[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.''.
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