[Congressional Record (Bound Edition), Volume 151 (2005), Part 9]
[Senate]
[Pages 11854-11865]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. OBAMA:
  S. 1194. A bill to direct the Nuclear Regulatory Commission to 
establish guidelines and procedures for tracking, controlling, and 
accounting for individual spent fuel rods and segments; to the 
Committee on Environment and Public Works.
  Mr. OBAMA. Mr. President, today I introduce a bill that is long 
overdue and would require American nuclear power plants to follow the 
same procedures that we would like to impose on nuclear power plants in 
other countries.
  Each year, the Nation's nuclear power plants produce over 2,000 
metric tons of spent fuel, which is the used fuel that is periodically 
removed from nuclear reactors. According to the Government 
Accountability Office, GAO, spent nuclear fuel is ``one of the most 
hazardous materials made by humans.'' Within minutes, the intense 
radiation in the fuel can kill a person without protective shielding; 
in smaller doses, the fuel can cause cancer.

[[Page 11855]]

  In the hands of terrorists, such highly radioactive materials, when 
coupled with conventional explosives, could be turned into a dirty bomb 
that could pose a critical threat to public safety.
  In April of this year, GAO issued a report concluding that 
``[n]uclear power plants' performance in controlling and accounting for 
spent nuclear fuel has been uneven.'' In recent years, three U.S. 
nuclear power plants--Millstone, Vermont Yankee, and Humboldt Bay--have 
reported missing spent fuel. The Millstone fuel was never located, the 
Vermont Yankee fuel was located three months later in a different 
location, and the Nuclear Regulatory Commission (NRC) is still 
investigating the missing Humboldt Bay fuel. In all three cases, the 
missing spent fuel had been contained in loose fuel rods or fuel rod 
segments.
  Currently, NRC provides little or no guidance on how nuclear power 
plants should conduct physical inventories of their spent fuel or how 
they must control, store, and account for loose spent fuel rods and 
fragments. NRC also does not conduct routine inspections to monitor 
compliance with regulations relating to spent fuel.
  As a result of its investigation, GAO made a series of 
recommendations for how NRC should improve its regulation and 
oversight. My bill--the Spent Nuclear Fuel Tracking and Accountability 
Act--would implement those recommendations and require NRC to 
establish: 1. specific and uniform guidelines for tracking, 
controlling, and accounting for spent fuel rods or segments; and 2. 
uniform inspection procedures to verify compliance with these 
guidelines. Within six months, NRC would be required to report to 
Congress on its progress in establishing these guidelines.
  Tracking spent nuclear material used in the United States is just as 
important as tracking spent nuclear material in the former Soviet 
Union. This is a common-sense solution to an important problem.
  I urge my colleagues to support this measure.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1194

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Spent Nuclear Fuel Tracking 
     and Accountability Act''.

     SEC. 2. SPENT FUEL RODS.

       (a) Guidelines.--Not later than 260 days after the date of 
     enactment of this Act, the Nuclear Regulatory Commission 
     shall establish--
       (1) specific and uniform guidelines for tracking, 
     controlling, and accounting for individual spent fuel rods or 
     segments at nuclear power plants, including procedures for 
     conducting physical inventories; and
       (2) uniform inspection procedures to verify any action 
     taken by a nuclear power plant to implement those guidelines.
       (b) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Nuclear Regulatory Commission 
     shall submit to Congress a report describing the progress of 
     the Nuclear Regulatory Commission in establishing the 
     guidelines under subsection (a).
                                 ______
                                 
      By Mr. STEVENS (for himself and Mr. Inouye) (by request):
  S. 1195. A bill to provide the necessary authority to the Secretary 
of Commerce for the establishment and implementation of a regulatory 
system for offshore aquaculture in the United States Exclusive Economic 
Zone, and for other purposes; to the Committee on Commerce, Science, 
and Transportation.
  Mr. STEVENS. Mr. President, by request of the Administration, Senator 
Inouye and I introduce today the ``National Offshore Aquaculture Act of 
2005'', a bill to provide the regulatory framework for the development 
of aquaculture in the United States Exclusive Economic Zone (EEZ). 
Concurrently, we have introduced an amendment to this bill to allow 
coastal States to decide whether or not they want offshore aquaculture 
in the EEZ off that State's coastline. We are cosponsoring Senator 
Snowe's amendment to strike the Jones Act waiver for vessels supporting 
offshore aquaculture facilities contained in the Administration's bill. 
I am also a cosponsor of Senator Inouye's amendment to better clarify 
language that environmental protections apply. As we review the 
Administration's measure in detail, there may be additional amendments 
offered to this bill and I look forward to working with my colleagues 
to address any concerns with the legislation.
                                 ______
                                 
      By Mr. CORZINE (for himself and Mr. Lautenberg):
  S. 1196. A bill to provide for disclosure of fire safety standards 
and measures with respect to campus buildings, and for other purposes; 
to the Committee on Health, Education, Labor, and Pensions.
  Mr. CORZINE. Mr. President, I rise today to introduce the ``Campus 
Fire Safety Right-to-Know Act of 2005''. I first introduced this 
legislation in the l07th Congress in response to a tragic fire at New 
Jersey's Seton Hall University that claimed the lives of three students 
and injured more than fifty others. This legislation is designed to 
curb the epidemic of dangerous college campus fires.
  Since the Seton Hall fire, campus fires have continued to take the 
lives of our college students and their families. According to the 
Center for Campus Fire Safety, more than 75 fire-related deaths have 
occurred in student housing at colleges across the country since 
January of 2000. Campus fires have claimed lives in nearly half the 
States of this Nation, from New Jersey to Texas, Indiana to 
Pennsylvania, and Ohio to right here in Washington, DC. This 
legislation will finally bring to light the extent of this tragic 
danger facing our Nation's best and brightest.
  The ``Campus Fire Safety Right-to-Know Act'' requires disclosure of 
fire safety information on campuses as well as a report from the 
Secretary of Education to Congress on the depth of the problem and 
possible solutions. The bill implements the same procedure that 
requires schools to disclose crime statistics and other safety 
information. While the bill does not mandate colleges to upgrade their 
systems, it does offer a powerful incentive for them to do so by 
providing prospective students and their parents the opportunity to 
review and compare the quality and record of fire safety protections at 
all colleges and universities.
  Only 35 percent of university-sponsored student housing that suffer 
fires are equipped with sprinkler systems. Each year, approximately 
1,600 fires break out in dormitories, fraternity and sorority houses, 
and other housing controlled by student groups. Parents and students 
deserve to know what steps their school has taken to prevent and 
prepare for these harmful and often fatal catastrophes.
  The ``Campus Fire Safety Right-to-Know Act'' will put important fire 
safety information in the hands of students and their parents who 
entrust their children to our Nation's colleges and universities. I 
believe this bill will make important strides in the effort to make our 
college campuses safer and I urge my colleagues to support it.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1196

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Campus Fire Safety Right-to-
     Know Act of 2005''.

     SEC. 2. DISCLOSURE OF FIRE SAFETY OF CAMPUS BUILDINGS.

       Section 485 of the Higher Education Act of 1965 (20 U.S.C. 
     1092) is amended--
       (1) in subsection (a)(1)--
       (A) by striking ``and'' at the end of subparagraph (N);
       (B) by striking the period at the end of subparagraph (O) 
     and inserting ``; and''; and
       (C) by adding at the end the following new subparagraph:
       ``(P) the fire safety report prepared by the institution 
     pursuant to subsection (h).''; and
       (2) by adding at the end the following new subsection:
       ``(h) Disclosure of Fire Safety Standards and Measures.--

[[Page 11856]]

       ``(1) Annual fire safety reports required.--Each 
     institution participating in any program under this title 
     shall, beginning in the first academic year that begins after 
     the date of enactment of the Campus Fire Safety Right-to-Know 
     Act of 2005, and each year thereafter, prepare, publish, and 
     distribute, through appropriate publications (including the 
     Internet) or mailings, to all current students and employees, 
     and to any applicant for enrollment or employment upon 
     request, an annual fire safety report. Such reports shall 
     contain at least the following information with respect to 
     the campus fire safety practices and standards of that 
     institution:
       ``(A) A statement that identifies each institution owned or 
     controlled student housing facility, and whether or not such 
     facility is equipped with a fire sprinkler system or other 
     fire safety system, or has fire escape planning or protocols.
       ``(B) Statistics for each such facility concerning the 
     occurrence of fires and false alarms in such facility, during 
     the 2 preceding calendar years for which data are available.
       ``(C) For each such occurrence in each such facility, a 
     summary of the human injuries or deaths, structural or 
     property damage, or combination thereof.
       ``(D) Information regarding rules on portable electrical 
     appliances, smoking and open flames (such as candles), 
     regular mandatory supervised fire drills, and planned and 
     future improvements in fire safety.
       ``(E) Information about fire safety education and training 
     provided to students, faculty, and staff.
       ``(F) Information concerning fire safety at any housing 
     facility owned or controlled by a fraternity, sorority, or 
     student group that is recognized by the institution, 
     including--
       ``(i) information reported to the institution under 
     paragraph (4); and
       ``(ii) a statement concerning whether and how the 
     institution works with recognized student fraternities and 
     sororities, and other recognized student groups owning or 
     controlling housing facilities, to make building and property 
     owned or controlled by such fraternities, sororities, and 
     groups more fire safe.
       ``(2) Fraternities, sororities, and other groups.--Each 
     institution participating in a program under this title shall 
     request each fraternity and sorority that is recognized by 
     the institution, and any other student group that is 
     recognized by the institution and that owns or controls 
     housing facilities, to collect and report to the institution 
     the information described in subparagraphs (A) through (E) of 
     paragraph (1), as applied to the fraternity, sorority, or 
     recognized student group, respectively, for each building and 
     property owned or controlled by the fraternity, sorority, or 
     group, respectively.
       ``(3) Current information to campus community.--Each 
     institution participating in any program under this title 
     shall make, keep, and maintain a log, written in a form that 
     can be easily understood, recording all on-campus fires, 
     including the nature, date, time, and general location of 
     each fire and all false fire alarms. All entries that are 
     required pursuant to this paragraph shall, except where 
     disclosure of such information is prohibited by law, be open 
     to public inspection, and each such institution shall make 
     annual reports to the campus community on such fires and 
     false fire alarms in a manner that will aid the prevention of 
     similar occurrences.
       ``(4) Reports to the secretary.--On an annual basis, each 
     institution participating in any program under this title 
     shall submit to the Secretary a copy of the statistics 
     required to be made available under paragraph (1)(B). The 
     Secretary shall--
       ``(A) review such statistics;
       ``(B) make copies of the statistics submitted to the 
     Secretary available to the public; and
       ``(C) in coordination with nationally recognized fire 
     organizations and representatives of institutions of higher 
     education, identify exemplary fire safety policies, 
     procedures, and practices and disseminate information 
     concerning those policies, procedures, and practices that 
     have proven effective in the reduction of campus fires.
       ``(5) Rule of construction.--Nothing in this subsection 
     shall be construed to authorize the Secretary to require 
     particular policies, procedures, or practices by institutions 
     of higher education with respect to fire safety.
       ``(6) Definitions.--In this subsection, the term `campus' 
     has the meaning provided in subsection (f)(6).''.

     SEC. 3. REPORT TO CONGRESS BY THE SECRETARY OF EDUCATION.

       (a) Definition of Facility.--In this section the term 
     ``facility'' means a student housing facility owned or 
     controlled by an institution of higher education, or a 
     housing facility owned or controlled by a fraternity, 
     sorority, or student group that is recognized by the 
     institution.
       (b) Report.--Within two years after the date of enactment 
     of this Act, the Secretary of Education shall prepare and 
     submit to the Congress a report containing--
       (1) an analysis of the current status of fire safety 
     systems in facilities of institutions participating in 
     programs under title IV of the Higher Education Act of 1965 
     (20 U.S.C. 1070 et seq.), including sprinkler systems;
       (2) an analysis of the appropriate fire safety standards to 
     apply to such facilities, which the Secretary shall prepare 
     after consultation with such fire safety experts, 
     representatives of institutions of higher education, and 
     other Federal agencies as the Secretary, in the Secretary's 
     discretion, considers appropriate;
       (3) an estimate of the cost of bringing all nonconforming 
     such facilities up to current building codes; and
       (4) recommendations from the Secretary concerning the best 
     means of meeting fire safety standards in all such 
     facilities, including recommendations for methods to fund 
     such cost.
                                 ______
                                 
      By Mr. BIDEN (for himself, Mr. Hatch, Mr. Specter, Mr. Leahy, Mr. 
        DeWine, Mr. Kohl, Mr. Grassley, Mr. Kennedy, Mrs. Boxer, Ms. 
        Stabenow, Mr. Schumer, and Mrs. Murray):
  S. 1197. A bill to reauthorize the Violence Against Women Act of 
1994; to the Committee on the Judiciary.
  Mr. BIDEN. Mr. President, I am pleased to announce today the 
introduction of the Biden/Hatch/Specter Violence Against Women Act of 
2005. Many in this chamber are well aware that I consider the Violence 
Against Women Act the single most significant legislation that I've 
crafted during my 32-year tenure in the Senate. This law is my baby, so 
to speak, and I take very seriously my responsibilities to ensure that 
it is adequately funded and renewed. What was once an infant statute 
seeking legitimacy in the public eye and in the halls of government is 
now a feisty ten-year law that has made its presence known from Long 
Beach, CA to Dover, DE. But in September 2005, the Act will expire. 
Congress and the President must act quickly in the next three months to 
renew the backbone of our country's fight to end domestic violence and 
sexual assault, the Violence Against Women Act. We simply cannot let 
the Act lapse or become buried in partisan bickering.
  The enactment of the Violence Against Women Act in 1994 was the 
beginning of a national and historic commitment to women and children 
victimized by domestic violence and sexual assault. Thus far, our 
commitment has yielded extraordinary progress. Since the Act's passage, 
domestic violence has dropped by almost 50 percent. Incidents of rape 
are down by 60 percent. The number of women killed by an abusive 
husband or boyfriend is down by 22 percent. More than half of all rape 
victims are stepping forward to report the crime. Over a million women 
have found justice in our courtrooms and obtained domestic violence 
protective orders.
  The Violence Against Women Act provides critical resources so that 
our communities may implement big and small improvements that can make 
all the difference in the world. For instance, in my home State of 
Delaware, the Act's rural grant program helped the Delaware State 
Police establish fully-equipped, dedicated domestic violence units in 
two counties. The STOP program provided a Hispanic shelter with funding 
to purchase a van to pick up battered women and their children who have 
nowhere else to turn.
  Today, we uphold our commitment to America's families. Despite the 
incredible strides made, far too many women remain afraid to go home or 
afraid to tell anyone about the rape that happened at last night's 
party. We cannot let the Violence Against Women Act become a victim of 
its own success. Instead, we need to usher the Act into the 21st 
century and implement it with the next generation--recent police 
academy graduates who want to be trained on handling family violence, 
newly elected State legislators who want to update State laws on sexual 
assault, and the next generation of children who must be taught that 
abuse will not be tolerated.
  Today's achievement--introduction of a bipartisan, compromise bill 
that both reinvigorates existing programs and creates bold initiatives 
to tackle new issues--has been a year in the making. As I drafted this 
next iteration of the Violence Against Women Act, I listened closely to 
the recommendations of those on the front lines to end the violence--
police, emergency room nurses, victim advocates,

[[Page 11857]]

shelter directors, and prosecutors--and made targeted improvements to 
existing grant programs and tightened up criminal laws. A wide variety 
of groups worked hard with Senator Specter, Senator Hatch and I to 
create this bill, including the National Coalition Against Domestic 
Violence, the National Network to End Domestic Violence, the Family 
Violence Prevention Fund, Legal Momentum, the National Alliance to End 
Sexual Violence, the National Center for Victims for Crime, the 
American Bar Association, the National District Attorneys Association, 
the National Council on Family and Juvenile Court Judges, the National 
Association of Chiefs of Police, the National Sheriffs' Association and 
many others.
  Before previewing the particulars of today's bill, I want to explain 
a few of my principles guiding the drafting of the Violence Against 
Women Act of 2005. First, I remain dedicated to the cornerstone 
programs in the Act such as the STOP grant program, the Rural Grant 
program and the National Domestic Violence Hotline. These are 
enormously successful initiatives that are the scaffolding of the Act. 
These foundations must be strengthened, not neglected.
  Second, ending domestic violence and sexual assault has, and will 
continue to cost money. This is simply not a goal that can be 
accomplished on the cheap. Our success in ending family violence is not 
a signal to reduce funding; rather the opposite is so. We can't afford 
to lose the gains that we have made. We've found a winning combination, 
and Congress should continue to spend its money so effectively.
  Third, today's bill is an ambitious, but reasoned, effort to solve 
the next level of challenges for battered women and their children. 
We've made tremendous strides in treating domestic violence and sexual 
assaults as public crimes with accountable offenders and creating 
coordinated community responses to help victims. Our next task is to 
look beyond the immediate crisis and provide long-term solutions for 
victims, as well as redouble our prevention efforts. Therefore, this 
bill includes important efforts to ease the housing crisis for victims 
fleeing their homes, provide more economic security for victims by 
preserving their employment stability, engage boys and men in 
initiatives to prevent domestic violence from occurring in the first 
place, and enlist the healthcare community in identifying and treating 
victims.
  My final principle is that ending violence against women is truly a 
shared goal--one that is held by Democrats and Republicans, one that is 
upheld by men and women, and one that is desired by both government and 
by the private sector. The continued success of the Violence Against 
Women Act depends upon bipartisanship commitment.
  Today's bill includes the following components. Title I on the 
criminal justice system includes provisions to: 1. Renew and increase 
funding to over $400 million a year for existing fundamental grant 
programs for law enforcement, lawyers, judges and advocates; 2. stiffen 
existing criminal penalties for repeat Federal domestic violence 
offenders; and 3. update the criminal law on stalking to incorporate 
new surveillance technology like Global Positioning Systems (GPS).
  Title II on critical victim services will: 1. Create a new, dedicated 
grant program for sexual assault victims that will strengthen the 1,300 
rape crisis centers across the country; 2. reinvigorate programs to 
help older and disabled victims of domestic violence; 3. strengthen 
existing programs for rural victims and victims in underserved areas; 
and 4. increase funding to $5 million annually for the National 
Domestic Violence Hotline.
  Reports indicate that up to ten million children experience domestic 
violence in their homes each year. Experts agree that domestic violence 
affects children in multiple, complicated and long-lasting ways. Every 
risk, every injury, and every disruption that a battered woman endures 
is one that her children experiences as well. The complex impact of 
domestic violence--fear for one's safety at home, depression, loss of 
income, moving from the family home, school disruptions and grieving 
for a father--are complicated and traumatic for children. Treating 
children who witness domestic violence, dealing effectively with 
violent teenage relationships and teaching prevention strategies to 
children are keys to ending the violence. Title III includes measures 
to: 1. Promote collaboration between domestic violence experts and 
child welfare agencies; and 2. enhance to $15 million a year, grants to 
reduce violence against women on college campuses. Title IV focuses on 
prevention strategies and includes programs supporting home visitations 
and specifically engaging men and boys in efforts to end domestic and 
sexual violence.
  Doctors and nurses, like police officers on the beat, are often the 
first witnesses of the devastating aftermath of abuse. As first 
responders, they must be fully engaged in the effort to end the 
violence and possess the tools they need to faithfully screen, treat, 
and study family violence. Title V strengthens the health care system's 
response to family violence with programs to train and educate health 
care professionals on domestic and sexual violence, foster family 
violence screening for patients, and more studies on the health 
ramifications of family violence.
  In some instances, women face the untenable choice of returning to 
their abuser or becoming homeless. Indeed, 44 percent of the Nation's 
mayors identified domestic violence as a primary cause of homelessness. 
Efforts to ease the housing problems for battered women are contained 
in Title VI, including: 1. Collaborative grant programs between 
domestic violence organizations and housing providers; 2. programs to 
combat family violence in public and assisted housing; and 3. 
enhancements to transitional housing resources.
  Leaving a violent partner often requires battered women to achieve a 
level of economic security. Title VII seeks to help abused women 
maintain secure employment by permitting battered women to take limited 
employment leave to address domestic violence, such as attend court 
proceedings, or move to a shelter. This is an issue long championed by 
the late Senator Wellstone and Senator Murray, and I glad that we are 
able to include this provision in today's bill.
  Despite the historic immigration law changes made in the Violence 
Against Women Act of 2000 that opened new and safe routes to 
immigration status, battered immigrant women often have a very 
difficult time escaping abuse because of immigration laws, language 
barriers, and social isolation. Title VIII's immigration provisions go 
a long way toward wresting immigration control away from the batterer 
and pave the way for the victim to leave a violent home. In addition, 
it would ensure that victims of trafficking are supported with measures 
such as permitting their families to join them in certain 
circumstances, expanding the duration of a T-visa, and providing 
resources to victims who assist in investigations or prosecutions of 
trafficking cases brought by State or Federal authorities.
  In an effort to focus more closely on violence against Indian women, 
Title IX creates a new tribal Deputy Director in the Office on Violence 
Against Women dedicated to coordinating Federal tribal policy. In 
addition, Title IX authorizes tribal governments to access and upload 
domestic violence and protection order data on criminal databases, as 
well as create tribal sex offender registries.
  I am proud to introduce with Senators Hatch and Specter this 
comprehensive bill to reauthorize the Violence Against Women Act. I 
want to thank Senator Hatch, a longstanding champion on this issue, for 
diligently working on this bill with Senator Specter and me. Since 
1990, Senator Hatch and I have worked together to end family violence 
in this country, so it is no great surprise that once again he worked 
side-by-side with us to craft today's bill. I am also deeply indebted 
to Senator Kennedy for his unwavering commitment to battered immigrant 
women and his work on the bill's immigration provisions. I also thank 
Senator Leahy who has long-supported the

[[Page 11858]]

Violence Against Women Act and in particular, has worked on the rural 
programs and transitional housing provisions. Finally, I thank my very 
good friend from Pennsylvania for his commitment and leadership on this 
bill. It is a pleasure to work with Senator Specter. I know that he 
will adeptly and expeditiously move the Violence Against Women Act 
through his Committee.
  In closing, I urge my colleagues to review today's Violence Against 
Women Act of 2005 and add their support. I understand that there are 
other proposals that should be considered before the full Senate 
debates this legislation. Refinements will certainly be made to improve 
what is currently in this bill. I welcome any suggestions that you may 
have, and look forward to coming back to the floor to urge final 
passage of the Violence Against Women Act of 2005.
  Mr. LEAHY. Mr. President, I am proud to join Senators Biden, Hatch, 
Specter and other cosponsors to introduce today the bipartisan VAWA, 
the Violence Against Women Act of 2005.
  Our Nation has made remarkable progress over the past 25 years in 
recognizing that domestic violence and sexual assault are crimes, 
providing legal remedies, social supports and coordinated community 
responses. Millions of women, men, children and families, however, 
continue to be traumatized by abuse, leading to increased rates of 
crime, violence and suffering.
  I witnessed the devastating effects of domestic violence early in my 
career as the Vermont State's Attorney for Chittenden County. Violence 
and abuse affect people of all walks of life every day and regardless 
of gender, race, culture, age, class or sexuality. Such violence is a 
crime and it is always wrong, whether the abuser is a family member, 
someone the victim is dating, a current or past spouse, boyfriend, or 
girlfriend, an acquaintance or a stranger.
  The National Crime Victimization Survey estimates there were 691,710 
non-fatal, violent incidents committed against victims by current and 
former spouses, boyfriends or girlfriends now termed intimate partners 
by DOJ--during 2001. Eight-five percent of those incidents were against 
women. The rate of non-fatal intimate partner violence against women 
has fallen steadily since 1993, when the rate was 9.8 incidents per 
1,000 people. In 2001, the number fell to 5.0 incidents per 1,000 
people, nearly a 50 percent reduction. Tragically, however, the survey 
found that 1,600 women were killed in 1976 by a current or former 
spouse or boyfriend, while in 2000 some 1,247 women were killed by 
their intimate partners.
  VAWA became law in 1994 and was reauthorized in 2000. It has provided 
aid to law enforcement officers and prosecutors, encouraged arrest 
policies, stemmed domestic violence and child abuse, established 
training programs for victim advocates and counselors, and trained 
probation and parole officers who work with released sex offenders. 
This Congress we have the opportunity to reauthorize VAWA and make 
improvements to vital core programs, tighten criminal penalties against 
domestic abusers, and create new solutions to challenges in other 
crucial aspects of domestic violence and sexual assault, such as 
treating children victims of violence, augmenting health care for rape 
victims, holding repeat offenders and Internet stalkers accountable, 
and helping domestic violence victims keep their jobs.
  I am particularly proud to note that included in VAWA 2005 are 
reauthorizations for two programs that I authored. In a small, rural 
Sate like Vermont, our county and local law enforcement agencies rely 
on cooperative, interagency efforts to combat and solve significant 
problems. That is why I authored the Rural Domestic Violence and Child 
Victimization Enforcement Grant Program as part of the original VAWA. 
This program helps services available to rural victims and children by 
encouraging community involvement in developing a coordinated response 
to combat domestic violence, dating violence and child abuse. Adequate 
resources combined with sustained commitment will bring about 
significant improvements in rural areas to the lives of those 
victimized by domestic and sexual violence.
  The Rural Grants Program section of VAWA 2005 reauthorizes and 
expands the existing education, training and services grant programs 
that address violence against women in rural areas. This provision 
renews the rural VAWA program, extends direct grants to state and local 
governments for services in rural areas and expands areas to include 
community collaboration projects in rural areas and the creation or 
expansion of additional victim services. This provision includes new 
language that expands the program coverage to sexual assault, child 
sexual assault and stalking. It also expands eligibility from rural 
states to rural communities, increasing access to rural sections of 
otherwise highly populated states. This section authorizes $55,000,000 
annually for 2006 through 2010, which is an increase of $15 million per 
year.
  The second grant program I authored that is included in VAWA 2005 is 
the Transitional Housing Assistance Grants for Victims of Domestic 
Violence, Dating Violence, Sexual Assault or Stalking. This program, 
which became law as part of the Prosecutorial Remedies and Other Tools 
to End the Exploitation of Children Today, the PROTECT Act of 2003, 
authorizes grants for transitional housing and related services for 
people fleeing domestic violence, sexual assault or stalkers. At a time 
when the availability of affordable housing has sunk to record lows, 
transitional housing for victims is especially needed. Today more than 
50 percent of homeless individuals are women and children fleeing 
domestic violence. We have a clear problem that is in dire need of a 
solution. I want this program to be part of the solution.
  Transitional housing allows women to bridge the gap between leaving 
violence in their homes and becoming self-sufficient. VAWA 2005 amends 
the existing transitional housing program administered by the Office on 
Violence Against Women in the Department of Justice. This section 
expands the current direct-assistance grants to include funds for 
operational, capital and renovation costs. Other changes include 
providing services to victims of dating violence, sexual assault and 
stalking; extending the length of time for receipt of benefits to match 
that used by Housing and Urban Development transitional housing 
programs; and updating the existing program to reflect the concerns of 
the service provision community. The provision would increase the 
authorized funding for the grant from $30,000,000 to $40,000,000.
  Now it is time to strengthen the prevention of violence against women 
and children and its devastating costs and consequences. This 
legislation goes beyond simple words of recognition and efforts to 
increase awareness of the problem of violence to save the lives of 
battered women, rape victims and children who grow up with violence. I 
look forward to working further with fellow Senators on VAWA 2005 and I 
urge the Senate to take prompt action on this legislation.
  Mr. KENNEDY. Mr. President, I strongly support the Violence Against 
Women Act of 2005, and I commend Senator Biden, Senator Specter, and 
Senator Hatch for their bipartisan leadership on these major issues.
  Violence against women is a very real and very serious continuing 
problem in the United States. The statistics are shocking.
  Every 15 seconds, somewhere in America, a woman is battered, usually 
by her intimate partner.
  Every 90 seconds, somewhere in America, someone is sexually 
assaulted.
  On average, three women are murdered by their husbands or boyfriends 
in America every day.
  One out of every six American women have been the victims of a rape 
in their lifetime.
  These statistics are not just numbers. These violent acts are 
happening to mothers, sisters, daughters, and friends. We cannot 
tolerate this violence in our communities.
  In 1994, Congress allocated funds to initiate efforts to prevent 
violence against women and families. The programs established under the 
Violence

[[Page 11859]]

Against Women Act, and later expanded and reauthorized in 2000, have 
worked, and so will this legislation, because it takes needed 
additional steps to prevent such violence. It enhances law enforcement 
and judicial procedures to combat violence against women, and it also 
reinvigorates programs to help older and disabled victims of domestic 
violence.
  Forty-four percent of the Nation's mayors identified domestic 
violence as a primary cause of homelessness. This bill eases housing 
problems for battered women.
  Victims of domestic violence need time off from work to obtain 
medical attention, counseling, and other support. This bill will 
provide that flexibility.
  Doctors, nurses, and other health professionals are often the first 
responders for treating the injuries women suffer from domestic and 
sexual violence. It is essential for those who help them to be able to 
respond effectively and compassionately. When health providers screen 
for domestic violence and follow up on such cases, women are more 
likely to be safer over the long term. This bill includes new funds for 
training health professionals to recognize and respond to domestic and 
sexual violence, and to enable public health officials to recognize the 
need as well. The research funds provided by this bill are vital 
because we need the best possible interventions in health care settings 
to prevent future violence and help the victims.
  Violence against women can occur throughout women's lives, beginning 
in childhood, continuing in adolescence, and in numerous contexts and 
settings. It is important for any bill on such violence to focus on 
girls and young women as well, and this bill does that.
  In 1994, we included an important innovative provision in the bill to 
fund a National Domestic Violence Hotline. When the hotline opened in 
February 1996, victims of domestic violence across the nation finally 
had help available toll-free, 24 hours a day, 365 days a year. This 
legislation increases funding for that very important support.
  Another important section of the bill provides greater help to 
immigrant victims of domestic violence, sexual assault, trafficking and 
similar offenses. This section builds on the current Act and is 
designed to remove the obstacles in immigration laws that prevent such 
victims from safely fleeing the violence in their lives, and to dispel 
the fear that often prevents them from prosecuting their abusers.
  Eliminating domestic violence is especially challenging in immigrant 
communities, where victims often face additional cultural, linguistic 
and immigration barriers to seeking safety. Abusers of immigrant 
spouses or children are liable to use threats of deportation against 
them, trapping them in endless years of violence. Many of us have heard 
horrific stories of violence in cases where the threat of deportation 
was used against immigrant spouses and children--``If you leave me, 
I'll report you to the immigration authorities, and you'll never see 
the children again.'' Or the abuser says, ``If you tell the police what 
I did, I'll have immigration deport you.''
  Congress has made significant progress in enacting protections for 
these immigrant victims, but there are still many women and children 
whose lives are in danger. Our bill extends immigration relief to all 
victims of family violence, including victims of elder abuse, incest 
and stalking. It ensures economic security for immigrant victims and 
their children by providing work authorization for victims with valid 
immigration cases. It makes it easier for victims of trafficking to 
obtain federal benefits if they assist in the investigation or 
prosecution of trafficking crimes.
  I commend the sponsors of this legislation for working with us on 
this issue and for making domestic violence in immigrant communities an 
important priority in our overall effort to combat violence against 
women.
  We have a responsibility in Congress to do all we can to eradicate 
domestic violence. Our bill gives the safety of women and their 
families the high priority it deserves, and I urge my colleagues to 
support it.
                                 ______
                                 
      By Ms. STABENOW (for herself and Mr. Levin):
  S. 1198. A bill to amend the Solid Waste Disposal Act to authorize 
States to restrict receipt of foreign municipal solid waste, to 
implement the Agreement Concerning the Transboundary Movement of 
Hazardous Waste between the United States and Canada, and for other 
purposes; to the Committee on Environment and Public Works.
  Ms. STABENOW. Mr. President, I rise today to introduce the 
International Solid Waste Importation and Management Act. I want to 
thank Senator Levin for cosponsoring this bill and for his tireless 
work to stop Canadian trash imports into our State. The purpose of our 
bill is to finally put an end to the river of garbage flowing from 
Canada into Michigan's landfills.
  Our legislation is a companion bill to H.R. 2491 which is being voted 
on in the Subcommittee on Environment and Hazardous Material of the 
House Energy and Commerce Committee today. I am extremely pleased that 
Congress is starting to take action on this critical bill.
  I cannot overstate the importance of this legislation to Michigan. 
The number of trash trucks entering our State has continually 
increased. In fact, since the summer of 2003 the number of trash trucks 
coming from Canada has jumped from 180 per day to about 415 per day. 
The result is that Michigan is the third largest importer of trash out 
of all of the States in the Nation.
  Not only does this waste dramatically decrease Michigan's own 
landfill capacity, but it has a tremendous negative impact on 
Michigan's environment and on the public health of its citizens. 
Canadian waste also hampers the effectiveness of Michigan's state and 
local recycling efforts, since Ontario does not have a bottle law 
requiring recycling. Trash trucks also present a security risk at our 
Michigan-Canadian border, since, by their nature, trucks full of 
garbage are harder for Customs agents to inspect then traditional 
cargo.
  Michigan already has protections contained in an international 
agreement between the United States and Canada, but they are being 
ignored. Under the Agreement Concerning the Transboundary Movement of 
Hazardous Waste, which was entered into in 1986, shipments of waste 
across the Canadian-U.S. border require government-to-government 
notification. The Environmental Protection Agency (EPA) as the 
designated authority for the United States would receive notification 
of a trash shipment and then consent or object to the shipment within 
30 days. Unfortunately, these notification provisions have never been 
enforced by the EPA.
  This legislation will give Michigan residents the protection they are 
entitled to under this bilateral treaty. The bill would allow the State 
of Michigan to pass laws to stop the Canadian trash shipments until the 
EPA finally enforces this treaty. Once the EPA begins enforcing the 
treaty, they would have to consider certain criteria when deciding 
whether to consent or object to a shipment, such as the State's views 
on the shipment, and the shipment's impact on landfill capacity, air 
emissions, public health, and the environment. These waste shipments 
should no longer be accepted without an examination of the impacts on 
the health and welfare of Michigan families.
  Michiganians and the Michigan Congressional delegation are united in 
our opposition to Canadian trash shipments. We have waged a continuous 
battle to end trash importation and we will continue to fight until we 
succeed. I urge my colleagues on the Senate Environment and Public 
Works Committee to take action on this crucial legislation as quickly 
as they can.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1198

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

[[Page 11860]]



     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``International Solid Waste 
     Importation and Management Act of 2005''.

     SEC. 2. CANADIAN MUNICIPAL SOLID WASTE.

       (a) In General.--Subtitle D of the Solid Waste Disposal Act 
     (42 U.S.C. 6941 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 4011. CANADIAN MUNICIPAL SOLID WASTE.

       ``(a) Definitions.--In this section:
       ``(1) Agreement.--The term `Agreement' means--
       ``(A) the Agreement Concerning the Transboundary Movement 
     of Hazardous Waste between the United States and Canada, 
     signed at Ottawa on October 28, 1986 (TIAS 11099) and amended 
     on November 25, 1992; and
       ``(B) any regulations promulgated and orders issued to 
     implement and enforce that Agreement.
       ``(2) Foreign municipal solid waste.--The term `foreign 
     municipal solid waste' means municipal solid waste that is 
     generated outside of the United States.
       ``(3) Municipal solid waste.--
       ``(A) In general.--The term `municipal solid waste' means--
       ``(i) material discarded for disposal by--

       ``(I) households (including single and multifamily 
     residences); and
       ``(II) public lodgings such as hotels and motels; and

       ``(ii) material discarded for disposal that was generated 
     by commercial, institutional, and industrial sources, to the 
     extent that the material--

       ``(I)(aa) is essentially the same as material described in 
     clause (i); or
       ``(bb) is collected and disposed of with material described 
     in clause (i) as part of a normal municipal solid waste 
     collection service; and
       ``(II) is not subject to regulation under subtitle C.

       ``(B) Inclusions.--The term `municipal solid waste' 
     includes--
       ``(i) appliances;
       ``(ii) clothing;
       ``(iii) consumer product packaging;
       ``(iv) cosmetics;
       ``(v) debris resulting from construction, remodeling, 
     repair, or demolition of a structure;
       ``(vi) disposable diapers;
       ``(vii) food containers made of glass or metal;
       ``(viii) food waste;
       ``(ix) household hazardous waste;
       ``(x) office supplies;
       ``(xi) paper; and
       ``(xii) yard waste.
       ``(C) Exclusions.--The term `municipal solid waste' does 
     not include--
       ``(i) solid waste identified or listed as a hazardous waste 
     under section 3001, except for household hazardous waste;
       ``(ii) solid waste, including contaminated soil and debris, 
     resulting from--

       ``(I) a response action taken under section 104 or 106 of 
     the Comprehensive Environmental Response, Compensation, and 
     Liability Act (42 U.S.C. 9604, 9606);
       ``(II) a response action taken under a State law with 
     authorities comparable to the authorities contained in either 
     of those sections; or
       ``(III) a corrective action taken under this Act;

       ``(iii) recyclable material--

       ``(I) that has been separated, at the source of the 
     material, from waste destined for disposal; or
       ``(II) that has been managed separately from waste destined 
     for disposal, including scrap rubber to be used as a fuel 
     source;

       ``(iv) a material or product returned from a dispenser or 
     distributor to the manufacturer or an agent of the 
     manufacturer for credit, evaluation, and possible potential 
     reuse;
       ``(v) solid waste that is--

       ``(I) generated by an industrial facility; and
       ``(II) transported for the purpose of treatment, storage, 
     or disposal to a facility (which facility is in compliance 
     with applicable State and local land use and zoning laws and 
     regulations) or facility unit--

       ``(aa) that is owned or operated by the generator of the 
     waste;
       ``(bb) that is located on property owned by the generator 
     of the waste or a company with which the generator is 
     affiliated; or
       ``(cc) the capacity of which is contractually dedicated 
     exclusively to a specific generator;
       ``(vi) medical waste that is segregated from or not mixed 
     with solid waste;
       ``(vii) sewage sludge or residuals from a sewage treatment 
     plant;
       ``(viii) combustion ash generated by a resource recovery 
     facility or municipal incinerator; or
       ``(ix) waste from a manufacturing or processing (including 
     pollution control) operation that is not essentially the same 
     as waste normally generated by households.
       ``(b) Management of Foreign Municipal Solid Waste.--
       ``(1) State action.--
       ``(A) In general.--Except as provided in paragraph (2) and 
     subject to subparagraph (B), until the date on which the 
     Administrator promulgates regulations to implement and 
     enforce the Agreement (including notice and consent 
     provisions of the Agreement), a State may enact 1 or more 
     laws, promulgate regulations, or issue orders imposing 
     limitations on the receipt and disposal of foreign municipal 
     solid waste within the State.
       ``(B) No effect on existing authority.--A State law, 
     regulation, or order that is enacted, promulgated, or issued 
     before the date on which the Administrator promulgates 
     regulations under subparagraph (A)--
       ``(i) may continue in effect after that date; and
       ``(ii) shall not be affected by the regulations promulgated 
     by the Administrator.
       ``(2) Effect on interstate and foreign commerce.--No State 
     action taken in accordance with this section shall be 
     considered--
       ``(A) to impose an undue burden on interstate or foreign 
     commerce; or
       ``(B) to otherwise impair, restrain, or discriminate 
     against interstate or foreign commerce.
       ``(3) Trade and treaty obligations.--Nothing in this 
     section affects, replaces, or amends prior law relating to 
     the need for consistency with international trade 
     obligations.
       ``(c) Authority of Administrator.--
       ``(1) In general.--Beginning immediately after the date of 
     enactment of this section, the Administrator shall--
       ``(A) perform the functions of the Designated Authority of 
     the United States described in the Agreement with respect to 
     the importation and exportation of municipal solid waste 
     under the Agreement; and
       ``(B) implement and enforce the Agreement (including notice 
     and consent provisions of the Agreement).
       ``(2) Regulations.--Not later than 2 years after the date 
     of enactment of this section, the Administrator shall 
     promulgate final regulations with respect to the 
     responsibilities of the Administrator under paragraph (1).
       ``(3) Consent to importation.--In considering whether to 
     consent to the importation of Canadian municipal solid waste 
     under article 3(c) of the Agreement, the Administrator 
     shall--
       ``(A) give substantial weight to the views of each State 
     into which the foreign municipal solid waste is to be 
     imported, and consider the views of the local government with 
     jurisdiction over the location at which the waste is to be 
     disposed;
       ``(B) consider the impact of the importation on--
       ``(i) continued public support for and adherence to State 
     and local recycling programs;
       ``(ii) landfill capacity as provided in comprehensive waste 
     management plans;
       ``(iii) air emissions from increased vehicular traffic; and
       ``(iv) road deterioration from increased vehicular traffic; 
     and
       ``(C) consider the impact of the importation on--
       ``(i) homeland security;
       ``(ii) public health; and
       ``(iii) the environment.
       ``(4) Actions in violation of the agreement.--No person 
     shall import, transport, or export municipal solid waste for 
     final disposal or for incineration in violation of the 
     Agreement.
       ``(d) Compliance Orders.--
       ``(1) In general.--If, on the basis of any information, the 
     Administrator determines that any person has violated or is 
     in violation of this section, the Administrator may--
       ``(A) issue an order assessing a civil penalty for any past 
     or current violation, requiring compliance immediately or 
     within a specified time period, or both; or
       ``(B) commence a civil action in the United States district 
     court in the district in which the violation occurred for 
     appropriate relief, including a temporary or permanent 
     injunction.
       ``(2) Specificity.--Any order issued pursuant to this 
     subsection shall state with reasonable specificity the nature 
     of the violation.
       ``(3) Maximum amount of penalty.--Any penalty assessed in 
     an order described in paragraph (1) shall not exceed $25,000 
     per day of noncompliance for each violation.
       ``(4) Penalty assessment.--In assessing a penalty under 
     paragraph (1), the Administrator shall take into account the 
     seriousness of the violation and any good faith efforts to 
     comply with applicable requirements.
       ``(e) Public Hearing.--
       ``(1) In general.--Any order issued under this section 
     shall become final unless, not later than 30 days after the 
     date on which the order is served, 1 or more persons named in 
     the order request a public hearing.
       ``(2) Procedure for hearing.--The Administrator--
       ``(A) shall promptly conduct a public hearing on receipt of 
     a request under paragraph (1);
       ``(B) in connection with any proceeding under this section, 
     may issue subpoenas for the attendance and testimony of 
     witnesses and the production of relevant papers, books, and 
     documents; and
       ``(C) may promulgate rules for discovery procedures.
       ``(f) Violation of Compliance Orders.--If a violator fails 
     to take corrective action

[[Page 11861]]

     within the time specified in a compliance order issued under 
     this section, the Administrator may assess a civil penalty of 
     not more than $25,000 for each day of continued noncompliance 
     with the order.''.
       (b) Conforming Amendment.--The table of contents of the 
     Solid Waste Disposal Act (42 U.S.C. prec. 6901) is amended by 
     adding after the item relating to section 4010 the following:

``Sec. 4011. Foreign municipal solid waste''.

  Mr. LEVIN. Mr. President, every week, thousands of truckloads of 
solid municipal waste are being imported into the United States for 
disposal in US. landfills. Most of these shipments enter at three 
border crossings in Michigan: Port Huron, Sault Ste. Marie, and 
Detroit. Canadian shipments are entering this country' without 
regulatory controls to protect the environment and public safety as 
required by a treaty between the US. and Canada. The loads of municipal 
solid waste are more than just a nuisance. Canada's weekly importation 
of thousands of truckloads of trash into Michigan is a potential threat 
to our environment, health, and security.
  I join with my colleague Senator Stabenow today in introducing S. 
1198, the companion to H.R. 2491, which was reported by the House 
Energy and Commerce Subcommittee on Environment and Hazardous Waste 
today. It is long overdue for Congress to address this critical issue 
for Michigan and the rest of the U.S. This bill has the support of the 
entire Michigan Congressional delegation.
  Our legislation requires the EPA Administrator to implement 
regulations enforcing terms of the United States-Canada treaty within 
24 months, and it gives States the authority to regulate foreign waste 
transported into the U.S. until those regulations to implement and 
enforce the treaty become effective. Our bill implements the treaty's 
requirement that the Canadian environmental department notify the EPA 
of each shipment of waste that enters the United States. The EPA then 
has 30 days to object to the shipment or accept it.
  I believe this legislation will help to protect the health and 
environment of the people of Michigan. I am pleased to have worked on 
this bipartisan initiative with the other members of our State's 
congressional delegation and with Gov. Jennifer Granholm. I urge the 
members of the Senate Environment and Public Works Committee to take 
action on this legislation as quickly as possible.
                                 ______
                                 
      By Mr. BURNS:
  S. 1199. A bill to amend title II of the Social Security Act to 
shorten the waiting period for social security disability benefits for 
individuals with mesothelioma; to the Committee on Finance.
  Mr. BURNS. Mr. President, I come to the floor today to introduce 
legislation that would significantly reduce the Social Security 
Disability payment waiting period for people diagnosed with the fatal 
cancer of mesothelioma.
  Seventy to eighty percent of all documented cases of mesothelioma 
share the common denominator of a history of asbestos. While symptoms 
of mesothelioma can remain latent over many decades, this rare cancer 
violently attacks its victims, and drastically reduce their life 
expectancy.
  The Social Security Administration currently has a mandatory five-
month ``waiting period'' for all people applying for disability. The 
victims of mesothelioma simply cannot wait 5 months for their 
disability payments to begin. This bill will significantly reduce the 
waiting period from 5 months to 30 days for victims of mesothelioma.
  I encourage my colleagues to support this measure and join me in 
ensuring these victims get their payments in a timely fashion.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1199

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Prompt Disability Payment to 
     Mesothelioma Victims Act of 2005''.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) Mesothelioma is a quickly advancing form of cancer.
       (2) Most cases of mesothelioma arise from exposure to 
     asbestos fibers.
       (3) The National Cancer Institute estimates that in 2002, 
     approximately 2,000 new mesothelioma diagnoses were made in 
     the United States.

     SEC. 3. SHORTENED WAITING PERIOD FOR SOCIAL SECURITY 
                   DISABILITY BENEFITS FOR INDIVIDUALS WITH 
                   MESOTHELIOMA.

       (a) In General.--Section 223(c)(2) of the Social Security 
     Act (42 U.S.C. (c)(2)) is amended--
       (1) in the matter preceding subparagraph (A), by inserting 
     ``(or, in the case of an individual with mesothelioma, 30 
     days)'' after ``months''; and
       (2) in subparagraph (B)--
       (A) in clause (i), by inserting ``(or, in the case of an 
     individual with mesothelioma, the thirteenth month)'' after 
     ``seventeenth month''; and
       (B) in clause (ii), by inserting ``(or, in the case of an 
     individual with mesothelioma, such thirteenth month)'' after 
     ``such seventeenth month''.
       (b) Effective Date.--The amendments made by subsection (a) 
     apply to applications for disability benefits filed or 
     pending on or after the date of enactment of this Act and to 
     any individuals with filed applications for such benefits as 
     of that date who are within a waiting period on such date.

                                 ______
                                 
      By Mr. ALLARD:
  S. 1202. A bill to provide environmental assistance to non-Federal 
interests in the State of Colorado; to the Committee on Environment and 
Public Works.
  Mr. ALLARD. Mr. President, the ability of communities to provide its 
citizens with clean, safe drinking water is one of the most important 
public utility services any municipality can offer. I support many of 
the goals of the Clean Water Act and believe that the United States has 
made great progress in eliminating dangerous substances from drinking 
water. It has helped make our national drinking water infrastructure 
more reliable and more effective. Unfortunately, many of the small, 
financially strapped, rural communities in Colorado cannot meet the 
obligations of the Clean Water Act or the regulations of the 
Environmental Protection Agency because of increasingly onerous 
unfunded Federal drinking water mandates, As a result, communities in 
my home State are faced with two options: increase taxes and utility 
rates to exorbitant levels or end municipal water delivery. Neither 
option is acceptable.
  That is why I am introducing the Rural Colorado Water Infrastructure 
Act, a bill that will allow Colorado to participate in a program known 
as Section 595 of the Water Resources Development Act. My legislation 
authorizes $50 million for design and construction assistance to non-
Federal interests in the most desperate Colorado communities for 
publicly owned water related environmental infrastructure and resource 
protection and development projects.
  The Rural Colorado Water Infrastructure Act will allow local 
communities to enter into cost share agreements with the U.S. Corps of 
Engineers to develop wastewater treatment and related facility water 
supply, conservation and related facilities, storm water retention and 
remediation, environmental restoration, and surface water resources 
protection and development.
  Cities in Colorado like Alamosa, Sterling, and Julesburg that face 
enormous costs to develop new facilities may be able to utilize the 
program and save themselves from economic hardship. The Corps of 
Engineers Section 595 program has been a great ally to many Western 
States, and, under my legislation, Colorado would also be able to 
benefit from this successful public-private partnership.
  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. 1202

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Rural Colorado Water 
     Infrastructure Act''.

[[Page 11862]]



     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of the Army, acting through the Chief of Engineers.
       (2) State.--The term ``State'' means the State of Colorado.

     SEC. 3. PROGRAM.

       (a) Establishment.--The Secretary may establish a pilot 
     program to provide environmental assistance to non-Federal 
     interests in the State.
       (b) Form of Assistance.--Assistance under this section may 
     be provided in the form of design and construction assistance 
     for water-related environmental infrastructure and resource 
     protection and development projects in the State, including 
     projects for--
       (1) wastewater treatment and related facilities;
       (2) water supply and related facilities;
       (3) water conservation and related facilities;
       (4) stormwater retention and remediation;
       (5) environmental restoration; and
       (6) surface water resource protection and development.
       (c) Public Ownership Requirement.--The Secretary may 
     provide assistance for a project under this section only if 
     the project is publicly owned.
       (d) Local Cooperation Agreement.--
       (1) In general.--Before providing assistance under this 
     section, the Secretary shall enter into a local cooperation 
     agreement with a non-Federal interest to provide for design 
     and construction of the project to be carried out with the 
     assistance.
       (2) Requirements.--Each local cooperation agreement entered 
     into under this subsection shall provide for the following:
       (A) Plan.--Development by the Secretary, III consultation 
     and coordination with appropriate Federal and State 
     officials, of a facilities or resource protection and 
     development plan, including appropriate engineering plans and 
     specifications.
       (B) Legal and institutional structures.--Establishment of 
     such legal and institutional structures as are necessary to 
     ensure the effective long-term operation of the project by 
     the non-Federal interest.
       (3) Cost sharing.--
       (A) In general.--The Federal share of project costs under 
     each local cooperation agreement entered into under this 
     subsection--
       (i) shall be 75 percent; and
       (ii) may be in the form of grants or reimbursements of 
     project costs.
       (B) Pre-cooperative agreement activities.--The Federal 
     share of the cost of activities carried out by the Secretary 
     under this section before the execution of a local coopera- 
     tive agreement shall be 100 percent.
       (C) Credit for design work.--The non- Federal interest 
     shall receive credit, not to exceed 6 percent of the total 
     construction costs of a project, for the reasonable costs of 
     design work completed by the non-Federal interest before 
     entering into a local cooperation agreement with the 
     Secretary for the project.
       (D) Credit for interest.--In case of a delay in the funding 
     of the Federal share of the costs of a project that is the 
     subject of an agreement under this section, the non-Federal 
     interest shall receive credit for reasonable interest 
     incurred in providing the Federal share of the costs of the 
     project.
       (E) Land, easements, and rights-of-way credit. The non-
     Federal interest shall receive credit for land, easements, 
     rights-of-way, and relocations toward the non-Federal share 
     of project costs (including all reasonable costs associated 
     with obtaining permits necessary for the construction, 
     operation, and maintenance of the project on publicly owned 
     or controlled land), but not to exceed 25 percent of total 
     project costs.
       (F) Operation and maintenance.--The non-Federal share of 
     operation and maintenance costs for projects constructed with 
     assistance provided under this section shall be 100 percent.
       (e) Applicability of Other Federal and State Laws.--Nothing 
     in this section waives, limits, or otherwise affects the 
     applicability of any provision of Federal or State law that 
     would otherwise apply to a project to be carried out with 
     assistance provided under this section.
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $50,000,000 for 
     the period beginning with fiscal year 2006, to remain 
     available until expended.
                                 ______
                                 
      By Mr. DODD (for himself, Mr. Durbin, and Ms. Stabenow):
  S. 1204. A bill to encourage students to pursue graduate education 
and to assist students in affording graduate education; to the 
Committee on Finance.
  Mr. DODD. Mr. President, I rise today with Senators Durbin and 
Stabenow to introduce GRAD, the Getting Results for Advanced Degrees 
Act. The purpose of this bill is to encourage students to pursue 
graduate education and to assist them in affording it.
  The percentage of individuals pursuing graduate education has 
increased dramatically in recent decades as individuals seek the 
education and skills needed to participate in a global economy. In the 
last 25 years alone, graduate enrollment in the United States has 
increased by 38 percent bringing the number of graduate students in 
this country to 1.85 million.
  The benefits of graduate education for our country are enormous. This 
year's graduate and professional students are the doctors, scientists, 
and inventors of tomorrow. Their ideas and innovations will be the 
basis of America's economic strength in the years to come. The benefits 
for individuals are significant as well. The median earnings of a 
worker with a master's degree are twice that of a high school graduate 
and $10,000 more than an individual with a bachelor's degree. The 
median earnings of a worker with a doctoral degree are 2\1/2\ times 
that of a high school graduate, $30,000 more than an individual with a 
bachelor's degree and $20,000 more than someone with a master's. An 
individual with a professional degree can expect to make three times 
the amount of a high school graduate, almost double the amount of an 
individual with a bachelor's, $35,000 more than individuals with a 
master's and $15,000 more than someone with a doctoral degree. Clearly, 
one's earning power increases, in some cases exponentially, with 
increasing education.
  Despite the immediate and long-term benefits of graduate education 
for individuals and our Nation as a whole, graduate education is, for 
many, financially out of reach. In 2002-03 the average graduate school 
tuition at public institutions was $4,855 and $15,279 at private 
institutions. The average debt reported by graduate students today is 
$45,900. For medical students it is $115,000, for dental students it is 
$122,000 and for law students it is $86,000. These are astounding 
figures.
  To increase access to graduate education, I have put together a 
series of proposals that will make graduate and professional school 
more accessible affordable for all qualified applicants, the Getting 
Results for Advanced Degrees Act. First, the GRAD Act raises the 
authorization levels of GAANN, the Graduate Assistance in Areas of 
National Need Program and the Jacob Javits Fellowship Program so that 
there are more opportunities at more universities for students to 
pursue advanced degrees. GAANN supports graduate study in areas of 
national need such as chemistry, computer science, engineering, and 
physics, while the Jacob Javits Program helps support graduate study in 
the arts, humanities and social sciences.
  To encourage greater participation by minority students in advanced 
programs the GRAD Act creates the Patsy T. Mink Fellowship Program. 
Named for former Congresswoman Patsy Mink, the first woman of Asian 
descent and the first woman of color to serve in the U.S. Congress, 
this program would offer assistance to underrepresented minorities 
pursuing doctoral degrees. It is fitting that such a program be named 
after Congresswoman Mink, a long-time champion for immigrants, 
minorities, women and children. I can think of no better tribute to her 
lifetime achievements than this program.
  To help students afford the costs of graduation education, the GRAD 
Act expands the tax-exempt status of scholarships to treat reasonable 
room-and-board allowances as part of permitted higher education 
expenses. GRAD revises the cost of attendance calculations for 
financial aid for students with dependents to reflect the true cost-of-
living expenses for themselves and the families that they support. GRAD 
also increases the unsubsidized Stafford loan limit for graduate and 
professional students from $10,000 to $12,000 so they are less likely 
to have to turn to more expensive private loans.
  Mr. President, the Getting Results for Advanced Degrees Act will help 
students meet the financial challenges faced in pursuing graduate 
studies. The act strengthens programs that support graduate students in 
areas of vital importance to our nation and makes assistance available 
to underrepresented minority students pursuing a doctoral degree. By 
helping students to pursue and afford graduate education, the

[[Page 11863]]

GRAD Act will help individuals, families and the nation as a whole 
recognize and achieve the important benefits of graduate education.
  I hope my colleagues will join me in support of graduate education by 
supporting this bill. By working together, I believe that the Senate 
can act to ensure that more individuals are able to pursue graduate 
education and assist our nation in meeting the challenges faced in a 
global economy. I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1204

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Getting Results for Advanced 
     Degrees Act''.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) From 1976 to 2000, graduate enrollment in the United 
     States increased 38 percent. In the fall of 2000, there were 
     1,850,000 graduate students enrolled in the United States.
       (2) In 2003, 84 percent of graduate students in the United 
     States were citizens of the United States or resident aliens, 
     and 16 percent were temporary residents who were foreign or 
     international students.
       (3) In a 2002 borrower's survey, the average debt reported 
     by graduate students was $45,900.
       (4) In 1999-2000, 60 percent of all graduate and first-
     professional students, and 82 percent of those enrolled full-
     time and full-year, received some type of financial aid, 
     including grants, loans, assistantships, or work study. The 
     average amount of aid received by aided full-time, full-year 
     students was approximately $19,500 per year.
       (5) Annual aid in the form of grants to full-time, full-
     year recipients was awarded in larger average amounts to 
     doctoral students ($13,400) than to either master's students 
     ($7,600) or first-professional students ($6,900). First-
     professional students took out larger loans on average 
     overall ($20,100) than did their counterparts at the master's 
     level ($14,800) and doctoral level ($14,100).
       (6) Median annual earnings in 2003 increased with 
     educational attainment. There was a substantial earnings 
     differential from the highest to the lowest levels of 
     attainment:
       (A) The median earnings of workers who had a master's 
     degree were almost twice those of high school graduates and 
     $10,000 more than those of individuals with a bachelor's 
     degree.
       (B) The median earnings of workers who had a doctoral 
     degree were 2\1/2\ times those of high school graduates, 
     $30,000 more than those of individuals with a bachelor's 
     degree, and $20,000 more than those of individuals with a 
     master's degree.
       (C) The median earnings of workers with a professional 
     degree were more than 3 times those of high school graduates, 
     almost double those of individuals with a bachelor's degree, 
     $35,000 more than those of individuals with a master's 
     degree, and $15,000 more than those of individuals with a 
     doctoral degree.

     SEC. 3. JACOB K. JAVITS FELLOWSHIP PROGRAM.

       (a) Criteria for Awards.--Section 701(a) of the Higher 
     Education Act of 1965 (20 U.S.C. 1134(a)) is amended by 
     striking ``, financial need,''.
       (b) Qualifications of Board.--Section 702(a) of the Higher 
     Education Act of 1965 (20 U.S.C. 1134a(a)) is amended by 
     striking paragraph (1) and inserting the following:
       ``(1) Appointment.--
       ``(A) In general.--The Secretary shall appoint a Jacob K. 
     Javits Fellows Program Fellowship Board (referred to in this 
     subpart as the `Board') consisting of 9 individuals 
     representative of both public and private institutions of 
     higher education who are especially qualified to serve on the 
     Board.
       ``(B) Qualifications.--In making appointments under 
     subparagraph (A), the Secretary shall--
       ``(i) give due consideration to the appointment of 
     individuals who are highly respected in the academic 
     community;
       ``(ii) assure that individuals appointed to the Board are 
     broadly representative of a range of disciplines in graduate 
     education in arts, humanities, and social sciences;
       ``(iii) appoint members to represent the various geographic 
     regions of the United States; and
       ``(iv) include representatives from minority serving 
     institutions.''.
       (c) Amount of Stipends.--Section 703(a) of the Higher 
     Education Act of 1965 (20 U.S.C. 1134b(a)) is amended by 
     striking ``graduate fellowships,'' and all that follows 
     through the period and inserting ``Graduate Research 
     Fellowship Program.''.
       (d) Authorization of Appropriations.--Section 705 of the 
     Higher Education Act of 1965 (20 U.S.C. 1134d) is amended by 
     striking ``$30,000,000 for fiscal year 1999'' and inserting 
     ``$35,000,000 for fiscal year 2006''.

     SEC. 4. GRADUATE ASSISTANCE IN AREAS OF NATIONAL NEED.

       (a) Application Contents.--Section 713(b)(5) of the Higher 
     Education Act of 1965 (20 U.S.C. 1135b(b)(5)) is amended--
       (1) by striking subparagraph (A); and
       (2) by redesignating subparagraphs (B) and (C) as 
     subparagraphs (A) and (B), respectively.
       (b) Amount of Stipends.--Section 714(b) of the Higher 
     Education Act of 1965 (20 U.S.C. 1135c(b)) is amended by 
     striking ``graduate fellowships,'' and all that follows 
     through the period and inserting ``Graduate Research 
     Fellowship Program.''.
       (c) Authorization of Appropriations.--Section 716 of the 
     Higher Education Act of 1965 (20 U.S.C. 1135e) is amended by 
     striking ``$35,000,000 for fiscal year 1999'' and inserting 
     ``$50,000,000 for fiscal year 2006''.
       (d) Technical Amendments.--Section 714(c) of the Higher 
     Education Act of 1965 (20 U.S.C. 1135c(c)) is amended--
       (1) by striking ``716(a)'' and inserting ``715(a)''; and
       (2) by striking ``714(b)(2)'' and inserting ``713(b)(2)''.

     SEC. 5. PATSY T. MINK FELLOWSHIP PROGRAM.

       Part A of title VII of the Higher Education Act of 1965 (20 
     U.S.C. 1134 et seq.) is amended--
       (1) by redesignating subpart 4 as subpart 5;
       (2) by redesignating section 731 as section 740;
       (3) in section 740 (as redesignated by paragraph (2))--
       (A) in the section heading, by striking ``AND 3.'' and 
     inserting ``3, AND 4.'';
       (B) in subsection (a), by striking ``and 3'' and inserting 
     ``3, and 4'';
       (C) in subsection (b), by striking ``and 3'' and inserting 
     ``3, and 4''; and
       (D) in subsection (d), by striking ``or 3'' and inserting 
     ``3, or 4''; and
       (4) by inserting after subpart 3 the following:

             ``Subpart 4--Patsy T. Mink Fellowship Program

     ``SEC. 731. PURPOSE AND DESIGNATION.

       ``(a) Purpose.--It is the purpose of this subpart to 
     provide, through eligible institutions, a program of 
     fellowship awards to assist highly qualified minorities and 
     women to acquire the doctoral degree, or highest possible 
     degree available, in academic areas in which such individuals 
     are underrepresented for the purpose of enabling such 
     individuals to enter the higher education professoriate.
       ``(b) Designation.--Each recipient of a fellowship award 
     from an eligible institution receiving a grant under this 
     subpart shall be known as a `Patsy T. Mink Graduate Fellow'.

     ``SEC. 732. DEFINITION OF ELIGIBLE INSTITUTION.

       ``In this subpart, the term `eligible institution' means an 
     institution of higher education, or a consortium of such 
     institutions, that offers a program of postbaccalaureate 
     study leading to a graduate degree.

     ``SEC. 733. PROGRAM AUTHORIZED.

       ``(a) Grants by Secretary.--
       ``(1) In general.--The Secretary shall award grants to 
     eligible institutions to enable such institutions to make 
     fellowship awards to individuals in accordance with the 
     provisions of this subpart.
       ``(2) Priority consideration.--In awarding grants under 
     this subpart, the Secretary shall consider the eligible 
     institution's prior experience in producing doctoral degree, 
     or highest possible degree available, holders who are 
     minorities and women, and shall give priority consideration 
     in making grants under this subpart to those eligible 
     institutions with a demonstrated record of producing 
     minorities and women who have earned such degrees.
       ``(b) Applications.--
       ``(1) In general.--An eligible institution that desires a 
     grant under this subpart shall submit an application to the 
     Secretary at such time, in such manner, and containing such 
     information as the Secretary may require.
       ``(2) Applications made on behalf.--
       ``(A) In general.--The following entities may submit an 
     application on behalf of an eligible institution:
       ``(i) A graduate school or department of such institution.
       ``(ii) A graduate school or department of such institution 
     in collaboration with an undergraduate college or university 
     of such institution.
       ``(iii) An organizational unit within such institution that 
     offers a program of postbaccalaureate study leading to a 
     graduate degree, including an interdisciplinary or an 
     interdepartmental program.
       ``(iv) A nonprofit organization with a demonstrated record 
     of helping minorities and women earn postbaccalaureate 
     degrees.
       ``(B) Nonprofit organizations.--Nothing in this paragraph 
     shall be construed to permit the Secretary to award a grant 
     under this subpart to an entity other than an eligible 
     institution.
       ``(c) Selection of Applications.--In awarding grants under 
     subsection (a), the Secretary shall--
       ``(1) take into account--
       ``(A) the number and distribution of minority and female 
     faculty nationally;
       ``(B) the current and projected need for highly trained 
     individuals in all areas of the higher education 
     professoriate; and

[[Page 11864]]

       ``(C) the present and projected need for highly trained 
     individuals in academic career fields in which minorities and 
     women are underrepresented in the higher education 
     professoriate; and
       ``(2) consider the need to prepare a large number of 
     minorities and women generally in academic career fields of 
     high national priority, especially in areas in which such 
     individuals are traditionally underrepresented in college and 
     university faculties.
       ``(d) Distribution and Amounts of Grants.--
       ``(1) Equitable distribution.--In awarding grants under 
     this subpart, the Secretary shall, to the maximum extent 
     feasible, ensure an equitable geographic distribution of 
     awards and an equitable distribution among public and 
     independent eligible institutions that apply for grants under 
     this subpart and that demonstrate an ability to achieve the 
     purpose of this subpart.
       ``(2) Special rule.--To the maximum extent practicable, the 
     Secretary shall use not less than 50 percent of the amount 
     appropriated pursuant to section 736 to award grants to 
     eligible institutions that--
       ``(A) are eligible for assistance under title III or title 
     V; or
       ``(B) have formed a consortium that includes both non-
     minority serving institutions and minority serving 
     institutions.
       ``(3) Allocation.--In awarding grants under this subpart, 
     the Secretary shall allocate appropriate funds to those 
     eligible institutions whose applications indicate an ability 
     to significantly increase the numbers of minorities and women 
     entering the higher education professoriate and that commit 
     institutional resources to the attainment of the purpose of 
     this subpart.
       ``(4) Number of fellowship awards.--An eligible institution 
     that receives a grant under this subpart shall make not less 
     than 15 fellowship awards.
       ``(5) Reallotment.--If the Secretary determines that an 
     eligible institution awarded a grant under this subpart is 
     unable to use all of the grant funds awarded to the 
     institution, the Secretary shall reallot, on such date during 
     each fiscal year as the Secretary may fix, the unused funds 
     to other eligible institutions that demonstrate that such 
     institutions can use any reallocated grant funds to make 
     fellowship awards to individuals under this subpart.
       ``(e) Institutional Allowance.--
       ``(1) In general.--
       ``(A) Number of allowances.--In awarding grants under this 
     subpart, the Secretary shall pay to each eligible institution 
     awarded a grant, for each individual awarded a fellowship by 
     such institution under this subpart, an institutional 
     allowance.
       ``(B) Amount.--Except as provided in paragraph (3), an 
     institutional allowance shall be in an amount equal to, for 
     academic year 2006-2007 and succeeding academic years, the 
     amount of institutional allowance made to an institution of 
     higher education under section 715 for such academic year.
       ``(2) Use of funds.--Institutional allowances may be 
     expended in the discretion of the eligible institution and 
     may be used to provide, except as prohibited under paragraph 
     (4), academic support and career transition services for 
     individuals awarded fellowships by such institution.
       ``(3) Reduction.--The institutional allowance paid under 
     paragraph (1) shall be reduced by the amount the eligible 
     institution charges and collects from a fellowship recipient 
     for tuition and other expenses as part of the recipient's 
     instructional program.
       ``(4) Use for overhead prohibited.--Funds made available 
     under this subpart may not be used for general operational 
     overhead of the academic department or institution receiving 
     funds under this subpart.

     ``SEC. 734. FELLOWSHIP RECIPIENTS.

       ``(a) Authorization.--An eligible institution that receives 
     a grant under this subpart shall use the grant funds to make 
     fellowship awards to minorities and women who are enrolled at 
     such institution in a doctoral degree, or highest possible 
     degree available, program and--
       ``(1) intend to pursue a career in instruction at--
       ``(A) an institution of higher education (as the term is 
     defined in section 101);
       ``(B) an institution of higher education (as the term is 
     defined in section 102(a)(1));
       ``(C) an institution of higher education outside the United 
     States (as the term is described in section 102(a)(2)); or
       ``(D) a proprietary institution of higher education (as the 
     term is defined in section 102(b)); and
       ``(2) sign an agreement with the Secretary agreeing to 
     begin employment at an institution described in paragraph (1) 
     not later than 5 years after receiving the doctoral degree or 
     highest possible degree available, and to be employed by such 
     institution for 1 year for each year of fellowship assistance 
     received under this subpart.
       ``(b) Failure To Comply.--If an individual who receives a 
     fellowship award under this subpart fails to comply with the 
     agreement signed pursuant to subsection (a)(2), then the 
     Secretary shall do 1 or both of the following:
       ``(1) Require the individual to repay all or the applicable 
     portion of the total fellowship amount awarded to the 
     individual by converting the balance due to a loan at the 
     interest rate applicable to loans made under part B of title 
     IV.
       ``(2) Impose a fine or penalty in an amount to be 
     determined by the Secretary.
       ``(c) Waiver and Modification.--
       ``(1) Regulations.--The Secretary shall promulgate 
     regulations setting forth criteria to be considered in 
     granting a waiver for the service requirement under 
     subsection (a)(2).
       ``(2) Content.--The criteria under paragraph (1) shall 
     include whether compliance with the service requirement by 
     the fellowship recipient would be--
       ``(A) inequitable and represent a substantial hardship; or
       ``(B) deemed impossible because the individual is 
     permanently and totally disabled at the time of the waiver 
     request.
       ``(d) Amount of Fellowship Awards.--Fellowship awards under 
     this subpart shall consist of a stipend in an amount equal to 
     the level of support provided to the National Science 
     Foundation graduate fellows, except that such stipend shall 
     be adjusted as necessary so as not to exceed the fellow's 
     tuition and fees or demonstrated need (as determined by the 
     institution of higher education where the graduate student is 
     enrolled), whichever is greater.
       ``(e) Academic Progress Required.--An individual student 
     shall not be eligible to receive a fellowship award--
       ``(1) except during periods in which such student is 
     enrolled, and such student is maintaining satisfactory 
     academic progress in, and devoting essentially full time to, 
     study or research in the pursuit of the degree for which the 
     fellowship support was awarded; and
       ``(2) if the student is engaged in gainful employment, 
     other than part-time employment in teaching, research, or 
     similar activity determined by the eligible institution to be 
     consistent with and supportive of the student's progress 
     toward the appropriate degree.

     ``SEC. 735. RULE OF CONSTRUCTION.

       ``Nothing in this subpart shall be construed to require an 
     eligible institution that receives a grant under this 
     subpart--
       ``(1) to grant a preference or to differentially treat any 
     applicant for a faculty position as a result of the 
     institution's participation in the program under this 
     subpart; or
       ``(2) to hire a Patsy T. Mink Fellow who completes this 
     program and seeks employment at such institution.

     ``SEC. 736. AUTHORIZATION OF APPROPRIATIONS.

       ``There is authorized to be appropriated to carry out this 
     subpart $25,000,000 for fiscal year 2006 and such sums as may 
     be necessary for each of the 5 succeeding fiscal years.''.

     SEC. 6. COST OF ATTENDANCE FOR STUDENTS WITH 1 OR MORE 
                   DEPENDENTS.

       Section 472 of the Higher Education Act of 1965 (20 U.S.C. 
     1087ll) is amended by striking paragraph (8) and inserting 
     the following:
       ``(8) for a student with 1 or more dependents--
       ``(A) an allowance based on the estimated actual expenses 
     incurred for such dependent care, based on the number and age 
     of such dependents, except that--
       ``(i) such allowance shall not exceed the reasonable cost 
     in the community in which such student resides for the kind 
     of care provided; and
       ``(ii) the period for which dependent care is required 
     includes class-time, study-time, field work, internships, and 
     commuting time; and
       ``(B) if the student is a graduate student, an allowance 
     based on the estimated actual living expenses incurred for 
     such dependents, based on the number and age of such 
     dependents, including--
       ``(i) room and board for such dependents; and
       ``(ii) health insurance for such dependents;''.

     SEC. 7. UNSUBSIDIZED STAFFORD LOAN LIMITS FOR GRADUATE AND 
                   PROFESSIONAL STUDENTS.

       Section 428H(d)(2)(C) of the Higher Education Act of 1965 
     (20 U.S.C. 1078-8(d)(2)(C)) is amended by striking 
     ``$10,000'' and inserting ``$12,000''.

     SEC. 8. ALLOWANCE OF ROOM, BOARD, AND SPECIAL NEEDS SERVICES 
                   IN THE CASE OF SCHOLARSHIPS AND TUITION 
                   REDUCTION PROGRAMS WITH RESPECT TO HIGHER 
                   EDUCATION.

       (a) In General.--Paragraph (1) of section 117(b) of the 
     Internal Revenue Code of 1986 (defining qualified 
     scholarship) is amended by inserting before the period at the 
     end the following: ``or, in the case of enrollment or 
     attendance at an eligible educational institution, for 
     qualified higher education expenses''.
       (b) Definitions.--Subsection (b) of section 117 of such 
     Code is amended by adding at the end the following new 
     paragraph:
       ``(3) Qualified higher education expenses; eligible 
     educational institution.--The terms `qualified higher 
     education expenses' and `eligible educational institution' 
     have the meanings given such terms in section 529(e).''.
       (c) Tuition Reduction Programs.--Paragraph (5) of section 
     117(d) of such Code (relating to special rules for teaching 
     and research assistants) is amended by striking ``shall be 
     applied as if it did not contain the phrase `(below the 
     graduate level)'.'' and inserting ``shall be applied--

[[Page 11865]]

       ``(A) as if it did not contain the phrase `(below the 
     graduate level)', and
       ``(B) by substituting `qualified higher education expenses' 
     for `tuition' the second place it appears.''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to expenses paid after December 31, 2004 (in 
     taxable years ending after such date), for education 
     furnished in academic periods beginning after such date.

     SEC. 9. PROGRAM FUNDING THROUGH TAX-EXEMPT SECURITIES.

       (a) Special Allowances.--
       (1) Technical correction.--Section 2 of the Taxpayer-
     Teacher Protection Act of 2004 (Public Law 108-409; 118 Stat. 
     2299) is amended in the matter preceding paragraph (1) by 
     inserting ``of the Higher Education Act of 1965'' after 
     ``Section 438(b)(2)(B)''.
       (2) In general.--Section 438(b)(2)(B) of the Higher 
     Education Act of 1965 (20 U.S.C. 1087-1(b)(2)(B)) (as amended 
     by section 2 of the Taxpayer-Teacher Protection Act of 2004) 
     is amended--
       (A) in clause (iv), by striking ``1993, or refunded after 
     September 30, 2004, and before January 1, 2006, the'' and 
     inserting ``1993, or refunded on or after the date of 
     enactment of the Taxpayer-Teacher Protection Act of 2004, 
     the''; and
       (B) by striking clause (v) and inserting the following:
       ``(v) Notwithstanding clauses (i) and (ii), the quarterly 
     rate of the special allowance shall be the rate determined 
     under subparagraph (A), (E), (F), (G), (H), or (I) of this 
     paragraph, or paragraph (4), as the case may be, for loans--

       ``(I) originated, transferred, or purchased on or after the 
     date of enactment of the Taxpayer-Teacher Protection Act of 
     2004;
       ``(II) financed by an obligation that has matured, been 
     retired, or defeased on or after the date of enactment of the 
     Taxpayer-Teacher Protection Act of 2004;
       ``(III) which the special allowance was determined under 
     such subparagraphs or paragraph, as the case may be, on or 
     after the date of enactment of the Taxpayer-Teacher 
     Protection Act of 2004;
       ``(IV) for which the maturity date of the obligation from 
     which funds were obtained for such loans was extended on or 
     after the date of enactment of the Taxpayer-Teacher 
     Protection Act of 2004; or
       ``(V) sold or transferred to any other holder on or after 
     the date of enactment of the Taxpayer-Teacher Protection Act 
     of 2004.''.

       (3) Rule of construction.--Nothing in the amendment made by 
     paragraph (2) shall be construed to abrogate a contractual 
     agreement between the Federal Government and a student loan 
     provider.
       (b) Available Funds From Reduced Expenditures.--Any funds 
     available to the Secretary of Education as a result of 
     reduced expenditures under section 438 of the Higher 
     Education Act of 1965 (20 U.S.C. 1087-1) secured by the 
     enactment of subsection (a) shall be used by the Secretary to 
     carry out the programs and activities authorized under this 
     Act.
                                 ______
                                 
      By Mr. INHOFE:
  S. 1205. A bill to require a study of the effects on disadvantaged 
individuals of actions by utilities intended to reduce carbon dioxide 
emissions, and for other purposes; to the Committee on Energy and 
Natural Resources.
  Mr. INHOFE. Mr. President, today I am introducing the Ratepayers 
Protection Act of 2005. This bill will ensure that the poor and elderly 
and other groups who are disproportionately harmed by rising energy 
prices are not forced to pick up the tab for utilities that incur costs 
to control carbon dioxide.
  The science underlying the climate change theory does not justify the 
enormous expenditures mandatory climate bills would impose. Moreover, 
implementing these climate bills would have virtually no effect on 
reducing temperatures even if climate alarmists are correct. Yet those 
in our society least able to bear the costs of these mandatory schemes 
will be hit the hardest. With my bill, disadvantaged individuals will 
not be saddled with these costs.
  I understand that this bill will be referred to the Energy Committee. 
I do not plan to move this bill as stand-alone bill, however, but 
instead to offer it as an amendment to any mandatory climate bill that 
sets caps on greenhouse gases.
  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. 1205

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Ratepayers Protection Act of 
     2005''.

     SEC. 2. STUDY.

       (a) Definitions.--In this section:
       (1) Disadvantaged individual.--The term ``disadvantaged 
     individual'' means--
       (A) an individual with a disability, as defined in section 
     3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 
     12102);
       (B) a member of a family whose income does not exceed the 
     poverty line, as defined in section 673 of the Community 
     Services Block Grant Act (42 U.S.C. 9902);
       (C) an individual who belongs to a minority group;
       (D) a senior citizen; and
       (E) other disadvantaged individuals.
       (2) Utility.--The term ``utility'' means any organization 
     that--
       (A) provides retail customers with electricity services; 
     and
       (B) is regulated, either by price or terms of service, by 1 
     or more State utility or public service commissions.
       (b) Study.--Not later than 30 days after the date of 
     enactment of this Act, the Congressional Budget Office, in 
     consultation with other appropriate organizations, shall 
     initiate a study to determine the effect on disadvantaged 
     individuals of actions taken or considered, or likely to be 
     taken or considered, by utilities to reduce the carbon 
     dioxide emissions of the utilities.
       (c) Report.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Congressional Budget Office shall 
     submit to Congress a report that specifically describes the 
     results of the study, including the economic costs to 
     disadvantaged individuals of actions by utilities intended to 
     reduce carbon dioxide emissions.
       (2) Review period.--Congress shall have 180 days after the 
     date of receipt by Congress of the report described in 
     paragraph (1) to review the report.
       (3) Effective date.--If the Congressional Budget Office 
     determines that there would be an additional economic burden 
     on any of the classes of disadvantaged individuals if the 
     costs of actions by utilities intended to reduce carbon 
     dioxide emissions were recovered from ratepayers, the 
     amendment made by section 3 shall take effect on the day 
     after the end of the review period described in paragraph 
     (2).

     SEC. 3. UTILITY ACTIONS TO REDUCE CARBON DIOXIDE EMISSIONS.

       The National Climate Program Act (15 U.S.C. 2901 et seq.) 
     is amended by adding at the end the following:

     ``SEC. 9. UTILITY ACTIONS TO REDUCE CARBON DIOXIDE EMISSIONS.

       ``(a) Definition of Utility.--In this section, the term 
     `utility' means any organization that--
       ``(1) provides retail customers with electricity services; 
     and
       ``(2) is regulated, either by price or terms of service, by 
     1 or more State utility or public service commissions.
       ``(b) Ratepayer Protections.--
       ``(1) In general.--No utility may recover from ratepayers 
     any costs, expenses, fees, or other outlays incurred for the 
     stated purpose by the utility to reduce carbon dioxide 
     emissions.
       ``(2) Prohibition on certain commission actions.--No State 
     utility commission, public service commission, or similar 
     entity may compel ratepayers to pay the costs, expenses, 
     fees, or other outlays incurred for the stated purpose by a 
     utility to reduce carbon dioxide emissions.
       ``(c) Shareholder Obligations Unaffected.--Nothing in this 
     section prevents the shareholders of, or other parties 
     associated with (other than ratepayers), a utility from 
     paying for any action by the utility to reduce carbon dioxide 
     emissions.''.

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