[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.

                          ____________________