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STATEMENTS OF INTRODUCED BILLS AND JOINT RESOLUTIONS -- (Senate - March 29, 2001)

Mr. HARKIN. Mr. President, I am pleased to join Senator Lugar, the chairman of the Committee on Agriculture, Nutrition and Forestry, to introduce this legislation to authorize a national effort to strengthen 4-H's youth development program. With the

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4-H program set to observe its centennial year in 2002, this legislation is a fitting tribute to the tremendous contributions 4-H has made over the years to youth development in both rural and urban communities.

   The 4-H program is uniquely positioned to continue and expand upon its record of service to our youth all across America and across our many diverse communities, from farms to inner cities. 4-H is federally authorized, carried out through state land-grant universities and supported with public and private resources, including from the National 4-H Council. However, the key to 4-H's success is the multitude of volunteers who make the 4-H program work at the local community level.

   This legislation will authorize a new initiative for developing and carrying out strategies for strengthening 4-H youth development in its second century. Working through public-private partnerships, the National 4-H Council will start at the grassroots level with a program of discussions around the country involving meetings, seminars and listening sessions to address the future of 4-H youth development. Based on the information and ideas gathered, a report will be prepared that summarizes and analyzes the discussions, makes specific recommendations of strategies for youth development and proposes a plan of action for carrying out those strategies.

   The objective, of course, is to build on the tradition and success of 4-H to develop new approaches for youth development that are appropriate and effective in the 21st Century. Youth today face ever-growing pressures, demands and challenges far different from those of the past. 4-H has a great deal to offer them, but to be fully successful 4-H must adapt to the realities of an increasingly complex and rapidly changing world. 4-H must also be responsive to the widening diversity of the local communities where its contributions really make a difference.

   In short, 4-H can expand its fine record of service and accomplish even more in its second century by developing new strategies for youth development. That is exactly what this legislation is designed to help achieve. I urge my colleagues to support it.

   By Mr. LEAHY (for himself and Mr. JEFFORDS):

   S. 658. A bill to amend title 32, United States Code, to authorize units of the National Guard to conduct small arms competitions and athletic competitions, and for other purposes; to the Committee on Armed Services.

   Mr. LEAHY. Mr. President, I am pleased to rise today with Senator Jeffords to introduce legislation that will allow the National Guard to participate fully in international sports competitions. Currently, members of the National Guard are involved in a myriad of athletic and small arms competitions, but their authority for such activities is unclear. This legislation will make it easier for the Guard to support the competitions and allow them to use their funds and facilities for such events. This is basic but necessary legislation.

   The National Guard is already participating in these events. The Vermont National Guard hosted the 2001 Conseil International du Sport Militaire, CISM, World Military Ski Championships at the Stowe ski area this month. This military ski event united military personnel from more than 30 countries, promoting friendship and mutual understanding through sports. More than 350 international athletes competed in such events as the biathlon, giant slalom, cross country, and military patrol race. They tested their skill and mettle in the beautiful Green Mountains, where the recent nor'easter added to the already bountiful snow cover there.

   But it takes a lot more than a 3-foot base of powder to carry off these competitions. It takes clear authorities, regulations, and resources. This legislation will allows these important events to continue with full participation of the National Guard. I urge the Senate to join Senator Jeffords and me in sponsoring this legislation and moving it quickly through the legislative process.

   I ask unanimous consent that additional material be printed in the RECORD.

   There being no objection, the material was ordered to be printed in the RECORD, as follows:

S. 658

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

   SECTION 1. CONDUCT OF SMALL ARMS COMPETITIONS AND ATHLETIC COMPETITIONS BY THE NATIONAL GUARD.

    (a) PREPARATION AND PARTICIPATION GENERALLY.--Section 504 of title 32, United States Code, is amended--

    (1) in subsection (a)--

    (A) by striking ``or'' at the end of paragraph (2);

    (B) by striking paragraph (3) and inserting:

    ``(3) prepare for and participate in small arms competition; or''; and

    (C) by adding at the end the following new paragraph:

    ``(4) prepare for and participate in qualifying athletic competitions.''; and

    (2) by adding at the end the following new subsections:

    ``(c)(1) Units of the National Guard may conduct a small arms competition or qualifying athletic competition in conjunction with training required under this chapter if such activity (treating the activity as of it were a provision of services) meets the requirements set forth in paragraphs (1), (3), and (4) of section 508(a) of this title.

    ``(2) Facilities and equipment of the National Guard, including military property and vehicles described in section 508(c) of this title, may be used in connection with activities carried out under paragraph (1).

    ``(3) Except as otherwise provided in an applicable provision of an appropriations Act, amounts appropriated for the National Guard may be used to pay the costs of activities carried out under this subsection and expenses incurred by members of the National Guard in engaging in activities under paragraph (3) or (4) of subsection (a), including participation fees, costs of attendance, costs of travel, per diem, costs of clothing, costs of equipment, and related expenses.

    ``(d) In this section, the term `qualifying athletic competition' means a competition in an athletic event that necessarily involves demonstrations by the competitors of--

    ``(1) skills relevant to the performance of military duties; or

    ``(2) physical fitness consistent with the standards that are applicable to members of the National Guard in evaluations of the physical readiness of members for military duty in the members' armed force.''.

    (b) CLERICAL AMENDMENTS.--(1) The heading of such section is amended to read as follows:``§504. National Guard schools; small arms competitions; athletic competitions''.

    (2) The item relating to such section in the table of sections at the beginning of chapter 5 of title 32, United States Code, is amended to read as follows:

   ``504. National Guard schools; small arms competitions; athletic competitions.''.

--

   Sectional Analysis

   Section XXX amends 32 U.S.C. §504 to allow the National Guard to use appropriated funds to support certain costs of members of the National Guard involved with small arms and other athletic training and competitions to promote morale and military readiness. Although the Department of Defense (DOD), Air Force (USAF), and Army (DA) regulations allow use of appropriated funds to support sports programs, there are some things under general fiscal law principles for which appropriated funds can not be used, unless specifically authorized by law. The Active Components cover these costs with non-appropriated funds. Unlike the Air Force and the Army, the National Guard receives no non-appropriated funds for Morale, Welfare, Recreation (MWR) sports activities and, therefore, can not cover costs associated with sports programs with such funds. Section XXX addresses this inconsistency and provides authority for NGB to spend appropriated funds on items the Active Components generally cover with non-appropriated funds.

   Departmental, national, and international sports competition programs are run by the Army and the Air Force. AR 215-1 and AFI 34-107 outline the requirements for soldier/airmen athletes to apply to compete at this higher level as individuals or as part of departmental teams. 10 U.S.C. §717 provides specific statutory authority to use appropriated funds to purchase personal furnishings for soldier/airmen competitors at this level. This authority, however, can not be used to support the NG sports program because implementing regulations require control and approval at the departmental level. DODD 1330.4, AR 215-1, chap. 8, AFI 34-107. The NG competitive sports program, as with other MACOM level and below sports programs within the Active Components, maintains intramural level sports programs to support athletes who will train to compete for positions on the departmental teams authorized by 10 U.S.C. §717. Section XXX authorizes the NG to use appropriated funds to support a MACOM level sports program on par with Active Component MACOMs.

   Section XXX places two limits on NGB sports activities to ensure any training, participation, or holding of sports events enhances military readiness. First, the amendment allows preparation for and participation in sports events that ``require skills relevant to military duties or involve aspects of physical fitness that are evaluated by the

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armed forces in determining whether a member of the National Guard is fit for military duty.'' Second, the amendment requires the National Guard hold only sports events that ``meet the requirements set forth in paragraphs (1), (3), and (4) of section 508(a)'' of title 32, United States Code. This limitation allows the National Guard Bureau to hold sporting events only if: (1) such event ``does not adversely affect the quality of training or otherwise interfere with the ability of a member or unit of the National Guard to perform the military functions of the member or unit; (2) ``National Guard personnel will enhance their military skills as a result of'' participation in the sports event; and (3) the event ``will not result in a significant increase in the cost of the training.'' 32 U.S.C. 508(a)(1), (3), (4). These limitations safeguard one of the purposes of competitive sporting events within DOD, namely to enhance military readiness.

   Mr. JEFFORDS. Mr. President, It is with great pleasure that Senator LEAHY and I today to introduce the National Guard Competitive Sports Equity Act.

   Passage of this bill will allow the National Guard to utilize appropriated funds in support of National Guard Sports Programs, National Guard Bureau sanctioned competitive events and associated training programs.

   The National Guard Competitive Events and Sports program adds value to the National Guard by enhancing the National Guard's competitive training programs through participation in military, national and international sports competitions. The National Guard Competitive Sports Program trains, coordinates and participates in events such as the Pan Am Games, World Championships and Olympic Games, Competition International Sports Militaire, CISM, and manages the World Class Athlete Program.

   The National Guard Sports Office manages four core programs that include marksmanship, biathlon, parachute competition and marathon programs.

   This legislation is important because it will allow these programs to continue to flourish and provide the National Guard training resource equity on par with similar programs available to active duty soldiers.

   Under current law, active component services are able to utilize Morale, Welfare and Recreation, MWR funds for training, allowances, entry fees, personal clothing and specialized equipment in support of training and competitive events. The Guard does not receive or have access to similar funding sources. The Guard is forced to use training funds potentially earmarked for other events or not participate.

   This important legislation will allow this program to continue and provide the National Guard with the funding flexibility it requires to maintain this highly successful program.

   By Mr. CRAPO (for himself, Mr. CRAIG, Mr. HAGEL, Mr. COCHRAN, Mrs. LINCOLN, Mr. ROBERTS, Mr. HELMS, Mr. DAYTON, and Mr. HUTCHINSON):

   S. 659. A bill to amend title XVIII of the Social Security Act to adjust the labor costs relating to items and services furnished in a geographically reclassified hospital for which reimbursement under the medicare program is provided on a prospective basis; to the Committee on Finance.

   Mr. CRAPO. Mr. President, I rise today to introduce the Medicare Geographic Adjustment Fairness Act of 2001. I am pleased to have the support of several of my colleagues including Senators CRAIG, HAGEL, COCHRAN, LINCOLN, ROBERTS, HELMS, DAYTON, and HUTCHINSON. These members recognize the need for adequate reimbursements for rural health facilities. I am also grateful to Representative BART STUPAK who will be introducing this legislation in the House.

   The Medicare Geographic Adjustment Fairness Act will amend the Social Security Act to redirect additional Medicare reimbursements to rural hospitals. Currently, hospitals throughout the country are losing Medicare reimbursements, which results in severe implications for surrounding communities.

   As you know, in an attempt to keep Medicare from consuming its limited reserves, Congress enacted the Balanced Budget Act of 1997, BBA, which made sweeping changes in the manner that health care providers are reimbursed for services rendered to Medicare beneficiaries. These were the most significant modifications in the history of the program.

   All of the problems with the BBA, whether hospitals, nursing facilities, home health agencies, or skilled nursing facilities, are especially acute in rural states, where Medicare payments are a bigger percentage of hospital revenues and profit margins are generally much lower. These facilities were already managed at a highly efficient level and had ``cut the fat out of the system.'' Therefore, the cuts implemented in the BBA hit the rural communities in Idaho and throughout the United States in a very significant and serious way.

   In the 106th Congress, the Senate did a tremendous job of bringing forth legislation that adjusted Medicare payments to health care providers hurt by cuts ordered in the BBA. While this was a meaningful step, the Senate must continue to address the inequities in the system.

   My bill would expand wage-index reclassification by requiring the Secretary of Health and Human Services to deem a hospital that has been reclassified for purposes of its inpatient wage-index to also reclassify for purposes of other services which are provider-based and for which payments are adjusted using a wage-index. In other words, this legislation would require the Secretary to use a hospital's reclassification wage-index to adjust payments for hospital outpatient, skilled nursing facility, home health, and other services, providing those entities are provider-based. This change should have been made in BBA when Congress required that prospective payment systems be established for these and other services. As such, this change would address an issue that has been left unaddressed for several years.

   It makes sense that, if a hospital has been granted reclassification by the Medicare Geographic Classification Review Board for certain inpatient services, it also be granted wage-index reclassification for outpatient and other services. It is estimated that this provision would help approximately 400 hospitals, 90 percent which are rural. Furthermore, this provision would be budget neutral.

   I know my colleagues in the Senate share my commitment of promoting access to health care services in rural areas. Expanding wage-index geographic reclassification will allow hospitals to recoup lost funds and use those funds to address patients' needs in an appropriate, effective, and meaningful way. I encourage my colleagues to cosponsor the Medicare Geographic Adjustment Fairness Act.

   By Mr. THOMPSON (for himself, Mr. BREAUX, Mr. MURKOWSKI, Mr. JEFFORDS, Mr. GRAMM, Mr. NICKLES, and Mrs. LINCOLN):

   S. 661. A bill to amend the Internal Revenue Code of 1986 to repeal the 4.3-cent motor fuel excise taxes on railroads and inland waterway transportation which remain in the general fund of the Treasury; to the Committee on Finance.

   Mr. THOMPSON. Mr. President, today I am introducing legislation to repeal the 4.3-cent federal excise tax on railroad and inland waterway transportation fuels. This tax was signed into law by President Clinton in 1993 in order to help reduce the federal budget deficit. Now that the budget is in surplus, however, the tax is no longer needed. Railroad and barges should not continue to be the only forms of transportation that must pay this tax for purposes of deficit reduction, particularly during this time of high fuel prices. I am pleased to be joined in my efforts by the Senator from Louisiana, Mr. BREAUX, the Senator from Alaska, Mr. MURKOWSKI, the Senator from Vermont, Mr. JEFFORDS, the Senator from Oklahoma, Mr. NICKLES, the Senator from Texas, Mr. GRAMM, and the Senator from Arkansas, Mrs. LINCOLN.

   The Omnibus Budget Reconciliation Act of 1993 imposed a Federal excise tax of 4.3 cents per gallon on all transportation fuels. The revenue raised from the tax was dedicated to deficit reduction, so tax revenue was deposited in the general fund instead of into any of the transportation trust funds. Prior to the 1993 act, the gasoline, aviation and diesel fuel excise taxes had been considered to be ``user fees.'' The revenue raised from these taxes was deposited into the transportation trust funds and was dedicated to improving highways, airports and waterways. There is

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no railroad trust fund. Therefore, the 1993 act was a significant departure from previous treatment of transportation fuel taxes.

   In 1997, Congress redirected the 4.3-cent gasoline excise tax back into the highway trust fund and the 4.3-cent aviation fuel excise tax back into the airport and airway trust fund as a part of the surface transportation reauthorization bill, TEA-21. The 1997 law restored the gasoline and aviation taxes to their previous status as true user fees. The revenue collected from these taxes are once again used for the benefit of our highways and airports. However, the final version of TEA-21 did not touch the tax on inland waterway barge fuel or railroad fuel, so that tax revenue is still being deposited in the general fund.

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