Collaboration.--The recipient shall actively 
     collaborate, in developing and implementing the system, with 
     other organizations, in particular--

       (I) national organizations representing State assistive 
     technology programs;
       (II) the training and technical assistance providers 
     described in paragraph (1); and
       (III) entities carrying out projects of national 
     significance funded under section 6(b), as appropriate.

       (3) State protection and advocacy services training and 
     technical assistance efforts.--
       (A) General authority.--The Secretary shall award grants, 
     contracts, and cooperative agreements to provide training and 
     technical assistance concerning protection and advocacy 
     services.
       (B) Eligible entities.--To be eligible to receive a grant, 
     contract, or cooperative agreement under this paragraph to 
     provide training and technical assistance, an entity shall 
     have personnel with documented experience related to 
     protection and advocacy services.
       (C) Application.--To be eligible to receive a grant, 
     contract, or cooperative agreement under this paragraph, an 
     eligible applicant shall submit an application to the 
     Secretary at such time, in such manner, and containing such 
     information as the Secretary may require.
       (D) Training and technical assistance efforts.--
       (i) Technical assistance efforts.--In awarding the grant, 
     contract, or cooperative agreement, the Secretary shall 
     ensure that the recipient conducts a technical assistance 
     program through which the recipient--

       (I) provides advocacy-related and management-related 
     technical assistance;
       (II) prepares publications, in numerous formats, on the 
     funding of assistive technology through a variety of funding 
     sources;
       (III) makes available, through in-house resource libraries, 
     documents related to the funding of assistive technology;
       (IV) maintains a project website containing information 
     concerning the funding of assistive technology, and 
     containing publications and links to other web-based 
     resources to support assistive technology advocacy efforts; 
     and
       (V) maintains a national assistive technology list serve.

       (ii) Training efforts.--In awarding the grant, contract, or 
     cooperative agreement, the Secretary shall ensure that the 
     recipient conducts a training program through which the 
     recipient--

       (I) provides advocacy-related training through annual 
     statewide or regional conferences and distance-training 
     events; and
       (II) provides management-related training at annual 
     training events, assisting protection and advocacy managers 
     and fiscal officers to meet grant obligations.

       (iii) Data collection and reporting.--The recipient shall 
     prepare and submit to the Secretary a report containing 
     information on the activities carried out under this 
     paragraph, including information on the following:

       (I) Non-case services.
       (II) Case services.
       (III) Statistical information for individuals served.
       (IV) Systemic activities and litigation.
       (V) Priorities and objectives.
       (VI) Agency administration.

       (c) National Information Internet System.--
       (1) In general.--In order to provide information nationally 
     on the availability of assistive technology, the Secretary 
     may award 1 grant, contract, or cooperative agreement on a 
     competitive basis to maintain, renovate, and update the 
     National Public Internet Site established under section 
     104(c)(1) of the Assistive Technology Act of 1998 (29 U.S.C. 
     3014(c)(1)), as in effect on the date of enactment of this 
     Act.
       (2) Eligible entity.--To be eligible to receive a grant, 
     contract, or cooperative agreement under paragraph (1), an 
     entity shall be a nonprofit organization, for-profit 
     organization, or institution of higher education, that--
       (A) emphasizes research and engineering;
       (B) has a multidisciplinary research center; and
       (C) has demonstrated expertise in--
       (i) working with assistive technology, accessible 
     information technology and telecommunications, and 
     intelligent agent interactive information dissemination 
     systems;
       (ii) managing libraries of assistive technology, accessible 
     information technology and telecommunications, and 
     disability-related resources;
       (iii) delivering to individuals with disabilities 
     education, information, and referral services, including 
     technology-based curriculum-development services for adults 
     with low-level reading skills;
       (iv) developing cooperative partnerships with the private 
     sector, particularly with private-sector computer software, 
     hardware, and Internet services entities; and
       (v) developing and designing advanced Internet sites.
       (3) Application.--To be eligible to receive a grant, 
     contract, or cooperative agreement under this section, an 
     eligible applicant shall submit an application to the 
     Secretary at such time, in such manner, and containing such 
     information as the Secretary may require.
       (4) National public internet site.--
       (A) Features of internet site.--The National Public 
     Internet Site shall contain the following features:
       (i) Availability of information at any time.--The site 
     shall be designed so that any member of the public may obtain 
     information posted on the site at any time.
       (ii) Innovative automated intelligent agent.--The site 
     shall be constructed with an innovative automated intelligent 
     agent that is a diagnostic tool for assisting users in 
     problem definition and the selection of appropriate assistive 
     technology devices and assistive technology services 
     resources and accessible information technology and 
     telecommunications.
       (iii) Resources.--

       (I) Library on assistive technology.--The site shall 
     include access to a comprehensive working library on 
     assistive technology

[[Page 13883]]

     and accessible information technology and telecommunications 
     for all environments, including home, workplace, 
     transportation, and other environments.
       (II) Information on accommodating individuals with 
     disabilities.--The site shall include access to evidence-
     based research and best practices concerning how assistive 
     technology and accessible information technology and 
     telecommunications can be used to accommodate individuals 
     with disabilities in the areas of education, employment, 
     health care, community living, and telecommunications and 
     information technology.
       (III) Resources for a number of disabilities.--The site 
     shall include resources relating to the largest possible 
     number of disabilities, including resources relating to low-
     level reading skills and cognitive disabilities.

       (iv) Links to private-sector resources and information.--To 
     the extent feasible, the site shall be linked to relevant 
     private-sector resources and information, under agreements 
     developed between the recipient of the grant, contract, or 
     cooperative agreement and cooperating private-sector 
     entities.
       (v) Links to public-sector resources and information.--To 
     the extent feasible, the site shall be linked to relevant 
     public-sector resources and information, such as the Internet 
     sites of the Office of Special Education and Rehabilitation 
     Services of the Department of Education, the Office of 
     Disability Employment Policy of the Department of Labor, the 
     Small Business Administration, the Architectural and 
     Transportation Barriers Compliance Board, and the Technology 
     Administration of the Department of Commerce, the accessible 
     website described in subsection (b)(1)(D)(ii)(V), the Jobs 
     Accommodation Network funded by the Office of Disability 
     Employment Policy of the Department of Labor, and other 
     relevant sites.
       (B) Minimum library components.--At a minimum, the National 
     Public Internet Site shall maintain updated information on--
       (i) State assistive technology program demonstration sites 
     where individuals may try out assistive technology devices;
       (ii) State assistive technology program device loan program 
     sites where individuals may borrow assistive technology 
     devices;
       (iii) State assistive technology program device re-
     utilization program sites;
       (iv) alternative financing programs or systems operated 
     through, or independently of, State assistive technology 
     programs, and other sources of funding for assistive 
     technology devices; and
       (v) various tax credits available to employers for hiring 
     or accommodating employees who are individuals with 
     disabilities.
       (5) Input.--While providing information (including 
     technical assistance) under this subsection, the Secretary 
     and recipient of the grant, contract, or cooperative 
     agreement under this subsection shall consider the input of 
     the directors of State assistive technology programs and 
     other individuals the Secretary determines to be appropriate, 
     especially--
       (A) individuals with disabilities who use, and understand 
     the barriers to the acquisition of, assistive technology and 
     accessible information technology and telecommunications;
       (B) family members, guardians, advocates, and authorized 
     representatives of such individuals;
       (C) relevant employees from other Federal departments and 
     agencies involved in the procurement or development of 
     assistive technology devices, or the provision of assistive 
     technology services;
       (D) employers of people with disabilities, especially small 
     business employers; and
       (E) venders and public and private researchers and 
     developers.

     SEC. 8. TECHNOLOGY INDUSTRY ASSESSMENT.

       (a) In General.--To better promote and serve the United 
     States assistive technology industry, the Secretary may 
     conduct a detailed assessment of the industry. Such 
     assessment shall provide data and analysis concerning the 
     industry's market, products, and services, for better 
     strategic and business modeling.
       (b) Contents.--The Secretary shall ensure that the 
     assessment provides data and analysis including--
       (1) data to better assess the industry's potential and 
     provide metrics for future growth;
       (2) information addressing strategies and certification 
     practices of international trading partners; and
       (3) details about programs within the Department of 
     Commerce that facilitate assistive technology industry export 
     efforts.
       (c) Consultation.--The Secretary shall conduct the 
     assessment after consultation with the Under Secretary for 
     Technology of the Department of Commerce members of the 
     assistive technology industry, the Interagency Committee on 
     Disability Research established under section 203 of the 
     Rehabilitation Act of 1973 (29 U.S.C. 763), and other 
     appropriate agencies.

     SEC. 9. ADMINISTRATIVE PROVISIONS.

       (a) General Administration.--
       (1) In general.--Notwithstanding any other provision of 
     law, the Commissioner of the Rehabilitation Services 
     Administration in the Office of Special Education and 
     Rehabilitative Services of the Department of Education shall 
     be responsible for the administration of this Act.
       (2) Collaboration.--The Commissioner of the Rehabilitation 
     Services Administration may make 1 or more grants to, or 
     enter into 1 or more contracts, interagency agreements, or 
     cooperative agreements with, the Director of the Office of 
     Special Education Programs or the National Institute on 
     Disability and Rehabilitation Research in the Office of 
     Special Education and Rehabilitative Services of the 
     Department of Education, the Assistant Secretary for 
     Disability Employment Policy in the Department of Labor, the 
     Under Secretary for Technology in the Department of Commerce, 
     the Administrator of the Small Business Administration, or 
     the head of any other entity approved by the Secretary to 
     assist in the administration of this Act.
       (3) Administration.--In administering this Act, the 
     Commissioner of the Rehabilitation Services Administration 
     shall ensure the provision of assistive technology, through 
     comprehensive statewide programs of technology-related 
     assistance, to individuals of all ages, whether the 
     individuals will use the assistive technology to obtain or 
     maintain employment or for other reasons.
       (b) Review of Participating Entities.--The Secretary shall 
     assess the extent to which entities that receive grants under 
     this Act are complying with the applicable requirements of 
     this Act and achieving goals that are consistent with the 
     requirements of the grant programs under which the entities 
     received the grants.
       (c) Corrective Action and Sanctions.--
       (1) Corrective action.--If the Secretary determines that an 
     entity that receives a grant under this Act fails to 
     substantially comply with the applicable requirements of this 
     Act, the Secretary shall assist the entity, through technical 
     assistance funded under section 7 or other means, within 90 
     days after such determination, to develop a corrective action 
     plan.
       (2) Sanctions.--If the entity fails to develop and comply 
     with a corrective action plan described in paragraph (1) 
     during a fiscal year, the entity shall be subject to 1 of the 
     following corrective actions selected by the Secretary:
       (A) Partial or complete termination of funding under the 
     grant program.
       (B) Ineligibility to participate in the grant program in 
     the following year.
       (C) Reduction in funding for the following year under the 
     grant program.
       (D) Required redesignation of the lead agency designated 
     under section 4(c)(1).
       (3) Appeals procedures.--The Secretary shall establish 
     appeals procedures for entities that are determined to be in 
     noncompliance with the applicable requirements of this Act.
       (d) Construction.--Nothing in this section shall be 
     construed to affect the enforcement authority of the 
     Secretary, another Federal officer, or a court under part E 
     of the General Education Provisions Act (20 U.S.C. 1234 et 
     seq.) or other applicable law.
       (e) Effect on Other Assistance.--This Act may not be 
     construed as authorizing a Federal or State agency to reduce 
     medical or other assistance available, or to alter 
     eligibility for a benefit or service, under any other Federal 
     law.

     SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

       (a) State Grants for Assistive Technology; Training, 
     Technical Assistance, Data-Collection, Reporting, and 
     Internet Programs.--
       (1) In general.--There are authorized to be appropriated to 
     carry out sections 4 and 7 $36,000,000 for fiscal year 2005, 
     and such sums as may be necessary for each of fiscal years 
     2006 through 2010.
       (2) Training, technical assistance, data-collection, 
     reporting, and internet programs.--
       (A) In general.--Of the amount appropriated under this 
     subsection for a fiscal year, not more than $1,235,000 may be 
     made available to carry out section 7.
       (B) Reservations.--Of the amount made available to carry 
     out section 7 for a fiscal year--
       (i) not less than 45 percent shall be made available to 
     carry out section 7(b)(1);
       (ii) not less than 20 percent shall be made available to 
     carry out section 7(b)(2);
       (iii) not less than 15 percent shall be made available to 
     carry out section 7(b)(3); and
       (iv) not more than 20 percent shall be made available to 
     carry out section 7(c).
       (b) State Grants for Protection and Advocacy Services 
     Related to Assistive Technology.--There are authorized to be 
     appropriated to carry out section 5 $4,419,000 for fiscal 
     year 2005 and such sums as may be necessary for each of 
     fiscal years 2006 through 2010.
       (c) Supplementary Grants and Projects of National 
     Significance.--There are authorized to be appropriated to 
     carry out section 6 such sums as may be necessary for each of 
     fiscal years 2005 through 2010.

     SEC. 11. REPEAL.

       The Assistive Technology Act of 1998 (29 U.S.C. 3001 et 
     seq.) is repealed.

  Mr. HARKIN. Mr. President, today I join with my colleague from New

[[Page 13884]]

Hampshire, Senator Gregg, and others to introduce the Assistive 
Technology Act of 2004.
  Assistive technology and accessible information technology and 
telecommunication are so critical to the lives of people with 
disabilities. An NOD/Harris poll released today shows that 35 percent 
of individuals with disabilities surveyed indicated that they would not 
be able to take care of themselves at home without assistive 
technology. Over a quarter of individuals with disabilities reported 
that they would not be able to get around outside of their homes. 
Assistive technology and accessible information technology and 
telecommunication also provide opportunities in education, employment 
and civic and social participation that would not otherwise be 
available to some individuals with disabilities.
  To quote the National Council on Disability--``For Americans without 
disabilities, technology makes things easier. For Americans with 
disabilities, technology makes things possible.''
  The Assistive Technology Act that we introduce today builds upon the 
successes of this law, dating back to 1988. The state Assistive 
Technology programs have been very effective in providing information, 
training, and technical assistance to a wide array of individuals in 
their states, including people with disabilities, their families, 
educators, health care professionals and others. The Assistive 
Technology Act has also authorized alternate finance programs that have 
offered low interest loans and other financing to people with 
disabilities who otherwise could not access the funds needed to buy 
their assistive technology.
  The most recent data available, FY 02, indicates that the programs 
are making a substantial difference in their states. In that year, 
there were 92,000 equipment demonstrations provided, 38,000 devices 
loaned to individuals with disabilities and over 6,000 devices 
exchanged or recycled. Also over 6 million dollars was loaned to 
individuals with disabilities so they could purchase assistive 
technology, ranging from a hearing device to an accessible van. The AT 
programs also provided needed information to a wide array of 
individuals, answering 151,000 requests for assistance and training 
over 172,000 people.
  In this reauthorization, we strengthen this successful program and 
provide authorization for increased appropriations to carry out the 
many activities that are needed in the states. We emphasize programs 
that will improve access to assistive technology devices and also 
increase attention to some federal priorities, including improving 
education, promoting community integration, and increasing employment 
opportunities for individuals with disabilities.
  While there are many important initiatives in this bill, I will 
highlight a few of the most significant.
  First, the bill authorizes a minimum of $500,000 for each state 
program and includes an authorization of 36 million dollars in 2005 
which would allow each state to receive that minimum. These funds will 
be used to support all of the activities specified in the law.
  The bill also strengthens some of the core functions of the state 
assistive technology programs, focusing training and technical 
assistance to ensure statewide access to information and an emphasis on 
skills development and technical training to improve service planning 
for individuals with disabilities.
  It further requires States focus their efforts on one of three target 
populations. These populations include 1. elementary and secondary 
school students, providers and related personnel; 2. adult service 
provider clients, providers and related personnel; and 3. employees, 
employment providers, and related personnel.
  States will be required to focus their energies on service planning 
for one of these populations so we can ensure that assistive technology 
is getting out to where it is needed most--in the schools, on the job 
and in the community. The Senate has recently passed the Individuals 
with Disabilities Act and the Workforce Investment Act and we continue 
to be concerned about implementation of the ADA and the Olmstead 
decision. This targeted effort aligns the Assistive Technology Act with 
these other initiatives.
  The bill includes provisions designed to increase access to assistive 
technology and accessible information technology and telecommunications 
by requiring that assistive technology programs operate equipment loan, 
device reutilization, device demonstration, and financing systems. The 
bill also seeks to improve information about service providers and 
vendors of assistive technology and accessible information technology.
  Because individuals with disabilities still experience significantly 
fewer employment opportunities than individuals without disabilities, 
the bill places an emphasis on educating and targeting employers and 
employees. One of the projects of national significance authorized in 
the bill includes development of public service announcements and other 
means of reaching employers and others with information regarding 
assistive technology.
  For the first time, the bill addresses the need to coordinate state 
program activities with the businesses that develop and produce much of 
the assistive technology and accessible information technology. The 
bill authorizes a project of national significance in research and 
development and authorizes the Secretary to conduct a detailed 
assessment of the assistive technology industry.
  The bill also recognizes the ongoing contribution of protection and 
advocacy services in making assistive technology available to 
individuals with disabilities and increases minimum authorization 
levels for this important function. Iowa has had a very successful 
advocacy program, which will be continued under this bill.
  These are just a few of the many significant issues addressed in this 
bill. It is a very comprehensive effort due to the hard work of the 
many stakeholders that participated.
  I want to thank my colleague, Senator Gregg, and his staff, 
particularly Aaron Bishop and Annie White, for their work on this 
bipartisan initiative. I also want to recognize the work of Senators 
Kennedy, Roberts, Reed and Warner and their staff members, Kent 
Mitchell, Connie Garner, Jennifer Swenson, Elyse Wasch, Erica Swanson, 
and John Robinson because this has truly been a collaborative and 
bipartisan effort to reauthorize this important legislation.
  As part of this reauthorization process, committee staff have had 
extensive bipartisan briefings and met with a very wide array of 
stakeholders. Stakeholders also participated in work groups designed to 
forge consensus on many of the issues addressed in this bill. As a 
result, I believe we have a very strong bill. I want to thank the many 
individuals with disabilities, family members, assistive technology 
programs, vendors, members of the information technology industry, the 
financial and business community, service providers, advocates, 
educators and others who gave generously of their time and worked so 
hard on this bill.
  This bill continues the tradition of bipartisan cooperation that has 
marked significant disability legislation. Just as the ADA, IDEA and 
other bills have been bipartisan, so is this Assistive Technology Act 
of 2004. I look forward to moving ahead and getting it enacted into 
law.
  Mr. KENNEDY. Mr. President, I am proud to join Senators Gregg and 
Harkin in the introduction of the Assistive Technology Act of 2004, 
which will continue and expand our Nation's promise to improve access 
to assistive technology for individuals in every State and territory.
  In the Senate we are dedicated to breaking down barriers to equal 
education, to employment opportunities and to quality and affordable 
health care. Assistive technology enables people with disabilities to 
break down the physical and other barriers which prevent them from 
reaching their full potential.
  For an individual with difficulty communicating, a hand-writing aid 
or a communication board can open up a

[[Page 13885]]

whole new world of relationships. A wheelchair or scooter can give them 
the freedom to engage in activities otherwise impossible. And switches 
and other devices can transform their home into an accessible 
environment and allow them to perform daily household tasks essential 
to independent living.
  Since 1988, the Assistive Technology Act has funded projects in every 
State and territory to raise awareness about the enormous potential of 
assistive technology, give individuals an opportunity to test products, 
and connect them with low-cost options for purchasing technology. Each 
project has a different focus, but all are providing these core 
services, and providing them well.
  In Massachusetts, the Massachusetts Assistive Technology Project 
trains individuals with disabilities to be self-advocates. They monitor 
implementation of State and Federal laws. And they operate an Equipment 
Exchange Trading Post for individuals to exchange or sell assistive 
technology products. This is just a small sample of what they are 
doing. They deserve great credit, and so do the other projects across 
the nation.
  The Assistive Technology Act of 2004 makes a commitment to continue 
these projects. It asks them to perform device demonstrations, 
equipment loans, device refurbishment, and provide financing systems 
such as low-cost loan programs. It mandates a new focus on training 
local personnel who work every day with people with disabilities in 
adult service provider settings, in schools, and in employment 
settings. It gives States the flexibility to which populations to focus 
on, but asks that they work to make the promise of the Individuals with 
Disabilities Education Act, the Workforce Investment Act, and the 
Olmstead decision a reality.
  I know they are up to the challenge, and I will work to ensure they 
have the resources to make it happen. To that end, the act authorizes 
additional resources and sets a higher minimum appropriation of 
$500,000 for each State project. It is vital that any final legislation 
include this recognition that these life-changing services need real 
resources.
  I commend Senators Gregg, Harkin, and Reed for their hard work on 
this legislation. I also commend all of the disability advocates, 
organizations and project directors who informed this legislation. I 
look forward to working with them and my colleagues in the House of 
Representatives to get a bill signed into law this year.
  Mr. REED. Mr. President, I rise as an original cosponsor of the 
Improving Access to Assistive Technology for Individuals with 
Disabilities Act of 2004. This important legislation reauthorizes the 
Assistive Technology, AT, Act, which helps States strengthen their 
capacity to address the assistive technology needs of individuals with 
disabilities and supports loan and device demonstration programs, for 
six years.
  This legislation improves current law in several ways which will help 
individuals with disabilities gain access to the assistive technology 
devices and services that will help them lead full and productive 
lives. Importantly, the legislation removes the sunset provision 
included in the last reauthorization and increases the minimum State 
allotment to $500,000, ensuring that all States can continue this vital 
work. Assistive technology devices and services are increasingly 
necessary, particularly as our population ages and for soldiers 
returning from battle with injuries that used to be life ending.
  I am particularly pleased that this legislation contains language I 
sought to address areas of need that I heard from assistive technology 
users, providers, advocates, and administrators in my State of Rhode 
Island. First, the bill enhances training activities to improve the 
capacity of local education, early intervention, adult providers, and 
employers to assess, implement, and integrate AT devices. Secondly, 
funding is authorized for inventing and developing new AT devices and 
adapting, maintaining, servicing, and improving existing AT devices. 
Finally, the bill makes great strides to promote interagency 
coordination and collaboration to effectively deliver assistive 
technology devices and services.
  I want to thank Senators Gregg, Kennedy, and Harkin for working so 
closely with me and my staff on this bill. It is my hope that we will 
be able to maintain this same cooperative, bipartisan spirit in which 
this bill was crafted as the reauthorization process moves forward.
                                 ______
                                 
      By Mr. SCHUMER (for himself, Ms. Mikulski, Mr. Corzine, Mrs. 
        Clinton, Mr. Leahy, Ms. Stabenow, Mr. Sarbanes, and Mr. Nelson 
        of Florida):
  S. 2597. A bill to require the Secretary of Health and Human Services 
to establish and maintain an Internet website that is designed to allow 
consumers to compare the usual and customary prices for covered 
outpatient drugs sold by retail pharmacies that participate in the 
medicaid program for each postal Zip Code, and for other purposes; to 
the Committee on Finance.
  Mr. SCHUMER. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2597

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Prescription Drug Price 
     Comparison for Savings Act of 2004''.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) Access to prescription drugs is important to all 
     Americans.
       (2) Many individuals cannot afford to purchase the drugs 
     prescribed by their doctors. Others skip doses or split pills 
     contrary to their doctor's orders because they cannot afford 
     to refill their prescriptions.
       (3) Individuals who use their limited financial resources 
     to obtain needed drugs may do so by foregoing other 
     expenditures important to their health and well-being.
       (4) Among the objectives of the medicaid program set forth 
     in section 1901 of the Social Security Act (42 U.S.C. 1396) 
     is the objective to enable each State to furnish services to 
     help low-income families and aged, blind, or disabled 
     individuals ``attain or retain capability for independence or 
     self-care''.
       (5) Some States, such as Maryland, have established 
     interactive Internet websites that use the usual and 
     customary price information reported by pharmacies 
     participating in the State's medicaid program to allow all 
     residents of the State to comparison shop for prescription 
     drugs.
       (6) Requiring all States to collect from pharmacies that 
     participate in the medicaid program the usual and customary 
     price for prescription drugs sold by the pharmacies and to 
     report that information to the Secretary of Health and Human 
     Services in order that a national, interactive Internet 
     website may be established and maintained for individuals to 
     use to comparison shop for prescription drugs is consistent 
     with the objectives of the medicaid program.

     SEC. 3. STATE PLAN REQUIREMENT TO COLLECT AND REPORT USUAL 
                   AND CUSTOMARY PRICES FOR COVERED OUTPATIENT 
                   DRUGS SOLD UNDER THE MEDICAID PROGRAM.

       Section 1902(a) of the Social Security Act (42 U.S.C. 
     1396a(a)) is amended--
       (1) in paragraph (66), by striking ``and'' at the end;
       (2) in paragraph (67), by striking the period and inserting 
     ``; and''; and
       (3) by inserting after paragraph (67), the following:
       ``(68) provide that the State shall--
       ``(A) require each retail pharmacy which receives payments 
     under the plan to report to the State concurrent with the 
     filling of a prescription for a covered outpatient drug (as 
     defined in section 1927(k)(2)) for an individual receiving 
     medical assistance under this title--
       ``(i) the usual and customary price (as defined in section 
     1927(k)(10)) for the strength, quantity, and dosage form of 
     the covered outpatient drug, as of the date the prescription 
     is filled; and
       ``(ii) the postal Zip Code in which the retail pharmacy is 
     located; and
       ``(B) submit the information reported under subparagraph 
     (A) to the Secretary on such frequent basis as the Secretary 
     shall require so as to allow for monthly updates of the 
     information posted on the Internet website required to be 
     established under section 5 of the Prescription Drug Price 
     Comparison for Savings Act of 2004.''.

     SEC. 4. USUAL AND CUSTOMARY PRICES FOR COVERED OUTPATIENT 
                   DRUGS.

       (a) Definition.--Section 1927(k) of the Social Security Act 
     (42 U.S.C. 1396r-8(k)) is amended by adding at the end the 
     following:
       ``(10) Usual and customary price.--The term `usual and 
     customary price' means the

[[Page 13886]]

     price a retail pharmacy would charge an individual who does 
     not have health insurance coverage for purchasing a specific 
     strength, quantity, and dosage form of a covered outpatient 
     drug.''.
       (b) Inclusion of Information in Annual Report to 
     Congress.--Section 1927(i)(2)(E) of the Social Security Act 
     (42 U.S.C. 1396r-8(i)(2)(E)) is amended--
       (1) by redesignating subparagraphs (E) and (F) as 
     subparagraphs (F) and (G), respectively; and
       (2) by inserting after subparagraph (D), the following:
       ``(E) the range of usual and customary prices for specific 
     strengths, quantities, and dosage forms of covered outpatient 
     drugs, disaggregated by postal Zip Code;''.

     SEC. 5. REQUIREMENT TO ESTABLISH AND MAINTAIN PRESCRIPTION 
                   DRUG PRICE COMPARISON WEBSITE.

       (a) Authority.--Not later than 6 months after the date of 
     enactment of this Act, the Secretary shall establish and 
     arrange for the maintenance of an Internet website that is 
     designed to allow an individual to compare the usual and 
     customary prices for a range of strengths and quantities of 
     covered outpatient drugs sold by retail pharmacies that 
     receive payments under the medicaid program for each postal 
     Zip Code that corresponds to an area of a State.
       (b) Requirements.--The Internet website required to be 
     established and maintained under this section shall consist 
     of--
       (1) the information submitted to the Secretary in 
     accordance with section 1902(a)(68)(B) of the Social Security 
     Act (42 U.S.C. 1396a(a)(68)(B)) (as added by section 
     3(a)(3)); and
       (2) such other information as the Secretary determines is 
     appropriate.
       (c) Definitions.--In this section:
       (1) Covered outpatient drug.--The term ``covered outpatient 
     drug'' has the meaning given that term in section 1927(k)(2) 
     of the Social Security Act (42 U.S.C. 1396r-8(k)(2)).
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.
       (3) State.--The term ``State'' has the meaning given that 
     term for purposes of title XIX of the Social Security Act (42 
     U.S.C. 1396 et seq.).
                                 ______
                                 
      By Mr. AKAKA (for himself, Mr. Lautenberg, Mr. Levin, Mrs. 
        Feinstein, Mr. Wyden, and Mr. Inouye):
  S. 2598. A bill to protect, conserve, and restore public land 
administered by the Department of the Interior or the Forest Service 
and adjacent land through cooperative cost-shared grants to control and 
mitigate the spread of invasive species, and for other purposes; to the 
Committee on Energy and Natural Resources.
  Mr. AKAKA. Mr. President, I rise today to introduce the Public Land 
Protection and Conservation Act of 2004. I am pleased to have my 
esteemed colleagues Senator Frank Lautenberg, Senator Carl Levin, 
Senator Dianne Feinstein, Senator Daniel Inouye, and Senator Ron Wyden 
cosponsoring the bill with me. This legislation encourages Federal, 
State, and local agencies, non-governmental entities, and Indian tribes 
to work together through a cost-shared, cooperative grant program to 
control the spread of terrestrial invasive species. The bill authorizes 
the Secretary of the Interior to provide state assessment grants to 
inventory and prioritize invasive species problems. It provides 
additional grants to control invasive species on Federal land or 
adjacent areas. And most importantly, it provides rapid response funds 
for states to eradicate serious new outbreaks.
  Invasive species cause devastating environmental, human health, and 
economic consequences throughout the Nation and world. They are 
responsible for damage to native ecosystems and vital industries, such 
as agriculture, fisheries, and ranching. The impacts of invasive 
species are estimated to cost the United States at least $100 billion 
each year. Invasive species threaten the existence of 42 percent of 
threatened and endangered species in the United States, and this is an 
issue that must be confronted.
  The implications of the nationwide invasive species problem are 
enormous. Nowhere, however, are the impacts greater than in my home 
State of Hawaii, which has always been known for its biodiversity. 
Approximately 11,000 species are believed to have evolved from roughly 
20,000 ancestors that successfully colonized at a rate of one every 
35,000 years. Today, 20 to 50 new nonnative species arrive in Hawaii 
every year.
  In total, unwanted alien pests are entering Hawaii at a rate that is 
about two million times more rapid than the natural rate. Nonnative, 
invasive species comprise roughly 20 percent of the plants and animals 
in Hawaii. Invasive species are the number one cause of the decline of 
Hawaii's threatened and endangered species. This is a serious concern 
because Hawaii has more than 10,000 species found nowhere else on 
Earth. Of the 114 endangered species that have become extinct in the 
first 20 years of the Endangered Species Act, almost one-half were in 
Hawaii. The fragility of our native species is compounded by the fact 
that most introduced species have no natural predators in the state.
  Let me give you just a few examples of invasive species problems in 
Hawaii. Control efforts for the Formosan ground termite are estimated 
to cost residents in Hawaii more than $150 million per year. Damage to 
our agricultural industry and the related control costs of the 
Mediterranean fruit fly are more than $450 million annually. Native 
birds in our rainforests are succumbing to malaria spread through 
introduced mosquitos.
  Coqui frogs, accidentally imported on plants to Hawaii, can reach 
densities of 8,000 frogs per acre. Each one can produce a call at 90 
decibels. The noise from 8,000 frogs at 90 decibels is equivalent to 
listening to a high-pitched jackhammer all night! Infestations of frogs 
are lowering property values and threatening Hawaii's export 
floriculture and nursery industries. Coqui frogs also consume more than 
48,000 prey items per acre per night, depleting the food supply for 
threatened and endangered birds and spiders. Miconia, an invasive tree 
infesting over 15,000 acres of rainforest in Hawaii, eliminates the 
habitat of endangered plants and animals and causes serious erosion 
problems that threaten the water supply.
  Miconia has overwhelmed all other species on these mountainsides. 
Miconia, like many invasives, is a major threat to native biodiversity.
  The brown tree snake has invaded Guam and devastated native bird 
populations there. If it were to become established in Hawaii, economic 
costs have been estimated to exceed hundreds of millions of dollars.
  Agriculture in Hawaii is threatened by the spread of the red imported 
fire ant, a serious problem in 14 southern states causing over $2 
billion in annual damage. As you can see, the time to address the issue 
of invasive species is now, before there are even more serious 
problems.
  My bill, the Public Land Protection and Conservation Act, authorizes 
the Secretary of the Interior to provide grants to states, nonprofit, 
and tribal entities to assess, control, and eradicate invasive species. 
There are three types of grants in this bill, one of which requires 
matching funds.
  First, this legislation provides grants to states for assessment 
projects to identify, quantify, and prioritize invasive species 
threats. This step is a critical underpinning for invasives programs, 
but many states do not have the resources to carry out this assessment.
  Second, the control grants supply appropriate public or private 
entities or Indian tribes with funding to carry out, in partnership 
with a Federal agency, an eradication, containment, or management 
project on Federal land or adjacent land. Control projects would 
receive a higher ranking for funding based on shared priorities in 
state and Federal plans, the extensiveness or severity of the invasive 
species impacts in a state, and whether the project fosters results 
through public-private partnerships, among other criteria.
  Control grants are cost-shared with states. A maximum of 75 percent 
of funding shall be federally provided for control projects on adjacent 
land, with the exception of pilot or demonstration projects, or 
projects that conserve threatened or endangered species, which shall 
receive 85 percent federal funding. The Federal share of control 
projects carried out on Federal land shall be 100 percent.
  Finally, rapid response funds, designated for States facing new 
outbreaks of invasive species, will provide timely resources to 
eradicate these organisms before they gain a foothold.

[[Page 13887]]

Rapid response funds are critical to States in order to combat newly 
identified invasives.
  The impacts of invasive species are already costing the United States 
an estimated $100 billion each year. The Department of the Interior, in 
its FY 2005 budget request acknowledges that invasive species pose an 
enormous threat to the ecological and economic health of the Nation. 
The Department states that the economic costs associated with invasive 
species are enormous already, and increasing. The Department of the 
Interior and U.S. Forest Service together received approximately $126 
million in FY 2004, and the combined FY 2005 request is identical. 
Although I applaud the current efforts of the Department of the 
Interior and the U.S. Forest Service, we need a more coordinated attack 
on invasive species. The attack must have robust funding if we are to 
work in partnership with the states.
  An estimated 5,000 to 6,000 invasive species are established in the 
United States. With 73 percent of the continental United States held in 
private lands, our Federal lands will not be adequately protected 
without public-private partnerships because invasive species know no 
boundaries.
  My bill requires coordination between the National Invasive Species 
Council, the Department of the Interior, the U.S. Department of 
Agriculture, and state invasive species councils and plans. It provides 
the support necessary for agencies, organizations, and individuals to 
implement cooperative projects to address new threats and long-standing 
invasive species problems.
  I am particularly pleased that the State of Hawaii is taking a 
leadership role in addressing invasive species problems as our State is 
intimately familiar with the serious impacts. Hawaii's Department of 
Land and Natural Resources, the State government, and each county's 
Invasive Species Councils are committed to a proactive approach to 
preserve the environmental heritage and economic security of our 
communities for generations to come. Each of these Councils now 
coordinates their activities on the State level through the formation 
of the Hawaii Invasive Species Council in 2003.
  In addition to the Council, many public and private partnerships have 
been formed to protect our common natural resources. The East Maui 
Watershed Partnership brings together multiple public and private 
landowners and the County of Maui to control invasive species and 
protect 100,000 acres of our prime watershed areas. This is just one 
example of many highly successful and dedicated partnerships in Hawaii 
working to preserve our invaluable resources.
  This legislation is supported by the State of Hawaii's Department of 
Land and Natural Resources, which has primary responsibility for land 
use, forests, wildlife and oceans. In his letter of support, the 
Chairperson of the DLNR, Mr. Peter Young, states that ``Increasing 
success in invasive species projects in Hawaii has come largely from 
the formation of strong partnerships between State, County and Federal 
agencies and private groups.'' The intent of this bill is to encourage 
partnerships like the East Maui Watershed Partnership and the Hawaii 
Invasives Species Council in their fight against invasives.
  Most recently, the Hawaii State Legislature allocated $4 million of 
the $5 million requested by Governor Linda Lingle to support the 
Invasive Species Prevention and Control program. This request is part 
of the overall state proposal to earmark $20 million over the next four 
years. These actions demonstrate Hawaii's commitment to the problem. 
This money, however, is clearly not sufficient to control the nonnative 
species in Hawaii.
  Despite their best efforts to reduce the devastation caused by 
invasive species, states lack the needed funds to adequately address 
this issue. The General Accounting Office (GAO) issued a report on 
September 5, 2003, documenting gaps and barriers in Federal invasive 
species legislation. The number one barrier identified in the report 
was insufficient Federal funding for state efforts to control invasive 
species. Another barrier identified was the inadequate amount of 
general information and research on invasive species. My legislation 
will provide States the desperately needed funding to start a serious 
battle against invasive species.
  The GAO report also recommended authorizing the National Invasive 
Species Council as the most effective leadership structure for managing 
invasive species. I applaud Senators Levin and DeWine for addressing 
this issue in legislation they have introduced during the 108th 
Congress, the National Aquatic Invasive Species Act of 2003. I am a 
cosponsor of their bill, S. 525, because aquatic invasives are 
important in Hawaii. I am also a cosponsor of Senator Larry Craig's 
Noxious Weed Control Act of 2003, S. 144, that focuses on terrestrial 
weeds. My bill, the Public Land Protection and Conservation Act of 
2004, will fill a needed gap by addressing all invasive organisms, 
flora and fauna, in and around federal lands through public-private 
partnerships.
  The National Environmental Coalition on Invasive Species, a coalition 
of representatives from major environmental organizations, has extended 
its full support for this legislation. Its letter of support calls this 
bill ``one of the best legislative proposals to date to deal with the 
growing threat that invasive species pose to our nation's ecological 
and economic health.'' The bill is also supported by The Conservation 
Council of Hawaii, the National Wildlife Federation affiliate in 
Hawaii. I greatly appreciate their endorsements.
  Lastly, I want to acknowledge my colleague in the House, 
Representative Nick Rahall, for recognizing the gaps in national 
legislation for controlling and eradicating invasive species on Federal 
and adjacent lands through cooperative grants. He introduced H.R. 2310, 
the Species Protection and Conservation of the Environment Act, on June 
3, 2003. His legislation provided a solid blueprint that inspired my 
bill, and I am eager to join him in the eradication of invasive species 
on Federal and adjacent lands.
  There are increasingly severe problems and economic burdens 
associated with invasive species in our nation. Federal support to 
states to combat this problem at the ground level is crucial. If ever 
there was a time to commit to defending the security of our domestic 
resources for the future, it is now.
  I ask unanimous consent that 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. 2598

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Public Land Protection and 
     Conservation Act of 2004''.

     SEC. 2. PURPOSE.

       The purpose of this Act is to encourage partnerships among 
     Federal, State, and local agencies, nongovernmental entities, 
     and Indian tribes to protect, enhance, restore, and manage 
     public land and adjacent land through the control of invasive 
     species by--
       (1) promoting the development of voluntary State 
     assessments to establish priorities for controlling invasive 
     species;
       (2) promoting greater cooperation among Federal, State, and 
     local land and water managers and owners of private land or 
     other interests to implement strategies to control and 
     mitigate the spread of invasive species through a voluntary 
     and incentive-based financial assistance grant program;
       (3) establishing a rapid response capability to combat 
     incipient invasive species invasions; and
       (4) modifying the requirements applicable to the National 
     Invasive Species Council.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Control.--The term ``control'' means--
       (A) eradicating, suppressing, reducing, or managing 
     invasive species in areas in which the species are present;
       (B) taking steps to detect early infestations of invasive 
     species on Public land and adjacent land that is at risk of 
     being infested; and
       (C) restoring native ecosystems to reverse or reduce the 
     impacts of invasive species.
       (2) Council.--The term ``Council'' means the National 
     Invasive Species Council established by section 3 of 
     Executive Order No. 13112 (64 Fed. Reg. 6184).
       (3) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given the term in section 4

[[Page 13888]]

     of the Indian Self-Determination and Education Assistance Act 
     (25 U.S.C. 450b).
       (4) Invasive species.--The term ``invasive species'' means, 
     with respect to a particular ecosystem, any animal, plant, or 
     other organism (including biological material of the animal, 
     plant, or other organism that is capable of propagating the 
     species)--
       (A) that is not native to the ecosystem; and
       (B) the introduction of which causes or is likely to cause 
     economic harm, environmental harm, or harm to human health.
       (5) National management plan.--The term ``National 
     Management Plan'' means the management plan referred to in 
     section 5 of Executive Order No. 13112 (64 Fed. Reg. 6185) 
     and entitled ``Meeting the Invasive Species Challenge''.
       (6) Public land.--The term ``Public land'' means all land 
     and water that is--
       (A) owned by, or under the jurisdiction of, the United 
     States; and
       (B) administered by the Department of the Interior or the 
     Forest Service.
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (8) State.--The term ``State'' means--
       (A) a State of the United States;
       (B) the District of Columbia;
       (C) the Commonwealths of Puerto Rico and the Northern 
     Mariana Islands;
       (D) the Territories of American Samoa, Guam, and the Virgin 
     Islands;
       (E) the Federated States of Micronesia;
       (F) the Republic of the Marshall Islands; and
       (G) the Republic of Palau.

     SEC. 4. NATIVE HERITAGE ASSESSMENT AND CONTROL GRANT PROGRAM.

       (a) Assessment Grants.--The Secretary may provide to a 
     State a grant to carry out an assessment project consistent 
     with relevant invasive species management plans of the State 
     to--
       (1) identify invasive species that occur in the State;
       (2) survey the extent of invasive species in the State;
       (3) assess the needs to restore, manage, or enhance native 
     ecosystems in the State;
       (4) identify priorities for actions to address those needs;
       (5) incorporate, as applicable, the guidelines of the 
     National Management Plan; and
       (6) identify methods to--
       (A) control or detect incipient infestations of invasive 
     species in the State; or
       (B) control or assess established populations of invasive 
     species in the State.
       (b) Control Grants.--
       (1) In general.--The Secretary may provide grants to 
     appropriate public or private entities and Indian tribes to 
     carry out, in partnership with a Federal agency, control 
     projects for the management or eradication of invasive 
     species on Public land or adjacent land that--
       (A) include plans for--
       (i) monitoring the project areas; and
       (ii) maintaining effective control of invasive species 
     after the completion of the projects, including through the 
     conduct of restoration activities;
       (B) in the case of a project on adjacent land, are carried 
     out with the consent of the owner of the adjacent land; and
       (C) provide public notice to, and conduct outreach 
     activities relating to the control projects in, communities 
     in which control projects are carried out.
       (2) Priority.--In prioritizing grants for control projects, 
     the Secretary shall consider--
       (A) the extent to which a project would address--
       (i) the priorities of a State for invasive species control; 
     and
       (ii) the priorities for invasive species management on 
     Public land, such as the priorities for management on 
     National Park System and National Forest System land;
       (B) the estimated number of, or extent of infestation by, 
     invasive species in the State;
       (C) whether a project would encourage increased 
     coordination and cooperation among 1 or more Federal agencies 
     and State or local government agencies to control invasive 
     species;
       (D) whether a project--
       (i) fosters public-private partnerships; and
       (ii) uses Federal resources to encourage increased private 
     sector involvement, including the provision of private funds 
     or in-kind contributions;
       (E) the extent to which a project would aid the 
     conservation of species included on Federal or State lists of 
     threatened or endangered species;
       (F) whether a project includes pilot testing or a 
     demonstration of an innovative technology that has the 
     potential to improve the cost-effectiveness of controlling 
     invasive species; and
       (G) the extent to which a project--
       (i) considers the potential for unintended consequences of 
     control methods on native species; and
       (ii) includes contingency measures to address the 
     unintended consequences.
       (c) Duties of the Secretary.--The Secretary shall--
       (1) not later than 180 days after the date on which funds 
     are made available to carry out this Act, publish guidelines 
     and solicit applications for grants under this section;
       (2) not later than 1 year after the date on which funds are 
     made available to carry out this Act, evaluate and approve or 
     disapprove applications for grants submitted under this 
     section;
       (3) consult with the Council on--
       (A) any projects proposed for grants under this section, 
     including the priority of proposed projects for the grants; 
     and
       (B) providing a definition of the term ``adjacent land'' 
     for purposes of the control grant program under subsection 
     (b);
       (4) consult with the advisory committee established under 
     section 3(b) of Executive Order No. 13112 (64 Fed. Reg. 6184) 
     on projects proposed for a grant under this section, 
     including the scientific merit, technical merit, and 
     feasibility of a proposed project; and
       (5) if a project is conducted on National Forest System 
     land, consult with the Secretary of Agriculture.
       (d) Grant Duration.--
       (1) In general.--Except as provided in paragraph (2), a 
     grant under this section shall provide funding for the 
     Federal share of the cost of a project for not more than 2 
     fiscal years.
       (2) Renewal of control projects.--
       (A) In general.--If the Secretary, after reviewing the 
     reports submitted under subsection (f) with respect to a 
     control project, finds that the project is making 
     satisfactory progress, the Secretary may renew a grant under 
     this section for an additional 3 fiscal years.
       (B) Implementation of monitoring and maintenance plan.--The 
     Secretary may renew a grant under this section to implement 
     the monitoring and maintenance plan required for a control 
     project under subsection (b) for not more than 10 years after 
     the project is otherwise complete.
       (e) Distribution of Control Grant Awards.--In making grants 
     for control projects under subsection (b), the Secretary 
     shall, to the maximum extent practicable, ensure that--
       (1) at least 50 percent of control project funds are spent 
     on land adjacent to Public land; and
       (2) there is a balance of smaller and larger control 
     projects conducted with grants under that subsection.
       (f) Reporting by Grant Recipient.--
       (1) Assessment projects.--Not later than 2 years after the 
     date on which a grant is provided under subsection (a), a 
     grant recipient carrying out an assessment project shall 
     submit to the Secretary and the Governor of the State in 
     which the assessment project is carried out a report on the 
     assessment project.
       (2) Control projects.--A grant recipient carrying out a 
     control project under subsection (b) shall submit to the 
     Secretary--
       (A) an annual synopsis of the control project; and
       (B) a report on the control project not later than the 
     earlier of--
       (i) at least once every 2 years; or
       (ii) the date on which the grant expires.
       (3) Contents.--A report submitted under this subsection 
     shall include--
       (A) a detailed accounting of--
       (i) the funding made available for the project; and
       (ii) any expenditures made for the project; and
       (B) with respect to a control project--
       (i) a chronological list of any progress made with respect 
     to the project;
       (ii) specific information on the methods and techniques 
     used to control invasive species in the project area;
       (iii) trends in the population size and distribution of 
     invasive species in the project area; and
       (iv) the number of acres of the native ecosystem protected 
     or restored.
       (g) Cost-Sharing Requirement.--
       (1) Projects on adjacent land.--
       (A) In general.--Except as provided in subparagraph (B), 
     the Federal share of the cost of a control project carried 
     out on adjacent land shall be not more than 75 percent.
       (B) Certain control projects.--The Federal share of a 
     control project carried out on adjacent land that uses pilot 
     testing, demonstrates an innovative technology, or provides 
     for the conservation of threatened or endangered species 
     shall be 85 percent.
       (2) Projects on public land.--The Federal share of the cost 
     of the portion of a control project that is carried out on 
     Public land shall be 100 percent.
       (3) Application of in-kind contributions.--The Secretary 
     may apply to the non-Federal share of the costs of a control 
     project the fair market value of services or any other form 
     of in-kind contribution to the project made by a non-Federal 
     entity.
       (4) Derivation of non-federal share.--The non-Federal share 
     of the cost of a control project carried out with a grant 
     under this section may not be derived from a Federal grant 
     program or other Federal funds.
       (h) Reporting by Secretary.--
       (1) In general.--Not later than 3 years after the date of 
     enactment of this Act and every 2 years thereafter, the 
     Secretary shall submit to Congress a report that--
       (A) describes the implementation of this section; and
       (B) includes a determination whether the grants authorized 
     under subsections (a) and (b) should be expanded to land and 
     water

[[Page 13889]]

     that are owned and administered by Federal agencies other 
     than the Department of the Interior or the Forest Service.
       (2) Contents.--A report under paragraph (1) shall include a 
     review of control projects, including--
       (A) a list of control projects selected, in progress, and 
     completed;
       (B) an assessment of project impacts, including--
       (i) areas treated; and
       (ii)(I) if feasible, a measurement of invasive species 
     eradicated; or
       (II) an estimate of the extent to which invasive species 
     have been reduced or contained;
       (C) the success and failure of control techniques used;
       (D) an accounting of expenditures by Federal, State, 
     regional, and local government agencies and other entities to 
     carry out the projects;
       (E) a review of efforts made to maintain an appropriate 
     database of projects assisted under this section; and
       (F) a review of the geographical distribution of Federal 
     funds, matching funds, and in-kind contributions provided for 
     projects.

     SEC. 5. RAPID RESPONSE ASSISTANCE.

       (a) In General.--The Secretary may provide financial 
     assistance to States, local governments, public or private 
     entities, and Indian tribes for a period of 1 fiscal year to 
     enable States, local governments, nongovernmental entities, 
     and Indian tribes to rapidly respond to outbreaks of invasive 
     species that are at a stage at which rapid eradication or 
     control is possible.
       (b) Requirements for Assistance.--The Secretary shall--
       (1) at the request of the Governor of a State--
       (A) provide assistance under this section to the State, a 
     local government, public or private entity, or Indian tribe 
     for the eradication of an immediate invasive species threat 
     in the State if--
       (i) there is a demonstrated need for the assistance;
       (ii) the invasive species is considered to be an immediate 
     threat to native ecosystems, human health, or the economy, as 
     determined by the Secretary; and
       (iii) the proposed response of the State, local government, 
     public or private entity, or Indian tribe to the threat--

       (I) is technically feasible; and
       (II) minimizes adverse impacts to native ecosystems and 
     non-target species; or

       (B) if the requirements under subparagraph (A) are not met, 
     submit to the Governor of the State, not later than 30 days 
     after the date on which the Secretary received the request, 
     written notice that the State is not eligible for assistance 
     under this section;
       (2) determine the amount of financial assistance to be 
     provided under this section, subject to the availability of 
     appropriations, with respect to an outbreak of an invasive 
     species;
       (3) require that entities receiving assistance under this 
     section monitor and report on activities carried out with 
     such assistance in the same manner that control project grant 
     recipients monitor and report on such activities; and
       (4) expedite environmental and regulatory reviews to ensure 
     that an outbreak of invasive species can be addressed within 
     the 180-day period beginning on the date on which the State 
     notifies the Secretary of the outbreak.

     SEC. 6. RELATIONSHIP TO OTHER AUTHORITIES.

       Nothing in this Act affects authorities, responsibilities, 
     obligations, or powers of the Secretary under any other 
     statute.

     SEC. 7. BUDGET CROSSCUT.

       Not later than March 31, 2005, and each year thereafter, 
     the Director of the Office of Management and Budget, in 
     consultation with the Council, shall submit to Congress--
       (1) a comprehensive budget analysis and summary of Federal 
     programs relating to invasive species; and
       (2) a list of general priorities, ranked in high, medium, 
     and low categories, of Federal efforts and programs in--
       (A) prevention;
       (B) early detection and rapid response;
       (C) eradication, control, management, and restoration;
       (D) research and monitoring;
       (E) information management; and
       (F) public outreach and partnership efforts.

     SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

       (a) Assessment Grants.--There are authorized to be 
     appropriated to the Secretary to carry out assessment 
     projects under section 4(a)--
       (1) $25,000,000 for fiscal year 2005; and
       (2) such sums as are necessary for each of fiscal years 
     2006 through 2009.
       (b) Control Grants.--There are authorized to be 
     appropriated to the Secretary to carry out control projects 
     under section 4(b)--
       (1) $175,000,000 for fiscal year 2005; and
       (2) such sums as are necessary for each of fiscal years 
     2006 through 2009.
       (c) Rapid Response Assistance.--There are authorized to be 
     appropriated to the Secretary to carry out section 5--
       (1) $50,000,000 for fiscal year 2005; and
       (2) such sums as are necessary for each of fiscal years 
     2006 through 2009.
       (d) Continuing Availability.--Amounts made available under 
     this section shall remain available until expended.
       (e) Administrative Expenses of Secretary.--Of amounts made 
     available each fiscal year to carry out this Act, the 
     Secretary may expend not more than 5 percent to pay the 
     administrative expenses necessary to carry out this Act.
                                 ______
                                 
      By Mr. CHAMBLISS (for himself and Mr. Kyl):
  S. 2599. A bill to strengthen anti-terrorism investigative tools, to 
enhance prevention and prosecution of terrorist crimes, to combat 
terrorism financing, to improve border and transportation security, and 
for other purposes; to the Committee on the Judiciary.
  Mr. CHAMBLISS. Mr. President, I rise today to introduce a bill that 
will facilitate the sharing of information from Federal law enforcement 
agencies to State and local law enforcement. Right now, existing 
Federal law authorizes the FBI to obtain certain records and 
information, such as telephone records, bank records, and consumer 
credit records, in investigations of terrorist activities. One of the 
tools that the FBI uses for this purpose is the National Security 
Letter (or NSL), which is, in effect, a limited type of administrative 
subpoena that is directed to the institutions that have these records. 
The statutes authorizing the use of NSLs generally require that the 
requested information be relevant to an investigation of international 
terrorism or clandestine intelligence activities, and these statues 
prohibit investigations based solely on First Amendment-protected 
activities of people known under the law as ``United States persons,'' 
which is a group consisting of U.S. citizens and permanent resident 
aliens.
  Unfortunately, when the FBI receives records or information provided 
to it in response to NSLs, several different statutes govern the 
circumstances under which the Bureau may disseminate this information 
to other agencies. The standards differ from statute to statute--
complicating the sharing of the information with other agencies that 
may need it for counterterrorism purposes--and a number of these 
provisions curiously are more restrictive about information sharing 
with other Federal agencies than with non-Federal agencies. The 
Information Sharing Improvement Act of 2004 (ISIA), which I introduce 
today along with my good friend from Arizona, John Kyl, would amend 
these statutes to allow the dissemination of information obtained 
through NSLs in conformity with consistent guidelines developed by the 
Attorney General.
  The Information Sharing Improvement Act also amends a statute that 
authorizes sharing of national security-related investigative 
information with relevant Federal, State, and local officials, to make 
it clear that the statute applies regardless of whether the 
investigation in which the information was obtained is characterized as 
a ``criminal'' investigation or a ``national security'' investigation.
  Finally, the Information Sharing Improvement Act would restore 
Homeland Security Act amendments that broaden the sharing of Federal 
grand jury information concerning threatened terrorist attacks with 
State and local authorities.
  The Information Sharing Improvement Act does not expand the powers of 
the FBI or Federal prosecutors to acquire records or information, but 
it will improve their ability to share information--obtained under 
existing authorities--with Federal, State, and local agencies that need 
it to protect the public from terrorism.
                                 ______
                                 
      By Mrs. CLINTON (for herself, Mr. Levin, Mr. Dodd, Ms. Cantwell, 
        Mr. Sarbanes, Mr. Schumer, Ms. Landrieu, Mr. Santorum, Mr. 
        Lieberman, Mrs. Boxer, Mr. Specter, Mr. Alexander, Ms. 
        Stabenow, Mrs. Feinstein, Mrs. Hutchison, Ms. Mikulski, Ms. 
        Collins, Mr. Corzine, and Mr. Pryor):
  S. 2600. A bill to direct the Architect of the Capitol to enter into 
a contract to revise the statue commemorating women's suffrage located 
in the rotunda of the United States Capitol to

[[Page 13890]]

include a likeness of Sojourner Truth; to the Committee on Rules and 
Administration.
  Mrs. CLINTON. Mr. President, I rise today to introduce legislation, 
with strong bi-partisan support, calling for the women's suffrage 
statue located in the Capitol Rotunda to include a likeness of 
Sojourner Truth. As many of my colleagues know, in the majestic Capitol 
Rotunda sits a monument honoring three pioneers of the women's suffrage 
movement, which led to the women of our great nation being granted the 
right to vote in 1920.
  The monument features the busts of Lucretia Mott, Elizabeth Cady 
Stanton, and Susan B. Anthony that were sculpted by Adelaide Johnson, 
who passed away in 1955. As the Architect of the Capitol has noted, the 
monument was presented to the Capitol as a gift from the women of the 
United States by the National Women's Party and was accepted on behalf 
of Congress by the Joint Committee on the Library on February 10, 1921. 
The unveiling ceremony was held in the Rotunda on February 15, 1921, 
the 101st anniversary of the birth of Susan B. Anthony, and was 
attended by representatives of over 70 women's organizations. The 
Committee authorized the installation of the monument in the Crypt, 
where it remained until, by act of Congress in 1996, it was relocated 
to the Capitol Rotunda in May 1997.
  In addition to the wonderful busts of Stanton, Mott, and Anthony, one 
of the interesting features of the monument is the existence of a large 
slab of stone that was never sculpted. Looking at the monument, it is 
clear that it was intended for a fourth person--another pioneer of the 
women's suffrage movement--to be sculpted. The legislation I am 
introducing today calls for Sojourner Truth to be that person.
  Born into slavery as one of the youngest of thirteen children of 
James and Elizabeth in Hurley, which is in Ulster County, New York, in 
approximately 1897, Sojourner Truth's given name was Isabella Baumfree. 
Almost all of her brothers and sisters had been sold to other slave 
owners. Some of her earliest memories were of her parents' stories of 
the cruel loss of their other children.
  Isabella was sold several times to various slave owners and suffered 
many hardships under slavery, but throughout her life she maintained a 
deep and unwavering faith that carried her through many difficult 
times.
  In 1817, the New York State Legislature passed the New York State 
Emancipation Act, which granted freedom to those enslaved who were born 
before July 4, 1799. Unfortunately, however, this law declared that 
many men, women and children could not be freed until July 4, 1827, ten 
years later. While still enslaved and at the demand of her then owner, 
John Dumont, Isabella married an older slave named Thomas, with whom 
she had at least five children--Diane, Peter, Hannah, Elizabeth, and 
Sophia.
  As the date of her release came near--July 4, 1827--she learned that 
Dumont was plotting to keep her enslaved, even after the Emancipation 
Act went into effect. For this reason, in 1826, she ran away from the 
Dumont plantation with her infant child, leaving behind her husband and 
other children.
  She took refuge with a Quaker family--the family of Isaac Van 
Wagenen--and performed domestic work for them as well as missionary 
work among the poor of New York City. While working for the Van 
Wagenen's, she discovered that a member of the Dumont family had sold 
her youngest son Peter to a plantation owner in Alabama. At the time, 
New York law prohibited the sale of slaves outside New York State and 
so the sale of Peter was illegal. Isabella sued in court and won his 
return. In doing so, she became the first black woman in the United 
States to take a white man to court and win.
  Isabella had always been very spiritual, and soon after being 
emancipated, she had a vision that affected her profoundly, leading 
her--as she later described it--to develop a ``perfect trust in God and 
prayer.'' In 1843, deciding her mission was to preach the word of God, 
Isabella changed her name to Sojourner Truth--her name for a traveling 
preacher, one who speaks the truth--and left New York. That summer she 
traveled throughout New England, calling her own prayer meetings and 
attending those of others. She preached ``God's truth and plan for 
salvation.''
  After months of travel, she arrived in Northampton, Massachusetts, 
and joined the Northampton Association for Education and Industry, 
where she met and worked with abolitionists such as William Lloyd 
Garrison, Frederick Douglas, and Olive Gilbert.
  As we know, during the 1850s, slavery became an especially heated 
issue in the United States. In 1850, Congress passed the Fugitive Slave 
Law, which allowed runaway slaves to be arrested and jailed without a 
jury trial, and in 1857, the Supreme Court ruled in the Dred Scott case 
that those enslaved had no rights as citizens and that the government 
could not outlaw slavery in the new territories.
  Nevertheless, these extraordinarily difficult times did not stop 
Sojourner Truth from continuing her mission. Her life story--``The 
Narrative of Sojourner Truth: A Northern Slave''--written with the help 
of friend Olive Gilbert, was published in 1850.
  While traveling and speaking in states across the country, Sojourner 
Truth met many women abolitionists and noticed that although women 
could be part of the leadership in the abolitionist movement, they 
could neither vote nor hold public office. It was this realization that 
led Sojourner to become an outspoken supporter of women's rights.
  In 1851, she addressed the Women's Rights Convention in Akron, Ohio, 
delivering her famous speech ``Ain't I a Woman?'' The applause she 
received that day has been described as ``deafening.'' From that time 
on, she became known as a leading advocate for the rights of women. 
Indeed, she was one of the nineteenth century's most eloquent voices 
for the cause of anti-slavery and women's rights.
  By the mid-1850s, Truth had earned enough money from sales of her 
popular autobiography to buy land and a house in Battle Creek, 
Michigan. She continued her lectures, traveling to Ohio, Indiana, Iowa, 
Illinois, and Wisconsin. When the Civil War erupted in 1861, she 
visited black troops stationed near Detroit, Michigan, and offered 
encouragement. After the Emancipation Proclamation of 1863, she worked 
in Washington as a counselor and educator for those who had been 
previously enslaved through the Freedman's Relief Association and the 
Freedmen's Hospital. It was during this time--in October 1864--that she 
met with President Abraham Lincoln.
  Throughout the 1870s, Sojourner Truth continued to speak on behalf of 
women and African Americans. Failing health, however, soon forced 
Sojourner to return to her Battle Creek, Michigan home, where she died 
on November 26, 1883.
  This brief recounting of Sojourner Truth's life story only begins to 
speak of her faith, courage, intelligence, and steadfastness in the 
face of extraordinary circumstances and volatile times in our Nation's 
history. Though she could neither read nor write, her eloquence 
commanded the attention of thousands of Americans, both black and 
white. It therefore comes as no surprise to learn that among her many 
friends, admirers and staunch supporters were Frederick Douglass, Amy 
Post, Olive Gilbert, Parker Pillsbury, Mrs. Francis Gage, Weldell 
Phillips, Willilam Lloyd Garrison, Laura Haviland, Lucretia Mott, and 
Susan B. Anthony.
  The legislation I am introducing today pays tribute to Sojourner 
Truth by including her in the portrait monument with three of her 
fellow leading suffragettes. That is why this legislation has the 
strong bi-partisan support of so many of my colleagues and of many 
organizations, including the National Council of Women's Organizations.
  I also want to take a moment to say a special thanks of appreciation 
to Dr. C. Delores Tucker, Chair of the National Congress of Black 
Women, who is the champion of this legislation and for all African 
American women, children and families today. I know that

[[Page 13891]]

with her continued, unwavering support, this legislation will be 
enacted. I ask all of my colleagues to support it. Thank you.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2600

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

     SECTION 1. FINDINGS.

       Congress finds the following:
       (1) Sojourner Truth was a towering figure among the 
     founders of the movement for women's suffrage in the United 
     States, and any monument that accurately represents this 
     important development in our Nation's history should include 
     her.
       (2) The statue known as the Portrait Monument, originally 
     presented to Congress in 1920 in honor of the passage of the 
     Nineteenth Amendment guaranteeing women the right to vote and 
     presently exhibited in the rotunda of the Capitol, portrays 
     several early suffragists who were Sojourner Truth's 
     contemporaries, but not Sojourner Truth herself, the only 
     African American among the group.

     SEC. 2. REVISION OF WOMEN'S SUFFRAGE STATUE.

       Not later than the final day on which the One Hundred Ninth 
     Congress is in session, the Architect of the Capitol shall 
     enter into a contract to revise the statue commemorating 
     women's suffrage located in the rotunda of the United States 
     Capitol (commonly known as the ``Portrait Monument'') to 
     include a likeness of Sojourner Truth.

  Mr. SPECTER. Mr. President, I have sought recognition to co-sponsor 
legislation to add the likeness of Sojourner Truth to the statue 
commemorating women's suffrage located in the rotunda of the United 
States Capitol.
  Sojourner Truth (1797?-1883) was the self-given name of a woman born 
into slavery. The year of her birth is uncertain, and is usually taken 
to be 1797. Originally Isabella Van Wagener, she escaped to Canada in 
1827.
  After New York State had abolished slavery in 1829, she returned and 
worked as a domestic servant for over a decade, and joined Elijah 
Pierson in evangelical preaching on street-corners. Later in life she 
became a noted speaker for both the Abolitionist movement and the 
women's rights movement. Perhaps one of her most famous speeches was 
Ain't I A Woman, a short but pointed commentary delivered in 1851 at 
the Women's Convention in Akron, Ohio.
  During the American Civil War, she organized collection of supplies 
for the Union. In 1850, she worked with Olive Gilbert to produce a 
biography, the Narrative of Sojourner Truth.
  This was a truly amazing woman who endeavored in her time to change 
the American experience both for her fellow freed slaves as well as 
women of all races. A courageous woman, Truth not only spoke out 
against the racial oppression that she had endured throughout her 
childhood but acted on her beliefs, inspiring men and women of all 
races with her personal strength, wisdom, and social activism.
  Through her courage and perseverance, Sojourner Truth, her 
contemporaries, and future visionaries have led our nation and the 
world toward greater freedom and democracy for all. Three of these 
women--Lucretia Mott, Elizabeth Cady Stanton, and Susan B. Anthony--are 
already portrayed by the Portrait Monument, which was presented to 
Congress in 1920 in honor of the passage of the Nineteenth Amendment 
guaranteeing women the right to vote. Her recognition, as an African-
American would be an appropriate, noteworthy addition to the statue.
  I am pleased to offer this legislation to finally honor Sojourner 
Truth in the rotunda of the U.S. Capitol and encourage the retelling of 
her inspirational story to the American people. This is a long overdue 
effort and I encourage my colleagues to support this legislation.
                                 ______
                                 
      By Mr. LAUTENBERG:
  S. 2601. A bill to amend title 37, United States Code, to require the 
payment of monthly special pay for members of the uniformed services 
whose service on active duty is extended by a stop-loss order or 
similar mechanism, and for other purposes; to the Committee on Armed 
Services.
  Mr. LAUTENBERG. Mr. President, I rise today to offer a bill that 
addresses a critical element of defense funding.
  My bill will very simply compensate men and women from all services 
who will be deployed even after their service agreement has ended.
  The so called ``Stop Loss'' policy that will keep over 10,000 troops 
forcefully conscripted is a direct result of perhaps the most dangerous 
error the administration made in its planning for the war in Iraq.
  The administration gravely miscalculated the military personnel 
required in the post-invasion stage of the Iraq campaign. It 
drastically underestimated the challenges of the so called 
``Reconstruction Phase'' and instead naively pretended we would be 
greeted as liberators, with sweets and tea.
  The civilian leadership at the Pentagon failed to plan for adequate 
personnel to ensure the security of Iraq.
  But this wasn't just failure by omission. This was a deliberate 
neglect of expert opinion, which warned the administration that 
hundreds of troops would be needed to secure a country the size of 
California. In January 2003, three star General Eric Shinseki told the 
White House, the Pentagon and the public that 300,000 troops were 
necessary to execute the war and post-war objectives.
  Not only was his expert advice ignored, but he was also fired for 
offering a dissenting view.
  In May 2003, the administration was given a second chance to bolster 
its troops in Iraq; it could have solicited the support of our major 
allies--such as Turkey, France, India and others--and NATO and urge a 
truly international coalition to maintain peace in Iraq.
  Unfortunately, the opportunity to bolster our troops through a real 
multinational coalition was squandered and now it is too late.
  In fact, our troop shortage is so dire in Iraq that we are paying 
non-military private contractors to perform typically military 
functions in Iraq--everything from serving meals to securing command 
centers.
  We now have over 20,000 private security contractors in Iraq, which 
is approximately the same number of individuals as the international 
troops from the United Kingdom, Poland, Thailand, Italy and elsewhere 
who are in our coalition.
  And now, the military is forced to rely on the policy of forcing 
individuals at the end of their service term to remain with their unit 
if it is deployed or will be deployed to the combat theaters.
  The Pentagon has cleverly borrowed the corporate term ``Stop Loss'' 
to describe this new policy, which will affect over 10,000 new active 
duty and national guard and reservists.
  I call the policy: ``Going Back on Your Word.'' With the Stop Loss 
orders, thousands of men and women are being forcibly maintained in the 
services, just as they were packing their bags and preparing to return 
home to civilian life.
  Stop Loss has an extremely large impact on all troops, but especially 
impacts the National Guard and Reservists, many of whom have already 
been deployed much longer than they expected.
  These men and women have put jobs and families on hold and now the 
Pentagon is delaying their return further.
  My bill addresses the serious strain that is currently being placed 
on our young men and women in uniform and their families back home. It 
requires the Pentagon to reimburse service members $2,000 a month for 
each month that they are forcibly maintained in the Armed Services, 
after their term of enlistment has extended.
  Critics might claim that this bonus will unfairly reward some troops 
and not others. But the Army and other services already have instituted 
many different types of bonus awards that compensate service members 
above and beyond the base military pay. For example, we routinely give 
hazardous danger pay and separation pay and recently we've initiated 
new bonuses for those who enlist as a recruiting tool.
  It's only fair that we compensate the troops who have already been 
fighting on the front lines of our two combat theaters.

[[Page 13892]]

  These American heroes being sent back to war deserve a $2,000 a month 
bonus each and every month they are serving.
  While the richest among us have been rewarded with tax cuts, the 
soldiers, sailors, marines, and air men and women and their families 
are living paycheck to paycheck. This is just one example of how this 
war is requiring sacrifices from only a small, overburdened segment of 
American society.
  It is not fair and my Military Fairness Act of 2004 will begin to 
redress the inequity in sacrifice:
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2601

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

     SECTION 1. MONTHLY SPECIAL PAY FOR ACTIVE DUTY SERVICE 
                   EXTENDED BY STOP-LOSS ORDERS.

       (a) In General.--(1) Chapter 5 of title 37, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 327. Special pay: active duty service extended by 
       stop-loss order

       ``(a) Special Pay.--A member of the uniformed services 
     entitled to basic pay whose enlistment or period of obligated 
     service is extended, or whose eligibility for retirement is 
     suspended, pursuant to the exercise of an authority referred 
     to in subsection (b) is entitled while on active duty during 
     the period of such extension or suspension to special pay in 
     the amount specified in subsection (c).
       ``(b) Extension Authorities.--An authority referred to in 
     this section is an authority for the extension of an 
     enlistment or period of obligated service, or for suspension 
     of eligibility for retirement, of a member of the uniformed 
     services under a provision of law as follows:
       ``(1) Section 123 of title 10.
       ``(2) Section 12305 of title 10.
       ``(3) Any other provision of law (commonly referred to as 
     `stop-loss authority') authorizing the President to extend an 
     enlistment or period of obligated service, or suspend an 
     eligibility for retirement, of a member of the uniformed 
     services in time of war or of national emergency declared by 
     Congress or the President.
       ``(c) Monthly Amount.--The amount of special pay specified 
     in this subsection is $2,000 per month.
       ``(d) Construction With Other Pays.--Special pay payable 
     under this section is in addition to any other pay payable to 
     members of the uniformed services by law.''.
       (2) The table of sections at the beginning of such chapter 
     is amended by adding at the end the following new item:

``327. Special pay: active duty service extended by stop-loss order.''.

       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect as of March 20, 2003.
       (c) Funding.--Amounts appropriated or otherwise made 
     available for the Department of Defense for operation and 
     maintenance for fiscal year 2005 shall be available for the 
     payment of special pay under section 327 of title 37, United 
     States Code (as added by subsection (a))--
       (1) during fiscal year 2005; and
       (2) for the period beginning on the effective date 
     specified in subsection (b) and ending on September 30, 2004.
                                 ______
                                 
      By Mr. DODD (for himself and Mr. Bennett):
  S. 2602. A bill to provide for a circulating quarter dollar coin 
program to honor the District of Columbia, the Commonwealth of Puerto 
Rico, Guam, American Samoa, the United States Virgin Islands, and the 
Commonwealth of the Northern Mariana Islands, and for other purposes; 
to the Committee on Banking, Housing, and Urban Affairs.
  Mr. DODD. Mr. President, I rise today to introduce the District of 
Columbia and United States Territories Circulating Quarter Dollar 
Program Act. I am proud to cosponsor this important legislation with my 
colleague, Sen. Robert Bennett, R-UT.
  This legislation will provide the District of Columbia, American 
Samoa, Guam, Puerto Rico, the Virgin Islands, and the Commonwealth of 
the Northern Mariana Islands the opportunity to put a design of their 
choice on the reverse side of a quarter coin. These jurisdictions were 
inadvertently excluded from the 50 States Quarter Commemorative Coin 
Program Act, Public Law 105-124, that gave each State the same right in 
1997.
  As part of the 50 State Quarter Program, over twenty-two billion 
quarter coins representing 27 states have been minted. All the coins 
are minted according to the year each State ratified the Constitution 
of the United States or were admitted into the Union. Although States 
have appropriate latitude, there are limitations as to what can be used 
as a design.
  According to Public Law 105-124, the Secretary of the Treasury has 
the final approval of each design. The law gives clear guidance as to 
what is an acceptable design concept. Suitable design concepts include 
State landmarks, landscapes, historically significant buildings, 
symbols of State resources or industries, official State flora and 
fauna, State icons, and outlines of States. Among the examples of 
suitable coins already in circulation are New York's Statue of Liberty, 
Missouri's depiction of Lewis and Clark as they paddled down the 
Missouri River with the Gateway Arch in the background, and North 
Carolina's first successful airplane flight.
  The District of Columbia has been the unfortunate target of acts of 
terror, yet citizens of the District have no one who can cast a vote in 
Congress on policies to protect their security. Citizens of Washington, 
D.C., pay income taxes just like every other American. In fact on a per 
capita basis, District residents have the second highest Federal tax 
obligation. And yet they have absolutely no say in how high those taxes 
will be or how their tax dollars will be spent.
  This legislation is a reminder of the importance of including all 
Americans in the symbols of American citizenship. The residents of the 
District are American citizens, despite their lack of voting 
representation in the Congress.
  I believe that the least that we can do is allow the residents of the 
District of Columbia, as citizens of the United States, to commemorate 
the symbols of their own jurisdiction.
  The 50 States Commemorative Coin Program Act of 1997 states that 
``Congress finds that it is appropriate and timely to honor the unique 
Federal Republic of 50 States that comprise the United States; and to 
promote the diffusion of knowledge among the youth of the United States 
about the individual states, their history and geography, and the rich 
diversity of the national heritage'' and to encourage ``young people 
and their families to collect memorable tokens of all of the States for 
the face value of the coins.''
  I believe that it is of significant importance to America's youth to 
better understand and honor the rich, vibrant history of our nation's 
capital and territories, as well as that of our states. I urge my 
colleagues to support this meaningful legislation.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2602

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``District of Columbia and 
     United States Territories Circulating Quarter Dollar Program 
     Act''.

     SEC. 2. ISSUANCE OF REDESIGNED QUARTER DOLLARS HONORING THE 
                   DISTRICT OF COLUMBIA AND EACH OF THE 
                   TERRITORIES.

       Section 5112 of title 31, United States Code, is amended by 
     inserting after subsection (m) the following new subsection:
       ``(n) Redesign and Issuance of Circulating Quarter Dollar 
     Honoring the District of Columbia and Each of the 
     Territories.--
       ``(1) Redesign in 2009.--
       ``(A) In general.--Notwithstanding the fourth sentence of 
     subsection (d)(1) and subsection (d)(2) and subject to 
     paragraph (6)(B), quarter dollar coins issued during 2009 
     shall have designs on the reverse side selected in accordance 
     with this subsection which are emblematic of the District of 
     Columbia and the territories.
       ``(B) Flexibility with regard to placement of 
     inscriptions.--Notwithstanding subsection (d)(1), the 
     Secretary may select a design for quarter dollars issued 
     during 2009 in which--
       ``(i) the inscription described in the second sentence of 
     subsection (d)(1) appears on the reverse side of any such 
     quarter dollars; and
       ``(ii) any inscription described in the third sentence of 
     subsection (d)(1) or the designation of the value of the coin 
     appears on the obverse side of any such quarter dollars.
       ``(2) Single district or territory design.--The design on 
     the reverse side of each

[[Page 13893]]

     quarter dollar issued during 2009 shall be emblematic of one 
     of the following: The District of Columbia, the Commonwealth 
     of Puerto Rico, Guam, American Samoa, the United States 
     Virgin Islands, and the Commonwealth of the Northern Mariana 
     Islands.
       ``(3) Selection of design.--
       ``(A) In general.--Each of the 6 designs required under 
     this subsection for quarter dollars shall be--
       ``(i) selected by the Secretary after consultation with--

       ``(I) the chief executive of the District of Columbia or 
     the territory being honored, or such other officials or group 
     as the chief executive officer of the District of Columbia or 
     the territory may designate for such purpose; and
       ``(II) the Commission of Fine Arts; and

       ``(ii) reviewed by the Citizens Coinage Advisory Committee.
       ``(B) Selection and approval process.--Designs for quarter 
     dollars may be submitted in accordance with the design 
     selection and approval process developed by the Secretary in 
     the sole discretion of the Secretary.
       ``(C) Participation.--The Secretary may include 
     participation by District of Columbia or territorial 
     officials, artists from the District of Columbia or the 
     territory, engravers of the United States Mint, and members 
     of the general public.
       ``(D) Standards.--Because it is important that the Nation's 
     coinage and currency bear dignified designs of which the 
     citizens of the United States can be proud, the Secretary 
     shall not select any frivolous or inappropriate design for 
     any quarter dollar minted under this subsection.
       ``(E) Prohibition on certain representations.--No head and 
     shoulders portrait or bust of any person, living or dead, and 
     no portrait of a living person may be included in the design 
     of any quarter dollar under this subsection.
       ``(4) Treatment as numismatic items.--For purposes of 
     sections 5134 and 5136, all coins minted under this 
     subsection shall be considered to be numismatic items.
       ``(5) Issuance.--
       ``(A) Quality of coins.--The Secretary may mint and issue 
     such number of quarter dollars of each design selected under 
     paragraph (4) in uncirculated and proof qualities as the 
     Secretary determines to be appropriate.
       ``(B) Silver coins.--Notwithstanding subsection (b), the 
     Secretary may mint and issue such number of quarter dollars 
     of each design selected under paragraph (4) as the Secretary 
     determines to be appropriate, with a content of 90 percent 
     silver and 10 percent copper.
       ``(C) Timing and order of issuance.--Coins minted under 
     this subsection honoring the District of Columbia and each of 
     the territories shall be issued in equal sequential intervals 
     during 2009 in the following order: the District of Columbia, 
     the Commonwealth of Puerto Rico, Guam, American Samoa, the 
     United States Virgin Islands, and the Commonwealth of the 
     Northern Mariana Islands.
       ``(6) Other provisions.--
       ``(A) Application in event of admission as a state.--If the 
     District of Columbia or any territory becomes a State before 
     the end of the 10-year period referred to in subsection 
     (l)(1), subsection (l)(7) shall apply, and this subsection 
     shall not apply, with respect to such State.
       ``(B) Application in event of independence.--If any 
     territory becomes independent or otherwise ceases to be a 
     territory or possession of the United States before quarter 
     dollars bearing designs which are emblematic of such 
     territory are minted pursuant to this subsection, this 
     subsection shall cease to apply with respect to such 
     territory.
       ``(7) Territory defined.--For purposes of this subsection, 
     the term `territory' means the Commonwealth of Puerto Rico, 
     Guam, American Samoa, the United States Virgin Islands, and 
     the Commonwealth of the Northern Mariana Islands.''.
                                 ______
                                 
      By Mr. SMITH (for himself, Mr. Allen, Mr. Hollings, and Mr. 
        Sununu):
  S. 2603. A bill to amend section 227 of the Communications Act of 
1934 (47 U.S.C. 227) relating to the prohibition on junk fax 
transmissions; to the Committee on Commerce, Science, and 
Transportation.
  Mr. SMITH. Mr. President, I rise today with Senators Allen, Hollings 
and Sununu to introduce the ``Junk Fax Prevention Act of 2004.'' This 
bill will strengthen existing laws by providing consumers the ability 
to prevent unsolicited fax advertisements and provide greater 
Congressional oversight of enforcement efforts by the Federal 
Communications Commission (FCC). This bill will also help businesses by 
allowing them to continue to send faxes to their customers in a manner 
that has proven successful with both businesses and consumers.
  At the end of last summer, the FCC reconsidered its Telephone 
Consumer Protection Act (TCPA) rules and elected to eliminate the 
ability for businesses to contact their customers even where there 
exists an established business relationship. The effect of the FCC's 
rule would be to prevent a business from sending a fax solicitation to 
any person, whether it is a supplier or customer, without first 
obtaining prior written consent. This approach, while seemingly 
sensible, would impose significant costs on businesses in the form of 
extensive record keeping. Almost immediately after issuing this rule, 
the Commission stayed its implementation until January 1, 2005.
  The purpose of this legislation is to preserve the established 
business relationship exception currently recognized under the TCPA. In 
addition, this bill will allow consumers to opt out of receiving 
further unsolicited faxes. This is a new consumer protection that does 
not exist under the TCPA today.
  We believe that this bipartisan bill strikes the appropriate balance 
in providing significant protections to consumers from unwanted 
unsolicited fax advertisements and preserves the many benefits that 
result from legitimate fax communications. We hope that this body can 
pass this legislation in a timely manner, prior to January 1, 2005, 
when the FCC's stay expires.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2603

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Junk Fax Prevention Act of 
     2004''.

     SEC. 2. PROHIBITION ON FAX TRANSMISSIONS CONTAINING 
                   UNSOLICITED ADVERTISEMENTS.

       (a) Prohibition.--Section 227(b)(1)(C) of the 
     Communications Act of 1934 (47 U.S.C. 227(b)(1)(C)) is 
     amended to read as follows:
       ``(C) to use any telephone facsimile machine, computer, or 
     other device to send, to a telephone facsimile machine, an 
     unsolicited advertisement, unless--
       ``(i) the unsolicited advertisement is from a sender with 
     an established business relationship with the recipient; and
       ``(ii) the unsolicited advertisement contains a notice 
     meeting the requirements under paragraph (2)(D), except that 
     the exception under clauses (i) and (ii) shall not apply with 
     respect to an unsolicited advertisement sent to a telephone 
     facsimile machine by a sender to whom a request has been made 
     not to send future unsolicited advertisements to such 
     telephone facsimile machine that complies with the 
     requirements under paragraph (2)(E); or''.
       (b) Definition of Established Business Relationship.--
     Section 227(a) of the Communications Act of 1934 (47 U.S.C. 
     227(a)) is amended--
       (1) by redesignating paragraphs (2) through (4) as 
     paragraphs (3) through (5), respectively; and
       (2) by inserting after paragraph (1) the following:
       ``(2) The term `established business relationship', for 
     purposes only of subsection (b)(1)(C)(i), shall have the 
     meaning given the term in section 64.1200 of title 47, Code 
     of Federal Regulations, as in effect on January 1, 2003, 
     except that--
       ``(A) such term shall include a relationship between a 
     person or entity and a business subscriber subject to the 
     same terms applicable under such section to a relationship 
     between a person or entity and a residential subscriber; and
       ``(B) an established business relationship shall be subject 
     to any time limitation established pursuant to paragraph 
     (2)(G))''.
       (c) Required Notice of Opt-Out Opportunity.--Section 
     227(b)(2) of the Communications Act of 1934 (47 U.S.C. 
     227(b)(2)) is amended--
       (1) in subparagraph (B), by striking ``and'' at the end;
       (2) in subparagraph (C), by striking the period at the end 
     and inserting a semicolon; and
       (3) by adding at the end the following:
       ``(D) shall provide that a notice contained in an 
     unsolicited advertisement complies with the requirements 
     under this subparagraph only if--
       ``(i) the notice is clear and conspicuous and on the first 
     page of the unsolicited advertisement;
       ``(ii) the notice states that the recipient may make a 
     request to the sender of the unsolicited advertisement not to 
     send any future unsolicited advertisements to a telephone 
     facsimile machine or machines and that failure to comply, 
     within the shortest reasonable time, as determined by the 
     Commission, with such a request meeting the requirements 
     under subparagraph (E) is unlawful;
       ``(iii) the notice sets forth the requirements for a 
     request under subparagraph (E);

[[Page 13894]]

       ``(iv) the notice includes--

       ``(I) a domestic contact telephone and facsimile machine 
     number for the recipient to transmit such a request to the 
     sender; and
       ``(II) a cost-free mechanism for a recipient to transmit a 
     request pursuant to such notice to the sender of the 
     unsolicited advertisement; the Commission shall by rule 
     require the sender to provide such a mechanism and may, in 
     the discretion of the Commission and subject to such 
     conditions as the Commission may prescribe, exempt certain 
     classes of small business senders, but only if the Commission 
     determines that the costs to such class are unduly burdensome 
     given the revenues generated by such small businesses;

       ``(v) the telephone and facsimile machine numbers and the 
     cost-free mechanism set forth pursuant to clause (iv) permit 
     an individual or business to make such a request during 
     regular business hours; and
       ``(vi) the notice complies with the requirements of 
     subsection (d);''.
       (d) Request to Opt-Out of Future Unsolicited 
     Advertisements.--Section 227(b)(2) of the Communications Act 
     of 1934 (47 U.S.C. 227(b)(2)), as amended by subsection (c), 
     is further amended by adding at the end the following:
       ``(E) shall provide, by rule, that a request not to send 
     future unsolicited advertisements to a telephone facsimile 
     machine complies with the requirements under this 
     subparagraph only if--
       ``(i) the request identifies the telephone number or 
     numbers of the telephone facsimile machine or machines to 
     which the request relates;
       ``(ii) the request is made to the telephone or facsimile 
     number of the sender of such an unsolicited advertisement 
     provided pursuant to subparagraph (D)(iv) or by any other 
     method of communication as determined by the Commission; and
       ``(iii) the person making the request has not, subsequent 
     to such request, provided express invitation or permission to 
     the sender, in writing or otherwise, to send such 
     advertisements to such person at such telephone facsimile 
     machine;''.
       (e) Authority to Establish Nonprofit Exception.--Section 
     227(b)(2) of the Communications Act of 1934 (47 U.S.C. 
     227(b)(2)), as amended by subsections (c) and (d), is further 
     amended by adding at the end the following:
       ``(F) may, in the discretion of the Commission and subject 
     to such conditions as the Commission may prescribe, allow 
     professional or trade associations that are tax-exempt 
     nonprofit organizations to send unsolicited advertisements to 
     their members in furtherance of the association's tax-exempt 
     purpose that do not contain the notice required by paragraph 
     (1)(C)(ii), except that the Commission may take action under 
     this subparagraph only--
       ``(i) by regulation issued after public notice and 
     opportunity for public comment; and
       ``(ii) if the Commission determines that such notice 
     required by paragraph (1)(C)(ii) is not necessary to protect 
     the ability of the members of such associations to stop such 
     associations from sending any future unsolicited 
     advertisements; and''.
       (f) Authority to Establish Time Limit on Established 
     Business Relationship Exception.--Section 227(b)(2) of the 
     Communications Act of 1934 (47 U.S.C. 227(b)(2)), as amended 
     by subsections (c), (d), and (e) of this section, is further 
     amended by adding at the end the following:
       ``(G)(i) may, consistent with clause (ii), limit the 
     duration of the existence of an established business 
     relationship to a period not shorter than 5 years and not 
     longer than 7 years after the last occurrence of an action 
     sufficient to establish such a relationship, but only if--
       ``(I) the Commission determines that the existence of the 
     exception under paragraph (1)(C) relating to an established 
     business relationship has resulted in a significant number of 
     complaints to the Commission regarding the sending of 
     unsolicited advertisements to telephone facsimile machines;
       ``(II) upon review of such complaints referred to in 
     subclause (I), the Commission has reason to believe that a 
     significant number of such complaints involve unsolicited 
     advertisements that were sent on the basis of an established 
     business relationship that was longer in duration than the 
     Commission believes is consistent with the reasonable 
     expectations of consumers;
       ``(III) the Commission determines that the costs to senders 
     of demonstrating the existence of an established business 
     relationship within a specified period of time do not 
     outweigh the benefits to recipients of establishing a 
     limitation on such established business relationship; and
       ``(IV) the Commission determines that, with respect to 
     small businesses, the costs are not unduly burdensome, given 
     the revenues generated by small businesses, and taking into 
     account the number of specific complaints to the Commission 
     regarding the sending of unsolicited advertisements to 
     telephone facsimile machines by small businesses; and
       ``(ii) may not commence a proceeding to determine whether 
     to limit the duration of the existence of an established 
     business relationship before the expiration of the 3-year 
     period that begins on the date of the enactment of the Junk 
     Fax Prevention Act of 2004.''.
       (g) Unsolicited Advertisement.--Section 227(a)(5) of the 
     Communications Act of 1934, as so redesignated by subsection 
     (b)(1), is amended by inserting ``, in writing or otherwise'' 
     before the period at the end.
       (h) Regulations.--Except as provided in section 
     227(b)(2)(G)(ii) of the Communications Act of 1934 (as added 
     by subsection (f)), not later than 270 days after the date of 
     enactment of this Act, the Federal Communications Commission 
     shall issue regulations to implement the amendments made by 
     this section.

     SEC. 3. FCC ANNUAL REPORT REGARDING JUNK FAX ENFORCEMENT.

       Section 227 of the Communications Act of 1934 (47 U. S.C. 
     227) is amended by adding at the end the following:
       ``(g) Junk Fax Enforcement Report.--The Commission shall 
     submit an annual report to Congress regarding the enforcement 
     during the past year of the provisions of this section 
     relating to sending of unsolicited advertisements to 
     telephone facsimile machines, which report shall include--
       ``(1) the number of complaints received by the Commission 
     during such year alleging that a consumer received an 
     unsolicited advertisement via telephone facsimile machine in 
     violation of the Commission's rules;
       ``(2) the number of such complaints received during the 
     year on which the Commission has taken action;
       ``(3) the number of such complaints that remain pending at 
     the end of the year;
       ``(4) the number of citations issued by the Commission 
     pursuant to section 503 during the year to enforce any law, 
     regulation, or policy relating to sending of unsolicited 
     advertisements to telephone facsimile machines;
       ``(5) the number of notices of apparent liability issued by 
     the Commission pursuant to section 503 during the year to 
     enforce any law, regulation, or policy relating to sending of 
     unsolicited advertisements to telephone facsimile machines;
       ``(6) for each notice referred to in paragraph (5)--
       ``(A) the amount of the proposed forfeiture penalty 
     involved;
       ``(B) the person to whom the notice was issued;
       ``(C) the length of time between the date on which the 
     complaint was filed and the date on which the notice was 
     issued; and
       ``(D) the status of the proceeding;
       ``(7) the number of final orders imposing forfeiture 
     penalties issued pursuant to section 503 during the year to 
     enforce any law, regulation, or policy relating to sending of 
     unsolicited advertisements to telephone facsimile machines;
       ``(8) for each forfeiture order referred to in paragraph 
     (7)--
       ``(A) the amount of the penalty imposed by the order;
       ``(B) the person to whom the order was issued;
       ``(C) whether the forfeiture penalty has been paid; and
       ``(D) the amount paid;
       ``(9) for each case in which a person has failed to pay a 
     forfeiture penalty imposed by such a final order, whether the 
     Commission referred such matter for recovery of the penalty; 
     and
       ``(10) for each case in which the Commission referred such 
     an order for recovery--
       ``(A) the number of days from the date the Commission 
     issued such order to the date of such referral;
       ``(B) whether an action has been commenced to recover the 
     penalty, and if so, the number of days from the date the 
     Commission referred such order for recovery to the date of 
     such commencement; and
       ``(C) whether the recovery action resulted in collection of 
     any amount, and if so, the amount collected.''.

     SEC. 4. GAO STUDY OF JUNK FAX ENFORCEMENT.

       (a) In General.--The Comptroller General of the United 
     States shall conduct a study regarding complaints received by 
     the Federal Communications Commission concerning unsolicited 
     advertisements sent to telephone facsimile machines, which 
     study shall determine--
       (1) the mechanisms established by the Commission to 
     receive, investigate, and respond to such complaints;
       (2) the level of enforcement success achieved by the 
     Commission regarding such complaints;
       (3) whether complainants to the Commission are adequately 
     informed by the Commission of the responses to their 
     complaints; and
       (4) whether additional enforcement measures are necessary 
     to protect consumers, including recommendations regarding 
     such additional enforcement measures.
       (b) Additional Enforcement Remedies.--In conducting the 
     analysis and making the recommendations required under 
     subsection (a)(4), the Comptroller General shall specifically 
     examine--
       (1) the adequacy of existing statutory enforcement actions 
     available to the Commission;
       (2) the adequacy of existing statutory enforcement actions 
     and remedies available to consumers;
       (3) the impact of existing statutory enforcement remedies 
     on senders of facsimiles;

[[Page 13895]]

       (4) whether increasing the amount of financial penalties is 
     warranted to achieve greater deterrent effect; and
       (5) whether establishing penalties and enforcement actions 
     for repeat violators or abusive violations similar to those 
     established under section 1037 of title 18, United States 
     Code, would have a greater deterrent effect.
       (c) Report.--Not later than 270 days after the date of the 
     enactment of this Act, the Comptroller General shall submit a 
     report on the results of the study under this section to 
     Committee on Energy and Commerce of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate.
                                 ______
                                 
      By Mr. SMITH (for himself and Mr. Breaux):
  S. 2604. A bill to amend the Internal Revenue Code of 1986 to reduce 
the recognition period for built-in gains for subchapter S 
corporations; to the Committee on Finance.
  Mr. SMITH. Mr. President, I am very pleased today to introduce the 
Small Business Growth and Opportunity Act of 2004 along with my Finance 
Committee colleague, Senator Breaux.
  This legislation will allow S corporations to liquidate unproductive 
assets freeing up capital to be used to grow the business and create 
new jobs.
  There are about 2.9 million of these small and family-owned 
businesses in all 50 States. Over the past few years, many of these 
small businesses have been forced to lay off workers and delay capital 
investment. At the same time, the tax code forces them to hold on to 
unproductive and inefficient assets or face the double tax period of 
the corporate ``built-in gains'' tax.
  Under current law, businesses that convert from C corporation to S 
corporation status are penalized by a double tax burden for a period of 
10 years if they sell assets they owned as a C corporation. This tax 
penalty is imposed at the corporate level on top of normal shareholder-
level taxes, making the sale and reinvestment of these assets 
prohibitively expensive. In some States, this double-tax burden can 
exceed 70 percent of the built-in gain.
  Clearly this tax penalty is neither justifiable nor sustainable as a 
reasonable business matter. The built-in gains tax 1. limits cash flow 
and availability, 2. encourages excess borrowing because the S 
corporation cannot access the locked-in value of its own assets, and 3. 
prevents these small businesses from growing and creating jobs.
  While I would like to see even more generous relaxation of these 
rules, for revenue considerations this bill will reduce the built-in 
gains recognition period, the holding period, from 10 years to 7 years. 
This three-year reduction would be a significant start in easing this 
unproductive tax burden on these small and family-owned businesses.
  I look forward to working with my colleagues on the Senate Finance 
Committee and hope the Committee will consider this proposal this year.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed as 
follows:

                                S. 2604

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

     SECTION 1. REDUCED RECOGNITION PERIOD FOR BUILT-IN GAINS.

       (a) In General.--Paragraph (7) of section 1374(d) (relating 
     to definitions and special rules) is amended to read as 
     follows:
       ``(7) Recognition period.--The term `recognition period' 
     means the 7-year period beginning with the 1st day of the 1st 
     taxable year for which the corporation was an S corporation. 
     For purposes of applying this section to any amount 
     includible in income by reason of distributions to 
     shareholders pursuant to section 593(e), the preceding 
     sentence shall be applied without regard to the duration of 
     the recognition period in effect on the date such 
     distribution.''.
       (b) Effective Date.--
       (1) General rule.--The amendment made by this section shall 
     apply to any recognition period in effect on or after the 
     date of the enactment of this Act.
       (2) Special application to existing periods exceeding 7 
     years.-- Any recognition period in effect on the date of the 
     enactment of this Act, the length of which is greater than 7 
     years, shall end on such date.

                          ____________________