A bill to provide for the coordination and use of the National Domestic Preparedness Consortium by the Department of Homeland Security, and for other purposes.

Mr. President, the events of the past few months remind us of the vital role of first responders in responding to natural disasters and terrorists attacks. First responders are just that: the first to respond. When they arrive on the scene, they often face fluid and volatile situations whereupon they are required to make split- second decisions, each of which has the potential to affect thousands of lives. For this reason, it is important that our first responders receive the training and experience needed to make critical life saving decisions under emergency circumstances. I believe that an essential element of preparing our first responders is to provide them with hands-on experience in simulated, real-world training environments.

The importance of real world training was called to my attention by a visit to the Technology Training Center (TTC) in Pueblo, CO. There, I witnessed first hand the tools at our disposal to equip our first responders with the training they need, specifically in the context of rail and mass transit. Already aware of the training facilities at the disposal of our first responders through the Department of Homeland Security's National Domestic Preparedness Consortium (NDPC), TTC's potential to fill a gap in the rail and mass transit environment became apparent.

Congress recognized the need to train first responders in the 1998 Appropriations Act, Public Law 105-119, and accompanying report. There, Congress stated that, while the Federal Government plays an important role in preventing and responding to these types of threats, state and local public safety personnel are typically first to respond to the scene when such incidents occur. As a result, Congress authorized the Attorney General to assist state and local public safety personnel in acquiring the specialized training and equipment necessary to safely respond to and manage terrorist incidents involving weapons of mass destruction.

On April 30, 1998, the Attorney General delegated authority to the Justice Department's Office of Justice Programs (OJP) to develop and administer training and equipment assistance programs for state and local emergency response agencies to better prepare them against this threat. To execute this mission, the Office of Justice Programs established the Office for Domestic Preparedness (ODP) to develop and administer a national Domestic Preparedness Program.

Upon passage of the Homeland Security Act of 2002, Pub. L. 107-296, the ODP was transferred to the Department of Homeland Security from OJP. In 2003, a number of grant programs and functions from other DHS components were consolidated with ODP, including the NDPC, under a new DHS agency, the Office of State and Local Government Coordination and Preparedness (SLGCP).

Today, SLGCP is the Federal Government's lead agency responsible for preparing the nation against terrorism by assisting states, local and tribal jurisdictions, and regional authorities as they prevent, deter, and respond to terrorist acts. SLGCP's ODP provides tailored training to enhance the capacity of States and local jurisdictions to prevent, deter, and respond safely and effectively to emergency situations.

ODP draws upon a coalition of ``training partners'' in the development and delivery of state-of-the-art training programs. This coalition is composed of government facilities, academic institutions, and private organizations, all of which are committed to providing a variety of specialized training for emergency responders across the country.

ODP's major training partner is the NDPC, through which ODP identifies, develops, tests, and delivers training to state and local emergency responders. The NDPC includes: ODP's Center for Domestic Preparedness (CDP): CDP provides advanced, hands-on training to members of the emergency response community in the areas of command, advanced hazmat, and tactical operations. CDP is the only WMD training facility that provides hands-on training to civilian emergency responders in

a toxic chemical agent environment. New Mexico Institute of Mining and Technology (NMIMT): NMIMT, a world leader in explosives research, serves as the lead NDPC partner for explosives, firearms, and incendiary devices training. New Mexico Tech also delivers a program on suicide bombing prevention. Louisiana State University (LSU): LSU provides training and expertise in the areas of law enforcement, bioterrorism, agricultural terrorism, weapons of mass destruction, and mass casualty incidents. Texas A&M University System, Texas Engineering Extension Service (TEEX): TEEX develops and conducts national WMD preparedness training for all emergency response disciplines, as well as courses in incident management/unified command, threat and risk assessments, operations for public works, and WMD operations for emergency medical services. TEEX also conducts a structural collapse technician course to build state capabilities for urban search and rescue operations. Department of Energy's Nevada Test Site (NTS): NTS conducts radiological and nuclear training at NTS and via mobile training teams. It also develops and delivers radiological/nuclear mobile training at the awareness and operations levels and conducts train-the-trainer courses for first responders across the country.

Although it consists of an impressive array of training facilities, the National Domestic Preparedness Consortium is not statutorily authorized and does not include a facility that is uniquely focused on emergency preparedness within the railroad and mass transit environment. Therefore, in addition to specifically authorizing the NDPC, this bill incorporates the Transportation Technology Center into the Department of Homeland Security's National Domestic Preparedness Consortium, filling a critical gap in its current training agenda.

TTC is a federally-owned, 52 square mile multi-modal testing and training facility in Pueblo, Colorado, operated by the Association of American Railroads (AAR). In 1985, TTC established an on site Emergency Response Training Center (ERTC) to train railroad officials to safely handle accidents involving tank cars carrying hazardous materials. The training proved to be so successful that attendance was opened up to other emergency responders. TTC now serves not only the transportation service industry, but also the public sector emergency response community, the chemical industry, government agencies, and emergency response contractors from all over the world.

Each year, an average of 1,700 first responders--from Portland, ME to Portland, OR--travel to Pueblo, CO, to participate in TTC's training program. Former participants include over 600 fire departments and entities from 45 states; 16 state police agencies from Arkansas, Colorado, Idaho, Illinois, Indiana, Kentucky, Louisiana, Massachusetts, Michigan, Missouri, New Jersey, Nebraska, New Mexico, Oregon, Texas, and Washington; and numerous government agencies, including the U.S. Air Force, Army, Coast Guard, Customs Service, Federal Bureau of Investigations, Environmental Protection Agency, Drug Enforcement Agency, National Oceanic and Atmospheric Administration, and the National Transportation Safety Board. In its 20 year history, the facility has trained more than 20,000 students worldwide.

The ERTC is regarded as the ``graduate school'' of hazmat training because of its focus on hands-on, true to life, training exercises on actual rail vehicles, including tank cars and passenger rail cars. The ERTC is uniquely positioned to teach emergency response for railway- related emergencies with 69 railway freight cars, 15 railroad passenger cars, 25 highway cargo tanks, van trailers, and intermodal containers, and computer work stations equipped with the latest emergency response software. The Passenger Railcar Security and Integrity Training Facility is currently being developed to test various inspection, response, and remediation techniques' effectiveness for mitigation to incidents involving passenger railcars. This facility focuses on chemical, biological, radiological, nuclear, or explosive incidents and other activities associated with potential terrorist events.

The distinctive environment of TTC allows testing and training activities to be carried out at a remote Colorado location without disruption to the flow of passenger and rail traffic in and around urban areas. Its inclusion in the NDPC presents a unique opportunity to enhance technology and training that will improve our Nation's ability to prevent, minimize, and respond to potential terrorist attacks similar to those recently seen in London and Madrid.

It is for these reasons, among others, that I rise today to introduce a bill statutorily authorizing the National Domestic Preparedness Consortium, as expanded to include the Transportation Technology Center in Pueblo, CO, and providing for its coordination and use by the Department of Homeland Security in training the Nation's first responders.

Mr. President, the events of the past few months remind us of the vital role of first responders in responding to natural disasters and terrorists attacks. First responders are just that: the first to respond. When they arrive on the scene, they often face fluid and volatile situations whereupon they are required to make split- second decisions, each of which has the potential to affect thousands of lives. For this reason, it is important that our first responders receive the training and experience needed to make critical life saving decisions under emergency circumstances. I believe that an essential element of preparing our first responders is to provide them with hands-on experience in simulated, real-world training environments.

The importance of real world training was called to my attention by a visit to the Technology Training Center (TTC) in Pueblo, CO. There, I witnessed first hand the tools at our disposal to equip our first responders with the training they need, specifically in the context of rail and mass transit. Already aware of the training facilities at the disposal of our first responders through the Department of Homeland Security's National Domestic Preparedness Consortium (NDPC), TTC's potential to fill a gap in the rail and mass transit environment became apparent.

Congress recognized the need to train first responders in the 1998 Appropriations Act, Public Law 105-119, and accompanying report. There, Congress stated that, while the Federal Government plays an important role in preventing and responding to these types of threats, state and local public safety personnel are typically first to respond to the scene when such incidents occur. As a result, Congress authorized the Attorney General to assist state and local public safety personnel in acquiring the specialized training and equipment necessary to safely respond to and manage terrorist incidents involving weapons of mass destruction.

On April 30, 1998, the Attorney General delegated authority to the Justice Department's Office of Justice Programs (OJP) to develop and administer training and equipment assistance programs for state and local emergency response agencies to better prepare them against this threat. To execute this mission, the Office of Justice Programs established the Office for Domestic Preparedness (ODP) to develop and administer a national Domestic Preparedness Program.

Upon passage of the Homeland Security Act of 2002, Pub. L. 107-296, the ODP was transferred to the Department of Homeland Security from OJP. In 2003, a number of grant programs and functions from other DHS components were consolidated with ODP, including the NDPC, under a new DHS agency, the Office of State and Local Government Coordination and Preparedness (SLGCP).

Today, SLGCP is the Federal Government's lead agency responsible for preparing the nation against terrorism by assisting states, local and tribal jurisdictions, and regional authorities as they prevent, deter, and respond to terrorist acts. SLGCP's ODP provides tailored training to enhance the capacity of States and local jurisdictions to prevent, deter, and respond safely and effectively to emergency situations.

ODP draws upon a coalition of ``training partners'' in the development and delivery of state-of-the-art training programs. This coalition is composed of government facilities, academic institutions, and private organizations, all of which are committed to providing a variety of specialized training for emergency responders across the country.

ODP's major training partner is the NDPC, through which ODP identifies, develops, tests, and delivers training to state and local emergency responders. The NDPC includes: ODP's Center for Domestic Preparedness (CDP): CDP provides advanced, hands-on training to members of the emergency response community in the areas of command, advanced hazmat, and tactical operations. CDP is the only WMD training facility that provides hands-on training to civilian emergency responders in

a toxic chemical agent environment. New Mexico Institute of Mining and Technology (NMIMT): NMIMT, a world leader in explosives research, serves as the lead NDPC partner for explosives, firearms, and incendiary devices training. New Mexico Tech also delivers a program on suicide bombing prevention. Louisiana State University (LSU): LSU provides training and expertise in the areas of law enforcement, bioterrorism, agricultural terrorism, weapons of mass destruction, and mass casualty incidents. Texas A&M University System, Texas Engineering Extension Service (TEEX): TEEX develops and conducts national WMD preparedness training for all emergency response disciplines, as well as courses in incident management/unified command, threat and risk assessments, operations for public works, and WMD operations for emergency medical services. TEEX also conducts a structural collapse technician course to build state capabilities for urban search and rescue operations. Department of Energy's Nevada Test Site (NTS): NTS conducts radiological and nuclear training at NTS and via mobile training teams. It also develops and delivers radiological/nuclear mobile training at the awareness and operations levels and conducts train-the-trainer courses for first responders across the country.

Although it consists of an impressive array of training facilities, the National Domestic Preparedness Consortium is not statutorily authorized and does not include a facility that is uniquely focused on emergency preparedness within the railroad and mass transit environment. Therefore, in addition to specifically authorizing the NDPC, this bill incorporates the Transportation Technology Center into the Department of Homeland Security's National Domestic Preparedness Consortium, filling a critical gap in its current training agenda.

TTC is a federally-owned, 52 square mile multi-modal testing and training facility in Pueblo, Colorado, operated by the Association of American Railroads (AAR). In 1985, TTC established an on site Emergency Response Training Center (ERTC) to train railroad officials to safely handle accidents involving tank cars carrying hazardous materials. The training proved to be so successful that attendance was opened up to other emergency responders. TTC now serves not only the transportation service industry, but also the public sector emergency response community, the chemical industry, government agencies, and emergency response contractors from all over the world.

Each year, an average of 1,700 first responders--from Portland, ME to Portland, OR--travel to Pueblo, CO, to participate in TTC's training program. Former participants include over 600 fire departments and entities from 45 states; 16 state police agencies from Arkansas, Colorado, Idaho, Illinois, Indiana, Kentucky, Louisiana, Massachusetts, Michigan, Missouri, New Jersey, Nebraska, New Mexico, Oregon, Texas, and Washington; and numerous government agencies, including the U.S. Air Force, Army, Coast Guard, Customs Service, Federal Bureau of Investigations, Environmental Protection Agency, Drug Enforcement Agency, National Oceanic and Atmospheric Administration, and the National Transportation Safety Board. In its 20 year history, the facility has trained more than 20,000 students worldwide.

The ERTC is regarded as the ``graduate school'' of hazmat training because of its focus on hands-on, true to life, training exercises on actual rail vehicles, including tank cars and passenger rail cars. The ERTC is uniquely positioned to teach emergency response for railway- related emergencies with 69 railway freight cars, 15 railroad passenger cars, 25 highway cargo tanks, van trailers, and intermodal containers, and computer work stations equipped with the latest emergency response software. The Passenger Railcar Security and Integrity Training Facility is currently being developed to test various inspection, response, and remediation techniques' effectiveness for mitigation to incidents involving passenger railcars. This facility focuses on chemical, biological, radiological, nuclear, or explosive incidents and other activities associated with potential terrorist events.

The distinctive environment of TTC allows testing and training activities to be carried out at a remote Colorado location without disruption to the flow of passenger and rail traffic in and around urban areas. Its inclusion in the NDPC presents a unique opportunity to enhance technology and training that will improve our Nation's ability to prevent, minimize, and respond to potential terrorist attacks similar to those recently seen in London and Madrid.

It is for these reasons, among others, that I rise today to introduce a bill statutorily authorizing the National Domestic Preparedness Consortium, as expanded to include the Transportation Technology Center in Pueblo, CO, and providing for its coordination and use by the Department of Homeland Security in training the Nation's first responders.

Madam President, I rise today to speak briefly about an amendment Senator Jeffords and I had hoped to offer to the Defense authorization bill. I understand it is not considered relevant, so we won't get a vote. That is unfortunate. I cannot imagine what is more relevant to the defense of our Nation than an amendment that would do something concrete about high energy prices, about national security, and about economic security--all with one vote.

Our amendment, which we are introducing today as a freestanding bill along with Senator Feinstein, would authorize the Department of Energy to build enough refining capacity to meet the energy needs of the Federal Government--primarily the Department of Defense--and also to supply the private market in times of shortages and price spikes.

There is bipartisan agreement that increasing refining capacity in the United States would help avoid the kinds of energy price spikes we have seen in the last few months. There also seems to be clear evidence that, despite generous incentives from the Government and soaring profits, the oil companies are not interested in building the new refineries we need. And in a free market, of course, that is their choice.

But in a democracy, we in Congress are charged with making a different choice. We need to do what is best for our national and economic security. And, in this case, that would be to stop begging and bribing the oil companies. By building our own refining capacity, we would be able to supply the fuel needs of the Federal Government at what it actually costs to make that fuel. And we would also be able to hold in reserve refining capacity that we could access to bring down the cost of gas in times when shortages raise prices.

Today, the Senate is holding important hearings on energy. I am concerned, however, that instead of offering answers and solutions, the oil companies will blame OPEC for the high price of gasoline, diesel fuel, and home heating oil. We should not let them get away with that because OPEC is only part of the story.

While the price of gasoline rose to record levels in recent months, the oil companies were earning increasingly high profits on each gallon of gasoline. One measure is the ``domestic spread,'' the retail gasoline pump price minus the cost of crude oil and taxes. During the 1900s, the domestic spread was about 40 cents per gallon for regular gas. This number has grown sharply since 2000. The domestic spread averaged above 50 cents per gallon between 2000 and 2004, and has reached as high as over 70 cents per gallon in recent months. In other words, the oil companies are earning much more today for a gallon of gas, even factoring in the higher price of crude oil.

Growing oil company profits also demonstrate this point: Oil industry profits, after tax, increased by $100 billion in the 5 years from 2000 to 2004, as compared to the previous 5-year period. ExxonMobil's earnings for the first 9 months of 2005--over $25 billion--already exceeded its full-year earnings for all of 2004. So obviously, these companies are doing much more than just passing along higher crude oil prices to customers.

One major reason for these soaring prices and profits is the oil industry's failure to increase refining capacity in the face of rising demand for refined petroleum products. A new refinery has not been built in the United States since the 1970s, and many oil refineries have been closed. In 1985, refining capacity equaled daily consumption of petroleum products. By 2002, daily consumption exceeded refining capacity by almost 20 percent.

As domestic supply falls short of domestic demand, three very dangerous

things happen: 1, we are forced to rely on more imports. 2, we pay higher and higher prices for our fuel. And, 3, our economy is increasingly vulnerable to disasters and disruptions--like those we saw in the wake of Hurricanes Katrina and Rita.

The bill we are introducing would authorize the Department of Energy to create a refining capacity equal to 5 percent of current domestic consumption. These refineries would supply the Federal Government's need for petroleum products, estimated to be roughly 2 percent of U.S. consumption. The extra 3 percent of capacity would be available for emergencies and market disruptions.

This ``Strategic Refining Reserve'' would have a direct effect on energy prices to the consumer. It would get the Federal Government out of the private market where its huge demand for energy drives up prices. And it would increase the amount of oil that can be refined in this country in times when the oil companies' refining capacity is tapped out.

We have a duty to protect consumers, our economy, and our national security from an industry that often seems focused only on the short- term bottom line. We have a duty to respond with concrete help for the families and businesses that tell us daily of the enormous financial threat posed by soaring energy prices. And we have a duty to make sure our military has access to a steady, affordable supply of domestically refined fuel.

Though we will not be able to offer this proposal as an amendment to the DOD authorization bill, we have introduced it as a bill, and we plan to continue to look for opportunities for a vote. We need to take sole control of fuel prices away from the oil companies. We need to take charge and bring the price of fuel down by building this ``Strategic Refinery Reserve.''

I ask unanimous consent that the text of the bill be printed in the Record.

There being objection, the bill was ordered to be printed in the Record, as follows:

Mr. President, today I rise to introduce legislation that would provide a tax credit for home energy costs to low- and middle- income taxpayers. This legislation will help those who are struggling to simply heat their homes as winter approaches and while fuel prices remain so high.

Home heating oil in Maine is $2.52 per gallon, up 59 cents from a year ago. Kerosene prices average $2.95 a gallon, 75 cents higher than this time last year. Some projections have a gallon of heating oil reaching $3.00! And I am told that rolling blackouts on cold days this winter may be a possibility because of a high demand for electricity.

According to the National Energy Assistance Directors Association, heating costs for the average family using heating oil are projected to hit $1,666 for the upcoming winter. This represents an increase of $403 over last winter's prices and $714 over the winter heating season of 2003-2004. Should colder weather prevail, these costs will surely increase, especially for States like Maine.

So understandably, my constituents are asking how they will be able to afford to pay home heating oil bills that are 30 percent more expensive than last year. This is a crisis that has arrived.

Heating one's home is a necessity of life--so much so that 73 percent of households in a recent survey reported they would cut back on, and even go without, other necessities such as food, prescription drugs, and mortgage and rent payments. Churches, food pantries, local service organizations--they are all deeply concerned, and the leaves have barely fallen from the trees.

In order to help low- and middle-income families heat their homes this winter, I am proposing a tax credit for home energy costs up to $500. The credit would be available to married couples earning less than $100,000 and single taxpayers making less than $50,000.

My legislation also directs the Treasury Department to assist individuals to adjust their withholding amounts for 2006, which will immediately increase take home pay. Without adjusting their withholding, taxpayers would not benefit from the credit until they file their taxes sometime in 2007, possibly long after energy prices have returned to a normal level. As a result, this is a crucial provision to ensure that these individuals and families get a helping hand exactly when they need it most. Finally, any unused credit amount could be carried back to the prior two taxable years or carried forward to future taxable years.

It is critical that those who would benefit from the home energy credit are not at the same time required to shoulder the burden of the cost of the credit through an increase in the national debt. This credit should be paid for, and it makes sense to me that costs of the credit should be financed by those who profit the most by high energy prices, namely large oil companies. I am concerned that while many individuals are forced to make the choice of heating one's home or meeting the other basic necessities of life, large oil companies are showing record profits. Therefore, the Home Energy Cost Tax Assistance Act includes an offset provision to disallow the tax benefit that large oil companies with

revenues in excess of $1 billion in 2005 receive by use of the Last-In, First-Out (LIFO) tax accounting method. Instead, these companies would be required to use the First-In, First-Out (FIFO) method of accounting for 2005. Put another way, the proposal would scale back a tax provision that allows oil companies to take an enormous tax deduction when prices are sky high and allows them to boost after-tax profits even further. As big oil companies show record profits on the backs of ordinary Americans, they have less of a need for such a tax break, and I believe it is fair to scale back this tax break in order to lend a helping hand to low- and middle-income workers.

It is critical that Congress act to help low and middle income Americans absorb the increased home energy costs associated with the drastic increase in price of fuel. Temperatures are falling, prices are rising and we must move swiftly.

I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, I rise to introduce a bill that will have a profound effect on the retention of teachers, administrators, and other school staff in remote and rural areas of Alaska.

In rural areas of Alaska, school districts face the challenge of recruiting and retaining teachers, administrators and other school staff due to the lack of housing. In one particular year in the Lower Kuskokwim School District in western Alaska, they hired one teacher for every six who decided not to accept job offers. Half of the applicants who did not accept a teaching position in that district indicated that their decision was related to the lack of housing.

In 2003, I traveled through rural Alaska with then-Education Secretary Rod Paige. I wanted him to see the challenges of educating children in such a remote and rural environment. At the village school in Savoonga, the principal slept in a broom closet in the school due to the lack of housing in that village. The special education teacher slept in her classroom, bringing a mattress out each evening to sleep on the floor. The other teachers shared housing in a single home. Needless to say, there is not enough room for the teachers' spouses. Unfortunately, Savoonga is not an isolated example of the teacher housing situation in rural Alaska.

Rural Alaskan school districts experience a high rate of teacher turnover due to the lack of housing. Turnover is as high as 30 percent each year in some rural areas with housing issues being a major factor. How can we expect our

children to receive a quality education when the good teachers don't stay? How can we meet the mandates of No Child Left Behind in such an educational environment? Clearly, the lack of teacher housing in rural Alaska is an issue that must be addressed in order to ensure that children in rural Alaska receive the same level of education as their peers in more urban settings.

My bill authorizes the Department of Housing and Urban Development to provide teacher housing funds to the Alaska Housing Finance Corporation, which is a State agency. In turn, the corporation is authorized to provide grant and loan funds to rural school districts in Alaska for teacher housing projects.

This legislation will allow school districts in rural Alaska to address the housing shortage in the following ways: construct housing units; purchase housing units; lease housing units; rehabilitate housing units; purchase or lease property on which housing units will be constructed, purchased or rehabilitated; repay loans secured for teacher housing projects; and conduct any other activities normally related to the construction, purchase, or rehabilitation of teacher housing projects.

Eligible school districts that accept funds under this legislation will be required to provide the housing to teachers, administrators, other school staff, and members of their households.

It is imperative that we address this important issue and allow the disbursement of funds to be handled at the State level. The quality of education of our rural students is at stake.

I ask unanimous consent that the text of the bill be printed in the Record.