[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.

                          ____________________