[Congressional Record Volume 151, Number 144 (Thursday, November 3, 2005)]
[Senate]
[Pages S12359-S12371]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2402. Ms. SNOWE (for herself, Ms. Collins, Mr. Rockefeller, and 
Mr. Durbin) submitted an amendment intended to be proposed by her to 
the bill S. 1932, to provide for reconciliation pursuant to section 
202(a) of the concurrent resolution on the budget for fiscal year 2006 
(H. Con. Res. 95); which was ordered to lie on the table; as follows:

       On page 368, between lines 5 and 6, insert the following:

     SEC. 6116. CLARIFICATION OF CONGRESSIONAL INTENT REGARDING 
                   THE COUNTING OF RESIDENTS IN A NONHOSPITAL 
                   SETTING.

       (a) D-GME.--Section 1886(h)(4)(E) (42 U.S.C. 
     1395ww(h)(4)(E)) is amended by adding at the end the 
     following new sentences: ``For purposes of the preceding 
     sentence, the term `all, or substantially all, of the costs 
     for the training program' means the stipends and benefits 
     provided to the resident and other amounts, if any, as 
     determined by the hospital and the entity operating the 
     nonhospital setting. The hospital is not required to pay the 
     entity any amounts other than those determined by the 
     hospital and the entity in order for the hospital to be 
     considered to have incurred all, or substantially all, of the 
     costs for the training program in that setting.''.
       (b) IME.--Section 1886(d)(5)(B)(iv) (42 U.S.C. 
     1395ww(d)(5)(B)(iv)) is amended by adding at the end the 
     following new sentences: ``For purposes of the preceding 
     sentence, the term `all, or substantially all, of the costs 
     for the training program' means the stipends and benefits 
     provided to the resident and other amounts, if any, as 
     determined by the hospital and the entity operating the 
     nonhospital setting. The hospital is not required to pay the 
     entity any amounts other than those determined by the 
     hospital and the entity in order for the hospital to be 
     considered to have incurred all, or substantially all, of the 
     costs for the training program in that setting.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on January 1, 2005.
                                 ______
                                 
  SA 2403. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 1932, to provide for reconciliation pursuant to 
section 202(a) of the concurrent resolution on the budget for fiscal 
year 2006 (H. Con. Res. 95); which was ordered to lie on the table; as 
follows:

       On page 130, after line 25, insert the following:

[[Page S12360]]

     SEC. 6005. IMPROVED REGULATION OF DRUGS SOLD UNDER A NEW DRUG 
                   APPLICATION APPROVED UNDER SECTION 505C OF THE 
                   FEDERAL FOOD, DRUG, AND COSMETIC ACT.

       Section 1927 (42 U.S.C. 1396r-8) is amended--
       (1) in subsection (c)(1)(C), by adding at the end the 
     following:
       ``(iv) Notwithstanding any other provision of this section, 
     in the case of a manufacturer that approves, allows, or 
     otherwise permits any other drug of the manufacturer to be 
     sold under a new drug application approved under section 
     505(c) of the Federal Food, Drug, and Cosmetic Act that has, 
     as of January 1, 2006, been marketed for at least 6 months 
     and where the product of the average manufacturer price of 
     the manufacturer's authorized drugs and the total units of 
     such authorized drugs, if any, during the second quarter of 
     2005 for which a rebate was paid under any State plan 
     approved under this title (and which was reported as required 
     under subsection (b)(2)(A)), does not exceed $10,000,000, the 
     term `best price' shall not include any price for such 
     authorized drug available for the innovator multiple source 
     drug of such manufacturer.''; and
       (2) in subsection (k)(1)(C), as amended by section 
     6003(b)(2)(A), by adding at the end the following:
       ``(G) Notwithstanding subparagraph (C) or any other 
     provision of this section, in the case of a manufacturer that 
     approves, allows, or otherwise permits any other drug of the 
     manufacturer to be sold under a new drug application approved 
     under section 505(c) of the Federal Food, Drug, and Cosmetic 
     Act that has, as of January 1, 2006, been marketed for at 
     least 6 months and where the product of the average 
     manufacturer price of the manufacturer's authorized drugs and 
     the total units of such authorized drugs, if any, during the 
     second quarter of 2005 for which a rebate was paid under any 
     State plan approved under this title (and which was reported 
     as required under subsection (b)(2)(A)), does not exceed 
     $10,000,000, the term `average manufacturer price' shall not 
     include any price paid for such authorized drug by 
     wholesalers for drugs distributed to the retail pharmacy 
     class of trade for the innovator multiple source drugs of 
     such manufacturer.''.
                                 ______
                                 
  SA 2404. Mr. ENSIGN (for himself, Mr. Santorum, and Mr. Kyl) proposed 
an amendment to amendment SA 2352 proposed by Mr. Enzi (for himself, 
Mr. Kennedy, Mr. Alexander, Mr. Dodd, Ms. Landrieu, Mr. Cochran, Mr. 
Lott, and Mrs. Hutchison) to the bill S. 1932, to provide for 
reconciliation pursuant to section 202(a) of the concurrent resolution 
on the budget for fiscal year 2006 (H. Con. Res. 95); as follows:

       Strike all after the first word of the amendment and insert 
     the following:

                 D--Hurricane Katrina Education Relief

     SEC. 7951. SHORT TITLE.

       This subtitle may be cited as the ``Hurricane Katrina 
     Education Relief Act''.

     SEC. 7952. FINDINGS.

       Congress finds the following:
       (1) Hurricane Katrina has had a devastating and 
     unprecedented impact on students who attended schools in the 
     disaster areas.
       (2) Due to the devastating effects of Hurricane Katrina, a 
     significant number of students have enrolled in schools 
     outside of the area in which they resided on August 22, 2005, 
     including a significant number of students who enrolled in 
     nonpublic schools because their parents chose to enroll them 
     in such schools.
       (3) 372,000 students were displaced by Hurricane Katrina. 
     Approximately 700 schools have been damaged or destroyed. 
     Nine States each have more than 1,000 of such displaced 
     students enrolled in their schools. In Texas alone, over 
     45,000 displaced students have enrolled in schools.
       (4) In response to these extraordinary conditions, this 
     subtitle creates a one-time only emergency grant for the 
     2005-2006 school year tailored to the needs and particular 
     circumstances of students displaced by Hurricane Katrina.

     SEC. 7953. WAIVERS AND OTHER ACTIONS.

       (a) In General.--If the Secretary of Education determines 
     that it is necessary, in order to provide assistance as 
     efficiently and expeditiously as possible to students, local 
     educational agencies, institutions of higher education, 
     States, or other individuals or entities affected directly or 
     indirectly by Hurricane Katrina, the Secretary may waive or 
     modify, on a case-by-case basis, any requirement of Federal 
     law or regulation that the Secretary administers or enforces 
     (other than a law or regulation of Government-wide 
     applicability or regarding civil rights or safety). The 
     waivers or modifications that the Secretary of Education may 
     issue include extending program reporting deadlines or 
     allowing States, local educational agencies, and institutions 
     of higher education to use funds more broadly to help 
     displaced students.
       (b) Effective Period.--No waiver or modification issued 
     pursuant to subsection (a) shall be in effect after September 
     30, 2006.
       (c) Report on Waivers.--
       (1) Initial report.--Not later than 1 month after the date 
     of enactment of this Act, the Secretary of Education shall 
     prepare and submit a report on the States and local 
     educational agencies requesting a waiver of any provision 
     under the Elementary and Secondary Education Act of 1965 (20 
     U.S.C. 6301 et seq.) and the Individuals with Disabilities 
     Education Act (20 U.S.C. 1400 et seq.) due to the impact of 
     Hurricane Katrina to the Committee on Education and the 
     Workforce and the Committee on Appropriations of the House of 
     Representatives and the Committee on Health, Education, 
     Labor, and Pensions and the Committee on Appropriations of 
     the Senate.
       (2) Follow-up report.--Not later than 3 months after 
     September 30, 2006, the Secretary of Education shall prepare 
     and submit a report describing the waivers that were granted 
     under this subtitle, and the impact of such waivers, to the 
     Committee on Education and the Workforce and the Committee on 
     Appropriations of the House of Representatives and the 
     Committee on Health, Education, Labor, and Pensions and the 
     Committee on Appropriations of the Senate.

     SEC. 7954. IMMEDIATE AID TO RESTART SCHOOL OPERATIONS.

       (a) Purpose.--It is the purpose of this section--
       (1) to provide immediate and direct assistance to 
     institutions of higher education and local educational 
     agencies in Louisiana, Mississippi, and Alabama that serve an 
     area in which a major disaster has been declared in 
     accordance with section 401 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5170), related to Hurricane Katrina;
       (2) to assist administrators and personnel of such 
     institutions and agencies who are working to restart 
     operations;
       (3) to facilitate the reopening of, and the re-enrollment 
     of students in, institutions of higher education and 
     elementary schools and secondary schools served by local 
     educational agencies; and
       (4) to assist institutions of higher education, elementary 
     schools, and secondary schools in restoring operations 
     disrupted by Hurricane Katrina.
       (b) Grants Authorized.--From amounts appropriated to carry 
     out this section, the Secretary of Education is authorized to 
     make competitive grants--
       (1) to institutions of higher education (as defined in 
     section 101 of the Higher Education Act of 1965 (20 U.S.C. 
     1001)), in Louisiana, Mississippi, and Alabama, that serve an 
     area in which a major disaster has been declared in 
     accordance with section 401 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5170), related to Hurricane Katrina; and
       (2) to State educational agencies (as defined in section 
     9101 of the Elementary and Secondary Education Act of 1965 
     (20 U.S.C. 7801 et seq.)) in Louisiana, Mississippi, and 
     Alabama to enable those agencies to award subgrants, pursuant 
     to subsection (d), to local educational agencies serving an 
     area in which a major disaster has been declared in 
     accordance with section 401 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5170), related to Hurricane Katrina.
       (c) Amount of Grants.--In determining the amount of a grant 
     under this section, the Secretary of Education shall take 
     into consideration--
       (1) the number of schools and institutions of higher 
     education in the State affected by Hurricane Katrina;
       (2) the number of students in the State affected by 
     Hurricane Katrina;
       (3) the severity of the damage inflicted upon the affected 
     schools and affected institutions; and
       (4) the estimated length of time to restore operations at 
     the affected schools and affected institutions.
       (d) Subgrants.--
       (1) Applications.--Each local educational agency desiring a 
     subgrant under this section shall submit an application to 
     the State educational agency at such time, in such manner, 
     and accompanied by such information as the State educational 
     agency may reasonably require to ensure expedited and timely 
     payment to the local educational agency.
       (2) Eligibility and consideration.--In determining whether 
     to award a subgrant under this section, or the amount of the 
     subgrant, the State educational agency shall consider the 
     following:
       (A) The number of school-aged children served by the local 
     educational agency in the academic year preceding the 
     academic year for which the grant is awarded.
       (B) The severity of the impact of Hurricane Katrina on the 
     local educational agency and the extent of the needs in each 
     local educational agency in the State that is in an area in 
     which a major disaster has been declared in accordance with 
     section 401 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5170), related to 
     Hurricane Katrina.
       (e) Uses of Funds.--
       (1) In general.--An institution of higher education 
     receiving a grant, or a local educational agency receiving a 
     subgrant, under this section shall use the subgrant funds 
     for--
       (A) recovery of student and personnel data, and other 
     electronic information;
       (B) replacement of information systems, including hardware 
     and software;
       (C) financial operations;
       (D) reasonable transportation costs for students;
       (E) rental of mobile educational units and leasing of 
     neutral sites or spaces;
       (F) initial replacement of instructional materials and 
     equipment, including textbooks;

[[Page S12361]]

       (G) redeveloping instructional plans, including curriculum 
     development;
       (H) initiating and maintaining education and support 
     services; or
       (I) such other activities related to the purpose of this 
     section that are approved by the Secretary of Education.
       (2) Use with other available funds.--An institution of 
     higher education receiving a grant, or a local educational 
     agency receiving a subgrant, under this section may use such 
     funds in coordination with other Federal, State, or local 
     funds available for the activities described in paragraph 
     (1).
       (3) Prohibitions.--Grant funds or subgrant funds received 
     under this section shall not be used for either of the 
     following:
       (A) Construction or major renovation of schools or 
     institutions of higher education.
       (B) Payments to administrators, faculty, or teachers who 
     are not actively engaged in--
       (i) restarting or re-opening schools or institutions of 
     higher education; or
       (ii) restoring operations of schools or institutions of 
     higher education.
       (f) Supplement Not Supplant.--
       (1) In general.--Except as provided in paragraph (2), funds 
     made available under this section shall be used to 
     supplement, not supplant, any funds made available through 
     the Federal Emergency Management Agency or through a State.
       (2) Exception.--Paragraph (1) shall not prohibit the 
     provision of Federal assistance under this section to an 
     eligible educational agency or institution of higher 
     education that is or may be entitled to receive, from another 
     source, benefits for the same purposes as under this section 
     if such agency or institution--
       (A) has not received such other benefits by the time of 
     application for Federal assistance under this section; and
       (B) agrees to repay all duplicative Federal assistance 
     received to carry out the purposes of this section.
       (g) Authorization of Appropriations.--There is authorized 
     to be appropriated, and there is appropriated, out of any 
     money in the Treasury not otherwise appropriated, 
     $450,000,000 to carry out this section.

     SEC. 7955. HOLD HARMLESS FOR AGENCIES SERVING MAJOR DISASTER 
                   AREAS.

       (a) Local Educational Agencies and Title I of ESEA Funds.--
     In the case of a local educational agency that serves an area 
     in which the President has declared that a major disaster 
     exists in accordance with section 401 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5170), related to Hurricane Katrina, the amount made 
     available for such local educational agency under each of 
     sections 1124, 1124A, 1125, and 1125A of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6333, 6334, 6335, 
     and 6337) for fiscal year 2006 shall be not less than the 
     amount made available for such local educational agency under 
     each of such sections for fiscal year 2005.
       (b) State Educational Agencies and IDEA Funds.--In the case 
     of a State educational agency that serves an area in which 
     the President has declared that a major disaster exists in 
     accordance with section 401 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5170), related to Hurricane Katrina, the amount made 
     available for such State educational agency under the 
     Individuals with Disabilities Education Act (20 U.S.C. 1400 
     et seq.) for fiscal year 2006 shall be not less than the 
     amount made available for such State educational agency under 
     such Act for fiscal year 2005.

     SEC. 7956. TEACHER AND PARAPROFESSIONAL RECIPROCITY; DELAY.

       (a) Teacher and Paraprofessional Reciprocity.--
       (1) Teachers.--
       (A) Affected teacher.--In this subsection, the term 
     ``affected teacher'' means a teacher who is displaced due to 
     Hurricane Katrina and relocates to a State that is different 
     from the State in which such teacher resided on August 22, 
     2005.
       (B) In general.--A local educational agency may consider an 
     affected teacher hired by that agency who is not highly 
     qualified in the State in which the agency is located to be 
     highly qualified, for purposes of section 1119 of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6319) and section 612(a)(14) of the Individuals with 
     Disabilities Education Act (20 U.S.C. 1412(a)(14)), through 
     the last day of the 2005-2006 school year if such teacher was 
     highly qualified, consistent with section 9101(23) of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7801(23)) and section 602(10) of the Individuals with 
     Disabilities Education Act (20 U.S.C. 1401(10)), on or before 
     August 22, 2005, in the State in which such teacher resided 
     on August 22, 2005.
       (2) Paraprofessionals.--
       (A) Affected paraprofessional.--In this subsection, the 
     term ``affected paraprofessional'' means a paraprofessional 
     who is displaced due to Hurricane Katrina and relocates to a 
     State that is different from the State in which such 
     paraprofessional resided on August 22, 2005.
       (B) In general.--A local educational agency may consider an 
     affected paraprofessional hired by such agency who does not 
     satisfy the requirements of section 1119(c) of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 6319(c)) in 
     the State in which such agency is located to satisfy such 
     requirements, for purposes of such section, through the last 
     day of the 2005-2006 school year if such paraprofessional 
     satisfied such requirements on or before August 22, 2005, in 
     the State in which such paraprofessional resided on August 
     22, 2005.
       (b) Delay.--The Secretary of Education may delay, for a 
     period not to exceed 1 year, applicability of the 
     requirements of paragraphs (2) and (3) of section 1119(a) of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6319(a)(2) and (3)) and section 612(a)(14)(C) of the 
     Individuals with Disabilities Education Act (20 U.S.C. 
     1412(a)(14)(C)) with respect to the States of Alabama, 
     Louisiana, and Mississippi (and local educational agencies 
     within the jurisdiction of such States), if any such State or 
     local educational agency demonstrates that a failure to 
     comply with such requirements is due to exceptional or 
     uncontrollable circumstances, such as a natural disaster or a 
     precipitous and unforeseen decline in the financial resources 
     of local educational agencies within the State.

     SEC. 7957. ASSISTANCE FOR HOMELESS YOUTH.

       (a) In General.--The Secretary of Education shall provide 
     assistance to local educational agencies serving homeless 
     children and youths displaced by Hurricane Katrina, 
     consistent with section 723 of the McKinney-Vento Homeless 
     Assistance Act (42 U.S.C. 11433), including identification, 
     enrollment assistance, assessment and school placement 
     assistance, transportation, coordination of school services, 
     supplies, referrals for health, mental health, and other 
     needs.
       (b) Exception and Distribution of Funds.--
       (1) Exception.--For purposes of providing assistance under 
     subsection (a), subsections (c), (d)(2), and (e)(1) of 
     section 722 and subsections (b) and (c) of section 723 of the 
     McKinney-Vento Homeless Assistance Act (42 U.S.C. 11432(c), 
     (d)(2), and (e)(1), 11433(b) and (c)) shall not apply.
       (2) Disbursement.--The Secretary of Education shall 
     disburse funds under subsection (a) to State educational 
     agencies based on demonstrated need, as determined by the 
     Secretary, and those State educational agencies shall 
     distribute funds available under subsection (c) to local 
     educational agencies based on demonstrated need, for the 
     purposes of carrying out section 723 of the McKinney-Vento 
     Homeless Assistance Act (42 U.S.C. 11433).
       (3) Authorization of appropriations.--There is authorized 
     to be appropriated, and there is appropriated, out of any 
     money in the Treasury not otherwise appropriated, to carry 
     out this section $10,000,000.

     SEC. 7958. GENERAL PROVISION.

       Nothing in sections 7951 through 7957 of this subtitle 
     shall be construed to permit discrimination on the basis of 
     race, color, religion, sex (except as otherwise permitted 
     under title IX of the Education Amendments of 1972 (20 U.S.C. 
     1681 et seq.)), national origin, or disability in any program 
     funded under sections 7951 through 7957 of this subtitle.

     SEC. 7959. TEMPORARY EMERGENCY IMPACT AID FOR DISPLACED 
                   STUDENTS.

       (a) Temporary Emergency Impact Aid Authorized.--
       (1) Aid to state educational agencies.--From amounts 
     appropriated under subsection (o), the Secretary of Education 
     shall provide emergency impact aid to State educational 
     agencies to enable the State educational agencies--
       (A) to make emergency impact aid payments to eligible local 
     educational agencies and eligible BIA-funded schools to 
     enable those eligible local educational agencies and schools 
     to provide for the instruction of displaced students served 
     by the agencies and schools; and
       (B) to make immediate impact aid payments to individual 
     accounts established on behalf of displaced students who are 
     attending eligible nonpublic schools located within the 
     State.
       (2) Aid to local educational agencies and bia-funded 
     schools.--A State educational agency shall make emergency 
     impact aid payments to eligible local educational agencies 
     and eligible BIA-funded schools in accordance with subsection 
     (d).
       (3) State educational agencies in certain states.--In the 
     case of the States of Louisiana and Mississippi, the State 
     educational agency shall carry out the activities of eligible 
     local educational agencies that are unable to carry out this 
     section, including eligible local educational agencies in 
     those States for which the State exercises the authorities 
     normally exercised by the local educational agencies.
       (b) Definitions.--In this section:
       (1) Child with a disability.--The term ``child with a 
     disability'' has the meaning given the term in section 602 of 
     the Individuals with Disabilities Education Act (20 U.S.C. 
     1401).
       (2) Displaced student.--The term ``displaced student'' 
     means a student who enrolls in a school (other than the 
     school that the student was enrolled in, or was eligible to 
     be enrolled in, on August 22, 2005), and who resided, on 
     August 22, 2005, in an area for which a major disaster has 
     been declared in accordance with section 401 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5170), related to Hurricane Katrina.
       (3) Eligible local educational agencies.--The term 
     ``eligible local educational agency'' means a local 
     educational agency

[[Page S12362]]

     that serves an elementary school or secondary school 
     (including a charter school) in which there is enrolled a 
     displaced student.
       (4) Eligible nonpublic school.--The term ``eligible 
     nonpublic school'' means a nonpublic school that--
       (A) operates in accordance with State law or is accredited 
     or licensed;
       (B) was in existence on August 22, 2005; and
       (C) serves a displaced student.
       (5) Eligible bia-funded school.--In this section, the term 
     ``eligible BIA-funded school'' means a school funded by the 
     Bureau of Indian Affairs in which there is enrolled a 
     displaced student.
       (c) Application.--
       (1) State educational agency.--A State educational agency 
     that desires to receive emergency impact aid under this 
     section shall submit an application to the Secretary of 
     Education at such time, in such manner, and accompanied by 
     such information as the Secretary of Education may reasonably 
     require, which shall include--
       (A) information on the displaced student child count of the 
     State provided by eligible local educational agencies in the 
     State and eligible BIA-funded schools in the State under 
     paragraph (2);
       (B) information on the child count of the State of 
     displaced students enrolled in eligible nonpublic schools;
       (C) a description of how parents and guardians will be 
     notified of their options for enrolling their children in 
     public or nonpublic schools in the State;
       (D) a description of the process by which parents and 
     guardians may apply for payment through individual accounts, 
     including the information such parents and guardians will be 
     required to provide such State educational agency;
       (E) a description of the procedure to be used by such State 
     educational agency to provide payments to parents and 
     guardians through individual accounts;
       (F) a description of the process to be used by such State 
     educational agency to obtain attestations of attendance of 
     displaced students from eligible nonpublic schools, in order 
     for such agency to provide payments to parents and guardians 
     through individual accounts; and
       (G) a description of how such State educational agency will 
     prioritize funding for displaced students attending eligible 
     nonpublic schools, if necessary, including any criteria such 
     as household income.
       (2) Local educational agencies and bia-funded schools.--An 
     eligible local educational agency or eligible BIA-funded 
     school that desires an emergency impact aid payment under 
     this section shall submit an application to the State 
     educational agency at such time, in such manner, and 
     accompanied by such information as the State educational 
     agency may reasonably require, including documentation 
     submitted for each quarter of the 2005-2006 school year that 
     indicates the following:
       (A) In the case of an eligible local educational agency, 
     the number of displaced students enrolled in the elementary 
     schools and secondary schools (including charter schools), 
     including the number of displaced students who are identified 
     as children with disabilities and are served under part B of 
     the Individuals with Disabilities Education Act (20 U.S.C. 
     1411 et seq.), served by such agency.
       (B) In the case of an eligible BIA-funded school, the 
     number of displaced students, including the number of 
     displaced students who are identified as children with 
     disabilities and are served under part B of the Individuals 
     with Disabilities Education Act (20 U.S.C. 1411 et seq.), 
     enrolled in such school.
       (3) Determination of number of displaced students.--In 
     determining the number of displaced students for a quarter 
     under paragraph (2), an eligible local educational agency or 
     eligible BIA-funded school shall include in such number the 
     number of displaced students served during such quarter prior 
     to the date of enactment of this Act.
       (d) Amount of Emergency Impact Aid.--
       (1) Aid to state educational agencies.--
       (A) In general.--The amount of emergency impact aid 
     received by a State educational agency for the 2005-2006 
     school year shall equal the sum of--
       (i) the number of displaced students (who are not 
     identified as children with disabilities and are not served 
     under part B of the Individuals with Disabilities Education 
     Act (20 U.S.C. 1411 et seq.)), as determined by the eligible 
     local educational agencies and eligible BIA-funded schools in 
     the State under subsection (c)(2), and the number of such 
     displaced students enrolled in eligible nonpublic schools in 
     the State whose parents or guardians request payments 
     pursuant to this section, times $6,000; and
       (ii) the number of displaced students who are identified as 
     children with disabilities and are served under part B of the 
     Individuals with Disabilities Education Act, as determined by 
     the eligible local educational agencies and eligible BIA-
     funded schools in the State under subsection (c)(2), and the 
     number of such displaced students enrolled in eligible 
     nonpublic schools in the State whose parents or guardians 
     request payments pursuant to this section, times $7,500.
       (B) Insufficient funds.--If the amount available under this 
     section to provide emergency impact aid under this subsection 
     is insufficient to pay the full amount that a State 
     educational agency is eligible to receive under this section, 
     the Secretary of Education shall ratably reduce the amount of 
     such emergency impact aid.
       (2) Aid to eligible local educational agencies and eligible 
     bia-funded schools; payments to individual accounts.--
       (A) In general.--A State educational agency that receives 
     emergency impact aid under this subtitle shall provide 
     payments under this section to eligible local educational 
     agencies and eligible BIA-funded schools (as provided under 
     subparagraph (B)), and to the individual accounts on behalf 
     of displaced students enrolled in eligible nonpublic schools 
     (as provided under subparagraph (C)) whose parents or 
     guardians have requested such funds in accordance with 
     subsection (e)(2), for the 2005-2006 school year by such 
     dates as determined by the Secretary of Education. The 
     Secretary of Education shall establish a timeline for 
     reporting on the number of displaced students for each 
     quarter in order to make the appropriate disbursements in a 
     timely manner.
       (B) Payments to eligible local educational agencies and 
     eligible bia-funded schools.--
       (i) In general.--Payments to eligible local educational 
     agencies and eligible BIA-funded schools shall be based on 
     the number of displaced students reported for each quarter 
     under subsection (c)(2) and in the amount determined under 
     clause (ii).
       (ii) Payment amount.--Each payment under clause (i) shall 
     equal 25 percent of the sum of--

       (I) the number of displaced students (who are not 
     identified as children with disabilities and are not served 
     under part B of the Individuals with Disabilities Education 
     Act (20 U.S.C. 1411 et seq.)) reported by the eligible local 
     educational agency or eligible BIA-funded school for each 
     quarter (as determined under subsection (c)(2)) times $6,000; 
     and
       (II) the number of displaced students who are identified as 
     children with disabilities and are served under part B of the 
     Individuals with Disabilities Education Act (20 U.S.C. 1411 
     et seq.) reported by the eligible local educational agency or 
     eligible BIA-funded school for each quarter (as determined 
     under subsection (c)(2)) times $7,500.

       (iii) Insufficient funds.--If the amount available under 
     this section to make payments under this subsection is 
     insufficient to pay the full amount that an eligible local 
     educational agency or eligible BIA-funded school is eligible 
     to receive for any quarter under this section, the State 
     educational agency shall ratably reduce the amount of the 
     payments.
       (C) Payments to individual accounts.--
       (i) In general.--A State educational agency shall make 
     payments to an individual account on behalf of a displaced 
     student for each quarter for which the displaced student is 
     enrolled in an eligible nonpublic school in the amount 
     determined under clause (ii).
       (ii) Payment amount.--Each payment under clause (i) shall 
     equal 25 percent of the lesser of--

       (I) $6,000; or
       (II) the total amount of tuition, fees, and transportation 
     costs, if any, of the displaced student for the 2005-2006 
     school year.

       (iii) Maximum amount.--In providing payments to an 
     individual account for the 2005-2006 school year on behalf of 
     a displaced student, a State educational agency may provide 
     not more than 4 quarterly payments to such account.
       (e) Use of Funds.--
       (1) Displaced students in public schools.--An eligible 
     local educational agency or eligible BIA-funded school 
     receiving emergency impact aid payments under this section 
     shall use the payments to provide instructional opportunities 
     for displaced students who enroll in elementary schools and 
     secondary schools (including charter schools) served by such 
     agency or in such a school, and for other expenses incurred 
     as a result of the agency or school serving displaced 
     students, which uses may include-
       (A) paying the compensation of personnel, including teacher 
     aides, in schools enrolling displaced students;
       (B) identifying and acquiring curricular material, 
     including the costs of providing additional classroom 
     supplies, and mobile educational units and leasing sites or 
     spaces;
       (C) basic instructional services for such students, 
     including tutoring, mentoring, academic counseling, 
     supplemental educational services, or after-school programs;
       (D) reasonable transportation costs for students;
       (E) health services (including counseling); and
       (F) alternative education services.
       (2) Displaced students in nonpublic schools.--
       (A) In general.--A State educational agency that receives 
     emergency impact aid under this section shall, at the request 
     of the parent or guardian of a displaced student who enrolls 
     in an eligible nonpublic school in the State, use such 
     emergency impact aid to provide payment on a quarterly basis, 
     in accordance with subsection (d)(2)(C), to an individual 
     account on behalf of such displaced student. Payment shall be 
     by individual check made payable to the displaced student's 
     parent or guardian and mailed by the State educational agency 
     to the eligible nonpublic school of the parent or guardian's 
     direction and the parent or guardian shall restrictively 
     endorse the check to such eligible nonpublic school.

[[Page S12363]]

       (B) Use of funds.--An eligible nonpublic school that 
     receives a check pursuant to subparagraph (A) may use the 
     funds for--
       (i) paying the compensation of personnel, including teacher 
     aides;
       (ii) identifying and acquiring curricular material, 
     including the costs of providing additional classroom 
     supplies, and mobile educational units and leasing sites or 
     spaces;
       (iii) basic instructional services for the displaced 
     students, including tutoring, mentoring, academic counseling, 
     or after-school programs;
       (iv) reasonable transportation costs for the displaced 
     students;
       (v) health services (including counseling);
       (vi) education and support services; and
       (vii) alternative education services.
       (3) Provision of special education and related services.--
       (A) In general.--In the case of a displaced student who is 
     identified as a child with a disability and is served under 
     part B of the Individuals with Disabilities Education Act (20 
     U.S.C. 1411 et seq.), any payment made on behalf of such 
     student to an eligible local educational agency or any 
     payment available in an account for such student, shall be 
     used to pay the cost of providing the student with special 
     education and related services consistent with the 
     Individuals with Disabilities Education Act (20 U.S.C. 1400 
     et seq.).
       (B) Special rule.--Notwithstanding any other provision of 
     this section, a State educational agency may provide payment 
     to an eligible local educational agency that provides 
     services to a displaced student attending an eligible 
     nonpublic school under section 612(a)(10) of the Individuals 
     with Disabilities Education Act (20 U.S.C. 1412(a)(10)) in an 
     amount that is not more than $1,500 per displaced student 
     served.
       (C) Special education; related services.--In this 
     paragraph, the terms ``special education'' and ``related 
     services'' have the meaning given such terms in section 602 
     of the Individuals with Disabilities Education Act (20 U.S.C. 
     1401).
       (f) Return of Aid.--
       (1) Eligible local educational agency or eligible bia-
     funded school.--An eligible local educational agency or 
     eligible BIA-funded school that receives an emergency impact 
     aid payment under this section shall return to the State 
     educational agency any payment provided to the eligible local 
     educational agency or school under this section that the 
     eligible local educational agency or school has not obligated 
     by the end of the 2005-2006 school year in accordance with 
     this section.
       (2) State educational agency.--A State educational agency 
     that receives emergency impact aid under this section, shall 
     return to the Secretary of Education--
       (A) any aid provided to the agency under this section that 
     the agency has not obligated by the end of the 2005-2006 
     school year in accordance with this section; and
       (B) any payment funds returned to the State educational 
     agency under paragraph (1).
       (g) Limitation on Use of Aid and Payments.--Aid and 
     payments provided under this section shall be used only for 
     expenses incurred during the 2005-2006 school year.
       (h) Administrative Expenses.--A State educational agency 
     that receives emergency impact aid under this section may use 
     not more than 1 percent of such aid for administrative 
     expenses.
       (i) Special Funding Rule.--In calculating funding under 
     section 8003 of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 7703) for an eligible local educational 
     agency that receives an emergency impact aid payment under 
     this section, the Secretary of Education shall not count 
     displaced students served by such agency for whom an 
     emergency impact aid payment is received under this section, 
     nor shall such students be counted for the purpose of 
     calculating the total number of children in average daily 
     attendance at the schools served by such agency as provided 
     in section 8003(b)(3)(B)(i) of such Act (20 U.S.C. 
     7703(b)(3)(B)(i)).
       (j) Termination of Authority.--The authority provided by 
     this section shall terminate on August 1, 2006.
       (k) By-Pass.--If a State educational agency is unable or 
     unwilling to carry out this section, the Secretary of 
     Education may make such arrangements with the State as the 
     Secretary determines appropriate to carry out this section on 
     behalf of displaced students attending an eligible nonpublic 
     school in the State. For a State in which State law prohibits 
     the State from using Federal funds to directly provide 
     services on behalf of students attending nonpublic schools 
     and provides that another entity shall provide such services, 
     the Secretary of Education shall make such arrangements with 
     that entity.
       (l) Nondiscrimination.--
       (1) In general.--A State educational agency may provide 
     payment under this section to the parent or guardian of a 
     displaced student who enrolls in an eligible nonpublic school 
     in the State only if the eligible nonpublic school selected 
     by the student provides assurances that it does not 
     discriminate against participating displaced students on the 
     basis of race, color, national origin, religion, or sex.
       (2) Applicability and single-sex schools, classes, or 
     activities.--
       (A) In general.--Notwithstanding any other provision of 
     law, the prohibition of sex discrimination in paragraph (1) 
     shall not apply to a nonpublic school that is operated by, 
     controlled by, or connected to a religious organization to 
     the extent that the application of paragraph (1) is 
     inconsistent with the religious tenets or beliefs of the 
     school.
       (B) Single-sex schools, classes, or activities.--
     Notwithstanding paragraph (1) or any other provision of law, 
     a parent or guardian may choose, and a nonpublic school may 
     offer, a single-sex school, class, or activity.
       (3) General provision.--Nothing in this section may be 
     construed to alter or modify the Individuals with 
     Disabilities Education Act (20 U.S.C. 1400 et seq.).
       (4) Rule of construction.--Payments made to an individual 
     account (or any other form of support provided to students 
     under this section) under this section shall be considered 
     assistance to the student and shall not be considered 
     assistance to the school that enrolls the student. The amount 
     of any payment (or other form of support provided on behalf 
     of a displaced student) under this section shall not be 
     treated as income of a parent or guardian of the student for 
     purposes of Federal tax laws or for determining eligibility 
     for any other Federal program.
       (5) Religiously affiliated schools.--
       (A) In general.--Notwithstanding any other provision of 
     law, an eligible nonpublic school participating in any 
     program under this subtitle that is operated by, supervised 
     by, controlled by, or connected to, a religious organization 
     may exercise its rights in matters of employment consistent 
     with title VII of the Civil Rights Act of 1964 (42 U.S.C. 
     2000e et seq.), including the exemptions provided under such 
     title.
       (B) Maintenance of purpose.--Notwithstanding any other 
     provision of law, funds made available under this section to 
     displaced students that are received by an eligible nonpublic 
     school, as a result of the student's parent or guardian's 
     choice, shall not, consistent with the first amendment of the 
     United States Constitution, necessitate any change in the 
     eligible nonpublic school's teaching mission, require any 
     eligible nonpublic school to remove religious art, icons, 
     scriptures, or other symbols, or preclude any eligible 
     nonpublic school from retaining religious terms in its name, 
     selecting its board members on a religious basis, or 
     including religious references in its mission statements and 
     other chartering or governing documents.
       (C) Rule of construction.--For purposes of this section, 
     the provisions of section 909 of the Education Amendments of 
     1972 (20 U.S.C. 1688) shall apply to this section as if 
     section 909 of the Education Amendments of 1972 (20 U.S.C. 
     1688) were part of this section.
       (m) Treatment of State Aid.--A State shall not take into 
     consideration emergency impact aid payments received under 
     this section by a local educational agency in the State in 
     determining the eligibility of such local educational agency 
     for State aid, or the amount of State aid, with respect to 
     free public education of children.
       (n) Return of Unexpended Funds.--The Secretary of Education 
     shall return to the Treasury any funds appropriated under 
     this section that are unexpended or unobligated by September 
     30, 2006.
       (o) Authorization of Appropriations.--There is authorized 
     to be appropriated, and there is appropriated, out of any 
     money in the Treasury not otherwise appropriated, 
     $1,200,000,000 to carry out this section.

     SEC. 7960. LIMITATION ON USE OF FUNDS.

       Aid, payments, assistance, or other funding provided under 
     this subtitle shall be used only for expenses incurred during 
     the 2005-2006 school year.

     SEC. 7961. SUNSET PROVISION.

       Except as otherwise provided in this subtitle, the 
     provisions of this subtitle shall be effective for the period 
     beginning on the date of enactment of this Act and ending on 
     August 30, 2006.
                                 ______
                                 
  SA 2405. Mrs. CLINTON (for herself, Ms. Mikulski, Mr. Harkin, Mr. 
Lautenberg, Mr. Jeffords, Mr. Reed, Mr. Salazar, Mr. Obama, Mrs. Boxer, 
Ms. Stabenow, Mr. Corzine, Mr. Schumer, Mr. Durbin, Mrs. Feinstein, Mr. 
Feingold, Mr. Carper, Mr. Johnson, and Mr. Leahy) submitted an 
amendment intended to be proposed by her to the bill S. 1932, to 
provide for reconciliation pursuant to section 202(a) of the concurrent 
resolution on the budget for fiscal year 2006 (H. con. Res. 95); which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

                      TITLE __ KATRINA COMMISSION

     SEC. __01. ESTABLISHMENT OF COMMISSION.

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

     SEC. __02. COMPOSITION OF COMMISSION.

       (a) Members.--The Commission shall be composed of 10 
     members, of whom--
       (1) 1 member shall be appointed by the President, who shall 
     serve as chairman of the Commission;
       (2) 1 member shall be appointed by the leader of the Senate 
     (majority or minority leader, as the case may be) of the 
     Democratic Party, in consultation with the leader of the 
     House of Representatives (majority or minority leader, as the 
     case may be) of the Democratic Party, who shall serve as vice 
     chairman of the Commission;
       (3) 2 members shall be appointed by the senior member of 
     the Senate leadership of the Democratic Party;

[[Page S12364]]

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

     SEC. __03. DUTIES.

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

     SEC. __04. FUNCTIONS OF COMMISSION.

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

     SEC. __05. POWERS OF COMMISSION.

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

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

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

[[Page S12365]]

       (f) Postal Services.--The Commission may use the United 
     States mails in the same manner and under the same conditions 
     as departments and agencies of the United States.

     SEC. __06. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE 
                   ACT.

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

     SEC. __07. STAFF OF COMMISSION.

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

     SEC. __08. COMPENSATION AND TRAVEL EXPENSES.

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

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

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

     SEC. __10. REPORTS OF COMMISSION; TERMINATION.

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

     SEC. __11. FUNDING.

       (a) Emergency Appropriation of Funds.--There are authorized 
     to be appropriated $3,000,000 for purposes of the activities 
     of the Commission under this title and such funding is 
     designated as emergency spending under section 402 of H. Con. 
     Res. 95 (109th Congress).
       (b) Duration of Availability.--Amounts made available to 
     the Commission under subsection (a) shall remain available 
     until the termination of the Commission.
                                 ______
                                 
  SA 2406. Mr. DURBIN (for himself, Mr. Dorgan, Mr. Lautenberg, and Mr. 
Johnson) submitted an amendment intended to be proposed by him to the 
bill S. 1932, to provide for reconciliation pursuant to section 202(a) 
of the concurrent resolution on the budget for fiscal year 2006 (H. 
Con. Res. 95); which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. ACCOUNTABILITY IN FEDERAL CONTRACTING.

       (a) In General.--Except as provided in subsection (b), none 
     of the funds appropriated or otherwise made available by the 
     Emergency Supplemental Appropriations Act to Meet Immediate 
     Needs Arising From the Consequences of Hurricane Katrina, 
     2005 (Public Law 109-61), by the Second Emergency 
     Supplemental Appropriations Act to Meet Immediate Needs 
     Arising From the Consequences of Hurricane Katrina, 2005 
     (Public Law 109-62), or through the Iraq Relief and 
     Reconstruction Fund may be obligated or expended in 
     connection with a contract with a contractor that, during the 
     previous 5 years--
       (1) has been found by an executive agency, the Special 
     Inspector General for Iraq Reconstruction, or any Inspector 
     General having oversight authority with respect to Hurricane 
     Katrina and Hurricane Rita reconstruction contracts to have 
     overcharged or improperly billed the Federal Government by a 
     total of at least $10,000,000 through one or more 
     overcharges;
       (2) has been found by an executive agency, the Special 
     Inspector General for Iraq Reconstruction, or any Inspector 
     General having oversight authority with respect to Hurricane 
     Katrina and Hurricane Rita reconstruction contracts to have 
     committed one or more fraudulent acts resulting in total 
     costs or losses to the Federal Government of at least 
     $10,000,000; or
       (3) has had rendered against it a judgment or conviction 
     for an offense constituting a cause for suspension or 
     debarment under the Federal suspension and debarment 
     regulations.
       (b) National Security Waiver.--The President may waive the 
     restrictions under subsection (a) on a case-by-case basis if 
     the President determines that such waiver is in the national 
     security interest of the United States and submits to the 
     appropriate congressional authorities a report describing the 
     reasons for such determination.
       (c) Definitions.--In this section:
       (1) Appropriate congressional authorities.--The term 
     ``appropriate congressional authorities'' means--
       (A) the Majority Leader and the Minority Leader of the 
     Senate;
       (B) the Speaker of the House of Representatives and the 
     Minority Leader of the House of Representatives; and
       (C) the Committees on Appropriations of the Senate and the 
     House of Representatives.
       (2) Executive agencies.--The term ``executive agency'' has 
     the meaning given that term in section 4 of the Office of 
     Federal Procurement Policy Act (41 U.S.C. 403).
                                 ______
                                 
  SA 2407. Mr. LEVIN submitted an amendment intended to be proposed by 
him to the bill S. 1932, to provide for reconciliation pursuant to 
section 202(a) of the concurrent resolution on the budget for fiscal 
year 2006 (H. Con. Res. 95); which was ordered to lie on the table; as 
follows:

       On page 95, after line 21, insert the following:

     SEC. 3005A. COMMUNICATION SYSTEM GRANTS.

       (a) Definitions.--In this section--
       (1) the term ``demonstration project'' means the 
     demonstration project established under subsection (b)(1);
       (2) the term ``Department'' means the Department of 
     Homeland Security;
       (3) the term ``emergency response provider'' has the 
     meaning given that term in section 2(6) the Homeland Security 
     Act of 2002 (6 U.S.C. 101(6)); and
       (4) the term ``Secretary'' means the Secretary of Homeland 
     Security.
       (b) In General.--
       (1) Establishment.--There is established in the Department 
     an ``International Border Community Interoperable 
     Communications Demonstration Project''.
       (2) Minimum number of communities.--The Secretary shall 
     select not fewer than 2 communities to participate in a 
     demonstration project.
       (3) Location of communities.--Not fewer than 1 of the 
     communities selected under paragraph (2) shall be located on 
     the northern border of the United States and not fewer than 1 
     of the communities selected under paragraph (2) shall be 
     located on the southern border of the United States.
       (c) Project Requirements.--The demonstration projects 
     shall--
       (1) address the interoperable communications needs of 
     police officers, firefighters,

[[Page S12366]]

     emergency medical technicians, National Guard, and other 
     emergency response providers;
       (2) foster interoperable communications--
       (A) among Federal, State, local, and tribal government 
     agencies in the United States involved in preventing or 
     responding to terrorist attacks or other catastrophic events; 
     and
       (B) with similar agencies in Canada and Mexico;
       (3) identify common international cross-border frequencies 
     for communications equipment, including radio or computer 
     messaging equipment;
       (4) foster the standardization of interoperable 
     communications equipment;
       (5) identify solutions that will facilitate communications 
     interoperability across national borders expeditiously;
       (6) ensure that emergency response providers can 
     communicate with each another and the public at disaster 
     sites or in the event of a terrorist attack or other 
     catastrophic event;
       (7) provide training and equipment to enable emergency 
     response providers to deal with threats and contingencies in 
     a variety of environments; and
       (8) identify and secure appropriate joint-use equipment to 
     ensure communications access.
       (d) Distribution of Funds.--
       (1) In general.--The Secretary shall distribute funds under 
     this section to each community participating in a 
     demonstration project through the State, or States, in which 
     each community is located.
       (2) Other participants.--Not later than 60 days after 
     receiving funds under paragraph (1), a State receiving funds 
     under this section shall make the funds available to the 
     local governments and emergency response providers 
     participating in a demonstration project selected by the 
     Secretary.
       (e) Funding.--Amounts made available from the 
     interoperability fund under section 3005(c)(3) shall be 
     available to carry out this section without appropriation.
       (f) Reporting.--Not later than December 31, 2005, and each 
     year thereafter in which funds are appropriated for a 
     demonstration project, the Secretary shall provide to the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate and the Committee on Homeland Security of the 
     House of Representatives a report on the demonstration 
     projects under this section.
                                 ______
                                 
  SA 2408. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill S. 1932, to provide for reconciliation pursuant to 
section 202(a) of the concurrent resolution on the budget for fiscal 
year 2006 (H. Con. Res. 95); as follows:

       On page 94, strike line 7 through 12.
                                 ______
                                 
  SA 2409. Mr. REED (for himself, Mr. Baucus, Mrs. Murray, Mr. Kennedy, 
Mr. Bingaman, Mr. Corzine, Mrs. Clinton, and Mr. Obama) submitted an 
amendment intended to be proposed by him to the bill S. 1932, to 
provide for reconciliation pursuant to section 202(a) of the concurrent 
resolution on the budget for fiscal year 2006 (H. Con. Res. 95); as 
follows:

       Strike section 6031 of the bill.
                                 ______
                                 
  SA 2410. Mr. BAUCUS (for himself, Mr. Obama, Ms. Mikulski, Mrs. 
Murray, Ms. Stabenow, Mr. Feingold, Mr. Reed, and Mr. Schumer) 
submitted an amendment intended to be proposed by him to the bill S. 
1932, to provide for reconciliation pursuant to section 202(a) of the 
concurrent resolution on the budget for fiscal year 2006 (H. Con. Res. 
95); which was ordered to lie on the table; as follows:

       On page 256, between lines 5 and 6, insert the following:

                   Subchapter D--Sense of the Senate

     SEC. 6065. TO EXPRESS THE SENSE OF THE SENATE REGARDING 
                   MEDICAID RECONCILIATION LEGISLATION TO BE 
                   REPORTED BY A CONFERENCE COMMITTEE.

       (a) Findings.--The Senate makes the following findings:
       (1) The Medicaid program provides essential health care and 
     long-term care services to more than 50,000,000 low-income 
     children, pregnant women, parents, individuals with 
     disabilities, and senior citizens. It is a Federal guarantee 
     that ensures that the most vulnerable will have access to 
     needed medical services.
       (2) The Medicaid program provides critical access to long-
     term care and other services for the elderly and individuals 
     living with disabilities, and is the single largest provider 
     of long-term care services. The Medicaid program also pays 
     for personal care and other supportive services that are 
     typically not provided by private health insurance or under 
     the Medicare program, but are necessary to enable individuals 
     with spinal cord injuries, developmental disabilities, 
     neurological degenerative diseases, serious and persistent 
     mental illnesses, HIV/AIDS, and other chronic conditions to 
     remain in the community, to work, and to maintain 
     independence.
       (3) The Medicaid program supplements the Medicare program 
     for more than 6,000,000 low-income elderly or disabled 
     Medicare beneficiaries, assisting those beneficiaries with 
     their Medicare premiums and co-insurance, wrap-around 
     benefits, and the costs of nursing home care that the 
     Medicare program does not cover. The Medicaid program spent 
     nearly $40,000,000,000 in 2002 on services not covered under 
     the Medicare program.
       (4) The Medicaid program provides health insurance for more 
     than \1/4\ of America's children and is the largest purchaser 
     of maternity care, paying for more than \1/3\ of all the 
     births in the United States each year. The Medicaid program 
     also provides vital access to care for children with 
     disabilities, covering more than 70 percent of the poor 
     children with disabilities in the United States.
       (5) Medicaid's benefits for children are comprehensive, 
     including mandatory coverage for Early and Periodic Screening 
     Diagnosis and Treatment benefits covering all medically 
     necessary care. Medicaid ensures that children have the 
     benefits, health services and health care support they need 
     to be fully immunized and that children can secure 
     eyeglasses, dental care, and hearing aids when necessary, and 
     that children have access to comprehensive, regularly 
     scheduled, and as-needed health examinations, as well as 
     preventive interventions, to correct physical and mental 
     conditions that threaten to delay proper growth and 
     development.
       (6) More than 16,000,000 American women depend on the 
     Medicaid program for their health care. Women comprise the 
     majority of seniors (71 percent) on Medicaid. Half of 
     nonelderly women with permanent mental or physical 
     disabilities have health care coverage under the Medicaid 
     program. The Medicaid program also provides critical access 
     to treatment for low-income women diagnosed with breast or 
     cervical cancer.
       (7) The Medicaid program is the Nation's largest source of 
     payment for mental health services, HIV/AIDS care, and care 
     for children with special needs. Much of this care is either 
     not covered by private insurance or is limited in scope or 
     duration. The Medicaid program is also a critical source of 
     funding for health care for children in foster care and for 
     health care services provided in schools.
       (8) Funds under the Medicaid program help to ensure access 
     to care for all Americans. The Medicaid program is the single 
     largest source of revenue for the Nation's safety net 
     hospitals, health centers, and nursing homes, and is critical 
     to the ability of these providers to adequately serve all 
     Americans.
       (9) The Medicaid program serves a major role in ensuring 
     that the number of Americans without health insurance, 
     approximately 45,000,000 in 2003, is not substantially 
     higher. The system of Federal matching for State Medicaid 
     expenditures ensures that Federal funds will grow as State 
     spending increases in response to unmet needs, enabling the 
     Medicaid program to help buffer the drop in private coverage 
     during recessions. More than 4,800,000 Americans lost 
     employer-sponsored health care coverage between 2000 and 
     2003, during which time the Medicaid program enrolled an 
     additional 8,400,000 Americans.
       (10) Many individuals living below the Federal poverty 
     level are ineligible for Medicaid because of stringent income 
     eligibility rules. For parents, eligibility levels are often 
     very far below the Federal poverty level. On average, a 
     working parent in a family of three would have to make less 
     than $224 per week and a non-working parent in a family of 
     three would have to make less than $150 per week to qualify. 
     Single individuals with disabilities would be ineligible if 
     they have more than $147 per week in income.
       (11) Eligibility levels for pregnant women and children are 
     generally at or just above the Federal poverty level, but a 
     family with income just over minimum wage can be disqualified 
     for Medicaid. At the minimum eligibility levels for pregnant 
     women, earning as little as $8.80 per hour at a full-time job 
     could disqualify a pregnant woman from Medicaid eligibility. 
     A working parent in a family of three earning less than $8.40 
     per hour at a full-time job could make their child 6 years-
     old or older ineligible for Medicaid.
       (12) Title III of the budget reconciliation bill of the 
     House of Representatives, as reported out by the Committee on 
     Energy and Commerce, would adversely affect these low-income 
     beneficiaries, many of whom are children or have special 
     health care needs, by increasing beneficiary cost-sharing, 
     limiting access to benefits, and restricting eligibility for 
     long-term care services that the Medicaid program covers. 
     These new limits make up \2/3\ of the House of 
     Representative's projected Medicaid spending reductions, 
     accounting for $30,100,000,000 of the total $45,300,000,000 
     in Medicaid reductions over 10 years.
       (13) Making beneficiaries pay more for more limited 
     benefits under Medicaid may put a significant financial 
     burden on these very low-income individuals. Research also 
     demonstrates that increasing beneficiary cost-sharing can 
     make prescription drugs and other essential health services 
     unaffordable for beneficiaries, can cause the health of 
     children and adults to deteriorate, and can lead to higher 
     emergency room and hospital costs.
       (14) By contrast, while this title includes substantial 
     cuts to the Medicaid program, it does not include direct 
     limits on beneficiary access to Medicaid services. Even so, 
     enactment of this title would result in a net Medicaid cut of 
     $14,200,000,000 over 10 years, less than \1/3\ of the 
     projected Medicaid reductions contained in the House of 
     Representative's budget reconciliation bill.

[[Page S12367]]

       (b) Sense of the Senate.--It is the sense of the Senate 
     that the conferees for any budget reconciliation bill of the 
     109th Congress shall not report a reconciliation bill that 
     would--
       (1) with respect to low-income children, pregnant women, 
     disabled individuals, elderly individuals, individuals with 
     chronic illnesses like HIV/AIDS, cancer, and diabetes, 
     individuals with mental illnesses, and other Medicaid 
     beneficiaries--
       (A) impair access to Medicaid services;
       (B) undermine eligibility for such Medicaid beneficiaries;
       (C) make Medicaid services unavailable by making them 
     unaffordable to such Medicaid beneficiaries; or
       (D) cut health care services for such Medicaid 
     beneficiaries; or
       (2) undermine the Federal guarantee of health insurance 
     coverage that the Medicaid program provides, which would 
     threaten not only the health care safety net of the United 
     States, but the entire health care system of the United 
     States.
                                 ______
                                 
  SA 2411. Mrs. FEINSTEIN (for herself, Mrs. Hutchison, Mrs. Boxer, 
Mrs. Murray, Mr. Lautenberg, Mr. Schumer, Mr. Corzine, Ms. Cantwell, 
and Ms. Mikulski) proposed an amendment to the bill S. 1932, to provide 
for reconciliation pursuant to section 202(a) of the concurrent 
resolution on the budget for fiscal year 2006 (H. Con. Res. 95); as 
follows:

       On page 188, after line 24, add the following:

     SEC. 6037. AUTHORITY TO CONTINUE PROVIDING CERTAIN ADULT DAY 
                   HEALTH CARE SERVICES OR MEDICAL ADULT DAY CARE 
                   SERVICES.

       The Secretary shall not--
       (1) withhold, suspend, disallow, or otherwise deny Federal 
     financial participation under section 1903(a) of the Social 
     Security Act (42 U.S.C. 1396b(a)) for adult day health care 
     services or medical adult day care services, as defined under 
     a State medicaid plan approved on or before 1982, if such 
     services are provided consistent with such definition and the 
     requirements of such plan; or
       (2) withdraw Federal approval of any such State plan or 
     part thereof regarding the provision of such services.
                                 ______
                                 
  SA 2412. Mr. VITTER (for Mr. Stevens (for himself, Mr. Vitter, Ms. 
Landrieu, Mr. Domenici, Mr. Craig, Mr. Lott, Mr. Inouye, and Mr. 
Bingaman)) proposed an amendment to the bill S. 1932, to provide for 
reconciliation pursuant to section 202(a) of the concurrent resolution 
on the budget for fiscal year 2006 (H. Con. Res. 95); as follows:

       On page 95, strike lines 13 through 21, and insert the 
     following:
       (f) Use of Excess Proceeds.--Any proceeds of the auction 
     authorized by section 309(j)(15)(C)(v) of the Communications 
     Act of 1934, as added by section 3003 of this Act, that 
     exceed the sum of the payments made from the Fund under 
     subsection (c), the transfer from the Fund under subsection 
     (d), and any amount made available under section 3006 
     (referred to in this subsection as ``excess proceeds''), 
     shall be distributed as follows:
       (1) The first $1,000,000,000 of excess proceeds shall be 
     transferred to and deposited in the general fund of the 
     Treasury as miscellaneous receipts.
       (2) After the transfer under paragraph (1), the next 
     $500,000,000 of excess proceeds shall be transferred to the 
     interoperability fund described in subsection (c)(3).
       (3) After the transfers under paragraphs (1) and (2), the 
     next $1,200,000,000 of exceess proceeds shall be transfered 
     to the assistance program described in subsection (c)(5).
       (4) After the transfers under paragraphs (1) through (3), 
     any remaining excess proceeds shall be transferred to and 
     deposited in the general fund of the Treasury as 
     miscellaneous receipts.
                                 ______
                                 
  SA 2413. Mr. WARNER (for himself, Mr. Lieberman, Mr. Roberts, Mr. 
Durbin, Mr. Allen, and Mr. Obama) proposed an amendment to the bill S. 
1932, to provide for reconciliation pursuant to section 202(a) of the 
concurrent resolution on the budget for fiscal year 2006 (H. Con. Res. 
95); as follows:

       On page 369, between lines 11 and 12, insert the following:
       ``(D) the Secretary--
       ``(i) shall determine if an increase in the amount of a 
     grant under this section is needed to help encourage students 
     to pursue courses of study that are important to the current 
     and future national, homeland, and economic security needs of 
     the United States; and
       ``(ii) after making the determination described in clause 
     (i), may increase the maximum and minimum award level 
     established under subparagraph (A) by not more than 25 
     percent, for students eligible for a grant under this section 
     who are pursuing a degree with a major in mathematics, 
     science, technology, engineering, or a foreign language that 
     is critical to the national security of the United States; 
     and
       ``(E) not later than September 30 of each fiscal year, the 
     Secretary shall notify Congress, in writing, of the 
     Secretary's determination with respect to subparagraph (D)(i) 
     and of any increase in award levels under subparagraph 
     (D)(ii).
                                 ______
                                 
  SA 2414. Mr. BYRD (for himself and Mr. Harkin) proposed an amendment 
to the bill S. 1932, to provide for reconciliation pursuant to section 
202(a) of the concurrent resolution on the budget for fiscal year 2006 
(H. Con. Res. 95); as follows:

       At the appropriate place, insert the following:

     SEC. __. SUSPENSION OF DEBATE LIMITATION ON RECONCILIATION 
                   LEGISLATION THAT CAUSES A DEFICIT OR INCREASES 
                   THE DEFICIT.

       (a) In General.--For purposes of consideration in the 
     Senate of any reconciliation bill or resolution, or 
     amendments thereto or debatable motions and appeals in 
     connection therewith, under section 310(e) of the 
     Congressional Budget Act of 1974, section 305(b) (1), (2), 
     and (5), section 305(c), and the limitation on debate in 
     section 310(e)(2) of that Act, shall not apply to any 
     reconciliation bill or resolution, amendment thereto, or 
     motion thereon that includes reductions in revenue or 
     increases in spending that would cause an on-budget deficit 
     to occur or increase the deficit for any fiscal year covered 
     by such bill or resolution.
       (b) Germaneness Required.--Notwithstanding subsection (a), 
     no amendment that is not germane to the provisions of such 
     reconciliation bill or resolution shall be received.
       
                                 ______
                                 
  SA 2415 Mr. DURBIN (for himself, Mr. Dorgan, Mr. Lautenberg, Mr. 
Johnson, and Mr. Lieberman) submitted an amendment intended to be 
proposed by him to the bill S. 1932, to provide for reconciliation 
pursuant to section 202(a) of the concurrent resolution on the budget 
for fiscal year 2006 (H. Con. Res. 95); which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. __. ACCOUNTABILITY IN FEDERAL CONTRACTING.

       (a) In General.--Except as provided in subsection (b), none 
     of the funds appropriated or otherwise made available by the 
     Emergency Supplemental Appropriations Act to Meet Immediate 
     Needs Arising From the Consequences of Hurricane Katrina, 
     2005 (Public Law 109-61), by the Second Emergency 
     Supplemental Appropriations Act to Meet Immediate Needs 
     Arising From the Consequences of Hurricane Katrina, 2005 
     (Public Law 109-62), or through the Iraq Relief and 
     Reconstruction Fund may be obligated or expended in 
     connection with a contract entered into after the date of the 
     enactment of this Act with a contractor that, during the 
     previous 5 years--
       (1) has been found by an executive agency, the Special 
     Inspector General for Iraq Reconstruction, or any Inspector 
     General having oversight authority with respect to Hurricane 
     Katrina and Hurricane Rita reconstruction contracts to have 
     overcharged or improperly billed the Federal Government by a 
     total of at least $10,000,000 through one or more 
     overcharges;
       (2) has been found by an executive agency, the Special 
     Inspector General for Iraq Reconstruction, or any Inspector 
     General having oversight authority with respect to Hurricane 
     Katrina and Hurricane Rita reconstruction contracts to have 
     committed one or more fraudulent acts resulting in total 
     costs or losses to the Federal Government of at least 
     $10,000,000; or
       (3) has been suspended or debarred under the Federal 
     suspension and debarment regulations.
       (b) National Security Waiver.--The President may waive the 
     restrictions under subsection (a) on a case-by-case basis if 
     the President determines that such waiver is in the national 
     security interest of the United States and submits to the 
     appropriate congressional authorities a report describing the 
     reasons for such determination.
       (c) Definitions.--In this section:
       (1) Appropriate congressional authorities.--The term 
     ``appropriate congressional authorities'' means--
       (A) the Majority Leader and the Minority Leader of the 
     Senate;
       (B) the Speaker of the House of Representatives and the 
     Minority Leader of the House of Representatives; and
       (C) the Committees on Appropriations of the Senate and the 
     House of Representatives.
       (2) Executive agencies.--The term ``executive agency'' has 
     the meaning given that term in section 4 of the Office of 
     Federal Procurement Policy Act (41 U.S.C. 403).
                                 ______
                                 
  SA 2416. Mr. SUNUNU (for himself and Mr. Santorum) submitted an 
amendment intended to be proposed by him to the bill S. 1932, to 
provide for reconciliation pursuant to section 202(a) of the concurrent 
resolution on the budget for fiscal year 2006 (H. Con. Res. 95); which 
was ordered to lie on the table; as follows:

       On page 130, after line 25, add the following:

[[Page S12368]]

     SEC. 6005. ELECTRONIC PRESCRIPTION INCENTIVES FOR MEDICAID 
                   MANAGED CARE ORGANIZATIONS.

       (a) In General.--Section 1903(m)(2)(A) (42 U.S.C. 
     1396b(m)(2)(A)) is amended--
       (1) in clause (xi), by striking ``and'' at the end;
       (2) in clause (xii), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(xiii) notwithstanding clause (x), such contract provides 
     that--
       ``(I) for each electronic prescription written by a 
     physician during the period beginning on January 1, 2006, and 
     ending on December 31, 2009, the entity shall make a payment 
     of an amount equal to--
       ``(aa) $1.00, minus
       ``(bb) an amount equal to the percentage of total claims 
     that consist of electronic prescription drug claims under 
     this title by medicaid managed care organizations (as 
     determined under section 6005(b) of the Deficit Reduction 
     Omnibus Reconciliation Act of 2005, expressed in cents);
       ``(II) for each non-electronic prescription written by a 
     physician during the period described in subclause (I), the 
     entity shall reduce the dispensing fee otherwise applicable 
     by an amount equal to--
       ``(aa) $1.00, minus
       ``(bb) an amount equal to the percentage of total claims 
     under this title by medicaid managed care organizations that 
     consist of non-electronic claims (as so determined and 
     expressed in cents).''.
       (b) Data for Determining Electronic Claims.--
       (1) In general.--For purposes of section 
     1903(m)(2)(A)(xiii) of the Social Security Act (as added by 
     subsection (a)), subject to the update required under 
     paragraph (2), in determining the percentage of total claims 
     that consist of electronic prescription drug claims by 
     medicaid managed care organizations under title XIX of the 
     Social Security Act and the percentage of total claims that 
     consist of non-electronic prescription drug claims, the 
     Secretary shall use an estimate of the number of electronic 
     claims and non-electronic claims that will be submitted as of 
     January 1, 2006.
       (2) Update.--For each 6 month period beginning after 
     January 1, 2006, the Secretary shall update the estimate of 
     the number of electronic prescription drug claims and non-
     electronic prescription drug claims used to determine the 
     percentage of total claims that consist of such electronic 
     claims and the percentage of total claims that consist of 
     such non-electronic claims.
       (3) Most recent data.--To the extent feasible, the 
     Secretary shall use the most recent data available, including 
     real-time data on drug claims submitted under title XIX pf 
     the Social Security Act with respect to medicaid managed care 
     organizations, to determine the percentage of total claims 
     that consist of electronic claims and the percentage of total 
     claims that consist of non-electronic claims.
       (c) Study and Report.--The Comptroller General of the 
     United States shall conduct a study regarding the feasibility 
     of applying electronic prescription incentives similar to the 
     incentives required under section 1903(m)(2)(A)(xiii) of the 
     Social Security Act (as added by subsection (a)) to fee-for-
     service Medicaid. Not later than January 1, 2007, the 
     Comptroller General shall submit a report to Congress on the 
     results of the study conducted under this subsection.
                                 ______
                                 
  SA 2417. Mr. GREGG (for Mr. Levin) proposed an amendment to the bill 
S. 1932, to provide for reconciliation pursuant to section 202(a) of 
the concurrent resolution on the budget for fiscal year 2006 (H. Con. 
Res. 95); as follows:

       On page 95, after line 21, insert the following:

     SEC. 3005A. COMMUNICATION SYSTEM GRANTS.

       (a) Definitions.--In this section--
       (1) the term ``demonstration project'' means the 
     demonstration project established under subsection (b)(1);
       (2) the term ``Department'' means the Department of 
     Homeland Security;
       (3) the term ``emergency response provider'' has the 
     meaning given that term in section 2(6) the Homeland Security 
     Act of 2002 (6 U.S.C. 101(6)); and
       (4) the term ``Secretary'' means the Secretary of Homeland 
     Security.
       (b) In General.--
       (1) Establishment.--There is established in the Department 
     an ``International Border Community Interoperable 
     Communications Demonstration Project''.
       (2) Minimum number of communities.--The Secretary shall 
     select not fewer than 2 communities to participate in a 
     demonstration project.
       (3) Location of communities.--Not fewer than 1 of the 
     communities selected under paragraph (2) shall be located on 
     the northern border of the United States and not fewer than 1 
     of the communities selected under paragraph (2) shall be 
     located on the southern border of the United States.
       (c) Project Requirements.--The demonstration projects 
     shall--
       (1) address the interoperable communications needs of 
     police officers, firefighters, emergency medical technicians, 
     National Guard, and other emergency response providers;
       (2) foster interoperable communications--
       (A) among Federal, State, local, and tribal government 
     agencies in the United States involved in preventing or 
     responding to terrorist attacks or other catastrophic events; 
     and
       (B) with similar agencies in Canada and Mexico;
       (3) identify common international cross-border frequencies 
     for communications equipment, including radio or computer 
     messaging equipment;
       (4) foster the standardization of interoperable 
     communications equipment;
       (5) identify solutions that will facilitate communications 
     interoperability across national borders expeditiously;
       (6) ensure that emergency response providers can 
     communicate with each another and the public at disaster 
     sites or in the event of a terrorist attack or other 
     catastrophic event;
       (7) provide training and equipment to enable emergency 
     response providers to deal with threats and contingencies in 
     a variety of environments; and
       (8) identify and secure appropriate joint-use equipment to 
     ensure communications access.
       (d) Distribution of Funds.--
       (1) In general.--The Secretary shall distribute funds under 
     this section to each community participating in a 
     demonstration project through the State, or States, in which 
     each community is located.
       (2) Other participants.--Not later than 60 days after 
     receiving funds under paragraph (1), a State receiving funds 
     under this section shall make the funds available to the 
     local governments and emergency response providers 
     participating in a demonstration project selected by the 
     Secretary.
       (e) Funding.--Amounts made available from the 
     interoperability fund under section 3005(c)(3) shall be 
     available to carry out this section without appropriation.
       (f) Reporting.--Not later than December 31, 2005, and each 
     year thereafter in which funds are appropriated for a 
     demonstration project, the Secretary shall provide to the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate and the Committee on Homeland Security of the 
     House of Representatives a report on the demonstration 
     projects under this section.
                                 ______
                                 
  SA 2418. Mr. GREGG (for Mr. Sununu (for himself, Mr. Durbin, Mr. 
Craig, Mr. Pryor, Mr. Isakson, Mr. Nelson of Nebraska, Mr. Thune, Mr. 
Kerry, and Mr. Chambliss)) proposed an amendment to the bill S. 1932, 
to provide for reconciliation pursuant to section 202(a) of the 
concurrent resolution on the budget for fiscal year 2006 (H. Con. Res. 
95); as follows:

       On page 90, between lines 19 and 20, insert the following:

                Subtitle D--Adaptive Housing Assistance

     SEC. 2031. SHORT TITLE.

       This subtitle may be cited as the ``Specially Adapted 
     Housing Grants Improvements Act of 2005''.

     SEC. 2032. ADAPTIVE HOUSING ASSISTANCE FOR DISABLED VETERANS 
                   RESIDING TEMPORARILY IN HOUSING OWNED BY A 
                   FAMILY MEMBER.

       (a) Assistance Authorized.--Chapter 21 of title 38, United 
     States Code, is amended by inserting after section 2102 the 
     following new section:

     ``Sec. 2102A. Assistance for veterans residing temporarily in 
       housing owned by a family member

       ``(a) Assistance Authorized.--If a disabled veteran 
     described in subsection (a)(2) or (b)(2) of section 2101 of 
     this title resides, but does not intend to permanently 
     reside, in a residence owned by a member of such veteran's 
     family, the Secretary may assist the veteran in acquiring 
     such adaptations to such residence as are determined by the 
     Secretary to be reasonably necessary because of the veteran's 
     disability.
       ``(b) Limitation on Amount of Assistance.--Subject to 
     section 2102(d) of this title, the assistance authorized 
     under subsection (a) may not exceed--
       ``(1) $10,000, in the case of a veteran described in 
     section 2101(a)(2) of this title; or
       ``(2) $2,000, in the case of a veteran described in section 
     2101(b)(2) of this title.
       ``(c) Limitation on Number of Residences Subject to 
     Assistance.--A veteran eligible for assistance authorized 
     under subsection (a) may only be provided such assistance 
     with respect to 1 residence.
       ``(d) Regulations.--Assistance under this section shall be 
     provided in accordance with such regulations as the Secretary 
     may prescribe.
       ``(e) Termination of Authority.--The authority to provide 
     assistance under subsection (a) shall expire at the end of 
     the 5-year period beginning on the date of enactment of the 
     Specially Adapted Housing Grants Improvements Act of 2005.''.
       (b) Limitations on Adaptive Housing Assistance.--Section 
     2102 of such title is amended--
       (1) in subsection (a), by striking ``The assistance 
     authorized by section 2101(a)'' and all that follows through 
     ``any one case--'' and inserting ``Subject to subsection (d), 
     the assistance authorized under section 2101(a) of this title 
     shall be afforded under 1 of 
     the following plans, at the election of the 
     veteran--'';
       (2) by amending subsection (b) to read as follows:
       ``(b) Subject to subsection (d), and except as provided in 
     section 2104(b) of this title, the assistance authorized by 
     section 2101(b)

[[Page S12369]]

     of this title may not exceed the actual cost, or in the case 
     of a veteran acquiring a residence already adapted with 
     special features, the fair market value, of the adaptations 
     determined by the Secretary under such section 2101(b) to be 
     reasonably necessary.''; and
       (3) by adding at the end the following new subsection:
       ``(d)(1) The aggregate amount of assistance available to a 
     veteran under sections 2101(a) and 2102A of this title shall 
     be limited to $50,000.
       ``(2) The aggregate amount of assistance available to a 
     veteran under sections 2101(b) and 2102A of this title shall 
     be limited to the lesser of--
       ``(A) the sum of the cost or fair market value described in 
     section 2102(b) of this title and the actual cost of 
     acquiring the adaptations described in subsection (a); and
       ``(B) $10,000.
       ``(3) No veteran may receive more than 3 grants of 
     assistance under this chapter.''.
       (c) Clerical Amendment.--The table of sections at the 
     beginning of such chapter of such title is amended by 
     inserting after the item relating to section 2102 the 
     following:

``2102A. Assistance for veterans residing temporarily in housing owned 
              by family member.''.

     SEC. 2033. GAO REPORTS.

       (a) Interim Report.--Not later than 3 years after the date 
     of enactment of this Act, the Comptroller General of the 
     United States shall submit to Congress an interim report on 
     the implementation of section 2102A of title 38, United 
     States Code (as added by section 2(a)), by the Department of 
     Veterans Affairs.
       (b) Final Report.--Not later than 5 years after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to Congress a final report on the 
     implementation of such section 2102A by the Department of 
     Veterans Affairs.
       On page 166, strike lines 12 through 15 and insert the 
     following:
       ``(A) for fiscal year 2006, $50,000,000;
       ``(B) for each of fiscal years 2007 and 2008, $49,000,000;
       ``(C) for each of fiscal years 2009 and 2010, $74,000,000; 
     and
       ``(D) for fiscal year 2011 and each fiscal year thereafter, 
     $75,000,000.
                                 ______
                                 
  SA 2419. Mr. SANTORUM (for himself, Mr. Bunning, Mr. Thomas, Mr. 
Voinovich, Mr. Lieberman, Mr. Dodd, Mr. Rockefeller, Ms. Landrieu, and 
Mr. Conrad) proposed an amendment to the bill S. 1932, to provide for 
reconciliation pursuant to section 202(a) of the concurrent resolution 
on the budget for fiscal year 2006 (H. Con. Res. 95); as follows:

       On page 368, between lines 5 and 6, insert the following:

     SEC. 6116. TECHNICAL CORRECTION REGARDING PURCHASE AGREEMENTS 
                   FOR POWER-DRIVEN WHEELCHAIRS.

       (a) In General.--Section 1834(a)(7)(A) (42 U.S.C. 
     1395m(a)(7)(A)), as amended by section 6109 of this Act, is 
     amended--
       (1) in clause (i)(I), by striking ``Payment'' and inserting 
     ``Except as provided in clause (iii), payment''; and
       (2) by adding at the end the following new clause:
       ``(iii) Purchase agreement option for power-driven 
     wheelchairs.--

       ``(I) In general.--In the case of a power-driven 
     wheelchair, at the time the supplier furnishes the item, the 
     supplier shall offer the individual the option to purchase 
     the item, and payment for such item shall be made on a lump-
     sum basis if the individual exercises such option.
       ``(II) Maintenance and servicing.--In the case of a power-
     driven wheelchair for which a purchase agreement has been 
     entered into under subclause (I), maintenance and servicing 
     payments shall, if the Secretary determines such payments are 
     reasonable and necessary, be made (for parts and labor not 
     covered by the supplier's or manufacturer's warranty, as 
     determined by the Secretary to be appropriate), and such 
     payments shall be in an amount determined to be appropriate 
     by the Secretary.''.

       (b) Effective Date.--The amendments made by subsection (a) 
     shall apply to items furnished on or after October 1, 2006.

     SEC. 6117. MEDICARE COVERAGE OF ULTRASOUND SCREENING FOR 
                   ABDOMINAL AORTIC ANEURYSMS; NATIONAL 
                   EDUCATIONAL AND INFORMATION CAMPAIGN.

       (a) In General.--Section 1861 (42 U.S.C. 1395x) is 
     amended--
       (1) in subsection (s)(2)--
       (A) by striking ``and'' at the end of subparagraph (Y);
       (B) by adding ``and'' at the end of subparagraph (Z); and
       (C) by adding at the end the following new subparagraph:
       ``(AA) ultrasound screening for abdominal aortic aneurysm 
     (as defined in subsection (bbb)) for an individual--
       ``(i) who receives a referral for such an ultrasound 
     screening as a result of an initial preventive physical 
     examination (as defined in section 1861(ww)(1));
       ``(ii) who has not been previously furnished such an 
     ultrasound screening under this title; and
       ``(iii) who--
       ``(I) has a family history of abdominal aortic aneurysm; or
       ``(II) manifests risk factors included in a beneficiary 
     category (not including categories related to age) 
     recommended for screening by the United States Preventive 
     Services Task Force regarding abdominal aortic aneurysms;''; 
     and
       (2) by adding at the end the following new subsection:

          ``Ultrasound Screening for Abdominal Aortic Aneurysm

       ``(bbb) The term `ultrasound screening for abdominal aortic 
     aneurysm' means--
       ``(1) a procedure using sound waves (or such other 
     procedures using alternative technologies, of commensurate 
     accuracy and cost, that the Secretary may specify) provided 
     for the early detection of abdominal aortic aneurysm; and
       ``(2) includes a physician's interpretation of the results 
     of the procedure.''.
       (b) Inclusion of Ultrasound Screening for Abdominal Aortic 
     Aneurysm in Screening Services for Which Education, 
     Counseling, and Referral Is Provided for Under Benefits for 
     Initial Preventive Physical Examination.--Section 1861(ww)(2) 
     (42 U.S.C. 1395x(ww)(2)) is amended by adding at the end the 
     following new subparagraph:
       ``(L) Ultrasound screening for abdominal aortic aneurysm as 
     defined in section 1861(bbb).''.
       (c) Payment for Ultrasound Screening for Abdominal Aortic 
     Aneurysm.--Section 1848(j)(3) (42 U.S.C. 1395w-4(j)(3)) is 
     amended by inserting ``(2)(AA),'' after ``(2)(W),''.
       (d) Frequency and Quality Standards.--Section 1862(a)(1) 
     (42 U.S.C. 1395y(a)(1)) is amended--
       (1) by striking ``and'' at the end of subparagraph (L);
       (2) by striking the semicolon at the end of subparagraph 
     (M) and inserting ``, and''; and
       (3) by adding at the end the following new subparagraph:
       ``(N) in the case of ultrasound screening for abdominal 
     aortic aneurysm--
       ``(i) which is performed more frequently than is provided 
     for under section 1861(s)(2)(AA); or
       ``(ii) which is performed by an individual or diagnostic 
     laboratory that does not meet quality assurance standards 
     that the Secretary, in consultation with national medical, 
     vascular technologist and sonographer societies, shall 
     establish, including with respect to individuals performing 
     ultrasound screening for abdominal aortic aneurysm (other 
     than physicians) and diagnostic laboratories, that the 
     individual or laboratory is certified by the appropriate 
     State licensing or certification agency or, in the case of a 
     service performed in a State that does not license or certify 
     such individuals or laboratories, by a national certification 
     or accreditation organization recognized by the Secretary;''.
       (e) Non-Application of Part B Deductible.--Section 1833(b) 
     (42 U.S.C. 1395l(b)) is amended in the first sentence--
       (1) by striking ``and (6)'' and inserting ``(6)''; and
       (2) by inserting ``, and (7) such deductible shall not 
     apply with respect to ultrasound screening for abdominal 
     aortic aneurysm (as defined in section 1861(bbb))'' before 
     the period at the end.
       (f) National Educational and Information Campaign.--
       (1) In general.--After consultation with national medical, 
     vascular technologist, and sonographer societies, the 
     Secretary of Health and Human Services shall carry out a 
     national education and information campaign to promote 
     awareness among health care practitioners and the general 
     public with respect to the importance of early detection and 
     treatment of abdominal aortic aneurysms.
       (2) Use of funds.--The Secretary may use amounts 
     appropriated pursuant to this subsection to make grants to 
     national medical, vascular technologist, and sonographer 
     societies (in accordance with procedures and criteria 
     specified by the Secretary) to enable them to educate 
     practitioners and providers about matters relating to such 
     aneurysms.
       (3) Authorization of Appropriations.--There is authorized 
     to be appropriated for fiscal year 2006 and each fiscal year 
     thereafter such sums as may be necessary to carry out this 
     subsection.
       (g) Effective Date.--The amendments made by this section 
     shall apply to ultrasound screenings for abdominal aortic 
     aneurysm performed on or after January 1, 2007.

     SEC. 6118. IMPROVING PATIENT ACCESS TO, AND UTILIZATION OF, 
                   COLORECTAL CANCER SCREENING UNDER MEDICARE.

       (a) Increase in part B reimbursement for colorectal cancer 
     screening and diagnostic tests.--
       (1) In general.--Section 1834(d) (42 U.S.C. 1395m(d)) is 
     amended by adding at the end the following new paragraph:
       ``(4) Enhanced part b payment for colorectal cancer 
     screening and diagnostic tests.--
       ``(A) Nonfacility rates.--Notwithstanding paragraphs (2)(A) 
     and (3)(A), the Secretary shall establish national minimum 
     payment amounts for CPT codes 45378, 45380, and 45385, and 
     HCPCS codes G0105 and GO121 for items and services furnished 
     on or after January 1, 2007, which reflect a 5-percent 
     increase above the relative value units in effect as the 
     nonfacility rates for such codes on December 31, 2006, with 
     such revised payment level to apply to items and services 
     performed in a nonfacility setting.
       ``(B) Facility rates.--Notwithstanding paragraphs (2)(A) 
     and (3)(A), the Secretary shall establish national minimum 
     payment amounts for CPT codes 45378, 45380, and 45385,

[[Page S12370]]

     and HCPCS codes G0105 and GO121 for items and services 
     furnished on or after January 1, 2007, which reflect a 5-
     percent increase above the relative value units in effect as 
     the facility rates for such codes on December 31, 2006, with 
     such revised payment level to apply to items and services 
     performed in a facility setting.
       ``(C) Annual adjustments.--In the case of items and 
     services furnished on or after January 1, 2007, the payment 
     rates described in subparagraphs (A) and (B) shall, subject 
     to the minimum payment amounts established in such 
     subparagraphs, be adjusted annually as provided in section 
     1848.''.
       (2) No effect on hopd payments.--The Secretary shall not 
     take into account the provisions of section 1834(d)(4) of the 
     Social Security Act, as added by subsection (a), in 
     determining the amount of payment for any covered OPD service 
     under the prospective payment system for hospitals outpatient 
     department services under section 1833(t) of such Act (42 
     U.S.C. 1395l(t)).
       (b) Medicare Coverage of Office Visit or Consultation Prior 
     to a Screening Colonoscopy or in Conjunction With a 
     Beneficiary's Decision to Obtain Such a Screening.--
       (1) Coverage.--Section 1861(s)(2) (42 U.S.C. 1395x(s)(2)), 
     as amended by section 6117, is amended--
       (A) in subparagraph (Z), by striking ``and'' at the end;
       (B) in subparagraph (AA), by inserting ``and'' at the end; 
     and
       (C) by adding at the end the following new subparagraph:
       ``(BB) an outpatient office visit or consultation for the 
     purpose of beneficiary education, assuring selection of the 
     proper screening test, and securing information relating to 
     the procedure and sedation of the beneficiary, prior to a 
     colorectal cancer screening test consisting of a screening 
     colonoscopy or in conjunction with the beneficiary's decision 
     to obtain such a screening, regardless of whether such 
     screening is medically indicated with respect to the 
     beneficiary;''.
       (2) Payment.--
       (A) In general.--Section 1833(a)(1) (42 U.S.C. 1395l(a)(1)) 
     is amended--
       (i) by striking ``and'' before ``(V)''; and
       (ii) by inserting before the semicolon at the end the 
     following: ``, and (W) with respect to an outpatient office 
     visit or consultation under section 1861(s)(2)(BB), the 
     amounts paid shall be 80 percent of the lesser of the actual 
     charge or the amount established under section 1848''.
       (B) Payment under physician fee schedule.--Section 
     1848(j)(3) (42 U.S.C. 1395w-4(j)(3)), as amended by section 
     6117, is amended by inserting ``(2)(BB),'' after 
     ``(2)(AA),''.
       (C) Requirement for establishment of payment amount under 
     physician fee schedule.--Section 1834(d) (42 U.S.C. 
     1395m(d)), as amended by subsection (a), is amended by adding 
     at the end the following new paragraph:
       ``(5) Payment for outpatient office visit or consultation 
     prior to screening colonoscopy.--With respect to an 
     outpatient office visit or consultation under section 
     1861(s)(2)(BB), payment under section 1848 shall be 
     consistent with the payment amounts for CPT codes 99203 and 
     99243.''.
       (3) Effective date.--The amendments made by this subsection 
     shall apply to items and services provided on or after 
     January 1, 2007.
       (c) Waiver of Deductible for Colorectal Cancer Screening 
     Tests.--
       (1) In general.--Section 1833(b) (42 U.S.C. 1395l(b)), as 
     amended by section 6117, is amended in the first sentence--
       (A) by striking ``and'' before ``(7)''; and
       (B) by inserting before the period at the end the 
     following: ``, and (8) such deductible shall not apply with 
     respect to colorectal cancer screening tests (as described in 
     section 1861(pp)(1))''.
       (2) Conforming amendments.--Paragraphs (2)(C)(ii) and 
     (3)(C)(ii) of section 1834(d) (42 U.S.C. 1395m(d)) are each 
     amended--
       (A) by striking ``deductible and'' in the heading; and
       (B) in subclause (I), by striking ``deductible or'' each 
     place it appears.
       (3) Effective date.--The amendments made by this subsection 
     shall apply to items and services furnished on or after 
     January 1, 2007.

     SEC. 6119. COVERAGE OF MARRIAGE AND FAMILY THERAPIST SERVICES 
                   AND MENTAL HEALTH COUNSELOR SERVICES UNDER PART 
                   B OF THE MEDICARE PROGRAM.

       (a) Coverage of Services.--
       (1) In general.--Section 1861(s)(2) (42 U.S.C. 
     1395x(s)(2)), as amended by section 6118(b), is amended--
       (A) in subparagraph (AA), by striking ``and'' after the 
     semicolon at the end;
       (B) in subparagraph (BB), by inserting ``and'' after the 
     semicolon at the end; and
       (C) by adding at the end the following new subparagraph:
       ``(CC) marriage and family therapist services (as defined 
     in subsection (ccc)(1)) and mental health counselor services 
     (as defined in subsection (ccc)(3));''.
       (2) Definitions.--Section 1861 (42 U.S.C. 1395x), as 
     amended by section 6117, is amended by adding at the end the 
     following new subsection:

     ``Marriage and Family Therapist Services; Marriage and Family 
  Therapist; Mental Health Counselor Services; Mental Health Counselor

       ``(ccc)(1) The term `marriage and family therapist 
     services' means services performed by a marriage and family 
     therapist (as defined in paragraph (2)) for the diagnosis and 
     treatment of mental illnesses, which the marriage and family 
     therapist is legally authorized to perform under State law 
     (or the State regulatory mechanism provided by State law) of 
     the State in which such services are performed, as would 
     otherwise be covered if furnished by a physician or as an 
     incident to a physician's professional service, but only if 
     no facility or other provider charges or is paid any amounts 
     with respect to the furnishing of such services.
       ``(2) The term `marriage and family therapist' means an 
     individual who--
       ``(A) possesses a master's or doctoral degree which 
     qualifies for licensure or certification as a marriage and 
     family therapist pursuant to State law;
       ``(B) after obtaining such degree has performed at least 2 
     years of clinical supervised experience in marriage and 
     family therapy; and
       ``(C) in the case of an individual performing services in a 
     State that provides for licensure or certification of 
     marriage and family therapists, is licensed or certified as a 
     marriage and family therapist in such State.
       ``(3) The term `mental health counselor services' means 
     services performed by a mental health counselor (as defined 
     in paragraph (4)) for the diagnosis and treatment of mental 
     illnesses which the mental health counselor is legally 
     authorized to perform under State law (or the State 
     regulatory mechanism provided by the State law) of the State 
     in which such services are performed, as would otherwise be 
     covered if furnished by a physician or as incident to a 
     physician's professional service, but only if no facility or 
     other provider charges or is paid any amounts with respect to 
     the furnishing of such services.
       ``(4) The term `mental health counselor' means an 
     individual who--
       ``(A) possesses a master's or doctor's degree in mental 
     health counseling or a related field;
       ``(B) after obtaining such a degree has performed at least 
     2 years of supervised mental health counselor practice; and
       ``(C) in the case of an individual performing services in a 
     State that provides for licensure or certification of mental 
     health counselors or professional counselors, is licensed or 
     certified as a mental health counselor or professional 
     counselor in such State.''.
       (3) Provision for payment under part b.--Section 
     1832(a)(2)(B) (42 U.S.C. 1395k(a)(2)(B)) is amended by adding 
     at the end the following new clause:
       ``(v) marriage and family therapist services and mental 
     health counselor services;''.
       (4) Amount of payment.--Section 1833(a)(1) (42 U.S.C. 
     1395l(a)(1)), as amended by section 6118, is amended--
       (A) by striking ``and (W)'' and inserting ``(W)''; and
       (B) by inserting before the semicolon at the end the 
     following: ``, and (X) with respect to marriage and family 
     therapist services and mental health counselor services under 
     section 1861(s)(2)(CC), the amounts paid shall be 80 percent 
     of the lesser of the actual charge for the services or 75 
     percent of the amount determined for payment of a 
     psychologist under subparagraph (L)''.
       (5) Exclusion of marriage and family therapist services and 
     mental health counselor services from skilled nursing 
     facility prospective payment system.--Section 
     1888(e)(2)(A)(ii) (42 U.S.C. 1395yy(e)(2)(A)(ii)) is amended 
     by inserting ``marriage and family therapist services (as 
     defined in section 1861(ccc)(1)), mental health counselor 
     services (as defined in section 1861(ccc)(3)),'' after 
     ``qualified psychologist services,''.
       (6) Inclusion of marriage and family therapists and mental 
     health counselors as practitioners for assignment of 
     claims.--Section 1842(b)(18)(C) (42 U.S.C. 1395u(b)(18)(C)) 
     is amended by adding at the end the following new clauses:
       ``(vii) A marriage and family therapist (as defined in 
     section 1861(ccc)(2)).
       ``(viii) A mental health counselor (as defined in section 
     1861(ccc)(4)).''.
       (b) Coverage of Certain Mental Health Services Provided in 
     Certain Settings.--
       (1) Rural health clinics and federally qualified health 
     centers.--Section 1861(aa)(1)(B) (42 U.S.C. 1395x(aa)(1)(B)) 
     is amended by striking ``or by a clinical social worker (as 
     defined in subsection (hh)(1)),'' and inserting ``, by a 
     clinical social worker (as defined in subsection (hh)(1)), by 
     a marriage and family therapist (as defined in subsection 
     (ccc)(2)), or by a mental health counselor (as defined in 
     subsection (ccc)(4)),''.
       (2) Hospice programs.--Section 1861(dd)(2)(B)(i)(III) (42 
     U.S.C. 1395x(dd)(2)(B)(i)(III)) is amended by inserting ``or 
     one marriage and family therapist (as defined in subsection 
     (bbb)(2))'' after ``social worker''.
       (c) Effective Date.--The amendments made by this section 
     shall apply with respect to services furnished on or after 
     January 1, 2007.
                                 ______
                                 
  SA 2420. Mr. GREGG (for Mr. Sununu) proposed an amendment to the bill 
S. 1932, to provide for reconciliation pursuant to section 202(a) of 
the concurrent resolution on the budget for fiscal year 2006 (H. Con. 
Res. 95); as follows:


[[Page S12371]]


       On page 94, line 7, after ``(1)'' insert ``not to exceed''.
       On page 94, line 13, after ``(2)'' insert ``not to 
     exceed''.
       On page 94, line 19, after ``(3)'' insert ``not to 
     exceed''.
       On page 95, line 1, after ``(4)'' insert ``not to exceed''.
       On page 95, line 4, after ``(5)'' insert ``not to exceed''.
       On page 95, beginning in line 10, strike ``The amounts 
     payable'' and insert ``Any amounts that are to be paid''.
       On page 95, line 12, after the period insert ``Any amount 
     in the Fund that is not obligated under subsection (c) by 
     that date shall be transferred to the general fund of the 
     Treasury.''.
                                 ______
                                 
  SA 2421. Mr. BURNS (for himself and Mr. Brownback) submitted an 
amendment intended to be proposed by him to the bill S. 1932, to 
provide for reconciliation pursuant to section 202(a) of the concurrent 
resolution on the budget for fiscal year 2006 (H. Con. Res. 95); which 
was ordered to lie on the table; as follows:

       On page 122, strike line 23 and all that follows through 
     page 124, line 10, and insert the following:
       (3) Effective date.--The amendments made by this subsection 
     take effect with respect to a State on the date on which a 
     positive certification is made by the Secretary under 
     paragraph (4)(B)(ii).
       (4) Pharmacy reimbursement study.--
       (A) Study and report.--
       (i) Study.--The Secretary shall conduct a pharmacy 
     reimbursement study comparing weighted AMP (as determined 
     under section 1927(k)(1)(C) of the Social Security Act, as 
     added by subsection (a)) to actual retail pharmacy 
     acquisition costs and the cost of dispensing a prescription. 
     The study shall include an analysis of the range in variation 
     that can occur related to acquisition and dispensing costs 
     with respect to chain and independent rural and urban 
     pharmacies.
       (ii) Report.--Not later than October 1, 2006, the Secretary 
     shall submit a report to Congress on the results of the study 
     conducted under this subparagraph that includes 
     recommendations on dispensing fee levels that would 
     adequately reimburse pharmacies and encourage the use of 
     cost-effective generic drugs when appropriate.
       (B) Certification.--
       (i) Determination.--Upon review of the findings of the 
     study conducted under subparagraph (A), the Secretary shall 
     make a determination as to whether the amendments made by 
     this subsection would have a negative impact on access to 
     healthcare.
       (ii) Positive certification.--If the Secretary makes a 
     determination under clause (i) that the amendments made by 
     this subsection will not have such negative impact, the 
     Secretary shall submit a positive certification to that 
     effect.
       (c) Interim Upper Payment Limit.--
       (1) In general.--With respect to a State program under 
     title XIX of the Social Security Act, during the period that 
     begins on January 1, 2006, and ends on the date on which a 
     positive certification is made by the Secretary under 
     subsection (b)(4)(B)(ii), the Secretary shall--
       (A) apply the Federal upper payment limit established under 
     section 447.332(b) of title 42, Code of Federal Regulations 
     to the State by substituting ``125 percent'' for ``150 
     percent''; and
       (B) in the case of covered outpatient drugs under title XIX 
     of such Act that are marketed as of July 1, 2005, and are 
     subject to Federal upper payment limits that apply under 
     section 447.332 of title 42, Code of Federal Regulations, use 
     average wholesale prices, direct prices, and wholesale 
     acquisition costs for such drugs that do not exceed such 
     prices and costs as of such date to determine the Federal 
     upper payment limits that apply under section 447.332 of 
     title 42, Code of Federal Regulations to such drugs during 
     such period.
       (2) Application to new drugs.--Paragraph (1)(A) shall apply 
     to a covered outpatient drug under title XIX of the Social 
     Security Act that is first marketed after July 1, 2005, but 
     before the date on which a positive certification is made by 
     the Secretary under subsection (b)(4)(B)(ii), and is subject 
     to the Federal upper payment limit established under section 
     447.332(b) of title 42, Code of Federal Regulations.
                                 ______
                                 
  SA 2422. Mr. CONRAD (for himself and Mr. Salazar) proposed an 
amendment to the bill S. 1932, to provide for reconciliation pursuant 
to section 202(a) of the concurrent resolution on the budget for fiscal 
year 2006 (H. Con. Res. 95); as follows:

       On page 121, after line 25, add the following:
       ``(5) Rules applicable to critical access retail 
     pharmacies.--
       ``(A) Reimbursement limits.--Notwithstanding paragraph 
     (2)(A), in the case of a critical access retail pharmacy (as 
     defined in subparagraph (C)), the upper payment limit--
       ``(i) for the ingredient cost of a single source drug, is 
     the lesser of--

       ``(I) 108 percent of the average manufacturer price for the 
     drug; or
       ``(II) the wholesale acquisition cost for the drug; and

       ``(ii) for the ingredient cost of a multiple source drug, 
     is the lesser of--

       ``(II) 140 percent of the weighted average manufacturer 
     price for the drug; or
       ``(II) the wholesale acquisition cost for the drug.

       ``(B) Application of other provisions.--The preceding 
     provisions of this subsection shall apply with respect to 
     reimbursement to a critical access retail pharmacy in the 
     same manner as such provisions apply to reimbursement to 
     other retail pharmacies except that, in establishing the 
     dispensing fee for a critical access pharmacy the Secretary, 
     in addition to the factors required under paragraph (4), 
     shall include consideration of the costs associated with 
     operating a critical access retail pharmacy.
       ``(C) Critical access retail pharmacy defined.--For 
     purposes of subparagraph (A), the term `critical access 
     retail pharmacy' means an retail pharmacy that is not within 
     a 20-mile radius of another retail pharmacy.''.
       (2) Increase in basic rebate for single source drugs and 
     innovator multiple source drugs.--Section 
     1927(c)(1)(B)(i)(VI) (42 U.S.C. 1396r-8(c)(1)(B)(i)(VI), as 
     added by section 6002(a)(3), is amended by striking ``17'' 
     and inserting ``18.1''.

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