[Congressional Record Volume 152, Number 65 (Tuesday, May 23, 2006)]
[Senate]
[Pages S4968-S4970]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. KERRY:
  S. 2970. A bill to require the Secretary of Veterans Affairs to 
provide free credit monitoring and credit reports for veterans and 
others affected by the theft of veterans' personal data, to ensure that 
such persons are appropriately notified of such thefts, and for other 
purposes; to the Committee on Veterans' Affairs.
  Mr. KERRY. Mr. President, yesterday we learned that personal 
information, including names, dates of birth, and social security 
numbers of as many as 26.5 million Americans--overwhelmingly veterans--
may have been compromised. I know we are all shocked and concerned that 
so many of America's veterans could be in jeopardy of identity theft.
  The case is unique in many ways. This is not the result of computer 
hacking or private companies failing to protect data. This data was 
stolen from the home of a Department of Veterans Affairs employee.
  We have been told that the FBI, local police, and the VA Inspector 
General are all investigating. That aspect of this case should be left 
to them. There are other issues associated with security practices that 
must be explored by the VA and the appropriate oversight and 
investigatory bodies of Congress.
  But we in Congress have another responsibility. We must act now to 
help veterans secure their own identity and protect their credit. As we 
read in this morning's papers, experts tell us that this is the largest 
breach of Social Security numbers in history. A criminal

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can use this information to do grievous harm and perpetrate fraud on a 
massive scale.
  Mr. President, this isn't a private company that is responsible for 
this breach. It's the Department of Veterans Affairs of the United 
States Government and we have a moral obligation to make sure that we 
protect the identity and credit of every American veteran.
  That is why today I am introducing the Veterans Identity Protection 
Act of 2006--to ensure the government assumes its rightful 
responsibility to protect the identity security of so many Americans.
  This legislation will require the Department of Veterans Affairs to 
provide 1 year of credit monitoring to each affected individual. After 
that year, this legislation requires the VA to provide one free credit 
report to each person in addition to the free credit report already 
provided by the Fair Credit Reporting Act. As a result, after the full 
year of credit monitoring, those affected by this theft will have 
access to four free credit reports over the course of 2 additional 
years.
  The legislation provides $1.25 billion in budget authority in the 
first year to pay for these programs. The total cost over 3 years is 
estimated at $2.5 billion. That is a lot of money and I would urge the 
VA to negotiate reduced costs with the service providers. To be sure, 
this is no insignificant sum and the VA has many needs, but I hope my 
colleagues will join me in recognizing that this is not an optional 
course of action. It is something we have to do to protect American 
veterans. It is also an expense that the VA cannot realistically fund 
out of its strapped budget. We will need an emergency appropriation to 
fund this security initiative--but let us begin to do right by our 
veterans.
  Mr. President, I believe that caring for America's veterans is a 
continuing cost of war. I also believe that the United States 
government has a moral obligation to protect the identity security of 
those who are in jeopardy because of mistakes or the lax security 
practices of government employees.
  America's veterans put their lives on the line for all of us 
throughout history. Those who served in peace and in war, from Iwo Jima 
and Normandy to Baghdad and Kabul, shouldn't be forced to bear the 
additional cost and worry of protecting their security identity because 
the government put them at risk. We must act.
  Mr. President, thank you.
      By Ms. LANDRIEU:
  S. 2983. A bill to provide for the Department of Housing and Urban 
Development to coordinate Federal housing assistance efforts in the 
case of disasters resulting in long-term housing needs, to the 
Committee on Banking, Housing, and Urban Affairs.
  Ms. LANDRIEU. Mr President, there are countless examples of times 
when FEMA, the Federal Emergency Management Agency, did more harm than 
good in the aftermath of the 2005 hurricanes. While they could not 
avoid some of the problems and better planning could have helped avoid 
others, FEMA's lack of expertise in one area in particular has been 
especially problematic: disaster housing. Today, I am introducing the 
Natural Disaster Housing Reform Act of 2006 to put long-term disaster 
housing in the hands of the agency with the appropriate expertise: the 
Department of Housing and Urban Develpment, HUD. Congressman Baker 
introduced this legislation in the House of Representatives. I 
congratulate him on his leadership.
  I am not introducing this bill simply to gang up on FEMA. One could 
argue that the Agency is an easy target. Let me assure my colleagues 
that this is not my intention. I simply believe that for future 
disasters, the Federal Cabinet Agency with the expertise in housing 
should run disaster housing assistance.
  HUD has housing expertise. FEMA does not. HUD oversees 1.2 million 
public housing units. It administers the section 8 rental assistance 
program for 2.1 million families. They provide supportive housing for 
320,000 senior citizens and people with disabilities. HUD also has a 
network of more than 3,000 public housing agencies in cities and 
counties across the country, so it has the infrastructure already in 
place to meet emergency housing needs. In all, HUD provides housing 
assistance to over 3.3 million households nationwide. FEMA is simply 
not equipped to deal with the housing needs of hundreds of thousands of 
people after mass disasters like Katrina and Rita.
  FEMA's expertise lies in disaster preparedness and response, as well 
as short-term recovery needs: emergency shelter and financial 
assistance, infrastructure rebuilding, and financial support to 
communities. In smaller disasters that do not impact as widespread an 
area, FEMA can provide short-term housing assistance either by putting 
people up in hotels or giving them trailers to live in. But the 
displacement of hundreds of thousands of people over a wide area and 
the need to provide all of those people with housing assistance proved 
too much for FEMA. Its administration of the hotel program was marked 
by confusion and unrealistic termination deadlines that were constantly 
extended, causing additional anxiety for displaced victims who did not 
need more uncertainty. At such a time, an agency should not provide 
additional housing problems--it should provide housing solutions.
  The travel trailer program is extremely costly and inefficient. The 
cheapest trailer cost between $16,000 and $20,000 to purchase. Over the 
18-month life of assistance, including installation and maintenance, 
the travel trailers cost $59,800. That's $3,300 per month for the 
travel trailers--the low-end option. Mobile homes cost $76,800 over 18 
months. Compare this to the roughly $500 average monthly cost of a HUD 
section 8 rental voucher. These vouchers could be provided on an 
emergency basis at a far less than FEMA programs. HUD programs are also 
easily accessible. Everyone who was displaced by Katrina and Rita ended 
up near one of the 3,000 public housing authorities that administer HUD 
programs.
  The bill also contains provisions that my colleague from Louisiana, 
Senator Vitter, included in his bill S. 2771, the Disaster Housing 
Flexibility Act of 2006. That bill amends the Stafford Act to allow 
hurricane victims to receive modular housing if the President 
determines that such housing is more cost effective. I am pleased to 
include these provisions in the legislation I am introducing today.
  Mr. President, hurricane season starts next week. Across the Federal 
Government, agencies are getting ready. This legislation will help us 
avoid repeating some of the mistakes of the past in the event of 
another storm. This bill will create a more efficient, effective and 
responsive Federal housing assistance program for future disasters. 
Disaster victims need this efficiency and certainty, not a repeat of 
FEMA's woeful performance during Katrina.
  I thank the Chair and ask unanimous consent that my entire statement 
and a copy of the legislation be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2983

       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 ``Natural Disaster Housing 
     Reform Act of 2006''.

     SEC. 2. HUD AS LEAD AGENCY IN CASES OF DISASTERS RESULTING IN 
                   LONG-TERM HOUSING NEEDS.

       (a) In General.--It is the policy of the United States that 
     the Department of Housing and Urban Development shall be 
     primary Federal agency responsible for coordinating and 
     administering housing assistance in connection with any major 
     disaster (as such term is defined in section 102 of the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5122)) for any area that, pursuant to section 
     408(b)(2) of such Act, is determined to be an area for which 
     such disaster will result in long-term housing needs.
       (b) Consultation.--The Secretary of Housing and Urban 
     Development shall, in coordinating and administering housing 
     assistance pursuant to subsection (a), consult with the 
     Secretary of Homeland Security, the Director of the Federal 
     Emergency Management Agency, and such other heads of Federal 
     agencies as may be appropriate.
       (c) Use of Regional and Local Offices.--In coordinating and 
     administering housing assistance pursuant to subsection (a), 
     the Secretary of Housing and Urban Development shall utilize 
     staff and other resources of appropriate regional, field, and 
     area offices of the Department and consult and coordinate 
     with appropriate State and local housing agencies.
       (d) Preparedness.--The Secretary of Housing and Urban 
     Development shall take

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     such actions as may be necessary to ensure that officers and 
     staff of the Department at headquarters, regional, field, and 
     area offices at all times have the capability, capacity, 
     training, and resources necessary to carry out the 
     responsibilities under subsection (a).
       (e) Housing Assistance.--For purposes of this section, the 
     term ``housing assistance''--
       (1) means any assistance that is provided to individuals, 
     families, or households to respond to disaster-related 
     housing needs of individuals, families, or households who are 
     displaced from their predisaster primary residences or whose 
     predisaster primary residences are rendered uninhabitable as 
     a result of damage caused by a major disaster pursuant to--
       (A) the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5121 et seq.)); or
       (B) any other provision of law specifically providing funds 
     or assistance in connection with a major disaster; and
       (2) includes--
       (A) financial assistance;
       (B) the provision of temporary, transitional, and permanent 
     housing units;
       (C) assistance for repair, replacement, and construction of 
     housing units;
       (D) technical assistance; and
       (E) any other form or type of housing assistance.
       (f) Determination of Long-Term Housing Needs.--Section 
     408(b) of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5174(b)) is amended--
       (1) by redesignating paragraph (2) as paragraph (3); and
       (2) by inserting after paragraph (1) the following new 
     paragraph:
       ``(2) Determination of areas for which disaster results in 
     long-term housing needs.--
       ``(A) State request.--After the occurrence and declaration 
     of a major disaster, the Governor of a State containing any 
     area that is subject to the declaration by the President of 
     such major disaster may request the President to determine, 
     for all or any part of such area in the State, that the 
     disaster will result in long-term housing needs.
       ``(B) Standard.--
       ``(i) In general.--Upon a request pursuant to subparagraph 
     (A), the President shall determine whether to grant such 
     request.
       ``(ii) Findings.--The President shall grant such a request 
     and determine that the major disaster will result in long-
     term housing needs with respect to an area if the President 
     finds that the disaster will displace individuals or 
     households in the area from their predisaster primary 
     residences, or will render such predisaster primary 
     residences in the area uninhabitable, for a period of 30 days 
     or more.''.
       (g) Conforming Amendment.--Section 408(b) of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5174(b)), as amended by subsection (f) of this 
     section, is amended by adding at the end the following:
       ``(4) HUD administration.--In accordance with section 2 of 
     the Natural Disaster Housing Reform Act of 2006, in the case 
     of any area for which any major disaster is determined to 
     result in long-term housing needs pursuant to paragraph (2), 
     the President shall carry out the functions under this 
     section relating to housing assistance, including this 
     subsection and subsections (c) and (d), acting through the 
     Secretary of Housing and Urban Development.''.
       (h) Savings Provision.--This section and the amendments 
     made by this section may not be construed to affect, alter, 
     limit, or decrease the authority of the Director of the 
     Federal Emergency Management Agency in the overall 
     coordination of assistance and relief with respect to a major 
     disaster.

     SEC. 3. FEDERAL ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS.

       Section 408 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5174) is amended--
       (1) in subsection (b)--
       (A) in paragraph (3) (as so redesignated by section 2(f)(1) 
     of this Act), by adding at the end the following:
       ``(C) Manufactured modular housing.--In making any 
     determination of cost effectiveness under subparagraph (A), 
     the President shall consider whether or not manufactured 
     modular housing can be provided to an individual or household 
     at a cost to the Government that is less than the same cost 
     necessary to provide other readily fabricated dwellings.''; 
     and
       (B) by adding at the end the following:
       ``(5) Consent of owner.--
       ``(A) In general.--Notwithstanding paragraph (2)(C), the 
     President shall seek the consent of each individual or 
     household prior to providing such individual or household 
     with manufactured modular housing assistance.
       ``(B) Rejection of manufactured modular housing 
     assistance.--If an individual or household does not provide 
     consent under subparagraph (A), such individual or household 
     shall remain eligible for any other assistance available 
     under this section.
       ``(6) Owner contribution.--Nothing in this section shall be 
     construed to prevent an individual or household from 
     contributing, in addition to any assistance provided under 
     this section, such sums as are necessary in order to obtain 
     manufactured modular housing that is of greater size or 
     quality than that provided by the President under this 
     section.'';
       (2) in subsection (c)--
       (A) in paragraph (1)(A)(ii), by inserting ``the amount of 
     any security deposit for the accommodation, the amount of any 
     utility fees associated with the accommodation, and'' after 
     ``plus'';
       (B) in paragraph (2)--
       (i) in subparagraph (A)--

       (I) in clause (i), by striking ``(i)'' and inserting 
     ``(i)(I)'';
       (II) by redesignating clause (ii) as subparagraph (II); and
       (III) by adding at the end the following:

       ``(ii) the repair, to a safe and sanitary living or 
     functioning condition, of existing rental units that, upon 
     such repair, will be used as alternate housing accommodations 
     for individuals or households described in paragraph (1).'';
       (ii) in subparagraph (B)--

       (I) by striking ``this paragraph'' and inserting 
     ``subparagraph (A)(i)''; and
       (II) by inserting ``not'' after ``can''; and

       (iii) in subparagraph (C), by striking ``this paragraph'' 
     and inserting ``subparagraph (A)(i)''; and
       (C) in paragraph (4)--
       (i) in the paragraph heading, by inserting ``or semi-
     permanent'' after ``Permanent'';
       (ii) by inserting ``or semi-permanent'' after 
     ``permanent'';
       (iii) by striking ``in insular areas'' and inserting the 
     following: ``in--
       ``(A) insular areas'';
       (iv) by striking ``(A) no alternative'' and inserting ``(i) 
     no alternative'' and adjusting the margin accordingly;
       (v) by striking ``(B)'' and inserting ``(ii)'' and 
     adjusting the margin accordingly;
       (vi) by striking the period at the end and inserting ``; 
     and''; and
       (vii) by adding at the end the following:
       ``(B) any area in which the President declared a major 
     disaster or emergency in connection with Hurricane Katrina of 
     2005 during the period beginning on August 28, 2005, and 
     ending on December 31, 2007.'';
       (3) in subsection (d)(1), by adding at the end the 
     following:
       ``(C) Sites located in a floodplain.--Notwithstanding any 
     other provision of law, including section 9 of title 44, Code 
     of Federal Regulations (or any corresponding similar 
     regulation or ruling), any permanent, semi-permanent, or 
     temporary housing provided under this section, including any 
     readily fabricated dwelling, manufactured housing, or 
     manufactured modular housing, may be located in any area 
     identified by the Director as an area having special flood 
     hazards under section 102 of the Flood Disaster Protection 
     Act of 1973 (42 U.S.C. 4012a)).
       ``(D) Individual sites for manufactured modular housing.--
     Manufactured modular housing made available under this 
     section--
       ``(i) shall, whenever practicable, be located on a site 
     that is a discrete and separate parcel of land; and
       ``(ii) may not be located on a site that--

       ``(I) is managed by the Director; and
       ``(II) contains 3 or more other manufactured modular 
     housing units.''; and

       (4) by adding at the end the following:
       ``(j) Evacuation Plans.--The Director, in consultation with 
     the Governor of each State and the heads of such units of 
     local government as the Director may determine, shall develop 
     and maintain detailed and comprehensive mass evacuation plans 
     for individuals or households receiving assistance under this 
     section for the 18-month period beginning on the date of the 
     declaration of the disaster for which such assistance is 
     provided.''.
                                 ______