[Congressional Record Volume 152, Number 86 (Wednesday, June 28, 2006)]
[Senate]
[Pages S6635-S6724]
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 Ms. Mikulski):
S. 3588. A bill to amend the Public Health Service Act to authorize
capitation grants to increase the number of nursing faculty and
students, and for other purposes; to the Committee on Health,
Education, Labor, and Pensions.
Mr. DURBIN. Mr. President, I would request the Chair to inform me
when I have used 6 minutes of the 10 minutes I have requested.
We have a lot of bipartisan battles in the Senate. I am going to try
to bring an issue to the consideration of the Senate and to their
attention which I believe is very bipartisan. It affects the State of
Alaska, the State of North Dakota, the State of Illinois, and the State
of Maine. It affects us all. What I am speaking to is the shortage of
nurses in America.
We face a critical shortage of nurses. The U.S. Department of Health
and Human Services looked at all of the licensed nurses and found that
in the year 2000, this country was 110,000 nurses short of what was
necessary to provide adequate health care. By 2005, the shortage had
doubled to 219,000 nurses. By 2020, we will be more than 1 million
nurses short of what is necessary to maintain quality health care in
America.
To avoid this shortage which the Department of Health and Human
Services projects, we have to substantially increase the number of
nursing graduates and those entering the workforce each year. Just to
replace the nurses who are retiring, we need to increase student
enrollment by at least 40 percent. The baseline supply for nurses--as
you can see on this chart--in our country, for the current time and
through the year 2020, is on a steady downward flow, whereas demand
goes up dramatically. If we had 90 percent more nursing graduates, we
still would not reach the projected demand in America as baby boomers
reach the point where they need help and many others need quality
nursing.
The problem is that there are not enough teachers at schools of
nursing. That is what it comes down to. Last year, nursing schools
across America denied admission to 35,000 qualified students because
there just weren't enough teachers.
In my home State of Illinois, schools of nursing are denying
qualified students admittance because of the shortage of teachers. This
is an indication
[[Page S6636]]
here. These are B.A. and graduate nursing programs in Illinois. These
are the enrollees and these are the numbers turned away. As you can
see, from the year 2002 to the present time, we are up to 2000
potential nursing graduates who are turned away each year despite their
qualifications because, sadly, we can't keep up with teaching them.
The American Association of Colleges of Nursing surveyed more than
400 schools of nursing this last year. Two-thirds of the schools,
represented by the blue part of this pie chart--69 percent reported
vacancies on their faculty. An additional 15 percent said that they
were fully staffed but still needed more faculty.
Statistics paint a bleak picture for the availability of nursing
faculty now and into the future. Take a look at the age of full-time
nursing faculty across America. Unfortunately, that reflects an older
population now teaching in our nursing schools, soon to retire. The
median age of a doctoral-prepared nursing faculty member in America is
52. The average age of retirement for faculty is 62. It is expected
that 200 to 300 doctorally prepared faculty will be eligible for
retirement each year from 2005 to 2012, reducing even more the faculty
available to train the nurses we need.
We think help should be on the way, and it should start in the
Senate. Our leader on the Democratic side of the aisle is Senator
Barbara Mikulski of Maryland. She has been the strong voice for nurses
as long as she has served in the Senate. I am happy today to join her
in introducing the Nurse Education Expansion and Development Act. The
Act would provide schools of nursing with grants to hire and retain new
faculty, purchase educational equipment, enhance clinical laboratories
and expand and repair infrastructure. This bill would also require the
Government Accountability Office, the GAO, to report on ways to
increase participation in the nurse faculty profession.
Nurses care for our kids, our grandkids, our parents--people whom we
love. We know the difference they make in everyone's life and
increasingly we are noticing the difference when we do not have enough
nurses, these dedicated men and women, when we need them the most. We
must take deliberate action now to solve this critical health care
problem. I urge all my colleagues on both sides of the aisle to support
this Mikulski-Durbin legislation. I think this is an important step in
the direction toward quality health care for generations to come.
Mr. President, I ask unanimous consent that the text of the bill 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. 3588
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 ``Nurse Education, Expansion,
and Development Act of 2006''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) While the Nurse Reinvestment Act (Public Law 107-205)
helped to increase applications to schools of nursing by 175
percent, schools of nursing have been unable to accommodate
the influx of interested students because they have an
insufficient number of nurse educators. It is estimated
that--
(A) in the 2005-2006 school year--
(i) 66 percent of schools of nursing had both 1 to 16
vacant faculty positions and needed additional faculty; and
(ii) an additional 15.7 percent of schools of nursing
needed additional faculty, but lacked the resources needed to
add more positions; and
(B) 41,683 eligible candidates were denied admission to
schools of nursing in 2005, primarily due to an insufficient
number of faculty members.
(2) A growing number of nurses with doctoral degrees are
choosing careers outside of education. Over the last few
years, there has been a 12 percent increase in doctoral
nursing graduates seeking employment outside the education
profession.
(3) The average age of nurse faculty at retirement is 62.5
years. With the average age of doctorally-prepared professors
currently at 57.5 years, a wave of retirements is expected
within the next 10 years.
(4) Master's and doctoral programs in nursing are not
producing a large enough pool of potential nurse educators to
meet the projected demand for nurses over the next 10 years.
While graduations from master's and doctoral programs in
nursing rose by 10.5 percent and 1.5 percent, respectively,
in the 2005-2006 school year, projections still demonstrate a
shortage of nurse faculty. Given current trends, there will
be at least 2,616 unfilled faculty positions in 2012.
(5) According to the November 2005 Monthly Labor Review
from the Bureau of Labor Statistics, more than 1,200,000 new
and replacement nurses will be needed by 2014.
SEC. 3. CAPITATION GRANTS TO INCREASE THE NUMBER OF NURSING
FACULTY AND STUDENTS.
(a) Grants.--Part D of title VIII of the Public Health
Service Act (42 U.S.C. 296p) is amended by adding at the end
the following:
``SEC. 832. CAPITATION GRANTS.
``(a) In General.--For the purpose described in subsection
(b), the Secretary, acting through the Health Resources and
Services Administration, shall award a grant each fiscal year
in an amount determined in accordance with subsection (c) to
each eligible school of nursing that submits an application
in accordance with this section.
``(b) Purpose.--A funding agreement for a grant under this
section is that the eligible school of nursing involved will
expend the grant to increase the number of nursing faculty
and students at the school, including by hiring new faculty,
retaining current faculty, purchasing educational equipment
and audiovisual laboratories, enhancing clinical
laboratories, repairing and expanding infrastructure, or
recruiting students.
``(c) Grant Computation.--
``(1) Amount per student.--Subject to paragraph (2), the
amount of a grant to an eligible school of nursing under this
section for a fiscal year shall be the total of the
following, as determined by the Secretary:
``(A) Not to exceed $1,800 for each full-time or part-time
student who is enrolled at the school in a graduate program
in nursing that--
``(i) leads to a master's degree, a doctoral degree, or an
equivalent degree; and
``(ii) prepares individuals to serve as faculty through
additional course work in education and ensuring competency
in an advanced practice area.
``(B) Not to exceed $1,405 for each full-time or part-time
student who--
``(i) is enrolled at the school in a program in nursing
leading to a bachelor of science degree, a bachelor of
nursing degree, a graduate degree in nursing if such program
does not meet the requirements of subparagraph (A), or an
equivalent degree; and
``(ii) has not more than 3 years of academic credits
remaining in the program.
``(C) Not to exceed $966 for each full-time or part-time
student who is enrolled at the school in a program in nursing
leading to an associate degree in nursing or an equivalent
degree.
``(2) Limitation.--In calculating the amount of a grant to
a school under paragraph (1), the Secretary may not make a
payment with respect to a particular student--
``(A) for more than 2 fiscal years in the case of a student
described in paragraph (1)(A) who is enrolled in a graduate
program in nursing leading to a master's degree or an
equivalent degree;
``(B) for more than 4 fiscal years in the case of a student
described in paragraph (1)(A) who is enrolled in a graduate
program in nursing leading to a doctoral degree or an
equivalent degree;
``(C) for more than 3 fiscal years in the case of a student
described in paragraph (1)(B); or
``(D) for more than 2 fiscal years in the case of a student
described in paragraph (1)(C).
``(d) Eligibility.--For purposes of this section, the term
`eligible school of nursing' means a school of nursing that--
``(1) is accredited by a nursing accrediting agency
recognized by the Secretary of Education;
``(2) has a passage rate on the National Council Licensure
Examination for Registered Nurses of not less than 80 percent
for each of the 3 school years preceding submission of the
grant application; and
``(3) has a graduation rate (based on the number of
students in a class who graduate relative to, for a
baccalaureate program, the number of students who were
enrolled in the class at the beginning of junior year or, for
an associate degree program, the number of students who were
enrolled in the class at the end of the first year) of not
less than 80 percent for each of the 3 school years preceding
submission of the grant application.
``(e) Requirements.--The Secretary may award a grant under
this section to an eligible school of nursing only if the
school gives assurances satisfactory to the Secretary that,
for each school year for which the grant is awarded, the
school will comply with the following:
``(1) The school will maintain a passage rate on the
National Council Licensure Examination for Registered Nurses
of not less than 80 percent.
``(2) The school will maintain a graduation rate (as
described in subsection (d)(3)) of not less than 80 percent.
``(3)(A) Subject to subparagraphs (B) and (C), the first-
year enrollment of full-time nursing students in the school
will exceed such enrollment for the preceding school year by
5 percent or 5 students, whichever is greater.
``(B) Subparagraph (A) does not apply to the first school
year for which a school receives a grant under this section.
``(4) Not later than 1 year after receipt of the grant, the
school will formulate and implement a plan to accomplish at
least 2 of the following:
[[Page S6637]]
``(A) Establishing or significantly expanding an
accelerated baccalaureate degree nursing program designed to
graduate new nurses in 12 to 18 months.
``(B) Establishing cooperative intradisciplinary education
among schools of nursing with a view toward shared use of
technological resources, including information technology.
``(C) Establishing cooperative interdisciplinary training
between schools of nursing and schools of allied health,
medicine, dentistry, osteopathy, optometry, podiatry,
pharmacy, public health, or veterinary medicine, including
training for the use of the interdisciplinary team approach
to the delivery of health services.
``(D) Integrating core competencies on evidence-based
practice, quality improvements, and patient-centered care.
``(E) Increasing admissions, enrollment, and retention of
qualified individuals who are financially disadvantaged.
``(F) Increasing enrollment of minority and diverse student
populations.
``(G) Increasing enrollment of new graduate baccalaureate
nursing students in graduate programs that educate nurse
faculty members.
``(H) Developing post-baccalaureate residency programs to
prepare nurses for practice in specialty areas where nursing
shortages are most severe.
``(I) Increasing integration of geriatric content into the
core curriculum.
``(J) Partnering with economically disadvantaged
communities to provide nursing education.
``(K) Expanding the ability of nurse managed health centers
to provide clinical education training sites to nursing
students.
``(5) The school will submit an annual report to the
Secretary that includes updated information on the school
with respect to student enrollment, student retention,
graduation rates, passage rates on the National Council
Licensure Examination for Registered Nurses, the number of
graduates employed as nursing faculty or nursing care
providers within 12 months of graduation, and the number of
students who are accepted into graduate programs for further
nursing education.
``(6) The school will allow the Secretary to make on-site
inspections, and will comply with the Secretary's requests
for information, to determine the extent to which the school
is complying with the requirements of this section.
``(f) Reports to Congress.--The Secretary shall evaluate
the results of grants under this section and submit to the
Congress--
``(1) not later than 18 months after the date of the
enactment of this section, an interim report on such results;
and
``(2) not later than the end of fiscal year 2009, a final
report on such results.
``(g) Application.--To seek a grant under this section, a
school nursing shall submit an application to the Secretary
at such time, in such manner, and containing such information
and assurances as the Secretary may require.
``(h) Authorization of Appropriations.--
``(1) In general.--For the costs of carrying out this
section (except the costs described in paragraph (2)), there
are authorized to be appropriated $75,000,000 for fiscal year
2007, $85,000,000 for fiscal year 2008, and $95,000,000 for
fiscal year 2009.
``(2) Administrative costs.--For the costs of administering
this section, including the costs of evaluating the results
of grants and submitting reports to the Congress, there are
authorized to be appropriated such sums as may be necessary
for each of fiscal years 2007, 2008, and 2009.''.
(b) GAO Study.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Comptroller General of the
United States shall conduct a study and submit a report to
the Congress on ways to increase participation in the nurse
faculty profession.
(2) Contents of report.--The report required by paragraph
(1) shall include the following:
(A) A discussion of the master's degree and doctoral degree
programs that are successful in placing graduates as faculty
in schools of nursing.
(B) An examination of compensation disparities throughout
the nursing profession and compensation disparities between
higher education instructional faculty generally and higher
education instructional nursing faculty.
______
By Mr. JEFFORDS (for himself, Ms. Snowe, Mr. Lautenberg, Mr.
Chafee, Mrs. Boxer, Mrs. Feinstein, Mrs. Clinton, Mr.
Lieberman, and Mr. Obama):
S. 3591. A bill to improve efficiency in the Federal Government
through the use of high-performance green buildings, and for other
purposes; to the Committee on Environment and Public Works,
Mr. JEFFORDS. Mr. President, it is with great pleasure that I rise
today to introduce the High-Performance Green Buildings Act of 2006.
This bipartisan bill will go far to further expand Federal green
building initiatives and ensure our Federal buildings and schools are
safe, efficient and good for the environment.
I would like to thank all of the bill's cosponsors for working with
me in a bipartisan manner to introduce this important legislation and
implore my colleagues to join us in moving this legislation forward.
Not only will this bill improve Federal building efficiency and
employee health and productivity, it also demonstrates the leadership
of the Federal Government on high-performance green buildings. This
bill seeks to codify existing green building initiatives outlined in
memorandums of understanding or executive orders, and further enhances
ongoing green building programs all across the Federal Government,
including the White House. I commend the past and current leadership of
the White House Office of the Federal Environmental Executive for all
they have done within the administration.
Preliminary studies are showing that high-performance green buildings
generate huge savings in utility costs due to their efficient operating
systems. These studies have also demonstrated that high-performance
green buildings provide a healthier work environment for the occupants,
resulting in fewer absences due to illness. This in turn increases
worker productivity and ensures fewer health related costs. All of
these savings are generated, while sustaining very little impact on
surrounding environments.
According to the Department of Energy, throughout the United States
buildings account for 39 percent of total energy use, 70 percent of
electricity consumption, 38.1 percent of greenhouse gas emissions, and
30 percent of raw materials use. The Environmental Protection Agency
reports that building related construction and demolition debris
account for nearly 37 percent of the total nonindustrial waste,
generating 136 million tons of waste in a single year. Building
occupants also consume 12 percent of potable water consumption. Why not
build buildings that strive to conserve our precious resources, reduce
the harmful pollutants that are damaging to the environment and utilize
recycled building materials?
In an era of great security concern, green buildings have reduced
energy requirements and may use renewable sources of energy that are
off the electricity grid. Green buildings also use less water and some
even collect rainwater to use throughout the building. Should there be
a terrorist act that damages or destroys our Nation's resources, these
buildings could assist in keeping our government up and running.
There is no downside to utilizing high-performance buildings. This
initiative is taking off in the private sector. According to the U.S.
Green Building Council, there are 500 certified green buildings across
the United States with 3,000 in the pipeline. This legislation would
ensure that the Federal Government is keeping pace with the real world
and doing its part to protect the environment and provide a safe
workplace for its employees.
In my home State of Vermont, environmental quality and economic
opportunity are inextricably linked and green buildings are a visible
representation of this connection. The design, construction, and
functioning of green buildings will not only enhance environmental
quality, worker productivity, and student learning, but will also
contribute to the enhancement of a new economy. Environmental
technologies and applications represent a new value added area of
economic growth that is both efficient and effective.
The Federal Government can learn from progressive policies being
implemented in the private sector, State government and our Nation's
universities. For example, the University of Vermont, understanding the
positive environmental, economic, and human resources benefits,
recently adopted a green building policy for its campus that would
ensure that all new construction and major renovations be at the
certified level of the U.S. Green Building Council's, USGBC, Leadership
in Energy and Environmental Design, LEED, green building rating system.
This policy is both responsible and affordable.
In the 108th Congress, I introduced S. 2620, the High-Performance
Green Buildings Act of 2004. This new bill updates that earlier version
and includes a few new provisions. This legislation will coordinate the
efforts within the
[[Page S6638]]
Federal Government to promote high-performance green buildings, provide
public outreach, and expand existing research.
The General Services Administration, GSA, is the largest civilian
landlord in the United States, with over 8,900 buildings in their
current inventory. This legislation creates an office within GSA to
oversee the green building efforts of agencies within the government.
The GSA is a natural leader to focus on our Federal buildings and
ensure that they are safe, healthy, and efficient. The GSA is working
to provide quality work environments for Federal workers through green
initiatives and is currently conducting research on how best to
increase workplace effectiveness and occupant comfort. This bill will
strengthen what they have already started.
The bill creates a green building advisory committee to advise the
office within GSA. The committee will be comprised of key
representatives from each relevant agency, State, and local
governments, green building associations, experts within the building
community, and environmental health experts for both adults and
children. This committee will enable the Federal Government to stay up
to date with technology and the latest advancements to ensure that
high-performance green buildings operate with the maximum efficiency
and provide a healthier environment for their occupants.
In addition, research efforts will be expanded to focus on buildings
and the impact their systems have on human health and worker
productivity. We just don't know enough about the impact of the built
environment on its occupants. Take natural daylight for instance.
Studies are showing that a simple thing like exposure to daylight
actually makes employees more productive and reduces absences due to
illness. I would like to pursue this further, as well as an indoor air
quality program for all Federal facilities. We need to not only ensure
the safety of working employees for existing buildings, but also during
construction and renovation of facilities.
The High-Performance Green Buildings Act also requires that a good
hard look be taken at the budget process we have used for years and
explore ways to improve the approval process for government projects.
We need to grow with the times and ensure that our budget process
allows us to take full advantage of life-cycle costing. This means that
we allow our financial experts to factor in savings that green
buildings generate over time, and not just look at the upfront cost of
a building. It has been documented that high-performance green
buildings recover any initial upfront costs from incorporating
efficient systems within the first few years of operation. The average
life of a Federal building is over 50 years. In the times of soaring
budget deficits, it is imperative the Federal Government pursue all
cost-saving options.
High-performance green buildings are not just for Federal buildings,
but involve any type of building, including schools. This legislation
focuses on providing healthier, more efficient school facilities for
our children. The Government Accountability Office reported years ago
that over 14 million children have their health affected by poor
conditions in schools. The Healthy Schools Network is now reporting 32
million children are at high risk of getting sick from their school
facility. It is unacceptable to stand by and let the Nation's children
become ill from preventable causes. This bill takes a modest step
forward and provides $10 million in grants to state and local education
agencies for technical assistance and the implementation of
Environmental Protection Agency's, EPA, programs to address
environmental conditions of our schools like the Tools for Schools
Program and the Healthy Schools Environmental Assessment Tool, Healthy
SEAT. The bill will help schools develop plans to focus on the design,
construction, and renovation of school facilities, and look at
systematic improvements for school siting, indoor air quality, reducing
contaminants, and other health issues. This legislation also encourages
research to study the effects these systems are having on student
health and productivity. Our children deserve to learn in an
environment that is safe and conducive to learning.
This bill will also promote leadership within the Federal Government
by requiring all new construction and acquisition be green, that leases
for Federal employees be energy efficient facilities and include green
design features, and that guidelines be issued on how to best
renegotiate existing leases to adopt these principles. Leadership is
also promoted through Federal incentives for government agencies to
build high-performance green buildings, as well as expanding the
monitoring of each Federal agency's performance in meeting green
building requirements and initiatives. It also creates a clearinghouse
to keep individuals and entities, including the Federal Government,
informed on the information and services that the office would provide.
Finally, by supporting this legislation, we will advance our
understanding of green building technologies and implications and
simultaneously advance our society. We have the capacity. This
legislation provides the Federal leadership to convert our academic
buildings to integral components of the curriculum rather than to just
facilities that house programs. As learning centers and demonstration
facilities, these green buildings will be an example to all of us to be
environmentally responsible citizens.
I strongly encourage your support of the High-Performance Green
Buildings Act of 2006 and ask unanimous consent that the text of the
High-Performance Green Buildings Act of 2006 be printed in the Record,
as well as the attached letters of support for the bill.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 3591
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``High-
Performance Green Buildings Act of 2006''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--OFFICE OF HIGH-PERFORMANCE GREEN BUILDINGS
Sec. 101. Oversight.
Sec. 102. Office of High-Performance Green Buildings.
Sec. 103. Green Building Advisory Committee.
Sec. 104. Public outreach.
Sec. 105. Research and development.
Sec. 106. Budget and life-cycle costing and contracting.
Sec. 107. Authorization of appropriations.
TITLE II--HEALTHY HIGH-PERFORMANCE SCHOOLS
Sec. 201. Definitions.
Sec. 202. Grants for healthy school environments.
Sec. 203. Federal guidelines for siting of school facilities.
Sec. 204. Environmental health program.
Sec. 205. Authorization of appropriations.
TITLE III--STRENGTHENING FEDERAL LEADERSHIP
Sec. 301. Incentives.
Sec. 302. Federal procurement.
Sec. 303. Federal green building performance.
TITLE IV--DEMONSTRATION PROJECT
Sec. 401. Coordination of goals.
Sec. 402. Authorization of appropriations.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of General Services.
(2) Committee.--The term ``Committee'' means the Green
Building Advisory Committee established under section 103(a).
(3) Director.--The term ``Director'' means the individual
appointed to the position established under section 101(a).
(4) Federal facility.--
(A) In general.--The term ``Federal facility'' means any
building or facility the intended use of which requires the
building or facility to be--
(i) accessible to the public; and
(ii) constructed or altered by or on behalf of the United
States.
(B) Exclusions.--The term ``Federal facility'' does not
include a privately-owned residential or commercial structure
that is not leased by the Federal Government.
(5) High-performance green building.--The term ``high-
performance green building'' means a building that, during
its life-cycle--
(A) reduces energy, water, and material resource use;
(B) improves indoor environmental quality including,
reducing indoor pollution, improving thermal comfort, and
improving lighting and acoustic environments that affect
occupant health and productivity;
(C) reduces negative impacts on the environment throughout
the life-cycle of the building, including air and water
pollution and waste generation;
[[Page S6639]]
(D) increases the use of environmentally preferable
products, including biobased, recycled content, and nontoxic
products with lower life-cycle impacts;
(E) increases reuse and recycling opportunities;
(F) integrates systems in the building;
(G) reduces the environmental and energy impacts of
transportation through building location and site design that
support a full range of transportation choices for users of
the building; and
(H) considers indoor and outdoor effects of the building on
human health and the environment, including--
(i) improvements in worker productivity;
(ii) the life-cycle impacts of building materials and
operations; and
(iii) other factors that the Office considers to be
appropriate.
(6) Life-cycle.--The term ``life-cycle'', with respect to a
high-performance green building, means all stages of the
useful life of the building (including components, equipment,
systems, and controls of the building) beginning at
conception of a green building project and continuing through
site selection, design, construction, landscaping,
commissioning, operation, maintenance, renovation,
deconstruction or demolition, removal, and recycling of the
green building.
(7) Life-cycle assessment.--The term ``life-cycle
assessment'' means a comprehensive system approach for
measuring the environmental performance of a product or
service over the life of the product or service, beginning at
raw materials acquisition and continuing through
manufacturing, transportation, installation, use, reuse, and
end-of-life waste management.
(8) Life-cycle costing.--The term ``life-cycle costing'',
with respect to a high-performance green building, means a
technique of economic evaluation that--
(A) sums, over a given study period, the costs of initial
investment (less resale value), replacements, operations
(including energy use), and maintenance and repair of an
investment decision; and
(B) is expressed--
(i) in present value terms, in the case of a study period
equivalent to the longest useful life of the building,
determined by taking into consideration the typical life of
such a building in the area in which the building is to be
located; or
(ii) in annual value terms, in the case of any other study
period.
(9) Office.--The term ``Office'' means the Office of High-
Performance Green Buildings established under section 102(a).
TITLE I--OFFICE OF HIGH-PERFORMANCE GREEN BUILDINGS
SEC. 101. OVERSIGHT.
(a) In General.--The Administrator shall establish within
the General Services Administration, and appoint an
individual to serve as Director in, a position in the career-
reserved Senior Executive service, to--
(1) establish and manage the Office in accordance with
section 102; and
(2) carry out other duties as required under this Act.
(b) Compensation.--The compensation of the Director shall
not exceed the maximum rate of basic pay for the Senior
Executive Service under section 5382 of title 5, United
States Code, including any applicable locality-based
comparability payment that may be authorized under section
5304(h)(2)(C) of that title.
SEC. 102. OFFICE OF HIGH-PERFORMANCE GREEN BUILDINGS.
(a) Establishment.--The Director shall establish within the
General Services Administration an Office of High-Performance
Green Buildings.
(b) Duties.--The Director shall--
(1) ensure full coordination of high-performance green
building information and activities within the General
Services Administration and all relevant agencies, including,
at a minimum--
(A) the Environmental Protection Agency;
(B) the Office of the Federal Environmental Executive;
(C) the Office of Federal Procurement Policy;
(D) the Department of Energy;
(E) the Department of Health and Human Services;
(F) the Department of Defense; and
(G) such other Federal agencies as the Director considers
to be appropriate;
(2) establish a senior-level Federal green building
advisory committee, which shall provide advice and
recommendations in accordance with section 103;
(3) identify and biennially reassess improved or higher
rating standards recommended by the Committee;
(4) establish a national high-performance green building
clearinghouse in accordance with section 104, which shall
provide green building information through--
(A) outreach;
(B) education; and
(C) the provision of technical assistance;
(5) ensure full coordination of research and development
information relating to high-performance green building
initiatives under section 105;
(6) identify and develop green building standards that
could be used for all types of Federal facilities in
accordance with section 105;
(7) establish green practices that can be used throughout
the life of a Federal facility;
(8) review and analyze current Federal budget practices and
life-cycle costing issues, and make recommendations to
Congress, in accordance with section 106; and
(9) complete and submit the report described in subsection
(c).
(c) Report.--Not later than 2 years after the date of
enactment of this Act, and biennially thereafter, the
Director shall submit to Congress a report that--
(1) describes the status of the green building initiatives
under this Act and other Federal programs in effect as of the
date of the report, including--
(A) the extent to which the programs are being carried out
in accordance with this Act; and
(B) the status of funding requests and appropriations for
those programs;
(2) identifies within the planning, budgeting, and
construction process all types of Federal facility procedures
that inhibit new and existing Federal facilities from
becoming high-performance green buildings as measured by--
(A) a silver rating, as defined by the Leadership in Energy
and Environmental Design Building Rating System standard
established by the United States Green Building Council (or
an equivalent rating); or
(B) an improved or higher rating standard, as identified by
the Committee;
(3) identifies inconsistencies, as reported to the
Committee, in Federal law with respect to product acquisition
guidelines and high-performance product guidelines;
(4) recommends language for uniform standards for use by
Federal agencies in environmentally responsible acquisition;
(5) in coordination with the Office of Management and
Budget, reviews the budget process for capital programs with
respect to alternatives for--
(A) restructuring of budgets to require the use of complete
energy- and environmental-cost accounting;
(B) using operations expenditures in budget-related
decisions while simultaneously incorporating productivity and
health measures (as those measures can be quantified by the
Office, with the assistance of universities and national
laboratories);
(C) permitting Federal agencies to retain all identified
savings accrued as a result of the use of life-cycle costing
for future high-performance green building initiatives; and
(D) identifying short- and long-term cost savings that
accrue from high-performance green buildings, including those
relating to health and productivity;
(6) identifies green, self-sustaining technologies to
address the operational needs of Federal facilities in times
of national security emergencies, natural disasters, or other
dire emergencies;
(7) summarizes and highlights development, at the State and
local level, of green building initiatives, including
executive orders, policies, or laws adopted promoting green
building (including the status of implementation of those
initiatives); and
(8) includes, for the 2-year period covered by the report,
recommendations to address each of the matters, and a plan
for implementation of each recommendation, described in
paragraphs (1) through (6).
(d) Implementation.--The Office shall carry out each plan
for implementation of recommendations under subsection
(c)(7).
SEC. 103. GREEN BUILDING ADVISORY COMMITTEE.
(a) Establishment.--Not later than 180 days after the date
of enactment of this Act, the Director shall establish a
committee to be known as the ``Green Building Advisory
Committee''.
(b) Membership.--The Committee shall be composed of
representatives of, at a minimum--
(1) each agency referred to in section 102(b)(1); and
(2) other relevant entities, as determined by the Director,
including at least 1 representative of each of the following:
(A) State and local governmental green building programs.
(B) Independent green building associations or councils.
(C) Building experts, including architects, material
suppliers, and construction contractors.
(D) Security advisors focusing on national security needs,
natural disasters, and other dire emergency situations.
(E) Children and adult environmental health experts.
(c) Meetings.--The Director shall establish a regular
schedule of meetings for the Committee, which shall convene a
minimum of 6 times each year.
(d) Duties.--The Committee shall provide advice and
expertise for use by the Director in carrying out the duties
under this Act, including such recommendations relating to
Federal activities carried out under sections 104 through 106
as are agreed to by a majority of the members of the
Committee.
(e) FACA Exemption.--The Committee shall not be subject to
the Federal Advisory Committee Act (5 U.S.C. App.).
SEC. 104. PUBLIC OUTREACH.
The Director, in coordination with the Committee, shall
carry out public outreach to inform individuals and entities
of the information and services available Government-wide
by--
(1) establishing and maintaining a national high-
performance green building clearinghouse, including on the
Internet, that--
(A) identifies existing similar efforts and coordinates
activities of common interest; and
(B) provides information relating to high-performance green
buildings, including
[[Page S6640]]
hyperlinks to Internet sites that describe the activities,
information, and resources of--
(i) the Federal Government;
(ii) State and local governments;
(iii) the private sector (including nongovernmental and
nonprofit entities and organizations); and
(iv) international organizations;
(2) identifying and recommending educational resources for
implementing high-performance green building practices,
including security and emergency benefits and practices;
(3) providing access to technical assistance on using tools
and resources to make more cost-effective, energy-efficient,
health-protective, and environmentally beneficial decisions
for constructing high-performance green buildings,
particularly tools available to conduct life-cycle costing
and life-cycle assessment;
(4) providing information on application processes for
certifying a high-performance green building, including
certification and commissioning; and
(5) providing technical information, market research, or
other forms of assistance or advice that would be useful in
planning and constructing high-performance green buildings;
and
(6) using such other methods as are determined by the
Director to be appropriate.
SEC. 105. RESEARCH AND DEVELOPMENT.
(a) Establishment.--The Director, in coordination with the
Committee, shall--
(1)(A) survey existing research and studies relating to
high-performance green buildings; and
(B) coordinate activities of common interest;
(2) develop and recommend a high-performance green building
research plan that--
(A) identifies information and research needs, including
the relationships between health, occupant productivity, and
each of--
(i) pollutant emissions from materials and products in the
building;
(ii) natural day lighting;
(iii) ventilation choices and technologies;
(iv) heating, cooling, and system control choices and
technologies;
(v) moisture control and mold;
(vi) maintenance, cleaning, and pest control activities;
(vii) acoustics; and
(viii) other issues relating to the health, comfort,
productivity, and performance of occupants of the building;
and
(B) promotes the development and dissemination of high-
performance green building measurement tools that, at a
minimum, may be used--
(i) to monitor and assess the life-cycle performance of
facilities (including demonstration projects) built as high-
performance green buildings; and
(ii) to perform life-cycle assessments;
(3) assist the budget and life-cycle costing functions of
the Office under section 106;
(4) study and identify potential benefits of green
buildings relating to security, natural disaster, and
emergency needs of the Federal Government; and
(5) support other research initiatives determined by the
Office.
(b) Indoor Air Quality.--The Director, in consultation with
the Committee, shall develop and implement a comprehensive
indoor air quality program for all Federal facilities to
ensure the safety of Federal workers and facility occupants--
(1) during new construction and renovation of facilities;
and
(2) in existing facilities.
SEC. 106. BUDGET AND LIFE-CYCLE COSTING AND CONTRACTING.
(a) Establishment.--The Director, in coordination with the
Committee, shall--
(1) identify, review, and analyze current budget and
contracting practices that affect achievement of high-
performance green buildings, including the identification of
barriers to green building life-cycle costing and budgetary
issues;
(2) develop guidance and conduct training sessions with
budget specialists and contracting personnel from Federal
agencies and budget examiners to apply life-cycle cost
criteria to actual projects;
(3) identify tools to aid life-cycle cost decisionmaking;
and
(4) explore the feasibility of incorporating the benefits
of green buildings, such as security benefits, into a cost-
budget analysis to aid in life-cycle costing for budget and
decision making processes.
SEC. 107. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this
title $4,000,000 for each of fiscal years 2007 through 2012,
to remain available until expended.
TITLE II--HEALTHY HIGH-PERFORMANCE SCHOOLS
SEC. 201. DEFINITIONS.
In this title:
(1) High-performance school.--The term ``high-performance
school'' has the meaning given the term ``healthy, high-
performance school building'' in section 5586 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7277e).
(2) Local educational agency.--The term ``local educational
agency'' has the meaning given the term in section 9101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(3) State educational agency.--The term ``State educational
agency'' has the meaning given the term in section 9101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
SEC. 202. GRANTS FOR HEALTHY SCHOOL ENVIRONMENTS.
(a) In General.--The Administrator of the Environmental
Protection Agency, in consultation with the Secretary of
Education and the Secretary of Health and Human Services, may
provide grants to State and local educational agencies for
use in--
(1) providing technical assistance for programs of the
Environmental Protection Agency (including the Tools for
Schools Program and the Healthy School Environmental
Assessment Tool) to schools for use in addressing
environmental issues; and
(2) development of State school environmental quality
plans, in partnership with the Environmental Protection
Agency, that include--
(A) standards for healthy high-performance school building
design, construction, and renovation;
(B) identification of ongoing school building environmental
problems in the State, including assessment of information on
the exposure of children to environmental hazards in school
facilities, as provided by the Administrator of the
Environmental Protection Agency;
(C) proposals for the systematic improvement (including
benchmarks and timelines) of environmental conditions in
schools throughout the State, including--
(i) school building siting, construction, and maintenance;
(ii) indoor air quality;
(iii) pest control;
(iv) radon contamination;
(v) lead contamination;
(vi) environmentally preferable purchasing of products for
classroom instruction and for maintenance;
(vii) hazard identification and remediation; and
(viii) modes of transportation available to students and
staff;
(D) recommendations for improvements in the capacity of the
State to track child and adult health complaints relating to
schools; and
(E) plans for operation as an emergency, self-sustaining
evacuation center.
(b) Other Grants.--The Administrator of the Environmental
Protection Agency may provide grants to qualified, nonprofit
organizations to assist in community and public education on
healthy school environments.
(c) Cost Sharing.--
(1) Federal share.--The Federal share of the cost of a
project or activity carried out using funds from a grant
under subsection (a) shall not exceed 90 percent.
(2) Non-federal share.--The non-Federal share of the cost
of a project or activity carried out using funds from a grant
under subsection (a) may be provided in the form of cash or
in-kind goods and services.
(d) Grant Priority.--
(1) In general.--In providing grants under this section for
use in carrying out the program referred to in subsection
(a)(1), the Administrator of the Environmental Protection
Agency, in consultation with the Secretary of Education,
shall give priority to school districts with need for
environmental improvement as identified in the school
environmental plans described in this section.
(2) Responsibility of school districts and state
educational agencies.--
(A) School districts.--Not later than 2 years after the
date of enactment of this Act, and annually thereafter, each
school district that receives funds from the Administrator of
the Environmental Protection Agency to carry out a program
described in subsection (a) shall submit to the State
educational agency with jurisdiction over the school district
a report that includes--
(i) a list of schools in the districts that, as of the date
of the report, have accepted funds or other assistance from
the Environmental Protection Agency for use in carrying out
this section; and
(ii) an overview of the impact of the funds, including--
(I) general data regarding measures of student health and
attendance rates before and after grant intervention; and
(II) descriptions of toxic or hazardous cleaning,
maintenance, or instructional products eliminated or reduced
in use as part of the promotion or remediation of the indoor
air quality of schools within the school district; and
(iii) basic information on the potential influence of other
factors (such as the installation of carpet and HVAC systems
and similar activities) on air quality.
(B) State educational agency reports.--Not later than 180
days after the date on which each State educational agency
has received the annual reports under subparagraph (A) from
all participating school districts, the State educational
agency shall submit to the Administrator of the Environmental
Protection Agency and Congress a consolidated report of all
information received from the school districts.
SEC. 203. FEDERAL GUIDELINES FOR SITING OF SCHOOL FACILITIES.
The Administrator of the Environmental Protection Agency,
in consultation with the Secretary of Education and the
Secretary of Health and Human Services, shall develop school
site selection guidelines that account for--
(1) the special vulnerability of children to hazardous
substances or pollution exposures in any case in which the
potential for contamination at a potential school site
exists, as determined by the Administrator of the
Environmental Protection Agency, in consultation with the
Secretary of Education;
[[Page S6641]]
(2) modes of transportation available to students and
staff; and
(3) the potential use of a school at the site as an
emergency shelter.
SEC. 204. ENVIRONMENTAL HEALTH PROGRAM.
(a) In General.--The Administrator of the Environmental
Protection Agency, in consultation with the Secretary of
Education, the Secretary of Health and Human Services, and
other relevant agencies, shall issue guidelines for use by
the State in developing and implementing an environmental
health program for schools that--
(1) takes into account the status and findings of Federal
research initiatives established under this Act and other
relevant Federal law with respect to school facilities,
including relevant updates on trends in the field, such as
the impact of school facility environments on student and
staff--
(A) health, safety, and productivity; and
(B) disabilities or special needs;
(2) provides research using relevant tools identified or
developed in accordance with section 105 to quantify the
relationships between--
(A) human health, occupant productivity, and student
performance; and
(B) with respect to school facilities, each of--
(i) pollutant emissions from materials and products;
(ii) natural day lighting;
(iii) ventilation choices and technologies;
(iv) heating and cooling choices and technologies;
(v) moisture control and mold;
(vi) maintenance, cleaning, and pest control activities;
(vii) acoustics; and
(viii) other issues relating to the health, comfort,
productivity, and performance of occupants of the school
facilities;
(3) provides technical assistance on siting, design,
management, and operation of school facilities, including
facilities used by students with disabilities or special
needs;
(4) collaborates with federally funded pediatric
environmental health centers to assist in on-site school
environmental investigations;
(5) assists States and the public in better understanding
and improving the environmental health of children; and
(6) provides to the Office a biennial report of all
activities carried out under this title, which the Director
shall include in the report described in section 102(c).
(b) Public Outreach.--The Director shall ensure, to the
maximum extent practicable, that the public clearinghouse
established under section 104 receives and makes available--
(1) information from the Administrator of the Environmental
Protection Agency that is contained in the report described
in subsection (a)(6); and
(2) information on the exposure of children to
environmental hazards in school facilities, as provided by
the Administrator of the Environmental Protection Agency.
SEC. 205. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this
title $10,000,000 for the period of fiscal years 2007 through
2012, to remain available until expended.
TITLE III--STRENGTHENING FEDERAL LEADERSHIP
SEC. 301. INCENTIVES.
As soon as practicable after the date of enactment of this
Act, the Director shall identify incentives to encourage the
use of green buildings and related technology in the
operations of the Federal Government, including through--
(1) the provision of recognition awards; and
(2) the maximum feasible retention of financial savings in
the annual budgets of Federal agencies for use in reinvesting
in future green building initiatives.
SEC. 302. FEDERAL PROCUREMENT.
(a) In General.--Not later than 2 years after the date of
enactment of this Act, the Director of the Office of Federal
Procurement Policy, in consultation with the Director and the
Under Secretary of Defense for Acquisition, Technology, and
Logistics, shall promulgate revisions of the applicable
acquisition regulations, to take effect as of the date of
promulgation of the revisions--
(1) to direct any Federal procurement executives involved
in the acquisition, construction, or major renovation
(including contracting for the construction or major
renovation) of any facility--
(A) to employ integrated design principles;
(B) to improve site selection for environmental and
community benefits;
(C) to optimize building and systems energy performance;
(D) to protect and conserve water;
(E) to enhance indoor environmental quality; and
(F) to reduce environmental impacts of materials and waste
flows; and
(2) to direct Federal procurement executives involved in
leasing buildings, to give preference to the lease of
facilities that--
(A) are energy-efficient; and
(B) to the maximum extent practicable, have applied
contemporary high-performance and sustainable design
principles during construction or renovation.
(b) Guidance.--Not later than 90 days after the date of
promulgation of the revised regulations under subsection (a),
the Director shall issue guidance to all Federal procurement
executives providing direction and instructions to
renegotiate the design of proposed facilities, renovations
for existing facilities, and leased facilities to incorporate
improvements that are consistent with this section.
SEC. 303. FEDERAL GREEN BUILDING PERFORMANCE.
(a) In General.--Not later than October 31 of each of the 2
fiscal years following the fiscal year in which this Act is
enacted, and at such times thereafter as the Comptroller
General of the United States determines to be appropriate,
the Comptroller General of the United States shall, with
respect to the fiscal years that have passed since the
preceding report--
(1) conduct an audit of the implementation of this Act; and
(2) submit to the Office, the Committee, the Administrator,
and Congress a report describing the results of the audit.
(b) Contents.--An audit under subsection (a) shall include
a review, with respect to the period covered by the report
under subsection (a)(2), of--
(1) budget, life-cycle costing, and contracting issues,
using best practices identified by the Comptroller General of
the United States and heads of other agencies in accordance
with section 106;
(2) the level of coordination among the Office, the Office
of Management and Budget, and relevant agencies;
(3) the performance of the Office in carrying out the
implementation plan;
(4) the design stage of high-performance green building
measures;
(5) high-performance building data that were collected and
reported to the Office; and
(6) such other matters as the Comptroller General of the
United States determines to be appropriate.
(c) Consultation.--The Director shall consult with the
Committee to enhance and assist the implementation of the
Environmental Stewardship Scorecard announced at the White
House Summit on Federal sustainable buildings in January
2006, to measure the implementation by each Federal agency of
sustainable design and green building initiatives.
TITLE IV--DEMONSTRATION PROJECT
SEC. 401. COORDINATION OF GOALS.
(a) In General.--The Director shall establish guidelines to
implement a demonstration project to contribute to the
research goals of the Office.
(b) Projects.--In accordance with guidelines established by
the Director under subsection (a) and the duties of the
Director described in title I, the Director shall carry out--
(1) for each of fiscal years 2008 through 2013, 1
demonstration project in a Federal building selected by the
Director in accordance with relevant agencies and described
in subsection (c)(1), that--
(A) provides for the evaluation of the information obtained
through the conduct of projects and activities under this
Act; and
(B) achieves a platinum rating, as defined by the
Leadership in Energy and Environmental Design Building Rating
System standard established by the United States Green
Building Council (or equivalent rating); and
(2) no fewer than 4 demonstration projects at 4
universities, that, as competitively selected by the Director
in accordance with subsection (c)(2), have--
(A) appropriate research resources and relevant projects to
meet the goals of the demonstration project established by
the Office; and
(B) the ability--
(i) to serve as a model for high-performance green building
initiatives, including research and education;
(ii) to identify the most effective ways to use high-
performance green building and landscape technologies to
engage and educate undergraduate and graduate students;
(iii) to effectively implement a high-performance green
building education program for students and occupants;
(iv) to demonstrate the effectiveness of various high-
performance technologies in each of the 4 climatic regions of
the United States described in subsection (c)(2)(B); and
(v) to explore quantifiable and nonquantifiable beneficial
impacts on public health and employee and student
performance.
(c) Criteria.--
(1) Federal facilities.--With respect to the existing or
proposed Federal facility at which a demonstration project
under this section is conducted, the Federal facility shall--
(A) be an appropriate model for a project relating to--
(i) the effectiveness of high-performance technologies;
(ii) analysis of materials, components, systems, and
emergency operations in the building, and the impact of those
materials, components, and systems, including the impact on
the health of building occupants;
(iii) life-cycle costing and life-cycle assessment of
building materials and systems; and
(iv) location and design that promote access to the Federal
facility through walking, biking, and mass transit; and
(B) possess sufficient technological and organizational
adaptability.
(2) Universities.--With respect to the 4 universities at
which a demonstration project under this section is
conducted--
(A) the universities should be selected, after careful
review of all applications received containing the required
information, as determined by the Director, based on--
(i) successful and established public-private research and
development partnerships;
[[Page S6642]]
(ii) demonstrated capabilities to construct or renovate
buildings that meet high indoor environmental quality
standards;
(iii) organizational flexibility;
(iv) technological adaptability;
(v) the demonstrated capacity of at least 1 university to
replicate lessons learned among nearby or sister
universities, preferably by participation in groups or
consortia that promote sustainability;
(vi) the demonstrated capacity of at least 1 university to
have officially-adopted, institution-wide ``green building''
guidelines for all campus building projects; and
(vii) the demonstrated capacity of at least 1 university to
have been recognized by similar institutions as a national
leader in sustainability education and curriculum for
students of the university; and
(B) each university shall be located in a different
climatic region of the United States, each of which regions
shall have, as determined by the Office--
(i) a hot, dry climate;
(ii) a hot, humid climate;
(iii) a cold climate; or
(iv) a temperate climate (including a climate with cold
winters and humid summers).
(d) Report.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter through
September 30, 2013--
(1) the Director shall submit to the Administrator a report
that describes the status of the demonstration projects; and
(2) each University at which a demonstration project under
this section is conducted shall submit to the Administrator a
report that describes the status of the demonstration
projects under this section.
SEC. 402. AUTHORIZATION OF APPROPRIATIONS.
(a) Federal Demonstration Project.--There is authorized to
be appropriated to carry out the Federal demonstration
project described in section 401(b)(1) $10,000,000 for the
period of fiscal years 2008 through 2013, to remain available
until expended.
(b) University Demonstration Projects.--There is authorized
to be appropriated to carry out the university demonstration
projects described in section 401(b)(2) $10,000,000 for the
period of fiscal years 2008 through 2013, to remain available
until expended.
There being no objection, the material was ordered to be printed in
the Record, as follows:
The American Institute
of Architects,
Washington, DC, June 15, 2006.
Hon. James M. Jeffords,
U.S. Senate, Dirksen Senate Office Building, Washington, DC.
Dear Senator Jeffords: The American Institute of Architects
has identified ``sustainability'' as the number one issue
among our 75,000 members nationwide. We are concerned about
the effects that America's pattern of energy use is having on
the world's climate. And we are particularly concerned about
the adverse effects that thoughtlessly designed buildings can
have on the natural environment.
We believe that it is currently possible to design and
operate buildings of all types in ways that conserve
resources and drastically reduce their environmental impact.
For that reason, we strongly support incentives to create
more sustainable architecture.
The High Performance Green Buildings Act of 2006, which you
are sponsoring, is an excellent start toward moving the
federal government in the direction of sustainable
architecture. The bill will create a specific Office of High
Performance Green Buildings within the General Services
Administration as well as an Advisory Committee of green
building experts to assist that office in advancing the cause
of sustainability within the federal government.
The bill will also mandate the consideration of life-cycle
costing in the design and procurement of federal buildings; a
concept long supported by the AIA. The bill will create a
grants program for high performance and healthy schools, as
well as health-based guidelines for school construction. It
is a matter of great concern to the AIA that our Nation's
school facilities are in a degraded condition and that
significant improvement in student health and productivity
could be achieved through upgrading the structures that now
house our next generations.
The AIA is particularly supportive of the provisions of the
bill that call for revisions to the Federal Acquisition
Regulations to incorporate green design criteria into Federal
contracting for construction or renovation of Federal
buildings.
The AIA commends you for your leadership in taking on these
complex issues that are closely intertwined with the Nation's
environmental, energy and educational future. The AIA
supports your efforts, supports your bill and would like to
work with you to get it passed into law.
Sincerely,
Christine W. McEntee,
Executive Vice President/CEO.
____
Healthy Schools Network, Inc.,
June 23, 2006.
Support for High-Performance Green Buildings Act of 2006.
Hon. James Jeffords,
U.S. Senate, Dirksen Senate Office Building, Washington, DC.
Dear Senator Jeffords: Children do better with a little
fresh air and sunshine, indoors and out. The call for
healthier schools is a ``back to basics'' drive, recalling
neighborhood schools with high ceilings and tall windows that
captured natural light and ventilation and with durable
floors and walls that were easy to maintain.
Healthy Schools Network, Inc. is a national environmental
health not for profit representing parent, environment,
health, and education groups and individuals who are
dedicated to ensuring that every child and school employee
has an environmentally healthy school. Our reports,
informational services, and advocacy have shaped new
policies, laws, regulations, and funds for school facilities
in New York and Federally, and fostered local and state
coalitions Nationwide. We were honored to receive a US EPA
Children's Health Protection Award in 2005 for our Healthy
Schools/Healthy Kids Clearinghouse that has helped parents,
schools, and nonprofits in every state.
We support the High-Performance Green Buildings Act of 2006
and the creation of an Office of High-Performance Green
Buildings. We strongly support the Act's Title II Healthy
High Performance Schools provisions to improve our nation's
school facilities and our children's health and learning.
Title II authorizes U.S. EPA, advised by Education and
Health and Human Services, to make grants to the states to
develop school environmental quality plans, including state
standards for school design that incorporate energy
efficiency, indoor air quality, and low-emission interior
finishes and products, as well as resource conservation. This
one step alone will allow each state to adapt design
protocols for use by local schools, as well as to consider
how best to ``mix and match'' public and private resources
for implementation. In addition, the creation of systematic
state plans could identify ongoing school environmental
problems and propose locally appropriate and system-wide
improvements for siting, indoor air quality, lead
contamination and pest problems, ``green'' purchasing, and
outline plans for using schools as emergency centers.
The Act also authorizes U.S. EPA to develop Federal
guidelines for the siting of schools, taking into account the
special vulnerability of children to hazardous substances,
modes of transportation, and the potential use of schools as
emergency shelters. U.S. EPA and the Agency for Toxic
Substances and Disease Registry have collected data on
schools sited near or adjacent to hazardous facilities.
In addition, Title II authorizes US EPA, advised by
Education and Health and Human Services, to issue guidelines
for use by states in developing and implementing an
environmental health program for schools. This program would
provide research on children's health and school facilities
and provide technical assistance on siting, design,
management, and operation of schools; collaborate with the
Federally sponsored pediatric environmental health specialty
units to assist with any onsite environmental investigations;
and assist states and the public in understanding and
improving the environmental health of children.
This Nation has a long way to go to ensure that our
children have healthy learning places. In 1996, the US GAO
estimated that the poor condition of schools daily eroded the
health of 14 million children. US EPA estimates that half of
the nation's 120,000 schools have compromised indoor
environmental quality. Indoor air pollution is a top-five
human health hazard; asthma is the leading cause of
absenteeism and the leading occupational disease among
teachers. In 2004, the US Department of Education Office of
the Under Secretary published its Congressionally mandated
National Priority Study A Summary of Scientific Findings on
Adverse Effects of Indoor Environments on Students' Health,
Academic Peiformance and Attendance (http://www.iehinc.com/
PDF/effects%20on%20students.pdf), finding that the evidence
suggested that poor environments adversely influences student
health, performance, and attendance. In the national report
Lessons Learned (2006), which presents state by state data
analyses and stories of sick or injured children, our office
and our two dozen organizational collaborators estimated the
number of children at high risk at 32 million of the 54
million enrolled. (See http://www.healthyschools.org/guides
materials.html)
The need for healthier schools is now. At a time when our
nation is demanding a better performance from every child and
from every school, we need to ensure that every child has an
environmentally healthy school. Healthier school facilities,
designed, built, and cleaned and maintained as healthy high
performance facilities--often at no additional local cost--
are known to positively affect children's performance and
attendance and teacher productivity. They are also associated
with lower suspension rates. Designing more energy efficient
facilities or replacing old heating and ventilating systems
with up to date efficient systems or systems using renewable
energy resources could save schools and their taxpayers
billions of dollars annually.
We commend you for your leadership on these important
issues and look forward to working with you and the sponsors
towards the timely enactment and funding for this important
legislation.
Sincerely,
Claire L. Barnett,
Executive Director.
[[Page S6643]]
____
Environmental and Energy
Study Institute,
Washington, DC, June 27, 2006.
Hon. James M. Jeffords,
U.S. Senate,
Washington, DC.
Dear Senator Jeffords: The Environmental and Energy Study
Institute (EESI) strongly supports the High-Performance Green
Buildings Act of 2006 you are introducing to advance the
development of green building facilities for both federal
agencies and schools. This legislation will:
--increase U.S. competitiveness in the increasingly global
green building market
--accelerate expansion of the green building market within
the United States through widespread Federal procurement,
expanded research, and establishment of a green building
information clearinghouse
--improve student and worker health and productivity
through better indoor air quality
--increase U.S. energy savings
--support the growth of domestic recycled and biobased
product markets that can help reduce the country's reliance
on imported oil and
--reduce the environmental impacts of the country's built
environment.
The General Services Administration (GSA) owns and operates
more than 500,000 buildings with over 3 billion square feet,
making it the largest landlord in the United States. With
this amount of owned space, the GSA has the influence to
ensure that Federal buildings across the country are shining
examples of smart building design. Through incentives laid
out in this legislation, the Federal Government can lead the
country by example in incorporating green building designs
that save buildings money in operational costs. That is good
government!
Furthermore, green buildings have improved indoor air
quality; this too saves the Federal Government money due to
reduced sickness and absenteeism among its workforce. The
American Lung Association estimates that indoor air pollution
costs businesses more than $100 billion a year due to death,
sick days, direct medical costs, loss of productivity, and
damage to materials and equipment. The Environmental
Protection Agency projects that 3,500 to 6,500 premature
deaths per year are the result of the effects of indoor air
pollutants.
Due to the heightened susceptibility of children to
airborne pollutants because of their less developed immune
systems, EESI applauds your bill's provisions to provide
schools grant assistance as well as technical assistance in
developing green building design. In fact, 20 percent of the
U.S. population, nearly 55 million people, are in U.S.
elementary and secondary schools, 110,000 of which were
reported to have unsatisfactory indoor air quality in the
1990s. Without grants like those outlined in your bill, most
school districts would not be able to fund green building
projects. EESI's previous work on this topic has found that
schools need Federal studies. They need a clearinghouse to
provide information, and they need grants to implement these
projects and realize their far-reaching benefits.
EESI strongly supports the use of recycled and biobased
products as components of the bill's green building design.
Fabricated from renewable domestic crops, biobased products
do not ``offgas'' or emit airborne toxins like their
petroleum-based counterparts which can aggravate respiratory
systems and negatively affect health. Biobased products,
along with improvements in ventilation, enhance indoor air
quality and improve occupant health. They are also
biodegradable and therefore not harmful to the environment.
Furthermore, biobased products can be produced domestically;
providing evermore economic opportunities to every state's
agricultural sector.
Even as U.S. Federal agencies and schools face tightening
budgets, many green building measures can be incorporated
with minimal up-front costs while yielding enormous savings
during a building's lifetime. Your bill's provision to
establish an Office of High Performance Green Buildings would
elevate attention to this issue and would play an essential
role as provider/distributor of solid information so that
agencies can pursue ``greening'' of buildings more easily,
efficiently and economically.
Demonstration projects can engage undergraduate and
graduate students--the leaders of tomorrow--who will learn
first-hand about these innovations and take the experience
with them in their careers. These projects also will
incorporate smart siting and planning so that commuters can
access them through many modes of transportation including
mass transit, biking and walking. By incorporating these
concerns, these projects not only address the energy consumed
by the buildings themselves but the energy consumed in our
transportation sector.
U.S. buildings consume about 40 percent of the country's
annual primary energy use. Because the Federal Government is
the country's largest energy consumer, your bill truly helps
the Federal Government lead by example.
Sincerely,
Carol Werner,
Executive Director, Environmental and Energy Study Institute.
______
By Mr. KENNEDY (for himself, Mr. Dodd, Ms. Mikulski, Mr. Schumer,
Mr. Harkin, Mrs. Clinton, and Mr. Lieberman):
S. 3593 A bill to amend the Higher Education Act of 1965 to provide
additional support to students; to the Committee on Finance.
Mr. KENNEDY. Mr. President, it is a privilege to join my colleagues
in introducing the Student Debt Relief Act to lower college expenses
for millions of families and help ensure that cost is not a barrier to
a college education.
Earlier today, my colleagues and I released a report on ``The College
Cost Crunch,'' which contains detailed information showing that
students and their families in every State are struggling with
skyrocketing college costs and rising student loan debt.
The report makes clear that the American dream is at risk unless
college becomes more affordable. Parents and students know how
important a college education is in our rapidly changing world, and
they're willing to make immense sacrifices in order to afford it. But
that sacrifice is getting harder and harder as college costs go up and
as student debt increases as well.
It is unacceptable in this era when higher education in the United
States is becoming more important, that it is also becoming more and
more expensive. As the report shows, the cost of attending a public 4-
year college has increased 32 percent since 2000, while median family
incomes have increased by only 6 percent over the same time period.
Today, the cost of attendance is over $12,000 at public colleges and
over $26,000 at private colleges, and federal student aid has not kept
pace with these rising costs. The maximum Pell grant covered 51 percent
of the cost of college in 1986, but it covered only 35 percent of the
cost last year.
As a result, families and students are borrowing more than ever from
the federal government and from private banks to finance higher
education. Sixty-two percent of undergraduates at 4-year colleges are
borrowing to finance their educations. The average student graduates
with over $19,000 in student loan debt.
We need to solve this debt crisis now before it spirals even farther
out of control.
Ensuring access to college is key to our opportunity, our economy,
and to our values as a nation.
It affects opportunity, because each year 400,000 qualified students
do not go to a 4-year college, because they cannot afford to do so.
It affects our economy, because we need to equip all of our citizens
with a college education to compete effectively in the global economy.
It affects our values, because high college costs and high student
debt are discouraging young Americans from taking lower paying public
service jobs, from buying homes, and even from getting married and
starting a family.
On July 1, to make matters even worse, students and families face one
of the biggest student loan interest rate hikes in the history of the
program--almost 2 percentage points in a single year.
Our bill deals with these issues in several ways.
First, it provides mandatory funding for an immediate increase in the
maximum Pell grant from $4,050 to $5,100, with additional increases
each year.
The bill also reforms the current student loan programs and uses the
savings to pay for additional increases in need-based aid. This
proposal--known as the Student Aid Reward Act, or the STAR Act--
generates $13 billion over 10 years for new Pell grants--at zero cost
to the government and taxpayers--by encouraging schools to use the more
efficient Direct Loan Program instead of the guaranteed loan program.
The bill cuts student loan interest rates in half--to 3.4 percent for
students and 4.25 percent for parents. This change will save average
borrowers nearly $4,000 in interest payments over the life of their
loans.
The bill gives borrowers the option to help keep loan payments
manageable by tying the payments to income level and capping the
payments at 15 percent of a borrower's income. This provision will
enable young people to pursue their passions in public service careers
such as teaching and social work, without worrying about making ends
meet as they repay their debt.
The bill also extends and expands a popular college tuition tax
deduction,
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which Republicans allowed to expire at the end of last year. The IRS
estimates that nearly 4.7 million students and families took advantage
of the deduction in 2004, which allowed them to deduct up to $4,000 in
tuition expenses from their taxes.
In Massachusetts, these changes would help thousands of students. If
the Pell grant is increased to $5,100, Massachusetts would receive $63
million in new Pell grant aid. 4,700 additional students would receive
grants, and the average grant would increase by more than $620--from
$2,329 to $2,950. If student loan interest rates are cut in half,
students in Massachusetts would save $3,470 over the life of their
loans.
With more options to make loan payments contingent on income, new
teachers in Massachusetts, who earn $34,000 a year, would have a
reduction of 22 percent in their monthly loan payments, and after 10
years, their loans would be forgiven.
Congress needs to act now to make education a priority and do more to
help struggling students and families.
But the administration and the Republican Congress have other
priorities. Earlier this year, they perpetrated the biggest raid on
student aid in the history of the program--stripping $12 billion from
the program to offset tax giveaways for the wealthiest Americans.
If we returned tax rates for the wealthiest Americans to their levels
when President Bush took office, we could pay for this entire proposal,
and pay for other priorities for struggling middle class families as
well.
Some of these proposals pay for themselves by cutting wasteful bank
subsidies from the student loan programs and directing those funds to
help students afford college. Report after report has shown that the
Direct Loan Program saves taxpayer money. It is time for the Republican
Congress to stand up to their friends in the lending industry and do
what's right for students and families and the Nation.
We also need new investments in education if we are serious about
reviving the American dream of a college education.
When Congress passed the G.I. bill after World War II, the Nation
reaped a benefit of $7 for every $1 invested in sending our returning
troops to college.
We need that kind of investment again to assure prosperity for our
families and our Nation in the years ahead. The Student Debt Relief Act
is a good step in the right direction, and I urge my colleagues to
support it.
I ask unanimous consent that our report and the text of the bill 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. 3593
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 ``Student Debt Relief Act of
2006''.
SEC. 2. INCREASE IN FEDERAL PELL GRANTS.
(a) In General.--Section 401(b)(2)(A) of the Higher
Education Act of 1965 (20 U.S.C. 1070a(b)(2)(A)) is amended
by striking clauses (i) through (v) and inserting the
following:
``(i) $5,100 for academic year 2007-2008;
``(ii) $5,400 for academic year 2008-2009;
``(iii) $5,700 for academic year 2009-2010;
``(iv) $6,000 for academic year 2010-2011; and
``(v) $6,300 for academic year 2011-2012,''.
(b) Additional Funds.--For an academic year, in the case in
which discretionary amounts appropriated to carry out the
Federal Pell Grant program under subpart 1 of part A of title
IV of the Higher Education Act of 1965 (20 U.S.C. 1070a et
seq.) for such academic year are sufficient to fund a maximum
Federal Pell Grant award of $4,050, then there are authorized
to be appropriated, and there are appropriated, additional
amounts to carry out the amendment made by subsection (a) as
follows:
(1) For academic year 2007-2008, $4,310,000,000.
(2) For academic year 2008-2009, $5,563,000,000.
(3) For academic year 2009-2010, $6,982,000,000.
(4) For academic year 2010-2011, $8,398,000,000.
(5) For academic year 2011-2012, $9,831,000,000.
SEC. 3. STUDENT AID REWARD PROGRAM.
Part G of title IV of the Higher Education Act of 1965 (20
U.S.C. 1088 et seq.) is amended by inserting after section
489 the following:
``SEC. 489A. STUDENT AID REWARD PROGRAM.
``(a) Program Authorized.--The Secretary shall carry out a
Student Aid Reward Program to encourage institutions of
higher education to participate in the student loan program
under this title that is most cost-effective for taxpayers.
``(b) Program Requirements.--In carrying out the Student
Aid Reward Program, the Secretary shall--
``(1) provide to each institution of higher education
participating in the student loan program under this title
that is most cost-effective for taxpayers, a Student Aid
Reward Payment, in an amount determined in accordance with
subsection (c), to encourage the institution to participate
in that student loan program;
``(2) require each institution of higher education
receiving a payment under this section to provide student
loans under such student loan program for a period of 5 years
after the date the first payment is made under this section;
``(3) where appropriate, require that funds paid to
institutions of higher education under this section be used
to award students a supplement to such students' Federal Pell
Grants under subpart 1 of part A;
``(4) permit such funds to also be used to award need-based
grants to lower- and middle-income graduate students; and
``(5) encourage all institutions of higher education to
participate in the Student Aid Reward Program under this
section.
``(c) Amount.--The amount of a Student Aid Reward Payment
under this section shall be not less than 50 percent of the
savings to the Federal Government generated by the
institution of higher education's participation in the
student loan program under this title that is most cost-
effective for taxpayers instead of the institution's
participation in the student loan program that is not most
cost-effective for taxpayers.
``(d) Trigger to Ensure Cost Neutrality.--
``(1) Limit to ensure cost neutrality.--Notwithstanding
subsection (c), the Secretary shall not distribute Student
Aid Reward Payments under the Student Aid Reward Program
that, in the aggregate, exceed the Federal savings resulting
from the implementation of the Student Aid Reward Program.
``(2) Federal savings.--In calculating Federal savings, as
used in paragraph (1), the Secretary shall determine Federal
savings on loans made to students at institutions of higher
education that participate in the student loan program under
this title that is most cost-effective for taxpayers and
that, on the date of enactment of this section, participated
in the student loan program that is not most cost-effective
for taxpayers, resulting from the difference of--
``(A) the Federal cost of loan volume made under the
student loan program under this title that is most cost-
effective for taxpayers; and
``(B) the Federal cost of an equivalent type and amount of
loan volume made, insured, or guaranteed under the student
loan program under this title that is not most cost-effective
for taxpayers.
``(3) Distribution rules.--If the Federal savings
determined under paragraph (2) is not sufficient to
distribute full Student Aid Reward Payments under the Student
Aid Reward Program, the Secretary shall--
``(A) first make Student Aid Reward Payments to those
institutions of higher education that participated in the
student loan program under this title that is not most cost-
effective for taxpayers on the date of enactment of this
section; and
``(B) with any remaining Federal savings after making
Student Aid Reward Payments under subparagraph (A), make
Student Aid Reward Payments to the institutions of higher
education eligible for a Student Aid Reward Payment and not
described in subparagraph (A) on a pro-rata basis.
``(4) Distribution to students.--Any institution of higher
education that receives a Student Aid Reward Payment under
this section--
``(A) shall distribute, where appropriate, part or all of
such payment among the students of such institution who are
Federal Pell Grant recipients by awarding such students a
supplemental grant; and
``(B) may distribute part of such payment as a supplemental
grant to graduate students in financial need.
``(5) Estimates, adjustments, and carry over.--
``(A) Estimates and adjustments.--The Secretary shall make
Student Aid Reward Payments to institutions of higher
education on the basis of estimates, using the best data
available at the beginning of an academic or fiscal year. If
the Secretary determines thereafter that loan program costs
for that academic or fiscal year were different than such
estimate, the Secretary shall adjust by reducing or
increasing subsequent Student Aid Reward Payments rewards
paid to such institutions of higher education to reflect such
difference.
``(B) Carry over.--Any institution of higher education that
receives a reduced Student Aid Reward Payment under paragraph
(3)(B), shall remain eligible for the unpaid portion of such
institution's financial reward payment, as well as any
additional financial reward payments for which the
institution is otherwise eligible, in subsequent academic or
fiscal years.
``(e) Definition.--In this section:
``(1) Student loan program under this title that is most
cost-effective for taxpayers.--The term `student loan program
under this title that is most cost-effective for taxpayers'
means the loan program under part B or D of this title that
has the lowest
[[Page S6645]]
overall cost to the Federal Government (including
administrative costs) for the loans authorized by such parts.
``(2) Student loan program under this title that is not
most cost-effective for taxpayers.--The term `student loan
program under this title that is not most cost-effective for
taxpayers' means the loan program under part B or D of this
title that does not have the lowest overall cost to the
Federal Government (including administrative costs) for the
loans authorized by such parts.''.
SEC. 4. REDUCTION IN INTEREST RATES.
(a) FFEL.--Section 427A(l) of the Higher Education Act of
1965 (20 U.S.C. 1077a(l)) is amended--
(1) in paragraph (1)--
(A) by striking ``or 428C'' and inserting ``, 428C, or
428H'';
(B) by striking ``6.8 percent'' and inserting ``3.4
percent''; and
(C) by adding at the end the following: ``Notwithstanding
subsection (h), with respect to any loan under section 428H
for which the first disbursement is made on or after July 1,
2006, the applicable rate of interest shall be 6.8 percent on
the unpaid principal balance of the loan.''; and
(2) in paragraph (2), by striking ``8.5 percent'' and
inserting ``4.25 percent''.
(b) Direct Loans.--Section 455(b)(7) of the Higher
Education Act of 1965 (20 U.S.C. 1087e(b)(7)) is amended--
(1) in subparagraph (A)--
(A) by striking ``and Federal Direct Unsubsidized Stafford
Loans'';
(B) by striking ``6.8 percent'' and inserting ``3.4
percent''; and
(C) by adding at the end the following: ``Notwithstanding
the preceding paragraphs of this subsection, for Federal
Direct Unsubsidized Stafford Loans for which the first
disbursement is made on or after July 1, 2006, the applicable
rate of interest shall be 6.8 percent on the unpaid principal
balance of the loan.''; and
(2) in subparagraph (B), by striking ``7.9 percent'' and
inserting ``4.25 percent''.
SEC. 5. IN-SCHOOL CONSOLIDATION.
Section 428(b)(7)(A) of the Higher Education Act of 1965
(20 U.S.C. 1078(b)(7)(A)) is amended by striking ``shall
begin'' and all that follows through the period and inserting
``shall begin--
``(i) the day after 6 months after the date the student
ceases to carry at least one-half the normal full-time
academic workload (as determined by the institution); or
``(ii) on an earlier date if the borrower requests and is
granted a repayment schedule that provides for repayment to
commence at an earlier date.''.
SEC. 6. CONSOLIDATION LOAN CHANGES.
Section 428C(a)(3) of the Higher Education Act of 1965 (20
U.S.C. 1078-3(a)(3)) is amended to read as follows:
``(3) Definition of eligible borrower.--For the purpose of
this section, the term `eligible borrower' means a borrower
who--
``(A) is not subject to a judgment secured through
litigation with respect to a loan under this title or to an
order for wage garnishment under section 488A; and
``(B) at the time of application for a consolidation loan--
``(i) is in repayment status as determined under section
428(b)(7)(A);
``(ii) is in a grace period preceding repayment; or
``(iii) is a defaulted borrower who has made arrangements
to repay the obligation on the defaulted loans satisfactory
to the holders of the defaulted loans.''.
SEC. 7. REDUCTION OF DIRECT LOAN ORIGINATION FEES.
Section 455(c) of the Higher Education Act of 1965 (20
U.S.C. 1087e(c)) is amended--
(1) in paragraph (1)--
(A) by striking ``4.0 percent'' and inserting ``3.0
percent''; and
(B) by striking ``shall'' and inserting ``is authorized
to''; and
(2) in paragraph (2)--
(A) in subparagraph (A), by striking `` `3.0 percent' for
`4.0 percent' '' and inserting `` `2.0 percent' for `3.0
percent' '';
(B) in subparagraph (B), by striking `` `2.5 percent' for
`4.0 percent' '' and inserting `` `1.5 percent' for `3.0
percent' '';
(C) in subparagraph (C), by striking `` `2.0 percent' for
`4.0 percent' '' and inserting `` `1.0 percent' for `3.0
percent' '';
(D) in subparagraph (D), by striking `` `1.5 percent' for
`4.0 percent' '' and inserting `` `0.5 percent' for `3.0
percent' ''; and
(E) in subparagraph (E), by striking `` `1.0 percent' for
`4.0 percent' '' and inserting `` `0.0 percent' for `3.0
percent' ''.
SEC. 8. ELIMINATION OF EXCEPTIONAL PERFORMER STATUS FOR
LENDERS.
(a) Repeal.--Section 428I of the Higher Education Act of
1965 (20 U.S.C. 1078-9) is repealed.
(b) Conforming Amendments.--Part A of title IV of the
Higher Education Act of 1965 (20 U.S.C.1070 et seq.) is
amended--
(1) in section 428(c)(1)--
(A) by striking subparagraph (D); and
(B) by redesignating subparagraphs (E) through (H) as
subparagraphs (D) and (G), respectively; and
(2) in section 438(b)(5), by striking the matter following
subparagraph (B).
SEC. 9. SCHOOLS AS LENDERS.
Section 435(d) of the Higher Education Act of 1965 (20
U.S.C. 1085(d)) is amended--
(1) in paragraph (2)(C), by inserting ``Federal or'' after
``not to supplant,''; and
(2) by adding at the end the following:
``(7) Eligible lender trustee use by eligible
institution.--In the case of an eligible institution that
uses an eligible lender trustee for the purpose of qualifying
as an eligible lender under paragraph (2), such eligible
lender trustee shall be subject to the requirements of
paragraphs (2) through (5).''.
SEC. 10. ADMINISTRATIVE ACCOUNT FOR DIRECT LOAN PROGRAM.
Section 458 of the Higher Education Act of 1965 (20 U.S.C.
1087h) is amended--
(1) in subsection (a)--
(A) by striking paragraphs (2) and (3) and inserting the
following:
``(2) Mandatory funds for fiscal years 2007 through 2011.--
Each fiscal year there shall be available to the Secretary,
from funds not otherwise appropriated, funds to be obligated
for--
``(A) administrative costs under this part and part B,
including the costs of the direct student loan programs under
this part; and
``(B) account maintenance fees payable to guaranty agencies
under part B and calculated in accordance with subsection
(b),
not to exceed (from such funds not otherwise appropriated)
$904,000,000 in fiscal year 2007, $943,000,000 in fiscal year
2008, $983,000,000 in fiscal year 2009, $1,023,000,000 in
fiscal year 2010, $1,064,000,000 in fiscal year 2011, and
$1,106,000,000 in fiscal year 2012.'';
(B) by redesignating paragraphs (4) and (5) as paragraphs
(3) and (4), respectively; and
(C) in paragraph (3) (as redesignated in subparagraph (B)),
by striking ``paragraph (3)'' and inserting ``paragraph
(2)''; and
(2) in subsection (b), by striking ``(a)(3)'' and inserting
``(a)(2)''.
SEC. 11. INCOME CONTINGENT REPAYMENT FOR PUBLIC SECTOR
EMPLOYEES.
Section 455(e) of the Higher Education Act of 1965 (20
U.S.C. 1087e(e)) is amended by adding at the end the
following:
``(7) Repayment plan for public sector employees.--
``(A) In general.--The Secretary shall forgive the balance
due on any loan made under this part or section 428C(b)(5)
for a borrower--
``(i) who has made 120 payments on such loan pursuant to
income contingent repayment; and
``(ii) who is employed, and was employed for the 10-year
period in which the borrower made the 120 payments described
in clause (i), in a public sector job.
``(B) Public sector job.--In this paragraph, the term
`public sector job' means a full-time job in emergency
management, government, public safety, law enforcement,
public health, education (including early childhood
education), or public interest legal services (including
prosecution or public defense).
``(8) Return to standard repayment.--A borrower who is
repaying a loan made under this part pursuant to income
contingent repayment may choose, at any time, to terminate
repayment pursuant to income contingent repayment and repay
such loan under the standard repayment plan.''.
SEC. 12. DEFINITIONS OF PARTIAL FINANCIAL HARDSHIP AND
ECONOMIC HARDSHIP.
(a) Partial Financial Hardship.--Section 435 of the Higher
Education Act of 1965 (20 U.S.C. 1085) is amended by
inserting after subsection (m) the following:
``(n) Partial Financial Hardship.--For purposes of this
part and part E, the term `partial financial hardship' means
the amount by which the borrower's annual Federal educational
debt burden exceeds 15 percent of the difference between--
``(1) the borrower's adjusted gross income; and
``(2) the poverty line applicable to the borrower's family
size as determined under section 673(2) of the Community
Services Block Grant Act.''.
(b) Economic Hardship.--Section 435(o) of the Higher
Education Act of 1965 (20 U.S.C. 1085(o)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A)(ii), by striking ``100 percent of
the poverty line for a family of 2'' and inserting ``150
percent of the poverty line applicable to the borrower's
family size'';
(B) by striking subparagraph (B); and
(C) by redesignating subparagraph (C) as subparagraph (B);
and
(2) in paragraph (2), by striking ``(1)(C)'' and inserting
``(1)(B)''.
SEC. 13. DEFERRALS.
(a) FISL.--Section 427(a)(2)(C) of the Higher Education Act
of 1965 (20 U.S.C. 1077(a)(2)(C)) is amended to read as
follows:
``(C) provides that--
``(i) periodic installments of principal need not be paid,
but interest shall accrue and be paid, during any period--
``(I) during which the borrower--
``(aa) is pursuing at least a half-time course of study as
determined by an eligible institution; or
``(bb) is pursuing a course of study pursuant to a graduate
fellowship program approved by the Secretary, or pursuant to
a rehabilitation training program for individuals with
disabilities approved by the Secretary,
except that no borrower shall be eligible for a deferment
under this clause, or a loan made under this part (other than
a loan made under section 428B or 428C), while serving in a
medical internship or residency program;
``(II) not in excess of 3 years during which the borrower
is seeking and unable to find full-time employment; or
``(III) during which the borrower has, or will have, an
economic hardship described in
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section 435(o), as determined by the lender in accordance
with regulations prescribed by the Secretary under such
section; and
``(ii) during any period during which a borrower has, or
will have, a partial financial hardship defined in section
435(n), as determined by the lender in accordance with
regulations prescribed by the Secretary under such section,
the borrower--
``(I) need only pay the portion of the periodic
installments of principal and interest that exceeds the
borrower's partial financial hardship for such period; and
``(II) may defer the remaining amount of principal and
interest (which interest shall continue to accrue) for such
period,
and provides that any such period shall not be included in
determining the 10-year period described in subparagraph
(B);''.
(b) Interest Subsidies.--Section 428(b)(1)(M) of the Higher
Education Act of 1965 (20 U.S.C. 1078(b)(1)(M)) is amended to
read as follows:
``(M) provides that--
``(i) periodic installments of principal need not be paid,
but interest shall accrue and be paid by the Secretary,
during any period--
``(I) during which the borrower--
``(aa) is pursuing at least a half-time course of study as
determined by an eligible institution, except that no
borrower, notwithstanding the provisions of the promissory
note, shall be required to borrow an additional loan under
this title in order to be eligible to receive a deferment
under this clause; or
``(bb) is pursuing a course of study pursuant to a graduate
fellowship program approved by the Secretary, or pursuant to
a rehabilitation training program for disabled individuals
approved by the Secretary,
except that no borrower shall be eligible for a deferment
under this clause, or loan made under this part (other than a
loan made under 428B or 428C), while serving in a medical
internship or residency program;
``(II) not in excess of 3 years during which the borrower
is seeking and unable to find full-time employment, except
that no borrower who provides evidence of eligibility for
unemployment benefits shall be required to provide additional
paperwork for a deferment under this clause;
``(III) not in excess of 3 years during which the
borrower--
``(aa) is serving on active duty during a war or other
military operation or national emergency; or
``(bb) is performing qualifying National Guard duty during
a war or other military operation or national emergency; or
``(IV) during which the borrower has, or will have, an
economic hardship described in section 435(o), as determined
by the lender in accordance with regulations prescribed by
the Secretary under such section; and
``(ii) during any period during which a borrower has, or
will have, a partial financial hardship defined in section
435(n), as determined by the lender in accordance with
regulations prescribed by the Secretary under such section, a
portion of the periodic installments of principal and
interest need not be paid as follows:
``(I) the Secretary shall first pay the portion of the
periodic installments of interest due that does not exceed
the borrower's partial financial hardship for such period,
and any amount of interest due in excess of the borrower's
partial financial hardship for such period shall be paid by
the borrower; and
``(II) the borrower shall pay the periodic installments of
principal due for such period, reduced by the difference
between the partial financial hardship and the amount of
interest paid under subclause (I);''.
(c) Direct Loans.--Section 455(f) of the Higher Education
Act of 1965 (20 U.S.C. 1087e(f)) is amended--
(1) in paragraph (2)(D), by striking ``not in excess of 3
years''; and
(2) by adding at the end the following:
``(5) Partial financial hardship deferment.--During any
period during which a borrower has, or will have, a partial
financial hardship defined in section 435(n), as determined
by the Secretary in accordance with regulations prescribed
under such section, a portion of the periodic installments of
principal and interest need not be paid as follows:
``(A) In the case of a Federal Direct Stafford Loan, a
Federal Direct Consolidation Loan that consolidated only
Federal Direct Stafford Loans, or a combination of such loans
and Federal Stafford Loans for which the student borrower
received an interest subsidy under section 428--
``(i) the amount of interest for such period that does not
exceed the borrower's partial financial hardship shall not
accrue, and any amount of interest due in excess of the
borrower's partial financial hardship shall be capitalized or
be paid by the borrower; and
``(ii) the borrower shall pay the periodic installments of
principal due for such period, reduced by the difference
between the partial financial hardship and the amount of
interest paid under clause (i).
``(B) In the case of a Federal Direct PLUS Loan, a Federal
Direct Unsubsidized Stafford Loan, or a Federal Direct
Consolidation Loan not described in subparagraph (A)--
``(i) the amount of interest and principal that equals the
borrower's partial financial hardship for such period need
not be paid but may be deferred or capitalized by the
borrower; and
``(ii) any amount of interest or principal due in excess of
the borrower's partial financial hardship for such period
shall be paid by the borrower.''.
(d) Perkins.--Section 464(c) of the Higher Education Act of
1965 (20 U.S.C. 1087dd(c)) is amended--
(1) by striking paragraph (2)(A)(iv) and inserting the
following:
``(iv) during which the borrower has, or will have, an
economic hardship described in section 435(o), as determined
by the lender in accordance with regulations prescribed by
the Secretary under such section; or''; and
(2) by adding at the end the following:
``(8) Partial Financial Hardship Deferment.--During any
period during which a borrower has, or will have, a partial
financial hardship defined in section 435(n), as determined
by the lender in accordance with regulations prescribed by
the Secretary under such section, a portion of the periodic
installments of principal and interest need not be paid as
follows:
``(A) the Secretary shall first pay the periodic
installments of interest due for such period that does not
exceed the borrower's partial financial hardship, and any
amount of interest due in excess of the borrower's partial
financial hardship shall be paid by the borrower; and
``(B) the borrower shall pay the periodic installments of
principal due reduced by the difference between the partial
financial hardship and the amount of interest paid under
subparagraph (A).''.
SEC. 14. MAXIMUM REPAYMENT PERIOD.
Section 455(e) of the Higher Education Act of 1965 (20
U.S.C. 1087e(e)) is amended by adding at the end the
following:
``(7) Maximum repayment period.--In calculating the
extended period of time for which an income contingent
repayment plan under this subsection may be in effect for a
borrower, the Secretary shall include all time periods during
which a borrower of loans under part B, part D, or part E--
``(A) is not in default on any loan that is included in the
income contingent repayment plan; and
``(B)(i) qualifies for economic hardship described in
section 435(o);
``(ii) has a partial financial hardship defined in section
435(n);
``(iii) makes payments under a standard repayment plan
described in section 428(b)(9)(A)(i) or 455(d)(1)(A), or
``(iv) makes payments under an extended repayment plan
described in section 428(b)(9)(A)(iv) or 455(d)(1)(C).''.
SEC. 15. INCREASE IN CONSOLIDATION LOAN LENDER FEES.
(a) Amendment.--Paragraph (2) of section 438(d) (20 U.S.C.
1087-1(d)) is amended to read as follows:
``(2) Amount of loan fees.--
``(A) In general.--Except as provided in subparagraph (B),
with respect to any loan made under this part for which the
first disbursement was made on or after October 1, 1993, the
amount of the loan fee that shall be deducted under paragraph
(1) shall be equal to 0.50 percent of the principal amount of
the loan.
``(B) Consolidation loans.--With respect to any loan made
under section 428C on or after April 1, 2006, the amount of
the loan fee that shall be deducted under paragraph (1) shall
be equal to 1.0 percent of the principal amount of the
loan.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to any loan made, insured, or
guaranteed under part B of title IV of the Higher Education
Act of 1965 (20 U.S.C. 1071 et seq.) for which the first
disbursement is made on or after April 1, 2006.
SEC. 16. COLLEGE TUITION DEDUCTION AND CREDIT FOR INTEREST ON
HIGHER EDUCATION LOANS.
(a) Expansion of Deduction for Higher Education Expenses.--
(1) Amount of deduction.--Subsection (b) of section 222 of
the Internal Revenue Code of 1986 (relating to deduction for
qualified tuition and related expenses) is amended to read as
follows:
``(b) Limitations.--
``(1) Dollar limitations.--
``(A) In general.--Except as provided in paragraph (2), the
amount allowed as a deduction under subsection (a) with
respect to the taxpayer for any taxable year shall not exceed
the applicable dollar limit.
``(B) Applicable dollar limit.--The applicable dollar limit
for any taxable year shall be determined as follows:
Applicable
``Taxable year: dollar amount:
2006......................................................$8,000 ....
2007 and thereafter......................................$12,000.....
``(2) Limitation based on modified adjusted gross income.--
``(A) In general.--The amount which would (but for this
paragraph) be taken into account under subsection (a) shall
be reduced (but not below zero) by the amount determined
under subparagraph (B).
``(B) Amount of reduction.--The amount determined under
this subparagraph equals the amount which bears the same
ratio to the amount which would be so taken into account as--
``(i) the excess of--
``(I) the taxpayer's modified adjusted gross income for
such taxable year, over
``(II) $65,000 ($130,000 in the case of a joint return),
bears to
``(ii) $15,000 ($30,000 in the case of a joint return).
``(C) Modified adjusted gross income.--For purposes of this
paragraph, the term
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`modified adjusted gross income' means the adjusted gross
income of the taxpayer for the taxable year determined--
``(i) without regard to this section and sections 199, 911,
931, and 933, and
``(ii) after the application of sections 86, 135, 137, 219,
221, and 469.
For purposes of the sections referred to in clause (ii),
adjusted gross income shall be determined without regard to
the deduction allowed under this section.
``(D) Inflation adjustments.--
``(i) In general.--In the case of any taxable year
beginning in a calendar year after 2006, both of the dollar
amounts in subparagraph (B)(i)(II) shall be increased by an
amount equal to--
``(I) such dollar amount, multiplied by
``(II) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year in which the taxable
year begins, by substituting `calendar year 2005' for
`calendar year 1992' in subparagraph (B) thereof.
``(ii) Rounding.--If any amount as adjusted under clause
(i) is not a multiple of $50, such amount shall be rounded to
the nearest multiple of $50.''.
(2) Qualified tuition and related expenses of eligible
students.--
(A) In general.--Section 222(a) of the Internal Revenue
Code of 1986 (relating to allowance of deduction) is amended
by inserting ``of eligible students'' after ``expenses''.
(B) Definition of eligible student.--Section 222(d) of such
Code (relating to definitions and special rules) is amended
by redesignating paragraphs (2) through (6) as paragraphs (3)
through (7), respectively, and by inserting after paragraph
(1) the following new paragraph:
``(2) Eligible student.--The term `eligible student' has
the meaning given such term by section 25A(b)(3).''.
(3) Deduction made permanent.--Title IX of the Economic
Growth and Tax Relief Reconciliation Act of 2001 (relating to
sunset of provisions of such Act) shall not apply to the
amendments made by section 431 of such Act.
(4) Effective date.--The amendments made by this subsection
shall apply to payments made in taxable years beginning after
December 31, 2005.
(b) Credit for Interest on Higher Education Loans.--
(1) In general.--Subpart A of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 (relating to
nonrefundable personal credits) is amended by inserting after
section 25D the following new section:
``SEC. 25E. INTEREST ON HIGHER EDUCATION LOANS.
``(a) Allowance of Credit.--In the case of an individual,
there shall be allowed as a credit against the tax imposed by
this chapter for the taxable year an amount equal to the
interest paid by the taxpayer during the taxable year on any
qualified education loan.
``(b) Maximum Credit.--
``(1) In general.--Except as provided in paragraph (2), the
credit allowed by subsection (a) for the taxable year shall
not exceed $1,500.
``(2) Limitation based on modified adjusted gross income.--
``(A) In general.--If the modified adjusted gross income of
the taxpayer for the taxable year exceeds $50,000 ($100,000
in the case of a joint return), the amount which would (but
for this paragraph) be allowable as a credit under this
section shall be reduced (but not below zero) by the amount
which bears the same ratio to the amount which would be so
allowable as such excess bears to $20,000 ($40,000 in the
case of a joint return).
``(B) Modified adjusted gross income.--The term `modified
adjusted gross income' means adjusted gross income determined
without regard to sections 199, 222, 911, 931, and 933.
``(C) Inflation adjustment.--In the case of any taxable
year beginning after 2006, the $50,000 and $100,000 amounts
referred to in subparagraph (A) shall be increased by an
amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment determined under
section (1)(f)(3) for the calendar year in which the taxable
year begins, by substituting `2005' for `1992'.
``(D) Rounding.--If any amount as adjusted under
subparagraph (C) is not a multiple of $50, such amount shall
be rounded to the nearest multiple of $50.
``(c) Dependents Not Eligible for Credit.--No credit shall
be allowed by this section to an individual for the taxable
year if a deduction under section 151 with respect to such
individual is allowed to another taxpayer for the taxable
year beginning in the calendar year in which such
individual's taxable year begins.
``(d) Limit on Period Credit Allowed.--A credit shall be
allowed under this section only with respect to interest paid
on any qualified education loan during the first 60 months
(whether or not consecutive) in which interest payments are
required. For purposes of this paragraph, any loan and all
refinancings of such loan shall be treated as 1 loan.
``(e) Definitions.--For purposes of this section--
``(1) Qualified education loan.--The term `qualified
education loan' has the meaning given such term by section
221(d)(1).
``(2) Dependent.--The term `dependent' has the meaning
given such term by section 152.
``(f) Special Rules.--
``(1) Denial of double benefit.--No credit shall be allowed
under this section for any amount taken into account for any
deduction under any other provision of this chapter.
``(2) Married couples must file joint return.--If the
taxpayer is married at the close of the taxable year, the
credit shall be allowed under subsection (a) only if the
taxpayer and the taxpayer's spouse file a joint return for
the taxable year.
``(3) Marital status.--Marital status shall be determined
in accordance with section 7703.''.
(2) Conforming amendment.--The table of sections for
subpart A of part IV of subchapter A of chapter 1 of the
Internal Revenue Code of 1986 is amended by inserting after
the item relating to section 25D the following new item:
``Sec. 25E. Interest on higher education loans.''.
(3) Effective date.--The amendments made by this section
shall apply to any qualified education loan (as defined in
section 25E(e)(1) of the Internal Revenue Code of 1986, as
added by this section) incurred on, before, or after the date
of the enactment of this Act, but only with respect to any
loan interest payment due after December 31, 2005.
There being no objection, the additional material was ordered to be
printed in the Record, as follows:
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______
By Mrs. BOXER:
S. 3594. A bill to help protect the public against the threat of
attacks targeting nuclear power plants; to the Committee on Homeland
Security and Governmental Affairs.
Mrs. BOXER. Mr. President, I rise today to introduce the Secure
Nuclear Facilities Act of 2006, which addresses an unacceptable gap in
our Nation's homeland security. My bill would hold commercial nuclear
powerplants to the same high security standards to which government
nuclear facilities are subject.
There are currently 104 nuclear powerplants licensed to operate in
the United States, including two plants, with two reactors each, in my
home state of California.
These plants are potential targets for terrorists, and we are not
doing enough to ensure they are protected. The 9/11 Commission report,
issued on July 22, 2004, stated that nuclear powerplants were among the
targets considered in the original plan for the September 11, 2001,
attacks.
An attack on a nuclear plant would be disastrous. The meltdown of a
nuclear powerplant's nuclear reactor core, release of the spent nuclear
fuel located at the site, removal from the site of radioactive
materials, or other violation of the plant's security would greatly
endanger public health and safety. Unfortunately, there are reports of
nuclear plant operators' failure to effectively address vital security
issues, and the Nuclear Regulatory Commission's failure to hold them
sufficiently accountable.
To make matters worse, commercial nuclear plant operators are not
currently required to defend their plants against theft and diversion
of nuclear material. Nonweapon nuclear facilities operated by the
government, on the other hand, are required to defend against not only
direct attacks, but also theft and diversion of nuclear material. This
double standard makes no sense.
Commercial nuclear plants contain materials that terrorists might
attempt to steal, just like government nuclear facilities. The Nuclear
Regulatory Commission, NRC, concedes that terrorists might use these
highly radioactive materials in a radiological bomb or, with the right
equipment, reprocess it into weapons-grade material. But according to
the NRC, it is not reasonable to expect a private facility to cope with
this threat, because private facilities do not have the same resources
as government facilities.
The NRC's argument is deeply flawed. If nuclear plant owners and
operators cannot address the full spectrum of terrorist threats they
face, then they should not be in business. There is too much at stake
in terms of the dangers posed by these threats for us to allow
continued low security standards for commercial nuclear plants.
My bill would require commercial nuclear plants to defend against the
same potential threats as government nuclear facilities, including
threat and diversion of nuclear materials. The bill would also
strengthen State and local responders' ability to aid nuclear plants in
case of an attack by terrorists. It offers grants to State and local
responders to facilitate evacuations and medical treatment, as well as
interoperable communications among first responders and plant
operators.
The Secure Nuclear Facilities Act of 2006 would make our country
safer by ensuring better security at commercial nuclear plants. I urge
my colleagues to support this important bill.
By Ms. COLLINS (for herself, Mr. Lieberman, and Mr. Carper):
S. 3595. A bill to amend the Homeland Security Act of 2002 to
establish the United States Emergency Management Authority, and for
other purposes; to the Committee on Homeland Security and Governmental
Affairs.
Mr. President, I ask unanimous consent that the text of the bill 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. 3595
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 ``United States Emergency
Management Authority Act of 2006''.
SEC. 2. UNITED STATES EMERGENCY MANAGEMENT AUTHORITY.
Title V of the Homeland Security Act of 2002 (6 U.S.C. 311
et seq.) is amended by--
(1) striking the title heading and inserting the following:
``TITLE V--NATIONAL PREPAREDNESS AND RESPONSE'';
(2) striking sections 501 through 503;
(3) striking sections 506 and 507;
(4) redesignating sections 504, 505, 508, and 509 as
sections 519, 520, 521, and 522, respectively;
(5) redesignating section 510 (relating to procurement of
security countermeasures for the strategic national
stockpile) as section 523;
(6) redesignating section 510 (relating to urban and other
high risk area communications capabilities) as section 524;
and
(7) inserting before section 519, as so redesignated by
this section, the following:
``SEC. 501. DEFINITIONS.
``In this title--
``(1) the term `all-hazards-plus' means an approach to
preparedness, response, recovery, and mitigation that
emphasizes the development of capabilities that are common to
natural and man-made disasters, while also including the
development of capabilities that are uniquely relevant to
specific types of disasters;
``(2) the term `Authority' means the United States
Emergency Management Authority established under section 502;
``(3) the term `Administrator' means the Administrator of
the Authority;
``(4) the term `Federal coordinating officer' means a
Federal coordinating officer as described in section 302 of
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5143);
``(5) the term `National Advisory Council' means the
National Advisory Council on Emergency Preparedness and
Response established under section 508;
``(6) the term `National Incident Management System' means
the National Incident Management System as described in the
National Response Plan;
``(7) the term `National Response Plan' means the National
Response Plan prepared under Homeland Security Presidential
Directive 5 or any presidential directive meant to replace or
augment that directive;
``(8) the term `Nuclear Incident Response Team' means a
resource that includes--
``(A) those entities of the Department of Energy that
perform nuclear or radiological emergency support functions
(including accident response, search response, advisory, and
technical operations functions), radiation exposure functions
at the medical assistance facility known as the Radiation
Emergency Assistance Center/Training Site (REAC/TS),
radiological assistance functions, and related functions; and
``(B) those entities of the Environmental Protection Agency
that perform such support functions (including radiological
emergency response functions) and related functions;
``(9) the term `Regional Advisory Council' means a Regional
Advisory Council on Preparedness and Response established
under section 503;
``(10) the term `Regional Administrator' means a Regional
Administrator for Preparedness and Response appointed under
section 507;
``(11) the term `Regional Office' means a Regional Office
established under section 507; and
``(12) the term `surge capacity' means the ability to
rapidly and substantially increase the provision of search
and rescue capabilities, food, water, medicine, shelter and
housing, medical care, evacuation capacity, staffing,
including disaster assistance employees, and other resources
necessary to save lives and protect property during a
catastrophic incident, or other natural or man-made disaster.
``SEC. 502. UNITED STATES EMERGENCY MANAGEMENT AUTHORITY.
``(a) In General.--There is established in the Department
the United States Emergency Management Authority, headed by
an Administrator.
``(b) Mission.--The mission of the Authority is to--
``(1) lead the Nation's efforts to prepare for, respond to,
recover from, and mitigate the risks of natural and man-made
disasters, including catastrophic incidents;
``(2) partner with State and local governments and
emergency response providers, with other Federal agencies,
with the private sector, and with nongovernmental
organizations to build a national system of emergency
management that can effectively and efficiently utilize the
full measure of the Nation's resources to respond to a
catastrophic incident or other natural or man-made disaster;
``(3) develop a Federal response capability that, when
necessary and appropriate, can act effectively, rapidly, and
proactively to deliver assistance essential to saving lives
or protecting or preserving property or public health and
safety in a natural or man-made disaster;
``(4) fuse the Department's emergency response,
preparedness, recovery, mitigation, and critical
infrastructure assets into a new, integrated organization
that can effectively confront the challenges of a natural or
man-made disaster;
``(5) develop and maintain robust Regional Offices that
will work with State and local
[[Page S6718]]
governments and emergency response providers to identify and
address regional priorities;
``(6) under the leadership of the Secretary, coordinate
with the Commandant of the Coast Guard, the Director of
Customs and Border Protection, the Director of Immigration
and Customs Enforcement, and the National Operations Center,
and other agencies and offices in the Department to take full
advantage of the substantial range of resources in the
Department that can be brought to bear in preparing for and
responding to a natural or man-made disaster;
``(7) carry out the provisions of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.);
``(8) provide funding, training, exercises, technical
assistance, planning, and other assistance, to build local,
State, regional, and national capabilities, including
communications capabilities, necessary to respond to a
potential natural or man-made disaster;
``(9) implement an all-hazards-plus strategy for
preparedness that places priority on building those common
capabilities necessary to respond to both terrorist attacks
and natural disasters while also building the unique
capabilities necessary to respond to specific types of
incidents that pose the greatest risk to our Nation; and
``(10) promote, plan for, and facilitate the security of
critical infrastructure and key resources, including cyber
infrastructure, against a natural or man-made disaster, and
the post-disaster restoration of such critical infrastructure
and key resources.
``(c) Administrator.--
``(1) In general.--The Administrator shall be appointed by
the President, by and with the advice and consent of the
Senate.
``(2) Qualifications.--The Administrator shall have not
less than 5 years of executive leadership and management
experience in the public or private sector and a demonstrated
ability to manage a substantial staff and budget.
``(3) Reporting.--The Administrator shall report to the
Secretary, without being required to report through any other
official of the Department.
``(4) Principal advisor on emergency preparedness and
response.--
``(A) In general.--The Administrator is the principal
emergency preparedness and response advisor to the President,
the Homeland Security Council, and the Secretary.
``(B) Advice and recommendations.--
``(i) In general.--In presenting advice with respect to any
matter to the President, the Homeland Security Council, or
the Secretary, the Administrator shall, as the Administrator
considers appropriate, inform the President, the Homeland
Security Council, or the Secretary, as the case may be, of
the range of emergency mitigation, preparedness, response,
and recovery options with respect to that matter.
``(ii) Advice on request.--The Administrator, as an
emergency preparedness and response advisor, shall provide
advice to the President, the Homeland Security Council, or
the Secretary on a particular matter when the President, the
Homeland Security Council, or the Secretary requests such
advice.
``(iii) Recommendations to congress.--After informing the
Secretary, the Administrator may make such recommendations to
Congress relating to emergency preparedness and response as
the Administrator considers appropriate.
``(C) Retention of authority.--Nothing in this paragraph
shall be construed as affecting the authority of the
Secretary under this Act.
``SEC. 503. AUTHORITIES AND RESPONSIBILITIES.
``(a) In General.--The Administrator shall provide Federal
leadership necessary to prepare for and respond to a natural
or man-made disaster, including--
``(1) carrying out the mission to reduce the loss of life
and property and protect the Nation from all hazards by
leading and supporting the Nation in a comprehensive, risk-
based emergency preparedness and response program of--
``(A) mitigation, by taking sustained actions to reduce or
eliminate long-term risk to people and property from hazards
and their effects;
``(B) preparedness, by planning, training, and building the
emergency preparedness and response workforce to prepare
effectively for, mitigate against, respond to, and recover
from any hazard;
``(C) response, by conducting emergency operations to save
lives and property through positioning emergency equipment,
personnel, and supplies, through evacuating potential
victims, through providing food, water, shelter, and medical
care to those in need, and through restoring critical public
services;
``(D) recovery, by rebuilding communities so individuals,
businesses, and governments can function on their own, return
to normal life, and protect against future hazards; and
``(E) critical infrastructure protection, by establishing
an inventory of, and protections for, public and private
sector critical infrastructure, including cyber and
communications assets;
``(2) increasing efficiencies, by coordinating efforts
relating to mitigation, preparedness, response, recovery, and
infrastructure protection;
``(3) helping to ensure the effectiveness of emergency
response providers in responding to a natural or man-made
disaster;
``(4) providing the Federal Government's response to a
natural or man-made disaster, including--
``(A) managing such response;
``(B) directing the Domestic Emergency Support Team, the
National Disaster Medical System, and (when operating as an
organizational unit of the Department under this title) the
Nuclear Incident Response Team;
``(C) overseeing the Metropolitan Medical Response System;
and
``(D) coordinating other Federal response resources,
including requiring deployment of the Strategic National
Stockpile, in the event of a natural or man-made disaster;
``(5) working with Federal, State, and local government
personnel, agencies, and authorities to build a comprehensive
national incident management system to respond to a natural
or man-made disaster;
``(6) with respect to the Nuclear Incident Response Team
(regardless of whether it is operating as an organizational
unit of the Department under this title)--
``(A) establishing standards and certifying when those
standards have been met;
``(B) conducting joint and other exercises and training and
evaluating performance; and
``(C) providing funds to the Department of Energy and the
Environmental Protection Agency, as appropriate, for homeland
security planning, exercises and training, and equipment;
``(7) helping to ensure that emergency response providers
acquire interoperable and sustainable technology;
``(8) assisting the President in carrying out the functions
under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.);
``(9) administering homeland security emergency management,
first responder, and other preparedness grants;
``(10) monitoring, evaluating, and ensuring the readiness
of each emergency support function under the National
Response Plan;
``(11) coordinating with the National Advisory Council;
``(12) ensuring the protection of critical infrastructure
by--
``(A) carrying out the responsibilities under paragraphs
(2) through (6) of section 201(d);
``(B) helping ensure the protection and resiliency of key
resources and critical infrastructure, including cyber
infrastructure, against a natural or man-made disaster; and
``(C) planning for, assisting with, and facilitating, the
restoration of key resources and critical infrastructure,
including cyber infrastructure, in the event of a natural or
man-made disaster;
``(13) establishing in each Regional Office a Regional
Advisory Council on Preparedness and Response, to advise the
Regional Administrator of that Regional Office on emergency
preparedness and response issues specific to the region; and
``(14) otherwise carrying out the mission of the Authority
as described in section 502(b).
``(b) Additional Responsibilities Related to Catastrophic
Incidents.--
``(1) In general.--The Administrator, in consultation with
the Secretary and other senior Department officials, shall
develop a national emergency management system that is
capable of responding to catastrophic incidents.
``(2) Identification of resources.--
``(A) In general.--The Administrator shall develop and
submit to Congress annually an estimate of the resources of
the Authority and other Federal agencies needed for and
devoted specifically to developing local, State, and national
capabilities necessary to respond to a catastrophic incident.
``(B) Contents.--Each estimate under subparagraph (A) shall
include the resources both necessary for and devoted to--
``(i) planning;
``(ii) training and exercises;
``(iii) Regional Office enhancements;
``(iv) staffing, including for surge capacity during a
catastrophic event;
``(v) additional logistics capabilities;
``(vi) other responsibilities under the Catastrophic
Incident Annex of the National Response Plan; and
``(vii) State and local catastrophic preparedness.
``(c) All-Hazards-Plus Approach.--In carrying out this
section, the Administrator shall implement an all-hazards-
plus strategy that places priority on building those common
capabilities necessary to prepare for, respond to, recover
from, and mitigate the risks of terrorist attacks and natural
disasters, while also building the unique capabilities
necessary to prepare for, respond to, recover from, and
mitigate the risks of specific types of incidents that pose
the greatest risk to the Nation.
``SEC. 504. AUTHORITY COMPONENTS.
``There are transferred to the Authority the following:
``(1) The Federal Emergency Management Agency, including
the functions of the Under Secretary for Federal Emergency
Management relating thereto.
``(2) The Directorate of Preparedness, as constituted on
June 1, 2006, including the functions of the Under Secretary
for Emergency Preparedness relating to the Directorate, as
constituted on that date.
``SEC. 505. PRESERVING THE UNITED STATES EMERGENCY MANAGEMENT
AUTHORITY.
``(a) Distinct Entity.--The Authority shall be maintained
as a distinct entity within the Department.
[[Page S6719]]
``(b) Reorganization.--Section 872 shall not apply to the
Authority, including any function or organizational unit of
the Authority.
``(c) Prohibition on Changes to Missions.--
``(1) In general.--The Secretary may not substantially or
significantly reduce the authorities, responsibilities, or
functions of the Authority or the capability of the Authority
to perform those responsibilities, except as otherwise
specifically provided in an Act enacted after the date of
enactment of the United States Emergency Management Authority
Act of 2006.
``(2) Certain transfers prohibited.--No asset, function or
mission of the Authority may be diverted to the principal and
continuing use of any other organization, unit, or entity of
the Department, except for details or assignments that do not
reduce the capability of the Authority to perform its
missions.
``SEC. 506. DIRECTORS.
``(a) In General.--There shall be in the Authority a
Director for Preparedness and a Director for Response and
Recovery, each of whom shall be appointed by the President,
by and with the advice and consent of the Senate, and shall
report to the Administrator.
``(b) Qualifications.--
``(1) In general.--A Director shall have--
``(A) not less than 5 years of--
``(i) executive leadership and management experience in the
public or private sector; and
``(ii) significant experience in crisis management or
another relevant field; and
``(B) a demonstrated ability to manage a substantial staff
and budget.
``(2) Concurrent experience.--Service during any period of
time may be used in meeting the requirements under both
clause (i) and (ii) of paragraph (1)(A).
``(c) Initial Directors.--The individual serving as the
Under Secretary for Emergency Preparedness and the individual
serving as the Under Secretary for the Federal Emergency
Management Agency on the effective date of the United States
Emergency Management Authority Act of 2006 may serve as the
Director for Preparedness and the Director of Response and
Recovery, respectively, until a Director for Preparedness or
a Director of Response and Recovery, as the case may be, is
appointed under subsection (a).
``SEC. 507. REGIONAL OFFICES.
``(a) In General.--
``(1) Regional offices.--The Administrator shall establish
10 Regional Offices of the Authority.
``(2) Additional office.--In additon to the Regional
Offices established under paragraph (1), the Administrator
may designate the Office for National Capital Region
Coordination under section 882 as a Regional Office.
``(b) Management of Regional Offices.--
``(1) Regional administrator.--Each Regional Office shall
be headed by a Regional Administrator for Preparedness and
Response, who shall be appointed by the Secretary. Each
Regional Administrator for Emergency Preparedness and
Response shall report directly to the Administrator.
``(2) Qualifications.--Each Regional Office shall be headed
by an individual in the Senior Executive Service qualified to
act as a senior Federal coordinating officer to provide
strategic oversight of incident management when needed.
``(c) Responsibilities.--
``(1) In general.--The Regional Administrator shall work in
partnership with State and local governments, emergency
managers, emergency response providers, medical providers,
the private sector, nongovernmental organizations,
multijurisdictional councils of governments, and regional
planning commissions and organizations in the geographical
area served by the Regional Office to carry out the
responsibilities of a Regional Administrator under this
section.
``(2) Responsibilities.--The responsibilities of a Regional
Administrator include--
``(A) ensuring effective, coordinated, and integrated
regional preparedness, mitigation, response, and recovery
activities and programs for natural and man-made disasters
(including planning, training, exercises, and professional
development);
``(B) coordinating and integrating regional preparedness,
mitigation, response, and recovery activities and programs
for natural and man-made disasters (including planning,
training, exercises, and professional development), which
shall include--
``(i) providing regional and interstate planning
assistance;
``(ii) organizing, in consultation with the Administrator,
regional training and exercise programs;
``(iii) providing support and coordination officers for
State and local government training and exercises;
``(iv) participating in emergency preparedness and planning
activities by State, regional, and local governments;
``(v) assisting in the development of regional capabilities
needed for a national catastrophic response system; and
``(vi) helping to coordinate and develop interstate
agreements;
``(C) establishing and overseeing 1 or more strike teams
within the region under subsection (e), which shall serve as
the focal point of the Federal Government's initial response
efforts for a natural or man-made disaster within that
region, and otherwise building Federal response capabilities
to respond to a natural or man-made disaster within that
region;
``(D) working with the private sector to assess weaknesses
in critical infrastructure protection in the region and to
design and implement programs to address those weaknesses;
``(E) coordinating all activities conducted under this
section with other Federal departments and agencies; and
``(F) performing such other duties relating to such
responsibilities as the Administrator may require.
``(d) Area Offices.--The Administrator shall establish an
Area Office for the Pacific and an Area Office for the
Caribbean, as components in the appropriate Regional Offices.
``(e) Regional Office Strike Teams.--
``(1) Establishment.--In coordination with other relevant
Federal agencies, each Regional Administrator shall establish
multi-agency strike teams that shall consist of--
``(A) a designated Federal coordinating officer;
``(B) personnel trained in incident management;
``(C) public affairs, response and recovery, and
communications support personnel;
``(D) a defense coordinating officer;
``(E) liaisons to other Federal agencies;
``(F) such other personnel as the Administrator or Regional
Administrator determines appropriate; and
``(G) individuals from the agencies with primary
responsibility for each of the emergency support functions in
the National Response Plan, including the following:
``(i) Transportation.
``(ii) Communications.
``(iii) Public works and engineering.
``(iv) Emergency management.
``(v) Mass care.
``(vi) Housing and human services.
``(vii) Public health and medical services.
``(viii) Urban search and rescue.
``(ix) Public safety and security.
``(x) External affairs.
``(2) Location of members.--The members of each Regional
Office strike team, including representatives from agencies
other than the Department, shall be based primarily at the
Regional Office that corresponds to that strike team.
``(3) Coordination.--Each Regional Office strike team shall
coordinate the training and exercises of that strike team
with the State and local governments and private sector and
nongovernmental entities which the strike team shall support
when a natural or man-made disaster occurs.
``(4) Preparedness.--Each Regional Office strike team shall
be trained, equipped, and staffed to be well prepared to
respond to natural and man-made disasters, including
catastrophic incidents.
``(5) Authorization of appropriations.--There are
authorized to be appropriated such sums as necessary to carry
out this subsection.
``SEC. 508. NATIONAL ADVISORY COUNCIL ON EMERGENCY
PREPAREDNESS AND RESPONSE.
``(a) Establishment.--Not later than 60 days after the date
of enactment of the United States Emergency Management
Authority Act of 2006, the Secretary shall establish an
advisory body under section 871(a), to be known as the
National Advisory Council on Emergency Preparedness and
Response.
``(b) Responsibilities.--The National Advisory Council
shall advise the Administrator on all aspects of emergency
preparedness and response.
``(c) Membership.--
``(1) In general.--The members of the National Advisory
Council shall be appointed by the Administrator, and shall,
to the extent practicable, represent a geographic (including
urban and rural) and substantive cross section of State and
local government officials and emergency managers, and
emergency response providers, from State and local
governments, the private sector, and nongovernmental
organizations, including as appropriate--
``(A) members selected from the emergency preparedness and
response fields, including fire service, law enforcement,
hazardous materials response, emergency medical services, and
emergency preparedness and response personnel;
``(B) health scientists, emergency and inpatient medical
providers, and public health professionals;
``(C) experts representing standards setting organizations;
``(D) State and local government officials with expertise
in terrorism preparedness and emergency preparedness and
response;
``(E) elected State and local government executives;
``(F) experts in public and private sector infrastructure
protection, cybersecurity, and communications;
``(G) representatives of the disabled and other special
needs populations; and
``(H) such other individuals as the Administrator
determines to be appropriate.
``(d) Applicability of Federal Advisory Committee Act.--
``(1) In general.--Notwithstanding section 871(a) and
subject to paragraph (2), the Federal Advisory Committee Act
(5 U.S.C. App.), including subsections (a), (b), and (d) of
section 10 of such Act, and section 552b(c) of title 5,
United States Code, shall apply to the Advisory Council.
``(2) Termination.--Section 14(a)(2)(B) of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Advisory Council.
[[Page S6720]]
``SEC. 509. NATIONAL INCIDENT MANAGEMENT SYSTEM INTEGRATION
CENTER.
``(a) In General.--There is in the Authority a National
Incident Management System Integration Center.
``(b) Responsibilities.--
``(1) In general.--The Administrator, through the National
Incident Management System Integration Center, and in
consultation with other Federal departments and agencies and
the National Advisory Council, shall ensure ongoing
management and maintenance of the National Incident
Management System, the National Response Plan, any other
document or tool in support of Homeland Security Presidential
Directive 5, or any other Homeland Security Presidential
Directive relating to incident management and response.
``(2) Specific responsibilities.--The National Incident
Management System Integration Center shall--
``(A) periodically review, and revise, as appropriate, the
National Incident Management System and the National Response
Plan;
``(B) review other matters relating to the National
Incident Management System and the National Response Plan, as
the Administrator may require;
``(C) develop and implement a national program for National
Incident Management System and National Response Plan
education and awareness;
``(D) oversee all aspects of the National Incident
Management System, including the development of compliance
criteria and implementation activities at Federal, State, and
local government levels;
``(E) provide guidance and assistance to States and local
governments and emergency response providers, in adopting the
National Incident Management System; and
``(F) perform such other duties relating to such
responsibilities as the Administrator may require.
``SEC. 510. NATIONAL OPERATIONS CENTER.
``(a) Definition.--In this section, the term `situational
awareness' means information gathered from a variety of
sources that, when communicated to emergency preparedness and
response managers and decision makers, can form the basis for
incident management decisionmaking.
``(b) Establishment.--There is established in the
Department a National Operations Center.
``(c) Purpose.--The purposes of the National Operations
Center are to--
``(1) coordinate the national response to any natural or
man-made disaster, as determined by the Secretary;
``(2) provide situational awareness and a common operating
picture for the entire Federal Government, and for State and
local governments as appropriate, for an event described in
paragraph (1);
``(3) collect and analyze information to help deter,
detect, and prevent terrorist acts;
``(4) disseminate terrorism and disaster-related
information to Federal, State, and local governments;
``(5) ensure that critical terrorism and disaster-related
information reaches government decision-makers; and
``(6) perform such other duties as the Secretary may
require.
``(d) Responsibilities.--The National Operations Center
shall carry out the responsibilities of the Homeland Security
Operations Center, the National Response Coordination Center,
and the Interagency Incident Management Group, as constituted
on the date of enactment of the United States Emergency
Management Authority Act of 2006.
``SEC. 511. CHIEF MEDICAL OFFICER.
``(a) In General.--There is in the Authority a Chief
Medical Officer, who shall be appointed by the President, by
and with the advice and consent of the Senate. The Chief
Medical Officer shall report directly to the Administrator.
``(b) Qualifications.--The individual appointed as Chief
Medical Officer shall possess a demonstrated ability in and
knowledge of medicine and public health.
``(c) Responsibilities.--The Chief Medical Officer shall
have the primary responsibility within the Department for
medical issues related to natural and man-made disasters,
including--
``(1) serving as the principal advisor to the Secretary and
the Administrator on medical and public health issues;
``(2) coordinating the biosurveillance and detection
activities of the Department;
``(3) ensuring internal and external coordination of all
medical preparedness and response activities of the
Department, including training, exercises, and equipment
support;
``(4) serving as the Department's primary point of contact
with the Department of Agriculture, the Department of
Defense, the Department of Health and Human Services, the
Department of Transportation, the Department of Veterans
Affairs, and other Federal departments or agencies, on
medical and public health issues;
``(5) serving as the Department's primary point of contact
for State and local government, the medical community, and
others within and outside the Department, with respect to
medical and public health matters;
``(6) discharging, in coordination with the Under Secretary
for Science and Technology, the responsibilities of the
Department related to Project Bioshield;
``(7) establishing doctrine and priorities for the National
Disaster Medical System, consistent with the National
Response Plan and the National Incident Management System,
supervising its medical components, and exercising
predeployment operational control, including--
``(A) determining composition of the teams;
``(B) overseeing credentialing of the teams; and
``(C) training personnel of the teams;
``(8) establishing doctrine and priorities for the
Metropolitan Medical Response System, consistent with the
National Response Plan and the National Incident Management
System;
``(9) managing the Metropolitan Medical Response System,
including developing and overseeing standards, plans,
training, and exercises and coordinating with the Office of
Grants and Training on the use and distribution of
Metropolitan Medical Response grants;
``(10) assessing and monitoring long-term health issues of
emergency managers and emergency response providers;
``(11) developing and updating, in consultation with the
Secretary of Health and Human Services, guidelines for State
and local governments for medical response plans for
chemical, biological, radiological, nuclear, or explosive
weapon attacks;
``(12) developing, in consultation with the Secretary of
Health and Human Services, appropriate patient tracking
capabilities to execute domestic patient movement and
evacuations, including a system that has the capacity of
electronically maintaining and transmitting the health
information of hospital patients;
``(13) establishing and providing oversight for the
Department's occupational health and safety program,
including workforce health; and
``(14) performing such other duties relating to such
responsibilities as the Secretary or the Administrator may
require.
``(d) Long-Term Health Assessment Program.--The Chief
Medical Officer, in consultation with the Director of the
National Institute for Occupational Safety and Health, shall
establish a program to assess, monitor, and study the health
and safety of emergency managers and emergency response
providers, following Incidents of National Significance
declared by the Secretary under the National Response Plan.
``SEC. 512. PUBLIC AND COMMUNITY PREPAREDNESS.
``The Administrator shall promote public and community
preparedness.
``SEC. 513. SAVER PROGRAM.
``(a) In General.--In the Department there is a System
Assessment and Validation for Emergency Responders Program to
provide impartial evaluations of emergency response equipment
and systems.
``(b) Requirements.--The program established under
subsection (a) shall--
``(1) provide impartial, practitioner relevant, and
operationally oriented assessments and validations of
emergency response provider equipment and systems that have
not already been third-party certified to a standard adopted
by the Department, including--
``(A) commercial, off-the-shelf emergency response provider
equipment and systems in all equipment list categories of the
Standardized Equipment List published by the Interagency
Board for Equipment Standardization and Interoperability; and
``(B) such other equipment or systems as the Secretary
determines are appropriate;
``(2) provide information that enables decision-makers and
emergency response providers to better select, procure, use,
and maintain emergency response provider equipment or
systems;
``(3) assess and validate the performance of products
within a system and subsystems; and
``(4) provide information and feedback to emergency
response providers through the Responder Knowledge Base of
the National Memorial Institute for the Prevention of
Terrorism, or other appropriate forum.
``(c) Assessment and Validation Process.--The assessment
and validation of emergency response provider equipment and
systems shall use multiple evaluation techniques, including--
``(1) operational assessments of equipment performance on
vehicle platforms;
``(2) technical assessments on a comparative basis of
system component performance across makes and models under
controlled conditions; and
``(3) integrative assessments on an individual basis of
system component interoperability and compatibility with
other system components.
``(d) Personal Protective Equipment.--To the extent
practical, the assessment and validation of personal
protective equipment under this section shall be conducted by
the National Personal Protective Technology Laboratory of the
National Institute for Occupational Safety and Health.
``SEC. 514. NATIONAL SEARCH AND RESCUE RESPONSE SYSTEM.
``(a) National Search and Rescue Response System.--There is
established in the Authority an emergency response system
known as the National Search and Rescue Response System that
provides a national network of standardized search and rescue
resources to assist State and local governments in responding
to any natural or man-made disaster.
``(b) Administration of the System.--
``(1) Task force participation.--The Administrator shall
select eligible search and rescue teams that are sponsored by
State
[[Page S6721]]
and local government entities to participate as task forces
in the National Search and Rescue Response System. The
Administrator shall determine the criteria for such
participation.
``(2) Agreements with sponsoring agencies.--The
Administrator shall enter into an agreement with the State or
local government entity that sponsors each search and rescue
team selected under paragraph (1) with respect the team's
participation as a task force in the National Search and
Rescue Response System.
``(3) Management and technical teams.--The Administrator
shall maintain such management and other technical teams as
are necessary to administer the National Search and Rescue
Response System.
``SEC. 515. METROPOLITAN MEDICAL RESPONSE SYSTEM.
``(a) In General.--There is in the Authority a Metropolitan
Medical Response System. Under the Metropolitan Medical
Response System, the Assistant Secretary for Grants and
Planning, in coordination with the Chief Medical Officer,
shall administer grants to develop, maintain, and enhance
medical preparedness systems that are capable of responding
effectively to a public health crisis or mass-casualty event
caused by a natural or man-made disaster.
``(b) Use of Funds.--The Metropolitan Medical Response
System shall make grants to local governments to enhance any
of the following activities:
``(1) Medical surge capacity.
``(2) Mass prophylaxis.
``(3) Chemical, biological, radiological, nuclear, and
explosive detection, response, and decontamination
capabilities.
``(4) Emergency communications capabilities.
``(5) Information sharing and collaboration capabilities.
``(6) Regional collaboration.
``(7) Triage and pre-hospital treatment.
``(8) Medical supply management and distribution.
``(9) Fatality management.
``(10) Such other activities as the Secretary may provide.
``SEC. 516. EMERGENCY MANAGEMENT ASSISTANCE COMPACT
AUTHORIZATION.
``(a) In General.--The Secretary, acting through the
Administrator, may make grants for the purposes of
administering and improving the Emergency Management
Assistance Compact consented to by the Joint Resolution
entitled `Joint Resolution granting the consent of Congress
to the Emergency Management Assistance Compact' (Public Law
104-321; 110 Stat. 3877).
``(b) Uses.--A grant under this section shall be used to--
``(1) carry out recommendations identified in after-action
reports for the 2004 and 2005 hurricane season issued under
the Emergency Management Assistance Compact;
``(2) coordinate with the Department and other Federal
Government agencies;
``(3) coordinate with State and local government entities
and their respective national associations;
``(4) assist State and local governments with credentialing
emergency response providers and the typing of emergency
response resources; or
``(5) administer the operations of the Emergency Management
Assistance Compact.
``(c) Authorization of Appropriations.--There are
authorized to be appropriated to the Secretary to carry out
this section $4,000,000 for each of fiscal years 2007 through
2010. Amounts appropriated under this section shall remain
available for 3 fiscal years after the date on which such
funds are appropriated.
``SEC. 517. OFFICE FOR THE PREVENTION OF TERRORISM.
``(a) Establishment.--There is established in the
Department an Office for the Prevention of Terrorism, which
shall be headed by a Director.
``(b) Director.--
``(1) Reporting.--The Director of the Office for the
Prevention of Terrorism shall report directly to the
Secretary.
``(2) Qualifications.--The Director of the Office for the
Prevention of Terrorism shall have an appropriate background
with experience in law enforcement, intelligence, or other
anti-terrorist functions.
``(c) Assignment of Personnel.--
``(1) In general.--The Secretary shall assign to the Office
for the Prevention of Terrorism permanent staff and other
appropriate personnel detailed from other components of the
Department to carry out the responsibilities under this
section.
``(2) Liaisons.--The Secretary shall designate senior
employees from each component of the Department that has
significant antiterrorism responsibilities to act a liaison
between that component and the Office for the Prevention of
Terrorism.
``(d) Responsibilities.--The Director of the Office for the
Prevention of Terrorism shall--
``(1) coordinate policy and operations between the
Department and State and local government agencies relating
to preventing acts of terrorism within the United States;
``(2) serve as a liaison between State and local law
enforcement agencies and the Department;
``(3) in coordination with the Office of Intelligence,
develop better methods for the sharing of intelligence with
State and local law enforcement agencies;
``(4) coordinate with the Office of Grants and Training to
ensure that homeland security grants to State and local
government agencies are adequately focused on terrorism
prevention activities; and
``(5) coordinate with the Authority, the Department of
Justice, the National Institute of Justice, law enforcement
organizations, and other appropriate entities to develop
national voluntary consensus standards for training and
personal protective equipment to be used in a tactical
environment by law enforcement officers.
``(e) Pilot Project.--
``(1) In general.--The Director of the Office for the
Prevention of Terrorism, in coordination with the Director
for Response, shall establish a pilot project to determine
the efficacy and feasibility of establishing law enforcement
deployment teams.
``(2) Function.--The law enforcement deployment teams
participating in the pilot program under this subsection
shall form the basis of a national network of standardized
law enforcement resources to assist State and local
governments in responding to a natural or man-made disaster.
``(f) Construction.--Nothing in this section may be
construed to effect the roles or responsibilities of the
Department of Justice.
``SEC. 518. DEPARTMENT OFFICIALS.
``(a) Cybersecurity and Telecommunications.--There is in
the Department an Assistant Secretary for Cybersecurity and
Telecommunications.
``(b) United States Fire Administration.--The Administrator
of the United States Fire Administration shall have a rank
equivalent to an assistant secretary of the Department.''.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are
necessary to carry out this Act and the amendments made by
this Act.
SEC. 4. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Executive Schedule.--
(1) Administrator.--Section 5313 of title 5, United States
Code, is amended by adding at the end the following:
``Administrator of the United States Emergency Management
Authority.''.
(2) Directors.--Section 5314 of title 5, United States
Code, is amended by adding at the end the following:
``Directors, United States Emergency Management
Authority.''.
(3) FEMA officers.--
(A) Federal insurance administrator.--Section 5315 of title
5, United States Code, is amended by striking ``Federal
Insurance Administrator, Federal Emergency Management
Agency.''.
(B) Inspector general.--Section 5315 of title 5, United
States Code, is amended by striking ``Inspector General,
Federal Emergency Management Agency.''.
(C) Chief information officer.--Section 5315 of title 5,
United States Code, is amended by striking ``Chief
Information Officer, Federal Emergency Management Agency.''.
(b) Officers of the Department.--Section 103(a) of the
Homeland Security Act of 2002 (6 U.S.C. 113(a)) is amended--
(1) by striking paragraph (5) and inserting the following:
``(5) An Administrator of the United States Emergency
Management Authority.'';
(2) by striking paragraph (2); and
(3) by redesignating paragraphs (3) through (10) (as
amended by this subsection) as paragraphs (2) through (9),
respectively.
(c) Table of Contents.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.) is amended by striking the items relating to title V
and sections 501 through 509 and inserting the following:
``TITLE V--NATIONAL PREPAREDNESS AND RESPONSE
``Sec. 501. Definitions.
``Sec. 502. United States Emergency Management Authority.
``Sec. 503. Authorities and responsibilities.
``Sec. 504. Authority components.
``Sec. 505. Preserving the United States Emergency
Management Authority.
``Sec. 506. Directors.
``Sec. 507. Regional Offices.
``Sec. 508. National Advisory Council on Emergency
Preparedness and Response.
``Sec. 509. National Incident Management System Integration
Center.
``Sec. 510. National Operations Center.
``Sec. 511. Chief Medical Officer.
``Sec. 512. Public and community preparedness.
``Sec. 513. SAVER Program.
``Sec. 514. National Search and Rescue Response System.
``Sec. 515. Metropolitan Medical Response System.
``Sec. 516. Emergency Management Assistance Compact
authorization.
``Sec. 517. Office for the Prevention of Terrorism
Coordination.
``Sec. 518. Department officials.
``Sec. 519. Nuclear incident response.
``Sec. 520. Conduct of certain public health-related
activities.
``Sec. 521. Use of national private sector networks in
emergency response.
``Sec. 522. Use of commercially available technology,
goods, and services.
``Sec. 523. Procurement of security countermeasures for
strategic national stockpile.
``Sec. 524. Urban and other high risk area communications
capabilities.''.
SEC. 5. EFFECTIVE DATE.
This Act, and the amendments made by this Act, shall take
effect on January 1, 2007.
[[Page S6722]]
Mr. LIEBERMAN. Mr. President, I thank Chairman Collins who has been
good enough to allow me to speak for a few moments first because I have
an engagement I am supposed to be at around noon.
I am pleased to join with Chairman Collins today to both introduce
and speak in favor of this legislation to reinvent and rebuild FEMA
into an agency capable of responding efficiently and effectively to a
catastrophe the size and scope of Hurricane Katrina, but also to the
natural disasters that in the normal course of events have affected and
will affect the American people.
The Homeland Security and Governmental Affairs Committee spent 7
months last year and into this year investigating the failed Government
response to Hurricane Katrina. Our report recounts a double tragedy of
epic proportions, a tragedy caused, in the first instance, by nature,
and then a tragedy compounded by human folly and the failure of
leadership, including the failure of preparation.
We found that government at all levels--from the Federal Government
to the local government, from the White House to FEMA to the Governor's
office in Louisiana to the mayor's office in New Orleans--were
unprepared, even though the hurricane and its effect on the New Orleans
levee system had long been predicted. Likewise, all levels of
government were unequipped to deal with the human suffering that
followed the storm's landfall and galvanized the attention that
ultimately produced the enormous embarrassment and anger of the
American people as we watched our fellow Americans suffering in New
Orleans and throughout the gulf coast without the support and help they
have a right to expect from their government at all levels in a time of
disaster.
These failings were caused by negligence, lack of resources, lack of
capability, and a lack of leadership. Though we can legislate
requirements for those in positions of leadership--and we do in the
legislation we are introducing--we cannot legislate leadership. That is
a personal quality. But we can legislate bold changes at the Federal
level that are critical for our Nation to develop the capacity
necessary to protect our people in times of disaster, whether natural
or terrorist.
So in the aftermath of our report, we made a number of
recommendations about what we believed on a bipartisan basis was needed
to improve our preparations, response, and recovery the next time
disaster strikes, as it surely will.
One of our recommendations--perhaps the key recommendation--is to
rebuild FEMA into a more powerful, better managed, better integrated,
better supported organization. Our recommendation was to give the
reinvented FEMA, probably for the first time in its history, the
authority and muscle to respond to natural disasters and to
catastrophes--which is what Katrina was--in the way the American people
have a right to expect their Government to respond--with speed, with
efficiency, and with effect.
Today we introduce legislation that will do that. We call this new
organization the U.S. Emergency Management Authority, U.S.-EMA. But no
matter what we call it, this organization, we have concluded, must be
in the Department of Homeland Security; in fact, must be at the core of
that Department, just as FEMA was originally intended to do when we
proposed the new Department in 2002 based on the recommendations of the
Hart-Rudman Commission which said that the new Department must be
centered around FEMA.
The legislation we are introducing today is the first step in this
process. Chairman Collins and I expect soon to introduce a broader bill
that will encompass all of our report's key recommendations. But we
begin today by reaffirming how important it is to keep this critical
national emergency management function in the Department of Homeland
Security and how critical it is to strengthen it and rejoin the
functions of disaster response with disaster preparedness.
Our investigation of Hurricane Katrina made it clear to us that
preparedness and response are two sides of the same coin. In the years
before Katrina, FEMA, the agency charged with coordinating our Nation's
response to terrorist attacks or natural disasters, too often was out
of the loop when critical decisions about how to prepare--such as how
to spend billions of dollars in grants--were made. Exercises were
designed and held without serious input by FEMA. FEMA's ability to
respond was crippled because it was not central to preparedness, and
thus did not have the close relationships needed with state and local
officials on the front lines. The preparers and the responders need to
be working hand in hand with State and local officials, other Federal
agencies, and the private and non-profit sectors if both functions are
to work as well as we expect them to.
Our legislation first and foremost will ensure that our preparedness
efforts are closely linked, inseparable from the capabilities we need
to respond.
Our investigation also made clear that part of FEMA's problem during
Hurricane Katrina was that it was an agency weakened by years of budget
and staff cuts. At the time the
hurricane made landfall, FEMA had been operating with a 15-percent
vacancy rate for over a year. And it had a senior political management
largely without emergency management experience.
We address these problems by giving the new authority a special
status within the Department of Homeland Security--the same special
status the Coast Guard and Secret Service now have. With this status,
changes to the agency's functions and assets can only be made through
statute. Furthermore, we would require that the Administrator and other
key officials have the necessary experience and qualifications to get
the job done. U.S.-EMA will not be plagued by unqualified appointees
like FEMA has been.
The chairman and I also believe FEMA is too Washington-oriented and
too disconnected from the real work of preparing for disasters where
they actually occur, so we envision a rebuilt agency with robust
regional offices to focus on preparedness and response coordination
with local and State agencies. Each regional office would house a
permanent ``strike team'' that would include representatives from other
Federal agencies involved in emergency response to ensure the feds are
familiar with regional threats and with state and local emergency
personnel.
I know some of my colleagues believe FEMA should be removed from DHS
and given the full independent status it once had. But Senator Collins
and I know this is not the solution. Removing the agency from the
Department will only create additional problems. It would be like
removing the Army from the Department of Defense.
The U.S.-EMA, the Government's chief response agency, must have
access to the vast resources of the Department of Homeland Security and
it needs to work seamlessly with the other agencies that have critical
roles to play during catastrophes. The Coast Guard, which performed so
admirably during Katrina, might need to be activated. The Department's
communications capabilities, law enforcement, intelligence offices, and
infrastructure protection will all be needed in response to a
catastrophe. In other words, the Federal response must be integrated
and that will occur if all agencies have a history of working together
within the same Department, if the officials know one another, and if
they ultimately serve the same Secretary of Homeland Security.
Furthermore, taking FEMA out of DHS would create more and duplicative
bureaucracy. DHS would have to develop its own response capabilities.
FEMA would have to develop its own preparedness capabilities. And both
would need to have tools for obtaining situational awareness. We do not
have the resources to waste on that kind of duplication.
Returning FEMA to an independent agency is not a guarantee that it
will be competent. Even when it was independent, FEMA never did develop
the capabilities needed to respond to a catastrophe like Katrina. In
fact, its response to Hurricane Andrew in 1992--a much smaller storm,
killing about 50 people compared to Katrina's 1,500--was a disaster in
itself, leading the Government Accounting Office to conclude that it
had ``serious doubts about whether FEMA is capable of responding to
catastrophic disasters.'' The agency did improve subsequent to
Hurricane
[[Page S6723]]
Andrew but never had the ability to respond to a storm such as Katrina.
The desperate conditions of gulf coast communities in the week after
Katrina's landfall shocked the country. There are many other American
communities that are similarly vulnerable--whether to a natural
disaster or to terrorist attack. The next catastrophe is coming. We
know that. We also know there are significant flaws in the Nation's
readiness. We can't afford another response like the one to Katrina.
Our proposal is not about fiddling with bureaucratic flow charts or
re-branding, or rearranging the deck chairs on the Titanic. It is about
plugging the gash in the hull and building a better deck. It is about
saving people's lives by bringing together the skills, resources,
missions, and authority for effective preparedness and response to
catastrophes when local and State agencies are overwhelmed by a terror
attack or a natural disaster.
I ask my colleagues for their support of this legislation.
Mr. President, I yield to Chairman Collins for the rest of the
introduction of this legislation.
The PRESIDING OFFICER. The Senator from Maine.
Ms. COLLINS. Mr. President, I am very pleased to join my friend and
colleague, Senator Lieberman, in introducing a bill that addresses an
urgent challenge facing our Nation: the need to ensure a strong and
effective capability to deal with natural and manmade disasters,
whether they are hurricanes and ice storms or terrorist attacks and
pandemic diseases.
The U.S. Emergency Management Authority Act is intended to remedy
many of the glaring deficiencies that we all saw in the preparation and
response to Hurricane Katrina. The U.S.-EMA bill reflects the evidence
that the Senate Homeland Security Committee examined during the course
of an exhaustive and bipartisan 7-month investigation. The committee
convened 22 hearings, heard testimony from 85 witnesses, conducted more
than 325 formal interviews, and examined more than 838,000 pages of
documents.
The result is a 737-page report that contains 88 recommendations for
improving our emergency management system at all levels of government.
Our legislation is an important first step toward implementing the
committee's major recommendations for reforming FEMA. We will, as my
colleague, Senator Lieberman, indicated, be introducing subsequent
legislation to implement other recommendations.
The four key features of the bill that we introduce today will,
first, give the new authority statutory protection against actions that
could diminish its capabilities and effectiveness, such as departmental
reorganizations; second, ensure that the administrator of U.S.-EMA has
direct access to the President; third, reunite preparedness functions
with response capabilities while expanding U.S.-EMA's authority over
other key functions; and fourth, strengthen the authority's regional
focus with Federal strike teams for faster, more coordinated and
effective responses.
Senator Lieberman and I strongly believe that the best way to achieve
the goal of improving the Federal Government's ability to protect
American citizens from disaster, to mitigate the impacts, and to
promote recovery is to strengthen and expand the Federal Emergency
Management Agency, which we have proposed to rename the U.S. Emergency
Management Authority. As we saw so starkly and so tragically
demonstrated last year, FEMA simply must be made far more effective.
We believe FEMA needs special status within the Department of
Homeland Security. Our bill would extend to the reconstituted FEMA the
same kinds of statutory protections against departmental
reorganizations and raids on resources that currently shield the Coast
Guard and the Secret Service. I acknowledge the critical role played by
the Senator from Mississippi, Mr. Lott, in helping us draft this
portion of the bill.
FEMA would also require more regional focus and closer coordination
with local State entities, as well as with our nongovernmental
partners. They are the first line of response in a disaster. Our
legislation bolsters the role of FEMA's regional centers by authorizing
the creation of multiagency strike teams to ensure rapid and effective
cooperation with first responders and public officials in disaster
areas. These strike teams would comprise representatives from all of
the Federal agencies that play a role in responding to the disasters.
They would train and exercise with their State and local counterparts.
I was struck by the fact that during our investigation, we learned
that FEMA sent officials from region I--New England--down to help out
in New Orleans. Often they were the lead officials. These were trained
and dedicated people, but just think how much more effective they could
have been if they had been stationed in the region and working
regularly with the public officials in that region and with the first
responders.
We believe FEMA needs top-level access and visibility. The
administrator of the new U.S. Emergency Management Authority would be
designated by our bill as the principal adviser to the President on
matters of emergency management and would have direct access to the
President. This would establish the administrator in a capacity that is
analogous to that of the Chairman of the Joint Chiefs of Staff. In
addition, the administrator would be authorized to communicate any
recommendations, any needs and requirements directly to Congress.
Our intention to keep the strengthened FEMA as part of DHS has
stirred more debate than perhaps any other of our recommendations
emerging from the Katrina investigation. Some Members of this Chamber,
as well as proponents of a bill introduced in the House, insist that
FEMA must be extracted from the Department of Homeland Security and
restored to independent status. We share the view that the actions of
both FEMA and DHS officials before and during the Katrina disaster
revealed troubling and, at times, shocking lapses in awareness,
agility, and judgment. But we also believe that both logic and
practical realities point to reform, not amputation, as the best
approach to improved protection for our citizens.
Please recall that it was only 5 years ago--before the 9/11 terror
attacks--that the distinguished panel chaired by two of our former
colleagues, Senator Hart and Senator Rudman, recommended that America
establish a single agency to plan, coordinate, and integrate homeland
security operations. The Commission correctly deduced that FEMA was the
``necessary core'' of that new department, and Congress agreed. The
logic of that decision stands intact. The Department of Homeland
Security's mission extends to all types of hazards and to preparation
and mitigation as well as to response. DHS needs FEMA's capabilities
and would have to re-create many of them at great cost and with great
duplication of effort if FEMA were to be removed from the Department.
Even if that re-creation could somehow be done economically--and the
evidence is that it would cost billions of dollars--the result would be
new problems for State and local officials who direct first responders.
Bifurcated, competing preparedness systems would force State and local
officials to engage one system to prepare for natural disasters and
another to prepare for terrorist attacks. That does not make sense.
Many of the response capabilities are exactly the same whether the
catastrophe is caused by a natural disaster such as a hurricane or
whether it is the result of a terrorist attack. We know planning and
response capabilities are already far too weak in many States. DHS's
recent survey of the States proves that. We should not make the problem
worse.
For those who argue that FEMA simply cannot thrive, cannot be
successful within DHS, an obvious and telling question arises: How,
then, did the U.S. Coast Guard, also a unit within DHS, emerge as the
universally acclaimed hero of the Katrina response? Everyone believes
the Coast Guard was the stellar performer, yet the Coast Guard is part
of the Department of Homeland Security. So clearly FEMA's problem does
not lie in its placement within DHS. Unlike FEMA, however, the Coast
Guard has congressionally mandated protections, and our legislation
would extend that exact same protection to FEMA's successor agency.
The temptation to think that the answer is simply to remove FEMA is
[[Page S6724]]
strong, but it is wrong. Just as not all motion is forward, not every
change is progress. Emergency management expert Professor Donald Kettl
of the University of Pennsylvania put it well when he told our
committee:
It is tempting to send a strong signal by pulling FEMA out
of DHS. But that would only undermine its ability to
accomplish its mission. Breaking these pieces apart--
separating response to terrorism from response to natural
disasters, separating preparedness from response, separating
FEMA from DHS--would inevitably bring problems.
I would suggest these are just a few of the serious implications that
severing FEMA from DHS would cause.
First, coordination and reaction time would suffer. David Paulison,
the new Director of FEMA, says that he closely coordinates with the
Coast Guard, Immigration and Customs Enforcement, Border Patrol, and
the Secret Service through weekly meetings. In times of disaster, he
can simply make a request to these fellow DHS units; he doesn't have to
go through a bureaucratic, formal process. They are all parts of the
same department.
Second, training and preparedness would suffer. ADM Thad Allen of the
Coast Guard testified before the committee that having FEMA within DHS
has allowed much closer working ties and a 350-percent increase in
joint training exercises.
Third, DHS's mission capability would suffer. The Homeland Security
Act specifies that part of DHS's mission was to act as the focal point
for natural and manmade emergencies and for emergency planning. As the
Comptroller General has said:
Removing FEMA from DHS might impact the ability of the
department and its remaining components and FEMA itself in
fully addressing the close links between preparedness,
prevention, response, and recovery from all hazards.
Fourth, State and local governments would suffer. If preparedness
functions for natural disasters and terrorist attacks were divided,
State and local governments would have to deal with two primary points
of contact, two sets of regulations, two sources of funding, and two
sets of officials. It greatly complicates their tasks.
Fifth, I strongly believe that FEMA would suffer. Removed from DHS,
FEMA would lose many of the working relationships I have already
described as well as the direct access to the information-gathering and
analysis capabilities of other DHS agencies. This would degrade FEMA's
ability to plan and train for both natural and manmade disasters and to
make efficient use of grant-making authority.
To me, it is clear that a strengthened--a much strengthened--FEMA
still belongs in DHS, that the necessary reforms can be carried out
while it remains in DHS, and that severing FEMA from DHS would create a
host of new problems, resulting in considerable extra expense and
duplication, without securing any significant benefits. It is worth
noting that America's largest group of first responders has come to the
same conclusion. The president of the 274,000-member International
Association of Firefighters has written us to say:
Removing FEMA would hinder--rather than help--efforts to
reform our Nation's emergency response system. Having both a
DHS and an independent FEMA would create confusion among
local response personnel and lead to an unproductive
duplication of efforts and turf battles.
Having summarized what I see as compelling arguments for
strengthening and protecting FEMA as a component of DHS, let me outline
some of the key provisions of our U.S.-EMA bill.
First, the bill establishes a strong position for the Administrator
of the U.S. Emergency Management Authority. Once nominated by the
President and confirmed by the Senate, the Administrator will have the
standing of a Deputy Secretary, and will operate on a reporting and
chain of command model like that of the Chairman of the Joint Chiefs of
Staff. Day to day, the Administrator will report to the DHS Secretary,
but the bill explicitly provides a direct line of communication between
the President and the Administrator during a catastrophe. In addition,
the Administrator may make whatever recommendations to Congress that he
or she deems appropriate.
The bill provides for directors, nominated by the President and
confirmed by the Senate, to provide the Administrator with highly
qualified professionals in Preparedness and Mitigation, Response, and
Recovery. Apart from bolstering the organization, authorizing these
posts would send a clear signal to the Nation's Governors and mayors
that they will have people of stature with whom to work and confer.
Besides providing the Administrator of U.S.-EMA with an advisory link
to the President, the bill specifically tasks the Administrator with
providing the federal leadership necessary to prepare for and respond
to a disaster, whether man-made or natural. It gives the Administrator
responsibility for administering preparedness grant programs, and for
monitoring and evaluating the readiness of each of the emergency
support functions under the national response plan. These are critical
steps for ensuring close cooperation and oversight of preparedness at
all levels of government.
The bill specifies that U.S.-EMA is a distinct entity and protects it
from reorganization without explicit Congressional approval. This gives
U.S.-EMA security identical to that of the Coast Guard.
Another critical element of the bill authorizes a strong regional
structure for U.S.-EMA and creates regionally based federal strike
teams for rapid response. This will ensure that U.S.-EMA officials are
familiar with the people, the vulnerabilities, and the resources of the
regions they protect, and will not be introducing themselves to
strangers on unfamiliar ground when disaster strikes.
Further recognizing the importance of mult-level government
coordination, the bill creates a national advisory council on emergency
preparedness and response--made up of State and local officials and
emergency management professionals from public, private and NGO
sectors--to advise the Administrator of U.S.-EMA.
Our bill provides a statutory basis for chief medical officer to
advise the DHS Secretary on medical and public-health issues. Other
sections promote public and community preparedness; evaluate the
effectiveness of equipment for first responders; reauthorize and expand
the emergency management assistance compact; and create an office of
terrorism prevention at DHS.
Mr. President, the U.S. Emergency Management Authority Act is not a
symbolic gesture, or a quick fix for our problems. It is a thoroughly
researched, carefully drafted collection of reforms that will lay the
foundation for years of hard work.
The result, we firmly believe, will be a significantly more effective
national system of preparedness, mitigation, response, and recovery
against natural disasters and terror attacks. Building on the insights
of the Hart-Rudman Commission and on the important advances embodied in
the Homeland Security Act, the U.S.-EMA bill will greatly improve the
protections that American citizens need, and deserve.
Mr. President, my statement has outlined the reforms we are making to
this new agency. They are considerable. They are going to make a real
difference, and I hope we can pass legislation before the end of this
year to greatly strengthen and improve FEMA and our emergency response
system and preparedness on all levels of government.
____________________