[Congressional Record Volume 151, Number 130 (Friday, October 7, 2005)]
[Senate]
[Pages S11314-S11326]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. BURR (for himself, Mr. Allen, Mr. DeMint, and Mr. Talent):
S. 1859. A bill to amend the Clean Air Act to provide for a Federal
Fuels List, and for other purposes; to the Committee on Environment and
Public Works.
Mr. BURR. Mr. President, I ask unanimous consent that the text of the
bill be printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 1859
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 ``Affordable and Reliable Gas
Act of 2005''.
SEC. 2. LIST OF FUELS.
(a) List of Fuels.--Section 211(c)(4)(C) of the Clean Air
Act (42 U.S.C. 7545(c)(4)(C)) (as amended by the Energy
Policy Act of 2005 (Public Law 109-58; 119 Stat. 1106)) is
amended by striking the second clause (v) and inserting the
following:
``(vi)(I) The Administrator shall have no authority, when
considering a State implementation plan or a State
implementation plan revision, to approve under this paragraph
any fuel included in such plan or revision if the effect of
such approval would be to increase the total number of fuels
approved under this paragraph as of September 1, 2004 in all
State implementation plans.
``(II) The Administrator, in consultation with the
Secretary of Energy, shall determine the total number of
fuels approved under this paragraph as of September 1, 2004,
in all State implementation plans and shall publish a list of
such fuels, including the states and Petroleum Administration
for Defense District in which they are used, in the Federal
Register no later than 90 days after enactment.
``(III) The Administrator shall remove a fuel from the list
published under subclause (II) if a fuel ceases to be
included in a State implementation plan or if a fuel in a
State implementation plan is identical to a Federal fuel
formulation implemented by the Administrator and shall reduce
the total number of fuels authorized under the list published
under subclause (II) appropriately.
``(IV) Subclause (I) shall not limit the Administrator's
authority to approve a control or prohibition respecting any
new fuel under this paragraph in a State's implementation
plan or a revision to that State's implementation plan after
the date of enactment of this Act if such new fuel completely
replaces a fuel on the list published under subclause (II).
``(V) The Administrator shall have no authority under this
paragraph, when considering any particular State's
implementation
[[Page S11315]]
plan or a revision to that State's implementation plan, to
approve any fuel unless that fuel was, as of the date of such
consideration, approved in at least one State implementation
plan in the applicable Petroleum Administrator for Defense
District. However, the Administrator may approve as part of a
State implementation plan or State implementation plan
revision a fuel with a summertime Reid Vapor Pressure of 7.0
psi. In no event shall such approval by the Administrator
cause an increase in the total number of fuels on the list
published under subclause (II) as of the date of
consideration.
``(VI) Nothing in this clause shall be construed to have
any effect regarding any available authority of States to
require the use of any fuel additive registered in accordance
with subsection (b), including any fuel additive registered
in accordance with subsection (b) after the enactment of this
subclause.
``(vii)(I) The provisions of clause (vi), including the
limitations of the authority of the Administrator and the cap
on the total number of fuels permitted, shall remain in
effect until the harmonization of fuels under subclause V of
this clause is accomplished. Once such harmonization has been
accomplished, clause (v) shall sunset and the limitations of
the authority of the Administrator under subclause (IV) of
this clause shall apply.
``(II) The Administrator, in coordination with the
Secretary of Energy (hereinafter in this clause referred to
as the `Secretary'), shall identify and publish in the
Federal Register, within 12 months after the enactment of
this subclause and after notice and opportunity for public
comment, a list of 5 gasolines and diesel fuels to be used in
States that have not received a waiver under section 209(b)
of this Act. The list shall be referred to as the `Federal
Fuels List' and shall include one Federal on-road diesel fuel
(which shall grandfather the sulfur phase down in the
Administrator's ultra low sulfur diesel fuel regulations in
effect as of the date of enactment and shall permit the
implementation of one alternative diesel fuel, approved under
this subparagraph before enactment of this subclause for a
State that has not received a section 209(b) waiver, only in
the State in which it was approved prior to enactment), one
conventional gasoline for ozone attainment areas, one
reformulated gasoline (RFG) meeting the requirements of
subsection (k), and 2 additional gasolines with Reid vapor
pressure (RVP) controls for use in ozone attainment areas of
varying degrees of severity. None of the fuels identified
under this subclause shall control fuel sulfur or toxics
levels beyond levels required by regulations of the
Administrator.
``(III) Gasolines and diesel fuels shall be included on the
Federal Fuels List based on the Administrator's analysis of
their ability to reduce ozone emissions to assist States in
attaining established ozone standards under this Act, and on
an analysis by the Secretary that the adoption of the Federal
Fuels List will not result in a reduction in supply or in
producibility, including that caused by a reduction in
domestic refining capacity as a result of the adoption of the
Federal Fuels List. In the event the Secretary concludes that
adoption of the Federal Fuels List will result in a reduction
in supply or in producibility, the Administrator and the
Secretary shall report that conclusion to Congress, and
suspend implementation of this clause. The Administrator and
the Secretary shall conduct the study required under section
1541(c) of the Energy Policy Act of 2005 on the timetable
required in that section to provide Congress with legislative
recommendations for modifications to the proposed Federal
Fuels List only if the Secretary concludes that adoption of
the Federal Fuels List will result in a reduction in supply
or in producibility.
``(IV) Upon publication of the Federal Fuels List, the
Administrator shall have no authority, when considering a
State implementation plan or State implementation plan
revisions, to approve under this subparagraph any fuel
included in such plan or plan revision if the proposed fuel
is not one of the fuels on the Federal Fuels List; or to
approve a State's plan or plan revision to move from one fuel
on the Federal Fuels List to another unless, after
consultation with the Secretary, the Administrator publishes
in the Federal Register, after notice and opportunity for
public comment, a finding that, in the Administrator's
judgment, such plan or plan revision to adopt a different
fuel on the Federal Fuels List will not cause fuel supply or
distribution disruptions in the affected area or contiguous
areas. The Administrator's finding shall include an
assessment of reasonably foreseeable supply or distribution
emergencies that could occur in the affected area or
contiguous area and how adoption of the particular fuel
revisions would effect alternative supply options during
reasonably foreseeable supply or distribution emergencies.
``(V) The Administrator, in consultation with the
Secretary, shall develop a plan to harmonize the currently
approved fuels in State implementation plans with the fuels
included on the Federal Fuels List and shall promulgate
implementing regulations for this plan not later than 18
months after enactment of this subclause. This harmonization
shall be fully implemented by the States by December 31,
2008.''.
(b) Boutique Fuels.--Section 1541 of the Energy Policy Act
of 2005 (Public Law 109-58; 119 Stat. 1106) is amended by
striking subsection (c) and inserting the following:
``(c) Study and Report to Congress on Boutique Fuels.--
``(1) Joint study.--The Administrator of the Environmental
Protection Agency and the Secretary of Energy shall undertake
a study of the effects on air quality, on the number of fuel
blends, on fuel availability, on fuel fungibility, and on
fuel costs of the State plan provisions adopted pursuant to
section 211(c)(4)(C) of the Clean Air Act (42 U.S.C.
7545(c)(4)(C)).
``(2) Focus of study.--The primary focus of the study
required under paragraph (1) shall be to determine how to
develop a Federal fuels system that maximizes motor fuel
fungibility and supply, preserves air quality standards, and
reduces motor fuel price volatility that results from the
proliferation of boutique fuels, and to recommend to Congress
such legislative changes as are necessary to implement such a
system. The study should include the impacts on overall
energy supply, distribution, and use as a result of the
legislative changes recommended. The study should include an
analysis of the impact on ozone emissions and supply of a
mandatory reduction in the number of fuel blends to 5,
including one on-road Federal diesel fuel (which shall
grandfather the sulfur phase down in the Administrator's
ultra low sulfur diesel fuel regulations and shall permit the
implementation of, one alternative diesel fuel, blend
approved under this subparagraph before enactment of this
subclause for a State that has not received a section 209(b)
waiver, only in the State in which it was approved prior to
enactment), one conventional gasoline for ozone attainment
areas, one reformulated gasoline (RFG) meeting the
requirements of subsection (k), and 2 additional gasolines
blends with Reid vapor pressure (RVP) controls for use in
ozone attainment areas of varying degrees of severity.
``(3) Conduct of study.--In carrying out their joint duties
under this section, the Administrator and the Secretary shall
use sound science and objective science practices, shall
consider the best available science, shall use data collected
by accepted means and shall consider and include a
description of the weight of the scientific evidence. The
Administrator and the Secretary shall coordinate the study
required by this section with other studies required by the
act and shall endeavor to avoid duplication of effort with
regard to such studies.
``(4) Responsibility of administrator.--In carrying out the
study required by this section, the Administrator shall
coordinate obtaining comments from affected parties
interested in the air quality impact assessment portion of
the study. The Administrator shall use sound and objective
science practices, shall consider the best available science,
and shall consider and include a description of the weight of
the scientific evidence.
``(5) Responsibility of secretary.--In carrying out the
study required by this section, the Secretary shall
coordinate obtaining comments from affected parties
interested in the fuel availability, number of fuel blends,
fuel fungibility and fuel costs portion of the study.
``(6) Report to congress.--The Administrator and the
Secretary jointly shall submit the results of the study
required by this section in a report to the Congress not
later than 12 months after the date of the enactment of this
Act, together with any recommended regulatory and legislative
changes. Such report shall be submitted to the Committee on
Energy and Commerce of the House of Representatives and the
Committee on Environment and Public Works of the Senate.
``(7) Authorization of appropriations.--There is authorized
to be appropriated jointly to the Administrator and the
Secretary $500,000 for the completion of the study required
under this subsection.''.
______
By Mr. DOMENICI (for himself, Mr. Bingaman, Mr. Frist, and Mr.
Alexander):
S. 1860. A bill to amend the Energy Policy Act of 2005 to improve
energy production and reduce energy demand through improved use of
reclaimed waters, and for other purposes; to the Committee on Energy
and Natural Resources.
Mr. DOMENICI. Mr. President, nearly every form of energy production
requires the use of large quantities of water. Electricity production,
oil and gas production, and certain renewable energy sources are all
dependent on having adequate access to water. Because water
availability, particularly for human consumption, is an increasingly
important international and domestic issue, it is important for us to
ensure that we use our water resources in the most efficient manner in
the production of energy. As the world's population grows and stores of
fresh water are depleted, finding additional sources of fresh water is
vital to meeting our energy needs and ensuring peace and security
domestically and abroad. For this reason, developing cost-effective
technologies that allow us better access to water for human use and
energy production is of great significance.
[[Page S11316]]
Electricity production is entirely dependent on the availability of
water, regardless of fuel source. Much of our fossil fuel energy
production is entirely dependent on having adequate access to water.
Sandia National Laboratories estimates that for every barrel of oil
produced, ten gallons of water are required. For this reason, ensuring
an adequate supply of water, coupled with efficient use of that water
supply in our energy processes, is critical to the United States'
energy portfolio. Similarly, making water available to our citizens is
largely dependent on energy. Transportation, distribution, acquisition
and purification of water require large amounts of energy.
Providing water to meet population growth will become increasingly
important in the coming years. Nearly 1.2 billion people, roughly one
fifth of the world's population, live without reliable access to water.
It is estimated that by 2025, roughly one-third of the world will have
inadequate access to water. By 2030 there will be an additional 3
billion people. By 2025, it is estimated that the population of the
Arab world will reach 600 million, twice the population of 2000. At the
World Economic Forum this summer, experts testified that most of the
countries in the Arab world had exhausted their water resources and
that the only way to provide water is the expensive prospect of
desalination. At the forum, former Jordanian water minister told those
in attendance ``We are not secure about water supplies. Supplies are
simply not enough . . . This is a scary issue.'' He went on to estimate
that the water deficit in the Arab world will grow by more than 600
percent by 2025.
The need for renewed Federal investment to develop technologies that
will ensure efficient use of scarce water resources in energy
production is critically important for domestic growth and prosperity.
A study by the Governmental Accountability Office stated that ``water
managers in thirty-six States anticipate shortages in localities,
regions, or state-wide in the next 10 years.'' In the West, the
competing demands of population growth, drought, energy resources
development, agricultural needs, environmental needs, and tribal
interests have resulted in a paucity of available water. Unbridled
population growth in the western U.S. has stretched water resources
even thinner. The U.S. Census Bureau recently estimated that by 2030
Nevada will have more than four million residents, twice as many as in
2000. In a region already critically short of water and subject to the
unpredictable nature of an already over-allocated Colorado River, even
a mild drought could stymie growth and economic development. For this
reason, we need to investigate new technologies that allow us to access
additional water, and just as importantly, to use water in the most
efficient ways, particularly in the production of all forms of energy.
While stories are legion about the deleterious effects of the
prolonged drought in the West, including my home State of New Mexico,
the availability of water is an increasingly critical issue in the
eastern United States. Usable supplies of water in the east coast have
been stretched thin. Despite receiving substantially more rainfall than
the western U.S., much of the east coast is facing water shortages. For
example, Boston, Atlanta and much of Florida are nearing the end of
readily available water. Just as with our current oil and natural gas
energy crisis, the answer for our looming water crisis is not just to
produce more, but to foster new technologies that will both aid in more
production, and just as significantly, reduce the amount of water
required for energy production and other needs.
I rise today to introduce the Energy-Water Efficiency Technology
Research, Development, and Transfer Program Act of 2005. The emphasis
of this program is to address the inextricable relationship between
energy and water. Large amounts of water are required for electric
generation and oil and gas production. Additionally, large amounts of
energy are required for reclaiming and transporting water. Water
shortages impair our ability to meet our energy needs and conversely,
energy shortages impair our ability to provide adequate supplies of
water. The bill would establish an ambitious program within the
National Laboratories to develop, transfer and demonstrate in real
world applications energy and water efficiency technologies to meet the
increased demand for water internationally and domestically. The bill
establishes a merit-based competitive grant program for research
grants, provides that a set percentage of funding received by the
program be used to demonstrate promising technologies, and provides for
research undertaken by our National Laboratories. Our National
Laboratories have shown an ability to push the state of the art
forward, furthering technologies such as highspeed computing, nano-
technology, and advanced engineering and science. Federal investment in
these areas has resulted in thousands of new technologies that benefit
humanity. We now have the opportunity to direct a portion of this
immense capability to solve our water and related energy issues. I have
no doubt that this legislation would help to push the state of the art
forward to ensure that the world has access to this life sustaining
resource for years to come.
For the reasons I have articulated, renewed Federal investment in
this area is of critical importance both domestically and abroad. I
thank Senator Bingaman, ranking member of the Energy and Natural
Resources Committee, Majority Leader Frist and Senator Alexander for
being original co-sponsors of this legislation.
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. 1860
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 ``Energy-Water Efficiency
Technology Research, Development, and Transfer Program Act of
2005''.
SEC. 2. ENERGY-WATER EFFICIENCY AND SUPPLY TECHNOLOGY
RESEARCH, DEVELOPMENT, AND TRANSFER PROGRAM.
The Energy Policy Act of 2005 (Public Law 109-58; 119 Stat.
594) is amended by inserting after section 111 the following:
``SEC. 112. ENERGY-WATER EFFICIENCY AND SUPPLY TECHNOLOGY
RESEARCH, DEVELOPMENT, AND TRANSFER PROGRAM.
``(a) Definitions.--In this section:
``(1) Advisory panel.--The term `Advisory Panel' means the
Energy-Water Efficiency and Supply Technology Advisory Panel
established under subsection (f).
``(2) Energy-water efficiency and supply technology.--The
term `energy-water efficiency and supply technology' means--
``(A) technologies for--
``(i) reducing the amount of energy required to provide
adequate water supplies;
``(ii) reducing water consumption in the production or
generation of energy;
``(iii) the reclamation of previously unusable water;
``(iv) water reuse;
``(v) agricultural, industrial, and municipal efficiency
and conservation; and
``(vi) water monitoring and systems analysis; and
``(B) any other technologies identified by the Secretary as
necessary to carry out the program.
``(3) Lead laboratory.--The term `lead laboratory' means
each of the program lead laboratories designated under
subsection (d)(1).
``(4) Program.--The term `program' means the energy-water
efficiency and supply technology research, development, and
transfer program established under subsection (b).
``(b) Establishment.--In accordance with this section, the
Secretary shall establish a National Laboratories energy-
water efficiency and supply technology research, development,
and transfer program that provides for the conduct of
research on, and the development, demonstration, transfer,
and commercialization of, economically viable and cost-
effective energy-water efficiency and supply technologies
to--
``(1) promote the sustainable use of water for energy
production activities, including--
``(A) developing less water-intensive electric generation
sources; and
``(B) developing and implementing systems analyses to
balance energy and water demands;
``(2) facilitate the widespread commercialization of newly
developed energy-water efficiency and supply technologies for
use in real-world applications, including the conduct of an
assessment of economic factors relating to the introduction
and adoption of energy-water efficiency and supply
technologies in practical applications;
``(3) facilitate collaboration among Federal agencies to
provide for the integration of research on, and disclosure of
information relating to, energy-water efficiency and supply
technologies;
``(4) reclaim and improve access to previously unusable and
nontraditional water resources; and
``(5) increase the amount of water available for human use.
[[Page S11317]]
``(c) Other Agreements.--The Secretary may enter into any
grant, contract, cooperative agreement, interagency
agreement, or other transaction, as the Secretary determines
to be necessary to carry out this section.
``(d) Program Lead Laboratories.--
``(1) In general.--The program shall be carried out by
Sandia National Laboratory, New Mexico, Oak Ridge National
Laboratory, Tennessee, and Lawrence Livermore National
Laboratory, California.
``(2) Selection of university partners.--Each of the lead
laboratories, in consultation with the Advisory Panel, shall
select at least 1 university partner to assist in carrying
out the program.
``(e) Water Supply Technology Assessment.--
``(1) Assessment duties.--In consultation with the
Secretary of Agriculture, the Administrator of the
Environmental Protection Agency, the Secretary of Defense,
the Administrator of the National Aeronautics and Space
Administration, the Director of the National Science
Foundation, the Secretary of the Interior, and other
appropriate Federal agencies, the Secretary, acting through
the lead laboratories, shall--
``(A) assess energy-water efficiency and supply technology
research being performed;
``(B) assess the annual amount of Federal funding levels
and authorizations for energy-water efficiency and supply
technology research;
``(C) assess the scope of the energy-water efficiency and
supply technology research performed by other agencies;
``(D) assess whether and to what extent Federal energy-
water efficiency and supply technology research is
duplicative;
``(E) identify energy-water efficiency and supply
technology research and development priorities; and
``(F) develop a technology roadmap to identify critical
energy-water efficiency and supply technology research,
development, demonstration and commercialization activities
to guide program activities.
``(2) Report.--Not later than 2 years after the date of
enactment of this section, the Secretary, acting through the
lead laboratories, shall submit to the Committee on Energy
and Natural Resources of the Senate, the Committee on
Resources of the House of Representatives, and the Committee
on Energy and Commerce of the House of Representatives a
detailed report on the assessment conducted under paragraph
(1).
``(f) Advisory Panel.--
``(1) In general.--The Secretary shall establish an
advisory panel, to be known as the `Energy-Water Efficiency
and Supply Technology Advisory Panel', to advise the
Secretary on the activities carried out under this section.
``(2) Membership.--Members of the Advisory Panel shall--
``(A) have expertise in--
``(i) energy-water efficiency and supply technology; or
``(ii) legal or regulatory issues associated with adopting
energy-water efficiency and supply technologies in real-world
applications; and
``(B) be representative of institutions of higher
education, industry, State and local governments,
international energy-water efficiency and supply technology
institutions, Federal agencies, and nongovernmental
organizations.
``(3) Duties.--The Advisory Panel shall--
``(A) periodically assess the performance of energy-water
efficiency and supply technology research being carried out
under this section;
``(B) advise the Secretary on research priorities to be
carried out under this section;
``(C) make recommendations to the Secretary for awarding
research grants and demonstration project grants; and
``(D) identify legal, policy, or regulatory barriers to
implementing energy-water efficiency and supply technologies
in real-world applications.
``(g) Program Grants.--
``(1) In general.--The Secretary shall provide competitive
grants to entities with expertise in the conduct of energy-
water efficiency and supply technology research, development,
and demonstration projects.
``(2) Requirements.--The grants under paragraph (1) shall
be provided--
``(A) in consultation with the Advisory Panel;
``(B) in coordination with the research, development,
demonstration, and commercialization activities conducted by
the lead laboratories; and
``(C) consistent with the technology roadmap developed
under subsection (e)(1)(F).
``(3) Limitation.--Of amounts made available for grants
under subsection (j)(2)(C), not more than 25 percent shall be
provided to National Laboratories and Federal agencies.
``(4) Criteria.--The Secretary shall establish criteria for
the submission and review of grant applications and the
provision of grants under paragraph (1).
``(h) Program Review.--
``(1) In general.--The Secretary shall enter into an
arrangement with the National Academy of Sciences to conduct
periodic peer reviews of the program.
``(2) Requirements.--In conducting a review under paragraph
(1), the National Academy of Sciences shall--
``(A) review the technology roadmap, technical milestones,
and plans for technology transfer developed under the
program; and
``(B) assess the progress of the program in achieving the
technical milestones and plans for technology transfer.
``(i) Report to Congress.--Not later than 3 years after the
date of enactment of this section and each year thereafter,
the Secretary shall submit to the Committee on Energy and
Natural Resources of the Senate, the Committee on Resources
of the House of Representatives, and the Committee on Energy
and Commerce of the House of Representatives a report that
describes the activities carried out under this section,
including the activities carried out under subsection
(f)(3)(D).
``(j) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to the Secretary to carry out this section, including the
completion of the roadmap under subsection (e)(1)(F)--
``(A) $5,000,000 for fiscal year 2006; and
``(B) such sums as are necessary for each fiscal year
thereafter.
``(2) Allocation.--Of amounts made available under
paragraph (1) for fiscal year 2007 and each fiscal year
thereafter--
``(A) at least 30 percent shall be distributed equally
between the lead laboratories for the conduct of activities
under the program;
``(B) at least 10 percent shall be provided to the lead
laboratories to carry out subsection (b)(2);
``(C) at least 40 percent shall be made available for
program grants under subsection (g)(1); and
``(D) not more than 15 percent shall be used to pay the
administrative costs of carrying out the program, including
costs to support the activities of the Advisory Panel.''.
______
By Mr. GREGG (for himself and Mr. Kennedy):
S. 1863. A bill to establish the Gulf Coast Recovery and Disaster
Preparedness Agency, and for other purposes; to the Committee on
Homeland Security and Governmental Affairs.
Mr. GREGG. Mr. President, our Nation's history is not only one of
growing prosperity, opportunity, and the steady progress of a free and
industrious society, but it is also uniquely identified by the
challenges that we have faced and overcome. Sometimes, these challenges
have been natural disasters--earthquakes, floods, and hurricanes that
have devastated entire towns and cities, uprooted communities, and
tragically killed hundreds, if not thousands, of people. Disasters such
as the Galveston Hurricane of 1900, the 1906 San Francisco earthquake,
the Great Flood of 1927, and Hurricane Camille are the first ones that
come to mind, although there are others that we could also add to this
list of superdisasters.
Unfortunately, it now appears that the list of these superdisasters
has gotten longer. In a number of respects, the devastation inflicted
by Hurricane Katrina has so far exceeded any natural disaster that our
country has faced: the official death toll is around 1,000 and could go
higher; approximately 90,000 square miles, nearly the size of the
United Kingdom, has been impacted; a city of nearly half a million was
almost entirely emptied; as many as 1 million jobs have been directly
affected; and recovery and reconstruction costs could go to as high as
$200 billion, if not more. Figures aside, the tragic and widespread
devastation that this storm has wreaked is apparent to anyone who has
watched news footage from the golf coast region. The images are heart
wrenching, and our prayers go out to those who have suffered and have
lost loved ones.
Weeks after Hurricane Katrina hit the gulf coast region, Hurricane
Rita brought further devastation to areas that were either already
impacted or to areas further south and to the west. Although not as
powerful as Katrina, Rita dealt a strong blow to many communities.
Lives were lost, entire neighborhoods were completely destroyed, and
many families were displaced. Again, we extend our prayers and wishes
to those who were directly affected by this storm.
While the combined impact of Hurricanes Katrina and Rita is similar
to other superdisasters, it also unprecedented in a few key aspects. In
particular, the Federal Government is now expected to play, and is
playing, a significant role in the response and recovery efforts. This
is partly due to the significant growth in the Federal Government over
the past 100 years. Back in 1900 when the Galveston Hurricane occurred,
there were only eight executive departments in the entire government--
the Department of Commerce, the Department of Labor, the Department of
Health and Human Services, HUD, the U.S. Coast Guard, the EPA, FEMA,
and, of course, the Department of Homeland Security had yet to be
established. Today, the federal government is much more expansive than
[[Page S11318]]
when previous superdisasters took place, and it now delivers a wide
array of services and benefits that Americans have come to expect.
In response, President Bush and Congress have approved the spending
of billions in Federal funds, unleashing an outpouring of federal aid,
assets, and manpower. Over the past 2 weeks, Congress already has
approved over $61 billion in supplemental appropriations, and it is
contemplating the spending of additional federal funds. Almost every
executive department and Federal agency is taking part, taxpayer funds
are being doled out to contractors and State and local authorities, and
the future of the gulf coast region and millions of its residents is
being shaped daily by this massive effort. While mistakes have been
made at all levels, we now have the opportunity to make sure that
mistakes are not repeated and that we do not come out of this whole
experience wondering where all the money went and whether we did the
best we can to respond to this challenge.
My Senate colleagues and I have been discussing various proposals for
how the federal recovery effort should be managed. I believe that
history can be of help--for instance, we can learn from the Great Flood
of 1927, a natural disaster that killed hundreds in seven states and
flooded around 27,000 square miles. In response, President Coolidge
appointed Secretary of Commerce Herbert Hoover to coordinate relief
across eight different agencies, the Red Cross, and other
organizations. While the relief effort had its flaws, I believe that
Coolidge's appointment of a lead director, who had substantial crisis
management experience and public recognition, was a wise decision. By
centralizing oversight authority over the entire effort under such a
central person, Coolidge's appointment of Hoover helped minimize
friction and discoordination across agencies, ensuring that the relief
response was run efficiently. The appointment also enhanced
accountability since everyone knew who was in charge.
The recovery effort for Hurricanes Katrina and Rita is going to be
much more complicated and multifaceted than the relief response for the
Great Flood of 1927. The breadth of the destruction and the wide array
of Federal departments and agencies involved--combined with the efforts
of State and local authorities, nonprofit organizations, and private
contractors--make the potential for bureaucratic tensions, redundancy,
confusion, and waste even greater. I therefore believe that a
centralized management structure is as necessary now as it was back in
1927. So, before Congress continues pouring billions of taxpayer
dollars and adding additional tasks on top of the recovery effort,
Congress should first make sure that a centralized management structure
is in place. In particular, we need a person with impeccable
credentials endowed with robust planning, operational, and budgetary
authorities to be on the ground in the gulf coast region. We need to
make sure that accountability is clearly assigned, not diffused. We
need to make sure that the right hand knows what the left hand is
doing, so to speak, and that federal funds are effectively being used
to get the gulf coast region back on its feet. And we need this
centralized structure as soon as possible.
As such, I am proposing the Gulf Coast Recovery and Preparedness Act
of 2005, along with Senator Kennedy, which establishes the Gulf Coast
Recovery and Disaster Preparedness Agency, a new agency that will be
headed by a director who will oversee the entire recovery effort. The
Director will be the person responsible for budgeting, overseeing, and
executing the entire recovery effort to the extent that Federal
resources are used. The director will also regularly report to Congress
on how this effort is being conducted and will have deputies and
support staff to keep track of how funds are being spent and to
investigate any fraud, waste or abuse. Lastly, I recognize that we do
not want the legacy of Katrina and Rita to be another layer of
bureaucracy, so the legislation would make sure that the agency and the
director's position are only temporary, and that it terminates within 6
years.
Within the agency, there will be essentially a planning board--named
the Gulf Coast Revitalization Authority that will consist of Federal,
State, and local officials, as well as representatives from affected
communities. The board, which will be chaired by the director, will be
tasked with creating a comprehensive plan for redeveloping the entire
region impacted by Hurricanes Katrina and Rita. The plan will ensure
that objectives, priorities, and critical infrastructure decisions are
developed in a thoughtful and comprehensive manner before federal
resources and other funds are completely committed. The authority board
will also make sure that there is substantial and meaningful public
participation, which is critical for making potentially difficult
rebuilding and revitalization decisions. The director, who must approve
the plan after it is passed by the authority, will be responsible for
executing it.
Our Nation has been through a lot since Katrina and Rita hit the gulf
coast, and I am continually amazed at the acts of heroism and charity
that are taking place across the gulf coast region. And while the tasks
ahead may be less dramatic and less attention-grabbing, I believe that
it is how we address these challenges--in particular, the rebuilding of
infrastructure, the provision of social services to evacuees scattered
across the country, and the redevelopment of entire communities--that
will truly test our Federal Government in ways that we have not seen in
recent memory. In the end, I am confident that we can succeed and the
gulf coast region will fully recover and thrive. Our Nation's history
has shown how well Americans perform in the face of challenges.
However, we must not simply expect this success nor expect that
throwing around billions of dollars will necessarily achieve it.
Instead, Congress must take action now to ensure that the recovery
effort is managed efficiently and effectively. By setting into place
such a management structure, I believe that we will be able to look
back at these difficult times and be proud of how we handled the
public's trust and the taxpayers' money. This is what the American
people have elected us to do, and I know that it can be done if we make
the right choices right now.
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. 1863
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 ``Gulf Coast Recovery and
Disaster Preparedness Act of 2005''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Agency.--The term ``agency'' has the meaning given
under section 551(1) of title 5, United States Code.
(2) Authority.--The term ``Authority'' means the Gulf Coast
Revitalization Authority.
(3) Director.--The term ``Director'' means the Director of
Gulf Coast Recovery and Disaster Preparedness.
(4) Gulf coast agency.--The term ``Gulf Coast Agency''
means the Gulf Coast Recovery and Disaster Preparedness
Agency.
(5) Gulf coast recovery and disaster preparedness
program.--The term ``Gulf Coast Recovery and Disaster
Preparedness Program'' means all activities described under
section 3(b)(3) (B) and (C).
SEC. 3. ESTABLISHMENT AND FUNCTIONS.
(a) Establishment.--There is established the Gulf Coast
Recovery and Disaster Preparedness Agency. The Gulf Coast
Recovery and Disaster Preparedness Agency is an independent
establishment as defined under section 104 of title 5, United
States Code.
(b) Director.--
(1) Appointment.--
(A) In general.--The Director of Gulf Coast Recovery and
Disaster Preparedness shall be the head of the Gulf Coast
Agency. The Director shall be appointed by the President, by
and with the advice and consent of the Senate.
(B) Executive schedule level i position.--The Director
shall be paid at the rate of pay payable for a position at
level I of the Executive Schedule under section 5312 of title
5, United States Code.
(C) Direct report to president.--The Director shall
directly report to the President.
(2) Qualifications.--The individual appointed as Director
shall be appointed on the basis of--
(A) demonstrated leadership, integrity, and experience; and
(B) demonstrated experience in management of large
organizations.
(3) Functions.--The Director shall--
(A) be responsible for the efficient and effective use of
Federal resources relating to
[[Page S11319]]
the recovery from Hurricane Katrina and Hurricane Rita;
(B) exercise planning, management, and overall control of
all Federal funding, personnel, and assets used by Federal,
State, or local government authorities for the purposes of--
(i) rebuilding or responding to the damage or destruction
of private or public infrastructure caused by Hurricane
Katrina and Hurricane Rita to the United States;
(ii) responding, supporting, or otherwise assisting efforts
to meet the nutritional, health, educational, housing,
transportation, employment, law enforcement, and social
service needs of citizens who have been personally displaced
or otherwise adversely and directly impacted by Hurricane
Katrina and Hurricane Rita;
(iii) studying, planning, and preparing public and private
responses to future natural disasters in the region;
(iv) planning, building, and repairing public
infrastructure to prevent or mitigate the impact of future
natural disasters in the region, including the levee system
surrounding the City of New Orleans, Louisiana;
(v) studying, planning, and implementing environmental
remediation and coastal restoration efforts in the region;
(vi) studying, planning, and implementing economic
redevelopment efforts in areas affected by Hurricane Katrina
and Hurricane Rita;
(vii) ensuring the efficient and effective use of Federal
funds in all activities relating to the recovery from
Hurricane Katrina and Hurricane Rita; and
(viii) any other recovery, rebuilding, or redevelopment
effort relating to the direct impact of Hurricane Katrina and
Hurricane Rita; and
(C) expend and obligate funds appropriated to the Gulf
Coast Agency for purposes described under subparagraph (B),
including specific reconstruction projects.
(4) Budget authorities relating to the gulf coast recovery
and disaster preparedness program.--
(A) Budget.--With respect to budget requests and
appropriations for the Gulf Coast Recovery and Disaster
Preparedness Program, the Director shall--
(i) based on priorities set by the President, provide to
agencies performing activities of the Program, guidance for
developing the Program budget pertaining to such agencies;
(ii) develop and determine an annual consolidated Gulf
Coast Recovery and Disaster Preparedness Program budget; and
(iii) present such consolidated budget, together with any
comments from the heads of agencies, to the President for
approval.
(B) Appropriations.--
(i) In general.--The Director shall be responsible for
managing appropriations for the Gulf Coast Recovery and
Disaster Preparedness Program by directing the allotment or
allocation of such appropriations through the heads of the
agencies performing activities of the Program, with prior
notice (including the provision of appropriate supporting
information) to the head of the agency receiving any such
allocation or allotment.
(ii) Allocations.--Notwithstanding any other provision of
law, pursuant to relevant appropriations Acts for the Gulf
Coast Recovery and Disaster Preparedness Program, the
Director of the Office of Management and Budget shall
exercise the authority of the Director of the Office of
Management and Budget to apportion funds, at the exclusive
direction of the Director of Gulf Coast Recovery and Disaster
Preparedness, for allocation to agencies performing
activities of the Gulf Coast Recovery and Disaster
Preparedness Program. Department comptrollers or appropriate
budget execution officers shall allot, allocate, reprogram,
or transfer funds appropriated for the Gulf Coast Recovery
and Disaster Preparedness Program in an expeditious manner.
(iii) Monitoring implementation.--The Director shall
monitor the implementation and execution of the Gulf Coast
Recovery and Disaster Preparedness Program by the heads of
relevant agencies.
(iv) Apportionment and allotment.--Apportionment and
allotment of funds under this paragraph shall be subject to
chapter 13 and section 1517 of title 31, United States Code,
and the Congressional Budget and Impoundment Control Act of
1974 (2 U.S.C. 621 et seq.).
(c) Officers To Assist the Director.--
(1) In general.--The Office shall have other officers
necessary to assist the Director in carrying out the
functions of the Director, including--
(A) overseeing recovery operations and disaster
preparedness;
(B) expending and obligating Federal funds appropriated to
the Gulf Coast Agency for the Gulf Coast Recovery and
Disaster Preparedness Program, including specific
reconstruction projects;
(C) ensuring that Federal funds are prudently spent and
fully audited; and
(D) investigating waste, fraud, and abuse in the use of
Federal funds for the activities of the Gulf Coast Recovery
and Disaster Preparedness Program.
(2) Deputy directors.--The Director may appoint no more
than 5 Deputy Directors who shall be assigned to geographic
areas of the Gulf Coast region.
(d) Location of the Office of the Director.--The Office of
the Director shall be physically located within the region
comprising the gulf coast areas of the States of Louisiana
and Mississippi. The Director may establish additional office
locations as necessary.
SEC. 4. ADMINISTRATIVE AND PERSONNEL PROVISIONS.
(a) Employees.--The Director may select, appoint, and
employ such officers and employees as may be necessary--
(1) in accordance with the provisions of title 5, United
States Code, including section 3101 of that title; and
(2) without regard to chapter 51 and subchapter III of
chapter 53 of title 5, United States Code, relating to
classification of positions and General Schedule pay rates,
except the pay of any personnel under this paragraph may not
exceed the rate payable for level V of the Executive Schedule
under section 5316 of that title.
(b) Consultants and Contracts.--The Director may--
(1) obtain services as authorized by section 3109 of title
5, United States Code, at daily rates not to exceed the
equivalent rate prescribed for grade GS-15 of the General
Schedule by section 5332 of title 5, United States Code; and
(2) to the extent and in such amounts as may be provided in
advance by appropriations Acts, to enter into contracts and
other arrangements and to make such payments as may be
necessary to carry out the provisions of this Act.
SEC. 5. SUPPORT FOR WORKERS AFFECTED BY HURRICANE KATRINA AND
HURRICANE RITA.
(a) Definitions.--In this section:
(1) Executive agency.--The term ``executive agency'' has
the meaning given such term in section 4 of the Office of
Federal Procurement Policy Act (41 U.S.C. 403).
(2) Workers affected by hurricane katrina and hurricane
rita.--The term ``workers affected by Hurricane Katrina and
Hurricane Rita'' means workers who were residing in the area
directly impacted by Hurricane Katrina and Hurricane Rita as
of the date those hurricanes occurred.
(b) Employment Requirement.--
(1) Contracts.--Except as provided in subsection (c), the
Director or the head of an executive agency may not enter
into a contract to procure disaster recovery services in
connection with Hurricane Katrina and Hurricane Rita
reconstruction efforts unless such contract requires that
workers affected by Hurricane Katrina and Hurricane Rita--
(A) comprise not less than 30 percent of the workforce
employed by the contractor to perform such services; and
(B) comprise not less than 30 percent of the workforce
employed by each subcontractor at each tier in connection
with such contract.
(2) Grants.--Except as provided in subsection (c), the head
of an executive agency may not award a grant of Federal funds
to any recipient, for the purpose of providing disaster
recovery services in connection with Hurricane Katrina and
Hurricane Rita reconstruction efforts unless the terms of the
grant require that such workers affected by Hurricane Katrina
and Hurricane Rita--
(A) comprise not less than 30 percent of the workforce
employed by that recipient to perform such services; and
(B) comprise not less than 30 percent of the workforce
employed by any indirect recipient of such grant funds to
perform such services.
(3) Exception for professional services.--The requirements
under paragraphs (1) and (2) do not apply to the procurement
of professional services.
(c) Exemptions for Exceptional Circumstances.--
(1) Authority.--The Director or the head of an executive
agency may enter into a contract or award a grant that would
otherwise be prohibited under subsection (b) due to the
employment by an employer of a workforce that does not meet
the workforce composition requirement under such subsection
if the employer qualifies for and receives an exemption under
paragraph (2).
(2) Procedures for granting exemptions.--
(A) In general.--Not later than 45 days after the date of
the appointment of the Director, the Director shall establish
procedures for providing exemptions for employers who despite
making reasonable efforts to do so, are unable to comply with
the workforce composition requirement under subsection (b)
due to an emergency, or due to the lack of available and
appropriately qualified workers who have been affected by
Hurricane Katrina and Hurricane Rita.
(B) Exemptions before procedures established.--During the
45-day period referred to under subparagraph (A), the
Director may exempt an employer as the Director determines
necessary.
(d) Reports Required.--
(1) In general.--In the each report submitted under section
6, the Director shall include a report of the hiring of
workers affected by Hurricane Katrina and Hurricane Rita.
(2) Content.--Each report submitted under paragraph (1)
shall include, with respect to the preceding fiscal quarter,
information on--
(A) the total number of workers affected by Hurricane
Katrina and Hurricane Rita hired by contractors,
subcontractors, or employers that provided disaster recovery
services in connection with Hurricane Katrina and Hurricane
Rita reconstruction efforts;
(B) the total number of individuals hired by contractors,
subcontractors, or employers that provided disaster recovery
services in
[[Page S11320]]
connection with Hurricane Katrina and Hurricane Rita
reconstruction efforts; and
(C)(i) whether the Director or head of the executive agency
provided any exemptions under subsection (a)(2);
(ii) the total number of contractors, subcontractors, and
employers provided such exemptions in each State, and the
percentage they represent of all contractors, subcontractors,
and employers providing services; and
(iii) the total number of workers employed under contracts
or grants for which an exemption was granted and the
percentage of such workers who were workers affected by
Hurricane Katrina and Hurricane Rita.
(3) Source of information.--For purposes of preparing a
report required under paragraph (1), the Director or the head
of an executive agency shall require employers providing
disaster recovery services in connection with Hurricane
Katrina and Hurricane Rita reconstruction efforts to provide
to the agency, under penalty of perjury, information relevant
to such reports.
SEC. 6. REPORTS TO CONGRESS.
(a) In General.--Every 3 months, for each calendar quarter,
the Director shall submit a report to Congress on the
progress of the Gulf Coast Recovery and Disaster Preparedness
Program, including--
(1) any findings regarding fraud, waste, and abuse of
Federal funds, personnel, and assets; and
(2) the status of progress toward the rebuilding of the
Gulf Coast region during the 3-month period preceding the
date of submission of the report.
(b) First Report.--The first report under this section
shall be submitted for the first full calendar quarter for
which a Director has been appointed.
SEC. 7. GULF COAST REVITALIZATION AUTHORITY.
(a) Establishment.--There is established, within the Gulf
Coast Agency, the Gulf Coast Revitalization Authority. The
Authority shall have responsibility for the development of a
comprehensive plan for rebuilding and improving the public
infrastructure of the Gulf Coast region affected by Hurricane
Katrina and Hurricane Rita.
(b) Purpose.--The purpose of the Authority is to develop a
plan with substantial local participation to--
(1) rebuild and improve the public infrastructure of the
Gulf Coast region affected by Hurricane Katrina and Hurricane
Rita;
(2) determine how best to use available Federal resources;
and
(3) coordinate State and local government and private
sector initiatives with the Federal effort.
(c) Composition of the Authority.--The Authority shall
consist of 19 members including--
(1) the Director, who shall serve as Chairperson of the
Authority;
(2) the Governor of Louisiana;
(3) the Governor of Mississippi;
(4) the Governor of Alabama;
(5) the Governor of Texas;
(6) the Mayor of New Orleans, Louisiana;
(7) 3 members appointed by the President;
(8) 3 residents of communities within the area affected by
Hurricane Katrina and Hurricane Rita appointed by the
Governor of Louisiana--
(A) of whom 1 shall be a local elected official;
(B) of whom 1 shall be from a nonprofit organization; and
(C) of whom 1 shall be a leader in the private sector;
(9) 3 residents of the communities within the area affected
by Hurricane Katrina and Hurricane Rita appointed by the
Governor of Mississippi--
(A) of whom 1 shall be a local elected official;
(B) of whom 1 shall be from a nonprofit organization; and
(C) of whom 1 shall be a leader in the private sector;
(10) 1 resident of a community within the area affected by
Hurricane Katrina and Hurricane Rita appointed by the
Governor of Alabama;
(11) 1 resident of a community within the area affected by
Hurricane Katrina and Hurricane Rita appointed by the
Governor of Texas; and
(12) 2 residents of New Orleans, Louisiana, appointed by
the Mayor of New Orleans, Louisiana.
(d) Representatives.--
(1) In general.--Each member of the Authority described
under subsection (c) (2) through (6) may designate a
representative to attend any meeting of the Authority in the
absence of that member.
(2) Quorum and voting.--A representative designated under
this subsection--
(A) shall count for purposes of a quorum; and
(B) may vote on any matter of the Authority.
(e) Appointments; Vacancies; Quorum.--
(1) Appointments.--All members of the Authority shall be
appointed within 14 days after the date of enactment of this
Act.
(2) Period of appointment; vacancies.--Members shall be
appointed for the life of the Authority. Any vacancy in the
Authority shall not affect its powers, but shall be filled in
the same manner as the original appointment.
(3) Quorum.--A majority of the members of the Authority
shall constitute a quorum, but a lesser number of members may
hold hearings.
(f) Personnel Matters for Authority Members.--
(1) Compensation of members.--
(A) In general.--Except as provided under subparagraph (B),
each member of the Authority described under subsection
(c)(7) through (12) shall be compensated at a rate equal to
the daily equivalent of the annual rate of basic pay
prescribed for level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for each day
(including travel time) during which such member is engaged
in the performance of the duties of the Authority.
(B) Federal officers and employees.--All members of the
Authority who are officers or employees of the United States
shall serve without compensation in addition to that received
for their services as officers or employees of the United
States.
(2) Travel expenses.--The members of the Authority
described under subsection (c) (7) through (12) shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of
business in the performance of services for the Authority.
(g) Preparation of a Comprehensive Plan.--
(1) Preliminary plan.--Not later than 134 days after the
date of enactment of this Act, the Authority shall approve a
preliminary plan for rebuilding and improving the public
infrastructure of the Gulf Coast region.
(2) Comprehensive plan.--Not later than 194 days after the
date of enactment of this Act, the Authority shall approve a
comprehensive plan for rebuilding and improving the public
infrastructure of the Gulf Coast region.
(3) Extension.--For good cause shown, the Authority by
majority vote may extend the time period for adoption of the
comprehensive plan by not more than 60 days.
(h) Authority of Director Before Plans.--Nothing in this
section shall be construed to limit the authority of the
Director to approve priority projects and initiate programs
which the Director determines are needed before the adoption
of the preliminary and comprehensive plans.
(i) Approval of Plans.--Adoption of the plans shall require
approval of a majority of the members of the Authority and
approval by the Director. After each of the plans has been
adopted, individual projects authorized by the Gulf Coast
Agency shall be consistent with that plan.
(j) Governors Approval.--Nothing in this section shall
affect the authority of a Governor to approve individual
projects within the State of that Governor to the extent that
the approval of the Governor is required by law.
(k) Implementation Modifications.--
(1) In general.--After the adoption of the comprehensive
plan, the Authority--
(A) shall monitor implementation;
(B) develop more detailed advisory proposals consistent
with the comprehensive plan; and
(C) consider and adopt such modifications to the
comprehensive plan as may become necessary and appropriate.
(2) Modifications.--Modifications to the comprehensive plan
shall be adopted in the same manner as the plan.
(l) Considerations.--In developing the plan, the Authority
shall consider--
(1) the impact of public infrastructure on minimizing the
impact of future hurricanes;
(2) the impact of public infrastructure on--
(A) improving the opportunities for economic development in
the region; and
(B) enhancing public services available to residents;
(3) the preservation of the unique historical and cultural
character of communities, maintaining traditional styles of
architecture, neighborhood design, and community facilities
wherever possible; and
(4) procedures to ensure that rebuilding and redevelopment
is carried out in an efficient and cost-effective manner,
including efforts to promote the involvement of the private
sector and nonprofit organizations.
(m) Opportunity for Public Comment.--The Authority shall
conduct public hearings in each of the affected States and
shall endeavor to provide substantial opportunity for public
input, including opportunity for public comment on the
preliminary plan before the comprehensive plan is adopted.
(n) Authority Personnel.--
(1) In general.--To develop the comprehensive plan the
Authority shall select and supervise consultants and
employees as provided under paragraphs (2) and (3) who shall
include planners, architects, engineers, and experts on
information technology, the environment, and economic
development.
(2) Procurement of temporary and intermittent services.--
After consultation with the Authority, the Director shall
procure temporary and intermittent services under section
3109(b) of title 5, United States Code, of the individuals
selected by the Authority under paragraph (1) of this
subsection. The rate of pay for any such individual may not
exceed the daily equivalent of the annual rate of basic pay
prescribed for level V of the Executive Schedule under
section 5316 of title 5, United States Code.
(3) Employees.--After consultation with the Authority, the
Director shall employ individuals selected by the Authority
under paragraph (1).
(4) Assistance.--To the extent practicable, the consultants
and employees under this subsection shall provide local
officials with
[[Page S11321]]
technical assistance and consultation on local efforts.
(o) Detailees.--Any Federal employee may be detailed to the
Authority with reimbursement, and such detail shall be
without interruption or loss of civil service status or
privilege. Federal agencies shall provide detailees to the
Authority at the request of the Authority to the extent
feasible.
(p) Use of Federal Agency Expertise.--The Authority shall
consult with the heads of agencies, and other Federal
officials as necessary in the preparation of the
comprehensive plan, and the heads of those agencies shall
consult with the Authority as requested. Federal agencies
shall provide expertise to the Authority to the extent
feasible.
(q) Areas Addressed by Comprehensive Plan.--The
comprehensive plan shall address the following areas of
redevelopment:
(1) Water Management:
(A) Design improvements and placement of water control
facilities (including drainage channels, pumping facilities,
levees and barriers).
(B) Design improvements and repair of water treatment and
delivery systems and sewage collection and treatment
facilities.
(2) Environmental Restoration:
(A) A long-term coastal restoration plan, including the
restoration of coastal wetlands and barrier islands that are
natural flood control systems to prevent erosion and flood
damages.
(B) Land and water resource conservation.
(3) Transportation:
(A) Priorities and criteria for demolishing and rebuilding
damaged bridges, roads and highways.
(B) Identification of appropriate placement of bridges,
roads, and highways that takes into consideration daily
traffic flow as well as future evacuation requirements and
susceptibility to hurricane damage.
(C) Adequate public transportation facilities connected to
regional transportation networks that takes into
consideration daily transportation needs of residents and
evacuation requirements for residents without personal
vehicles.
(D) Airport reconstruction including runway layouts, and
connections to public transit, roads and highways.
(E) Priorities and criteria for rebuilding freight rail and
freight terminals.
(4) Ports:
(A) Design standards for rebuilding port facilities.
(B) A plan for working with private entities to rebuild
port facilities including berths, storage facilities,
navigation channels, and docks.
(C) Identification of the need for improved security
technologies available for port security screening.
(5) Housing:
(A) Criteria for demolition of damaged housing, restoration
of housing where advisable, and development of newly built
housing.
(B) Design improvement standards for housing that can
minimize damage from a future hurricane.
(C) A plan for working with private entities and nonprofit
organizations to facilitate rebuilding an adequate supply of
housing that is affordable to residents of all incomes
displaced by Hurricane Katrina and Hurricane Rita.
(6) Schools:
(A) Priorities and criteria for rebuilding schools where
advisable and construction of replacement schools where
necessary.
(B) Design improvement standards for schools that need to
be rebuilt that include, where advisable and cost effective,
state of the art information technology infrastructure.
(7) Hospitals and Other Public Health Care Facilities:
(A) Design improvement standards for hospitals that will be
rebuilt that includes state of the art information technology
infrastructure.
(B) Design standards for health care facilities to
withstand and continue operation during a future hurricane.
(8) Utility Infrastructure: A plan for working with private
entities that serve the public to ensure utility coverage of
redeveloped areas with telecommunication services, including
broadband access, and energy and electricity generation and
distribution.
(9) Employment and Training:
(A) A plan for the training of residents of the affected
communities in job skills that will be required in the
region.
(B) Priority for jobs for residents of the affected
communities created by reconstruction programs funded by the
Gulf Coast Agency to the extent practicable.
(10) Other Public Facilities:
(A) A plan for the rebuilding of public buildings and
facilities, and for buildings and facilities of nonprofit
organizations that serve a public function open to all
residents within communities.
(B) A plan for the rebuilding of museums and other
facilities operated by nonprofit organizations that are used
to preserve and promote the historic, cultural, musical and
artistic traditions of the affected areas.
(r) Expediting the Rebuilding Process.--The Authority
shall--
(1) consider whether it is necessary to waive or modify any
Federal, State, or local law relating to the environment,
land use, or the permitting of construction projects in order
to expedite reconstruction within the Gulf Coast region; and
(2) make appropriate recommendations in the comprehensive
plan relating to the waiver or modification of such laws.
(s) Planning Principles.--In developing and implementing
the comprehensive plan, the Authority and the Gulf Coast
Agency shall take into consideration the following planning
principles:
(1) Provide substantial opportunities for area residents to
participate in the planning process.
(2) All public structures should be designed to withstand a
category 5 hurricane.
(3) Preserve the unique historical, cultural, and
architectural character of communities to the maximum extent
possible.
(4) Infrastructure should be developed to minimize the
impact of future hurricanes.
(5) Infrastructure should be developed to improve economic
opportunity for the region and its residents.
(6) Transportation infrastructure should be designed and
built with future evacuation needs in mind.
(7) Establish systems to maintain infrastructure over time
and accommodate growth in the region.
(8) Promote access to housing, transportation, jobs and
schools to residents of all incomes that accommodates
economic and social integration.
(9) Promote energy efficient design.
(10) Promote transit oriented development in metropolitan
areas.
(11) Promote innovations in public-private partnerships.
(12) Promote efficient and cost-effective rebuilding
efforts.
(13) Promote involvement of the private sector and
nonprofit organizations to broaden participation and help
control costs to the Federal Government.
(t) Collaboration With Local Government, Nonprofit
Organizations, and Private Entities.--
(1) In general.--Throughout the process of developing a
comprehensive plan, the Authority and the planning staff of
the Authority shall work with local government officials,
nonprofit organizations and private entities with a stake in
the redevelopment of the region.
(2) Individuals and entities.--Individuals and entities
shall include--
(A) State and local government officials;
(B) community based nonprofit organizations;
(C) chambers of commerce and business community leaders;
(D) school superintendents, parent and teacher
associations;
(E) environmental groups;
(F) real estate and construction industries, both nonprofit
organizations and for-profit entities;
(G) social service providers;
(H) emergency relief and disaster planning nonprofit
organizations;
(I) labor organizations;
(J) utility companies;
(K) hospital administrators and practitioners; and
(L) insurance companies.
(u) Nonapplicability of Certain Provisions.--The Authority
shall not be construed to be an agency for purposes of
chapter 5 of title 5, United States Code, and such chapter
shall not be construed to apply to the Gulf Coast Agency with
respect to the Authority. The Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply to the Authority.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as
necessary to carry out this Act.
SEC. 9. TERMINATION OF OFFICE.
(a) In General.--The Office and position of Director shall
terminate 3 years after the date of enactment of this Act.
(b) Extension of Termination.--
(1) In general.--The President may extend the date of
termination under subsection (a) in accordance with this
subsection.
(2) Conditions of extension.--Any extension of termination
under this subsection--
(A) shall not be effective for any period occurring 6 years
after the date of enactment of this Act;
(B) may not apply retroactively if the Office and the
position of Director have already terminated under this
section;
(C) shall not be effective unless 6 months before the date
on which a termination would occur the President submits a
notice to Congress of a determination to extend the
termination and setting forth the length of the extension;
and
(D) subject to subparagraph (A), may be made only for a 1-
year period, 2-year period, or 3-year period.
Mr. KENNEDY. Mr. President, when I last spoke on the Senate floor
about Hurricane Katrina, I spoke of my visit to the region--to
Louisiana and Mississippi--where I witnessed first hand the devastation
to these communities. Entire blocks were left bare to their foundations
where families once lived. Schools and hospitals were destroyed. Power
lines were draped over fallen trees and there was water everywhere.
Roads were washed out and bridges were destroyed. Much of the great
city of New Orleans was under water. It was beyond what any of us could
have imagined.
Seeing the Gulf Coast in such a state has deeply touched me and my
family
[[Page S11322]]
in deeply personal ways. My wife Vicki and her strong and wonderful
family are from Louisiana. She went to school in Louisiana, attending
Tulane University, and considers New Orleans her second home.
It has now been more than a month since Hurricane Katrina first hit
the Gulf Coast. Hurricane Rita wreaked further havoc on the region. And
although the emergency phase of the response may be over, we now face
the extraordinary challenge of rebuilding this region and restoring
people's lives.
Relief workers and agencies have been working tirelessly to clear
debris, and connect evacuees to services and temporary housing. Just
this week, New Orleans has finally been drained of all water left
standing in the city. Health workers are working to address the public
health challenges and the ongoing health needs of the evacuees. And
States across the country continue to work with evacuees in their area
to help them with housing, jobs and services.
Relief and recovery efforts have revealed that we have our work cut
out for us. Thousands of homes were destroyed and more have water marks
to the ceilings, mold and severe structural damage are everywhere.
Entire schools and hospitals must be rebuilt. Roads and bridges that
were washed out must be replaced. Museums with artifacts of the rich
cultural tradition of the region have been damaged. Much of what has
made these cities and towns vibrant has been destroyed and kept
residents away from their beloved communities.
We need to make these communities whole again. We need to make them
stronger and healthier. We need to build the roads and bridges that
will bring the many evacuees home to quality, permanent homes, and get
their children back to their schools.
We must rebuild the region thoughtfully and swiftly. We owe it to the
residents of the region who want to come home. And we owe it to the
thousands of relief workers, charities, and businesses that have come
together to make the region and its residents safe and secure.
It is up to us in Congress to ensure that the region is equipped to
rebuild. The residents of the Gulf Coast and New Orleans take pride in
their cities and towns and they want to lead the way in reviving their
own communities. But they desperately need our help. That is why today,
Senator Gregg and I are introducing the Gulf Coast Recovery and
Disaster Preparedness Act.
We need a response that is as good and generous as the American
people but our existing disaster relief structures are not equipped for
this monumental task.
The primary focus of our Department of Homeland Security is to
protect the Nation from terrorism, and it is imperative for that work
to go on unimpeded. And FEMA is primarily a rapid response agency whose
first responsibility is to provide relief in the immediate aftermath of
a disaster.
Given the enormity of the number of people displaced by Hurricanes
Katrina and Rita, the rebuilding will be an all-consuming task. And if
it is to take place as rapidly as possible, it requires the creation of
a new Federal entity to be an effective partner in that effort.
Our bill creates a Gulf Coast Recovery and Disaster Preparedness
Agency to aid in the work of rebuilding the region. The enormous
Federal investment that will be needed to revitalize the region would
be channeled through this agency. Estimates of the cost of rebuilding
the region are as high as $200 billion. We need someone who will be
responsible for the coordinated deployment of these dollars.
The agency will be headed by a Director, an eminent, nonpartisan
person with demonstrated leadership in large organizations. It will
take strong leadership that has the attention of the President to
coordinate redevelopment efforts and cut through the redtape to ensure
that Federal funds are deployed swiftly, efficiently and effectively.
Under our bill, the President appoints the Director with the advice
and consent of the Senate. The Director will have overall control of
Federal funding, personnel, and assets used for rebuilding the region.
The Director of the Gulf Coast Recovery and Disaster Preparedness
Agency will work with an Authority, composed primarily of residents
from the affected area, that will develop a comprehensive plan for
rebuilding the region.
Governors, mayors, community leaders, business and non-profit
leaders, citizens and the Federal Government will be able to sit around
the same table to develop a common blueprint for reconstructing their
communities and their lives.
While only the Federal Government possesses the necessary resources
to rebuild the devastated areas, it is essential that State and local
officials who know the area best be full partners. Local residents must
share the decisionmaking authority. Creating this Authority to develop
a comprehensive plan for redevelopment will guarantee that local
concerns are taken seriously.
How to rebuild should not be determined by the biggest, most powerful
contractors. We need to work from a shared vision for the future in
which we all do our part in rebuilding the new Gulf Coast.
The rebuilding process does not merely involve reproducing in place
the structures that existed prior to the hurricane and the flooding,
although that alone would be an enormous task. It involves planning for
the future of the affected communities.
To develop this plan, the Authority will involve the best flood
control engineers, the best community and urban development
specialists, planners, and experts to address rebuilding or restoring
water management facilities, environmental restoration, transportation,
ports, housing, schools, hospitals, utility infrastructure, other
public facilities, and employment and training.
And, while we need to build water control systems and structures that
will be able to withstand giant hurricanes and floods in the future, it
is not just about the bricks and mortar. It is about promoting economic
development and improving the quality of life for the residents of the
region; it is about preserving the unique historical, cultural and
architectural character of communities; and restoring the ecological
resources of the region. It is about promoting access to housing,
transportation, jobs and schools to residents of all incomes.
We have a chance to build the Gulf economy of the future--and in
doing so improve the entire Nation's economic destiny. We have a chance
to build a new economy that works for everyone--with diverse housing
and more job opportunities.
We cannot wait any longer. The people of Louisiana, the people of
Mississippi, Alabama and now Texas, and the many States who have taken
in evacuees, cannot wait any longer. We need to act and appoint an
executive who will lead recovery and redevelopment efforts and really
listen to what the residents of the Gulf Coast, its community leaders,
business leaders and elected officials really need.
All of those who visited the region and those who have seen images of
the devastation on TV recognize that rebuilding the Gulf Coast requires
an unprecedented national effort. It must be a principal focus of our
national government in the months ahead and it must be done in a
genuine collaboration with the people of the affected region.
I want to commend my colleague Senator Gregg who has worked very hard
to ensure that we come up with a sensible way of addressing the
enormous challenge of rebuilding that lies ahead.
We believe that a Gulf Coast Recovery and Disaster Preparedness
Director and a Gulf Coast Revitalization Authority is the best way to
combine the Federal resources and coordination with real local
involvement in the decisionmaking process.
______
By Ms. COLLINS (for herself and Mr. Warner):
S. 1866. A bill to establish an Under Secretary for Policy in the
Department of Homeland Security, and for other purposes; to the
Committee on Homeland Security and Governmental Affairs.
Ms. COLLINS. Mr. President, I rise today, on behalf of myself and
Senators Warner and Coburn, to introduce a bill establishing an Under
Secretary for Policy within the Department of Homeland Security. This
legislation would meet a critical need of the Department: an official
at the highest
[[Page S11323]]
level of the Department to develop coherent strategies and provide
comprehensive policy guidance for responding to the full range of
threats to our homeland.
This past spring, soon after being confirmed as the second Secretary
of Homeland Security, Secretary Chertoff conducted a top-to-bottom
review of the Department. As Secretary Chertoff said at the launch of
this ``Second Stage Review,'' the Congress created the Department of
Homeland Security ``to do more than simply erect a big tent under which
a lot of different organizations would be collected.'' Instead, the
purpose of the Department is to integrate the capabilities and achieve
unity of effort among a wide range of agencies and entities that are
involved in protecting our homeland.
In July, Secretary Chertoff announced the results of the ``Second
Stage Review'' and proposed several organizational changes aimed at
further integrating the Department's many components. Chief among these
proposed changes was the creation of a Senate-confirmed Under Secretary
with responsibility for policy development across the Department.
Thus, in keeping with Secretary Chertoff's proposal, this legislation
would create an Under Secretary for Policy who is appointed by the
President with the advice and consent of the Senate. This Under
Secretary would serve as the Secretary's principal policy advisor and
enable the Department to develop comprehensive policies and
strategies--across all of the Departments' components--to meet homeland
security challenge. The Under Secretary's responsibilities would cover
four key areas: policy development, strategic planning, international
affairs, and private sector outreach. The policy development and
strategic planning functions are new, while the international affairs
and private sector outreach functions are transferred from other parts
of the Department in order to consolidate the full range of policy-
level functions under this Under Secretary.
We need no better reason to take up this bill than the tragic events
of a month ago. Hurricane Katrina was a natural disaster, but the
devastation, suffering, and deprivation left in the wake of this
powerful storm were compounded by the failure of all levels of
government--local, State, and Federal--to prepare and respond in a
unified, integrated way. Moreover, the capabilities needed to have
dealt with Hurricane Katrina are in many instances the same
capabilities that are needed to protect America from terrorism.
The governmental failures highlighted by Hurricane Katrina are
evidence of the need for greater integration and unity of effort within
the Department. At the heart of this integration, the Department needs
a stronger emphasis on policy development and strategic planning to
meet the full range of threats to our homeland. Creating an Under
Secretary for Policy is a critical step for ensuring that our
government has a truly capable Department of Homeland Security.
I ask unanimous consent that the text of the bill establishing an
Under Secretary for Policy within the Department of Homeland Security
be printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 1866
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. UNDER SECRETARY FOR POLICY.
(a) Short Title.--This Act may be cited as the ``Homeland
Security Policy Act of 2005''.
(b) In General.--The Homeland Security Act of 2002 (6
U.S.C. 101 et seq.) is amended--
(1) by redesignating title VI and section 601 as title
XVIII and section 1801, respectively, and transferring that
title to the end of the Homeland Security Act of 2002; and
(2) by inserting after title V, the following:
``TITLE VI--UNDER SECRETARY FOR POLICY
``SEC. 601. UNDER SECRETARY FOR POLICY.
``(a) In General.--There shall be in the Department an
Under Secretary for Policy, who shall be appointed by the
President, by and with the advice and consent of the Senate.
``(b) Responsibilities.--Subject to the direction,
authority, and control of the Secretary, the responsibilities
of the Under Secretary for Policy shall be as follows:
``(1) Policy.--
``(A) To serve as the principal policy advisor to the
Secretary.
``(B) To provide overall direction and supervision for
policy development to programs, offices, and activities of
the Department.
``(C) To establish and direct a formal policymaking process
for the Department.
``(D) To analyze, evaluate, and review completed, ongoing,
and proposed programs, to ensure they are compatible with the
Secretary's priorities, strategic plans, and policies.
``(2) Strategic planning.--
``(A) To conduct long-range, strategic planning for the
Department.
``(B) To prepare national and Department strategies, as
appropriate.
``(C) To conduct net assessments of issues facing the
Department.
``(D) To conduct reviews of the Department to ensure the
implementation of this paragraph.
``(3) International responsibilities.--
``(A) To promote informational and educational exchange
with nations friendly to the United States in order to
promote sharing of best practices and technologies relating
to homeland security, including--
``(i) the exchange of information on research and
development on homeland security technologies;
``(ii) joint training exercises of first responders; and
``(iii) exchanging expertise and information on terrorism
prevention, response, and crisis management.
``(B) To identify areas for homeland security informational
and training exchange where the United States has a
demonstrated weakness and another friendly nation or nations
have a demonstrated expertise.
``(C) To plan and undertake international conferences,
exchange programs (including the exchange of scientists,
engineers, and other experts), and other training activities.
``(D) To manage international activities within the
Department in coordination with other Federal officials with
responsibility for counterterrorism matters.
``(4) Private sector.--
``(A) To create and foster strategic communications with
the private sector to enhance the primary mission of the
Department to protect the American homeland.
``(B) To advise the Secretary on the impact of the
policies, regulations, processes, and actions of the
Department on the private sector.
``(C) To interface with other relevant Federal agencies
with homeland security missions to assess the impact of the
actions of such agencies on the private sector.
``(D) To create and manage private sector advisory councils
composed of representatives of industries and associations
designated by the Secretary--
``(i) to advise the Secretary on private sector products,
applications, and solutions as they relate to homeland
security challenges; and
``(ii) to advise the Secretary on homeland security
policies, regulations, processes, and actions that affect the
participating industries and associations.
``(E) To work with Federal laboratories, federally funded
research and development centers, other federally funded
organizations, academia, and the private sector to develop
innovative approaches to address homeland security challenges
to produce and deploy the best available technologies for
homeland security missions.
``(F) To promote existing public-private partnerships and
develop new public-private partnerships to provide for
collaboration and mutual support to address homeland security
challenges.
``(G) To assist in the development and promotion of private
sector best practices to secure critical infrastructure.
``(H) To coordinate industry efforts, with respect to
functions of the Department, to identify private sector
resources and capabilities that could be effective in
supplementing Federal, State, and local government agency
efforts to prevent or respond to a terrorist attack.
``(I) To coordinate among Department operating entities and
with the Assistant Secretary for Trade Development of the
Department of Commerce on issues related to the travel and
tourism industries.''.
(c) Technical and Conforming Amendments.--The Homeland
Security Act of 2002 (6 U.S.C. 101 et seq.) is amended--
(1) in section 103--
(A) by redesignating paragraphs (6) through (10) as
paragraphs (7) through (11), respectively; and
(B) by inserting after paragraph (5) the following:
``(6) An Under Secretary for Policy.'';
(2) by striking section 879;
(3) by redesignating sections 880 through 890 as sections
879 through 889, respectively; and
(4) in the table of contents--
(A) by redesignating the items relating to title VI and
section 601 as relating to title XVIII and section 1801,
respectively, and transferring the items relating to that
title and section to the end of the table of contents;
(B) by inserting before the item relating to title VII the
following:
``TITLE VI--UNDER SECRETARY FOR POLICY
``Sec. 601. Under Secretary for Policy.'';
(C) by striking the item relating to section 879; and
[[Page S11324]]
(D) by redesignating the items relating to sections 880
through 890 as relating to sections 879 through 889,
respectively.
______
By Mr. FEINGOLD:
S. 1867. A bill to extend to individuals evacuated from their
residences as a result of Hurricane Katrina the right to use the
absentee balloting and registration procedures available to military
and overseas voters under the Uniformed and Overseas Citizens Absentee
Voting Act, and for other purposes; to the Committee on Rules and
Administration.
Mr. FEINGOLD. Mr. President, today I will introduce the Displaced
Citizens Voter Protection Act. This bill is a companion measure to
legislation introduced in the House by my friend Representative Artur
Davis of Alabama. He has been a real advocate for victims of Hurricane
Katrina, and I greatly appreciate his leadership on this issue.
We are continuing to learn more about and to grapple with the myriad
ways that the Hurricane Katrina disaster has affected the lives of
residents of the Gulf Coast. Hundreds of thousands of people fled their
homes, and are temporarily displaced. Most of these people hope to
eventually return to the communities from which they were driven, and
have every intention of rebuilding their lives there. As the
communities in Louisiana, Alabama, and Mississippi begin to rebuild, it
is crucial that those who wish to return are able to take part in the
government decisions that will have an impact on their communities and
their lives. They must be able to elect the Federal leaders who will
shape this recovery process.
The legislation that I will introduce today will make sure that
victims of Hurricane Katrina who are temporarily displaced, and who
intend to return to their home States, continue to be eligible to vote
in their States, and that the government takes steps to inform them of
their rights in this area. It would extend the same voting protections
currently available to members of the military and overseas voters to
those who are displaced temporarily by Katrina. Individuals who are
qualified to vote in their original place of residence, and who intend
to return to that place in the near future, will be able to vote by
absentee ballot for Federal elections held through 2008. Voters who
intend to return to their original place of residence would be able to
use the forms available online that are currently used by members of
the military and other citizens who are overseas to request absentee
ballots from their home State. Voters requesting an absentee ballot
would be required to include an affidavit certifying that they intend
to return to their home State in the near future with their ballot. The
bill also directs motor vehicle authorities and voter registration
agencies to take steps to notify the public that this absentee ballot
option is available for Katrina victims.
This legislation does not mandate where people should vote, nor does
it place additional burdens on State election officials. It simply puts
a mechanism in place to make sure that these voters do not lose their
right to vote in elections simply because they are temporarily
displaced.
The challenges that we face in the wake of Katrina are many, and
unfortunately there is some disagreement in Congress about how best to
help those affected by this tragedy. This is different. This bill is a
straightforward, simple, and direct response that will help keep the
electoral process accessible for victims of Hurricane Katrina. I urge
my colleagues to support this bill.
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. 1867
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 ``Displaced Citizens Voter
Protection Act of 2005''.
SEC. 2. APPLICABILITY OF PROTECTIONS FOR ABSENT MILITARY AND
OVERSEAS VOTERS TO KATRINA EVACUEES.
(a) Right of Katrina Evacuees to Use Absentee Balloting and
Registration Procedures Available to Military and Overseas
Voters.--In the case of any individual who is an eligible
Hurricane Katrina evacuee--
(1) the individual shall be treated in the same manner as
an absent uniformed services voter and overseas voter for
purposes of the Uniformed and Overseas Citizens Absentee
Voting Act (42 U.S.C. 1973ff et seq.), other than section
103(b)(1) (42 U.S.C. 1973ff-2(b)(1)); and
(2) the individual shall be deemed to be an individual who
is entitled to vote by absentee ballot for purposes of the
National Voter Registration Act of 1993 and the Help America
Vote Act of 2002.
(b) Definition.--For purposes of this section, the term
``eligible Hurricane Katrina evacuee'' means an individual--
(1) who certifies to the appropriate State election
official that the individual is absent from the place of
residence where the individual is otherwise qualified to vote
as a result of evacuation from an area affected by Hurricane
Katrina; and
(2) who provides the official with an affidavit stating
that the individual intends to return to such place of
residence after the election or elections involved.
(c) Effective Date.--This section shall apply with respect
to elections for Federal office held in calendar years 2006
through 2008.
SEC. 3. REQUIRING DESIGNATED VOTER REGISTRATION AGENCIES TO
NOTIFY DISPLACED INDIVIDUALS OF AVAILABILITY OF
PROTECTIONS.
Each motor vehicle authority in a State and each voter
registration agency designated in a State under section 7(a)
of the National Voter Registration Act of 1993 (42 U.S.C.
1973gg-5(a)) shall take such steps as may be necessary to
notify individuals to whom services are provided of the
protections provided by section 2 and of the requirements for
obtaining those protections, including the requirement to
submit an affidavit stating that the individual intends to
return to the place of residence where the individual is
otherwise qualified to vote.
______
By Mr. SANTORUM:
S. 1868. A bill to ensure gasoline affordability and security; to the
Committee on Finance.
Mr. SANTORUM. Mr. President, I rise today to introduce the Gasoline
Affordability and Security, GAS, Act. With the average price of
gasoline at $2.86 a gallon in Pennsylvania and the national average
even higher, conditions are ripe for Congress to critically examine why
prices are rising and act to address those factors we can control.
While we have little influence over OPEC, events in oil-exporting
countries or growing demand in other nations, we can take steps to
expand our shrunken refining capacity, diversify our transportation
fuel supply and reduce demand.
Though critical for our Nation's energy security, the benefits of
many Federal policies will take some time to realize. For this reason,
my bill combines consumer protection provisions with proposals
incentivizing innovative technology and conservation.
Consumers are understandably concerned that they are being taken
advantage of at the pump. My bill will protect consumers by
distinguishing retailers engaging in predatory business activities from
those simply responding to market conditions beyond their control.
Under my proposal, the Federal Trade Commission, FTC, is directed to
define ``price gouging'' and set rules that they will have the
authority to enforce. This provision would be effective in times of a
declared energy emergency and would not be limited to a specific
geographic area in which a major disaster occurs. My constituents can
vigorously attest to the fact that the effects of a natural disaster on
gasoline prices are not confined to that region. The damage caused by
Hurricanes Katrina and Rita has affected consumers' pocketbooks
nationwide.
And to better inform consumers, the FTC will be required to make
available a list disclosing the name of any entity penalized under the
Federal price gouging prohibition.
Twenty-eight States currently have price gouging laws on the books.
In an effort to further assist States to tackle this issue, the GAS Act
also directs the FTC to create a task force that will aid any state
requesting assistance with the investigation of potential price gouging
and provide technical assistance in reviewing or establishing state
price gouging laws.
High prices are often not the result of price gouging, and consumers
have a right to know what they're paying for in a gallon of gasoline.
This information is available through the Energy Information
Association, EIA. But because many Americans do not have Internet
access or may not be able to easily extract this data, my bill
encourages the EIA to disseminate, in a
[[Page S11325]]
manner suitable for posting, information regarding the cost components
of a gallon of gasoline to individuals selling gas or diesel fuel.
Retailers may then display this information for their customers.
One important strategy to combat rising fuel prices is to diversify
our fuel supply. This can be accomplished through use of coal, a
resource plentiful in my State of Pennsylvania and in other regions of
the country. Coal-to-liquid fuel technology now enables us to use this
resource in an environmentally friendly way that can greatly benefit
our economy and create hundreds of jobs in Pennsylvania alone. I am
proud to be a longtime supporter of this technology and other clean
coal initiatives. In 2001, I was able to secure language to enable a
Pennsylvania-based coal and energy company to compete for a Clean Coal
Power Initiative, CCPI, grant, and I was pleased to secure a provision
in the Energy bill earlier this year that helped make this project a
reality. My legislation will further encourage the production of this
clean fuel by dedicating funds from the CCPI to at least one additional
project.
Another way all Americans can help reduce fuel prices is to reduce
gasoline consumption. But the reality is that cutting back on gas,
which we need to perform responsibilities as basic as going to work and
getting to the grocery store, is not easy. To help encourage
conservation, I am proposing a tax credit for employees who telecommute
from home and for employers who make that possible. With today's
advanced technology, telework should be a part of the 21st century
workplace. Forty percent of our Nation's jobs are already compatible
with telecommuting. It creates the best of all worlds for both
employers and employees, while reducing gas consumption and emissions.
President Bush recently called on Federal agencies to cut back on
unnecessary travel and look for other ways to conserve fuel. The
legislative branch should make a concerted effort to do the same. We
cannot expect the American people to make sacrifices that we ourselves
are not willing to make. Accordingly, my bill includes language to urge
Congress and legislative branch employees to conserve transportation
fuel by whatever means practicable, and as a part of these efforts,
promote teleworking.
It is my hope that Congress will take a hard look at this country's
fuel supply and will act decisively to make us less reliant on foreign
sources. This Act contains steps we can take now to protect consumers
and conserve fuel, while moving towards our goal of lower prices and
energy independence.
I ask unanimous consent that the text of legislation titled: the
``Gasoline Affordability and Security Act'' be printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 1868
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 ``Gasoline Affordability and
Security Act'' or the ``GAS Act''.
TITLE I--CONSUMER PROTECTION
SEC. 101. PROHIBITION ON GASOLINE PRICE GOUGING.
(a) Unlawful Conduct.--During the 30-day period beginning
on the date on which the President determines the existence
of conditions warranting the drawdown and sale of petroleum
products from the Strategic Petroleum Reserve under
subsection (d) or (h) of section 161 of the Energy Policy and
Conservation Act (42 U.S.C. 6241), it shall be an unfair or
deceptive act or practice in violation of section 5(a)(1) of
the Federal Trade Commission Act (15 U.S.C. 45(a)(1)) for any
person to sell gasoline or diesel fuel at a price which
constitutes price gouging as defined by rule pursuant to
subsection (b).
(b) Enforcement.--A violation of subsection (a) shall be
treated as a violation of a rule defining an unfair or
deceptive act or practice prescribed under section
18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C.
57a(a)(1)(B)) and shall be enforced by the Federal Trade
Commission in accordance with all applicable terms and
provisions of the Federal Trade Commission Act.
(c) Penalties.--Any person who violates subsection (a), or
the rules promulgated pursuant to this section, shall be
subject to a civil penalty in an amount not to exceed $11,000
per day in which a violation occurs.
(d) Rulemaking.--Not later than 90 days after the date of
enactment of this Act, the Federal Trade Commission shall
promulgate rules, in accordance with section 5(n) of the
Federal Trade Commission Act (15 U.S.C. 45(n)), that--
(1) define ``price gouging'' for purposes of this section;
and
(2) carry out this section.
SEC. 102. COMPETITIVE PRICING TASK FORCE.
(a) Establishment.--Not later than 30 days after the date
of enactment of this Act, the Federal Trade Commission shall
establish a Competitive Pricing Task Force (referred to in
this section as the ``Task Force''.
(b) Duties.--The Task Force shall provide each State
attorney general who requests assistance from the Task
Force--
(1) with assistance in the investigation of alleged price
gouging affecting the consumers of the State; and
(2) such additional technical assistance as may be
necessary in studying and drafting State laws to prohibit
price gouging.
(c) Duration.--The Task Force shall carry out the duties
described in subsection (b) during the 2-year period
beginning on the date on which the Task Force is established
under subsection (a).
SEC. 103. CONSUMER INFORMATION.
(a) List.--The Federal Trade Commission shall publish a
list on its Web site containing the names of all persons
penalized under section 101.
(b) Information About Gasoline Prices.--The Energy
Information Administration of the Department of Energy shall
disseminate to all persons selling gasoline or diesel fuel to
retail consumers, in a manner suitable for posting,
information contained in the table on the Administration's
Web site entitled, ``WHAT WE PAY FOR IN A GALLON OF REGULAR
GASOLINE'', to inform such consumers of the factors
contributing to the price of gasoline.
SEC. 104. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this title.
TITLE II--INCREASING SUPPLY
SEC. 201. FUEL DIVERSIFICATION.
Section 402 of the Energy Policy Act of 2005 (42 U.S.C.
15962) is amended--
(1) in subsection (b)(1)(A)--
(A) in clause (iv), by striking ``and'' at the end;
(B) by redesignating clause (v) as clause (vi); and
(C) by inserting after clause (iv) the following:
``(v) a Fischer-Tropsch technology project to produce
ultra-low sulfur liquid transportation fuel; and''; and
(2) by adding at the end the following:
``(j) Energy Policy Priority.--
``(1) Establishment.--Not later than 90 days after the date
on which the Secretary provides funds for a Fischer-Tropsch
technology project to produce ultra-low sulfur liquid
transportation fuel under subsection (b)(1)(A)(v), the
Secretary shall establish as an energy policy priority the
expedited, large-scale commercialization of that technology
to promote the supply of affordable, clean, domestic gasoline
and diesel fuel.
``(2) Subsequent projects.--
``(A) In general.--In accordance with the energy policy
priority established under paragraph (1), the Secretary shall
provide funds for a subsequent Fischer-Tropsch technology
project to produce ultra-low sulfur liquid transportation
fuel as soon as practicable after the date on which the
priority is established.
``(B) Criteria for selection.--In carrying out subparagraph
(A), the Secretary shall select the private sector recipient
that is the most capable of designing and constructing a
Fischer-Tropsch technology project with an output of not less
than 50,000 barrels per day of ultra-low sulfur
transportation fuel, as determined by the Secretary.''.
SEC. 202. FUEL TREATMENT.
Not later than 60 days after the date of enactment of this
Act, the Administrator of the Environmental Protection Agency
shall conduct an expedited review of any fuel additive an
application for verification for which has been filed in
accordance with the voluntary diesel retrofit program.
TITLE III--DECREASING DEMAND
SEC. 301. CREDIT FOR TELEWORKING.
(a) In General.--Subpart B of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 (relating to
foreign tax credit, etc.) is amended by adding at the end the
following new section:
``SEC. 30D. TELEWORKING CREDIT.
``(a) Allowance of Credit.--In the case of an eligible
taxpayer, there shall be allowed as a credit against the tax
imposed by this chapter for the taxable year an amount equal
to the qualified teleworking expenses paid or incurred by the
taxpayer during such year.
``(b) Maximum Credit.--
``(1) Per teleworker limitation.--The credit allowed by
subsection (a) for a taxable year with respect to qualified
teleworking expenses paid or incurred by or on behalf of an
individual teleworker shall not exceed--
``(A) in the case of an eligible taxpayer described in
subsection (c)(1)(A), $1,000, and
``(B) in the case of an eligible taxpayer described in
subsection (c)(1)(B), $2,000.
``(2) Reduction for teleworking less than full year.--In
the case of an individual who is in a teleworking arrangement
for less than a full taxable year, the dollar amount referred
to subparagraph (A) or (B) of paragraph (1) shall be reduced
by an amount which bears the same ratio to such dollar amount
as the number of months in which such individual is not in a
teleworking arrangement bears to 12. For purposes of the
[[Page S11326]]
preceding sentence, an individual shall be treated as being
in a teleworking arrangement for a month if the individual is
subject to such arrangement for any day of such month.
``(c) Definitions.--For purposes of this section--
``(1) Eligible taxpayer.--The term `eligible taxpayer'
means--
``(A) in the case of an individual, an individual who
performs services for an employer under a teleworking
arrangement, and
``(B) in the case of an employer, an employer for whom
employees perform services under a teleworking arrangement.
``(2) Teleworking arrangement.--The term `teleworking
arrangement' means an arrangement under which an employee
teleworks for an employer not less than 75 days per year.
``(3) Qualified teleworking expenses.--The term `qualified
teleworking expenses' means expenses paid or incurred under a
teleworking arrangement for furnishings and electronic
information equipment which are used to enable an individual
to telework.
``(4) Telework.--The term `telework' means to perform work
functions, using electronic information and communication
technologies, thereby reducing or eliminating the physical
commute to and from the traditional work site.
``(d) Limitation Based on Amount of Tax.--
``(1) Liability for tax.--The credit allowable under
subsection (a) for any taxable year shall not exceed the
excess (if any) of--
``(A) the regular tax for the taxable year, reduced by the
sum of the credits allowable under subpart A and the
preceding sections of this subpart, over
``(B) the tentative minimum tax for the taxable year.
``(2) Carryforward of unused credit.--If the amount of the
credit allowable under subsection (a) for any taxable year
exceeds the limitation under paragraph (1) for the taxable
year, the excess shall be carried to the succeeding taxable
year and added to the amount allowable as a credit under
subsection (a) for such succeeding taxable year.
``(e) Special Rules.--
``(1) Basis reduction.--The basis of any property for which
a credit is allowable under subsection (a) shall be reduced
by the amount of such credit (determined without regard to
subsection (d)).
``(2) Recapture.--The Secretary shall, by regulations,
provide for recapturing the benefit of any credit allowable
under subsection (a) with respect to any property which
ceases to be property eligible for such credit.
``(3) Property used outside united states not qualified.--
No credit shall be allowed under subsection (a) with respect
to any property referred to in section 50(b)(1) or with
respect to the portion of the cost of any property taken into
account under section 179.
``(4) Election to not take credit.--No credit shall be
allowed under subsection (a) for any expense if the taxpayer
elects to not have this section apply with respect to such
expense.
``(5) Denial of double benefit.--No deduction or credit
(other than under this section) shall be allowed under this
chapter with respect to any expense which is taken into
account in determining the credit under this section.''.
(b) Conforming Amendments.--
(1) Subsection (a) of section 1016 of the Internal Revenue
Code of 1986 is amended by striking ``and'' at the end of
paragraph (36), by striking the period at the end of
paragraph (37) and inserting ``, and'', and by adding at the
end the following new paragraph:
``(38) to the extent provided in section 30D(e)(1), in the
case of amounts with respect to which a credit has been
allowed under section 30D.''.
(2) Section 55(c)(3) of such Code is amended by inserting
``30D(d),'' after ``30(b)(3),''.
(3) Section 6501(m) of such Code is amended by inserting
``30D(e)(4),'' after ``30C(e)(5),''.
(c) Clerical Amendment.--The table of sections for subpart
B of part IV of subchapter A of chapter 1 of the Internal
Revenue Code of 1986 is amended by adding at the end the
following new item:
``Sec. 30D. Teleworking credit.''.
(d) Effective Date.--The amendments made by this section
shall apply to amounts paid or incurred after the date of the
enactment of this Act, in taxable years ending after such
date.
SEC. 302. EMPLOYER-PROVIDED COMPUTER EQUIPMENT TREATED AS
FRINGE BENEFIT.
(a) In General.--Subsection (a) of section 132 of the
Internal Revenue Code of 1986 is amended by striking ``or''
at the end of paragraph (7), by striking the period at the
end of paragraph (8) and inserting ``, or'', and by adding at
the end the following new paragraph:
``(9) qualified employer-provided computer equipment
fringe.''.
(b) Qualified Employer-Provided Computer Equipment
Fringe.--Section 132 of such Code is amended by redesignating
subsection (o) as subsection (p) and by inserting after
subsection (n) the following new subsection:
``(o) Qualified Employer-Provided Computer Equipment
Fringe.--For purposes of this section--
``(1) In general.--The term `qualified employer-provided
computer equipment fringe' means any computer and related
equipment and services provided to an employee by an employer
if--
``(A) such computer and related equipment and services are
necessary for the employee to perform work for the employer
from the employee's home, and
``(B) the employee makes substantial business use of the
equipment in the performance of work for the employer.
``(2) Substantial use.--For purposes of paragraph (1), the
term `substantial business use' includes standby use for
periods when work from home may be required by the employer
such as during work closures caused by the threat of
terrorism, inclement weather, or natural disasters.''.
(c) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2005.
SEC. 303. SENSE OF CONGRESS.
It is the sense of Congress that Congress and the employees
of the legislative branch of the Federal Government should--
(1) conserve gasoline, aviation, and diesel fuel by
whatever means practicable; and
(2) as a part of such conservation efforts, promote
teleworking.
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