[Congressional Record (Bound Edition), Volume 150 (2004), Part 7]
[Senate]
[Pages 9651-9660]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. NELSON of Nebraska (for himself and Ms. Collins):
  S. 2426. A bill to amend title XVIII of the Social Security Act to 
clarify the treatment of payment under the medicare program for 
clinical laboratory tests furnished by critical access hospitals; to 
the Committee on Finance.
  Mr. NELSON of Nebraska. Mr. President, today I introduce legislation 
that will overturn a new regulation that is putting critical access 
hospitals (CAH) at risk by arbitrarily lowering the Medicare 
reimbursement for laboratory services. Sixty rural hospitals in 
Nebraska will be negatively impacted unless this legislation is 
reversed.
  This legislation would repeal a Center for Medicare and Medicaid 
Services' (CMS) regulation that would prohibit critical access 
hospitals from being reimbursed at-cost for laboratory services, unless 
patients are ``physically present in a critical access hospital'' when 
laboratory specimens are collected. Many CAHs provide laboratory 
services in rural health clinics (RHCs) and nursing homes in smaller, 
neighboring communities, as well as in home-health settings; however, 
the elimination of cost-based reimbursements may make it prohibitive 
for them to continue offering off-site laboratory testing. In short, 
under the new regulation, lab services would not be reimbursed by CMS 
unless the patient is at the facility where testing will occur.
  This change jeopardizes rural Americans' access to care by imposing 
an additional burden on the frail elderly by requiring them to visit 
the hospital to get simple lab tests done. The additional time and 
expense incurred by the patient is unnecessary if the CAH is willing 
and able to conduct tests at the point of patient care and transport it 
back to the hospital for analysis.
  Congress created the CAH program in 1997 to ensure that those in 
isolated, rural communities have access to health care. To protect the 
viability of these hospitals, often a community's only source of vital 
health care services, Congress established cost-based reimbursement for 
Medicare inpatient and outpatient services--regardless of where the 
services are provided. The new regulation would fundamentally alter 
this well-established practice.
  We have tried to work with CMS to change the rule. In November of 
2003, I was joined by 28 Senators in a bipartisan letter to the 
Administrator of CMS asking for his assistance in constructing a rule 
that does not penalize CAHs for offering off-site laboratory services. 
Unfortunately, CMS responded that the rule would stay intact.
  I am pleased to be joined in this effort by Senator Susan Collins. 
Senator Collins has been a strong advocate for rural health care, and I 
look forward to working together on this legislation.
  The Nebraska critical access hospitals affected by the regulation 
are:

       Harlan County Health System in Alma, Fillmore County 
     Hospital in Geneva, Pawnee County Memorial Hospital in Pawnee 
     City, Niobrara Valley Hospital Corporation in Lynch, Thayer 
     County Health Services in Hebron, Kimball County Hospital in 
     Kimball, Kearney County Health Services/Hospital in Minden, 
     Saunders County Health Services in Wahoo, Henderson Health 
     Care Services in Henderson, Community Memorial Hospital in 
     Syracuse, Garden County Hospital & Nursing Home in Oshkosh, 
     Franklin County Memorial Hospital in Franklin, Genoa 
     Community Hospital in Genoa.
       Gothenburg Memorial Hospital in Gothenburg, Annie Jeffrey 
     Memorial County Health Center in Osceola, Brodstone Memorial 
     Nuckolls County Hospital in Superior, Webster County 
     Community Hospital in Red Cloud, Tilden Community Hospital in 
     Tilden, Morrill County Community Hospital in Bridgeport, 
     Jefferson Community Health Center in Fairbury, Memorial 
     Hospital in Aurora, Oakland Memorial Hospital in Oakland, St. 
     Francis Memorial Hospital in West Point.
       Alegent Health Memorial Hospital in Schuyler, Nemaha County 
     Hospital in Auburn, Brown County Hospital in Ainsworth, 
     Antelope Memorial Hospital in Neligh, Cozad Community 
     Hospital in Cozad, Litzenberg Memorial County Hospital in 
     Central City, Avera St. Anthony's Hospital in O'Neill, Warren 
     Memorial Hospital in Friend, Creighton Area Health Services 
     in Creighton, Butler County Health Care Center in David City, 
     Rock County Hospital in Bassett, Boone County Health Center 
     in Albion, Callaway District Hospital in Callaway, York 
     General Hospital in York.
       Howard County Community Hospital in St. Paul, Memorial 
     Hospital CAH in Seward, Dundy County Hospital in Benkelman, 
     Chadron Community Hospital Health Services in Chadron, St. 
     Mary's Hospital in Nebraska City, West Holt Memorial Hospital 
     in Atkinson, Cherry County Hospital in Valentine, Providence 
     Medical Center in Wayne, Plainview Public Hospital in 
     Plainview, Osmond General Hospital in Osmond, Tri Valley 
     Health System in Cambridge, Pender Community Hospital in 
     Pender.
       Johnson County Hospital in Tecumseh, Chase County Community 
     Hospital in Imperial, Community Medical Center in Falls City, 
     Valley County Hospital in Ord, Crete Area Medical Center in 
     Crete, Ogallala Community Hospital in Ogallala, Perkins 
     County Health Services in Grant, Memorial Health Center in 
     Sidney, Gordon Memorial Hospital District in Gordon, Memorial 
     Community Hospital in Blair, Box Butte General Hospital in 
     Alliance.
                                 ______
                                 
      By Mr. FEINGOLD:
  S. 2427. A bill to amend title 10, United States Code, to improve 
transition assistance provided for members of the armed forces being 
discharged, release from active duty, or retired, and for other 
purposes; to the Committee on Armed Services.
  Mr. FEINGOLD. Mr. President, today I am introducing legislation that 
will enhance and strengthen transition services that are provided to 
our military personnel.

[[Page 9652]]

  This past weekend, people around our country honored our military 
personnel by marking Armed Forces Day. That day was even more poignant 
this year as we recognize the service and sacrifice of the thousands of 
brave men and women who are currently in harm's way in Iraq, 
Afghanistan, and elsewhere around the globe. These men and women serve 
with distinction and honor, and we owe them our heartfelt gratitude.
  We also owe them our best effort to ensure that they receive the 
benefits to which their service in our Armed Forces has entitled them. 
I have heard time and again from military personnel and veterans who 
are frustrated with the system by which they apply for benefits or 
appeal claims for benefits. I have long been concerned that tens of 
thousands of our veterans are unaware of Federal health care and other 
benefits for which they may be eligible, and I have undertaken numerous 
legislative and oversight efforts to ensure that the Department of 
Veterans Affairs makes outreach to our veterans and their families a 
priority. Our brave veterans have earned these benefits, and VA 
outreach regarding health care and other benefits is especially 
important as we welcome home a new generation of veterans who are 
serving in Iraq and in the fight against terrorism. Our veterans and 
their families have made great personal sacrifices to protect our 
freedoms. We owe them a great debt of gratitude. Making sure that our 
veterans know about the benefits that they have earned is an important 
first step in starting to repay this debt.
  While we should do more to support our veterans, we must also ensure 
that the men and women who are currently serving in our Armed Forces 
receive adequate pay and benefits, as well as services that help them 
to make the transition from active duty to civilian life. I am 
concerned that we are not doing enough to support our men and women in 
uniform as they prepare to retire or otherwise separate from the 
service or, in the case of members of our National Guard and Reserve, 
to demobilize from active duty assignments and return to their civilian 
lives while staying in the military or preparing to separate from the 
military. We must ensure that their service and sacrifice, which is 
much lauded during times of conflict, is not forgotten once the battles 
have ended and our troops have come home.
  My bill, the Veterans Enhanced Transition Services Act (VETS Act), 
will help to ensure that all military personnel have access to the same 
transition services as they prepare to leave the military to reenter 
civilian life, or, in the case of members of the National Guard and 
Reserve, as they prepare to demobilize from active duty assignments and 
return to their civilian lives and jobs or education while remaining in 
the military.
  I have heard from a number of Wisconsinites and military and veterans 
service organizations that our men and women in uniform do not all have 
access to the same transition counseling and medical services as they 
are demobilizing from service in Iraq, Afghanistan, and elsewhere. I 
have long been concerned about reports of uneven provision of services 
from base to base and from service to service. All of our men and women 
in uniform have pledged to serve our country, and all of them, at the 
very least, deserve to have access to the same services in return.
  My bill will help to ensure that all military personnel receive the 
same services by making a number of improvements to the existing 
Transition Assistance Program/Disabled Transition Assistance Program 
(TAP/DTAP) and to the Benefits Delivery at Discharge program, by 
improving the process by which military personnel who are being 
demobilized or discharged receive medical examinations and mental 
health assessments, and by ensuring that military and veterans service 
organizations and state departments of veterans affairs are able to 
play an active role in assisting military personnel with the difficult 
decisions that are often involved in the process of discharging or 
demobilizing.
  Under current law, the Department of Defense, together with the 
Departments of Veterans Affairs (VA) and Labor, provide pre-separation 
counseling for military personnel who are preparing to leave the 
service. This counseling provides service members with valuable 
information about benefits that they have earned through their service 
to our country such as education benefits through the GI Bill and 
health care and other benefits through the VA. Personnel also learn 
about programs such as Troops to Teachers and have access to employment 
assistance for themselves and, where appropriate, their spouses.
  My bill would ensure that members of demobilizing National Guard and 
Reserve personnel are able to participate in this important counseling 
prior to being demobilized. In addition, my bill would require state-
based follow-up within 180 of demobilization to give demobilized 
personnel the opportunity to follow up on any questions or concerns 
that they may have during a regular unit training period. Currently, 
most of the responsibility for getting information about benefits and 
programs falls on the military personnel. The Department of Defense 
should make every effort to ensure that all members participate in this 
important program, and that is what my bill would do.
  My bill would help to improve the uniformity of services provided to 
personnel by directing the Secretary of Defense to ensure that 
consistent Transition Assistance Program/Disabled Transition Assistance 
Program briefings occur across the services and at all demobilization/
discharge locations and to ensure that there are programs that are 
directed to the specific needs of active duty and National Guard and 
Reserve personnel as appropriate. It also includes a provision to 
ensure that personnel who are on the temporary disability retired list 
and who are being retired or discharged from alternate locations will 
have access to transition services at a location that is reasonably 
convenient to them.
  In addition, my bill would enhance the information that is presented 
to members by requiring that pre-separation counseling include the 
provision of information regarding certification and licensing 
requirements in civilian occupations and information on identifying 
military occupations that have civilian counterparts.
  In response to concerns I have heard from a number of my 
constituents, the bill also directs the Secretaries of Defense and 
Labor to jointly explore ways in which DoD training and certification 
standards could be coordinated with state laws relating to the training 
and certification standards for corresponding civilian occupations.
  Participation in pre-separation counseling through a TAP/DTAP program 
is a valuable tool for personnel as they transition back to civilian 
life. My bill is in no way intended to lengthen the time that military 
personnel spend away from their families or to provide them with 
information that is not relevant to their civilian lives or that they 
otherwise do not need. In order to ensure that this information remains 
a valuable tool and does not become a burden to demobilizing members of 
the National Guard and Reserve who experience multiple deployments for 
active duty assignments, my bill clarifies that participation in the 
Department of Labor's transitional services employment will not be 
required if a member has previously participated in the program or if a 
member will be returning to school or to a job that he or she held 
before being called to active duty.
  My bill would make similar improvements to the joint DoD-VA Benefits 
Delivery at Discharge program, which assists personnel in applying for 
VA disability benefits before they are discharged from the military, to 
cover all discharging military installations and military hospitals to 
ensure that all personnel with service-connected disabilities have the 
same opportunity to receive this important service. This very 
successful program has helped to cut the red tape and to speed the 
processing time for many veterans who are entitled to VA disability 
benefits.
  I have long been concerned about the immediate and long-term health 
effects that military deployments have

[[Page 9653]]

on our men and women in uniform. I regret that, too often, the burden 
of responsibility for proving that a condition is related to military 
service falls on the personnel themselves. Our men and women in uniform 
deserve the benefit of the doubt, and should not have to fight the 
Department of Defense or the VA for benefits that they have earned 
through their service to our nation.
  For example, since coming to the Senate in 1993, I have worked to 
focus attention on the health effects that are being experienced by 
military personnel who served in the Persian Gulf War. More than ten 
years after the end of the Gulf War, we still don't know why so many 
veterans of that conflict are experiencing medical problems. Of the 
nearly 700,000 U.S. military personnel who served in the Persian Gulf 
War in 1990 and 1991, more than 100,000 have suffered from an array of 
symptoms that have become known as Gulf War Syndrome. Military 
personnel who are currently deployed to the region face many of the 
same conditions that existed in the early 1990s. I have repeatedly 
pressed the Departments of Defense and Veterans Affairs to work to 
unlock the mystery of this illness and to study the role that exposure 
to depleted uranium may play in this condition. We owe it to these 
personnel to find these answers, and to ensure that those who are 
currently serving in the Persian Gulf region are adequately protected 
from the many possible causes of Gulf War Syndrome.
  Part of this process is to ensure that the Department of Defense 
carries out its responsibility to provide post-deployment physicals for 
military personnel. I am deeply concerned about stories of personnel 
who are experiencing long delays as they wait for their post-deployment 
physicals and who end up choosing not to have these important physicals 
in order to get home to their families that much sooner. I am equally 
concerned about reports that some personnel who did not receive such a 
physical--either by their own choice or because such a physical was not 
available--are now having trouble as they apply for benefits for a 
service-connected condition.
  For these reasons, my bill would require that the Department of 
Defense abide by current law and provide post-demobilization physicals 
to all military personnel, and would prohibit any waiver of these 
physicals. I firmly believe, as do the military and veterans groups 
that support my bill, that our men and women in uniform are entitled to 
a prompt, high quality physical examination as part of the 
demobilization process. These individuals have voluntarily put 
themselves into harm's way for our benefit. We should ensure that the 
Department of Defense makes every effort to determine whether they have 
experienced--or could experience--any health effects as a result of 
their service.
  In light of concerns raised by many that each service and each 
installation uses a different process for demobilization physicals, my 
bill would require the Secretary of Defense to set minimum standards 
for these important medical examinations and to ensure that these 
standards are applied uniformly at all installations and by all 
branches of the Armed Forces.
  My bill also would strengthen current law by ensuring that these 
medical examinations also include a mental health screening and 
assessment. Our men and women in uniform serve in difficult 
circumstances far from home, and too many of them witness or experience 
violence and horrific situations that most of us cannot even begin to 
imagine. These men and women, many of whom are just out of high school 
or college when they sign up, may suffer long-term mental and physical 
fallout from their experiences and may feel reluctant to seek 
counseling or other assistance to deal with their experiences.
  My bill would improve mental health services for demobilizing 
military personnel by requiring that the content and standards for the 
mental health screening and assessment that are developed by the 
Secretary include content and standards for screening acute and delayed 
onset post-traumatic stress disorder (PTSD), and, specifically, 
questions to identify all stressors experienced by military personnel 
that have the potential to lead to PTSD. Some Wisconsinites have told 
me that they are concerned that the multiple deployments of our 
National Guard and Reserve could lead to chronic PTSD, which could have 
its roots in an experience from a previous deployment and which could 
come to the surface by a triggering event that is experienced on a 
current deployment. The same is true for full-time military personnel 
who have served in a variety of places over their careers.
  We can and should do more to ensure that the mental health of our men 
and women in uniform is a top priority, and that the stigma that is too 
often attached to seeking assistance is ended. One step in this process 
is to ensure that personnel who have symptoms of PTSD and related 
illnesses have access to appropriate clinical services, either through 
DoD or through the VA, which is required in my bill.
  My legislation also requires the Secretaries of Defense and Veterans 
Affairs to report to Congress on planning for identification, 
intervention, and treatment of personnel with PTSD and related 
conditions and for appropriate training of DoD, military, and VA 
personnel with respect to PTSD and related conditions.
  My bill will also ensure that the DoD and the VA take appropriate 
actions to ensure that personnel receive appropriate follow-up care for 
any other physical or mental conditions that are found--or suspected to 
have been found--as a result of a post-deployment medical examination, 
including care and treatment at a DoD or VA facility and any other 
care, treatment, or services that are required.
  In addition, in order to ensure that all military personnel who are 
eligible for medical benefits for the VA learn about and receive them, 
my bill requires that, as part of the demobilization process, 
assistance be provided to eligible members to enroll in the VA health 
care system.
  My bill also requires that the medical records of all separating 
service members be transmitted to the VA and that DoD and the VA 
conduct a study on how to improve coordination and cooperation between 
the two Departments to support the provision of benefits to members and 
veterans, including: compatibility of health care filing systems, 
consistency of claims forms, consistency of medical examination forms, 
and creating shared electronic database with appropriate privacy 
protections.
  My bill would also make improvements to the DoD demobilization and 
discharge processes by ensuring that members of military and veterans 
service organizations (MSOs and VSOs) are able to counsel personnel on 
options for benefits and other important questions. The demobilization 
and discharge process presents our service members with a sometimes 
confusing and often overwhelming amount of information and paperwork 
that must be digested and sometimes signed in a very short period of 
time. My bill would authorize a ``veteran to veteran'' counseling 
program that will give military personnel the opportunity to speak with 
fellow veterans who have been through this process and who may be able 
to offer important advice about benefits and other choices that 
military personnel have to make.
  Under current law, the Secretary of Defense may make use of the 
services provided by MSOs and VSOs as part of the transition process. 
But these groups tell me that they are not always allowed access to 
transition briefings that are conducted for our personnel. In order to 
help facilitate the new veteran-to-veteran program, my bill would 
require the Secretary to ensure that representatives of MSOs, VSOs, and 
state departments of veterans affairs are invited to participate in all 
TAP/DTAP and BDD programs. In addition, my bill requires that these 
dedicated veterans, who give so much of their time and of themselves to 
serving their fellow veterans and their families, are able to gain 
access to military installations, military hospitals, and VA hospitals 
in order to provide this important service. By and large,

[[Page 9654]]

Mr. President, these groups are able to speak with our military 
personnel at hospitals and other facilities. But I am disturbed by 
reports that some of these groups were having a hard time gaining 
access to these facilities in order to visit with our troops. For that 
reason, I have included this access requirement in my bill.
  I want to stress that my bill in no way requires military personnel 
to speak with members of MSOs or VSOs if they do not wish to do so. It 
merely ensures that our men and women in uniform have this option.
  Finally, my bill would authorize the Secretary of Defense to create a 
program to help military personnel get college credit for applicable 
military training. The Wisconsin State Department of Veterans Affairs 
has such a program, called the Academic Credit for Military Experience 
(ACME) program. The National Veterans Training Institute cites ACME as 
a national model for helping veterans to obtain college credit for 
training that they received while in the military. Such a program would 
help our veterans to maximize their GI Bill benefits, to avoid taking 
classes that repeat their military training, and to earn their degrees 
that much faster.
  I am pleased that this legislation is supported by a wide range of 
groups that are dedicated to serving our men and women in uniform and 
veterans and their families. These groups include: the American Legion, 
the Enlisted Association of the National Guard of the United States; 
the Paralyzed Veterans of America; the Reserve Officers Association; 
the Veterans of Foreign Wars; the Wisconsin Department of Veterans 
Affairs, the Wisconsin National Guard; the American Legion, Department 
of Wisconsin; Disabled American Veterans, Department of Wisconsin; the 
Wisconsin Paralyzed Veterans of America; the Veterans of Foreign Wars, 
Department of Wisconsin; and the Wisconsin State Council, Vietnam 
Veterans of America.
  I ask unanimous consent that the full text of my 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. 2427

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Veterans' Enhanced 
     Transition Services Act of 2004''.

     SEC. 2. IMPROVED ADMINISTRATION OF TRANSITIONAL ASSISTANCE 
                   PROGRAMS.

       (a) Transmittal of Medical Records of All Members 
     Separating From Active Duty to Department of Veterans 
     Affairs.--Chapter 58 of title 10, United States Code, is 
     amended--
       (1) by inserting before subsection (c) of section 1142 the 
     following:

     ``Sec. 1142a. Members separating from active duty: 
       transmittal of medical records to Department of Veterans 
       Affairs'';

       (2) by striking ``(c) Transmittal of Medical Information to 
     Department of Veterans Affairs.--''; and
       (3) by striking ``a member being medically separated or 
     being retired under chapter 61 of this title'' and inserting 
     ``each member who is entitled to counseling and other 
     services under section 1142 of this title''.
       (b) Preseparation Counseling.--(1) Subsection (a) of 
     section 1142 of title 10, United States Code, is amended--
       (A) in paragraph (1), by striking ``shall provide for 
     individual separation counseling'' and inserting ``shall 
     provide individual separation counseling'';
       (B) by redesignating paragraph (4) as paragraph (6); and
       (C) by inserting after paragraph (3) the following new 
     paragraphs:
       ``(4) For members of the reserve components being separated 
     from service on active duty for a period of more than 30 
     days, the Secretary concerned shall require that 
     preseparation counseling under this section be provided to 
     all such members (including officers) before the members are 
     separated.
       ``(5) The Secretary concerned shall ensure that commanders 
     of members entitled to services under this section authorize 
     the members to obtain such services during duty time.''.
       (2) Subsection (b)(4) of such section 1142 is amended by 
     striking ``(4) Information concerning'' and inserting the 
     following:
       ``(4) Provide information on civilian occupations and 
     related assistance programs, including information about--
       ``(A) certification and licensure requirements that are 
     applicable to civilian occupations;
       ``(B) civilian occupations that correspond to military 
     occupational specialties; and
       ``(C)''.
       (3) Section 1142 of such title is further amended by adding 
     at the end the following new subsections:
       ``(c) Additional Requirements.--(1) The Secretary concerned 
     shall ensure that--
       ``(A) preseparation counseling under this section includes 
     material that is specifically relevant to the needs of 
     persons being separated from active duty by discharge from a 
     regular component of the armed forces and the needs of 
     members of the reserve components being separated from active 
     duty;
       ``(B) the locations at which preseparation counseling is 
     presented to eligible personnel include--
       ``(i) inpatient medical care facilities of the uniformed 
     services where such personnel are receiving inpatient care; 
     and
       ``(ii) in the case of a member on the temporary disability 
     retired list under section 1202 or 1205 of this title who is 
     being retired under another provision of this title or is 
     being discharged, a location reasonably convenient to the 
     member.
       ``(C) the scope and content of the material presented in 
     preseparation counseling at each location under this section 
     are consistent with the scope and content of the material 
     presented in the preseparation counseling at the other 
     locations under this section; and
       ``(D) followup counseling is provided for each member of 
     the reserve components described in subparagraph (A) not 
     later than 180 days after separation from active duty.
       ``(2) The Secretary concerned shall, on a continuing basis, 
     update the content of the materials used by the National 
     Veterans Training Institute and such officials' other 
     activities that provide direct training support to personnel 
     who provide preseparation counseling under this section.
       ``(d) National Guard Members on Duty in State Status.--(1) 
     Members of the National Guard being separated from long-term 
     duty to which ordered under section 502(f) of title 32 shall 
     also be provided preseparation counseling under this section 
     to the same extent that members of the reserve components 
     being discharged or released from active duty are provided 
     preseparation counseling under this section.
       ``(2) The Secretary of Defense shall prescribe in 
     regulations the standards for determining long-term duty for 
     the purposes of paragraph (1).''.
       (4)(A) The heading for section 1142 of such title is 
     amended to read as follows:

     ``Sec. 1142. Members separating from active duty: 
       preseparation counseling''.

       (B) The table of sections at the beginning of chapter 58 of 
     such title is amended by striking the item relating to 
     section 1142 and inserting the following new items:

``1142. Members separating from active duty: preseparation counseling.
``1142a. Members separating from active duty: transmittal of medical 
              records to Department of Veterans Affairs.''.

       (c) Department of Labor Transitional Services Program.--(1) 
     Subsection (c) of section 1144 of title 10, United States 
     Code, is amended to read as follows:
       ``(c) Participation.--(1) Subject to paragraph (2), the 
     Secretary of Defense and the Secretary of Homeland Security 
     shall require participation by members of the armed forces 
     eligible for assistance under the program carried out under 
     this section.
       ``(2) The Secretary of Defense and the Secretary of 
     Homeland Security need not require, but shall encourage and 
     otherwise promote, participation in the program by the 
     following members of the armed forces described in paragraph 
     (1):
       ``(A) Each member who has previously participated in the 
     program.
       ``(B) Each member who, upon discharge or release from 
     active duty, is returning to--
       ``(i) a position of employment previously held by such 
     member; or
       ``(ii) pursuit of an academic degree or other educational 
     or occupational training objective that the member was 
     pursuing when called or ordered to such active duty.''.
       (2) Subsection (a)(1) of such section is amended by 
     striking ``paragraph (4)(A)'' in the second sentence and 
     inserting ``paragraph (6)(A)''.
       (d) Study on Coordination of Job Training and Certification 
     Standards.--The Secretary of Defense and the Secretary of 
     Labor shall jointly carry out a study to determine ways to 
     coordinate the standards applied by the Armed Forces for the 
     training and certification of members of the Armed Forces in 
     military occupational specialties with the standards that 
     apply under State laws to the training and certification of 
     persons in corresponding civilian occupations.

     SEC. 3. BENEFITS DELIVERY DISCHARGE PROGRAM.

       (a) Accessibility of Information.--Chapter 58 of title 10, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 1154. Requirements applicable to all benefits delivery 
       at discharge programs

       ``(a) Locations.--The Secretary of Defense, the Secretary 
     of Homeland Security, and the

[[Page 9655]]

     Secretary of Veterans Affairs shall ensure that the benefits 
     delivery at discharge programs for members of the armed 
     forces are provided--
       ``(1) at each installation and inpatient medical care 
     facility of the uniformed services at which personnel 
     eligible for assistance under the programs are discharged 
     from the armed forces; and
       ``(2) in the case of a member on the temporary disability 
     retired list under section 1202 or 1205 of this title who is 
     being retired under another provision of this title or is 
     being discharged, at a location reasonably convenient to the 
     member.
       ``(b) Participation of Military and Veterans' Service 
     Organizations.--The Secretary of Defense, the Secretary of 
     Homeland Security, and the Secretary of Veterans Affairs 
     shall ensure that representatives of military and veterans' 
     service organizations and representatives of veterans' 
     services agencies of States are invited to participate in the 
     benefits delivery at discharge programs at the locations 
     where assistance under the programs is provided.
       ``(c) Benefits Delivery at Discharge Programs Defined.--In 
     this section, the term `benefits delivery at discharge 
     programs' means the programs under sections 1142 and 1144 of 
     this title and any similar programs administered by, in 
     conjunction with, or in consultation with the Secretary of 
     Defense or the Secretary of a military department.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``1154. Requirements applicable to all benefits delivery at discharge 
              programs.''.

     SEC. 4. POST-DEPLOYMENT MEDICAL ASSESSMENT AND SERVICES.

       (a) Improvement of Medical Tracking System for Members 
     Deployed Overseas.--Section 1074f of title 10, United States 
     Code, is amended--
       (1) in subsection (b), by striking ``(including an 
     assessment of mental health'' and inserting ``(which shall 
     include mental health screening and assessment'';
       (2) by redesignating subsections (c) and (d) as subsections 
     (e) and (f), respectively; and
       (3) by inserting after subsection (b) the following new 
     subsections:
       ``(c) Medical Examinations.--(1) The Secretary of Defense 
     shall prescribe the minimum content and standards that apply 
     for the medical examinations required under this section. The 
     Secretary shall ensure that the content and standards 
     prescribed under the preceding sentence are applied uniformly 
     at all installations and medical facilities of the armed 
     forces where medical examinations required under this section 
     are performed for members of the armed forces returning from 
     a deployment as described in subsection (a).
       ``(2) The content and standards prescribed under paragraph 
     (1) for mental health screening and assessment shall include 
     content and standards for screening acute post-traumatic 
     stress disorder and delayed onset post-traumatic stress 
     disorder, and shall specifically include questions to 
     identify all stressors experienced by members that have the 
     potential to lead to post-traumatic stress disorder.
       ``(3) An examination consisting solely or primarily of an 
     assessment questionnaire completed by a member does not meet 
     the requirements of this subsection for a medical examination 
     and does not meet the requirements of this section for an 
     assessment.
       ``(4) An examination of a member required under this 
     section may not be waived by the Secretary (or any official 
     exercising the Secretary's authority under this section) or 
     by the member.
       ``(d) Followup Services.--(1) The Secretary of Defense, in 
     consultation with the Secretary of Veterans Affairs, shall 
     ensure that appropriate actions are taken to assist a member 
     who, as a result of a medical examination carried out under 
     the system established under this section, is identified or 
     suspected as having an illness (including any mental health 
     condition) or injury.
       ``(2) Assistance required to be provided a member under 
     paragraph (1) includes the following:
       ``(A) Care and treatment and other services that the 
     Secretary of Defense or the Secretary of Veterans Affairs may 
     provide such member under any other provision of law, as 
     follows:
       ``(i) Clinical services, including counseling and treatment 
     for post-traumatic stress disorder and other mental health 
     conditions.
       ``(ii) Any other care, treatment, and services.
       ``(B) Assistance to enroll in the Department of Veterans 
     Affairs health care system for health care benefits for which 
     the member is eligible under laws administered by the 
     Secretary of Veterans Affairs.''.
       (b) Report on PTSD Cases.--(1) The Secretary of Defense and 
     the Secretary of Veterans Affairs shall jointly submit to 
     Congress a report on the services provided members and former 
     members of the Armed Forces who experience post-traumatic 
     stress disorder (and related conditions) associated with 
     service in the Armed Forces.
       (2) The report under paragraph (1) shall include a 
     discussion of the policies, plans, and procedures of the 
     Department of Defense and the Department of Veterans Affairs 
     for--
       (A) the identification of cases of persons experiencing 
     post-traumatic stress disorder or related conditions, 
     intervention in such cases, and treatment of such persons; 
     and
       (B) the training of Department of Defense personnel and 
     Department of Veterans Affairs personnel regarding such 
     disorder and conditions.
       (c) Study on DoD-VA Coordination and Cooperation.--(1) The 
     Secretary of Defense and the Secretary of Veterans Affairs 
     shall jointly carry out a study to identify ways to improve 
     the coordination and cooperation between the two departments 
     to support the provision of veterans' benefits to members and 
     former members of the Armed Forces who have been deployed as 
     described in section 1074f(a) of title 10, United States 
     Code, as well as to other members and former members of the 
     Armed Forces.
       (2) The study under paragraph (1) shall, at a minimum, 
     address the following matters:
       (A) Compatibility of health care filing systems.
       (B) Consistency of claims forms.
       (C) Consistency of medical examination forms.
       (D) Shared electronic database with appropriate privacy 
     protections.

     SEC. 5. ACCESS OF MILITARY AND VETERANS SERVICE AGENCIES AND 
                   ORGANIZATIONS.

       (a) Department of Defense.--(1) Chapter 58 of title 10, 
     United States Code, as amended by section 3(a), is further 
     amended by adding at the end the following new section:

     ``Sec. 1155. Veteran-to-veteran preseparation counseling

       ``(a) Cooperation Required.--The Secretary of Defense shall 
     carry out a program to facilitate the access of 
     representatives of military and veterans' service 
     organizations and representatives of veterans' services 
     agencies of States to provide preseparation counseling and 
     services to members of the armed forces who are scheduled, or 
     are in the process of being scheduled, for discharge, release 
     from active duty, or retirement.
       ``(b) Elements of Program.--The program under this section 
     shall include the following elements:
       ``(1) Invitation to representatives of military and 
     veterans' service organizations and representatives of 
     veterans' services agencies of States to participate in the 
     preseparation counseling and other assistance briefings 
     provided to members under the programs carried out under 
     sections 1142 and 1144 of this title.
       ``(2) Support for the outreach programs of such 
     organizations and agencies by providing the organizations and 
     agencies with the names and addresses of members of the armed 
     forces described in subsection (a), including, in particular, 
     members who are being separated from active duty upon return 
     from a deployment in support of a contingency operation.
       ``(c) Locations.--The program under this section shall 
     provide for access to members--
       ``(1) at each installation of the armed forces;
       ``(2) at each inpatient medical care facility of the 
     uniformed services administered under chapter 55 of this 
     title; and
       ``(3) in the case of a member on the temporary disability 
     retired list under section 1202 or 1205 of this title who is 
     being retired under another provision of this title or is 
     being discharged, at a location reasonably convenient to the 
     member.
       ``(d) Waiver of Access Restrictions.--To carry out elements 
     of the program under subsection (b), the Secretary of Defense 
     may waive the applicable provisions of the regulations 
     promulgated under section 264(c) of the Health Insurance 
     Portability and Accountability Act of 1996 (42 U.S.C. 1320d-2 
     note) to the extent necessary to ensure that representatives 
     of military and veterans' service organizations and 
     representatives of veterans' services agencies of States have 
     access to members and former members of the uniformed 
     services in medical treatment facilities of the uniformed 
     services.
       ``(e) Consent of Members Required.--Access to a member of 
     the armed forces under the program under this section is 
     subject to the consent of the member.''.
       (2) The table of sections at the beginning of such chapter, 
     as amended by section 3(b), is amended by adding at the end 
     the following new item:

``1155. Veteran-to-veteran preseparation counseling.''.

       (b) Department of Veterans Affairs.--(1) Subchapter 1 of 
     chapter 17 of title 38, United States Code, is amended by 
     adding at the end the following new section:

     ``Sec. 1709. Veteran-to-veteran counseling

       ``(a) Cooperation Required.--The Secretary shall carry out 
     a program to facilitate the access of representatives of 
     military and veterans' service organizations and 
     representatives of veterans' services agencies of States to 
     veterans furnished care and services under this chapter to 
     provide information and counseling to such veterans on the 
     care and services authorized by this chapter and on other 
     benefits and services available under the laws administered 
     by the Secretary.
       ``(b) Facilities Covered.--The program under this section 
     shall provide for access to

[[Page 9656]]

     veterans described in subsection (a) at each facility of the 
     Department or non-Department facility at which the Secretary 
     furnishes care and services under this chapter.
       ``(c) Waiver of Access Restrictions.--To carry out the 
     program under this section, the Secretary may waive the 
     applicable provisions of the regulations promulgated under 
     section 264(c) of the Health Insurance Portability and 
     Accountability Act of 1996 (42 U.S.C. 1320d-2 note) to the 
     extent necessary to ensure that representatives of military 
     and veterans' service organizations and representatives of 
     veterans' services agencies of States have access to veterans 
     described in subsection (a) at the facilities referred to in 
     subsection (b).
       ``(d) Consent of Veterans Required.--Access to a veteran 
     under the program under this section is subject to the 
     consent of the veteran.''.
       (2) The table of sections at the beginning of that chapter 
     is amended by inserting after the item relating to section 
     1708 the following new item:

``Veteran-to-veteran counseling.''.

     SEC. 6. COLLEGE CREDIT FOR SERVICE IN ARMED FORCES.

       (a) Requirement for Program.--Chapter 58 of title 10, 
     United States Code, as amended by section 5(a), is further 
     amended by adding at the end the following new section:

     ``Sec. 1156. College credit for training in the armed forces

       ``The Secretary of Defense shall carry out a program to 
     assist members of the armed forces being discharged, released 
     from active duty, or retired to obtain college credit for 
     training received as a member of the armed forces.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter, as amended by section 5(a)(2), is 
     amended by adding at the end the following new item:

``1156. College credit for training in the armed forces.''.

                                 ______
                                 
      By Mr. DODD (for himself, Mr. Kennedy, Mr. Reed, Mr. Bingaman, 
        Mrs. Clinton, Mr. Sarbanes, Mr. Reid, Mr. Akaka, Mr. Johnson, 
        Ms. Stabenow, Mr. Corzine, Mr. Lautenberg, and Mr. Durbin):
  S. 2428. A bill to provide for educational opportunities for all 
students in State public school systems, and for other purposes; to the 
Committee on Health, Education, Labor, and Pensions.
  Mr. DODD. Mr. President, I rise today with Senators Kennedy, Reed, 
Bingaman, Clinton, Sarbanes, Reid, Akaka, Johnson, Stabenow, Corzine, 
Lautenberg and Durbin to introduce the ``Student Bill of Rights.'' This 
bill is critical to ensuring that every child in America receives the 
educational opportunity that is the foundation of America's promise of 
equal opportunity for all.
  The Student Bill of Rights attempts to ensure that every American 
child has an equal opportunity to receive a good education--including, 
highly qualified teachers, challenging curricula, small classes, 
current textbooks, quality libraries, and up-to-date technology--to all 
students in all schools in a State. Current law requires that schools 
within the same district provide comparable educational services. This 
bill would extend that basic protection to the State level by requiring 
comparability across school districts. And, this bill would help ensure 
that States comply with State or Federal court orders concerning the 
fairness of their public school systems.
  Fifty years ago, Brown vs. Board of Education struck down segregation 
in law. Fifty years later, we know that just because there is no 
segregation in law does not mean that it does not persist in fact. 
Fifty years after Brown v. Board of Education, our education system 
remains largely separate and unequal.
  All too often, whether an American child is taught by a high quality 
teacher in a small class, has access to the best courses and 
instructional materials, goes to school in a new, modern building, and 
otherwise benefits from educational resources that have been shown to 
be essential to a quality education, still depends on where the child's 
family can afford to live. In fact, the United States ranks last among 
developed countries in the difference in the quality of schools 
available to wealthy and low-income children. This is simply 
unacceptable, and it is why the Student Bill of Rights is so important 
to our children's ability to achieve academically, to gain the skills 
they need to be responsible, participating citizens in our diverse 
democracy, and to compete and succeed in the global economy.
  Of course, factors besides resources are also important to academic 
achievement--supportive parents, motivated peers, and positive role 
models in the community, just to name a few. But at the same time, we 
also know that adequate resources are vital to providing students with 
the opportunity to receive a solid education.
  This bill does not represent a radical notion. Last Congress, 42 
Senators and 183 Representatives voted for similar legislation that Mr. 
Fattah offered in the other body and I offered here in the Senate. A 
radical notion is the idea that a country founded on the principle of 
equal opportunity for all can continue to accept an educational system 
that provides real educational opportunity for just a select few.
  When he signed the No Child Left Behind Act two years ago, President 
Bush promised that the Federal Government would make sure schools have 
the resources necessary to meet the new law's requirements. This year 
alone, the President's budget resolution underfunds the law by $9.4 
billion. The President's budget also fails to fully funding the Federal 
Government's commitment to special education--leaving families and 
local communities struggling to make up the difference. We will never 
close the achievement gap as long as our nation's most disadvantaged 
students in the neediest schools are forced to make do with far less 
than other students. The Federal Government needs to become a more 
equal partner in funding education.
  States need to do more, too. At the federal level we have created 
programs to help ensure that students from low-income communities start 
school healthy and ready to learn and to succeed in school once they 
get there. Programs such as Head Start, the School Lunch Program, The 
Children's Health Insurance Program and Title I, all assist in meeting 
the needs of low-income kids from their very first days.
  In the end, this bill is about the simple fact that the quality of a 
child's education should not be determined by their zip code. The 
Student Bill of Rights will help ensure that each and every child's 
school has the resources to provide them with a decent education, and 
in turn, an equal opportunity for a successful future.
  I urge my colleagues to join me in supporting the Student Bill of 
Rights, and I ask unanimous consent that the 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. 2428

       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 ``Student Bill of Rights''.

     SEC. 2. TABLE OF CONTENTS.

       The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Findings and purposes.

    TITLE I--EDUCATIONAL OPPORTUNITY IN STATE PUBLIC SCHOOL SYSTEMS

             Subtitle A--Access to Educational Opportunity

Sec. 101. State public school systems.
Sec. 102. Fundamentals of educational opportunity.

                    Subtitle B--State Accountability

Sec. 111. State accountability plan.
Sec. 112. Consequences of failure to meet requirements.

                  Subtitle  C--Report  to  Congress  and 
                              the  Public

Sec. 121. Annual report on State public school systems.

                           Subtitle D--Remedy

Sec. 131. Civil action for enforcement.

  TITLE II--EFFECTS OF EDUCATIONAL DISPARITIES ON ECONOMIC GROWTH AND 
                            NATIONAL DEFENSE

Sec. 201. Effects on economic growth and productivity.
Sec. 202. Effects on national defense.

                     TITLE III--GENERAL PROVISIONS

Sec. 301. Definitions.
Sec. 302. Rulemaking.
Sec. 303. Construction.

     SEC. 3. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds the following:

[[Page 9657]]

       (1) A high-quality, highly competitive education for all 
     students is imperative for the economic growth and 
     productivity of the United States, for its effective national 
     defense, and to achieve the historical aspiration to be one 
     Nation of equal citizens. It is therefore necessary and 
     proper to overcome the nationwide phenomenon of State public 
     school systems that do not meet the requirements of section 
     101(a), in which high-quality public schools typically serve 
     high-income communities and poor-quality schools typically 
     serve low-income, urban, rural, and minority communities.
       (2) There exists in the States a significant educational 
     opportunity gap for low-income, urban, rural, and minority 
     students characterized by the following:
       (A) Continuing disparities within States in students' 
     access to the fundamentals of educational opportunity 
     described in section 102.
       (B) Highly differential educational expenditures (adjusted 
     for cost and need) among school districts within States.
       (C) Radically differential educational achievement among 
     students in school districts within States as measured by the 
     following:
       (i) Achievement in mathematics, reading or language arts, 
     and science on State academic assessments required under 
     section 1111(b)(3) of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 6311(b)(3)) and on the National 
     Assessment of Educational Progress.
       (ii) Advanced placement courses taken.
       (iii) SAT and ACT test scores.
       (iv) Dropout rates and graduation rates.
       (v) College-going and college-completion rates.
       (vi) Job placement and retention rates and indices of job 
     quality.
       (3) As a consequence of this educational opportunity gap, 
     the quality of a child's education depends largely upon where 
     the child's family can afford to live, and the detriments of 
     lower quality education are imposed particularly on--
       (A) children from low-income families;
       (B) children living in urban and rural areas; and
       (C) minority children.
       (4) Since 1785, Congress, exercising the power to admit new 
     States under section 3 of article IV of the Constitution (and 
     previously, the Congress of the Confederation of States under 
     the Articles of Confederation), has imposed upon every State, 
     as a fundamental condition of the State's admission, that the 
     State provide for the establishment and maintenance of 
     systems of public schools open to all children in such State.
       (5) Over the years since the landmark ruling in Brown v. 
     Board of Education, 347 U.S. 483, 493 (1954), when a 
     unanimous Supreme Court held that ``the opportunity of an 
     education . . . , where the State has undertaken to provide 
     it, is a right which must be made available to all on equal 
     terms'', courts in 44 States have heard challenges to the 
     establishment, maintenance, and operation of State public 
     school systems that are separate and not educationally 
     adequate.
       (6) In 1970, the Presidential Commission on School Finance 
     found that significant disparities in the distribution of 
     educational resources existed among school districts within 
     States because the States relied too significantly on local 
     district financing for educational revenues, and that reforms 
     in systems of school financing would increase the Nation's 
     ability to serve the educational needs of all children.
       (7) In 1999, the National Research Council of the National 
     Academy of Sciences published a report entitled ``Making 
     Money Matter, Financing America's Schools'', which found that 
     the concept of funding adequacy, which moves beyond the more 
     traditional concepts of finance equity to focus attention on 
     the sufficiency of funding for desired educational outcomes, 
     is an important step in developing a fair and productive 
     educational system.
       (8) In 2001, the Executive Order establishing the 
     President's Commission on Educational Resource Equity 
     declared, ``A quality education is essential to the success 
     of every child in the 21st century and to the continued 
     strength and prosperity of our Nation. . . . [L]ong-standing 
     gaps in access to educational resources exist, including 
     disparities based on race and ethnicity.'' (Exec. Order No. 
     13190, 66 Fed. Reg. 5424 (2001))
       (9) According to the Secretary of Education, as stated in a 
     letter (with enclosures) from the Secretary to States dated 
     January 19, 2001--
       (A) racial and ethnic minorities continue to suffer from 
     lack of access to educational resources, including 
     ``experienced and qualified teachers, adequate facilities, 
     and instructional programs and support, including technology, 
     as well as . . . the funding necessary to secure these 
     resources''; and
       (B) these inadequacies are ``particularly acute in high-
     poverty schools, including urban schools, where many students 
     of color are isolated and where the effect of the resource 
     gaps may be cumulative. In other words, students who need the 
     most may often receive the least, and these students often 
     are students of color.''.
       (10) In the amendments made by the No Child Left Behind Act 
     of 2001, Congress--
       (A)(i) required each State to establish standards and 
     assessments in mathematics, reading or language arts, and 
     science; and
       (ii) required schools to ensure that all students are 
     proficient in mathematics, reading or language arts, and 
     science not later than 12 years after the end of the 2001-
     2002 school year, and held schools accountable for the 
     students' progress; and
       (B) required each State to describe how the State will help 
     local educational agencies and schools to develop the 
     capacity to improve student academic achievement.
       (11) The standards and accountability movement will succeed 
     only if, in addition to standards and accountability, all 
     schools have access to the educational resources necessary to 
     enable students to achieve.
       (12) Raising standards without ensuring access to 
     educational resources may in fact exacerbate achievement gaps 
     and set children up for failure.
       (13) According to the World Economic Forum's Global 
     Competitiveness Report 2001-2002, the United States ranks 
     last among developed countries in the difference in the 
     quality of schools available to rich and poor children.
       (14) The persistence of pervasive inadequacies in the 
     quality of education provided by State public school systems 
     effectively deprives millions of children throughout the 
     United States of the opportunity for an education adequate to 
     enable the children to--
       (A) acquire the knowledge and skills necessary for 
     responsible citizenship in a diverse democracy, including the 
     ability to participate fully in the political process through 
     informed electoral choice;
       (B) meet challenging student academic achievement 
     standards; and
       (C) be able to compete and succeed in a global economy.
       (15) Each State government has ultimate authority to 
     determine every important aspect and priority of the public 
     school system that provides elementary and secondary 
     education to children in the State, including whether 
     students throughout the State have access to the fundamentals 
     of educational opportunity described in section 102.
       (16) Because a well educated populace is critical to the 
     Nation's political and economic well-being and national 
     security, the Federal Government has a substantial interest 
     in ensuring that States provide a high-quality education by 
     ensuring that all students have access to the fundamentals of 
     educational opportunity described in section 102 to enable 
     the students to succeed academically and in life.
       (b) Purposes.--The purposes of this Act are the following:
       (1) To further the goals of the Elementary and Secondary 
     Education Act of 1965 (as amended by the No Child Left Behind 
     Act of 2001), by holding States accountable for providing all 
     students with access to the fundamentals of educational 
     opportunity described in section 102.
       (2) To ensure that all students in public elementary 
     schools and secondary schools receive educational 
     opportunities that enable such students to--
       (A) acquire the knowledge and skills necessary for 
     responsible citizenship in a diverse democracy, including the 
     ability to participate fully in the political process through 
     informed electoral choice;
       (B) meet challenging student academic achievement 
     standards; and
       (C) be able to compete and succeed in a global economy.
       (3) To end the pervasive pattern of States maintaining 
     public school systems that do not meet the requirements of 
     section 101(a).

    TITLE I--EDUCATIONAL OPPORTUNITY IN STATE PUBLIC SCHOOL SYSTEMS

             Subtitle A--Access to Educational Opportunity

     SEC. 101. STATE PUBLIC SCHOOL SYSTEMS.

       (a) Requirements.--Each State receiving Federal financial 
     assistance for elementary or secondary education shall ensure 
     that the State's public school system provides all students 
     within the State with an education that enables the students 
     to acquire the knowledge and skills necessary for responsible 
     citizenship in a diverse democracy, including the ability to 
     participate fully in the political process through informed 
     electoral choice, to meet challenging student academic 
     achievement standards, and to be able to compete and succeed 
     in a global economy, through--
       (1) the provision of fundamentals of educational 
     opportunity described in section 102, at adequate or ideal 
     levels as defined by the State under section 111(a)(1)(A) to 
     students at each public elementary school and secondary 
     school in the State;
       (2) the provision of educational services in school 
     districts that receive funds under part A of title I of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6311 et seq.) that are, taken as a whole, at least comparable 
     to educational services provided in school districts not 
     receiving such funds; and
       (3) compliance with any final Federal or State court order 
     in any matter concerning the adequacy or equitableness of the 
     State's public school system.
       (b) Determinations Concerning State Public School 
     Systems.--Not later than October 1 of each year, the 
     Secretary shall determine whether each State maintains a 
     public school system that meets the requirements of 
     subsection (a). The Secretary may make a determination that a 
     State public

[[Page 9658]]

     school system does not meet such requirements only after 
     providing notice and an opportunity for a hearing.
       (c) Publication.--The Secretary shall publish and make 
     available to the general public (including by means of the 
     Internet) the determinations made under subsection (b).

     SEC. 102. FUNDAMENTALS OF EDUCATIONAL OPPORTUNITY.

       The fundamentals of educational opportunity are the 
     following:
       (1) Highly qualified teachers, principals, and academic 
     support personnel.--
       (A) Highly qualified teachers.--Instruction from highly 
     qualified teachers in core academic subjects.
       (B) Highly qualified principals.--Leadership, management, 
     and guidance from principals who meet State certification 
     standards.
       (C) Highly qualified academic support personnel.--Necessary 
     additional academic support in reading or language arts, 
     mathematics, and other core academic subjects from personnel 
     who meet applicable State standards.
       (2) Rigorous academic standards, curricula, and methods of 
     instruction.--Rigorous academic standards, curricula, and 
     methods of instruction, as measured by the extent to which 
     each school district succeeds in providing high-quality 
     academic standards, curricula, and methods of instruction to 
     students in each public elementary school and secondary 
     school within the district.
       (3) Small class sizes.--Small class sizes, as measured by--
       (A) the average class size and the range of class sizes; 
     and
       (B) the percentage of classes with 17 or fewer students.
       (4) Textbooks, instructional materials, and supplies.--
     Textbooks, instructional materials, and supplies, as measured 
     by--
       (A) the average age and quality of textbooks, instructional 
     materials, and supplies used in core academic subjects; and
       (B) the percentage of students who begin the school year 
     with school-issued textbooks, instructional materials, and 
     supplies.
       (5) Library resources.--Library resources, as measured by--
       (A) the size and qualifications of the library's staff, 
     including whether the library is staffed by a full-time 
     librarian certified under applicable State standards;
       (B) the size (relative to the number of students) and 
     quality (including age) of the library's collection of books 
     and periodicals; and
       (C) the library's hours of operation.
       (6) School facilities and computer technology.--
       (A) Quality school facilities.--Quality school facilities, 
     as measured by--
       (i) the physical condition of school buildings and major 
     school building features;
       (ii) environmental conditions in school buildings; and
       (iii) the quality of instructional space.
       (B) Computer technology.--Computer technology, as measured 
     by--
       (i) the ratio of computers to students;
       (ii) the quality of computers and software available to 
     students;
       (iii) Internet access;
       (iv) the quality of system maintenance and technical 
     assistance for the computers; and
       (v) the number of computer laboratory courses taught by 
     qualified computer instructors.
       (7) Quality guidance counseling.--Qualified guidance 
     counselors, as measured by the ratio of students to qualified 
     guidance counselors who have been certified under an 
     applicable State or national program.

                    Subtitle B--State Accountability

     SEC. 111. STATE ACCOUNTABILITY PLAN.

       (a) General Plan.--
       (1) Contents.--Each State receiving Federal financial 
     assistance for elementary and secondary education shall 
     annually submit to the Secretary a plan, developed by the 
     State educational agency, in consultation with local 
     educational agencies, teachers, principals, pupil services 
     personnel, administrators, other staff, and parents, that 
     contains the following:
       (A) A description of 2 levels of high access (adequate and 
     ideal) to each of the fundamentals of educational opportunity 
     described in section 102 that measure how well the State, 
     through school districts, public elementary schools, and 
     public secondary schools, is achieving the purposes of this 
     Act by providing children with the resources they need to 
     succeed academically and in life.
       (B) A description of a third level of access (basic) to 
     each of the fundamentals of educational opportunity described 
     in section 102 that measures how well the State, through 
     school districts, public elementary schools, and public 
     secondary schools, is achieving the purposes of this Act by 
     providing children with the resources they need to succeed 
     academically and in life.
       (C) A description of the level of access of each school 
     district, public elementary school, and public secondary 
     school in the State to each of the fundamentals of 
     educational opportunity described in section 102, including 
     identification of any such schools that lack high access (as 
     described in subparagraph (A)) to any of the fundamentals.
       (D) An estimate of the additional cost, if any, of ensuring 
     that the system meets the requirements of section 101(a).
       (E) Information stating the percentage of students in each 
     school district, public elementary school, and public 
     secondary school in the State that are proficient in 
     mathematics, reading or language arts, and science, as 
     measured through assessments administered as described in 
     section 1111(b)(3)(C)(v) of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6311(b)(3)(C)(v)).
       (F) Information stating whether each school district, 
     public elementary school, and public secondary school in the 
     State is making adequate yearly progress, as defined under 
     section 1111(b)(2) of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 6311(b)(2)).
       (G)(i) For each school district, public elementary school, 
     and public secondary school in the State, information 
     stating--
       (I) the number and percentage of children counted under 
     section 1124(c) of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 6333(c)); and
       (II) the number and percentage of students described in 
     section 1111(b)(3)(C)(xiii) of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6311(b)(3)(C)(xiii)).
       (ii) For each such school district, information stating 
     whether the district is an urban, mixed, or rural district 
     (as defined by the National Center for Education Statistics).
       (2) Levels of access.--For purposes of the plan submitted 
     under paragraph (1)--
       (A) in defining basic, adequate, and ideal levels of access 
     to each of the fundamentals of educational opportunity, each 
     State shall consider, in addition to the factors described in 
     section 102, the access available to students in the highest-
     achieving decile of public elementary schools and secondary 
     schools, the unique needs of low-income, urban and rural, and 
     minority students, and other educationally appropriate 
     factors; and
       (B) the levels of access described in subparagraphs (A) and 
     (B) of paragraph (1) shall be aligned with the challenging 
     academic content standards, challenging student academic 
     achievement standards, and high-quality academic assessments 
     required under the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 6301 et seq.).
       (3) Information.--The State shall annually disseminate to 
     parents, in an understandable and uniform format, the 
     descriptions, estimate, and information described in 
     paragraph (1).
       (b) Accountability and Remediation.--
       (1) Accountability.--If the Secretary determines under 
     section 101(b) that a State maintains a public school system 
     that fails to meet the requirements of section 101(a)(1), the 
     plan submitted under subsection (a)(1) shall--
       (A) demonstrate that the State has developed and is 
     implementing a single, statewide State accountability system 
     that will be effective in ensuring that the State makes 
     adequate yearly progress under this Act (as defined by the 
     State in a manner that annually reduces the number of public 
     elementary schools and secondary schools in the State without 
     high access (as described in subsection (a)(1)(A)) to each of 
     the fundamentals of educational opportunity described in 
     section 102);
       (B) demonstrate, based on the levels of access described in 
     paragraph (1) what constitutes adequate yearly progress of 
     the State under this Act toward providing all students with 
     high access to the fundamentals of educational opportunity 
     described in section 102; and
       (C) ensure--
       (i) the establishment of a timeline for that adequate 
     yearly progress that includes interim yearly goals for the 
     reduction of the number of public elementary schools and 
     secondary schools in the State without high access to each of 
     the fundamentals of educational opportunity described in 
     section 102; and
       (ii) that not later than 12 years after the end of the 
     2001-2002 school year, each public elementary or secondary 
     school in the State shall have high access to each of the 
     fundamentals of educational opportunity described in section 
     102.
       (2) Remediation.--If the Secretary determines under section 
     101(b) that a State maintains a public school system that 
     fails to meet the requirements of section 101(a)(2), not 
     later than 1 year after the Secretary makes the 
     determination, the State shall include in the plan submitted 
     under subsection (a)(1) a strategy to remediate the 
     conditions that caused the Secretary to make such 
     determination, not later than the end of the second school 
     year beginning after submission of the plan.
       (c) Amendments.--A State may amend the plan submitted under 
     subsection (a)(1) to improve the plan or to take into account 
     significantly changed circumstances.
       (d) Disapproval.--The Secretary may disapprove the plan 
     submitted under subsection (a)(1) (or an amendment to such a 
     plan) if the Secretary determines, after notice and 
     opportunity for hearing, that the plan (or amendment) is 
     inadequate to meet the requirements described in subsections 
     (a) and (b).
       (e) Waiver.--

[[Page 9659]]

       (1) In general.--A State may request, and the Secretary may 
     grant, a waiver of the requirements of subsections (a) and 
     (b) for 1 year for exceptional circumstances, such as a 
     precipitous decrease in State revenues, or another 
     circumstance that the Secretary determines to be exceptional, 
     that prevents a State from complying with the requirements of 
     subsections (a) and (b).
       (2) Contents of waiver request.--A State that requests a 
     waiver under paragraph (1) shall include in the request--
       (A) a description of the exceptional circumstance that 
     prevents the State from complying with the requirements of 
     subsections (a) and (b); and
       (B) a plan that details the manner in which the State will 
     comply with such requirements by the end of the waiver 
     period.

     SEC. 112. CONSEQUENCES OF FAILURE TO MEET REQUIREMENTS.

       (a) Interim Yearly Goals.--
       (1) In general.--For a fiscal year and a State described in 
     section 111(b)(1), the Secretary shall withhold from the 
     State 2.75 percent of funds otherwise available to the State 
     for the administration of Federal elementary and secondary 
     education programs, for each covered goal that the Secretary 
     determines the State is not meeting during that year.
       (2) Definition.--In this subsection, the term ``covered 
     goal'', used with respect to a fiscal year, means an interim 
     yearly goal described in section 111(b)(1)(C)(i) that is 
     applicable to that year or a prior fiscal year.
       (b) Consequences of Nonremediation.--Notwithstanding any 
     other provision of law, if the Secretary determines that a 
     State required to include a strategy under section 111(b)(2) 
     continues to maintain a public school system that does not 
     meet the requirements of section 101(a)(2) at the end of the 
     second school year described in section 111(b)(2), the 
     Secretary shall withhold from the State not more than 33\1/3\ 
     percent of funds otherwise available to the State for the 
     administration of Federal elementary and secondary education 
     programs until the Secretary determines that the State 
     maintains a public school system that meets the requirements 
     of section 101(a)(2).
       (c) Consequences of Noncompliance With Court Orders.--If 
     the Secretary determines under section 101(b) that a State 
     maintains a public school system that fails to meet the 
     requirements of section 101(a)(3), the Secretary shall 
     withhold from the State not more than 33\1/3\ percent of 
     funds otherwise available to the State for the administration 
     of Federal elementary and secondary education programs.
       (d) Disposition of Funds Withheld.--
       (1) Determination.--Not later than 1 year after the 
     Secretary withholds funds from a State under this section, 
     the Secretary shall determine whether the State has corrected 
     the condition that led to the withholding.
       (2) Disposition.--
       (A) Correction.--If the Secretary determines under 
     paragraph (1), that the State has corrected the condition 
     that led to the withholding, the Secretary shall make the 
     withheld funds available to the State to use for the original 
     purpose of the funds during 1 or more fiscal years specified 
     by the Secretary.
       (B) Noncorrection.--If the Secretary determines under 
     paragraph (1), that the State has not corrected the condition 
     that led to the withholding, the Secretary shall allocate the 
     withheld funds to public school districts, public elementary 
     schools, or public secondary schools in the State that are 
     most adversely affected by the condition that led to the 
     withholding, to enable the districts or schools to correct 
     the condition during 1 or more fiscal years specified by the 
     Secretary.
       (3) Availability.--Amounts made available or allocated 
     under subparagraph (A) or (B) of paragraph (2) shall remain 
     available during the fiscal years specified by the Secretary 
     under that subparagraph.

             Subtitle C--Report to Congress and the Public

     SEC. 121. ANNUAL REPORT ON STATE PUBLIC SCHOOL SYSTEMS.

       (a) Annual Report to Congress.--Not later than October 1 of 
     each year, beginning the year after completion of the first 
     full school year after the date of enactment of this Act, the 
     Secretary shall submit to Congress a report that includes a 
     full and complete analysis of the public school system of 
     each State.
       (b) Contents of Report.--The analysis conducted under 
     subsection (a) shall include the following:
       (1) Public school system information.--The following 
     information related to the public school system of each 
     State:
       (A) The number of school districts, public elementary 
     schools, public secondary schools, and students in the 
     system.
       (B)(i) For each such school district and school--
       (I) information stating the number and percentage of 
     children counted under section 1124(c) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6333(c)); and
       (II) the number and percentage of students, disaggregated 
     by groups described in section 1111(b)(3)(C)(xiii) of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6311(b)(3)(C)(xiii)).
       (ii) For each such district, information stating whether 
     the district is an urban, mixed, or rural district (as 
     defined by the National Center for Education Statistics).
       (C) The average per-pupil expenditure (both in actual 
     dollars and adjusted for cost and need) for the State and for 
     each school district in the State.
       (D) Each school district's decile ranking as measured by 
     achievement in mathematics, reading or language arts, and 
     science on State academic assessments required under section 
     1111(b)(3) of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 6311(b)(3)) and on the National Assessment of 
     Educational Progress.
       (E) For each school district, public elementary school, and 
     public secondary school--
       (i) the level of access (as described in section 111(a)(1)) 
     to each of the fundamentals of educational opportunity 
     described in section 102;
       (ii) the percentage of students that are proficient in 
     mathematics, reading or language arts, and science, as 
     measured through assessments administered as described in 
     section 1111(b)(3)(C)(v) of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6311(b)(3)(C)(v)); and
       (iii) whether the school district or school is making 
     adequate yearly progress--

       (I) as defined under section 1111(b)(2) of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)); 
     and
       (II) as defined by the State under section 111(b)(1)(A).

       (F) For each State, the number of public elementary schools 
     and secondary schools that lack, and names of each such 
     school that lacks, high access (as described in section 
     111(a)(1)(A)) to any of the fundamentals of educational 
     opportunity described in section 102.
       (G) For the year covered by the report, a summary of any 
     changes in the data required in subparagraphs (A) through (F) 
     for each of the preceding 3 years (which may be based on such 
     data as are available, for the first 3 reports submitted 
     under subsection (a)).
       (H) Such other information as the Secretary considers 
     useful and appropriate.
       (2) State actions.--For each State that the Secretary 
     determines under section 101(b) maintains a public school 
     system that fails to meet the requirements of section 101(a), 
     a detailed description and evaluation of the success of any 
     actions taken by the State, and measures proposed to be taken 
     by the State, to meet the requirements.
       (3) State plans.--A copy of each State's most recent plan 
     submitted under section 111(a)(1).
       (4) Relationship between compliance and achievement.--An 
     analysis of the relationship between meeting the requirements 
     of section 101(a) and improving student academic achievement, 
     as measured on State academic assessments required under 
     section 1111(b)(3) of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 6311(b)(3)).
       (c) Scope of Report.--The report required under subsection 
     (a) shall cover the school year ending in the calendar year 
     in which the report is required to be submitted.
       (d) Submission of Data to Secretary.--Each State receiving 
     Federal financial assistance for elementary and secondary 
     education shall submit to the Secretary, at such time and in 
     such manner as the Secretary may reasonably require, such 
     data as the Secretary determines to be necessary to make a 
     determination under section 101(b) and to submit the report 
     under this section. Such data shall include the information 
     used to measure the State's success in providing the 
     fundamentals of educational opportunity described in section 
     102.
       (e) Failure To Submit Data.--If a State fails to submit the 
     data that the Secretary determines to be necessary to make a 
     determination under section 101(b) regarding whether the 
     State maintains a public school system that meets the 
     requirements of section 101(a)--
       (1) such State's public school system shall be deemed not 
     to have met the applicable requirements until the State 
     submits such data and the Secretary is able to make such 
     determination under section 101(b); and
       (2) the Secretary shall provide, to the extent practicable, 
     the analysis required in subsection (a) for the State based 
     on the best data available to the Secretary.
       (f) Publication.--The Secretary shall publish and make 
     available to the general public (including by means of the 
     Internet) the report required under subsection (a).

                           Subtitle D--Remedy

     SEC. 131. CIVIL ACTION FOR ENFORCEMENT.

       A student or parent of a student aggrieved by a violation 
     of this Act may bring a civil action against the appropriate 
     official in an appropriate Federal district court seeking 
     declaratory or injunctive relief to enforce the requirements 
     of this Act, together with reasonable attorney's fees and the 
     costs of the action.

  TITLE II--EFFECTS OF EDUCATIONAL DISPARITIES ON ECONOMIC GROWTH AND 
                            NATIONAL DEFENSE

     SEC. 201. EFFECTS ON ECONOMIC GROWTH AND PRODUCTIVITY.

       (a) Study.--The Commissioner for Education Statistics, in 
     consultation with the Secretary of Commerce, Secretary of 
     Labor, Secretary of the Treasury, and the National

[[Page 9660]]

     Research Council of the National Academy of Sciences, shall 
     conduct a comprehensive study concerning the effects on 
     economic growth and productivity of ensuring that each State 
     public school system meets the requirements of section 
     101(a). Such study shall include assessments of--
       (1) the economic costs to the Nation resulting from the 
     maintenance by States of public school systems that do not 
     meet the requirements of section 101(a);
       (2) the economic gains to be expected from States' 
     compliance with the requirements of section 101(a); and
       (3) the costs, if any, of ensuring that each State 
     maintains a public school system that meets the requirements 
     of section 101(a).
       (b) Report to Congress.--Not later than 1 year after the 
     date of enactment of this Act, the Commissioner for Education 
     Statistics shall submit to Congress a final report detailing 
     the results of the study required under subsection (a).

     SEC. 202. EFFECTS ON NATIONAL DEFENSE.

       (a) Study.--The Commissioner for Education Statistics, in 
     consultation with the Secretary of Defense, shall conduct a 
     comprehensive study concerning the effects on national 
     defense of ensuring that each State public school system 
     meets the requirements of section 101(a). Such study shall 
     include assessments of--
       (1) the detriments to national defense resulting from the 
     maintenance by States of public school systems that do not 
     meet the requirements of section 101(a), including the 
     effects on--
       (A) knowledge and skills necessary for the effective 
     functioning of the Armed Forces;
       (B) the costs to the Armed Forces of training; and
       (C) efficiency resulting from the use of sophisticated 
     equipment and information technology; and
       (2) the gains to national defense to be expected from 
     ensuring that each State public school system meets the 
     requirements of section 101(a).
       (b) Report to Congress.--Not later than 1 year after the 
     date of enactment of this Act, the Commissioner for Education 
     Statistics shall submit to Congress a final report detailing 
     the results of the study required under subsection (a).

                     TITLE III--GENERAL PROVISIONS

     SEC. 301. DEFINITIONS.

       In this Act:
       (1) Referenced terms.--The terms ``elementary school'', 
     ``secondary school'', ``local educational agency'', ``highly 
     qualified'', ``core academic subjects'', ``parent'', and 
     ``average per-pupil expenditure'' have the meanings given 
     those terms in section 9101 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7801).
       (2) Federal elementary and secondary education programs.--
     The term ``Federal elementary and secondary education 
     programs'' means programs providing Federal financial 
     assistance for elementary or secondary education, other than 
     programs under the following provisions of law:
       (A) The Individuals with Disabilities Education Act (20 
     U.S.C. 1400 et seq.).
       (B) Title III of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 6801 et seq.).
       (C) The Richard B. Russell National School Lunch Act (42 
     U.S.C. 1751 et seq.).
       (D) The Child Nutrition Act of 1966 (42 U.S.C. 1771 et 
     seq.).
       (3) Public school system.--The term ``public school 
     system'' means a State's system of public elementary and 
     secondary education.
       (4) State.--The term ``State'' means each of the several 
     States, the District of Columbia, and the Commonwealth of 
     Puerto Rico.

     SEC. 302. RULEMAKING.

       The Secretary may prescribe regulations to carry out this 
     Act.

     SEC. 303. CONSTRUCTION.

       Nothing in this Act shall be construed to require a 
     jurisdiction to increase its property tax or other tax rates 
     or to redistribute revenues from such taxes.
                                 ______
                                 
      By Mr. DURBIN (for Mr. Daschle (for himself and Mr. Johnson)):
  S. 2429. A bill to authorize the Secretary of the Interior to 
reallocate costs of the Pactola Dam and Reservoir, South Dakota, to 
reflect increased demands for municipal, industrial, and fish and 
wildlife purposes; to the Committee on Energy and Natural Resources.
  Mr. DURBIN. 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. 2429

       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 ``Pactola Reservoir 
     Reallocation Authorization Act of 2004''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) it is appropriate to reallocate the costs of the 
     Pactola Dam and Reservoir, South Dakota, to reflect increased 
     demands for municipal, industrial, and fish and wildlife 
     purposes; and
       (2) section 302 of the Department of Energy Organization 
     Act (42 U.S.C. 7152) prohibits such a reallocation of costs 
     without congressional approval.

     SEC. 3. REALLOCATION OF COSTS OF PACTOLA DAM AND RESERVOIR, 
                   SOUTH DAKOTA.

       The Secretary of the Interior may, as provided in the 
     contract of August 2001 entered into between Rapid City, 
     South Dakota, and the Rapid Valley Conservancy District, 
     reallocate, in a manner consistent with Federal reclamation 
     law (the Act of June 17, 1902 (32 Stat. 388, chapter 1093), 
     and Acts supplemental to and amendatory of that Act (43 
     U.S.C. 371 et seq.)), the construction costs of Pactola Dam 
     and Reservoir, Rapid Valley Unit, Pick-Sloan Missouri Basin 
     Program, South Dakota, from irrigation purposes to municipal, 
     industrial, and fish and wildlife purposes.

                          ____________________