4, 2008 CONGRESSIONAL RECORD — SENATE S1519 their cars and they can’t get gasoline— based bipartisan support. I appreciate But it is essential to manufacturers that well, in any kind of natural disaster the effort all of our colleagues have they are able to plan on the 35 miles per gal- such as that, people really rely on done, but I did want to single out Sen- lon standard in 2020. We must resolve now with the sponsors of this legislation in the these portable generators to provide ator BILL NELSON, who has been so in- Senate any ambiguity that could arise in the electricity. Unfortunately, every year, strumental in moving this forward. future when EPA issues new rules to regu- a number of people are severely injured Mr. President, if there is no one else late greenhouse gas emissions from vehicles or killed by the carbon monoxide poi- who is planning on speaking, I suggest pursuant to its authority under the Clean soning that results from improper gen- the absence of a quorum. Air Act so that our manufacturers can have erator use. They crank this thing up in The PRESIDING OFFICER (Mr. NEL- certainty. With that in mind, I want to clar- an enclosed room, and they ultimately SON of Florida). The clerk will call the ify both Senator Inouye’s and Senator Fein- are harmed or killed as a result of car- roll. stein’s understanding and interpretation of The assistant legislative clerk pro- what the Congress is doing in this legislation bon monoxide. and to clarify their agreement that we want Section 32 of the CPSC Reform Act ceeded to call the roll. all Federal regulations in this area to be requires the CPSC to complete a long- Mr. PRYOR. Mr. President, I ask consistent. We do not want to enact this leg- pending rulemaking on portable gener- unanimous consent that the order for islation today only to find later that we have ator carbon monoxide poisoning within the quorum call be rescinded. not been sufficiently diligent to avoid any 18 months of the enactment. When this The PRESIDING OFFICER. Without conflicts in the future. rule is finalized, it is going to require objection, it is so ordered. The Environmental Protection Agency has authority under the Clean Air Act to regu- new technologies to stop these trage- Mr. PRYOR. Mr. President, it looks as if we are at the close of our business late greenhouse gas emissions from vehicles dies, and it will save lives. It is a won- and to delegate that authority, as the agen- der that the CPSC hadn’t already done today. Tomorrow, I look forward to re- cy deems appropriate, to the State of Cali- this when folks such as myself are ar- turning to the consideration of S. 2663, fornia. This authority was recently upheld ticulating what has happened with the the Consumer Product Safety Commis- by the U.S. Supreme Court, and it is not our deaths in the aftermath of a hurricane sion Reform Act. purpose today to attempt to change that au- and have asked them to do it. Now we f thority or to undercut the decision of the Supreme Court. We simply want to make are going to bring it to fruition be- COLLOQUES REGARDING H.R. 6 clear that it is Congressional intent in this cause it is going to be required under Mr. LEVIN. Mr. President, I have bill that, with respect to regulation of green- this legislation. been asked about the timing of the col- house gas emissions, any future regulations I again thank my colleague, Senator issued by the Environmental Protection loquy that I entered into with Senators PRYOR, who is shepherding this legisla- Agency to regulate greenhouse gas emissions tion through a tortuous legislative INOUYE and FEINSTEIN on December 13, from vehicles be consistent with the Depart- process. I hope all of our colleagues 2007, during consideration of H.R. 6, the ment of Transportation’s new fuel economy will join in supporting this critical leg- Energy Independence and Security Act regulations that will reach an industry fleet islation. of 2007. wide level by 35 miles per gallon by 2020. Immediately prior to the vote on clo- Does the Senator from California and Mr. President, I yield the floor, and I original sponsor of this legislation, Mrs. suggest the absence of a quorum, un- ture, on the motion to concur with an amendment to the House amendment Feinstein, agree with my view that the in- less the Senator from Arkansas—it tent of this language is for EPA regulations looks as if his eloquent self is rising to to the Senate amendment to the text on greenhouse gas emissions from vehicles to speak. of H.R. 6, I was recognized on the Sen- be consistent with the direction of Congress The PRESIDING OFFICER. The Sen- ate floor and requested and obtained in this 35 miles per gallon in 2020 legislation ator from Arkansas is recognized. consent ‘‘that a colloquy between my- and consistent with regulations issued by Mr. PRYOR. Mr. President, before self, Senator Inouye and Senator Fein- the Department of Transportation to imple- stein be inserted in the record at this ment this legislation? my dear colleague from Florida leaves Mrs. FEINSTEIN. Yes, of course, we have the floor, I would like to acknowledge point.’’ Agreement among the three of us on worked hard to come together on this legis- his work on this legislation. He has lation directing NHTSA to issue new fuel been a real go-to guy on these toy the content of that colloquy was crit- economy regulations to reach an industry issues. In fact, he had filed a bill—be- ical to both my vote for cloture and my fleet wide level of 35 miles per gallon by 2020, fore we even filed our bill that became later vote for final passage, as I indi- and it is our intent in the bill before us that the committee bill, he filed a bill that cated in my own statement prior to all Federal regulations in this area be con- basically—I don’t want to say we took final passage that was submitted later sistent with our 35 miles per gallon in 2020 in the day. The colloquy between Sen- language. verbatim, but we took large pieces of it Mr. LEVIN. I thank the Senator for her ator INOUYE, Senator FEINSTEIN, and and all the concepts of it and incor- clarification of her intent. porated his legislation, and it really me read in its entirety, as follows: Does the chairman of the Commerce Com- became the bedrock piece of the com- NHTSA REGULATIONS ON FUEL ECONOMY mittee, the distinguished Senator from Ha- mittee bill, which has now been amend- Mr. LEVIN. Mr. President, I support this waii, Mr. Inouye, agree with my under- ed and substituted, and now it is the bill and, in particular, the provisions that re- standing of the intent of this bill that any regulations issued by the Environmental bipartisan bill the Senate is working quire the Department of Transportation, through the National Highway Traffic Safety Protection Agency be consistent with the di- on. So Senator BILL NELSON of Florida Administration, NHTSA, to set new fuel rection of Congress in this legislation and really deserves a lot of credit for help- economy standards for vehicles that will regulations issued by the Department of ing to get the ball rolling and getting reach an industry fleet wide level of 35 miles Transportation to implement this legisla- things moving in the right direction. per gallon by 2020 based on my under- tion? In fact, we have so many colleagues standing that these new Federal standards Mr. INOUYE. Yes. I agree that it is very who have helped in this process, and I will not be undercut in the future by regula- important that all Federal regulations in will thank them more as the week goes tions issued by the Environmental Protec- this area be consistent and that we provide clear direction to the agency that has re- on. But I think of SUSAN COLLINS of tion Agency regulating greenhouse gas emis- sions from vehicles. sponsibility for setting fuel economy stand- Maine, who came in probably, I don’t I believe that we have taken historic steps ards, the Department of Transportation. know, several months ago—I don’t re- in this legislation by putting in place ambi- Mr. LEVIN. I thank my distinguished col- member exactly when—and she had a tious but achievable fuel economy standards league from Hawaii, Mr. Inouye, for his clari- very important role. Of course, Senator that will reduce our Nation’s fuel consump- fication. STEVENS really worked hard to make tion and greenhouse gas emissions. In this With the colloquy accepted and this bipartisan. Both of them are Re- legislation, the Senate and House have come placed in the CONGRESSIONAL RECORD, I publican cosponsors. together and established the appropriate voted to invoke cloture. Sometime Again, for all of the Senators who are level of fuel economy standards and have di- after the vote on cloture, later in the listening, I would love to talk to more rected NHTSA to implement that through day, a separate colloquy between Sen- new regulations. In this legislation, the Con- Republican Senators about maybe pos- gress has agreed that the appropriate level of ator FEINSTEIN and Senator INOUYE was sibly becoming cosponsors in the next fuel economy to reach is 35 miles per gallon inserted in the CONGRESSIONAL RECORD. day or two because, as we saw from the in 2020, or an increase of 10 miles per gallon It was placed in the RECORD imme- vote tonight, this bill does have broad- in 10 years. diately following the Levin-Feinstein-

VerDate Aug 31 2005 02:46 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G04MR6.059 S04MRPT1 smartinez on PRODPC61 with SENATE S1520 CONGRESSIONAL RECORD — SENATE March 4, 2008 Inouye colloquy, quoted above, al- I agree with the Supreme Court’s view of positive force in society. They hope to though it was, in fact, presented for in- consistency. There is no reason to think the achieve their objective by focusing this clusion in the RECORD at a later point two agencies cannot both administer their year on improving parental involve- obligations and yet avoid inconsistency. in the day, as noted by Senator INOUYE ment in athletics, encouraging parents The U.S. District Court for the Eastern in the second sentence of the Inouye- District of California in Central Valley to be good sports on the sidelines so Feinstein colloquy. Their colloquy Chrysler-Jeep v. Goldstone has reiterated they can be good models of ethical be- reads as follows: this point in finding that if approved by havior for their children. AGENCY MANAGEMENT EPA, California’s standards are not pre- I am proud that Rhode Island is the Mr. INOUYE. Mr. President, I have worked empted by the Energy Policy Conservation home base of this program, and I hope for many months with the Senior Senator Act. it enjoys continued success. from California and the original sponsor of Title I of the Energy Security and Inde- f this legislation, Mrs. Feinstein, to draft a pendence Act of 2007, H.R. 6, provides clear sound policy to increase fuel economy stand- direction to the Department of Transpor- TRIBUTE TO JOHNNIE CARR tation, in consultation with the Department ards in our country. I stated earlier today Mr. SESSIONS. Mr. President, it is that ‘‘all Federal regulations in this area be of Energy and the Environmental Protection consistent.’’ I wholly agree with that notion, Agency, to raise fuel economy standards. with sadness that today I note the loss in that these agencies have two different By taking this action, Congress is con- of a great American and a hero of the missions. The Department of Transportation tinuing DOT’s existing authority to set vehi- , Mrs. Johnnie has the responsibility for regulating fuel cle fuel economy standards. Importantly, the Carr. economy, and should enforce the Ten-in-Ten separate authority and responsibility of the Mrs. Carr passed away in Mont- Fuel Economy Act fully and vigorously to U.S. Environmental Protection Agency to gomery on February 22, 2008, at the age save oil in the automobile fleet. The Envi- regulate vehicle greenhouse gas emissions of 97, but her lifelong struggle for ronmental Protection Agency has the re- under the Clean Air Act is in no manner af- equality in America will be an inspira- sponsibility to protect public health. These fected by this legislation as plainly provided two missions can and should co-exist with- for in section 3 of the bill addressing the re- tion for many years to come. out one undermining the other. There are lationship of H.R. 6 to other laws. I had the great privilege to know numerous examples in the executive branch I fought for section 3. I have resisted all ef- Mrs. Carr personally. I was always where two or more agencies share responsi- forts to add legislative language requiring struck by her deep faith and commit- bility over a particular issue. The Federal ‘‘harmonization’’ of these EPA and NHTSA ment to improving our State. She was Trade Commission and the Federal Commu- standards. This language could have required an independent thinker, and her re- nications Commission both oversee tele- that EPA standards adopted under section markable strength served her well as a marketing practices and the Do-Not-Call 202 of the Clean Air Act reduce only the air leader. list. pollution emissions that would already re- The FTC also shares jurisdiction over anti- sult from NHTSA fuel economy standards, Mrs. Carr lived all her life in Mont- trust enforcement with the Department of effectively making the NHTSA fuel economy gomery, where she was a foot soldier in Justice. Under the current CAFE system, the standards a national ceiling for the reduc- the fight for equality. She was a found- Department of Transportation and the Envi- tion of pollution. Our legislation does not es- ing member of the Montgomery Im- ronmental Protection Agency work together. tablish a NHTSA ceiling. It does not mention provement Association, an organiza- DOT enforces the CAFE standards, and the the Clean Air Act, so we certainly do not in- tion that proved instrumental in the EPA tests vehicles for compliance and fuel tend to strip EPA of its wholly separate important civil rights events in Ala- economy labels on cars. The President him- mandate to protect the public health and bama during the 1950s and 1960s. self foresaw these agencies working together welfare from air pollution. and issued an Executive Order on May 14, To be clear, Federal standards can avoid Carr was the schoolmate, friend, and 2007, to coordinate the agencies on reducing inconsistency according to the Supreme partner of , who was the re- automotive greenhouse gas emissions. The Court, while still fulfilling their separate cipient of the Congressional Gold DOT and the EPA have separate missions mandates. Medal and who was honored, 2 years that should be executed fully and respon- f ago, by having her body lie in honor in sibly. I believe it is important that we en- the Rotunda of the U.S. Capitol. sure that the agencies are properly managed NATIONAL SPORTSMANSHIP DAY , lawyer for Dr. Martin Lu- by the executive branch, as has been done Mr. REED. Mr. President, today ther King, Jr., and author of ‘‘Bus Ride with several agencies with shared jurisdic- tion for decades. I plan on holding hearings marks the 18th annual National to Justice,’’ a valuable history of the next session to examine this issue fully. Sportsmanship Day. This initiative, civil rights movement in Alabama, Mrs. FEINSTEIN. I would like to thank the largest of its kind in the world, is points out that Johnnie Carr was one the chairman of the Commerce Committee, a program of the Institute for Inter- of the organizers of the bus protest. and I would like to clarify what I believe to national Sport based at the University Gray eloquently notes that her boycott be the intent of the legislation I sponsored to of Rhode Island. Since 1991, the pro- ‘‘Set in motion the modern civil rights increase fuel economy standards in the gram has promoted the highest ideals movement and gave birth to a world . The legislation increasing the fuel econ- of sportsmanship and fair play among leader, Dr. Martin Luther King, Jr., a omy standards of vehicles by 10 miles per not only the young people of Rhode Is- future Nobel Peace Prize Laureate.’’ gallon over 10 years does not impact the au- land but also among youth in every That protest succeeded as a result of thority to regulate tailpipe emissions of the other State and, indeed, around the unified African-American community EPA, California, or other States, under the world. This year alone over 7 million leaders like Johnnie Carr. Clean Air Act. children in more than 14,000 schools Later, in 1964, Carr became the lead The intent was to give NHTSA the ability throughout the United States and plaintiff in the historic school desegre- to regulate fuel efficiency standards of vehi- cles, and increase the fleetwide average to at countries as diverse as Ghana, Nigeria, gation case, Carr v. the Montgomery least 35 miles per gallon by 2020. India, Australia, and Bermuda, will cel- Board of Education, a victory for color- There was no intent in any way, shape, or ebrate National Sportsmanship Day. blind public education and one of many form to negatively affect, or otherwise re- Our appreciation of sports is deep- important cases heard by U.S. District strain, California or any other State’s exist- rooted. The ancient Greeks, for exam- Judge Frank M. Johnson. Indeed, this ing or future tailpipe emissions laws, or any ple, recognized ‘‘a sound mind in a case was the first time that the U.S. future EPA authority on tailpipe emissions. sound body’’ as the foundation of a The two issues are separate and distinct. Supreme Court approved ‘‘quotas, As the Supreme Court correctly observed good education. But a complete indi- goals, and time-tables’’ as corrections in Massachusetts v. EPA, the fact ‘‘that DOT vidual not only develops the mind and for past discrimination, Gray writes. sets mileage standards in no way licenses body, he or she also develops and exhib- She committed her entire life to EPA to shirk its environmental responsibil- its fairness and honesty, key elements equality and her faith, which provided ities. EPA has been charged with protecting of sportsmanship. her the courage to make a difference. the public’s health and welfare, a statutory This year, Jackie Joyner-Kersee, the It is fitting that Mrs. Carr followed obligation wholly independent of DOT’s man- famed Olympic Gold medalist, serves Dr. King as president of the Mont- date to promote energy efficiency. The two obligations may overlap, but there is no rea- as chair of the National Sportsmanship gomery Improvement Association. For son to think the two agencies cannot both Day program. She and the program’s more than four decades she led cam- administer their obligations and yet avoid founder, Dan Doyle, remain committed paigns to promote voter registration inconsistency.’’ to the goal of making sports a more and integrate public facilities.

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