Displaced Citizens Voter Protection Act of 2005

Mr. President, our Nation's history is not only one of growing prosperity, opportunity, and the steady progress of a free and industrious society, but it is also uniquely identified by the challenges that we have faced and overcome. Sometimes, these challenges have been natural disasters--earthquakes, floods, and hurricanes that have devastated entire towns and cities, uprooted communities, and tragically killed hundreds, if not thousands, of people. Disasters such as the Galveston Hurricane of 1900, the 1906 San Francisco earthquake, the Great Flood of 1927, and Hurricane Camille are the first ones that come to mind, although there are others that we could also add to this list of superdisasters.

Unfortunately, it now appears that the list of these superdisasters has gotten longer. In a number of respects, the devastation inflicted by Hurricane Katrina has so far exceeded any natural disaster that our country has faced: the official death toll is around 1,000 and could go higher; approximately 90,000 square miles, nearly the size of the United Kingdom, has been impacted; a city of nearly half a million was almost entirely emptied; as many as 1 million jobs have been directly affected; and recovery and reconstruction costs could go to as high as $200 billion, if not more. Figures aside, the tragic and widespread devastation that this storm has wreaked is apparent to anyone who has watched news footage from the golf coast region. The images are heart wrenching, and our prayers go out to those who have suffered and have lost loved ones.

Weeks after Hurricane Katrina hit the gulf coast region, Hurricane Rita brought further devastation to areas that were either already impacted or to areas further south and to the west. Although not as powerful as Katrina, Rita dealt a strong blow to many communities. Lives were lost, entire neighborhoods were completely destroyed, and many families were displaced. Again, we extend our prayers and wishes to those who were directly affected by this storm.

While the combined impact of Hurricanes Katrina and Rita is similar to other superdisasters, it also unprecedented in a few key aspects. In particular, the Federal Government is now expected to play, and is playing, a significant role in the response and recovery efforts. This is partly due to the significant growth in the Federal Government over the past 100 years. Back in 1900 when the Galveston Hurricane occurred, there were only eight executive departments in the entire government-- the Department of Commerce, the Department of Labor, the Department of Health and Human Services, HUD, the U.S. Coast Guard, the EPA, FEMA, and, of course, the Department of Homeland Security had yet to be established. Today, the federal government is much more expansive than

when previous superdisasters took place, and it now delivers a wide array of services and benefits that Americans have come to expect.

In response, President Bush and Congress have approved the spending of billions in Federal funds, unleashing an outpouring of federal aid, assets, and manpower. Over the past 2 weeks, Congress already has approved over $61 billion in supplemental appropriations, and it is contemplating the spending of additional federal funds. Almost every executive department and Federal agency is taking part, taxpayer funds are being doled out to contractors and State and local authorities, and the future of the gulf coast region and millions of its residents is being shaped daily by this massive effort. While mistakes have been made at all levels, we now have the opportunity to make sure that mistakes are not repeated and that we do not come out of this whole experience wondering where all the money went and whether we did the best we can to respond to this challenge.

My Senate colleagues and I have been discussing various proposals for how the federal recovery effort should be managed. I believe that history can be of help--for instance, we can learn from the Great Flood of 1927, a natural disaster that killed hundreds in seven states and flooded around 27,000 square miles. In response, President Coolidge appointed Secretary of Commerce Herbert Hoover to coordinate relief across eight different agencies, the Red Cross, and other organizations. While the relief effort had its flaws, I believe that Coolidge's appointment of a lead director, who had substantial crisis management experience and public recognition, was a wise decision. By centralizing oversight authority over the entire effort under such a central person, Coolidge's appointment of Hoover helped minimize friction and discoordination across agencies, ensuring that the relief response was run efficiently. The appointment also enhanced accountability since everyone knew who was in charge.

The recovery effort for Hurricanes Katrina and Rita is going to be much more complicated and multifaceted than the relief response for the Great Flood of 1927. The breadth of the destruction and the wide array of Federal departments and agencies involved--combined with the efforts of State and local authorities, nonprofit organizations, and private contractors--make the potential for bureaucratic tensions, redundancy, confusion, and waste even greater. I therefore believe that a centralized management structure is as necessary now as it was back in 1927. So, before Congress continues pouring billions of taxpayer dollars and adding additional tasks on top of the recovery effort, Congress should first make sure that a centralized management structure is in place. In particular, we need a person with impeccable credentials endowed with robust planning, operational, and budgetary authorities to be on the ground in the gulf coast region. We need to make sure that accountability is clearly assigned, not diffused. We need to make sure that the right hand knows what the left hand is doing, so to speak, and that federal funds are effectively being used to get the gulf coast region back on its feet. And we need this centralized structure as soon as possible.

As such, I am proposing the Gulf Coast Recovery and Preparedness Act of 2005, along with Senator Kennedy, which establishes the Gulf Coast Recovery and Disaster Preparedness Agency, a new agency that will be headed by a director who will oversee the entire recovery effort. The Director will be the person responsible for budgeting, overseeing, and executing the entire recovery effort to the extent that Federal resources are used. The director will also regularly report to Congress on how this effort is being conducted and will have deputies and support staff to keep track of how funds are being spent and to investigate any fraud, waste or abuse. Lastly, I recognize that we do not want the legacy of Katrina and Rita to be another layer of bureaucracy, so the legislation would make sure that the agency and the director's position are only temporary, and that it terminates within 6 years.

Within the agency, there will be essentially a planning board--named the Gulf Coast Revitalization Authority that will consist of Federal, State, and local officials, as well as representatives from affected communities. The board, which will be chaired by the director, will be tasked with creating a comprehensive plan for redeveloping the entire region impacted by Hurricanes Katrina and Rita. The plan will ensure that objectives, priorities, and critical infrastructure decisions are developed in a thoughtful and comprehensive manner before federal resources and other funds are completely committed. The authority board will also make sure that there is substantial and meaningful public participation, which is critical for making potentially difficult rebuilding and revitalization decisions. The director, who must approve the plan after it is passed by the authority, will be responsible for executing it.

Our Nation has been through a lot since Katrina and Rita hit the gulf coast, and I am continually amazed at the acts of heroism and charity that are taking place across the gulf coast region. And while the tasks ahead may be less dramatic and less attention-grabbing, I believe that it is how we address these challenges--in particular, the rebuilding of infrastructure, the provision of social services to evacuees scattered across the country, and the redevelopment of entire communities--that will truly test our Federal Government in ways that we have not seen in recent memory. In the end, I am confident that we can succeed and the gulf coast region will fully recover and thrive. Our Nation's history has shown how well Americans perform in the face of challenges. However, we must not simply expect this success nor expect that throwing around billions of dollars will necessarily achieve it. Instead, Congress must take action now to ensure that the recovery effort is managed efficiently and effectively. By setting into place such a management structure, I believe that we will be able to look back at these difficult times and be proud of how we handled the public's trust and the taxpayers' money. This is what the American people have elected us to do, and I know that it can be done if we make the right choices right now.

I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, when I last spoke on the Senate floor about Hurricane Katrina, I spoke of my visit to the region--to Louisiana and Mississippi--where I witnessed first hand the devastation to these communities. Entire blocks were left bare to their foundations where families once lived. Schools and hospitals were destroyed. Power lines were draped over fallen trees and there was water everywhere. Roads were washed out and bridges were destroyed. Much of the great city of New Orleans was under water. It was beyond what any of us could have imagined.

Seeing the Gulf Coast in such a state has deeply touched me and my family

in deeply personal ways. My wife Vicki and her strong and wonderful family are from Louisiana. She went to school in Louisiana, attending Tulane University, and considers New Orleans her second home.

It has now been more than a month since Hurricane Katrina first hit the Gulf Coast. Hurricane Rita wreaked further havoc on the region. And although the emergency phase of the response may be over, we now face the extraordinary challenge of rebuilding this region and restoring people's lives.

Relief workers and agencies have been working tirelessly to clear debris, and connect evacuees to services and temporary housing. Just this week, New Orleans has finally been drained of all water left standing in the city. Health workers are working to address the public health challenges and the ongoing health needs of the evacuees. And States across the country continue to work with evacuees in their area to help them with housing, jobs and services.

Relief and recovery efforts have revealed that we have our work cut out for us. Thousands of homes were destroyed and more have water marks to the ceilings, mold and severe structural damage are everywhere. Entire schools and hospitals must be rebuilt. Roads and bridges that were washed out must be replaced. Museums with artifacts of the rich cultural tradition of the region have been damaged. Much of what has made these cities and towns vibrant has been destroyed and kept residents away from their beloved communities.

We need to make these communities whole again. We need to make them stronger and healthier. We need to build the roads and bridges that will bring the many evacuees home to quality, permanent homes, and get their children back to their schools.

We must rebuild the region thoughtfully and swiftly. We owe it to the residents of the region who want to come home. And we owe it to the thousands of relief workers, charities, and businesses that have come together to make the region and its residents safe and secure.

It is up to us in Congress to ensure that the region is equipped to rebuild. The residents of the Gulf Coast and New Orleans take pride in their cities and towns and they want to lead the way in reviving their own communities. But they desperately need our help. That is why today, Senator Gregg and I are introducing the Gulf Coast Recovery and Disaster Preparedness Act.

We need a response that is as good and generous as the American people but our existing disaster relief structures are not equipped for this monumental task.

The primary focus of our Department of Homeland Security is to protect the Nation from terrorism, and it is imperative for that work to go on unimpeded. And FEMA is primarily a rapid response agency whose first responsibility is to provide relief in the immediate aftermath of a disaster.

Given the enormity of the number of people displaced by Hurricanes Katrina and Rita, the rebuilding will be an all-consuming task. And if it is to take place as rapidly as possible, it requires the creation of a new Federal entity to be an effective partner in that effort.

Our bill creates a Gulf Coast Recovery and Disaster Preparedness Agency to aid in the work of rebuilding the region. The enormous Federal investment that will be needed to revitalize the region would be channeled through this agency. Estimates of the cost of rebuilding the region are as high as $200 billion. We need someone who will be responsible for the coordinated deployment of these dollars.

The agency will be headed by a Director, an eminent, nonpartisan person with demonstrated leadership in large organizations. It will take strong leadership that has the attention of the President to coordinate redevelopment efforts and cut through the redtape to ensure that Federal funds are deployed swiftly, efficiently and effectively.

Under our bill, the President appoints the Director with the advice and consent of the Senate. The Director will have overall control of Federal funding, personnel, and assets used for rebuilding the region.

The Director of the Gulf Coast Recovery and Disaster Preparedness Agency will work with an Authority, composed primarily of residents from the affected area, that will develop a comprehensive plan for rebuilding the region.

Governors, mayors, community leaders, business and non-profit leaders, citizens and the Federal Government will be able to sit around the same table to develop a common blueprint for reconstructing their communities and their lives.

While only the Federal Government possesses the necessary resources to rebuild the devastated areas, it is essential that State and local officials who know the area best be full partners. Local residents must share the decisionmaking authority. Creating this Authority to develop a comprehensive plan for redevelopment will guarantee that local concerns are taken seriously.

How to rebuild should not be determined by the biggest, most powerful contractors. We need to work from a shared vision for the future in which we all do our part in rebuilding the new Gulf Coast.

The rebuilding process does not merely involve reproducing in place the structures that existed prior to the hurricane and the flooding, although that alone would be an enormous task. It involves planning for the future of the affected communities.

To develop this plan, the Authority will involve the best flood control engineers, the best community and urban development specialists, planners, and experts to address rebuilding or restoring water management facilities, environmental restoration, transportation, ports, housing, schools, hospitals, utility infrastructure, other public facilities, and employment and training.

And, while we need to build water control systems and structures that will be able to withstand giant hurricanes and floods in the future, it is not just about the bricks and mortar. It is about promoting economic development and improving the quality of life for the residents of the region; it is about preserving the unique historical, cultural and architectural character of communities; and restoring the ecological resources of the region. It is about promoting access to housing, transportation, jobs and schools to residents of all incomes.

We have a chance to build the Gulf economy of the future--and in doing so improve the entire Nation's economic destiny. We have a chance to build a new economy that works for everyone--with diverse housing and more job opportunities.

We cannot wait any longer. The people of Louisiana, the people of Mississippi, Alabama and now Texas, and the many States who have taken in evacuees, cannot wait any longer. We need to act and appoint an executive who will lead recovery and redevelopment efforts and really listen to what the residents of the Gulf Coast, its community leaders, business leaders and elected officials really need.

All of those who visited the region and those who have seen images of the devastation on TV recognize that rebuilding the Gulf Coast requires an unprecedented national effort. It must be a principal focus of our national government in the months ahead and it must be done in a genuine collaboration with the people of the affected region.

I want to commend my colleague Senator Gregg who has worked very hard to ensure that we come up with a sensible way of addressing the enormous challenge of rebuilding that lies ahead.

We believe that a Gulf Coast Recovery and Disaster Preparedness Director and a Gulf Coast Revitalization Authority is the best way to combine the Federal resources and coordination with real local involvement in the decisionmaking process.

Mr. President, nearly every form of energy production requires the use of large quantities of water. Electricity production, oil and gas production, and certain renewable energy sources are all dependent on having adequate access to water. Because water availability, particularly for human consumption, is an increasingly important international and domestic issue, it is important for us to ensure that we use our water resources in the most efficient manner in the production of energy. As the world's population grows and stores of fresh water are depleted, finding additional sources of fresh water is vital to meeting our energy needs and ensuring peace and security domestically and abroad. For this reason, developing cost-effective technologies that allow us better access to water for human use and energy production is of great significance.

Electricity production is entirely dependent on the availability of water, regardless of fuel source. Much of our fossil fuel energy production is entirely dependent on having adequate access to water. Sandia National Laboratories estimates that for every barrel of oil produced, ten gallons of water are required. For this reason, ensuring an adequate supply of water, coupled with efficient use of that water supply in our energy processes, is critical to the United States' energy portfolio. Similarly, making water available to our citizens is largely dependent on energy. Transportation, distribution, acquisition and purification of water require large amounts of energy.

Providing water to meet population growth will become increasingly important in the coming years. Nearly 1.2 billion people, roughly one fifth of the world's population, live without reliable access to water. It is estimated that by 2025, roughly one-third of the world will have inadequate access to water. By 2030 there will be an additional 3 billion people. By 2025, it is estimated that the population of the Arab world will reach 600 million, twice the population of 2000. At the World Economic Forum this summer, experts testified that most of the countries in the Arab world had exhausted their water resources and that the only way to provide water is the expensive prospect of desalination. At the forum, former Jordanian water minister told those in attendance ``We are not secure about water supplies. Supplies are simply not enough . . . This is a scary issue.'' He went on to estimate that the water deficit in the Arab world will grow by more than 600 percent by 2025.

The need for renewed Federal investment to develop technologies that will ensure efficient use of scarce water resources in energy production is critically important for domestic growth and prosperity. A study by the Governmental Accountability Office stated that ``water managers in thirty-six States anticipate shortages in localities, regions, or state-wide in the next 10 years.'' In the West, the competing demands of population growth, drought, energy resources development, agricultural needs, environmental needs, and tribal interests have resulted in a paucity of available water. Unbridled population growth in the western U.S. has stretched water resources even thinner. The U.S. Census Bureau recently estimated that by 2030 Nevada will have more than four million residents, twice as many as in 2000. In a region already critically short of water and subject to the unpredictable nature of an already over-allocated Colorado River, even a mild drought could stymie growth and economic development. For this reason, we need to investigate new technologies that allow us to access additional water, and just as importantly, to use water in the most efficient ways, particularly in the production of all forms of energy.

While stories are legion about the deleterious effects of the prolonged drought in the West, including my home State of New Mexico, the availability of water is an increasingly critical issue in the eastern United States. Usable supplies of water in the east coast have been stretched thin. Despite receiving substantially more rainfall than the western U.S., much of the east coast is facing water shortages. For example, Boston, Atlanta and much of Florida are nearing the end of readily available water. Just as with our current oil and natural gas energy crisis, the answer for our looming water crisis is not just to produce more, but to foster new technologies that will both aid in more production, and just as significantly, reduce the amount of water required for energy production and other needs.

I rise today to introduce the Energy-Water Efficiency Technology Research, Development, and Transfer Program Act of 2005. The emphasis of this program is to address the inextricable relationship between energy and water. Large amounts of water are required for electric generation and oil and gas production. Additionally, large amounts of energy are required for reclaiming and transporting water. Water shortages impair our ability to meet our energy needs and conversely, energy shortages impair our ability to provide adequate supplies of water. The bill would establish an ambitious program within the National Laboratories to develop, transfer and demonstrate in real world applications energy and water efficiency technologies to meet the increased demand for water internationally and domestically. The bill establishes a merit-based competitive grant program for research grants, provides that a set percentage of funding received by the program be used to demonstrate promising technologies, and provides for research undertaken by our National Laboratories. Our National Laboratories have shown an ability to push the state of the art forward, furthering technologies such as highspeed computing, nano- technology, and advanced engineering and science. Federal investment in these areas has resulted in thousands of new technologies that benefit humanity. We now have the opportunity to direct a portion of this immense capability to solve our water and related energy issues. I have no doubt that this legislation would help to push the state of the art forward to ensure that the world has access to this life sustaining resource for years to come.

For the reasons I have articulated, renewed Federal investment in this area is of critical importance both domestically and abroad. I thank Senator Bingaman, ranking member of the Energy and Natural Resources Committee, Majority Leader Frist and Senator Alexander for being original co-sponsors of this legislation.

I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, I rise today to introduce the Gasoline Affordability and Security, GAS, Act. With the average price of gasoline at $2.86 a gallon in Pennsylvania and the national average even higher, conditions are ripe for Congress to critically examine why prices are rising and act to address those factors we can control. While we have little influence over OPEC, events in oil-exporting countries or growing demand in other nations, we can take steps to expand our shrunken refining capacity, diversify our transportation fuel supply and reduce demand.

Though critical for our Nation's energy security, the benefits of many Federal policies will take some time to realize. For this reason, my bill combines consumer protection provisions with proposals incentivizing innovative technology and conservation.

Consumers are understandably concerned that they are being taken advantage of at the pump. My bill will protect consumers by distinguishing retailers engaging in predatory business activities from those simply responding to market conditions beyond their control. Under my proposal, the Federal Trade Commission, FTC, is directed to define ``price gouging'' and set rules that they will have the authority to enforce. This provision would be effective in times of a declared energy emergency and would not be limited to a specific geographic area in which a major disaster occurs. My constituents can vigorously attest to the fact that the effects of a natural disaster on gasoline prices are not confined to that region. The damage caused by Hurricanes Katrina and Rita has affected consumers' pocketbooks nationwide.

And to better inform consumers, the FTC will be required to make available a list disclosing the name of any entity penalized under the Federal price gouging prohibition.

Twenty-eight States currently have price gouging laws on the books. In an effort to further assist States to tackle this issue, the GAS Act also directs the FTC to create a task force that will aid any state requesting assistance with the investigation of potential price gouging and provide technical assistance in reviewing or establishing state price gouging laws.

High prices are often not the result of price gouging, and consumers have a right to know what they're paying for in a gallon of gasoline. This information is available through the Energy Information Association, EIA. But because many Americans do not have Internet access or may not be able to easily extract this data, my bill encourages the EIA to disseminate, in a

manner suitable for posting, information regarding the cost components of a gallon of gasoline to individuals selling gas or diesel fuel. Retailers may then display this information for their customers.

One important strategy to combat rising fuel prices is to diversify our fuel supply. This can be accomplished through use of coal, a resource plentiful in my State of Pennsylvania and in other regions of the country. Coal-to-liquid fuel technology now enables us to use this resource in an environmentally friendly way that can greatly benefit our economy and create hundreds of jobs in Pennsylvania alone. I am proud to be a longtime supporter of this technology and other clean coal initiatives. In 2001, I was able to secure language to enable a Pennsylvania-based coal and energy company to compete for a Clean Coal Power Initiative, CCPI, grant, and I was pleased to secure a provision in the Energy bill earlier this year that helped make this project a reality. My legislation will further encourage the production of this clean fuel by dedicating funds from the CCPI to at least one additional project.

Another way all Americans can help reduce fuel prices is to reduce gasoline consumption. But the reality is that cutting back on gas, which we need to perform responsibilities as basic as going to work and getting to the grocery store, is not easy. To help encourage conservation, I am proposing a tax credit for employees who telecommute from home and for employers who make that possible. With today's advanced technology, telework should be a part of the 21st century workplace. Forty percent of our Nation's jobs are already compatible with telecommuting. It creates the best of all worlds for both employers and employees, while reducing gas consumption and emissions.

President Bush recently called on Federal agencies to cut back on unnecessary travel and look for other ways to conserve fuel. The legislative branch should make a concerted effort to do the same. We cannot expect the American people to make sacrifices that we ourselves are not willing to make. Accordingly, my bill includes language to urge Congress and legislative branch employees to conserve transportation fuel by whatever means practicable, and as a part of these efforts, promote teleworking.

It is my hope that Congress will take a hard look at this country's fuel supply and will act decisively to make us less reliant on foreign sources. This Act contains steps we can take now to protect consumers and conserve fuel, while moving towards our goal of lower prices and energy independence.

I ask unanimous consent that the text of legislation titled: the ``Gasoline Affordability and Security Act'' be printed in the Record.

Mr. President, I rise today, on behalf of myself and Senators Warner and Coburn, to introduce a bill establishing an Under Secretary for Policy within the Department of Homeland Security. This legislation would meet a critical need of the Department: an official at the highest

level of the Department to develop coherent strategies and provide comprehensive policy guidance for responding to the full range of threats to our homeland.

This past spring, soon after being confirmed as the second Secretary of Homeland Security, Secretary Chertoff conducted a top-to-bottom review of the Department. As Secretary Chertoff said at the launch of this ``Second Stage Review,'' the Congress created the Department of Homeland Security ``to do more than simply erect a big tent under which a lot of different organizations would be collected.'' Instead, the purpose of the Department is to integrate the capabilities and achieve unity of effort among a wide range of agencies and entities that are involved in protecting our homeland.

In July, Secretary Chertoff announced the results of the ``Second Stage Review'' and proposed several organizational changes aimed at further integrating the Department's many components. Chief among these proposed changes was the creation of a Senate-confirmed Under Secretary with responsibility for policy development across the Department.

Thus, in keeping with Secretary Chertoff's proposal, this legislation would create an Under Secretary for Policy who is appointed by the President with the advice and consent of the Senate. This Under Secretary would serve as the Secretary's principal policy advisor and enable the Department to develop comprehensive policies and strategies--across all of the Departments' components--to meet homeland security challenge. The Under Secretary's responsibilities would cover four key areas: policy development, strategic planning, international affairs, and private sector outreach. The policy development and strategic planning functions are new, while the international affairs and private sector outreach functions are transferred from other parts of the Department in order to consolidate the full range of policy- level functions under this Under Secretary.

We need no better reason to take up this bill than the tragic events of a month ago. Hurricane Katrina was a natural disaster, but the devastation, suffering, and deprivation left in the wake of this powerful storm were compounded by the failure of all levels of government--local, State, and Federal--to prepare and respond in a unified, integrated way. Moreover, the capabilities needed to have dealt with Hurricane Katrina are in many instances the same capabilities that are needed to protect America from terrorism.

The governmental failures highlighted by Hurricane Katrina are evidence of the need for greater integration and unity of effort within the Department. At the heart of this integration, the Department needs a stronger emphasis on policy development and strategic planning to meet the full range of threats to our homeland. Creating an Under Secretary for Policy is a critical step for ensuring that our government has a truly capable Department of Homeland Security.

I ask unanimous consent that the text of the bill establishing an Under Secretary for Policy within the Department of Homeland Security be printed in the Record.