[Congressional Record Volume 148, Number 9 (Thursday, February 7, 2002)]
[Senate]
[Pages S489-S497]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. KERRY (for himself and Mr. Bond):
S. 1914. A bill to amend title 49, United States Code, to provide a
mandatory fuel surcharge for transportation provided by certain motor
carriers, and for other purposes; to the Committee on Commerce,
Science, and Transportation.
Mr. KERRY. Mr. President, today I am pleased to introduce the Motor
Carrier Fuel Cost Equity Act, which is much-needed legislation. My bill
is designed to improve the ability of independent truck drivers to
recoup losses from high fuel costs by requiring that motor carriers
charge a fuel surcharge when the price of diesel fuel rises above $1.15
and pass-through this surcharge to the payer of the fuel costs. My bill
will level the playing field for small operators, which comprise nearly
80 percent of the motor carrier industry, without any cost or
regulatory requirement for the Federal Government.
There are approximately 350,000 independent truck drivers, known as
owner-operators, who haul freight either on a per-load contractual
basis or by leasing their truck and driving services to a motor
carrier, freight forwarder or other shipping broker. Owner-operators
essentially are independent contractors. Sometimes they provide their
services directly to a shipper, but more often owner-operators contract
out their services to a motor carrier company which negotiates its own
contract with a shipper and then pays the owner-operator to provide the
transport service.
Fuel surcharges are a long-established method of permitting motor
carriers, airlines and even taxis to recover high fuel costs. But
because of intense competition in the industry, owner-operators have
little ability to negotiate terms of transport with a motor carrier,
and in virtually no circumstance are they able to pass along the
increased costs of fuel to the shipper. The inability of independent
truck drivers to pass along the higher fuel costs of the last two years
has resulted in the bankruptcy of 7,000 trucking companies, nearly all
small businesses, and the repossession of nearly 200,000 trucks.
I'd like to make clear a couple of additional points about the
legislation: First, the bill would not affect less-than-truckload
carriers, such as package delivery services. Many of these services are
already imposing surcharges and they don't face the same unique
situation that confronts the independent trucker. Second, my bill
allows the parties to set their own surcharge formulas, but the
surcharge must be sufficient to fully compensate the person who pays
for the fuel. That's only fair, but it allows the motor carriers and
truckers the greatest degree of flexibility in negotiating the terms of
transport.
While national diesel fuel costs have recently fallen below the $1.15
threshold, we know well that fuel costs can increase suddenly.
America's independent truckers, which form the backbone of truck
transportation in this country, deserve the ability to protect
themselves during these periods of high diesel fuel prices.
I am proud to be joined by Senator Bond in introducing this bill
today. I am also pleased that Congressman Rahall has introduced similar
legislation on the House side. He has worked hard on this bill for
several years now, and I look forward to working closely with him as we
move forward on this legislation.
______
By Mrs. LINCOLN:
S. 1915. A bill to amend the Internal Revenue Code of 1986 to treat
natural gas distribution lines as 10-year property for depreciation
purposes; to the Committee on Finance.
Mrs. LINCOLN. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows.
S. 1915
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. NATURAL GAS DISTRIBUTION LINES TREATED AS 10-YEAR
PROPERTY.
(a) In General.--Subparagraph (D) of section 168(e)(3) of
the Internal Revenue Code of 1986 (relating to classification
of certain property) is amended by striking ``and'' at the
end of clause (i), by striking the period at the end of
clause (ii) and by inserting ``, and'', and by adding at the
end the following new clause:
``(iii) any natural gas distribution line.''.
(b) Alternative System.--The table contained in section
168(g)(3)(B) of the Internal Revenue Code of 1986 is amended
by inserting after the item relating to subparagraph (D)(ii)
the following:
``(D)(iii)........................................................20''.
(c) Alternative Minimum Tax Exception.--Subparagraph (B) of
section 56(a)(1) of the Internal Revenue Code of 1986 is
amended by inserting before the period the following: ``or in
clause (iii) of section 168(e)(3)(D)''.
(d) Effective Date.--The amendments made by this section
shall apply to property placed in service after the date of
the enactment of this Act.
______
By Mr. JEFFORDS (for himself, Mr. Smith of New Hampshire, Mr.
Reid, Mr. Inhofe, Mr. Baucus, Mr. Warner, Mr. Graham, Mr. Bond,
Mr. Voinovich, Mr. Lieberman, Mr. Crapo, Mrs. Boxer, Mr.
Chafee, Mr. Specter, Mr. Wyden, Mr. Carper, Mr. Campbell, Mrs.
Clinton, and Mr. Corzine):
S. 1917. A bill to provide for highway infrastructure investment at
the guaranteed funding level contained in the Transportation Equity Act
for the 21st Century; to the Committee on Environment and Public Works.
Mr. JEFFORDS. Mr. President, I ask unanimous consent that the Highway
Funding Restoration Act as cosponsored by Senators Smith of New
Hampshire, Reid, Inhofe, Baucus, Warner, Boxer, Campbell, Carper,
Crapo, Clinton, Specter, Lieberman, Voinovich, Graham of Florida,
Wyden, Corzine, Bond, and Chafee, be printed in the Record. The bill
provides for highway infrastructure investment at the guaranteed
funding level contained in the Transportation Equity Act for the 21st
Century.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 1917
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Highway Funding Restoration
Act''.
SEC. 2. FEDERAL-AID HIGHWAY PROGRAM OBLIGATION CEILING.
Section 1102 of the Transportation Equity Act for the 21st
Century (23 U.S.C. 104 note; 112 Stat. 115, 113 Stat. 1753)
is amended by adding at the end the following:
``(k) Restoration of Obligation Limitation for Fiscal Year
2003.--Notwithstanding any other provision of law, the
obligations for Federal-aid highway and highway safety
construction programs for fiscal year 2003--
``(1) shall be not less than $27,746,000,000; and
``(2) shall be distributed in accordance with this
section.''.
______
By Ms. COLLINS (for herself, Mr. Frist, Mr. Lieberman, Mr.
DeWine, Mr. Roberts, Mr. Sessions, Mr. Carper, and Mr. Breaux):
S. 1918. A bill to expand the teacher loan forgiveness programs under
the guaranteed and direct student loan programs for higher qualified
teachers of mathematics, science, and special education, and for other
purposes; to the Committee on Health, Education, Labor, and Pensions.
Ms. COLLINS. Mr. President, I rise today with my colleagues, Senators
Frist, Lieberman, DeWine, Roberts, and Sessions to introduce the Math,
Science, and Special Education Teacher Recruitment Act of 2002. I
particularly want to thank the Senator from Tennessee for his tireless
efforts and his leadership on this issue. The legislation we have
before us today is, in large part, a product of his commitment to
affordable education. I would also like to thank the Senator from
Connecticut for his assistance and his dedication to solving America's
teacher shortage.
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The legislation we are introducing is designed to recruit teachers
with an expertise in math, science, or special education to work in
schools with high concentrations of low-income students by offering
substantial assistance with their student loan payments.
All across our Nation, public schools are struggling to fill teaching
positions with qualified teachers. In the 2001-2002 school year,
administrators had to hire an estimated 200,000 new teachers just to
maintain the current teacher/student radio. Although universities
continue to produce a greater number of teachers each year, the
profession is losing too many of its most qualified and experienced
personnel to retirement. In Maine, for example, 30.2 percent of
teachers are over the age of 50. With such a large portion of the
profession nearing retirement, additional replacements will be needed
in the next few years. The national teaching shortage is expected to
continue throughout the next decade, making it more and more difficult
for schools to find qualified instructors.
Attracting new faculty is difficult enough, but finding applicants
with backgrounds in math, science, or special education can be
particularly demanding. Among first year teachers, approximately 55
percent graduated from college with a bachelors in general education.
Many more graduated with liberal arts degrees or majors unrelated to
the curriculum they teach. The result is a system where only 38 percent
of public school teachers hold subject-matter specific degrees.
In Maine, the shortage of qualified applicants is most severe with
regard to math, science, special education, and foreign languages.
Eighty nine percent of our high schools reported a shortage in math
teachers, and 87 percent reported a shortage of science teachers. With
the recent developments in technology and computing, it is becoming
more important than ever that our schoolchildren enter the workforce
with a firm grasp of math and science. Yet, it is more and more
difficult to attract math and science specialists to the teaching
profession. As for special education, the Council for Exceptional
Children reports that 50,000 special education positions were unfilled
or filled by teachers without a full certification.
If this teacher shortage is a burden on suburban school districts
with ample resources, you can imagine the strain it puts on high
poverty school systems. Problems are amplified in high-need areas:
Teachers are likely to be the least experienced, often just out of
school, they are less likely to hold a masters degree, and they are
less likely to have majored in their field of instruction.
To help deal with this epidemic, Senator FRIST and I put together a
proposal that would expand the current loan forgiveness program for
math and science teachers who are willing to teach in high-poverty
areas. Under the Act, teachers who commit to teach for five consecutive
years in a low-income/high-need area would be eligible for $17,500 in
loan forgiveness instead of the current benefit of $5,000. To meet the
pressing need for special educators, the proposal would also make
special educators eligible for the loan assistance for the first time.
We expect this legislation will expand upon the successes of the
current program and encourage a greater number of college graduates to
enter the teaching profession. We are also hopeful that it will
encourage more of the best qualified teachers to consider teaching in
high need areas.
We are delighted that the President has included $45 million in his
budget for a similar proposal. Once again, President Bush has chosen to
make education a priority, and I look forward to working with my
colleagues and the Administration on this important piece of
legislation.
Mr. FRIST. Mr. President, I rise to speak about a bill being
introduced today by Senator Collins, a bill that would expand loan
forgiveness for math, science and special education teachers. I am
proud to be a cosponsor of this legislation.
At this time, I would like to share with you some startling
statistics regarding the status of teaching skills in our country. More
than 1 in 4 high school math teachers and nearly 1 in 5 high school
science teachers lack even a minor in their main teaching field. About
56 percent of high school students taking physical science are taught
by out-of-field teachers, as are 27 percent of those taking math. And
these percentages are much greater among high-poverty areas. Among
schools with the highest minority enrollments, for example, students
have less than a 50 percent chance of getting a science or math teacher
who hold both a license and a degree in the field being taught. One
survey taken among 40 large urban schools, for instance, showed that
more than 90 percent of them had an immediate need for a certified math
or science teacher.
This shortage of strong math and science teachers is having a direct
effect on the performance of our students. The most recent NAEP science
section results showed that the performance of fourth- and eighth-grade
students remained about the same since 1996, but scores for high school
seniors changed significantly: up six points for private school
students and down four for public school students, for a net national
decline of three points. Moreover, a whopping 82 percent of twelfth-
grade students are not proficient in science and the achievement gaps
among eighth-graders are appalling: Only 41 percent of white, 7 percent
of African-American and 12 percent of Hispanic students are proficient.
The disappointing overall results for seniors on the science section
of the NAEP prompted Education Secretary Rod Paige to call the decline
``morally significant.'' He warned, ``If our graduates know less about
science than their predecessors four years ago, then our hopes for a
strong 21st century workforce are dimming just when we need them
most.'' I couldn't agree with the Secretary more.
An enormous improvement in mathematics and science education at the
K-12 level is necessary if today's students want good jobs and the
United States wants to stay competitive in the world economy. With
globalization, that means that the good jobs will go to the people who
can do them best. If those people are not in the United States, then
those jobs will also not be in the United States. At present, the law
allows 195,000 immigrants to enter the United States on H-1B visas each
year in order to take jobs that cannot be filled by workers in the
United States.
We have to do more to make sure that our students are learning math
and science skills. And to do so, we must improve the quality of our
Nation's math and science teachers. These sentiments are echoed by the
National Research Council in its 2001 ``Educating Teachers of Science,
Mathematics, and Technology'' report. The Council notes: If the Nation
is to make the continuous improvements needed in teaching, we need to
make a science out of teacher education--using evidence and analysis to
build an effective system of teacher preparation and professional
development.
President Bush has taken note of the startling statistics I shared
with you today, and that is why he has provided $45 million in his
budget to expand loan forgiveness for math and science teachers from
$5,000 to $17,500 for those teachers who commit to teach for 5
consecutive years in high-need schools. The President also provided
this expansion of loan forgiveness for special education teachers in
his proposal.
I wrote like to praise Senator Collins for following his lead and
introducing a bill to provide the authorizing language to make his
proposal become a reality. I am very proud to be an original cosponsor
of the bill. The bill would provide that $17,500 of loans would be
forgiven for those that have math, science, engineering and special
education majors or graduate degrees, have been certified to teach in
their states, and agree to teach in a school with a 50 percent or
higher rate of poverty. The bill is very simple, but it could make a
tremendous difference for many of our young students' lives.
I have had the benefit of an amazing education in my lifetime and
also have had the wonderful opportunity of being inspired by
tremendously talented and dedicated teachers. I want to make sure that
all children have that same opportunity: to be inspired by smart,
gifted and devoted teachers who actually know and understand math and
science. These teachers make a difference. They can lead a child to
like math, to like science, or they can
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cause a child to forever stray from the life sciences and run toward
the liberal arts.
Our society needs more engineers, more technicians, more doctors and
more scientists. We as a society should do all we can to encourage kids
to enter these professions. That means we have to start early and make
sure that those individuals who have the ability to shape their
knowledge actually encourage them to become future scientists, not
dissuade them from ever considering it. And, having spoken with so many
teachers, school board members and educators who must grapple with the
demands of the special education students, no one can underestimate the
need to encourage more of our best and brightest to teach special need
children.
I hope others join Senator Collins and me in this effort to make a
difference in a young child's future. Please cosponsor this initiative
and help us to pass this important legislation.
______
By Mr. WELLSTONE:
S. 1919. A bill to amend the Employee Retirement Income Security Act
of 1974 to provide for improved disclosure, diversification, account
access, and accountability under individual account plans; to the
Committee on Health, Education, Labor, and Pensions.
Mr. WELLSTONE. Mr. President, I rise today to introduce an extremely
important bill, the Retirement Security Protection Act of 2002. I urge
my colleagues to join me in pressing for its swift consideration.
As the Enron debacle continues to unfold, it exposes serious gaps in
the framework of protections to shield Americans from corporate excess
and irresponsibility. Perhaps nowhere is our vulnerability more
apparent than in the area of retirement security.
As thousands of Enron employees saw much of their life savings
vanish, the company's top executives walked off with fortunes for
retirement locked in. Enron spent over $1 million to insure that Ken
Lay would receive $440,000 in annual retirement income while
simultaneously encouraging employees to risk their own retirement
security by loading up on excessive amounts of soon-to-be worthless
stock.
Unfortunately, some of the Enron circumstances are by no means
unique. Similar disparities between rank-and-file employee and
executive retirement security have become increasingly common in
corporate America. Similarly disastrous outcomes for employees'
retirement security have occurred at other companies, such as Lucent
and Polaroid.
We must take steps now to address these fundamental inequities.
Nearly eight decades ago, the Federal Government established a
compact with all Americans to provide a basic level of security in
their retirement years. Social security became and still is the
essential cornerstone of the American promise of retirement security.
We must do everything in our power to protect the dignity of social
security for older Americans.
In the 1970s, we recognized the need to protect what was then
becoming a second lynchpin of retirement security: employer-provided
pension plans, or so-called ``defined benefit'' plans. In ERISA, the
Employee Retirement Income Security Act, we took steps to protect the
security of such plans. We created a system for insuring them against
loss, and we put into place portfolio diversification rules to help
assure their solvency. No more than 10 percent of assets in a defined
benefit plan, that is, in a traditional pension plan, may be held in
the employer's company stock.
The Federal Government has not thus far taken steps to provide
similar protections with respect to other retirement savings accounts,
for example, 401(k) plans. This is because, until relatively recently,
such plans were much fewer in number, and they had largely been viewed
as a supplement to workers' social security and defined benefit plans.
The world of retirement security has changed, however, and it is
still changing. Now, traditional defined benefit, or pension, plans
have essentially given way to defined contribution plans, such as
401(k)s, as the primary retirement security vehicle after social
security. These new plans have been popular with mobile younger
workers, and a boon to employers who have enjoyed substantial cash and
administrative savings by switching out of their traditional pension
plans and into these new ones.
In 1984, there were 30 million defined benefit participants and 7.5
million participants in 401(k) plans. By 2001, this relationship was
reversed, with just 20 million defined benefit participants and an
estimated 42 million 401(k) participants. In a 1998 survey, 57 percent
of U.S. households said that the only pension plan available to them
was a 401(k) plan. That percentage undoubtedly has increased since
then.
Meanwhile, measures to ensure the integrity of these 401(k) plans
have not kept pace with their proliferation and importance. Such plans
clearly carry considerable risks for the retirement security of
millions of Americans, as the Enron and other situations have
demonstrated. Unfortunately, the potential for additional disasters
remains high. Recent reports indicate some 20 major corporations at
which the 401(k) plan is more than 60 percent invested in company
stock.
When the 401(k) portfolios of employees are overinvested in their
company's stock and that company's stock crashes, the individual losses
suffered by workers and retirees who see their entire retirement
savings obliterated are only a piece of the story. The human and
capital costs to society of such failures are multiplied many times
over. Family members who themselves may be struggling will find that
they are forced to pitch in to help their loved ones. Retirees will be
forced to spend many additional years in the workplace to recover even
a portion of what they lost. Individuals without family or savings to
see them through will turn to government for support.
It's important to remember that these retirement plans come with a
heavy price tag for taxpayers. Under current law, pension plans that
meet certain standards net considerable tax advantages for both the
companies that sponsor them and the individuals who participate in
them. These provisions cost the government an estimated $100 billion
per year in foregone revenue. In my view, that is money well invested.
But we do our best to ensure that we are reaching our actual policy
goal.
The primary policy rationale for tax favored treatment of these plans
today is that they promote retirement security for millions of
Americans. There is hardly a more important policy goal. But while
traditional pension plans are carefully regulated to manage the level
of risk involved while promoting that goal, 401(k) and similar plans
currently offer no such protections. Our support for 401(k)s is not
matched by adequate disclosure, portfolio diversification and
accountability measures. The huge risks of individual overexposure to
company stock have been demonstrated in no uncertain terms, yet the
danger continues with no appropriate government response, despite the
major public investment.
That is the reason that I am introducing the Retirement Security
Protection Act of 2002. The legislation is designed to maximize the
flexibility and benefits that retirement savings plans provide for both
employers and employees, while minimizing the risk of future Enrons.
First, my proposal seeks to improve the flow of information between
plan sponsors and participants, particularly for those plans with
significant employer stock holdings.
Second, I am proposing that employers take steps to safeguard their
employees' retirement by providing them and the government with an
estimate of the extent to which their retirement is dependent on
employer stock and property. Employers will be required to reduce that
level of dependency across all retirement plans to 20 percent by the
year 2008. Companies that sufficiently limit the amount of employer
stock in their plans as a whole are deemed to meet the 20 percent
standard.
While my plan uses the same, 20-percent diversification target as
other proposals, it also encourages and rewards employers who sponsor
traditional pension plans by allowing them to maintain higher levels of
company stock in their defined contribution 401(k) plans. It also seeks
to spur innovation by permitting employers to obtain a waiver from the
Department of
[[Page S492]]
Labor for alternative approaches that manage the risk associated with
defined contribution plans.
Finally, I propose broadening the liability for plan losses resulting
from illegal behavior and improving the remedies available to those who
have been hurt by such behavior.
Our compact with American working families is meant to assure them
the kind of security in their retirement years they have worked so hard
to achieve. I urge my colleagues to join me in this urgent quest.
I ask unanimous consent that a summary of the bill be printed in the
Record.
There being no objection, the summary was ordered to be printed in
the Record, as follows:
Retirement Security Protection Act of 2002
The Retirement Security Protection Act of 2002 protects
employees' retirement security with respect to their 401(k)
retirement plans through (1) improved disclosure
requirements, (2) new rules to promote plan diversification,
and (3) tougher accountability rules.
Full and Accurate Disclosure
1. Annual plan statements: Defined contribution plans would
be required to provide annual statements highlighting the
percentage of assets in company stock and any restrictions on
the sale of that stock and that stress the importance of
account diversification for long-term retirement security.
2. Duty to provide full and accurate information: Plan
sponsors and administrators have explicit duty to provide all
material investment information to plan participants and
beneficiaries.
3. Fines for false disclosures: Secretary of Labor can fine
employers and/or plan administrators up to $1,000 per day for
making misleading statements or omitting material information
about the value of employer stock or other investment
options.
Improved Diversification and Account Access Rights
1. Employer responsibility for portfolio diversification or
alternative arrangements for risk management: By December 31,
2007, employers are responsible for achieving diversification
across employees' entire tax qualified retirement portfolios
(i.e. defined benefit and defined contribution plans) so that
no more than 20% of the employee's total benefits are
dependent on company stock. This allows employers sponsoring
defined benefit plans to maintain higher levels of company
stock in defined contribution plans. Employers will have
maximum flexibility in how such diversification is achieved
AND the opportunity to obtain a waiver from the Department of
Labor for alternative approaches that manage the risk
associated with defined contribution plans. Companies that
sufficiently limit the amount of employer stock in their
plans as a whole are deemed to meet the 20% standard. ESOPs
of privately held companies and ESOPs that own more than 50%
of the employer are exempt and the Department of Labor is
directed to recommend special rules for pure, employer-funded
ESOPs.
2. Ban on employer restraints: Overturns existing rules
permitting employers to require employees to invest up to 10%
of employee contributions in employer stock.
3. Faster diversification rights: For publicly-traded
companies, permits any participant who has been with company
for more than 1 year--regardless of vesting status--to
transfer employer stock contributions to other funds.
(Maintains the current 10-years participation requirement for
employer contributions to ESOPs). The Department of Labor is
directed to make recommendations on the application of
diversification rights to non-publicly traded company stock
within retirement plans.
4. Lockdown protections for plans with company stock:
Requires 30 days advance written notice of plan
``lockdowns'', limits such events to 10 business days, and
directs the Secretary of Labor to prescribe regulations to
provide for exemptions in case of genuine emergency. Company
executives cannot sell company stock during a lockdown
period. Plan fiduciaries are liable for violations of their
fiduciary duty that result in plan or participant losses
during a lockdown.
Stronger Accountability
1. Expanded remedies: Expands the liability for breach of
fiduciary duty to knowing participants in the breach (e.g
Arthur Andersen in the Enron case) and stipulates that both
the plan and the individual participants have the right to be
made whole in court, including receipt of compensatory
damages.
2. Fiduciary insurance: Requires all defined contribution
fiduciaries to maintain sufficient insurance or bonding to
cover financial losses resulting from breach of fiduciary
duty.
3. Employee oversight: Requires employers that offer
defined contribution pension plans to appoint an equal number
of employer and employee trustees to oversee such plans.
4. No employer coercion. Makes it illegal for employers to
require employees to waive their statutory pensions rights as
part of any employment-related agreement (such as a
termination or severance package).
5. Auditor independence: Bars company auditors from also
auditing the pension plans.
6. Whistleblower protections. Expands legal protections for
pension plan whistleblowers by extending existing protections
to persons other than participants or beneficiaries,
increasing the burden of proof on employers to explain their
actions, and expanding relief available for violations of
whistleblower protections.
7. Insurance feasibility study: Directs the PBGC to study
and report to Congress on insurance options for defined
contribution plans.
8. Labor Department assistance: The Department of Labor
shall establish an office of the Participant Advocate to
monitor potential abuses of employee pension plan rights and
assist plan participants in preventing and resolving abuses.
______
By Mr. NELSON of Florida:
S. 1920. A bill to require that the Attorney General conduct a study
regarding the ability of the Federal Bureau of Investigation to prevent
and combat international crimes involving children, and for other
purposes; to the Committee on the Judiciary.
Mr. NELSON of Florida. Mr. President, today I introduced the
International Child Safety Improvement Act of 2002. This legislation is
intended to improve the Federal Bureau of Investigation's ability to
prevent and combat international crimes involving children.
The number of people who use the Internet to meet children and commit
criminal acts, including illegal sexual acts, is on the rise. Some of
these cases occur in other countries, but involve American kids.
Just over a year ago, a 15-year-old girl from Mulberry, FL
disappeared only to be found in Greece living with an alleged German
sex offender. The 35-year-old German man had met this young girl
through the Internet and enticed her to run away from home. Law
enforcement authorities were able to eventually track her down and
return her to her distraught parents. The process of finding the girl
exposed flaws in the FBI's ability to prevent and combat these crimes
when they occur in foreign jurisdictions.
My legislation would require the Attorney General, in cooperation
with the Secretary of State, to evaluate the way in which the FBI
investigates international crimes involving children. The Attorney
General would be required to report back to the Congress with
recommendations for improving the FBI's practices and procedures for
investigating international crimes involving children. The bill also
directs the FBI to coordinate and share information with the
International Criminal Police Organization, the world's preeminent
organization whose mission is preventing or detecting international
crime, whenever such an investigation starts.
I would urge my colleagues to review and pass this legislation as
soon as possible. Action must be taken to improve the way in which
these crimes are investigated. Our kids need better protection from
predators and we need to act quickly to ensure that the FBI has the
procedures in place and the resources it needs to fight these crimes
effectively.
______
By Mrs. HUTCHISON (for herself, Mr. Lott, and Mr. Craig):
S. 1921. A bill to amend the Internal Revenue Code of 1986 and the
Employee Retirement Income Security Act of 1974 to provide greater
protection of workers' retirement plans, to prohibit certain activities
by persons providing auditing services to issuers of public securities,
and for other purposes; to the Committee on Finance.
Mr. CRAIG. Mr. President, I rise in support of the Pension Plan
Protection Act, being introduced today by the Senator from Texas, Mrs.
Hutchison, and others. I am pleased to be an original cosponsor of this
important bill and commend the Senator for her leadership on this
issue.
This bill will help employees and protect their families and their
retirement nest eggs. It will require employers to take reasonable
responsibility toward employees in administering plans, increase
transparency, improve information and disclosure, increase employee
choice and control, treat management the same as the rank-and-file
during blackout periods, and help prevent auditor conflicts of
interest.
This is a bill that can and should become law quickly. It includes
most of the reforms recommended by the President and representing the
export judgment of a Cabinet-level, interagency
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task force. It also includes additional improvements. These protections
will be strong, but measured. Unlike some other ideas being floated
today, these reforms are not arbitrary. They are fair and uniform, but
not one-size-fits-all. They keep the focus where it belongs, on
protecting, empowering, and informing workers.
I realize that other legislation may still be forthcoming, regarding
accounting practices, securities management, or other issues. But that
should not delay us from acting now on reforms that we all know are
needed. Workers should not be left vulnerable for one unnecessary day
while the Congress holds endless hearings in search of a ``perfect''
package.
I urge my colleagues to act promptly and pass this pro-worker bill.
______
By Mr. HUTCHINSON (for himself, Ms. Mikulski, and Mr. Enzi):
S. 1922. A bill to direct the Secretary of Health and Human Services
to expand and intensify programs with respect to research and related
activities concerning elder falls; to the Committee on Health,
Education, Labor, and Pensions.
Mr. HUTCHINSON. Mr. President, today, I am pleased to introduce the
Elder Fall Prevention Act of 2002, along with my colleagues Senator
Mikulski and Senator Enzi.
Many people do not realize that over 60 percent of fall-related
deaths in our country occur among persons 75 or older. Fall victims,
especially the elderly, are prone to sustain hip fractures which can be
devastating to their health--in fact, 25 percent of individuals who
sustain hip fractures die within one year from the time the injury
occurred.
In Arkansas, falls are the second leading cause of deaths from
unintentional injuries. Based on data collected by the Centers for
Disease Control, 91 Arkansans died because of a fall-related injury in
1998 alone.
Not only is this a serious public health issue, it is also a fiscal
issue, because billions of Medicare and Medicaid dollars are spent each
year to treat fall victims. It is estimated that over $32 billion will
be spent by the Medicare and Medicaid programs for fall related
injuries in the year 2020.
The Elder Fall Prevention Act will provide needed resources for
education, research and demonstration projects aimed at reducing the
risk of falls, identifying vulnerable populations, and preventing
repeat falls. The congressionally chartered National Safety Council,
which is a leader in fall prevention efforts, will be spearheading
several of these initiatives, along with the Centers for Disease
Control, the Administration on Aging, the Agency for Health Research
and Quality, and other qualified organizations.
Falls are preventable. I urge my colleagues to support the Elder Fall
Prevention Act of 2002 in order to make seniors, family members,
caregivers, and employers more safety conscious, to prevent unnecessary
deaths, and to provide seniors with peace of mind and a safe
environment.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 1922
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Elder Fall Prevention Act of
2002''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Falls are the leading cause of injury deaths among
people over 65.
(2) Sixty percent of fall-related deaths occur among
persons 75 and older.
(3) Twenty-five percent of elderly persons who sustain a
hip fracture die within 1 year.
(4) Hospital admissions for hip fractures among the elderly
have increased from 231,000 admissions in 1988 to 332,000 in
1999. The number of hip fractures is expected to exceed
500,000 by 2040.
(5) The costs to the Medicare and Medicaid programs and
society as a whole from falls by elderly persons continue to
climb much faster than inflation and population growth.
Direct costs alone will exceed $32,000,000,000 in 2020.
(6) The Federal Government should devote additional
resources to research regarding the prevention and treatment
of falls in residential as well as institutional settings.
(7) A national approach to reducing elder falls, which
focuses on the daily life of senior citizens in residential,
institutional, and community settings is needed. The approach
should include a wide range of organizations and individuals
including family members, health care providers, social
workers, architects, employers and others.
(8) Reducing preventable adverse events, such as elder
falls, is an important aspect to the agenda to improve
patient safety.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to develop effective public education strategies in a
national initiative to reduce elder falls in order to educate
the elders themselves, family members, employers, caregivers,
and others who touch the lives of senior citizens;
(2) to expand needed services and gain information about
the most effective approaches to preventing and treating
elder falls; and
(3) to require the Secretary of Health and Human Services
to evaluate the effect of falls on the costs of medicare and
medicaid and the potential for reducing costs by expanding
services covered under these two programs.
SEC. 4. PUBLIC EDUCATION.
Subject to the availability of appropriations, the
Administration on Aging within the Department of Health and
Human Services shall--
(1) oversee and support a three-year national education
campaign to be carried out by the National Safety Council to
be directed principally to elders, their families, and health
care providers and focusing on ways of reducing the risk of
elder falls and preventing repeat falls; and
(2) provide grants to qualified organizations and
institutions for the purpose of organizing State-level
coalitions of appropriate State and local agencies, safety,
health, senior citizen and other organizations to design and
carry out local education campaigns, focusing on ways of
reducing the risk of elder falls and preventing repeat falls.
SEC. 5. RESEARCH.
(a) In General.--Subject to the availability of
appropriations, the Secretary of Health and Human Services
shall--
(1) conduct and support research to--
(A) improve the identification of elders with a high risk
of falls;
(B) improve data collection and analysis to identify fall
risk and protective factors;
(C) improve strategies that are proven to be effective in
reducing subsequent falls by elderly fall victims;
(D) expand proven interventions to prevent elder falls;
(E) improve the diagnosis, treatment, and rehabilitation of
elderly fall victims; and
(F) assess the risk of falls occurring in various settings;
(2) conduct research concerning barriers to the adoption of
proven interventions with respect to the prevention of elder
falls (such as medication review and vision enhancement); and
(3) evaluate the effectiveness of community programs to
prevent assisted living and nursing home falls by elders.
(b) Administration.--In carrying out subsection (a), the
Secretary of Health and Human Services shall--
(1) conduct research and surveillance activities related to
the community-based and populations-based aspects of elder
fall prevention through the Director of the Centers for
Disease Control and Prevention;
(2) conduct research related to elder fall prevention in
health care delivery settings and clinical treatment and
rehabilitation of elderly fall victims through the Director
of the Agency for Healthcare Research and Quality; and
(3) ensure the coordination of the activities described in
paragraphs (1) and (2).
(c) Grants.--The Secretary of Health and Human Services
shall award grants to qualified organizations and
institutions to enable such organizations and institutions to
provide professional education for physicians and allied
health professionals in elder fall prevention.
SEC. 6. DEMONSTRATION PROJECTS.
Subject to the availability of appropriations, the
Secretary of Health and Human Services, acting through the
Director of the Centers for Disease Control and Prevention
and in consultation with the Director of the Agency for
Healthcare Research and Quality, shall carry out the
following:
(1) Oversee and support demonstration and research projects
to be carried out by the National Safety Council in the
following areas:
(A) A multi-State demonstration project assessing the
utility of targeted fall risk screening and referral
programs.
(B) Programs targeting newly-discharged fall victims who
are at a high risk for second falls, which shall include, but
not be limited to modification projects for elders with
multiple sensory impairments, video and web-enhanced fall
prevention programs for caregivers in multifamily housing
settings, and development of technology to prevent and detect
falls.
(C) Private sector and public-private partnerships,
involving home remodeling, home design and remodeling (in
accordance with accepted building codes and standards) and
nursing home and hospital patient supervision.
(2)(A) Provide grants to qualified organizations and
institutions to design and carry out fall prevention programs
in residential and institutional settings.
[[Page S494]]
(B) Provide one or more grants to one or more qualified
applicants in order to carry out a multi-State demonstration
project to implement fall prevention programs targeted toward
multi-family residential settings with high concentrations of
elders, including identifying high risk populations,
evaluating residential facilities, conducting screening to
identify high risk individuals, providing pre-fall
counseling, coordinating services with health care and social
service providers and coordinating post-fall treatment and
rehabilitation.
(C) Provide one or more grants to qualified applicants to
conduct evaluations of the effectiveness of the demonstration
projects in this section.
SEC. 7. REVIEW OF REIMBURSEMENT POLICIES.
(a) In General.--The Secretary of Health and Human Services
shall undertake a review of the effects of falls on the costs
of the Medicare and Medicaid programs and the potential for
reducing costs by expanding services covered by these two
programs. This review shall include a review of the
reimbursement policies of medicare and medicaid in order to
determine if additional fall-related services should be
covered or reimbursement guidelines should be modified.
(b) Report.--Not later than 18 months after the date of the
enactment of this Act, the Secretary of Health and Human
Services shall submit to the Congress a report describing the
findings of the Secretary in conducting the review under
subsection (a).
SEC. 8. AUTHORIZATION OF APPROPRIATION.
In order to carry out the provisions of this Act, there are
authorized to be appropriated--
(1) to carry out the national public education provisions
described in section 4(1), $5,000,000 for each of fiscal
years 2003 through 2005;
(2) to carry out the State public education campaign
provisions of section 4(2), $8,000,000 for each of fiscal
years 2003 through 2005;
(3) to carry out research projects described in section 5,
$10,000,000 for each of fiscal years 2003 through 2005; and
(4) to carry out the demonstration projects described in
section 6(1), $7,000,000 for each of fiscal years 2003
through 2005; and
(5) to carry out the demonstration and research projects
described in section 6(2), $8,000,000 for each of fiscal
years 2003 through 2005.
______
By Mr. LOTT (for Mr. McCain):
S. 1923. A bill to provide for increased corporate average fuel
economy standards, and for other purposes; to the Committee on
Commerce, Science, and Transportation.
Mr. McCAIN. Mr. President, today, I am introducing the ``Fuel Economy
and Security Act of 2002.'' This legislation would reduce our Nation's
oil consumption--and in doing so, our dependence on foreign oil, by
increasing Corporate Average Fuel Economy, CAFE, standards for
passenger cars and light trucks. This legislation would also expand the
current CAFE credits system by allowing credit trading between
automobile manufacturers, as well as other industries that emit
greenhouse gases. Increasing CAFE standards, coupled with this new
trading system, would strengthen our national security, while
significantly reducing greenhouse gas emissions over the next decade
and beyond.
The terrorist attacks waged on this country on September 11, 2001,
have brought into focus the need to reduce our dependence on all
foreign oil, but most importantly, oil from the Persian Gulf. Compared
with the United States' daily oil production of 6 million barrels, this
country imports 9 million barrels of oil per day, 2.6 million barrels
of which come directly from the Persian Gulf. This bill would result in
daily oil savings by 2020 that are more than what the United States
currently imports from that region. The cumulative oil savings between
2007 and 2020 will be approximately 6.2 billion barrels. This savings
from increased fuel economy is essential if we are to increase our
energy independence and national security.
Last year, the National Academy of Sciences, NAS, issued a report
that concluded that the benefits resulting from CAFE since its
implementation in 1978 clearly warrant government intervention to
ensure fuel economy levels beyond what may result from market forces
alone. The NAS panel found that CAFE has led to marked improvements in
reducing greenhouse gas emissions, fuel consumption, and dependence on
foreign oil.
The debate over CAFE is complex because it requires striking a
careful balance among many factors, including the environment, consumer
preferences, and domestic employment. It is also important to consider
the need for powerful and durable vehicles in rural America. I believe
this bill would achieve a balance of many of these competing interests
by providing adequate lead time to implement aggressive CAFE increases;
furthering efforts to reduce greenhouse gases; and factoring in the
ability of automobile manufacturers to meet annual standards based on
existing technology.
This bill would increase fuel economy standards by combining the
dual-fleet CAFE structure, which currently requires that manufacturers
meet separate fuel economy standards for their light trucks and
passenger cars. The bill requires that manufacturers' fleets average 36
miles per gallon by 2016. Combining the fleets eliminates the often-
criticized ``SUV loophole'' and provides flexibility to automobile
manufacturers in designing their fleets.
Reducing fuel consumption will accomplish the critical goal of
reducing greenhouse gas emissions. At the recent World Economic Forum
annual meeting in New York, it was reported that out of 142 nations,
the U.S. ranked 51st on an environmental sustainability index that
measures overall progress toward environmental sustainability for the
evaluated countries. Alarmingly, the U.S. ranked 133rd out of 142 on
reducing greenhouse gas emissions, one of the key indicators used to
determine the sustainability index.
The Committee on Commerce, Science, and Transportation has held
several hearings to address the complex issue of greenhouse gas
emissions. The bill I am introducing today, focuses on one of the major
industrial greenhouse gas emitters, the automotive industry. While this
bill proposes significant increases in the fuel economy of vehicles, it
also expands the options that a manufacturer has to meet these
requirements. Title II of this legislation proposes to establish a
national registry for entities to register greenhouse gas emissions
reductions. The registry would support the trading of credits
established in both the CAFE system, and other voluntary trading
practices.
To ensure that automakers improve fuel economy and do not rely solely
on purchasing credits from the registry to satisfy CAFE requirements,
the bill has limited the amount of credits that can be purchased.
I believe this bill provides a realistic approach to reducing our
nation's dependence on foreign oil and preserving our climate for
future generations. I seek my colleagues' careful consideration of this
proposal.
I ask unanimous consent that a copy of this bill be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 1923
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fuel Economy and Security
Act of 2002''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short Title.
Sec. 2. Table of Contents.
Title I--Improved fuel economy for vehicles
Sec. 101. Average fuel economy standards for passenger automobiles and
light trucks.
Sec. 102. Replacement of dual fuel credit with registry for trading
credits.
Sec. 103. Elimination of 2-fleet rule.
Sec. 104. Elimination of dual fuel credit.
Sec. 105. High occupancy vehicle exception.
Title II--Market--based Initiatives for Greenhouse Gas Reduction
Sec. 201. Market-based initiatives.
Sec. 202. Implementing panel.
Sec. 203. Definitions.
Title III--Vehicle Safety
Sec. 301. Roof crush standard.
Sec. 302. Safety rating labels.
TITLE I--IMPROVED FUEL ECONOMY FOR VEHICLES
SEC. 101. AVERAGE FUEL ECONOMY STANDARDS FOR PASSENGER
AUTOMOBILES AND LIGHT TRUCKS.
(a) Increased Standards.--Section 32902 of title 49, United
States Code, is amended--
(1) by striking ``Non-Passenger Automobiles.--'' in
subsection (a) and inserting ``Prescription of Standards by
Regulation.--''; and
(2) by striking ``(except passenger automobiles)''in
subsection (a) and inserting ``(except passenger automobiles
and light trucks)'';
(3) by striking subsection (b) and inserting the following:
``(b) Standards for Passenger Automobiles and Light
Trucks.--
``(1) In general.--The Secretary of Transportation, after
consultation with the Administrator of the Environmental
Protection
[[Page S495]]
Agency, shall prescribe average fuel economy standards for
passenger automobiles and light trucks manufactured by a
manufacturer in each model year beginning with model year
2007 in order to achieve a combined average fuel economy
standard for model year 2016 of 36 miles per gallon. In
prescribing average fuel economy standards under this
paragraph, the Secretary shall prescribe appropriate annual
fuel economy standard increases that increase the applicable
average fuel economy standard annually during the 9 model-
year period beginning with model year 2007.
``(2) Deadline for regulations.--The Secretary shall
promulgate the regulations required by paragraph (1) in final
form no later than 24 months after the date of enactment of
the Fuel Economy and Security Act of 2002.
``(3) Default standards.--If the regulations required by
paragraph (1) are not promulgated in final form within the
period required by paragraph (2), then the average fuel
economy standard for passenger automobiles and light trucks
manufactured by a manufacturer is--
``(A) for model year 2012, a standard (expressed in miles
per gallon) that represents 50 percent of the difference
between--
``(i) 36 miles per gallon; and
``(ii) the average fuel economy for passenger automobiles
and light trucks manufactured by a manufacturer in model year
2006; and
``(B) 36 miles per gallon for model year 2016 and
thereafter.'';
(4) by striking ``the standard'' in subsection (c)(1) and
inserting ``a standard'';
(5) by striking the first and last sentences of subsection
(c)(2); and
(6) by striking ``(and submit the amendment to Congress
when required under subsection (c)(2) of this section)'' in
subsection (g).
(b) Definition of Light Trucks.--
(1) In general.--Section 32901(a) of title 49, United
States Code, is amended by adding at the end the following:
``(17) `light truck' means an automobile that the Secretary
decides by regulation--
``(A) is manufactured primarily for transporting not more
than 10 individuals;
``(B) is rated at not more than 10,000 pounds gross vehicle
weight;
``(C) is not a passenger automobile; and
``(D) does not fall within the exceptions from the
definition of `medium duty passenger vehicle' under section
8601-01 of title 40, Code of Federal Regulations.''.
(2) Deadline for regulations.--The Secretary of
Transportation--
(A) shall issue proposed regulations implementing the
amendment made by paragraph (1) not later than 1 year after
the date of the enactment of this Act; and
(B) shall issue final regulations implementing the
amendment not later than 18 months after the date of the
enactment of this Act.
(3) Effective date.--Regulations prescribed under paragraph
(1) shall apply beginning with model year 2007.
(c) Applicability of Existing Standards.--This section does
not affect the application of section 32902 of title 49,
United States Code, to passenger automobiles or non-passenger
automobiles manufactured before model year 2007.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of Transportation to
carry out the provisions of chapter 329 of title 49, United
States Code, $25,000,000 for each of fiscal years 2003
through 2016.
SEC. 102. FUEL ECONOMY STANDARD CREDITS.
(a) In General.--Section 32903 of title 49, United States
Code, is amended by striking the second sentence of
subsection (a) and inserting ``The credits--
``(1) may be applied to any of the 3 model years
immediately following the model year for which the credits
are earned; or
``(2) transferred to the registry established under section
201 of the Fuel Economy and Security Act of 2002.''.
(b) Greenhouse Gas Credits Applied to CAFE Standards.--
Section 32903 of title 49, United States Code, is amended by
adding at the end the following:
``(g) Greenhouse Gas Credits.--
``(1) In general.--A manufacturer may apply credits
purchased through the registry established by section 201 of
the Fuel Economy and Security Act of 2002 toward any model
year after model year 2006 under subsection (d), subsection
(e), or both.
``(2) Limitation.--A manufacturer may not use credits
purchased through the registry to offset more than 10 percent
of the fuel economy standard applicable to any model year.''.
SEC. 103. ELIMINATION OF 2-FLEET RULE.
(a) In General.--Section 32904 of title 49, United States
Code, is amended--
(1) by striking subsection (b); and
(2) by redesignating subsections (c) through (e) as
subsections (b) through (d), respectively.
(b) Effective Date.--The amendments made by subsection (a)
shall apply to model years 2007 and later.
SEC. 104. ELIMINATION OF DUAL FUEL CREDIT.
Section 32905 of title 49, United States Code, is repealed.
SEC. 105. HIGH OCCUPANCY VEHICLE EXCEPTION.
(a) In General.--Notwithstanding section 102(a)(1) of title
23, United States Code, a State may, for the purpose of
promoting energy conservation, permit a vehicle with fewer
than 2 occupants to operate in high occupancy vehicle lanes
if it is a hybrid vehicle or is certified by the Secretary of
Transportation, after consultation with the Administrator of
the Environmental Protection Agency, to be a vehicle that
utilizes only an alternative fuel.
(b) Hybrid Vehicle Defined.--In this section, the term
``hybrid vehicle'' means a motor vehicle other than a light
truck (as defined in section 32901(a)(17) of title 49, United
States Code)--
(1) which--
(A) draws propulsion energy from onboard sources of stored
energy which are both--
(i) an internal combustion or heat engine using combustible
fuel; and
(ii) a rechargeable energy storage system; or
(B) recovers kinetic energy through regenerative braking
and provides at least 13 percent maximum power from the
electrical storage device;
(2) which, in the case of a passenger automobile--
(A) for 2002 and later model vehicles, has received a
certificate of conformity under section 206 of the Clean Air
Act (42 U.S.C. 7525) and meets or exceeds the equivalent
qualifying California low emission vehicle standard under
section 243(e)(2) of the Clean Air Act (42 U.S.C. 7583(e)(2))
for that make and model year; and
(B) for 2004 and later model vehicles, has received a
certificate that such vehicle meets the Tier II emission
level established in regulations prescribed by the
Administrator of the Environmental Protection Agency under
section 202(i) of the Clean Air Act (42 U.S.C. 7521(i)) for
that make and model year vehicle; and
(3) which is made by a manufacturer.
(c) Alternative Fuel Defined.--In this section, the term
``alternative fuel'' has the meaning such term has under
section 301(2) of the Energy Policy Act of 1992 (42 U.S.C.
13211(2)).
TITLE II--MARKET--BASED INITIATIVES FOR GREENHOUSE GAS REDUCTION
SEC. 201. MARKET-BASED INITIATIVES.
(a) Establishment of Registry for Voluntary Trading
Systems.--The Secretary of Commerce, through the
Undersecretary for Technology, shall establish a national
registry system for greenhouse gas trading among industry
under which emission reductions from the applicable baseline
are assigned unique identifying numerical codes by the
registry. Participation in the registry is voluntary. Any
entity conducting business in the United States may register
its emission results, including emissions generated outside
of the United States, on an entity-wide basis with the
registry, and may utilize the services of the registry.
(b) Purposes.--The purposes of the national registry are--
(1) to encourage voluntary actions to reduce greenhouse gas
emissions and increase energy efficiency, including
increasing the fuel economy of passenger automobiles and
light trucks and reducing the reliance by United States
markets on petroleum produced outside the United States used
to provide vehicular fuel;
(2) to enable participating entities to record voluntary
greenhouse gas emissions reductions; in a consistent format
that is supported by third party verification;
(3) to encourage participants involved in existing
partnerships to be able to trade emissions reductions among
partnerships;
(4) to further recognize, publicize, and promote
registrants making voluntary and mandatory reductions;
(5) to recruit more participants in the program; and
(6) to help various entities in the nation establish
emissions baselines.
(c) Functions.--The national registry shall carry out the
following functions:
(1) Referrals.--Provide referrals to approved providers for
advice on--
(A) designing programs to establish emissions baselines and
to monitor and track greenhouse gas emissions; and
(B) establishing emissions reduction goals based on
international best practices for specific industries and
economic sectors.
(2) Uniform reporting format.--Adopt a uniform format for
reporting emissions baselines and reductions established
through--
(A) the Director of the National Institute of Standards and
Technology for greenhouse gas baselines and reductions
generally; and
(B) the Secretary of Transportation for credits under
section 32903 of title 49, United States Code.
(3) Record maintenance.--Maintain a record of all emission
baselines and reductions verified by qualified independent
auditors.
(4) Encourage participation.--Encourage organizations from
various sectors to monitor emissions, establish baselines and
reduction targets, and implement efficiency improvement and
renewable energy programs to achieve those targets.
(5) Public awareness.--Recognize, publicize, and promote
participants that--
(A) commit to monitor their emissions and set reduction
targets;
(B) establish emission baselines; and
(C) report on the amount of progress made on their annual
emissions.
(d) Transfer of Reductions.--The registry shall--
(1) allow for the transfer of ownership of any reductions
realized in accordance with the program; and
[[Page S496]]
(2) require that the registry be notified of any such
transfer within 30 days after the transfer is effected.
(e) Future Considerations.--Any reductions achieved under
this program shall be credited against any future mandatory
greenhouse gas reductions required by the government. Final
approval of the amount and value of credits shall be
determined by the agency responsible for the implementation
of the mandatory greenhouse gas emission reduction program,
except that credits under section 32903 of title 49, United
States Code, shall be determined by the Secretary of
Transportation. The Secretary of Commerce shall by rule
establish an appeals process, that may incorporate an
arbitration option, for resolving any dispute arising out of
such a determination made by that agency.
(f) CAFE Standards Credits.--The Secretary of
Transportation shall work with the Secretary of Commerce and
the implementing panel established by section 202 to
determine the equivalency of credits earned under section
32903 of title 49, United States Code, for inclusion in the
registry. The Secretary shall by rule establish an appeals
process, that may incorporate an arbitration option, for
resolving any dispute arising out of such a determination.
SEC. 202. IMPLEMENTING PANEL.
(a) Establishment.--There is established within the
Department of Commerce an implementing panel.
(b) Composition.--The panel shall consist of--
(1) the Secretary of Commerce or the Secretary's designee,
who shall serve as Chairperson;
(2) the Secretary of Transportation or the Secretary's
designee; and
(3) 1 expert in the field of greenhouse gas emissions
reduction, certification, or trading from each of the
following agencies--
(A) the Department of Energy;
(B) the Environmental Protection Agency;
(C) the Department of Agriculture;
(D) the National Aeronautics and Space Administration;
(E) the Department of Commerce; and
(F) the Department of Transportation.
(c) Experts and Consultants.--Any member of the panel may
secure the services of experts and consultants in accordance
with the provisions of section 3109 of title 5, United States
Code, for greenhouse gas reduction, certification, and
trading experts in the private and non-profit sectors and may
also utilize any grant, contract, cooperative agreement, or
other arrangement authorized by law to carry out its
activities under this subsection.
(d) Duties.--The panel shall--
(1) implement and oversee the implementation of this
section;
(2) promulgate--
(A) standards for certification of registries and operation
of certified registries; and
(B) standards for measurement, verification, and recording
of greenhouse gas emissions and greenhouse gas emission
reductions by certified registries;
(3) maintain, and make available to the public, a list of
certified registries; and
(4) issue rulemakings on standards for measuring,
verifying, and recording greenhouse gas emissions and
greenhouse gas emission reductions proposed to the panel by
certified registries, through a standard process of issuing a
proposed rule, taking public comment for no less than 30
days, then finalizing regulations to implement this act,
which will provide for recognizing new forms of acceptable
greenhouse gas reduction certification procedures.
(e) Certification and Operation Standards.--The standards
promulgated by the panel shall include--
(1) standards for ensuring that certified registries do not
have any conflicts of interest, including standards that
prohibit a certified registry from--
(A) owning greenhouse gas emission reductions recorded in
any certified registry; or
(B) receiving compensation in the form of a commission
where sources receive money for the total number of tons
certified;
(2) standards for authorizing certified registries to enter
into agreements with for-profit persons engaged in trading of
greenhouse gas emission reductions, subject to paragraph (1);
and
(3) such other standards for certification of registries
and operation of certified registries as the panel determines
to be appropriate.
(f) Measurement, Verification, and Recording Standards.--
The standards promulgated by the panel shall provide for, in
the case of certified registries--
(1) ensuring that certified registries accurately measure,
verify, and record greenhouse gas emissions and greenhouse
gas emission reductions, taking into account--
(A) boundary issues such as leakage and shifted
utilization; and
(B) such other factors as the panel determines to be
appropriate;
(2) ensuring that--
(A) certified registries do not double-count greenhouse gas
emission reductions; and
(B) if greenhouse gas emission reductions are recorded in
more than 1 certified registry, such double-recording is
clearly indicated;
(3) determining the ownership of greenhouse gas emission
reductions and recording and tracking the transfer of
greenhouse gas emission reductions among entities (such as
through assignment of serial numbers to greenhouse gas
emission reductions);
(4) measuring the results of the use of carbon
sequestration and carbon recapture technologies;
(5) measuring greenhouse gas emission reductions resulting
from improvements in--
(A) power plants;
(B) automobiles (including types of passenger automobiles
and light trucks, as defined in section 32901(a)(16) and (17)
respectively, produced in the same model year);
(C) carbon re-capture, storage and sequestration, including
organic sequestration and manufactured emissions injection,
and or storage.
(D) other sources;
(6) measuring prevented greenhouse gas emissions through
the rulemaking process and based on the latest scientific
data, sampling, expert analysis related to measurement and
projections for prevented greenhouse gas emissions in tons
including--
(A) organic soil carbon sequestration practices;
(B) forest preservation and re-forestation activities which
adequately address the issues of permanence, leakage and
verification; and
(7) such other measurement, verification, and recording
standards as the panel determines to be appropriate.
(g) Certification of Registries.--Except as provided in
subsection (h), a registrant that desires to be a certified
registry shall submit to the panel an application that--
(1) demonstrates that the registrant meets each of the
certification standards established by the panel under
subsections (d) and (e); and
(2) meets such other requirements as the panel may
establish.
(h) Automobile Industry.--The Secretary of Transportation
is deemed to be the certified registrant for credits earned
under section 32903 of title 49, United States Code.
(i) Annual Report.--Within 1 year after the date after the
date of enactment of this Act and biennially thereafter, the
panel shall report to the Congress on the status of the
program established under this section. The report shall
include an assessment of the level of participation in the
program and amount of progress being made on emission
reduction targets.
SEC. 203. DEFINITIONS.
In this title:
(1) Greenhouse gas.--The term ``greenhouse gas'' includes--
(A) carbon dioxide;
(B) methane;
(C) hydro fluorocarbons;
(D) perfluorocarbons;
(E) nitrous oxide; and
(F) sulfur hexafluoride.
(2) Baseline.--The term ``baseline'' means--
(A) the greenhouse gas emissions, determined on an entity-
wide basis for the participant's most recent previous 3-year
annual average of greenhouse gas emissions prior to the date
of enactment of this Act; or
(B) if data is unavailable for that 3-year period, the
greenhouse gas emissions as of September 30, 2002, (or as
close to that date as such emission levels can reasonably be
determined). In promulgating regulations under this title,
the panel shall take into account greenhouse gas emission
reductions or off-setting actions taken by any entity before
the date on which the registry is established.
(3) Certified registry.--The term ``certified registry''
means a registry that has been certified by the panel as
meeting the standards promulgated under section 202(e) and
(f) and, for the automobile industry, the Secretary of
Transportation.
(4) Greenhouse gas emissions.--The term ``greenhouse gas
emissions'' means the quantity of greenhouse gases emitted by
a source during a period, measured in tons of greenhouse
gases.
(5) Greenhouse gas emission reduction.--The term
``greenhouse gas emission reduction'' means a quantity equal
to the difference between--
(A) the greenhouse gas emissions of a source during a
period; and
(B) the greenhouse gas emissions of the source during a
baseline period of the same duration as determined by
registries and entities defined as owners of emission
sources.
(6) Kyoto protocol.--The term ``Kyoto protocol'' means the
Kyoto Protocol to the United Nations Framework Convention on
Climate Change (including the Montreal Protocol to the
Convention on Substances that Deplete the Ozone Layer).
(7) Panel.--The term ``panel'' means the implementing panel
established by section 202(a).
(8) Registrant.--The term ``registrant'' means a private
person that operates a database recording quantified and
verified greenhouse gas emissions and emissions reductions of
sources owned by other entities.
(9) Source.--The term ``source'' means a source of
greenhouse gas emissions.
TITLE III--VEHICLE SAFETY
SEC. 301. ROOF CRUSH SAFETY STANDARD.
(a) Improved Crashworthiness.--Subchapter II of chapter 301
of title 49, United States Code, is amended by adding at the
end the following:
``Sec. 30128. Improved crashworthiness
``Within 3 years after the date of enactment of the Fuel
Economy and Security Act of 2002, the Secretary of
Transportation, through the National Highway Traffic Safety
Administration, shall prescribe a motor vehicle safety
standard under this chapter for rollover crashworthiness
standards that includes--
[[Page S497]]
``(1) dynamic roof crush standards;
``(2) improved seat structure and safety belt design;
``(3) side impact head protection airbags; and
``(4) roof injury protection measures.
(b) Conforming Amendment.--The chapter analysis for chapter
301 of title 49, United States Code, is amended by inserting
after the item relating to section 30127 the following:
``30128. Improved crashworthiness''.
SEC. 302. SAFETY RATING LABELS.
Section 32302 of title 49, United States Code, is amended--
(1) by redesignating paragraphs (3) and (4) of subsection
(a) as paragraphs (4) and (5), respectively;
(2) by inserting after paragraph (2) of subsection (a) the
following:
``(3) overall safety of the driver and passengers of the
vehicle in a collision.''; and
(3) by striking subsection (b) and inserting the following:
``(b) Motor Vehicle Safety Information.--
``(1) In general.--In carrying out subsection (a), the
Secretary shall establish test criteria for use by
manufacturers in determining damage susceptibility,
crashworthiness, and the overall safety of vehicles for
drivers and passengers.
``(2) Presentation of data.--The Secretary shall prescribe
a system for presenting information developed under
paragraphs (1) through (3) of subsection (a) to the public in
a simple and understandable form that facilitates comparison
among the makes and models of passenger motor vehicles.
``(3) Label requirement.--Each manufacturer of a new
passenger motor vehicle (as defined in section 32304(a)(8))
manufactured after September 30, 2005, and distributed in
commerce for sale in the United States shall cause the
information required by paragraph (2) to appear on, or
adjacent to, the label required by section 3 of the
Automobile Information Disclosure Act (15 U.S.C. 1232(b).''.
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By Mr. DASCHLE:
S.J. Res. 31. A joint resolution suspending certain provisions of law
pursuant to section 258(a)(2) of the Balanced Budget and Emergency
Deficit Control Act of 1985; to the Committee on the Budget pursuant to
section 258(a)(3) of the Balanced Budget and Emergency Deficit Control
Act of 1985, for not to exceed five days of session.
Mr. DASCHLE. Mr. President, I ask unanimous consent that the text of
the joint resolution be printed in the Record.
There being no objection, the joint resolution was ordered to be
printed in the Record, as follows:
S.J. Res. 31
Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled, That the
Congress declares that the conditions specified in section
254(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985 are met and the implementation of the
Congressional Budget and Impoundment Control Act of 1974,
chapter 11 of title 31, United States Code, and part C of the
Balanced Budget and Emergency Deficit Control Act of 1985 are
modified as described in section 258(b) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
____________________