[Congressional Record Volume 151, Number 111 (Thursday, September 8, 2005)]
[Senate]
[Pages S9852-S9860]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1648. Mr. COBURN (for himself and Mr. Coleman) submitted an 
amendment intended to be proposed by him to the bill H.R. 2862, making 
appropriations for Science, the Departments of State, Justice, and 
Commerce, and related agencies for the fiscal year ending September 30, 
2006, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 170, between lines 9 and 10, insert the following:
       Sec. 304.(a) Notwithstanding the provisions in title III 
     under the heading ``National Institute of Standards and 
     Technology'' and under the subheading ``industrial technology 
     services'', none of the funds appropriated in this Act may be 
     made available for the Advanced Technology Program of the 
     National Institute of Standards and Technology.
       (b) Notwithstanding any other provision of this Act, the 
     amount made available in title III under the heading 
     ``National Oceanic and Atmospheric Administration'' and under 
     the subheading ``operations, research, and facilities'' for 
     the National Weather Service is increased by $4,900,000 and, 
     of the total amount made available for such purpose under 
     such subheading, $3,950,000 shall be made available for the 
     Coastal and Inland Hurricane Monitoring and Prediction 
     Program and $3,950,000 shall be made available for the 
     Hurricane and Tornado Broadcast Campaign.
       (c) Notwithstanding any other provision of this Act, the 
     amount made appropriated in title I under the heading 
     ``Office of Justice Programs'' and under the subheading 
     ``community oriented policing services'' is increased by 
     $72,000,000 and, of the total amount made available under 
     such subheading, not less than $132,100,000 shall be made 
     available for the Methamphetamine Hot Spots program.
       (d) Notwithstanding any other provisions of this Act, the 
     amount made appropriated in title I under the heading 
     ``Office of Justice Programs'' and under the subheading 
     ``state and local law enforcement assistance'' is increased 
     by $48,000,000 and, of the total amount made available under 
     such subheading, not less than $578,000,000 shall be made 
     available for the Justice Assistance Grants program.
                                 ______
                                 
  SA 1649. Mr. SALAZAR submitted an amendment intended to be proposed 
by him to the bill H.R. 2862, making appropriations for Science, the 
Departments of State, Justice, and Commerce, and related agencies for 
the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 142, after line 3, insert the following:
       Sec. __. Within the funds provided for the Drug Enforcement 
     Agency, the Attorney General shall establish a 
     Methamphetamine Task Force within the Drug Enforcement Agency 
     which shall be responsible for improving and targeting the 
     Federal Government's policies with respect to the production 
     and trafficking of methamphetamine: Provided, That within 90 
     days of enactment of this Act, the Drug Enforcement Agency 
     shall submit a plan that outlines the governance structure 
     and membership of the task force: Provided further, That 
     within 120 days the Drug Enforcement Agency shall establish 
     the task force and submit to the Committee on Appropriations 
     of the Senate and the Committee on Appropriations of the 
     House of Representatives the membership of the task force and 
     powers established for the task force.
                                 ______
                                 
  SA 1650. Mr. VOINOVICH (for himself, Mr. DeWine, and Mr. Levin) 
submitted an amendment intended to be proposed by him to the bill H.R. 
2862, making appropriations for Science, the Departments of State, 
Justice, and Commerce, and related agencies for the fiscal year ending 
September 30, 2006, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 170, between lines 9 and 10, insert the following:
       Sec. 304. Of the funds made available under this title for 
     the National Oceanic and Atmospheric Administration, 
     $5,000,000 shall be made available to the Inter-Agency Task 
     Force on Harmful Algal Blooms and Hypoxia for the development 
     of the scientific assessment of hypoxia in United States 
     coastal waters, including the Great Lakes, required by 
     section 603(g) of the Harmful Algal Bloom and Hypoxia 
     Research and Control Act of 1998 (16 U.S.C. 1451 note).
                                 ______
                                 
  SA 1651. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 2862, making appropriations for Science, the 
Departments of State, Justice, and Commerce, and related agencies for 
the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:


[[Page S9853]]


       On page 170, between lines 9 and 10, insert the following:
       Sec. 304. (a) Notwithstanding the provisions in title III 
     under the heading ``National Institute of Standards and 
     Technology'' and under the subheading ``industrial technology 
     services'', none of the funds appropriated in this Act may be 
     made available for the Advanced Technology Program of the 
     National Institute of Standards and Technology.
       (b) Notwithstanding any other provision of this Act, the 
     amount made available in title III under the heading 
     ``National Oceanic and Atmospheric Administration'' and under 
     the subheading ``operations, research, and facilities'' for 
     the National Weather Service is increased by $4,900,000.
       (c) Notwithstanding any other provision of this Act, the 
     amount made appropriated in title I under the heading 
     ``Office of Justice Programs'' and under the subheading 
     ``community oriented policing services'' is increased by 
     $72,000,000 and, of the total amount made available under 
     such subheading, not less than $132,100,000 shall be made 
     available for the Methamphetamine Hot Spots program.
       (d) Notwithstanding any other provisions of this Act, the 
     amount made appropriated in title I under the heading 
     ``Office of Justice Programs'' and under the subheading 
     ``state and local law enforcement assistance'' is increased 
     by $48,000,000 and, of the total amount made available under 
     such subheading, not less than $578,000,000 shall be made 
     available for the Justice Assistance Grants program.
                                 ______
                                 
  SA 1652. Mrs. LINCOLN (for herself, Mr. Reid, Mr. Bingaman, Mr. 
Lautenberg, and Mr. Corzine) proposed an amendment to the bill H.R. 
2862, making appropriations for Science, the Departments of State, 
Justice, and Commerce, and related agencies for the fiscal year ending 
September 30, 2006, and for other purposes; as follows:

       At the appropriate place, insert the following:

               TITLE__TEMPORARY MEDICAID DISASTER RELIEF

     SEC. __01. SHORT TITLE OF TITLE; PURPOSE.

       (a) Short Title of Title.--This title may be cited as the 
     ``Temporary Medicaid Disaster Relief Act of 2005''.
       (b) Purpose.--The purpose of this title is to ensure all 
     those affected by Hurricane Katrina have access to health 
     coverage and medical care through the medicaid program and to 
     authorize temporary changes in such program to guarantee and 
     expedite that coverage and access to care.

     SEC. __02. DISASTER RELIEF PERIOD.

       (a) In General.--For purposes of this title, the term 
     ``disaster relief period'' means the period beginning on 
     August 29, 2005, and, subject to subsection (b), ending on 
     February 28, 2006.
       (b) Presidential Authority To Extend Disaster Relief 
     Period.--
       (1) In general.--The President shall extend the application 
     of section __03 and paragraphs (1) and (2) of section __04(a) 
     until September 30, 2006, unless the President determines 
     that all Katrina Survivors would have sufficient access to 
     health care without such an extension. In the case of such an 
     extension, the reference to ``February 28, 2006'' in 
     subsection (a) shall be considered to be a reference to 
     ``September 30, 2006''.
       (2) Notice to congress.--The President shall notify the 
     Majority and Minority Leaders of the Senate, the Speaker of 
     the House of Representatives, the Minority Leader of the 
     House of Representatives, and the Chairs and Ranking Members 
     of the Committee on Finance of the Senate and the Committees 
     on Energy and Commerce and Ways and Means of the House of 
     Representatives at least 30 days prior to--
       (A) extending the application of such sections; or
       (B) if the President determines not to extend the 
     application of such sections, February 28, 2006.

     SEC. __03. TEMPORARY MEDICAID COVERAGE FOR KATRINA SURVIVORS.

       (a) Definitions.--In this title:
       (1) Katrina survivor.--
       (A) In general.--The term ``Katrina Survivor'' means an 
     individual who is described in subparagraph (B) or (C).
       (B) Residents of disaster localities.--
       (i) In general.--An individual who, on any day during the 
     week preceding the declaration of a public health emergency 
     on August 29, 2005, had a residence in--

       (I) a parish in the State of Louisiana that is among the 
     parishes that the Federal Emergency Management Agency of the 
     Emergency Preparedness and Response Directorate of the 
     Department of Homeland Security declared on September 4, 
     2005, to be Federal Disaster Parishes; or
       (II) a county in the State of Alabama or Mississippi that 
     is among the counties such Agency declared Federal Disaster 
     Counties on September 4, 2005.

       (ii) Authority to rely on website posted designations.--The 
     Secretary of Health and Human Services shall post on the 
     Internet website for the Centers for Medicare & Medicaid 
     Services a list of parishes and counties identified as 
     Federal Disaster Parishes or Counties. Any State which 
     provides medical assistance to Katrina Survivors on the basis 
     of such posting and in accordance with this title shall be 
     held harmless if it is subsequently determined that the 
     provision of such assistance was in error.
       (C) Individuals who lost employment.--An individual who, on 
     any day during the week preceding the declaration of a public 
     health emergency on August 29, 2005, had a residence in a 
     direct impact State and lost their employment since Hurricane 
     Katrina.
       (D) Construction.--A Katrina Survivor shall be treated as 
     being ``from'' the State of residence described in 
     subparagraph (B)(i) or (C), as the case may be.
       (E) Treatment of current medicaid beneficiaries.--Nothing 
     in this title shall be construed as preventing an individual 
     who is otherwise entitled to medical assistance under title 
     XIX of the Social Security Act from being treated as a 
     Katrina Survivor under this title.
       (F) Treatment of homeless persons.--For purposes of this 
     title, in the case of an individual who was homeless on any 
     day during the week described in subparagraph (B)(i), the 
     individual's ``residence'' shall be deemed to be the place of 
     residence as otherwise determined for such an individual 
     under title XIX of the Social Security Act.
       (2) Direct impact state.--The term ``direct impact State'' 
     means the State of Louisiana, Alabama, and Mississippi.
       (b) Rules for Providing Temporary Medical Assistance to 
     Katrina Survivors.--During the disaster relief period, any 
     State may provide medical assistance to Katrina Survivors 
     under a State medicaid plan established under title XIX of 
     the Social Security Act in accordance with the following:
       (1) Uniform eligibility rules.--
       (A) No income, resources, residency, or categorical 
     eligibility requirements.--Such assistance shall be provided 
     without application of any income or resources test, State 
     residency, or categorical eligibility requirements.
       (B) Streamlined eligibility procedures.--The State shall 
     use the following streamlined procedures in processing 
     applications and determining eligibility for medical 
     assistance for Katrina Survivors:
       (i) A common 1-page application form developed by the 
     Secretary of Health and Human Services in consultation with 
     the National Association of State Medicaid Directors. Such 
     form shall include notice regarding the penalties for making 
     a fraudulent application under paragraph (4) and shall 
     require the applicant to assign to the State any rights of 
     the applicant (or any other person who is a Katrina Survivor 
     and on whose behalf the applicant has the legal authority to 
     execute an assignment of such rights) under any group health 
     plan or other third-party coverage for health care.
       (ii) Self-attestation by the applicant that the applicant 
     is a Katrina Survivor.
       (iii) No requirement for documentation evidencing the basis 
     on which the applicant qualifies to be a Katrina Survivor.
       (iii) Issuance of a Medicaid eligibility card to an 
     applicant who completes such application, including the self-
     attestation required under clause (ii). Such card shall be 
     valid during the disaster relief period.
       (iv) If an applicant completes the application and presents 
     it to a provider or facility participating in the State 
     medicaid plan that is qualified to make presumptive 
     eligibility determinations under such plan (which at a 
     minimum shall consist of facilities identified in section 
     1902(a)(55) of the Social Security Act (42 U.S.C. 
     1396a(a)(55)) and it appears to the provider that the 
     applicant is a Katrina Survivor based on the information in 
     the application, the applicant will be deemed to be a Katrina 
     Survivor eligible for medical assistance in accordance with 
     this section, subject to paragraph (3).
       (v) Continuous eligibility, without the need for any 
     redetermination of eligibility, for the duration of the 
     disaster relief period.
       (C) Determination of eligibility for coverage after the 
     termination of the disaster relief period.--In the case of a 
     Katrina Survivor who is receiving medical assistance from a 
     State, prior to the termination of the disaster relief 
     period, the State providing such assistance shall determine 
     whether the Katrina Survivor is eligible for continued 
     medical assistance under the State's eligibility rules 
     otherwise applicable under the State medicaid plan. If a 
     State determines that the individual is so eligible, the 
     State shall provide the individual with written notice of the 
     determination and provide the individual with continued 
     coverage for such medical assistance for so long as the 
     individual remains eligible under such otherwise applicable 
     eligibility rules. If a State determines that the individual 
     is not so eligible, the State shall provide the individual 
     with written notice of the determination, including the 
     reasons for such determination.
       (2) Scope of coverage same as categorically needy.--The 
     State shall treat Katrina Survivors as individuals eligible 
     for medical assistance under the State plan under title XIX 
     of the Social Security Act on the basis of section 
     1902(a)(10)(A)(i) of the Social Security Act (42 U.S.C. 
     1396a(a)(10)(A)(i)), with coverage for such assistance 
     retroactive to August 29, 2005.
       (3) Verification of status as a katrina survivor.--
       (A) In general.--The State shall make a good faith effort 
     to verify the status of a Katrina Survivor enrolled in the 
     State Medicaid plan under the provisions of this section 
     after the determination of the eligibility of the Survivor 
     for medical assistance under such plan.
       (B) Evidence of verification.--A State may satisfy the 
     verification requirement

[[Page S9854]]

     under subparagraph (A) with respect to a Katrina Survivor by 
     showing that the State providing medical assistance obtained 
     information from the Social Security Administration, the 
     Internal Revenue Service, or the State Medicaid Agency for 
     the direct impact State.
       (C) Disallowance of payments for failure to make good faith 
     effort.--If, with respect to the status of a Katrina Survivor 
     enrolled in a State Medicaid plan, the State fails to make 
     the good faith effort required under subparagraph (A), and 
     the Secretary determines that the individual so enrolled is 
     not a Katrina Survivor, the Secretary shall disallow all 
     Federal payments made to the State that are directly 
     attributable to medical assistance provided or administrative 
     costs incurred with respect to the individual during the 
     disaster relief period.
       (4) Penalty for fraudulent applications.--
       (A) Individual liable for costs.--If a State, as the result 
     of verification activities conducted under paragraph (3), 
     determines after a fair hearing that an individual has 
     knowingly made a false self-attestation described in 
     paragraph (1)(B)(ii), the State may, subject to subparagraph 
     (B), seek recovery from the individual for the full amount of 
     the cost of medical assistance provided to the individual 
     under this section.
       (B) Exception.--The Secretary shall exempt a State from 
     seeking recovery under subparagraph (A) if the Secretary 
     determines that it would not be cost-effective for the State 
     to do so.
       (C) Reimbursement to the federal government.--Any amounts 
     recovered by a State in accordance with this paragraph shall 
     be returned to the Federal government, except that a State's 
     administrative costs attributable to obtaining such recovery 
     shall be reimbursed by the Federal government in accordance 
     with section __04(a)(2).
       (5) Exemption from error rate penalties.--All payments 
     attributable to providing medical assistance to Katrina 
     Survivors in accordance with this section shall be 
     disregarded for purposes of section 1903(u) of the Social 
     Security Act.

     SEC. __04. TEMPORARY DISASTER RELIEF FOR STATES UNDER 
                   MEDICAID.

       (a) Increase in Federal Matching Rate.--
       (1) 100 percent fmap for medical assistance.--
     Notwithstanding section 1905(b) of the Social Security Act 
     (42 U.S.C. 1396d(b)), the Federal medical assistance 
     percentage for providing medical assistance under a State 
     medicaid plan under title XIX of such Act to Katrina 
     Survivors or, in the case of a direct impact State, to any 
     individual who is provided medical assistance under the State 
     medicaid plan during the disaster relief period, shall be 100 
     percent.
       (2) 100 percent federal match for certain administrative 
     costs.--Notwithstanding paragraph (7) of section 1903(a) of 
     such Act (42 U.S.C. 1396b(a)), or any other paragraph of such 
     section, the Federal matching rate for costs directly 
     attributable to all administrative activities that relate to 
     the enrollment of Katrina Survivors under section __03 in a 
     State medicaid plan, verification of the status of such 
     Survivors, processing of claims for payment for medical 
     assistance provided to such Survivors under such section, and 
     recovery costs under section __03(b)(4)(C), shall be 100 
     percent. The Secretary shall issue guidance not later 30 days 
     after the date of enactment of this Act on the implementation 
     of this paragraph.
       (b) Limitation on Reduction of FMAP for Fiscal Year 2006 
     for any State.--If the Federal medical assistance percentage 
     (as defined in section 1905(b) of the Social Security Act) 
     determined for a State for fiscal year 2006 is less than the 
     Federal medical assistance percentage determined for the 
     State for fiscal year 2005, the Federal medical assistance 
     percentage for the State for fiscal year 2005 shall apply to 
     the State for fiscal year 2006 only for purposes of title XIX 
     of the Social Security Act.
       (c) Temporary Suspension of Medicare ``Clawback'' and 
     Postponement of Cut-Off of Medicaid Prescription Drug Funding 
     in Affected States.--
       (1) Suspension in application of ``clawback''.--Section 
     1935(c) of the Social Security Act (42 U.S.C. 1396u-5(c)) 
     shall not apply, subject to paragraph (3), before January 
     2007 to a direct impact State or to a State that experiences 
     a significant influx of Katrina Survivors.
       (2) Continuation of medicaid drug coverage for dual 
     eligibles.--Section 1935(d)(1) of such Act shall also not 
     apply, subject to paragraph (3), before January 2007 to a 
     part D eligible individual who is a Katrina Survivor.
       (3) Termination of application of subsection.--Paragraphs 
     (1) and (2) shall no longer apply to a State or a Katrina 
     Survivor, respectively, if the Secretary determines, after 
     consultation with the State, that enrollment of all part D 
     eligible individuals in the State under part D of title XVIII 
     of the Social Security Act who are described in section 
     1935(c)(6)(A)(ii) of such Act can be achieved without a 
     discontinuation in prescription drug coverage for any such 
     individual.
       (4) Definition.--For purposes of this subsection, the term 
     ``State that experiences a significant influx of Katrina 
     Survivors'' means those States, including Arkansas, Florida, 
     Oklahoma, and Texas, that the Secretary of Health and Human 
     Services identifies as having a significant in-migration of 
     Katrina Survivors.

     SEC. __05. ACCOMMODATION OF SPECIAL NEEDS OF KATRINA 
                   SURVIVORS UNDER MEDICARE PROGRAM..

       (a) Exclusion of Disaster Relief Period in Computing Part B 
     Late Enrollment Penalty.--In applying the first sentence of 
     section 1839(b) of the Social Security Act (42 U.S.C. 
     1395r(b)) in the case of a Katrina Survivor, there shall not 
     be taken into account any month any part of which is within 
     the disaster relief period or within the 2-month period 
     following the end of such disaster relief period.
       (b) Part D.--
       (1) Extension of initial enrollment period.--In the case of 
     a Katrina Survivor, the initial enrollment period under 
     section 1860D-1(b)(2) of the Social Security Act (42 U.S.C. 
     1395w-101(b)(2)) shall in no case end before May 15, 2007.
       (2) Flexibility in documentation for low-income 
     subsidies.--For purposes of carrying out section 1860D-14 of 
     the Social Security Act (42 U.S.C. 1395w-114), with respect 
     to Katrina Survivors, the Secretary of Health and Human 
     Services shall establish documentation rules for Katrina 
     Survivors which take into account the loss and unavailability 
     of documents due to Hurricane Katrina.
                                 ______
                                 
  SA 1653. Mr. ENSIGN submitted an amendment intended to be proposed by 
him to the bill H.R. 2862, making appropriations for Science, the 
Departments of State, Justice, and Commerce, and related agencies for 
the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 133, line 11, strike ``$2,287,000'' and insert 
     ``$5,287,000''.
                                 ______
                                 
  SA 1654. Mr. DAYTON (for himself, Mr. Chambliss, Mr. Obama, Mr. 
Kerry, Mr. Harkin, Mr. Hagel, Mrs. Clinton, Ms. Cantwell, Mr. Salazar, 
Mr. Durbin, Mr. Baucus, Mr. Biden, and Mr. Nelson of Nebraska) 
submitted an amendment intended to be proposed by him to the bill H.R. 
2862, making appropriations for Science, the Departments of State, 
Justice, and Commerce, and related agencies for the fiscal year ending 
September 30, 2006, and for other purposes; as follows:

       On page 133, line 24, strike ``$1,078,350,000'' and insert 
     ``$1,353,350,000 of which in addition to amounts provided by 
     the following table $275,000,000 shall be available for 
     Justice Assistance Grants to be offset by reducing 
     appropriations in this title by a total of $275,000,000 to 
     come from activities as follows: $43,000,000 from travel and 
     transportation of persons; $3,000,000 from transportation of 
     things; $27,000,000 from communications, utilities, and 
     miscellaneous charges; $6,000,000 from printing and 
     reproduction; and $196,000,000 from other services''.
                                 ______
                                 
  SA 1655. Mr. SHELBY proposed an amendment to the bill H.R. 2862, 
making appropriations for Science, the Departments of State, Justice, 
and Commerce, and related agencies for the fiscal year ending September 
30, 2006, and for other purposes; as follows:

       On page 144, line 10, strike ``$409,625,000'' and insert 
     ``404,625,000''.
       On page 152, between line 20 and 21, insert the following: 
     ``United States Travel and Tourism Promotion
       For necessary expenses of the United States Travel and 
     Tourism Promotion Program, as authorized by section 210 of 
     Public Law 108-7, for programs promoting travel to the United 
     States including grants, contracts, cooperative agreements 
     and related costs, $5,000,000, to remain available until 
     September 30, 2007.''.
                                 ______
                                 
  SA 1656. Mr. SHELBY proposed an amendment to the bill H.R. 2862, 
making appropriations for Science, the Departments of State, Justice, 
and Commerce, and related agencies for the fiscal year ending September 
30, 2006, and for other purposes; as follows:

       On page 170, between lines 9 and 10, insert the following:
       Sec. 304. Notwithstanding any other provision of this Act, 
     of the amounts made available in this title under the heading 
     ``National Oceanic and Atmospheric Administration'' and under 
     the subheading ``operations, research, and facilities'', not 
     less than $5,800,000 shall be made available for the National 
     Hurricane Center and that such amount may be used to employ 
     individuals in 43 full-time equivalent positions at the 
     National Hurricane Center.
                                 ______
                                 
  SA 1657. Mr. SHELBY proposed an amendment to the bill H.R. 2862, 
making appropriations for Science, the Departments of State, Justice, 
and Commerce, and related agencies for the fiscal year ending September 
30, 2006, and for other purposes; as follows:

       On page 173, beginning in line 2, strike ``: Provided 
     further,'' and all that follows through ``this Act'' in line 
     10.
                                 ______
                                 
  SA 1658. Mr. SHELBY (for Mr. Dorgan) submitted an amendment to the 
bill H.R. 2862, making appropriations for Science, the Departments of 
State, Justice, and Commerce, and related

[[Page S9855]]

agencies for the fiscal year ending September 30, 2006, and for other 
purposes; as follows:

       On page 188, line 10, after ``Alaska'' insert ``or North 
     Dakota''.
                                 ______
                                 
  SA 1659. Mr. HARKIN (for himself, Mr. Smith, Mr. Bingaman, Mr. Wyden, 
Mr. Feingold, Mr. Kennedy, Mr. Obama, Mr. Corzine, and Mr. Durbin) 
proposed an amendment to the bill H.R. 2862, making appropriations for 
Science, the Departments of State, Justice, and Commerce, and related 
agencies for the fiscal year ending September 30, 2006, and for other 
purposes; as follows:

       On page 175, strike lines 6 through 9 and insert the 
     following:
       For payment to the Legal Services Corporation to carry out 
     the purposes of the Legal Services Corporation Act of 1974, 
     $358,527,000, of which $346,251,000 is for basic field 
     programs and required independent audits (of which $8,000,000 
     is for basic field programs providing legal assistance to 
     victims of Hurricane Katrina).
       Notwithstanding any other provisions in the Act, the sums 
     appropriated for the Department of Justice are reduced by $37 
     million. This reduction is to be taken by the Attorney 
     General from accounts receiving an increase in travel and 
     transportation of persons as specified in the President's 
     Fiscal Year 2006 Budget Submittal to Congress pursuant to 31 
     U.S.C. section 1105 and which are in excess of the fiscal 
     year 2005 level;
  SA 1660. Mrs. CLINTON (for herself, Ms. Stabenow, Mr. Corzine, Mr. 
Reed, Mr. Salazar, Mr. Lautenberg, Mr. Jeffords, Mr. Schumer, and Ms. 
Mikulski) submitted an amendment intended to be proposed by him to the 
bill H.R. 2862, making appropriations for Science, the Departments of 
State, Justice, and Commerce, and related agencies for the fiscal year 
ending September 30, 2006, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the appropriate place, insert the following:

                      TITLE __--KATRINA COMMISSION

     SEC. __01. ESTABLISHMENT OF COMMISSION.

       There is established in the legislative branch the Katrina 
     Commission (in this title referred to as the ``Commission'').

     SEC. __02. COMPOSITION OF COMMISSION.

       (a) Members.--The Commission shall be composed of 10 
     members, of whom--
       (1) 1 member shall be appointed by the President, who shall 
     serve as chairman of the Commission;
       (2) 1 member shall be appointed by the leader of the Senate 
     (majority or minority leader, as the case may be) of the 
     Democratic Party, in consultation with the leader of the 
     House of Representatives (majority or minority leader, as the 
     case may be) of the Democratic Party, who shall serve as vice 
     chairman of the Commission;
       (3) 2 members shall be appointed by the senior member of 
     the Senate leadership of the Democratic Party;
       (4) 2 members shall be appointed by the senior member of 
     the leadership of the House of Representatives of the 
     Republican Party;
       (5) 2 members shall be appointed by the senior member of 
     the Senate leadership of the Republican Party; and
       (6) 2 members shall be appointed by the senior member of 
     the leadership of the House of Representatives of the 
     Democratic Party.
       (b) Qualifications; Initial Meeting.--
       (1) Political party affiliation.--Not more than 5 members 
     of the Commission shall be from the same political party.
       (2) Nongovernmental appointees.--An individual appointed to 
     the Commission may not be an officer or employee of the 
     Federal Government or any State or local government.
       (3) Other qualifications.--It is the sense of Congress that 
     individuals appointed to the Commission should be prominent 
     United States citizens who represent a diverse range of 
     citizens and enjoy national recognition and significant depth 
     of experience in such professions as governmental service, 
     emergency preparedness, mitigation planning, cataclysmic 
     planning and response, intergovernmental management, resource 
     planning, recovery operations and planning, Federal 
     coordination, military coordination, and other extensive 
     natural disaster and emergency response experience.
       (4) Deadline for appointment.--All members of the 
     Commission shall be appointed on or before October 1, 2005.
       (5) Initial meeting.--The Commission shall meet and begin 
     the operations of the Commission as soon as practicable.
       (c) Quorum; Vacancies.--After its initial meeting, the 
     Commission shall meet upon the call of the chairman or a 
     majority of its members. Six members of the Commission shall 
     constitute a quorum. Any vacancy in the Commission shall not 
     affect its powers, but shall be filled in the same manner in 
     which the original appointment was made.

     SEC. __03. DUTIES.

       The duties of the Commission are to--
       (1) examine and report upon the Federal, State, and local 
     response to the devastation wrought by Hurricane Katrina in 
     the Gulf Region of the United States of America especially in 
     the States of Louisiana, Mississippi, Alabama, and other 
     areas impacted in the aftermath;
       (2) ascertain, evaluate, and report on the information 
     developed by all relevant governmental agencies regarding the 
     facts and circumstances related to Hurricane Katrina prior to 
     striking the United States and in the days and weeks 
     following;
       (3) build upon concurrent and prior investigations of other 
     entities, and avoid unnecessary duplication concerning 
     information related to existing vulnerabilities;
       (4) make a full and complete accounting of the 
     circumstances surrounding the approach of Hurricane Katrina 
     to the Gulf States, and the extent of the United States 
     government's preparedness for, and response to, the 
     hurricane;
       (5) planning necessary for future cataclysmic events 
     requiring a significant marshaling of Federal resources, 
     mitigation, response, and recovery to avoid significant loss 
     of life;
       (6) an analysis as to whether any decisions differed with 
     respect to response and recovery for different communities, 
     neighborhoods, parishes, and locations and what problems 
     occurred as a result of a lack of a common plan, 
     communication structure, and centralized command structure; 
     and
       (7) investigate and report to the President and Congress on 
     its findings, conclusions, and recommendations for immediate 
     corrective measures that can be taken to prevent problems 
     with Federal response that occurred in the preparation for, 
     and in the aftermath of, Hurricane Katrina so that future 
     cataclysmic events are responded to adequately.

     SEC. __04. FUNCTIONS OF COMMISSION.

       (a) In General.--The functions of the Commission are to--
       (1) conduct an investigation that--
       (A) investigates relevant facts and circumstances relating 
     to the catastrophic impacts that Hurricane Katrina exacted 
     upon the Gulf Region of the United States especially in New 
     Orleans and surrounding parishes, and impacted areas of 
     Mississippi and Alabama; and
       (B) shall include relevant facts and circumstances relating 
     to--
       (i) Federal emergency response planning and execution at 
     the Federal Emergency Management Agency, the Department of 
     Homeland Security, the White House, and all other Federal 
     entities with responsibility for assisting during, and 
     responding to, natural disasters;
       (ii) military and law enforcement response planning and 
     execution;
       (iii) Federal mitigation plans, programs, and policies 
     including prior assessments of existing vulnerabilities and 
     exercises designed to test those vulnerabilities;
       (iv) Federal, State, and local communication 
     interoperability successes and failures;
       (v) past, present, and future Federal budgetary provisions 
     for preparedness, mitigation, response, and recovery;
       (vi) the Federal Emergency Management Agency's response 
     capabilities as an independent agency and as part of the 
     Department of Homeland Security;
       (vii) the role of congressional oversight and resource 
     allocation;
       (viii) other areas of the public and private sectors 
     determined relevant by the Commission for its inquiry; and
       (ix) long-term needs for people impacted by Hurricane 
     Katrina and other forms of Federal assistance necessary for 
     large-scale recovery;
       (2) identify, review, and evaluate the lessons learned from 
     Hurricane Katrina including coordination, management 
     policies, and procedures of the Federal Government, State and 
     local governments, and nongovernmental entities, relative to 
     detection, planning, mitigation, asset prepositioning, and 
     responding to cataclysmic natural disasters such as Hurricane 
     Katrina; and
       (3) submit to the President and Congress such reports as 
     are required by this title containing such findings, 
     conclusions, and recommendations as the Commission shall 
     determine, including proposing organization, coordination, 
     planning, management arrangements, procedures, rules, and 
     regulations.

     SEC. __05. POWERS OF COMMISSION.

       (a) In General.--
       (1) Hearings and evidence.--The Commission or, on the 
     authority of the Commission, any subcommittee or member 
     thereof, may, for the purpose of carrying out this Act--
       (A) hold such hearings and sit and act at such times and 
     places, take such testimony, receive such evidence, 
     administer such oaths; and
       (B) subject to paragraph (2)(A), require, by subpoena or 
     otherwise, the attendance and testimony of such witnesses and 
     the production of such books, records, correspondence, 
     memoranda, papers, and documents, as the Commission or such 
     designated subcommittee or designated member may determine 
     advisable.
       (2) Subpoenas.--
       (A) Issuance.--
       (i) In general.--A subpoena may be issued under this 
     subsection only--

       (I) by the agreement of the chairman and the vice chairman; 
     or
       (II) by the affirmative vote of 6 members of the 
     Commission.

       (ii) Signature.--Subject to clause (i), subpoenas issued 
     under this subsection may be issued under the signature of 
     the chairman or any member designated by a majority of

[[Page S9856]]

     the Commission, and may be served by any person designated by 
     the chairman or by a member designated by a majority of the 
     Commission.
       (B) Enforcement.--
       (i) In general.--In the case of contumacy or failure to 
     obey a subpoena issued under subsection (a), the United 
     States district court for the judicial district in which the 
     subpoenaed person resides, is served, or may be found, or 
     where the subpoena is returnable, may issue an order 
     requiring such person to appear at any designated place to 
     testify or to produce documentary or other evidence. Any 
     failure to obey the order of the court may be punished by the 
     court as a contempt of that court.
       (ii) Additional enforcement.--In the case of any failure of 
     any witness to comply with any subpoena or to testify when 
     summoned under authority of this section, the Commission may, 
     by majority vote, certify a statement of fact constituting 
     such failure to the appropriate United States attorney, who 
     may bring the matter before the grand jury for its action, 
     under the same statutory authority and procedures as if the 
     United States attorney had received a certification under 
     sections 102 through 104 of the Revised Statutes of the 
     United States (2 U.S.C. 192 through 194).
       (b) Contracting.--The Commission may, to such extent and in 
     such amounts as are provided in appropriation Acts, enter 
     into contracts to enable the Commission to discharge its 
     duties under this title.
       (c) Information From Federal Agencies.--
       (1) In general.--The Commission is authorized to secure 
     directly from any executive department, bureau, agency, 
     board, commission, office, independent establishment, or 
     instrumentality of the Government, information, suggestions, 
     estimates, and statistics for the purposes of this title. 
     Each department, bureau, agency, board, commission, office, 
     independent establishment, or instrumentality shall, to the 
     extent authorized by law, furnish such information, 
     suggestions, estimates, and statistics directly to the 
     Commission, upon request made by the chairman, the chairman 
     of any subcommittee created by a majority of the Commission, 
     or any member designated by a majority of the Commission.
       (2) Receipt, handling, storage, and dissemination.--
     Information shall only be received, handled, stored, and 
     disseminated by members of the Commission and its staff 
     consistent with all applicable statutes, regulations, and 
     Executive orders.
       (d) Assistance From Federal Agencies.--
       (1) General services administration.--The Administrator of 
     General Services shall provide to the Commission on a 
     reimbursable basis administrative support and other services 
     for the performance of the Commission's functions.
       (2) Other departments and agencies.--In addition to the 
     assistance prescribed in paragraph (1), departments and 
     agencies of the United States may provide to the Commission 
     such services, funds, facilities, staff, and other support 
     services as they may determine advisable and as may be 
     authorized by law.
       (e) Gifts.--The Commission may accept, use, and dispose of 
     gifts or donations of services or property.
       (f) Postal Services.--The Commission may use the United 
     States mails in the same manner and under the same conditions 
     as departments and agencies of the United States.

     SEC. __06. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE 
                   ACT.

       (a) In General.--The Federal Advisory Committee Act (5 
     U.S.C. App.) shall not apply to the Commission.
       (b) Public Meetings and Release of Public Versions of 
     Reports.--The Commission shall--
       (1) hold public hearings and meetings to the extent 
     appropriate; and
       (2) release public versions of the reports required under 
     section __10.
       (c) Public Hearings.--Any public hearings of the Commission 
     shall be conducted in a manner consistent with the protection 
     of information provided to or developed for or by the 
     Commission as required by any applicable statute, regulation, 
     or Executive order.

     SEC. __07. STAFF OF COMMISSION.

       (a) In General.--
       (1) Appointment and compensation.--The chairman, in 
     consultation with the vice chairman, in accordance with rules 
     agreed upon by the Commission, may appoint and fix the 
     compensation of a staff director and such other personnel as 
     may be necessary to enable the Commission to carry out its 
     functions, without regard to the provisions of title 5, 
     United States Code, governing appointments in the competitive 
     service, and without regard to the provisions of chapter 51 
     and subchapter III of chapter 53 of such title relating to 
     classification and General Schedule pay rates, except that no 
     rate of pay fixed under this subsection may exceed the 
     equivalent of that payable for a position at level V of the 
     Executive Schedule under section 5316 of title 5, United 
     States Code.
       (2) Personnel as federal employees.--
       (A) In general.--The executive director and any personnel 
     of the Commission who are employees shall be employees under 
     section 2105 of title 5, United States Code, for purposes of 
     chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title.
       (B) Members of commission.--Subparagraph (A) shall not be 
     construed to apply to members of the Commission.
       (b) Detailees.--Any Federal Government employee may be 
     detailed to the Commission without reimbursement from the 
     Commission, and such detailee shall retain the rights, 
     status, and privileges of his or her regular employment 
     without interruption.
       (c) Consultant Services.--The Commission is authorized to 
     procure the services of experts and consultants in accordance 
     with section 3109 of title 5, United States Code, but at 
     rates not to exceed the daily rate paid a person occupying a 
     position at level IV of the Executive Schedule under section 
     5315 of title 5, United States Code.

     SEC. __08. COMPENSATION AND TRAVEL EXPENSES.

       (a) Compensation.--Each member of the Commission may be 
     compensated at not to exceed the daily equivalent of the 
     annual rate of basic pay in effect for a position at level IV 
     of the Executive Schedule under section 5315 of title 5, 
     United States Code, for each day during which that member is 
     engaged in the actual performance of the duties of the 
     Commission.
       (b) Travel Expenses.--While away from their homes or 
     regular places of business in the performance of services for 
     the Commission, members of the Commission shall be allowed 
     travel expenses, including per diem in lieu of subsistence, 
     in the same manner as persons employed intermittently in the 
     Government service are allowed expenses under section 5703(b) 
     of title 5, United States Code.

     SEC. __09. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND 
                   STAFF.

       The appropriate Federal agencies or departments shall 
     cooperate with the Commission in expeditiously providing to 
     the Commission members and staff appropriate security 
     clearances to the extent possible pursuant to existing 
     procedures and requirements, except that no person shall be 
     provided with access to classified information under this 
     title without the appropriate security clearances.

     SEC. __10. REPORTS OF COMMISSION; TERMINATION.

       (a) Interim Reports.--The Commission may submit to the 
     President and Congress interim reports containing such 
     findings, conclusions, and recommendations for corrective 
     measures as have been agreed to by a majority of Commission 
     members.
       (b) Final Report.--Not later than 6 months after the date 
     of the enactment of this title, the Commission shall submit 
     to the President and Congress a final report containing such 
     findings, conclusions, and recommendations for corrective 
     measures as have been agreed to by a majority of Commission 
     members.
       (c) Termination.--
       (1) In general.--The Commission, and all the authorities of 
     this Act, shall terminate 60 days after the date on which the 
     final report is submitted under subsection (b).
       (2) Administrative activities before termination.--The 
     Commission may use the 60-day period referred to in paragraph 
     (1) for the purpose of concluding its activities, including 
     providing testimony to committees of Congress concerning its 
     reports and disseminating the final report.

     SEC. __11. FUNDING.

       (a) Emergency Appropriation of Funds.--There are authorized 
     to be appropriated $3,000,000 for purposes of the activities 
     of the Commission under this title and such funding is 
     designated as emergency spending under section 402 of H. Con. 
     Res. 95 (109th Congress).
       (b) Duration of Availability.--Amounts made available to 
     the Commission under subsection (a) shall remain available 
     until the termination of the Commission.
                                 ______
                                 
  SA 1661. Mr. BIDEN (for himself, Mr. Durbin, Mrs. Clinton, Mr. Kerry, 
and Mr. Reed) proposed an amendment to the bill H.R. 2862, making 
appropriations for Science, the Departments of State, Justice, and 
Commerce, and related agencies for the fiscal year ending September 30, 
2006, and for other purposes; as follows:

       At the end of the bill, insert the following:

     TITLE VII--EMERGENCY RELIEF FOR VICTIMS OF HURRICANE KATRINA.

       In addition to amounts otherwise provided for in this Act, 
     the following amounts are appropriated for fiscal year 2006 
     and designated as an emergency requirement pursuant to 
     section 402 of H. Con. Res. 95 (109th Congress):
       (1) Enhancing state and local law enforcement.--
     $1,000,000,000 to the Community Oriented Policing Services 
     function in the following amounts:
       (A) $700,000,000 added to the Hiring section.
       (B) $300,000,000 to the Interoperable Communications 
     Technology section.
       (2) Assisting children impacted by hurricane katrina.--
     Under the Missing Children Program, $10,000,000 to the 
     National Center for Missing and Exploited Children to find, 
     unite, and transport children impacted by Hurricane Katrina 
     to their parents, legal guardian, or next of kin.
       (3) Assisting victims of sexual abuse and domestic 
     violence.--Under the Violence Against Women Act function, 
     $8,000,000 for the Office of Violence Against Women to assist 
     victims of domestic violence and sexual abuse in the areas 
     impacted by Hurricane Katrina in the following amounts:
       (A) $2,000,000 for the Rape Abuse and Incest National 
     Network (RAINN) to rebuild crises centers, provide emergency 
     counseling services in shelters, provide emergency counseling 
     services in shelters, provide adequate

[[Page S9857]]

     services in communities with evacuees, and provide adequate 
     short- and long-term support for displaced persons across the 
     country.
       (B) $1,000,000 for nonprofit, nongovernmental statewide 
     coalitions serving sexual assault victims within the State to 
     be used to assist victims of sexual assault affected by 
     Hurricane Katrina as determined by the assessment of 
     statewide coalitions.
       (C) $6,000,000 to be allocated, in consultation with the 
     Department of Health and Human Services, to nonprofit, 
     nongovernmental statewide domestic violence coalitions 
     serving domestic violence programs within the State to be 
     used to assist victims of domestic violence affected by 
     Hurricane Katrina as determined by the assessment of the 
     statewide coalitions, and that the statewide coalitions can 
     assess those needs.
                                 ______
                                 
  SA 1662. Mr. SARBANES proposed an amendment to the bill H.R. 2862, 
making appropriations for Science, the Departments of State, Justice, 
and Commerce, and related agencies for the fiscal year ending September 
30, 2006, and for other purposes; as follows:

       On page 190, after line 14, insert the following:

     SECTION 522. HURRICANE KATRINA EMERGENCY ASSISTANCE VOUCHERS.

       (a) Short Title.--This section may be cited as the 
     ``Helping to House the Victims of Hurricane Katrina Act of 
     2005''.
       (b) Hurricane Katrina Emergency Assistance Vouchers.--
     Section 8(o) of the United States Housing Act of 1937 (42 
     U.S.C. 1437f(o)) is amended by adding at the end the 
     following:
       ``(20) Hurricane katrina emergency assistance vouchers.--
       ``(A) In general.--During the 6-month period beginning on 
     the date of enactment of the Helping to House the Victims of 
     Hurricane Katrina Act of 2005, the Secretary shall provide 
     temporary rental assistance to any individual or family, if--
       ``(i) the individual or family resides, or resided on 
     August 29, 2005, in any area that is subject to a declaration 
     by the President of a major disaster or emergency under the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5121 et seq.) in connection with Hurricane 
     Katrina; and
       ``(ii) the residence of the individual or family became 
     uninhabitable or inaccessible as result of that major 
     disaster or emergency.
       ``(B) Regulations.--Not later than 30 days after the date 
     of enactment of the Helping to House the Victims of Hurricane 
     Katrina Act of 2005, the Secretary shall issue final rules to 
     establish the procedures applicable to the issuance of 
     assistance under subparagraph (A).
       ``(C) Notice.--The Secretary, in consultation with the 
     Director of the Federal Emergency Management Agency and such 
     other agencies as the Secretary determines appropriate, shall 
     establish procedures for providing notice of the availability 
     of assistance under this paragraph to individuals or families 
     that may be eligible for such assistance.
       ``(D) Authority to contract with pha's and others.--The 
     Secretary may contract with any State or local government 
     agency or public housing agency, or in consultation with any 
     State or local government agency, with any other entity, to 
     ensure that assistance payments under this paragraph are 
     provided in an efficient and expeditious manner.
       ``(E) Waiver of eligibility requirements.--In providing 
     assistance under this paragraph, the Secretary shall waive 
     the requirements under--
       ``(i) paragraph (2), relating to tenant contributions 
     towards rent, except that any such waiver shall expire on an 
     individual's return to work;
       ``(ii) paragraph (4), relating to the eligibility of 
     individuals to receive assistance;
       ``(iii) subsection (k) and paragraph (5) of this 
     subsection, relating to verification of income;
       ``(iv) paragraph (7)(A), relating to the requirement that 
     leases shall be for a term of 1 year;
       ``(v) paragraph (8), relating to initial inspection of 
     housing units by a public housing agency; and
       ``(vi) subsection (r)(1)(B), relating to restrictions on 
     portability.
       ``(F) Use of funds.--Notwithstanding any other provision of 
     law, funds available for assistance under this paragraph--
       ``(i) shall be made available by the Secretary to 
     individuals to cover the cost of--

       ``(I) rent;
       ``(II) security and utility deposits;
       ``(III) relocation expenses, including expenses incurred in 
     relocating back to the major disaster area when such 
     relocation is permitted; and
       ``(IV) such additional expenses as the Secretary determines 
     necessary; and

       ``(ii) shall be used by the Secretary--

       ``(I) for payments to public housing agencies, State or 
     local government agencies, or other voucher administrators 
     for vouchers used to assist individuals or families affected 
     by the major disaster or emergency described in this 
     paragraph up to their authorized level of vouchers, if any 
     such vouchers are not otherwise funded; and
       ``(II) to provide operating subsidies to public housing 
     agencies for public housing units provided to individuals or 
     families affected by the major disaster or emergency 
     described in this paragraph, if such a subsidy was not 
     previously provided for those units.

       ``(G) Payment standard.--For purposes of this paragraph, 
     the payment standard for each size of dwelling unit in a 
     market area may not exceed 150 percent, or higher if the 
     Secretary approves of such increase, of the fair market 
     rental established under subsection (c) for the same size 
     dwelling unit in the same market area, and shall be not less 
     than 90 percent of that fair market rental.
       ``(H) Nondiscrimination.--In selecting individuals or 
     families for tenancy, a landlord or owner may not exclude or 
     penalize an individual or family solely because any portion 
     of the rental payment of that individual or family is 
     provided under this paragraph.
       ``(I) Termination of assistance.--Assistance provided under 
     this paragraph shall--
       ``(i) terminate 6 months after the date on which such 
     assistance was received; and
       ``(ii) extend for an additional 6 months unless at that 
     time the Secretary makes a determination that assistance 
     under this paragraph is no longer needed.
       ``(21) Assistance for current voucher recipients affected 
     by hurricane katrina.--
       ``(A) In general.--The Secretary shall waive any of the 
     requirements described in clauses (i) through (vi) of 
     paragraph (20)(E) for any individual or family receiving 
     assistance under this section on August 29, 2005, if--
       ``(i) the individual or family resides, or resided on 
     August 29, 2005, in any area that is subject to a declaration 
     by the President of a major disaster or emergency under the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5121 et seq.) in connection with Hurricane 
     Katrina; and
       ``(ii) the residence of the individual or family became 
     uninhabitable or inaccessible as result of that major 
     disaster or emergency.
       ``(B) Additional uses of funds.--Notwithstanding any other 
     provision of law, the Secretary shall provide, as the 
     Secretary determines appropriate, supplemental assistance to 
     an individual or family receiving assistance under this 
     section on August 29, 2005, and meeting the requirements 
     described in subparagraph (A), to assist the individual or 
     family with the additional costs of relocating to new 
     housing, including to cover--
       ``(i) the additional cost of rent and utilities;
       ``(ii) security and utility deposits;
       ``(iii) relocation expenses, including expenses incurred in 
     relocating back to the major disaster area when such 
     relocation is permitted; and
       ``(iv) such additional expenses as the Secretary determines 
     necessary.
       ``(C) Payment standard.--For purposes of this paragraph, 
     the payment standard for each size of dwelling unit in a 
     market area may not exceed 150 percent, or higher if the 
     Secretary approves of such increase, of the fair market 
     rental established under subsection (c) for the same size 
     dwelling unit in the same market area, and shall be not less 
     than 90 percent of that fair market rental.
       ``(D) Nondiscrimination.--A landlord or owner may not 
     exclude or penalize an individual or family solely because 
     that individual or family is eligible for any waivers or 
     benefits provided under this paragraph.
       ``(E) Termination of authority.--The authority of the 
     Secretary to provide assistance under this paragraph shall--
       ``(i) apply during the 6-month period beginning on the date 
     of enactment of the Helping to House the Victims of Hurricane 
     Katrina Act of 2005; and
       ``(ii) extend for an additional 6 months after that period, 
     unless if at that time the Secretary makes a determination 
     that assistance under this paragraph is no longer needed.
       ``(22) Authority of the secretary to directly administer 
     vouchers when pha's are unable to do so.--If the Secretary 
     determines that a public housing agency is unable to 
     implement the provisions of this subsection due to the 
     effects of Hurricane Katrina, the Secretary may--
       ``(A) directly administer any voucher program described in 
     paragraphs (1) through (20); and
       ``(B) perform the functions assigned to a public housing 
     agency by this subsection.''.
       (c) Report on Inventory of Availability of Temporary 
     Housing.--Not later than 10 days after the date of enactment 
     of this Act, the Secretary of Defense, the Administrator of 
     the General Services Administration, the Secretary of 
     Agriculture, and such other agency heads as the Secretary 
     determines appropriate, shall compile and report to the 
     Secretary an inventory of Federal civilian and defense 
     facilities that can be used--
       (1) to provide emergency housing; or
       (2) as locations for the construction or deployment of 
     temporary housing units.
       (d) Appropriation of Funding.--
       (1) In general.--There are authorized to be appropriated 
     and are appropriated $3,500,000,000 to provide assistance 
     under this Act.
       (2) Emergency designation.--The amount appropriated under 
     paragraph (1) is designated as an emergency requirement 
     pursuant to section 402 of H. Con. Res. 95 (109th Congress).
                                 ______
                                 
  SA 1663. Mr. LOTT submitted an amendment intended to be proposed by 
him to the bill H.R. 2862, making appropriations for Science, the 
Departments of State, Justice, and Commerce, and related agencies for 
the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:


[[Page S9858]]


       On page 170, between lines 9 and 10, insert the following:
       Sec. 304. Of the amounts made available in this title under 
     the heading ``National Oceanic and Atmospheric 
     Administration'' and under the subheading ``operations, 
     research, and facilities'' for the National Marine Fisheries 
     Service--
       (1) not more than $104,107,000 may be expended for 
     headquarters programs, including corporate management and 
     leadership and Silver Spring programs;
       (2) $5,000,000 shall be for Southeastern shrimp product 
     quality and marketing;
       (3) $3,000,000 shall be for Gulf of Mexico oyster 
     restoration;
       (4) $3,000,000 shall be for Alaska near shore fisheries;
       (5) $3,000,000 shall be for Pacific Coastal Fisheries 
     Information Network catch effort data;
       (6) $2,000,000 shall be for recreational fishing catch and 
     release mortality research;
       (7) $1,000,000 shall be for the Hawaii stock enhancement 
     program;
       (8) $1,000,000 shall be for bluefish and striped bass 
     research and management;
       (9) $1,000,000 shall be for Great Lakes restoration 
     programs; and
       (10) $1,000,000 shall be for New England stock depletion 
     programs.
                                 ______
                                 
  SA 1664. Mr. LOTT submitted an amendment intended to be proposed by 
him to the bill H.R. 2862, making appropriations for Science, the 
Departments of State, Justice, and Commerce, and related agencies for 
the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 170, between lines 9 and 10, insert the following:
       Sec. 304. Of the amounts made available in this title under 
     the heading ``National Oceanic and Atmospheric 
     Administration'' and under the subheading ``operations, 
     research, and facilities'' for the National Marine Fisheries 
     Service--
       (1) not more than $116,107,000 may be expended for 
     headquarters programs, including corporate management and 
     leadership and Silver Spring programs;
       (2) $5,000,000 shall be for Southeastern shrimp product 
     quality and marketing; and
       (3) $3,000,000 shall be for Gulf of Mexico oyster 
     restoration.
                                 ______
                                 
  SA 1665. Mr. DORGAN (for himself, Mr. Graham, and Ms. Stabenow) 
proposed an amendment to the bill H.R. 2862, making appropriations for 
Science, the Departments of State, Justice, and Commerce, and related 
agencies for the fiscal year ending September 30, 2006, and for other 
purposes; as follows:

       On page 190, between lines 14 and 15, insert the following:
       Sec. 522. None of the funds appropriated or otherwise made 
     available by this Act may be used to negotiate or enter into 
     a trade agreement that modifies or amends any law of the 
     United States that provides safeguards from unfair foreign 
     trade practices to United States businesses or workers, 
     including (1) imposition of countervailing and antidumping 
     duties (title VII of the Tariff Act of 1930; 19 U.S.C. 1671 
     et seq.); (2) protection from unfair methods of competition 
     and unfair acts in the importation of articles (section 337 
     of the Tariff Act of 1930; 19 U.S.C. 1337); (3) relief from 
     injury caused by import competition (title II of the Trade 
     Act of 1974; 19 U.S.C. 2251 et seq.); (4) relief from unfair 
     trade practices (title III of the Trade Act of 1974; 19 
     U.S.C. 2411 et seq.); or (5) national security import 
     restrictions (section 232 of the Trade Expansion Act of 1962; 
     19 U.S.C. 1862).
                                 ______
                                 
  SA 1666. Mr. NELSON of Florida submitted an amendment intended to be 
proposed by him to the bill H.R. 2862, making appropriations for 
Science, the Departments of State, Justice, and Commerce, and related 
agencies for the fiscal year ending September 30, 2006, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 170, between lines 9 and 10, insert the following:
       Sec. 304. The Administrator of the National Oceanic and 
     Atmospheric Administration shall--
       (1) make available the data and information services of 
     such Administration, including forecasts and warnings of the 
     National Weather Service, in a timely, open, and unrestricted 
     manner using widely accepted information standards, including 
     the Internet; and
       (2) cooperate closely with public safety agencies and other 
     entities, including private sector entities and the media, to 
     achieve the widest possible understanding of information 
     critical to the protection of life and property and the 
     enhancement of the economy of the United States.
                                 ______
                                 
  SA 1667. Ms. CANTWELL submitted an amendment intended to be proposed 
by her to the bill H.R. 2862, making appropriations for Science, the 
Departments of State, Justice, and Commerce, and related agencies for 
the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 135, line 25, strike ``$515,087,000'' and insert 
     ``$534,987,000, of which $19,900,000 shall be offset by 
     reducing appropriations in this title for other expenses by a 
     total of $19,900,000,''.
       
       On page 136, between lines 13 and 14, in the item relating 
     to Methamphetamine Hot Spots, strike ``$60,100,000'' and 
     insert ``$80,000,000''.
                                 ______
                                 
  SA 1668. Mr. BINGAMAN submitted an amendment intended to be proposed 
by him to the bill H.R. 2862, making appropriations for Science, the 
Departments of State, Justice, and Commerce, and related agencies for 
the fiscal year ending September 30, 2006, and for other purposes; as 
follows:

       On page 137, line 3, strike ``$350,000,000'' and insert 
     ``$352,000,000 of which $2,000,000 shall be for grants for 
     methamphetamine prevention education programs in elementary 
     and secondary schools to be offset by a reduction of 
     $2,000,000 in the Drug Enforcement Agency salaries and 
     expenses in this Act''.
                                 ______
                                 
  SA 1669. Mr. SUNUNU proposed an amendment to the bill H.R. 2862, 
making appropriations for Science, the Departments of State, Justice, 
and Commerce, and related agencies for the fiscal year ending September 
30, 2006, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 131, line 14, strike ``$15,000,000'' and insert 
     ``$30,000,000''.
       On page 134, between lines 4 and 5, strike ``$170,000,000'' 
     and insert ``$230,582,000''.
       On page 134, between lines 4 and 5, strike ``$30,000,000'' 
     and insert ``$48,418,000''.
       On page 156, strike lines 3 through 7 and insert the 
     following:
       In addition, for necessary expenses for existing grant 
     projects of the Advanced Technology Program of the National 
     Institute of Standards and Technology, $46,000,000, to remain 
     available until expended.
                                 ______
                                 
  SA 1670. Mr. DORGAN submitted an amendment intended to be proposed by 
him to the bill H.R. 2862, making appropriations for Science, the 
Departments of State, Justice, and Commerce, and related agencies for 
the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

    TITLE __--SPECIAL COMMITTEE OF SENATE ON WAR AND RECONSTRUCTION 
                              CONTRACTING

     SEC. __01. FINDINGS.

       Congress makes the following findings:
       (1) The wars in Iraq and Afghanistan have exerted very 
     large demands on the Treasury of the United States and 
     required tremendous sacrifice by the members of the Armed 
     Forces of the United States.
       (2) Congress has a constitutional responsibility to ensure 
     comprehensive oversight of the expenditure of United States 
     Government funds.
       (3) Waste and corporate abuse of United States Government 
     resources are particularly unacceptable and reprehensible 
     during times of war.
       (4) The magnitude of the funds involved in the 
     reconstruction of Afghanistan and Iraq and the war on 
     terrorism, together with the speed with which these funds 
     have been committed, presents a challenge to the effective 
     performance of the traditional oversight function of Congress 
     and the auditing functions of the executive branch.
       (5) The Senate Special Committee to Investigate the 
     National Defense Program, popularly know as the Truman 
     Committee, which was established during World War II, offers 
     a constructive precedent for bipartisan oversight of wartime 
     contracting that can also be extended to wartime and postwar 
     reconstruction activities.
       (6) The Truman Committee is credited with an extremely 
     successful investigative effort, performance of a significant 
     public education role, and achievement of fiscal savings 
     measured in the billions of dollars.
       (7) The public has a right to expect that taxpayer 
     resources will be carefully disbursed and honestly spent.

     SEC. __02. SPECIAL COMMITTEE ON WAR AND RECONSTRUCTION 
                   CONTRACTING.

       There is established a special committee of the Senate to 
     be known as the Special Committee on War and Reconstruction 
     Contracting (hereafter in this title referred to as the 
     ``Special Committee'').

     SEC. __03. PURPOSE AND DUTIES.

       (a) Purpose.--The purpose of the Special Committee is to 
     investigate the awarding and performance of contracts to 
     conduct military, security, and reconstruction activities in 
     Afghanistan and Iraq and to support the prosecution of the 
     war on terrorism.
       (b) Duties.--The Special Committee shall examine the 
     contracting actions described in subsection (a) and report on 
     such actions, in accordance with this section, regarding--
       (1) bidding, contracting, accounting, and auditing 
     standards for Federal Government contracts;
       (2) methods of contracting, including sole-source contracts 
     and limited competition or noncompetitive contracts;

[[Page S9859]]

       (3) subcontracting under large, comprehensive contracts;
       (4) oversight procedures;
       (5) consequences of cost-plus and fixed price contracting;
       (6) allegations of wasteful and fraudulent practices;
       (7) accountability of contractors and Government officials 
     involved in procurement and contracting;
       (8) penalties for violations of law and abuses in the 
     awarding and performance of Government contracts; and
       (9) lessons learned from the contracting process used in 
     Iraq and Afghanistan and in connection with the war on 
     terrorism with respect to the structure, coordination, 
     management policies, and procedures of the Federal 
     Government.
       (c) Investigation of Wasteful and Fraudulent Practices.--
     The investigation by the Special Committee of allegations of 
     wasteful and fraudulent practices under subsection (b)(6) 
     shall include investigation of allegations regarding any 
     contract or spending entered into, supervised by, or 
     otherwise involving the Coalition Provisional Authority, 
     regardless of whether or not such contract or spending 
     involved appropriated funds of the United States.
       (d) Evidence Considered.--In carrying out its duties, the 
     Special Committee shall ascertain and evaluate the evidence 
     developed by all relevant governmental agencies regarding the 
     facts and circumstances relevant to contracts described in 
     subsection (a) and any contract or spending covered by 
     subsection (c).

     SEC. __04. COMPOSITION OF SPECIAL COMMITTEE.

       (a) Membership.--
       (1) In general.--The Special Committee shall consist of 7 
     members of the Senate of whom--
       (A) 4 members shall be appointed by the President pro 
     tempore of the Senate, in consultation with the majority 
     leader of the Senate; and
       (B) 3 members shall be appointed by the minority leader of 
     the Senate.
       (2) Date.--The appointments of the members of the Special 
     Committee shall be made not later than 90 days after the date 
     of the enactment of this Act.
       (b) Vacancies.--Any vacancy in the Special Committee shall 
     not affect its powers, but shall be filled in the same manner 
     as the original appointment.
       (c) Service.--Service of a Senator as a member, chairman, 
     or ranking member of the Special Committee shall not be taken 
     into account for the purposes of paragraph (4) of rule XXV of 
     the Standing Rules of the Senate.
       (d) Chairman and Ranking Member.--The chairman of the 
     Special Committee shall be designated by the majority leader 
     of the Senate, and the ranking member of the Special 
     Committee shall be designated by the minority leader of the 
     Senate.
       (e) Quorum.--
       (1) Reports and recommendations.--A majority of the members 
     of the Special Committee shall constitute a quorum for the 
     purpose of reporting a matter or recommendation to the 
     Senate.
       (2) Testimony.--One member of the Special Committee shall 
     constitute a quorum for the purpose of taking testimony.
       (3) Other business.--A majority of the members of the 
     Special Committee, or \1/3\ of the members of the Special 
     Committee if at least one member of the minority party is 
     present, shall constitute a quorum for the purpose of 
     conducting any other business of the Special Committee.

     SEC. __05. RULES AND PROCEDURES.

       (a) Governance Under Standing Rules of Senate.--Except as 
     otherwise specifically provided in this resolution, the 
     investigation, study, and hearings conducted by the Special 
     Committee shall be governed by the Standing Rules of the 
     Senate.
       (b) Additional Rules and Procedures.--The Special Committee 
     may adopt additional rules or procedures if the chairman and 
     ranking member agree that such additional rules or procedures 
     are necessary to enable the Special Committee to conduct the 
     investigation, study, and hearings authorized by this 
     resolution. Any such additional rules and procedures--
       (1) shall not be inconsistent with this resolution or the 
     Standing Rules of the Senate; and
       (2) shall become effective upon publication in the 
     Congressional Record.

     SEC. __06. AUTHORITY OF SPECIAL COMMITTEE.

       (a) In General.--The Special Committee may exercise all of 
     the powers and responsibilities of a committee under rule 
     XXVI of the Standing Rules of the Senate.
       (b) Hearings.--The Special Committee or, at its direction, 
     any subcommittee or member of the Special Committee, may, for 
     the purpose of carrying out this resolution--
       (1) hold such hearings, sit and act at such times and 
     places, take such testimony, receive such evidence, and 
     administer such oaths as the Special Committee or such 
     subcommittee or member considers advisable; and
       (2) require, by subpoena or otherwise, the attendance and 
     testimony of such witnesses and the production of such books, 
     records, correspondence, memoranda, papers, documents, tapes, 
     and materials as the Special Committee considers advisable.
       (c) Issuance and Enforcement of Subpoenas.--
       (1) Issuance.--Subpoenas issued under subsection (b) shall 
     bear the signature of the Chairman of the Special Committee 
     and shall be served by any person or class of persons 
     designated by the Chairman for that purpose.
       (2) Enforcement.--In the case of contumacy or failure to 
     obey a subpoena issued under subsection (a), the United 
     States district court for the judicial district in which the 
     subpoenaed person resides, is served, or may be found may 
     issue an order requiring such person to appear at any 
     designated place to testify or to produce documentary or 
     other evidence. Any failure to obey the order of the court 
     may be punished by the court as a contempt of that court.
       (d) Meetings.--The Special Committee may sit and act at any 
     time or place during sessions, recesses, and adjournment 
     periods of the Senate.

     SEC. __07. REPORTS.

       (a) Initial Report.--The Special Committee shall submit to 
     the Senate a report on the investigation conducted pursuant 
     to section __03 not later than 270 days after the appointment 
     of the Special Committee members.
       (b) Updated Report.--The Special Committee shall submit an 
     updated report on such investigation not later than 180 days 
     after the submission of the report under subsection (a).
       (c) Additional Reports.--The Special Committee may submit 
     any additional report or reports that the Special Committee 
     considers appropriate.
       (d) Findings and Recommendations.--The reports under this 
     section shall include findings and recommendations of the 
     Special Committee regarding the matters considered under 
     section __03.
       (e) Disposition of Reports.--Any report made by the Special 
     Committee when the Senate is not in session shall be 
     submitted to the Clerk of the Senate. Any report made by the 
     Special Committee shall be referred to the committee or 
     committees that have jurisdiction over the subject matter of 
     the report.

     SEC. __08. ADMINISTRATIVE PROVISIONS.

       (a) Staff.--
       (1) In general.--The Special Committee may employ in 
     accordance with paragraph (2) a staff composed of such 
     clerical, investigatory, legal, technical, and other 
     personnel as the Special Committee, or the chairman or the 
     ranking member, considers necessary or appropriate.
       (2) Appointment of staff.--
       (A) In general.--The Special Committee shall appoint a 
     staff for the majority, a staff for the minority, and a 
     nondesignated staff.
       (B) Majority staff.--The majority staff shall be appointed, 
     and may be removed, by the chairman and shall work under the 
     general supervision and direction of the chairman.
       (C) Minority staff.--The minority staff shall be appointed, 
     and may be removed, by the ranking member of the Special 
     Committee, and shall work under the general supervision and 
     direction of such member.
       (D) Nondesignated staff.--Nondesignated staff shall be 
     appointed, and may be removed, jointly by the chairman and 
     the ranking member, and shall work under the joint general 
     supervision and direction of the chairman and ranking member.
       (b) Compensation.--
       (1) Majority staff.--The chairman shall fix the 
     compensation of all personnel of the majority staff of the 
     Special Committee.
       (2) Minority staff.--The ranking member shall fix the 
     compensation of all personnel of the minority staff of the 
     Special Committee.
       (3) Nondesignated staff.--The chairman and ranking member 
     shall jointly fix the compensation of all nondesignated staff 
     of the Special Committee, within the budget approved for such 
     purposes for the Special Committee.
       (c) Reimbursement of Expenses.--The Special Committee may 
     reimburse the members of its staff for travel, subsistence, 
     and other necessary expenses incurred by such staff members 
     in the performance of their functions for the Special 
     Committee.
       (d) Payment of Expenses.--There shall be paid out of the 
     applicable accounts of the Senate such sums as may be 
     necessary for the expenses of the Special Committee. Such 
     payments shall be made on vouchers signed by the chairman of 
     the Special Committee and approved in the manner directed by 
     the Committee on Rules and Administration of the Senate. 
     Amounts made available under this subsection shall be 
     expended in accordance with regulations prescribed by the 
     Committee on Rules and Administration of the Senate.

     SEC. __09. TERMINATION.

       The Special Committee shall terminate on February 28, 2007.

     SEC. __10. SENSE OF SENATE ON CERTAIN CLAIMS REGARDING THE 
                   COALITION PROVISIONAL AUTHORITY.

       It is the sense of the Senate that any claim of fraud, 
     waste, or abuse under the False Claims Act that involves any 
     contract or spending by the Coalition Provisional Authority 
     should be considered a claim against the United States 
     Government.
                                 ______
                                 
  SA 1671. Mr. DeWINE (for himself, Mr. Voinovich, Mr. Allen, Mr. 
Warner, and Mrs. Murray) submitted an amendment intended to be proposed 
by him to the bill H.R. 2862, making appropriations for Science, the 
Departments of State, Justice, and Commerce, and related agencies for 
the fiscal year ending September 30, 2006, and

[[Page S9860]]

for other purposes; which was ordered to lie on the table; as follows:

       On page 170, between lines 9 and 10, insert the following:
       Sec. 304. Of the amounts appropriated or otherwise made 
     available by this title under the heading ``National 
     Aeronautics and Space Administration'', $906,200,000 shall be 
     available for aeronautics research and development programs 
     of the National Aeronautics and Space Administration.

                          ____________________