[Congressional Record Volume 151, Number 75 (Wednesday, June 8, 2005)]
[Senate]
[Pages S6228-S6238]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. OBAMA:
S. 1194. A bill to direct the Nuclear Regulatory Commission to
establish guidelines and procedures for tracking, controlling, and
accounting for individual spent fuel rods and segments; to the
Committee on Environment and Public Works.
Mr. OBAMA. Mr. President, today I introduce a bill that is long
overdue and would require American nuclear power plants to follow the
same procedures that we would like to impose on nuclear power plants in
other countries.
Each year, the Nation's nuclear power plants produce over 2,000
metric tons of spent fuel, which is the used fuel that is periodically
removed from nuclear reactors. According to the Government
Accountability Office, GAO, spent nuclear fuel is ``one of the most
hazardous materials made by humans.'' Within minutes, the intense
radiation in the fuel can kill a person without protective shielding;
in smaller doses, the fuel can cause cancer.
In the hands of terrorists, such highly radioactive materials, when
coupled with conventional explosives, could be turned into a dirty bomb
that could pose a critical threat to public safety.
In April of this year, GAO issued a report concluding that
``[n]uclear power plants' performance in controlling and accounting for
spent nuclear fuel has been uneven.'' In recent years, three U.S.
nuclear power plants--Millstone, Vermont Yankee, and Humboldt Bay--have
reported missing spent fuel. The Millstone fuel was never located, the
Vermont Yankee fuel was located three months later in a different
location, and the Nuclear Regulatory Commission (NRC) is still
investigating the missing Humboldt Bay fuel. In all three cases, the
missing spent fuel had been contained in loose fuel rods or fuel rod
segments.
Currently, NRC provides little or no guidance on how nuclear power
plants should conduct physical inventories of their spent fuel or how
they must control, store, and account for loose spent fuel rods and
fragments. NRC also does not conduct routine inspections to monitor
compliance with regulations relating to spent fuel.
As a result of its investigation, GAO made a series of
recommendations for how NRC should improve its regulation and
oversight. My bill--the Spent Nuclear Fuel Tracking and Accountability
Act--would implement those recommendations and require NRC to
establish: 1. specific and uniform guidelines for tracking,
controlling, and accounting for spent fuel rods or segments; and 2.
uniform inspection procedures to verify compliance with these
guidelines. Within six months, NRC would be required to report to
Congress on its progress in establishing these guidelines.
Tracking spent nuclear material used in the United States is just as
important as tracking spent nuclear material in the former Soviet
Union. This is a common-sense solution to an important problem.
I urge my colleagues to support this measure.
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. 1194
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 ``Spent Nuclear Fuel Tracking
and Accountability Act''.
SEC. 2. SPENT FUEL RODS.
(a) Guidelines.--Not later than 260 days after the date of
enactment of this Act, the Nuclear Regulatory Commission
shall establish--
(1) specific and uniform guidelines for tracking,
controlling, and accounting for individual spent fuel rods or
segments at nuclear power plants, including procedures for
conducting physical inventories; and
(2) uniform inspection procedures to verify any action
taken by a nuclear power plant to implement those guidelines.
(b) Report.--Not later than 180 days after the date of
enactment of this Act, the Nuclear Regulatory Commission
shall submit to Congress a report describing the progress of
the Nuclear Regulatory Commission in establishing the
guidelines under subsection (a).
______
By Mr. STEVENS (for himself and Mr. Inouye) (by request):
S. 1195. A bill to provide the necessary authority to the Secretary
of Commerce for the establishment and implementation of a regulatory
system for offshore aquaculture in the United States Exclusive Economic
Zone, and for other purposes; to the Committee on Commerce, Science,
and Transportation.
Mr. STEVENS. Mr. President, by request of the Administration, Senator
Inouye and I introduce today the ``National Offshore Aquaculture Act of
2005'', a bill to provide the regulatory framework for the development
of aquaculture in the United States Exclusive Economic Zone (EEZ).
Concurrently, we have introduced an amendment to this bill to allow
coastal States to decide whether or not they want offshore aquaculture
in the EEZ off that State's coastline. We are cosponsoring Senator
Snowe's amendment to strike the Jones Act waiver for vessels supporting
offshore aquaculture facilities contained in the Administration's bill.
I am also a cosponsor of Senator Inouye's amendment to better clarify
language that environmental protections apply. As we review the
Administration's measure in detail, there may be additional amendments
offered to this bill and I look forward to working with my colleagues
to address any concerns with the legislation.
______
By Mr. CORZINE (for himself and Mr. Lautenberg):
S. 1196. A bill to provide for disclosure of fire safety standards
and measures with respect to campus buildings, and for other purposes;
to the Committee on Health, Education, Labor, and Pensions.
Mr. CORZINE. Mr. President, I rise today to introduce the ``Campus
Fire Safety Right-to-Know Act of 2005''. I first introduced this
legislation in the l07th Congress in response to a tragic fire at New
Jersey's Seton Hall University that claimed the lives of three students
and injured more than fifty others. This legislation is designed to
curb the epidemic of dangerous college campus fires.
Since the Seton Hall fire, campus fires have continued to take the
lives of our college students and their families. According to the
Center for Campus Fire Safety, more than 75 fire-related deaths have
occurred in student housing at colleges across the country since
January of 2000. Campus fires have claimed lives in nearly half the
States of this Nation, from New Jersey to Texas, Indiana to
Pennsylvania, and Ohio to right here in Washington, DC. This
legislation will finally bring to light the extent of this tragic
danger facing our Nation's best and brightest.
The ``Campus Fire Safety Right-to-Know Act'' requires disclosure of
fire safety information on campuses as well as a report from the
Secretary of Education to Congress on the depth of the problem and
possible solutions. The bill implements the same procedure that
requires schools to disclose crime statistics and other safety
information. While the bill does not mandate colleges to upgrade their
systems, it does offer a powerful incentive for them to do so by
providing prospective students and their parents the opportunity to
review and compare the quality and record of fire safety protections at
all colleges and universities.
Only 35 percent of university-sponsored student housing that suffer
fires are equipped with sprinkler systems.
[[Page S6229]]
Each year, approximately 1,600 fires break out in dormitories,
fraternity and sorority houses, and other housing controlled by student
groups. Parents and students deserve to know what steps their school
has taken to prevent and prepare for these harmful and often fatal
catastrophes.
The ``Campus Fire Safety Right-to-Know Act'' will put important fire
safety information in the hands of students and their parents who
entrust their children to our Nation's colleges and universities. I
believe this bill will make important strides in the effort to make our
college campuses safer and I urge my colleagues to support it.
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. 1196
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 ``Campus Fire Safety Right-to-
Know Act of 2005''.
SEC. 2. DISCLOSURE OF FIRE SAFETY OF CAMPUS BUILDINGS.
Section 485 of the Higher Education Act of 1965 (20 U.S.C.
1092) is amended--
(1) in subsection (a)(1)--
(A) by striking ``and'' at the end of subparagraph (N);
(B) by striking the period at the end of subparagraph (O)
and inserting ``; and''; and
(C) by adding at the end the following new subparagraph:
``(P) the fire safety report prepared by the institution
pursuant to subsection (h).''; and
(2) by adding at the end the following new subsection:
``(h) Disclosure of Fire Safety Standards and Measures.--
``(1) Annual fire safety reports required.--Each
institution participating in any program under this title
shall, beginning in the first academic year that begins after
the date of enactment of the Campus Fire Safety Right-to-Know
Act of 2005, and each year thereafter, prepare, publish, and
distribute, through appropriate publications (including the
Internet) or mailings, to all current students and employees,
and to any applicant for enrollment or employment upon
request, an annual fire safety report. Such reports shall
contain at least the following information with respect to
the campus fire safety practices and standards of that
institution:
``(A) A statement that identifies each institution owned or
controlled student housing facility, and whether or not such
facility is equipped with a fire sprinkler system or other
fire safety system, or has fire escape planning or protocols.
``(B) Statistics for each such facility concerning the
occurrence of fires and false alarms in such facility, during
the 2 preceding calendar years for which data are available.
``(C) For each such occurrence in each such facility, a
summary of the human injuries or deaths, structural or
property damage, or combination thereof.
``(D) Information regarding rules on portable electrical
appliances, smoking and open flames (such as candles),
regular mandatory supervised fire drills, and planned and
future improvements in fire safety.
``(E) Information about fire safety education and training
provided to students, faculty, and staff.
``(F) Information concerning fire safety at any housing
facility owned or controlled by a fraternity, sorority, or
student group that is recognized by the institution,
including--
``(i) information reported to the institution under
paragraph (4); and
``(ii) a statement concerning whether and how the
institution works with recognized student fraternities and
sororities, and other recognized student groups owning or
controlling housing facilities, to make building and property
owned or controlled by such fraternities, sororities, and
groups more fire safe.
``(2) Fraternities, sororities, and other groups.--Each
institution participating in a program under this title shall
request each fraternity and sorority that is recognized by
the institution, and any other student group that is
recognized by the institution and that owns or controls
housing facilities, to collect and report to the institution
the information described in subparagraphs (A) through (E) of
paragraph (1), as applied to the fraternity, sorority, or
recognized student group, respectively, for each building and
property owned or controlled by the fraternity, sorority, or
group, respectively.
``(3) Current information to campus community.--Each
institution participating in any program under this title
shall make, keep, and maintain a log, written in a form that
can be easily understood, recording all on-campus fires,
including the nature, date, time, and general location of
each fire and all false fire alarms. All entries that are
required pursuant to this paragraph shall, except where
disclosure of such information is prohibited by law, be open
to public inspection, and each such institution shall make
annual reports to the campus community on such fires and
false fire alarms in a manner that will aid the prevention of
similar occurrences.
``(4) Reports to the secretary.--On an annual basis, each
institution participating in any program under this title
shall submit to the Secretary a copy of the statistics
required to be made available under paragraph (1)(B). The
Secretary shall--
``(A) review such statistics;
``(B) make copies of the statistics submitted to the
Secretary available to the public; and
``(C) in coordination with nationally recognized fire
organizations and representatives of institutions of higher
education, identify exemplary fire safety policies,
procedures, and practices and disseminate information
concerning those policies, procedures, and practices that
have proven effective in the reduction of campus fires.
``(5) Rule of construction.--Nothing in this subsection
shall be construed to authorize the Secretary to require
particular policies, procedures, or practices by institutions
of higher education with respect to fire safety.
``(6) Definitions.--In this subsection, the term `campus'
has the meaning provided in subsection (f)(6).''.
SEC. 3. REPORT TO CONGRESS BY THE SECRETARY OF EDUCATION.
(a) Definition of Facility.--In this section the term
``facility'' means a student housing facility owned or
controlled by an institution of higher education, or a
housing facility owned or controlled by a fraternity,
sorority, or student group that is recognized by the
institution.
(b) Report.--Within two years after the date of enactment
of this Act, the Secretary of Education shall prepare and
submit to the Congress a report containing--
(1) an analysis of the current status of fire safety
systems in facilities of institutions participating in
programs under title IV of the Higher Education Act of 1965
(20 U.S.C. 1070 et seq.), including sprinkler systems;
(2) an analysis of the appropriate fire safety standards to
apply to such facilities, which the Secretary shall prepare
after consultation with such fire safety experts,
representatives of institutions of higher education, and
other Federal agencies as the Secretary, in the Secretary's
discretion, considers appropriate;
(3) an estimate of the cost of bringing all nonconforming
such facilities up to current building codes; and
(4) recommendations from the Secretary concerning the best
means of meeting fire safety standards in all such
facilities, including recommendations for methods to fund
such cost.
______
By Mr. BIDEN (for himself, Mr. Hatch, Mr. Specter, Mr. Leahy, Mr.
DeWine, Mr. Kohl, Mr. Grassley, Mr. Kennedy, Mrs. Boxer, Ms.
Stabenow, Mr. Schumer, and Mrs. Murray):
S. 1197. A bill to reauthorize the Violence Against Women Act of
1994; to the Committee on the Judiciary.
Mr. BIDEN. Mr. President, I am pleased to announce today the
introduction of the Biden/Hatch/Specter Violence Against Women Act of
2005. Many in this chamber are well aware that I consider the Violence
Against Women Act the single most significant legislation that I've
crafted during my 32-year tenure in the Senate. This law is my baby, so
to speak, and I take very seriously my responsibilities to ensure that
it is adequately funded and renewed. What was once an infant statute
seeking legitimacy in the public eye and in the halls of government is
now a feisty ten-year law that has made its presence known from Long
Beach, CA to Dover, DE. But in September 2005, the Act will expire.
Congress and the President must act quickly in the next three months to
renew the backbone of our country's fight to end domestic violence and
sexual assault, the Violence Against Women Act. We simply cannot let
the Act lapse or become buried in partisan bickering.
The enactment of the Violence Against Women Act in 1994 was the
beginning of a national and historic commitment to women and children
victimized by domestic violence and sexual assault. Thus far, our
commitment has yielded extraordinary progress. Since the Act's passage,
domestic violence has dropped by almost 50 percent. Incidents of rape
are down by 60 percent. The number of women killed by an abusive
husband or boyfriend is down by 22 percent. More than half of all rape
victims are stepping forward to report the crime. Over a million women
have found justice in our courtrooms and obtained domestic violence
protective orders.
The Violence Against Women Act provides critical resources so that
our communities may implement big and small improvements that can make
all the difference in the world. For instance, in my home State of
Delaware,
[[Page S6230]]
the Act's rural grant program helped the Delaware State Police
establish fully-equipped, dedicated domestic violence units in two
counties. The STOP program provided a Hispanic shelter with funding to
purchase a van to pick up battered women and their children who have
nowhere else to turn.
Today, we uphold our commitment to America's families. Despite the
incredible strides made, far too many women remain afraid to go home or
afraid to tell anyone about the rape that happened at last night's
party. We cannot let the Violence Against Women Act become a victim of
its own success. Instead, we need to usher the Act into the 21st
century and implement it with the next generation--recent police
academy graduates who want to be trained on handling family violence,
newly elected State legislators who want to update State laws on sexual
assault, and the next generation of children who must be taught that
abuse will not be tolerated.
Today's achievement--introduction of a bipartisan, compromise bill
that both reinvigorates existing programs and creates bold initiatives
to tackle new issues--has been a year in the making. As I drafted this
next iteration of the Violence Against Women Act, I listened closely to
the recommendations of those on the front lines to end the violence--
police, emergency room nurses, victim advocates, shelter directors, and
prosecutors--and made targeted improvements to existing grant programs
and tightened up criminal laws. A wide variety of groups worked hard
with Senator Specter, Senator Hatch and I to create this bill,
including the National Coalition Against Domestic Violence, the
National Network to End Domestic Violence, the Family Violence
Prevention Fund, Legal Momentum, the National Alliance to End Sexual
Violence, the National Center for Victims for Crime, the American Bar
Association, the National District Attorneys Association, the National
Council on Family and Juvenile Court Judges, the National Association
of Chiefs of Police, the National Sheriffs' Association and many
others.
Before previewing the particulars of today's bill, I want to explain
a few of my principles guiding the drafting of the Violence Against
Women Act of 2005. First, I remain dedicated to the cornerstone
programs in the Act such as the STOP grant program, the Rural Grant
program and the National Domestic Violence Hotline. These are
enormously successful initiatives that are the scaffolding of the Act.
These foundations must be strengthened, not neglected.
Second, ending domestic violence and sexual assault has, and will
continue to cost money. This is simply not a goal that can be
accomplished on the cheap. Our success in ending family violence is not
a signal to reduce funding; rather the opposite is so. We can't afford
to lose the gains that we have made. We've found a winning combination,
and Congress should continue to spend its money so effectively.
Third, today's bill is an ambitious, but reasoned, effort to solve
the next level of challenges for battered women and their children.
We've made tremendous strides in treating domestic violence and sexual
assaults as public crimes with accountable offenders and creating
coordinated community responses to help victims. Our next task is to
look beyond the immediate crisis and provide long-term solutions for
victims, as well as redouble our prevention efforts. Therefore, this
bill includes important efforts to ease the housing crisis for victims
fleeing their homes, provide more economic security for victims by
preserving their employment stability, engage boys and men in
initiatives to prevent domestic violence from occurring in the first
place, and enlist the healthcare community in identifying and treating
victims.
My final principle is that ending violence against women is truly a
shared goal--one that is held by Democrats and Republicans, one that is
upheld by men and women, and one that is desired by both government and
by the private sector. The continued success of the Violence Against
Women Act depends upon bipartisanship commitment.
Today's bill includes the following components. Title I on the
criminal justice system includes provisions to: 1. Renew and increase
funding to over $400 million a year for existing fundamental grant
programs for law enforcement, lawyers, judges and advocates; 2. stiffen
existing criminal penalties for repeat Federal domestic violence
offenders; and 3. update the criminal law on stalking to incorporate
new surveillance technology like Global Positioning Systems (GPS).
Title II on critical victim services will: 1. Create a new, dedicated
grant program for sexual assault victims that will strengthen the 1,300
rape crisis centers across the country; 2. reinvigorate programs to
help older and disabled victims of domestic violence; 3. strengthen
existing programs for rural victims and victims in underserved areas;
and 4. increase funding to $5 million annually for the National
Domestic Violence Hotline.
Reports indicate that up to ten million children experience domestic
violence in their homes each year. Experts agree that domestic violence
affects children in multiple, complicated and long-lasting ways. Every
risk, every injury, and every disruption that a battered woman endures
is one that her children experiences as well. The complex impact of
domestic violence--fear for one's safety at home, depression, loss of
income, moving from the family home, school disruptions and grieving
for a father--are complicated and traumatic for children. Treating
children who witness domestic violence, dealing effectively with
violent teenage relationships and teaching prevention strategies to
children are keys to ending the violence. Title III includes measures
to: 1. Promote collaboration between domestic violence experts and
child welfare agencies; and 2. enhance to $15 million a year, grants to
reduce violence against women on college campuses. Title IV focuses on
prevention strategies and includes programs supporting home visitations
and specifically engaging men and boys in efforts to end domestic and
sexual violence.
Doctors and nurses, like police officers on the beat, are often the
first witnesses of the devastating aftermath of abuse. As first
responders, they must be fully engaged in the effort to end the
violence and possess the tools they need to faithfully screen, treat,
and study family violence. Title V strengthens the health care system's
response to family violence with programs to train and educate health
care professionals on domestic and sexual violence, foster family
violence screening for patients, and more studies on the health
ramifications of family violence.
In some instances, women face the untenable choice of returning to
their abuser or becoming homeless. Indeed, 44 percent of the Nation's
mayors identified domestic violence as a primary cause of homelessness.
Efforts to ease the housing problems for battered women are contained
in Title VI, including: 1. Collaborative grant programs between
domestic violence organizations and housing providers; 2. programs to
combat family violence in public and assisted housing; and 3.
enhancements to transitional housing resources.
Leaving a violent partner often requires battered women to achieve a
level of economic security. Title VII seeks to help abused women
maintain secure employment by permitting battered women to take limited
employment leave to address domestic violence, such as attend court
proceedings, or move to a shelter. This is an issue long championed by
the late Senator Wellstone and Senator Murray, and I glad that we are
able to include this provision in today's bill.
Despite the historic immigration law changes made in the Violence
Against Women Act of 2000 that opened new and safe routes to
immigration status, battered immigrant women often have a very
difficult time escaping abuse because of immigration laws, language
barriers, and social isolation. Title VIII's immigration provisions go
a long way toward wresting immigration control away from the batterer
and pave the way for the victim to leave a violent home. In addition,
it would ensure that victims of trafficking are supported with measures
such as permitting their families to join them in certain
circumstances, expanding the duration of a T-visa, and providing
resources to victims who assist in investigations or prosecutions of
trafficking cases brought by State or Federal authorities.
[[Page S6231]]
In an effort to focus more closely on violence against Indian women,
Title IX creates a new tribal Deputy Director in the Office on Violence
Against Women dedicated to coordinating Federal tribal policy. In
addition, Title IX authorizes tribal governments to access and upload
domestic violence and protection order data on criminal databases, as
well as create tribal sex offender registries.
I am proud to introduce with Senators Hatch and Specter this
comprehensive bill to reauthorize the Violence Against Women Act. I
want to thank Senator Hatch, a longstanding champion on this issue, for
diligently working on this bill with Senator Specter and me. Since
1990, Senator Hatch and I have worked together to end family violence
in this country, so it is no great surprise that once again he worked
side-by-side with us to craft today's bill. I am also deeply indebted
to Senator Kennedy for his unwavering commitment to battered immigrant
women and his work on the bill's immigration provisions. I also thank
Senator Leahy who has long-supported the Violence Against Women Act and
in particular, has worked on the rural programs and transitional
housing provisions. Finally, I thank my very good friend from
Pennsylvania for his commitment and leadership on this bill. It is a
pleasure to work with Senator Specter. I know that he will adeptly and
expeditiously move the Violence Against Women Act through his
Committee.
In closing, I urge my colleagues to review today's Violence Against
Women Act of 2005 and add their support. I understand that there are
other proposals that should be considered before the full Senate
debates this legislation. Refinements will certainly be made to improve
what is currently in this bill. I welcome any suggestions that you may
have, and look forward to coming back to the floor to urge final
passage of the Violence Against Women Act of 2005.
Mr. LEAHY. Mr. President, I am proud to join Senators Biden, Hatch,
Specter and other cosponsors to introduce today the bipartisan VAWA,
the Violence Against Women Act of 2005.
Our Nation has made remarkable progress over the past 25 years in
recognizing that domestic violence and sexual assault are crimes,
providing legal remedies, social supports and coordinated community
responses. Millions of women, men, children and families, however,
continue to be traumatized by abuse, leading to increased rates of
crime, violence and suffering.
I witnessed the devastating effects of domestic violence early in my
career as the Vermont State's Attorney for Chittenden County. Violence
and abuse affect people of all walks of life every day and regardless
of gender, race, culture, age, class or sexuality. Such violence is a
crime and it is always wrong, whether the abuser is a family member,
someone the victim is dating, a current or past spouse, boyfriend, or
girlfriend, an acquaintance or a stranger.
The National Crime Victimization Survey estimates there were 691,710
non-fatal, violent incidents committed against victims by current and
former spouses, boyfriends or girlfriends now termed intimate partners
by DOJ--during 2001. Eight-five percent of those incidents were against
women. The rate of non-fatal intimate partner violence against women
has fallen steadily since 1993, when the rate was 9.8 incidents per
1,000 people. In 2001, the number fell to 5.0 incidents per 1,000
people, nearly a 50 percent reduction. Tragically, however, the survey
found that 1,600 women were killed in 1976 by a current or former
spouse or boyfriend, while in 2000 some 1,247 women were killed by
their intimate partners.
VAWA became law in 1994 and was reauthorized in 2000. It has provided
aid to law enforcement officers and prosecutors, encouraged arrest
policies, stemmed domestic violence and child abuse, established
training programs for victim advocates and counselors, and trained
probation and parole officers who work with released sex offenders.
This Congress we have the opportunity to reauthorize VAWA and make
improvements to vital core programs, tighten criminal penalties against
domestic abusers, and create new solutions to challenges in other
crucial aspects of domestic violence and sexual assault, such as
treating children victims of violence, augmenting health care for rape
victims, holding repeat offenders and Internet stalkers accountable,
and helping domestic violence victims keep their jobs.
I am particularly proud to note that included in VAWA 2005 are
reauthorizations for two programs that I authored. In a small, rural
Sate like Vermont, our county and local law enforcement agencies rely
on cooperative, interagency efforts to combat and solve significant
problems. That is why I authored the Rural Domestic Violence and Child
Victimization Enforcement Grant Program as part of the original VAWA.
This program helps services available to rural victims and children by
encouraging community involvement in developing a coordinated response
to combat domestic violence, dating violence and child abuse. Adequate
resources combined with sustained commitment will bring about
significant improvements in rural areas to the lives of those
victimized by domestic and sexual violence.
The Rural Grants Program section of VAWA 2005 reauthorizes and
expands the existing education, training and services grant programs
that address violence against women in rural areas. This provision
renews the rural VAWA program, extends direct grants to state and local
governments for services in rural areas and expands areas to include
community collaboration projects in rural areas and the creation or
expansion of additional victim services. This provision includes new
language that expands the program coverage to sexual assault, child
sexual assault and stalking. It also expands eligibility from rural
states to rural communities, increasing access to rural sections of
otherwise highly populated states. This section authorizes $55,000,000
annually for 2006 through 2010, which is an increase of $15 million per
year.
The second grant program I authored that is included in VAWA 2005 is
the Transitional Housing Assistance Grants for Victims of Domestic
Violence, Dating Violence, Sexual Assault or Stalking. This program,
which became law as part of the Prosecutorial Remedies and Other Tools
to End the Exploitation of Children Today, the PROTECT Act of 2003,
authorizes grants for transitional housing and related services for
people fleeing domestic violence, sexual assault or stalkers. At a time
when the availability of affordable housing has sunk to record lows,
transitional housing for victims is especially needed. Today more than
50 percent of homeless individuals are women and children fleeing
domestic violence. We have a clear problem that is in dire need of a
solution. I want this program to be part of the solution.
Transitional housing allows women to bridge the gap between leaving
violence in their homes and becoming self-sufficient. VAWA 2005 amends
the existing transitional housing program administered by the Office on
Violence Against Women in the Department of Justice. This section
expands the current direct-assistance grants to include funds for
operational, capital and renovation costs. Other changes include
providing services to victims of dating violence, sexual assault and
stalking; extending the length of time for receipt of benefits to match
that used by Housing and Urban Development transitional housing
programs; and updating the existing program to reflect the concerns of
the service provision community. The provision would increase the
authorized funding for the grant from $30,000,000 to $40,000,000.
Now it is time to strengthen the prevention of violence against women
and children and its devastating costs and consequences. This
legislation goes beyond simple words of recognition and efforts to
increase awareness of the problem of violence to save the lives of
battered women, rape victims and children who grow up with violence. I
look forward to working further with fellow Senators on VAWA 2005 and I
urge the Senate to take prompt action on this legislation.
Mr. KENNEDY. Mr. President, I strongly support the Violence Against
Women Act of 2005, and I commend Senator Biden, Senator Specter, and
Senator Hatch for their bipartisan leadership on these major issues.
Violence against women is a very real and very serious continuing
problem in the United States. The statistics are shocking.
Every 15 seconds, somewhere in America, a woman is battered, usually
by her intimate partner.
Every 90 seconds, somewhere in America, someone is sexually
assaulted.
On average, three women are murdered by their husbands or boyfriends
in America every day.
One out of every six American women have been the victims of a rape
in their lifetime.
[[Page S6232]]
These statistics are not just numbers. These violent acts are
happening to mothers, sisters, daughters, and friends. We cannot
tolerate this violence in our communities.
In 1994, Congress allocated funds to initiate efforts to prevent
violence against women and families. The programs established under the
Violence Against Women Act, and later expanded and reauthorized in
2000, have worked, and so will this legislation, because it takes
needed additional steps to prevent such violence. It enhances law
enforcement and judicial procedures to combat violence against women,
and it also reinvigorates programs to help older and disabled victims
of domestic violence.
Forty-four percent of the Nation's mayors identified domestic
violence as a primary cause of homelessness. This bill eases housing
problems for battered women.
Victims of domestic violence need time off from work to obtain
medical attention, counseling, and other support. This bill will
provide that flexibility.
Doctors, nurses, and other health professionals are often the first
responders for treating the injuries women suffer from domestic and
sexual violence. It is essential for those who help them to be able to
respond effectively and compassionately. When health providers screen
for domestic violence and follow up on such cases, women are more
likely to be safer over the long term. This bill includes new funds for
training health professionals to recognize and respond to domestic and
sexual violence, and to enable public health officials to recognize the
need as well. The research funds provided by this bill are vital
because we need the best possible interventions in health care settings
to prevent future violence and help the victims.
Violence against women can occur throughout women's lives, beginning
in childhood, continuing in adolescence, and in numerous contexts and
settings. It is important for any bill on such violence to focus on
girls and young women as well, and this bill does that.
In 1994, we included an important innovative provision in the bill to
fund a National Domestic Violence Hotline. When the hotline opened in
February 1996, victims of domestic violence across the nation finally
had help available toll-free, 24 hours a day, 365 days a year. This
legislation increases funding for that very important support.
Another important section of the bill provides greater help to
immigrant victims of domestic violence, sexual assault, trafficking and
similar offenses. This section builds on the current Act and is
designed to remove the obstacles in immigration laws that prevent such
victims from safely fleeing the violence in their lives, and to dispel
the fear that often prevents them from prosecuting their abusers.
Eliminating domestic violence is especially challenging in immigrant
communities, where victims often face additional cultural, linguistic
and immigration barriers to seeking safety. Abusers of immigrant
spouses or children are liable to use threats of deportation against
them, trapping them in endless years of violence. Many of us have heard
horrific stories of violence in cases where the threat of deportation
was used against immigrant spouses and children--``If you leave me,
I'll report you to the immigration authorities, and you'll never see
the children again.'' Or the abuser says, ``If you tell the police what
I did, I'll have immigration deport you.''
Congress has made significant progress in enacting protections for
these immigrant victims, but there are still many women and children
whose lives are in danger. Our bill extends immigration relief to all
victims of family violence, including victims of elder abuse, incest
and stalking. It ensures economic security for immigrant victims and
their children by providing work authorization for victims with valid
immigration cases. It makes it easier for victims of trafficking to
obtain federal benefits if they assist in the investigation or
prosecution of trafficking crimes.
I commend the sponsors of this legislation for working with us on
this issue and for making domestic violence in immigrant communities an
important priority in our overall effort to combat violence against
women.
We have a responsibility in Congress to do all we can to eradicate
domestic violence. Our bill gives the safety of women and their
families the high priority it deserves, and I urge my colleagues to
support it.
______
By Ms. STABENOW (for herself and Mr. Levin):
S. 1198. A bill to amend the Solid Waste Disposal Act to authorize
States to restrict receipt of foreign municipal solid waste, to
implement the Agreement Concerning the Transboundary Movement of
Hazardous Waste between the United States and Canada, and for other
purposes; to the Committee on Environment and Public Works.
Ms. STABENOW. Mr. President, I rise today to introduce the
International Solid Waste Importation and Management Act. I want to
thank Senator Levin for cosponsoring this bill and for his tireless
work to stop Canadian trash imports into our State. The purpose of our
bill is to finally put an end to the river of garbage flowing from
Canada into Michigan's landfills.
Our legislation is a companion bill to H.R. 2491 which is being voted
on in the Subcommittee on Environment and Hazardous Material of the
House Energy and Commerce Committee today. I am extremely pleased that
Congress is starting to take action on this critical bill.
I cannot overstate the importance of this legislation to Michigan.
The number of trash trucks entering our State has continually
increased. In fact, since the summer of 2003 the number of trash trucks
coming from Canada has jumped from 180 per day to about 415 per day.
The result is that Michigan is the third largest importer of trash out
of all of the States in the Nation.
Not only does this waste dramatically decrease Michigan's own
landfill capacity, but it has a tremendous negative impact on
Michigan's environment and on the public health of its citizens.
Canadian waste also hampers the effectiveness of Michigan's state and
local recycling efforts, since Ontario does not have a bottle law
requiring recycling. Trash trucks also present a security risk at our
Michigan-Canadian border, since, by their nature, trucks full of
garbage are harder for Customs agents to inspect then traditional
cargo.
Michigan already has protections contained in an international
agreement between the United States and Canada, but they are being
ignored. Under the Agreement Concerning the Transboundary Movement of
Hazardous Waste, which was entered into in 1986, shipments of waste
across the Canadian-U.S. border require government-to-government
notification. The Environmental Protection Agency (EPA) as the
designated authority for the United States would receive notification
of a trash shipment and then consent or object to the shipment within
30 days. Unfortunately, these notification provisions have never been
enforced by the EPA.
This legislation will give Michigan residents the protection they are
entitled to under this bilateral treaty. The bill would allow the State
of Michigan to pass laws to stop the Canadian trash shipments until the
EPA finally enforces this treaty. Once the EPA begins enforcing the
treaty, they would have to consider certain criteria when deciding
whether to consent or object to a shipment, such as the State's views
on the shipment, and the shipment's impact on landfill capacity, air
emissions, public health, and the environment. These waste shipments
should no longer be accepted without an examination of the impacts on
the health and welfare of Michigan families.
Michiganians and the Michigan Congressional delegation are united in
our opposition to Canadian trash shipments. We have waged a continuous
battle to end trash importation and we will continue to fight until we
succeed. I urge my colleagues on the Senate Environment and Public
Works Committee to take action on this crucial legislation as quickly
as they can.
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. 1198
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
[[Page S6233]]
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Solid Waste
Importation and Management Act of 2005''.
SEC. 2. CANADIAN MUNICIPAL SOLID WASTE.
(a) In General.--Subtitle D of the Solid Waste Disposal Act
(42 U.S.C. 6941 et seq.) is amended by adding at the end the
following:
``SEC. 4011. CANADIAN MUNICIPAL SOLID WASTE.
``(a) Definitions.--In this section:
``(1) Agreement.--The term `Agreement' means--
``(A) the Agreement Concerning the Transboundary Movement
of Hazardous Waste between the United States and Canada,
signed at Ottawa on October 28, 1986 (TIAS 11099) and amended
on November 25, 1992; and
``(B) any regulations promulgated and orders issued to
implement and enforce that Agreement.
``(2) Foreign municipal solid waste.--The term `foreign
municipal solid waste' means municipal solid waste that is
generated outside of the United States.
``(3) Municipal solid waste.--
``(A) In general.--The term `municipal solid waste' means--
``(i) material discarded for disposal by--
``(I) households (including single and multifamily
residences); and
``(II) public lodgings such as hotels and motels; and
``(ii) material discarded for disposal that was generated
by commercial, institutional, and industrial sources, to the
extent that the material--
``(I)(aa) is essentially the same as material described in
clause (i); or
``(bb) is collected and disposed of with material described
in clause (i) as part of a normal municipal solid waste
collection service; and
``(II) is not subject to regulation under subtitle C.
``(B) Inclusions.--The term `municipal solid waste'
includes--
``(i) appliances;
``(ii) clothing;
``(iii) consumer product packaging;
``(iv) cosmetics;
``(v) debris resulting from construction, remodeling,
repair, or demolition of a structure;
``(vi) disposable diapers;
``(vii) food containers made of glass or metal;
``(viii) food waste;
``(ix) household hazardous waste;
``(x) office supplies;
``(xi) paper; and
``(xii) yard waste.
``(C) Exclusions.--The term `municipal solid waste' does
not include--
``(i) solid waste identified or listed as a hazardous waste
under section 3001, except for household hazardous waste;
``(ii) solid waste, including contaminated soil and debris,
resulting from--
``(I) a response action taken under section 104 or 106 of
the Comprehensive Environmental Response, Compensation, and
Liability Act (42 U.S.C. 9604, 9606);
``(II) a response action taken under a State law with
authorities comparable to the authorities contained in either
of those sections; or
``(III) a corrective action taken under this Act;
``(iii) recyclable material--
``(I) that has been separated, at the source of the
material, from waste destined for disposal; or
``(II) that has been managed separately from waste destined
for disposal, including scrap rubber to be used as a fuel
source;
``(iv) a material or product returned from a dispenser or
distributor to the manufacturer or an agent of the
manufacturer for credit, evaluation, and possible potential
reuse;
``(v) solid waste that is--
``(I) generated by an industrial facility; and
``(II) transported for the purpose of treatment, storage,
or disposal to a facility (which facility is in compliance
with applicable State and local land use and zoning laws and
regulations) or facility unit--
``(aa) that is owned or operated by the generator of the
waste;
``(bb) that is located on property owned by the generator
of the waste or a company with which the generator is
affiliated; or
``(cc) the capacity of which is contractually dedicated
exclusively to a specific generator;
``(vi) medical waste that is segregated from or not mixed
with solid waste;
``(vii) sewage sludge or residuals from a sewage treatment
plant;
``(viii) combustion ash generated by a resource recovery
facility or municipal incinerator; or
``(ix) waste from a manufacturing or processing (including
pollution control) operation that is not essentially the same
as waste normally generated by households.
``(b) Management of Foreign Municipal Solid Waste.--
``(1) State action.--
``(A) In general.--Except as provided in paragraph (2) and
subject to subparagraph (B), until the date on which the
Administrator promulgates regulations to implement and
enforce the Agreement (including notice and consent
provisions of the Agreement), a State may enact 1 or more
laws, promulgate regulations, or issue orders imposing
limitations on the receipt and disposal of foreign municipal
solid waste within the State.
``(B) No effect on existing authority.--A State law,
regulation, or order that is enacted, promulgated, or issued
before the date on which the Administrator promulgates
regulations under subparagraph (A)--
``(i) may continue in effect after that date; and
``(ii) shall not be affected by the regulations promulgated
by the Administrator.
``(2) Effect on interstate and foreign commerce.--No State
action taken in accordance with this section shall be
considered--
``(A) to impose an undue burden on interstate or foreign
commerce; or
``(B) to otherwise impair, restrain, or discriminate
against interstate or foreign commerce.
``(3) Trade and treaty obligations.--Nothing in this
section affects, replaces, or amends prior law relating to
the need for consistency with international trade
obligations.
``(c) Authority of Administrator.--
``(1) In general.--Beginning immediately after the date of
enactment of this section, the Administrator shall--
``(A) perform the functions of the Designated Authority of
the United States described in the Agreement with respect to
the importation and exportation of municipal solid waste
under the Agreement; and
``(B) implement and enforce the Agreement (including notice
and consent provisions of the Agreement).
``(2) Regulations.--Not later than 2 years after the date
of enactment of this section, the Administrator shall
promulgate final regulations with respect to the
responsibilities of the Administrator under paragraph (1).
``(3) Consent to importation.--In considering whether to
consent to the importation of Canadian municipal solid waste
under article 3(c) of the Agreement, the Administrator
shall--
``(A) give substantial weight to the views of each State
into which the foreign municipal solid waste is to be
imported, and consider the views of the local government with
jurisdiction over the location at which the waste is to be
disposed;
``(B) consider the impact of the importation on--
``(i) continued public support for and adherence to State
and local recycling programs;
``(ii) landfill capacity as provided in comprehensive waste
management plans;
``(iii) air emissions from increased vehicular traffic; and
``(iv) road deterioration from increased vehicular traffic;
and
``(C) consider the impact of the importation on--
``(i) homeland security;
``(ii) public health; and
``(iii) the environment.
``(4) Actions in violation of the agreement.--No person
shall import, transport, or export municipal solid waste for
final disposal or for incineration in violation of the
Agreement.
``(d) Compliance Orders.--
``(1) In general.--If, on the basis of any information, the
Administrator determines that any person has violated or is
in violation of this section, the Administrator may--
``(A) issue an order assessing a civil penalty for any past
or current violation, requiring compliance immediately or
within a specified time period, or both; or
``(B) commence a civil action in the United States district
court in the district in which the violation occurred for
appropriate relief, including a temporary or permanent
injunction.
``(2) Specificity.--Any order issued pursuant to this
subsection shall state with reasonable specificity the nature
of the violation.
``(3) Maximum amount of penalty.--Any penalty assessed in
an order described in paragraph (1) shall not exceed $25,000
per day of noncompliance for each violation.
``(4) Penalty assessment.--In assessing a penalty under
paragraph (1), the Administrator shall take into account the
seriousness of the violation and any good faith efforts to
comply with applicable requirements.
``(e) Public Hearing.--
``(1) In general.--Any order issued under this section
shall become final unless, not later than 30 days after the
date on which the order is served, 1 or more persons named in
the order request a public hearing.
``(2) Procedure for hearing.--The Administrator--
``(A) shall promptly conduct a public hearing on receipt of
a request under paragraph (1);
``(B) in connection with any proceeding under this section,
may issue subpoenas for the attendance and testimony of
witnesses and the production of relevant papers, books, and
documents; and
``(C) may promulgate rules for discovery procedures.
``(f) Violation of Compliance Orders.--If a violator fails
to take corrective action within the time specified in a
compliance order issued under this section, the Administrator
may assess a civil penalty of not more than $25,000 for each
day of continued noncompliance with the order.''.
(b) Conforming Amendment.--The table of contents of the
Solid Waste Disposal Act (42 U.S.C. prec. 6901) is amended by
adding after
[[Page S6234]]
the item relating to section 4010 the following:
``Sec. 4011. Foreign municipal solid waste''.
Mr. LEVIN. Mr. President, every week, thousands of truckloads of
solid municipal waste are being imported into the United States for
disposal in US. landfills. Most of these shipments enter at three
border crossings in Michigan: Port Huron, Sault Ste. Marie, and
Detroit. Canadian shipments are entering this country' without
regulatory controls to protect the environment and public safety as
required by a treaty between the US. and Canada. The loads of municipal
solid waste are more than just a nuisance. Canada's weekly importation
of thousands of truckloads of trash into Michigan is a potential threat
to our environment, health, and security.
I join with my colleague Senator Stabenow today in introducing S.
1198, the companion to H.R. 2491, which was reported by the House
Energy and Commerce Subcommittee on Environment and Hazardous Waste
today. It is long overdue for Congress to address this critical issue
for Michigan and the rest of the U.S. This bill has the support of the
entire Michigan Congressional delegation.
Our legislation requires the EPA Administrator to implement
regulations enforcing terms of the United States-Canada treaty within
24 months, and it gives States the authority to regulate foreign waste
transported into the U.S. until those regulations to implement and
enforce the treaty become effective. Our bill implements the treaty's
requirement that the Canadian environmental department notify the EPA
of each shipment of waste that enters the United States. The EPA then
has 30 days to object to the shipment or accept it.
I believe this legislation will help to protect the health and
environment of the people of Michigan. I am pleased to have worked on
this bipartisan initiative with the other members of our State's
congressional delegation and with Gov. Jennifer Granholm. I urge the
members of the Senate Environment and Public Works Committee to take
action on this legislation as quickly as possible.
______
By Mr. BURNS:
S. 1199. A bill to amend title II of the Social Security Act to
shorten the waiting period for social security disability benefits for
individuals with mesothelioma; to the Committee on Finance.
Mr. BURNS. Mr. President, I come to the floor today to introduce
legislation that would significantly reduce the Social Security
Disability payment waiting period for people diagnosed with the fatal
cancer of mesothelioma.
Seventy to eighty percent of all documented cases of mesothelioma
share the common denominator of a history of asbestos. While symptoms
of mesothelioma can remain latent over many decades, this rare cancer
violently attacks its victims, and drastically reduce their life
expectancy.
The Social Security Administration currently has a mandatory five-
month ``waiting period'' for all people applying for disability. The
victims of mesothelioma simply cannot wait 5 months for their
disability payments to begin. This bill will significantly reduce the
waiting period from 5 months to 30 days for victims of mesothelioma.
I encourage my colleagues to support this measure and join me in
ensuring these victims get their payments in a timely fashion.
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. 1199
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 ``Prompt Disability Payment to
Mesothelioma Victims Act of 2005''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Mesothelioma is a quickly advancing form of cancer.
(2) Most cases of mesothelioma arise from exposure to
asbestos fibers.
(3) The National Cancer Institute estimates that in 2002,
approximately 2,000 new mesothelioma diagnoses were made in
the United States.
SEC. 3. SHORTENED WAITING PERIOD FOR SOCIAL SECURITY
DISABILITY BENEFITS FOR INDIVIDUALS WITH
MESOTHELIOMA.
(a) In General.--Section 223(c)(2) of the Social Security
Act (42 U.S.C. (c)(2)) is amended--
(1) in the matter preceding subparagraph (A), by inserting
``(or, in the case of an individual with mesothelioma, 30
days)'' after ``months''; and
(2) in subparagraph (B)--
(A) in clause (i), by inserting ``(or, in the case of an
individual with mesothelioma, the thirteenth month)'' after
``seventeenth month''; and
(B) in clause (ii), by inserting ``(or, in the case of an
individual with mesothelioma, such thirteenth month)'' after
``such seventeenth month''.
(b) Effective Date.--The amendments made by subsection (a)
apply to applications for disability benefits filed or
pending on or after the date of enactment of this Act and to
any individuals with filed applications for such benefits as
of that date who are within a waiting period on such date.
______
By Mr. ALLARD:
S. 1202. A bill to provide environmental assistance to non-Federal
interests in the State of Colorado; to the Committee on Environment and
Public Works.
Mr. ALLARD. Mr. President, the ability of communities to provide its
citizens with clean, safe drinking water is one of the most important
public utility services any municipality can offer. I support many of
the goals of the Clean Water Act and believe that the United States has
made great progress in eliminating dangerous substances from drinking
water. It has helped make our national drinking water infrastructure
more reliable and more effective. Unfortunately, many of the small,
financially strapped, rural communities in Colorado cannot meet the
obligations of the Clean Water Act or the regulations of the
Environmental Protection Agency because of increasingly onerous
unfunded Federal drinking water mandates, As a result, communities in
my home State are faced with two options: increase taxes and utility
rates to exorbitant levels or end municipal water delivery. Neither
option is acceptable.
That is why I am introducing the Rural Colorado Water Infrastructure
Act, a bill that will allow Colorado to participate in a program known
as Section 595 of the Water Resources Development Act. My legislation
authorizes $50 million for design and construction assistance to non-
Federal interests in the most desperate Colorado communities for
publicly owned water related environmental infrastructure and resource
protection and development projects.
The Rural Colorado Water Infrastructure Act will allow local
communities to enter into cost share agreements with the U.S. Corps of
Engineers to develop wastewater treatment and related facility water
supply, conservation and related facilities, storm water retention and
remediation, environmental restoration, and surface water resources
protection and development.
Cities in Colorado like Alamosa, Sterling, and Julesburg that face
enormous costs to develop new facilities may be able to utilize the
program and save themselves from economic hardship. The Corps of
Engineers Section 595 program has been a great ally to many Western
States, and, under my legislation, Colorado would also be able to
benefit from this successful public-private partnership.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 1202
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 ``Rural Colorado Water
Infrastructure Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Army, acting through the Chief of Engineers.
(2) State.--The term ``State'' means the State of Colorado.
SEC. 3. PROGRAM.
(a) Establishment.--The Secretary may establish a pilot
program to provide environmental assistance to non-Federal
interests in the State.
(b) Form of Assistance.--Assistance under this section may
be provided in the form of design and construction assistance
for water-related environmental infrastructure and resource
protection and development projects in the State, including
projects for--
(1) wastewater treatment and related facilities;
[[Page S6235]]
(2) water supply and related facilities;
(3) water conservation and related facilities;
(4) stormwater retention and remediation;
(5) environmental restoration; and
(6) surface water resource protection and development.
(c) Public Ownership Requirement.--The Secretary may
provide assistance for a project under this section only if
the project is publicly owned.
(d) Local Cooperation Agreement.--
(1) In general.--Before providing assistance under this
section, the Secretary shall enter into a local cooperation
agreement with a non-Federal interest to provide for design
and construction of the project to be carried out with the
assistance.
(2) Requirements.--Each local cooperation agreement entered
into under this subsection shall provide for the following:
(A) Plan.--Development by the Secretary, III consultation
and coordination with appropriate Federal and State
officials, of a facilities or resource protection and
development plan, including appropriate engineering plans and
specifications.
(B) Legal and institutional structures.--Establishment of
such legal and institutional structures as are necessary to
ensure the effective long-term operation of the project by
the non-Federal interest.
(3) Cost sharing.--
(A) In general.--The Federal share of project costs under
each local cooperation agreement entered into under this
subsection--
(i) shall be 75 percent; and
(ii) may be in the form of grants or reimbursements of
project costs.
(B) Pre-cooperative agreement activities.--The Federal
share of the cost of activities carried out by the Secretary
under this section before the execution of a local coopera-
tive agreement shall be 100 percent.
(C) Credit for design work.--The non- Federal interest
shall receive credit, not to exceed 6 percent of the total
construction costs of a project, for the reasonable costs of
design work completed by the non-Federal interest before
entering into a local cooperation agreement with the
Secretary for the project.
(D) Credit for interest.--In case of a delay in the funding
of the Federal share of the costs of a project that is the
subject of an agreement under this section, the non-Federal
interest shall receive credit for reasonable interest
incurred in providing the Federal share of the costs of the
project.
(E) Land, easements, and rights-of-way credit. The non-
Federal interest shall receive credit for land, easements,
rights-of-way, and relocations toward the non-Federal share
of project costs (including all reasonable costs associated
with obtaining permits necessary for the construction,
operation, and maintenance of the project on publicly owned
or controlled land), but not to exceed 25 percent of total
project costs.
(F) Operation and maintenance.--The non-Federal share of
operation and maintenance costs for projects constructed with
assistance provided under this section shall be 100 percent.
(e) Applicability of Other Federal and State Laws.--Nothing
in this section waives, limits, or otherwise affects the
applicability of any provision of Federal or State law that
would otherwise apply to a project to be carried out with
assistance provided under this section.
(f) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $50,000,000 for
the period beginning with fiscal year 2006, to remain
available until expended.
______
By Mr. DODD (for himself, Mr. Durbin, and Ms. Stabenow):
S. 1204. A bill to encourage students to pursue graduate education
and to assist students in affording graduate education; to the
Committee on Finance.
Mr. DODD. Mr. President, I rise today with Senators Durbin and
Stabenow to introduce GRAD, the Getting Results for Advanced Degrees
Act. The purpose of this bill is to encourage students to pursue
graduate education and to assist them in affording it.
The percentage of individuals pursuing graduate education has
increased dramatically in recent decades as individuals seek the
education and skills needed to participate in a global economy. In the
last 25 years alone, graduate enrollment in the United States has
increased by 38 percent bringing the number of graduate students in
this country to 1.85 million.
The benefits of graduate education for our country are enormous. This
year's graduate and professional students are the doctors, scientists,
and inventors of tomorrow. Their ideas and innovations will be the
basis of America's economic strength in the years to come. The benefits
for individuals are significant as well. The median earnings of a
worker with a master's degree are twice that of a high school graduate
and $10,000 more than an individual with a bachelor's degree. The
median earnings of a worker with a doctoral degree are 2\1/2\ times
that of a high school graduate, $30,000 more than an individual with a
bachelor's degree and $20,000 more than someone with a master's. An
individual with a professional degree can expect to make three times
the amount of a high school graduate, almost double the amount of an
individual with a bachelor's, $35,000 more than individuals with a
master's and $15,000 more than someone with a doctoral degree. Clearly,
one's earning power increases, in some cases exponentially, with
increasing education.
Despite the immediate and long-term benefits of graduate education
for individuals and our Nation as a whole, graduate education is, for
many, financially out of reach. In 2002-03 the average graduate school
tuition at public institutions was $4,855 and $15,279 at private
institutions. The average debt reported by graduate students today is
$45,900. For medical students it is $115,000, for dental students it is
$122,000 and for law students it is $86,000. These are astounding
figures.
To increase access to graduate education, I have put together a
series of proposals that will make graduate and professional school
more accessible affordable for all qualified applicants, the Getting
Results for Advanced Degrees Act. First, the GRAD Act raises the
authorization levels of GAANN, the Graduate Assistance in Areas of
National Need Program and the Jacob Javits Fellowship Program so that
there are more opportunities at more universities for students to
pursue advanced degrees. GAANN supports graduate study in areas of
national need such as chemistry, computer science, engineering, and
physics, while the Jacob Javits Program helps support graduate study in
the arts, humanities and social sciences.
To encourage greater participation by minority students in advanced
programs the GRAD Act creates the Patsy T. Mink Fellowship Program.
Named for former Congresswoman Patsy Mink, the first woman of Asian
descent and the first woman of color to serve in the U.S. Congress,
this program would offer assistance to underrepresented minorities
pursuing doctoral degrees. It is fitting that such a program be named
after Congresswoman Mink, a long-time champion for immigrants,
minorities, women and children. I can think of no better tribute to her
lifetime achievements than this program.
To help students afford the costs of graduation education, the GRAD
Act expands the tax-exempt status of scholarships to treat reasonable
room-and-board allowances as part of permitted higher education
expenses. GRAD revises the cost of attendance calculations for
financial aid for students with dependents to reflect the true cost-of-
living expenses for themselves and the families that they support. GRAD
also increases the unsubsidized Stafford loan limit for graduate and
professional students from $10,000 to $12,000 so they are less likely
to have to turn to more expensive private loans.
Mr. President, the Getting Results for Advanced Degrees Act will help
students meet the financial challenges faced in pursuing graduate
studies. The act strengthens programs that support graduate students in
areas of vital importance to our nation and makes assistance available
to underrepresented minority students pursuing a doctoral degree. By
helping students to pursue and afford graduate education, the GRAD Act
will help individuals, families and the nation as a whole recognize and
achieve the important benefits of graduate education.
I hope my colleagues will join me in support of graduate education by
supporting this bill. By working together, I believe that the Senate
can act to ensure that more individuals are able to pursue graduate
education and assist our nation in meeting the challenges faced in a
global economy. 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. 1204
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 ``Getting Results for Advanced
Degrees Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) From 1976 to 2000, graduate enrollment in the United
States increased 38 percent. In the fall of 2000, there were
1,850,000 graduate students enrolled in the United States.
(2) In 2003, 84 percent of graduate students in the United
States were citizens of the
[[Page S6236]]
United States or resident aliens, and 16 percent were
temporary residents who were foreign or international
students.
(3) In a 2002 borrower's survey, the average debt reported
by graduate students was $45,900.
(4) In 1999-2000, 60 percent of all graduate and first-
professional students, and 82 percent of those enrolled full-
time and full-year, received some type of financial aid,
including grants, loans, assistantships, or work study. The
average amount of aid received by aided full-time, full-year
students was approximately $19,500 per year.
(5) Annual aid in the form of grants to full-time, full-
year recipients was awarded in larger average amounts to
doctoral students ($13,400) than to either master's students
($7,600) or first-professional students ($6,900). First-
professional students took out larger loans on average
overall ($20,100) than did their counterparts at the master's
level ($14,800) and doctoral level ($14,100).
(6) Median annual earnings in 2003 increased with
educational attainment. There was a substantial earnings
differential from the highest to the lowest levels of
attainment:
(A) The median earnings of workers who had a master's
degree were almost twice those of high school graduates and
$10,000 more than those of individuals with a bachelor's
degree.
(B) The median earnings of workers who had a doctoral
degree were 2\1/2\ times those of high school graduates,
$30,000 more than those of individuals with a bachelor's
degree, and $20,000 more than those of individuals with a
master's degree.
(C) The median earnings of workers with a professional
degree were more than 3 times those of high school graduates,
almost double those of individuals with a bachelor's degree,
$35,000 more than those of individuals with a master's
degree, and $15,000 more than those of individuals with a
doctoral degree.
SEC. 3. JACOB K. JAVITS FELLOWSHIP PROGRAM.
(a) Criteria for Awards.--Section 701(a) of the Higher
Education Act of 1965 (20 U.S.C. 1134(a)) is amended by
striking ``, financial need,''.
(b) Qualifications of Board.--Section 702(a) of the Higher
Education Act of 1965 (20 U.S.C. 1134a(a)) is amended by
striking paragraph (1) and inserting the following:
``(1) Appointment.--
``(A) In general.--The Secretary shall appoint a Jacob K.
Javits Fellows Program Fellowship Board (referred to in this
subpart as the `Board') consisting of 9 individuals
representative of both public and private institutions of
higher education who are especially qualified to serve on the
Board.
``(B) Qualifications.--In making appointments under
subparagraph (A), the Secretary shall--
``(i) give due consideration to the appointment of
individuals who are highly respected in the academic
community;
``(ii) assure that individuals appointed to the Board are
broadly representative of a range of disciplines in graduate
education in arts, humanities, and social sciences;
``(iii) appoint members to represent the various geographic
regions of the United States; and
``(iv) include representatives from minority serving
institutions.''.
(c) Amount of Stipends.--Section 703(a) of the Higher
Education Act of 1965 (20 U.S.C. 1134b(a)) is amended by
striking ``graduate fellowships,'' and all that follows
through the period and inserting ``Graduate Research
Fellowship Program.''.
(d) Authorization of Appropriations.--Section 705 of the
Higher Education Act of 1965 (20 U.S.C. 1134d) is amended by
striking ``$30,000,000 for fiscal year 1999'' and inserting
``$35,000,000 for fiscal year 2006''.
SEC. 4. GRADUATE ASSISTANCE IN AREAS OF NATIONAL NEED.
(a) Application Contents.--Section 713(b)(5) of the Higher
Education Act of 1965 (20 U.S.C. 1135b(b)(5)) is amended--
(1) by striking subparagraph (A); and
(2) by redesignating subparagraphs (B) and (C) as
subparagraphs (A) and (B), respectively.
(b) Amount of Stipends.--Section 714(b) of the Higher
Education Act of 1965 (20 U.S.C. 1135c(b)) is amended by
striking ``graduate fellowships,'' and all that follows
through the period and inserting ``Graduate Research
Fellowship Program.''.
(c) Authorization of Appropriations.--Section 716 of the
Higher Education Act of 1965 (20 U.S.C. 1135e) is amended by
striking ``$35,000,000 for fiscal year 1999'' and inserting
``$50,000,000 for fiscal year 2006''.
(d) Technical Amendments.--Section 714(c) of the Higher
Education Act of 1965 (20 U.S.C. 1135c(c)) is amended--
(1) by striking ``716(a)'' and inserting ``715(a)''; and
(2) by striking ``714(b)(2)'' and inserting ``713(b)(2)''.
SEC. 5. PATSY T. MINK FELLOWSHIP PROGRAM.
Part A of title VII of the Higher Education Act of 1965 (20
U.S.C. 1134 et seq.) is amended--
(1) by redesignating subpart 4 as subpart 5;
(2) by redesignating section 731 as section 740;
(3) in section 740 (as redesignated by paragraph (2))--
(A) in the section heading, by striking ``AND 3.'' and
inserting ``3, AND 4.'';
(B) in subsection (a), by striking ``and 3'' and inserting
``3, and 4'';
(C) in subsection (b), by striking ``and 3'' and inserting
``3, and 4''; and
(D) in subsection (d), by striking ``or 3'' and inserting
``3, or 4''; and
(4) by inserting after subpart 3 the following:
``Subpart 4--Patsy T. Mink Fellowship Program
``SEC. 731. PURPOSE AND DESIGNATION.
``(a) Purpose.--It is the purpose of this subpart to
provide, through eligible institutions, a program of
fellowship awards to assist highly qualified minorities and
women to acquire the doctoral degree, or highest possible
degree available, in academic areas in which such individuals
are underrepresented for the purpose of enabling such
individuals to enter the higher education professoriate.
``(b) Designation.--Each recipient of a fellowship award
from an eligible institution receiving a grant under this
subpart shall be known as a `Patsy T. Mink Graduate Fellow'.
``SEC. 732. DEFINITION OF ELIGIBLE INSTITUTION.
``In this subpart, the term `eligible institution' means an
institution of higher education, or a consortium of such
institutions, that offers a program of postbaccalaureate
study leading to a graduate degree.
``SEC. 733. PROGRAM AUTHORIZED.
``(a) Grants by Secretary.--
``(1) In general.--The Secretary shall award grants to
eligible institutions to enable such institutions to make
fellowship awards to individuals in accordance with the
provisions of this subpart.
``(2) Priority consideration.--In awarding grants under
this subpart, the Secretary shall consider the eligible
institution's prior experience in producing doctoral degree,
or highest possible degree available, holders who are
minorities and women, and shall give priority consideration
in making grants under this subpart to those eligible
institutions with a demonstrated record of producing
minorities and women who have earned such degrees.
``(b) Applications.--
``(1) In general.--An eligible institution that desires a
grant under this subpart shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary may require.
``(2) Applications made on behalf.--
``(A) In general.--The following entities may submit an
application on behalf of an eligible institution:
``(i) A graduate school or department of such institution.
``(ii) A graduate school or department of such institution
in collaboration with an undergraduate college or university
of such institution.
``(iii) An organizational unit within such institution that
offers a program of postbaccalaureate study leading to a
graduate degree, including an interdisciplinary or an
interdepartmental program.
``(iv) A nonprofit organization with a demonstrated record
of helping minorities and women earn postbaccalaureate
degrees.
``(B) Nonprofit organizations.--Nothing in this paragraph
shall be construed to permit the Secretary to award a grant
under this subpart to an entity other than an eligible
institution.
``(c) Selection of Applications.--In awarding grants under
subsection (a), the Secretary shall--
``(1) take into account--
``(A) the number and distribution of minority and female
faculty nationally;
``(B) the current and projected need for highly trained
individuals in all areas of the higher education
professoriate; and
``(C) the present and projected need for highly trained
individuals in academic career fields in which minorities and
women are underrepresented in the higher education
professoriate; and
``(2) consider the need to prepare a large number of
minorities and women generally in academic career fields of
high national priority, especially in areas in which such
individuals are traditionally underrepresented in college and
university faculties.
``(d) Distribution and Amounts of Grants.--
``(1) Equitable distribution.--In awarding grants under
this subpart, the Secretary shall, to the maximum extent
feasible, ensure an equitable geographic distribution of
awards and an equitable distribution among public and
independent eligible institutions that apply for grants under
this subpart and that demonstrate an ability to achieve the
purpose of this subpart.
``(2) Special rule.--To the maximum extent practicable, the
Secretary shall use not less than 50 percent of the amount
appropriated pursuant to section 736 to award grants to
eligible institutions that--
``(A) are eligible for assistance under title III or title
V; or
``(B) have formed a consortium that includes both non-
minority serving institutions and minority serving
institutions.
``(3) Allocation.--In awarding grants under this subpart,
the Secretary shall allocate appropriate funds to those
eligible institutions whose applications indicate an ability
to significantly increase the numbers of minorities and women
entering the higher education professoriate and that commit
institutional resources to the attainment of the purpose of
this subpart.
``(4) Number of fellowship awards.--An eligible institution
that receives a grant under this subpart shall make not less
than 15 fellowship awards.
[[Page S6237]]
``(5) Reallotment.--If the Secretary determines that an
eligible institution awarded a grant under this subpart is
unable to use all of the grant funds awarded to the
institution, the Secretary shall reallot, on such date during
each fiscal year as the Secretary may fix, the unused funds
to other eligible institutions that demonstrate that such
institutions can use any reallocated grant funds to make
fellowship awards to individuals under this subpart.
``(e) Institutional Allowance.--
``(1) In general.--
``(A) Number of allowances.--In awarding grants under this
subpart, the Secretary shall pay to each eligible institution
awarded a grant, for each individual awarded a fellowship by
such institution under this subpart, an institutional
allowance.
``(B) Amount.--Except as provided in paragraph (3), an
institutional allowance shall be in an amount equal to, for
academic year 2006-2007 and succeeding academic years, the
amount of institutional allowance made to an institution of
higher education under section 715 for such academic year.
``(2) Use of funds.--Institutional allowances may be
expended in the discretion of the eligible institution and
may be used to provide, except as prohibited under paragraph
(4), academic support and career transition services for
individuals awarded fellowships by such institution.
``(3) Reduction.--The institutional allowance paid under
paragraph (1) shall be reduced by the amount the eligible
institution charges and collects from a fellowship recipient
for tuition and other expenses as part of the recipient's
instructional program.
``(4) Use for overhead prohibited.--Funds made available
under this subpart may not be used for general operational
overhead of the academic department or institution receiving
funds under this subpart.
``SEC. 734. FELLOWSHIP RECIPIENTS.
``(a) Authorization.--An eligible institution that receives
a grant under this subpart shall use the grant funds to make
fellowship awards to minorities and women who are enrolled at
such institution in a doctoral degree, or highest possible
degree available, program and--
``(1) intend to pursue a career in instruction at--
``(A) an institution of higher education (as the term is
defined in section 101);
``(B) an institution of higher education (as the term is
defined in section 102(a)(1));
``(C) an institution of higher education outside the United
States (as the term is described in section 102(a)(2)); or
``(D) a proprietary institution of higher education (as the
term is defined in section 102(b)); and
``(2) sign an agreement with the Secretary agreeing to
begin employment at an institution described in paragraph (1)
not later than 5 years after receiving the doctoral degree or
highest possible degree available, and to be employed by such
institution for 1 year for each year of fellowship assistance
received under this subpart.
``(b) Failure To Comply.--If an individual who receives a
fellowship award under this subpart fails to comply with the
agreement signed pursuant to subsection (a)(2), then the
Secretary shall do 1 or both of the following:
``(1) Require the individual to repay all or the applicable
portion of the total fellowship amount awarded to the
individual by converting the balance due to a loan at the
interest rate applicable to loans made under part B of title
IV.
``(2) Impose a fine or penalty in an amount to be
determined by the Secretary.
``(c) Waiver and Modification.--
``(1) Regulations.--The Secretary shall promulgate
regulations setting forth criteria to be considered in
granting a waiver for the service requirement under
subsection (a)(2).
``(2) Content.--The criteria under paragraph (1) shall
include whether compliance with the service requirement by
the fellowship recipient would be--
``(A) inequitable and represent a substantial hardship; or
``(B) deemed impossible because the individual is
permanently and totally disabled at the time of the waiver
request.
``(d) Amount of Fellowship Awards.--Fellowship awards under
this subpart shall consist of a stipend in an amount equal to
the level of support provided to the National Science
Foundation graduate fellows, except that such stipend shall
be adjusted as necessary so as not to exceed the fellow's
tuition and fees or demonstrated need (as determined by the
institution of higher education where the graduate student is
enrolled), whichever is greater.
``(e) Academic Progress Required.--An individual student
shall not be eligible to receive a fellowship award--
``(1) except during periods in which such student is
enrolled, and such student is maintaining satisfactory
academic progress in, and devoting essentially full time to,
study or research in the pursuit of the degree for which the
fellowship support was awarded; and
``(2) if the student is engaged in gainful employment,
other than part-time employment in teaching, research, or
similar activity determined by the eligible institution to be
consistent with and supportive of the student's progress
toward the appropriate degree.
``SEC. 735. RULE OF CONSTRUCTION.
``Nothing in this subpart shall be construed to require an
eligible institution that receives a grant under this
subpart--
``(1) to grant a preference or to differentially treat any
applicant for a faculty position as a result of the
institution's participation in the program under this
subpart; or
``(2) to hire a Patsy T. Mink Fellow who completes this
program and seeks employment at such institution.
``SEC. 736. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to carry out this
subpart $25,000,000 for fiscal year 2006 and such sums as may
be necessary for each of the 5 succeeding fiscal years.''.
SEC. 6. COST OF ATTENDANCE FOR STUDENTS WITH 1 OR MORE
DEPENDENTS.
Section 472 of the Higher Education Act of 1965 (20 U.S.C.
1087ll) is amended by striking paragraph (8) and inserting
the following:
``(8) for a student with 1 or more dependents--
``(A) an allowance based on the estimated actual expenses
incurred for such dependent care, based on the number and age
of such dependents, except that--
``(i) such allowance shall not exceed the reasonable cost
in the community in which such student resides for the kind
of care provided; and
``(ii) the period for which dependent care is required
includes class-time, study-time, field work, internships, and
commuting time; and
``(B) if the student is a graduate student, an allowance
based on the estimated actual living expenses incurred for
such dependents, based on the number and age of such
dependents, including--
``(i) room and board for such dependents; and
``(ii) health insurance for such dependents;''.
SEC. 7. UNSUBSIDIZED STAFFORD LOAN LIMITS FOR GRADUATE AND
PROFESSIONAL STUDENTS.
Section 428H(d)(2)(C) of the Higher Education Act of 1965
(20 U.S.C. 1078-8(d)(2)(C)) is amended by striking
``$10,000'' and inserting ``$12,000''.
SEC. 8. ALLOWANCE OF ROOM, BOARD, AND SPECIAL NEEDS SERVICES
IN THE CASE OF SCHOLARSHIPS AND TUITION
REDUCTION PROGRAMS WITH RESPECT TO HIGHER
EDUCATION.
(a) In General.--Paragraph (1) of section 117(b) of the
Internal Revenue Code of 1986 (defining qualified
scholarship) is amended by inserting before the period at the
end the following: ``or, in the case of enrollment or
attendance at an eligible educational institution, for
qualified higher education expenses''.
(b) Definitions.--Subsection (b) of section 117 of such
Code is amended by adding at the end the following new
paragraph:
``(3) Qualified higher education expenses; eligible
educational institution.--The terms `qualified higher
education expenses' and `eligible educational institution'
have the meanings given such terms in section 529(e).''.
(c) Tuition Reduction Programs.--Paragraph (5) of section
117(d) of such Code (relating to special rules for teaching
and research assistants) is amended by striking ``shall be
applied as if it did not contain the phrase `(below the
graduate level)'.'' and inserting ``shall be applied--
``(A) as if it did not contain the phrase `(below the
graduate level)', and
``(B) by substituting `qualified higher education expenses'
for `tuition' the second place it appears.''.
(d) Effective Date.--The amendments made by this section
shall apply to expenses paid after December 31, 2004 (in
taxable years ending after such date), for education
furnished in academic periods beginning after such date.
SEC. 9. PROGRAM FUNDING THROUGH TAX-EXEMPT SECURITIES.
(a) Special Allowances.--
(1) Technical correction.--Section 2 of the Taxpayer-
Teacher Protection Act of 2004 (Public Law 108-409; 118 Stat.
2299) is amended in the matter preceding paragraph (1) by
inserting ``of the Higher Education Act of 1965'' after
``Section 438(b)(2)(B)''.
(2) In general.--Section 438(b)(2)(B) of the Higher
Education Act of 1965 (20 U.S.C. 1087-1(b)(2)(B)) (as amended
by section 2 of the Taxpayer-Teacher Protection Act of 2004)
is amended--
(A) in clause (iv), by striking ``1993, or refunded after
September 30, 2004, and before January 1, 2006, the'' and
inserting ``1993, or refunded on or after the date of
enactment of the Taxpayer-Teacher Protection Act of 2004,
the''; and
(B) by striking clause (v) and inserting the following:
``(v) Notwithstanding clauses (i) and (ii), the quarterly
rate of the special allowance shall be the rate determined
under subparagraph (A), (E), (F), (G), (H), or (I) of this
paragraph, or paragraph (4), as the case may be, for loans--
``(I) originated, transferred, or purchased on or after the
date of enactment of the Taxpayer-Teacher Protection Act of
2004;
``(II) financed by an obligation that has matured, been
retired, or defeased on or after the date of enactment of the
Taxpayer-Teacher Protection Act of 2004;
``(III) which the special allowance was determined under
such subparagraphs or paragraph, as the case may be, on or
after the date of enactment of the Taxpayer-Teacher
Protection Act of 2004;
``(IV) for which the maturity date of the obligation from
which funds were obtained for such loans was extended on or
after the date of enactment of the Taxpayer-Teacher
Protection Act of 2004; or
[[Page S6238]]
``(V) sold or transferred to any other holder on or after
the date of enactment of the Taxpayer-Teacher Protection Act
of 2004.''.
(3) Rule of construction.--Nothing in the amendment made by
paragraph (2) shall be construed to abrogate a contractual
agreement between the Federal Government and a student loan
provider.
(b) Available Funds From Reduced Expenditures.--Any funds
available to the Secretary of Education as a result of
reduced expenditures under section 438 of the Higher
Education Act of 1965 (20 U.S.C. 1087-1) secured by the
enactment of subsection (a) shall be used by the Secretary to
carry out the programs and activities authorized under this
Act.
______
By Mr. INHOFE:
S. 1205. A bill to require a study of the effects on disadvantaged
individuals of actions by utilities intended to reduce carbon dioxide
emissions, and for other purposes; to the Committee on Energy and
Natural Resources.
Mr. INHOFE. Mr. President, today I am introducing the Ratepayers
Protection Act of 2005. This bill will ensure that the poor and elderly
and other groups who are disproportionately harmed by rising energy
prices are not forced to pick up the tab for utilities that incur costs
to control carbon dioxide.
The science underlying the climate change theory does not justify the
enormous expenditures mandatory climate bills would impose. Moreover,
implementing these climate bills would have virtually no effect on
reducing temperatures even if climate alarmists are correct. Yet those
in our society least able to bear the costs of these mandatory schemes
will be hit the hardest. With my bill, disadvantaged individuals will
not be saddled with these costs.
I understand that this bill will be referred to the Energy Committee.
I do not plan to move this bill as stand-alone bill, however, but
instead to offer it as an amendment to any mandatory climate bill that
sets caps on greenhouse gases.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 1205
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 ``Ratepayers Protection Act of
2005''.
SEC. 2. STUDY.
(a) Definitions.--In this section:
(1) Disadvantaged individual.--The term ``disadvantaged
individual'' means--
(A) an individual with a disability, as defined in section
3 of the Americans with Disabilities Act of 1990 (42 U.S.C.
12102);
(B) a member of a family whose income does not exceed the
poverty line, as defined in section 673 of the Community
Services Block Grant Act (42 U.S.C. 9902);
(C) an individual who belongs to a minority group;
(D) a senior citizen; and
(E) other disadvantaged individuals.
(2) Utility.--The term ``utility'' means any organization
that--
(A) provides retail customers with electricity services;
and
(B) is regulated, either by price or terms of service, by 1
or more State utility or public service commissions.
(b) Study.--Not later than 30 days after the date of
enactment of this Act, the Congressional Budget Office, in
consultation with other appropriate organizations, shall
initiate a study to determine the effect on disadvantaged
individuals of actions taken or considered, or likely to be
taken or considered, by utilities to reduce the carbon
dioxide emissions of the utilities.
(c) Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Congressional Budget Office shall
submit to Congress a report that specifically describes the
results of the study, including the economic costs to
disadvantaged individuals of actions by utilities intended to
reduce carbon dioxide emissions.
(2) Review period.--Congress shall have 180 days after the
date of receipt by Congress of the report described in
paragraph (1) to review the report.
(3) Effective date.--If the Congressional Budget Office
determines that there would be an additional economic burden
on any of the classes of disadvantaged individuals if the
costs of actions by utilities intended to reduce carbon
dioxide emissions were recovered from ratepayers, the
amendment made by section 3 shall take effect on the day
after the end of the review period described in paragraph
(2).
SEC. 3. UTILITY ACTIONS TO REDUCE CARBON DIOXIDE EMISSIONS.
The National Climate Program Act (15 U.S.C. 2901 et seq.)
is amended by adding at the end the following:
``SEC. 9. UTILITY ACTIONS TO REDUCE CARBON DIOXIDE EMISSIONS.
``(a) Definition of Utility.--In this section, the term
`utility' means any organization that--
``(1) provides retail customers with electricity services;
and
``(2) is regulated, either by price or terms of service, by
1 or more State utility or public service commissions.
``(b) Ratepayer Protections.--
``(1) In general.--No utility may recover from ratepayers
any costs, expenses, fees, or other outlays incurred for the
stated purpose by the utility to reduce carbon dioxide
emissions.
``(2) Prohibition on certain commission actions.--No State
utility commission, public service commission, or similar
entity may compel ratepayers to pay the costs, expenses,
fees, or other outlays incurred for the stated purpose by a
utility to reduce carbon dioxide emissions.
``(c) Shareholder Obligations Unaffected.--Nothing in this
section prevents the shareholders of, or other parties
associated with (other than ratepayers), a utility from
paying for any action by the utility to reduce carbon dioxide
emissions.''.
____________________