[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.''.
____________________