[Congressional Record Volume 152, Number 94 (Tuesday, July 18, 2006)]
[Senate]
[Pages S7754-S7766]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. BURR (for himself, Mr. Kennedy, Mr. Enzi, Mr. Harkin, Mr.
Gregg, Mr. Frist, and Ms. Mikulski):
S. 3678. A bill to amend the Public Health Service Act with respect
to public health security and all-hazards preparedness and response,
and for other purposes; to the Committee on Health, Education, Labor,
and Pensions.
Mr. BURR. 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. 3678
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 ``Pandemic
and All-Hazards Preparedness Act''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--NATIONAL PREPAREDNESS AND RESPONSE, LEADERSHIP, ORGANIZATION,
AND PLANNING
Sec. 101. Public health and medical preparedness and response functions
of the Secretary of Health and Human Services.
Sec. 102. Assistant Secretary for Preparedness and Response.
Sec. 103. National Health Security Strategy.
TITLE II--PUBLIC HEALTH SECURITY PREPAREDNESS
Sec. 201. Improving State and local public health security.
Sec. 202. Using information technology to improve situational awareness
in public health emergencies.
Sec. 203. Public health workforce enhancements.
Sec. 204. Vaccine tracking and distribution.
Sec. 205. National Science Advisory Board for Biosecurity.
TITLE III--ALL-HAZARDS MEDICAL SURGE CAPACITY
Sec. 301. National Disaster Medical System.
Sec. 302. Enhancing medical surge capacity.
Sec. 303. Encouraging health professional volunteers.
Sec. 304. Core education and training.
Sec. 305. Partnerships for state and regional hospital preparedness to
improve surge capacity.
Sec. 306. Enhancing the role of the Department of Veterans Affairs.
TITLE I--NATIONAL PREPAREDNESS AND RESPONSE, LEADERSHIP, ORGANIZATION,
AND PLANNING
SEC. 101. PUBLIC HEALTH AND MEDICAL PREPAREDNESS AND RESPONSE
FUNCTIONS OF THE SECRETARY OF HEALTH AND HUMAN
SERVICES.
Title XXVIII of the Public Health Service Act (42 U.S.C.
300hh-11 et seq.) is amended--
(1) by striking the title heading and inserting the
following:
``TITLE XXVIII--NATIONAL ALL-HAZARDS PREPAREDNESS FOR PUBLIC HEALTH
EMERGENCIES'';
(2) by amending subtitle A to read as follows:
``Subtitle A--National All-Hazards Preparedness and Response Planning,
Coordinating, and Reporting
``SEC. 2801. PUBLIC HEALTH AND MEDICAL PREPAREDNESS AND
RESPONSE FUNCTIONS.
``(a) In General.--The Secretary of Health and Human
Services shall lead all Federal public health and medical
response to public health emergencies and incidents covered
by the National Response Plan developed pursuant to section
502(6) of the Homeland Security Act of 2002, or any successor
plan.
``(b) Interagency Agreement.--The Secretary, in
collaboration with the Secretary of Veterans Affairs, the
Secretary of Transportation, the Secretary of Defense, the
Secretary of Homeland Security, and the head of any other
relevant Federal agency, shall establish an interagency
agreement, consistent with the National Response Plan or any
successor plan, under which agreement the Secretary of Health
and Human Services shall assume operational control of
emergency public health and medical response assets, as
necessary, in the event of a public health emergency.''.
SEC. 102. ASSISTANT SECRETARY FOR PREPAREDNESS AND RESPONSE.
(a) Assistant Secretary for Preparedness and Response.--
Subtitle B of title XXVIII of the Public Health Service Act
(42 U.S.C. 300hh-11 et seq.) is amended--
(1) in the subtitle heading, by inserting ``All-Hazards''
before ``Emergency Preparedness'';
(2) by redesignating section 2811 as section 2812;
(3) by inserting after the subtitle heading the following
new section:
``SEC. 2811. COORDINATION OF PREPAREDNESS FOR AND RESPONSE TO
ALL-HAZARDS PUBLIC HEALTH EMERGENCIES.
``(a) In General.--There is established within the
Department of Health and Human Services the position of the
Assistant Secretary for Preparedness and Response. The
President, with the advice and consent of the Senate, shall
appoint an individual to serve in such position. Such
Assistant Secretary shall report to the Secretary.
``(b) Duties.--Subject to the authority of the Secretary,
the Assistant Secretary for Preparedness and Response shall
carry out the following functions:
``(1) Leadership.--Serve as the principal advisor to the
Secretary on all matters related to Federal public health and
medical preparedness and response for public health
emergencies.
``(2) Personnel.--Register, credential, organize, train,
equip, and have the authority to deploy Federal public health
and medical personnel under the authority of the Secretary,
including the National Disaster Medical System, and
coordinate such personnel with the Medical Reserve Corps and
the Emergency System for Advance Registration of Volunteer
Health Professionals.
``(3) Countermeasures.--
``(A) Oversight.--Oversee advanced research, development,
and procurement of qualified countermeasures (as defined in
section 319F-1) and qualified pandemic or epidemic products
(as defined in section 319F-3).
``(B) Strategic national stockpile.--Maintain the Strategic
National Stockpile in accordance with section 319F-2,
including conducting an annual review (taking into account
at-risk individuals) of the contents of the stockpile,
including non-pharmaceutical supplies, and make necessary
additions or modifications to the contents based on such
review.
``(4) Coordination.--
``(A) Federal integration.--Coordinate with relevant
Federal officials to ensure integration of Federal
preparedness and response activities for public health
emergencies.
``(B) State, local, and tribal integration.--Coordinate
with State, local, and tribal public health officials, the
Emergency Management Assistance Compact, health care systems,
and emergency medical service systems to ensure effective
integration of Federal public health and medical assets
during a public health emergency.
``(C) Emergency medical services.--Promote improved
emergency medical services medical direction, system
integration, research, and uniformity of data collection,
treatment protocols, and policies with regard to public
health emergencies.
``(5) Logistics.--In coordination with the Secretary of
Veterans Affairs, the Secretary of Homeland Security, the
General Services Administration, and other public and private
[[Page S7755]]
entities, provide logistical support for medical and public
health aspects of Federal responses to public health
emergencies.
``(6) Leadership.--Provide leadership in international
programs, initiatives, and policies that deal with public
health and medical emergency preparedness and response.
``(c) Functions.--The Assistant Secretary for Preparedness
and Response shall--
``(1) have authority over and responsibility for the
functions, personnel, assets, and liabilities of the
following--
``(A) the National Disaster Medical System (in accordance
with section 301 of the Pandemic and All-Hazards Preparedness
Act);
``(B) the Hospital Preparedness Cooperative Agreement
Program pursuant to section 319C-2; and
``(C) the Public Health Preparedness Cooperative Agreement
Program pursuant to section 319C-1;
``(2) exercise the responsibilities and authorities of the
Secretary with respect to the coordination of--
``(A) the Medical Reserve Corps pursuant to section 2813 as
added by the Pandemic and All-Hazards Preparedness Act;
``(B) the Emergency System for Advance Registration of
Volunteer Health Professionals pursuant to section 319I;
``(C) the Strategic National Stockpile; and
``(D) the Cities Readiness Initiative; and
``(3) assume other duties as determined appropriate by the
Secretary.''; and
(4) by striking ``Assistant Secretary for Public Health
Emergency Preparedness'' each place it appears and inserting
``Assistant Secretary for Preparedness and Response''.
(b) Transfer of Functions; References.--
(1) Transfer of functions.--There shall be transferred to
the Office of the Assistant Secretary for Preparedness and
Response the functions, personnel, assets, and liabilities of
the Assistant Secretary for Public Health Emergency
Preparedness as in effect on the day before the date of
enactment of this Act.
(2) References.--Any reference in any Federal law,
Executive order, rule, regulation, or delegation of
authority, or any document of or pertaining to the Assistant
Secretary for Public Health Emergency Preparedness as in
effect the day before the date of enactment of this Act,
shall be deemed to be a reference to the Assistant Secretary
for Preparedness and Response.
SEC. 103. NATIONAL HEALTH SECURITY STRATEGY.
Title XXVIII of the Public Health Service Act (300hh-11 et
seq.), as amended by section 101, is amended by inserting
after section 2801 the following:
``SEC. 2802. NATIONAL HEALTH SECURITY STRATEGY.
``(a) In General.--
``(1) Preparedness and response regarding public health
emergencies.--Beginning in 2009 and every 4 years thereafter,
the Secretary shall prepare and submit to the relevant
Committees of Congress a coordinated strategy and any
revisions thereof, and an accompanying implementation plan
for public health emergency preparedness and response. The
strategy shall identify the process for achieving the
preparedness goals described in subsection (b) and shall be
consistent with the National Preparedness Goal, the National
Incident Management System, and the National Response Plan
developed pursuant to section 502(6) of the Homeland Security
Act of 2002, or any successor plan.
``(2) Evaluation of progress.--The National Health Security
Strategy shall include an evaluation of the progress made by
Federal, State, local, and tribal entities, based on the
evidence-based benchmarks and objective standards that
measure levels of preparedness established pursuant to
section 319C-1(g). Such evaluation shall include aggregate
and State-specific breakdowns of obligated funding spent by
major category (as defined by the Secretary) for activities
funded through awards pursuant to sections 319C-1 and 319C-2.
``(3) Public health workforce.--In 2009, the National
Health Security Strategy shall include a national strategy
for establishing an effective and prepared public health
workforce, including defining the functions, capabilities,
and gaps in such workforce, and identifying strategies to
recruit, retain, and protect such workforce from workplace
exposures during public health emergencies.
``(b) Preparedness Goals.--The strategy under subsection
(a) shall include provisions in furtherance of the following:
``(1) Integration.--Integrating public health and public
and private medical capabilities with other first responder
systems, including through--
``(A) the periodic evaluation of Federal, State, local, and
tribal preparedness and response capabilities through drills
and exercises; and
``(B) integrating public and private sector public health
and medical donations and volunteers.
``(2) Public health.--Developing and sustaining Federal,
State, local, and tribal essential public health security
capabilities, including the following:
``(A) Disease situational awareness domestically and
abroad, including detection, identification, and
investigation.
``(B) Disease containment including capabilities for
isolation, quarantine, social distancing, and
decontamination.
``(C) Risk communication and public preparedness.
``(D) Rapid distribution and administration of medical
countermeasures.
``(3) Medical.--Increasing the preparedness, response
capabilities, and surge capacity of hospitals, other health
care facilities (including mental health facilities), and
trauma care and emergency medical service systems with
respect to public health emergencies, which shall include
developing plans for the following:
``(A) Strengthening public health emergency medical
management and treatment capabilities.
``(B) Medical evacuation and fatality management.
``(C) Rapid distribution and administration of medical
countermeasures.
``(D) Effective utilization of any available public and
private mobile medical assets and integration of other
Federal assets.
``(E) Protecting health care workers and health care first
responders from workplace exposures during a public health
emergency.
``(4) At-risk individuals.--
``(A) Taking into account the public health and medical
needs of at-risk individuals in the event of a public health
emergency.
``(B) For purpose of this title and section 319, the term
`at-risk individuals' means children, pregnant women, senior
citizens and other individuals who have special needs in the
event of a public health emergency, as determined by the
Secretary.
``(5) Coordination.--Minimizing duplication of, and
ensuring coordination between Federal, State, local, and
tribal planning, preparedness, and response activities
(including the State Emergency Management Assistance
Compact). Such planning shall be consistent with the National
Response Plan, or any successor plan, and National Incident
Management System and the National Preparedness Goal.
``(6) Continuity of operations.--Maintaining vital public
health and medical services to allow for optimal Federal,
State, local, and tribal operations in the event of a public
health emergency.''.
TITLE II--PUBLIC HEALTH SECURITY PREPAREDNESS
SEC. 201. IMPROVING STATE AND LOCAL PUBLIC HEALTH SECURITY.
Section 319C-1 of the Public Health Service Act (42 U.S.C.
247d-3a) is amended--
(1) by amending the heading to read as follows: ``improving
state and local public health security.'';
(2) by striking subsections (a) through (i) and inserting
the following:
``(a) In General.--To enhance the security of the United
States with respect to public health emergencies, the
Secretary shall award cooperative agreements to eligible
entities to enable such entities to conduct the activities
described in subsection (d).
``(b) Eligible Entities.--To be eligible to receive an
award under subsection (a), an entity shall--
``(1)(A) be a State;
``(B) be a political subdivision determined by the
Secretary to be eligible for an award under this section
(based on criteria described in subsection (h)(4); or
``(C) be a consortium of entities described in subparagraph
(A); and
``(2) prepare and submit to the Secretary an application at
such time, and in such manner, and containing such
information as the Secretary may require, including--
``(A) an All-Hazards Public Health Emergency Preparedness
and Response Plan which shall include--
``(i) a description of the activities such entity will
carry out under the agreement to meet the goals identified
under section 2802;
``(ii) a pandemic influenza plan consistent with the
requirements of paragraphs (2) and (5) of subsection (g);
``(iii) preparedness and response strategies and
capabilities that take into account the medical and public
health needs of at-risk individuals in the event of a public
health emergency;
``(iv) a description of the mechanism the entity will
implement to utilize the Emergency Management Assistance
Compact or other mutual aid agreements for medical and public
health mutual aid; and
``(v) a description of how the entity will include the
State Area Agency on Aging in public health emergency
preparedness;
``(B) an assurance that the entity will report to the
Secretary on an annual basis (or more frequently as
determined by the Secretary) on the evidence-based benchmarks
and objective standards established by the Secretary to
evaluate the preparedness and response capabilities of such
entity;
``(C) an assurance that the entity will conduct, on at
least an annual basis, an exercise or drill that meets any
criteria established by the Secretary to test the
preparedness and response capabilities of such entity, and
that the entity will report back to the Secretary within the
application of the following year on the strengths and
weaknesses identified through such exercise or drill, and
corrective actions taken to address material weaknesses;
``(D) an assurance that the entity will provide to the
Secretary the data described under section 319D(d)(3) as
determined feasible by the Secretary;
``(E) an assurance that the entity will conduct activities
to inform and educate the hospitals within the jurisdiction
of such entity on the role of such hospitals in the plan
required under subparagraph (A);
``(F) an assurance that the entity, with respect to the
plan described under subparagraph (A), has developed and will
implement an accountability system to ensure that
[[Page S7756]]
such entity make satisfactory annual improvement and describe
such system in the plan under subparagraph (A);
``(G) a description of the means by which to obtain public
comment and input on the plan described in subparagraph (A)
and on the implementation of such plan, that shall include an
advisory committee or other similar mechanism for obtaining
comment from the public and from other State, local, and
tribal stakeholders; and
``(H) as relevant, a description of the process used by the
entity to consult with local departments of public health to
reach consensus, approval, or concurrence on the relative
distribution of amounts received under this section.
``(c) Limitation.--Beginning in fiscal year 2009, the
Secretary may not award a cooperative agreement to a State
unless such State is a participant in the Emergency System
for Advance Registration of Volunteer Health Professionals
described in section 319I.
``(d) Use of Funds.--
``(1) In general.--An award under subsection (a) shall be
expended for activities to achieve the preparedness goals
described under paragraphs (1), (2), (4), (5), and (6) of
section 2802(b).
``(2) Effect of section.--Nothing in this subsection may be
construed as establishing new regulatory authority or as
modifying any existing regulatory authority.
``(e) Coordination With Local Response Capabilities.--An
entity shall, to the extent practicable, ensure that
activities carried out under an award under subsection (a)
are coordinated with activities of relevant Metropolitan
Medical Response Systems, local public health departments,
the Cities Readiness Initiative, and local emergency plans.
``(f) Consultation With Homeland Security.--In making
awards under subsection (a), the Secretary shall consult with
the Secretary of Homeland Security to--
``(1) ensure maximum coordination of public health and
medical preparedness and response activities with the
Metropolitan Medical Response System, and other relevant
activities;
``(2) minimize duplicative funding of programs and
activities;
``(3) analyze activities, including exercises and drills,
conducted under this section to develop recommendations and
guidance on best practices for such activities, and
``(4) disseminate such recommendations and guidance,
including through expanding existing lessons learned
information system to create a single Internet-based point of
access for sharing and distributing medical and public health
best practices and lessons learned from drills, exercises,
disasters, and other emergencies.
``(g) Achievement of Measurable Evidence-Based Benchmarks
and Objective Standards.--
``(1) In general.--Not later than 180 days after the date
of enactment of the Pandemic and All-Hazards Preparedness
Act, the Secretary shall develop or where appropriate adopt,
and require the application of measurable evidence-based
benchmarks and objective standards that measure levels of
preparedness with respect to the activities described in this
section and with respect to activities described in section
319C-2. In developing such benchmarks and standards, the
Secretary shall consult with and seek comments from State,
local, and tribal officials and private entities, as
appropriate. Where appropriate, the Secretary shall
incorporate existing objective standards. Such benchmarks and
standards shall, at a minimum, require entities to--
``(A) demonstrate progress toward achieving the
preparedness goals described in section 2802 in a reasonable
timeframe determined by the Secretary;
``(B) annually report grant expenditures to the Secretary
(in a form prescribed by the Secretary) who shall ensure that
such information is included on the Federal Internet-based
point of access developed under subsection (f); and
``(C) at least annually, test and exercise the public
health and medical emergency preparedness and response
capabilities of the grantee, based on criteria established by
the Secretary.
``(2) Criteria for pandemic influenza plans.--
``(A) In general.--Not later than 180 days after the date
of enactment of the Pandemic and All-Hazards Preparedness
Act, the Secretary shall develop and disseminate to the chief
executive officer of each State criteria for an effective
State plan for responding to pandemic influenza.
``(B) Rule of construction.--Nothing in this section shall
be construed to require the duplication of Federal efforts
with respect to the development of criteria or standards,
without regard to whether such efforts were carried out prior
to or after the date of enactment of this section.
``(3) Technical assistance.--The Secretary shall, as
determined appropriate by the Secretary, provide to a State,
upon request, technical assistance in meeting the
requirements of this section, including the provision of
advice by experts in the development of high-quality
assessments, the setting of State objectives and assessment
methods, the development of measures of satisfactory annual
improvement that are valid and reliable, and other relevant
areas.
``(4) Notification of failures.--The Secretary shall
develop and implement a process to notify entities that are
determined by the Secretary to have failed to meet the
requirements of paragraph (1) or (2). Such process shall
provide such entities with the opportunity to correct such
noncompliance. An entity that fails to correct such
noncompliance shall be subject to paragraph (5).
``(5) Withholding of amounts from entities that fail to
achieve benchmarks or submit influenza plan.--Beginning with
fiscal year 2009, and in each succeeding fiscal year, the
Secretary shall--
``(A) withhold from each entity that has failed
substantially to meet the benchmarks and performance measures
described in paragraph (1) for a previous fiscal year
(beginning with fiscal year 2008), pursuant to the process
developed under paragraph (4), the amount described in
paragraph (6); and
``(B) withhold from each entity that has failed to submit
to the Secretary a plan for responding to pandemic influenza
that meets the criteria developed under paragraph (2), the
amount described in paragraph (6).
``(6) Amounts described.--
``(A) In general.--The amounts described in this paragraph
are the following amounts that are payable to an entity for
activities described in section 319C-1 or 319C-2:
``(i) For the fiscal year immediately following a fiscal
year in which an entity experienced a failure described in
subparagraph (A) or (B) of paragraph (5) by the entity, an
amount equal to 10 percent of the amount the entity was
eligible to receive for such fiscal year.
``(ii) For the fiscal year immediately following two
consecutive fiscal years in which an entity experienced such
a failure, an amount equal to 15 percent of the amount the
entity was eligible to receive for such fiscal year, taking
into account the withholding of funds for the immediately
preceding fiscal year under clause (i).
``(iii) For the fiscal year immediately following three
consecutive fiscal years in which an entity experienced such
a failure, an amount equal to 20 percent of the amount the
entity was eligible to receive for such fiscal year, taking
into account the withholding of funds for the immediately
preceding fiscal years under clauses (i) and (ii).
``(iv) For the fiscal year immediately following four
consecutive fiscal years in which an entity experienced such
a failure, an amount equal to 25 percent of the amount the
entity was eligible to receive for such a fiscal year, taking
into account the withholding of funds for the immediately
preceding fiscal years under clauses (i), (ii), and (iii).
``(B) Separate accounting.--Each failure described in
subparagraph (A) or (B) of paragraph (5) shall be treated as
a separate failure for purposes of calculating amounts
withheld under subparagraph (A).
``(7) Reallocation of amounts withheld.--
``(A) In general.--The Secretary shall make amounts
withheld under paragraph (6) available for making awards
under section 319C-2 to entities described in subsection
(b)(1) of such section.
``(B) Preference in reallocation.--In making awards under
section 319C-2 with amounts described in subparagraph (A),
the Secretary shall give preference to eligible entities (as
described in section 319C-2(b)(1)) that are located in whole
or in part in States from which amounts have been withheld
under paragraph (6).
``(8) Waiver or reduce withholding.--The Secretary may
waive or reduce the withholding described in paragraph (6),
for a single entity or for all entities in a fiscal year, if
the Secretary determines that mitigating conditions exist
that justify the waiver or reduction.'';
(3) by redesignating subsection (j) as subsection (h);
(4) in subsection (h), as so redesignated--
(A) by striking paragraphs (1) through (3)(A) and inserting
the following:
``(1) Authorization of appropriations.--
``(A) In general.--For the purpose of carrying out this
section, there is authorized to be appropriated $824,000,000
fiscal year 2007 for awards pursuant to paragraph (3)
(subject to the authority of the Secretary to make awards
pursuant to paragraphs (4) and (5)), and such sums as may be
necessary for each of fiscal years 2008 through 2011.
``(B) Coordination.--There are authorized to be
appropriated, $10,000,000 for fiscal year 2007 to carry out
subsection (f)(3).
``(C) Requirement for state matching funds.--Beginning in
fiscal year 2009, in the case of any State or consortium of
two or more States, the Secretary may not award a cooperative
agreement under this section unless the State or consortium
of States agree that, with respect to the amount of the
cooperative agreement awarded by the Secretary, the State or
consortium of States will make available (directly or through
donations from public or private entities) non-Federal
contributions in an amount equal to--
``(i) for the first fiscal year of the cooperative
agreement, not less than 5 percent of such costs ($1 for each
$20 of Federal funds provided in the cooperative agreement);
and
``(ii) for any second fiscal year of the cooperative
agreement, and for any subsequent fiscal year of such
cooperative agreement, not less than 10 percent of such costs
($1 for each $10 of Federal funds provided in the cooperative
agreement).
``(D) Determination of amount of non-federal
contributions.--As determined by the Secretary, non-Federal
contributions required in subparagraph (C) may be provided
directly or through donations from public or private entities
and may be in cash or in kind, fairly evaluated, including
plant, equipment or services. Amounts provided by
[[Page S7757]]
the Federal government, or services assisted or subsidized to
any significant extent by the Federal government, may not be
included in determining the amount of such non-Federal
contributions.
``(2) Maintaining state funding.--
``(A) In general.--An entity that receives an award under
this section shall maintain expenditures for public health
security at a level that is not less than the average level
of such expenditures maintained by the entity for the
preceding 2 year period.
``(B) Rule of construction.--Nothing in this section shall
be construed to prohibit the use of awards under this section
to pay salary and related expenses of public health and other
professionals employed by State, local, or tribal public
health agencies who are carrying out activities supported by
such awards (regardless of whether the primary assignment of
such personnel is to carry out such activities).
``(3) Determination of amount.--
``(A) In general.--The Secretary shall award cooperative
agreements under subsection (a) to each State or consortium
of 2 or more States that submits to the Secretary an
application that meets the criteria of the Secretary for the
receipt of such an award and that meets other implementation
conditions established by the Secretary for such awards.'';
(B) in paragraph (4)(A)--
(i) by striking ``2003'' and inserting ``2007''; and
(ii) by striking ``(A)(i)(I)'';
(C) in paragraph (4)(D), by striking ``2002'' and inserting
``2006'';
(D) in paragraph (5), by striking ``2003'' and inserting
``2007''; and
(E) by striking paragraph (6) and inserting the following:
``(6) Funding of local entities.--The Secretary shall, in
making awards under this section, ensure that with respect to
the cooperative agreement awarded, the entity make available
appropriate portions of such award to political subdivisions
and local departments of public health through a process
involving the consensus, approval or concurrence with such
local entities.''; and
(5) by adding at the end the following:
``(i) Administrative and Fiscal Responsibility.--
``(1) Annual reporting requirements.--Each entity shall
prepare and submit to the Secretary annual reports on its
activities under this section and section 319C-2. Each such
report shall be prepared by, or in consultation with, the
health department. In order to properly evaluate and compare
the performance of different entities assisted under this
section and section 319C-2 and to assure the proper
expenditure of funds under this section and section 319C-2,
such reports shall be in such standardized form and contain
such information as the Secretary determines (after
consultation with the States) to be necessary to--
``(A) secure an accurate description of those activities;
``(B) secure a complete record of the purposes for which
funds were spent, and of the recipients of such funds;
``(C) describe the extent to which the entity has met the
goals and objectives it set forth under this section or
section 319C-2; and
``(D) determine the extent to which funds were expended
consistent with the entity's application transmitted under
this section or section 319C-2.
``(2) Audits; implementation.--
``(A) In general.--Each entity receiving funds under this
section or section 319C-2 shall, not less often than once
every 2 years, audit its expenditures from amounts received
under this section or section 319C-2. Such audits shall be
conducted by an entity independent of the agency
administering a program funded under this section or section
319C-2 in accordance with the Comptroller General's standards
for auditing governmental organizations, programs,
activities, and functions and generally accepted auditing
standards. Within 30 days following the completion of each
audit report, the entity shall submit a copy of that audit
report to the Secretary.
``(B) Repayment.--Each entity shall repay to the United
States amounts found by the Secretary, after notice and
opportunity for a hearing to the entity, not to have been
expended in accordance with this section or section 319C-2
and, if such repayment is not made, the Secretary may offset
such amounts against the amount of any allotment to which the
entity is or may become entitled under this section or
section 319C-2 or may otherwise recover such amounts.
``(C) Withholding of payment.--The Secretary may, after
notice and opportunity for a hearing, withhold payment of
funds to any entity which is not using its allotment under
this section or section 319C-2 in accordance with such
section. The Secretary may withhold such funds until the
Secretary finds that the reason for the withholding has been
removed and there is reasonable assurance that it will not
recur.
``(3) Maximum carryover amount.--
``(A) In general.--For each fiscal year, the Secretary, in
consultation with the States and political subdivisions,
shall determine the maximum percentage amount of an award
under this section that an entity may carryover to the
succeeding fiscal year.
``(B) Amount exceeded.--For each fiscal year, if the
percentage amount of an award under this section unexpended
by an entity exceeds the maximum percentage permitted by the
Secretary under subparagraph (A), the entity shall return to
the Secretary the portion of the unexpended amount that
exceeds the maximum amount permitted to be carried over by
the Secretary.
``(C) Action by secretary.--The Secretary shall make
amounts returned to the Secretary under subparagraph (B)
available for awards under section 319C-2(b)(1). In making
awards under section 319C-2(b)(1) with amounts collected
under this paragraph the Secretary shall give preference to
entities that are located in whole or in part in States from
which amounts have been returned under subparagraph (B).
``(D) Waiver.--An entity may apply to the Secretary for a
waiver of the maximum percentage amount under subparagraph
(A). Such an application for a waiver shall include an
explanation why such requirement should not apply to the
entity and the steps taken by such entity to ensure that all
funds under an award under this section will be expended
appropriately.
``(E) Waive or reduce withholding.--The Secretary may waive
the application of subparagraph (B) for a single entity
pursuant to subparagraph (D) or for all entities in a fiscal
year, if the Secretary determines that mitigating conditions
exist that justify the waiver or reduction.''.
SEC. 202. USING INFORMATION TECHNOLOGY TO IMPROVE SITUATIONAL
AWARENESS IN PUBLIC HEALTH EMERGENCIES.
Section 319D of the Public Health Service Act (42 U.S.C.
247d-4) is amended--
(1) in subsection (a)(1), by inserting ``domestically and
abroad'' after ``public health threats''; and
(2) by adding at the end the following:
``(d) Public Health Situational Awareness.--
``(1) In general.--Not later than 2 years after the date of
enactment of the Pandemic and All-Hazards Preparedness Act,
the Secretary, in collaboration with State, local, and tribal
public health officials, shall establish a near real-time
electronic nationwide public health situational awareness
capability through an interoperable network of systems to
share data and information to enhance early detection of
rapid response to, and management of, potentially
catastrophic infectious disease outbreaks and other public
health emergencies that originate domestically or abroad.
Such network shall be built on existing State situational
awareness systems or enhanced systems that enable such
connectivity.
``(2) Strategic plan.--Not later than 180 days after the
date of enactment the Pandemic and All-Hazards Preparedness
Act, the Secretary shall submit to the appropriate committees
of Congress, a strategic plan that demonstrates the steps the
Secretary will undertake to develop, implement, and evaluate
the network described in paragraph (1), utilizing the
elements described in paragraph (3).
``(3) Elements.--The network described in paragraph (1)
shall include data and information transmitted in a
standardized format from--
``(A) State, local, and tribal public health entities,
including public health laboratories;
``(B) Federal health agencies;
``(C) zoonotic disease monitoring systems;
``(D) public and private sector health care entities,
hospitals, pharmacies, poison control centers or professional
organizations in the field of poison control, and clinical
laboratories, to the extent practicable and provided that
such data are voluntarily provided simultaneously to the
Secretary and appropriate State, local, and tribal public
health agencies; and
``(E) such other sources as the Secretary may deem
appropriate.
``(4) Rule of construction.--Paragraph (3) shall not be
construed as requiring separate reporting of data and
information from each source listed.
``(5) Required activities.--In establishing and operating
the network described in paragraph (1), the Secretary shall--
``(A) utilize applicable interoperability standards as
determined by the Secretary through a joint public and
private sector process;
``(B) define minimal data elements for such network;
``(C) in collaboration with State, local, and tribal public
health officials, integrate and build upon existing State,
local, and tribal capabilities, ensuring simultaneous sharing
of data, information, and analyses from the network described
in paragraph (1) with State, local, and tribal public health
agencies; and
``(D) in collaboration with State, local, and tribal public
health officials, develop procedures and standards for the
collection, analysis, and interpretation of data that States,
regions, or other entities collect and report to the network
described in paragraph (1).
``(e) State and Regional Systems to Enhance Situational
Awareness in Public Health Emergencies.--
``(1) In general.--To implement the network described in
section (d), the Secretary may award grants to States to
enhance the ability of such States to establish or operate a
coordinated public health situational awareness system for
regional or Statewide early detection of, rapid response to,
and management of potentially catastrophic infectious disease
outbreaks and public health emergencies, in collaboration
with public health agencies, sentinel hospitals, clinical
laboratories, pharmacies, poison control centers, other
health care organizations, or animal health organizations
within such States.
[[Page S7758]]
``(2) Eligibility.--To be eligible to receive a grant under
paragraph (1), the State shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require, including an
assurance that the State will submit to the Secretary--
``(A) reports of such data, information, and metrics as the
Secretary may require;
``(B) a report on the effectiveness of the systems funded
under the grant; and
``(C) a description of the manner in which grant funds will
be used to enhance the timelines and comprehensiveness of
efforts to detect, respond to, and manage potentially
catastrophic infectious disease outbreaks and public health
emergencies.
``(3) Use of funds.--A State that receives an award under
this subsection--
``(A) shall establish, enhance, or operate a coordinated
public health situational awareness system for regional or
Statewide early detection of, rapid response to, and
management of potentially catastrophic infectious disease
outbreaks and public health emergencies; and
``(B) may award grants or contracts to entities described
in paragraph (1) within or serving such State to assist such
entities in improving the operation of information technology
systems, facilitating the secure exchange of data and
information, and training personnel to enhance the operation
of the system described in paragraph (A).
``(4) Limitation.--Information technology systems acquired
or implemented using grants awarded under this section must
be compliant with--
``(A) interoperability and other technological standards,
as determined by the Secretary; and
``(B) data collection and reporting requirements for the
network described in subsection (d).
``(5) Independent evaluation.--Not later than 4 years after
the date of enactment of the Pandemic and All-Hazards
Preparedness Act, the Government Accountability Office shall
conduct an independent evaluation, and submit to the
Secretary and the appropriate committees of Congress a
report, concerning the activities conducted under this
subsection and subsection (d).
``(f) Grants for Real-Time Surveillance Improvement.--
``(1) In general.--The Secretary may award grants to
eligible entities to carry out projects described under
paragraph (4).
``(2) Eligible entity.--For purposes of this section, the
term `eligible entity' means an entity that is--
``(A)(i) a hospital, clinical laboratory, university; or
``(ii) poison control center or professional organization
in the field of poison control; and
``(B) a participant in the network established under
subsection (d).
``(3) Application.--Each eligible entity desiring a grant
under this section shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require.
``(4) Use of funds.--
``(A) In general.--An eligible entity described in
paragraph (2)(A)(i) that receives a grant under this section
shall use the funds awarded pursuant to such grant to carry
out a pilot demonstration project to purchase and implement
the use of advanced diagnostic medical equipment to analyze
real-time clinical specimens for pathogens of public health
or bioterrorism significance and report any results from such
project to State, local, and tribal public health entities
and the network established under subsection (d).
``(B) Other entities.--An eligible entity described in
paragraph (2)(A)(ii) that receives a grant under this section
shall use the funds awarded pursuant to such grant to--
``(i) improve the early detection, surveillance, and
investigative capabilities of poison control centers for
chemical, biological, radiological, and nuclear events by
training poison information personnel to improve the accuracy
of surveillance data, improving the definitions used by the
poison control centers for surveillance, and enhancing timely
and efficient investigation of data anomalies;
``(ii) improve the capabilities of poison control centers
to provide information to health care providers and the
public with regard to chemical, biological, radiological, or
nuclear threats or exposures, in consultation with the
appropriate State, local, and tribal public health entities;
or
``(iii) provide surge capacity in the event of a chemical,
biological, radiological, or nuclear event through the
establishment of alternative poison control center worksites
and the training of nontraditional personnel.
``(g) Authorization of Appropriations.--
``(1) Fiscal year 2007.--There are authorized to be
appropriated to carry out subsections (d), (e), and (f)
$102,000,000 for fiscal year 2007, of which $35,000,000 is
authorized to be appropriated to carry out subsection (f).
``(2) Subsequent fiscal years.--There are authorized to be
appropriated such sums as may be necessary to carry out
subsections (d), (e), and (f) for each of fiscal years 2008
through 2011.''.
SEC. 203. PUBLIC HEALTH WORKFORCE ENHANCEMENTS.
(a) Demonstration Project.--Section 338L of the Public
Health Service Act (42 U.S.C. 254t) is amended by adding at
the end the following:
``(h) Public Health Departments.--
``(1) In general.--To the extent that funds are
appropriated under paragraph (5), the Secretary shall
establish a demonstration project to provide for the
participation of individuals who are eligible for the Loan
Repayment Program described in section 338B and who agree to
complete their service obligation in a State health
department that serves a significant number of health
professional shortage areas or areas at risk of a public
health emergency, as determined by the Secretary, or in a
local health department that serves a health professional
shortage area or an area at risk of a public health
emergency.
``(2) Procedure.--To be eligible to receive assistance
under paragraph (1), with respect to the program described in
section 338B, an individual shall--
``(A) comply with all rules and requirements described in
such section (other than section 338B(f)(1)(B)(iv)); and
``(B) agree to serve for a time period equal to 2 years, or
such longer period as the individual may agree to, in a
State, local, or tribal health department, consistent with
paragraph (1).
``(3) Designations.--The demonstration project described in
paragraph (1), and any healthcare providers who are selected
to participate in such project, shall not be considered by
the Secretary in the designation of health professional
shortage areas under section 332 during fiscal years 2007
through 2010.
``(4) Report.--Not later than 3 years after the date of
enactment of this subsection, the Secretary shall submit a
report to the relevant committees of Congress that evaluates
the participation of individuals in the demonstration project
under paragraph (1), the impact of such participation on
State, local, and tribal health departments, and the benefit
and feasibility of permanently allowing such placements in
the Loan Repayment Program.
``(5) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection,
such sums as may be necessary for each of fiscal years 2007
through 2010.''.
(b) Grants for Loan Repayment Program.--Section 338I of the
Public Health Service Act (42 U.S.C. 254q-1) is amended by
adding at the end the following:
``(i) Public Health Loan Repayment.--
``(1) In general.--The Secretary may award grants to States
for the purpose of assisting such States in operating loan
repayment programs under which such States enter into
contracts to repay all or part of the eligible loans borrowed
by, or on behalf of, individuals who agree to serve in State,
local, or tribal health departments that serve health
professional shortage areas or other areas at risk of a
public health emergency, as designated by the Secretary.
``(2) Loans eligible for repayment.--To be eligible for
repayment under this subsection, a loan shall be a loan made,
insured, or guaranteed by the Federal Government that is
borrowed by, or on behalf of, an individual to pay the cost
of attendance for a program of education leading to a degree
appropriate for serving in a State, local, or tribal health
department as determined by the Secretary and the chief
executive officer of the State in which the grant is
administered, at an institution of higher education (as
defined in section 102 of the Higher Education Act of 1965),
including principal, interest, and related expenses on such
loan.
``(3) Applicability of existing requirements.--With respect
to awards made under paragraph (1)--
``(A) the requirements of subsections (b), (f), and (g)
shall apply to such awards; and
``(B) the requirements of subsection (c) shall apply to
such awards except that with respect to paragraph (1) of such
subsection, the State involved may assign an individual only
to public and nonprofit private entities that serve health
professional shortage areas or areas at risk of a public
health emergency, as determined by the Secretary.
``(4) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection,
such sums as may be necessary for each of fiscal years 2007
through 2010.''.
SEC. 204. VACCINE TRACKING AND DISTRIBUTION.
Section 319A of the Public Health Service Act (42 U.S.C.
247d-1) is amended to read as follows:
``SEC. 319A. VACCINE TRACKING AND DISTRIBUTION.
``(a) Tracking.--The Secretary, together with relevant
manufacturers, wholesalers, and distributors as may agree to
cooperate, may track the initial distribution of federally
purchased influenza vaccine in an influenza pandemic. Such
tracking information shall be used to inform Federal, State,
local, and tribal decision makers during an influenza
pandemic.
``(b) Distribution.--The Secretary shall promote
communication between State, local, and tribal public health
officials and such manufacturers, wholesalers, and
distributors as agree to participate, regarding the effective
distribution of seasonal influenza vaccine. Such
communication shall include estimates of high priority
populations, as determined by the Secretary, in State, local,
and tribal jurisdictions in order to inform Federal, State,
local, and tribal decision makers during vaccine shortages
and supply disruptions.
``(c) Confidentiality.--The information submitted to the
Secretary or its contractors, if any, under this section or
under any
[[Page S7759]]
other section of this Act related to vaccine distribution
information shall remain confidential in accordance with the
exception from the public disclosure of trade secrets,
commercial or financial information, and information obtained
from an individual that is privileged and confidential, as
provided for in section 552(b)(4) of title 5, United States
Code, and subject to the penalties and exceptions under
sections 1832 and 1833 of title 18, United States Code,
relating to the protection and theft of trade secrets, and
subject to privacy protections that are consistent with the
regulations promulgated under section 264(c) of the Health
Insurance Portability and Accountability Act of 1996. None of
such information provided by a manufacturer, wholesaler, or
distributor shall be disclosed without its consent to another
manufacturer, wholesaler, or distributor, or shall be used in
any manner to give a manufacturer, wholesaler, or distributor
a proprietary advantage.
``(d) Guidelines.--The Secretary, in order to maintain the
confidentiality of relevant information and ensure that none
of the information contained in the systems involved may be
used to provide proprietary advantage within the vaccine
market, while allowing State, local, and tribal health
officials access to such information to maximize the delivery
and availability of vaccines to high priority populations,
during times of influenza pandemics, vaccine shortages, and
supply disruptions, in consultation with manufacturers,
distributors, wholesalers and State, local, and tribal health
departments, shall develop guidelines for subsections (a) and
(b).
``(e) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section, such
sums for each of fiscal years 2007 through 2011.
``(f) Report to Congress.--As part of the National Health
Security Strategy described in section 2802, the Secretary
shall provide an update on the implementation of subsections
(a) through (d).''.
SEC. 205. NATIONAL SCIENCE ADVISORY BOARD FOR BIOSECURITY.
The National Science Advisory Board for Biosecurity shall,
when requested by the Secretary of Health and Human Services,
provide to relevant Federal departments and agencies, advice,
guidance, or recommendations concerning--
(1) a core curriculum and training requirements for workers
in maximum containment biological laboratories; and
(2) periodic evaluations of maximum containment biological
laboratory capacity nationwide and assessments of the future
need for increased laboratory capacity;
TITLE III--ALL-HAZARDS MEDICAL SURGE CAPACITY
SEC. 301. NATIONAL DISASTER MEDICAL SYSTEM.
(a) National Disaster Medical System.--Section 2812 of
subtitle B of title XXVIII of the Public Health Service Act
(42 U.S.C. 300hh-11 et seq.), as redesignated by section 102,
is amended--
(1) by striking the section heading and inserting
``national disaster medical system'';
(2) by striking subsection (a);
(3) by redesignating subsections (b) through (h) as
subsections (a) through (g);
(4) in subsection (a), as so redesignated--
(A) in paragraph (2)(B), by striking ``Federal Emergency
Management Agency'' and inserting ``Department of Homeland
Security''; and
(B) in paragraph (3)(C), by striking ``Public Health
Security and Bioterrorism Preparedness and Response Act of
2002'' and inserting ``Pandemic and All-Hazards Preparedness
Act'';
(5) in subsection (b), as so redesignated, by--
(A) striking the subsection heading and inserting
``Modifications'';
(B) redesignating paragraph (2) as paragraph (3); and
(C) striking paragraph (1) and inserting the following:
``(1) In general.--Taking into account the findings from
the joint review described under paragraph (2), the Secretary
shall modify the policies of the National Disaster Medical
System as necessary.
``(2) Joint review and medical surge capacity strategic
plan.--Not later than 180 days after the date of enactment of
the Pandemic and All-Hazards Preparedness Act, the Secretary,
in coordination with the Secretary of Homeland Security, the
Secretary of Defense, and the Secretary of Veterans Affairs,
shall conduct a joint review of the National Disaster Medical
System. Such review shall include an evaluation of medical
surge capacity, as described by section 2804(a). As part of
the National Health Security Strategy under section 2802, the
Secretary shall update the findings from such review and
further modify the policies of the National Disaster Medical
System as necessary.'';
(6) by striking ``subsection (b)'' each place it appears
and inserting ``subsection (a)'';
(7) by striking ``subsection (d)'' each place it appears
and inserting ``subsection (c)''; and
(8) in subsection (g), as so redesignated, by striking
``2002 through 2006'' and inserting ``2007 through 2011''.
(b) Transfer of National Disaster Medical System to the
Department of Health and Human Services.--There shall be
transferred to the Secretary of Health and Human Services the
functions, personnel, assets, and liabilities of the National
Disaster Medical System of the Department of Homeland
Security, including the functions of the Secretary of
Homeland Security and the Under Secretary for Emergency
Preparedness and Response relating thereto.
(c) Conforming Amendments to the Homeland Security Act of
2002.--The Homeland Security Act of 2002 (6 U.S.C. 312(3)(B),
313(5))) is amended--
(1) in section 502(3)(B), by striking ``, the National
Disaster Medical System,''; and
(2) in section 503(5), by striking ``, the National
Disaster Medical System''.
(d) Update of Certain Provision.--Section 319F(b)(2) of the
Public Health Service Act (42 U.S.C. 247d-6(b)(2)) is
amended--
(1) in the paragraph heading, by striking ``Children and
terrorism'' and inserting ``At-risk individuals and public
health emergencies'';
(2) in subparagraph (A), by striking ``Children and
Terrorism'' and inserting ``At-Risk Individuals and Public
Health Emergencies'';
(3) in subparagraph (B)--
(A) in clause (i), by striking ``bioterrorism as it relates
to children'' and inserting ``public health emergencies as
they relate to at-risk individuals'';
(B) in clause (ii), by striking ``children'' and inserting
``at-risk individuals''; and
(C) in clause (iii), by striking ``children'' and inserting
``at-risk individuals'';
(4) in subparagraph (C), by striking ``children'' and all
that follows through the period and inserting ``at-risk
populations.''; and
(5) in subparagraph (D), by striking ``one year'' and
inserting ``six years''.
(e) Effective Date.--The amendments made by subsections (b)
and (c) shall take effect on January 1, 2007.
SEC. 302. ENHANCING MEDICAL SURGE CAPACITY.
(a) In General.--Title XXVIII of the Public Health Service
Act (300hh-11 et seq.), as amended by section 103, is amended
by inserting after section 2802 the following:
``SEC. 2804. ENHANCING MEDICAL SURGE CAPACITY.
``(a) Study of Enhancing Medical Surge Capacity.--As part
of the joint review described in section 2812(b), the
Secretary shall evaluate the benefits and feasibility of
improving the capacity of the Department of Health and Human
Services to provide additional medical surge capacity to
local communities in the event of a public health emergency.
Such study shall include an assessment of the need for and
feasibility of improving surge capacity through--
``(1) acquisition and operation of mobile medical assets by
the Secretary to be deployed, on a contingency basis, to a
community in the event of a public health emergency; and
``(2) other strategies to improve such capacity as
determined appropriate by the Secretary.
``(b) Authority to Acquire and Operate Mobile Medical
Assets.--In addition to any other authority to acquire,
deploy, and operate mobile medical assets, the Secretary may
acquire, deploy, and operate mobile medical assets if, taking
into consideration the evaluation conducted under subsection
(a), such acquisition, deployment, and operation is
determined to be beneficial and feasible in improving the
capacity of the Department of Health and Human Services to
provide additional medical surge capacity to local
communities in the event of a public health emergency.
``(c) Using Federal Facilities to Enhance Medical Surge
Capacity.--
``(1) Analysis.--The Secretary shall conduct an analysis of
whether there are Federal facilities which, in the event of a
public health emergency, could practicably be used as
facilities in which to provide health care.
``(2) Memoranda of understanding.--If, based on the
analysis conducted under paragraph (1), the Secretary
determines that there are Federal facilities which, in the
event of a public health emergency, could be used as
facilities in which to provide health care, the Secretary
shall, with respect to each such facility, seek to conclude a
memorandum of understanding with the head of the Department
or agency that operates such facility that permits the use of
such facility to provide health care in the event of a public
health emergency.''.
(b) EMTALA.--
(1) In general.--Section 1135(b) of the Social Security Act
(42 U.S.C. 1320b-5(b)) is amended--
(A) in paragraph (3), by striking subparagraph (B) and
inserting the following:
``(B) the direction or relocation of an individual to
receive medical screening in an alternative location--
``(i) pursuant to an appropriate State emergency
preparedness plan; or
``(ii) in the case of a public health emergency described
in subsection (g)(1)(B) that involves a pandemic infectious
disease, pursuant to a State pandemic preparedness plan or a
plan referred to in clause (i), whichever is applicable in
the State;'';
(B) in the third sentence, by striking ``and shall be
limited to'' and inserting ``and, except in the case of a
waiver or modification to which the fifth sentence of this
subsection applies, shall be limited to''; and
(C) by adding at the end the following: ``If a public
health emergency described in subsection (g)(1)(B) involves a
pandemic infectious disease (such as pandemic influenza), the
duration of a waiver or modification under paragraph (3)
shall be determined in accordance with subsection (e) as such
subsection applies to public health emergencies.''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on
[[Page S7760]]
the date of the enactment of this Act and shall apply to
public health emergencies declared pursuant to section 319 of
the Public Health Service Act (42 U.S.C. 247d) on or after
such date.
SEC. 303. ENCOURAGING HEALTH PROFESSIONAL VOLUNTEERS.
(a) Volunteer Medical Reserve Corps.--Title XXVIII of the
Public Health Service Act (42 U.S.C. 300hh-11 et seq.), as
amended by this Act, is amended by inserting after section
2812 the following:
``SEC. 2813. VOLUNTEER MEDICAL RESERVE CORPS.
``(a) In General.--Not later than 180 days after the date
of enactment of the Pandemic and All-Hazards Preparedness
Act, the Secretary, in collaboration with State, local, and
tribal officials, shall build on State, local, and tribal
programs in existence on the date of enactment of such Act to
establish and maintain a Medical Reserve Corps (referred to
in this section as the `Corps') to provide for an adequate
supply of volunteers in the case of a Federal, State, local,
or tribal public health emergency. The Corps shall be headed
by a Director who shall be appointed by the Secretary and
shall oversee the activities of the Corps chapters that exist
at the State, local, and tribal levels.
``(b) State, Local, and Tribal Coordination.--The Corps
shall be established using existing State, local, and tribal
teams and shall not alter such teams.
``(c) Composition.--The Corps shall be composed of
individuals who--
``(1)(A) are health professionals who have appropriate
professional training and expertise as determined appropriate
by the Director of the Corps; or
``(B) are non-health professionals who have an interest in
serving in an auxiliary or support capacity to facilitate
access to health care services in a public health emergency;
``(2) are certified in accordance with the certification
program developed under subsection (d);
``(3) are geographically diverse in residence;
``(4) have registered and carry out training exercises with
a local chapter of the Medical Reserve Corps; and
``(5) indicate whether they are willing to be deployed
outside the area in which they reside in the event of a
public health emergency.
``(d) Certification; Drills.--
``(1) Certification.--The Director, in collaboration with
State, local, and tribal officials, shall establish a process
for the periodic certification of individuals who volunteer
for the Corps, as determined by the Secretary, which shall
include the completion by each individual of the core
training programs developed under section 319F, as required
by the Director. Such certification shall not supercede State
licensing or credentialing requirements.
``(2) Drills.--In conjunction with the core training
programs referred to in paragraph (1), and in order to
facilitate the integration of trained volunteers into the
health care system at the local level, Corps members shall
engage in periodic training exercises to be carried out at
the local level.
``(e) Deployment.--During a public health emergency, the
Secretary shall have the authority to activate and deploy
willing members of the Corps to areas of need, taking into
consideration the public health and medical expertise
required, with the concurrence of the State, local, or tribal
officials from the area where the members reside.
``(f) Expenses and Transportation.--While engaged in
performing duties as a member of the Corps pursuant to an
assignment by the Secretary (including periods of travel to
facilitate such assignment), members of the Corps who are not
otherwise employed by the Federal Government shall be allowed
travel or transportation expenses, including per diem in lieu
of subsistence.
``(g) Identification.--The Secretary, in cooperation and
consultation with the States, shall develop a Medical Reserve
Corps Identification Card that describes the licensure and
certification information of Corps members, as well as other
identifying information determined necessary by the
Secretary.
``(h) Intermittent Disaster-Response Personnel.--
``(1) In general.--For the purpose of assisting the Corps
in carrying out duties under this section, during a public
health emergency, the Secretary may appoint selected
individuals to serve as intermittent personnel of such Corps
in accordance with applicable civil service laws and
regulations. In all other cases, members of the Corps are
subject to the laws of the State in which the activities of
the Corps are undertaken.
``(2) Applicable protections.--Subsections (c)(2), (d), and
(e) of section 2812 shall apply to an individual appointed
under paragraph (1) in the same manner as such subsections
apply to an individual appointed under section 2812(c).
``(3) Limitation.--State, local, and tribal officials shall
have no authority to designate a member of the Corps as
Federal intermittent disaster-response personnel, but may
request the services of such members.
``(i) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section, $22,000,000 for
fiscal year 2007, and such sums as may be necessary for each
of fiscal years 2008 through 2011.''.
(b) Encouraging Health Professions Volunteers.--Section
319I of the Public Health Service Act (42 U.S.C. 247d-7b) is
amended--
(1) by redesignating subsections (e) and (f) as subsections
(j) and (k), respectively;
(2) by striking subsections (a) and (b) and inserting the
following:
``(a) In General.--Not later than 12 months after the date
of enactment of the Pandemic and All-Hazards Preparedness
Act, the Secretary shall link existing State verification
systems to maintain a single national interoperable network
of systems, each system being maintained by a State or group
of States, for the purpose of verifying the credentials and
licenses of health care professionals who volunteer to
provide health services during a public health emergency
(such network shall be referred to in this section as the
`verification network').
``(b) Requirements.--The interoperable network of systems
established under subsection (a) shall include--
``(1) with respect to each volunteer health professional
included in the system--
``(A) information necessary for the rapid identification
of, and communication with, such professionals; and
``(B) the credentials, certifications, licenses, and
relevant training of such individuals; and
``(2) the name of each member of the Medical Reserve Corps,
the National Disaster Medical System, and any other relevant
federally-sponsored or administered programs determined
necessary by the Secretary.'';
(3) by striking subsection (d) and inserting the following:
``(d) Accessibility.--The Secretary shall ensure that the
network established under subsection (a) is electronically
accessible by State, local, and tribal health departments and
can be linked with the identification cards under section
2813.
``(e) Confidentiality.--The Secretary shall establish and
require the application of and compliance with measures to
ensure the effective security of, integrity of, and access to
the data included in the network.
``(f) Coordination.--The Secretary shall coordinate with
the Secretary of Veterans Affairs and the Secretary of
Homeland Security to assess the feasibility of integrating
the verification network under this section with the VetPro
system of the Department of Veterans Affairs and the National
Emergency Responder Credentialing System of the Department of
Homeland Security. The Secretary shall, if feasible,
integrate the verification network under this section with
such VetPro system and the National Emergency Responder
Credentialing System.
``(g) Updating of Information.--The States that are
participants in the network established under subsection (a)
shall, on at least a quarterly basis, work with the Director
to provide for the updating of the information contained in
such network.
``(h) Clarification.--Inclusion of a health professional in
the verification network established pursuant to this section
shall not constitute appointment of such individual as a
Federal employee for any purpose, either under section
2812(c) or otherwise. Such appointment may only be made under
section 2812 or 2813.
``(i) Health Care Provider Licenses.--The Secretary shall
encourage States to establish and implement mechanisms to
waive the application of licensing requirements applicable to
health professionals, who are seeking to provide medical
services (within their scope of practice), during a national,
State, local, or tribal public health emergency upon
verification that such health professionals are licensed and
in good standing in another State and have not been
disciplined by any State health licensing or disciplinary
board.''; and
(4) in subsection (k) (as so redesignated), by striking
``2006'' and inserting ``2011''.
SEC. 304. CORE EDUCATION AND TRAINING.
Section 319F of the Public Health Service Act (42 U.S.C.
247d-6) is amended--
(1) by striking subsections (a) through (g) and inserting
the following;
``(a) All-Hazards Public Health and Medical Response
Curricula and Training.--
``(1) In general.--The Secretary, in collaboration with the
Secretary of Defense, and in consultation with relevant
public and private entities, shall develop core health and
medical response curricula and trainings by adapting
applicable existing curricula and training programs to
improve responses to public health emergencies.
``(2) Curriculum.--The public health and medical response
training program may include course work related to--
``(A) medical management of casualties, taking into account
the needs of at-risk individuals;
``(B) public health aspects of public health emergencies;
``(C) mental health aspects of public health emergencies;
``(D) national incident management, including coordination
among Federal, State, local, tribal, international agencies,
and other entities; and
``(E) protecting health care workers and health care first
responders from workplace exposures during a public health
emergency.
``(3) Peer review.--On a periodic basis, products prepared
as part of the program shall be rigorously tested and peer-
reviewed by experts in the relevant fields.
``(4) Credit.--The Secretary and the Secretary of Defense
shall--
``(A) take into account continuing professional education
requirements of public health and healthcare professions; and
``(B) cooperate with State, local, and tribal accrediting
agencies and with professional associations in arranging for
students enrolled in the program to obtain continuing
[[Page S7761]]
professional education credit for program courses.
``(5) Dissemination and training.--
``(A) In general.--The Secretary may provide for the
dissemination and teaching of the materials described in
paragraphs (1) and (2) by appropriate means, as determined by
the Secretary.
``(B) Certain entities.--The education and training
activities described in subparagraph (A) may be carried out
by Federal public health or medical entities, appropriate
educational entities, professional organizations and
societies, private accrediting organizations, and other
nonprofit institutions or entities meeting criteria
established by the Secretary.
``(C) Grants and contracts.--In carrying out this
subsection, the Secretary may carry out activities directly
or through the award of grants and contracts, and may enter
into interagency agreements with other Federal agencies.
``(b) Expansion of Epidemic Intelligence Service Program.--
The Secretary may establish 20 officer positions in the
Epidemic Intelligence Service Program, in addition to the
number of the officer positions offered under such Program in
2006 for individuals who agree to participate, for a period
of not less than 2 years, in the Career Epidemiology Field
Officer program in a State, local, or tribal health
department that serves a health professional shortage area
(as defined under section 332(a)), a medically underserved
population (as defined under section 330(b)(3)), or a
medically underserved area or area at high risk of a public
health emergency as designated by the Secretary.
``(c) Centers for Public Health Preparedness; Core
Curricula and Training.--
``(1) In general.--The Secretary may establish at
accredited schools of public health, Centers for Public
Health Preparedness (hereafter referred to in this section as
the `Centers').
``(2) Eligibility.--To be eligible to receive an award
under this subsection to establish a Center, an accredited
school of public health shall agree to conduct activities
consistent with the requirements of this subsection.
``(3) Core curricula.--The Secretary, in collaboration with
the Centers and other public or private entities shall
establish core curricula based on established competencies
leading to a 4-year bachelor's degree, a graduate degree, a
combined bachelor and master's degree, or a certificate
program, for use by each Center. The Secretary shall
disseminate such curricula to other accredited schools of
public health and other health professions schools determined
appropriate by the Secretary, for voluntary use by such
schools.
``(4) Core competency-based training program.--The
Secretary, in collaboration with the Centers and other public
or private entities shall facilitate the development of a
competency-based training program to train public health
practitioners. The Centers shall use such training program to
train public health practitioners. The Secretary shall
disseminate such training program to other accredited schools
of public health, and other health professions schools as
determined by the Secretary, for voluntary use by such
schools.
``(5) Content of core curricula and training program.--The
Secretary shall ensure that the core curricula and training
program established pursuant to this subsection respond to
the needs of State, local, and tribal public health
authorities and integrate and emphasize essential public
health security capabilities consistent with section
2802(b)(2).
``(6) Academic-workforce communication.--As a condition of
receiving funding from the Secretary under this subsection, a
Center shall collaborate with a State, local, or tribal
public health department to--
``(A) define the public health preparedness and response
needs of the community involved;
``(B) assess the extent to which such needs are fulfilled
by existing preparedness and response activities of such
school or health department, and how such activities may be
improved;
``(C) prior to developing new materials or trainings,
evaluate and utilize relevant materials and trainings
developed by others Centers; and
``(D) evaluate community impact and the effectiveness of
any newly developed materials or trainings.
``(7) Public health systems research.--In consultation with
relevant public and private entities, the Secretary shall
define the existing knowledge base for public health
preparedness and response systems, and establish a research
agenda based on Federal, State, local, and tribal public
health preparedness priorities. As a condition of receiving
funding from the Secretary under this subsection, a Center
shall conduct public health systems research that is
consistent with the agenda described under this paragraph.'';
(2) by redesignating subsection (h) as subsection (d);
(3) by inserting after subsection (d) (as so redesignated),
the following:
``(e) Authorization of Appropriations.--
``(1) Fiscal year 2007.--There are authorized to be
appropriated to carry out this section for fiscal year 2007--
``(A) to carry out subsection (a), $12,000,000, of which
$5,000,000 shall be used to carry out paragraphs (1) through
(4) of such subsection, and $7,000,000 shall be used to carry
out paragraph (5) of such subsection;
``(B) to carry out subsection (b), $3,000,000; and
``(C) to carry out subsection (c), $31,000,000, of which
$5,000,000 shall be used to carry out paragraphs (3) through
(5) of such subsection.
``(2) Subsequent fiscal years.--There are authorized to be
appropriated such sums as may be necessary to carry out this
section for fiscal year 2008 and each subsequent fiscal
year.''; and
(4) by striking subsections (i) and (j).
SEC. 305. PARTNERSHIPS FOR STATE AND REGIONAL HOSPITAL
PREPAREDNESS TO IMPROVE SURGE CAPACITY.
Section 319C-2 of the Public Health Service Act (42 U.S.C.
247d-3b) is amended to read as follows:
``SEC. 319C-2. PARTNERSHIPS FOR STATE AND REGIONAL HOSPITAL
PREPAREDNESS TO IMPROVE SURGE CAPACITY.
``(a) In General.--The Secretary shall award competitive
grants or cooperative agreements to eligible entities to
enable such entities to improve surge capacity and enhance
community and hospital preparedness for public health
emergencies.
``(b) Eligibility.--To be eligible for an award under
subsection (a), an entity shall--
``(1)(A) be a partnership consisting of--
``(i) one or more hospitals, at least one of which shall be
a designated trauma center, consistent with section 1213(c);
``(ii) one or more other local health care facilities,
including clinics, health centers, primary care facilities,
mental health centers, mobile medical assets, or nursing
homes; and
``(iii)(I) one or more political subdivisions;
``(II) one or more States; or
``(III) one or more States and one or more political
subdivisions; and
``(B) prepare, in consultation with the Chief Executive
Officer and the lead health officials of the State, District,
or territory in which the hospital and health care facilities
described in subparagraph (A) are located, and submit to the
Secretary, an application at such time, in such manner, and
containing such information as the Secretary may require; or
``(2)(A) be an entity described in section 319C-1(b)(1);
and
``(B) submit an application at such time, in such manner,
and containing such information as the Secretary may require,
including the information or assurances required under
section 319C-1(b)(2) and an assurance that the State will
retain not more than 25 percent of the funds awarded for
administrative and other support functions.
``(c) Use of Funds.--An award under subsection (a) shall be
expended for activities to achieve the preparedness goals
described under paragraphs (1), (3), (4), (5), and (6) of
section 2802(b).
``(d) Preferences.--
``(1) Regional coordination.--In making awards under
subsection (a), the Secretary shall give preference to
eligible entities that submit applications that, in the
determination of the Secretary--
``(A) will enhance coordination--
``(i) among the entities described in subsection
(b)(1)(A)(i); and
``(ii) between such entities and the entities described in
subsection (b)(1)(A)(ii); and
``(B) include, in the partnership described in subsection
(b)(1)(A), a significant percentage of the hospitals and
health care facilities within the geographic area served by
such partnership.
``(2) Other preferences.--In making awards under subsection
(a), the Secretary shall give preference to eligible entities
that, in the determination of the Secretary--
``(A) include one or more hospitals that are participants
in the National Disaster Medical System;
``(B) are located in a geographic area that faces a high
degree of risk, as determined by the Secretary in
consultation with the Secretary of Homeland Security; or
``(C) have a significant need for funds to achieve the
medical preparedness goals described in section 2802(b)(2).
``(e) Consistency of Planned Activities.--The Secretary may
not award a cooperative agreement to an eligible entity
described in subsection (b)(1) unless the application
submitted by the entity is coordinated and consistent with an
applicable State All-Hazards Public Health Emergency
Preparedness and Response Plan and relevant local plans, as
determined by the Secretary in consultation with relevant
State health officials.
``(f) Limitation on Awards.--A political subdivision shall
not participate in more than one partnership described in
subsection (b)(1).
``(g) Coordination With Local Response Capabilities.--An
eligible entity shall, to the extent practicable, ensure that
activities carried out under an award under subsection (a)
are coordinated with activities of relevant local
Metropolitan Medical Response Systems, local Medical Reserve
Corps, the Cities Readiness Initiative, and local emergency
plans.
``(h) Maintenance of State Funding.--
``(1) In general.--An entity that receives an award under
this section shall maintain expenditures for health care
preparedness at a level that is not less than the average
level of such expenditures maintained by the entity for the
preceding 2 year period.
``(2) Rule of construction.--Nothing in this section shall
be construed to prohibit the use of awards under this section
to pay salary and related expenses of public health and other
professionals employed by State, local, or tribal agencies
who are carrying out activities supported by such awards
(regardless of whether the primary assignment of
[[Page S7762]]
such personnel is to carry out such activities).
``(i) Performance and Accountability.--The requirements of
section 319C-1(g) and (i) shall apply to entities receiving
awards under this section (regardless of whether such
entities are described under subsection (b)(1)(A) or
(b)(2)(A)) in the same manner as such requirements apply to
entities under section 319C-1.
``(j) Authorization of Appropriations.--
``(1) In general.--For the purpose of carrying out this
section, there is authorized to be appropriated $474,000,000
for fiscal year 2007, and such sums as may be necessary for
each of fiscal years 2008 through 2011.
``(2) Reservation of amounts for partnerships.--Prior to
making awards described in paragraph (3), the Secretary may
reserve from the amount appropriated under paragraph (1) for
a fiscal year, an amount determined appropriate by the
Secretary for making awards to entities described in
subsection (b)(1)(A).
``(3) Awards to states and political subdivisions.--
``(A) In general.--From amounts appropriated for a fiscal
year under paragraph (1) and not reserved under paragraph
(2), the Secretary shall make awards to entities described in
subsection (b)(2)(A) that have completed an application as
described in subsection (b)(2)(B).
``(B) Amount.--The Secretary shall determine the amount of
an award to each entity described in subparagraph (A) in the
same manner as such amounts are determined under section
319C-1(h).''.
SEC. 306. ENHANCING THE ROLE OF THE DEPARTMENT OF VETERANS
AFFAIRS.
(a) In General.--Section 8117 of title 38, United States
Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1), by--
(i) striking ``chemical or biological attack'' and
inserting ``a public health emergency (as defined in section
2801 of the Public Health Service Act)'';
(ii) striking ``an attack'' and inserting ``such an
emergency''; and
(iii) striking ``public health emergencies'' and inserting
``such emergencies''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``; and'' and
inserting a semicolon;
(ii) in subparagraph (B), by striking the period and
inserting a semicolon; and
(iii) by adding at the end the following:
``(C) organizing, training, and equipping the staff of such
centers to support the activities carried out by the
Secretary of Health and Human Services under section 2801 of
the Public Health Service Act in the event of a public health
emergency and incidents covered by the National Response Plan
developed pursuant to section 502(6) of the Homeland Security
Act of 2002, or any successor plan; and
``(D) providing medical logistical support to the National
Disaster Medical System and the Secretary of Health and Human
Services as necessary, on a reimbursable basis, and in
coordination with other designated Federal agencies.'';
(2) in subsection (c), by striking ``a chemical or
biological attack or other terrorist attack.'' and inserting
``a public health emergency. The Secretary shall, through
existing medical procurement contracts, and on a reimbursable
basis, make available as necessary, medical supplies,
equipment, and pharmaceuticals in response to a public health
emergency in support of the Secretary of Health and Human
Services.'';
(3) in subsection (d), by--
(A) striking ``develop and'';
(B) striking ``biological, chemical, or radiological
attacks'' and inserting ``public health emergencies''; and
(C) by inserting ``consistent with section 319F(a) of the
Public Health Service Act'' before the period; and
(4) in subsection (e)--
(A) in paragraph (1), by striking ``2811(b)'' and inserting
``2812''; and
(B) in paragraph (2)--
(i) by striking ``bioterrorism and other''; and
(ii) by striking ``319F(a)'' and inserting ``319F''.
(b) Authorization of Appropriations.--Section 8117 of title
38, United States Code, is amended by adding at the end the
following:
``(g) Authorization of Appropriations.--There are
authorized to be appropriated, such sums as may be necessary
to carry out this section for each of fiscal years 2007
through 2011.''.
______
By Mr. KERRY:
S. 3680. A bill to amend the Small Business Investment Act of 1958 to
reauthorize and expand the New Markets Venture Capital Program, and for
other purposes; to the Committee on Small Business and
Entrepreneurship.
Mr. KERRY. Mr. President, in 1999, President Clinton unveiled the New
Markets Investment Initiative to counter an unmet challenge in the 21st
century: building economically vibrant communities in underserved
places such as inner cities and distressed rural areas, where there is
a great need for jobs and economic development. The goal was to build a
bridge between Wall Street and our untapped markets in Main Street
America. In that same year, Senators Paul Wellstone, Jeff Bingaman,
Paul Sarbanes, Carl Levin, Max Cleland, and I introduced the Community
Development and Venture Capital Act to spearhead this innovative New
Markets initiative in the Senate. In 2000, our New Markets initiative
was enacted with bipartisan support in Congress as part of the
Consolidated Appropriations Act of 2001. The New Markets Venture
Capital Program, NMVC, which specifically promotes the creation of
wealth and job opportunities in low-income areas, was only one part of
the initiative agreed to by Speaker Hastert and then-President Clinton.
The other elements of that agreement included the New Markets Tax
Credits, NMTC, additional empowerment zones, and a new program:
Community Renewal Zones. The overall goal of the legislation was to
provide a number of different approaches to alleviating poverty so that
we could better understand what works best. With the exception of the
NMVC Program, all of the other programs have moved forward. However,
the NMVC Program has not been given the opportunity, the funding, or
the support to reach its full potential as Congress intended.
The NMVC Program has had many successes since its inception 5 years
ago. CEI Community Ventures, Inc. from Maine--close to my home State of
Massachusetts--has invested venture capital funds in Look's Gourmet
Food Company, which manufactures and sells all-natural, high-quality,
shelf-stable seafood products under the ``Bar Harbor T'' and ``Atlantic
T'' brands. Another example can be found in Vermont, where Carolyn
Cooke and Poppy Gall founded Juno Rising/Isis Women's Apparel, an
outdoor clothing company targeting the needs of today's active women.
Their products can be found in outdoor stores throughout the country.
Today, I rise to introduce legislation that will not only reauthorize
the New Markets Venture Capital Program for 3 years, but will provide
critical components for success: providing appropriate funding
authorization levels, expanding the NMVC program into all regions of
the country, encouraging investment in small manufacturers, making the
NMVC Program consistent with the NMTC as Congress intended,
incorporating the operational assistance grant model from the Rural
Business Investment Program, and establishing a long-overdue Office of
New Markets Venture Capital. The legislation is a companion to H.R.
4303, introduced by Representatives Gwen Moore of Wisconsin and Hal
Rogers of Kentucky. While few differences exist between our bills, both
send a clear legislative signal that there is strong bipartisan and
bicameral support from Congress to reauthorize this program.
Mr. President, this program has a history of strong bipartisan
support. In fiscal year 2001, together we appropriated $150 million for
debenture guarantees and $30 million in grant financing to support up
to 15 NMVC companies. Unfortunately, only half of this money was
obligated to support 6 NMVC companies, and the remaining funds were
rescinded in the Fiscal Year 2003 Omnibus Appropriations Act Conference
Report. Now today this program faces further challenges with the
President's Fiscal Year 2007 budget request asking for no funding for
the NMVC Program. This is the sixth year in a row the President has not
backed this program, although Congress restored funding in 2002 and
initially provided funding in 2003. The Small Business
Administration's, SBA's, failure to obligate the remaining funds and
the President's lack of support for funding the NMVC Program raises an
important question: Has the challenge in the 21st century of improving
local economies in low-income urban and rural communities been met? All
evidence says no. A 2006 report on America's Children by the Federal
Interagency Forum on Child and Family Statistics stated that in 2004,
17 percent of children live in poverty--a total of 12.5 million. In
addition, 42 percent of children with single mothers and one in three
African-American children live in poverty. The Bureau of Labor
Statistics shows that in areas such as Flint, MI, where the NMVC has
not yet had the time or resources to reach, the unemployment rate is at
7.3 percent, well above the national average of 4.6
[[Page S7763]]
percent. Congress must use this reauthorization process as an
opportunity to stimulate business activity in all communities and
create jobs for low-income residents throughout the entire country.
Prior to the creation of the NMVC Program, Congress attempted to fill
this unmet need through various programs. In fact, Congress created the
NMVC Program based on the SBA's Small Business Investment Company
Program, SBIC. Since its beginning in 1958, the SBIC Program has
provided approximately $46 billion of long-term debt and equity capital
to more than 99,000 small U.S. companies. Although the SBIC Program has
been popular, it does not sufficiently reach the underserved areas of
our country that need economic development the most. The NMVC is
targeted specifically to very low-income areas, including historically
underutilized business zones--HUB Zones--and low-income rural and urban
neighborhoods, which are overlooked by traditional venture capital
investors. I do not have an NMVC Company in my State, and I am sure
that many Sates, like Massachusetts, could benefit from the
opportunities that the NMVC creates. To ensure that the NMVC Program
expands into diverse areas around the country, the legislation
encourages the SBA Administrator to establish not fewer than one
company from each of the 10 geographic regions of the country. In
addition to diversifying the geographic distribution of NMVC companies
to our underserved communities, there is a great need to diversify the
types of investments approved by the SBA, particularly in the area of
manufacturing. According to a 2004 study by the U.S. Department of
Commerce, the most recent recession in the business cycle hit U.S.
manufacturers and their workers hardest--a downturn that first was felt
in 2000. The manufacturing community lost 2.6 million jobs, accounting
for all of the net job losses from the fourth quarter of 2000 through
the third quarter of 2003. Much of the manufacturing sector continues
to operate well below its previous peak and potential. For example, in
places such as Milwaukee, where in 2002, according to the Bureau of
Labor Statistics, 59 percent of working-age African-American males were
either unemployed or out of the workforce. Milwaukee has also lost
33,000 manufacturing jobs in the past 5 years. We need to do all we can
to bring back these lost manufacturing jobs, and the NMVC Program could
play a role. Relying on the market to bring venture capital funding to
Milwaukee and other manufacturing hubs is not the solution. According
to a study by the University of Kansas, Milwaukee ranks 49th out of the
50 largest U.S. cities in terms of venture capital dollars. Imagine the
difference that a venture capital investment could make in this area,
creating one job for every $15,000 invested.
As I mentioned previously, this legislation is a companion to the
bipartisan legislation introduced by Representatives Moore and Rogers
in the House. Both of our bills include small manufacturers in the
mission of the program, by encouraging the SBA Administrator to select
at least one NMVC company that is primarily involved in the investment
and development of small manufacturing firms.
Mr. President, the legislation also makes the NMVC Program and the
NMTC consistent in defining low-income geographic areas. Both programs
were designed to work together--the NMTC was intended to be a tool to
encourage NMVC companies to raise private investment capital in low-
income communities. Conforming their definitions will assure a smooth
coordination between the two programs for future investors.
The nexus between the NMVC Program and the NMTC is only one aspect
that makes this program unique among all of the SBA's programs. Another
unique aspect is the operational assistance grant program that fund
managers can use to assist entrepreneurs in low-income communities to
develop a business plan, manage employees, or market their products and
services. These grants are an essential tool for fostering community
development using venture capital firms because investors are able to
reach out into communities not served by conventional investors. Many
of the NMVC companies are also members of the surrounding community,
therefore, they will have the local expertise and guidance for
entrepreneurs to start and sustain a viable business. Some NMVC
companies are having a difficult time meeting the SBA requirement that
each company raise an upfront dollar-for-dollar match in order to
obtain an operational assistance grant. To avoid this unnecessary
burden, the legislation incorporates a provision modeled after the
joint SBA/Department of Agriculture Rural Business Investment Program
which does not require a match from the company and limits the amount
of the grant.
Mr. President, these improvements to the NMVC Program are important
but they cannot be implemented without dedicated staff at the SBA. In
October 2005, I wrote a letter to the SBA expressing my concern about
the lack of staffing and resources devoted to the NMVC office within
the SBA's Investment Division. The SBA informed me that staff members
within the Office of SBIC Operations were getting cross-trained on the
NMVC Program to ensure adequate staffing and provide ample support to
meet the needs of the six NMVC companies currently assigned to the
Office of New Markets Venture Capital within the SBIC Program.
Reshuffling SBA staff to assist six companies is not sufficient. If
this program grows to its originally intended potential of 15
companies, there needs to be staff dedicated solely to administering
the NMVC Program. This legislation establishes an Office of New Markets
Venture Capital within the Investment Division of the SBA, headed by a
Director appointed by the SBA Administrator. The Director would be
responsible for administering and encouraging investment in small
manufacturing firms and working to expand the number of small
businesses participating in the NMVC Program.
This bill is urgently needed now to expand the good work of the NMVC
Program, and I urge all of my colleagues to show their support for the
small but growing number of businesses that promise both financial
returns for their investors and social returns to low-income people and
distressed regions in which they invest. This double bottom line
distinguishes the NMVC Program from any other SBA program, and we
cannot afford to let it expire.
______
By Mr. DOMENICI (for himself, Mrs. Lincoln, Mr. Craig, Mr. Pryor,
Mr. Allard, Mr. Brownback, Mr. Burns, Mr. Bond, Mr. Chambliss,
Mr. Cornyn, Mr. Crapo, Mrs. Dole, Mr. Grassley, Mr. Hagel, Mr.
Lott, Mr. Roberts, Mr. Stevens, Mr. Talent, Mr. Thomas, Mr.
Thune, Mr. Burr, Mr. Nelson of Nebraska, and Ms. Landrieu).
S. 3681. A bill to amend the Comprehensive Environmental Response
Compensation and Liability Act of 1980 to provide that manure shall not
be considered to be a hazardous substance, pollutant, or contaminant;
to the Committee on Environment and Public Works.
Mr. DOMENICI. Mr. President, I rise today to introduce the
Agricultural Protection and Prosperity Act of 2006. I would like to
thank my colleagues from both sides of the aisle for their support by
cosponsoring this important legislation.
The Agricultural Protection and Prosperity Act of 2006 seeks to
clarify the original intent of the Comprehensive Environmental
Response, Compensation, and Liability Act, CERCLA, by providing an
exemption for manure derived from agricultural operations. This
clarification is badly needed in order to protect America's agriculture
industry from onerous and frivolous lawsuits. Without clarification,
agriculture operations could be fined up to $27,500 per day per
violation, thereby bankrupting many livestock operations in this
country. American livestock operations are already some of the most
regulated businesses with regards to environmental quality. Additional
requirements and liability under CERCLA, which is designed to clean up
toxic industrial pollutants, is unwarranted and unfair for America's
farmers.
Agriculture has been the backbone of this country since its inception
and we owe our farmers a debt of gratitude. However, in an environment
where our farmers and ranchers are struggling to
[[Page S7764]]
compete on the international stage, it seems unconscionable that some
people wish to place them at a further disadvantage.
This clarification is especially important for New Mexico's dairy
industry. This relatively new sector of our economy has grown by leaps
and bounds over the years to a point where it contributes substantially
to the overall economic output of my great State. On a national level,
New Mexico enjoys one of the largest average herd sizes and per capita
milk production in the country. This dramatic increase benefits many
related businesses from the alfalfa growers along the Rio Grande to the
implement salesman in our small towns. However, this growth and the
future of the dairy industry in New Mexico are in great jeopardy. If
this clarification to CERCLA is not made, the resulting dairy closures
and the effects on related industries would devastate my State.
Mr. President, I ask unanimous consent that a copy 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. 3681
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 ``Agricultural Protection and
Prosperity Act of 2006''.
SEC. 2. ANIMAL WASTE.
(a) Amendment of Superfund.--Title III of the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9651 et seq.) is amended by adding at end the
following:
``SEC. 313. EXCEPTION FOR MANURE.
``(a) Definition of Manure.--In this section, the term
`manure' means--
``(1) digestive emissions, feces, urine, urea, and other
excrement from livestock (as defined in section 205.2 of
title 7, Code of Federal Regulations (or a successor
regulation));
``(2) any associated bedding, compost, raw materials, or
other materials commingled with such excrement from livestock
(as so defined);
``(3) any process water associated with any item referred
to in paragraph (1) or (2); and
``(4) any byproduct, constituent, or substance contained in
or originating from, or any emission relating to, an item
described in paragraph (1), (2), or (3).
``(b) Exemption.--Upon the date of enactment of this
section, manure shall not be included in the meaning of--
``(1) the term `hazardous substance', as defined in section
101(14); or
``(2) the term `pollutant or contaminant', as defined in
section 101(33).
``(c) Effect on Other Law.--Nothing with respect to the
enactment of this subsection shall--
``(1) impose any liability under the Emergency Planning and
Community Right-To-Know Act of 1986 (42 U.S.C. 11001 et seq.)
with respect to manure;
``(2) abrogate or otherwise affect any provision of the Air
Quality Agreement entered into between the Administrator and
operators of animal feeding operations (70 Fed. Reg. 4958
(January 31, 2005)); or
``(3) affect the applicability of any other environmental
law as such a law relates to--
``(A) the definition of manure; or
``(B) the responsibilities or liabilities of any person
regarding the treatment, storage, or disposal of manure.''.
(b) Amendment of SARA.--Section 304(a)(4) of the Superfund
Amendments and Reauthorization Act of 1986 (42 U.S.C.
11004(a)(4)) is amended--
(1) by striking ``This section'' and inserting the
following:
``(A) In general.--This section''; and
(2) by adding at the end the following:
``(B) Manure.--The notification requirements under this
subsection do not apply to releases associated with manure
(as defined in section 313 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980).''.
______
By Mr. Alexander (for himself, Mr. Ensign, Mr. Gregg, and Mr.
Santorum):
S. 3682. A bill to establish the America's Opportunity Scholarships
for Kids Program; to the Committee on Health, Education, Labor, and
Pensions.
Mr. ALEXANDER. Mr. President, I ask unanimous consent that the
attached 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. 3682
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 ``America's Opportunity
Scholarships for Kids Act''.
SEC. 2. PURPOSE.
It is the purpose of this Act to support local efforts to
enable students from low-income families who attend a school
identified for restructuring under section 1116(b)(8) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6316(b)(8))--
(1) to attend a private elementary school or secondary
school, or a public elementary school or secondary school
outside the student's home school district, including a
public charter school; or
(2) to receive intensive, sustained supplemental
educational services.
SEC. 3. DEFINITIONS.
In this Act:
(1) Elementary school; local educational agency; secondary
school; secretary; state educational agency.--The terms
``elementary school'', ``local educational agency'',
``secondary school'', ``Secretary'', and ``State educational
agency'' have the meanings given the terms in section 9101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(2) Eligible entity.--The term ``eligible entity'' means--
(A) a local educational agency;
(B) a State educational agency; or
(C) a nonprofit organization or a consortium of nonprofit
organizations.
(3) Eligible student.--The term ``eligible student'' means
a student from a low-income family who--
(A) with respect to a school identified for restructuring
under section 1116(b)(8) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6316(b)(8))--
(i) is eligible to enroll in the beginning grade of the
school;
(ii) except as provided in subparagraph (C), attended the
school for the entire school year preceding the
identification;
(iii) in the case of a student who transfers to the school
to attend any grade beyond the beginning grade of the school,
attends the school for the remainder of the school year in
which the transfer occurs; or
(iv) received a scholarship under this Act in a preceding
school year due to such identification; or
(B) is a sibling of a student described in any 1 of clauses
(i) through (iv) of subparagraph (A).
(4) Low-income family.--The term ``low-income family''
means a family whose income does not exceed 185 percent of
the poverty line, except that in the case of a student
participating in a project under this Act for a second or any
succeeding school year the term includes a family whose
income does not exceed 220 percent of the poverty line.
(5) Poverty line.--The term ``poverty line'' means the
income official poverty line (as defined by the Office of
Management and Budget, and revised annually in accordance
with section 673(2) of the Community Services Block Grant Act
(42 U.S.C. 9902(2)) applicable to a family of the size
involved.
(6) Private provider.--The term ``private provider'' means
a nonprofit or for-profit private provider of supplemental
educational services described in section 1116(e)(1) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6316(e)(1)) that is on the updated list of approved providers
maintained by the State educational agency under section
1116(e)(4)(C) of such Act (20 U.S.C. 6316(e)(4)(C)).
(7) Supplemental educational services.--The term
``supplemental educational services'' has the meaning given
the term in section 1116(e)(12)(C) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6316(e)(12)(C)).
SEC. 4. PROGRAM AUTHORIZED.
(a) Authority.--
(1) In general.--Subject to paragraph (2) and from amounts
appropriated under section 6 for a fiscal year, the Secretary
shall award grants, on a competitive basis, to eligible
entities to support projects that provide--
(A) scholarships to enable eligible students to attend--
(i) the private elementary school or secondary school of
their parent's choice; or
(ii) a public elementary school or secondary school of
their parents' choice outside of the eligible student's home
school district, consistent with State law; or
(B) eligible students with intensive, sustained
supplemental educational services on an annual basis.
(2) Scholarship duration rule.--Each eligible entity that
receives a grant under this Act shall only award a
scholarship under this Act to an eligible student for--
(A)(i) in the case of an eligible student described in
section 3(3)(A), the first school year for which the eligible
student is eligible to receive the scholarship with respect
to a school identified for restructuring under section
1116(b)(8) of the Elementary and Secondary Education Act of
1965; and
(ii) in the case of an eligible student described in
section 3(3)(B), the first school year taught at the school
so identified; and
(B) each subsequent school year through the school year
applicable to the final grade taught at the school so
identified.
(b) Duration of Grants.--The Secretary may award grants
under this Act for a period of not more than 5 years.
(c) Priorities.--In awarding grants under this Act, the
Secretary shall give priority to eligible entities that--
(1) propose to serve eligible students in a local
educational agency with a large number or percentage of
schools identified for restructuring under section 1116(b)(8)
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6316(b)(8));
(2) possess the knowledge and capacity to inform parents of
eligible students, in urban,
[[Page S7765]]
suburban, and rural areas, about public and private
elementary school and secondary school options; and
(3) will augment the scholarships provided to eligible
students under this Act in order to help ensure that parents
can afford the cost (including tuition, fees, and necessary
transportation expenses) of the schools the parents choose to
have their children attend under this Act.
(d) Application Requirements.--
(1) In general.--To be considered for a grant under this
Act, an eligible entity shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary may reasonably require.
(2) Contents.--The application shall, at a minimum, include
a description of--
(A) the eligible entity's plan for--
(i) recruiting private schools, local educational agencies,
charter schools, and private providers, to participate in the
project in order to meet eligible student demand for private
and public school admission and supplemental educational
services; and
(ii) ensuring that participating schools that enroll
eligible students receiving scholarships under this Act, and
private providers participating in the project, will meet the
applicable requirements of the project;
(B) each school identified for restructuring that will be
served under the project, including--
(i) the name of each such school; and
(ii) such demographic and socioeconomic information as the
Secretary may require;
(C) how the eligible entity will work with the identified
schools and the local educational agency to identify the
parents of eligible students (including through contracts or
cooperative agreements with the public school or local
educational agency) consistent with the requirements of the
Family Educational Rights and Privacy Act of 1974 (20 U.S.C.
1232g);
(D) how the eligible entity will structure the project in a
manner that permits eligible students to participate in the
second and succeeding school years of the project if the
schools the eligible students attend with scholarship
assistance under this Act are subsequently identified for
restructuring under section 1116(b)(8) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6316(b)(8));
(E) how the eligible entity will use funds received under
this Act;
(F) how the eligible entity will ensure that if more
eligible students seek admission to the project than the
project can accommodate, the eligible students will be
selected through a random selection process;
(G) how the eligible entity will notify parents of eligible
students of the expanded choice opportunities provided under
the project and how the eligible entity will provide parents
with sufficient information to enable the parents to make an
informed decision;
(H) how the eligible entity will ensure that the schools
receiving eligible students under the grant are financially
responsible and will use the grant funds received under this
Act effectively;
(I) how the eligible entity will prioritize between
providing scholarships and providing sustained, intensive
supplemental educational services, including the timing and
duration of offering the opportunity for parents to determine
which provision the parents prefer; and
(J) how the eligible entity will address the renewal of
support for participating eligible students, including
continued eligibility.
(e) Uses of Funds.--
(1) In general.--Each eligible entity that receives a grant
under this Act may--
(A) reserve not more than 5 percent of the grant funds for
administrative expenses, including costs associated with
recruiting and selecting eligible students, private schools,
and private providers, to participate in the project;
(B) only for the first year for which grant funds are
received under this Act, reserve not more than 5 percent of
the grant funds (in addition to the funds reserved under
subparagraph (A)), for initial implementation expenses,
including costs associated with outreach, providing
information to parents and school officials, and other
administrative expenses;
(C) use the grant funds to provide scholarships to eligible
students to pay for the cost, including tuition, fees, and
necessary transportation expenses, to attend the private
school of their parents' choice or a public elementary school
or secondary school of their parents' choice outside of the
eligible students' home school district (consistent with
State law), except that the scholarship shall not exceed
$4,000 per student per school year; and
(D) use the grant funds to pay the costs, including
reasonable transportation costs, of supplemental educational
services (including summer school or after-school programs)
provided by a private provider to eligible students, except
that the costs shall not exceed $3,000 per student, per
school year.
(2) Funding order.--Each eligible entity that receives a
grant under this Act shall--
(A) first fund scholarships for eligible students to attend
the private school of their parents' choice or a public
elementary school or secondary school of their parents'
choice outside of the eligible students' home school district
(consistent with State law); and
(B) use any remaining grant funds to provide eligible
students with access to supplemental educational services.
(3) Payment.--Each eligible entity that receives a grant
under this Act shall make scholarship payments under this Act
to the parent of the eligible student participating in the
project, in a manner that ensures that the payments will be
used only for the payment of tuition, fees, and necessary
transportation expenses, in accordance with this Act.
(f) Prohibition.--A student who receives supplemental
educational services under this Act shall not be eligible to
receive other such services under section 1116(e) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6316(e)).
(g) Project Performance.--Each eligible entity receiving a
grant under this Act shall prepare and submit to the
Secretary a final report on the results of the project
assisted under this Act that contains such information as the
Secretary may require. At a minimum, the report shall include
information on the academic achievement of students receiving
scholarships and supplemental educational services under the
project.
(h) Performance Information.--Each eligible entity that
receives a grant under this Act shall collect and report such
performance information as the Secretary may require for the
national evaluation conducted under subsection (i).
(i) National Evaluation.--From the amount made available
for any fiscal year under section 6, the Secretary shall
reserve such sums as may be necessary to conduct an
independent evaluation, by grant or by contract, of the
program carried out under this Act, which shall include an
assessment of the impact of the program on student
achievement. The Secretary shall report the results of the
evaluation to the appropriate committees of Congress.
SEC. 5. NONDISCRIMINATION.
(a) In General.--An eligible entity or a school
participating in a project under this Act shall not
discriminate against an individual participant in, or an
individual applicant to participate in, the project on the
basis of race, color, religion, sex, or national origin.
(b) Applicability and Single-Sex Schools, Classes, or
Activities.--
(1) In general.--Notwithstanding any other provision of
law, the prohibition of sex discrimination described in
subsection (a) shall not apply to a school described in
subsection (a) that is operated by, supervised by, controlled
by, or connected to, a religious organization, to the extent
that the application of subsection (a) is inconsistent with
the religious tenets or beliefs of the organization.
(2) Parental choice.--Notwithstanding subsection (a) or any
other provision of law, a parent may choose to enroll a child
in, and a school may offer, a single-sex school, class, or
activity under a project funded under this Act.
(3) Neutrality.--Section 909 of the Education Amendments of
1972 (20 U.S.C. 1688) shall apply to this Act.
(c) Children With Disabilities.--Nothing in this Act may be
construed to alter or modify the requirements of the
Individuals with Disabilities Education Act (20 U.S.C. 1400
et seq.).
(d) Religiously Affiliated Schools.--
(1) In general.--Notwithstanding any other provision of
law, a school described in subsection (a) that is operated
by, supervised by, controlled by, or connected to, a
religious organization may exercise, in matters of
employment, the school's rights consistent with title VII of
the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.),
including the exemptions in that title.
(2) Special rule.--Notwithstanding any other provision of
law, if a school described in subsection (a) receives funds
made available under this Act for an eligible student as a
result of a choice made by the student's parent, the receipt
of the funds shall not, consistent with the first amendment
of the Constitution--
(A) necessitate any change in the school's teaching
mission;
(B) require the school to remove any religious art, icon,
scripture, or other symbol; or
(C) preclude the school from retaining a religious term in
its name, selecting its board members on a religious basis,
or including a religious reference in its mission statement
or another chartering or governing document.
(e) Rules of Construction.--For purposes of Federal law, a
scholarship provided under this Act to a student shall be
considered to be assistance to the parent of the student and
shall not be considered to be assistance to the school that
enrolls the student. The amount of any scholarship (or other
form of support for the provision of supplemental educational
services) provided to a parent of an eligible student under
this Act shall not be treated as income of a parent of the
eligible student for purposes of Federal tax laws or for
purposes of determining eligibility for any other Federal
program, other than the program carried out under this Act.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
Act $100,000,000 for fiscal year 2007 and such sums as may be
necessary for each of the 4 succeeding fiscal years.
Mr. ENSIGN. Mr. President, I am pleased to join my colleague, Senator
Alexander, in introducing legislation
[[Page S7766]]
that would create the America's Opportunity Scholarships for Kids.
First proposed by President Bush, this legislation will provide
children who are in schools designated for restructuring with
scholarships either for the cost of tuition at a private school or for
sustained, supplemental educational services.
The No Child Left Behind Act set up a structure for schools to get
evaluated annually to determine whether they are meeting adequate
yearly progress. Schools are designated for restructuring after 6 years
of poor student academic achievement. Children are often trapped in
these circumstances, and this legislation will help provide them with
either a way out or additional services to increase their academic
achievement levels.
I believe that the America's Opportunity Scholarships for Kids will
provide true school choice across the country.
Competitiveness and innovation are two of the latest buzz words that
surround education. I believe that school choice will breed both
competitiveness and innovation.
A few years ago I read an article by Maurice McTigue, now a professor
at George Mason University. Mr. McTigue was the equivalent of the
Secretary of Transportation in New Zealand when their government
underwent a radical transformation. During that time New Zealand's
government was decentralized, with most control and money going to
local areas. This included the education system.
Rather than having money go directly to the schools, the money
followed the children. The government set specific dollar amounts for
each child, depending on whether the child had special needs, and that
money was given to the school of the child's parents' choice.
This truly radical change caused great uproar at the time, as
everyone believed that it would lead to the destruction of the public
school system. During the first few years of this new system,
enrollment in public schools did decline slightly. However, because
each public school was allowed to change and meet the needs of its
local students, parents eventually moved back to their home schools.
Now, public school enrollment is at an all-time high in New Zealand.
Why? Because schools were forced to compete among themselves without
artificial governmental barriers. Parents were allowed to choose the
school that best fit their child's needs.
I believe the same thing would happen in the United States if school
choice were made available across the country. In fact, two studies by
Harvard researchers have shown that, as the voucher program in
Milwaukee was expanded, there was a marked improvement in test scores
at the public schools most threatened by the program. Students in these
public schools have benefited from competition.
In Milwaukee, the choice program caused the public school system to
shift power from a centralized administration to each individual
school. This shift allowed parents and teachers to make decisions,
including who could teach at the school.
Elementary and secondary education is one of the few sectors in this
country that does not have open competition. By contrast, our higher
education system has flourished because of competition.
The purpose of this legislation is to provide low-income children who
are in schools that have consistently not met adequate yearly progress
benchmarks, and have not improved student academic achievement, with
other options.
This legislation would provide low-income students and their parents
with two options. First, these students would have the option of a
$4,000 scholarship that would be applied to the cost of tuition at the
private school of their parent's choice. If parents decide not to take
the scholarship, their child would be eligible for up to $3,000 of
intensive, sustained supplemental educational services. Supplemental
educational services are services that are provided outside of the
regular school day, such as after or before school, that are designed
to improve academic achievement.
I believe that this legislation is the next step toward bringing true
competition to elementary and secondary education.
I hope that my colleagues will join Senator Alexander and me in
supporting this legislation.
______
By Mr. ALLEN (for himself, Mr. Bingaman, and Mrs. Boxer):
S. 3684. A bill to study and promote the use of energy efficient
computer servers in the United States; to the Committee on Energy and
Natural Resources.
Mr. BINGAMAN. Mr. President, I am pleased to join the Senator from
Virginia as an original cosponsor of legislation to study and promote
the use of energy efficient computer servers in the United States. The
growth of the Internet and online applications and the strong demand
for electronic transactions are creating a growing need for data
centers. Most data center equipment is composed of servers, which are
computers that share resources with other computers on a network.
The average annual power and cooling bill for 100 servers is about
$40,000--from Computer World, February 6, 2006. The U.S. server market
is expected to grow from 2.8 billion servers in 2005 to 4.9 billion in
2009. Without improved efficiency, data center power costs could easily
overtake hardware costs in the next few years--A. Fanara, EPA,
technical workshop on server benchmarking, March 27, 2006.
Our bill would require the Administrator of EPA to study and analyze
the growth and energy consumption of computer data centers. A critical
goal of the study is to develop a standard way to measure server
efficiency. Energy efficient servers and data center designs are
currently available. This analysis would help promote the use of
efficient server technology through the Energy Star Program or the
Department of Energy's buildings standards program and allow consumers
to compare products on the basis of efficiency.
This legislation has broad support from the information technology
sector and energy efficiency advocates, including the Alliance to Save
Energy, the American Electronics Association, the American Council for
an Energy Efficient Economy, the Electronic Industries Alliance, the
Information Technology Industry Council, the Semiconductor Association,
and leading companies such as Intel, AMD, Sun, and HP.
Mr. President, under the bipartisan leadership of Representative
Eshoo, and Representative Rogers, the House approved identical
legislation last week. I hope that the Senate will also pass this
needed legislation as soon as possible.
____________________