[Congressional Record Volume 151, Number 117 (Monday, September 19, 2005)]
[Senate]
[Pages S10189-S10200]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

                                 ______
                                 


 =========================== NOTE =========================== 

  
  On page S10189, September 19, 2005, the following sentence 
appeared: By Mr. CORNYN: S. 1720. A bill to provide enhanced 
penalties for crimes committed using funds appropriated for 
remediation of any injury or damage caused by Hurricane Katrina; 
to the Committee on the Judiciary
  
  The online version has been corrected by moving the sentence to 
before: Mr. CORNYN. Mr. President, our


 ========================= END NOTE ========================= 

      By Mr. ENZI (for himself and Mr. Kennedy):
  S. 1718. A bill to provide special rules for disaster relief 
employment under the Workforce Investment Act of 1998 for individuals 
displaced by Hurricane Katrina; read the first time.
  Mr. KENNEDY. Mr. President, it's a privilege to join my colleague 
Senator Enzi in introducing a bill to bring much needed employment 
relief to the many working men and women who suddenly lost their 
livelihood because of Hurricane Katrina. The bill authorizes the 
Secretary to use National Emergency Grant funds to create short term 
jobs as the region begins to rebuild.
  In distributing these funds, the first priority will be the States 
who have suffered the greatest loss. A group of us visited the Gulf 
Coast area last Friday and saw firsthand the immensity of the 
devastation. We know these proud hard-working men and women are anxious 
to become self-sufficient again as soon as possible. The Nation has 
opened its heart to the victims of this vast tragedy, and we need to 
focus now on making sure that their towns, cities and parishes are 
ready for their return. In order to rebuild, we need to make sure that 
there are jobs for them and schools for their children. Last week, we 
took a first step in helping reopen the schools and we also need to 
take a similar step to see that there are jobs when they return.
  The most heavily affected States--Alabama, Louisiana and 
Mississippi--are doing all they can to begin rebuilding the local 
economy, so only Governors and local elected officials will control 
these employment funds. Our intention is to help rebuild the local 
economy and give benefits to local workers through local businesses.
  I commend Chairman Enzi for his leadership on this bill, and I urge 
my colleagues to support it.
      By Mr. CORNYN:
  S. 1720. A bill to provide enhanced penalties for crimes committed 
using funds appropriated for remediation of any injury or damage caused 
by Hurricane Katrina; to the Committee on the Judiciary.
  Mr. CORNYN. Mr. President, our hearts go out to those who have been 
affected by the devastation wrought by Hurricane Katrina. By now, those 
who have been displaced by this disaster know that help is available to 
them. And true to the American spirit, assistance has poured in from 
people all across this great land. We have seen the Government, at 
every level, fail in some way to respond adequately to this emergency. 
Congressional hearings will examine these failures and the reasons for 
them to make sure that we are better prepared to respond in the future.
  But there is no need for a review of the adequacy, efficiency, or 
responsiveness of everyday citizens who heeded distress calls from 
their fellow citizens. When the history of this disaster is finally 
written, it will document the fact that the American people rose to the 
challenge. Because that is what Americans do--every time, without 
exception.
  Over the past several weeks we have seen ordinary Americans, on their 
own initiative, coordinate the donation of goods needed by evacuees, 
rent U-Haul trucks, and drive to New Orleans to deliver supplies. 
Others have initiated fundraisers and have donated substantial funds to 
aid the Red Cross and other charities that are on the ground. And still 
others, like those in my home State of Texas, have literally opened 
their doors to complete strangers to provide them with food, shelter, 
and other necessities, so that they can get back on their feet and 
begin to rebuild their lives.
  Here in the Congress we have acted quickly, passing emergency relief 
appropriations of more than $60 billion dollars to get money into the 
devastated areas so people can be helped and areas can be rebuilt. The 
President has further proposed sending an unprecedented amount of money 
and incentives to aid in the rebuilding. I plan to support reasonable 
efforts designed to aid in accomplishing these goals. However, as we 
pour extraordinary amounts of money into the affected areas, we must 
guard against those callous people who may see this as an opportunity 
to wrongfully enrich themselves through fraud.
  We all know that the Federal Government's track record at detecting 
and avoiding fraud is poor, at best. As we begin to funnel what some 
have said may be close to $200 billion dollars into the disaster areas, 
we must be vigilant to ensure that these funds go where they 
legitimately are supposed to go. And we must send the message here and 
now that the actions of those who may defraud the Government or 
otherwise illegally obtain a portion of these funds will not be 
tolerated.
  That is why I have introduced the Katrina Waste, Fraud and Abuse 
Deterrence Act of 2005. This legislation states that anyone convicted 
of any crime involving funds appropriated for disaster relief in the 
aftermath of Hurricane Katrina face a mandatory minimum sentence of 5 
years--and up to 20 years--in prison.
  As I have said, a staggering amount of money will be, and currently 
is being sent to this area. The funds will speed the rebuilding of 
these areas and otherwise help those who are in need of assistance. But 
the American people will not tolerate misappropriation of these funds. 
President Bush has ordered that a team of inspectors general review all 
expenditures to ensure that the rebuilding work is done honestly and 
wisely. I applaud the President for his stewardship of this money. The 
bill I introduce today will put some teeth into this oversight. It will 
say to those who may contemplate illegally cutting corners or outright 
stealing disaster funds whether by fraud, theft, or embezzlement, that 
they will be caught, prosecuted, and imprisoned.
  To those who legitimately need these funds: Your country is here to 
help you. To those who are inclined to take advantage of the misfortune 
of others by wrongfully taking these funds: You will be prosecuted.
                                 ______
                                 
      By Ms. MURKOWSKI (for herself, Mr. Johnson, Mr. Coleman, Mr. 
        Durbin, Mr. Dodd, and Mrs. Murray):
  S. 1722. A bill to amend the Public Health Service Act to reauthorize 
and extend the Fetal Alcohol Syndrome prevention and services program, 
and for other purposes; to the Committee on Health, Education, Labor, 
and Pensions.
  Ms. MURKOWSKI. Mr. President, I ask unanimous consent that the text 
of the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1722

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Advancing FASD Research, 
     Prevention, and Services Act''.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) Fetal Alcohol Spectrum Disorders are the spectrum of 
     serious, life-long disorders caused by prenatal exposure to 
     alcohol, which include Fetal Alcohol Syndrome, Alcohol-
     Related Neurodevelopmental Disorder, and Alcohol-Related 
     Birth Defects.
       (2) In the decades that have passed since Fetal Alcohol 
     Syndrome was first recognized in the United States, this 
     fully preventable condition has continued to affect American 
     children and families.
       (3) Prenatal alcohol exposure can cause brain damage that 
     produces cognitive and behavioral impairments. Prenatal 
     alcohol exposure can cause mental retardation or low IQ and 
     difficulties with learning, memory, attention, and problem-
     solving. It can

[[Page S10190]]

     also create problems with mental health and social 
     interactions.
       (4) Prenatal alcohol exposure also can cause growth 
     retardation, birth defects involving the heart, kidney, 
     vision and hearing, and a characteristic pattern of facial 
     abnormalities.
       (5) About 13 percent of women report using alcohol during 
     pregnancy even though there is no known safe level of alcohol 
     consumption during pregnancy.
       (6) Estimates of individuals with Fetal Alcohol Syndrome 
     vary but are estimated to be between 0.5 and 2.0 per 1,000 
     births. The prevalence rate is considerably higher for all 
     Fetal Alcohol Spectrum Disorders: about 10 out of 1,000 
     births (1 percent of births).
       (7) Prevalence of Fetal Alcohol Spectrum Disorders can be 
     even higher in certain populations, such as Native Americans, 
     and in certain areas, such as those characterized by low 
     socioeconomic status.
       (8) Fetal Alcohol Spectrum Disorders pose extraordinary 
     financial costs to the Nation, including the cost of 
     specialized health care, education, foster care, 
     incarceration, job training, and general support services for 
     individuals affected by Fetal Alcohol Spectrum Disorders.
       (9) Lifetime health costs for an individual with Fetal 
     Alcohol Syndrome average $860,000, and can run as high as 
     $4,200,000. The direct and indirect economic costs of Fetal 
     Alcohol Syndrome in the United States were $5,400,000,000 in 
     2003. Total economic costs would be even higher for all Fetal 
     Alcohol Spectrum Disorders.
       (10) There is a great need for research, surveillance, 
     prevention, treatment, and support services for individuals 
     with Fetal Alcohol Spectrum Disorders and their families.

     SEC. 3. PROGRAMS FOR FETAL ALCOHOL SPECTRUM DISORDERS.

       Section 399H of the Public Health Service Act (48 U.S.C. 
     280f) is amended--
       (1) by striking the section heading and inserting the 
     following:

     ``SEC. 399H. PROGRAMS FOR FETAL ALCOHOL SPECTRUM 
                   DISORDERS.'';

       (2) by redesignating subsections (a) through (d) as 
     subsections (h) through (k), respectively;
       (3) by inserting after the section heading, the following:
       ``(a) Research on FAS and Related Disorders.--
       ``(1) In general.--The Secretary, acting through the 
     Director of the National Institutes of Health and in 
     coordination with the Interagency Coordinating Committee on 
     Fetal Alcohol Syndrome, shall--
       ``(A) establish a research agenda for Fetal Alcohol 
     Spectrum Disorders; and
       ``(B) award grants, contracts, or cooperative agreements to 
     public or private nonprofit entities to pay all or part of 
     carrying out research under such agenda.
       ``(2) Types of research.--In carrying out paragraph (1), 
     the Secretary, acting through the Director of the National 
     Institute of Alcohol Abuse and Alcoholism, shall conduct 
     national and international research in coordination with 
     other Federal agencies that includes--
       ``(A) the identification of the mechanisms that produce the 
     cognitive and behavioral problems associated with fetal 
     alcohol exposure;
       ``(B) the development of a neurocognitive phenotype for 
     Fetal Alcohol Syndrome and Alcohol-Related Neurodevelopmental 
     Disorder;
       ``(C) the identification of biological markers that can be 
     used to indicate fetal alcohol exposure;
       ``(D) the identification of fetal and maternal risk factors 
     that increase susceptibility to Fetal Alcohol Spectrum 
     Disorders;
       ``(E) the investigation of behavioral and pharmacotherapies 
     for alcohol-dependent women to determine new approaches for 
     sustaining recovery;
       ``(F) the development of scientific-based therapeutic 
     interventions for individuals with Fetal Alcohol Spectrum 
     Disorders;
       ``(G) the development of screening instruments to identify 
     women who consume alcohol during pregnancy and the 
     development of standards for measuring, reporting, and 
     analyzing alcohol consumption patterns in pregnant women; and
       ``(H) other research that the Director determines to be 
     appropriate.
       ``(3) Study.--The Secretary, acting through the Director of 
     the National Institute of Mental Health, shall--
       ``(A) conduct a study on the behavioral disorders that may 
     be associated with prenatal alcohol exposure;
       ``(B) not later than 1 year after the date of enactment of 
     the Advancing FASD Research, Prevention, and Services Act, 
     submit to Congress a report on the appropriateness of 
     characterizing Fetal Alcohol Spectrum Disorders and their 
     secondary behavioral disorders as mental health disorders; 
     and
       ``(C) conduct additional research on the epidemiology of 
     behavior disorders associated with Fetal Alcohol Spectrum 
     Disorders in collaboration with the Centers for Disease 
     Control and Prevention.
       ``(4) Authorization of appropriations.--There are 
     authorized to be appropriated to carry out this subsection, 
     such sums as may be necessary for each of fiscal years 2006 
     through 2010.
       ``(b) Surveillance, Identification, and Prevention 
     Activities.--
       ``(1) In general.--The Secretary, acting through the 
     Director of the National Center on Birth Defects and 
     Developmental Disabilities, shall facilitate surveillance, 
     identification, and prevention of Fetal Alcohol Spectrum 
     Disorders as provided for in this subsection.
       ``(2) Surveillance, identification, and prevention.--In 
     carrying out this subsection, the Secretary shall--
       ``(A) develop and implement a uniform surveillance case 
     definition for Fetal Alcohol Syndrome and a uniform 
     surveillance case definition for Alcohol Related 
     Neurodevelopmental Disorder;
       ``(B) develop a comprehensive screening process for Fetal 
     Alcohol Spectrum Disorders that covers different age, race, 
     and ethnic groups and is based on the uniform surveillance 
     case definitions developed under subparagraph (A);
       ``(C) disseminate and provide the necessary training and 
     support for the screening process developed under 
     subparagraph (B) to--
       ``(i) hospitals, community health centers, outpatient 
     programs, and other appropriate health care providers;
       ``(ii) incarceration and detainment facilities;
       ``(iii) primary and secondary schools;
       ``(iv) social work and child welfare offices;
       ``(v) foster care providers and adoption agencies;
       ``(vi) State offices and others providing services to 
     individuals with disabilities; and
       ``(vii) other entities that the Secretary determines to be 
     appropriate;
       ``(D) conduct activities related to risk factor 
     surveillance including the annual monitoring and reporting of 
     alcohol consumption among pregnant women and women of child 
     bearing age; and
       ``(E) conduct applied public health prevention research and 
     implement strategies for reducing alcohol-exposed pregnancies 
     in women at high risk for alcohol-exposed pregnancies.
       ``(3) Authorization of appropriation.--There are authorized 
     to be appropriated to carry out this subsection, such sums as 
     may be necessary for each of fiscal years 2006 through 2010.
       ``(c) Building State FASD Systems.--
       ``(1) In general.--The Secretary, acting through the 
     Administrator of the Substance Abuse and Mental Health 
     Services Administration, shall award grants, contracts, or 
     cooperative agreements to States for the purpose of 
     establishing or expanding statewide programs of surveillance, 
     prevention, and treatment of individuals with Fetal Alcohol 
     Spectrum Disorders.
       ``(2) Eligibility.--To be eligible to receive a grant, 
     contract, or cooperative agreement under paragraph (1) a 
     State shall--
       ``(A) prepare and submit to the Secretary an application at 
     such time, in such manner, and containing such information as 
     the Secretary may reasonably require;
       ``(B) develop and implement a statewide strategic plan for 
     preventing and treating Fetal Alcohol Spectrum Disorders;
       ``(C) consult with public and private non-profit entities 
     with relevant expertise on Fetal Alcohol Spectrum Disorders 
     within the State, including--
       ``(i) parent-led groups and other organizations that 
     support and advocate for individuals with Fetal Alcohol 
     Spectrum Disorders; and
       ``(ii) Indian tribes and tribal organizations; and
       ``(D) designate an individual to serve as the coordinator 
     of the State's Fetal Alcohol Spectrum Disorders program.
       ``(3) Strategic plan.--The statewide strategic plan 
     prepared under paragraph (2)(B) shall include--
       ``(A) the identification of existing State programs and 
     systems that could be used to identify and treat individuals 
     with Fetal Alcohol Spectrum Disorders and prevent alcohol 
     consumption during pregnancy, such as--
       ``(i) programs for the developmentally disabled, the 
     mentally ill, and individuals with alcohol dependency;
       ``(ii) primary and secondary educational systems;
       ``(iii) judicial systems for juveniles and adults;
       ``(iv) child welfare programs and social service programs; 
     and
       ``(v) other programs or systems the State determines to be 
     appropriate;
       ``(B) the identification of any barriers for individuals 
     with Fetal Alcohol Spectrum Disorders or women at risk for 
     alcohol consumption during pregnancy to access the programs 
     identified under subparagraph (A); and
       ``(C) proposals to eliminate barriers to prevention and 
     treatment programs and coordinate the activities of such 
     programs.
       ``(4) Use of funds.--Amounts received under a grant, 
     contract, or cooperative agreement under paragraph (1) shall 
     be used for one or more of the following activities:
       ``(A) Establishing a statewide surveillance system.
       ``(B) Collecting, analyzing and interpreting data.
       ``(C) Establishing a diagnostic center.
       ``(D) Developing, implementing, and evaluating population-
     based and targeted prevention programs for Fetal Alcohol 
     Spectrum Disorders, including public awareness campaigns.
       ``(E) Referring individuals with Fetal Alcohol Spectrum 
     Disorders to appropriate support services.
       ``(F) Developing and sharing best practices for the 
     prevention, identification, and treatment of Fetal Alcohol 
     Spectrum Disorders.
       ``(G) Providing training to health care providers on the 
     prevention, identification, and

[[Page S10191]]

     treatment of Fetal Alcohol Spectrum Disorders.
       ``(H) Disseminating information about Fetal Alcohol 
     Spectrum Disorders and the availability of support services 
     to families of individuals with Fetal Alcohol Spectrum 
     Disorders.
       ``(I) Other activities determined appropriate by the 
     Secretary.
       ``(5) Multi-state programs.--The Secretary shall permit the 
     formation of multi-State Fetal Alcohol Spectrum Disorders 
     programs under this subsection.
       ``(6) Other contracts and agreements.--A State may carry 
     out activities under paragraph (4) through contacts or 
     cooperative agreements with public and private non-profit 
     entities with a demonstrated expertise in Fetal Alcohol 
     Spectrum Disorders.
       ``(7) Authorization of appropriations.--There are 
     authorized to be appropriated to carry out this subsection, 
     such sums as may be necessary for fiscal years 2006 through 
     2010.
       ``(d) Promoting Community Partnerships.--
       ``(1) In general.--The Secretary shall award grants, 
     contracts, or cooperative agreements to eligible entities to 
     enable such entities to establish, enhance, or improve 
     community partnerships for the purpose of collaborating on 
     common objectives and integrating the services available to 
     individuals with Fetal Alcohol Spectrum Disorders, such as 
     surveillance, prevention, treatment, and provision of support 
     services.
       ``(2) Eligible entities.--To be eligible to receive a 
     grant, contract, or cooperative agreement under paragraph 
     (1), an entity shall--
       ``(A) be a public or private nonprofit entity, including--
       ``(i) a health care provider or health professional;
       ``(ii) a primary or secondary school;
       ``(iii) a social work or child welfare office;
       ``(iv) an incarceration or detainment facility;
       ``(v) a parent-led group or other organization that 
     supports and advocates for individuals with Fetal Alcohol 
     Spectrum Disorders;
       ``(vi) an Indian tribe or tribal organization;
       ``(vii) any other entity the Secretary determines to be 
     appropriate; or
       ``(viii) a consortium of any of the entities described in 
     clauses (i) through (vii); and
       ``(B) prepare and submit to the Secretary an application at 
     such time, in such manner, and containing such information as 
     the Secretary may reasonably require, including assurances 
     that the entity submitting the application does, at the time 
     of application, or will, within a reasonable amount of time 
     from the date of application, include substantive 
     participation of a broad range of entities that work with or 
     provide services for individuals with Fetal Alcohol Spectrum 
     Disorders.
       ``(3) Activities.--An eligible entity shall use amounts 
     received under a grant, contract, or cooperative agreement 
     under this subsection shall carry out 1 or more of the 
     following activities:
       ``(A) Identifying and integrating existing programs and 
     services available in the community for individuals with 
     Fetal Alcohol Spectrum Disorders.
       ``(B) Conducting a needs assessment to identify services 
     that are not available in a community.
       ``(C) Developing and implementing community-based 
     initiatives to prevent, diagnose, treat, and provide support 
     services to individuals with Fetal Alcohol Spectrum 
     Disorders.
       ``(D) Disseminating information about Fetal Alcohol 
     Spectrum Disorders and the availability of support services.
       ``(E) Developing and implementing a community-wide public 
     awareness and outreach campaign focusing on the dangers of 
     drinking alcohol while pregnant.
       ``(F) Providing mentoring or other support to families of 
     individuals with Fetal Alcohol Spectrum Disorders.
       ``(G) Other activities determined appropriate by the 
     Secretary.
       ``(4) Authorization of appropriation.--There are authorized 
     to be appropriated to carry out this subsection, such sums as 
     may be necessary for each of fiscal years 2006 through 2010.
       ``(e) Development of Best Practices.--
       ``(1) In general.--The Secretary, in coordination with the 
     National Task Force on Fetal Alcohol Spectrum Disorders, 
     shall award grants to States, Indian tribes and tribal 
     organizations, and nongovernmental organizations for the 
     establishment of pilot projects to identify and implement 
     best practices for--
       ``(A) educating children with fetal alcohol spectrum 
     disorders, including--
       ``(i) activities and programs designed specifically for the 
     identification, treatment, and education of such children; 
     and
       ``(ii) curricula development and credentialing of teachers, 
     administrators, and social workers who implement such 
     programs;
       ``(B) educating judges, attorneys, child advocates, law 
     enforcement officers, prison wardens, alternative 
     incarceration administrators, and incarceration officials on 
     how to treat and support individuals suffering from Fetal 
     Alcohol Spectrum Disorders within the criminal justice 
     system, including--
       ``(i) programs designed specifically for the 
     identification, treatment, and education of those with Fetal 
     Alcohol Spectrum Disorders; and
       ``(ii) curricula development and credentialing within the 
     justice system for individuals who implement such programs; 
     and
       ``(C) educating adoption or foster care agency officials 
     about available and necessary services for children with 
     fetal alcohol spectrum disorders, including--
       ``(i) programs designed specifically for the 
     identification, treatment, and education of those with Fetal 
     Alcohol Spectrum Disorders; and
       ``(ii) education and training for potential parents of an 
     adopted child with Fetal Alcohol Spectrum Disorders.
       ``(2) Application.--To be eligible for a grant under 
     paragraph (1), an entity shall prepare and submit to the 
     Secretary an application at such time, in such manner, and 
     containing such information as the Secretary may reasonably 
     require.
       ``(3) Authorization of appropriations.--There are 
     authorized to be appropriated to carry out this subsection, 
     such sums as may be necessary for each of fiscal years 2006 
     through 2010.
       ``(f) Transitional Services.--
       ``(1) In general.--The Secretary shall award demonstration 
     grants, contracts, and cooperative agreements to States, 
     Indian tribes and tribal organizations, and nongovernmental 
     organizations for the purpose of establishing integrated 
     systems for providing transitional services for those 
     affected by prenatal alcohol exposure and evaluating their 
     effectiveness.
       ``(2) Application.--To be eligible for a grant, contract, 
     or cooperative agreement under paragraph (1), an entity shall 
     prepare and submit to the Secretary an application at such 
     time, in such manner, and containing such information as the 
     Secretary may reasonably require.
       ``(3) Allowable uses.--An entity shall use amounts received 
     under a grant, contract, or cooperative agreement under 
     paragraph (1) to--
       ``(A) provide housing assistance to adults with Fetal 
     Alcohol Spectrum Disorders;
       ``(B) provide vocational training and placement services 
     for adults with Fetal Alcohol Spectrum Disorders;
       ``(C) provide medication monitoring services for adults 
     with Fetal Alcohol Spectrum Disorders; and
       ``(D) provide training and support to organizations 
     providing family services or mental health programs and other 
     organizations that work with adults with Fetal Alcohol 
     Spectrum Disorders.
       ``(4) Authorization of appropriations.--There are 
     authorized to be appropriated to carry out this subsection, 
     such sums as may be necessary for each of fiscal years 2006 
     through 2010.
       ``(g) Community Health Center Initiative.--
       ``(1) In general.--The Secretary, acting through the 
     Administrator of the Health Resources and Services 
     Administration, shall award grants to community health 
     centers acting in collaboration with States, Indian tribes, 
     tribal organizations, and nongovernmental organizations, for 
     the establishment of a 5-year demonstration program under the 
     direction of the Interagency Coordinating Committee on Fetal 
     Alcohol Syndrome to implement and evaluate a program to 
     increase awareness and identification of Fetal Alcohol 
     Spectrum Disorders in community health centers and to refer 
     affected individuals to appropriate support services.
       ``(2) Application.--To be eligible to receive a grant under 
     paragraph (1), a community health center shall prepare and 
     submit to the Administrator an application at such time, in 
     such manner, and containing such information as the 
     Administrator may reasonably require.
       ``(3) Activities.--A community health center shall use 
     amounts received under a grant under paragraph (1) to--
       ``(A) provide training for health care providers on 
     identifying and educating women who are at risk for alcohol 
     consumption during pregnancy;
       ``(B) provide training for health care providers on 
     screening children for Fetal Alcohol Spectrum Disorders;
       ``(C) educate health care providers and other relevant 
     community health center workers on the support services 
     available for those with Fetal Alcohol Spectrum Disorders and 
     treatment services available for women at risk for alcohol 
     consumption during pregnancy; and
       ``(D) implement a tracking system that can identify the 
     rates of Fetal Alcohol Spectrum Disorders by racial, ethnic, 
     and economic backgrounds.
       ``(4) Selection of participants.--The Administrator shall 
     determine the number of community health centers that will 
     participate in the demonstration program under this 
     subsection and shall select participants, to the extent 
     practicable, that are located in different regions of the 
     United States and that serve a racially and ethnically 
     diverse population.
       ``(5) Authorization of appropriations.--There are 
     authorized to be appropriated to carry out this subsection, 
     such sums as may be necessary for each of fiscal years 2006 
     through 2010.
       ``(6) Report to congress.--Not later than 1 year after 
     completion of the demonstration program under this 
     subsection, the Administrator shall prepare and submit to 
     Congress a report on the results of the demonstration 
     program, including--
       ``(A) changes in the number of women screened for and 
     identified as at risk for alcohol consumption during 
     pregnancy;

[[Page S10192]]

       ``(B) changes in the number of individuals identified as 
     having a Fetal Alcohol Spectrum Disorder; and
       ``(C) changes in the number of alcohol-consuming pregnant 
     women and individuals with Fetal Alcohol Spectrum Disorders 
     who were referred to appropriate services.'';
       (4) in subsection (h)(1) (as so redesignated)--
       (A) in subparagraph (C), by striking ``and'' after the 
     semicolon;
       (B) in subparagraph (D), by adding ``and'' after the 
     semicolon; and
       (C) by adding at the end the following:
       ``(E) national public service announcements to raise public 
     awareness of the risks associated with alcohol consumption 
     during pregnancy with the purpose of reducing the prevalence 
     of Fetal Alcohol Spectrum Disorders, that shall--
       ``(i) be conducted by relevant Federal agencies under the 
     coordination of the Interagency Coordinating Committee on 
     Fetal Alcohol Syndrome;
       ``(ii) be developed by the appropriate Federal agencies, as 
     determined by the Interagency Coordinating Committee on Fetal 
     Alcohol Syndrome taking into consideration the expertise and 
     experience of other relevant Federal agencies, and shall test 
     and evaluate the public service announcement's effectiveness 
     prior to broadcasting the announcements nationally;
       ``(iii) be broadcast through appropriate media outlets, 
     including television or radio, in a manner intended to reach 
     women at risk of alcohol consumption during pregnancy; and
       ``(iv) be measured prior to broadcast of the national 
     public service announcements to provide baseline data that 
     will be used to evaluate the effectiveness of the 
     announcements.''; and
       (5) in subsection (k) (as so redesignated)--
       (A) in paragraph (1), by striking ``National Task Force on 
     Fetal Alcohol Syndrome and Fetal Alcohol Effect'' and 
     inserting ``National Task Force on Fetal Alcohol Spectrum 
     Disorders'';
       (B) in paragraph (3)--
       (i) in subparagraph (B), by striking ``and'' after the 
     semicolon;
       (ii) in subparagraph (C), by adding ``and'' after the 
     semicolon; and
       (iii) by adding at the end the following:
       ``(D) develop, in collaboration with the Interagency 
     Coordinating Committee on Fetal Alcohol Syndrome, a report 
     that identifies and describes the 10 most important 
     actions that must be taken to reduce prenatal alcohol 
     exposure and all its adverse outcomes, and that shall--
       ``(i) describe the state of the current epidemiology of 
     Fetal Alcohol Spectrum Disorders, risk factors, and 
     successful approaches in policy and services that have 
     reduced alcohol-exposed pregnancies and outcomes;
       ``(ii) identify innovative approaches that have worked in 
     related areas such as tobacco control or HIV prevention that 
     may provide models for Fetal Alcohol Spectrum Disorders 
     prevention;
       ``(iii) recommend short-term and long-term action plans for 
     achieving the Healthy 2010 Objectives for the United States, 
     such as increasing abstinence from alcohol among pregnant 
     women and reducing the occurrence of Fetal Alcohol Syndrome; 
     and
       ``(iv) recommend in coordination with the National 
     Institute on Mental Health whether Fetal Alcohol Syndrome and 
     other prenatal alcohol disorders, or a subset of these 
     disorders, should be included in the Diagnostic and 
     Statistical Manual of Mental Disorders.''; and
       (C) by striking ``Fetal Alcohol Syndrome and Fetal Alcohol 
     Effect'' each place that such appears and inserting ``Fetal 
     Alcohol Spectrum Disorders''.

     SEC. 4. COORDINATION AMONG FEDERAL ENTITIES.

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

     ``SEC. 399K-1. COORDINATION AMONG FEDERAL ENTITIES.

       ``(a) Interagency Coordinating Committee on Fetal Alcohol 
     Syndrome.--The Secretary, acting through the Director of the 
     National Institute on Alcohol Abuse and Alcoholism, shall 
     provide for the continuation of the Interagency Coordinating 
     Committee on Fetal Alcohol Syndrome so that such Committee 
     may--
       ``(1) coordinate activities conducted by the Federal 
     Government on Fetal Alcohol Spectrum Disorders, including 
     convening meetings, establishing work groups, sharing 
     information, and facilitating and promoting collaborative 
     projects among Federal agencies; and
       ``(2) develop, in consultation with the National Task Force 
     on Fetal Alcohol Spectrum Disorders, priority areas for years 
     2006 through 2010 to guide Federal programs and activities 
     related to Fetal Alcohol Spectrum Disorders.
       ``(b) Coordination Among Federal Entities.--
       ``(1) In general.--The Comptroller General of the United 
     States shall evaluate and make recommendations regarding the 
     appropriate roles and responsibilities of Federal entities 
     with respect to programs and activities related to Fetal 
     Alcohol Spectrum Disorders.
       ``(2) Covered entities.--The Federal entities under 
     paragraph (1) shall include entities within the National 
     Institutes of Health, the Centers for Disease Control and 
     Prevention, the Substance Abuse and Mental Health Services 
     Administration, the Health Resources and Services 
     Administration, the Indian Health Service, the Agency for 
     Healthcare Research and Quality, the Interagency Coordinating 
     Committee on Fetal Alcohol Syndrome, the National Task Force 
     on Fetal Alcohol Spectrum Disorders, as well as the Office of 
     Special Education and Rehabilitative Services in the 
     Department of Education and the Office of Juvenile Justice 
     and Delinquency Prevention in the Department of Justice.
       ``(3) Evaluation.--The evaluation conducted by the 
     Comptroller General under paragraph (1) shall include--
       ``(A) an assessment of the current roles and 
     responsibilities of Federal entities with programs and 
     activities related to Fetal Alcohol Spectrum Disorders; and
       ``(B) an assessment of whether there is duplication in 
     programs and activities, conflicting roles and 
     responsibilities, or lack of coordination among Federal 
     entities.
       ``(4) Recommendation.--The Comptroller General shall 
     provide recommendations on the appropriate roles and 
     responsibilities of the Federal entities described in 
     paragraph (2) in order to maximize the effectiveness of 
     Federal programs and activities related to Fetal Alcohol 
     Spectrum Disorders.
       ``(5) Completion.--Not later than 1 year after the date of 
     enactment of the Advancing FASD Research, Prevention, and 
     Services Act, the Comptroller General shall complete the 
     evaluation and submit to Congress a report on the findings 
     and recommendations made as a result of the evaluation.''.

     SEC. 5. SERVICES FOR INDIVIDUALS WITH FETAL ALCOHOL SYNDROME.

       Section 519C(b) of the Public Health Service Act (42 U.S.C. 
     290bb-25c(b)) is amended--
       (1) in paragraph (11), by striking ``and'' after the 
     semicolon;
       (2) by redesignating paragraph (12) as paragraph (15); and
       (3) by inserting after paragraph (11), the following:
       ``(12) provide respite care for caretakers of individuals 
     with Fetal Alcohol Syndrome and other prenatal alcohol-
     related disorders;
       ``(13) recruit and train mentors for adolescents with Fetal 
     Alcohol Syndrome and other prenatal alcohol-related 
     disorders;
       ``(14) provide educational and supportive services to 
     families of individuals with Fetal Alcohol Spectrum 
     Disorders; and''.

     SEC. 6. PREVENTION, INTERVENTION, AND SERVICES IN THE 
                   EDUCATION SYSTEM.

       The Secretary of Education shall direct the Office of 
     Special Education and Rehabilitative Services to--
       (1) implement screening procedures and conduct training on 
     a nationwide Fetal Alcohol Spectrum Disorders surveillance 
     campaign for the educational system in collaboration with the 
     efforts of the National Center on Birth Defects and 
     Developmental Disabilities under section 399H(b) of the 
     Public Health Service Act (as added by this Act);
       (2) introduce curricula previously developed by the 
     National Center on Birth Defects and Developmental 
     Disabilities and the Substance Abuse and Mental Health 
     Services Administration on how to most effectively educate 
     and support children with Fetal Alcohol Spectrum Disorders in 
     both special education and traditional education settings, 
     and investigate incorporating information about the 
     identification, prevention, and treatment of the Disorders 
     into teachers' credentialing requirements;
       (3) integrate any special techniques on how to deal with 
     Fetal Alcohol Spectrum Disorders children into parent-teacher 
     or parent-administrator interactions, including after-school 
     programs, special school services, and family aid programs;
       (4) collaborate with other Federal agencies to introduce a 
     standardized educational unit within schools' existing sexual 
     and health education curricula, or create one if needed, on 
     the deleterious effects of prenatal alcohol exposure; and
       (5) organize a peer advisory network of adolescents in 
     schools to discourage the use of alcohol while pregnant or 
     considering getting pregnant.

     SEC. 7. PREVENTION, INTERVENTION, AND SERVICES IN THE JUSTICE 
                   SYSTEM.

       The Attorney General shall direct the Office of Juvenile 
     Justice and Delinquency Prevention to--
       (1) implement screening procedures and conduct training on 
     a nationwide Fetal Alcohol Spectrum Disorders surveillance 
     campaign for the justice system in collaboration with the 
     efforts of the National Center on Birth Defects and 
     Developmental Disabilities under section 399H(b) of the 
     Public Health Service Act (as added by this Act);
       (2) introduce training curricula, in collaboration with the 
     National Center on Birth Defects and Developmental 
     Disabilities and the Substance Abuse and Mental Health 
     Services Administration, on how to most effectively identify 
     and interact with individuals with Fetal Alcohol Spectrum 
     Disorders in both the juvenile and adult justice systems, and 
     investigate incorporating information about the 
     identification, prevention, and treatment of the disorders 
     into justice professionals' credentialing requirements;
       (3) promote the tracking of individuals entering the 
     juvenile justice system with at-risk backgrounds that 
     indicates them as high probability for having a Fetal Alcohol 
     Spectrum Disorder, especially those individuals whose mothers 
     have a high record of drinking during pregnancy as reported 
     by the appropriate child protection agency;

[[Page S10193]]

       (4) educate judges, attorneys, child advocates, law 
     enforcement officers, prison wardens, alternative 
     incarceration administrators, and incarceration officials on 
     how to treat and support individuals suffering from Fetal 
     Alcohol Spectrum Disorders within the criminal justice 
     system, including--
       (A) programs designed specifically for the identification, 
     treatment, and education of such children; and
       (B) curricula development and credentialing of teachers, 
     administrators, and social workers who implement such 
     programs;
       (5) conduct a study on the inadequacies of how the current 
     system processes children with certain developmental delays 
     and subsequently develop alternative methods of incarceration 
     and treatment that are more effective for youth offenders 
     identified to have a Fetal Alcohol Spectrum Disorder; and
       (6) develop transition programs for individuals with Fetal 
     Alcohol Spectrum Disorders who are released from 
     incarceration.

     SEC. 8. MISCELLANEOUS PROVISIONS.

       (a) Authorization of Appropriations.--Section 399J of the 
     Public Health Service Act (42 U.S.C. 280f-2) is amended by 
     striking ``the part'' and all that follows through the period 
     and inserting ``subsections (h) through (k) of section 399H, 
     $27,000,000 for each of fiscal years 2006 through 2010''.
       (b) Repeal of Sunset.--Section 399K of the Public Health 
     Service Act (42 U.S.C. 280f-3) is repealed.
  Mr. JOHNSON. Mr. President, today I join Senators Dodd, Durbin, 
Coleman, Murkowski, and Murray to introduce the ``Advancing FASD 
Research, Prevention, and Services Act of 2005.'' I thank them for 
joining me in introducing this legislation that will improve the 
surveillance, identification, and prevention of Fetal Alcohol Syndrome 
Disorders or FASD.
  FASD affects 1 in 100 live births or as many as 40,000 infants each 
year. This illness affects more people than those impacted by spina 
bifida, down syndrome, and cerebral palsy combined. In my home State of 
South Dakota, approximately 31,777 individuals are suspected of having 
FASD. This statistic is alarming and it is for these reasons why I 
believe that this bill is so critical in helping fight this disease.
  During the course of my career, I have met and worked with people 
whose lives have been deeply affected by this preventable illness. For 
a person affected by FASD, there can be numerous medical, physical, 
educational, and financial implications, such as severe learning 
disabilities, physical abnormalities, costly medical bills, and 
behavioral impairments.
  According to the University of South Dakota School of Medicine and 
Health Sciences Center for Disabilities, the lifetime cost for an 
individual with FASD is over $2 million, and the special educational 
costs for South Dakota children with FASD can range from $3,781 to 
$17,056 per year. Additionally, over 60 percent of the individuals in 
South Dakota who have been diagnosed with FASD lived within a foster 
care home for some part of their lives. While the foster care parent 
cares and loves a child, the child will never really know the stability 
of a permanent family.
  Furthermore, it is estimated that 60 percent of individuals with FASD 
will end up in a correctional or mental institution at some point in 
their lives. Most individuals with FASD will commit their first crime 
between the ages of 9 and 14, costing the state of South Dakota close 
to $165.04 per day to house a juvenile offender with FASD, the total 
amount of all children with FASD in the South Dakota juvenile justice 
system and special education program is $3,810,240.
  These unfortunate statistics compel me to join with my colleagues to 
introduce this bill today. While we have increased awareness about the 
dangers of consuming alcohol during pregnancy, there is much more that 
needs to be done to reach the goal of elimination of FASD in this 
Nation.
  In my home State of South Dakota, we've had great successes in 
working on this issue. With the leadership of the health professionals 
at the USD Center for Disabilities, the Black Hills State University 
Western Center of Fetal Alcohol Syndrome, parents, and teachers, among 
countless others, we have been able to make some important advancements 
in addressing FASD. This legislation will bolster those efforts and 
those of many others across the country that are working hard to 
prevent FASD and support the children and families who are living with 
its consequences.

  This bill would provide much needed support in the areas of research 
and prevention. This legislation would require the National Institutes 
of Health to develop a research agenda for FASD including research 
related to identifying the mechanisms that produce the cognitive and 
behavioral problems associated with fetal alcohol exposure, and 
identifying biological markers that indicate fetal alcohol exposure.
  This bill would also make available Federal grants to community 
health centers to implement and evaluate programs to increase awareness 
and identification of FASD in those settings. Participating health 
centers would be able to make available training to health care 
providers on identifying and educating women who are at risk for 
alcohol consumption during pregnancy and also provide training to 
health care providers on screening children for FASD, among other 
things.
  Another provision in this bill creates public awareness and education 
campaigns in at-risk. areas, in order to further the prevention of this 
disease. This bill would authorize the development and broadcast of 
national public service announcements to raise public awareness of the 
risks associated with alcohol consumption during pregnancy.
  Again, I am pleased to be introducing this bill. I would also like to 
take a moment to thank Senator Daschle for his leadership on FASD. His 
long commitment to combating this illness is ever present in South 
Dakota and for those who continue to work with those battling FASD 
every day. Without his hard work and dedication, we would not be as far 
today in preventing FASD as we are.
                                 ______
                                 
      By Ms. COLLINS:
  S. 1723. A bill to amend the Magnuson-Stevens Fishery Conservation 
and Management Act to establish a grant program to ensure waterfront 
access for commercial fishermen, and for other purposes; to the 
Committee on Finance.
  Ms. COLLINS. Mr. President, all along our Nation's coasts are harbors 
that were once full of the sights, sounds, and smells that accompany 
the fishing industry. Unfortunately, a number of factors are converging 
to lead to the loss of our Nation's vital fishing infrastructure, which 
is essential for the continuance of the commercial fishing industry. I 
have drafted legislation that will help to combat the loss of 
commercial access to our waterfronts and to support the fishing 
industry's role in our maritime heritage.
  In July, I was contacted by Andy Hawke of Boothbay Harbor, ME, a 
lobsterman who explained that the local lobstermen's cooperative had 
recently come up for sale. Unfortunately, the local fishermen could not 
come up with the resources to purchase the cooperative's facilities, 
and they were looking for Federal assistance in order to keep this 
coastal property accessible to the commercial fishing industry. Their 
goal was to keep the cooperative in operation for the lobstermen of 
Boothbay Harbor and the ``upcoming youth who will be in the lobster 
industry.''
  There was little assistance that I could offer beyond identifying 
some grant programs that might apply. I discovered quickly that there 
is no targeted, Federal program to help the commercial fishing industry 
gain or preserve access to waterfront areas. At the same time, the 
pressures that drive the commercial fishing industry from these vital 
pieces of industry infrastructure are mounting. I rise today to 
introduce legislation that would create a program to assist our 
Nation's commercial fishermen, the Working Waterfront Preservation Act.
  I can best speak to this issue by pointing to the loss of commercial 
waterfront access in Maine. Only 25 of Maine's 3,500 miles of coastline 
are devoted to commercial access. Sadly, portions of Maine's working 
waterfront are being sold weekly and converted to other uses, most 
often second homes and condominiums.
  The reasons for the loss of Maine's working waterfront are complex. 
In some cases, burdensome fishing regulations have led to a decrease in 
landings, hindering the profitability of shore-side infrastructure, 
like the Portland Fish Exchange. In other cases, soaring land values 
and rising taxes have made the current use of commercial land 
unprofitable. Property is being sold and quickly converted into private 
spaces and second

[[Page S10194]]

homes that no longer are the center of economic activity.
  Maine's lack of commercial waterfront access has prompted the 
formation of a Working Waterfront Coalition. This coalition is 
comprised of an impressive number of industry associations, non-profit 
groups, and State agencies, who have come together to preserve Maine's 
working waterfront.
  Preservation of the working waterfront is essential to protect a way 
of life that is unique to our coastal States and is vital to economic 
development along the coast. Maine's Working Waterfront Coalition 
identified 18 projects that would increase Maine's available working 
waterfront. These 18 projects would create or preserve over 875 Maine 
jobs. All that is needed is a modest investment in Maine's working 
waterfront.
  The loss of commercial waterfront access affects the fishing industry 
throughout all coastal States. On August 28, 2005, a story appeared in 
the Providence Journal about the fishing port of Galilee in Rhode 
Island. Fishermen from Galilee are getting pushed out of the waterfront 
as their profitability shrinks and land values soar. This article 
detailed plans to create more condominiums in Galilee and $2 million 
beach houses marketed to buyers from Connecticut and New York.
  On July 26, 2005, the Los Angeles Times ran a story on the 
disappearance of working waterfront in Florida. In June of this year, 
Governor Bush signed a law aimed at protecting that State's working 
waterfront.
  On February 20, 2005, the Seattle Times profiled the Washington town 
of Anacortes's struggle with development and the future of this port. 
In this story, the city attorney and planner said that the biggest 
issue facing this town is whether they can continue to have a working 
waterfront, as Anacortes ``is still a real town where people are making 
a real living.''
  Another region of the country where this bill will help the local 
community and stimulate economic growth is a region we have heard a lot 
about in recent news, the gulf coast. On September 6, 2005, the Houston 
Chronicle ran a story on the havoc caused by Hurricane Katrina to 
Alabama's fishing industry. This disaster hit the town of Bayou La 
Batre; it destroyed oyster beds, upended fishing boats, and damaged the 
docks and piers on which the fishing industry relies. The Working 
Waterfront Preservation Act would assist the victims of this storm in 
rebuilding the shore-side infrastructure vital to the industry.
  No matter the coastal State, our Nation's fishermen are affected by 
the loss of access to commercial waterfront properties. I have drafted 
legislation targeting this exact problem, as no Federal program exists 
to assist States like Maine, Florida, Washington, and Alabama, which 
are trying to cope with the loss of this valuable infrastructure.
  The loss of commercial waterfront access is apparent. The Working 
Waterfront Preservation Act would assist by providing Federal grant 
funding to municipal and State governments, non-profit organizations, 
and fishermen's cooperatives for the purchase of property or easements 
or for the maintenance of working waterfront facilities. The bill 
contains a $50 million authorization for grants that would require a 25 
percent local match. Applications for grants would be considered by 
both the Department of Commerce and State fisheries agencies, which 
have the local expertise to understand the needs of each coastal State. 
Grant recipients would agree not to convert coastal properties to 
noncommercial uses, as a condition of receiving Federal assistance.
  This legislation also has a tax component included. When properties 
or easements are purchased, sellers would only be taxed on half of the 
gain they receive from this sale. Taxing only half of the gain on 
conservation sales is a proposal that has been advanced by the 
President in all of his budget proposals. This is a vital aspect of my 
bill because it would diminish the pressure to quickly sell waterfront 
property that would then, most likely, be converted to noncommercial 
uses, and would increase the incentives for sellers to take part in 
this grant program. This is especially important given that the 
application process for Federal grants does not keep pace with the 
coastal real estate market.
  This legislation is crucial for our Nation's commercial fisheries, 
which are coming under increasing pressures from many fronts. This new 
grant program would preserve important commercial infrastructure and 
promote economic development along our coast. I am committed to 
creating a Federal mechanism to preserve working waterfronts and will 
pursue this legislation during the 109th Congress.
                                 ______
                                 
      By Ms. SNOWE (for herself, Mr. Vitter, and Mr. Talent):
  S. 1724. A bill to provide assistance for small businesses damaged by 
Hurricane Katrina, and for other purposes; to the Committee on Small 
Business and Entrepreneurship.
  Ms. SNOWE. Mr. President, I rise today to bring to the attention of 
the Senate a bill which provides a comprehensive package for immediate 
emergency resources to help the victims of Hurricane Katrina rebuild 
their lives and their businesses.
  As we are well aware, the entire Gulf Coast of the United States has 
been ravaged by the disaster of Hurricane Katrina. No natural disaster 
in this country in recent memory has carried with it the devastation 
and horror we have witnessed in the recent weeks. Many lives have been 
lost and damages are projected in the hundreds of billions of dollars. 
The President and Congress have already provided over $61 billion in 
emergency funds.
  While we work to re-establish communities and provide some stability 
to the affected areas, we must consider the enormous economic impact 
this catastrophe has had on the region and on our entire Nation. This 
impact is particularly pronounced for the vital small business sector. 
With over 800,000 firms damaged in the Hurricane-affected region, 
employment in the Louisiana, Mississippi and Alabama area may be 
reduced by over a million jobs! Moreover, our economy which has 
recently recovered from recession, thanks largely to our small 
businesses which have created three-quarters of all new jobs, could be 
dampened by as much as a full percentage point.
  As Chair of the Committee on Small Business and Entrepreneurship, I 
am committed to do everything in my power to provide immediate and 
necessary support to rebuild this region and to help sustain our 
economy. I want to ensure that every American affected by this 
Hurricane has the resources to begin rebuilding their lives, their 
businesses and their dreams.
  The provisions of this bill were contained in an amendment that I 
proposed, Amendment #1717, to the Commerce, Justice, and Science 
Appropriations Act of 2005, H.R. 2862. I would like to thank my 
colleagues, Senator Vitter, Senator Talent, Senator Kerry, and Senator 
Landrieu, for co-sponsoring that amendment. The amendment was approved 
in the Senate by a rollcall vote of 96 to 0 on September 15, 2006, and 
subsequently passed the Senate in the Commerce, Justice, and Science 
Appropriations Act on that same day.
  Because the Federal Disaster Loan program administered by the Small 
Business Administration issues Disaster Loans to businesses, 
homeowners, and renters, this legislation would have a significant 
impact on many facets of the efforts to rebuild the areas damaged by 
Hurricane Katrina.
  I will also be holding a hearing in the Small Business Committee on 
September 22, 2005 to address the impact that Hurricane Katrina has had 
on small businesses.
  The Small Business Administration is and must be at the forefront of 
this massive relief effort, playing a significant role in assisting 
impacted communities. This bill will strengthen the SBA's resources and 
will enable them to pave the pathway to recovery. I have faith that 
American small businesses will persevere through these difficult times 
and help lead the region's recovery. It is essential that we work 
together here in Congress, and put forth the best possible proposal to 
stimulate our economy and foster job growth.

  I have spoken with SBA's Administrator Barreto concerning the various 
ways to respond to this disaster and assist with the recovery. He 
informed me that FEMA has referred over 500,000 cases for loan 
assistance to the SBA, and that the SBA is receiving up to

[[Page S10195]]

20,000 calls per day. This is a tremendous volume and a vital challenge 
that the SBA must satisfy. To date, the SBA has sent out almost 500,000 
applications for loans to individuals and businesses, and has received 
810 loan applications as of Monday morning, which demonstrates that 
much assistance is yet to be provided by the SBA. Therefore, it is 
critical that we act now!
  I firmly believe this legislation is the best possible package to aid 
families, businesses and communities through these challenging times. 
Small businesses must have a fighting chance to survive the economic 
disaster caused by Hurricane Katrina.
  I have included many provisions in my bill that would assist 
hurricane victims applying for SBA disaster loans. My legislation 
increases the maximum size of an SBA Disaster Loan from $1.5 million 
per loan to $10 million per loan and makes it possible for non-profit 
institutions damaged by Hurricane Katrina to be eligible for Disaster 
Loans.
  I have also provided the SBA with the authority to grant victims of 
Hurricane Katrina up to 12 months to begin repaying their SBA disaster 
loans which would assist both small and large businesses, homeowners, 
and renters. This 12 month period could be extended to 24 months at the 
discretion of the SBA Administrator if he determines that Katrina 
victims would need additional time to begin repaying their loans. This 
would allow also homeowners and businesses additional time to get their 
lives and businesses restored before being required to begin repaying 
loans.
  This legislation also proposes lowering fees for the 7(a) program to 
make borrowing more affordable for small businesses outside the 
disaster areas, many of which have been impacted by the disaster, and 
are struggling to cover higher costs in health care and energy, and 
rising interest rates.
  Recognizing the increased demand this disaster will place on all 
small business lending programs, the amendment proposes increasing the 
7(a) lending program from a program level of $17 billion to $20 
billion, and the 504 lending program from a program level of $7.5 
billion to $10 billion. Both the 504 and 7(a) lending programs are 
funded entirely through fees, so the increases require no 
appropriation.
  Moreover, this bill increases the program level for SBA Disaster 
Loans--Physical and Economic Injury--by approximately $800 million, 
requiring an appropriation of approximately $117 million. The Committee 
is concerned there will not be enough funding for disaster loans 
available to meet the scope of this disaster, given that the economic 
injury disaster loans alone for 9-11 amounted to about $1 billion, and 
the physical damage for Katrina is considered much more extensive.
  The bill also includes a provision requiring the SBA to treat these 
special provisions as separate from the regular programs, to avoid 
increasing future subsidy rates, and therefore, the costs for borrowers 
who rely on those programs. This same protection was provided for 
emergency 7(a) loans after 9-11 and for the special disaster loans for 
9-11.
  Additionally, many small businesses in the disaster areas will 
require relief from making payments and interest on 7(a) and 504 loans 
they had before Katrina hit. Therefore, this amendment includes a 
provision that directs the SBA to cover the payments and interest on 
existing loans for up to two years, or until the small business can 
resume payments.
  Similar to the Supplementary Terrorist Activity Relief (STAR) loans 
enacted by Congress after 9-11, this bill allows the SBA to provide 
similar loans with lower fees for small businesses located outside the 
disaster zones but are nonetheless indirectly impacted by Hurricane 
Katrina. The lower fees also provide the lenders with an incentive to 
lend to these businesses.
  Importantly, the bill includes protections to mitigate recent reports 
of past misdirection of loans to non-disaster victims. The protections 
include requiring lenders to inform borrowers that they are receiving 
Katrina relief loans, requiring lenders to document to the SBA how the 
borrower was adversely affected by Hurricane Katrina, and for the 
Government Accountability Office to collect the explanations and report 
to the Senate Committee on Small Business and Entrepreneurship and 
House Committee on Small Business every six months, verifying loans are 
being used for the intended purposes. These added protections will 
ensure that only applicants who really need these loans to recover from 
the horrific effects of Hurricane Katrina will receive the loans.
  Furthermore, the legislation authorizes $400 million to the affected 
state governments of Louisiana, Mississippi, Alabama, Texas, and 
Florida to provide emergency bridge loans or grants to small businesses 
in the disaster areas that have been adversely impacted by Hurricane 
Katrina and require immediate access to capital until they can secure 
other loans or financial assistance. The goal is to disburse the funds 
within seven days, and this measure is based on a successful program 
that helped victims of the hurricanes in Florida.
  With the cost of Katrina relief and rebuilding estimated at over $100 
billion, small businesses, particularly those located in the disaster 
area and that employ individuals in the affected areas, should receive 
their fair share of federal contracting and subcontracting dollars. My 
bill also attempts to provide critical assistance to small businesses 
that have been operating in the areas devastated by the Hurricane 
Katrina by expanding access to Federal contract and subcontracts.
  Government projects provide solid business opportunities and prompt, 
steady pay for small businessmen and businesswomen. In addition, 
government procurement would open doors for many local small businesses 
to participate in the long-term reconstruction work in the Gulf Coast 
areas. Prior to the disaster, small construction companies in Alabama, 
Mississippi, and Louisiana brought home nearly $500 million in Federal 
contracts a year. Total small business contracts in the Gulf Coast 
region exceeded $3 billion a year. While many small businesses would 
benefit from other forms of disaster assistance, many of them are ready 
to get back to work and into business as soon as possible.
  To that end, my bill designates the Hurricane Katrina disaster area 
as a HUBZone. A HUBZone designation would enable small businesses 
locating in the disaster area and employing people in that area to 
receive contracting preferences and price evaluation preferences to 
offset greater costs of doing business. The HUBZone program was created 
to direct federal contacting dollars to economically distressed areas. 
Extending the HUBZone designation to the Gulf Coast would bring needed 
businesses development tools to affected areas.
  In addition, my bill would increase the maximum size of surety bonds 
from $2 million to $5 million for Katrina-related contracts. Small 
contractors vying for work need an increase in bonds to handle greater 
projects for Hurricane Katrina relief. Local small businesses in the 
Gulf Coast can use higher bonds to compensate for the damage to their 
assets from the Hurricane.
  My bill would also direct the SBA, its resources partners, and the 
Federal offices of small and disadvantaged business utilization to 
create a contracting outreach program for small businesses located or 
willing to locate in the Katrina disaster area. Finally, my bill would 
establish small business contracting and subcontracting goals for all 
Katrina-related contracts and subcontracts to promote greater jobs 
creation and development, while providing reasonable flexibility to 
Federal agencies in meeting that goal in light of difficult 
circumstances on the ground.
  Finally I would also like to comment on the funding levels provided 
for the SBA in this bill. I have authorized the appropriation of $24.25 
million for grants to increase business counseling in the damaged areas 
for several SBA entrepreneurial development programs including: Small 
Business Development Centers (SBDCs); SCORE; Womens Business Centers 
(WBCs); Veteran's Business Centers, and Microloan Technical Assistance.
  Our Nation's 25 million small businesses prove time and again to 
breathe new life into our economy, by growing at twice the rate of all 
firms. And when a disaster strikes, the spirit, determination and will 
of America's small

[[Page S10196]]

businesses help to create the firm economic foundation, propelling our 
nation's economic growth. Therefore, we in turn must create an 
atmosphere favorable for small businesses and provide this emergency 
package to the SBA. We must allow Nation's small businesses to do what 
they do best--``create jobs.''
  I urge my colleagues to support this bill. Too much is at stake for 
small businesses, and the economy as a whole, to allow this critical 
legislation to languish. Congress must find essential agreement and 
fulfill its obligation to America's small businesses. Clearly, if we 
strive for anything less, we fail to support the backbone of our 
economy, our hope for new innovation, and the entrepreneurs reach for 
the American dream.
                                 ______
                                 
      By Mr. LIEBERMAN (for himself, Ms. Collins, Mr. Akaka, Mr. Levin, 
        and Mr. McCain:
  S. 1725 A bill to strengthen Federal leadership, provide grants, 
enhance outreach and guidance, and provide other support to State and 
local officials to enhance emergency communications capabilities, to 
achieve communications interoperability, to foster improved regional 
collaboration and coordination, to promote more efficient utilization 
of funding devoted to public safety communications, to promote research 
and development by both the public and private sectors for first 
responder communications, and for other purposes; to the Committee on 
Homeland Security and Governmental Affairs.
  Mr. LIEBERMAN. Mr. President, I rise today to introduce the Assure 
Emergency and Interoperable Communications for First Responders Act of 
2005--or EICOM--as a step towards improving emergency communications 
nationwide so no community experiences the communications failure we 
saw in parts of the Gulf Coast in the wake of Hurricane Katrina.
  I want to thank my cosponsors, Senators Collins, Levin, Akaka, and 
McCain, for joining me in this effort.
  The attack of 9/11 dramatically showed how vulnerable our first 
responders are in an emergency when they are unable to communicate with 
each other.
  Four years after 9/11, solving the problem of interoperability 
remains the number one priority for our Nation's first responders.
  Whether responding to a terrorist attack, natural disaster, fire, a 
missing child, or a fleeing suspect, police, fire fighters, emergency 
medical technicians and other responders still all too frequently 
arrive at the scene with incompatible communications equipment and 
can't share crucial, life-saving information with each other.
  This puts at risk both the lives of our first responders and those 
they were sworn to protect.
  I have previously introduced legislation that addresses the problems 
of interoperability. But Hurricane Katrina spotlighted an even more 
severe problem--operability--the need for systems that themselves can 
survive a disaster, either natural or manmade. Katrina has shown us 
that without a working communications system a coordinated response to 
an emergency becomes close to impossible.
  This bill seeks to address the challenges of both interoperability 
and operability.
  Hurricane Katrina blew down power lines, knocked out cell phone 
towers and wiped out regular phone service in blasts of wind and water. 
In too many areas the result was no regular or cell phone service and 
portable radios that slowly went dead because there was no way to 
charge the batteries.
  What do you do when you are down to zero communications? Gulf Coast 
emergency officials were repeatedly reduced to using runners to 
communicate between command centers and first responders in the field.
  And this is not the first time this has happened in the United 
States.
  Some have suggested that the scenes out of the Gulf Coast had a third 
world quality about them. But runners? That isn't Third World. That is 
the ancient world. That is Athens in 490 BC when legend has it a runner 
covered 300 miles in a week to share information and coordinate the 
defense of the City of Marathon--thus the name of the race.
  But certainly between 490 BC and the 21st Century we've made greater 
advancement in communications technologies than better running shoes.
  This bill seeks to remedy the communications nightmare we saw in New 
Orleans and the Gulf Coast--and make sure we don't have the same 
nightmare in future disasters.
  This bill establishes an Office for Emergency Communications, 
Interoperability and Compatibility--or ECIC--within the Department of 
Homeland Security, replacing and strengthening the present Office for 
Interoperability and Compatibility.
  This new and stronger ECIC will be charged with finding ways to 
establish emergency communications capabilities when a terrorist 
attack, natural disaster or other large-scale emergency has damaged or 
destroyed usual communications and electrical infrastructure.
  This bill also tells the Secretary of DHS to establish a 
comprehensive, competitive research and development program to identify 
and answer the policy and technology questions necessary to sustain 
emergency communications capabilities and achieve interoperability.
  This includes promoting research through the Directorate of Science 
and Technology Homeland Security Advanced Research Projects Agency, 
(HSARPA) and considering establishing a Center of Excellence.
  The bill also directs the Secretary of DHS to establish at least two 
pilot projects to help us develop and test working emergency 
communications systems for first responders and government officials 
that will survive a natural disaster or terrorist attack where there 
has been damage to or destruction to critical infrastructure.
  Finally, this bill establishes a grant program for States and 
regional consortiums to develop and implement short-term and long-term 
solutions for emergency communications capabilities and 
interoperability. Total grant amounts would start at $400,000,000 for 
fiscal year 2006, rising to $1 billion by 2010.
  9/11 showed us the danger of non-interoperable communications for our 
first responders and the people they try to protect. Lives were likely 
lost that day because some first responders didn't get the orders to 
evacuate.
  Katrina showed us the further peril that comes with zero 
communications. First responders tried to react to the disaster but 
didn't know where to go or what to do.
  And, again, we know lives were lost.
  This is 21st Century America, not ancient Athens. We've moved beyond 
runners. We have technologies at our disposal undreamed of even just a 
few years ago and breakthroughs still to come.
  Let's marshal our resources and summon our will and--with a sense of 
urgency--create communications systems that survive disaster so our 
first responders can do their jobs--helping others when lives are on 
the line and seconds matter.
  I ask unanimous consent that the text of the legislation be printed 
in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1725

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Assure Emergency and 
     Interoperable Communications for First Responders Act of 
     2005''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) Communications among those responding to a natural 
     disaster, terrorist attack, or other large-scale emergency 
     are critical to an effective response and to save lives.
       (2) Ordinary modes of communications are often difficult or 
     impossible during a natural disaster, terrorist attack, or 
     other catastrophic emergency, because of damage to critical 
     infrastructure, including the destruction of phone lines and 
     cellular towers, and loss of power sources and because of 
     increased demand placed on already strained systems.
       (3) In the days after Hurricane Katrina devastated the Gulf 
     Coast of the United States, the communications infrastructure 
     in the affected areas was decimated, and difficulties in 
     communicating among officials and first responders 
     significantly impeded the rescue and relief efforts.
       (4) A further major barrier to sharing information among 
     police, firefighters, and others who may be called on to 
     respond to natural disasters, terrorist attacks, and other 
     large-scale emergencies is the lack of

[[Page S10197]]

     interoperable communications systems, which can enable public 
     safety agencies to talk to one another and share important, 
     sometimes critical, information in an emergency. Police and 
     firefighters responding to the attacks at the World Trade 
     Center on September 11, 2001, had difficulty communicating 
     with each other. Initial press reports indicate that 
     conflicting radio frequencies also contributed to the 
     difficulties in communications among law enforcement and 
     government relief agencies in the aftermath of Hurricane 
     Katrina.
       (5) The Department of Homeland Security has identified 
     communications interoperability as 1 of the key national 
     priorities for first responders to achieve the National 
     Preparedness Goal that the Department of Homeland Security 
     has established for the Nation and has identified emergency 
     response communications as an essential target capability 
     needed to respond to a major event.
       (6) The lack of emergency communication capabilities and 
     interoperability costs lives not only during terrorist 
     attacks or natural disasters, but also during everyday 
     emergency operations.
       (7) Assuring emergency communications capabilities and 
     achieving interoperability is difficult because some 50,000 
     local agencies typically make independent decisions about 
     communications systems. This lack of coordination also 
     dramatically increases the cost of public safety 
     communications to Federal, State, local, and tribal 
     governments.
       (8) Achieving the level of emergency communications 
     capabilities and communications interoperability that is 
     needed will require an unprecedented level of coordination 
     and cooperation among Federal, State, local, and tribal 
     public safety agencies. Establishing multidisciplinary, 
     cross-jurisdictional governance structures to achieve the 
     necessary level of collaboration is essential to 
     accomplishing this goal.
       (9) The Intelligence Reform and Terrorism Prevention Act of 
     2004 requires the Secretary of Homeland Security, in 
     consultation with other Federal officials, to establish a 
     program to ensure public safety interoperable communications 
     at all levels of government.
       (10) However, much more remains to be done. For example, in 
     January 2005, the National Governors Association reported 
     that while achieving interoperability ranked as the top 
     priority for States, obtaining the equipment and technology 
     to fulfill this goal remains a challenge. The large majority 
     of States report that they have not yet achieved 
     interoperability in their States.
       (11) Much of the communications equipment used by emergency 
     responders is outdated and incompatible, which inhibits 
     communication between State and local governments and between 
     neighboring local jurisdictions. Additional grant funding 
     would facilitate the acquisition of new technology to enable 
     interoperability.
       (12) Stronger and more effective national, statewide, and 
     regional leadership are required to improve emergency 
     communications capabilities and interoperability. The 
     Department of Homeland Security must provide national 
     leadership by conducting nationwide outreach to each State, 
     fostering the development of regional leadership, and 
     providing substantial technical assistance to State, local, 
     and tribal public safety officials, while more effectively 
     utilizing grant programs that fund interoperable equipment 
     and systems.
       (13) The Department of Homeland Security must implement 
     pilot programs and fund and conduct research to develop and 
     promote adoption of next-generation solutions for public 
     safety communications. The Department of Homeland Security 
     must also further develop its own internal expertise to 
     enable it to better lead national interoperability efforts 
     and to provide technically sound advice to State and local 
     officials.
       (14) Achieving emergency communications capabilities and 
     interoperability requires the sustained commitment of 
     substantial resources. Nonetheless, emergency communications 
     capabilities and interoperability can be accomplished at a 
     much lower cost than would otherwise be possible if strong 
     national leadership drives cooperation and adoption of smart, 
     new technology solutions.
       (15) The private sector has a critical role to play in 
     developing cost-effective solutions to these problems.

     SEC. 3. OFFICE FOR EMERGENCY COMMUNICATIONS, 
                   INTEROPERABILITY, AND COMPATIBILITY.

       (a) In General.--Section 7303(a)(2) of the Intelligence 
     Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 
     194(a)(2)) is amended to read as follows:
       ``(2) Office for emergency communications, 
     interoperability, and compatibility.--
       ``(A) Establishment of office.--There is established an 
     Office for Emergency Communications, Interoperability, and 
     Compatibility within the Directorate of Science and 
     Technology of the Department of Homeland Security to carry 
     out this subsection.
       ``(B) Director.--There shall be a Director of the Office 
     for Emergency Communications, Interoperability, and 
     Compatibility, who shall be appointed by the Secretary of 
     Homeland Security.
       ``(C) Responsibilities.--The Director of the Office for 
     Emergency Communications, Interoperability, and Compatibility 
     shall--
       ``(i) assist the Secretary of Homeland Security in 
     developing and implementing the program described in 
     paragraph (1);
       ``(ii) carry out the Department of Homeland Security's 
     responsibilities and authorities relating to the SAFECOM 
     Program;
       ``(iii) carry out section 510 of the Homeland Security Act 
     of 2002; and
       ``(iv) conduct extensive, nationwide outreach and foster 
     the development of emergency communications capabilities and 
     interoperable communications systems by State, local, and 
     tribal governments and public safety agencies, and by 
     regional consortia thereof, by--

       ``(I) in coordination with the National Communications 
     System, developing, updating, and implementing a national 
     strategy to achieve emergency communications capabilities, 
     with goals and timetables;
       ``(II) developing, updating, and implementing a national 
     strategy to achieve communications interoperability, with 
     goals and timetables;
       ``(III) developing a national architecture, which defines 
     the components of an interoperable system and how they fit 
     together;
       ``(IV) establishing and maintaining a task force that 
     represents the broad customer base of State, local, and 
     tribal public safety agencies, as well as Federal agencies, 
     involved in public safety disciplines such as law 
     enforcement, firefighting, emergency medical services, public 
     health, and disaster recovery, in order to receive input and 
     coordinate efforts to achieve emergency communications 
     capabilities and communications interoperability;
       ``(V) working with the Office of Domestic Preparedness 
     Interoperable Communications Technical Assistance Program 
     to--

       ``(aa) provide technical assistance to State, local, and 
     tribal officials; and
       ``(bb) facilitate the creation of regional task forces in 
     each State, with appropriate governance structures and 
     representation from State, local, and tribal governments and 
     public safety agencies and from the Federal Government, to 
     effectively address emergency communications capabilities, 
     interoperability, and other communications and information-
     sharing needs;

       ``(VI) promoting a greater understanding of the importance 
     of emergency communications capabilities, interoperability, 
     and the benefits of sharing resources among all levels of 
     State, local, tribal, and Federal government;
       ``(VII) promoting development of standard operating 
     procedures for incident response and facilitating the sharing 
     of information on best practices (including from governments 
     abroad) for achieving emergency communications capabilities 
     and interoperability;
       ``(VIII) making recommendations to Congress about any 
     changes in Federal law necessary to remove barriers to 
     achieving emergency communications capabilities and 
     communications interoperability;
       ``(IX) funding and conducting pilot programs, as necessary, 
     in order to--

       ``(aa) evaluate and validate new technology concepts in 
     real-world environments to achieve emergency communications 
     capabilities and public safety communications 
     interoperability;
       ``(bb) encourage more efficient use of existing resources, 
     including equipment and spectrum; and
       ``(cc) test and deploy public safety communications systems 
     that are less prone to failure, support new non-voice 
     services, consume less spectrum, and cost less;

       ``(X) liaisoning with the private sector to develop 
     solutions to improve emergency communications capabilities 
     and achieve interoperability; and
       ``(XI) performing other functions necessary to improve 
     emergency communications capabilities and achieve 
     communications interoperability.

       ``(D) Sufficiency of resources.--The Secretary of Homeland 
     Security shall provide the Office for Emergency 
     Communications, Interoperability, and Compatibility with the 
     resources and staff necessary to carry out the purposes of 
     this section. The Secretary shall further ensure that there 
     is sufficient staff within the Office of Emergency 
     Communications, Interoperability, and Compatibility, the 
     Office for Domestic Preparedness, the National Communications 
     Systems, and other offices of the Department of Homeland 
     Security as necessary, to provide dedicated support to public 
     safety organizations consistent with the responsibilities set 
     forth in subparagraph (C)(iv).''.
       (b) Definitions.--Section 7303(g) of the Intelligence 
     Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 194(g)) 
     is amended--
       (1) by striking paragraph (1) and inserting the following:
       ``(1) Interoperable communications and communications 
     interoperability.--The terms `interoperable communications' 
     and `communications interoperability' mean the ability of 
     emergency response providers and relevant Federal, State, and 
     local government agencies to communicate with each other as 
     necessary, utilizing information technology systems and radio 
     communications systems, and to exchange voice, data, or video 
     with one another on demand, in real time, as necessary.''; 
     and
       (2) by adding at the end the following:
       ``(3) Emergency communications capabilities.--The term 
     `emergency communications capabilities' means the ability to 
     provide and maintain, throughout an emergency response 
     operation, a continuous flow of information among emergency 
     responders, agencies, and government officials from multiple 
     disciplines and jurisdictions and at all levels of government 
     in the event of a natural disaster, terrorist attack, or 
     other large-scale

[[Page S10198]]

     or catastrophic emergency, including where there has been 
     significant damage to, or destruction of, critical 
     infrastructure, substantial loss of ordinary 
     telecommunications infrastructure, and sustained loss of 
     electricity.''.
       (c) Assessments and Reports.--Title III of the Homeland 
     Security Act of 2002 (6 U.S.C. 181 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 314. EMERGENCY COMMUNICATIONS AND INTEROPERABILITY 
                   ASSESSMENTS AND REPORTS.

       ``(a) Baseline Interoperability Assessment.--The Secretary, 
     acting through the Director of the Office for Emergency 
     Communications, Interoperability, and Compatibility, shall 
     conduct a nationwide assessment to determine the degree to 
     which communications interoperability has been achieved to 
     date and to ascertain the needs that remain for 
     interoperability to be achieved.
       ``(b) Evaluation of Emergency Communications 
     Capabilities.--The Secretary, acting through the Director of 
     the Office for Emergency Communications, Interoperability, 
     and Compatibility and the National Communications System, 
     shall--
       ``(1) conduct an assessment of the ability of communities 
     to provide and maintain emergency communications among 
     emergency response providers and government officials in the 
     event of a natural disaster, terrorist attack, or other 
     large-scale emergency, including where there is substantial 
     damage to ordinary communications infrastructure and 
     sustained loss of electricity;
       ``(2) compile a list of best practices among communities 
     for providing and maintaining communications in the event of 
     a natural disaster, terrorist attack, or other large-scale 
     emergency; and
       ``(3) conduct a study to evaluate the feasibility and 
     desirability of the Department developing, on its own or in 
     conjunction with the Department of Defense, a mobile 
     communications capability, modeled on the Army Signal Corps, 
     that could be deployed to support emergency communications at 
     the site of a natural disaster, terrorist attack, or other 
     large-scale emergency.
       ``(c) Biannual Reports.--Not later than 1 year after the 
     date of enactment of this section, and biannually thereafter, 
     the Secretary, acting through the Director of the Office for 
     Emergency Communications, Interoperability, and 
     Compatibility, shall submit to the Committee on Homeland 
     Security and Governmental Affairs and the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Homeland Security and the Committee on Energy 
     and Commerce of the House of Representatives a report on the 
     Department's progress in implementing and achieving the goals 
     of the Assure Emergency and Interoperable Communications for 
     First Responders Act of 2005. The first report submitted 
     under this subsection shall include a description of the 
     findings of the assessments, evaluations, and study conducted 
     under subsections (a) and (b).''.

     SEC. 4. RESEARCH AND DEVELOPMENT.

       Title III of the Homeland Security Act of 2002 (6 U.S.C. 
     181 et seq.), as amended by section 3, is amended by adding 
     at the end the following:

     ``SEC. 315. EMERGENCY COMMUNICATIONS INTEROPERABILITY 
                   RESEARCH AND DEVELOPMENT.

       ``(a) In General.--The Secretary shall establish a 
     comprehensive research and development program to promote 
     emergency communications capabilities and communications 
     interoperability among first responders, including by--
       ``(1) promoting research on a competitive basis through the 
     Directorate of Science and Technology Homeland Security 
     Advanced Research Projects Agency; and
       ``(2) considering establishment of a Center of Excellence 
     under the Department of Homeland Security Centers of 
     Excellence Program, using a competitive process, focused on 
     enhancing information and communications systems for first 
     responders.
       ``(b) Purposes.--The purposes of the program established 
     under subsection (a) include--
       ``(1) understanding the strengths and weaknesses of the 
     diverse public safety communications systems currently in 
     use;
       ``(2) examining how current and emerging technology can 
     make public safety organizations more effective, and how 
     Federal, State, and local agencies can utilize this 
     technology in a coherent and cost-effective manner;
       ``(3) exploring Federal, State, and local policies that 
     will move systematically towards long-term solutions;
       ``(4) evaluating and validating new technology concepts, 
     and promoting the deployment of advanced public safety 
     information technologies for emergency communications 
     capabilities and interoperability; and
       ``(5) advancing the creation of a national strategy to 
     enhance emergency communications capabilities, promote 
     interoperability and efficient use of spectrum in 
     communications systems, improve information sharing across 
     organizations, and use advanced information technology to 
     increase the effectiveness of first responders in valuable 
     new ways.''.

     SEC. 5. PILOT PROJECTS.

       Title III of the Homeland Security Act of 2002 (6 U.S.C. 
     181 et seq.), as amended by sections 3 and 4, is amended by 
     adding at the end the following:

     ``SEC. 316. EMERGENCY COMMUNICATIONS PILOT PROJECTS.

       ``(a) In General.--Not later than 1 year after the date of 
     enactment of this section, the Secretary shall establish not 
     fewer than 2 pilot projects to develop and evaluate 
     strategies and technologies for providing and maintaining 
     emergency communications capabilities among emergency 
     response providers and government officials in the event of a 
     natural disaster, terrorist attack, or other large-scale 
     emergency in which there is significant damage to, or 
     destruction of, critical infrastructure, including 
     substantial loss of ordinary telecommunications 
     infrastructure and sustained loss of electricity.
       ``(b) Selection Criteria.--In selecting areas for the 
     location of the pilot projects, the Secretary shall 
     consider--
       ``(1) the risk to the area from a large-scale terrorist 
     attack or natural disaster;
       ``(2) the number of potential victims from a large-scale 
     terrorist attack or natural disaster in the area;
       ``(3) the existing capabilities of the area's emergency 
     communications systems; and
       ``(4) such other criteria as the Secretary may determine 
     appropriate.''.

     SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

       In addition to the funds authorized to be appropriated by 
     section 7303(a)(3) of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (6 U.S.C. 194(a)(3)), there are 
     authorized to be appropriated for the operations of the 
     Office for Emergency Communications, Interoperability, and 
     Compatibility, to provide technical assistance through the 
     Office for Domestic Preparedness, to fund and conduct 
     research under section 315 of the Homeland Security Act of 
     2002, to fund pilot projects under section 316 of the 
     Homeland Security Act of 2002, and for other appropriate 
     entities within the Department of Homeland Security to 
     support the activities described in section 7303 of the 
     Intelligence Reform and Terrorism Prevention Act of 2004 (6 
     U.S.C. 194) and sections 314 through 316 of the Homeland 
     Security Act of 2002, as added by this Act--
       (1) $127,232,000 for fiscal year 2006;
       (2) $126,549,000 for fiscal year 2007;
       (3) $125,845,000 for fiscal year 2008;
       (4) $125,121,000 for fiscal year 2009; and
       (5) such sums as are necessary for each fiscal year 
     thereafter.

     SEC. 7. DEDICATED FUNDING TO ACHIEVE EMERGENCY COMMUNICATIONS 
                   CAPABILITIES AND INTEROPERABILITY.

       The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is 
     amended by adding at the end the following:

 ``TITLE XVIII--DEDICATED FUNDING TO ACHIEVE EMERGENCY COMMUNICATIONS 
                   CAPABILITIES AND INTEROPERABILITY.

     ``SEC. 1801. EMERGENCY COMMUNICATIONS AND INTEROPERABILITY 
                   GRANTS.

       ``(a) In General.--The Secretary, through the Office, shall 
     make grants to States and eligible regions for initiatives 
     necessary to improve emergency communications capabilities 
     and to achieve short-term or long-term solutions to 
     statewide, regional, national and, where appropriate, 
     international interoperability.
       ``(b) Use of Grant Funds.--Grants awarded under subsection 
     (a) may be used for initiatives to achieve short-term or 
     long-term solutions for emergency communications and 
     interoperability within the State or region and to assist 
     with any aspect of the communication life cycle, including--
       ``(1) statewide or regional communications planning;
       ``(2) system design and engineering;
       ``(3) procurement and installation of equipment;
       ``(4) training and exercises; and
       ``(5) other activities determined by the Secretary to be 
     integral to the achievement of emergency communications 
     capabilities and communications interoperability.
       ``(c) Coordination.--The Secretary shall ensure that the 
     Office coordinates its activities with the Office of 
     Emergency Communications, Interoperability, and 
     Compatibility, the Directorate of Science and Technology, the 
     National Communications System, and other Federal entities so 
     that grants awarded under this section, and other grant 
     programs related to homeland security, fulfill the purposes 
     of this Act and facilitate the achievement of emergency 
     communications capabilities and communications 
     interoperability consistent with the national strategy.
       ``(d) Application.--
       ``(1) In general.--A State or eligible region desiring a 
     grant under this section shall submit an application at such 
     time, in such manner, and accompanied by such information as 
     the Secretary may reasonably require.
       ``(2) Minimum contents.--At a minimum, each application 
     submitted under paragraph (1) shall--
       ``(A) identify the critical aspects of the communications 
     life cycle, including planning, system design and 
     engineering, procurement and installation, and training for 
     which funding is requested;
       ``(B) describe how--
       ``(i) the proposed use of funds would be consistent with 
     and address the goals in any applicable State homeland 
     security plan, and, unless the Secretary determines 
     otherwise, are consistent with the national strategy and 
     architecture; and
       ``(ii) the applicant intends to spend funds under the 
     grant, to administer such funds,

[[Page S10199]]

     and to allocate such funds among any participating local 
     governments; and
       ``(C) be consistent with the Interoperable Communications 
     Plan required by section 7303(f) of the Intelligence Reform 
     and Terrorism Prevention Act of 2004 (6 U.S.C. 194(f)).
       ``(e) State Review and Submission.--
       ``(1) In general.--To ensure consistency with State 
     homeland security plans, an eligible region applying for a 
     grant under this section shall submit its application to each 
     State within which any part of the eligible region is located 
     for review before submission of such application to the 
     Secretary.
       ``(2) Deadline.--Not later than 30 days after receiving an 
     application from an eligible region under paragraph (1), each 
     such State shall transmit the application to the Secretary.
       ``(3) State disagreement.--If the Governor of any such 
     State determines that a regional application is inconsistent 
     with the State homeland security plan of that State, or 
     otherwise does not support the application, the Governor 
     shall--
       ``(A) notify the Secretary in writing of that fact; and
       ``(B) provide an explanation of the reasons for not 
     supporting the application at the time of transmission of the 
     application.
       ``(f) Award of Grants.--
       ``(1) Considerations.--In approving applications and 
     awarding grants under this section, the Secretary shall 
     consider--
       ``(A) the nature of the threat to the State or eligible 
     region from a terrorist attack, natural disaster, or other 
     large-scale emergency;
       ``(B) the location, risk, or vulnerability of critical 
     infrastructure and key national assets, including the 
     consequences from damage to critical infrastructure in nearby 
     jurisdictions as a result of a terrorist attack, natural 
     disaster, or other large-scale emergency;
       ``(C) the size of the population, as well as the population 
     density of the area, that will be served by the interoperable 
     communications systems, except that the Secretary shall not 
     establish a minimum population requirement that would 
     disqualify from consideration an area that otherwise faces 
     significant threats, vulnerabilities, or consequences from a 
     terrorist attack, natural disaster, or other large-scale 
     emergency;
       ``(D) the extent to which grants will be utilized to 
     implement emergency communications and interoperability 
     solutions--
       ``(i) consistent with the national strategy and compatible 
     with the national architecture; and
       ``(ii) more efficient and cost effective than current 
     approaches;
       ``(E) the number of jurisdictions within regions 
     participating in the development of emergency communications 
     capabilities and interoperable communications systems, 
     including the extent to which the application includes all 
     incorporated municipalities, counties, parishes, and tribal 
     governments within the State or eligible region, and their 
     coordination with Federal and State agencies;
       ``(F) the extent to which a grant would expedite the 
     achievement of emergency communications capabilities and 
     interoperability in the State or eligible region with 
     Federal, State, and local agencies;
       ``(G) the extent to which a State or eligible region, given 
     its financial capability, demonstrates its commitment to 
     expeditiously achieving emergency communications capabilities 
     and communications interoperability by supplementing Federal 
     funds with non-Federal funds;
       ``(H) whether the State or eligible region is on or near an 
     international border;
       ``(I) whether the State or eligible region encompasses an 
     economically significant border crossing;
       ``(J) whether the State or eligible region has a coastline 
     bordering an ocean or international waters;
       ``(K) the extent to which geographic barriers pose unusual 
     obstacles to achieving emergency communications capabilities 
     or communications interoperability;
       ``(L) the threats, vulnerabilities, and consequences faced 
     by the State or eligible region related to at-risk site or 
     activities in nearby jurisdictions, including the need to 
     respond to terrorist attacks, natural disasters, or other 
     large-scale emergencies arising in those jurisdictions;
       ``(M) the need to achieve nationwide emergency 
     communications capabilities and interoperability, consistent 
     with the national strategies; and
       ``(N) such other factors as are specified by the Secretary 
     in writing.
       ``(2) Review panel.--
       ``(A) In general.--The Secretary shall establish a review 
     panel under section 871(a) to assist in reviewing grant 
     applications under this section.
       ``(B) Recommendations.--The review panel established under 
     subparagraph (A) shall make recommendations to the Secretary 
     regarding applications for grants under this section.
       ``(C) Membership.--The review panel established under 
     subparagraph (A) shall include individuals with technical 
     expertise in emergency communications and communications 
     interoperability as well as emergency response providers and 
     other relevant State and local officials.
       ``(3) Availability of funds.--Any grant funds awarded that 
     may be used to support emergency communications or 
     interoperability shall, as the Secretary may determine, 
     remain available for up to 3 years, consistent with section 
     7303(e) of the Intelligence Reform and Terrorism Prevention 
     Act of 2004 (6 U.S.C. 194(e)).
       ``(g) Definitions.--In this section, the following 
     definitions apply:
       ``(1) Eligible region.--The term `eligible region' means--
       ``(A) 2 or more contiguous incorporated municipalities, 
     counties, parishes, Indian tribes or other general purpose 
     jurisdictions that--
       ``(i) have joined together to enhance emergency 
     communications capabilities or communications 
     interoperability between first responders in those 
     jurisdictions and with State and Federal officials; and
       ``(ii) includes the largest city in any metropolitan 
     statistical area, as defined by the Office of Management and 
     Budget; or
       ``(B) any other area the Secretary determines to be 
     consistent with the definition of a region in the national 
     preparedness guidance issued under Homeland Security 
     Presidential Directive 8.
       ``(2) Office.--The term `office' refers to the Office of 
     Domestic Preparedness of the Office of State and Local 
     Government Preparedness and Coordination within the 
     Department of Homeland Security.
       ``(h) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out the purposes of 
     this section--
       ``(1) $400,000,000 for fiscal year 2006;
       ``(2) $500,000,000 for fiscal year 2007;
       ``(3) $600,000,000 for fiscal year 2008;
       ``(4) $800,000,000 for fiscal year 2009;
       ``(5) $1,000,000,000 for fiscal year 2010; and
       ``(6) such sums as are necessary for each fiscal year 
     thereafter.''.

     SEC. 8. DEFINITIONS.

       Section 2 of the Homeland Security of Act of 2002 (6 U.S. 
     C. 101) is amended--
       (1) by redesignating paragraphs (9) through (16) as 
     paragraphs (11) through (18), respectively;
       (2) by redesignating paragraphs (6) through (8) as 
     paragraphs (7) through (9), respectively;
       (3) by inserting after paragraph (5) the following:
       ``(6) The term `emergency communications capabilities' 
     means the ability to provide and maintain, throughout an 
     emergency response operation, a continuous flow of 
     information among emergency responders, agencies, and 
     government officials from multiple disciplines and 
     jurisdictions and at all levels of government, in the event 
     of a natural disaster, terrorist attack, or other large-scale 
     or catastrophic emergency, including where there has been 
     significant damage to, or destruction of, critical 
     infrastructure, including substantial loss of ordinary 
     telecommunications infrastructure and sustained loss of 
     electricity.''; and
       (4) by inserting after paragraph (8) the following:
       ``(9) The terms `interoperable communications' and 
     `communications interoperability' mean the ability of 
     emergency response providers and relevant Federal, State, and 
     local government agencies to communicate with each other as 
     necessary, utilizing information technology systems and radio 
     communications systems, and to exchange voice, data, or video 
     with one another on demand, in real time, as necessary.''.

     SEC. 9. INTERAGENCY COMMITTEE.

       (a) Establishment.--There is established an Interagency 
     Committee on Emergency Communications and Interoperability 
     (referred to in this section as ``the Committee'').
       (b) Composition.--The Committee shall be composed of:
       (1) a representative of the Department of Homeland 
     Security, who shall serve as Chair of the Committee;
       (2) a representative of the Federal Communications 
     Committee;
       (3) a representative of the Department of Commerce;
       (4) a representative of the Department of Defense;
       (5) a representative of the Department of Justice;
       (6) a representative of the Department of Health and Human 
     Services;
       (7) a representative of the National Institute of Standards 
     and Technology; and
       (8) a representative of any other department or agency 
     determined to be necessary by the President.
       (c) Report.--Not later than 90 days after the date of 
     enactment of this Act, the Committee shall submit a report to 
     the President and to Congress that includes--
       (1) a proposal as to how to most effectively accelerate the 
     development of national standards for public safety 
     interoperable communications in accordance with section 7303 
     of the Intelligence Reform and Terrorism Prevention Act of 
     2004 (6 U.S.C. 194); and
       (2) a proposal on how to ensure that Federal officials 
     responding to a natural disaster, terrorist attack, or other 
     large-scale emergency, have the means to provide and maintain 
     emergency communications capabilities to support their 
     response efforts where there is significant damage to, or 
     destruction of, critical infrastructure, including 
     substantial loss of ordinary telecommunications 
     infrastructure and sustained loss of electricity.

     SEC. 10. TECHNICAL AND CONFORMING AMENDMENTS.

       The table of contents in section 1(b) of the Homeland 
     Security Act of 2002 (6 U.S.C. 101) is amended by--

[[Page S10200]]

       (1) inserting after the item relating to section 313 the 
     following:

``Sec. 314. Emergency communications and interoperability assessments 
              and report.
``Sec. 315. Emergency communications and interoperability research and 
              development.
``Sec. 316. Emergency communications pilot projects.''.

       (2) adding at the end the following:

 ``TITLE XVIII--DEDICATED FUNDING TO ACHIEVE EMERGENCY COMMUNICATIONS 
                   CAPABILITIES AND INTEROPERABILITY

``Sec. 1801. Emergency communications and interoperability grants.''.

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