To provide emergency agricultural disaster assistance.

TEXT OF AMENDMENTS

SA 5194. Mr. COBURN submitted an amendment intended to be proposed by
him to the bill H.R. 5384, making appropriations for Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies for the
fiscal year ending September 30, 2007, and for other purposes; which
was ordered to lie on the table; as follows:

At the appropriate place, add the following:
Notwithstanding any other provision of this Act, none of the
funds appropriated or otherwise made available in this Act
may be available for Bee Genetic Resources Research, and the
total amount made available in this Act is reduced by
$100,000.
______

SA 5195. Mr. COBURN submitted an amendment intended to be proposed by
him to the bill H.R. 5384, making appropriations for Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies for the
fiscal year ending September 30, 2007, and for other purposes; which
was ordered to lie on the table; as follows:

At the appropriate place, add the following:
Notwithstanding any other provision of this Act, none of the
funds appropriated or otherwise made available in this Act
may be available for the Food Marketing Policy Center, and
the total amount made available in this Act is reduced by
$573,000.
______

SA 5196. Mr. COBURN submitted an amendment intended to be proposed by
him to the bill H.R. 5384, making appropriations for Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies for the
fiscal year ending September 30, 2007, and for other purposes; which
was ordered to lie on the table; as follows:

At the appropriate place, add the following:
Notwithstanding any other provision of this Act, none of the
funds appropriated or otherwise made available in this Act
may be available for Berry research, and the total amount
made available in this Act is reduced by $1,287,000.
______

SA 5197. Mr. COBURN submitted an amendment intended to be proposed by

[[Page S11201]]

him to the bill H.R. 5384, making appropriations for Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies for the
fiscal year ending September 30, 2007, and for other purposes; which
was ordered to lie on the table; as follows:

At the appropriate place, add the following:
Notwithstanding any other provision of this Act, none of the
funds appropriated or otherwise made available in this Act
may be available for Citrus Waste Utilization, and the total
amount made available in this Act is reduced by $392,832.
______

SA 5198. Mr. COBURN submitted an amendment intended to be proposed by
him to the bill H.R. 5384, making appropriations for Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies for the
fiscal year ending September 30, 2007, and for other purposes; which
was ordered to lie on the table; as follows:

At the appropriate place, add the following:
Notwithstanding any other provision of this Act, none of the
funds appropriated or otherwise made available in this Act
may be available for a catfish grading system, and the total
amount made available in this Act is reduced by $100,000.

______

SA 5199. Mr. COBURN submitted an amendment intended to be proposed by
him to the bill H.R. 5384, making appropriations for Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies for the
fiscal year ending September 30, 2007, and for other purposes; which
was ordered to lie on the table; as follows:

At the appropriate place, add the following:
Notwithstanding any other provision of this Act, none of the
funds appropriated or otherwise made available in this Act
may be available for Illinois River Agricultural Water
Conservation, and the total amount made available in this Act
is reduced by $240,000.
______

SA 5200. Mr. COBURN submitted an amendment intended to be proposed by
him to the bill H.R. 5384, making appropriations for Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies for the
fiscal year ending September 30, 2007, and for other purposes; which
was ordered to lie on the table; as follows:

At the appropriate place, add the following:
Notwithstanding any other provision of this Act, none of the
funds appropriated or otherwise made available in this Act
may be available for Urban horticulture, and the total amount
made available in this Act is reduced by $809,000.
______

SA 5201. Mr. COBURN submitted an amendment intended to be proposed by
him to the bill H.R. 5384, making appropriations for Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies for the
fiscal year ending September 30, 2007, and for other purposes; which
was ordered to lie on the table; as follows:

At the appropriate place, add the following:
Notwithstanding any other provision of this Act, none of the
funds appropriated or otherwise made available in this Act
may be available for Pineapple Nematode Research, and the
total amount made available in this Act is reduced by
$283,707.
______

SA 5202. Mr. COBURN submitted an amendment intended to be proposed by
him to the bill H.R. 5384, making appropriations for Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies for the
fiscal year ending September 30, 2007, and for other purposes; which
was ordered to lie on the table; as follows:

At the appropriate place, add the following:
Notwithstanding any other provision of this Act, none of the
funds appropriated or otherwise made available in this Act
may be available for the construction of an entrance to the
U.S. National Arboretum, and the total amount made available
in this Act is reduced by $1,500,000.
______

SA 5203. Mr. COBURN submitted an amendment intended to be proposed by
him to the bill H.R. 5384, making appropriations for Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies for the
fiscal year ending September 30, 2007, and for other purposes; which
was ordered to lie on the table; as follows:

At the appropriate place, add the following:
Notwithstanding any other provision of this Act, none of the
funds appropriated or otherwise made available in this Act
may be available for beaver control activities, and the total
amount made available in this Act is reduced by $623,000.
______

SA 5204. Mr. GRASSLEY submitted an amendment intended to be proposed
by him to the bill H.R. 5384, making appropriations for Agriculture,
Rural Development, Food and Drug Administration, and Related Agencies
for the fiscal year ending September 30, 2007, and for other purposes;
which was ordered to lie on the table; as follows:

At the end of title VII, add the following:
Sec. 7__. Notwithstanding any other provision of law, no
national ambient air quality standard for particulate matter
promulgated pursuant to the Clean Air Act (42 U.S.C. 7401 et
seq.) shall be enforced by the Federal Government, or
required by the Federal Government to be enforced by any
State or local government, with respect to particulate matter
deposited in the ambient air as a result of the conduct of an
agricultural activity (as that term is defined by the
Secretary of Agriculture).
______

SA 5205. Mr. CONRAD (for himself, Mr. Coleman, Mr. Dorgan, Mr.
Roberts, Mr. Nelson of Nebraska, Mr. Hagel, Mr. Johnson, Mr. Thune, Mr.
Baucus, Mr. Burns, Mr. Salazar, Mr. Bond, Mr. Harkin, Mr. Reid, Mr.
Leahy, Mr. Dayton, Mr. Durbin, Ms. Cantwell, Ms. Landrieu, Mr. Inouye,
Mrs. Feinstein, Mrs. Clinton, Mrs. Boxer, Mr. Obama, Mr. Akaka, Mr.
Jeffords, Mr. Schumer, and Mr. Biden) proposed an amendment to the bill
H.R. 5384, making appropriations for Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies for the fiscal year
ending September 30, 2007, and for other purposes; as follows:

Strike title VIII and insert the following:

TITLE VIII--EMERGENCY FARM RELIEF

SEC. 801. SHORT TITLE.

This title may be cited as the ``Emergency Farm Relief Act
of 2006''.

SEC. 802. DEFINITIONS.

In this title:
(1) Additional coverage.--The term ``additional coverage''
has the meaning given the term in section 502(b)(1) of the
Federal Crop Insurance Act (7 U.S.C. 1502(b)(1)).
(2) Disaster county.--The term ``disaster county'' means--
(A) a county included in the geographic area covered by a
natural disaster declaration; and
(B) each county contiguous to a county described in
subparagraph (A).
(3) Hurricane-affected county.--The term ``hurricane-
affected county'' means--
(A) a county included in the geographic area covered by a
natural disaster declaration related to Hurricane Katrina,
Hurricane Rita, Hurricane Wilma, or a related condition; and
(B) each county contiguous to a county described in
subparagraph (A).
(4) Insurable commodity.--The term ``insurable commodity''
means an agricultural commodity (excluding livestock) for
which the producers on a farm are eligible to obtain a policy
or plan of insurance under the Federal Crop Insurance Act (7
U.S.C. 1501 et seq.).
(5) Livestock.--The term ``livestock'' includes--
(A) cattle (including dairy cattle);
(B) bison;
(C) sheep;
(D) swine; and
(E) other livestock, as determined by the Secretary.
(6) Natural disaster declaration.--The term ``natural
disaster declaration'' means a natural disaster declared by
the Secretary during calendar year 2005 or 2006 under section
321(a) of the Consolidated Farm and Rural Development Act (7
U.S.C. 1961(a)).
(7) Noninsurable commodity.--The term ``noninsurable
commodity'' means a crop for which the producers on a farm
are eligible to obtain assistance under section 196 of the
Federal Agriculture Improvement and Reform Act of 1996 (7
U.S.C. 7333).
(8) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.

Subtitle A--Agricultural Production Losses

SEC. 811. CROP DISASTER ASSISTANCE.

(a) In General.--The Secretary shall use such sums as are
necessary of funds of the Commodity Credit Corporation to
make emergency financial assistance authorized under this
section available to producers on a farm that have incurred
qualifying losses described in subsection (c).
(b) Administration.--
(1) In general.--Except as provided in paragraph (2), the
Secretary shall make assistance available under this section
in the same manner as provided under section 815 of the
Agriculture, Rural Development, Food and Drug Administration
and Related Agencies Appropriations Act, 2001 (Public Law
106-387; 114 Stat. 1549A-55), including using the same loss
thresholds for quantity and economic losses as were used in
administering that section, except that the payment rate
shall be 45 percent of the established price, instead of 65
percent.
(2) Noninsured producers.--For producers on a farm that
were eligible to acquire crop insurance for the applicable
production loss and failed to do so or failed to submit an
application for the noninsured assistance program for the
loss, the Secretary shall make assistance in accordance with
paragraph (1), except that the payment rate shall be 20
percent of the established price, instead of 50 percent.
(c) Qualifying Losses.--Assistance under this section shall
be made available to producers on farms, other than producers
of

[[Page S11202]]

sugar beets, that incurred qualifying quantity or quality
losses for the 2005 or 2006 crop, or both, due to damaging
weather or any related condition (including losses due to
crop diseases, insects, and delayed harvest), as determined
by the Secretary.
(d) Quality Losses.--
(1) In general.--In addition to any payment received under
subsection (b), the Secretary shall use such sums as are
necessary of funds of the Commodity Credit Corporation to
make payments to producers on a farm described in subsection
(a) that incurred a quality loss for the 2005 or 2006 crop,
or both, of a commodity in an amount equal to the product
obtained by multiplying--
(A) the payment quantity determined under paragraph (2);
(B)(i) in the case of an insurable commodity, the coverage
level elected by the insured under the policy or plan of
insurance under the Federal Crop Insurance Act (7 U.S.C. 1501
et seq.); or
(ii) in the case of a noninsurable commodity, the
applicable coverage level for the payment quantity determined
under paragraph (2); by
(C) 45 percent of the payment rate determined under
paragraph (3).
(2) Payment quantity.--For the purpose of paragraph (1)(A),
the payment quantity for quality losses for a crop of a
commodity on a farm shall equal the lesser of--
(A) the actual production of the crop affected by a quality
loss of the commodity on the farm; or
(B)(i) in the case of an insurable commodity, the actual
production history for the commodity by the producers on the
farm under the Federal Crop Insurance Act (7 U.S.C. 1501 et
seq.); or
(ii) in the case of a noninsurable commodity, the
established yield for the crop for the producers on the farm
under section 196 of the Federal Agriculture Improvement and
Reform Act of 1996 (7 U.S.C. 7333).
(3) Payment rate.--
(A) In general.--For the purpose of paragraph (1)(B), the
payment rate for quality losses for a crop of a commodity on
a farm shall be equal to the difference between (as
determined by the applicable State committee of the Farm
Service Agency)--
(i) the per unit market value that the units of the crop
affected by the quality loss would have had if the crop had
not suffered a quality loss; and
(ii) the per unit market value of the units of the crop
affected by the quality loss.
(B) Factors.--In determining the payment rate for quality
losses for a crop of a commodity on a farm, the applicable
State committee of the Farm Service Agency shall take into
account--
(i) the average local market quality discounts that
purchasers applied to the commodity during the first 2 months
following the normal harvest period for the commodity;
(ii) the loan rate and repayment rate established for the
commodity under the marketing loan program established for
the commodity under subtitle B of title I of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 7931 et
seq.);
(iii) the market value of the commodity if sold into a
secondary market; and
(iv) other factors determined appropriate by the committee.
(4) Eligibility.--
(A) In general.--For producers on a farm to be eligible to
obtain a payment for a quality loss for a crop under this
subsection--
(i) the amount obtained by multiplying the per unit loss
determined under paragraph (1) by the number of units
affected by the quality loss shall be reduced by the amount
of any indemnification received by the producers on the farm
for quality loss adjustment for the commodity under a policy
or plan of insurance under the Federal Crop Insurance Act (7
U.S.C. 1501 et seq.); and
(ii) the remainder shall be at least 25 percent of the
value that all affected production of the crop would have had
if the crop had not suffered a quality loss.
(B) Ineligibility.--If the amount of a quality loss payment
for a commodity for the producers on a farm determined under
this paragraph is equal to or less than zero, the producers
on the farm shall be ineligible for assistance for the
commodity under this subsection.
(5) Eligible production.--The Secretary shall carry out
this subsection in a fair and equitable manner for all
eligible production, including the production of fruits and
vegetables, other specialty crops, and field crops.
(e) Timing.--
(1) In general.--Subject to paragraph (2), the Secretary
shall make payments to producers on a farm for a crop under
this section not later than 60 days after the date the
producers on the farm submit to the Secretary a completed
application for the payments.
(2) Interest.--If the Secretary does not make payments to
the producers on a farm by the date described in paragraph
(1), the Secretary shall pay to the producers on a farm
interest on the payments at a rate equal to the current (as
of the sign-up deadline established by the Secretary) market
yield on outstanding, marketable obligations of the United
States with maturities of 30 years.

SEC. 812. DAIRY ASSISTANCE.

The Secretary shall use $95,000,000 of funds of the
Commodity Credit Corporation to make payments to dairy
producers for dairy production losses in disaster counties.

SEC. 813. ALTERNATIVE DISASTER ASSISTANCE.

(a) Definitions.--
(1) Covered commodity.--The term ``covered commodity'' has
the meaning given the term in section 1001 of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 7901)).
(2) Eligible producer.--In this section, the term
``eligible producer'' means a producer on a farm (including a
dairy producer) that elects not to apply for assistance for
the 2005 or 2006 production year, or both, under section 811
or 812.
(3) Production year.--The term ``production year'' means--
(A) in the case of a covered commodity, a crop year; and
(B) in the case of milk, a calendar year.
(b) Alternative Disaster Assistance.--The Secretary shall
use such funds of the Commodity Credit Corporation as are
necessary to make direct payments to eligible producers for
the 2005 production year to compensate the eligible producers
for increased operating, marketing, and transportation costs
related to rising energy prices due to hurricanes during the
2005 production year and other energy market factors.
(c) Requirement.--To be eligible to receive assistance
under this section, an eligible producer shall demonstrate in
accordance with conditions established by the Secretary that
the eligible producer had a loss in net farm income in the
2005 production year as compared to the 2004 production year.
(d) Payment Rate.--
(1) Crop producers.--The Secretary shall make supplemental
direct payments under this section to eligible producers of
covered commodities in an amount equal to 25 percent of the
direct payments the Secretary made to the producers for the
2005 crop year under sections 1103 and 1303 of that Act (7
U.S.C. 7913, 7953).
(2) Dairy producers.--The Secretary shall make direct
payments under this section to eligible producers that were
eligible for payments under section 1502 of the Farm Security
and Rural Investment Act of 2002 (7 U.S.C. 7982) at a rate
equal to $0.12 per hundredweight for all milk produced and
marketed by the eligible producers during the 2005 calendar
year.
(e) Payment Limitations.--
(1) In general.--The total amount of payments made to a
person (as defined in section 1001(e) of the Food Security
Act of 1985 (7 U.S.C. 1308(e)) under this section shall not
exceed $10,000.
(2) Relation to lost income.--The total amount of payments
to an eligible producer under this section may not exceed the
loss of net farm income of the eligible producer during the
2005 production year, as determined by the Secretary.

SEC. 814. LIVESTOCK ASSISTANCE.

(a) Livestock Compensation Program.--
(1) Use of commodity credit corporation funds.--Effective
beginning on the date of enactment of this Act, the Secretary
shall use funds of the Commodity Credit Corporation to carry
out the 2002 Livestock Compensation Program announced by the
Secretary on October 10, 2002 (67 Fed. Reg. 63070), to
provide compensation for livestock losses during calendar
years 2005 and 2006 for losses due to a disaster, as
determined by the Secretary, except that the payment rate
shall be 70 percent of the payment rate established for the
2002 Livestock Compensation Program.
(2) Eligible applicants.--In carrying out the program
described in paragraph (1), the Secretary shall provide
assistance to any applicant for livestock losses during
calendar year 2005 or 2006, or both, that--
(A)(i) conducts a livestock operation that is located in a
disaster county, including any applicant conducting a
livestock operation with eligible livestock (within the
meaning of the livestock assistance program under section
101(b) of division B of Public Law 108-324 (118 Stat. 1234));
or
(ii) produces an animal described in section 10806(a)(1) of
the Farm Security and Rural Investment Act of 2002 (21 U.S.C.
321d(a)(1));
(B) demonstrates to the Secretary that the applicant
suffered a material loss of pasture or hay production, or
experienced substantially increased feed costs, due to
damaging weather or a related condition during the calendar
year, as determined by the Secretary; and
(C) meets all other eligibility requirements established by
the Secretary for the program.
(3) Mitigation.--In determining the eligibility for or
amount of payments for which a producer is eligible under the
livestock compensation program, the Secretary shall not
penalize a producer that takes actions (recognizing disaster
conditions) that reduce the average number of livestock the
producer owned for grazing during the production year for
which assistance is being provided.
(b) Livestock Indemnity Payments.--
(1) In general.--The Secretary shall use such sums as are
necessary of funds of the Commodity Credit Corporation to
make livestock indemnity payments to producers on farms that
have incurred livestock losses during calendar years 2005 and
2006 for losses that occurred prior to the date of enactment
of this Act (including wildfire disaster losses in the State
of Texas and other States) due to a disaster, as determined
by the Secretary, including losses due to hurricanes, floods,
anthrax, wildfires, and extreme heat.
(2) Payment rates.--Indemnity payments to a producer on a
farm under paragraph (1) shall be made at a rate of not less
than 30

[[Page S11203]]

percent of the market value of the applicable livestock on
the day before the date of death of the livestock, as
determined by the Secretary.
(c) Ewe Lamb Replacement and Retention.--
(1) In general.--The Secretary shall use $13,000,000 of
funds of the Commodity Credit Corporation to make payments to
producers located in disaster counties under the Ewe Lamb
Replacement and Retention Payment Program under part 784 of
title 7, Code of Federal Regulations (or a successor
regulation) for each qualifying ewe lamb retained or
purchased during the period beginning on January 1, 2006, and
ending on December 31, 2006, by the producers.
(2) Ineligibility for other assistance.--A producer that
receives assistance under this subsection shall not be
eligible to receive assistance under subsection (a).

SEC. 815. FLOODED CROP AND GRAZING LAND.

(a) In General.--The Secretary shall compensate eligible
owners of flooded crop and grazing land in--
(1) the Devils Lake basin; and
(2) the McHugh, Lake Laretta, and Rose Lake closed drainage
areas of the State of North Dakota.
(b) Eligibility.--
(1) In general.--To be eligible to receive compensation
under this section, an owner shall own land described in
subsection (a) that, during the 2 crop years preceding
receipt of compensation, was rendered incapable of use for
the production of an agricultural commodity or for grazing
purposes (in a manner consistent with the historical use of
the land) as the result of flooding, as determined by the
Secretary.
(2) Inclusions.--Land described in paragraph (1) shall
include--
(A) land that has been flooded;
(B) land that has been rendered inaccessible due to
flooding; and
(C) a reasonable buffer strip adjoining the flooded land,
as determined by the Secretary.
(3) Administration.--The Secretary may establish--
(A) reasonable minimum acreage levels for individual
parcels of land for which owners may receive compensation
under this section; and
(B) the location and area of adjoining flooded land for
which owners may receive compensation under this section.
(c) Sign-up.--The Secretary shall establish a sign-up
program for eligible owners to apply for compensation from
the Secretary under this section.
(d) Compensation Payments.--
(1) In general.--Subject to paragraphs (2) and (3), the
rate of an annual compensation payment under this section
shall be equal to 90 percent of the average annual per acre
rental payment rate (at the time of entry into the contract)
for comparable crop or grazing land that has not been flooded
and remains in production in the county where the flooded
land is located, as determined by the Secretary.
(2) Reduction.--An annual compensation payment under this
section shall be reduced by the amount of any conservation
program rental payments or Federal agricultural commodity
program payments received by the owner for the land during
any crop year for which compensation is received under this
section.
(3) Exclusion.--During any year in which an owner receives
compensation for flooded land under this section, the owner
shall not be eligible to participate in or receive benefits
for the flooded land under--
(A) the Federal crop insurance program established under
the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.);
(B) the noninsured crop assistance program established
under section 196 of the Federal Agriculture Improvement and
Reform Act of 1996 (7 U.S.C. 7333); or
(C) any Federal agricultural crop disaster assistance
program.
(e) Relationship to Agricultural Commodity Programs.--The
Secretary, by regulation, shall provide for the preservation
of cropland base, allotment history, and payment yields
applicable to land described in subsection (a) that was
rendered incapable of use for the production of an
agricultural commodity or for grazing purposes as the result
of flooding.
(f) Use of Land.--
(1) In general.--An owner that receives compensation under
this section for flooded land shall take such actions as are
necessary to not degrade any wildlife habitat on the land
that has naturally developed as a result of the flooding.
(2) Recreational activities.--To encourage owners that
receive compensation for flooded land to allow public access
to and use of the land for recreational activities, as
determined by the Secretary, the Secretary may--
(A) offer an eligible owner additional compensation; and
(B) provide compensation for additional acreage under this
section.
(g) Funding.--
(1) In general.--The Secretary shall use $6,000,000 of
funds of the Commodity Credit Corporation to carry out this
section.
(2) Pro-rated payments.--In a case in which the amount made
available under paragraph (1) for a fiscal year is
insufficient to compensate all eligible owners under this
section, the Secretary shall pro-rate payments for that
fiscal year on a per acre basis.

SEC. 816. SUGAR BEET AND SUGAR CANE DISASTER ASSISTANCE.

(a) In General.--The Secretary shall use $24,000,000 of
funds of the Commodity Credit Corporation to provide
assistance to sugar beet producers that suffered production
losses (including quality losses) for the 2005 or 2006 crop
year.
(b) Requirement.--The Secretary shall make payments under
subsection (a) in the same manner as payments were made under
section 208 of the Agricultural Assistance Act of 2003
(Public Law 108-7; 117 Stat. 544), including using the same
indemnity benefits as were used in carrying out that section.
(c) Hawaii.--The Secretary shall use $3,000,000 of funds of
the Commodity Credit Corporation to assist sugarcane growers
in Hawaii by making a payment in that amount to an
agricultural transportation cooperative in Hawaii, the
members of which are eligible to obtain a loan under section
156(a) of the Federal Agriculture Improvement and Reform Act
of 1996 (7 U.S.C. 7272(a)).

SEC. 817. NONINSURED CROP ASSISTANCE PROGRAM.

Section 196(c) of the Federal Agriculture Improvement and
Reform Act of 1996 (7 U.S.C. 7333(c)) is amended by adding at
the end the following:
``(5) Loss assessment for grazing.--The Secretary shall
permit the use of 1 claims adjustor certified by the
Secretary to assess the quantity of loss on the acreage or
allotment of a producer devoted to grazing for livestock
under this section.''.

SEC. 818. REDUCTION IN PAYMENTS.

The amount of any payment for which a producer is eligible
under this subtitle shall be reduced by any amount received
by the producer for the same loss or any similar loss under--
(1) the Department of Defense, Emergency Supplemental
Appropriations to Address Hurricanes in the Gulf of Mexico,
and Pandemic Influenza Act, 2006 (Public Law 109-148; 119
Stat. 2680);
(2) an agricultural disaster assistance provision contained
in the announcement of the Secretary on January 26, 2006, or
August 29, 2006;
(3) the Emergency Supplemental Appropriations Act for
Defense, the Global War on Terror, and Hurricane Recovery,
2006 (Public Law 109-234; 120 Stat. 418); or
(4) the Livestock Assistance Grant Program announced by the
Secretary on August 29, 2006.

Subtitle B--Small Business Economic Loss Grant Program

SEC. 821. SMALL BUSINESS ECONOMIC LOSS GRANT PROGRAM.

(a) Definition of Qualified State.--In this section, the
term ``qualified State'' means a State in which at least 50
percent of the counties of the State were declared to be
primary agricultural disaster areas by the Secretary during
the 2005 or 2006 crop year.
(b) Grants to Qualified States.--
(1) In general.--The Secretary shall use $100,000,000 of
funds of the Commodity Credit Corporation to make grants to
State departments of agriculture or comparable State agencies
in qualified States.
(2) Amount.--
(A) In general.--Subject to subparagraph (B), the Secretary
shall allocate grants among qualified States described in
paragraph (1) based on the average value of agricultural
sector production in the qualified State, determined as a
percentage of the gross domestic product of the qualified
State.
(B) Minimum amount.--The minimum amount of a grant under
this subsection shall be $500,000.
(3) Requirement.--To be eligible to receive a grant under
this subsection, a qualified State shall agree to carry out
an expedited disaster assistance program to provide direct
payments to qualified small businesses in accordance with
subsection (c).
(c) Direct Payments to Qualified Small Businesses.--
(1) In general.--In carrying out an expedited disaster
assistance program described in subsection (b)(3), a
qualified State shall provide direct payments to eligible
small businesses in the qualified State that suffered
material economic losses during the 2005 or 2006 crop year as
a direct result of weather-related agricultural losses to the
crop or livestock production sectors of the qualified State,
as determined by the Secretary.
(2) Eligibility.--
(A) In general.--To be eligible to receive a direct payment
under paragraph (1), a small business shall--
(i) have less than $15,000,000 in average annual gross
income from all business activities, at least 75 percent of
which shall be directly related to production agriculture or
agriculture support industries, as determined by the
Secretary;
(ii) verify the amount of economic loss attributable to
weather-related agricultural losses using such documentation
as the Secretary and the head of the qualified State agency
may require;
(iii) have suffered losses attributable to weather-related
agricultural disasters that equal at least 50 percent of the
total economic loss of the small business for each year a
grant is requested; and
(iv) demonstrate that the grant will materially improve the
likelihood the business will--

(I) recover from the disaster; and
(II) continue to service and support production
agriculture.

(3) Requirements.--A direct payment to small business under
this subsection shall--

[[Page S11204]]

(A) be limited to not more than 2 years of documented
losses; and
(B) be in an amount of not more than 75 percent of the
documented average economic loss attributable to weather-
related agriculture disasters for each eligible year in the
qualified State.
(4) Insufficient funding.--If the grant funds received by a
qualified State agency under subsection (b) are insufficient
to fund the direct payments of the qualified State agency
under this subsection, the qualified State agency may apply a
proportional reduction to all of the direct payments.

Subtitle C--Conservation

SEC. 831. EMERGENCY CONSERVATION PROGRAM.

(a) In General.--The Secretary shall use an additional
$35,000,000 of funds of the Commodity Credit Corporation to
carry out emergency measures, including wildfire recovery
efforts in Montana and other States, identified by the
Administrator of the Farm Service Agency as of the date of
enactment of this Act through the emergency conservation
program established under title IV of the Agricultural Credit
Act of 1978 (16 U.S.C. 2201 et seq.), of which $3,000,000
shall be to repair broken irrigation pipelines and damaged
and collapsed water tanks on the Big Island in the State of
Hawaii, including $2,000,000 to repair stone fences on cattle
ranches in the Kona and Kohala areas and $1,000,000 to
provide emergency loans for losses of agricultural income due
to the earthquake of October 15, 2006.
(b) Kohala Ditch System.--The Secretary shall use
$2,000,000 of funds of the Commodity Credit Corporation to
provide a grant to the Big Island Resource Conservation and
Development Council, Incorporated, to repair the Kohala Ditch
system.

SEC. 832. EMERGENCY WATERSHED PROTECTION PROGRAM.

The Secretary shall use an additional $70,000,000 of funds
of the Commodity Credit Corporation to carry out emergency
measures identified by the Chief of the Natural Resources
Conservation Service as of the date of enactment of this Act
through the emergency watershed protection program
established under section 403 of the Agricultural Credit Act
of 1978 (16 U.S.C. 2203), of which $10,000,000 shall be for
emergency measures on the Big Island in the State of Hawaii,
including $6,000,000 to repair the Lower Hamakua Ditch and
$4,000,000 to repair the Waimea Irrigation System/Upper
Hamakua Ditch.

SEC. 833. ENVIRONMENTAL QUALITY INCENTIVES PROGRAM.

The Secretary shall use an additional $75,000,000 of funds
of the Commodity Credit Corporation to carry out emergency
measures identified by the Secretary through the
environmental quality incentives program established under
chapter 4 of subtitle D of title XII of the Food Security Act
of 1985 (16 U.S.C. 3839aa et seq.), of which not less than
$40,000,000 shall be used to carry out wildfire recovery
efforts (including in Montana and other States).

Subtitle D--Farm Service Agency

SEC. 841. FUNDING FOR ADDITIONAL PERSONNEL.

The Secretary shall use $9,000,000 of funds of the
Commodity Credit Corporation to hire additional County Farm
Service Agency personnel--
(1) to expedite the implementation of, and delivery under,
the agricultural disaster and economic assistance programs
under this title; and
(2) as the Secretary determines to be necessary to carry
out other agriculture and disaster assistance programs.

Subtitle E--Miscellaneous

SEC. 851. CONTRACT WAIVER.

In carrying out section 101(a)(5) of the Emergency
Supplemental Appropriations for Hurricane Disasters
Assistance Act, 2005 (Public Law 108-324; 118 Stat. 1233),
the Secretary shall not require participation in a crop
insurance pilot program relating to forage.

SEC. 852. FUNDING.

The Secretary shall use the funds, facilities, and
authorities of the Commodity Credit Corporation to carry out
this title, to remain available until expended.

SEC. 853. REGULATIONS.

(a) In General.--The Secretary may promulgate such
regulations as are necessary to implement this title.
(b) Procedure.--The promulgation of the regulations and
administration of this title shall be made without regard
to--
(1) the notice and comment provisions of section 553 of
title 5, United States Code;
(2) the Statement of Policy of the Secretary of Agriculture
effective July 24, 1971 (36 Fed. Reg. 13804), relating to
notices of proposed rulemaking and public participation in
rulemaking; and
(3) chapter 35 of title 44, United States Code (commonly
known as the ``Paperwork Reduction Act'').
(c) Congressional Review of Agency Rulemaking.--In carrying
out this section, the Secretary shall use the authority
provided under section 808 of title 5, United States Code.

Subtitle F--Emergency Designation

SEC. 871. EMERGENCY DESIGNATION.

The amounts provided under this title are designated as an
emergency requirement pursuant to section 402 of H. Con. Res.
95 (109th Congress).

______

SA 5206. Mr. ALLEN submitted an amendment intended to be proposed by
him to the bill H.R. 5384, making appropriations for Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies for the
fiscal year ending September 30, 2007, and for other purposes; which
was ordered to lie on the table; as follows:

At the end of title VIII, add the following:

TITLE IX--PIGFORDS CLAIMS REMEDY ACT

SEC. 901. SHORT TITLE.

This title may be cited as the ``Pigford Claims Remedy Act
of 2006''.

SEC. 902. DETERMINATION ON MERITS OF PIGFORD CLAIMS.

(a) In General.--Any Pigford claimant who has not
previously obtained a determination on the merits of a
Pigford claim may, in a civil action, obtain that
determination.
(b) Intent of Congress as to Remedial Nature of Section.--
It is the intent of Congress that this section be liberally
construed so as to effectuate its remedial purpose of giving
a full determination on the merits for each Pigford claim
denied that determination.
(c) Definitions.--In this title--
(1) the term ``Pigford claimant'' means an individual who
previously submitted a late-filing request under section 5(g)
of the consent decree in the case of Pigford v. Glickman,
approved by the United States District Court for the District
of Columbia on April 14, 1999; and
(2) the term ``Pigford claim'' means a discrimination
complaint, as defined by section 1(h) of that consent decree
and documented under section 5(b) of that consent decree.
______

SA 5207. Mr. BOND submitted an amendment intended to be proposed by
him to the bill H.R. 5384, making appropriations for Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies for the
fiscal year ending September 30, 2007, and for other purposes; which
was ordered to lie on the table; as follows:

At the end of title VII, add the following:
Sec. ___. (a) Notwithstanding any other provision of law,
the University of Missouri (referred to in this section as
the ``University'') may expand the vivarium capacity of the
University in the lower level of the National Plant Genetics
Security Center (referred to in this section as the
``Center'') in Columbia, Missouri.
(b) Funds used for costs relating to the expansion of the
vivarium capacity of the University under subsection (a)
shall be derived from sources other than the Agricultural
Research Service.
(c) The Agricultural Research Service shall complete the
design of, and construct, the lower level of the Center to
expand the vivarium capacity of the University under
subsection (a).
(d) Title to the lower level of the Center made available
to expand the vivarium capacity of the University under
subsection (a) shall be held by the Agricultural Research
Service.
______

SA 5208. Mr. INHOFE submitted an amendment intended to be proposed by
him to the bill H.R. 5384, making appropriations for Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies for the
fiscal year ending September 30, 2007, and for other purposes; which
was ordered to lie on the table; as follows:

On page 175, between lines 9 and 10, insert the following:
Sec. 758. (a) Until receipt of the decennial census in the
year 2010, the city of Perkins, Oklahoma shall be considered
by the Secretary of Agriculture to be a rural area for
purposes of eligibility for water or waste disposal grants
and direct or guaranteed loans under paragraph (1) or (2) of
section 306(a) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1926(a)).
(b) The city of Perkins, Oklahoma, including individuals
and entities with projects in the city, shall be eligible for
the grants and loans described in subsection (a) in an amount
of 75 percent of the project cost regardless of calculated
per capita income of the residents of the city.
______

SA 5209. Mrs. CLINTON submitted an amendment intended to be proposed
by her to the bill H.R. 5384, making appropriations for Agriculture,
Rural Development, Food and Drug Administration, and Related Agencies
for the fiscal year ending September 30, 2007, and for other purposes;
which was ordered to lie on the table; as follows:

On page 144, line 25, after ``Affairs'' insert ``, of which
$1,000,000 is for the Center for Veterinary Medicine to
conduct additional research and, not later than August 1,
2007, submit to the Subcommittee on Agriculture, Rural
Development, and Related Agencies of the Committee on
Appropriations of the Senate and the Subcommittee on
Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies of the Committee on Appropriations of
the House of Representatives a report regarding the certain
uses of penicillin in animal feeds as described in the
document entitled `Penicillin

[[Page S11205]]

Use in Animal Feeds' (42 Fed. Reg. 43769-43793) (August 30,
1977)''.
______

SA 5210. Mr. BURR (for himself and Mr. Kennedy) proposed an amendment
to the bill S. 3678, to amend the Public Health Service Act with
respect to public health security and all-hazards preparedness and
response, and for other purposes; as follows:

Strike all after the enacting clause and insert the
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Pandemic
and All-Hazards Preparedness Act''.
(b) Table of Contents.--The table of contents of this Act
is as follows:

Sec. 1. Short title; table of contents.

TITLE I--NATIONAL PREPAREDNESS AND RESPONSE, LEADERSHIP, ORGANIZATION,
AND PLANNING

Sec. 101. Public health and medical preparedness and response functions
of the Secretary of Health and Human Services.
Sec. 102. Assistant Secretary for Preparedness and Response.
Sec. 103. National Health Security Strategy.

TITLE II--PUBLIC HEALTH SECURITY PREPAREDNESS

Sec. 201. Improving State and local public health security.
Sec. 202. Using information technology to improve situational awareness
in public health emergencies.
Sec. 203. Public health workforce enhancements.
Sec. 204. Vaccine tracking and distribution.
Sec. 205. National Science Advisory Board for Biosecurity.
Sec. 206. Revitalization of Commissioned Corps.

TITLE III--ALL-HAZARDS MEDICAL SURGE CAPACITY

Sec. 301. National disaster medical system.
Sec. 302. Enhancing medical surge capacity.
Sec. 303. Encouraging health professional volunteers.
Sec. 304. Core education and training.
Sec. 305. Partnerships for state and regional hospital preparedness to
improve surge capacity.
Sec. 306. Enhancing the role of the Department of Veterans Affairs.

TITLE IV--PANDEMIC AND BIODEFENSE VACCINE AND DRUG DEVELOPMENT

Sec. 401. Biomedical Advanced Research and Development Authority.
Sec. 402. National Biodefense Science Board.
Sec. 403. Clarification of countermeasures covered by Project
BioShield.
Sec. 404. Technical assistance.
Sec. 405. Collaboration and coordination.
Sec. 406. Procurement.

TITLE I--NATIONAL PREPAREDNESS AND RESPONSE, LEADERSHIP, ORGANIZATION,
AND PLANNING

SEC. 101. PUBLIC HEALTH AND MEDICAL PREPAREDNESS AND RESPONSE
FUNCTIONS OF THE SECRETARY OF HEALTH AND HUMAN
SERVICES.

Title XXVIII of the Public Health Service Act (42 U.S.C.
300hh-11 et seq.) is amended--
(1) by striking the title heading and inserting the
following:

``TITLE XXVIII--NATIONAL ALL-HAZARDS PREPAREDNESS FOR PUBLIC HEALTH
EMERGENCIES'';

and
(2) by amending subtitle A to read as follows:

``Subtitle A--National All-Hazards Preparedness and Response Planning,
Coordinating, and Reporting

``SEC. 2801. PUBLIC HEALTH AND MEDICAL PREPAREDNESS AND
RESPONSE FUNCTIONS.

``(a) In General.--The Secretary of Health and Human
Services shall lead all Federal public health and medical
response to public health emergencies and incidents covered
by the National Response Plan developed pursuant to section
502(6) of the Homeland Security Act of 2002, or any successor
plan.
``(b) Interagency Agreement.--The Secretary, in
collaboration with the Secretary of Veterans Affairs, the
Secretary of Transportation, the Secretary of Defense, the
Secretary of Homeland Security, and the head of any other
relevant Federal agency, shall establish an interagency
agreement, consistent with the National Response Plan or any
successor plan, under which agreement the Secretary of Health
and Human Services shall assume operational control of
emergency public health and medical response assets, as
necessary, in the event of a public health emergency, except
that members of the armed forces under the authority of the
Secretary of Defense shall remain under the command and
control of the Secretary of Defense, as shall any associated
assets of the Department of Defense.''

SEC. 102. ASSISTANT SECRETARY FOR PREPAREDNESS AND RESPONSE.

(a) Assistant Secretary for Preparedness and Response.--
Subtitle B of title XXVIII of the Public Health Service Act
(42 U.S.C. 300hh-11 et seq.) is amended--
(1) in the subtitle heading, by inserting ``All-Hazards''
before ``Emergency Preparedness'';
(2) by redesignating section 2811 as section 2812;
(3) by inserting after the subtitle heading the following
new section:

``SEC. 2811. COORDINATION OF PREPAREDNESS FOR AND RESPONSE TO
ALL-HAZARDS PUBLIC HEALTH EMERGENCIES.

``(a) In General.--There is established within the
Department of Health and Human Services the position of the
Assistant Secretary for Preparedness and Response. The
President, with the advice and consent of the Senate, shall
appoint an individual to serve in such position. Such
Assistant Secretary shall report to the Secretary.
``(b) Duties.--Subject to the authority of the Secretary,
the Assistant Secretary for Preparedness and Response shall
carry out the following functions:
``(1) Leadership.--Serve as the principal advisor to the
Secretary on all matters related to Federal public health and
medical preparedness and response for public health
emergencies.
``(2) Personnel.--Register, credential, organize, train,
equip, and have the authority to deploy Federal public health
and medical personnel under the authority of the Secretary,
including the National Disaster Medical System, and
coordinate such personnel with the Medical Reserve Corps and
the Emergency System for Advance Registration of Volunteer
Health Professionals.
``(3) Countermeasures.--Oversee advanced research,
development, and procurement of qualified countermeasures (as
defined in section 319F-1) and qualified pandemic or epidemic
products (as defined in section 319F-3).
``(4) Coordination.--
``(A) Federal integration.--Coordinate with relevant
Federal officials to ensure integration of Federal
preparedness and response activities for public health
emergencies.
``(B) State, local, and tribal integration.--Coordinate
with State, local, and tribal public health officials, the
Emergency Management Assistance Compact, health care systems,
and emergency medical service systems to ensure effective
integration of Federal public health and medical assets
during a public health emergency.
``(C) Emergency medical services.--Promote improved
emergency medical services medical direction, system
integration, research, and uniformity of data collection,
treatment protocols, and policies with regard to public
health emergencies.
``(5) Logistics.--In coordination with the Secretary of
Veterans Affairs, the Secretary of Homeland Security, the
General Services Administration, and other public and private
entities, provide logistical support for medical and public
health aspects of Federal responses to public health
emergencies.
``(6) Leadership.--Provide leadership in international
programs, initiatives, and policies that deal with public
health and medical emergency preparedness and response.
``(c) Functions.--The Assistant Secretary for Preparedness
and Response shall--
``(1) have authority over and responsibility for--
``(A) the National Disaster Medical System (in accordance
with section 301 of the Pandemic and All-Hazards Preparedness
Act); and
``(B) the Hospital Preparedness Cooperative Agreement
Program pursuant to section 319C-2;
``(2) exercise the responsibilities and authorities of the
Secretary with respect to the coordination of--
``(A) the Medical Reserve Corps pursuant to section 2813;
``(B) the Emergency System for Advance Registration of
Volunteer Health Professionals pursuant to section 319I;
``(C) the Strategic National Stockpile; and
``(D) the Cities Readiness Initiative; and
``(3) assume other duties as determined appropriate by the
Secretary.''; and
(4) by striking ``Assistant Secretary for Public Health
Emergency Preparedness'' each place it appears and inserting
``Assistant Secretary for Preparedness and Response''.
(b) Transfer of Functions; References.--
(1) Transfer of functions.--There shall be transferred to
the Office of the Assistant Secretary for Preparedness and
Response the functions, personnel, assets, and liabilities of
the Assistant Secretary for Public Health Emergency
Preparedness as in effect on the day before the date of
enactment of this Act.
(2) References.--Any reference in any Federal law,
Executive order, rule, regulation, or delegation of
authority, or any document of or pertaining to the Assistant
Secretary for Public Health Emergency Preparedness as in
effect the day before the date of enactment of this Act,
shall be deemed to be a reference to the Assistant Secretary
for Preparedness and Response.
(c) Stockpile.--Section 319F-2(a)(1) of the Public Health
Service Act (42 U.S.C. 247d-6b(a)(1)) is amended by--
(1) inserting ``in collaboration with the Director of the
Centers for Disease Control and Prevention, and'' after
``Secretary,''; and
(2) inserting at the end the following: ``The Secretary
shall conduct an annual review (taking into account at-risk
individuals) of the contents of the stockpile, including non-
pharmaceutical supplies, and make necessary additions or
modifications to the contents based on such review.''.
(d) At-Risk Individuals.--Title XXVIII of the Public Health
Service Act (42 U.S.C. 300hh et seq.), as amended by section
303 of this Act, is amended by inserting after section 2813
the following:

[[Page S11206]]

``SEC. 2814. AT-RISK INDIVIDUALS.

``The Secretary, acting through such employee of the
Department of Health and Human Services as determined by the
Secretary and designated publicly (which may, at the
discretion of the Secretary, involve the appointment or
designation of an individual as the Director of At-Risk
Individuals), shall--
``(1) oversee the implementation of the National
Preparedness goal of taking into account the public health
and medical needs of at-risk individuals in the event of a
public health emergency, as described in section 2802(b)(4);
``(2) assist other Federal agencies responsible for
planning for, responding to, and recovering from public
health emergencies in addressing the needs of at-risk
individuals;
``(3) provide guidance to and ensure that recipients of
State and local public health grants include preparedness and
response strategies and capabilities that take into account
the medical and public health needs of at-risk individuals in
the event of a public health emergency, as described in
section 319C-1(b)(2)(A)(iii);
``(4) ensure that the contents of the strategic national
stockpile take into account at-risk populations as described
in section 2811(b)(3)(B);
``(5) oversee the progress of the Advisory Committee on At-
Risk Individuals and Public Health Emergencies established
under section 319F(b)(2) and make recommendations with a
focus on opportunities for action based on the work of the
Committee;
``(6) oversee curriculum development for the public health
and medical response training program on medical management
of casualties, as it concerns at-risk individuals as
described in subparagraphs (A) through (C) of section
319F(a)(2);
``(7) disseminate novel and best practices of outreach to
and care of at-risk individuals before, during, and following
public health emergencies; and
``(8) not later than one year after the date of enactment
of the Pandemic and All-Hazards Preparedness Act, prepare and
submit to Congress a report describing the progress made on
implementing the duties described in this section.''.

SEC. 103. NATIONAL HEALTH SECURITY STRATEGY.

Title XXVIII of the Public Health Service Act (300hh-11 et
seq.), as amended by section 101, is amended by inserting
after section 2801 the following:

``SEC. 2802. NATIONAL HEALTH SECURITY STRATEGY.

``(a) In General.--
``(1) Preparedness and response regarding public health
emergencies.--Beginning in 2009 and every four years
thereafter, the Secretary shall prepare and submit to the
relevant committees of Congress a coordinated strategy (to be
known as the National Health Security Strategy) and any
revisions thereof, and an accompanying implementation plan
for public health emergency preparedness and response. Such
National Health Security Strategy shall identify the process
for achieving the preparedness goals described in subsection
(b) and shall be consistent with the National Preparedness
Goal, the National Incident Management System, and the
National Response Plan developed pursuant to section 502(6)
of the Homeland Security Act of 2002, or any successor plan.
``(2) Evaluation of progress.--The National Health Security
Strategy shall include an evaluation of the progress made by
Federal, State, local, and tribal entities, based on the
evidence-based benchmarks and objective standards that
measure levels of preparedness established pursuant to
section 319C-1(g). Such evaluation shall include aggregate
and State-specific breakdowns of obligated funding spent by
major category (as defined by the Secretary) for activities
funded through awards pursuant to sections 319C-1 and 319C-2.
``(3) Public health workforce.--In 2009, the National
Health Security Strategy shall include a national strategy
for establishing an effective and prepared public health
workforce, including defining the functions, capabilities,
and gaps in such workforce, and identifying strategies to
recruit, retain, and protect such workforce from workplace
exposures during public health emergencies.
``(b) Preparedness Goals.--The National Health Security
Strategy shall include provisions in furtherance of the
following:
``(1) Integration.--Integrating public health and public
and private medical capabilities with other first responder
systems, including through--
``(A) the periodic evaluation of Federal, State, local, and
tribal preparedness and response capabilities through drills
and exercises; and
``(B) integrating public and private sector public health
and medical donations and volunteers.
``(2) Public health.--Developing and sustaining Federal,
State, local, and tribal essential public health security
capabilities, including the following:
``(A) Disease situational awareness domestically and
abroad, including detection, identification, and
investigation.
``(B) Disease containment including capabilities for
isolation, quarantine, social distancing, and
decontamination.
``(C) Risk communication and public preparedness.
``(D) Rapid distribution and administration of medical
countermeasures.
``(3) Medical.--Increasing the preparedness, response
capabilities, and surge capacity of hospitals, other health
care facilities (including mental health facilities), and
trauma care and emergency medical service systems, with
respect to public health emergencies, which shall include
developing plans for the following:
``(A) Strengthening public health emergency medical
management and treatment capabilities.
``(B) Medical evacuation and fatality management.
``(C) Rapid distribution and administration of medical
countermeasures.
``(D) Effective utilization of any available public and
private mobile medical assets and integration of other
Federal assets.
``(E) Protecting health care workers and health care first
responders from workplace exposures during a public health
emergency.
``(4) At-risk individuals.--
``(A) Taking into account the public health and medical
needs of at-risk individuals in the event of a public health
emergency.
``(B) For purpose of this section and sections 319C-1,
319F, and 319L, the term `at-risk individuals' means
children, pregnant women, senior citizens and other
individuals who have special needs in the event of a public
health emergency, as determined by the Secretary.
``(5) Coordination.--Minimizing duplication of, and
ensuring coordination between, Federal, State, local, and
tribal planning, preparedness, and response activities
(including the State Emergency Management Assistance
Compact). Such planning shall be consistent with the National
Response Plan, or any successor plan, and National Incident
Management System and the National Preparedness Goal.
``(6) Continuity of operations.--Maintaining vital public
health and medical services to allow for optimal Federal,
State, local, and tribal operations in the event of a public
health emergency.''.

TITLE II--PUBLIC HEALTH SECURITY PREPAREDNESS

SEC. 201. IMPROVING STATE AND LOCAL PUBLIC HEALTH SECURITY.

Section 319C-1 of the Public Health Service Act (42 U.S.C.
247d-3a) is amended--
(1) by amending the heading to read as follows: ``IMPROVING
STATE AND LOCAL PUBLIC HEALTH SECURITY.'';
(2) by striking subsections (a) through (i) and inserting
the following:
``(a) In General.--To enhance the security of the United
States with respect to public health emergencies, the
Secretary shall award cooperative agreements to eligible
entities to enable such entities to conduct the activities
described in subsection (d).
``(b) Eligible Entities.--To be eligible to receive an
award under subsection (a), an entity shall--
``(1)(A) be a State;
``(B) be a political subdivision determined by the
Secretary to be eligible for an award under this section
(based on criteria described in subsection (i)(4)); or
``(C) be a consortium of entities described in subparagraph
(A); and
``(2) prepare and submit to the Secretary an application at
such time, and in such manner, and containing such
information as the Secretary may require, including--
``(A) an All-Hazards Public Health Emergency Preparedness
and Response Plan which shall include--
``(i) a description of the activities such entity will
carry out under the agreement to meet the goals identified
under section 2802;
``(ii) a pandemic influenza plan consistent with the
requirements of paragraphs (2) and (5) of subsection (g);
``(iii) preparedness and response strategies and
capabilities that take into account the medical and public
health needs of at-risk individuals in the event of a public
health emergency;
``(iv) a description of the mechanism the entity will
implement to utilize the Emergency Management Assistance
Compact or other mutual aid agreements for medical and public
health mutual aid; and
``(v) a description of how the entity will include the
State Unit on Aging in public health emergency preparedness;
``(B) an assurance that the entity will report to the
Secretary on an annual basis (or more frequently as
determined by the Secretary) on the evidence-based benchmarks
and objective standards established by the Secretary to
evaluate the preparedness and response capabilities of such
entity under subsection (g);
``(C) an assurance that the entity will conduct, on at
least an annual basis, an exercise or drill that meets any
criteria established by the Secretary to test the
preparedness and response capabilities of such entity, and
that the entity will report back to the Secretary within the
application of the following year on the strengths and
weaknesses identified through such exercise or drill, and
corrective actions taken to address material weaknesses;
``(D) an assurance that the entity will provide to the
Secretary the data described under section 319D(d)(3) as
determined feasible by the Secretary;
``(E) an assurance that the entity will conduct activities
to inform and educate the hospitals within the jurisdiction
of such entity on the role of such hospitals in the plan
required under subparagraph (A);
``(F) an assurance that the entity, with respect to the
plan described under subparagraph (A), has developed and will
implement an accountability system to ensure that

[[Page S11207]]

such entity make satisfactory annual improvement and describe
such system in the plan under subparagraph (A);
``(G) a description of the means by which to obtain public
comment and input on the plan described in subparagraph (A)
and on the implementation of such plan, that shall include an
advisory committee or other similar mechanism for obtaining
comment from the public and from other State, local, and
tribal stakeholders; and
``(H) as relevant, a description of the process used by the
entity to consult with local departments of public health to
reach consensus, approval, or concurrence on the relative
distribution of amounts received under this section.
``(c) Limitation.--Beginning in fiscal year 2009, the
Secretary may not award a cooperative agreement to a State
unless such State is a participant in the Emergency System
for Advance Registration of Volunteer Health Professionals
described in section 319I.
``(d) Use of Funds.--
``(1) In general.--An award under subsection (a) shall be
expended for activities to achieve the preparedness goals
described under paragraphs (1), (2), (4), (5), and (6) of
section 2802(b).
``(2) Effect of section.--Nothing in this subsection may be
construed as establishing new regulatory authority or as
modifying any existing regulatory authority.
``(e) Coordination With Local Response Capabilities.--An
entity shall, to the extent practicable, ensure that
activities carried out under an award under subsection (a)
are coordinated with activities of relevant Metropolitan
Medical Response Systems, local public health departments,
the Cities Readiness Initiative, and local emergency plans.
``(f) Consultation With Homeland Security.--In making
awards under subsection (a), the Secretary shall consult with
the Secretary of Homeland Security to--
``(1) ensure maximum coordination of public health and
medical preparedness and response activities with the
Metropolitan Medical Response System, and other relevant
activities;
``(2) minimize duplicative funding of programs and
activities;
``(3) analyze activities, including exercises and drills,
conducted under this section to develop recommendations and
guidance on best practices for such activities; and
``(4) disseminate such recommendations and guidance,
including through expanding existing lessons learned
information systems to create a single Internet-based point
of access for sharing and distributing medical and public
health best practices and lessons learned from drills,
exercises, disasters, and other emergencies.
``(g) Achievement of Measurable Evidence-Based Benchmarks
and Objective Standards.--
``(1) In general.--Not later than 180 days after the date
of enactment of the Pandemic and All-Hazards Preparedness
Act, the Secretary shall develop or where appropriate adopt,
and require the application of, measurable evidence-based
benchmarks and objective standards that measure levels of
preparedness with respect to the activities described in this
section and with respect to activities described in section
319C-2. In developing such benchmarks and standards, the
Secretary shall consult with and seek comments from State,
local, and tribal officials and private entities, as
appropriate. Where appropriate, the Secretary shall
incorporate existing objective standards. Such benchmarks and
standards shall--
``(A) include outcome goals representing operational
achievement of the National Preparedness Goals developed
under section 2802(b); and
``(B) at a minimum, require entities to--
``(i) measure progress toward achieving the outcome goals;
and
``(ii) at least annually, test, exercise, and rigorously
evaluate the public health and medical emergency preparedness
and response capabilities of the entity, and report to the
Secretary on such measured and tested capabilities and
measured and tested progress toward achieving outcome goals,
based on criteria established by the Secretary.
``(2) Criteria for pandemic influenza plans.--
``(A) In general.--Not later than 180 days after the date
of enactment of the Pandemic and All-Hazards Preparedness
Act, the Secretary shall develop and disseminate to the chief
executive officer of each State criteria for an effective
State plan for responding to pandemic influenza.
``(B) Rule of construction.--Nothing in this section shall
be construed to require the duplication of Federal efforts
with respect to the development of criteria or standards,
without regard to whether such efforts were carried out prior
to or after the date of enactment of this section.
``(3) Technical assistance.--The Secretary shall, as
determined appropriate by the Secretary, provide to a State,
upon request, technical assistance in meeting the
requirements of this section, including the provision of
advice by experts in the development of high-quality
assessments, the setting of State objectives and assessment
methods, the development of measures of satisfactory annual
improvement that are valid and reliable, and other relevant
areas.
``(4) Notification of failures.--The Secretary shall
develop and implement a process to notify entities that are
determined by the Secretary to have failed to meet the
requirements of paragraph (1) or (2). Such process shall
provide such entities with the opportunity to correct such
noncompliance. An entity that fails to correct such
noncompliance shall be subject to paragraph (5).
``(5) Withholding of amounts from entities that fail to
achieve benchmarks or submit influenza plan.--Beginning with
fiscal year 2009, and in each succeeding fiscal year, the
Secretary shall--
``(A) withhold from each entity that has failed
substantially to meet the benchmarks and performance measures
described in paragraph (1) for the immediately preceding
fiscal year (beginning with fiscal year 2008), pursuant to
the process developed under paragraph (4), the amount
described in paragraph (6); and
``(B) withhold from each entity that has failed to submit
to the Secretary a plan for responding to pandemic influenza
that meets the criteria developed under paragraph (2), the
amount described in paragraph (6).
``(6) Amounts described.--
``(A) In general.--The amounts described in this paragraph
are the following amounts that are payable to an entity for
activities described in section 319C-1 or 319C-2:
``(i) For the fiscal year immediately following a fiscal
year in which an entity experienced a failure described in
subparagraph (A) or (B) of paragraph (5) by the entity, an
amount equal to 10 percent of the amount the entity was
eligible to receive for such fiscal year.
``(ii) For the fiscal year immediately following two
consecutive fiscal years in which an entity experienced such
a failure, an amount equal to 15 percent of the amount the
entity was eligible to receive for such fiscal year, taking
into account the withholding of funds for the immediately
preceding fiscal year under clause (i).
``(iii) For the fiscal year immediately following three
consecutive fiscal years in which an entity experienced such
a failure, an amount equal to 20 percent of the amount the
entity was eligible to receive for such fiscal year, taking
into account the withholding of funds for the immediately
preceding fiscal years under clauses (i) and (ii).
``(iv) For the fiscal year immediately following four
consecutive fiscal years in which an entity experienced such
a failure, an amount equal to 25 percent of the amount the
entity was eligible to receive for such a fiscal year, taking
into account the withholding of funds for the immediately
preceding fiscal years under clauses (i), (ii), and (iii).
``(B) Separate accounting.--Each failure described in
subparagraph (A) or (B) of paragraph (5) shall be treated as
a separate failure for purposes of calculating amounts
withheld under subparagraph (A).
``(7) Reallocation of amounts withheld.--
``(A) In general.--The Secretary shall make amounts
withheld under paragraph (6) available for making awards
under section 319C-2 to entities described in subsection
(b)(1) of such section.
``(B) Preference in reallocation.--In making awards under
section 319C-2 with amounts described in subparagraph (A),
the Secretary shall give preference to eligible entities (as
described in section 319C-2(b)(1)) that are located in whole
or in part in States from which amounts have been withheld
under paragraph (6).
``(8) Waive or reduce withholding.--The Secretary may waive
or reduce the withholding described in paragraph (6), for a
single entity or for all entities in a fiscal year, if the
Secretary determines that mitigating conditions exist that
justify the waiver or reduction.
``(h) Grants for Real-Time Disease Detection Improvement.--
``(1) In general.--The Secretary may award grants to
eligible entities to carry out projects described under
paragraph (4).
``(2) Eligible entity.--For purposes of this section, the
term `eligible entity' means an entity that is--
``(A)(i) a hospital, clinical laboratory, university; or
``(ii) a poison control center or professional organization
in the field of poison control; and
``(B) a participant in the network established under
subsection 319D(d).
``(3) Application.--Each eligible entity desiring a grant
under this subsection shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require.
``(4) Use of funds.--
``(A) In general.--An eligible entity described in
paragraph (2)(A)(i) that receives a grant under this
subsection shall use the funds awarded pursuant to such grant
to carry out a pilot demonstration project to purchase and
implement the use of advanced diagnostic medical equipment to
analyze real-time clinical specimens for pathogens of public
health or bioterrorism significance and report any results
from such project to State, local, and tribal public health
entities and the network established under section 319D(d).
``(B) Other entities.--An eligible entity described in
paragraph (2)(A)(ii) that receives a grant under this section
shall use the funds awarded pursuant to such grant to--
``(i) improve the early detection, surveillance, and
investigative capabilities of poison control centers for
chemical, biological, radiological, and nuclear events by
training poison information personnel to improve the accuracy
of surveillance data, improving the

[[Page S11208]]

definitions used by the poison control centers for
surveillance, and enhancing timely and efficient
investigation of data anomalies;
``(ii) improve the capabilities of poison control centers
to provide information to health care providers and the
public with regard to chemical, biological, radiological, or
nuclear threats or exposures, in consultation with the
appropriate State, local, and tribal public health entities;
or
``(iii) provide surge capacity in the event of a chemical,
biological, radiological, or nuclear event through the
establishment of alternative poison control center worksites
and the training of nontraditional personnel.'';
(3) by redesignating subsection (j) as subsection (i);
(4) in subsection (i), as so redesignated--
(A) by striking paragraphs (1) through (3)(A) and inserting
the following:
``(1) Authorization of appropriations.--
``(A) In general.--For the purpose of carrying out this
section, there is authorized to be appropriated $824,000,000
for fiscal year 2007, of which $35,000,000 shall be used to
carry out subsection (h), for awards pursuant to paragraph
(3) (subject to the authority of the Secretary to make awards
pursuant to paragraphs (4) and (5)), and such sums as may be
necessary for each of fiscal years 2008 through 2011.
``(B) Coordination.--There are authorized to be
appropriated, $10,000,000 for fiscal year 2007 to carry out
subsection (f)(4) of this section and section 2814.
``(C) Requirement for state matching funds.--Beginning in
fiscal year 2009, in the case of any State or consortium of
two or more States, the Secretary may not award a cooperative
agreement under this section unless the State or consortium
of States agree that, with respect to the amount of the
cooperative agreement awarded by the Secretary, the State or
consortium of States will make available (directly or through
donations from public or private entities) non-Federal
contributions in an amount equal to--
``(i) for the first fiscal year of the cooperative
agreement, not less than 5 percent of such costs ($1 for each
$20 of Federal funds provided in the cooperative agreement);
and
``(ii) for any second fiscal year of the cooperative
agreement, and for any subsequent fiscal year of such
cooperative agreement, not less than 10 percent of such costs
($1 for each $10 of Federal funds provided in the cooperative
agreement).
``(D) Determination of amount of non-federal
contributions.--As determined by the Secretary, non-Federal
contributions required in subparagraph (C) may be provided
directly or through donations from public or private entities
and may be in cash or in kind, fairly evaluated, including
plant, equipment or services. Amounts provided by the Federal
government, or services assisted or subsidized to any
significant extent by the Federal government, may not be
included in determining the amount of such non-Federal
contributions.
``(2) Maintaining state funding.--
``(A) In general.--An entity that receives an award under
this section shall maintain expenditures for public health
security at a level that is not less than the average level
of such expenditures maintained by the entity for the
preceding 2 year period.
``(B) Rule of construction.--Nothing in this section shall
be construed to prohibit the use of awards under this section
to pay salary and related expenses of public health and other
professionals employed by State, local, or tribal public
health agencies who are carrying out activities supported by
such awards (regardless of whether the primary assignment of
such personnel is to carry out such activities).
``(3) Determination of amount.--
``(A) In general.--The Secretary shall award cooperative
agreements under subsection (a) to each State or consortium
of 2 or more States that submits to the Secretary an
application that meets the criteria of the Secretary for the
receipt of such an award and that meets other implementation
conditions established by the Secretary for such awards.'';
(B) in paragraph (4)(A)--
(i) by striking ``2003'' and inserting ``2007''; and
(ii) by striking ``(A)(i)(I)'';
(C) in paragraph (4)(D), by striking ``2002'' and inserting
``2006'';
(D) in paragraph (5)--
(i) by striking ``2003'' and inserting ``2007''; and
(ii) by striking ``(A)(i)(I)''; and
(E) by striking paragraph (6) and inserting the following:
``(6) Funding of local entities.--The Secretary shall, in
making awards under this section, ensure that with respect to
the cooperative agreement awarded, the entity make available
appropriate portions of such award to political subdivisions
and local departments of public health through a process
involving the consensus, approval or concurrence with such
local entities.''; and
(5) by adding at the end the following:
``(j) Administrative and Fiscal Responsibility.--
``(1) Annual reporting requirements.--Each entity shall
prepare and submit to the Secretary annual reports on its
activities under this section and section 319C-2. Each such
report shall be prepared by, or in consultation with, the
health department. In order to properly evaluate and compare
the performance of different entities assisted under this
section and section 319C-2 and to assure the proper
expenditure of funds under this section and section 319C-2,
such reports shall be in such standardized form and contain
such information as the Secretary determines and describes
within 180 days of the date of enactment of the Pandemic and
All-Hazards Preparedness Act (after consultation with the
States) to be necessary to--
``(A) secure an accurate description of those activities;
``(B) secure a complete record of the purposes for which
funds were spent, and of the recipients of such funds;
``(C) describe the extent to which the entity has met the
goals and objectives it set forth under this section or
section 319C-2;
``(D) determine the extent to which funds were expended
consistent with the entity's application transmitted under
this section or section 319C-2; and
``(E) publish such information on a Federal Internet
website consistent with subsection (k).
``(2) Audits; implementation.--
``(A) In general.--Each entity receiving funds under this
section or section 319C-2 shall, not less often than once
every 2 years, audit its expenditures from amounts received
under this section or section 319C-2. Such audits shall be
conducted by an entity independent of the agency
administering a program funded under this section or section
319C-2 in accordance with the Comptroller General's standards
for auditing governmental organizations, programs,
activities, and functions and generally accepted auditing
standards. Within 30 days following the completion of each
audit report, the entity shall submit a copy of that audit
report to the Secretary.
``(B) Repayment.--Each entity shall repay to the United
States amounts found by the Secretary, after notice and
opportunity for a hearing to the entity, not to have been
expended in accordance with this section or section 319C-2
and, if such repayment is not made, the Secretary may offset
such amounts against the amount of any allotment to which the
entity is or may become entitled under this section or
section 319C-2 or may otherwise recover such amounts.
``(C) Withholding of payment.--The Secretary may, after
notice and opportunity for a hearing, withhold payment of
funds to any entity which is not using its allotment under
this section or section 319C-2 in accordance with such
section. The Secretary may withhold such funds until the
Secretary finds that the reason for the withholding has been
removed and there is reasonable assurance that it will not
recur.
``(3) Maximum carryover amount.--
``(A) In general.--For each fiscal year, the Secretary, in
consultation with the States and political subdivisions,
shall determine the maximum percentage amount of an award
under this section that an entity may carryover to the
succeeding fiscal year.
``(B) Amount exceeded.--For each fiscal year, if the
percentage amount of an award under this section unexpended
by an entity exceeds the maximum percentage permitted by the
Secretary under subparagraph (A), the entity shall return to
the Secretary the portion of the unexpended amount that
exceeds the maximum amount permitted to be carried over by
the Secretary.
``(C) Action by secretary.--The Secretary shall make
amounts returned to the Secretary under subparagraph (B)
available for awards under section 319C-2(b)(1). In making
awards under section 319C-2(b)(1) with amounts collected
under this paragraph the Secretary shall give preference to
entities that are located in whole or in part in States from
which amounts have been returned under subparagraph (B).
``(D) Waiver.--An entity may apply to the Secretary for a
waiver of the maximum percentage amount under subparagraph
(A). Such an application for a waiver shall include an
explanation why such requirement should not apply to the
entity and the steps taken by such entity to ensure that all
funds under an award under this section will be expended
appropriately.
``(E) Waive or reduce withholding.--The Secretary may waive
the application of subparagraph (B), or reduce the amount
determined under such subparagraph, for a single entity
pursuant to subparagraph (D) or for all entities in a fiscal
year, if the Secretary determines that mitigating conditions
exist that justify the waiver or reduction.
``(k) Compilation and Availability of Data.--The Secretary
shall compile the data submitted under this section and make
such data available in a timely manner on an appropriate
Internet website in a format that is useful to the public and
to other entities and that provides information on what
activities are best contributing to the achievement of the
outcome goals described in subsection (g).''.

SEC. 202. USING INFORMATION TECHNOLOGY TO IMPROVE SITUATIONAL
AWARENESS IN PUBLIC HEALTH EMERGENCIES.

Section 319D of the Public Health Service Act (42 U.S.C.
247d-4) is amended--
(1) in subsection (a)(1), by inserting ``domestically and
abroad'' after ``public health threats''; and
(2) by adding at the end the following:
``(d) Public Health Situational Awareness.--
``(1) In general.--Not later than 2 years after the date of
enactment of the Pandemic and All-Hazards Preparedness Act,
the Secretary, in collaboration with State, local, and tribal
public health officials, shall establish a near real-time
electronic nationwide

[[Page S11209]]

public health situational awareness capability through an
interoperable network of systems to share data and
information to enhance early detection of rapid response to,
and management of, potentially catastrophic infectious
disease outbreaks and other public health emergencies that
originate domestically or abroad. Such network shall be built
on existing State situational awareness systems or enhanced
systems that enable such connectivity.
``(2) Strategic plan.--Not later than 180 days after the
date of enactment the Pandemic and All-Hazards Preparedness
Act, the Secretary shall submit to the appropriate committees
of Congress, a strategic plan that demonstrates the steps the
Secretary will undertake to develop, implement, and evaluate
the network described in paragraph (1), utilizing the
elements described in paragraph (3).
``(3) Elements.--The network described in paragraph (1)
shall include data and information transmitted in a
standardized format from--
``(A) State, local, and tribal public health entities,
including public health laboratories;
``(B) Federal health agencies;
``(C) zoonotic disease monitoring systems;
``(D) public and private sector health care entities,
hospitals, pharmacies, poison control centers or professional
organizations in the field of poison control, and clinical
laboratories, to the extent practicable and provided that
such data are voluntarily provided simultaneously to the
Secretary and appropriate State, local, and tribal public
health agencies; and
``(E) such other sources as the Secretary may deem
appropriate.
``(4) Rule of construction.--Paragraph (3) shall not be
construed as requiring separate reporting of data and
information from each source listed.
``(5) Required activities.--In establishing and operating
the network described in paragraph (1), the Secretary shall--
``(A) utilize applicable interoperability standards as
determined by the Secretary through a joint public and
private sector process;
``(B) define minimal data elements for such network;
``(C) in collaboration with State, local, and tribal public
health officials, integrate and build upon existing State,
local, and tribal capabilities, ensuring simultaneous sharing
of data, information, and analyses from the network described
in paragraph (1) with State, local, and tribal public health
agencies; and
``(D) in collaboration with State, local, and tribal public
health officials, develop procedures and standards for the
collection, analysis, and interpretation of data that States,
regions, or other entities collect and report to the network
described in paragraph (1).
``(e) State and Regional Systems to Enhance Situational
Awareness in Public Health Emergencies.--
``(1) In general.--To implement the network described in
subsection (d), the Secretary may award grants to States or
consortia of States to enhance the ability of such States or
consortia of States to establish or operate a coordinated
public health situational awareness system for regional or
Statewide early detection of, rapid response to, and
management of potentially catastrophic infectious disease
outbreaks and public health emergencies, in collaboration
with appropriate public health agencies, sentinel hospitals,
clinical laboratories, pharmacies, poison control centers,
other health care organizations, and animal health
organizations within such States.
``(2) Eligibility.--To be eligible to receive a grant under
paragraph (1), the State or consortium of States shall submit
to the Secretary an application at such time, in such manner,
and containing such information as the Secretary may require,
including an assurance that the State or consortium of States
will submit to the Secretary--
``(A) reports of such data, information, and metrics as the
Secretary may require;
``(B) a report on the effectiveness of the systems funded
under the grant; and
``(C) a description of the manner in which grant funds will
be used to enhance the timelines and comprehensiveness of
efforts to detect, respond to, and manage potentially
catastrophic infectious disease outbreaks and public health
emergencies.
``(3) Use of funds.--A State or consortium of States that
receives an award under this subsection--
``(A) shall establish, enhance, or operate a coordinated
public health situational awareness system for regional or
Statewide early detection of, rapid response to, and
management of potentially catastrophic infectious disease
outbreaks and public health emergencies;
``(B) may award grants or contracts to entities described
in paragraph (1) within or serving such State to assist such
entities in improving the operation of information technology
systems, facilitating the secure exchange of data and
information, and training personnel to enhance the operation
of the system described in subparagraph (A); and
``(C) may conduct a pilot program for the development of
multi-State telehealth network test beds that build on,
enhance, and securely link existing State and local
telehealth programs to prepare for, monitor, respond to, and
manage the events of public health emergencies, facilitate
coordination and communication among medical, public health,
and emergency response agencies, and provide medical services
through telehealth initiatives within the States that are
involved in such a multi-State telehealth network test bed.
``(4) Limitation.--Information technology systems acquired
or implemented using grants awarded under this section must
be compliant with--
``(A) interoperability and other technological standards,
as determined by the Secretary; and
``(B) data collection and reporting requirements for the
network described in subsection (d).
``(5) Independent evaluation.--Not later than 4 years after
the date of enactment of the Pandemic and All-Hazards
Preparedness Act, the Government Accountability Office shall
conduct an independent evaluation, and submit to the
Secretary and the appropriate committees of Congress a report
concerning the activities conducted under this subsection and
subsection (d).
``(f) Telehealth Enhancements for Emergency Response.--
``(1) Evaluation.--The Secretary, in consultation with the
Federal Communications Commission and other relevant Federal
agencies, shall--
``(A) conduct an inventory of telehealth initiatives in
existence on the date of enactment of the Pandemic and All-
Hazards Preparedness Act, including--
``(i) the specific location of network components;
``(ii) the medical, technological, and communications
capabilities of such components;
``(iii) the functionality of such components; and
``(iv) the capacity and ability of such components to
handle increased volume during the response to a public
health emergency;
``(B) identify methods to expand and interconnect the
regional health information networks funded by the Secretary,
the State and regional broadband networks funded through the
rural health care support mechanism pilot program funded by
the Federal Communications Commission, and other telehealth
networks;
``(C) evaluate ways to prepare for, monitor, respond
rapidly to, or manage the events of, a public health
emergency through the enhanced use of telehealth
technologies, including mechanisms for payment or
reimbursement for use of such technologies and personnel
during public health emergencies;
``(D) identify methods for reducing legal barriers that
deter health care professionals from providing telemedicine
services, such as by utilizing State emergency health care
professional credentialing verification systems, encouraging
States to establish and implement mechanisms to improve
interstate medical licensure cooperation, facilitating the
exchange of information among States regarding investigations
and adverse actions, and encouraging States to waive the
application of licensing requirements during a public health
emergency;
``(E) evaluate ways to integrate the practice of
telemedicine within the National Disaster Medical System; and
``(F) promote greater coordination among existing Federal
interagency telemedicine and health information technology
initiatives.
``(2) Report.--Not later than 12 months after the date of
enactment of the Pandemic and All-Hazards Preparedness Act,
the Secretary shall prepare and submit a report to the
Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Energy and Commerce of the House
of Representatives regarding the findings and recommendations
pursuant to subparagraphs (A) through (F) of paragraph (1).
``(g) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section, such
sums as may be necessary in each of fiscal years 2007 through
2011.''.

SEC. 203. PUBLIC HEALTH WORKFORCE ENHANCEMENTS.

(a) Demonstration Project.--Subpart III of part D of title
III of the Public Health Service Act (42 U.S.C. 254l) is
amended by adding at the end the following:

``SEC. 338M. PUBLIC HEALTH DEPARTMENTS.

``(a) In General.--To the extent that funds are
appropriated under subsection (e), the Secretary shall
establish a demonstration project to provide for the
participation of individuals who are eligible for the Loan
Repayment Program described in section 338B and who agree to
complete their service obligation in a State health
department that provides a significant amount of service to
health professional shortage areas or areas at risk of a
public health emergency, as determined by the Secretary, or
in a local or tribal health department that serves a health
professional shortage area or an area at risk of a public
health emergency.
``(b) Procedure.--To be eligible to receive assistance
under subsection (a), with respect to the program described
in section 338B, an individual shall--
``(1) comply with all rules and requirements described in
such section (other than section 338B(f)(1)(B)(iv)); and
``(2) agree to serve for a time period equal to 2 years, or
such longer period as the individual may agree to, in a
State, local, or tribal health department, described in
subsection (a).
``(c) Designations.--The demonstration project described in
subsection (a), and any

[[Page S11210]]

healthcare providers who are selected to participate in such
project, shall not be considered by the Secretary in the
designation of health professional shortage areas under
section 332 during fiscal years 2007 through 2010.
``(d) Report.--Not later than 3 years after the date of
enactment of this section, the Secretary shall submit a
report to the relevant committees of Congress that evaluates
the participation of individuals in the demonstration project
under subsection (a), the impact of such participation on
State, local, and tribal health departments, and the benefit
and feasibility of permanently allowing such placements in
the Loan Repayment Program.
``(e) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section, such
sums as may be necessary for each of fiscal years 2007
through 2010.''.
(b) Grants for Loan Repayment Program.--Section 338I of the
Public Health Service Act (42 U.S.C. 254q-1) is amended by
adding at the end the following:
``(j) Public Health Loan Repayment.--
``(1) In general.--The Secretary may award grants to States
for the purpose of assisting such States in operating loan
repayment programs under which such States enter into
contracts to repay all or part of the eligible loans borrowed
by, or on behalf of, individuals who agree to serve in State,
local, or tribal health departments that serve health
professional shortage areas or other areas at risk of a
public health emergency, as designated by the Secretary.
``(2) Loans eligible for repayment.--To be eligible for
repayment under this subsection, a loan shall be a loan made,
insured, or guaranteed by the Federal Government that is
borrowed by, or on behalf of, an individual to pay the cost
of attendance for a program of education leading to a degree
appropriate for serving in a State, local, or tribal health
department as determined by the Secretary and the chief
executive officer of the State in which the grant is
administered, at an institution of higher education (as
defined in section 102 of the Higher Education Act of 1965),
including principal, interest, and related expenses on such
loan.
``(3) Applicability of existing requirements.--With respect
to awards made under paragraph (1)--
``(A) the requirements of subsections (b), (f), and (g)
shall apply to such awards; and
``(B) the requirements of subsection (c) shall apply to
such awards except that with respect to paragraph (1) of such
subsection, the State involved may assign an individual only
to public and nonprofit private entities that serve health
professional shortage areas or areas at risk of a public
health emergency, as determined by the Secretary.
``(4) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection,
such sums as may be necessary for each of fiscal years 2007
through 2010.''.

SEC. 204. VACCINE TRACKING AND DISTRIBUTION.

(a) In General.--Section 319A of the Public Health Service
Act (42 U.S.C. 247d-1) is amended to read as follows:

``SEC. 319A. VACCINE TRACKING AND DISTRIBUTION.

``(a) Tracking.--The Secretary, together with relevant
manufacturers, wholesalers, and distributors as may agree to
cooperate, may track the initial distribution of federally
purchased influenza vaccine in an influenza pandemic. Such
tracking information shall be used to inform Federal, State,
local, and tribal decision makers during an influenza
pandemic.
``(b) Distribution.--The Secretary shall promote
communication between State, local, and tribal public health
officials and such manufacturers, wholesalers, and
distributors as agree to participate, regarding the effective
distribution of seasonal influenza vaccine. Such
communication shall include estimates of high priority
populations, as determined by the Secretary, in State, local,
and tribal jurisdictions in order to inform Federal, State,
local, and tribal decision makers during vaccine shortages
and supply disruptions.
``(c) Confidentiality.--The information submitted to the
Secretary or its contractors, if any, under this section or
under any other section of this Act related to vaccine
distribution information shall remain confidential in
accordance with the exception from the public disclosure of
trade secrets, commercial or financial information, and
information obtained from an individual that is privileged
and confidential, as provided for in section 552(b)(4) of
title 5, United States Code, and subject to the penalties and
exceptions under sections 1832 and 1833 of title 18, United
States Code, relating to the protection and theft of trade
secrets, and subject to privacy protections that are
consistent with the regulations promulgated under section
264(c) of the Health Insurance Portability and Accountability
Act of 1996. None of such information provided by a
manufacturer, wholesaler, or distributor shall be disclosed
without its consent to another manufacturer, wholesaler, or
distributor, or shall be used in any manner to give a
manufacturer, wholesaler, or distributor a proprietary
advantage.
``(d) Guidelines.--The Secretary, in order to maintain the
confidentiality of relevant information and ensure that none
of the information contained in the systems involved may be
used to provide proprietary advantage within the vaccine
market, while allowing State, local, and tribal health
officials access to such information to maximize the delivery
and availability of vaccines to high priority populations,
during times of influenza pandemics, vaccine shortages, and
supply disruptions, in consultation with manufacturers,
distributors, wholesalers and State, local, and tribal health
departments, shall develop guidelines for subsections (a) and
(b).
``(e) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section, such
sums for each of fiscal years 2007 through 2011.
``(f) Report to Congress.--As part of the National Health
Security Strategy described in section 2802, the Secretary
shall provide an update on the implementation of subsections
(a) through (d).''.
(b) Conforming Amendments.--
(1) In general.--Title III of the Public Health Service Act
(42 U.S.C. 241 et seq.) is amended by striking sections 319B
and 319C.
(2) Technical amendment.--Section 319D(a)(3) of the Public
Health Service Act (42 U.S.C. 247d-4(a)(3)) is amended by
striking ``, taking into account evaluations under section
319B(a),''.

SEC. 205. NATIONAL SCIENCE ADVISORY BOARD FOR BIOSECURITY.

The National Science Advisory Board for Biosecurity shall,
when requested by the Secretary of Health and Human Services,
provide to relevant Federal departments and agencies, advice,
guidance, or recommendations concerning--
(1) a core curriculum and training requirements for workers
in maximum containment biological laboratories; and
(2) periodic evaluations of maximum containment biological
laboratory capacity nationwide and assessments of the future
need for increased laboratory capacity.

SEC. 206. REVITALIZATION OF COMMISSIONED CORPS.

(a) Purpose.--It is the purpose of this section to improve
the force management and readiness of the Commissioned Corps
to accomplish the following objectives:
(1) To ensure the Corps is ready to respond rapidly to
urgent or emergency public health care needs and challenges.
(2) To ensure the availability of the Corps for assignments
that address clinical and public health needs in isolated,
hardship, and hazardous duty positions, and, when required,
to address needs related to the well-being, security, and
defense of the United States.
(3) To establish the Corps as a resource available to
Federal and State Government agencies for assistance in
meeting public health leadership and service roles.
(b) Commissioned Corps Readiness.--Title II of the Public
Health Service Act (42 U.S.C. 202 et seq.) is amended by
inserting after section 203 the following:

``SEC. 203A. DEPLOYMENT READINESS.

``(a) Readiness Requirements for Commissioned Corps
Officers.--
``(1) In general.--The Secretary, with respect to members
of the following Corps components, shall establish
requirements, including training and medical examinations, to
ensure the readiness of such components to respond to urgent
or emergency public health care needs that cannot otherwise
be met at the Federal, State, and local levels:
``(A) Active duty Regular Corps.
``(B) Active Reserves.
``(2) Annual assessment of members.--The Secretary shall
annually determine whether each member of the Corps meets the
applicable readiness requirements established under paragraph
(1).
``(3) Failure to meet requirements.--A member of the Corps
who fails to meet or maintain the readiness requirements
established under paragraph (1) or who fails to comply with
orders to respond to an urgent or emergency public health
care need shall, except as provided in paragraph (4), in
accordance with procedures established by the Secretary, be
subject to disciplinary action as prescribed by the
Secretary.
``(4) Waiver of requirements.--
``(A) In general.--The Secretary may waive one or more of
the requirements established under paragraph (1) for an
individual who is not able to meet such requirements because
of--
``(i) a disability;
``(ii) a temporary medical condition; or
``(iii) any other extraordinary limitation as determined by
the Secretary.
``(B) Regulations.--The Secretary shall promulgate
regulations under which a waiver described in subparagraph
(A) may be granted.
``(5) Urgent or emergency public health care need.--For
purposes of this section and section 214, the term `urgent or
emergency public health care need' means a health care need,
as determined by the Secretary, arising as the result of--
``(A) a national emergency declared by the President under
the National Emergencies Act (50 U.S.C. 1601 et seq.);
``(B) an emergency or major disaster declared by the
President under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.);
``(C) a public health emergency declared by the Secretary
under section 319 of this Act; or
``(D) any emergency that, in the judgment of the Secretary,
is appropriate for the deployment of members of the Corps.
``(b) Corps Management for Deployment.--The Secretary
shall--

[[Page S11211]]

``(1) organize members of the Corps into units for rapid
deployment by the Secretary to respond to urgent or emergency
public health care needs;
``(2) establish appropriate procedures for the command and
control of units or individual members of the Corps that are
deployed at the direction of the President or the Secretary
in response to an urgent or emergency public health care need
of national, State or local significance;
``(3) ensure that members of the Corps are trained,
equipped and otherwise prepared to fulfill their public
health and emergency response roles; and
``(4) ensure that deployment planning takes into account--
``(A) any deployment exemptions that may be granted by the
Secretary based on the unique requirements of an agency and
an individual's functional role in such agency; and
``(B) the nature of the urgent or emergency public health
care need.
``(c) Deployment of Detailed or Assigned Officers.--For
purposes of pay, allowances, and benefits of a Commissioned
Corps officer who is detailed or assigned to a Federal
entity, the deployment of such officer by the Secretary in
response to an urgent or emergency public health care need
shall be deemed to be an authorized activity of the Federal
entity to which the officer is detailed or assigned.''.
(c) Personnel Deployment Authority.--
(1) Personnel detailed.--Section 214 of the Public Health
Service Act (42 U.S.C. 215) is amended by adding at the end
the following:
``(e) Except with respect to the United States Coast Guard
and the Department of Defense, and except as provided in
agreements negotiated with officials at agencies where
officers of the Commissioned Corps may be assigned, the
Secretary shall have the sole authority to deploy any
Commissioned Corps officer assigned under this section to an
entity outside of the Department of Health and Human Services
for service under the Secretary's direction in response to an
urgent or emergency public health care need (as defined in
section 203A(a)(5)).''.
(2) National health service corps.--Section 331(f) of the
Public Health Service Act (42 U.S.C. 254d(f)(1)) is amended
by inserting before the period the following: ``, except when
such members are Commissioned Corps officers who entered into
a contract with Secretary under section 338A or 338B after
December 31, 2006 and when the Secretary determines that
exercising the authority provided under section 214 or 216
with respect to any such officer to would not cause
unreasonable disruption to health care services provided in
the community in which such officer is providing health care
services''.

TITLE III--ALL-HAZARDS MEDICAL SURGE CAPACITY

SEC. 301. NATIONAL DISASTER MEDICAL SYSTEM.

(a) National Disaster Medical System.--Section 2812 of
subtitle B of title XXVIII of the Public Health Service Act
(42 U.S.C. 300hh-11 et seq.), as redesignated by section 102,
is amended--
(1) by striking the section heading and inserting
``NATIONAL DISASTER MEDICAL SYSTEM'';
(2) by striking subsection (a);
(3) by redesignating subsections (b) through (h) as
subsections (a) through (g);
(4) in subsection (a), as so redesignated--
(A) in paragraph (2)(B), by striking ``Federal Emergency
Management Agency'' and inserting ``Department of Homeland
Security''; and
(B) in paragraph (3)(C), by striking ``Public Health
Security and Bioterrorism Preparedness and Response Act of
2002'' and inserting ``Pandemic and All-Hazards Preparedness
Act'';
(5) in subsection (b), as so redesignated, by--
(A) striking the subsection heading and inserting
``Modifications'';
(B) redesignating paragraph (2) as paragraph (3); and
(C) striking paragraph (1) and inserting the following:
``(1) In general.--Taking into account the findings from
the joint review described under paragraph (2), the Secretary
shall modify the policies of the National Disaster Medical
System as necessary.
``(2) Joint review and medical surge capacity strategic
plan.--Not later than 180 days after the date of enactment of
the Pandemic and All-Hazards Preparedness Act, the Secretary,
in coordination with the Secretary of Homeland Security, the
Secretary of Defense, and the Secretary of Veterans Affairs,
shall conduct a joint review of the National Disaster Medical
System. Such review shall include an evaluation of medical
surge capacity, as described by section 2803(a). As part of
the National Health Security Strategy under section 2802, the
Secretary shall update the findings from such review and
further modify the policies of the National Disaster Medical
System as necessary.'';
(6) by striking ``subsection (b)'' each place it appears
and inserting ``subsection (a)'';
(7) by striking ``subsection (d)'' each place it appears
and inserting ``subsection (c)''; and
(8) in subsection (g), as so redesignated, by striking
``2002 through 2006'' and inserting ``2007 through 2011''.
(b) Transfer of National Disaster Medical System to the
Department of Health and Human Services.--There shall be
transferred to the Secretary of Health and Human Services the
functions, personnel, assets, and liabilities of the National
Disaster Medical System of the Department of Homeland
Security, including the functions of the Secretary of
Homeland Security and the Under Secretary for Emergency
Preparedness and Response relating thereto.
(c) Conforming Amendments to the Homeland Security Act of
2002.--The Homeland Security Act of 2002 (6 U.S.C. 312(3)(B),
313(5))) is amended--
(1) in section 502(3)(B), by striking ``, the National
Disaster Medical System,''; and
(2) in section 503(5), by striking ``, the National
Disaster Medical System''.
(d) Update of Certain Provision.--Section 319F(b)(2) of the
Public Health Service Act (42 U.S.C. 247d-6(b)(2)) is
amended--
(1) in the paragraph heading, by striking ``Children and
terrorism'' and inserting ``At-risk individuals and public
health emergencies'';
(2) in subparagraph (A), by striking ``Children and
Terrorism'' and inserting ``At-Risk Individuals and Public
Health Emergencies'';
(3) in subparagraph (B)--
(A) in clause (i), by striking ``bioterrorism as it relates
to children'' and inserting ``public health emergencies as
they relate to at-risk individuals'';
(B) in clause (ii), by striking ``children'' and inserting
``at-risk individuals''; and
(C) in clause (iii), by striking ``children'' and inserting
``at-risk individuals'';
(4) in subparagraph (C), by striking ``children'' and all
that follows through the period and inserting ``at-risk
populations.''; and
(5) in subparagraph (D), by striking ``one year'' and
inserting ``six years''.
(e) Conforming Amendment.--Section 319F(b)(3)(B) of the
Public Health Service Act (42 U.S.C. 247d-6(b)(3)(B)) is
amended by striking ``and the working group under subsection
(a)''.
(f) Effective Date.--The amendments made by subsections (b)
and (c) shall take effect on January 1, 2007.

SEC. 302. ENHANCING MEDICAL SURGE CAPACITY.

(a) In General.--Title XXVIII of the Public Health Service
Act (300hh-11 et seq.), as amended by section 103, is amended
by inserting after section 2802 the following:

``SEC. 2803. ENHANCING MEDICAL SURGE CAPACITY.

``(a) Study of Enhancing Medical Surge Capacity.--As part
of the joint review described in section 2812(b), the
Secretary shall evaluate the benefits and feasibility of
improving the capacity of the Department of Health and Human
Services to provide additional medical surge capacity to
local communities in the event of a public health emergency.
Such study shall include an assessment of the need for and
feasibility of improving surge capacity through--
``(1) acquisition and operation of mobile medical assets by
the Secretary to be deployed, on a contingency basis, to a
community in the event of a public health emergency;
``(2) integrating the practice of telemedicine within the
National Disaster Medical System; and
``(3) other strategies to improve such capacity as
determined appropriate by the Secretary.
``(b) Authority to Acquire and Operate Mobile Medical
Assets.--In addition to any other authority to acquire,
deploy, and operate mobile medical assets, the Secretary may
acquire, deploy, and operate mobile medical assets if, taking
into consideration the evaluation conducted under subsection
(a), such acquisition, deployment, and operation is
determined to be beneficial and feasible in improving the
capacity of the Department of Health and Human Services to
provide additional medical surge capacity to local
communities in the event of a public health emergency.
``(c) Using Federal Facilities to Enhance Medical Surge
Capacity.--
``(1) Analysis.--The Secretary shall conduct an analysis of
whether there are Federal facilities which, in the event of a
public health emergency, could practicably be used as
facilities in which to provide health care.
``(2) Memoranda of understanding.--If, based on the
analysis conducted under paragraph (1), the Secretary
determines that there are Federal facilities which, in the
event of a public health emergency, could be used as
facilities in which to provide health care, the Secretary
shall, with respect to each such facility, seek to conclude a
memorandum of understanding with the head of the Department
or agency that operates such facility that permits the use of
such facility to provide health care in the event of a public
health emergency.''.
(b) EMTALA.--
(1) In general.--Section 1135(b) of the Social Security Act
(42 U.S.C. 1320b-5(b)) is amended--
(A) in paragraph (3), by striking subparagraph (B) and
inserting the following:
``(B) the direction or relocation of an individual to
receive medical screening in an alternative location--
``(i) pursuant to an appropriate State emergency
preparedness plan; or
``(ii) in the case of a public health emergency described
in subsection (g)(1)(B) that involves a pandemic infectious
disease, pursuant to a State pandemic preparedness plan or a
plan referred to in clause (i), whichever is applicable in
the State;'';
(B) in the third sentence, by striking ``and shall be
limited to'' and inserting ``and, except in the case of a
waiver or modification

[[Page S11212]]

to which the fifth sentence of this subsection applies, shall
be limited to''; and
(C) by adding at the end the following: ``If a public
health emergency described in subsection (g)(1)(B) involves a
pandemic infectious disease (such as pandemic influenza), the
duration of a waiver or modification under paragraph (3)
shall be determined in accordance with subsection (e) as such
subsection applies to public health emergencies.''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on the date of the enactment of this Act
and shall apply to public health emergencies declared
pursuant to section 319 of the Public Health Service Act (42
U.S.C. 247d) on or after such date.

SEC. 303. ENCOURAGING HEALTH PROFESSIONAL VOLUNTEERS.

(a) Volunteer Medical Reserve Corps.--Title XXVIII of the
Public Health Service Act (42 U.S.C. 300hh-11 et seq.), as
amended by this Act, is amended by inserting after section
2812 the following:

``SEC. 2813. VOLUNTEER MEDICAL RESERVE CORPS.

``(a) In General.--Not later than 180 days after the date
of enactment of the Pandemic and All-Hazards Preparedness
Act, the Secretary, in collaboration with State, local, and
tribal officials, shall build on State, local, and tribal
programs in existence on the date of enactment of such Act to
establish and maintain a Medical Reserve Corps (referred to
in this section as the `Corps') to provide for an adequate
supply of volunteers in the case of a Federal, State, local,
or tribal public health emergency. The Corps shall be headed
by a Director who shall be appointed by the Secretary and
shall oversee the activities of the Corps chapters that exist
at the State, local, and tribal levels.
``(b) State, Local, and Tribal Coordination.--The Corps
shall be established using existing State, local, and tribal
teams and shall not alter such teams.
``(c) Composition.--The Corps shall be composed of
individuals who--
``(1)(A) are health professionals who have appropriate
professional training and expertise as determined appropriate
by the Director of the Corps; or
``(B) are non-health professionals who have an interest in
serving in an auxiliary or support capacity to facilitate
access to health care services in a public health emergency;
``(2) are certified in accordance with the certification
program developed under subsection (d);
``(3) are geographically diverse in residence;
``(4) have registered and carry out training exercises with
a local chapter of the Medical Reserve Corps; and
``(5) indicate whether they are willing to be deployed
outside the area in which they reside in the event of a
public health emergency.
``(d) Certification; Drills.--
``(1) Certification.--The Director, in collaboration with
State, local, and tribal officials, shall establish a process
for the periodic certification of individuals who volunteer
for the Corps, as determined by the Secretary, which shall
include the completion by each individual of the core
training programs developed under section 319F, as required
by the Director. Such certification shall not supercede State
licensing or credentialing requirements.
``(2) Drills.--In conjunction with the core training
programs referred to in paragraph (1), and in order to
facilitate the integration of trained volunteers into the
health care system at the local level, Corps members shall
engage in periodic training exercises to be carried out at
the local level.
``(e) Deployment.--During a public health emergency, the
Secretary shall have the authority to activate and deploy
willing members of the Corps to areas of need, taking into
consideration the public health and medical expertise
required, with the concurrence of the State, local, or tribal
officials from the area where the members reside.
``(f) Expenses and Transportation.--While engaged in
performing duties as a member of the Corps pursuant to an
assignment by the Secretary (including periods of travel to
facilitate such assignment), members of the Corps who are not
otherwise employed by the Federal Government shall be allowed
travel or transportation expenses, including per diem in lieu
of subsistence.
``(g) Identification.--The Secretary, in cooperation and
consultation with the States, shall develop a Medical Reserve
Corps Identification Card that describes the licensure and
certification information of Corps members, as well as other
identifying information determined necessary by the
Secretary.
``(h) Intermittent Disaster-Response Personnel.--
``(1) In general.--For the purpose of assisting the Corps
in carrying out duties under this section, during a public
health emergency, the Secretary may appoint selected
individuals to serve as intermittent personnel of such Corps
in accordance with applicable civil service laws and
regulations. In all other cases, members of the Corps are
subject to the laws of the State in which the activities of
the Corps are undertaken.
``(2) Applicable protections.--Subsections (c)(2), (d), and
(e) of section 2812 shall apply to an individual appointed
under paragraph (1) in the same manner as such subsections
apply to an individual appointed under section 2812(c).
``(3) Limitation.--State, local, and tribal officials shall
have no authority to designate a member of the Corps as
Federal intermittent disaster-response personnel, but may
request the services of such members.
``(i) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section, $22,000,000 for
fiscal year 2007, and such sums as may be necessary for each
of fiscal years 2008 through 2011.''.
(b) Encouraging Health Professions Volunteers.--Section
319I of the Public Health Service Act (42 U.S.C. 247d-7b) is
amended--
(1) by redesignating subsections (e) and (f) as subsections
(j) and (k), respectively;
(2) by striking subsections (a) and (b) and inserting the
following:
``(a) In General.--Not later than 12 months after the date
of enactment of the Pandemic and All-Hazards Preparedness
Act, the Secretary shall link existing State verification
systems to maintain a single national interoperable network
of systems, each system being maintained by a State or group
of States, for the purpose of verifying the credentials and
licenses of health care professionals who volunteer to
provide health services during a public health emergency.
``(b) Requirements.--The interoperable network of systems
established under subsection (a) (referred to in this section
as the `verification network') shall include--
``(1) with respect to each volunteer health professional
included in the verification network--
``(A) information necessary for the rapid identification
of, and communication with, such professionals; and
``(B) the credentials, certifications, licenses, and
relevant training of such individuals; and
``(2) the name of each member of the Medical Reserve Corps,
the National Disaster Medical System, and any other relevant
federally-sponsored or administered programs determined
necessary by the Secretary.'';
(3) in subsection (c), strike ``system'' and insert
``network''; and
(4) by striking subsection (d) and inserting the following:
``(d) Accessibility.--The Secretary shall ensure that the
verification network is electronically accessible by State,
local, and tribal health departments and can be linked with
the identification cards under section 2813.
``(e) Confidentiality.--The Secretary shall establish and
require the application of and compliance with measures to
ensure the effective security of, integrity of, and access to
the data included in the verification network.
``(f) Coordination.--The Secretary shall coordinate with
the Secretary of Veterans Affairs and the Secretary of
Homeland Security to assess the feasibility of integrating
the verification network under this section with the VetPro
system of the Department of Veterans Affairs and the National
Emergency Responder Credentialing System of the Department of
Homeland Security. The Secretary shall, if feasible,
integrate the verification network under this section with
such VetPro system and the National Emergency Responder
Credentialing System.
``(g) Updating of Information.--The States that are
participants in the verification network shall, on at least a
quarterly basis, work with the Director to provide for the
updating of the information contained in the verification
network.
``(h) Clarification.--Inclusion of a health professional in
the verification network shall not constitute appointment of
such individual as a Federal employee for any purpose, either
under section 2812(c) or otherwise. Such appointment may only
be made under section 2812 or 2813.
``(i) Health Care Provider Licenses.--The Secretary shall
encourage States to establish and implement mechanisms to
waive the application of licensing requirements applicable to
health professionals, who are seeking to provide medical
services (within their scope of practice), during a national,
State, local, or tribal public health emergency upon
verification that such health professionals are licensed and
in good standing in another State and have not been
disciplined by any State health licensing or disciplinary
board.''; and
(5) in subsection (k) (as so redesignated), by striking
``2006'' and inserting ``2011''.

SEC. 304. CORE EDUCATION AND TRAINING.

Section 319F of the Public Health Service Act (42 U.S.C.
247d-6) is amended--
(1) by striking subsection (a) and inserting the following;
``(a) All-Hazards Public Health and Medical Response
Curricula and Training.--
``(1) In general.--The Secretary, in collaboration with the
Secretary of Defense, and in consultation with relevant
public and private entities, shall develop core health and
medical response curricula and trainings by adapting
applicable existing curricula and training programs to
improve responses to public health emergencies.
``(2) Curriculum.--The public health and medical response
training program may include course work related to--
``(A) medical management of casualties, taking into account
the needs of at-risk individuals;
``(B) public health aspects of public health emergencies;
``(C) mental health aspects of public health emergencies;
``(D) national incident management, including coordination
among Federal, State, local, tribal, international agencies,
and other entities; and

[[Page S11213]]

``(E) protecting health care workers and health care first
responders from workplace exposures during a public health
emergency.
``(3) Peer review.--On a periodic basis, products prepared
as part of the program shall be rigorously tested and peer-
reviewed by experts in the relevant fields.
``(4) Credit.--The Secretary and the Secretary of Defense
shall--
``(A) take into account continuing professional education
requirements of public health and healthcare professions; and
``(B) cooperate with State, local, and tribal accrediting
agencies and with professional associations in arranging for
students enrolled in the program to obtain continuing
professional education credit for program courses.
``(5) Dissemination and training.--
``(A) In general.--The Secretary may provide for the
dissemination and teaching of the materials described in
paragraphs (1) and (2) by appropriate means, as determined by
the Secretary.
``(B) Certain entities.--The education and training
activities described in subparagraph (A) may be carried out
by Federal public health or medical entities, appropriate
educational entities, professional organizations and
societies, private accrediting organizations, and other
nonprofit institutions or entities meeting criteria
established by the Secretary.
``(C) Grants and contracts.--In carrying out this
subsection, the Secretary may carry out activities directly
or through the award of grants and contracts, and may enter
into interagency agreements with other Federal agencies.''.
(2) by striking subsections (c) through (g) and inserting
the following:
``(c) Expansion of Epidemic Intelligence Service Program.--
The Secretary may establish 20 officer positions in the
Epidemic Intelligence Service Program, in addition to the
number of the officer positions offered under such Program in
2006, for individuals who agree to participate, for a period
of not less than 2 years, in the Career Epidemiology Field
Officer program in a State, local, or tribal health
department that serves a health professional shortage area
(as defined under section 332(a)), a medically underserved
population (as defined under section 330(b)(3)), or a
medically underserved area or area at high risk of a public
health emergency as designated by the Secretary.
``(d) Centers for Public Health Preparedness; Core
Curricula and Training.--
``(1) In general.--The Secretary may establish at
accredited schools of public health, Centers for Public
Health Preparedness (hereafter referred to in this section as
the `Centers').
``(2) Eligibility.--To be eligible to receive an award
under this subsection to establish a Center, an accredited
school of public health shall agree to conduct activities
consistent with the requirements of this subsection.
``(3) Core curricula.--The Secretary, in collaboration with
the Centers and other public or private entities shall
establish core curricula based on established competencies
leading to a 4-year bachelor's degree, a graduate degree, a
combined bachelor and master's degree, or a certificate
program, for use by each Center. The Secretary shall
disseminate such curricula to other accredited schools of
public health and other health professions schools determined
appropriate by the Secretary, for voluntary use by such
schools.
``(4) Core competency-based training program.--The
Secretary, in collaboration with the Centers and other public
or private entities shall facilitate the development of a
competency-based training program to train public health
practitioners. The Centers shall use such training program to
train public health practitioners. The Secretary shall
disseminate such training program to other accredited schools
of public health, health professions schools, and other
public or private entities as determined by the Secretary,
for voluntary use by such entities.
``(5) Content of core curricula and training program.--The
Secretary shall ensure that the core curricula and training
program established pursuant to this subsection respond to
the needs of State, local, and tribal public health
authorities and integrate and emphasize essential public
health security capabilities consistent with section
2802(b)(2).
``(6) Academic-workforce communication.--As a condition of
receiving funding from the Secretary under this subsection, a
Center shall collaborate with a State, local, or tribal
public health department to--
``(A) define the public health preparedness and response
needs of the community involved;
``(B) assess the extent to which such needs are fulfilled
by existing preparedness and response activities of such
school or health department, and how such activities may be
improved;
``(C) prior to developing new materials or trainings,
evaluate and utilize relevant materials and trainings
developed by others Centers; and
``(D) evaluate community impact and the effectiveness of
any newly developed materials or trainings.
``(7) Public health systems research.--In consultation with
relevant public and private entities, the Secretary shall
define the existing knowledge base for public health
preparedness and response systems, and establish a research
agenda based on Federal, State, local, and tribal public
health preparedness priorities. As a condition of receiving
funding from the Secretary under this subsection, a Center
shall conduct public health systems research that is
consistent with the agenda described under this paragraph.'';
(3) by redesignating subsection (h) as subsection (e);
(4) by inserting after subsection (e) (as so redesignated),
the following:
``(f) Authorization of Appropriations.--
``(1) Fiscal year 2007.--There are authorized to be
appropriated to carry out this section for fiscal year 2007--
``(A) to carry out subsection (a)--
``(i) $5,000,000 to carry out paragraphs (1) through (4);
and
``(ii) $7,000,000 to carry out paragraph (5);
``(B) to carry out subsection (c), $3,000,000; and
``(C) to carry out subsection (d), $31,000,000, of which
$5,000,000 shall be used to carry out paragraphs (3) through
(5) of such subsection.
``(2) Subsequent fiscal years.--There are authorized to be
appropriated such sums as may be necessary to carry out this
section for fiscal year 2008 and each subsequent fiscal
year.''; and
(5) by striking subsections (i) and (j).

SEC. 305. PARTNERSHIPS FOR STATE AND REGIONAL HOSPITAL
PREPAREDNESS TO IMPROVE SURGE CAPACITY.

Section 319C-2 of the Public Health Service Act (42 U.S.C.
247d-3b) is amended to read as follows:

``SEC. 319C-2. PARTNERSHIPS FOR STATE AND REGIONAL HOSPITAL
PREPAREDNESS TO IMPROVE SURGE CAPACITY.

``(a) In General.--The Secretary shall award competitive
grants or cooperative agreements to eligible entities to
enable such entities to improve surge capacity and enhance
community and hospital preparedness for public health
emergencies.
``(b) Eligibility.--To be eligible for an award under
subsection (a), an entity shall--
``(1)(A) be a partnership consisting of--
``(i) one or more hospitals, at least one of which shall be
a designated trauma center, consistent with section 1213(c);
``(ii) one or more other local health care facilities,
including clinics, health centers, primary care facilities,
mental health centers, mobile medical assets, or nursing
homes; and
``(iii)(I) one or more political subdivisions;
``(II) one or more States; or
``(III) one or more States and one or more political
subdivisions; and
``(B) prepare, in consultation with the Chief Executive
Officer and the lead health officials of the State, District,
or territory in which the hospital and health care facilities
described in subparagraph (A) are located, and submit to the
Secretary, an application at such time, in such manner, and
containing such information as the Secretary may require; or
``(2)(A) be an entity described in section 319C-1(b)(1);
and
``(B) submit an application at such time, in such manner,
and containing such information as the Secretary may require,
including the information or assurances required under
section 319C-1(b)(2) and an assurance that the State will
adhere to any applicable guidelines established by the
Secretary.
``(c) Use of Funds.--An award under subsection (a) shall be
expended for activities to achieve the preparedness goals
described under paragraphs (1), (3), (4), (5), and (6) of
section 2802(b).
``(d) Preferences.--
``(1) Regional coordination.--In making awards under
subsection (a), the Secretary shall give preference to
eligible entities that submit applications that, in the
determination of the Secretary--
``(A) will enhance coordination--
``(i) among the entities described in subsection
(b)(1)(A)(i); and
``(ii) between such entities and the entities described in
subsection (b)(1)(A)(ii); and
``(B) include, in the partnership described in subsection
(b)(1)(A), a significant percentage of the hospitals and
health care facilities within the geographic area served by
such partnership.
``(2) Other preferences.--In making awards under subsection
(a), the Secretary shall give preference to eligible entities
that, in the determination of the Secretary--
``(A) include one or more hospitals that are participants
in the National Disaster Medical System;
``(B) are located in a geographic area that faces a high
degree of risk, as determined by the Secretary in
consultation with the Secretary of Homeland Security; or
``(C) have a significant need for funds to achieve the
medical preparedness goals described in section 2802(b)(3).
``(e) Consistency of Planned Activities.--The Secretary may
not award a cooperative agreement to an eligible entity
described in subsection (b)(1) unless the application
submitted by the entity is coordinated and consistent with an
applicable State All-Hazards Public Health Emergency
Preparedness and Response Plan and relevant local plans, as
determined by the Secretary in consultation with relevant
State health officials..
``(f) Limitation on Awards.--A political subdivision shall
not participate in more than one partnership described in
subsection (b)(1).
``(g) Coordination With Local Response Capabilities.--An
eligible entity shall, to the extent practicable, ensure that
activities carried out under an award under subsection (a)
are coordinated with activities of relevant local
Metropolitan Medical Response Systems, local Medical Reserve
Corps, the

[[Page S11214]]

Cities Readiness Initiative, and local emergency plans.
``(h) Maintenance of Funding.--
``(1) In general.--An entity that receives an award under
this section shall maintain expenditures for health care
preparedness at a level that is not less than the average
level of such expenditures maintained by the entity for the
preceding 2 year period.
``(2) Rule of construction.--Nothing in this section shall
be construed to prohibit the use of awards under this section
to pay salary and related expenses of public health and other
professionals employed by State, local, or tribal agencies
who are carrying out activities supported by such awards
(regardless of whether the primary assignment of such
personnel is to carry out such activities).
``(i) Performance and Accountability.--The requirements of
section 319C-1(g), (j), and (k) shall apply to entities
receiving awards under this section (regardless of whether
such entities are described under subsection (b)(1)(A) or
(b)(2)(A)) in the same manner as such requirements apply to
entities under section 319C-1. An entity described in
subsection (b)(1)(A) shall make such reports available to the
lead health official of the State in which such partnership
is located.
``(j) Authorization of Appropriations.--
``(1) In general.--For the purpose of carrying out this
section, there is authorized to be appropriated $474,000,000
for fiscal year 2007, and such sums as may be necessary for
each of fiscal years 2008 through 2011.
``(2) Reservation of amounts for partnerships.--Prior to
making awards described in paragraph (3), the Secretary may
reserve from the amount appropriated under paragraph (1) for
a fiscal year, an amount determined appropriate by the
Secretary for making awards to entities described in
subsection (b)(1)(A).
``(3) Awards to states and political subdivisions.--
``(A) In general.--From amounts appropriated for a fiscal
year under paragraph (1) and not reserved under paragraph
(2), the Secretary shall make awards to entities described in
subsection (b)(2)(A) that have completed an application as
described in subsection (b)(2)(B).
``(B) Amount.--The Secretary shall determine the amount of
an award to each entity described in subparagraph (A) in the
same manner as such amounts are determined under section
319C-1(h).''.

SEC. 306. ENHANCING THE ROLE OF THE DEPARTMENT OF VETERANS
AFFAIRS.

(a) In General.--Section 8117 of title 38, United States
Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1), by--
(i) striking ``chemical or biological attack'' and
inserting ``a public health emergency (as defined in section
2801 of the Public Health Service Act)'';
(ii) striking ``an attack'' and inserting ``such an
emergency''; and
(iii) striking ``public health emergencies'' and inserting
``such emergencies''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``; and'' and
inserting a semicolon;
(ii) in subparagraph (B), by striking the period and
inserting a semicolon; and
(iii) by adding at the end the following:
``(C) organizing, training, and equipping the staff of such
centers to support the activities carried out by the
Secretary of Health and Human Services under section 2801 of
the Public Health Service Act in the event of a public health
emergency and incidents covered by the National Response Plan
developed pursuant to section 502(6) of the Homeland Security
Act of 2002, or any successor plan; and
``(D) providing medical logistical support to the National
Disaster Medical System and the Secretary of Health and Human
Services as necessary, on a reimbursable basis, and in
coordination with other designated Federal agencies.'';
(2) in subsection (c), by striking ``a chemical or
biological attack or other terrorist attack.'' and inserting
``a public health emergency. The Secretary shall, through
existing medical procurement contracts, and on a reimbursable
basis, make available as necessary, medical supplies,
equipment, and pharmaceuticals in response to a public health
emergency in support of the Secretary of Health and Human
Services.'';
(3) in subsection (d), by--
(A) striking ``develop and'';
(B) striking ``biological, chemical, or radiological
attacks'' and inserting ``public health emergencies''; and
(C) by inserting ``consistent with section 319F(a) of the
Public Health Service Act'' before the period; and
(4) in subsection (e)--
(A) in paragraph (1), by striking ``2811(b)'' and inserting
``2812''; and
(B) in paragraph (2)--
(i) by striking ``bioterrorism and other''; and
(ii) by striking ``319F(a)'' and inserting ``319F''.
(b) Authorization of Appropriations.--Section 8117 of title
38, United States Code, is amended by adding at the end the
following:
``(g) Authorization of Appropriations.--There are
authorized to be appropriated, such sums as may be necessary
to carry out this section for each of fiscal years 2007
through 2011.''.

TITLE IV--PANDEMIC AND BIODEFENSE VACCINE AND DRUG DEVELOPMENT

SEC. 401. BIOMEDICAL ADVANCED RESEARCH AND DEVELOPMENT
AUTHORITY.

Title III of the Public Health Service Act (42 U.S.C. 241
et seq.) is amended by inserting after section 319K the
following:

``SEC. 319L. BIOMEDICAL ADVANCED RESEARCH AND DEVELOPMENT
AUTHORITY.

``(a) Definitions.--In this section:
``(1) BARDA.--The term `BARDA' means the Biomedical
Advanced Research and Development Authority.
``(2) Fund.--The term `Fund' means the Biodefense Medical
Countermeasure Development Fund established under subsection
(d).
``(3) Other transactions.--The term `other transactions'
means transactions, other than procurement contracts, grants,
and cooperative agreements, such as the Secretary of Defense
may enter into under section 2371 of title 10, United States
Code.
``(4) Qualified countermeasure.--The term `qualified
countermeasure' has the meaning given such term in section
319F-1.
``(5) Qualified pandemic or epidemic product.--The term
`qualified pandemic or epidemic product' has the meaning
given the term in section 319F-3.
``(6) Advanced research and development.--
``(A) In general.--The term `advanced research and
development' means, with respect to a product that is or may
become a qualified countermeasure or a qualified pandemic or
epidemic product, activities that predominantly--
``(i) are conducted after basic research and preclinical
development of the product; and
``(ii) are related to manufacturing the product on a
commercial scale and in a form that satisfies the regulatory
requirements under the Federal Food, Drug, and Cosmetic Act
or under section 351 of this Act.
``(B) Activities included.--The term under subparagraph (A)
includes--
``(i) testing of the product to determine whether the
product may be approved, cleared, or licensed under the
Federal Food, Drug, and Cosmetic Act or under section 351 of
this Act for a use that is or may be the basis for such
product becoming a qualified countermeasure or qualified
pandemic or epidemic product, or to help obtain such
approval, clearance, or license;
``(ii) design and development of tests or models, including
animal models, for such testing;
``(iii) activities to facilitate manufacture of the product
on a commercial scale with consistently high quality, as well
as to improve and make available new technologies to increase
manufacturing surge capacity;
``(iv) activities to improve the shelf-life of the product
or technologies for administering the product; and
``(v) such other activities as are part of the advanced
stages of testing, refinement, improvement, or preparation of
the product for such use and as are specified by the
Secretary.
``(7) Security countermeasure.--The term `security
countermeasure' has the meaning given such term in section
319F-2.
``(8) Research tool.--The term `research tool' means a
device, technology, biological material (including a cell
line or an antibody), reagent, animal model, computer system,
computer software, or analytical technique that is developed
to assist in the discovery, development, or manufacture of
qualified countermeasures or qualified pandemic or epidemic
products.
``(9) Program manager.--The term `program manager' means an
individual appointed to carry out functions under this
section and authorized to provide project oversight and
management of strategic initiatives.
``(10) Person.--The term `person' includes an individual,
partnership, corporation, association, entity, or public or
private corporation, and a Federal, State, or local
government agency or department.
``(b) Strategic Plan for Countermeasure Research,
Development, and Procurement.--
``(1) In general.--Not later than 6 months after the date
of enactment of the Pandemic and All-Hazards Preparedness
Act, the Secretary shall develop and make public a strategic
plan to integrate biodefense and emerging infectious disease
requirements with the advanced research and development,
strategic initiatives for innovation, and the procurement of
qualified countermeasures and qualified pandemic or epidemic
products. The Secretary shall carry out such activities as
may be practicable to disseminate the information contained
in such plan to persons who may have the capacity to
substantially contribute to the activities described in such
strategic plan. The Secretary shall update and incorporate
such plan as part of the National Health Security Strategy
described in section 2802.
``(2) Content.--The strategic plan under paragraph (1)
shall guide--
``(A) research and development, conducted or supported by
the Department of Health and Human Services, of qualified
countermeasures and qualified pandemic or epidemic products
against possible biological, chemical, radiological, and
nuclear agents and to emerging infectious diseases;
``(B) innovation in technologies that may assist advanced
research and development of qualified countermeasures and
qualified pandemic or epidemic products (such research and
development referred to in this section as `countermeasure
and product advanced research and development'); and

[[Page S11215]]

``(C) procurement of such qualified countermeasures and
qualified pandemic or epidemic products by such Department.
``(c) Biomedical Advanced Research and Development
Authority.--
``(1) Establishment.--There is established within the
Department of Health and Human Services the Biomedical
Advanced Research and Development Authority.
``(2) In general.--Based upon the strategic plan described
in subsection (b), the Secretary shall coordinate the
acceleration of countermeasure and product advanced research
and development by--
``(A) facilitating collaboration between the Department of
Health and Human Services and other Federal agencies,
relevant industries, academia, and other persons, with
respect to such advanced research and development;
``(B) promoting countermeasure and product advanced
research and development;
``(C) facilitating contacts between interested persons and
the offices or employees authorized by the Secretary to
advise such persons regarding requirements under the Federal
Food, Drug, and Cosmetic Act and under section 351 of this
Act; and
``(D) promoting innovation to reduce the time and cost of
countermeasure and product advanced research and development.
``(3) Director.--The BARDA shall be headed by a Director
(referred to in this section as the `Director') who shall be
appointed by the Secretary and to whom the Secretary shall
delegate such functions and authorities as necessary to
implement this section.
``(4) Duties.--
``(A) Collaboration.--To carry out the purpose described in
paragraph (2)(A), the Secretary shall--
``(i) facilitate and increase the expeditious and direct
communication between the Department of Health and Human
Services and relevant persons with respect to countermeasure
and product advanced research and development, including by--

``(I) facilitating such communication regarding the
processes for procuring such advanced research and
development with respect to qualified countermeasures and
qualified pandemic or epidemic products of interest; and
``(II) soliciting information about and data from research
on potential qualified countermeasures and qualified pandemic
or epidemic products and related technologies;

``(ii) at least annually--

``(I) convene meetings with representatives from relevant
industries, academia, other Federal agencies, international
agencies as appropriate, and other interested persons;
``(II) sponsor opportunities to demonstrate the operation
and effectiveness of relevant biodefense countermeasure
technologies; and
``(III) convene such working groups on countermeasure and
product advanced research and development as the Secretary
may determine are necessary to carry out this section; and

``(iii) carry out the activities described in section 405
of the Pandemic and All-Hazards Preparedness Act.
``(B) Support advanced research and development.--To carry
out the purpose described in paragraph (2)(B), the Secretary
shall--
``(i) conduct ongoing searches for, and support calls for,
potential qualified countermeasures and qualified pandemic or
epidemic products;
``(ii) direct and coordinate the countermeasure and product
advanced research and development activities of the
Department of Health and Human Services;
``(iii) establish strategic initiatives to accelerate
countermeasure and product advanced research and development
and innovation in such areas as the Secretary may identify as
priority unmet need areas; and
``(iv) award contracts, grants, cooperative agreements, and
enter into other transactions, for countermeasure and product
advanced research and development.
``(C) Facilitating advice.--To carry out the purpose
described in paragraph (2)(C) the Secretary shall--
``(i) connect interested persons with the offices or
employees authorized by the Secretary to advise such persons
regarding the regulatory requirements under the Federal Food,
Drug, and Cosmetic Act and under section 351 of this Act
related to the approval, clearance, or licensure of qualified
countermeasures or qualified pandemic or epidemic products;
and
``(ii) with respect to persons performing countermeasure
and product advanced research and development funded under
this section, enable such offices or employees to provide to
the extent practicable such advice in a manner that is
ongoing and that is otherwise designed to facilitate
expeditious development of qualified countermeasures and
qualified pandemic or epidemic products that may achieve such
approval, clearance, or licensure.
``(D) Supporting innovation.--To carry out the purpose
described in paragraph (2)(D), the Secretary may award
contracts, grants, and cooperative agreements, or enter into
other transactions, such as prize payments, to promote--
``(i) innovation in technologies that may assist
countermeasure and product advanced research and development;
``(ii) research on and development of research tools and
other devices and technologies; and
``(iii) research to promote strategic initiatives, such as
rapid diagnostics, broad spectrum antimicrobials, and vaccine
manufacturing technologies.
``(5) Transaction authorities.--
``(A) Other transactions.--
``(i) In general.--The Secretary shall have the authority
to enter into other transactions under this subsection in the
same manner as the Secretary of Defense enters into such
transactions under section 2371 of title 10, United States
Code.
``(ii) Limitations on authority.--

``(I) In general.--Subsections (b), (c), and (h) of section
845 of the National Defense Authorization Act for Fiscal Year
1994 (10 U.S.C. 2371 note) shall apply to other transactions
under this subparagraph as if such transactions were for
prototype projects described by subsection (a) of such
section 845.
``(II) Written determinations required.--The authority of
this subparagraph may be exercised for a project that is
expected to cost the Department of Health and Human Services
in excess of $20,000,000 only upon a written determination by
the senior procurement executive for the Department (as
designated for purpose of section 16(c) of the Office of
Federal Procurement Policy Act (41 U.S.C. 414(c))), that the
use of such authority is essential to promoting the success
of the project. The authority of the senior procurement
executive under this subclause may not be delegated.

``(iii) Guidelines.--The Secretary shall establish
guidelines regarding the use of the authority under clause
(i). Such guidelines shall include auditing requirements.
``(B) Expedited authorities.--
``(i) In general.--In awarding contracts, grants, and
cooperative agreements, and in entering into other
transactions under subparagraph (B) or (D) of paragraph (4),
the Secretary shall have the expedited procurement
authorities, the authority to expedite peer review, and the
authority for personal services contracts, supplied by
subsections (b), (c), and (d) of section 319F-1.
``(ii) Application of provisions.--Provisions in such
section 319F-1 that apply to such authorities and that
require institution of internal controls, limit review,
provide for Federal Tort Claims Act coverage of personal
services contractors, and commit decisions to the discretion
of the Secretary shall apply to the authorities as exercised
pursuant to this paragraph.
``(iii) Authority to limit competition.--For purposes of
applying section 319F-1(b)(1)(D) to this paragraph, the
phrase `BioShield Program under the Project BioShield Act of
2004' shall be deemed to mean the countermeasure and product
advanced research and development program under this section.
``(iv) Availability of data.--The Secretary shall require
that, as a condition of being awarded a contract, grant,
cooperative agreement, or other transaction under
subparagraph (B) or (D) of paragraph (4), a person make
available to the Secretary on an ongoing basis, and submit
upon request to the Secretary, all data related to or
resulting from countermeasure and product advanced research
and development carried out pursuant to this section.
``(C) Advance payments; advertising.--The Secretary may
waive the requirements of section 3324(a) of title 31, United
States Code, or section 3709 of the Revised Statutes of the
United States (41 U.S.C. 5) upon the determination by the
Secretary that such waiver is necessary to obtain
countermeasures or products under this section.
``(D) Milestone-based payments allowed.--In awarding
contracts, grants, and cooperative agreements, and in
entering into other transactions, under this section, the
Secretary may use milestone-based awards and payments.
``(E) Foreign nationals eligible.--The Secretary may under
this section award contracts, grants, and cooperative
agreements to, and may enter into other transactions with,
highly qualified foreign national persons outside the United
States, alone or in collaboration with American participants,
when such transactions may inure to the benefit of the
American people.
``(F) Establishment of research centers.--The Secretary may
assess the feasibility and appropriateness of establishing,
through contract, grant, cooperative agreement, or other
transaction, an arrangement with an existing research center
in order to achieve the goals of this section. If such an
agreement is not feasible and appropriate, the Secretary may
establish one or more federally-funded research and
development centers, or university-affiliated research
centers, in accordance with section 303(c)(3) of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C.
253(c)(3)).
``(6) At-risk individuals.--In carrying out the functions
under this section, the Secretary may give priority to the
advanced research and development of qualified
countermeasures and qualified pandemic or epidemic products
that are likely to be safe and effective with respect to
children, pregnant women, elderly, and other at-risk
individuals.
``(7) Personnel authorities.--
``(A) Specially qualified scientific and professional
personnel.--
``(i) In general.--In addition to any other personnel
authorities, the Secretary may--

``(I) without regard to those provisions of title 5, United
States Code, governing appointments in the competitive
service, appoint highly qualified individuals to scientific
or professional positions in BARDA, such as program managers,
to carry out this section; and

[[Page S11216]]

``(II) compensate them in the same manner and subject to
the same terms and conditions in which individuals appointed
under section 9903 of such title are compensated, 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.

``(ii) Manner of exercise of authority.--The authority
provided for in this subparagraph shall be exercised subject
to the same limitations described in section 319F-1(e)(2).
``(iii) Term of appointment.--The term limitations
described in section 9903(c) of title 5, United States Code,
shall apply to appointments under this subparagraph, except
that the references to the `Secretary' and to the `Department
of Defense's national security missions' shall be deemed to
be to the Secretary of Health and Human Services and to the
mission of the Department of Health and Human Services under
this section.
``(B) Special consultants.--In carrying out this section,
the Secretary may appoint special consultants pursuant to
section 207(f).
``(C) Limitation.--
``(i) In general.--The Secretary may hire up to 100 highly
qualified individuals, or up to 50 percent of the total
number of employees, whichever is less, under the authorities
provided for in subparagraphs (A) and (B).
``(ii) Report.--The Secretary shall report to Congress on a
biennial basis on the implementation of this subparagraph.
``(d) Fund.--
``(1) Establishment.--There is established the Biodefense
Medical Countermeasure Development Fund, which shall be
available to carry out this section in addition to such
amounts as are otherwise available for this purpose.
``(2) Funding.--To carry out the purposes of this section,
there are authorized to be appropriated to the Fund--
``(A) $1,070,000,000 for fiscal years 2006 through 2008,
the amounts to remain available until expended; and
``(B) such sums as may be necessary for subsequent fiscal
years, the amounts to remain available until expended.
``(e) Inapplicability of Certain Provisions.--
``(1) Disclosure.--
``(A) In general.--The Secretary shall withhold from
disclosure under section 552 of title 5, United States Code,
specific technical data or scientific information that is
created or obtained during the countermeasure and product
advanced research and development carried out under
subsection (c) that reveals significant and not otherwise
publicly known vulnerabilities of existing medical or public
health defenses against biological, chemical, nuclear, or
radiological threats. Such information shall be deemed to be
information described in section 552(b)(3) of title 5, United
States Code.
``(B) Review.--Information subject to nondisclosure under
subparagraph (A) shall be reviewed by the Secretary every 5
years, or more frequently as determined necessary by the
Secretary, to determine the relevance or necessity of
continued nondisclosure.
``(C) Sunset.--This paragraph shall cease to have force or
effect on the date that is 7 years after the date of
enactment of the Pandemic and All-Hazards Preparedness Act.
``(2) Review.--Notwithstanding section 14 of the Federal
Advisory Committee Act, a working group of BARDA under this
section and the National Biodefense Science Board under
section 319M shall each terminate on the date that is 5 years
after the date on which each such group or Board, as
applicable, was established. Such 5-year period may be
extended by the Secretary for one or more additional 5-year
periods if the Secretary determines that any such extension
is appropriate.''.

SEC. 402. NATIONAL BIODEFENSE SCIENCE BOARD.

Title III of the Public Health Service Act (42 U.S.C. 241
et seq.), as amended by section 401, is further amended by
inserting after section 319L the following:

``SEC. 319M. NATIONAL BIODEFENSE SCIENCE BOARD AND WORKING
GROUPS.

``(a) In General.--
``(1) Establishment and function.--The Secretary shall
establish the National Biodefense Science Board (referred to
in this section as the `Board') to provide expert advice and
guidance to the Secretary on scientific, technical and other
matters of special interest to the Department of Health and
Human Services regarding current and future chemical,
biological, nuclear, and radiological agents, whether
naturally occurring, accidental, or deliberate.
``(2) Membership.--The membership of the Board shall be
comprised of individuals who represent the Nation's
preeminent scientific, public health, and medical experts, as
follows--
``(A) such Federal officials as the Secretary may determine
are necessary to support the functions of the Board;
``(B) four individuals representing the pharmaceutical,
biotechnology, and device industries;
``(C) four individuals representing academia; and
``(D) five other members as determined appropriate by the
Secretary, of whom--
``(i) one such member shall be a practicing healthcare
professional; and
``(ii) one such member shall be an individual from an
organization representing healthcare consumers.
``(3) Term of appointment.--A member of the Board described
in subparagraph (B), (C), or (D) of paragraph (2) shall serve
for a term of 3 years, except that the Secretary may adjust
the terms of the initial Board appointees in order to provide
for a staggered term of appointment for all members.
``(4) Consecutive appointments; maximum terms.--A member
may be appointed to serve not more than 3 terms on the Board
and may serve not more than 2 consecutive terms.
``(5) Duties.--The Board shall--
``(A) advise the Secretary on current and future trends,
challenges, and opportunities presented by advances in
biological and life sciences, biotechnology, and genetic
engineering with respect to threats posed by naturally
occurring infectious diseases and chemical, biological,
radiological, and nuclear agents;
``(B) at the request of the Secretary, review and consider
any information and findings received from the working groups
established under subsection (b); and
``(C) at the request of the Secretary, provide
recommendations and findings for expanded, intensified, and
coordinated biodefense research and development activities.
``(6) Meetings.--
``(A) Initial meeting.--Not later than one year after the
date of enactment of the Pandemic and All-Hazards
Preparedness Act, the Secretary shall hold the first meeting
of the Board.
``(B) Subsequent meetings.--The Board shall meet at the
call of the Secretary, but in no case less than twice
annually.
``(7) Vacancies.--Any vacancy in the Board shall not affect
its powers, but shall be filled in the same manner as the
original appointment.
``(8) Chairperson.--The Secretary shall appoint a
chairperson from among the members of the Board.
``(9) Powers.--
``(A) Hearings.--The Board may hold such hearings, sit and
act at such times and places, take such testimony, and
receive such evidence as the Board considers advisable to
carry out this subsection.
``(B) Postal services.--The Board may use the United States
mails in the same manner and under the same conditions as
other departments and agencies of the Federal Government.
``(10) Personnel.--
``(A) Employees of the federal government.--A member of the
Board that is an employee of the Federal Government may not
receive additional pay, allowances, or benefits by reason of
the member's service on the Board.
``(B) Other members.--A member of the Board that is not an
employee of the Federal Government may be compensated at a
rate not to exceed the daily equivalent of the annual rate of
basic pay prescribed for level IV of the Executive Schedule
under section 5315 of title 5, United States Code, for each
day (including travel time) during which the member is
engaged in the actual performance of duties as a member of
the Board.
``(C) Travel expenses.--Each member of the Board shall
receive travel expenses, including per diem in lieu of
subsistence, in accordance with applicable provisions under
subchapter I of chapter 57 of title 5, United States Code.
``(D) Detail of government employees.--Any Federal
Government employee may be detailed to the Board with the
approval for the contributing agency without reimbursement,
and such detail shall be without interruption or loss of
civil service status or privilege.
``(b) Other Working Groups.--The Secretary may establish a
working group of experts, or may use an existing working
group or advisory committee, to--
``(1) identify innovative research with the potential to be
developed as a qualified countermeasure or a qualified
pandemic or epidemic product;
``(2) identify accepted animal models for particular
diseases and conditions associated with any biological,
chemical, radiological, or nuclear agent, any toxin, or any
potential pandemic infectious disease, and identify
strategies to accelerate animal model and research tool
development and validation; and
``(3) obtain advice regarding supporting and facilitating
advanced research and development related to qualified
countermeasures and qualified pandemic or epidemic products
that are likely to be safe and effective with respect to
children, pregnant women, and other vulnerable populations,
and other issues regarding activities under this section that
affect such populations.
``(c) Definitions.--Any term that is defined in section
319L and that is used in this section shall have the same
meaning in this section as such term is given in section
319L.
``(d) Authorization of Appropriations.--There are
authorized to be appropriated $1,000,000 to carry out this
section for fiscal year 2007 and each fiscal year
thereafter.''.

SEC. 403. CLARIFICATION OF COUNTERMEASURES COVERED BY PROJECT
BIOSHIELD.

(a) Qualified Countermeasure.--Section 319F-1(a) of the
Public Health Service Act (42 U.S.C. 247d-6a(a)) is amended
by striking paragraph (2) and inserting the following:
``(2) Definitions.--In this section:
``(A) Qualified countermeasure.--The term `qualified
countermeasure' means a drug (as that term is defined by
section 201(g)(1) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 321(g)(1))), biological product (as that term is
defined by section

[[Page S11217]]

351(i) of this Act (42 U.S.C. 262(i))), or device (as that
term is defined by section 201(h) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 321(h))), that the Secretary
determines to be a priority (consistent with sections 302(2)
and 304(a) of the Homeland Security Act of 2002) to--
``(i) diagnose, mitigate, prevent, or treat harm from any
biological agent (including organisms that cause an
infectious disease) or toxin, chemical, radiological, or
nuclear agent that may cause a public health emergency
affecting national security; or
``(ii) diagnose, mitigate, prevent, or treat harm from a
condition that may result in adverse health consequences or
death and may be caused by administering a drug, biological
product, or device that is used as described in this
subparagraph.
``(B) Infectious disease.--The term `infectious disease'
means a disease potentially caused by a pathogenic organism
(including a bacteria, virus, fungus, or parasite) that is
acquired by a person and that reproduces in that person.''.
(b) Security Countermeasure.--Section 319F-2(c)(1)(B) is
amended by striking ``treat, identify, or prevent'' each
place it appears and inserting ``diagnose, mitigate, prevent,
or treat''.
(c) Limitation on Use of Funds.--Section 510(a) of the
Homeland Security Act of 2002 (6 U.S.C. 320(a)) is amended by
adding at the end the following: ``None of the funds made
available under this subsection shall be used to procure
countermeasures to diagnose, mitigate, prevent, or treat harm
resulting from any naturally occurring infectious disease or
other public health threat that are not security
countermeasures under section 319F-2(c)(1)(B).''.

SEC. 404. TECHNICAL ASSISTANCE.

Subchapter E of chapter V of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360bbb et seq.) is amended by adding
at the end the following:

``SEC. 565. TECHNICAL ASSISTANCE.

``The Secretary, in consultation with the Commissioner of
Food and Drugs, shall establish within the Food and Drug
Administration a team of experts on manufacturing and
regulatory activities (including compliance with current Good
Manufacturing Practice) to provide both off-site and on-site
technical assistance to the manufacturers of qualified
countermeasures (as defined in section 319F-1 of the Public
Health Service Act), security countermeasures (as defined in
section 319F-2 of such Act), or vaccines, at the request of
such a manufacturer and at the discretion of the Secretary,
if the Secretary determines that a shortage or potential
shortage may occur in the United States in the supply of such
vaccines or countermeasures and that the provision of such
assistance would be beneficial in helping alleviate or avert
such shortage.''.

SEC. 405. COLLABORATION AND COORDINATION.

(a) Limited Antitrust Exemption.--
(1) Meetings and consultations to discuss security
countermeasures, qualified countermeasures, or qualified
pandemic or epidemic product development.--
(A) Authority to conduct meetings and consultations.--The
Secretary of Health and Human Services (referred to in this
subsection as the ``Secretary''), in coordination with the
Attorney General and the Secretary of Homeland Security, may
conduct meetings and consultations with persons engaged in
the development of a security countermeasure (as defined in
section 319F-2 of the Public Health Service Act (42 U.S.C.
247d-6b)) (as amended by this Act), a qualified
countermeasure (as defined in section 319F-1 of the Public
Health Service Act (42 U.S.C. 247d-6a)) (as amended by this
Act), or a qualified pandemic or epidemic product (as defined
in section 319F-3 of the Public Health Service Act (42 U.S.C.
247d-6d)) for the purpose of the development, manufacture,
distribution, purchase, or storage of a countermeasure or
product. The Secretary may convene such meeting or
consultation at the request of the Secretary of Homeland
Security, the Attorney General, the Chairman of the Federal
Trade Commission (referred to in this section as the
``Chairman''), or any interested person, or upon initiation
by the Secretary. The Secretary shall give prior notice of
any such meeting or consultation, and the topics to be
discussed, to the Attorney General, the Chairman, and the
Secretary of Homeland Security.
(B) Meeting and consultation conditions.--A meeting or
consultation conducted under subparagraph (A) shall--
(i) be chaired or, in the case of a consultation,
facilitated by the Secretary;
(ii) be open to persons involved in the development,
manufacture, distribution, purchase, or storage of a
countermeasure or product, as determined by the Secretary;
(iii) be open to the Attorney General, the Secretary of
Homeland Security, and the Chairman;
(iv) be limited to discussions involving covered
activities; and
(v) be conducted in such manner as to ensure that no
national security, confidential commercial, or proprietary
information is disclosed outside the meeting or consultation.
(C) Limitation.--The Secretary may not require participants
to disclose confidential commercial or proprietary
information.
(D) Transcript.--The Secretary shall maintain a complete
verbatim transcript of each meeting or consultation conducted
under this subsection. Such transcript (or a portion thereof)
shall not be disclosed under section 552 of title 5, United
States Code, to the extent that the Secretary, in
consultation with the Attorney General and the Secretary of
Homeland Security, determines that disclosure of such
transcript (or portion thereof) would pose a threat to
national security. The transcript (or portion thereof) with
respect to which the Secretary has made such a determination
shall be deemed to be information described in subsection
(b)(3) of such section 552.
(E) Exemption.--
(i) In general.--Subject to clause (ii), it shall not be a
violation of the antitrust laws for any person to participate
in a meeting or consultation conducted in accordance with
this paragraph.
(ii) Limitation.--Clause (i) shall not apply to any
agreement or conduct that results from a meeting or
consultation and that is not covered by an exemption granted
under paragraph (4).
(2) Submission of written agreements.--The Secretary shall
submit each written agreement regarding covered activities
that is made pursuant to meetings or consultations conducted
under paragraph (1) to the Attorney General and the Chairman
for consideration. In addition to the proposed agreement
itself, any submission shall include--
(A) an explanation of the intended purpose of the
agreement;
(B) a specific statement of the substance of the agreement;
(C) a description of the methods that will be utilized to
achieve the objectives of the agreement;
(D) an explanation of the necessity for a cooperative
effort among the particular participating persons to achieve
the objectives of the agreement; and
(E) any other relevant information determined necessary by
the Attorney General, in consultation with the Chairman and
the Secretary.
(3) Exemption for conduct under approved agreement.--It
shall not be a violation of the antitrust laws for a person
to engage in conduct in accordance with a written agreement
to the extent that such agreement has been granted an
exemption under paragraph (4), during the period for which
the exemption is in effect.
(4) Action on written agreements.--
(A) In general.--The Attorney General, in consultation with
the Chairman, shall grant, deny, grant in part and deny in
part, or propose modifications to an exemption request
regarding a written agreement submitted under paragraph (2),
in a written statement to the Secretary, within 15 business
days of the receipt of such request. An exemption granted
under this paragraph shall take effect immediately.
(B) Extension.--The Attorney General may extend the 15-day
period referred to in subparagraph (A) for an additional
period of not to exceed 10 business days.
(C) Determination.--An exemption shall be granted regarding
a written agreement submitted in accordance with paragraph
(2) only to the extent that the Attorney General, in
consultation with the Chairman and the Secretary, finds that
the conduct that will be exempted will not have any
substantial anticompetitive effect that is not reasonably
necessary for ensuring the availability of the countermeasure
or product involved.
(5) Limitation on and renewal of exemptions.--An exemption
granted under paragraph (4) shall be limited to covered
activities, and such exemption shall be renewed (with
modifications, as appropriate, consistent with the finding
described in paragraph (4)(C)), on the date that is 3 years
after the date on which the exemption is granted unless the
Attorney General in consultation with the Chairman determines
that the exemption should not be renewed (with modifications,
as appropriate) considering the factors described in
paragraph (4).
(6) Authority to obtain information.--Consideration by the
Attorney General for granting or renewing an exemption
submitted under this section shall be considered an antitrust
investigation for purposes of the Antitrust Civil Process Act
(15 U.S.C. 1311 et seq.).
(7) Limitation on parties.--The use of any information
acquired under an agreement for which an exemption has been
granted under paragraph (4), for any purpose other than
specified in the exemption, shall be subject to the antitrust
laws and any other applicable laws.
(8) Report.--Not later than one year after the date of
enactment of this Act and biannually thereafter, the Attorney
General and the Chairman shall report to Congress on the use
of the exemption from the antitrust laws provided by this
subsection.
(b) Sunset.--The applicability of this section shall expire
at the end of the 6-year period that begins on the date of
enactment of this Act.
(c) Definitions.--In this section:
(1) Antitrust laws.--The term ``antitrust laws''--
(A) has the meaning given such term in subsection (a) of
the first section of the Clayton Act (15 U.S.C. 12(a)),
except that such term includes section 5 of the Federal Trade
Commission Act (15 U.S.C. 45) to the extent such section 5
applies to unfair methods of competition; and
(B) includes any State law similar to the laws referred to
in subparagraph (A).
(2) Countermeasure or product.--The term ``countermeasure
or product'' refers to

[[Page S11218]]

a security countermeasure, qualified countermeasure, or
qualified pandemic or epidemic product (as those terms are
defined in subsection (a)(1)).
(3) Covered activities.--
(A) In general.--Except as provided in subparagraph (B),
the term ``covered activities'' includes any activity
relating to the development, manufacture, distribution,
purchase, or storage of a countermeasure or product.
(B) Exception.--The term ``covered activities'' shall not
include, with respect to a meeting or consultation conducted
under subsection (a)(1) or an agreement for which an
exemption has been granted under subsection (a)(4), the
following activities involving 2 or more persons:
(i) Exchanging information among competitors relating to
costs, profitability, or distribution of any product,
process, or service if such information is not reasonably
necessary to carry out covered activities--

(I) with respect to a countermeasure or product regarding
which such meeting or consultation is being conducted; or
(II) that are described in the agreement as exempted.

(ii) Entering into any agreement or engaging in any other
conduct--

(I) to restrict or require the sale, licensing, or sharing
of inventions, developments, products, processes, or services
not developed through, produced by, or distributed or sold
through such covered activities; or
(II) to restrict or require participation, by any person
participating in such covered activities, in other research
and development activities, except as reasonably necessary to
prevent the misappropriation of proprietary information
contributed by any person participating in such covered
activities or of the results of such covered activities.

(iii) Entering into any agreement or engaging in any other
conduct allocating a market with a competitor that is not
expressly exempted from the antitrust laws under subsection
(a)(4).
(iv) Exchanging information among competitors relating to
production (other than production by such covered activities)
of a product, process, or service if such information is not
reasonably necessary to carry out such covered activities.
(v) Entering into any agreement or engaging in any other
conduct restricting, requiring, or otherwise involving the
production of a product, process, or service that is not
expressly exempted from the antitrust laws under subsection
(a)(4).
(vi) Except as otherwise provided in this subsection,
entering into any agreement or engaging in any other conduct
to restrict or require participation by any person
participating in such covered activities, in any unilateral
or joint activity that is not reasonably necessary to carry
out such covered activities.
(vii) Entering into any agreement or engaging in any other
conduct restricting or setting the price at which a
countermeasure or product is offered for sale, whether by bid
or otherwise.

SEC. 406. PROCUREMENT.

Section 319F-2 of the Public Health Service Act (42 U.S.C.
247d-6b) is amended--
(1) in the section heading, by inserting ``AND SECURITY
COUNTERMEASURE PROCUREMENTS'' before the period; and
(2) in subsection (c)--
(A) in the subsection heading, by striking ``Biomedical'';
(B) in paragraph (3)--
(i) by striking ``countermeasures.--The Secretary'' and
inserting the following: ``countermeasures.--
``(A) In general.--The Secretary''; and
(ii) by adding at the end the following:
``(B) Information.--The Secretary shall institute a process
for making publicly available the results of assessments
under subparagraph (A) while withholding such information
as--
``(i) would, in the judgment of the Secretary, tend to
reveal public health vulnerabilities; or
``(ii) would otherwise be exempt from disclosure under
section 552 of title 5, United States Code.'';
(C) in paragraph (4)(A), by inserting ``not developed or''
after ``currently'';
(D) in paragraph (5)(B)(i), by striking ``to meet the needs
of the stockpile'' and inserting ``to meet the stockpile
needs'';
(E) in paragraph (7)(B)--
(i) by striking the subparagraph heading and all that
follows through ``Homeland Security Secretary'' and inserting
the following: ``Interagency agreement; cost.--The Homeland
Security Secretary''; and
(ii) by striking clause (ii);
(F) in paragraph (7)(C)(ii)--
(i) by amending subclause (I) to read as follows:

``(I) Payment conditioned on delivery.--The contract shall
provide that no payment may be made until delivery of a
portion, acceptable to the Secretary, of the total number of
units contracted for, except that, notwithstanding any other
provision of law, the contract may provide that, if the
Secretary determines (in the Secretary's discretion) that an
advance payment, partial payment for significant milestones,
or payment to increase manufacturing capacity is necessary to
ensure success of a project, the Secretary shall pay an
amount, not to exceed 10 percent of the contract amount, in
advance of delivery. The Secretary shall, to the extent
practicable, make the determination of advance payment at the
same time as the issuance of a solicitation. The contract
shall provide that such advance payment is required to be
repaid if there is a failure to perform by the vendor under
the contract. The contract may also provide for additional
advance payments of 5 percent each for meeting the milestones
specified in such contract, except that such payments shall
not exceed 50 percent of the total contract amount. If the
specified milestones are reached, the advanced payments of 5
percent shall not be required to be repaid. Nothing in this
subclause shall be construed as affecting the rights of
vendors under provisions of law or regulation (including the
Federal Acquisition Regulation) relating to the termination
of contracts for the convenience of the Government.''; and

(ii) by adding at the end the following:

``(VII) Sales exclusivity.--The contract may provide that
the vendor is the exclusive supplier of the product to the
Federal Government for a specified period of time, not to
exceed the term of the contract, on the condition that the
vendor is able to satisfy the needs of the Government. During
the agreed period of sales exclusivity, the vendor shall not
assign its rights of sales exclusivity to another entity or
entities without approval by the Secretary. Such a sales
exclusivity provision in such a contract shall constitute a
valid basis for a sole source procurement under section
303(c)(1) of the Federal Property and Administrative Services
Act of 1949 (41 U.S.C. 253(c)(1)).
``(VIII) Warm based surge capacity.--The contract may
provide that the vendor establish domestic manufacturing
capacity of the product to ensure that additional production
of the product is available in the event that the Secretary
determines that there is a need to quickly purchase
additional quantities of the product. Such contract may
provide a fee to the vendor for establishing and maintaining
such capacity in excess of the initial requirement for the
purchase of the product. Additionally, the cost of
maintaining the domestic manufacturing capacity shall be an
allowable and allocable direct cost of the contract.
``(IX) Contract terms.--The Secretary, in any contract for
procurement under this section, may specify--

``(aa) the dosing and administration requirements for
countermeasures to be developed and procured;
``(bb) the amount of funding that will be dedicated by the
Secretary for development and acquisition of the
countermeasure; and
``(cc) the specifications the countermeasure must meet to
qualify for procurement under a contract under this
section.''; and
(G) in paragraph (8)(A), by adding at the end the
following: ``Such agreements may allow other executive
agencies to order qualified and security countermeasures
under procurement contracts or other agreements established
by the Secretary. Such ordering process (including transfers
of appropriated funds between an agency and the Department of
Health and Human Services as reimbursements for such orders
for countermeasures) may be conducted under the authority of
section 1535 of title 31, United States Code, except that all
such orders shall be processed under the terms established
under this subsection for the procurement of
countermeasures.''.
______

SA 5211. Ms. COLLINS submitted an amendment intended to be proposed
by her to the bill S. 3821, to authorize certain athletes to be
admitted temporarily into the United States to compete or perform in an
athletic league, competition, or performance; which was referred to the
Committee on the Judiciary; as follows:

Strike all after the enacting clause and insert the
following:

SECTION 1. SHORT TITLE.

This Act may be cited as either the ``Creating
Opportunities for Minor League Professionals, Entertainers,
and Teams through Legal Entry Act of 2006'' or the ``COMPETE
Act of 2006''.

SEC. 2. NONIMMIGRANT ALIEN STATUS FOR CERTAIN ATHLETES.

(a) In General.--Section 214(c)(4)(A) of the Immigration
and Nationality Act (8 U.S.C. 1184(c)(4)(A)) is amended by
striking clauses (i) and (ii) and inserting the following:
``(i)(I) performs as an athlete, individually or as part of
a group or team, at an internationally recognized level of
performance;
``(II) is a professional athlete, as defined in section
204(i)(2);
``(III) performs as an athlete, or as a coach, as part of a
team or franchise that is located in the United States and a
member of a foreign league or association of 15 or more
amateur sports teams, if--
``(aa) the foreign league or association is the highest
level of amateur performance of that sport in the relevant
foreign country;
``(bb) participation in such league or association renders
players ineligible, whether on a temporary or permanent
basis, to earn a scholarship in, or participate in, that
sport at a college or university in the United States under
the rules of the National Collegiate Athletic Association;
and
``(cc) a significant number of the individuals who play in
such league or association are drafted by a major sports
league or a minor league affiliate of such a sports league;
or
``(IV) is a professional athlete or amateur athlete who
performs individually or as part

[[Page S11219]]

of a group in a theatrical ice skating production; and
``(ii) seeks to enter the United States temporarily and
solely for the purpose of performing--
``(I) as such an athlete with respect to a specific
athletic competition; or
``(II) in the case of an individual described in clause
(i)(IV), in a specific theatrical ice skating production or
tour.''.
(b) Limitation.--Section 214(c)(4) of the Immigration and
Nationality Act (8 U.S.C. 1184(c)(4)) is amended by adding at
the end the following:
``(F)(i) No nonimmigrant visa under section
101(a)(15)(P)(i)(a) shall be issued to any alien who is a
national of a country that is a state sponsor of
international terrorism unless the Secretary of State
determines, in consultation with the Secretary of Homeland
Security and the heads of other appropriate United States
agencies, that such alien does not pose a threat to the
safety, national security, or national interest of the United
States. In making a determination under this subparagraph,
the Secretary of State shall apply standards developed by the
Secretary of State, in consultation with the Secretary of
Homeland Security and the heads of other appropriate United
States agencies, that are applicable to the nationals of such
states.
``(ii) In this subparagraph, the term `state sponsor of
international terrorism' means any country the government of
which has been determined by the Secretary of State under any
of the laws specified in clause (iii) to have repeatedly
provided support for acts of international terrorism.
``(iii) The laws specified in this clause are the
following:
``(I) Section 6(j)(1)(A) of the Export Administration Act
of 1979 (50 U.S.C. App. 2405(j)(1)(A)) (or successor
statute).
``(II) Section 40(d) of the Arms Export Control Act (22
U.S.C. 2780(d)).
``(III) Section 620A(a) of the Foreign Assistance Act of
1961 (22 U.S.C. 2371(a)).''.
(c) Petitions for Multiple Aliens.--Section 214(c)(4) of
the Immigration and Nationality Act (8 U.S.C. 1184(c)(4)), as
amended by subsection (b), is further amended by adding at
the end the following:
``(G) The Secretary of Homeland Security shall permit a
petition under this subsection to seek classification of more
than 1 alien as a nonimmigrant under section
101(a)(15)(P)(i)(a).''.
(d) Relationship to Other Provisions of the Immigration and
Nationality Act.--Section 214(c)(4) of the Immigration and
Nationality Act (8 U.S.C. 1184(c)(4)), as amended by
subsections (b) and (c), is further amended by adding at the
end the following:
``(H) The Secretary of Homeland Security shall permit an
athlete, or the employer of an athlete, to seek admission to
the United States for such athlete under a provision of this
Act other than section 101(a)(15)(P)(i) if the athlete is
eligible under such other provision.''.

____________________