To establish a congressional commission to examine the Federal, State, and local response to the devastation wrought by Hurricane Katrina in the Gulf Region of the United States especially in the States of Louisiana, Mississippi, Alabama, and other areas impacted in the aftermath and make immediate corrective measures to improve such responses in the future.

TEXT OF AMENDMENTS

SA 1648. Mr. COBURN (for himself and Mr. Coleman) submitted an
amendment intended to be proposed by him to the bill H.R. 2862, making
appropriations for Science, the Departments of State, Justice, and
Commerce, and related agencies for the fiscal year ending September 30,
2006, and for other purposes; which was ordered to lie on the table; as
follows:

On page 170, between lines 9 and 10, insert the following:
Sec. 304.(a) Notwithstanding the provisions in title III
under the heading ``National Institute of Standards and
Technology'' and under the subheading ``industrial technology
services'', none of the funds appropriated in this Act may be
made available for the Advanced Technology Program of the
National Institute of Standards and Technology.
(b) Notwithstanding any other provision of this Act, the
amount made available in title III under the heading
``National Oceanic and Atmospheric Administration'' and under
the subheading ``operations, research, and facilities'' for
the National Weather Service is increased by $4,900,000 and,
of the total amount made available for such purpose under
such subheading, $3,950,000 shall be made available for the
Coastal and Inland Hurricane Monitoring and Prediction
Program and $3,950,000 shall be made available for the
Hurricane and Tornado Broadcast Campaign.
(c) Notwithstanding any other provision of this Act, the
amount made appropriated in title I under the heading
``Office of Justice Programs'' and under the subheading
``community oriented policing services'' is increased by
$72,000,000 and, of the total amount made available under
such subheading, not less than $132,100,000 shall be made
available for the Methamphetamine Hot Spots program.
(d) Notwithstanding any other provisions of this Act, the
amount made appropriated in title I under the heading
``Office of Justice Programs'' and under the subheading
``state and local law enforcement assistance'' is increased
by $48,000,000 and, of the total amount made available under
such subheading, not less than $578,000,000 shall be made
available for the Justice Assistance Grants program.
______

SA 1649. Mr. SALAZAR submitted an amendment intended to be proposed
by him to the bill H.R. 2862, making appropriations for Science, the
Departments of State, Justice, and Commerce, and related agencies for
the fiscal year ending September 30, 2006, and for other purposes;
which was ordered to lie on the table; as follows:

On page 142, after line 3, insert the following:
Sec. __. Within the funds provided for the Drug Enforcement
Agency, the Attorney General shall establish a
Methamphetamine Task Force within the Drug Enforcement Agency
which shall be responsible for improving and targeting the
Federal Government's policies with respect to the production
and trafficking of methamphetamine: Provided, That within 90
days of enactment of this Act, the Drug Enforcement Agency
shall submit a plan that outlines the governance structure
and membership of the task force: Provided further, That
within 120 days the Drug Enforcement Agency shall establish
the task force and submit to the Committee on Appropriations
of the Senate and the Committee on Appropriations of the
House of Representatives the membership of the task force and
powers established for the task force.
______

SA 1650. Mr. VOINOVICH (for himself, Mr. DeWine, and Mr. Levin)
submitted an amendment intended to be proposed by him to the bill H.R.
2862, making appropriations for Science, the Departments of State,
Justice, and Commerce, and related agencies for the fiscal year ending
September 30, 2006, and for other purposes; which was ordered to lie on
the table; as follows:

On page 170, between lines 9 and 10, insert the following:
Sec. 304. Of the funds made available under this title for
the National Oceanic and Atmospheric Administration,
$5,000,000 shall be made available to the Inter-Agency Task
Force on Harmful Algal Blooms and Hypoxia for the development
of the scientific assessment of hypoxia in United States
coastal waters, including the Great Lakes, required by
section 603(g) of the Harmful Algal Bloom and Hypoxia
Research and Control Act of 1998 (16 U.S.C. 1451 note).
______

SA 1651. Mr. COBURN submitted an amendment intended to be proposed by
him to the bill H.R. 2862, making appropriations for Science, the
Departments of State, Justice, and Commerce, and related agencies for
the fiscal year ending September 30, 2006, and for other purposes;
which was ordered to lie on the table; as follows:

[[Page S9853]]

On page 170, between lines 9 and 10, insert the following:
Sec. 304. (a) Notwithstanding the provisions in title III
under the heading ``National Institute of Standards and
Technology'' and under the subheading ``industrial technology
services'', none of the funds appropriated in this Act may be
made available for the Advanced Technology Program of the
National Institute of Standards and Technology.
(b) Notwithstanding any other provision of this Act, the
amount made available in title III under the heading
``National Oceanic and Atmospheric Administration'' and under
the subheading ``operations, research, and facilities'' for
the National Weather Service is increased by $4,900,000.
(c) Notwithstanding any other provision of this Act, the
amount made appropriated in title I under the heading
``Office of Justice Programs'' and under the subheading
``community oriented policing services'' is increased by
$72,000,000 and, of the total amount made available under
such subheading, not less than $132,100,000 shall be made
available for the Methamphetamine Hot Spots program.
(d) Notwithstanding any other provisions of this Act, the
amount made appropriated in title I under the heading
``Office of Justice Programs'' and under the subheading
``state and local law enforcement assistance'' is increased
by $48,000,000 and, of the total amount made available under
such subheading, not less than $578,000,000 shall be made
available for the Justice Assistance Grants program.
______

SA 1652. Mrs. LINCOLN (for herself, Mr. Reid, Mr. Bingaman, Mr.
Lautenberg, and Mr. Corzine) proposed an amendment to the bill H.R.
2862, making appropriations for Science, the Departments of State,
Justice, and Commerce, and related agencies for the fiscal year ending
September 30, 2006, and for other purposes; as follows:

At the appropriate place, insert the following:

TITLE__TEMPORARY MEDICAID DISASTER RELIEF

SEC. __01. SHORT TITLE OF TITLE; PURPOSE.

(a) Short Title of Title.--This title may be cited as the
``Temporary Medicaid Disaster Relief Act of 2005''.
(b) Purpose.--The purpose of this title is to ensure all
those affected by Hurricane Katrina have access to health
coverage and medical care through the medicaid program and to
authorize temporary changes in such program to guarantee and
expedite that coverage and access to care.

SEC. __02. DISASTER RELIEF PERIOD.

(a) In General.--For purposes of this title, the term
``disaster relief period'' means the period beginning on
August 29, 2005, and, subject to subsection (b), ending on
February 28, 2006.
(b) Presidential Authority To Extend Disaster Relief
Period.--
(1) In general.--The President shall extend the application
of section __03 and paragraphs (1) and (2) of section __04(a)
until September 30, 2006, unless the President determines
that all Katrina Survivors would have sufficient access to
health care without such an extension. In the case of such an
extension, the reference to ``February 28, 2006'' in
subsection (a) shall be considered to be a reference to
``September 30, 2006''.
(2) Notice to congress.--The President shall notify the
Majority and Minority Leaders of the Senate, the Speaker of
the House of Representatives, the Minority Leader of the
House of Representatives, and the Chairs and Ranking Members
of the Committee on Finance of the Senate and the Committees
on Energy and Commerce and Ways and Means of the House of
Representatives at least 30 days prior to--
(A) extending the application of such sections; or
(B) if the President determines not to extend the
application of such sections, February 28, 2006.

SEC. __03. TEMPORARY MEDICAID COVERAGE FOR KATRINA SURVIVORS.

(a) Definitions.--In this title:
(1) Katrina survivor.--
(A) In general.--The term ``Katrina Survivor'' means an
individual who is described in subparagraph (B) or (C).
(B) Residents of disaster localities.--
(i) In general.--An individual who, on any day during the
week preceding the declaration of a public health emergency
on August 29, 2005, had a residence in--

(I) a parish in the State of Louisiana that is among the
parishes that the Federal Emergency Management Agency of the
Emergency Preparedness and Response Directorate of the
Department of Homeland Security declared on September 4,
2005, to be Federal Disaster Parishes; or
(II) a county in the State of Alabama or Mississippi that
is among the counties such Agency declared Federal Disaster
Counties on September 4, 2005.

(ii) Authority to rely on website posted designations.--The
Secretary of Health and Human Services shall post on the
Internet website for the Centers for Medicare & Medicaid
Services a list of parishes and counties identified as
Federal Disaster Parishes or Counties. Any State which
provides medical assistance to Katrina Survivors on the basis
of such posting and in accordance with this title shall be
held harmless if it is subsequently determined that the
provision of such assistance was in error.
(C) Individuals who lost employment.--An individual who, on
any day during the week preceding the declaration of a public
health emergency on August 29, 2005, had a residence in a
direct impact State and lost their employment since Hurricane
Katrina.
(D) Construction.--A Katrina Survivor shall be treated as
being ``from'' the State of residence described in
subparagraph (B)(i) or (C), as the case may be.
(E) Treatment of current medicaid beneficiaries.--Nothing
in this title shall be construed as preventing an individual
who is otherwise entitled to medical assistance under title
XIX of the Social Security Act from being treated as a
Katrina Survivor under this title.
(F) Treatment of homeless persons.--For purposes of this
title, in the case of an individual who was homeless on any
day during the week described in subparagraph (B)(i), the
individual's ``residence'' shall be deemed to be the place of
residence as otherwise determined for such an individual
under title XIX of the Social Security Act.
(2) Direct impact state.--The term ``direct impact State''
means the State of Louisiana, Alabama, and Mississippi.
(b) Rules for Providing Temporary Medical Assistance to
Katrina Survivors.--During the disaster relief period, any
State may provide medical assistance to Katrina Survivors
under a State medicaid plan established under title XIX of
the Social Security Act in accordance with the following:
(1) Uniform eligibility rules.--
(A) No income, resources, residency, or categorical
eligibility requirements.--Such assistance shall be provided
without application of any income or resources test, State
residency, or categorical eligibility requirements.
(B) Streamlined eligibility procedures.--The State shall
use the following streamlined procedures in processing
applications and determining eligibility for medical
assistance for Katrina Survivors:
(i) A common 1-page application form developed by the
Secretary of Health and Human Services in consultation with
the National Association of State Medicaid Directors. Such
form shall include notice regarding the penalties for making
a fraudulent application under paragraph (4) and shall
require the applicant to assign to the State any rights of
the applicant (or any other person who is a Katrina Survivor
and on whose behalf the applicant has the legal authority to
execute an assignment of such rights) under any group health
plan or other third-party coverage for health care.
(ii) Self-attestation by the applicant that the applicant
is a Katrina Survivor.
(iii) No requirement for documentation evidencing the basis
on which the applicant qualifies to be a Katrina Survivor.
(iii) Issuance of a Medicaid eligibility card to an
applicant who completes such application, including the self-
attestation required under clause (ii). Such card shall be
valid during the disaster relief period.
(iv) If an applicant completes the application and presents
it to a provider or facility participating in the State
medicaid plan that is qualified to make presumptive
eligibility determinations under such plan (which at a
minimum shall consist of facilities identified in section
1902(a)(55) of the Social Security Act (42 U.S.C.
1396a(a)(55)) and it appears to the provider that the
applicant is a Katrina Survivor based on the information in
the application, the applicant will be deemed to be a Katrina
Survivor eligible for medical assistance in accordance with
this section, subject to paragraph (3).
(v) Continuous eligibility, without the need for any
redetermination of eligibility, for the duration of the
disaster relief period.
(C) Determination of eligibility for coverage after the
termination of the disaster relief period.--In the case of a
Katrina Survivor who is receiving medical assistance from a
State, prior to the termination of the disaster relief
period, the State providing such assistance shall determine
whether the Katrina Survivor is eligible for continued
medical assistance under the State's eligibility rules
otherwise applicable under the State medicaid plan. If a
State determines that the individual is so eligible, the
State shall provide the individual with written notice of the
determination and provide the individual with continued
coverage for such medical assistance for so long as the
individual remains eligible under such otherwise applicable
eligibility rules. If a State determines that the individual
is not so eligible, the State shall provide the individual
with written notice of the determination, including the
reasons for such determination.
(2) Scope of coverage same as categorically needy.--The
State shall treat Katrina Survivors as individuals eligible
for medical assistance under the State plan under title XIX
of the Social Security Act on the basis of section
1902(a)(10)(A)(i) of the Social Security Act (42 U.S.C.
1396a(a)(10)(A)(i)), with coverage for such assistance
retroactive to August 29, 2005.
(3) Verification of status as a katrina survivor.--
(A) In general.--The State shall make a good faith effort
to verify the status of a Katrina Survivor enrolled in the
State Medicaid plan under the provisions of this section
after the determination of the eligibility of the Survivor
for medical assistance under such plan.
(B) Evidence of verification.--A State may satisfy the
verification requirement

[[Page S9854]]

under subparagraph (A) with respect to a Katrina Survivor by
showing that the State providing medical assistance obtained
information from the Social Security Administration, the
Internal Revenue Service, or the State Medicaid Agency for
the direct impact State.
(C) Disallowance of payments for failure to make good faith
effort.--If, with respect to the status of a Katrina Survivor
enrolled in a State Medicaid plan, the State fails to make
the good faith effort required under subparagraph (A), and
the Secretary determines that the individual so enrolled is
not a Katrina Survivor, the Secretary shall disallow all
Federal payments made to the State that are directly
attributable to medical assistance provided or administrative
costs incurred with respect to the individual during the
disaster relief period.
(4) Penalty for fraudulent applications.--
(A) Individual liable for costs.--If a State, as the result
of verification activities conducted under paragraph (3),
determines after a fair hearing that an individual has
knowingly made a false self-attestation described in
paragraph (1)(B)(ii), the State may, subject to subparagraph
(B), seek recovery from the individual for the full amount of
the cost of medical assistance provided to the individual
under this section.
(B) Exception.--The Secretary shall exempt a State from
seeking recovery under subparagraph (A) if the Secretary
determines that it would not be cost-effective for the State
to do so.
(C) Reimbursement to the federal government.--Any amounts
recovered by a State in accordance with this paragraph shall
be returned to the Federal government, except that a State's
administrative costs attributable to obtaining such recovery
shall be reimbursed by the Federal government in accordance
with section __04(a)(2).
(5) Exemption from error rate penalties.--All payments
attributable to providing medical assistance to Katrina
Survivors in accordance with this section shall be
disregarded for purposes of section 1903(u) of the Social
Security Act.

SEC. __04. TEMPORARY DISASTER RELIEF FOR STATES UNDER
MEDICAID.

(a) Increase in Federal Matching Rate.--
(1) 100 percent fmap for medical assistance.--
Notwithstanding section 1905(b) of the Social Security Act
(42 U.S.C. 1396d(b)), the Federal medical assistance
percentage for providing medical assistance under a State
medicaid plan under title XIX of such Act to Katrina
Survivors or, in the case of a direct impact State, to any
individual who is provided medical assistance under the State
medicaid plan during the disaster relief period, shall be 100
percent.
(2) 100 percent federal match for certain administrative
costs.--Notwithstanding paragraph (7) of section 1903(a) of
such Act (42 U.S.C. 1396b(a)), or any other paragraph of such
section, the Federal matching rate for costs directly
attributable to all administrative activities that relate to
the enrollment of Katrina Survivors under section __03 in a
State medicaid plan, verification of the status of such
Survivors, processing of claims for payment for medical
assistance provided to such Survivors under such section, and
recovery costs under section __03(b)(4)(C), shall be 100
percent. The Secretary shall issue guidance not later 30 days
after the date of enactment of this Act on the implementation
of this paragraph.
(b) Limitation on Reduction of FMAP for Fiscal Year 2006
for any State.--If the Federal medical assistance percentage
(as defined in section 1905(b) of the Social Security Act)
determined for a State for fiscal year 2006 is less than the
Federal medical assistance percentage determined for the
State for fiscal year 2005, the Federal medical assistance
percentage for the State for fiscal year 2005 shall apply to
the State for fiscal year 2006 only for purposes of title XIX
of the Social Security Act.
(c) Temporary Suspension of Medicare ``Clawback'' and
Postponement of Cut-Off of Medicaid Prescription Drug Funding
in Affected States.--
(1) Suspension in application of ``clawback''.--Section
1935(c) of the Social Security Act (42 U.S.C. 1396u-5(c))
shall not apply, subject to paragraph (3), before January
2007 to a direct impact State or to a State that experiences
a significant influx of Katrina Survivors.
(2) Continuation of medicaid drug coverage for dual
eligibles.--Section 1935(d)(1) of such Act shall also not
apply, subject to paragraph (3), before January 2007 to a
part D eligible individual who is a Katrina Survivor.
(3) Termination of application of subsection.--Paragraphs
(1) and (2) shall no longer apply to a State or a Katrina
Survivor, respectively, if the Secretary determines, after
consultation with the State, that enrollment of all part D
eligible individuals in the State under part D of title XVIII
of the Social Security Act who are described in section
1935(c)(6)(A)(ii) of such Act can be achieved without a
discontinuation in prescription drug coverage for any such
individual.
(4) Definition.--For purposes of this subsection, the term
``State that experiences a significant influx of Katrina
Survivors'' means those States, including Arkansas, Florida,
Oklahoma, and Texas, that the Secretary of Health and Human
Services identifies as having a significant in-migration of
Katrina Survivors.

SEC. __05. ACCOMMODATION OF SPECIAL NEEDS OF KATRINA
SURVIVORS UNDER MEDICARE PROGRAM..

(a) Exclusion of Disaster Relief Period in Computing Part B
Late Enrollment Penalty.--In applying the first sentence of
section 1839(b) of the Social Security Act (42 U.S.C.
1395r(b)) in the case of a Katrina Survivor, there shall not
be taken into account any month any part of which is within
the disaster relief period or within the 2-month period
following the end of such disaster relief period.
(b) Part D.--
(1) Extension of initial enrollment period.--In the case of
a Katrina Survivor, the initial enrollment period under
section 1860D-1(b)(2) of the Social Security Act (42 U.S.C.
1395w-101(b)(2)) shall in no case end before May 15, 2007.
(2) Flexibility in documentation for low-income
subsidies.--For purposes of carrying out section 1860D-14 of
the Social Security Act (42 U.S.C. 1395w-114), with respect
to Katrina Survivors, the Secretary of Health and Human
Services shall establish documentation rules for Katrina
Survivors which take into account the loss and unavailability
of documents due to Hurricane Katrina.
______

SA 1653. Mr. ENSIGN submitted an amendment intended to be proposed by
him to the bill H.R. 2862, making appropriations for Science, the
Departments of State, Justice, and Commerce, and related agencies for
the fiscal year ending September 30, 2006, and for other purposes;
which was ordered to lie on the table; as follows:

On page 133, line 11, strike ``$2,287,000'' and insert
``$5,287,000''.
______

SA 1654. Mr. DAYTON (for himself, Mr. Chambliss, Mr. Obama, Mr.
Kerry, Mr. Harkin, Mr. Hagel, Mrs. Clinton, Ms. Cantwell, Mr. Salazar,
Mr. Durbin, Mr. Baucus, Mr. Biden, and Mr. Nelson of Nebraska)
submitted an amendment intended to be proposed by him to the bill H.R.
2862, making appropriations for Science, the Departments of State,
Justice, and Commerce, and related agencies for the fiscal year ending
September 30, 2006, and for other purposes; as follows:

On page 133, line 24, strike ``$1,078,350,000'' and insert
``$1,353,350,000 of which in addition to amounts provided by
the following table $275,000,000 shall be available for
Justice Assistance Grants to be offset by reducing
appropriations in this title by a total of $275,000,000 to
come from activities as follows: $43,000,000 from travel and
transportation of persons; $3,000,000 from transportation of
things; $27,000,000 from communications, utilities, and
miscellaneous charges; $6,000,000 from printing and
reproduction; and $196,000,000 from other services''.
______

SA 1655. Mr. SHELBY proposed an amendment to the bill H.R. 2862,
making appropriations for Science, the Departments of State, Justice,
and Commerce, and related agencies for the fiscal year ending September
30, 2006, and for other purposes; as follows:

On page 144, line 10, strike ``$409,625,000'' and insert
``404,625,000''.
On page 152, between line 20 and 21, insert the following:
``United States Travel and Tourism Promotion
For necessary expenses of the United States Travel and
Tourism Promotion Program, as authorized by section 210 of
Public Law 108-7, for programs promoting travel to the United
States including grants, contracts, cooperative agreements
and related costs, $5,000,000, to remain available until
September 30, 2007.''.
______

SA 1656. Mr. SHELBY proposed an amendment to the bill H.R. 2862,
making appropriations for Science, the Departments of State, Justice,
and Commerce, and related agencies for the fiscal year ending September
30, 2006, and for other purposes; as follows:

On page 170, between lines 9 and 10, insert the following:
Sec. 304. Notwithstanding any other provision of this Act,
of the amounts made available in this title under the heading
``National Oceanic and Atmospheric Administration'' and under
the subheading ``operations, research, and facilities'', not
less than $5,800,000 shall be made available for the National
Hurricane Center and that such amount may be used to employ
individuals in 43 full-time equivalent positions at the
National Hurricane Center.
______

SA 1657. Mr. SHELBY proposed an amendment to the bill H.R. 2862,
making appropriations for Science, the Departments of State, Justice,
and Commerce, and related agencies for the fiscal year ending September
30, 2006, and for other purposes; as follows:

On page 173, beginning in line 2, strike ``: Provided
further,'' and all that follows through ``this Act'' in line
10.
______

SA 1658. Mr. SHELBY (for Mr. Dorgan) submitted an amendment to the
bill H.R. 2862, making appropriations for Science, the Departments of
State, Justice, and Commerce, and related

[[Page S9855]]

agencies for the fiscal year ending September 30, 2006, and for other
purposes; as follows:

On page 188, line 10, after ``Alaska'' insert ``or North
Dakota''.
______

SA 1659. Mr. HARKIN (for himself, Mr. Smith, Mr. Bingaman, Mr. Wyden,
Mr. Feingold, Mr. Kennedy, Mr. Obama, Mr. Corzine, and Mr. Durbin)
proposed an amendment to the bill H.R. 2862, making appropriations for
Science, the Departments of State, Justice, and Commerce, and related
agencies for the fiscal year ending September 30, 2006, and for other
purposes; as follows:

On page 175, strike lines 6 through 9 and insert the
following:
For payment to the Legal Services Corporation to carry out
the purposes of the Legal Services Corporation Act of 1974,
$358,527,000, of which $346,251,000 is for basic field
programs and required independent audits (of which $8,000,000
is for basic field programs providing legal assistance to
victims of Hurricane Katrina).
Notwithstanding any other provisions in the Act, the sums
appropriated for the Department of Justice are reduced by $37
million. This reduction is to be taken by the Attorney
General from accounts receiving an increase in travel and
transportation of persons as specified in the President's
Fiscal Year 2006 Budget Submittal to Congress pursuant to 31
U.S.C. section 1105 and which are in excess of the fiscal
year 2005 level;
SA 1660. Mrs. CLINTON (for herself, Ms. Stabenow, Mr. Corzine, Mr.
Reed, Mr. Salazar, Mr. Lautenberg, Mr. Jeffords, Mr. Schumer, and Ms.
Mikulski) submitted an amendment intended to be proposed by him to the
bill H.R. 2862, making appropriations for Science, the Departments of
State, Justice, and Commerce, and related agencies for the fiscal year
ending September 30, 2006, and for other purposes; which was ordered to
lie on the table; as follows:

At the appropriate place, insert the following:

TITLE __--KATRINA COMMISSION

SEC. __01. ESTABLISHMENT OF COMMISSION.

There is established in the legislative branch the Katrina
Commission (in this title referred to as the ``Commission'').

SEC. __02. COMPOSITION OF COMMISSION.

(a) Members.--The Commission shall be composed of 10
members, of whom--
(1) 1 member shall be appointed by the President, who shall
serve as chairman of the Commission;
(2) 1 member shall be appointed by the leader of the Senate
(majority or minority leader, as the case may be) of the
Democratic Party, in consultation with the leader of the
House of Representatives (majority or minority leader, as the
case may be) of the Democratic Party, who shall serve as vice
chairman of the Commission;
(3) 2 members shall be appointed by the senior member of
the Senate leadership of the Democratic Party;
(4) 2 members shall be appointed by the senior member of
the leadership of the House of Representatives of the
Republican Party;
(5) 2 members shall be appointed by the senior member of
the Senate leadership of the Republican Party; and
(6) 2 members shall be appointed by the senior member of
the leadership of the House of Representatives of the
Democratic Party.
(b) Qualifications; Initial Meeting.--
(1) Political party affiliation.--Not more than 5 members
of the Commission shall be from the same political party.
(2) Nongovernmental appointees.--An individual appointed to
the Commission may not be an officer or employee of the
Federal Government or any State or local government.
(3) Other qualifications.--It is the sense of Congress that
individuals appointed to the Commission should be prominent
United States citizens who represent a diverse range of
citizens and enjoy national recognition and significant depth
of experience in such professions as governmental service,
emergency preparedness, mitigation planning, cataclysmic
planning and response, intergovernmental management, resource
planning, recovery operations and planning, Federal
coordination, military coordination, and other extensive
natural disaster and emergency response experience.
(4) Deadline for appointment.--All members of the
Commission shall be appointed on or before October 1, 2005.
(5) Initial meeting.--The Commission shall meet and begin
the operations of the Commission as soon as practicable.
(c) Quorum; Vacancies.--After its initial meeting, the
Commission shall meet upon the call of the chairman or a
majority of its members. Six members of the Commission shall
constitute a quorum. Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner in
which the original appointment was made.

SEC. __03. DUTIES.

The duties of the Commission are to--
(1) examine and report upon the Federal, State, and local
response to the devastation wrought by Hurricane Katrina in
the Gulf Region of the United States of America especially in
the States of Louisiana, Mississippi, Alabama, and other
areas impacted in the aftermath;
(2) ascertain, evaluate, and report on the information
developed by all relevant governmental agencies regarding the
facts and circumstances related to Hurricane Katrina prior to
striking the United States and in the days and weeks
following;
(3) build upon concurrent and prior investigations of other
entities, and avoid unnecessary duplication concerning
information related to existing vulnerabilities;
(4) make a full and complete accounting of the
circumstances surrounding the approach of Hurricane Katrina
to the Gulf States, and the extent of the United States
government's preparedness for, and response to, the
hurricane;
(5) planning necessary for future cataclysmic events
requiring a significant marshaling of Federal resources,
mitigation, response, and recovery to avoid significant loss
of life;
(6) an analysis as to whether any decisions differed with
respect to response and recovery for different communities,
neighborhoods, parishes, and locations and what problems
occurred as a result of a lack of a common plan,
communication structure, and centralized command structure;
and
(7) investigate and report to the President and Congress on
its findings, conclusions, and recommendations for immediate
corrective measures that can be taken to prevent problems
with Federal response that occurred in the preparation for,
and in the aftermath of, Hurricane Katrina so that future
cataclysmic events are responded to adequately.

SEC. __04. FUNCTIONS OF COMMISSION.

(a) In General.--The functions of the Commission are to--
(1) conduct an investigation that--
(A) investigates relevant facts and circumstances relating
to the catastrophic impacts that Hurricane Katrina exacted
upon the Gulf Region of the United States especially in New
Orleans and surrounding parishes, and impacted areas of
Mississippi and Alabama; and
(B) shall include relevant facts and circumstances relating
to--
(i) Federal emergency response planning and execution at
the Federal Emergency Management Agency, the Department of
Homeland Security, the White House, and all other Federal
entities with responsibility for assisting during, and
responding to, natural disasters;
(ii) military and law enforcement response planning and
execution;
(iii) Federal mitigation plans, programs, and policies
including prior assessments of existing vulnerabilities and
exercises designed to test those vulnerabilities;
(iv) Federal, State, and local communication
interoperability successes and failures;
(v) past, present, and future Federal budgetary provisions
for preparedness, mitigation, response, and recovery;
(vi) the Federal Emergency Management Agency's response
capabilities as an independent agency and as part of the
Department of Homeland Security;
(vii) the role of congressional oversight and resource
allocation;
(viii) other areas of the public and private sectors
determined relevant by the Commission for its inquiry; and
(ix) long-term needs for people impacted by Hurricane
Katrina and other forms of Federal assistance necessary for
large-scale recovery;
(2) identify, review, and evaluate the lessons learned from
Hurricane Katrina including coordination, management
policies, and procedures of the Federal Government, State and
local governments, and nongovernmental entities, relative to
detection, planning, mitigation, asset prepositioning, and
responding to cataclysmic natural disasters such as Hurricane
Katrina; and
(3) submit to the President and Congress such reports as
are required by this title containing such findings,
conclusions, and recommendations as the Commission shall
determine, including proposing organization, coordination,
planning, management arrangements, procedures, rules, and
regulations.

SEC. __05. POWERS OF COMMISSION.

(a) In General.--
(1) Hearings and evidence.--The Commission or, on the
authority of the Commission, any subcommittee or member
thereof, may, for the purpose of carrying out this Act--
(A) hold such hearings and sit and act at such times and
places, take such testimony, receive such evidence,
administer such oaths; and
(B) subject to paragraph (2)(A), require, by subpoena or
otherwise, the attendance and testimony of such witnesses and
the production of such books, records, correspondence,
memoranda, papers, and documents, as the Commission or such
designated subcommittee or designated member may determine
advisable.
(2) Subpoenas.--
(A) Issuance.--
(i) In general.--A subpoena may be issued under this
subsection only--

(I) by the agreement of the chairman and the vice chairman;
or
(II) by the affirmative vote of 6 members of the
Commission.

(ii) Signature.--Subject to clause (i), subpoenas issued
under this subsection may be issued under the signature of
the chairman or any member designated by a majority of

[[Page S9856]]

the Commission, and may be served by any person designated by
the chairman or by a member designated by a majority of the
Commission.
(B) Enforcement.--
(i) In general.--In the case of contumacy or failure to
obey a subpoena issued under subsection (a), the United
States district court for the judicial district in which the
subpoenaed person resides, is served, or may be found, or
where the subpoena is returnable, may issue an order
requiring such person to appear at any designated place to
testify or to produce documentary or other evidence. Any
failure to obey the order of the court may be punished by the
court as a contempt of that court.
(ii) Additional enforcement.--In the case of any failure of
any witness to comply with any subpoena or to testify when
summoned under authority of this section, the Commission may,
by majority vote, certify a statement of fact constituting
such failure to the appropriate United States attorney, who
may bring the matter before the grand jury for its action,
under the same statutory authority and procedures as if the
United States attorney had received a certification under
sections 102 through 104 of the Revised Statutes of the
United States (2 U.S.C. 192 through 194).
(b) Contracting.--The Commission may, to such extent and in
such amounts as are provided in appropriation Acts, enter
into contracts to enable the Commission to discharge its
duties under this title.
(c) Information From Federal Agencies.--
(1) In general.--The Commission is authorized to secure
directly from any executive department, bureau, agency,
board, commission, office, independent establishment, or
instrumentality of the Government, information, suggestions,
estimates, and statistics for the purposes of this title.
Each department, bureau, agency, board, commission, office,
independent establishment, or instrumentality shall, to the
extent authorized by law, furnish such information,
suggestions, estimates, and statistics directly to the
Commission, upon request made by the chairman, the chairman
of any subcommittee created by a majority of the Commission,
or any member designated by a majority of the Commission.
(2) Receipt, handling, storage, and dissemination.--
Information shall only be received, handled, stored, and
disseminated by members of the Commission and its staff
consistent with all applicable statutes, regulations, and
Executive orders.
(d) Assistance From Federal Agencies.--
(1) General services administration.--The Administrator of
General Services shall provide to the Commission on a
reimbursable basis administrative support and other services
for the performance of the Commission's functions.
(2) Other departments and agencies.--In addition to the
assistance prescribed in paragraph (1), departments and
agencies of the United States may provide to the Commission
such services, funds, facilities, staff, and other support
services as they may determine advisable and as may be
authorized by law.
(e) Gifts.--The Commission may accept, use, and dispose of
gifts or donations of services or property.
(f) Postal Services.--The Commission may use the United
States mails in the same manner and under the same conditions
as departments and agencies of the United States.

SEC. __06. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE
ACT.

(a) In General.--The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to the Commission.
(b) Public Meetings and Release of Public Versions of
Reports.--The Commission shall--
(1) hold public hearings and meetings to the extent
appropriate; and
(2) release public versions of the reports required under
section __10.
(c) Public Hearings.--Any public hearings of the Commission
shall be conducted in a manner consistent with the protection
of information provided to or developed for or by the
Commission as required by any applicable statute, regulation,
or Executive order.

SEC. __07. STAFF OF COMMISSION.

(a) In General.--
(1) Appointment and compensation.--The chairman, in
consultation with the vice chairman, in accordance with rules
agreed upon by the Commission, may appoint and fix the
compensation of a staff director and such other personnel as
may be necessary to enable the Commission to carry out its
functions, without regard to the provisions of title 5,
United States Code, governing appointments in the competitive
service, and without regard to the provisions of chapter 51
and subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates, except that no
rate of pay fixed under this subsection may exceed the
equivalent of that payable for a position at level V of the
Executive Schedule under section 5316 of title 5, United
States Code.
(2) Personnel as federal employees.--
(A) In general.--The executive director and any personnel
of the Commission who are employees shall be employees under
section 2105 of title 5, United States Code, for purposes of
chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title.
(B) Members of commission.--Subparagraph (A) shall not be
construed to apply to members of the Commission.
(b) Detailees.--Any Federal Government employee may be
detailed to the Commission without reimbursement from the
Commission, and such detailee shall retain the rights,
status, and privileges of his or her regular employment
without interruption.
(c) Consultant Services.--The Commission is authorized to
procure the services of experts and consultants in accordance
with section 3109 of title 5, United States Code, but at
rates not to exceed the daily rate paid a person occupying a
position at level IV of the Executive Schedule under section
5315 of title 5, United States Code.

SEC. __08. COMPENSATION AND TRAVEL EXPENSES.

(a) Compensation.--Each member of the Commission may be
compensated at not to exceed the daily equivalent of the
annual rate of basic pay in effect for a position at level IV
of the Executive Schedule under section 5315 of title 5,
United States Code, for each day during which that member is
engaged in the actual performance of the duties of the
Commission.
(b) Travel Expenses.--While away from their homes or
regular places of business in the performance of services for
the Commission, members of the Commission shall be allowed
travel expenses, including per diem in lieu of subsistence,
in the same manner as persons employed intermittently in the
Government service are allowed expenses under section 5703(b)
of title 5, United States Code.

SEC. __09. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND
STAFF.

The appropriate Federal agencies or departments shall
cooperate with the Commission in expeditiously providing to
the Commission members and staff appropriate security
clearances to the extent possible pursuant to existing
procedures and requirements, except that no person shall be
provided with access to classified information under this
title without the appropriate security clearances.

SEC. __10. REPORTS OF COMMISSION; TERMINATION.

(a) Interim Reports.--The Commission may submit to the
President and Congress interim reports containing such
findings, conclusions, and recommendations for corrective
measures as have been agreed to by a majority of Commission
members.
(b) Final Report.--Not later than 6 months after the date
of the enactment of this title, the Commission shall submit
to the President and Congress a final report containing such
findings, conclusions, and recommendations for corrective
measures as have been agreed to by a majority of Commission
members.
(c) Termination.--
(1) In general.--The Commission, and all the authorities of
this Act, shall terminate 60 days after the date on which the
final report is submitted under subsection (b).
(2) Administrative activities before termination.--The
Commission may use the 60-day period referred to in paragraph
(1) for the purpose of concluding its activities, including
providing testimony to committees of Congress concerning its
reports and disseminating the final report.

SEC. __11. FUNDING.

(a) Emergency Appropriation of Funds.--There are authorized
to be appropriated $3,000,000 for purposes of the activities
of the Commission under this title and such funding is
designated as emergency spending under section 402 of H. Con.
Res. 95 (109th Congress).
(b) Duration of Availability.--Amounts made available to
the Commission under subsection (a) shall remain available
until the termination of the Commission.
______

SA 1661. Mr. BIDEN (for himself, Mr. Durbin, Mrs. Clinton, Mr. Kerry,
and Mr. Reed) proposed an amendment to the bill H.R. 2862, making
appropriations for Science, the Departments of State, Justice, and
Commerce, and related agencies for the fiscal year ending September 30,
2006, and for other purposes; as follows:

At the end of the bill, insert the following:

TITLE VII--EMERGENCY RELIEF FOR VICTIMS OF HURRICANE KATRINA.

In addition to amounts otherwise provided for in this Act,
the following amounts are appropriated for fiscal year 2006
and designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress):
(1) Enhancing state and local law enforcement.--
$1,000,000,000 to the Community Oriented Policing Services
function in the following amounts:
(A) $700,000,000 added to the Hiring section.
(B) $300,000,000 to the Interoperable Communications
Technology section.
(2) Assisting children impacted by hurricane katrina.--
Under the Missing Children Program, $10,000,000 to the
National Center for Missing and Exploited Children to find,
unite, and transport children impacted by Hurricane Katrina
to their parents, legal guardian, or next of kin.
(3) Assisting victims of sexual abuse and domestic
violence.--Under the Violence Against Women Act function,
$8,000,000 for the Office of Violence Against Women to assist
victims of domestic violence and sexual abuse in the areas
impacted by Hurricane Katrina in the following amounts:
(A) $2,000,000 for the Rape Abuse and Incest National
Network (RAINN) to rebuild crises centers, provide emergency
counseling services in shelters, provide emergency counseling
services in shelters, provide adequate

[[Page S9857]]

services in communities with evacuees, and provide adequate
short- and long-term support for displaced persons across the
country.
(B) $1,000,000 for nonprofit, nongovernmental statewide
coalitions serving sexual assault victims within the State to
be used to assist victims of sexual assault affected by
Hurricane Katrina as determined by the assessment of
statewide coalitions.
(C) $6,000,000 to be allocated, in consultation with the
Department of Health and Human Services, to nonprofit,
nongovernmental statewide domestic violence coalitions
serving domestic violence programs within the State to be
used to assist victims of domestic violence affected by
Hurricane Katrina as determined by the assessment of the
statewide coalitions, and that the statewide coalitions can
assess those needs.
______

SA 1662. Mr. SARBANES proposed an amendment to the bill H.R. 2862,
making appropriations for Science, the Departments of State, Justice,
and Commerce, and related agencies for the fiscal year ending September
30, 2006, and for other purposes; as follows:

On page 190, after line 14, insert the following:

SECTION 522. HURRICANE KATRINA EMERGENCY ASSISTANCE VOUCHERS.

(a) Short Title.--This section may be cited as the
``Helping to House the Victims of Hurricane Katrina Act of
2005''.
(b) Hurricane Katrina Emergency Assistance Vouchers.--
Section 8(o) of the United States Housing Act of 1937 (42
U.S.C. 1437f(o)) is amended by adding at the end the
following:
``(20) Hurricane katrina emergency assistance vouchers.--
``(A) In general.--During the 6-month period beginning on
the date of enactment of the Helping to House the Victims of
Hurricane Katrina Act of 2005, the Secretary shall provide
temporary rental assistance to any individual or family, if--
``(i) the individual or family resides, or resided on
August 29, 2005, in any area that is subject to a declaration
by the President of a major disaster or emergency under the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.) in connection with Hurricane
Katrina; and
``(ii) the residence of the individual or family became
uninhabitable or inaccessible as result of that major
disaster or emergency.
``(B) Regulations.--Not later than 30 days after the date
of enactment of the Helping to House the Victims of Hurricane
Katrina Act of 2005, the Secretary shall issue final rules to
establish the procedures applicable to the issuance of
assistance under subparagraph (A).
``(C) Notice.--The Secretary, in consultation with the
Director of the Federal Emergency Management Agency and such
other agencies as the Secretary determines appropriate, shall
establish procedures for providing notice of the availability
of assistance under this paragraph to individuals or families
that may be eligible for such assistance.
``(D) Authority to contract with pha's and others.--The
Secretary may contract with any State or local government
agency or public housing agency, or in consultation with any
State or local government agency, with any other entity, to
ensure that assistance payments under this paragraph are
provided in an efficient and expeditious manner.
``(E) Waiver of eligibility requirements.--In providing
assistance under this paragraph, the Secretary shall waive
the requirements under--
``(i) paragraph (2), relating to tenant contributions
towards rent, except that any such waiver shall expire on an
individual's return to work;
``(ii) paragraph (4), relating to the eligibility of
individuals to receive assistance;
``(iii) subsection (k) and paragraph (5) of this
subsection, relating to verification of income;
``(iv) paragraph (7)(A), relating to the requirement that
leases shall be for a term of 1 year;
``(v) paragraph (8), relating to initial inspection of
housing units by a public housing agency; and
``(vi) subsection (r)(1)(B), relating to restrictions on
portability.
``(F) Use of funds.--Notwithstanding any other provision of
law, funds available for assistance under this paragraph--
``(i) shall be made available by the Secretary to
individuals to cover the cost of--

``(I) rent;
``(II) security and utility deposits;
``(III) relocation expenses, including expenses incurred in
relocating back to the major disaster area when such
relocation is permitted; and
``(IV) such additional expenses as the Secretary determines
necessary; and

``(ii) shall be used by the Secretary--

``(I) for payments to public housing agencies, State or
local government agencies, or other voucher administrators
for vouchers used to assist individuals or families affected
by the major disaster or emergency described in this
paragraph up to their authorized level of vouchers, if any
such vouchers are not otherwise funded; and
``(II) to provide operating subsidies to public housing
agencies for public housing units provided to individuals or
families affected by the major disaster or emergency
described in this paragraph, if such a subsidy was not
previously provided for those units.

``(G) Payment standard.--For purposes of this paragraph,
the payment standard for each size of dwelling unit in a
market area may not exceed 150 percent, or higher if the
Secretary approves of such increase, of the fair market
rental established under subsection (c) for the same size
dwelling unit in the same market area, and shall be not less
than 90 percent of that fair market rental.
``(H) Nondiscrimination.--In selecting individuals or
families for tenancy, a landlord or owner may not exclude or
penalize an individual or family solely because any portion
of the rental payment of that individual or family is
provided under this paragraph.
``(I) Termination of assistance.--Assistance provided under
this paragraph shall--
``(i) terminate 6 months after the date on which such
assistance was received; and
``(ii) extend for an additional 6 months unless at that
time the Secretary makes a determination that assistance
under this paragraph is no longer needed.
``(21) Assistance for current voucher recipients affected
by hurricane katrina.--
``(A) In general.--The Secretary shall waive any of the
requirements described in clauses (i) through (vi) of
paragraph (20)(E) for any individual or family receiving
assistance under this section on August 29, 2005, if--
``(i) the individual or family resides, or resided on
August 29, 2005, in any area that is subject to a declaration
by the President of a major disaster or emergency under the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.) in connection with Hurricane
Katrina; and
``(ii) the residence of the individual or family became
uninhabitable or inaccessible as result of that major
disaster or emergency.
``(B) Additional uses of funds.--Notwithstanding any other
provision of law, the Secretary shall provide, as the
Secretary determines appropriate, supplemental assistance to
an individual or family receiving assistance under this
section on August 29, 2005, and meeting the requirements
described in subparagraph (A), to assist the individual or
family with the additional costs of relocating to new
housing, including to cover--
``(i) the additional cost of rent and utilities;
``(ii) security and utility deposits;
``(iii) relocation expenses, including expenses incurred in
relocating back to the major disaster area when such
relocation is permitted; and
``(iv) such additional expenses as the Secretary determines
necessary.
``(C) Payment standard.--For purposes of this paragraph,
the payment standard for each size of dwelling unit in a
market area may not exceed 150 percent, or higher if the
Secretary approves of such increase, of the fair market
rental established under subsection (c) for the same size
dwelling unit in the same market area, and shall be not less
than 90 percent of that fair market rental.
``(D) Nondiscrimination.--A landlord or owner may not
exclude or penalize an individual or family solely because
that individual or family is eligible for any waivers or
benefits provided under this paragraph.
``(E) Termination of authority.--The authority of the
Secretary to provide assistance under this paragraph shall--
``(i) apply during the 6-month period beginning on the date
of enactment of the Helping to House the Victims of Hurricane
Katrina Act of 2005; and
``(ii) extend for an additional 6 months after that period,
unless if at that time the Secretary makes a determination
that assistance under this paragraph is no longer needed.
``(22) Authority of the secretary to directly administer
vouchers when pha's are unable to do so.--If the Secretary
determines that a public housing agency is unable to
implement the provisions of this subsection due to the
effects of Hurricane Katrina, the Secretary may--
``(A) directly administer any voucher program described in
paragraphs (1) through (20); and
``(B) perform the functions assigned to a public housing
agency by this subsection.''.
(c) Report on Inventory of Availability of Temporary
Housing.--Not later than 10 days after the date of enactment
of this Act, the Secretary of Defense, the Administrator of
the General Services Administration, the Secretary of
Agriculture, and such other agency heads as the Secretary
determines appropriate, shall compile and report to the
Secretary an inventory of Federal civilian and defense
facilities that can be used--
(1) to provide emergency housing; or
(2) as locations for the construction or deployment of
temporary housing units.
(d) Appropriation of Funding.--
(1) In general.--There are authorized to be appropriated
and are appropriated $3,500,000,000 to provide assistance
under this Act.
(2) Emergency designation.--The amount appropriated under
paragraph (1) is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress).
______

SA 1663. Mr. LOTT submitted an amendment intended to be proposed by
him to the bill H.R. 2862, making appropriations for Science, the
Departments of State, Justice, and Commerce, and related agencies for
the fiscal year ending September 30, 2006, and for other purposes;
which was ordered to lie on the table; as follows:

[[Page S9858]]

On page 170, between lines 9 and 10, insert the following:
Sec. 304. Of the amounts made available in this title under
the heading ``National Oceanic and Atmospheric
Administration'' and under the subheading ``operations,
research, and facilities'' for the National Marine Fisheries
Service--
(1) not more than $104,107,000 may be expended for
headquarters programs, including corporate management and
leadership and Silver Spring programs;
(2) $5,000,000 shall be for Southeastern shrimp product
quality and marketing;
(3) $3,000,000 shall be for Gulf of Mexico oyster
restoration;
(4) $3,000,000 shall be for Alaska near shore fisheries;
(5) $3,000,000 shall be for Pacific Coastal Fisheries
Information Network catch effort data;
(6) $2,000,000 shall be for recreational fishing catch and
release mortality research;
(7) $1,000,000 shall be for the Hawaii stock enhancement
program;
(8) $1,000,000 shall be for bluefish and striped bass
research and management;
(9) $1,000,000 shall be for Great Lakes restoration
programs; and
(10) $1,000,000 shall be for New England stock depletion
programs.
______

SA 1664. Mr. LOTT submitted an amendment intended to be proposed by
him to the bill H.R. 2862, making appropriations for Science, the
Departments of State, Justice, and Commerce, and related agencies for
the fiscal year ending September 30, 2006, and for other purposes;
which was ordered to lie on the table; as follows:

On page 170, between lines 9 and 10, insert the following:
Sec. 304. Of the amounts made available in this title under
the heading ``National Oceanic and Atmospheric
Administration'' and under the subheading ``operations,
research, and facilities'' for the National Marine Fisheries
Service--
(1) not more than $116,107,000 may be expended for
headquarters programs, including corporate management and
leadership and Silver Spring programs;
(2) $5,000,000 shall be for Southeastern shrimp product
quality and marketing; and
(3) $3,000,000 shall be for Gulf of Mexico oyster
restoration.
______

SA 1665. Mr. DORGAN (for himself, Mr. Graham, and Ms. Stabenow)
proposed an amendment to the bill H.R. 2862, making appropriations for
Science, the Departments of State, Justice, and Commerce, and related
agencies for the fiscal year ending September 30, 2006, and for other
purposes; as follows:

On page 190, between lines 14 and 15, insert the following:
Sec. 522. None of the funds appropriated or otherwise made
available by this Act may be used to negotiate or enter into
a trade agreement that modifies or amends any law of the
United States that provides safeguards from unfair foreign
trade practices to United States businesses or workers,
including (1) imposition of countervailing and antidumping
duties (title VII of the Tariff Act of 1930; 19 U.S.C. 1671
et seq.); (2) protection from unfair methods of competition
and unfair acts in the importation of articles (section 337
of the Tariff Act of 1930; 19 U.S.C. 1337); (3) relief from
injury caused by import competition (title II of the Trade
Act of 1974; 19 U.S.C. 2251 et seq.); (4) relief from unfair
trade practices (title III of the Trade Act of 1974; 19
U.S.C. 2411 et seq.); or (5) national security import
restrictions (section 232 of the Trade Expansion Act of 1962;
19 U.S.C. 1862).
______

SA 1666. Mr. NELSON of Florida submitted an amendment intended to be
proposed by him to the bill H.R. 2862, making appropriations for
Science, the Departments of State, Justice, and Commerce, and related
agencies for the fiscal year ending September 30, 2006, and for other
purposes; which was ordered to lie on the table; as follows:

On page 170, between lines 9 and 10, insert the following:
Sec. 304. The Administrator of the National Oceanic and
Atmospheric Administration shall--
(1) make available the data and information services of
such Administration, including forecasts and warnings of the
National Weather Service, in a timely, open, and unrestricted
manner using widely accepted information standards, including
the Internet; and
(2) cooperate closely with public safety agencies and other
entities, including private sector entities and the media, to
achieve the widest possible understanding of information
critical to the protection of life and property and the
enhancement of the economy of the United States.
______

SA 1667. Ms. CANTWELL submitted an amendment intended to be proposed
by her to the bill H.R. 2862, making appropriations for Science, the
Departments of State, Justice, and Commerce, and related agencies for
the fiscal year ending September 30, 2006, and for other purposes;
which was ordered to lie on the table; as follows:

On page 135, line 25, strike ``$515,087,000'' and insert
``$534,987,000, of which $19,900,000 shall be offset by
reducing appropriations in this title for other expenses by a
total of $19,900,000,''.

On page 136, between lines 13 and 14, in the item relating
to Methamphetamine Hot Spots, strike ``$60,100,000'' and
insert ``$80,000,000''.
______

SA 1668. Mr. BINGAMAN submitted an amendment intended to be proposed
by him to the bill H.R. 2862, making appropriations for Science, the
Departments of State, Justice, and Commerce, and related agencies for
the fiscal year ending September 30, 2006, and for other purposes; as
follows:

On page 137, line 3, strike ``$350,000,000'' and insert
``$352,000,000 of which $2,000,000 shall be for grants for
methamphetamine prevention education programs in elementary
and secondary schools to be offset by a reduction of
$2,000,000 in the Drug Enforcement Agency salaries and
expenses in this Act''.
______

SA 1669. Mr. SUNUNU proposed an amendment to the bill H.R. 2862,
making appropriations for Science, the Departments of State, Justice,
and Commerce, and related agencies for the fiscal year ending September
30, 2006, and for other purposes; which was ordered to lie on the
table; as follows:

On page 131, line 14, strike ``$15,000,000'' and insert
``$30,000,000''.
On page 134, between lines 4 and 5, strike ``$170,000,000''
and insert ``$230,582,000''.
On page 134, between lines 4 and 5, strike ``$30,000,000''
and insert ``$48,418,000''.
On page 156, strike lines 3 through 7 and insert the
following:
In addition, for necessary expenses for existing grant
projects of the Advanced Technology Program of the National
Institute of Standards and Technology, $46,000,000, to remain
available until expended.
______

SA 1670. Mr. DORGAN submitted an amendment intended to be proposed by
him to the bill H.R. 2862, making appropriations for Science, the
Departments of State, Justice, and Commerce, and related agencies for
the fiscal year ending September 30, 2006, and for other purposes;
which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

TITLE __--SPECIAL COMMITTEE OF SENATE ON WAR AND RECONSTRUCTION
CONTRACTING

SEC. __01. FINDINGS.

Congress makes the following findings:
(1) The wars in Iraq and Afghanistan have exerted very
large demands on the Treasury of the United States and
required tremendous sacrifice by the members of the Armed
Forces of the United States.
(2) Congress has a constitutional responsibility to ensure
comprehensive oversight of the expenditure of United States
Government funds.
(3) Waste and corporate abuse of United States Government
resources are particularly unacceptable and reprehensible
during times of war.
(4) The magnitude of the funds involved in the
reconstruction of Afghanistan and Iraq and the war on
terrorism, together with the speed with which these funds
have been committed, presents a challenge to the effective
performance of the traditional oversight function of Congress
and the auditing functions of the executive branch.
(5) The Senate Special Committee to Investigate the
National Defense Program, popularly know as the Truman
Committee, which was established during World War II, offers
a constructive precedent for bipartisan oversight of wartime
contracting that can also be extended to wartime and postwar
reconstruction activities.
(6) The Truman Committee is credited with an extremely
successful investigative effort, performance of a significant
public education role, and achievement of fiscal savings
measured in the billions of dollars.
(7) The public has a right to expect that taxpayer
resources will be carefully disbursed and honestly spent.

SEC. __02. SPECIAL COMMITTEE ON WAR AND RECONSTRUCTION
CONTRACTING.

There is established a special committee of the Senate to
be known as the Special Committee on War and Reconstruction
Contracting (hereafter in this title referred to as the
``Special Committee'').

SEC. __03. PURPOSE AND DUTIES.

(a) Purpose.--The purpose of the Special Committee is to
investigate the awarding and performance of contracts to
conduct military, security, and reconstruction activities in
Afghanistan and Iraq and to support the prosecution of the
war on terrorism.
(b) Duties.--The Special Committee shall examine the
contracting actions described in subsection (a) and report on
such actions, in accordance with this section, regarding--
(1) bidding, contracting, accounting, and auditing
standards for Federal Government contracts;
(2) methods of contracting, including sole-source contracts
and limited competition or noncompetitive contracts;

[[Page S9859]]

(3) subcontracting under large, comprehensive contracts;
(4) oversight procedures;
(5) consequences of cost-plus and fixed price contracting;
(6) allegations of wasteful and fraudulent practices;
(7) accountability of contractors and Government officials
involved in procurement and contracting;
(8) penalties for violations of law and abuses in the
awarding and performance of Government contracts; and
(9) lessons learned from the contracting process used in
Iraq and Afghanistan and in connection with the war on
terrorism with respect to the structure, coordination,
management policies, and procedures of the Federal
Government.
(c) Investigation of Wasteful and Fraudulent Practices.--
The investigation by the Special Committee of allegations of
wasteful and fraudulent practices under subsection (b)(6)
shall include investigation of allegations regarding any
contract or spending entered into, supervised by, or
otherwise involving the Coalition Provisional Authority,
regardless of whether or not such contract or spending
involved appropriated funds of the United States.
(d) Evidence Considered.--In carrying out its duties, the
Special Committee shall ascertain and evaluate the evidence
developed by all relevant governmental agencies regarding the
facts and circumstances relevant to contracts described in
subsection (a) and any contract or spending covered by
subsection (c).

SEC. __04. COMPOSITION OF SPECIAL COMMITTEE.

(a) Membership.--
(1) In general.--The Special Committee shall consist of 7
members of the Senate of whom--
(A) 4 members shall be appointed by the President pro
tempore of the Senate, in consultation with the majority
leader of the Senate; and
(B) 3 members shall be appointed by the minority leader of
the Senate.
(2) Date.--The appointments of the members of the Special
Committee shall be made not later than 90 days after the date
of the enactment of this Act.
(b) Vacancies.--Any vacancy in the Special Committee shall
not affect its powers, but shall be filled in the same manner
as the original appointment.
(c) Service.--Service of a Senator as a member, chairman,
or ranking member of the Special Committee shall not be taken
into account for the purposes of paragraph (4) of rule XXV of
the Standing Rules of the Senate.
(d) Chairman and Ranking Member.--The chairman of the
Special Committee shall be designated by the majority leader
of the Senate, and the ranking member of the Special
Committee shall be designated by the minority leader of the
Senate.
(e) Quorum.--
(1) Reports and recommendations.--A majority of the members
of the Special Committee shall constitute a quorum for the
purpose of reporting a matter or recommendation to the
Senate.
(2) Testimony.--One member of the Special Committee shall
constitute a quorum for the purpose of taking testimony.
(3) Other business.--A majority of the members of the
Special Committee, or \1/3\ of the members of the Special
Committee if at least one member of the minority party is
present, shall constitute a quorum for the purpose of
conducting any other business of the Special Committee.

SEC. __05. RULES AND PROCEDURES.

(a) Governance Under Standing Rules of Senate.--Except as
otherwise specifically provided in this resolution, the
investigation, study, and hearings conducted by the Special
Committee shall be governed by the Standing Rules of the
Senate.
(b) Additional Rules and Procedures.--The Special Committee
may adopt additional rules or procedures if the chairman and
ranking member agree that such additional rules or procedures
are necessary to enable the Special Committee to conduct the
investigation, study, and hearings authorized by this
resolution. Any such additional rules and procedures--
(1) shall not be inconsistent with this resolution or the
Standing Rules of the Senate; and
(2) shall become effective upon publication in the
Congressional Record.

SEC. __06. AUTHORITY OF SPECIAL COMMITTEE.

(a) In General.--The Special Committee may exercise all of
the powers and responsibilities of a committee under rule
XXVI of the Standing Rules of the Senate.
(b) Hearings.--The Special Committee or, at its direction,
any subcommittee or member of the Special Committee, may, for
the purpose of carrying out this resolution--
(1) hold such hearings, sit and act at such times and
places, take such testimony, receive such evidence, and
administer such oaths as the Special Committee or such
subcommittee or member considers advisable; and
(2) require, by subpoena or otherwise, the attendance and
testimony of such witnesses and the production of such books,
records, correspondence, memoranda, papers, documents, tapes,
and materials as the Special Committee considers advisable.
(c) Issuance and Enforcement of Subpoenas.--
(1) Issuance.--Subpoenas issued under subsection (b) shall
bear the signature of the Chairman of the Special Committee
and shall be served by any person or class of persons
designated by the Chairman for that purpose.
(2) Enforcement.--In the case of contumacy or failure to
obey a subpoena issued under subsection (a), the United
States district court for the judicial district in which the
subpoenaed person resides, is served, or may be found may
issue an order requiring such person to appear at any
designated place to testify or to produce documentary or
other evidence. Any failure to obey the order of the court
may be punished by the court as a contempt of that court.
(d) Meetings.--The Special Committee may sit and act at any
time or place during sessions, recesses, and adjournment
periods of the Senate.

SEC. __07. REPORTS.

(a) Initial Report.--The Special Committee shall submit to
the Senate a report on the investigation conducted pursuant
to section __03 not later than 270 days after the appointment
of the Special Committee members.
(b) Updated Report.--The Special Committee shall submit an
updated report on such investigation not later than 180 days
after the submission of the report under subsection (a).
(c) Additional Reports.--The Special Committee may submit
any additional report or reports that the Special Committee
considers appropriate.
(d) Findings and Recommendations.--The reports under this
section shall include findings and recommendations of the
Special Committee regarding the matters considered under
section __03.
(e) Disposition of Reports.--Any report made by the Special
Committee when the Senate is not in session shall be
submitted to the Clerk of the Senate. Any report made by the
Special Committee shall be referred to the committee or
committees that have jurisdiction over the subject matter of
the report.

SEC. __08. ADMINISTRATIVE PROVISIONS.

(a) Staff.--
(1) In general.--The Special Committee may employ in
accordance with paragraph (2) a staff composed of such
clerical, investigatory, legal, technical, and other
personnel as the Special Committee, or the chairman or the
ranking member, considers necessary or appropriate.
(2) Appointment of staff.--
(A) In general.--The Special Committee shall appoint a
staff for the majority, a staff for the minority, and a
nondesignated staff.
(B) Majority staff.--The majority staff shall be appointed,
and may be removed, by the chairman and shall work under the
general supervision and direction of the chairman.
(C) Minority staff.--The minority staff shall be appointed,
and may be removed, by the ranking member of the Special
Committee, and shall work under the general supervision and
direction of such member.
(D) Nondesignated staff.--Nondesignated staff shall be
appointed, and may be removed, jointly by the chairman and
the ranking member, and shall work under the joint general
supervision and direction of the chairman and ranking member.
(b) Compensation.--
(1) Majority staff.--The chairman shall fix the
compensation of all personnel of the majority staff of the
Special Committee.
(2) Minority staff.--The ranking member shall fix the
compensation of all personnel of the minority staff of the
Special Committee.
(3) Nondesignated staff.--The chairman and ranking member
shall jointly fix the compensation of all nondesignated staff
of the Special Committee, within the budget approved for such
purposes for the Special Committee.
(c) Reimbursement of Expenses.--The Special Committee may
reimburse the members of its staff for travel, subsistence,
and other necessary expenses incurred by such staff members
in the performance of their functions for the Special
Committee.
(d) Payment of Expenses.--There shall be paid out of the
applicable accounts of the Senate such sums as may be
necessary for the expenses of the Special Committee. Such
payments shall be made on vouchers signed by the chairman of
the Special Committee and approved in the manner directed by
the Committee on Rules and Administration of the Senate.
Amounts made available under this subsection shall be
expended in accordance with regulations prescribed by the
Committee on Rules and Administration of the Senate.

SEC. __09. TERMINATION.

The Special Committee shall terminate on February 28, 2007.

SEC. __10. SENSE OF SENATE ON CERTAIN CLAIMS REGARDING THE
COALITION PROVISIONAL AUTHORITY.

It is the sense of the Senate that any claim of fraud,
waste, or abuse under the False Claims Act that involves any
contract or spending by the Coalition Provisional Authority
should be considered a claim against the United States
Government.
______

SA 1671. Mr. DeWINE (for himself, Mr. Voinovich, Mr. Allen, Mr.
Warner, and Mrs. Murray) submitted an amendment intended to be proposed
by him to the bill H.R. 2862, making appropriations for Science, the
Departments of State, Justice, and Commerce, and related agencies for
the fiscal year ending September 30, 2006, and

[[Page S9860]]

for other purposes; which was ordered to lie on the table; as follows:

On page 170, between lines 9 and 10, insert the following:
Sec. 304. Of the amounts appropriated or otherwise made
available by this title under the heading ``National
Aeronautics and Space Administration'', $906,200,000 shall be
available for aeronautics research and development programs
of the National Aeronautics and Space Administration.

____________________