S.Amdt. 2415Senate109th Congress (2005-2007)
S.Amdt. 2415
Sponsored by 
Sen. Richard J. Durbin (D-IL)
Sen. Richard J. Durbin (D-IL)Submitted November 3, 2005
Text
Submitted
This amendment's own text couldn't be picked out of its Congressional Record passage, so the passage is shown in full.
TEXT OF AMENDMENTS
SA 2402. Ms. SNOWE (for herself, Ms. Collins, Mr. Rockefeller, and
Mr. Durbin) submitted an amendment intended to be proposed by her to
the bill S. 1932, to provide for reconciliation pursuant to section
202(a) of the concurrent resolution on the budget for fiscal year 2006
(H. Con. Res. 95); which was ordered to lie on the table; as follows:
On page 368, between lines 5 and 6, insert the following:
SEC. 6116. CLARIFICATION OF CONGRESSIONAL INTENT REGARDING
THE COUNTING OF RESIDENTS IN A NONHOSPITAL
SETTING.
(a) D-GME.--Section 1886(h)(4)(E) (42 U.S.C.
1395ww(h)(4)(E)) is amended by adding at the end the
following new sentences: ``For purposes of the preceding
sentence, the term `all, or substantially all, of the costs
for the training program' means the stipends and benefits
provided to the resident and other amounts, if any, as
determined by the hospital and the entity operating the
nonhospital setting. The hospital is not required to pay the
entity any amounts other than those determined by the
hospital and the entity in order for the hospital to be
considered to have incurred all, or substantially all, of the
costs for the training program in that setting.''.
(b) IME.--Section 1886(d)(5)(B)(iv) (42 U.S.C.
1395ww(d)(5)(B)(iv)) is amended by adding at the end the
following new sentences: ``For purposes of the preceding
sentence, the term `all, or substantially all, of the costs
for the training program' means the stipends and benefits
provided to the resident and other amounts, if any, as
determined by the hospital and the entity operating the
nonhospital setting. The hospital is not required to pay the
entity any amounts other than those determined by the
hospital and the entity in order for the hospital to be
considered to have incurred all, or substantially all, of the
costs for the training program in that setting.''.
(c) Effective Date.--The amendments made by this section
shall take effect on January 1, 2005.
______
SA 2403. Mr. COBURN submitted an amendment intended to be proposed by
him to the bill S. 1932, to provide for reconciliation pursuant to
section 202(a) of the concurrent resolution on the budget for fiscal
year 2006 (H. Con. Res. 95); which was ordered to lie on the table; as
follows:
On page 130, after line 25, insert the following:
[[Page S12360]]
SEC. 6005. IMPROVED REGULATION OF DRUGS SOLD UNDER A NEW DRUG
APPLICATION APPROVED UNDER SECTION 505C OF THE
FEDERAL FOOD, DRUG, AND COSMETIC ACT.
Section 1927 (42 U.S.C. 1396r-8) is amended--
(1) in subsection (c)(1)(C), by adding at the end the
following:
``(iv) Notwithstanding any other provision of this section,
in the case of a manufacturer that approves, allows, or
otherwise permits any other drug of the manufacturer to be
sold under a new drug application approved under section
505(c) of the Federal Food, Drug, and Cosmetic Act that has,
as of January 1, 2006, been marketed for at least 6 months
and where the product of the average manufacturer price of
the manufacturer's authorized drugs and the total units of
such authorized drugs, if any, during the second quarter of
2005 for which a rebate was paid under any State plan
approved under this title (and which was reported as required
under subsection (b)(2)(A)), does not exceed $10,000,000, the
term `best price' shall not include any price for such
authorized drug available for the innovator multiple source
drug of such manufacturer.''; and
(2) in subsection (k)(1)(C), as amended by section
6003(b)(2)(A), by adding at the end the following:
``(G) Notwithstanding subparagraph (C) or any other
provision of this section, in the case of a manufacturer that
approves, allows, or otherwise permits any other drug of the
manufacturer to be sold under a new drug application approved
under section 505(c) of the Federal Food, Drug, and Cosmetic
Act that has, as of January 1, 2006, been marketed for at
least 6 months and where the product of the average
manufacturer price of the manufacturer's authorized drugs and
the total units of such authorized drugs, if any, during the
second quarter of 2005 for which a rebate was paid under any
State plan approved under this title (and which was reported
as required under subsection (b)(2)(A)), does not exceed
$10,000,000, the term `average manufacturer price' shall not
include any price paid for such authorized drug by
wholesalers for drugs distributed to the retail pharmacy
class of trade for the innovator multiple source drugs of
such manufacturer.''.
______
SA 2404. Mr. ENSIGN (for himself, Mr. Santorum, and Mr. Kyl) proposed
an amendment to amendment SA 2352 proposed by Mr. Enzi (for himself,
Mr. Kennedy, Mr. Alexander, Mr. Dodd, Ms. Landrieu, Mr. Cochran, Mr.
Lott, and Mrs. Hutchison) to the bill S. 1932, to provide for
reconciliation pursuant to section 202(a) of the concurrent resolution
on the budget for fiscal year 2006 (H. Con. Res. 95); as follows:
Strike all after the first word of the amendment and insert
the following:
D--Hurricane Katrina Education Relief
SEC. 7951. SHORT TITLE.
This subtitle may be cited as the ``Hurricane Katrina
Education Relief Act''.
SEC. 7952. FINDINGS.
Congress finds the following:
(1) Hurricane Katrina has had a devastating and
unprecedented impact on students who attended schools in the
disaster areas.
(2) Due to the devastating effects of Hurricane Katrina, a
significant number of students have enrolled in schools
outside of the area in which they resided on August 22, 2005,
including a significant number of students who enrolled in
nonpublic schools because their parents chose to enroll them
in such schools.
(3) 372,000 students were displaced by Hurricane Katrina.
Approximately 700 schools have been damaged or destroyed.
Nine States each have more than 1,000 of such displaced
students enrolled in their schools. In Texas alone, over
45,000 displaced students have enrolled in schools.
(4) In response to these extraordinary conditions, this
subtitle creates a one-time only emergency grant for the
2005-2006 school year tailored to the needs and particular
circumstances of students displaced by Hurricane Katrina.
SEC. 7953. WAIVERS AND OTHER ACTIONS.
(a) In General.--If the Secretary of Education determines
that it is necessary, in order to provide assistance as
efficiently and expeditiously as possible to students, local
educational agencies, institutions of higher education,
States, or other individuals or entities affected directly or
indirectly by Hurricane Katrina, the Secretary may waive or
modify, on a case-by-case basis, any requirement of Federal
law or regulation that the Secretary administers or enforces
(other than a law or regulation of Government-wide
applicability or regarding civil rights or safety). The
waivers or modifications that the Secretary of Education may
issue include extending program reporting deadlines or
allowing States, local educational agencies, and institutions
of higher education to use funds more broadly to help
displaced students.
(b) Effective Period.--No waiver or modification issued
pursuant to subsection (a) shall be in effect after September
30, 2006.
(c) Report on Waivers.--
(1) Initial report.--Not later than 1 month after the date
of enactment of this Act, the Secretary of Education shall
prepare and submit a report on the States and local
educational agencies requesting a waiver of any provision
under the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6301 et seq.) and the Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.) due to the impact of
Hurricane Katrina to the Committee on Education and the
Workforce and the Committee on Appropriations of the House of
Representatives and the Committee on Health, Education,
Labor, and Pensions and the Committee on Appropriations of
the Senate.
(2) Follow-up report.--Not later than 3 months after
September 30, 2006, the Secretary of Education shall prepare
and submit a report describing the waivers that were granted
under this subtitle, and the impact of such waivers, to the
Committee on Education and the Workforce and the Committee on
Appropriations of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions and the
Committee on Appropriations of the Senate.
SEC. 7954. IMMEDIATE AID TO RESTART SCHOOL OPERATIONS.
(a) Purpose.--It is the purpose of this section--
(1) to provide immediate and direct assistance to
institutions of higher education and local educational
agencies in Louisiana, Mississippi, and Alabama that serve an
area in which a major disaster has been declared in
accordance with section 401 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170), related to Hurricane Katrina;
(2) to assist administrators and personnel of such
institutions and agencies who are working to restart
operations;
(3) to facilitate the reopening of, and the re-enrollment
of students in, institutions of higher education and
elementary schools and secondary schools served by local
educational agencies; and
(4) to assist institutions of higher education, elementary
schools, and secondary schools in restoring operations
disrupted by Hurricane Katrina.
(b) Grants Authorized.--From amounts appropriated to carry
out this section, the Secretary of Education is authorized to
make competitive grants--
(1) to institutions of higher education (as defined in
section 101 of the Higher Education Act of 1965 (20 U.S.C.
1001)), in Louisiana, Mississippi, and Alabama, that serve an
area in which a major disaster has been declared in
accordance with section 401 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170), related to Hurricane Katrina; and
(2) to State educational agencies (as defined in section
9101 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801 et seq.)) in Louisiana, Mississippi, and
Alabama to enable those agencies to award subgrants, pursuant
to subsection (d), to local educational agencies serving an
area in which a major disaster has been declared in
accordance with section 401 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170), related to Hurricane Katrina.
(c) Amount of Grants.--In determining the amount of a grant
under this section, the Secretary of Education shall take
into consideration--
(1) the number of schools and institutions of higher
education in the State affected by Hurricane Katrina;
(2) the number of students in the State affected by
Hurricane Katrina;
(3) the severity of the damage inflicted upon the affected
schools and affected institutions; and
(4) the estimated length of time to restore operations at
the affected schools and affected institutions.
(d) Subgrants.--
(1) Applications.--Each local educational agency desiring a
subgrant under this section shall submit an application to
the State educational agency at such time, in such manner,
and accompanied by such information as the State educational
agency may reasonably require to ensure expedited and timely
payment to the local educational agency.
(2) Eligibility and consideration.--In determining whether
to award a subgrant under this section, or the amount of the
subgrant, the State educational agency shall consider the
following:
(A) The number of school-aged children served by the local
educational agency in the academic year preceding the
academic year for which the grant is awarded.
(B) The severity of the impact of Hurricane Katrina on the
local educational agency and the extent of the needs in each
local educational agency in the State that is in an area in
which a major disaster has been declared in accordance with
section 401 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170), related to
Hurricane Katrina.
(e) Uses of Funds.--
(1) In general.--An institution of higher education
receiving a grant, or a local educational agency receiving a
subgrant, under this section shall use the subgrant funds
for--
(A) recovery of student and personnel data, and other
electronic information;
(B) replacement of information systems, including hardware
and software;
(C) financial operations;
(D) reasonable transportation costs for students;
(E) rental of mobile educational units and leasing of
neutral sites or spaces;
(F) initial replacement of instructional materials and
equipment, including textbooks;
[[Page S12361]]
(G) redeveloping instructional plans, including curriculum
development;
(H) initiating and maintaining education and support
services; or
(I) such other activities related to the purpose of this
section that are approved by the Secretary of Education.
(2) Use with other available funds.--An institution of
higher education receiving a grant, or a local educational
agency receiving a subgrant, under this section may use such
funds in coordination with other Federal, State, or local
funds available for the activities described in paragraph
(1).
(3) Prohibitions.--Grant funds or subgrant funds received
under this section shall not be used for either of the
following:
(A) Construction or major renovation of schools or
institutions of higher education.
(B) Payments to administrators, faculty, or teachers who
are not actively engaged in--
(i) restarting or re-opening schools or institutions of
higher education; or
(ii) restoring operations of schools or institutions of
higher education.
(f) Supplement Not Supplant.--
(1) In general.--Except as provided in paragraph (2), funds
made available under this section shall be used to
supplement, not supplant, any funds made available through
the Federal Emergency Management Agency or through a State.
(2) Exception.--Paragraph (1) shall not prohibit the
provision of Federal assistance under this section to an
eligible educational agency or institution of higher
education that is or may be entitled to receive, from another
source, benefits for the same purposes as under this section
if such agency or institution--
(A) has not received such other benefits by the time of
application for Federal assistance under this section; and
(B) agrees to repay all duplicative Federal assistance
received to carry out the purposes of this section.
(g) Authorization of Appropriations.--There is authorized
to be appropriated, and there is appropriated, out of any
money in the Treasury not otherwise appropriated,
$450,000,000 to carry out this section.
SEC. 7955. HOLD HARMLESS FOR AGENCIES SERVING MAJOR DISASTER
AREAS.
(a) Local Educational Agencies and Title I of ESEA Funds.--
In the case of a local educational agency that serves an area
in which the President has declared that a major disaster
exists in accordance with section 401 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170), related to Hurricane Katrina, the amount made
available for such local educational agency under each of
sections 1124, 1124A, 1125, and 1125A of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6333, 6334, 6335,
and 6337) for fiscal year 2006 shall be not less than the
amount made available for such local educational agency under
each of such sections for fiscal year 2005.
(b) State Educational Agencies and IDEA Funds.--In the case
of a State educational agency that serves an area in which
the President has declared that a major disaster exists in
accordance with section 401 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170), related to Hurricane Katrina, the amount made
available for such State educational agency under the
Individuals with Disabilities Education Act (20 U.S.C. 1400
et seq.) for fiscal year 2006 shall be not less than the
amount made available for such State educational agency under
such Act for fiscal year 2005.
SEC. 7956. TEACHER AND PARAPROFESSIONAL RECIPROCITY; DELAY.
(a) Teacher and Paraprofessional Reciprocity.--
(1) Teachers.--
(A) Affected teacher.--In this subsection, the term
``affected teacher'' means a teacher who is displaced due to
Hurricane Katrina and relocates to a State that is different
from the State in which such teacher resided on August 22,
2005.
(B) In general.--A local educational agency may consider an
affected teacher hired by that agency who is not highly
qualified in the State in which the agency is located to be
highly qualified, for purposes of section 1119 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6319) and section 612(a)(14) of the Individuals with
Disabilities Education Act (20 U.S.C. 1412(a)(14)), through
the last day of the 2005-2006 school year if such teacher was
highly qualified, consistent with section 9101(23) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801(23)) and section 602(10) of the Individuals with
Disabilities Education Act (20 U.S.C. 1401(10)), on or before
August 22, 2005, in the State in which such teacher resided
on August 22, 2005.
(2) Paraprofessionals.--
(A) Affected paraprofessional.--In this subsection, the
term ``affected paraprofessional'' means a paraprofessional
who is displaced due to Hurricane Katrina and relocates to a
State that is different from the State in which such
paraprofessional resided on August 22, 2005.
(B) In general.--A local educational agency may consider an
affected paraprofessional hired by such agency who does not
satisfy the requirements of section 1119(c) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6319(c)) in
the State in which such agency is located to satisfy such
requirements, for purposes of such section, through the last
day of the 2005-2006 school year if such paraprofessional
satisfied such requirements on or before August 22, 2005, in
the State in which such paraprofessional resided on August
22, 2005.
(b) Delay.--The Secretary of Education may delay, for a
period not to exceed 1 year, applicability of the
requirements of paragraphs (2) and (3) of section 1119(a) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6319(a)(2) and (3)) and section 612(a)(14)(C) of the
Individuals with Disabilities Education Act (20 U.S.C.
1412(a)(14)(C)) with respect to the States of Alabama,
Louisiana, and Mississippi (and local educational agencies
within the jurisdiction of such States), if any such State or
local educational agency demonstrates that a failure to
comply with such requirements is due to exceptional or
uncontrollable circumstances, such as a natural disaster or a
precipitous and unforeseen decline in the financial resources
of local educational agencies within the State.
SEC. 7957. ASSISTANCE FOR HOMELESS YOUTH.
(a) In General.--The Secretary of Education shall provide
assistance to local educational agencies serving homeless
children and youths displaced by Hurricane Katrina,
consistent with section 723 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11433), including identification,
enrollment assistance, assessment and school placement
assistance, transportation, coordination of school services,
supplies, referrals for health, mental health, and other
needs.
(b) Exception and Distribution of Funds.--
(1) Exception.--For purposes of providing assistance under
subsection (a), subsections (c), (d)(2), and (e)(1) of
section 722 and subsections (b) and (c) of section 723 of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11432(c),
(d)(2), and (e)(1), 11433(b) and (c)) shall not apply.
(2) Disbursement.--The Secretary of Education shall
disburse funds under subsection (a) to State educational
agencies based on demonstrated need, as determined by the
Secretary, and those State educational agencies shall
distribute funds available under subsection (c) to local
educational agencies based on demonstrated need, for the
purposes of carrying out section 723 of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11433).
(3) Authorization of appropriations.--There is authorized
to be appropriated, and there is appropriated, out of any
money in the Treasury not otherwise appropriated, to carry
out this section $10,000,000.
SEC. 7958. GENERAL PROVISION.
Nothing in sections 7951 through 7957 of this subtitle
shall be construed to permit discrimination on the basis of
race, color, religion, sex (except as otherwise permitted
under title IX of the Education Amendments of 1972 (20 U.S.C.
1681 et seq.)), national origin, or disability in any program
funded under sections 7951 through 7957 of this subtitle.
SEC. 7959. TEMPORARY EMERGENCY IMPACT AID FOR DISPLACED
STUDENTS.
(a) Temporary Emergency Impact Aid Authorized.--
(1) Aid to state educational agencies.--From amounts
appropriated under subsection (o), the Secretary of Education
shall provide emergency impact aid to State educational
agencies to enable the State educational agencies--
(A) to make emergency impact aid payments to eligible local
educational agencies and eligible BIA-funded schools to
enable those eligible local educational agencies and schools
to provide for the instruction of displaced students served
by the agencies and schools; and
(B) to make immediate impact aid payments to individual
accounts established on behalf of displaced students who are
attending eligible nonpublic schools located within the
State.
(2) Aid to local educational agencies and bia-funded
schools.--A State educational agency shall make emergency
impact aid payments to eligible local educational agencies
and eligible BIA-funded schools in accordance with subsection
(d).
(3) State educational agencies in certain states.--In the
case of the States of Louisiana and Mississippi, the State
educational agency shall carry out the activities of eligible
local educational agencies that are unable to carry out this
section, including eligible local educational agencies in
those States for which the State exercises the authorities
normally exercised by the local educational agencies.
(b) Definitions.--In this section:
(1) Child with a disability.--The term ``child with a
disability'' has the meaning given the term in section 602 of
the Individuals with Disabilities Education Act (20 U.S.C.
1401).
(2) Displaced student.--The term ``displaced student''
means a student who enrolls in a school (other than the
school that the student was enrolled in, or was eligible to
be enrolled in, on August 22, 2005), and who resided, on
August 22, 2005, in an area for which a major disaster has
been declared in accordance with section 401 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170), related to Hurricane Katrina.
(3) Eligible local educational agencies.--The term
``eligible local educational agency'' means a local
educational agency
[[Page S12362]]
that serves an elementary school or secondary school
(including a charter school) in which there is enrolled a
displaced student.
(4) Eligible nonpublic school.--The term ``eligible
nonpublic school'' means a nonpublic school that--
(A) operates in accordance with State law or is accredited
or licensed;
(B) was in existence on August 22, 2005; and
(C) serves a displaced student.
(5) Eligible bia-funded school.--In this section, the term
``eligible BIA-funded school'' means a school funded by the
Bureau of Indian Affairs in which there is enrolled a
displaced student.
(c) Application.--
(1) State educational agency.--A State educational agency
that desires to receive emergency impact aid under this
section shall submit an application to the Secretary of
Education at such time, in such manner, and accompanied by
such information as the Secretary of Education may reasonably
require, which shall include--
(A) information on the displaced student child count of the
State provided by eligible local educational agencies in the
State and eligible BIA-funded schools in the State under
paragraph (2);
(B) information on the child count of the State of
displaced students enrolled in eligible nonpublic schools;
(C) a description of how parents and guardians will be
notified of their options for enrolling their children in
public or nonpublic schools in the State;
(D) a description of the process by which parents and
guardians may apply for payment through individual accounts,
including the information such parents and guardians will be
required to provide such State educational agency;
(E) a description of the procedure to be used by such State
educational agency to provide payments to parents and
guardians through individual accounts;
(F) a description of the process to be used by such State
educational agency to obtain attestations of attendance of
displaced students from eligible nonpublic schools, in order
for such agency to provide payments to parents and guardians
through individual accounts; and
(G) a description of how such State educational agency will
prioritize funding for displaced students attending eligible
nonpublic schools, if necessary, including any criteria such
as household income.
(2) Local educational agencies and bia-funded schools.--An
eligible local educational agency or eligible BIA-funded
school that desires an emergency impact aid payment under
this section shall submit an application to the State
educational agency at such time, in such manner, and
accompanied by such information as the State educational
agency may reasonably require, including documentation
submitted for each quarter of the 2005-2006 school year that
indicates the following:
(A) In the case of an eligible local educational agency,
the number of displaced students enrolled in the elementary
schools and secondary schools (including charter schools),
including the number of displaced students who are identified
as children with disabilities and are served under part B of
the Individuals with Disabilities Education Act (20 U.S.C.
1411 et seq.), served by such agency.
(B) In the case of an eligible BIA-funded school, the
number of displaced students, including the number of
displaced students who are identified as children with
disabilities and are served under part B of the Individuals
with Disabilities Education Act (20 U.S.C. 1411 et seq.),
enrolled in such school.
(3) Determination of number of displaced students.--In
determining the number of displaced students for a quarter
under paragraph (2), an eligible local educational agency or
eligible BIA-funded school shall include in such number the
number of displaced students served during such quarter prior
to the date of enactment of this Act.
(d) Amount of Emergency Impact Aid.--
(1) Aid to state educational agencies.--
(A) In general.--The amount of emergency impact aid
received by a State educational agency for the 2005-2006
school year shall equal the sum of--
(i) the number of displaced students (who are not
identified as children with disabilities and are not served
under part B of the Individuals with Disabilities Education
Act (20 U.S.C. 1411 et seq.)), as determined by the eligible
local educational agencies and eligible BIA-funded schools in
the State under subsection (c)(2), and the number of such
displaced students enrolled in eligible nonpublic schools in
the State whose parents or guardians request payments
pursuant to this section, times $6,000; and
(ii) the number of displaced students who are identified as
children with disabilities and are served under part B of the
Individuals with Disabilities Education Act, as determined by
the eligible local educational agencies and eligible BIA-
funded schools in the State under subsection (c)(2), and the
number of such displaced students enrolled in eligible
nonpublic schools in the State whose parents or guardians
request payments pursuant to this section, times $7,500.
(B) Insufficient funds.--If the amount available under this
section to provide emergency impact aid under this subsection
is insufficient to pay the full amount that a State
educational agency is eligible to receive under this section,
the Secretary of Education shall ratably reduce the amount of
such emergency impact aid.
(2) Aid to eligible local educational agencies and eligible
bia-funded schools; payments to individual accounts.--
(A) In general.--A State educational agency that receives
emergency impact aid under this subtitle shall provide
payments under this section to eligible local educational
agencies and eligible BIA-funded schools (as provided under
subparagraph (B)), and to the individual accounts on behalf
of displaced students enrolled in eligible nonpublic schools
(as provided under subparagraph (C)) whose parents or
guardians have requested such funds in accordance with
subsection (e)(2), for the 2005-2006 school year by such
dates as determined by the Secretary of Education. The
Secretary of Education shall establish a timeline for
reporting on the number of displaced students for each
quarter in order to make the appropriate disbursements in a
timely manner.
(B) Payments to eligible local educational agencies and
eligible bia-funded schools.--
(i) In general.--Payments to eligible local educational
agencies and eligible BIA-funded schools shall be based on
the number of displaced students reported for each quarter
under subsection (c)(2) and in the amount determined under
clause (ii).
(ii) Payment amount.--Each payment under clause (i) shall
equal 25 percent of the sum of--
(I) the number of displaced students (who are not
identified as children with disabilities and are not served
under part B of the Individuals with Disabilities Education
Act (20 U.S.C. 1411 et seq.)) reported by the eligible local
educational agency or eligible BIA-funded school for each
quarter (as determined under subsection (c)(2)) times $6,000;
and
(II) the number of displaced students who are identified as
children with disabilities and are served under part B of the
Individuals with Disabilities Education Act (20 U.S.C. 1411
et seq.) reported by the eligible local educational agency or
eligible BIA-funded school for each quarter (as determined
under subsection (c)(2)) times $7,500.
(iii) Insufficient funds.--If the amount available under
this section to make payments under this subsection is
insufficient to pay the full amount that an eligible local
educational agency or eligible BIA-funded school is eligible
to receive for any quarter under this section, the State
educational agency shall ratably reduce the amount of the
payments.
(C) Payments to individual accounts.--
(i) In general.--A State educational agency shall make
payments to an individual account on behalf of a displaced
student for each quarter for which the displaced student is
enrolled in an eligible nonpublic school in the amount
determined under clause (ii).
(ii) Payment amount.--Each payment under clause (i) shall
equal 25 percent of the lesser of--
(I) $6,000; or
(II) the total amount of tuition, fees, and transportation
costs, if any, of the displaced student for the 2005-2006
school year.
(iii) Maximum amount.--In providing payments to an
individual account for the 2005-2006 school year on behalf of
a displaced student, a State educational agency may provide
not more than 4 quarterly payments to such account.
(e) Use of Funds.--
(1) Displaced students in public schools.--An eligible
local educational agency or eligible BIA-funded school
receiving emergency impact aid payments under this section
shall use the payments to provide instructional opportunities
for displaced students who enroll in elementary schools and
secondary schools (including charter schools) served by such
agency or in such a school, and for other expenses incurred
as a result of the agency or school serving displaced
students, which uses may include-
(A) paying the compensation of personnel, including teacher
aides, in schools enrolling displaced students;
(B) identifying and acquiring curricular material,
including the costs of providing additional classroom
supplies, and mobile educational units and leasing sites or
spaces;
(C) basic instructional services for such students,
including tutoring, mentoring, academic counseling,
supplemental educational services, or after-school programs;
(D) reasonable transportation costs for students;
(E) health services (including counseling); and
(F) alternative education services.
(2) Displaced students in nonpublic schools.--
(A) In general.--A State educational agency that receives
emergency impact aid under this section shall, at the request
of the parent or guardian of a displaced student who enrolls
in an eligible nonpublic school in the State, use such
emergency impact aid to provide payment on a quarterly basis,
in accordance with subsection (d)(2)(C), to an individual
account on behalf of such displaced student. Payment shall be
by individual check made payable to the displaced student's
parent or guardian and mailed by the State educational agency
to the eligible nonpublic school of the parent or guardian's
direction and the parent or guardian shall restrictively
endorse the check to such eligible nonpublic school.
[[Page S12363]]
(B) Use of funds.--An eligible nonpublic school that
receives a check pursuant to subparagraph (A) may use the
funds for--
(i) paying the compensation of personnel, including teacher
aides;
(ii) identifying and acquiring curricular material,
including the costs of providing additional classroom
supplies, and mobile educational units and leasing sites or
spaces;
(iii) basic instructional services for the displaced
students, including tutoring, mentoring, academic counseling,
or after-school programs;
(iv) reasonable transportation costs for the displaced
students;
(v) health services (including counseling);
(vi) education and support services; and
(vii) alternative education services.
(3) Provision of special education and related services.--
(A) In general.--In the case of a displaced student who is
identified as a child with a disability and is served under
part B of the Individuals with Disabilities Education Act (20
U.S.C. 1411 et seq.), any payment made on behalf of such
student to an eligible local educational agency or any
payment available in an account for such student, shall be
used to pay the cost of providing the student with special
education and related services consistent with the
Individuals with Disabilities Education Act (20 U.S.C. 1400
et seq.).
(B) Special rule.--Notwithstanding any other provision of
this section, a State educational agency may provide payment
to an eligible local educational agency that provides
services to a displaced student attending an eligible
nonpublic school under section 612(a)(10) of the Individuals
with Disabilities Education Act (20 U.S.C. 1412(a)(10)) in an
amount that is not more than $1,500 per displaced student
served.
(C) Special education; related services.--In this
paragraph, the terms ``special education'' and ``related
services'' have the meaning given such terms in section 602
of the Individuals with Disabilities Education Act (20 U.S.C.
1401).
(f) Return of Aid.--
(1) Eligible local educational agency or eligible bia-
funded school.--An eligible local educational agency or
eligible BIA-funded school that receives an emergency impact
aid payment under this section shall return to the State
educational agency any payment provided to the eligible local
educational agency or school under this section that the
eligible local educational agency or school has not obligated
by the end of the 2005-2006 school year in accordance with
this section.
(2) State educational agency.--A State educational agency
that receives emergency impact aid under this section, shall
return to the Secretary of Education--
(A) any aid provided to the agency under this section that
the agency has not obligated by the end of the 2005-2006
school year in accordance with this section; and
(B) any payment funds returned to the State educational
agency under paragraph (1).
(g) Limitation on Use of Aid and Payments.--Aid and
payments provided under this section shall be used only for
expenses incurred during the 2005-2006 school year.
(h) Administrative Expenses.--A State educational agency
that receives emergency impact aid under this section may use
not more than 1 percent of such aid for administrative
expenses.
(i) Special Funding Rule.--In calculating funding under
section 8003 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7703) for an eligible local educational
agency that receives an emergency impact aid payment under
this section, the Secretary of Education shall not count
displaced students served by such agency for whom an
emergency impact aid payment is received under this section,
nor shall such students be counted for the purpose of
calculating the total number of children in average daily
attendance at the schools served by such agency as provided
in section 8003(b)(3)(B)(i) of such Act (20 U.S.C.
7703(b)(3)(B)(i)).
(j) Termination of Authority.--The authority provided by
this section shall terminate on August 1, 2006.
(k) By-Pass.--If a State educational agency is unable or
unwilling to carry out this section, the Secretary of
Education may make such arrangements with the State as the
Secretary determines appropriate to carry out this section on
behalf of displaced students attending an eligible nonpublic
school in the State. For a State in which State law prohibits
the State from using Federal funds to directly provide
services on behalf of students attending nonpublic schools
and provides that another entity shall provide such services,
the Secretary of Education shall make such arrangements with
that entity.
(l) Nondiscrimination.--
(1) In general.--A State educational agency may provide
payment under this section to the parent or guardian of a
displaced student who enrolls in an eligible nonpublic school
in the State only if the eligible nonpublic school selected
by the student provides assurances that it does not
discriminate against participating displaced students on the
basis of race, color, national origin, religion, or sex.
(2) Applicability and single-sex schools, classes, or
activities.--
(A) In general.--Notwithstanding any other provision of
law, the prohibition of sex discrimination in paragraph (1)
shall not apply to a nonpublic school that is operated by,
controlled by, or connected to a religious organization to
the extent that the application of paragraph (1) is
inconsistent with the religious tenets or beliefs of the
school.
(B) Single-sex schools, classes, or activities.--
Notwithstanding paragraph (1) or any other provision of law,
a parent or guardian may choose, and a nonpublic school may
offer, a single-sex school, class, or activity.
(3) General provision.--Nothing in this section may be
construed to alter or modify the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.).
(4) Rule of construction.--Payments made to an individual
account (or any other form of support provided to students
under this section) under this section shall be considered
assistance to the student and shall not be considered
assistance to the school that enrolls the student. The amount
of any payment (or other form of support provided on behalf
of a displaced student) under this section shall not be
treated as income of a parent or guardian of the student for
purposes of Federal tax laws or for determining eligibility
for any other Federal program.
(5) Religiously affiliated schools.--
(A) In general.--Notwithstanding any other provision of
law, an eligible nonpublic school participating in any
program under this subtitle that is operated by, supervised
by, controlled by, or connected to, a religious organization
may exercise its rights in matters of employment consistent
with title VII of the Civil Rights Act of 1964 (42 U.S.C.
2000e et seq.), including the exemptions provided under such
title.
(B) Maintenance of purpose.--Notwithstanding any other
provision of law, funds made available under this section to
displaced students that are received by an eligible nonpublic
school, as a result of the student's parent or guardian's
choice, shall not, consistent with the first amendment of the
United States Constitution, necessitate any change in the
eligible nonpublic school's teaching mission, require any
eligible nonpublic school to remove religious art, icons,
scriptures, or other symbols, or preclude any eligible
nonpublic school from retaining religious terms in its name,
selecting its board members on a religious basis, or
including religious references in its mission statements and
other chartering or governing documents.
(C) Rule of construction.--For purposes of this section,
the provisions of section 909 of the Education Amendments of
1972 (20 U.S.C. 1688) shall apply to this section as if
section 909 of the Education Amendments of 1972 (20 U.S.C.
1688) were part of this section.
(m) Treatment of State Aid.--A State shall not take into
consideration emergency impact aid payments received under
this section by a local educational agency in the State in
determining the eligibility of such local educational agency
for State aid, or the amount of State aid, with respect to
free public education of children.
(n) Return of Unexpended Funds.--The Secretary of Education
shall return to the Treasury any funds appropriated under
this section that are unexpended or unobligated by September
30, 2006.
(o) Authorization of Appropriations.--There is authorized
to be appropriated, and there is appropriated, out of any
money in the Treasury not otherwise appropriated,
$1,200,000,000 to carry out this section.
SEC. 7960. LIMITATION ON USE OF FUNDS.
Aid, payments, assistance, or other funding provided under
this subtitle shall be used only for expenses incurred during
the 2005-2006 school year.
SEC. 7961. SUNSET PROVISION.
Except as otherwise provided in this subtitle, the
provisions of this subtitle shall be effective for the period
beginning on the date of enactment of this Act and ending on
August 30, 2006.
______
SA 2405. Mrs. CLINTON (for herself, Ms. Mikulski, Mr. Harkin, Mr.
Lautenberg, Mr. Jeffords, Mr. Reed, Mr. Salazar, Mr. Obama, Mrs. Boxer,
Ms. Stabenow, Mr. Corzine, Mr. Schumer, Mr. Durbin, Mrs. Feinstein, Mr.
Feingold, Mr. Carper, Mr. Johnson, and Mr. Leahy) submitted an
amendment intended to be proposed by her to the bill S. 1932, to
provide for reconciliation pursuant to section 202(a) of the concurrent
resolution on the budget for fiscal year 2006 (H. con. Res. 95); 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;
[[Page S12364]]
(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 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.
[[Page S12365]]
(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 2406. Mr. DURBIN (for himself, Mr. Dorgan, Mr. Lautenberg, and Mr.
Johnson) submitted an amendment intended to be proposed by him to the
bill S. 1932, to provide for reconciliation pursuant to section 202(a)
of the concurrent resolution on the budget for fiscal year 2006 (H.
Con. Res. 95); which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. ACCOUNTABILITY IN FEDERAL CONTRACTING.
(a) In General.--Except as provided in subsection (b), none
of the funds appropriated or otherwise made available by the
Emergency Supplemental Appropriations Act to Meet Immediate
Needs Arising From the Consequences of Hurricane Katrina,
2005 (Public Law 109-61), by the Second Emergency
Supplemental Appropriations Act to Meet Immediate Needs
Arising From the Consequences of Hurricane Katrina, 2005
(Public Law 109-62), or through the Iraq Relief and
Reconstruction Fund may be obligated or expended in
connection with a contract with a contractor that, during the
previous 5 years--
(1) has been found by an executive agency, the Special
Inspector General for Iraq Reconstruction, or any Inspector
General having oversight authority with respect to Hurricane
Katrina and Hurricane Rita reconstruction contracts to have
overcharged or improperly billed the Federal Government by a
total of at least $10,000,000 through one or more
overcharges;
(2) has been found by an executive agency, the Special
Inspector General for Iraq Reconstruction, or any Inspector
General having oversight authority with respect to Hurricane
Katrina and Hurricane Rita reconstruction contracts to have
committed one or more fraudulent acts resulting in total
costs or losses to the Federal Government of at least
$10,000,000; or
(3) has had rendered against it a judgment or conviction
for an offense constituting a cause for suspension or
debarment under the Federal suspension and debarment
regulations.
(b) National Security Waiver.--The President may waive the
restrictions under subsection (a) on a case-by-case basis if
the President determines that such waiver is in the national
security interest of the United States and submits to the
appropriate congressional authorities a report describing the
reasons for such determination.
(c) Definitions.--In this section:
(1) Appropriate congressional authorities.--The term
``appropriate congressional authorities'' means--
(A) the Majority Leader and the Minority Leader of the
Senate;
(B) the Speaker of the House of Representatives and the
Minority Leader of the House of Representatives; and
(C) the Committees on Appropriations of the Senate and the
House of Representatives.
(2) Executive agencies.--The term ``executive agency'' has
the meaning given that term in section 4 of the Office of
Federal Procurement Policy Act (41 U.S.C. 403).
______
SA 2407. Mr. LEVIN submitted an amendment intended to be proposed by
him to the bill S. 1932, to provide for reconciliation pursuant to
section 202(a) of the concurrent resolution on the budget for fiscal
year 2006 (H. Con. Res. 95); which was ordered to lie on the table; as
follows:
On page 95, after line 21, insert the following:
SEC. 3005A. COMMUNICATION SYSTEM GRANTS.
(a) Definitions.--In this section--
(1) the term ``demonstration project'' means the
demonstration project established under subsection (b)(1);
(2) the term ``Department'' means the Department of
Homeland Security;
(3) the term ``emergency response provider'' has the
meaning given that term in section 2(6) the Homeland Security
Act of 2002 (6 U.S.C. 101(6)); and
(4) the term ``Secretary'' means the Secretary of Homeland
Security.
(b) In General.--
(1) Establishment.--There is established in the Department
an ``International Border Community Interoperable
Communications Demonstration Project''.
(2) Minimum number of communities.--The Secretary shall
select not fewer than 2 communities to participate in a
demonstration project.
(3) Location of communities.--Not fewer than 1 of the
communities selected under paragraph (2) shall be located on
the northern border of the United States and not fewer than 1
of the communities selected under paragraph (2) shall be
located on the southern border of the United States.
(c) Project Requirements.--The demonstration projects
shall--
(1) address the interoperable communications needs of
police officers, firefighters,
[[Page S12366]]
emergency medical technicians, National Guard, and other
emergency response providers;
(2) foster interoperable communications--
(A) among Federal, State, local, and tribal government
agencies in the United States involved in preventing or
responding to terrorist attacks or other catastrophic events;
and
(B) with similar agencies in Canada and Mexico;
(3) identify common international cross-border frequencies
for communications equipment, including radio or computer
messaging equipment;
(4) foster the standardization of interoperable
communications equipment;
(5) identify solutions that will facilitate communications
interoperability across national borders expeditiously;
(6) ensure that emergency response providers can
communicate with each another and the public at disaster
sites or in the event of a terrorist attack or other
catastrophic event;
(7) provide training and equipment to enable emergency
response providers to deal with threats and contingencies in
a variety of environments; and
(8) identify and secure appropriate joint-use equipment to
ensure communications access.
(d) Distribution of Funds.--
(1) In general.--The Secretary shall distribute funds under
this section to each community participating in a
demonstration project through the State, or States, in which
each community is located.
(2) Other participants.--Not later than 60 days after
receiving funds under paragraph (1), a State receiving funds
under this section shall make the funds available to the
local governments and emergency response providers
participating in a demonstration project selected by the
Secretary.
(e) Funding.--Amounts made available from the
interoperability fund under section 3005(c)(3) shall be
available to carry out this section without appropriation.
(f) Reporting.--Not later than December 31, 2005, and each
year thereafter in which funds are appropriated for a
demonstration project, the Secretary shall provide to the
Committee on Homeland Security and Governmental Affairs of
the Senate and the Committee on Homeland Security of the
House of Representatives a report on the demonstration
projects under this section.
______
SA 2408. Mr. CORNYN submitted an amendment intended to be proposed by
him to the bill S. 1932, to provide for reconciliation pursuant to
section 202(a) of the concurrent resolution on the budget for fiscal
year 2006 (H. Con. Res. 95); as follows:
On page 94, strike line 7 through 12.
______
SA 2409. Mr. REED (for himself, Mr. Baucus, Mrs. Murray, Mr. Kennedy,
Mr. Bingaman, Mr. Corzine, Mrs. Clinton, and Mr. Obama) submitted an
amendment intended to be proposed by him to the bill S. 1932, to
provide for reconciliation pursuant to section 202(a) of the concurrent
resolution on the budget for fiscal year 2006 (H. Con. Res. 95); as
follows:
Strike section 6031 of the bill.
______
SA 2410. Mr. BAUCUS (for himself, Mr. Obama, Ms. Mikulski, Mrs.
Murray, Ms. Stabenow, Mr. Feingold, Mr. Reed, and Mr. Schumer)
submitted an amendment intended to be proposed by him to the bill S.
1932, to provide for reconciliation pursuant to section 202(a) of the
concurrent resolution on the budget for fiscal year 2006 (H. Con. Res.
95); which was ordered to lie on the table; as follows:
On page 256, between lines 5 and 6, insert the following:
Subchapter D--Sense of the Senate
SEC. 6065. TO EXPRESS THE SENSE OF THE SENATE REGARDING
MEDICAID RECONCILIATION LEGISLATION TO BE
REPORTED BY A CONFERENCE COMMITTEE.
(a) Findings.--The Senate makes the following findings:
(1) The Medicaid program provides essential health care and
long-term care services to more than 50,000,000 low-income
children, pregnant women, parents, individuals with
disabilities, and senior citizens. It is a Federal guarantee
that ensures that the most vulnerable will have access to
needed medical services.
(2) The Medicaid program provides critical access to long-
term care and other services for the elderly and individuals
living with disabilities, and is the single largest provider
of long-term care services. The Medicaid program also pays
for personal care and other supportive services that are
typically not provided by private health insurance or under
the Medicare program, but are necessary to enable individuals
with spinal cord injuries, developmental disabilities,
neurological degenerative diseases, serious and persistent
mental illnesses, HIV/AIDS, and other chronic conditions to
remain in the community, to work, and to maintain
independence.
(3) The Medicaid program supplements the Medicare program
for more than 6,000,000 low-income elderly or disabled
Medicare beneficiaries, assisting those beneficiaries with
their Medicare premiums and co-insurance, wrap-around
benefits, and the costs of nursing home care that the
Medicare program does not cover. The Medicaid program spent
nearly $40,000,000,000 in 2002 on services not covered under
the Medicare program.
(4) The Medicaid program provides health insurance for more
than \1/4\ of America's children and is the largest purchaser
of maternity care, paying for more than \1/3\ of all the
births in the United States each year. The Medicaid program
also provides vital access to care for children with
disabilities, covering more than 70 percent of the poor
children with disabilities in the United States.
(5) Medicaid's benefits for children are comprehensive,
including mandatory coverage for Early and Periodic Screening
Diagnosis and Treatment benefits covering all medically
necessary care. Medicaid ensures that children have the
benefits, health services and health care support they need
to be fully immunized and that children can secure
eyeglasses, dental care, and hearing aids when necessary, and
that children have access to comprehensive, regularly
scheduled, and as-needed health examinations, as well as
preventive interventions, to correct physical and mental
conditions that threaten to delay proper growth and
development.
(6) More than 16,000,000 American women depend on the
Medicaid program for their health care. Women comprise the
majority of seniors (71 percent) on Medicaid. Half of
nonelderly women with permanent mental or physical
disabilities have health care coverage under the Medicaid
program. The Medicaid program also provides critical access
to treatment for low-income women diagnosed with breast or
cervical cancer.
(7) The Medicaid program is the Nation's largest source of
payment for mental health services, HIV/AIDS care, and care
for children with special needs. Much of this care is either
not covered by private insurance or is limited in scope or
duration. The Medicaid program is also a critical source of
funding for health care for children in foster care and for
health care services provided in schools.
(8) Funds under the Medicaid program help to ensure access
to care for all Americans. The Medicaid program is the single
largest source of revenue for the Nation's safety net
hospitals, health centers, and nursing homes, and is critical
to the ability of these providers to adequately serve all
Americans.
(9) The Medicaid program serves a major role in ensuring
that the number of Americans without health insurance,
approximately 45,000,000 in 2003, is not substantially
higher. The system of Federal matching for State Medicaid
expenditures ensures that Federal funds will grow as State
spending increases in response to unmet needs, enabling the
Medicaid program to help buffer the drop in private coverage
during recessions. More than 4,800,000 Americans lost
employer-sponsored health care coverage between 2000 and
2003, during which time the Medicaid program enrolled an
additional 8,400,000 Americans.
(10) Many individuals living below the Federal poverty
level are ineligible for Medicaid because of stringent income
eligibility rules. For parents, eligibility levels are often
very far below the Federal poverty level. On average, a
working parent in a family of three would have to make less
than $224 per week and a non-working parent in a family of
three would have to make less than $150 per week to qualify.
Single individuals with disabilities would be ineligible if
they have more than $147 per week in income.
(11) Eligibility levels for pregnant women and children are
generally at or just above the Federal poverty level, but a
family with income just over minimum wage can be disqualified
for Medicaid. At the minimum eligibility levels for pregnant
women, earning as little as $8.80 per hour at a full-time job
could disqualify a pregnant woman from Medicaid eligibility.
A working parent in a family of three earning less than $8.40
per hour at a full-time job could make their child 6 years-
old or older ineligible for Medicaid.
(12) Title III of the budget reconciliation bill of the
House of Representatives, as reported out by the Committee on
Energy and Commerce, would adversely affect these low-income
beneficiaries, many of whom are children or have special
health care needs, by increasing beneficiary cost-sharing,
limiting access to benefits, and restricting eligibility for
long-term care services that the Medicaid program covers.
These new limits make up \2/3\ of the House of
Representative's projected Medicaid spending reductions,
accounting for $30,100,000,000 of the total $45,300,000,000
in Medicaid reductions over 10 years.
(13) Making beneficiaries pay more for more limited
benefits under Medicaid may put a significant financial
burden on these very low-income individuals. Research also
demonstrates that increasing beneficiary cost-sharing can
make prescription drugs and other essential health services
unaffordable for beneficiaries, can cause the health of
children and adults to deteriorate, and can lead to higher
emergency room and hospital costs.
(14) By contrast, while this title includes substantial
cuts to the Medicaid program, it does not include direct
limits on beneficiary access to Medicaid services. Even so,
enactment of this title would result in a net Medicaid cut of
$14,200,000,000 over 10 years, less than \1/3\ of the
projected Medicaid reductions contained in the House of
Representative's budget reconciliation bill.
[[Page S12367]]
(b) Sense of the Senate.--It is the sense of the Senate
that the conferees for any budget reconciliation bill of the
109th Congress shall not report a reconciliation bill that
would--
(1) with respect to low-income children, pregnant women,
disabled individuals, elderly individuals, individuals with
chronic illnesses like HIV/AIDS, cancer, and diabetes,
individuals with mental illnesses, and other Medicaid
beneficiaries--
(A) impair access to Medicaid services;
(B) undermine eligibility for such Medicaid beneficiaries;
(C) make Medicaid services unavailable by making them
unaffordable to such Medicaid beneficiaries; or
(D) cut health care services for such Medicaid
beneficiaries; or
(2) undermine the Federal guarantee of health insurance
coverage that the Medicaid program provides, which would
threaten not only the health care safety net of the United
States, but the entire health care system of the United
States.
______
SA 2411. Mrs. FEINSTEIN (for herself, Mrs. Hutchison, Mrs. Boxer,
Mrs. Murray, Mr. Lautenberg, Mr. Schumer, Mr. Corzine, Ms. Cantwell,
and Ms. Mikulski) proposed an amendment to the bill S. 1932, to provide
for reconciliation pursuant to section 202(a) of the concurrent
resolution on the budget for fiscal year 2006 (H. Con. Res. 95); as
follows:
On page 188, after line 24, add the following:
SEC. 6037. AUTHORITY TO CONTINUE PROVIDING CERTAIN ADULT DAY
HEALTH CARE SERVICES OR MEDICAL ADULT DAY CARE
SERVICES.
The Secretary shall not--
(1) withhold, suspend, disallow, or otherwise deny Federal
financial participation under section 1903(a) of the Social
Security Act (42 U.S.C. 1396b(a)) for adult day health care
services or medical adult day care services, as defined under
a State medicaid plan approved on or before 1982, if such
services are provided consistent with such definition and the
requirements of such plan; or
(2) withdraw Federal approval of any such State plan or
part thereof regarding the provision of such services.
______
SA 2412. Mr. VITTER (for Mr. Stevens (for himself, Mr. Vitter, Ms.
Landrieu, Mr. Domenici, Mr. Craig, Mr. Lott, Mr. Inouye, and Mr.
Bingaman)) proposed an amendment to the bill S. 1932, to provide for
reconciliation pursuant to section 202(a) of the concurrent resolution
on the budget for fiscal year 2006 (H. Con. Res. 95); as follows:
On page 95, strike lines 13 through 21, and insert the
following:
(f) Use of Excess Proceeds.--Any proceeds of the auction
authorized by section 309(j)(15)(C)(v) of the Communications
Act of 1934, as added by section 3003 of this Act, that
exceed the sum of the payments made from the Fund under
subsection (c), the transfer from the Fund under subsection
(d), and any amount made available under section 3006
(referred to in this subsection as ``excess proceeds''),
shall be distributed as follows:
(1) The first $1,000,000,000 of excess proceeds shall be
transferred to and deposited in the general fund of the
Treasury as miscellaneous receipts.
(2) After the transfer under paragraph (1), the next
$500,000,000 of excess proceeds shall be transferred to the
interoperability fund described in subsection (c)(3).
(3) After the transfers under paragraphs (1) and (2), the
next $1,200,000,000 of exceess proceeds shall be transfered
to the assistance program described in subsection (c)(5).
(4) After the transfers under paragraphs (1) through (3),
any remaining excess proceeds shall be transferred to and
deposited in the general fund of the Treasury as
miscellaneous receipts.
______
SA 2413. Mr. WARNER (for himself, Mr. Lieberman, Mr. Roberts, Mr.
Durbin, Mr. Allen, and Mr. Obama) proposed an amendment to the bill S.
1932, to provide for reconciliation pursuant to section 202(a) of the
concurrent resolution on the budget for fiscal year 2006 (H. Con. Res.
95); as follows:
On page 369, between lines 11 and 12, insert the following:
``(D) the Secretary--
``(i) shall determine if an increase in the amount of a
grant under this section is needed to help encourage students
to pursue courses of study that are important to the current
and future national, homeland, and economic security needs of
the United States; and
``(ii) after making the determination described in clause
(i), may increase the maximum and minimum award level
established under subparagraph (A) by not more than 25
percent, for students eligible for a grant under this section
who are pursuing a degree with a major in mathematics,
science, technology, engineering, or a foreign language that
is critical to the national security of the United States;
and
``(E) not later than September 30 of each fiscal year, the
Secretary shall notify Congress, in writing, of the
Secretary's determination with respect to subparagraph (D)(i)
and of any increase in award levels under subparagraph
(D)(ii).
______
SA 2414. Mr. BYRD (for himself and Mr. Harkin) proposed an amendment
to the bill S. 1932, to provide for reconciliation pursuant to section
202(a) of the concurrent resolution on the budget for fiscal year 2006
(H. Con. Res. 95); as follows:
At the appropriate place, insert the following:
SEC. __. SUSPENSION OF DEBATE LIMITATION ON RECONCILIATION
LEGISLATION THAT CAUSES A DEFICIT OR INCREASES
THE DEFICIT.
(a) In General.--For purposes of consideration in the
Senate of any reconciliation bill or resolution, or
amendments thereto or debatable motions and appeals in
connection therewith, under section 310(e) of the
Congressional Budget Act of 1974, section 305(b) (1), (2),
and (5), section 305(c), and the limitation on debate in
section 310(e)(2) of that Act, shall not apply to any
reconciliation bill or resolution, amendment thereto, or
motion thereon that includes reductions in revenue or
increases in spending that would cause an on-budget deficit
to occur or increase the deficit for any fiscal year covered
by such bill or resolution.
(b) Germaneness Required.--Notwithstanding subsection (a),
no amendment that is not germane to the provisions of such
reconciliation bill or resolution shall be received.
______
SA 2415 Mr. DURBIN (for himself, Mr. Dorgan, Mr. Lautenberg, Mr.
Johnson, and Mr. Lieberman) submitted an amendment intended to be
proposed by him to the bill S. 1932, to provide for reconciliation
pursuant to section 202(a) of the concurrent resolution on the budget
for fiscal year 2006 (H. Con. Res. 95); which was ordered to lie on the
table; as follows:
At the appropriate place, insert the following:
SEC. __. ACCOUNTABILITY IN FEDERAL CONTRACTING.
(a) In General.--Except as provided in subsection (b), none
of the funds appropriated or otherwise made available by the
Emergency Supplemental Appropriations Act to Meet Immediate
Needs Arising From the Consequences of Hurricane Katrina,
2005 (Public Law 109-61), by the Second Emergency
Supplemental Appropriations Act to Meet Immediate Needs
Arising From the Consequences of Hurricane Katrina, 2005
(Public Law 109-62), or through the Iraq Relief and
Reconstruction Fund may be obligated or expended in
connection with a contract entered into after the date of the
enactment of this Act with a contractor that, during the
previous 5 years--
(1) has been found by an executive agency, the Special
Inspector General for Iraq Reconstruction, or any Inspector
General having oversight authority with respect to Hurricane
Katrina and Hurricane Rita reconstruction contracts to have
overcharged or improperly billed the Federal Government by a
total of at least $10,000,000 through one or more
overcharges;
(2) has been found by an executive agency, the Special
Inspector General for Iraq Reconstruction, or any Inspector
General having oversight authority with respect to Hurricane
Katrina and Hurricane Rita reconstruction contracts to have
committed one or more fraudulent acts resulting in total
costs or losses to the Federal Government of at least
$10,000,000; or
(3) has been suspended or debarred under the Federal
suspension and debarment regulations.
(b) National Security Waiver.--The President may waive the
restrictions under subsection (a) on a case-by-case basis if
the President determines that such waiver is in the national
security interest of the United States and submits to the
appropriate congressional authorities a report describing the
reasons for such determination.
(c) Definitions.--In this section:
(1) Appropriate congressional authorities.--The term
``appropriate congressional authorities'' means--
(A) the Majority Leader and the Minority Leader of the
Senate;
(B) the Speaker of the House of Representatives and the
Minority Leader of the House of Representatives; and
(C) the Committees on Appropriations of the Senate and the
House of Representatives.
(2) Executive agencies.--The term ``executive agency'' has
the meaning given that term in section 4 of the Office of
Federal Procurement Policy Act (41 U.S.C. 403).
______
SA 2416. Mr. SUNUNU (for himself and Mr. Santorum) submitted an
amendment intended to be proposed by him to the bill S. 1932, to
provide for reconciliation pursuant to section 202(a) of the concurrent
resolution on the budget for fiscal year 2006 (H. Con. Res. 95); which
was ordered to lie on the table; as follows:
On page 130, after line 25, add the following:
[[Page S12368]]
SEC. 6005. ELECTRONIC PRESCRIPTION INCENTIVES FOR MEDICAID
MANAGED CARE ORGANIZATIONS.
(a) In General.--Section 1903(m)(2)(A) (42 U.S.C.
1396b(m)(2)(A)) is amended--
(1) in clause (xi), by striking ``and'' at the end;
(2) in clause (xii), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(xiii) notwithstanding clause (x), such contract provides
that--
``(I) for each electronic prescription written by a
physician during the period beginning on January 1, 2006, and
ending on December 31, 2009, the entity shall make a payment
of an amount equal to--
``(aa) $1.00, minus
``(bb) an amount equal to the percentage of total claims
that consist of electronic prescription drug claims under
this title by medicaid managed care organizations (as
determined under section 6005(b) of the Deficit Reduction
Omnibus Reconciliation Act of 2005, expressed in cents);
``(II) for each non-electronic prescription written by a
physician during the period described in subclause (I), the
entity shall reduce the dispensing fee otherwise applicable
by an amount equal to--
``(aa) $1.00, minus
``(bb) an amount equal to the percentage of total claims
under this title by medicaid managed care organizations that
consist of non-electronic claims (as so determined and
expressed in cents).''.
(b) Data for Determining Electronic Claims.--
(1) In general.--For purposes of section
1903(m)(2)(A)(xiii) of the Social Security Act (as added by
subsection (a)), subject to the update required under
paragraph (2), in determining the percentage of total claims
that consist of electronic prescription drug claims by
medicaid managed care organizations under title XIX of the
Social Security Act and the percentage of total claims that
consist of non-electronic prescription drug claims, the
Secretary shall use an estimate of the number of electronic
claims and non-electronic claims that will be submitted as of
January 1, 2006.
(2) Update.--For each 6 month period beginning after
January 1, 2006, the Secretary shall update the estimate of
the number of electronic prescription drug claims and non-
electronic prescription drug claims used to determine the
percentage of total claims that consist of such electronic
claims and the percentage of total claims that consist of
such non-electronic claims.
(3) Most recent data.--To the extent feasible, the
Secretary shall use the most recent data available, including
real-time data on drug claims submitted under title XIX pf
the Social Security Act with respect to medicaid managed care
organizations, to determine the percentage of total claims
that consist of electronic claims and the percentage of total
claims that consist of non-electronic claims.
(c) Study and Report.--The Comptroller General of the
United States shall conduct a study regarding the feasibility
of applying electronic prescription incentives similar to the
incentives required under section 1903(m)(2)(A)(xiii) of the
Social Security Act (as added by subsection (a)) to fee-for-
service Medicaid. Not later than January 1, 2007, the
Comptroller General shall submit a report to Congress on the
results of the study conducted under this subsection.
______
SA 2417. Mr. GREGG (for Mr. Levin) proposed an amendment to the bill
S. 1932, to provide for reconciliation pursuant to section 202(a) of
the concurrent resolution on the budget for fiscal year 2006 (H. Con.
Res. 95); as follows:
On page 95, after line 21, insert the following:
SEC. 3005A. COMMUNICATION SYSTEM GRANTS.
(a) Definitions.--In this section--
(1) the term ``demonstration project'' means the
demonstration project established under subsection (b)(1);
(2) the term ``Department'' means the Department of
Homeland Security;
(3) the term ``emergency response provider'' has the
meaning given that term in section 2(6) the Homeland Security
Act of 2002 (6 U.S.C. 101(6)); and
(4) the term ``Secretary'' means the Secretary of Homeland
Security.
(b) In General.--
(1) Establishment.--There is established in the Department
an ``International Border Community Interoperable
Communications Demonstration Project''.
(2) Minimum number of communities.--The Secretary shall
select not fewer than 2 communities to participate in a
demonstration project.
(3) Location of communities.--Not fewer than 1 of the
communities selected under paragraph (2) shall be located on
the northern border of the United States and not fewer than 1
of the communities selected under paragraph (2) shall be
located on the southern border of the United States.
(c) Project Requirements.--The demonstration projects
shall--
(1) address the interoperable communications needs of
police officers, firefighters, emergency medical technicians,
National Guard, and other emergency response providers;
(2) foster interoperable communications--
(A) among Federal, State, local, and tribal government
agencies in the United States involved in preventing or
responding to terrorist attacks or other catastrophic events;
and
(B) with similar agencies in Canada and Mexico;
(3) identify common international cross-border frequencies
for communications equipment, including radio or computer
messaging equipment;
(4) foster the standardization of interoperable
communications equipment;
(5) identify solutions that will facilitate communications
interoperability across national borders expeditiously;
(6) ensure that emergency response providers can
communicate with each another and the public at disaster
sites or in the event of a terrorist attack or other
catastrophic event;
(7) provide training and equipment to enable emergency
response providers to deal with threats and contingencies in
a variety of environments; and
(8) identify and secure appropriate joint-use equipment to
ensure communications access.
(d) Distribution of Funds.--
(1) In general.--The Secretary shall distribute funds under
this section to each community participating in a
demonstration project through the State, or States, in which
each community is located.
(2) Other participants.--Not later than 60 days after
receiving funds under paragraph (1), a State receiving funds
under this section shall make the funds available to the
local governments and emergency response providers
participating in a demonstration project selected by the
Secretary.
(e) Funding.--Amounts made available from the
interoperability fund under section 3005(c)(3) shall be
available to carry out this section without appropriation.
(f) Reporting.--Not later than December 31, 2005, and each
year thereafter in which funds are appropriated for a
demonstration project, the Secretary shall provide to the
Committee on Homeland Security and Governmental Affairs of
the Senate and the Committee on Homeland Security of the
House of Representatives a report on the demonstration
projects under this section.
______
SA 2418. Mr. GREGG (for Mr. Sununu (for himself, Mr. Durbin, Mr.
Craig, Mr. Pryor, Mr. Isakson, Mr. Nelson of Nebraska, Mr. Thune, Mr.
Kerry, and Mr. Chambliss)) proposed an amendment to the bill S. 1932,
to provide for reconciliation pursuant to section 202(a) of the
concurrent resolution on the budget for fiscal year 2006 (H. Con. Res.
95); as follows:
On page 90, between lines 19 and 20, insert the following:
Subtitle D--Adaptive Housing Assistance
SEC. 2031. SHORT TITLE.
This subtitle may be cited as the ``Specially Adapted
Housing Grants Improvements Act of 2005''.
SEC. 2032. ADAPTIVE HOUSING ASSISTANCE FOR DISABLED VETERANS
RESIDING TEMPORARILY IN HOUSING OWNED BY A
FAMILY MEMBER.
(a) Assistance Authorized.--Chapter 21 of title 38, United
States Code, is amended by inserting after section 2102 the
following new section:
``Sec. 2102A. Assistance for veterans residing temporarily in
housing owned by a family member
``(a) Assistance Authorized.--If a disabled veteran
described in subsection (a)(2) or (b)(2) of section 2101 of
this title resides, but does not intend to permanently
reside, in a residence owned by a member of such veteran's
family, the Secretary may assist the veteran in acquiring
such adaptations to such residence as are determined by the
Secretary to be reasonably necessary because of the veteran's
disability.
``(b) Limitation on Amount of Assistance.--Subject to
section 2102(d) of this title, the assistance authorized
under subsection (a) may not exceed--
``(1) $10,000, in the case of a veteran described in
section 2101(a)(2) of this title; or
``(2) $2,000, in the case of a veteran described in section
2101(b)(2) of this title.
``(c) Limitation on Number of Residences Subject to
Assistance.--A veteran eligible for assistance authorized
under subsection (a) may only be provided such assistance
with respect to 1 residence.
``(d) Regulations.--Assistance under this section shall be
provided in accordance with such regulations as the Secretary
may prescribe.
``(e) Termination of Authority.--The authority to provide
assistance under subsection (a) shall expire at the end of
the 5-year period beginning on the date of enactment of the
Specially Adapted Housing Grants Improvements Act of 2005.''.
(b) Limitations on Adaptive Housing Assistance.--Section
2102 of such title is amended--
(1) in subsection (a), by striking ``The assistance
authorized by section 2101(a)'' and all that follows through
``any one case--'' and inserting ``Subject to subsection (d),
the assistance authorized under section 2101(a) of this title
shall be afforded under 1 of
the following plans, at the election of the
veteran--'';
(2) by amending subsection (b) to read as follows:
``(b) Subject to subsection (d), and except as provided in
section 2104(b) of this title, the assistance authorized by
section 2101(b)
[[Page S12369]]
of this title may not exceed the actual cost, or in the case
of a veteran acquiring a residence already adapted with
special features, the fair market value, of the adaptations
determined by the Secretary under such section 2101(b) to be
reasonably necessary.''; and
(3) by adding at the end the following new subsection:
``(d)(1) The aggregate amount of assistance available to a
veteran under sections 2101(a) and 2102A of this title shall
be limited to $50,000.
``(2) The aggregate amount of assistance available to a
veteran under sections 2101(b) and 2102A of this title shall
be limited to the lesser of--
``(A) the sum of the cost or fair market value described in
section 2102(b) of this title and the actual cost of
acquiring the adaptations described in subsection (a); and
``(B) $10,000.
``(3) No veteran may receive more than 3 grants of
assistance under this chapter.''.
(c) Clerical Amendment.--The table of sections at the
beginning of such chapter of such title is amended by
inserting after the item relating to section 2102 the
following:
``2102A. Assistance for veterans residing temporarily in housing owned
by family member.''.
SEC. 2033. GAO REPORTS.
(a) Interim Report.--Not later than 3 years after the date
of enactment of this Act, the Comptroller General of the
United States shall submit to Congress an interim report on
the implementation of section 2102A of title 38, United
States Code (as added by section 2(a)), by the Department of
Veterans Affairs.
(b) Final Report.--Not later than 5 years after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to Congress a final report on the
implementation of such section 2102A by the Department of
Veterans Affairs.
On page 166, strike lines 12 through 15 and insert the
following:
``(A) for fiscal year 2006, $50,000,000;
``(B) for each of fiscal years 2007 and 2008, $49,000,000;
``(C) for each of fiscal years 2009 and 2010, $74,000,000;
and
``(D) for fiscal year 2011 and each fiscal year thereafter,
$75,000,000.
______
SA 2419. Mr. SANTORUM (for himself, Mr. Bunning, Mr. Thomas, Mr.
Voinovich, Mr. Lieberman, Mr. Dodd, Mr. Rockefeller, Ms. Landrieu, and
Mr. Conrad) proposed an amendment to the bill S. 1932, to provide for
reconciliation pursuant to section 202(a) of the concurrent resolution
on the budget for fiscal year 2006 (H. Con. Res. 95); as follows:
On page 368, between lines 5 and 6, insert the following:
SEC. 6116. TECHNICAL CORRECTION REGARDING PURCHASE AGREEMENTS
FOR POWER-DRIVEN WHEELCHAIRS.
(a) In General.--Section 1834(a)(7)(A) (42 U.S.C.
1395m(a)(7)(A)), as amended by section 6109 of this Act, is
amended--
(1) in clause (i)(I), by striking ``Payment'' and inserting
``Except as provided in clause (iii), payment''; and
(2) by adding at the end the following new clause:
``(iii) Purchase agreement option for power-driven
wheelchairs.--
``(I) In general.--In the case of a power-driven
wheelchair, at the time the supplier furnishes the item, the
supplier shall offer the individual the option to purchase
the item, and payment for such item shall be made on a lump-
sum basis if the individual exercises such option.
``(II) Maintenance and servicing.--In the case of a power-
driven wheelchair for which a purchase agreement has been
entered into under subclause (I), maintenance and servicing
payments shall, if the Secretary determines such payments are
reasonable and necessary, be made (for parts and labor not
covered by the supplier's or manufacturer's warranty, as
determined by the Secretary to be appropriate), and such
payments shall be in an amount determined to be appropriate
by the Secretary.''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply to items furnished on or after October 1, 2006.
SEC. 6117. MEDICARE COVERAGE OF ULTRASOUND SCREENING FOR
ABDOMINAL AORTIC ANEURYSMS; NATIONAL
EDUCATIONAL AND INFORMATION CAMPAIGN.
(a) In General.--Section 1861 (42 U.S.C. 1395x) is
amended--
(1) in subsection (s)(2)--
(A) by striking ``and'' at the end of subparagraph (Y);
(B) by adding ``and'' at the end of subparagraph (Z); and
(C) by adding at the end the following new subparagraph:
``(AA) ultrasound screening for abdominal aortic aneurysm
(as defined in subsection (bbb)) for an individual--
``(i) who receives a referral for such an ultrasound
screening as a result of an initial preventive physical
examination (as defined in section 1861(ww)(1));
``(ii) who has not been previously furnished such an
ultrasound screening under this title; and
``(iii) who--
``(I) has a family history of abdominal aortic aneurysm; or
``(II) manifests risk factors included in a beneficiary
category (not including categories related to age)
recommended for screening by the United States Preventive
Services Task Force regarding abdominal aortic aneurysms;'';
and
(2) by adding at the end the following new subsection:
``Ultrasound Screening for Abdominal Aortic Aneurysm
``(bbb) The term `ultrasound screening for abdominal aortic
aneurysm' means--
``(1) a procedure using sound waves (or such other
procedures using alternative technologies, of commensurate
accuracy and cost, that the Secretary may specify) provided
for the early detection of abdominal aortic aneurysm; and
``(2) includes a physician's interpretation of the results
of the procedure.''.
(b) Inclusion of Ultrasound Screening for Abdominal Aortic
Aneurysm in Screening Services for Which Education,
Counseling, and Referral Is Provided for Under Benefits for
Initial Preventive Physical Examination.--Section 1861(ww)(2)
(42 U.S.C. 1395x(ww)(2)) is amended by adding at the end the
following new subparagraph:
``(L) Ultrasound screening for abdominal aortic aneurysm as
defined in section 1861(bbb).''.
(c) Payment for Ultrasound Screening for Abdominal Aortic
Aneurysm.--Section 1848(j)(3) (42 U.S.C. 1395w-4(j)(3)) is
amended by inserting ``(2)(AA),'' after ``(2)(W),''.
(d) Frequency and Quality Standards.--Section 1862(a)(1)
(42 U.S.C. 1395y(a)(1)) is amended--
(1) by striking ``and'' at the end of subparagraph (L);
(2) by striking the semicolon at the end of subparagraph
(M) and inserting ``, and''; and
(3) by adding at the end the following new subparagraph:
``(N) in the case of ultrasound screening for abdominal
aortic aneurysm--
``(i) which is performed more frequently than is provided
for under section 1861(s)(2)(AA); or
``(ii) which is performed by an individual or diagnostic
laboratory that does not meet quality assurance standards
that the Secretary, in consultation with national medical,
vascular technologist and sonographer societies, shall
establish, including with respect to individuals performing
ultrasound screening for abdominal aortic aneurysm (other
than physicians) and diagnostic laboratories, that the
individual or laboratory is certified by the appropriate
State licensing or certification agency or, in the case of a
service performed in a State that does not license or certify
such individuals or laboratories, by a national certification
or accreditation organization recognized by the Secretary;''.
(e) Non-Application of Part B Deductible.--Section 1833(b)
(42 U.S.C. 1395l(b)) is amended in the first sentence--
(1) by striking ``and (6)'' and inserting ``(6)''; and
(2) by inserting ``, and (7) such deductible shall not
apply with respect to ultrasound screening for abdominal
aortic aneurysm (as defined in section 1861(bbb))'' before
the period at the end.
(f) National Educational and Information Campaign.--
(1) In general.--After consultation with national medical,
vascular technologist, and sonographer societies, the
Secretary of Health and Human Services shall carry out a
national education and information campaign to promote
awareness among health care practitioners and the general
public with respect to the importance of early detection and
treatment of abdominal aortic aneurysms.
(2) Use of funds.--The Secretary may use amounts
appropriated pursuant to this subsection to make grants to
national medical, vascular technologist, and sonographer
societies (in accordance with procedures and criteria
specified by the Secretary) to enable them to educate
practitioners and providers about matters relating to such
aneurysms.
(3) Authorization of Appropriations.--There is authorized
to be appropriated for fiscal year 2006 and each fiscal year
thereafter such sums as may be necessary to carry out this
subsection.
(g) Effective Date.--The amendments made by this section
shall apply to ultrasound screenings for abdominal aortic
aneurysm performed on or after January 1, 2007.
SEC. 6118. IMPROVING PATIENT ACCESS TO, AND UTILIZATION OF,
COLORECTAL CANCER SCREENING UNDER MEDICARE.
(a) Increase in part B reimbursement for colorectal cancer
screening and diagnostic tests.--
(1) In general.--Section 1834(d) (42 U.S.C. 1395m(d)) is
amended by adding at the end the following new paragraph:
``(4) Enhanced part b payment for colorectal cancer
screening and diagnostic tests.--
``(A) Nonfacility rates.--Notwithstanding paragraphs (2)(A)
and (3)(A), the Secretary shall establish national minimum
payment amounts for CPT codes 45378, 45380, and 45385, and
HCPCS codes G0105 and GO121 for items and services furnished
on or after January 1, 2007, which reflect a 5-percent
increase above the relative value units in effect as the
nonfacility rates for such codes on December 31, 2006, with
such revised payment level to apply to items and services
performed in a nonfacility setting.
``(B) Facility rates.--Notwithstanding paragraphs (2)(A)
and (3)(A), the Secretary shall establish national minimum
payment amounts for CPT codes 45378, 45380, and 45385,
[[Page S12370]]
and HCPCS codes G0105 and GO121 for items and services
furnished on or after January 1, 2007, which reflect a 5-
percent increase above the relative value units in effect as
the facility rates for such codes on December 31, 2006, with
such revised payment level to apply to items and services
performed in a facility setting.
``(C) Annual adjustments.--In the case of items and
services furnished on or after January 1, 2007, the payment
rates described in subparagraphs (A) and (B) shall, subject
to the minimum payment amounts established in such
subparagraphs, be adjusted annually as provided in section
1848.''.
(2) No effect on hopd payments.--The Secretary shall not
take into account the provisions of section 1834(d)(4) of the
Social Security Act, as added by subsection (a), in
determining the amount of payment for any covered OPD service
under the prospective payment system for hospitals outpatient
department services under section 1833(t) of such Act (42
U.S.C. 1395l(t)).
(b) Medicare Coverage of Office Visit or Consultation Prior
to a Screening Colonoscopy or in Conjunction With a
Beneficiary's Decision to Obtain Such a Screening.--
(1) Coverage.--Section 1861(s)(2) (42 U.S.C. 1395x(s)(2)),
as amended by section 6117, is amended--
(A) in subparagraph (Z), by striking ``and'' at the end;
(B) in subparagraph (AA), by inserting ``and'' at the end;
and
(C) by adding at the end the following new subparagraph:
``(BB) an outpatient office visit or consultation for the
purpose of beneficiary education, assuring selection of the
proper screening test, and securing information relating to
the procedure and sedation of the beneficiary, prior to a
colorectal cancer screening test consisting of a screening
colonoscopy or in conjunction with the beneficiary's decision
to obtain such a screening, regardless of whether such
screening is medically indicated with respect to the
beneficiary;''.
(2) Payment.--
(A) In general.--Section 1833(a)(1) (42 U.S.C. 1395l(a)(1))
is amended--
(i) by striking ``and'' before ``(V)''; and
(ii) by inserting before the semicolon at the end the
following: ``, and (W) with respect to an outpatient office
visit or consultation under section 1861(s)(2)(BB), the
amounts paid shall be 80 percent of the lesser of the actual
charge or the amount established under section 1848''.
(B) Payment under physician fee schedule.--Section
1848(j)(3) (42 U.S.C. 1395w-4(j)(3)), as amended by section
6117, is amended by inserting ``(2)(BB),'' after
``(2)(AA),''.
(C) Requirement for establishment of payment amount under
physician fee schedule.--Section 1834(d) (42 U.S.C.
1395m(d)), as amended by subsection (a), is amended by adding
at the end the following new paragraph:
``(5) Payment for outpatient office visit or consultation
prior to screening colonoscopy.--With respect to an
outpatient office visit or consultation under section
1861(s)(2)(BB), payment under section 1848 shall be
consistent with the payment amounts for CPT codes 99203 and
99243.''.
(3) Effective date.--The amendments made by this subsection
shall apply to items and services provided on or after
January 1, 2007.
(c) Waiver of Deductible for Colorectal Cancer Screening
Tests.--
(1) In general.--Section 1833(b) (42 U.S.C. 1395l(b)), as
amended by section 6117, is amended in the first sentence--
(A) by striking ``and'' before ``(7)''; and
(B) by inserting before the period at the end the
following: ``, and (8) such deductible shall not apply with
respect to colorectal cancer screening tests (as described in
section 1861(pp)(1))''.
(2) Conforming amendments.--Paragraphs (2)(C)(ii) and
(3)(C)(ii) of section 1834(d) (42 U.S.C. 1395m(d)) are each
amended--
(A) by striking ``deductible and'' in the heading; and
(B) in subclause (I), by striking ``deductible or'' each
place it appears.
(3) Effective date.--The amendments made by this subsection
shall apply to items and services furnished on or after
January 1, 2007.
SEC. 6119. COVERAGE OF MARRIAGE AND FAMILY THERAPIST SERVICES
AND MENTAL HEALTH COUNSELOR SERVICES UNDER PART
B OF THE MEDICARE PROGRAM.
(a) Coverage of Services.--
(1) In general.--Section 1861(s)(2) (42 U.S.C.
1395x(s)(2)), as amended by section 6118(b), is amended--
(A) in subparagraph (AA), by striking ``and'' after the
semicolon at the end;
(B) in subparagraph (BB), by inserting ``and'' after the
semicolon at the end; and
(C) by adding at the end the following new subparagraph:
``(CC) marriage and family therapist services (as defined
in subsection (ccc)(1)) and mental health counselor services
(as defined in subsection (ccc)(3));''.
(2) Definitions.--Section 1861 (42 U.S.C. 1395x), as
amended by section 6117, is amended by adding at the end the
following new subsection:
``Marriage and Family Therapist Services; Marriage and Family
Therapist; Mental Health Counselor Services; Mental Health Counselor
``(ccc)(1) The term `marriage and family therapist
services' means services performed by a marriage and family
therapist (as defined in paragraph (2)) for the diagnosis and
treatment of mental illnesses, which the marriage and family
therapist is legally authorized to perform under State law
(or the State regulatory mechanism provided by State law) of
the State in which such services are performed, as would
otherwise be covered if furnished by a physician or as an
incident to a physician's professional service, but only if
no facility or other provider charges or is paid any amounts
with respect to the furnishing of such services.
``(2) The term `marriage and family therapist' means an
individual who--
``(A) possesses a master's or doctoral degree which
qualifies for licensure or certification as a marriage and
family therapist pursuant to State law;
``(B) after obtaining such degree has performed at least 2
years of clinical supervised experience in marriage and
family therapy; and
``(C) in the case of an individual performing services in a
State that provides for licensure or certification of
marriage and family therapists, is licensed or certified as a
marriage and family therapist in such State.
``(3) The term `mental health counselor services' means
services performed by a mental health counselor (as defined
in paragraph (4)) for the diagnosis and treatment of mental
illnesses which the mental health counselor is legally
authorized to perform under State law (or the State
regulatory mechanism provided by the State law) of the State
in which such services are performed, as would otherwise be
covered if furnished by a physician or as incident to a
physician's professional service, but only if no facility or
other provider charges or is paid any amounts with respect to
the furnishing of such services.
``(4) The term `mental health counselor' means an
individual who--
``(A) possesses a master's or doctor's degree in mental
health counseling or a related field;
``(B) after obtaining such a degree has performed at least
2 years of supervised mental health counselor practice; and
``(C) in the case of an individual performing services in a
State that provides for licensure or certification of mental
health counselors or professional counselors, is licensed or
certified as a mental health counselor or professional
counselor in such State.''.
(3) Provision for payment under part b.--Section
1832(a)(2)(B) (42 U.S.C. 1395k(a)(2)(B)) is amended by adding
at the end the following new clause:
``(v) marriage and family therapist services and mental
health counselor services;''.
(4) Amount of payment.--Section 1833(a)(1) (42 U.S.C.
1395l(a)(1)), as amended by section 6118, is amended--
(A) by striking ``and (W)'' and inserting ``(W)''; and
(B) by inserting before the semicolon at the end the
following: ``, and (X) with respect to marriage and family
therapist services and mental health counselor services under
section 1861(s)(2)(CC), the amounts paid shall be 80 percent
of the lesser of the actual charge for the services or 75
percent of the amount determined for payment of a
psychologist under subparagraph (L)''.
(5) Exclusion of marriage and family therapist services and
mental health counselor services from skilled nursing
facility prospective payment system.--Section
1888(e)(2)(A)(ii) (42 U.S.C. 1395yy(e)(2)(A)(ii)) is amended
by inserting ``marriage and family therapist services (as
defined in section 1861(ccc)(1)), mental health counselor
services (as defined in section 1861(ccc)(3)),'' after
``qualified psychologist services,''.
(6) Inclusion of marriage and family therapists and mental
health counselors as practitioners for assignment of
claims.--Section 1842(b)(18)(C) (42 U.S.C. 1395u(b)(18)(C))
is amended by adding at the end the following new clauses:
``(vii) A marriage and family therapist (as defined in
section 1861(ccc)(2)).
``(viii) A mental health counselor (as defined in section
1861(ccc)(4)).''.
(b) Coverage of Certain Mental Health Services Provided in
Certain Settings.--
(1) Rural health clinics and federally qualified health
centers.--Section 1861(aa)(1)(B) (42 U.S.C. 1395x(aa)(1)(B))
is amended by striking ``or by a clinical social worker (as
defined in subsection (hh)(1)),'' and inserting ``, by a
clinical social worker (as defined in subsection (hh)(1)), by
a marriage and family therapist (as defined in subsection
(ccc)(2)), or by a mental health counselor (as defined in
subsection (ccc)(4)),''.
(2) Hospice programs.--Section 1861(dd)(2)(B)(i)(III) (42
U.S.C. 1395x(dd)(2)(B)(i)(III)) is amended by inserting ``or
one marriage and family therapist (as defined in subsection
(bbb)(2))'' after ``social worker''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to services furnished on or after
January 1, 2007.
______
SA 2420. Mr. GREGG (for Mr. Sununu) proposed an amendment to the bill
S. 1932, to provide for reconciliation pursuant to section 202(a) of
the concurrent resolution on the budget for fiscal year 2006 (H. Con.
Res. 95); as follows:
[[Page S12371]]
On page 94, line 7, after ``(1)'' insert ``not to exceed''.
On page 94, line 13, after ``(2)'' insert ``not to
exceed''.
On page 94, line 19, after ``(3)'' insert ``not to
exceed''.
On page 95, line 1, after ``(4)'' insert ``not to exceed''.
On page 95, line 4, after ``(5)'' insert ``not to exceed''.
On page 95, beginning in line 10, strike ``The amounts
payable'' and insert ``Any amounts that are to be paid''.
On page 95, line 12, after the period insert ``Any amount
in the Fund that is not obligated under subsection (c) by
that date shall be transferred to the general fund of the
Treasury.''.
______
SA 2421. Mr. BURNS (for himself and Mr. Brownback) submitted an
amendment intended to be proposed by him to the bill S. 1932, to
provide for reconciliation pursuant to section 202(a) of the concurrent
resolution on the budget for fiscal year 2006 (H. Con. Res. 95); which
was ordered to lie on the table; as follows:
On page 122, strike line 23 and all that follows through
page 124, line 10, and insert the following:
(3) Effective date.--The amendments made by this subsection
take effect with respect to a State on the date on which a
positive certification is made by the Secretary under
paragraph (4)(B)(ii).
(4) Pharmacy reimbursement study.--
(A) Study and report.--
(i) Study.--The Secretary shall conduct a pharmacy
reimbursement study comparing weighted AMP (as determined
under section 1927(k)(1)(C) of the Social Security Act, as
added by subsection (a)) to actual retail pharmacy
acquisition costs and the cost of dispensing a prescription.
The study shall include an analysis of the range in variation
that can occur related to acquisition and dispensing costs
with respect to chain and independent rural and urban
pharmacies.
(ii) Report.--Not later than October 1, 2006, the Secretary
shall submit a report to Congress on the results of the study
conducted under this subparagraph that includes
recommendations on dispensing fee levels that would
adequately reimburse pharmacies and encourage the use of
cost-effective generic drugs when appropriate.
(B) Certification.--
(i) Determination.--Upon review of the findings of the
study conducted under subparagraph (A), the Secretary shall
make a determination as to whether the amendments made by
this subsection would have a negative impact on access to
healthcare.
(ii) Positive certification.--If the Secretary makes a
determination under clause (i) that the amendments made by
this subsection will not have such negative impact, the
Secretary shall submit a positive certification to that
effect.
(c) Interim Upper Payment Limit.--
(1) In general.--With respect to a State program under
title XIX of the Social Security Act, during the period that
begins on January 1, 2006, and ends on the date on which a
positive certification is made by the Secretary under
subsection (b)(4)(B)(ii), the Secretary shall--
(A) apply the Federal upper payment limit established under
section 447.332(b) of title 42, Code of Federal Regulations
to the State by substituting ``125 percent'' for ``150
percent''; and
(B) in the case of covered outpatient drugs under title XIX
of such Act that are marketed as of July 1, 2005, and are
subject to Federal upper payment limits that apply under
section 447.332 of title 42, Code of Federal Regulations, use
average wholesale prices, direct prices, and wholesale
acquisition costs for such drugs that do not exceed such
prices and costs as of such date to determine the Federal
upper payment limits that apply under section 447.332 of
title 42, Code of Federal Regulations to such drugs during
such period.
(2) Application to new drugs.--Paragraph (1)(A) shall apply
to a covered outpatient drug under title XIX of the Social
Security Act that is first marketed after July 1, 2005, but
before the date on which a positive certification is made by
the Secretary under subsection (b)(4)(B)(ii), and is subject
to the Federal upper payment limit established under section
447.332(b) of title 42, Code of Federal Regulations.
______
SA 2422. Mr. CONRAD (for himself and Mr. Salazar) proposed an
amendment to the bill S. 1932, to provide for reconciliation pursuant
to section 202(a) of the concurrent resolution on the budget for fiscal
year 2006 (H. Con. Res. 95); as follows:
On page 121, after line 25, add the following:
``(5) Rules applicable to critical access retail
pharmacies.--
``(A) Reimbursement limits.--Notwithstanding paragraph
(2)(A), in the case of a critical access retail pharmacy (as
defined in subparagraph (C)), the upper payment limit--
``(i) for the ingredient cost of a single source drug, is
the lesser of--
``(I) 108 percent of the average manufacturer price for the
drug; or
``(II) the wholesale acquisition cost for the drug; and
``(ii) for the ingredient cost of a multiple source drug,
is the lesser of--
``(II) 140 percent of the weighted average manufacturer
price for the drug; or
``(II) the wholesale acquisition cost for the drug.
``(B) Application of other provisions.--The preceding
provisions of this subsection shall apply with respect to
reimbursement to a critical access retail pharmacy in the
same manner as such provisions apply to reimbursement to
other retail pharmacies except that, in establishing the
dispensing fee for a critical access pharmacy the Secretary,
in addition to the factors required under paragraph (4),
shall include consideration of the costs associated with
operating a critical access retail pharmacy.
``(C) Critical access retail pharmacy defined.--For
purposes of subparagraph (A), the term `critical access
retail pharmacy' means an retail pharmacy that is not within
a 20-mile radius of another retail pharmacy.''.
(2) Increase in basic rebate for single source drugs and
innovator multiple source drugs.--Section
1927(c)(1)(B)(i)(VI) (42 U.S.C. 1396r-8(c)(1)(B)(i)(VI), as
added by section 6002(a)(3), is amended by striking ``17''
and inserting ``18.1''.
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Senate amendment submitted
November 3, 2005