[Congressional Record Volume 151, Number 167 (Wednesday, December 21, 2005)]
[Senate]
[Pages S14318-S14334]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. DURBIN (for himself and Mr. Obama):
S. 2156. A bill to designate the facility of the United States Postal
Service located at 332 South Main Street in Flora, Illinois, as the
``Robert T. Ferguson Post Office Building.''; to the Committee on
Homeland Security and Governmental Affairs.
Mr. DURBIN. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 2156
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. ROBERT T. FERGUSON POST OFFICE BUILDING.
(a) Designation.--The facility of the United States Postal
Service located at 332 South Main Street in Flora, Illinois,
shall be known and designated as the ``Robert T. Ferguson
Post Office Building''.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
facility referred to in subsection (a) shall be deemed to be
a reference to the ``Robert T. Ferguson Post Office
Building''.
Mr. DURBIN. Mr. President, today I am pleased to introduce
legislation to designate the U.S. Post Office at 332 South Main Street
in Flora, Illinois as the ``Robert T. Ferguson Post Office Building''.
Mr. Ferguson was a distinguished public servant who began his postal
career at the Harvey, Illinois Post Office, where he worked as a city
carrier from 1954 to 1957. He then moved to the Flora, Illinois Post
Office where he worked his way up from clerk/carrier to Assistant
Postmaster to Postmaster in 1986. During the final three years of his
career before he retired in 1988, Robert Ferguson served as Postmaster
in Collinsville, Illinois.
In recognition of his hard work and dedication, Mr. Ferguson received
five Outstanding Superior Accomplishment Awards and qualified as a
Postmaster Trainer on October 1, 1976. He worked tirelessly on behalf
of postal workers and traveled throughout Southern Illinois training
newly appointed Postmasters. He was well liked by his colleagues who
knew they had a leader they could trust.
In addition to his active professional life, Robert Ferguson found
time to serve his community. As President of the Clay County Shrine
Club in 1992, he organized events to raise thousands of dollars for the
Shriner's Hospital for Children. In 1996, he raised money to assist a
local family after a storm destroyed their mobile home. In 2002, Mr.
Ferguson created a Hospital Directory for Southern Illinois, which aid
local citizens by providing phone numbers and addresses of local
hospitals.
In 1996, the Flora Chamber of Commerce named Robert Ferguson the
``Outstanding Citizen of Flora''.
Mr. President, post offices are often designated in honor of
individuals who have made valuable contributions to their community,
State, and country. I can think of no more fitting way to permanently
and publicly recognize Robert Ferguson's work than to name the Flora,
Illinois post office in his honor. It would be a most appropriate way
to commemorate his exemplary service to the Flora community and to
postal workers and patrons throughout Southern Illinois.
______
By Mrs. BOXER:
[[Page S14319]]
S. 2157. A bill to amend title 10, United States Code, to provide for
the Purple Heart to be awarded to prisoners of war who die in captivity
under circumstances not otherwise establishing eligibility for the
Purple Heart; to the Committee on Armed Services.
Mrs. BOXER. Mr. President, I am pleased to introduce legislation
today to provide for the Purple Heart to be awarded to all prisoners of
war who die in captivity, regardless of the cause of death. The ``Honor
Our Fallen Prisoners of War Act'' was previously introduced by
Representative Bob Filner in the House of Representatives. I am proud
to join him in this effort.
The ``Honor Our Fallen Prisoners of War Act'' would make members of
the Armed Forces who die in captivity of any circumstance eligible for
the Purple Heart. Currently, only prisoners of war who die during their
imprisonment of wounds inflicted by an instrument of war are eligible
for posthumous Purple Heart recognition. Those who die of starvation,
disease, abuse, or other causes during captivity are not.
I believe this is an injustice to the thousands of POWs who paid the
ultimate price in service to our Nation. The purpose of the Purple
Heart is to honor those who are killed or wounded in action as the
result of an act of an enemy of the United States. It makes no sense
that prisoner of war camps--where thousands of Americans have been held
against their will and have endured great suffering at the hands of
enemy forces--are not considered a battlefield.
The legislation is retro-active to December 7, 1941 and would
therefore include all POWs who have died in captivity since World War
II.
The ``Honor Our Fallen Prisoners of War Act'' has been endorsed by
the Tiger Survivors, Veterans of Foreign Wars, Military Order of the
Purple Heart, Korean War Veterans Association, National League of POW/
MIA Families, and a number of other prominent veterans organizations.
I urge my colleagues to support this important legislation.
______
By Mr. LIEBERMAN (for himself and Ms. Collins):
S. 2158. A bill to establish a National Homeland Security Academy
within the Department of Homeland Security; to the Committee on
Homeland Security and Governmental Affairs.
Mr. LIEBERMAN. Mr. President, I am pleased to introduce today the
National Homeland Security Academy Act of 2005. I am delighted that
Chairman Collins has joined me in sponsoring this legislation.
Shortly after the Homeland Security Department was formed in 2003, I
laid out my vision for what the country needed to do to protect against
another terrorist attack, or major natural disaster, in a speech at
George Washington University. Among the areas I identified as in need
of additional work was the training of those who agreed to commit
themselves to the protection of Americans here at home. At the time, I
said we needed to make sure homeland security professionals were given
the full range of skills necessary to make this country as safe as it
should be and I proposed a National Homeland Security Academy to
educate and train the best and brightest of our future leaders.
The bill Senator Collins and I are introducing today, the National
Homeland Security Academy Act of 2005, is the fulfillment of that idea.
It was clear to me as I was working to create a Department of
Homeland Security that we would need to find a way to make sure
Department professionals, as well as the State and local officials with
whom they work, understand the full scope and range of responsibilities
entrusted to the Department--not just the details of their own
particular jobs. This academy would accomplish that. It would cultivate
leaders, teach the full range of skills necessary for robust homeland
security, and provide cross-disciplinary and joint education and
training to government officials at the Federal, State and local levels
so that they can develop the bonds and relationships that will make
their work more efficient and effective.
The National Homeland Security Academy Act of 2005 is the product of
my work with the Chairman of the Homeland Security and Governmental
Affairs Committee, Senator Collins, as well as homeland security
experts, scholars, and education and professional development experts.
Together, we have refined the concept of homeland security education
and training to meet the Department's needs today and into the future.
The academy I envision would be a professional development
institution, much like the War College created by the Department of
Defense to provide its leaders with a deep and thorough understanding
of military and defense matters. The National Homeland Security Academy
would ensure that new and mid-level executive employees at the
Department of Homeland Security--as well as other Federal, State, and
local leaders with homeland security responsibilities--have a thorough
understanding of the strategic missions of the Department, as well
access to hands-on training exercises, and real-time simulation.
Four months ago, Hurricane Katrina reminded us in no uncertain terms
that our homeland security workers at all levels still have much to
learn. How and when to share critical information? What does it mean to
activate the National Response Plan? Who is responsible for which
emergency response mission? These are the types of questions we on the
Homeland Security and Governmental Affairs Committee have been hearing
as we investigate why the preparedness for and response to the
hurricane was so lacking. The National Homeland Security Academy would
provide answers to these and many more questions and ensure homeland
security officials are better equipped to respond to the next disaster.
The centerpiece of the Academy would be the National Homeland
Security Education and Strategy Center, where Federal homeland security
officials would receive initial and continuing homeland security
education. The Academy would also incorporate the Center for Homeland
Defense and Security run by the Naval Postgraduate School at the
Direction of the Office of State and Local Government Coordination and
Preparedness. In addition, the bill establishes a National Homeland
Security Education Network comprised of the academies and training
centers within the jurisdiction of DHS--like the Federal Law
Enforcement Training Center--as well as a communications network
capable of providing distance learning opportunities.
It also creates a new State and Local Education and Training
Coordinator within the Office of State and Local Government
Coordination and Preparedness to address one of the most frequent
criticisms local first responders have with the Department of Homeland
Security, and that is the fact that many people in the Department seem
to be unaware of or unwilling to make use of excellent state and local
education and training programs. A liaison officer would rectify that.
This bill does not change the system for first responder training.
Local first responders will continue to work with the Office of State
and Local Government Coordination and Preparedness to ensure they have
the necessary training to deal with the situations they face everyday.
But we believe that bringing people together from all levels of
government to study homeland security issues from different
perspectives would be healthy. And we do think that homeland security
will benefit overall from the relationships that would inevitably form
between officials at every level and from every corner of the country.
The National Homeland Security Act of 2005 addresses a deficiency in
the education and training of our homeland security professionals by
helping to foster connected, experienced, and knowledgeable homeland
security leaders who will be able to provide the best possible
protection for the American people. I look forward to working with
Chairman Collins in the next session to mark up this bill and make it
law.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 2158
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Homeland Security
Academy Act of 2005''.
[[Page S14320]]
SEC. 2. FINDINGS.
Congress finds that--
(1) homeland security poses a complex challenge for the
Nation that can only be successfully addressed by the
combined effort of Federal, State, and local governments and
the private sector;
(2) the United States fields a dedicated workforce to
provide homeland security, but lacks a coordinated homeland
security education system that links a strategy-based
education with hands on training and real time simulation,
and fails to make such a system available to the appropriate
government and private sector personnel on a wide scale;
(3) officials at all levels of government should understand
the strategic mission of the Department of Homeland Security,
and have access to continuing education and hands-on training
exercises;
(4) the development of a program of professional education
and training that links strategy and training, and
coordinates current training among the many academies and
training facilities that fall under the jurisdiction of the
Department of Homeland Security, is essential to meeting the
goals and intent of the Homeland Security Act of 2002;
(5) lessons learned from the Department of Homeland
Security's Top Official Exercises (TOPOFF), and the tragedy
of Hurricane Katrina, demonstrate there is a need to build up
institutional knowledge within the Department and cultivate
leaders capable of guiding the Department and the Nation when
catastrophic incidents occur;
(6) modern information technologies provide uniquely
powerful tools for ensuring that material is presented in a
way that facilitates rapid and effective learning for a
diverse student body, material being taught is continuously
upgraded and reviewed, and training is available anytime and
anywhere it is needed; and
(7) as the Homeland Security Act of 2002 brought together a
number of Federal agencies with specific and often nonrelated
functions to form a single department, the National Homeland
Security Academy will draw upon the expertise of a variety of
existing academic institutions and innovative programs to
educate our homeland security workforce.
SEC. 3. ESTABLISHMENT OF NATIONAL HOMELAND SECURITY ACADEMY.
(a) In General.--Title VIII of the Homeland Security Act of
2002 (6 U.S.C. 361 et seq.) is amended by adding after
section 801 the following:
``SEC. 802. NATIONAL HOMELAND SECURITY ACADEMY.
``(a) Establishment.--
``(1) In general.--The Secretary--
``(A) shall establish the National Homeland Security
Academy (referred to in this section as the `Academy') within
the Office of State and Local Government Coordination and
Preparedness of the Department; and
``(B) may enter into cooperative agreements with other
agencies or entities to utilize space and provide for the
lease of real property for the Academy or any component of
the Academy.
``(2) Composition.--The Academy shall consist of--
``(A) the National Homeland Security Education and Strategy
Center (referred to in this section as the `Strategy Center')
to provide fundamental instruction and develop a homeland
security curriculum focusing primarily on the Federal
Government's overall strategy, goals, methods, and
techniques;
``(B) a communications network capable of delivering
distance learning opportunities, at the direction of the
Strategy Center;
``(C) the programs of the Office of State and Local
Government Coordination and Preparedness' Center for Homeland
Defense and Security located at the Naval Postgraduate
School, and such programs shall be incorporated into the
Academy in a manner to be determined by the Secretary; and
``(D) the National Homeland Security Education Network,
which--
``(i) shall be composed of representatives from all of the
academies and training centers within the jurisdiction of the
Department;
``(ii) shall work with the Academy to develop a
standardized homeland security curriculum to be incorporated,
as appropriate, at each academy and training center to ensure
that the focus of the individual centers is coordinated with
the centralized educational strategies and goals of the
Academy; and
``(iii) shall not affect the respective missions and goals
of the participating academies and training centers.
``(3) Mission.--The mission of the Academy shall be to--
``(A) establish an educational system to--
``(i) cultivate leaders in homeland security; and
``(ii) ensure that Federal, State, local, tribal, and
private sector officials get the full range of skills needed
to provide robust homeland security;
``(B) provide strategic education and training to carry out
the missions of the Department of Homeland Security;
``(C) provide cross-disciplinary and joint education and
training to Federal, State, and local government officials
responsible for the direct application and execution of vital
homeland security missions; and
``(D) focus primarily on shorter-term classes and exercises
to maximize participation by the homeland security community.
``(4) Enrollment target.--
``(A) In general.--The Strategy Center shall have an
initial annual enrollment target of 1,000 resident students,
as described in subsection (b)(3)(A).
``(B) Non-resident students.--The enrollment target under
subparagraph (A) does not include non-resident students,
including students who participate in electronic learning
systems.
``(5) Responsibilities.--
``(A) In general.--In addition to providing traditional
course work and hands-on training exercises, the Academy
shall encourage the development and use of modern technology
to ensure that the training offered at the Academy, and to
organizations and individuals receiving instruction over
electronic learning systems--
``(i) is tailored to the unique needs of the individuals
and groups that need training;
``(ii) efficiently uses such technology; and
``(iii) translates directly into practical skills.
``(B) Instructional materials.--The Academy shall develop
instructional requirements for courses related to its mission
that are supported with materials that are adequately
reviewed and continuously updated.
``(C) Certification.--
``(i) In general.--The Academy may establish certification
criteria for students in areas related to its mission, in
consultation with the Network established under subsection
(e).
``(ii) Recertification.--The criteria established under
clause (i) shall include requirements for recertification and
ensure the availability of needed assessment tools.
``(D) Information repository.--The Academy shall provide a
repository of approved instructional materials, instructional
software, and other materials that are easily accessible by
participants.
``(E) Communication networks.--The Academy shall certify,
and operate, if necessary, a secure, reliable communication
system capable of delivering instructional materials to
participants at any time and place.
``(F) Instruction and expertise.--The Academy shall certify
instructors, experts, counselors, and other individuals who
can provide answers and advice to students over communication
systems.
``(6) Strategy center.--
``(A) Responsibilities.--The Strategy Center shall--
``(i) provide curriculum development and classroom
instruction for resident students that focus on the strategic
goals, methods, and techniques for homeland security;
``(ii) provide instruction--
``(I) primarily to Federal employees described under
subsection (b)(3)(A) with homeland security responsibilities;
and
``(II) to small numbers of State and local government
officials and private individuals; and
``(iii) direct the operation of the Academy's electronic
learning systems.
``(B) Curriculum.--The curriculum taught at the Strategy
Center shall--
``(i) include basic education about homeland security, the
Department, and the relationship of the directorates within
the Department;
``(ii) include the relationship between the Department and
other Federal, State, and local agencies with homeland
security responsibilities; and
``(iii) be developed with assistance from the National
Homeland Security Education Network.
``(b) Administration.--
``(1) Executive director.--The Secretary shall appoint an
Executive Director for the Academy, who shall--
``(A) administer the operations of the Academy;
``(B) establish an Academic Board, to be headed by the Dean
of the Academic Board, appointed under paragraph (2);
``(C) hire initial staff and faculty, as appropriate and
necessary;
``(D) contract with practitioners and experts, as
appropriate, to supplement academic instruction;
``(E) make recommendations to the Secretary regarding long-
term staffing and funding levels for the Academy; and
``(F) report to the Executive Director of the Office of
State and Local Government Coordination and Preparedness.
``(2) Dean of the academic board.--The Executive Director
shall appoint, with the approval of the Secretary, a
permanent professor to serve as Dean of the Academic Board
and perform such duties as the Executive Director may
prescribe.
``(3) Director of admissions.--The Executive Director shall
appoint, with the approval of the Secretary, a Director of
Admissions, who shall--
``(A) grant admission to the Strategy Center to--
``(i) new employees of the Department, who have clear
homeland security responsibilities;
``(ii) mid-level executive employees of the Department,
including employees that receive academy or other training,
who demonstrate a need for cross-disciplinary or advanced
education and training and have been endorsed by the
appropriate Under Secretary;
``(iii) other Federal employees with homeland security
responsibilities who have been endorsed by the head of their
agency;
``(iv) State and local employees who--
``(I) demonstrate a clear responsibility for providing
homeland security; and
[[Page S14321]]
``(II) possess the nomination of the Governor of their
State, or Head of applicable jurisdiction; and
``(v) private sector applicants who demonstrate a clear
responsibility for providing homeland security;
``(B) ensure that students from each level of government
and the private sector are included in all programs and
classes, whenever appropriate; and
``(C) perform such duties as the Executive Director may
prescribe.
``(c) Board of Visitors.--
``(1) Establishment.--Before the Academy admits any
students, the Secretary shall establish a Board of Visitors
(in this section referred to as the `Board') to--
``(A) assist in the development of curriculum and programs
at the Academy; and
``(B) recommend the site for the location of the Strategy
Center.
``(2) Membership.--
``(A) Composition.--The Board will be composed of--
``(i) the Secretary, or designee, who shall serve as chair;
``(ii) the Executive Director of the Academy, or designee,
who shall be a nonvoting member;
``(iii) the Chairman of the Committee on Homeland Security
and Governmental Affairs of the Senate, or designee;
``(iv) the Ranking Member of the Committee on Homeland
Security and Governmental Affairs of the Senate, or designee;
``(v) the Chairman of the Committee on Homeland Security of
the House of Representatives, or designee;
``(vi) the Ranking Member of the Committee on Homeland
Security of the House of Representatives, or designee;
``(vii) the Secretary of Health and Human Services, or
designee;
``(viii) the Secretary of Defense, or designee;
``(ix) the Secretary of Education, or designee;
``(x) the Secretary of Transportation, or designee;
``(xi) the Director of the Federal Bureau of Investigation,
or designee;
``(xii) 4 persons, who shall be appointed by the Secretary
for 2-year terms to represent State and local governments;
and
``(xiii) 4 persons, who shall be appointed by the Secretary
for 2-year terms to represent first responders.
``(B) Prohibition.--Any person described under subparagraph
(A), whose membership on the Board would create a conflict of
interest, shall not serve as a member of the Board.
``(C) Vacancies.--If a member of the Board dies or resigns
from office, the official who designated the member shall
designate a successor for the unexpired portion of the term.
``(3) Duties.--
``(A) Academy visits.--The Board shall visit the Academy
not less than annually, and may, with the approval of the
Secretary, make other visits to the Academy in connection
with the duties of the Board or to consult with the Executive
Director of the Academy.
``(B) Inquiries.--The Board shall inquire into the
curriculum, instruction, physical equipment, fiscal affairs,
academic methods, student body composition, and other matters
relating to the Academy that the Board decides to consider.
``(C) Reports.--
``(i) Annual report.--Not later than 60 days after each
annual visit, the Board shall submit a written report to the
Secretary, which describes its action, and of its views and
recommendations pertaining to the Academy.
``(ii) Additional reports.--Any report of a visit, other
than the annual visit, shall, if approved by a majority of
the members of the Board, be submitted to the Secretary not
later than 60 days after the approval.
``(4) Travel expenses.--The members of the Board shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of
business in the performance of services for the Board.
``(d) Reports to Congress.--
``(1) Curriculum and attendance.--The Secretary shall
submit an annual report that describes the curriculum of, and
enrollment at, the Academy to--
``(A) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
``(B) the Committee on Homeland Security of the House of
Representatives.
``(2) Feasibility report.--Not later than 1 year after the
establishment of the Academy, the Secretary shall submit a
report to the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Homeland Security
of the House of Representatives that--
``(A) recommends an appropriate combination of students
from Federal, State, and local government and the private
sector, and the percentage of costs related to the education
of each of these student groups that should be reimbursable;
``(B) describes the feasibility of expanding the Academy in
regional offices established by the Department or other
government or university programs to provide ongoing
education and training for Federal employees with homeland
security responsibilities; and
``(C) describes the feasibility of providing education for
the general public through electronic learning systems.
``(e) National Homeland Security Education Network.--
``(1) Establishment.--The Executive Director of the Academy
shall establish a National Homeland Security Education
Network (referred to in this section as the `Network'), as
described under subsection (a)(2)(B).
``(2) Membership.--The Network shall be comprised of
representatives from Federal training and certification
organizations, including--
``(A) the National Homeland Security Academy;
``(B) the Office of Domestic Preparedness;
``(C) the National Domestic Preparedness Consortium;
``(D) the Center for Homeland Defense and Security at the
Naval Postgraduate School;
``(E) the Federal Law Enforcement Training Center,
including all schools or training and education programs
managed or co-located with the Center;
``(F) the Customs and Border Protection Academy;
``(G) the Border Patrol Academy;
``(H) the Bureau of Immigration and Customs Enforcement
Academy;
``(I) the Secret Service Academy;
``(J) the United States Coast Guard Academy, including all
schools within the jurisdiction of the Coast Guard Academy;
``(K) the Emergency Management Institute;
``(L) the Animal and Plant Health Inspection Service
Training Program;
``(M) the Federal Air Marshal Training Center;
``(N) the National Fire Academy; and
``(O) other relevant training facilities within the
Department.
``(3) Curriculum requirements.--The curriculum and course
work developed as part of the Network shall be incorporated
into the curriculum of the institutions listed under
paragraph (2), as appropriate, to ensure that students at
these institutions understand how their homeland security
responsibilities relate to other homeland security
responsibilities in the Department and other Federal, State,
and local agencies. The training centers and academies listed
under paragraph (2) shall retain their respective missions
and goals.
``(4) Semi-annual meetings.--The Executive Director and the
Dean of the Academic Board shall meet with the Network not
less than once every 6 months to--
``(A) discuss curriculum requirements; and
``(B) coordinate training activities within the Network.
``(5) Reports.--Not later than 2 years after the date of
enactment of this section, and every 2 years thereafter, the
Network shall submit a report to the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Homeland Security of the House of
Representatives, which describes the Network's--
``(A) strategy for using advanced instructional
technologies;
``(B) plans for future improvement; and
``(C) success in working with other organizations in
achieving the goals described under subparagraphs (A) and
(B).''.
(b) Technical Amendment.--Section 1(b) of the Homeland
Security Act of 2002 (Public Law 107-296) is amended by
inserting after the item relating to section 801 the
following:
``Sec. 802. National Homeland Security Academy.''.
SEC. 4. STATE AND LOCAL EDUCATION AND TRAINING COORDINATOR.
The Secretary of Homeland Security shall appoint a State
and Local Education and Training Coordinator to serve in the
Office of State and Local Government Coordination and
Preparedness, who shall--
(1) serve as the primary point of contact between Federal,
State, and local training facilities, the National Homeland
Security Academy, and the Office of State and Local
Government Coordination and Preparedness, in order to--
(A) maximize the ability of the Academy to identify non-
Academy programs that meet specific training goals and are
crucial to the Nation's homeland security mission; and
(B) assist the Academy and the Office of State and Local
Government Coordination and Preparedness in determining where
to direct Federal training funds; and
(2) at least semiannually, conduct meetings with a
coalition of State and local education and training
facilities to--
(A) allow State and local fire, rescue, and law enforcement
training facilities to provide input on decisions made
concerning the training of first responders; and
(B) increase curriculum coordination between the Academy
and Federal, State, and local facilities.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out the
amendment made by section 3 such sums as may be necessary for
each of the fiscal years 2006 through 2009.
Mrs. BOXER. Mr. President, each year Congress appropriates millions
of dollars to institutions of higher learning that serve minority
students. Currently, funds go to historically Black colleges and
universities, Hispanic-serving institutions, tribally controlled
colleges and universities, and Alaska Native and Native Hawaiian-
serving institutions. These funds--which exceeded $890 million in
fiscal year 2005--
[[Page S14322]]
help institutions provide more higher education opportunities for low-
income minority students.
For schools that serve a large number of low-income Asian Americans
and Pacific Islanders, however, Federal assistance is not available. A
need is not being served.
Over 42 percent of Cambodian Americans, almost 35 percent of Laotian
Americans and 25 percent of Vietnamese Americans live in poverty. And
the graduation rates among these populations are low. Only 13.8 percent
of Vietnamese Americans, 5.8 percent of Laotian Americans, 6.1 percent
of Cambodian Americans, and 5.1 percent of Hmong have college degrees.
So, today, I am introducing the Asian Americans and Pacific Islanders
Higher Education Enhancement Act. I am pleased to be joined in this
effort by Senator Akaka.
This legislation creates a new Federal grant program for institutions
where Asian and Pacific Islander students make up at least 10 percent
of the undergraduate student body. Priority will be given based on the
number of low-income students.
The grants--authorized at $30 million in the first year, and such
sums as necessary for the next 4 years--could be used for a variety of
purposes, including outreach to secondary and elementary school
students, curriculum development, tutoring, counseling, and student
support services.
Mr. President, we need to make college accessible for low-income
Asian American students as we do for with other minority students. This
bill is an important step toward this goal.
______
By Mrs. BOXER (for herself and Mr. Akaka):
S. 2160. A bill to amend the Higher Education Act of 1965 to
authorize grants for institutions of higher education serving Asian
Americans and Pacific Islanders; to the Committee on Health, Education,
Labor, and Pensions.
Mr. AKAKA. Mr. President, as a member of the Congressional Asian
Pacific American Caucus, the only Chinese American in the U.S. Senate,
and sole native Hawaiian in the U.S. Congress, I thank my colleague
from California, Senator Boxer, for introducing a bill to establish
Asian American and Pacific Islander, AAPI, Serving Institutions which
will improve the educational opportunities available to Asian Americans
and Pacific Islanders throughout our Nation. I am proud to stand with
her as a cosponsor of her bill. I also commend my colleagues,
Congressmen David Wu and Mike Honda, in the other body for working to
advance an AAPI Serving Institution bill.
This legislation would authorize the Department of Education to
establish an Asian American and Pacific Islander Serving Institution
designation under the Higher Education Act. A higher education
institution with an AAPI undergraduate enrollment of at least 10
percent would be eligible for grants to address and improve the
institution's capacity to serve the AAPI community. In the Higher
Education Act, titles III and V were established to provide aid for
colleges and universities to expand educational opportunities for
historically under represented and financially disadvantaged students.
However, we need a program specifically for Asian American and Pacific
Islander Americans. This legislation would assist in providing AAPI
students with the equal opportunity to pursue a quality education.
The AAPI community has made many significant contributions to our
country, and is known as having the highest percentage of undergraduate
and advanced degrees when compared to other racial or ethnic groups
according to the College Board. However, as one of the most ethnically,
culturally, and linguistically diverse groups in America, the success
of the community as a whole masks the needs of its disparate groups who
may not be doing so well. This is the ``model minority'' myth. In fact,
serious challenges face Cambodian, Hmong, and Pacific Islander
students, particularly in the acquisition of the English language.
The AAPI population is one of the fastest growing populations in this
country, including nearly 12 million Asian Americans and 1 million
Pacific Islanders. Census projections show the AAPI population more
than doubling by 2050 and comprising about 9 percent of the total U.S.
population. As a significant part of our society, AAPIs and their
higher education needs should be better understood and addressed, and
the establishment of AAPI Serving Institutions would be a major step in
the right direction for this multifaceted population.
I urge my colleagues to join me in supporting Senator Boxer's
legislation to enhance educational opportunities for Asian Americans
and Pacific Islanders.
______
By Mr. INHOFE (for himself, Mr. Domenici, Mr. Hagel, and Mr.
Nelson of Nebraska):
S. 2161. A bill to amend the Safe Drinking Water Act to prevent the
enforcement of certain national primary drinking water regulations
unless sufficient funding is available or variance technology has been
identified; to the Committee on Environment and Public Works.
Mr. INHOFE. Mr. President, I rise today to introduce The Small System
Drinking Water Act of 2005 to assist water systems throughout the
country comply with the numerous Federal drinking water standards. My
bill will require the Federal Government to live up to its obligations
and require the EPA to use all of the tools given the Agency in the
1996 Safe Drinking Water Act amendments (SDWA).
In Oklahoma we continue to have municipalities struggling with the
arsenic rule. Further nearly 80 percent of our small systems, those
serving less than 10,000 people, are not in compliance with the
Disinfection Byproducts (DBP) Stage I rule. In EPA's most recent
drinking water needs survey, Oklahoma identified $4.5 billion in
infrastructure needs over the next 20 years. $40 million a year of that
need is to meet Federal drinking water standards. This does not include
costs imposed by Oklahoma communities to meet Federal clean water
requirements.
The EPA on December 15th finalized the Disinfection Byproducts Stage
II rule and the Long Term 2 Enhanced Surface Water Treatment Rule. The
costs of complying with these two rules are not included in the $40
million a year need recently identified by the State. At current
funding rates, the State receives $8.5 million dollars for its drinking
water revolving loan fund.
My bill proposes a few simple steps to help systems comply with the
rules. First, it reauthorizes the technical assistance program in the
SDWA. The DBP Stage I rule is very complex and involves a lot of
monitoring and testing. The other rules are equally complex in nature
and many small systems simply do not have the expertise needed to
implement them. If we are going to impose complicated requirements on
systems, we need to provide them with help to implement those
requirements. Therefore, my legislation also requires that each system
receive the help it needs to come into compliance before an enforcement
action can be taken.
The bill also creates a pilot program to demonstrate new technologies
and approaches for systems of all sizes to comply with these
complicated rules. It requires the EPA to convene a working group to
examine the science behind the rules compared to new developments since
their publication.
Section 1412(b)(4)(E) of the SDWA Amendments of 1996 authorizes the
use of point of entry treatment, point of use treatment and package
plants to economically meet the requirements of the Act. However, to
date, these approaches are not widely used by small water systems. My
legislation directs the EPA to convene a working group to identify
barriers to the use of these approaches. The EPA will then use the
recommendations of the working group to draft a model guidance document
that states can use to create their own programs.
This legislation seeks to provide communities with more tools in
order to comply with these Federal requirements while also requiring
EPA to use the tools it has been provided, including the identification
of variance technologies.
______
By Ms. SNOWE:
S. 2162. A bill to foster local development by facilitating the
delivery of financial assistance to small businesses, and for other
purposes; to the Committee on Small Business and Entrepreneurship.
[[Page S14323]]
Ms. SNOWE. Mr. President, I rise today to introduce the ``Local
Development Business Loan Program Act of 2005.'' This bill will improve
the Small Business Administration's (SBA) Certified Development Company
Loan Program, also known as the ``504 Loan Program,'' by streamlining
the lending process and providing small businesses with greater
opportunities to obtain affordable financing. The 504 Loan Program
provides small businesses with long-term, fixed-rate financing for real
estate and machinery.
As Chair of the Senate Committee on Small Business and
Entrepreneurship, one of my primary responsibilities is to ensure small
businesses are afforded the best possible environment to grow and
flourish. The fundamental purpose of the SBA is to maintain and
strengthen the nation's economy by aiding, counseling, assisting, and
protecting the interests of small business concerns. This bill would
strengthen the SBA's ability to pursue those goals.
The legislation responds to one of the primary needs of small
businesses: access to affordable capital. For many small businesses,
expansion plans face constraints imposed by facilities that are too
small, or equipment that has insufficient capacity or outdated
features. These small businesses often lack capital to remedy these
needs, and without the SBA they would be limited to obtaining short-
term financing with higher, often variable, rates. As a result, the 504
loan program is a key element of these small businesses' eventual
success, because the program provides long-term capital, at fixed
rates, that allows businesses to obtain new facilities, expand existing
facilities, and update their machinery.
In Fiscal Year 2004, the SBA's financing programs, combined,
supported over $20 billion in loans and venture capital for small
businesses. In the 504 program alone, small businesses obtained 8,357
loans in 2004. Through those loans the SBA guaranteed over $4 billion
in financing. The SBA portion of each 504 program loan is only 40
percent of the total loan size. This program thus produced
approximately $10 billion in financing for small businesses in 2004!
That financing allowed small businesses to create or retain 140,000
jobs in 2004.
Although the 504 program is already assisting entrepreneurial small
businesses throughout the nation, it can be improved. The program works
by combining in each financing package provided to a small business a
loan from a Certified Development Company (CDC) that is guaranteed by
the SBA, this is 40 percent of the total package; a non-guaranteed loan
provided by a private ``first-mortgage'' lender, 50 percent of the
total package; and a 10 percent down-payment provided by the small
business. This bill offers improvements to all three aspects of the
program, to increase the program's efficiency and impact. If approved
by the Congress and signed into law, this bill will increase the number
of small businesses that can utilize the program to grow and succeed.
Job creation and retention is a bedrock element of local development
efforts throughout the country. One of the statutory purposes of the
504 loan program is to create new jobs and to help small businesses
retain existing jobs. This bill's purpose is to further strengthen the
local development impact of the 504 loan program. To reflect that, the
bill re-names the 504 loan program as the ``Local Development Business
Loan Program'' (Local Development Program). This new name will also
help borrowers to understand the intent of the program; many small
business owners had commented to the Committee that the name ``504
program'' was neither clear nor indicative of the program's purposes.
The bill will not require the SBA to waste money by discarding existing
program materials that refer to the previous name; the SBA may continue
to use those materials, but it will use the new name on any new
materials produced after the bill's enactment.
If the Local Development Program continues to grow at its recent
pace, it may exceed $6 billion in guaranteed loans during 2006. The
bill would authorize a maximum program level of $8 billion in
guaranteed loans in fiscal year 2007, and $8.5 billion for fiscal year
2008.
This legislation will also reduce regulatory barriers that have
constrained CDCs from expanding their operations into new areas. By
increasing competitive opportunities for CDCs, the bill seeks to
increase the number and qualify of financing options available to small
businesses. For instance, existing SBA regulations require CDCs to have
a separate loan committee for each State and to account for all revenue
and expenses separately for each state. Regulations of this type have
made compliance both costly and difficult and have deterred many CDCs
from expanding into new areas. Simplifying these regulations will
result in increased access to capital for small business.
The bill allows borrowers to provide more than the required minimum
amount of equity when initiating their loan, and to use the excess
equity to reduce the amount of the first-lien mortgage made by a
private lender in the program. By contributing a larger down-payment at
the onset of the loan, this provision will provide an opportunity for
these borrowers to reduce their periodic payment obligations.
This legislation would also designate Local Development Program loans
that qualify under the New Markets Tax Credit Program as a public
policy goal under the Local Development Program, and thus make them
eligible for larger financing packages. The New Market Tax Credit
Program permits taxpayers to receive a credit against Federal income
taxes for making qualified equity investments in designated Community
Development Entities.
The Act will also permit the ownership interest of two or more small
business owners to be combined to determine whether the small business
is 51 percent owned by minorities, women, or veterans in order to
qualify as a business eligible for a public policy loan. The Act's goal
of improving access to capital for small businesses is also furthered
by another provision that permits Local Development Program borrowers
to obtain financing in the maximum amount permitted under this program
and also under the SBA's ``7(a) loan program.''
This legislation would also allow a borrower to refinance a limited
amount of existing debt. The amount that could be refinanced could not
exceed 50 percent of the expansion project funded by the loan, and
would be limited to certain situations. By giving these small
businesses the opportunity to refinance and obtain lower-cost capital,
the bill would provide them a greater chance to succeed.
The bill would also eliminate a fee now imposed on the first mortgage
lenders, private banks, in a Local Development Program financing
package. The lender's fee is a one-time fee equal to 0.5 percent of the
first mortgage loan. Currently, the first mortgage lenders pass this
fee on to CDCs and to borrowers. The bill will not increase the total
fees paid by the CDCs or the borrowers, but clarifies that the CDC's
stipulated annual fee would be increased by 0.06 percent, 6/100ths of
one percent, and the borrower's stipulated fee would increase by
approximately 0.06 percent, to replace the fees currently imposed on
CDCs and borrowers by private lenders. In other words, instead of a fee
imposed on CDCs and borrowers by the private lenders, which is not
always clearly identifiable to those outside the program, this
provision will specify the fee be paid directly by the CDCs and
borrowers. It is hoped that this provision will clarify the fee
obligations owed within the program, and will clearly identify to banks
the total costs of participating in the program.
The SBA's current 504 Program provides our Nation's small businesses
with low-cost, long-term financing that is absolutely critical to
starting and developing a successful business. In turn, small
businesses create the majority of new jobs created in the United
States. This program, re-named as the Local Development Business Loan
Program, will continue to help small businesses create jobs and support
their local communities. In fact, the provisions in this bill will
improve those efforts significantly.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
[[Page S14324]]
S. 2162
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; DEFINITION.
(a) Short Title.--This Act may be cited as the ``Local
Development Business Loan Program Act of 2005''.
(b) Definition.--In this Act, the term ``Administrator''
means the Administrator of the Small Business Administration.
SEC. 2. DEVELOPMENT COMPANY LOAN PROGRAMS.
(a) Title of Program.--Title V of the Small Business
Investment Act of 1958 (15 U.S.C. 695 et seq.) is amended by
adding at the end the following:
``SEC. 511. PROGRAM TITLE.
``The programs authorized by this title shall be known as
the `Local Development Business Loan Program'.''.
(b) Existing Materials.--The Administrator may use
informational materials created, or that were in the process
of being created, before the date of enactment of this Act
that do not refer to a program under title V of the Small
Business Investment Act of 1958 (15 U.S.C. 695 et seq.) as
the ``Local Development Business Loan Program''.
(c) New Materials.--Any informational materials created by
the Administrator on or after the date of enactment of this
Act shall refer to any program under title V of the Small
Business Investment Act of 1958 (15 U.S.C. 695 et seq.) as
the ``Local Development Business Loan Program''.
SEC. 3. PROGRAM AUTHORIZATIONS.
Section 20 of the Small Business Act (15 U.S.C. 631 note)
is amended by adding at the end the following:
``(f) Fiscal Year 2007.--For the program authorized under
section 7(a)(13) of this Act and the Local Development
Business Loan Program under the Small Business Investment Act
of 1958, the Administrator is authorized to make
$8,000,000,000 in financings, and there are authorized to be
appropriated to the Administrator such sums as may be
necessary to carry out such programs.
``(g) Fiscal Year 2008.--For the program authorized under
section 7(a)(13) of this Act and the Local Development
Business Loan Program under the Small Business Investment Act
of 1958, the Administrator is authorized to make
$8,500,000,000 in financings, and there are authorized to be
appropriated to the Administrator such sums as may be
necessary to carry out such programs.''.
SEC. 4. LOAN LIQUIDATIONS.
Section 510 of the Small Business Investment Act of 1958
(15 U.S.C. 697g) is amended--
(1) by redesignating subsection (e) as subsection (g); and
(2) by inserting after subsection (d) the following:
``(e) Participation.--
``(1) In general.--Any qualified State or local development
company which elects not to apply for authority to foreclose
and liquidate defaulted loans under this section, or which
the Administrator determines to be ineligible for such
authority, shall contract with a qualified third-party to
perform foreclosure and liquidation of defaulted loans in its
portfolio. The contract shall be contingent upon approval by
the Administrator with respect to the qualifications of the
contractor and the terms and conditions of liquidation
activities.
``(2) Commencement.--The provisions of this subsection
shall not require any development company to liquidate
defaulted loans until the Administrator has adopted and
implemented a program to compensate and reimburse development
companies, as provided under subsection (f).
``(f) Compensation and Reimbursement.--
``(1) Reimbursement of expenses.--The Administrator shall
reimburse each qualified State or local development company
for all expenses paid by such company as part of the
foreclosure and liquidation activities, if the expenses--
``(A) were approved in advance by the Administrator, either
specifically or generally; or
``(B) were incurred by the development company on an
emergency basis without prior approval from the
Administrator, if the Administrator determines that the
expenses were reasonable and appropriate.
``(2) Compensation for results.--The Administrator shall
develop a schedule to compensate and provide an incentive to
qualified State or local development companies that foreclose
and liquidate defaulted loans. The schedule shall be based on
a percentage of the net amount recovered, but shall not
exceed a maximum amount. The schedule shall not apply to any
foreclosure which is conducted pursuant to a contract between
a development company and a qualified third party to perform
the foreclosure and liquidation.''.
SEC. 5. ADDITIONAL EQUITY INJECTIONS.
Section 502(3)(B)(ii) of the Small Business Investment Act
of 1958 (15 U.S.C. 696(3)(B)(ii)) is amended to read as
follows:
``(ii) Funding from institutions.--If a small business
concern--
``(I) provides the minimum contribution required under
subparagraph (C), not less than 50 percent of the total cost
of any project financed under clause (i), (ii), or (iii) of
subparagraph (C) shall come from the institutions described
in subclauses (I), (II), and (III) of clause (i); and
``(II) provides more than the minimum contribution required
under subparagraph (C), any excess contribution may be used
to reduce the amount required from the institutions described
in subclauses (I), (II), and (III) of clause (i), except that
the amount from such institutions may not be reduced to an
amount that is less than the amount of the loan made by the
Administrator.''.
SEC. 6. BUSINESSES IN LOW-INCOME AREAS.
Section 501(d)(3)(A) of the Small Business Investment Act
of 1958 (15 U.S.C. 695(d)(3)(A)) is amended by inserting
after ``business district revitalization,'' the following:
``or expansion of businesses in low-income communities which
would be eligible for a new markets tax credit pursuant to
section 45D(a) of the Internal Revenue Code of 1986, or
implementing regulations issued thereunder,''.
SEC. 7. COMBINATIONS OF CERTAIN GOALS.
Section 501(e) of the Small Business Investment Act of 1958
(15 U.S.C. 695(e)) is amended by adding at the end the
following:
``(7) A small business concern that is unconditionally
owned by more than 1 individual, or a corporation, the stock
of which is owned by more than 1 individual, shall be deemed
to have achieved a public policy goal required under
subsection (d)(3) if a combined ownership share of not less
than 51 percent is held by individuals who are in 1 of the
groups described in subparagraph (C) or (E) of subsection
(d)(3).''.
SEC. 8. MAXIMUM 504 AND 7(A) LOAN ELIGIBILITY.
Section 502(2) of the Small Business Investment Act of 1958
(15 U.S.C. 696(2)) is amended by adding at the end the
following:
``(C) Combination financing.--Notwithstanding any other
provision of law, financing under this title may be provided
to a borrower in the maximum amount provided in this
subsection, and a loan guarantee under section 7(a) of the
Small Business Act may be provided to the same borrower in
the maximum amount provided in section 7(a)(3)(A) of such
Act, to the extent that the borrower otherwise qualifies for
such assistance.''.
SEC. 9. REFINANCING.
Section 502 of the Small Business Investment Act of 1958
(15 U.S.C. 696) is amended by adding at the end the
following:
``(7) Permissible debt refinancing.--
``(A) In general.--Any financing approved under this title
may include a limited amount of debt refinancing.
``(B) Expansions.--If the project involves expansion of a
small business concern which has existing indebtedness
collateralized by fixed assets, any amount of existing
indebtedness that does not exceed \1/2\ of the project cost
of the expansion may be refinanced and added to the expansion
cost, providing that--
``(i) the proceeds of the indebtedness were used to acquire
land, including a building situated thereon, to construct a
building thereon, or to purchase equipment;
``(ii) the borrower has been current on all payments due on
the existing debt for at least the preceding year; and
``(iii) the financing under section 504 will provide better
terms or rate of interest than exists on the debt at the time
of refinancing.''.
SEC. 10. FEES.
(a) In General.--Section 503(d) of the Small Business
Investment Act of l958 (15 U.S.C. 697(d)) is amended--
(1) by striking paragraph (2);
(2) by redesignating paragraph (3) as paragraph (2); and
(3) in paragraph (2), as so redesignated, by striking
``0.125 percent'' and inserting ``0.185 percent''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect and apply to loans under section 503(d) of
the Small Business Investment Act of l958 (15 U.S.C. 697(d))
approved on or after 30 days after the date of enactment of
this Act.
SEC. 11. TECHNICAL CORRECTION.
Section 501(e)(2) of the Small Business Investment Act of
1958 (15 U.S.C. 695(e)(2)) is amended by striking
``outstanding''.
SEC. 12. SBIA DEFINITIONS.
Section 103 of the Small Business Investment Act of 1958
(15 U.S.C. 662) is amended--
(1) by striking paragraph (6) and inserting the following:
``(6) the term `development company' means an entity
incorporated under State law with the authority to promote
and assist the growth and development of small business
concerns in the areas in which it is authorized to operate by
the Administrator;'';
(2) in paragraph (16), by striking ``and'' at the end;
(3) in paragraph (17), by striking the period at the end
and inserting ``; and''; and
(4) by adding at the end the following:
``(18) the term `certified development company' means a
development company that the Administrator has certified
meets the criteria of section 506.''.
SEC. 13. REPEAL OF SUNSET ON RESERVE REQUIREMENTS FOR PREMIER
CERTIFIED LENDERS.
Section 508(c)(6)(B) of the Small Business Investment Act
of 1958 (15 U.S.C. 697e(c)(6)(B)) is amended--
(1) in the heading, by striking ``Temporary reduction'' and
inserting ``Reduction''; and
(2) by striking ``Notwithstanding subparagraph (A), during
the 2-year period beginning on the date that is 90 days after
the date of enactment of this subparagraph, the'' and
inserting ``The''.
[[Page S14325]]
SEC. 14. ELIGIBILITY OF DEVELOPMENT COMPANIES TO BE
DESIGNATED AS CERTIFIED DEVELOPMENT COMPANIES
AND AUTHORITY TO ISSUE DEBENTURES; AND
PROVIDING AN AREA OF OPERATIONAL AUTHORITY,
FUNDING RESTRICTIONS, AND ETHICAL REQUIREMENTS.
Section 506 of the Small Business Investment Act of 1958
(15 U.S.C. 697c) is amended--
(1) in the heading, by striking ``RESTRICTIONS ON
DEVELOPMENT COMPANY ASSISTANCE'' and inserting ``CERTIFIED
DEVELOPMENT COMPANIES''; and
(2) by inserting before ``Notwithstanding any other
provision of law'' the following:
``(a) Authority to Issue Debentures.--A development company
may issue debentures under this title if the Administrator
certifies that the company meets the following criteria:
``(1) Size.--
``(A) In general.--Except as provided in subparagraph (B),
the development company shall be a small business concern
with fewer than 500 employees, and shall not be under the
control of any entity that does not meet the size standards
established by the Administrator for a small business
concern.
``(B) Exception.--Any development company that was
certified by the Administrator before December 31, 2005, may
continue to issue debentures under this title.
``(2) Purpose.--A primary purpose of the development
company shall be to benefit the community by fostering
economic development to create and preserve jobs and
stimulate private investment.
``(3) Primary function.--A primary function of the
development company shall be to accomplish its purpose by
providing long term financing to small business concerns
under the Local Development Business Loan Program. The
development company may also provide or support other local
economic development activities to assist the community.
``(4) Nonprofit status.--
``(A) In general.--Except as provided in subparagraph (B),
the development company shall be a nonprofit corporation.
``(B) Exception.--A development company certified by the
Administrator before January 1, 1987, may continue to issue
debentures under this title and retain its status as a for-
profit enterprise.
``(5) Good standing.--The development company--
``(A) shall be in good standing in the State in which such
company is incorporated and in any other State in which it
conducts business; and
``(B) shall be in compliance with all laws, including
taxation requirements, in the State in which such company is
incorporated and in any other State in which it conducts
business.
``(6) Membership of development company.--There shall be--
``(A) not fewer than 25 members of the development company
(or owners or stockholders, if the corporation is a for-
profit entity) none of whom may own or control more than 10
percent of the voting membership of the company; and
``(B) at least 1 member of the development company (none of
whom is in a position to control the development company)
from each of the following:
``(i) Government organizations that are responsible for
economic development.
``(ii) Financial institutions that provide commercial long
term fixed asset financing.
``(iii) Community organizations that are dedicated to
economic development.
``(iv) Businesses.
``(7) Board of directors.--
``(A) In general.--The development company shall have a
board of directors.
``(B) Members of board.--Each member of the board of
directors shall be--
``(i) a member of the development company; and
``(ii) elected by a majority of the members of the
development company.
``(C) Representation of organizations and institutions.--
``(i) In general.--There shall be at least 1 member of the
board of directors from not fewer than 3 of the 4
organizations and institutions described in paragraph (6)(B),
none of whom is in a position to control the development
company.
``(ii) Maximum percentage.--Not more than 50 percent of the
members of the board of directors shall be from any 1 of the
organizations and institutions described in paragraph (6)(B).
``(D) Meetings.--The board of directors of the development
company shall meet on a regular basis to make policy
decisions for such company.
``(8) Professional management and staff.--
``(A) In general.--The development company shall have full-
time professional management, including a chief executive
officer to manage daily operations and a full-time
professional staff qualified to market the Local Development
Business Loan Program and handle all aspects of loan approval
and servicing, including liquidation, if appropriate.
``(B) Independent management and operation.--Except as
provided in paragraph (9), the development company shall be
independently managed and operated to pursue the economic
development purpose of the company and shall employ directly
the chief executive officer.
``(9) Management and operation exceptions.--
``(A) Affiliation.--A development company may be an
affiliate of another local nonprofit service corporation
(other than a development company), a purpose of which is to
support economic development in the area in which the
development company operates.
``(B) Staffing.--A development company may satisfy the
requirement for full-time professional staff under paragraph
(8)(A) by contracting for the required staffing with--
``(i) a local nonprofit service corporation;
``(ii) a nonprofit affiliate of a local nonprofit service
corporation;
``(iii) an entity wholly or partially operated by a
governmental agency; or
``(iv) another entity approved by the Administration.
``(C) Directors.--A development company and a local
nonprofit service corporation with which it is affiliated may
have in common some, but not all, members of their respective
board of directors.
``(D) Rural areas.--A development company in a rural area
may satisfy the requirements of a full-time professional
staff and professional management ability under paragraph
(8)(A) by contracting for such services with another
certified development company that--
``(i) has such staff and management ability; and
``(ii) is located in the same State as the development
company or in a State that is contiguous to the State in
which the development company is located.
``(E) Previously certified.--A development company that, on
or before December 31, 2005, was certified by the
Administrator and had contracted with a for-profit company to
provide staffing and management services, may continue to do
so.
``(b) Use of Excess Funds.--Any funds generated by a
certified development company from making loans under section
503 or 504 that remain unexpended after payment of staff,
operating, and overhead expenses shall be retained by the
certified development company as a reserve for--
``(1) future operations;
``(2) expanding the area in which the certified development
company operates through the methods authorized by this Act;
or
``(3) investment in other local economic development
activity in the State from which such funds were generated.
``(c) Ethical Requirements.--
``(1) In general.--A certified development company and the
officers, employees, and other staff of the company shall at
all times act ethically and avoid activities which constitute
a conflict of interest or appear to constitute a conflict of
interest.
``(2) Prohibited conflict in project loans.--
``(A) In general.--No certified development company may--
``(i) recommend or approve a guarantee of a debenture by
the Administrator under the Local Business Development Loan
Program that is collateralized by a second lien position on
the property being constructed or acquired; and
``(ii) provide, or be affiliated with a corporation or
other entity which provides, financing collateralized by a
first lien on the same property.
``(B) Exception.--During the 2-year period beginning on the
date of enactment of this subsection, a certified development
company that was participating as a first mortgage lender for
the Local Business Development Loan Program in either of
fiscal years 2004 or 2005 may continue to do so.
``(3) Other economic development activities.--It shall not
be a conflict of interest for a certified development company
to operate multiple programs to assist small business
concerns as part of carrying out its economic development
purpose.
``(d) Multistate Operations.--
``(1) Authorization.--Notwithstanding any other provision
of law, the Administrator shall permit a certified
development company to make loans in any State that is
contiguous to the State of incorporation of that certified
development company, only if such company--
``(A) is--
``(i) an accredited lender under section 507; or
``(ii) a premier certified lender under section 508;
``(B) has a membership that contains not fewer than 25
members from each State in which the company makes loans;
``(C) has a board of directors that contains not fewer than
1 member from each State in which the company makes loans;
and
``(D) maintains not fewer than 1 loan committee, which
shall have not fewer than 1 member from each State in which
the company makes loans; and
``(E) submits to the Administrator, in writing--
``(i) a notice of the intention of the company to make
loans in multiple States;
``(ii) the names of the States in which the company intends
to make loans;
``(iii) a detailed statement of how the company will comply
with this paragraph, including a list of the members
described in subparagraph (B).
``(2) Review.--The Administrator shall verify whether a
certified development company satisfies the requirements of
paragraph (1) on an expedited basis and, not later than 30
days after the date on which the Administrator receives the
statement described in paragraph (1)(E)(iii), the
Administrator shall determine whether such company satisfies
such criteria and provide notice to such company.
[[Page S14326]]
``(3) Loan committee participation.--For any loan made by a
company described in paragraph (1), not fewer than 1 member
of the loan committee from the State in which the loan is to
be made shall participate in the review of such loan.
``(4) Aggregate accounting.--A company described in
paragraph (1) may maintain an aggregate accounting of all
revenue and expenses of the company for purposes of this
title.
``(5) Directors.--Notwithstanding any other provision of
law, a person may serve on the board of directors, but not as
an officer, of more than 1 certified development company if
none of the certified development companies on which the
person serves as a member of the board of directors are
located or operate in the same area.
``(6) Local job creation requirements.--Any certified
development company making loans in multiple States shall
satisfy any applicable job creation or retention requirements
separately for each such State. Such a company shall not
count jobs created or retained in 1 State towards any
applicable job creation or retention requirement in another
State.
``(7) Contiguous states.--For purposes of this subsection,
the States of Alaska and Hawaii shall be deemed to be
contiguous to any State abutting the Pacific ocean.
``(e) Restrictions on Development Company Assistance.--''.
SEC. 15. CONFORMING AMENDMENTS.
Section 503 of the Small Business Investment Act of 1958
(15 U.S.C. 697) is amended--
(1) in subsection (a)(1), by striking ``qualified State or
local development company'' and inserting ``certified
development company''; and
(2) by striking subsection (e) and inserting the following:
``(e) Section 7(a) Loans.--Notwithstanding any other
provision of law, a certified development company is
authorized to prepare applications for deferred participation
loans under section 7(a) of the Small Business Act, to
service such loans, and to charge a reasonable fee for
servicing such loans.''.
SEC. 16. CLOSING COSTS.
Section 503(b) of the Small Business Investment Act of 1958
(15 U.S.C. 697(b)) is amended by striking paragraph (4) and
inserting the following:
``(4) the aggregate amount of such debenture does not
exceed the amount of the loans to be made from the proceeds
of such debenture plus, at the election of the borrower,
other amounts attributable to the administrative and closing
costs of such loans, except for the attorney fees of the
borrower;''.
SEC. 17. DEFINITION OF RURAL.
Section 501 of the Small Business Investment Act of 1958
(15 U.S.C. 695) is amended by adding at the end the
following:
``(f) As used in this title, the term `rural' shall include
any area that is not--
``(1) a city or town that has a population greater than
50,000 inhabitants; or
``(2) the urbanized area contiguous and adjacent to a city
or town described in paragraph (1).''.
SEC. 18. REGULATIONS AND EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), the
Administrator shall--
(1) publish proposed rules to implement this Act and the
amendments made by this Act not later than 120 days after the
date of enactment of this Act; and
(2) publish such rules in final form not later than 120
days after the date of publication under paragraph (1).
(b) Multistate Operations.--As soon as is practicable after
the date of enactment of this Act, the Administrator shall
promulgate regulations to implement section 506(d) of the
Small Business Investment Act of 1958, as added by section 14
of this Act. Such regulations shall become effective not
later than 120 days after the date of enactment of this Act.
(c) Effective Date.--
(1) In general.--Except as provided in paragraph (2) and
section 10(b), this Act and the amendments made by this Act
shall become effective 240 days after the date of enactment
of this Act, regardless of whether the Administrator has
promulgated the regulations required under subsection (a).
(2) Multistate operations.--Section 506(d) of the Small
Business Investment Act of 1958, as added by section 14 of
this Act, shall become effective 120 days after the date of
enactment of this Act, regardless of whether the
Administrator has promulgated the regulations required under
subsection (b).
______
By Mr. KERRY:
S. 2163. A bill to amend titles 10 and 38 of the United States Code,
to increase and index educational benefits for veterans under the
Montgomery GI bill to ensure adequate and equitable benefits for active
duty members and members of the selected Reserve, and to include
certain servicemembers previously excluded from such benefits; to the
Committee on Veterans' Affairs.
Mr. KERRY. Mr. President, the original GI Bill of 1944 was intended
to help veterans readjust to civilian life, and to recognize the
service they provided to their country. Subsequent GI Bills, including
the one in force today, have been important tools to recruit the
world's best troops.
The GI Bill is meant ``to help meet, in part, the expenses of such
individual's subsistence, tuition, fees, supplies, books, equipment,
and other educational costs.'' At certain points historically the
payment has met over 100 percent of these costs.
Yet, today's troops, performing with such distinction in Iraq,
Afghanistan, and other locations around the world, are returning home
to a GI Bill that covers only 63 percent of the average price of a
public four-year secondary education.
Veterans are struggling to make up the difference in the price of
their education.
We have heard of a 28-year-old Navy veteran who served two
deployments in the Persian Gulf between 1996 and 2002. When he went to
school he had to supplement his GI Bill benefits by working part-time
as a bartender and taking out tens of thousands of dollars in emergency
loans.
We've heard of a veteran who served 4 years in the airborne infantry
prior to enrolling in a local community college in California under the
GI Bill. He has been able to make ends meet at the community college by
subsidizing his GI Bill benefits through part time work, but he worries
that he will be unable to fulfill his dream of finishing up at UC Davis
because his benefits and part time job will not cover the higher costs
at the 4-year public secondary institution.
But not all veterans are in a position where they can worry only
about their education. Almost 60 percent of enlisted men and women are
married today, compared with 40 percent in 1973. These veterans are
faced with choosing to borrow in order to invest for the future or take
care of their family now.
We know of veterans who have lost that fight. One was unable to come
up with the remaining third of the cost of his education and support
his wife and baby daughter. His wife had convinced him to use his GI
Bill benefits, but for this young veteran, ``the benefit just didn't
match up to the cost of living'' and he dropped out of school after
only one semester.
Over the past 10 years, less than 10 percent of eligible veterans who
signed up for the GI Bill from 1985 to 1994 used their entire
educational benefit, although 70 percent have used some portion of it.
The legislation I introduce today is the start of an effort to help
veterans meet the everincreasing costs of education. It is only a
start. I recognize that the cost of this proposal has to be addressed
for the legislation to advance. Toward this end, Senator Ensign and I
have written to the Veterans' Affairs Committee seeking reauthorization
of a reporting requirement that will inform this process. And I plan to
work with my colleagues in the coming months to find a solution that
meets the needs of America's veterans.
We know that improving GI Bill benefits isn't just about saying thank
you. It is critical to recruiting the world's finest military. As
recently as 2004, a survey of active duty service members found that GI
Bill education benefits were the primary reason individuals chose to
enlist. We recently increased sign-up and reenlistment bonuses for
members of the military. The GI Bill must increase too.
This legislation, the Armed Forces Education Benefits Improvement
Act, would increase GI Bill educational benefits to cover the average
price of a 4-year secondary education. According to the most recent
report by the U.S. Department of Education, an average public 4-year
education cost $14,260 in 2004-05, compared with the $9,036 provided
under the current GI Bill for the same time period.
The Armed Forces Education Benefits Improvement Act would also
provide for real growth in future benefits that keep paces with the
ever increasing cost of education. The bill would index the increased
benefit to the ``college tuition and fees'' component of the Consumer
Price Index. Currently, the increasing cost of education is out-pacing
growth in GI Bill benefits, which are indexed to the less rapidly
growing overall inflation.
This legislation would also increase the base amount provided for
members of the Selected Reserve by approximately 59 percent. And it
maintains the same ratio in the FY05 Defense Authorization Act for
those members of the Selected Reserve called up to active duty for at
least 90 days.
[[Page S14327]]
Finally, the Armed Forces Education Benefits Improvement Act would
open' enrollment for updated Montgomery GI bill benefits to certain
active duty service members who declined to accept the Veterans
Education Assistance Program, VEAP, offered between January 1, 1977 and
June 30, 1985. These veterans are the only group of active duty service
members--other than service academy graduates and recipients of certain
ROTC scholarships--who have not been able to sign up for GI Bill
educational benefits.
I am pleased that this legislation has been endorsed by the Military
Officers Association of America and the Reserve Enlisted Association.
I know my colleagues are as inspired as I am by the dedication,
courage, and honor of the soldiers, sailors, airmen, and Marines we
meet around the world. They serve with a selfless devotion to their
country and their mission--and we are all so very proud of them. The
least that we can do is ensure the GI Bill education benefits keep pace
with the cost of education in this country. I look forward to working
with my colleagues over the coming months to bring this legislation to
fruition.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 2163
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Armed Forces Education
Benefits Improvement Act''.
SEC. 2. ADJUSTMENT AND ANNUAL DETERMINATION OF EDUCATIONAL
ASSISTANCE UNDER THE MONTGOMERY GI BILL FOR
ACTIVE DUTY MEMBERS.
(a) In General.--Section 3015 of title 38, United States
Code, is amended--
(1) in subsection (a), by amending paragraph (1) to read as
follows:
``(1) for an approved program of education pursued on a
full-time basis--
``(A) $1,584 per month for months during fiscal year 2005;
and
``(B) for months during fiscal year 2006 and each
subsequent fiscal year, the monthly amount under this
paragraph for the previous fiscal year multiplied by the
percentage increase calculated under subsection (h); or'';
(2) in subsection (b), by amending paragraph (1) to read as
follows:
``(1) for an approved program of education pursued on a
full-time basis--
``(A) $1,267 per month for months during fiscal year 2005;
and
``(B) for months during fiscal year 2006 and each
subsequent fiscal year, the monthly amount under this
paragraph for the previous fiscal year multiplied by the
percentage increase calculated under subsection (h); or'';
and
(3) in subsection (h)(1), by striking ``all items'' and
inserting ``college tuition and fees''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on the first day of the first month
beginning after the date of enactment of this Act.
SEC. 3. ANALYSIS OF IMPACT OF MONTGOMERY GI BILL EDUCATIONAL
BENEFITS.
(a) Findings.--Congress finds that--
(1) the enhanced educational benefits provided under the
Ronald W. Reagan National Defense Authorization Act for
Fiscal Year 2005 are an important step in ensuring that
members of the Selected Reserve are thanked for their
increasing role in the modern warfare; and
(2) when these members return from extended tours in Iraq,
Afghanistan, and other places, they should be provided with
immediate access to these enhanced educational benefits.
(b) Cooperation.--The Secretary of Defense shall work
expeditiously with the Secretary of Veterans Affairs to
ensure that members of the Selected Reserve receive the
educational benefits referred to in subsection (a) in a
timely manner.
(c) Studies.--
(1) Secretary of defense.--The Secretary of Defense shall
conduct a study analyzing the effect of all Montgomery GI
bill educational benefits on recruitment and retention during
the 12-month period beginning on the date on which the
enhanced benefits referred to in subsection (a) become
available.
(2) Secretary of veterans affairs.--The Secretary of
Veterans Affairs shall conduct a study analyzing the effect
of all Montgomery GI bill educational benefits on the
readjustment of veterans eligible for educational benefits
under section 3015 of title 38, United States Code, and
chapters 1606 and 1607 of title 10, United States Code,
during the 12-month period beginning on the date on which the
enhanced benefits referred to in subsection (a) become
available.
(3) Report.--Not later than 18 months after the date on
which the enhanced benefits referred to in subsection (a)
become available, the Secretary of Defense and the Secretary
of Veterans Affairs shall submit a report on the results of
the studies conducted under paragraphs (1) and (2) to--
(A) the Committee on Armed Services of the Senate;
(B) the Committee on Armed Services of the House of
Representatives;
(C) the Committee on Veterans' Affairs of the Senate; and
(D) the Committee on Veterans' Affairs of the House of
Representatives.
SEC. 4. ADJUSTMENT AND ANNUAL DETERMINATION OF EDUCATIONAL
ASSISTANCE UNDER THE MONTGOMERY GI BILL FOR
CERTAIN MEMBERS OF THE SELECTED RESERVE.
(a) Increase in Rates.--Section 16131(b) of title 10,
United States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``at the following rates:'' and inserting
``--''; and
(B) by striking subparagraphs (A) through (C) and inserting
the following:
``(A) for a program of education pursued on a full-time
basis--
``(i) $475 per month for months during fiscal year 2005;
and
``(ii) for months during fiscal year 2006 and each
subsequent fiscal year, the monthly amount under this
subparagraph for the previous fiscal year multiplied by the
percentage increase calculated under paragraph (2);
``(B) for a program of education pursued on a three-
quarter-time basis--
``(i) $356 per month for months during fiscal year 2005;
and
``(ii) for months during fiscal year 2006 and each
subsequent fiscal year, the monthly amount under this
subparagraph for the previous fiscal year multiplied by the
percentage increase calculated under paragraph (2);
``(C) for a program of education pursued on a half-time
basis--
``(i) $238 per month for months during fiscal year 2005;
and
``(ii) for months during fiscal year 2006 and each
subsequent fiscal year, the monthly amount under this
subparagraph for the previous fiscal year multiplied by the
percentage increase calculated under paragraph (2); and'';
and
(2) in paragraph (2)--
(A) by inserting ``beginning on or after October 1, 2005''
after ``With respect to any fiscal year''; and
(B) in subparagraph (A), by striking ``all items'' and
inserting ``college tuition and fees''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on the first day of the first month
beginning after the date of enactment of this Act.
SEC. 5. OPPORTUNITY FOR CERTAIN ACTIVE-DUTY PERSONNEL TO
ENROLL UNDER THE MONTGOMERY GI BILL.
(a) In General.--Chapter 30 of title 38, United States
Code, is amended by inserting after section 3018C the
following:
``Sec. 3018D. Opportunity for certain active-duty personnel
to enroll
``(a)(1) Notwithstanding any other provision of this
chapter, during the 1-year period beginning on the date of
enactment of this section, a qualified individual (described
in subsection (b)) may make an irrevocable election under
this section to receive basic educational assistance under
this chapter.
``(2) The Secretary of each military department shall
provide for procedures for a qualified individual to make an
irrevocable election under this section in accordance with
regulations prescribed by the Secretary of Defense for the
purpose of carrying out this section or which the Secretary
of Homeland Security shall provide for such purpose with
respect to the Coast Guard when it is not operating as a
service in the Navy.
``(b) A qualified individual referred to in subsection (a)
is an individual who meets each of the following
requirements:
``(1) The individual first became a member of the Armed
Forces or first served on active duty as a member of the
Armed Forces before July 1, 1985.
``(2) The individual--
``(A) has served on active duty without a break in service
since the date the individual first became such a member or
first served on active duty as such a member; and
``(B) continues to serve on active duty for some or all of
the 1-year period described in subsection (a).
``(3) The individual, before applying for benefits under
this section--
``(A) completed the requirements of a secondary school
diploma (or equivalency certificate); or
``(B) has successfully completed (or otherwise received
academic credit for) the equivalent of 12 semester hours in a
program of education leading to a standard college degree.
``(4) The individual, when discharged or released from
active duty, is discharged or released therefrom with an
honorable discharge.
``(c)(1) Subject to paragraph (2), with respect to a
qualified individual who elects under this section to receive
basic educational assistance under this chapter--
``(A) the basic pay of the qualified individual shall be
reduced (in a manner determined by the Secretary concerned)
until the total amount by which such basic pay is reduced is
$1,200; and
``(B) to the extent that basic pay is not reduced under
subparagraph (A) before the qualified individual's discharge
or release from active duty, an amount equal to the
difference between $1,200 and the total amount of reductions
under subparagraph (A), which shall be paid into the Treasury
of
[[Page S14328]]
the United States as miscellaneous receipts, shall, at the
election of the qualified individual, be--
``(i) collected from the qualified individual by the
Secretary concerned; or
``(ii) withheld from the retired or retainer pay of the
qualified individual by the Secretary concerned.
``(2)(A) The Secretary concerned shall provide for an 18-
month period, beginning on the date the qualified individual
makes an election under this section, for the qualified
individual to pay that Secretary the amount due under
paragraph (1).
``(B) Nothing in subparagraph (A) shall be construed as
modifying the period of eligibility for and entitlement to
basic educational assistance under this chapter applicable
under section 3031 of this title.
``(d) With respect to qualified individuals referred to in
subsection (c)(1)(B), no amount of educational assistance
allowance under this chapter shall be paid to the qualified
individual until the earlier of the date on which--
``(1) the Secretary concerned collects the applicable
amount under subsection (c)(1)(B)(i); or
``(2) the retired or retainer pay of the qualified
individual is first reduced under subsection (c)(1)(B)(ii).
``(e) The Secretary, in conjunction with the Secretary of
Defense, shall provide for notice of the opportunity under
this section to elect to become entitled to basic educational
assistance under this chapter.''.
(b) Conforming Amendments.--Section 3017(b)(1) of title 38,
United States Code, is amended--
(1) in subparagraphs (A) and (C), by striking ``or
3018C(e)'' and inserting ``3018C(e), or 3018D(c)''; and
(2) in subparagraph (B), by inserting ``or 3018D(c)'' after
``under section 3018C(e)''.
(c) Clerical Amendment.--The table of sections at the
beginning of chapter 30 of title 38, United States Code, is
amended by inserting after the item relating to section 3018C
the following:
``3018D. Opportunity for certain active-duty personnel to enroll.''.
______
By Mr. LOTT (for himself and Mr. Dodd):
S. 2166. A bill to direct the Election Assistance Commission to make
grants to States to restore and replace election administration
supplies, materials, records, equipment, and technology which were
damaged, destroyed, or dislocated as a result of Hurricane Katrina or
Hurricane Rita; to the Committee on Rules and Administration.
Mr. LOTT. Mr. President, I rise today to introduce the Hurricane
Election Relief Act of 2005. I thank my friend Senator Dodd--the
ranking member of the committee I chair, the Senate Committee on Rules
and Administration--for joining me in sponsoring this important
legislation.
It has now been over three months since Hurricanes Katrina and Rita
wreaked havoc throughout the gulf coast region, leaving almost
unimaginable wreckage and destruction in their wakes. The good people
in the region have suffered a terrible toll in terms of lives lost and
property destroyed. Though their plight no longer dominates the
headlines, the difficulties and hardships that these individuals
continue to confront on a daily basis remain formidable. However, one
thing that gulf coast residents should not have to face in the
aftermath of the hurricanes is an impediment to their ability to fully
participate in our Nation's democracy. The right to vote must not
become a further casualty of Hurricanes Katrina and Rita.
The hurricane-related damage to election infrastructure was extensive
throughout my home State of Mississippi as well as Louisiana and other
gulf States. Voting equipment was destroyed; voter records were lost;
polling places were leveled. If this infrastructure is not restored in
a timely manner, the voting rights of thousands of citizens in the
region will be substantially impaired. This is not acceptable.
But replacing damaged and destroyed election equipment and technology
is not the only election-related challenge these States face. Thousands
and thousands of individuals were forced to evacuate their homes and
their communities and relocate to other areas and, in some instances,
other States. Large numbers of these displaced individuals will not be
able to return to their homes anytime soon. Consequently, if these
citizens are going to participate in the upcoming elections that will
shape the rebuilding efforts in their communities, they will have to do
so largely by means of absentee ballots. This increased demand for
absentee ballots will, in turn, present significant logistical
challenges for localities that are already cash-strapped and struggling
to recover in the aftermath of Hurricanes Katrina and Rita. Therefore,
to ensure that gulf coast residents remain fully enfranchised, it is
essential that the impacted States receive sufficient resources to
restore their election infrastructure to pre-hurricane levels.
For this reason, I am proud to introduce today the Hurricane Election
Relief Act of 2005, which provides much needed funds to the States that
bore the brunt of Hurricanes Katrina and Rita to aid them in rebuilding
election infrastructure that was damaged or destroyed. Specifically,
the Hurricane Election Relief Act authorizes $50 million in grants to
be distributed by the Election Assistance Commission, EAC, to assist
affected States in restoring and replacing supplies, materials,
records, equipment, and technology used in administering Federal
elections that were damaged, destroyed, or dislocated as a result of
the hurricanes. The act also permits the authorized funds to be used to
ensure the full electoral participation of displaced individuals. Thus,
State and local election officials could use monies furnished by the
act to offset the costs associated with printing and processing voter
registration and absentee ballot materials for displaced voters.
Finally, the use of the funds provided under this act would have to be
consistent with the requirements of Title III of the Help America Vote
Act of 2002.
Much work remains to be done to help the communities impacted by
Hurricanes Katrina and Rita get back on their feet. I realize this fact
more than most. Thus, it is my hope that my fellow Senators will
enthusiastically support this important legislation, which will ensure
that those individuals in my home State as well as those in the
surrounding States whose lives were thrown into such turmoil as a
result of the hurricanes will retain their ability to fully exercise
their right to vote.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 2166
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hurricane Election Relief
Act of 2005''.
SEC. 2. GRANTS TO STATES FOR RESTORING AND REPLACING ELECTION
ADMINISTRATION SUPPLIES, MATERIALS, RECORDS,
EQUIPMENT, AND TECHNOLOGY WHICH WERE DAMAGED,
DESTROYED, OR DISLOCATED BY HURRICANES KATRINA
OR RITA.
(a) Authority to Make Grants.--The Election Assistance
Commission shall make a grant to each eligible State, in such
amount as the Commission considers appropriate, for purposes
of restoring and replacing supplies, materials, records,
equipment, and technology used in the administration of
Federal elections in the State which were damaged, destroyed,
or dislocated as a result of Hurricane Katrina or Hurricane
Rita and ensuring the full participation in such elections by
individuals who were displaced as a result of Hurricane
Katrina or Hurricane Rita.
(b) Use of Grant Funds.--Funds received under a grant under
subsection (a) shall be used in a manner that is consistent
with the requirements of title III of the Help America Vote
Act of 2002.
(c) Eligibility.--A State is eligible to receive a grant
under this section if it submits to the Commission (at such
time and in such form as the Commission may require) a
certification that--
(1) supplies, materials, records, equipment, and technology
used in the administration of Federal elections in the State
were damaged, destroyed, or dislocated as a result of
Hurricane Katrina or Hurricane Rita; or
(2) the system of such State for conducting Federal
elections has been significantly impacted by the displacement
of individuals as a result of Hurricane Katrina or Hurricane
Rita.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for fiscal year
2006 for grants under this Act $50,000,000, to remain
available until expended.
Mr. DODD. Mr. President, nearly three months have passed since
Hurricanes Katrina and Rita ravaged the lives of the good people of our
Gulf Coast region. Congress has taken great efforts to address the
immediate needs of those affected by the hurricanes and continues to
consider how we can assist the long-term needs of these communities. I
previously came to the floor with the distinguished Chairman of the
Senate Rules Committee, Senator Lott, to discuss the needs for
[[Page S14329]]
funding to restore the elections infrastructure of the impacted States,
including not just those directly hit by the storms but also States
that welcomed and provided shelter to those displaced by the storms.
As the ranking member of the Rules Committee, I rise today to
introduce with Senator Lott, the Hurricane Election Relief Act of 2005,
a bill that authorizes the necessary funding to impacted States for the
purpose of ensuring that they will be capable of conducting the up-
coming Federal elections next year, consistent with the Help America
Vote Act ("HAVA'). This bill will ensure that impacted States will be
able to strengthen the foundation of our democracy and the process by
which we build communities. Specifically, this bill provides funding to
States to restore and replace supplies, materials, records, equipment
and technology that were damaged, destroyed, or dislocated as result of
the storms. The Election Assistance Commission (EAC) is charged with
distribution of the appropriate funding to the States.
Earlier this month, Louisiana Secretary of State Al Ater postponed
for up to eight months the elections for mayor and City Council in New
Orleans from the scheduled February 4, 2006 date, after explaining that
the infrastructure to hold an election is simply absent. Secretary of
State Alter noted that polling places must be rebuilt, voting systems
must be repaired, poll workers must be located, and a system to process
the anticipated increase in absentee ballots must be developed.
Following the storms, Ater requested $2 million from the Federal
Emergency Management Agency (FEMA) solely to repair voting machines. To
date, he has not received any of the requested funds and there does not
yet appear to be a projected FEMA disbursement date for such funds.
Mississippi Secretary of State Eric Clark surveyed the 43 counties
affected by the storms in his State and announced that in order to
facilitate elections without long lines, Mississippi needs $3.3 million
to replace 966 voting machines as well as additional funding to assure
that the counties meet the HAVA requirements effective January 1, 2006.
In light of the above, it is essential that we rise and join together
to ensure that all States, including those States impacted by the
hurricanes, may conduct timely Federal elections that enable every
eligible voter to cast a vote and have that vote counted, regardless of
race, ethnicity, language, age, disability or community resources. The
health of our democracy depends upon it.
As we approach the end of the first session of the 109th Congress and
prepare to return to the comfort of our families and constituents, let
us give thanks for the well-being of our communities and provide the
authority to allocate funding to those States which are rebuilding
their communities in the aftermath of these devastating natural
disasters.
______
By Ms. SNOWE (for herself and Mr. Nelson of Florida):
S. 2168. A bill to amend title XVIII of the Social Security Act to
provide extended and additional protections to Medicare beneficiaries
enrolled under part C or D or such title; to the Committee on Finance.
Ms. SNOWE. Mr. President, I rise today to introduce the Medicare Drug
Benefit Protections Act of 2005 with my colleague, Senator Bill Nelson.
Our bill provides additional protections for Medicare beneficiaries
enrolling in the new Medicare Part D prescription drug benefit,
protections which we believe are essential. Our bill extends the
initial enrollment period for the new benefit until the end of 2006,
provides more flexibility for beneficiaries to change plans, and adds
crucial protections for those enrolled in a plan.
We are now in the midst of the rollout of the new Medicare drug
benefit, and, as of November 15, seniors and individuals with
disabilities on Medicare have begun enrolling in various plans.
Unfortunately, many seniors are confused and angry, frustrated and
concerned that they do not have adequate information about the plans
being offered. Seniors may ultimately decide not to enroll in a plan if
they do not have enough expert assistance--readily available and
accessible--to help them choose an appropriate plan. To make matters
worse, many say the information available from the Centers for Medicare
and Medicaid Services, CMS, the agency overseeing the plan, is either
not helpful or simply overwhelming.
Beneficiaries are worried they could make a poor choice in selecting
a plan and that, once enrolled, the drugs offered by the plan they
choose may not be the drugs they need. We must assure them that they
will not be saddled with monthly premiums for plans which, in the end,
do not adequately cover their prescription drug needs.
Our bill would address these concerns in several ways. The bill
includes two provisions from Senator Nelson's bill, the Medicare
Informed Choice Act of 2005, which give beneficiaries additional
protection. The bill extends the initial six-month period for enrolling
in a plan from May 15, 2006, to December 31, 2006, thus delaying late
enrollment penalties until 2007 and giving beneficiaries the rest of
this year and all of next year to decide whether to enroll in a plan.
Once beneficiaries have enrolled in a plan, the bill provides a one-
time opportunity during 2006 to change to another plan without penalty,
should they wish to do so.
The Medicare Drug Benefit Protections Act includes additional
safeguards, as well. Seniors are getting misinformation from the CMS
website, especially in regard to the cost of drugs being offered by
certain plans. Seniors in my home State of Maine have experienced
serious problems with inaccurate drug pricing information being
provided by the CMS website devoted to the new Medicare Part D plans,
www.medicare.gov. In one instance, the CMS website quoted one price for
a senior's drug costs for 2006 but the plan itself quoted a cost of
approximately $2,000 more than the CMS website. Under our bill,
beneficiaries could change plans without penalty if they relied on
misinformation from CMS to their detriment.
Beneficiaries would also be allowed to change plans without penalty
should their circumstances change significantly, due to medical
reasons, for example. Beneficiaries who meet these criteria would have
an extended period of time to change plans, a minimum of four months
rather than the current 90 days. The bill would also extend the annual
open season, as of 2007, from November 15th through December 31st, to a
full two months, from November 1st through December 31st, in order to
allow all beneficiaries more time outside the busy and travel-filled
holiday season to study and compare plans should they wish to make a
change.
Finally, our bill authorizes $25 million in funding for grants to
States, non-profit organizations, and other entities to conduct
additional education and outreach efforts on the drug benefit during
fiscal years 2007 and 2008.
Our goal is to ensure that beneficiaries have sufficient time,
comfort, and peace of mind to understand the new drug benefit and
enroll in a plan well-suited to their needs so they can derive the
much-needed assistance with their prescription drugs offered by these
plans. We must provide flexibility, safeguards, and outreach efforts
beyond what currently exists to reduce the anxiety and frustration that
too many seniors are experiencing today.
The new Medicare drug benefit is the first comprehensive outpatient
prescription drug benefit in the 40-year history of Medicare. The
benefit is not perfect by any means, but rather a beginning. I will
continue working to improve this benefit so that it will truly deliver
the assistance that our seniors so desperately need and deserve to
have.
______
By Mr. FRIST (for himself, Mr. Biden, and Mr. Lugar):
S. 2170. A bill to provide for global pathogen surveillance and
response; read twice.
Mr. FRIST. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 2170
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Global Pathogen Surveillance
Act of 2005''.
[[Page S14330]]
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) The frequency of the occurrence of biological events
that could threaten the national security of the United
States has increased and is likely increasing. The threat to
the United States from such events includes threats from
diseases that infect humans, animals, or plants regardless of
if such diseases are introduced naturally, accidentally, or
intentionally.
(2) The United States lacks an effective and real-time
system to detect, identify, contain, and respond to global
threats and also lacks an effective mechanism to disseminate
information to the national response community if such
threats arise.
(3) Bioterrorism poses a grave national security threat to
the United States. The insidious nature of a bioterrorist
attack, the likelihood that the recognition of such an attack
would be delayed, and the underpreparedness of the domestic
public health infrastructure to respond to such an attack
could result in catastrophic consequences following a
biological weapons attack against the United States.
(4) The ability to recognize that a country or organization
is carrying out a covert biological weapons programs is
dependent on a number of indications and warnings. A critical
component of this recognition is the timely detection of
sentinel events such as laboratory accidents and community-
level outbreaks that could be the earliest indication of an
emerging bioterrorist program in a foreign country. Early
detection of such events may enable earlier
counterproliferation intervention.
(5) A contagious pathogen engineered as a biological weapon
and developed, tested, produced, or released in a foreign
country could quickly spread to the United States.
Considering the realities of international travel, trade, and
migration patterns, a dangerous pathogen appearing naturally,
accidentally, or intentionally anywhere in the world can
spread to the United States in a matter of days, before any
effective quarantine or isolation measures could be
implemented.
(6) To combat bioterrorism effectively and ensure that the
United States is fully prepared to prevent, recognize, and
contain a biological weapons attack, or emerging infectious
disease, measures to strengthen the domestic public health
infrastructure and improve domestic event detection,
surveillance, and response, while absolutely essential, are
not sufficient.
(7) The United States should enhance cooperation with the
World Health Organization, regional international health
organizations, and individual countries, including data
sharing with appropriate agencies and departments of the
United States, to help detect and quickly contain infectious
disease outbreaks or a bioterrorism agent before such a
disease or agent is spread.
(8) The World Health Organization has done an impressive
job in monitoring infectious disease outbreaks around the
world, particularly with the establishment in April 2000 of
the Global Outbreak Alert and Response Network.
(9) The capabilities of the World Health Organization
depend on the quality of the data and information the
Organization receives from the countries that are members of
the Organization and is further limited by the narrow list of
diseases (such as plague, cholera, and yellow fever) on which
such surveillance and monitoring is based and by the
consensus process used by the Organization to add new
diseases to the list. Developing countries, in particular,
often are unable to devote the necessary resources to build
and maintain public health infrastructures.
(10) In particular, developing countries could benefit
from--
(A) better trained public health professionals and
epidemiologists to recognize disease patterns;
(B) appropriate laboratory equipment for diagnosis of
pathogens;
(C) disease reporting systems that--
(i) are based on disease and syndrome surveillance; and
(ii) could enable an effective response to a biological
event to begin at the earliest possible opportunity;
(D) a narrowing of the existing technology gap in disease
and syndrome surveillance capabilities, based on reported
symptoms, and real-time information dissemination to public
health officials; and
(E) appropriate communications equipment and information
technology to efficiently transmit information and data
within national, international regional, and international
health networks, including inexpensive, Internet-based
Geographic Information Systems (GIS) and relevant telephone-
based systems for early recognition and diagnosis of
diseases.
(11) An effective international capability to detect,
monitor, and quickly diagnose infectious disease outbreaks
will offer dividends not only in the event of biological
weapons development, testing, production, and attack, but
also in the more likely cases of naturally occurring
infectious disease outbreaks that could threaten the United
States. Furthermore, a robust surveillance system will serve
to deter, prevent, or contain terrorist use of biological
weapons, mitigating the intended effects of such malevolent
uses.
(b) Purposes.--The purposes of this Act are as follows:
(1) To provide the United States with an effective and
real-time system to detect biological threats that--
(A) utilizes classified and unclassified information to
detect such threats; and
(B) may be utilized by the human or the agricultural
domestic disease response community.
(2) To enhance the capability of the international
community, through the World Health Organization and
individual countries, to detect, identify, and contain
infectious disease outbreaks, whether the cause of those
outbreaks is intentional human action or natural in origin.
(3) To enhance the training of public health professionals
and epidemiologists from eligible developing countries in
advanced Internet-based disease and syndrome surveillance
systems, in addition to traditional epidemiology methods, so
that such professionals and epidemiologists may better
detect, diagnose, and contain infectious disease outbreaks,
especially such outbreaks caused by the pathogens that may be
likely to be used in a biological weapons attack.
(4) To provide assistance to developing countries to
purchase appropriate communications equipment and information
technology to detect, analyze, and report biological threats,
including--
(A) relevant computer equipment, Internet connectivity
mechanisms, and telephone-based applications to effectively
gather, analyze, and transmit public health information for
infectious disease surveillance and diagnosis; and
(B) appropriate computer equipment and Internet
connectivity mechanisms--
(i) to facilitate the exchange of Geographic Information
Systems-based disease and syndrome surveillance information;
and
(ii) to effectively gather, analyze, and transmit public
health information for infectious disease surveillance and
diagnosis.
(5) To make available greater numbers of public health
professionals who are employed by the Government of the
United States to international regional and international
health organizations, international regional and
international health networks, and United States diplomatic
missions, as appropriate.
(6) To expand the training and outreach activities of
United States laboratories located in foreign countries,
including the Centers for Disease Control and Prevention or
Department of Defense laboratories, to enhance the public
health capabilities of developing countries.
(7) To provide appropriate technical assistance to existing
international regional and international health networks and,
as appropriate, seed money for new international regional and
international networks.
SEC. 3. DEFINITIONS.
In this Act:
(1) Eligible developing country.--The term ``eligible
developing country'' means any developing country that--
(A) has agreed to the objective of fully complying with
requirements of the World Health Organization on reporting
public health information on outbreaks of infectious
diseases;
(B) has not been determined by the Secretary, for purposes
of section 40 of the Arms Export Control Act (22 U.S.C.
2780), section 620A of the Foreign Assistance Act of 1961 (22
U.S.C. 2371), or section 6(j) of the Export Administration
Act of 1979 (as in effect pursuant to the International
Emergency Economic Powers Act; 50 U.S.C. 1701 et seq.), to
have repeatedly provided support for acts of international
terrorism, unless the Secretary exercises a waiver certifying
that it is in the national interest of the United States to
provide assistance under the provisions of this Act; and
(C) is a party to the Convention on the Prohibition of the
Development, Production and Stockpiling of Bacteriological
(Biological) and Toxin Weapons and on Their Destruction, done
at Washington, London, and Moscow April 10, 1972 (26 UST
583).
(2) Eligible national.--The term ``eligible national''
means any citizen or national of an eligible developing
country who--
(A) does not have a criminal background;
(B) is not on any immigration or other United States watch
list; and
(C) is not affiliated with any foreign terrorist
organization.
(3) International health organization.--The term
``international health organization'' includes the World
Health Organization, regional offices of the World Health
Organization, and international health organizations, such as
the Pan American Health Organization.
(4) Laboratory.--The term ``laboratory'' means a facility
for the biological, microbiological, serological, chemical,
immuno-hematological, hematological, biophysical,
cytological, pathological, or other medical examination of
materials derived from the human body for the purpose of
providing information for the diagnosis, prevention, or
treatment of any disease or impairment of, or the assessment
of the health of, human beings.
(5) Secretary.--Unless otherwise provided, the term
``Secretary'' means the Secretary of State.
(6) Disease and syndrome surveillance.--The term ``disease
and syndrome surveillance'' means the recording of clinician-
reported symptoms (patient complaints) and signs (derived
from physical examination and laboratory data) combined with
simple geographic locators to track the emergence of a
disease in a population.
[[Page S14331]]
SEC. 4. ELIGIBILITY FOR ASSISTANCE.
(a) In General.--Except as provided in subsection (b),
assistance may be provided to an eligible developing country
under any provision of this Act only if the government of the
eligible developing country--
(1) permits personnel from the World Health Organization
and the Centers for Disease Control and Prevention to
investigate outbreaks of infectious diseases within the
borders of such country; and
(2) provides pathogen surveillance data to the appropriate
agencies and departments of the United States and to
international health organizations.
(b) Waiver.--The Secretary may waive the prohibition set
out in subsection (a) if the Secretary determines that it is
in the national interest of the United States to provide such
a waiver.
SEC. 5. RESTRICTION.
(a) In General.--Notwithstanding any other provision of
this Act, no foreign national participating in a program
authorized under this Act shall have access, during the
course of such participation, to a select agent or toxin
described in section 73.4 of title 42, Code of Federal
Regulations (or any corresponding similar regulation) or an
overlap select agent or toxin described in section 73.5 of
such title (or any corresponding similar regulation) that may
be used as, or in, a biological weapon, except in a
supervised and controlled setting.
(b) Relationship to Regulations.--The restriction set out
in subsection (a) may not be construed to limit the ability
of the Secretary of Health and Human Services to prescribe,
through regulation, standards for the handling of a select
agent or toxin or an overlap select agent or toxin described
in such subsection.
SEC. 6. FELLOWSHIP PROGRAM.
(a) Establishment.--There is established a fellowship
program under which the Secretary, in consultation with the
Secretary of Health and Human Services and subject to the
availability of appropriations, shall award fellowships to
eligible nationals to pursue public health education or
training, as follows:
(1) Master of public health degree.--Graduate courses of
study leading to a master of public health degree with a
concentration in epidemiology from an institution of higher
education in the United States with a Center for Public
Health Preparedness, as determined by the Director of the
Centers for Disease Control and Prevention.
(2) Advanced public health epidemiology training.--Advanced
public health training in epidemiology for public health
professionals from eligible developing countries to be
carried out at the Centers for Disease Control and
Prevention, an appropriate facility of a State, or an
appropriate facility of another agency or department of the
United States (other than a facility of the Department of
Defense or a national laboratory of the Department of Energy)
for a period of not less than 6 months or more than 12
months.
(b) Specialization in Bioterrorism.--In addition to the
education or training specified in subsection (a), each
recipient of a fellowship under this section (in this section
referred to as a ``fellow'') may take courses of study at the
Centers for Disease Control and Prevention or at an
equivalent facility on diagnosis and containment of likely
bioterrorism agents.
(c) Fellowship Agreement.--
(1) In general.--A fellow shall enter into an agreement
with the Secretary under which the fellow agrees--
(A) to maintain satisfactory academic progress, as
determined in accordance with regulations issued by the
Secretary and confirmed in regularly scheduled updates to the
Secretary from the institution providing the education or
training on the progress of the fellow's education or
training;
(B) upon completion of such education or training, to
return to the fellow's country of nationality or last
habitual residence (so long as it is an eligible developing
country) and complete at least 4 years of employment in a
public health position in the government or a
nongovernmental, not-for-profit entity in that country or,
with the approval of the Secretary, complete part or all of
this requirement through service with an international health
organization without geographic restriction; and
(C) that, if the fellow is unable to meet the requirements
described in subparagraph (A) or (B), the fellow shall
reimburse the United States for the value of the assistance
provided to the fellow under the fellowship program, together
with interest at a rate that--
(i) is determined in accordance with regulations issued by
the Secretary; and
(ii) is not higher than the rate generally applied in
connection with other Federal loans.
(2) Waivers.--The Secretary may waive the application of
subparagraph (B) or (C) of paragraph (1) if the Secretary
determines that it is in the national interest of the United
States to provide such a waiver.
(d) Agreement.--The Secretary, in consultation with the
Secretary of Health and Human Services, is authorized to
enter into an agreement with the government of an eligible
developing country under which such government agrees--
(1) to establish a procedure for the nomination of eligible
nationals for fellowships under this section;
(2) to guarantee that a fellow will be offered a
professional public health position within the developing
country upon completion of the fellow's studies; and
(3) to submit to the Secretary a certification stating that
a fellow has concluded the minimum period of employment in a
public health position required by the fellowship agreement,
including an explanation of how the requirement was met.
(e) Participation of United States Citizens.--On a case-by-
case basis, the Secretary may provide for the participation
of a citizen of the United States in the fellowship program
under the provisions of this section if--
(1) the Secretary determines that it is in the national
interest of the United States to provide for such
participation; and
(2) the citizen of the United States agrees to complete, at
the conclusion of such participation, at least 5 years of
employment in a public health position in an eligible
developing country or at an international health
organization.
(f) Use of Existing Programs.--The Secretary, with the
concurrence of the Secretary of Health and Human Services,
may elect to use existing programs of the Department of
Health and Human Services to provide the education and
training described in subsection (a) if the requirements of
subsections (b), (c), and (d) will be substantially met under
such existing programs.
SEC. 7. IN-COUNTRY TRAINING IN LABORATORY TECHNIQUES AND
DISEASE AND SYNDROME SURVEILLANCE.
(a) Laboratory Techniques.--
(1) In general.--The Secretary, after consultation with the
Secretary of Health and Human Services and in conjunction
with the Director of the Centers for Disease Control and
Prevention and the Secretary of Defense, and subject to the
availability of appropriations, shall provide assistance for
short training courses for eligible nationals who are
laboratory technicians or other public health personnel in
laboratory techniques relating to the identification,
diagnosis, and tracking of pathogens responsible for possible
infectious disease outbreaks.
(2) Location.--The training described in paragraph (1)
shall be held outside the United States and may be conducted
in facilities of the Centers for Disease Control and
Prevention located in foreign countries or in Overseas
Medical Research Units of the Department of Defense, as
appropriate.
(3) Coordination with existing programs.--The Secretary
shall coordinate the training described in paragraph (1),
where appropriate, with existing programs and activities of
international health organizations.
(b) Disease and Syndrome Surveillance.--
(1) In general.--The Secretary, after consultation with the
Secretary of Health and Human Services and in conjunction
with the Director of the Centers for Disease Control and
Prevention and the Secretary of Defense and subject to the
availability of appropriations, shall establish and provide
assistance for short training courses for eligible nationals
who are health care providers or other public health
personnel in techniques of disease and syndrome surveillance
reporting and rapid analysis of syndrome information using
Geographic Information System (GIS) tools.
(2) Location.--The training described in paragraph (1)
shall be conducted via the Internet or in appropriate
facilities located in a foreign country, as determined by the
Secretary.
(3) Coordination with existing programs.--The Secretary
shall coordinate the training described in paragraph (1),
where appropriate, with existing programs and activities of
international regional and international health
organizations.
SEC. 8. ASSISTANCE FOR THE PURCHASE AND MAINTENANCE OF PUBLIC
HEALTH LABORATORY EQUIPMENT AND SUPPLIES.
(a) Authorization.--The President is authorized to provide,
on such terms and conditions as the President may determine,
assistance to eligible developing countries to purchase and
maintain the public health laboratory equipment and supplies
described in subsection (b).
(b) Equipment and Supplies Covered.--The equipment and
supplies described in this subsection are equipment and
supplies that are--
(1) appropriate, to the extent possible, for use in the
intended geographic area;
(2) necessary to collect, analyze, and identify
expeditiously a broad array of pathogens, including mutant
strains, which may cause disease outbreaks or may be used in
a biological weapon;
(3) compatible with general standards set forth by the
World Health Organization and, as appropriate, the Centers
for Disease Control and Prevention, to ensure
interoperability with international regional and
international public health networks; and
(4) not defense articles, defense services, or training, as
such terms are defined in the Arms Export Control Act (22
U.S.C. 2751 et seq.).
(c) Rule of Construction.--Nothing in this section shall be
construed to exempt the exporting of goods and technology
from compliance with applicable provisions of the Export
Administration Act of 1979 (as in effect pursuant to the
International Emergency Economic Powers Act; 50 U.S.C. 1701
et seq.).
(d) Limitation.--Amounts appropriated to carry out this
section shall not be made available for the purchase from a
foreign country of equipment or supplies that, if made in the
United States, would be subject
[[Page S14332]]
to the Arms Export Control Act (22 U.S.C. 2751 et seq.) or
likely be barred or subject to special conditions under the
Export Administration Act of 1979 (as in effect pursuant to
the International Emergency Economic Powers Act; 50 U.S.C.
1701 et seq.).
(e) Procurement Preference.--In the use of grant funds
authorized under subsection (a), preference should be given
to the purchase of equipment and supplies of United States
manufacture. The use of amounts appropriated to carry out
this section shall be subject to section 604 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2354).
(f) Country Commitments.--The assistance provided under
this section for equipment and supplies may be provided only
if the eligible developing country that receives such
equipment and supplies agrees to provide the infrastructure,
technical personnel, and other resources required to house,
maintain, support, secure, and maximize use of such equipment
and supplies.
SEC. 9. ASSISTANCE FOR IMPROVED COMMUNICATION OF PUBLIC
HEALTH INFORMATION.
(a) Assistance for Purchase of Communication Equipment and
Information Technology.--The President is authorized to
provide, on such terms and conditions as the President may
determine, assistance to eligible developing countries to
purchase and maintain the communications equipment and
information technology described in subsection (b), and the
supporting equipment, necessary to effectively collect,
analyze, and transmit public health information.
(b) Covered Equipment.--The communications equipment and
information technology described in this subsection are
communications equipment and information technology that--
(1) are suitable for use under the particular conditions of
the area of intended use;
(2) meet the standards set forth by the World Health
Organization and, as appropriate, the Secretary of Health and
Human Services, to ensure interoperability with like
equipment of other countries and international organizations;
and
(3) are not defense articles, defense services, or
training, as those terms are defined in the Arms Export
Control Act (22 U.S.C. 2751 et seq.).
(c) Rule of Construction.--Nothing in this section shall be
construed to exempt the exporting of goods and technology
from compliance with applicable provisions of the Export
Administration Act of 1979 (as in effect pursuant to the
International Emergency Economic Powers Act; 50 U.S.C. 1701
et seq.).
(d) Limitation.--Amounts appropriated to carry out this
section shall not be made available for the purchase from a
foreign country of communications equipment or information
technology that, if made in the United States, would be
subject to the Arms Export Control Act (22 U.S.C. 2751 et
seq.) or likely be barred or subject to special conditions
under the Export Administration Act of 1979 (as in effect
pursuant to the International Emergency Economic Powers Act;
50 U.S.C. 1701 et seq.).
(e) Procurement Preference.--In the use of grant funds
under subsection (a), preference should be given to the
purchase of communications equipment and information
technology of United States manufacture. The use of amounts
appropriated to carry out this section shall be subject to
section 604 of the Foreign Assistance Act of 1961 (22 U.S.C.
2354).
(f) Assistance for Standardization of Reporting.--The
President is authorized to provide, on such terms and
conditions as the President may determine, technical
assistance and grant assistance to international health
organizations to facilitate standardization in the reporting
of public health information between and among developing
countries and international health organizations.
(g) Country Commitments.--The assistance provided under
this section for communications equipment and information
technology may be provided only if the eligible developing
country that receives such equipment and technology agrees to
provide the infrastructure, technical personnel, and other
resources required to house, maintain, support, secure, and
maximize use of such equipment and technology.
SEC. 10. ASSIGNMENT OF PUBLIC HEALTH PERSONNEL TO UNITED
STATES MISSIONS AND INTERNATIONAL
ORGANIZATIONS.
(a) In General.--Upon the request of the chief of a
diplomatic mission of the United States or of the head of an
international regional or international health organization,
and with the concurrence of the Secretary and of the employee
concerned, the head of an agency or department of the United
States may assign to the mission or the organization any
officer or employee of the agency or department that occupies
a public health position within the agency or department for
the purpose of enhancing disease and pathogen surveillance
efforts in developing countries.
(b) Reimbursement.--The costs incurred by an agency or
department of the United States by reason of the detail of
personnel under subsection (a) may be reimbursed to that
agency or department out of the applicable appropriations
account of the Department of State if the Secretary
determines that the agency or department may otherwise be
unable to assign such personnel on a non-reimbursable basis.
SEC. 11. EXPANSION OF CERTAIN UNITED STATES GOVERNMENT
LABORATORIES ABROAD.
(a) In General.--Subject to the availability of
appropriations, the Director of the Centers for Disease
Control and Prevention and the Secretary of Defense shall
each--
(1) increase the number of personnel assigned to
laboratories of the Centers for Disease Control and
Prevention or the Department of Defense, as appropriate,
located in eligible developing countries that conduct
research and other activities with respect to infectious
diseases; and
(2) expand the operations of such laboratories, especially
with respect to the implementation of on-site training of
foreign nationals and activities affecting the region in
which the country is located.
(b) Cooperation and Coordination Between Laboratories.--
Subsection (a) shall be carried out in such a manner as to
foster cooperation and avoid duplication between and among
laboratories.
(c) Relation to Core Missions and Security.--The expansion
of the operations of the laboratories of the Centers for
Disease Control and Prevention or the Department of Defense
located in foreign countries under this section may not--
(1) detract from the established core missions of the
laboratories; or
(2) compromise the security of those laboratories, as well
as their research, equipment, expertise, and materials.
SEC. 12. ASSISTANCE FOR INTERNATIONAL HEALTH NETWORKS AND
EXPANSION OF FIELD EPIDEMIOLOGY TRAINING
PROGRAMS.
(a) Authority.--The President is authorized, on such terms
and conditions as the President may determine, to provide
assistance for the purposes of--
(1) enhancing the surveillance and reporting capabilities
for the World Health Organization and existing international
regional and international health networks; and
(2) developing new international regional and international
health networks.
(b) Expansion of Field Epidemiology Training Programs.--The
Secretary of Health and Human Services is authorized to
establish new country or regional international Field
Epidemiology Training Programs in eligible developing
countries.
SEC. 13. FOREIGN BIOLOGICAL THREAT DETECTION AND WARNING.
(a) In General.--The President shall establish the Office
of Foreign Biological Threat Detection and Warning within
either the Department of Defense, the Central Intelligence
Agency, or the Centers for Disease Control and Prevention
with the technical ability to conduct event detection and
rapid threat assessment related to biological threats in
foreign countries.
(b) Purposes.--The purposes of the Office of Foreign
Biological Threat Detection and Warning shall be--
(1) to integrate public health, medical, agricultural,
societal, and intelligence indications and warnings to
identify in advance the emergence of a transnational
biological threat;
(2) to provide rapid threat assessment capability to the
appropriate agencies or departments of the United States that
is not dependent on access to--
(A) a specific biological agent;
(B) the area in which such agent is present; or
(C) information related to the means of introduction of
such agent; and
(3) to build the information visibility and decision
support activities required for appropriate and timely
information distribution and threat response.
(c) Technology.--The Office of Foreign Biological Threat
Detection and Warning shall employ technologies similar to,
but no less capable than, those used by the Intelligence
Technology Innovation Center (ITIC) within the Directorate of
Science and Technology of the Central Intelligence Agency to
conduct real-time, prospective, automated threat assessments
that employ social disruption factors.
(d) Event Detection Defined.--In this section, the term
``event detection'' refers to the real-time and rapid
recognition of a possible biological event that has appeared
in a community and that could have national security
implications, regardless of whether the event is caused by
natural, accidental, or intentional means and includes
scrutiny of such possible biological event by analysts
utilizing classified and unclassified information.
SEC. 14. REPORTS.
Not later than 90 days after the date of enactment of this
Act, the Secretary, in conjunction with the Secretary of
Health and Human Services and the Secretary of Defense, shall
submit to Congress a report on the implementation of programs
under this Act, including an estimate of the level of funding
required to carry out such programs at a sufficient level.
SEC. 15. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--Subject to subsection
(c), there is authorized to be appropriated for fiscal year
2006 such sums as may be necessary to carry out this Act.
(b) Availability of Funds.--The amount appropriated
pursuant to subsection (a) is authorized to remain available
until expended.
(c) Limitation on Obligation of Funds.--Not more than 10
percent of the amount appropriated pursuant to subsection (a)
may be obligated before the date on which a report is
submitted, or required to be submitted, whichever first
occurs, under section 14.
[[Page S14333]]
______
By Ms. LANDRIEU:
S. 2171. A bill to amend the Robert T. Stafford Disaster Relief and
Emergency Assistance Act to reauthorize the temporary mortgage and
rental payments program; to the Committee on Homeland Security and
Governmental Affairs.
______
By Ms. LANDRIEU:
S. 2172. A bill to provide for response to Hurricane Katrina by
establishing a Louisiana Recovery Corporation, providing for housing
and community rebuilding, and for other purposes; to the Committee on
Banking, Housing, and Urban Affairs.
Ms. LANDRIEU. Mr. President, I will speak just for a moment about
each of these important measures. Before I do, I know today has been a
long day, and it has been complicated by many procedural votes and a
series of bills that we just passed out of here, many important bills.
Of course, the Defense appropriations, Defense authorization bill, two
of the major bills that Congress works on throughout the year, and it
is important we get them through.
On the Defense appropriations bill, as it was amended, there was a
very important piece for the gulf coast, $29 billion direct relief
package. I will speak just for a moment about that because it has
bearing on what we are going to do in the future when we are faced with
catastrophic events.
Senator Vitter and I, my colleague from Louisiana, returned to the
Congress over 4 months ago to try to describe to our colleagues the
devastation that occurred with not one but two hurricanes and then
multiple levee breaks which have devastated a major American city and a
region, the southern part of Louisiana and Mississippi.
I have said now on many occasions that FEMA, on its best day, is not
adequate to address the emergency and enormous needs of the people who
have been affected: their need for housing, their need for employment,
their need for capital, their need for emotional security, their need
for public infrastructure, their need for police, their need for
firefighters, their need for health care, their need for education.
I cannot even describe the tremendous angst, anxiety, and despair
setting in on many communities in the gulf coast region because help
has been slow in coming. And when it has been offered, it has been
inadequate to address the situation we find ourselves in.
I do not know if we have ever considered what needs to be done when
we have a catastrophic incident such as we had. So we are going to come
back after the recess and I hope talk about how FEMA can be
restructured, how it can be made to be more efficient, how it can be
made to be more accountable, how it can be made to act more quickly.
But we are also going to need some additional tools.
That is what the two bills address I have introduced tonight as a
companion to a House bill that was introduced and has been worked on
very diligently by my colleague Congressman Richard Baker from Baton
Rouge, who is the ranking member on the Banking Committee in the House.
He has done some excellent work on this bill and has moved it out of
the House committee. It establishes a brand new corporation that can
step in. It would be established by appointment by the President and by
the Governor, with seven members, to establish a corporation that could
then access the capital markets by issuing bonds, to step up and into
the gulf coast area to work with our local officials, to work with the
officials at the city level, at the parish level, to provide
opportunities, to provide equity for homeowners who find themselves
with homes that are uninhabitable, with mortgages that need to be paid
and no possible way to sell their property because it is of
questionable value, given the situation.
We are very fortunate in America that we have not had to face these
tragedies very often, and this is the first time we faced a tragedy of
this magnitude. Mr. President, 275,000 homes destroyed, 10 times the
amount of homes destroyed by Hurricane Andrew in 1992. Mr. President,
28,000 homes were destroyed in the worst disaster before we faced Rita
and Katrina. But with 275,000 homes destroyed, clearly, we have to do
more than send money through FEMA.
Money is not the only answer for the challenges before us. So we need
new tools. That is why I have come to the Senate tonight to introduce,
after a long day, a bill that was crafted in the House by Congressman
Baker, amended through input from a variety of his colleagues in the
House, input from myself and some Senators in anticipation of the bill
moving over here, and have had a verbal commitment from Senator Shelby,
the chairman of the Banking Committee, and very positive comments from
Democrats on the Banking Committee that we could have an expedited
hearing on this bill when we return.
Because even with the $29 billion in direct aid that is included in
the Defense appropriations bill, I can promise my colleagues, to stand
up the great city of New Orleans and the region and the gulf coast is
going to take more than FEMA, more than direct aid through community
development block grants and aid to our schools and universities and
hospitals. It is going to take some new tools we are going to have to
invent, we are going to have to place into a toolbox and then give out
to local elected officials, to business leaders, to community
organizations, to rebuild this great community.
But the great opportunity is, if we can invent these tools, and we
can design them appropriately, they will then be available for us in
the event a catastrophe such as this or something similar strikes
again, whether it is an earthquake in San Francisco, massive tornadoes
in the Midwest or, God forbid, a terror strike that would decimate or
destroy a population or vast area such as we are experiencing from a
hurricane and levee breaks in New Orleans.
There is all this work we can do on this housing corporation bill
when we get back. I urge my colleagues' involvement because of the
extraordinary need, as outlined and expressed so beautifully by Senator
Stevens' remarks toward the end of this evening about how he was so
emotionally taken aback by what he saw in New Orleans. I can most
certainly understand it. Senator Vitter and I have been living that as
we have moved through New Orleans and the region and all through south
Louisiana, and share his view that more has to be done.
So these two bills that I introduce--one is a companion bill to
Congressman Baker's bill with some important, I think, improvements or
important amendments. One is to ensure a strong local input through
local advisory committees, appointed by parish governments and
municipalities. Also there is an underlining or emphasis, if you will,
that the corporation must comply with State and local planning
ordinances and direction.
This Senate version will also increase the potential equity recovery
from 60 percent to 80 percent and will increase the potential cap of
recovery from $500,000 to $750,000. We also put something in this bill
to try to give corporate or commercial property owners some relief.
So between the Baker bill in the House, which needs to continue to
move through the process, and this bill which will get, hopefully, some
expedited hearings when we return, hopefully, we can quickly put into
the hands of our communities, our large cities, our suburban areas, our
rural areas, and individual property owners--who have seen in the last
4 months everything they have worked for in their life, perhaps even a
little bit they were able to inherit, and all they hoped to pass on to
their children or their grandchildren gone, without a whole lot of
options for recovery--assistance.
We have every intention to rebuild our city and to rebuild our
region. Just as if there were an earthquake in San Francisco, I don't
think Congress would suggest that the millions of people who live there
should simply pick up and move to New York and abandon the city of San
Francisco, we have no intention of abandoning the city of New Orleans.
We may lie 5 feet below sea level, but let me assure you, there are
places in this world that are as or more productive than this region
that lie 20 feet below sea level and manage their water properly and
invest in their civil works properly in a way we could model ourselves
after and do very well.
The city of New Orleans and the State of Louisiana have contributed
billions of dollars to the economy of this Nation and to the general
fund of
[[Page S14334]]
this Nation, and we want to continue to do so. We are not asking for a
handout but a hand up. We are not asking for charity. We are asking for
a portion of the taxes we pay, a portion of the money we send to the
national Government, to be redirected, to give us the security for our
coast and our hurricane protection that we warrant and the industries
this infrastructure protects warrant for the benefit of not just the
4.5 million people who live in the State of Louisiana, and the 3
million-plus people who live in Mississippi, but which protect and
support the almost 300 million people who live in the United States of
America.
So these two bills are very important. I look forward to working on
them when we get back.
The second bill is a bill where we picked up an idea from the New
York situation, 9/11--a terrible situation that is still seared into
our memory and our collective conscience.
There were some real problems with housing following the destruction
of that neighborhood. This second bill I have introduced would allow
FEMA to extend some of their rental and housing programs to give some
immediate help to families who find themselves unable to recover their
equity for whatever reason out of the houses they have that are
uninhabitable but who have to find a decent place to live so they can
rebuild and regroup. That bill will address that situation.
Mrs. CLINTON. Mr. President, I rise today to introduce legislation
that will help ensure beneficiaries who are eligible for both Medicare
and Medicaid, the so-called ``dual-eligibles,'' make a smooth and
successful transition from Medicaid prescription drug coverage to
Medicare Part D.
The 6.4 million seniors and disabled Americans who are dually
eligible are the most vulnerable members of an already vulnerable
population. They are the poorest of the elderly, with incomes of less
than $10,000 per year. And they are the sickest of the elderly, with
approximately 25 percent residing in a long-term care facility. They
have significant health care needs, have often been diagnosed with
multiple chronic conditions, and are in greatest danger of being
affected by poor implementation of Medicare's new prescription drug
benefit.
On November 15, beneficiaries began signing up for Medicare Part D
prescription drug plans, and on January 1, the drug benefit actually
begins. But this date does not only mark the beginning of a new
Medicare drug benefit. For the 6.4 million dual eligibles, January 1 is
also the day that they stop receiving a Medicaid drug benefit.
I voted against the Medicare bill when it was before the Senate in
2003 and we are all well aware of the many flaws and shortcomings: the
insurance company slush fund, the ``donut hole,'' the prohibition on
the Government negotiating for lower drug costs and on the safe
importation of prescription medications, among others.
But the short timeframe in which dual eligibles have to complete this
transition is one of the most worrisome.
There are only 6 weeks between the time when seniors began signing up
for the new drug plans, and the date when Medicaid coverage ceases.
That means that dual eligibles--the poorest and sickest portion of the
Medicare population--have very little time in which to accurately
balance the benefits and drawbacks of their prescription drug plan
choices.
We're giving most seniors 6 months to consider their options of a
prescription drug plan, but we're giving the most vulnerable only 6
weeks.
While it would be my preference that the existence of a Medicaid drug
benefit be extended beyond January 1 to provide adequate time for the
transition, Republicans in Congress have blocked legislation that would
do this, leaving these individuals without coverage if their transition
from Medicaid to Medicare doesn't happen before the end of the year.
In response to the concern over the short implementation period, CMS
announced that it will automatically enroll dual eligibles in a
randomly chosen prescription drug plan by January 1, 2006.
CMS reports that at the end of November they had automatically
enrolled over 5 million of the 6.4 million dually eligible
beneficiaries in a Medicare Part D plan. But this leaves more than 1
million of our poorest and sickest vulnerable to falling through the
cracks if they are not enrolled in a Medicare Part D plan in the next
several weeks.
CMS Administrator Mark McClellan has himself said that some dual
eligibles may not be auto-enrolled before January 1, when their
Medicaid drug benefit ceases to exist. In fact, if CMS is able to auto-
enroll 95 percent of all dual eligibles, more than 300,000 would still
be left without prescription drug coverage and access to critical
medications. At 98 percent enrollment, almost 130,000 would be left
without coverage. These are unacceptable numbers.
In light of growing concern that some dual eligible beneficiaries
will arrive at their pharmacy counter on January 1 without coverage,
CMS has announced a procedure to allow pharmacies to fill the
prescription and a contractor to follow up with the beneficiary to
facilitate enrollment in a Part D plan.
While I am glad that CMS has taken this step, I am concerned that
pharmacies will not be aware of this option and some beneficiaries will
still fall through the cracks.
In addition, pharmacies will be charged a transaction fee if they use
this procedure and electronically inquire about the status of a
beneficiary that comes to their pharmacy counter and isn't sure what
coverage they have or if they have coverage at all.
The legislation I am introducing today aims to address this problem.
The Medicare Dual Eligible Identification and Enrollment Facilitation
Act would require outreach and education to pharmacies, particularly
independent pharmacies, and a hold harmless provision for transaction
fees that pharmacies incur when they use this procedure.
It is critical that we do everything we can to ensure that our most
vulnerable seniors do not fall through the cracks and the pharmacies
across the country are now our last line of defense. Helping them help
these beneficiaries and eliminating fees they incur for doing so are
simple but critical steps we should take to ensure that not a single
dual eligible beneficiary is left without prescription drug coverage.
I urge speedy passage of the Medicare Dual Eligible Identification
and Enrollment Facilitation Act.
______
By Mr. KENNEDY (for himself, Mr. Rockefeller, and Mr. Reid):
S. 2175. A bill to require the submittal to Congress of any
Presidential Daily Briefing relating to Iraq during the period
beginning on January 20, 1997, and ending on March 19, 2003; to the
Select Committee on Intelligence.
S. 2175
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SUBMITTAL TO CONGRESS OF CERTAIN PRESIDENTIAL
DAILY BRIEFINGS ON IRAQ.
(a) In General.--The Director of National Intelligence
shall submit to the congressional intelligence committees any
Presidential Daily Briefing (PDB), or any portion of a
Presidential Daily Briefing, of the Director of Central
Intelligence during the period beginning on January 20, 1997,
and ending on March 19, 2003, that refers to Iraq or
otherwise addresses Iraq in any fashion.
(b) Congressional Intelligence Committees Defined.--In this
section, the term ``congressional intelligence committees''
means--
(1) the Select Committee on Intelligence of the Senate; and
(2) the Permanent Select Committee on Intelligence of the
House of Representatives.
____________________