[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.

                          ____________________