[Congressional Record (Bound Edition), Volume 150 (2004), Part 4]
[Senate]
[Pages 4856-4862]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. DASCHLE:
  S. 2223. A bill to expand the list of entities eligible to establish 
and maintain a qualified tuition program under section 529 of the 
Internal Revenue Code of 1986; to the Committee on Finance.
  Mr. DASCHLE. 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. 2223

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

     SECTION 1. ADDITIONAL ELIGIBLE ENTITIES FOR QUALIFIED TUITION 
                   PROGRAMS.

       (a) In General.--For purposes of section 529 of the 
     Internal Revenue Code of 1986, an eligible educational 
     institution shall be deemed to include a corporation--
       (1) which is a transferee corporation (within the meaning 
     of section 150(d)(3) of such Code) of a corporation described 
     in section 150(d) of such Code, and
       (2) a majority of the outstanding stock of which is owned 
     by an employee stock ownership plan (as defined in section 
     4975(d)(7) of such Code).
       (b) Effective Date.--Subsection (a) shall take effect with 
     respect to any qualified tuition program established after 
     the date of the enactment of this Act.
                                   ____
                                 
      By Mr. BROWNBACK (for himself and Mr. Roberts):
  S. 2224. A bill to establish the Bleeding Kansas and the Enduring 
Struggle for Freedom National Heritage Area, and for other purposes; to 
the Committee on Energy and Natural Resources.
  Mr. BROWNBACK. Mr. President, the great story of Kansas can be summed 
up in the State motto, ``Ad Astra per Aspera,'' to the stars through 
difficulties. Though only a short phrase comprised of four words, the 
meaning and passion behind the Kansas State motto are as profound as 
they are descriptive of a State that though smaller than some, was a 
catalyst for racial equality in this Nation.
  From inception, Kansas was born in controversy--a controversy that 
helped to shape a Nation and end the egregious practice of chattel 
slavery that brutalized an entire race of individuals in this country. 
I cannot think of a more noble or more important contribution provided 
to our Nation--through arguably it was one of the most turbulent and 
darkest hours of our history. Without this struggle however, the battle 
to end persecution and transform our country into a symbol of freedom 
and democracy throughout the world would not have been realized.
  This year marks the sesquicentennial of the signing of the Kansas-
Nebraska bill which repealed the Missouri compromise, allowed States to 
enter into the Union with or without slavery. This piece of 
legislation, which was passed in May 1854, set the stage for what is 
now referred to as, ``Bleeding Kansas.'' During this time, our State, 
then a territory, was thrown into chaos with Kansans fighting 
passionately to ensure that the territory would enter the Union as a 
free State and not condone or legalize slavery in any capacity. At the 
end of a very difficult and bloody struggle, Kansas entered the Union 
as a free State and helped to spark the issue of slavery on a national 
level. However, Kansas' contributions to the realization of freedom in 
this Nation did not stop with the Kansas-Nebraska Act.
  Keeping true to the motto, ``to the stars through difficulties.'' 
Kansas opened up her arms to a newly freed people after the Civil War 
ended. Many African Americans looked to Kansas for solace and 
prosperity when the South was still an uncertain place. Perhaps one of 
the best examples of Ad Astra per Aspera was the founding of a town in 
Kansas by African Americans coming to our State to begin their life of 
freedom and prosperity.
  Founded in 1877, Nicodemus, which was named after a legendary slave 
who purchased his freedom, is the most recognized historically black 
town in Kansas. Nicodemus was established by a group of colonists from 
Lexington, KY and grew to a population of 600 by 1879. However, 
Nicodemus is not the only Kansas contribution that shaped a more 
tolerant Nation. Kansas was also one of the first States to house an 
African American military regiment in the 1800s, the Buffalo Soldiers.
  The Buffalo Soldiers were, and still are, considered one of the most 
distinguished and revered African American military regiments in our 
Nation's history. One of those regiments, the 10th Cavalry, was 
stationed at Fort Leavenworth, KS. In July 1866, Congress passed 
legislation establishing two cavalry and four infantry regiments that 
were to be solely comprised of African Americans. The mounted regiments 
were the 9th and 10th Cavalries, soon nicknamed ``Buffalo Soldiers'' by 
the Cheyenne and Comanche tribes. Lt. Henry O. Flipper, the first 
African American to graduate from the United States Military Academy in 
1877 and commanded the 10th Calvary unit where he proved that African 
Americans possessed the quality of military leadership. Until the early 
1890s, the Buffalo Soldiers constituted 20 percent of all cavalry 
forces on the American frontier. Their invaluable service on the 
western frontier still remains one of the most exemplary services 
performed by a regiment in the U.S. Army.
  These are just a few examples of why I am pleased to join with my 
colleague from Kansas, Senator Pat Roberts, today and introduce the 
Bleeding Kansas National Heritage Area Act, which will not only serve 
to educate Kansans but the Nation on the important contributions--and 
in many cases the sacrifices--made in order to establish this proud 
State. The creation of this heritage area will ensure that this legacy 
is not only commemorated but celebrated on a national level.
  Specifically, the Bleeding Kansas National Heritage Area Act will 
designate 24 counties in Kansas as the ``Bleeding Kansas and the 
Enduring Struggle for Freedom National Heritage Area.'' Each of these 
counties will be eligible to apply for the heritage area grants 
administered by the National Park Service.
  The heritage area will add to local economies within the State by 
increasing tourism and will encourage collaboration between interests 
of diverse units of government, businesses, tourism officials, private 
property owners, and nonprofit groups within the heritage area. 
Finally, the bill protects private property owners by requiring that 
they provide in writing consent to be included in any request before 
they are eligible to receive Federal funds from the heritage area. The 
bill also authorizes $10,000,000.00 over a 10 year period to carry out 
this act and states that no more than $1,000,000.00 may be appropriated 
to the heritage area for any fiscal year.
  Kansas has much to be proud of in its history and it is vital that 
this history be shared on a national level. By establishing the 
Bleeding Kansas and the

[[Page 4857]]

Enduring Struggle for Freedom National Heritage Area, we will ensure 
that this magnificent legacy lives on and serves as a stirring reminder 
of the sacrifices and triumphs that created this Nation--a Nation 
united in freedom for all people.
  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. 2224

       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 ``Bleeding Kansas National 
     Heritage Area Act''.

     SEC. 2. FINDINGS AND PURPOSE.

       (a) Findings.--Congress finds the following:
       (1) The Bleeding Kansas National Heritage Area is a 
     cohesive assemblage of natural, historic, cultural, and 
     recreational resources that--
       (A) together represent distinctive aspects of American 
     heritage worthy of recognition, conservation, interpretation, 
     and continuing use;
       (B) are best managed through partnerships between private 
     and public entities;
       (C) will build upon the Kansas rural development policy and 
     the new homestead act to recognize inherent strengths of 
     small towns and rural communities--close-knit communities, 
     strong local business networks, and a tradition of 
     entrepreneurial creativity.
       (2) The Bleeding Kansas National Heritage Area reflects 
     traditions, customs, beliefs, folk life, or some combination 
     thereof, that are a valuable part of the heritage of the 
     United States.
       (3) The Bleeding Kansas National Heritage Area provides 
     outstanding opportunities to conserve natural, cultural, or 
     historic features, or some combination thereof.
       (4) The Bleeding Kansas National Heritage Area provides 
     outstanding recreational and interpretive opportunities.
       (5) The Bleeding Kansas National Heritage Area has an 
     identifiable theme, and resources important to the theme 
     retain integrity capable of supporting interpretation.
       (6) Residents, nonprofit organizations, other private 
     entities, and units of local government throughout the 
     Bleeding Kansas National Heritage Area demonstrate support 
     for designation of the Bleeding Kansas National Heritage Area 
     as a national heritage area and for management of the 
     Bleeding Kansas National Heritage Area as appropriate for 
     such designation.
       (7) Capturing these interconnected stories through 
     partnerships with National Park Service sites, Kansas State 
     Historical Society sites, local organizations, and citizens 
     will augment the story opportunities within the prospective 
     boundary for the educational and recreational benefit of this 
     and future generations of Americans.
       (8) Communities throughout this region know the value of 
     their Bleeding Kansas legacy, but require expansion of the 
     existing cooperative framework to achieve key preservation, 
     education, and other significant goals by working more 
     closely together.
       (9) The State of Kansas officially recognized the national 
     significance of the Bleeding Kansas story when it designated 
     the heritage area development as a significant strategic goal 
     within the statewide economic development plan.
       (10) Territorial Kansas Heritage Alliance is a nonprofit 
     corporation created for the purposes of preserving, 
     interpreting, developing, promoting and, making available to 
     the public the story and resources related to the story of 
     Bleeding Kansas and the Enduring Struggle for Freedom.
       (11) Territorial Kansas Heritage Alliance has completed a 
     study that--
       (A) describes in detail the role, operation, financing, and 
     functions of Territorial Kansas Heritage Alliance, the 
     management entity; and
       (B) provides adequate assurances that Territorial Kansas 
     Heritage Alliance, the management entity, is likely to have 
     the financial resources necessary to implement the management 
     plan for the Heritage Area, including resources to meet 
     matching requirement for grants.
       (12) There are at least 7 National Historic Landmarks, 32 
     National Register properties, 3 Kansas Register properties, 
     and 7 properties listed on the National Underground Railroad 
     Network to Freedom that contribute to the Heritage Area as 
     well as other significant properties that have not been 
     designated at this time.
       (13) There is an interest in interpreting all sides of the 
     Bleeding Kansas story that requires further work with several 
     counties in Missouri interested in joining the area.
       (14) In 2004, the State of Kansas is commemorating the 
     Sesquicentennial of the signing of the Kansas-Nebraska Act, 
     opening the territory to settlement.
       (b) Purposes.--The purposes of this Act are as follows:
       (1) To designate a region in eastern Kansas and western 
     Missouri containing nationally important natural, historic, 
     and cultural resources and recreational and educational 
     opportunities that are geographically assembled and 
     thematically related as areas that provide unique frameworks 
     for understanding the great and diverse character of the 
     United States and the development of communities and their 
     surroundings as the Bleeding Kansas National Heritage Area.
       (2) To strengthen, complement, and support the Fort Scott, 
     Brown v. Board of Education, Nicodemus and Tallgrass Prairie 
     sites through the interpretation and conservation of the 
     associated living landscapes outside of the boundaries of 
     these units of the National Park System.
       (3) To describe the extent of Federal responsibilities and 
     duties in regard to the Heritage Area.
       (4) To further collaboration and partnerships among 
     Federal, State, and local governments, nonprofit 
     organizations, and the private sector, or combinations 
     thereof, to conserve and manage the resources and 
     opportunities in the Heritage Area through grants, technical 
     assistance, training and other means.
       (5) To authorize Federal financial and technical assistance 
     to management entity to assist in the conservation and 
     interpretation of the Heritage Area.
       (6) To empower communities and organizations in Kansas to 
     preserve the special historic identity of Bleeding Kansas and 
     with it the identity of the Nation.
       (7) To provide for the management, preservation, 
     protection, and interpretation of the natural, historical, 
     and cultural resources within the region for the educational 
     and inspirational benefit of current and future generations.
       (8) To provide greater community capacity through inter-
     local cooperation.
       (9) To provide a vehicle, particularly in the four counties 
     with high out-migration of population, to recognize that 
     self-reliance and resilience will be the keys to their 
     economic future.
       (10) To build upon the Kansas rural development policy, the 
     Kansas agritourism initiative and the new homestead act to 
     recognize inherent strengths of small towns and rural 
     communities--close-knit communities, strong local business 
     networks, and a tradition of entrepreneurial creativity.
       (11) To educate and cultivate among its citizens, 
     particularly its youth, the stories and cultural resources of 
     the region's legacy that--
       (A) reflect the popular phrase ``Bleeding Kansas'' 
     describing the conflict over slavery that became nationally 
     prominent in Kansas just before and during the American Civil 
     War;
       (B) reflect the commitment of American settlers who first 
     fought and killed to uphold their different and 
     irreconcilable principles of freedom and equality during the 
     years of the Kansas Conflict;
       (C) reflect the struggle for freedom, experienced during 
     the ``Bleeding Kansas'' era, that continues to be a vital and 
     pressing issue associated with the real problem of democratic 
     nation building; and
       (D) recreate the physical environment revealing its impact 
     on agriculture, transportation, trade and business, and 
     social and cultural patterns in urban and rural settings.
       (12) To interpret the effect of the era's democratic ethos 
     on the development of America's distinctive political 
     culture.

     SEC. 3. DEFINITIONS.

        For the purposes of this Act:
       (1) Management entity.--The term ``management entity'' 
     means Territorial Kansas Heritage Alliance, recognized by the 
     Secretary, in consultation with the chief executive officer 
     of the State of Kansas, that agrees to perform the duties of 
     a local coordinating entity under this Act.
       (2) Heritage area.--The term ``Heritage Area'' means the 
     Bleeding Kansas and the Enduring Struggle for Freedom 
     National Heritage Area in eastern Kansas and western 
     Missouri.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (4) Unit of local government.--The term ``unit of local 
     government'' means the government of a State, a political 
     subdivision of a State, or an Indian tribe.

     SEC. 4. BLEEDING KANSAS AND THE ENDURING STRUGGLE FOR FREEDOM 
                   NATIONAL HERITAGE AREA.

       (a) Establishment.--There is established in the State of 
     Kansas the Bleeding Kansas and the Enduring Struggle for 
     Freedom National Heritage Area.
       (b) Boundaries.--The Heritage Area shall include the 
     following:
       (1) An area located in eastern Kansas and western Missouri, 
     consisting currently of Allen, Anderson, Bourbon, Cherokee, 
     Clay, Coffey, Crawford, Douglas, Franklin, Geary, Johnson, 
     Labette, Leavenworth, Linn, Miami, Neosho, Pottawatomie, 
     Riley, Shawnee, Wabaunsee, Wilson, Woodson, Wyandotte 
     Counties in Kansas and tentatively including additional 
     counties in Kansas and western Missouri to be included in the 
     development of the management plan.
       (2) Contributing sites, buildings, and districts within the 
     area will be recommended by the management plan.
       (c) Map.--Final boundary will be defined during the 
     management plan development. A

[[Page 4858]]

     map of the Heritage Area shall be included in the management 
     plan. The map shall be on file in the appropriate offices of 
     the National Park Service, Department of the Interior.
       (d) Management Entity.--The management entity for the 
     Heritage Area shall be Territorial Kansas Heritage Alliance, 
     a nonprofit organization established in the State of Kansas, 
     recognized by the Secretary, in consultation with the chief 
     executive officer of the State of Kansas, that agrees to 
     perform the duties of a local coordinating entity under this 
     Act.

     SEC. 5. AUTHORITIES, DUTIES, AND PROHIBITIONS OF THE 
                   MANAGEMENT ENTITY.

       (a) Authorities.--The management entity may, for purposes 
     of preparing and implementing the management plan, use funds 
     made available under this Act to--
       (1) prepare a management plan for the Heritage Area;
       (2) prepare reports, studies, interpretive exhibits and 
     programs, historic preservation projects, and other 
     activities recommended in the management plan for the 
     Heritage Area;
       (3) pay for operational expenses of the management entity 
     incurred within the first 10 fiscal years beginning after the 
     date of the enactment of this Act designating the Heritage 
     Area;
       (4) make grants or loans to entities defined in the 
     management plan;
       (5) enter into cooperative agreements with the State of 
     Kansas, its political subdivisions, nonprofit organizations, 
     and other organizations;
       (6) hire and compensate staff;
       (7) obtain money from any source under any program or law 
     to be used for a regrant program requiring the recipient of 
     such money to make a contribution in order to receive it;
       (8) contract for goods and services; and
       (9) offer a competitive grants program to contributing 
     partners requiring a dollar-for-dollar match of Federal 
     funds.
       (b) Duties of the Management Entity.--In addition to 
     developing the management plan, the management entity shall--
       (1) give priority to the implementation of actions, goals, 
     strategies, and standards set forth in the management plan, 
     including assisting units of government and other persons 
     in--
       (A) encouraging economic viability in the Heritage Area in 
     accordance with the goals of the management plan;
       (B) establishing interpretive exhibits in the Heritage 
     Area;
       (C) increasing public awareness of and appreciation for the 
     cultural, historical, and natural resources of the Heritage 
     Area;
       (D) supporting the restoration of historic buildings that 
     are--
       (i) located in the Heritage Area; and
       (ii) related to the themes of the Heritage Area;
       (E) the conservation of contributing landscapes and natural 
     resources; and
       (F) the installation throughout the Heritage Area of signs 
     identifying public access points and sites of interest;
       (2) prepare and implement the management plan while 
     considering the interests of diverse units of government, 
     businesses, private property owners, and nonprofit groups 
     within the Heritage Area;
       (3) conduct public meetings in conjunction with training 
     and skill building workshops regarding the development and 
     implementation of the management plan; and
       (4) for any fiscal year for which Federal funds are 
     received under this Act--
       (A) submit to the Secretary a report that describes, for 
     the year--
       (i) accomplishments of the management entity;
       (ii) expenses and income of the management entity;
       (iii) each entity to which a grant was made; and
       (iv) an accounting of matching funds obtained to meet grant 
     guidelines;
       (B) conduct an annual audit with a neutral auditing firm 
     and make available for audit by Congress, the Secretary, and 
     appropriate units of government, all records pertaining to 
     the expenditure of the funds and any matching funds; and
       (C) require, for all agreements authorizing expenditure of 
     Federal funds by any entity, that the receiving entity make 
     available for audit all records pertaining to the expenditure 
     of their funds.
       (c) Prohibition of Acquisition of Real Property.--The 
     management entity shall not use Federal funds received under 
     this Act to acquire real property or an interest in real 
     property.
       (d) Other Sources.--Nothing in this Act precludes the 
     management entity from using Federal funds from other sources 
     for authorized purposes.

     SEC. 6. MANAGEMENT PLAN.

       (a) Requirements.--The management entity shall:
       (1) Management plan.--Not later than 3 years after the date 
     funds are made available for this purpose, prepare and submit 
     a management plan reviewed by participating units of local 
     government within the boundaries of the proposed Heritage 
     Area.
       (2) Collaboration.--Collaborate with and consider the 
     interests of diverse units of government, businesses, tourism 
     officials, private property owners, and nonprofit groups 
     within the geographic area of the Heritage Area in developing 
     and implementing such a management plan.
       (3) Public involvement.--Ensure regular public involvement, 
     including public meetings at least annually, regarding the 
     implementation of the management plan.
       (b) Contents of Management Plan.--The management plan 
     prepared for the Heritage Area shall--
       (1) present a comprehensive program for the conservation, 
     interpretation, funding, management, and development of the 
     Heritage Area, in a manner consistent with the existing 
     local, State, and Federal land use laws and compatible 
     economic viability of the Heritage Area;
       (2) establish criteria or standards to measure what is 
     selected for conservation, interpretation, funding, 
     management, and development;
       (3) involve residents, public agencies, and private 
     organizations working in the Heritage Area;
       (4) specify and coordinate, as of the date of the 
     management plan, existing and potential sources of technical 
     and financial assistance under this and other Federal laws to 
     protect, manage, and develop the Heritage Area; and
       (5) include--
       (A) actions to be undertaken by units of government and 
     private organizations to protect, conserve, and interpret the 
     resources of the Heritage Area;
       (B) an inventory of the resources contained in the Heritage 
     Area, including a list of any property in the Heritage Area 
     that is related to the themes of the Heritage Area and that 
     meets the establishing criteria (such as, but not exclusive 
     to, visitor readiness) to merit preservation, restoration, 
     management, development, or maintenance because of its 
     natural, cultural, historical, or recreational significance;
       (C) policies for resource management including the 
     development of intergovernmental cooperative agreements, 
     private sector agreements, or any combination thereof, to 
     protect the historical, cultural, recreational, and natural 
     resources of the Heritage Area in a manner consistent with 
     supporting appropriate and compatible economic viability;
       (D) a program for implementation of the management plan by 
     the designated management entity, in cooperation with its 
     partners and units of local government;
       (E) evidence that relevant State, county, and local plans 
     applicable to the Heritage Area have been taken into 
     consideration;
       (F) an analysis of ways in which local, State, and Federal 
     programs may best be coordinated to promote the purposes of 
     this Act; and
       (G) a business plan that--
       (i) describes in detail the role, operation, financing, and 
     functions of the management entity for each activity included 
     in the recommendations contained in the management plan; and
       (ii) provides, to the satisfaction of the Secretary, 
     adequate assurances that the management entity is likely to 
     have the financial resources necessary to implement the 
     management plan for the Heritage Area, including resources to 
     meet matching requirement for grants awarded under this Act.
       (c) Public Notice.--The management entity shall place a 
     notice of each of its public meetings in a newspaper of 
     general circulation in the Heritage Area and shall make the 
     minutes of the meeting available to the public.
       (d) Disqualification From Funding.--If a proposed 
     management plan is not submitted to the Secretary within 4 
     years of the date of the enactment of this Act, the 
     management entity shall be ineligible to receive additional 
     funding under this title until the date on which the 
     Secretary receives the proposed management plan.
       (e) Approval and Disapproval of Management Plan.--The 
     Secretary shall approve or disapprove the proposed management 
     plan submitted under this title not later than 90 days after 
     receiving such proposed management plan.
       (f) Action Following Disapproval.--If the Secretary 
     disapproves a proposed management plan, the Secretary shall 
     advise the management entity in writing of the reasons for 
     the disapproval and shall make recommendations for revisions 
     to the proposed management plan. The Secretary shall approve 
     or disapprove a proposed revision within 90 days after the 
     date it is submitted.
       (g) Approval of Amendments.--The Secretary shall review and 
     approve substantial amendments to the management plan. Funds 
     appropriated under this title may not be expended to 
     implement any changes made by such amendment until the 
     Secretary approves the amendment.

     SEC. 7. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER FEDERAL 
                   AGENCIES.

       (a) Technical and Financial Assistance.--
       (1) In general.--On the request of the management entity, 
     the Secretary may provide technical and financial assistance 
     for the development and implementation of the management 
     plan.
       (2) Priority for assistance.--In providing assistance under 
     paragraph (1), the Secretary shall give priority to actions 
     that assist in--

[[Page 4859]]

       (A) conserving the significant cultural, historic, and 
     natural resources of the Heritage Area; and
       (B) providing educational, interpretive, and recreational 
     opportunities consistent with the purposes of the Heritage 
     Area.
       (3) Spending for non-federal property.--The management 
     entity may expend Federal funds made available under this Act 
     on non-Federal property that--
       (A) meets the criteria in the approved management plan; or
       (B) is listed or eligible for listing on the National 
     Register of Historic Places.
       (4) Other assistance.--The Secretary may enter into 
     cooperative agreements with public and private organizations 
     to carry out this subsection.
       (b) Other Federal Agencies.--Any Federal entity conducting 
     or supporting an activity that directly affects the Heritage 
     Area shall--
       (1) consider the potential effect of the activity on the 
     purposes of the Heritage Area and the management plan;
       (2) consult with the management entity regarding the 
     activity; and
       (3) to the maximum extent practicable, conduct or support 
     the activity to avoid adverse effects on the Heritage Area.
       (c) Other Assistance not Affected.--This Act does not 
     affect the authority of any Federal official to provide 
     technical or financial assistance under any other law.
       (d) Notification of Other Federal Activities.--The head of 
     each Federal agency shall provide to the Secretary and the 
     management entity, to the extent practicable, advance notice 
     of all activities that may have an impact on the Heritage 
     Area.

     SEC. 8. PRIVATE PROPERTY PROTECTION.

       (a) Access to Private Property.--Nothing in this Act shall 
     be construed to require any private property owner to permit 
     public access (including Federal, State, or local government 
     access) to such private property. Nothing in this Act shall 
     be construed to modify any provision of Federal, State, or 
     local law with regard to public access to or use of private 
     lands.
       (b) Liability.--Designation of the Heritage Area shall not 
     be considered to create any liability, or to have any effect 
     on any liability under any other law, of any private property 
     owner with respect to any persons injured on such private 
     property.
       (c) Recognition of Authority to Control Land Use.--Nothing 
     in this Act shall be construed to modify any authority of 
     Federal, State, or local governments to regulate land use.
       (d) Participation of Private Property Owners in Heritage 
     Areas.--Nothing in this Act shall be construed to require the 
     owner of any private property located within the boundaries 
     of the Heritage Area to participate in or be associated with 
     the Heritage Area.
       (e) Land Use Regulation.--
       (1) In general.--The management entity shall provide 
     assistance and encouragement to State and local governments, 
     private organizations, and persons to protect and promote the 
     resources and values of the Heritage Area.
       (2) Effect.--Nothing in this Act--
       (A) affects the authority of the State or local governments 
     to regulate under law any use of land; or
       (B) grants any power of zoning or land use to the 
     management entity.
       (f) Private Property.--
       (1) In general.--The management entity shall be an advocate 
     for land management practices consistent with the purposes of 
     the Heritage Area.
       (2) Effect.--Nothing in this Act--
       (A) abridges the rights of any person with regard to 
     private property;
       (B) affects the authority of the State or local government 
     regarding private property; or
       (C) imposes any additional burden on any property owner.

     SEC. 9. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY.

       (a) Notification and Consent of Property Owners Required.--
     No privately owned property shall be governed by the 
     management plan for the Heritage Area until the owner of that 
     private property has been notified in writing by the 
     management entity and has given written consent for such 
     inclusion to the management entity.
       (b) Landowner Withdraw.--Any owner of private property 
     included within the boundary of the Heritage Area, and not 
     notified under subsection (a), shall have their property 
     immediately removed from the boundary by submitting a written 
     request to the management entity.

     SEC. 10. SAVINGS PROVISIONS.

       (a) Rules, Regulations, Standards, and Permit Processes.--
     Nothing in this Act shall be construed to impose any 
     environmental, occupational, safety, or other rule, 
     regulation, standard, or permit process in the Heritage Area 
     that is different from those that would be applicable if the 
     Heritage Area had not been established.
       (b) Water and Water Rights.--Nothing in this Act shall be 
     construed to authorize or imply the reservation or 
     appropriation of water or water rights.
       (c) No Diminishment of State Authority.--Nothing in this 
     Act shall be construed to diminish the authority of the State 
     to manage fish and wildlife, including the regulation of 
     fishing and hunting within the Heritage Area.
       (d) Existing National Heritage Areas.--Nothing in this Act 
     shall affect any national heritage area so designated before 
     the date of the enactment of this Act.

     SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated to 
     carry out this Act $10,000,000, of which not more than 
     $1,000,000 may be authorized to be appropriated for any 
     fiscal year.
       (b) Cost-Sharing Requirement.--The Federal share of the 
     total cost of any activity assisted under this Act shall be 
     not more than 50 percent.

     SEC. 12. TERMINATION OF AUTHORITY.

        The authority of the Secretary to provide assistance under 
     this Act terminates on the date that is 10 years after the 
     date of the enactment of this Act.

  Mr. ROBERTS. Mr. President, I am pleased to introduce, along with my 
distinguished colleague Senator Brownback, a bill designating the 
Bleeding Kansas and the Enduring Struggle for Freedom National Heritage 
Area. This project has joined communities throughout eastern Kansas in 
an effort to document, preserve and celebrate Kansas' significant role 
in the political struggle that led to the Civil War and in other 
historic struggles for equality that took place in our state.
  Designated by Congress, National Heritage Areas are places where 
natural, cultural, historic and recreational resources combine to form 
complete and distinct landscape. Our State, which has a proud heritage 
and compelling story, will benefit from this national designation that 
helps preserve and celebrate America's defining landscapes. By 
enhancing and developing historic sites throughout eastern Kansas, we 
will ensure that the traditions that evolved there are preserved.
  During the Civil War, William Quantrill, the head of an infamous gang 
of Confederate sympathizers, led a raid on Lawrence, KS. Though far 
from the main campaigns, this massacre caused Bleeding Kansas to become 
a prominent symbol in the fight for the freedom of all people, and the 
territory would become a battleground over the question of slavery. 
After these attacks, the abolitionist senator Charles Sumner delivered 
his famous speech called ``The Crime Against Kansas,'' in which he 
brought the escalating situation into sharper focus for the Nation.
  Almost 100 years later, Kansas became the battleground once again, as 
Oliver L. Brown fought to prove that separate among the people of this 
great Nation is not equal. In fact, we will soon celebrate the 50th 
anniversary of the Brown v. Topeka Board of Education Supreme Court 
decision, which was a landmark victory in the civil rights movement. 
These are but two of the many stories that will make up this heritage 
area, marking an important era in our Nation's history.
  I'd like to commend the Lawrence City Commission, the Douglas County 
Commission, and the Lawrence Chamber of Commerce, who have worked 
diligently on Federal heritage area designation. And I encourage the 
Senate's swift passage of this important piece of legislation.
                                 ______
                                 
      By Mr. BURNS (for himself, Mr. Baucus, and Mr. Campbell):
  S. 2225. A bill to authorize an exchange of mineral rights by the 
Secretary of the Interior in the State of Montana; to the Committee on 
Energy and Natural Resources.
  Mr. BAUCUS. Mr. President, I am pleased to introduce today the 
Montana Mineral Exchange Act with Senators Burns and Campbell.
  This bill will enable the Northern Cheyenne Tribe and eastern Montana 
to create jobs and provide a shot in the arm for a local economy that 
has been creative in forging its own destiny.
  The Montana Mineral Exchange Act is the result of years of working 
together. President Geri Small has been a true advocate for the 
Northern Cheyenne Tribe as she has worked tirelessly on this project 
for years.
  The Montana Mineral Exchange Act is a positive step forward in 
creating good-paying jobs and boosting economic development in Montana. 
This

[[Page 4860]]

shows what Montana can do when we--the congressional delegation, the 
governor's office, the private sector, and the Northern Cheyenne--work 
together to develop our resources while creating jobs and protecting 
our quality of life. Development of this high-quality coal will allow 
Montana to move forward economically and compete with other energy 
producing states for jobs and market share. I'm glad I could work 
together with Governor Martz, Senator Burns, Congressman Rehberg, 
Senator Campbell and all of the parties involved to make this bill 
happen.
                                 ______
                                 
      By Mr. CORZINE:
  S. 2226. A bill to extend the period for COBRA coverage for 
recipients of trade adjustment assistance; to the Committee on Health, 
Education, Labor, and Pensions.
  Mr. CORZINE. Mr. President, I rise today to introduce legislation to 
ensure that displaced workers whose jobs have moved overseas have 
access to affordable health care coverage.
  Under the Trade Assistance Adjustment Act, unemployed workers who 
have seen their manufacturing jobs shipped overseas are eligible for 
Federal subsidies to help them maintain their employer-based health 
coverage through COBRA. Unfortunately, while these workers have access 
to these Federal subsidies for 24 months, they only have access to 
COBRA coverage for 18 months. This discrepancy means that displaced 
workers are unable to fully utilize these subsidies. Indeed, the 
discrepancy creates the anomalous situation in which displaced workers 
can remain in their COBRA plan for 18 months, using the Federal subsidy 
to help defray their costs, but once their COBRA coverage runs out, 
they have six additional months of Federal subsidy available but lose 
their existing health coverage. This leaves them no choice but to seek 
coverage in the expensive individual market where they are not 
guaranteed coverage and where their subsidy may not be sufficient to 
help them afford coverage.
  My legislation would fix this problem by making COBRA coverage 
available for the full 24 months that the subsidy is available. This 
will ensure that displaced workers can take full advantage of the 
assistance that Congress made available to them in 2002.
  As more and more Americans see their jobs outsourced overseas, many 
struggle to provide health insurance for their families. We have lost 
3,000 manufacturing jobs in February alone and have lost a total of 2.8 
million since 2000. Congress took a critical step in authorizing 
Federal assistance for those who have lost these jobs. Now we must 
ensure that displaced workers have access to health coverage so that 
they can utilize this assistance. My legislation will ensure this.
  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. 2226

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

     SECTION 1. EXTENSION OF COBRA COVERAGE PERIOD FOR TAA-
                   ELIGIBLE INDIVIDUALS.

       (a) ERISA.--Section 605(b) of the Employee Retirement 
     Income Security Act of 1974 (29 U.S.C. 1165(b)) is amended--
       (1) in the subsection heading, by inserting ``and 
     Coverage'' after ``Election''; and
       (2) in paragraph (2)--
       (A) in the paragraph heading, by inserting ``and period'' 
     after ``Commencement'';
       (B) by striking ``and shall'' and inserting ``, shall''; 
     and
       (C) by inserting ``, and in no event shall the maximum 
     period required under section 602(2)(A) be less than the 
     period during which the individual is a TAA-eligible 
     individual'' before the period at the end.
       (b) Internal Revenue Code of 1986.--Section 4980B(f)(5)(C) 
     of the Internal Revenue Code of 1986 is amended--
       (1) in the subparagraph heading, by inserting ``and 
     coverage'' after ``election''; and
       (2) in clause (ii)--
       (A) in the clause heading, by inserting ``and period'' 
     after ``Commencement'';
       (B) by striking ``and shall'' and inserting ``, shall''; 
     and
       (C) by inserting ``, and in no event shall the maximum 
     period required under paragraph (2)(B)(i) be less than the 
     period during which the individual is a TAA-eligible 
     individual'' before the period at the end.
       (c) Public Health Service Act.--Section 2205(b) of the 
     Public Health Service Act (42 U.S.C. 300bb-5(b)) is amended--
       (1) in the subsection heading, by inserting ``and 
     Coverage'' after ``Election''; and
       (2) in paragraph (2)--
       (A) in the paragraph heading, by inserting ``and period'' 
     after ``Commencement'';
       (B) by striking ``and shall'' and inserting ``, shall''; 
     and
       (C) by inserting ``, and in no event shall the maximum 
     period required under section 2202(2)(A) be less than the 
     period during which the individual is a TAA-eligible 
     individual'' before the period at the end.
       (d) Retroactive Effective Date.--The amendments made by 
     this section shall take effect as if included in the 
     enactment of the Trade Act of 2002 (Public Law 107-210; 116 
     Stat. 933).
                                 ______
                                 
      By Mr. BIDEN (for himself, Mr. Hollings, Mrs. Murray, Mr. Smith, 
        and Mr. Allen):
  S. 2227. A bill to prevent and punish counterfeiting and copyright 
piracy, and for other purposes; to the Committee on the Judiciary.
  Mr. BIDEN. Mr. President, I rise today to introduce the Anticoun-
terfeiting Act of 2004, along with Senators Murray, Hollings, Smith, 
and Allen.
  Two years ago, I held a hearing entitled, ``Theft of American 
Intellectual Property: Fighting Crime Abroad and At Home,'' and I 
issued a report on the status of our fight against this crime. Today, I 
attended a hearing chaired by Senator Specter on a similar topic, again 
driving home for me the serious problems encountered in today's world 
by American intellectual property.
  What I have learned is that every day, thieves steal millions of 
dollars of American intellectual property from its rightful owners. 
Over a hundred thousand American jobs are lost as a result.
  American innovation and creativity need to be protected by our 
government no less than our personal property, our homes and our 
streets. The Founding Fathers had the foresight to provide for 
protection of intellectual property, giving Congress the power to 
``promote the progress of science and useful arts'' by providing 
copyrights and patents.
  American intellectual property represents the largest single sector 
of the American economy, employing 4.7 million Americans. It has been 
estimated that software piracy alone cost the U.S. economy over 118,000 
jobs and $5.7 billion in wage losses in the year 2000. Even more, the 
International Planning and Research Corporation estimates that the 
government loses more than a billion dollars worth of revenue every 
year from intellectual property theft.
  To put that in perspective, with a billion dollars in additional 
revenue, the American government could pay for child care services for 
more than 100,000 children annually. Alternatively, $1 billion could be 
used to fund a Senate proposal to assist schools nationally with 
emergency school renovations and repairs.
  There is another problem. Counterfeiters of software, music CDs and 
motion pictures are now tampering with authentication features. 
Holograms, certificates of authenticity, watermarks and other security 
features allow the copyright owners to distinguish genuine works from 
counterfeits. But now, highly sophisticated counterfeiters have found 
ways to tamper with these features to make counterfeit products appear 
genuine and to increase the selling price of genuine products and 
licenses. Put another way, not only do crooks illegally copy American 
intellectual property, they also now illegally fake or steal the very 
features property owners use to prevent that theft.
  Copyrights mean nothing if government authorities fail to enforce the 
protections they provide intellectual property owners. The criminal 
code has not kept up with the counterfeiting operations of today's 
high-tech pirates, and it's time to make sure that it does. The 
Anticounterfeiting Act of 2004 updates and strengthens the Federal 
criminal code, which currently makes

[[Page 4861]]

it a crime to traffic in counterfeit labels or copies of certain forms 
of intellectual property, but not authentication features. For example, 
we can currently prosecute someone for trafficking in fake labels for a 
computer program, but we cannot go after them for faking the hologram 
that the software maker uses to ensure that copies of the software are 
genuine.
  In addition, many actions that violate current law go unprosecuted in 
this day and age when priorities, such as the fight against terrorism 
and life-threatening crimes, necessarily take priority over crimes of 
property, be they intellectual or physical. Moreover, the victims of 
this theft often do not have a way to recover their losses from this 
crime. For this reason, the Anticounterfeiting Act of 2004 also 
provides a private cause of action, to permit the victims of these 
crimes to pursue the criminals themselves and recover damages in 
federal court.
  Current law criminalizes trafficking in counterfeit documentation and 
packaging, but only for software programs. The Anticounterfeiting Act 
of 2003 updates and expands these provisions to include documentation 
and packaging for phonorecords, motion pictures, other audiovisual 
works, and copies of other copyrighted works.
  The existing provision with regard to counterfeiting addresses 
certain items of intellectual property, including motion pictures, 
software, and pho-
norecords. The Anticounterfeiting Act of 2004 updates the coverage of 
this statute to include other copyrighted works, such as books. As 
published books and ebooks begin to be subject to the piracy already 
witnessed by motion picture, softward and recording industries, they 
need the same protection.
  This issue is not going way; to the contrary, it is growing, and 
Congress continues to focus on potential solutions, as evidenced by 
today's hearing in the Senate Judiciary Committee, and an upcoming 
hearing in the Foreign Relations Committee. The 2002 version of this 
bill did not manage to secure passage and enactment into law, but there 
is reason for optimism that this year its fate will be different. 
America's content providers, and the many jobs that depend on them, 
could certainly use the help.
  America is a place where we must encourage diverse ideas, and with 
that encouragement we must protect those ideas. They are the source of 
our music, our art, our novels, our movies, our software, our products, 
all that is American culture and American know-how. The 
Anticounterfeiting Act of 2004 gives our ideas the protection they 
deserve.
  I ask unanimous consent that the text of this bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2227

       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 ``Anticounterfeiting Act of 
     2004''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) American innovation, and the protection of that 
     innovation by the government, has been a critical component 
     of the economic growth of this Nation throughout the history 
     of the Nation;
       (2) copyright-based industries represent one of the most 
     valuable economic assets of this country, contributing over 5 
     percent of the gross domestic product of the United States 
     and creating significant job growth and tax revenues;
       (3) the American intellectual property sector employs 
     approximately 4,300,000 people, representing over 3 percent 
     of total United States employment;
       (4) the proliferation of organized criminal counterfeiting 
     enterprises threatens the economic growth of United States 
     copyright industries;
       (5) the American intellectual property sector has invested 
     millions of dollars to develop highly sophisticated 
     authentication features that assist consumers and law 
     enforcement in distinguishing genuine intellectual property 
     products and packaging from counterfeits;
       (6) in order to thwart these industry efforts, 
     counterfeiters traffic in, and tamper with, genuine 
     authentication features, for example, by obtaining genuine 
     authentication features through illicit means and then 
     commingling these features with counterfeit software or 
     packaging;
       (7) Federal law does not provide adequate civil and 
     criminal remedies to combat tampering activities that 
     directly facilitate counterfeiting crimes; and
       (8) in order to strengthen Federal enforcement against 
     counterfeiting of copyrighted works, Congress must enact 
     legislation that--
       (A) prohibits trafficking in, and tampering with, 
     authentication features of copyrighted works; and
       (B) permits aggrieved parties an appropriate civil cause of 
     action.

     SEC. 3. PROHIBITION AGAINST TRAFFICKING IN ILLICIT 
                   AUTHENTICATION FEATURES.

       (a) In General.--Section 2318 of title 18, United States 
     Code, is amended--
       (1) by striking the heading and inserting ``TRAFFICKING IN 
     COUNTERFEIT LABELS, ILLICIT AUTHENTICATION FEATURES, OR 
     COUNTERFEIT DOCUMENTATION OR PACKAGING'';
       (2) by striking subsection (a) and inserting the following:
       ``(a) Whoever, in any of the circumstances described in 
     subsection (c), knowingly traffics in--
       ``(1) a counterfeit label affixed to, or designed to be 
     affixed to--
       ``(A) a phonorecord;
       ``(B) a copy of a computer program;
       ``(C) a copy of a motion picture or other audiovisual work; 
     or
       ``(D) documentation or packaging;
       ``(2) an illicit authentication feature affixed to or 
     embedded in, or designed to be affixed to or embedded in--
       ``(A) a phonorecord;
       ``(B) a copy of a computer program;
       ``(C) a copy of a motion picture or other audiovisual work; 
     or
       ``(D) documentation or packaging; or
       ``(3) counterfeit documentation or packaging, shall be 
     fined under this title or imprisoned for not more than 5 
     years, or both.'';
       (3) in subsection (b)--
       (A) in paragraph (2), by striking ``and'' at the end;
       (B) in paragraph (3)--
       (i) by striking ``and `audiovisual work' have'' and 
     inserting the following: ``, `audiovisual work', and 
     `copyright owner' have''; and
       (ii) by striking the period at the end and inserting a 
     semicolon; and
       (C) by adding at the end the following:
       ``(4) the term `authentication feature' means any hologram, 
     watermark, certification, symbol, code, image, sequence of 
     numbers or letters, or other physical feature that either 
     individually or in combination with another feature is used 
     by the respective copyright owner to verify that a 
     phonorecord, a copy of a computer program, a copy of a motion 
     picture or other audiovisual work, or documentation or 
     packaging is not counterfeit or otherwise infringing of any 
     copyright;
       ``(5) the term `documentation or packaging' means 
     documentation or packaging for a phonorecord, copy of a 
     computer program, or copy of a motion picture or other 
     audiovisual work; and
       ``(6) the term `illicit authentication feature' means an 
     authentication feature, that--
       ``(A) without the authorization of the respective copyright 
     owner has been tampered with or altered so as to facilitate 
     the reproduction or distribution of--
       ``(i) a phonorecord;
       ``(ii) a copy of a computer program;
       ``(iii) a copy of a motion picture or other audiovisual 
     work; or
       ``(iv) documentation or packaging;
     in violation of the rights of the copyright owner under title 
     17;
       ``(B) is genuine, but has been distributed, or is intended 
     for distribution, without the authorization of the respective 
     copyright owner; or
       ``(C) appears to be genuine, but is not.'';
       (4) in subsection (c)--
       (A) by striking paragraph (3) and inserting the following:
       ``(3) the counterfeit label or illicit authentication 
     feature is affixed to, is embedded in, or encloses, or is 
     designed to be affixed to, to be embedded in, or to enclose--
       ``(A) a phonorecord of a copyrighted sound recording;
       ``(B) a copy of a copyrighted computer program;
       ``(C) a copy of a copyrighted motion picture or other 
     audiovisual work; or
       ``(D) documentation or packaging; or''; and
       (B) in paragraph (4), by striking ``for a computer 
     program'';
       (5) in subsection (d)--
       (A) by inserting ``or illicit authentication features'' 
     after ``counterfeit labels'' each place it appears;
       (B) by inserting ``or illicit authentication features'' 
     after ``such labels''; and
       (C) by inserting before the period at the end the 
     following: ``, and of any equipment, device, or materials 
     used to manufacture, reproduce, or assemble the counterfeit 
     labels or illicit authentication features''; and
       (6) by adding at the end the following:
       ``(f) Civil Remedies for Violation.--
       ``(1) In general.--Any copyright owner who is injured by a 
     violation of this section or is threatened with injury, may 
     bring a

[[Page 4862]]

     civil action in an appropriate United States district court.
       ``(2) Discretion of court.--In any action brought under 
     paragraph (1), the court--
       ``(A) may grant 1 or more temporary or permanent 
     injunctions on such terms as the court determines to be 
     reasonable to prevent or restrain violations of this section;
       ``(B) at any time while the action is pending, may order 
     the impounding, on such terms as the court determines to be 
     reasonable, of any article that is in the custody or control 
     of the alleged violator and that the court has reasonable 
     cause to believe was involved in a violation of this section; 
     and
       ``(C) may award to the injured party--
       ``(i) reasonable attorney fees and costs; and
       ``(ii)(I) actual damages and any additional profits of the 
     violator, as provided by paragraph (3); or

       ``(II) statutory damages, as provided by paragraph (4).

       ``(3) Actual damages and profits.--
       ``(A) In general.--The injured party is entitled to 
     recover--
       ``(i) the actual damages suffered by the injured party as a 
     result of a violation of this section, as provided by 
     subparagraph (B); and
       ``(ii) any profits of the violator that are attributable to 
     a violation of this section and are not taken into account in 
     computing the actual damages.
       ``(B) Calculation of damages.--The court shall calculate 
     actual damages by multiplying--
       ``(i) the value of the phonorecords or copies to which 
     counterfeit labels, illicit authentication features, or 
     counterfeit documentation or packaging were affixed or 
     embedded, or designed to be affixed or embedded; by
       ``(ii) the number of phonorecords or copies to which 
     counterfeit labels, illicit authentication features, or 
     counterfeit documentation or packaging were affixed or 
     embedded, or designed to be affixed or embedded, unless such 
     calculation would underestimate the actual harm suffered by 
     the copyright owner.
       ``(C) Definition.--For purposes of this paragraph, the term 
     `value of the phonorecord or copy' means--
       ``(i) the retail value of an authorized phonorecord of a 
     copyrighted sound recording;
       ``(ii) the retail value of an authorized copy of a 
     copyrighted computer program; or
       ``(iii) the retail value of a copy of a copyrighted motion 
     picture or other audiovisual work.
       ``(4) Statutory damages.--The injured party may elect, at 
     any time before final judgment is rendered, to recover, 
     instead of actual damages and profits, an award of statutory 
     damages for each violation of this section in a sum of not 
     less than $2,500 or more than $25,000, as the court considers 
     appropriate.
       ``(5) Subsequent violation.--The court may increase an 
     award of damages under this subsection by 3 times the amount 
     that would otherwise be awarded, as the court considers 
     appropriate, if the court finds that a person has 
     subsequently violated this section within 3 years after a 
     final judgment was entered against that person for a 
     violation of this section.
       ``(6) Limitation on actions.--A civil action may not be 
     commenced under this section unless it is commenced within 3 
     years after the date on which the claimant discovers the 
     violation.
       ``(g) Other Rights Not Affected.--Nothing in this section 
     shall enlarge, diminish, or otherwise affect liability under 
     section 1201 or 1202 of title 17.''.
       (b) Technical and Conforming Amendment.--The item relating 
     to section 2318 in the table of sections at the beginning of 
     chapter 113 of title 18, United States Code, is amended by 
     inserting ``or illicit authentication features'' after 
     ``counterfeit labels''.

                          ____________________