E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 113 CONGRESS, SECOND SESSION

Vol. 160 WASHINGTON, TUESDAY, MAY 6, 2014 No. 67 Senate The Senate met at 10 a.m. and was The legislative clerk read as follows: fall. They have a great time. The chil- called to order by the President pro Motion to proceed to Calendar No. 368, S. dren run as fast as they can. Some of tempore (Mr. LEAHY). 2262, a bill to promote energy savings in resi- them get smart and do not run so fast. dential buildings and industry, and for other They wait until the pig turns around— PRAYER purposes. and they do a lot of times. But they try The Chaplain, Dr. Barry C. Black, of- SCHEDULE to scoop up this scurrying pig. It is Mr. REID. Mr. President, following fered the following prayer: really quite a spectacle, and it is a lot my remarks and those of the Repub- Let us pray. of fun to watch. There is no pain to the lican leader, the time until 11 a.m. will Eternal God, we will remember Your pig. It is kind of a painless ordeal for be equally divided and controlled be- works and Your wonders of old, medi- the pig. But it is a lot of fun, as I said. tween the two leaders or their des- tating on Your mighty acts that bless It is obvious what happens every ignees. us each day. time they grab the pig. They slip. The At 11 o’clock this morning there will pig goes on about its business, running. Lord, You have ordained that in the be a cloture vote on the motion to pro- leadership of nations the care of the They fall into the dirt. They come out ceed to the energy efficiency bill. covered with grease and dirt. But even- many will rest upon the shoulders of The Senate will recess, as we do on tually—eventually—one of these kids the few. Give our Senators this day the virtually every Tuesday, from 12:30 will wind up with the pig. Sometimes understanding, humility, and faith to p.m. to 2:15 p.m. for our weekly caucus be ambassadors of reconciliation. Lord, meetings. I would advise all Senators two kids grab the pig. They understand help them to have no anxiety about that at 2:15 p.m. today we will do our what happens, and they put the pig in anything, as they trust You to em- congressional photo that we do every 2 one of their arms, and someone comes power them to do their best. Cleanse years. So I hope everyone will make and takes the pig. But they have a the inner fountains of their hearts sure they are here on time so we have good time. from all that may defile them, sus- everyone in the photo. The vast majority of the kids never taining them always with Your mercy Additionally, there will be a Mem- touch the pig. They go away empty- and grace. bers-only briefing, a closed briefing, to- handed, for sure. And that is regardless We pray in Your great Name. Amen. night at 5:30 regarding Ukraine. I hope of how hard they try. The reason I mention this, ofttimes f everyone would come to that. There are some things going on in Ukraine we working with my Senate Republican PLEDGE OF ALLEGIANCE should all know about. colleagues, it reminds me of chasing The President pro tempore led the SLIPPERY PROGRESS one of these little pigs in a greased-pig Pledge of Allegiance, as follows: Mr. President, being from Nevada contest. Regardless of all of our efforts, I pledge allegiance to the flag of the United and having traveled the State, as I anytime we get close to making States of America, and to the Republic for have, in rural Nevada, we have rodeos. progress, it seems as though we watch which it stands, one nation under God, indi- I have been to a few rural rodeos in my it slip out of our hands and the Repub- visible, with liberty and justice for all. life. They are always a lot of fun, and licans scamper away. f it is a unique form of entertainment. It Take, for example, the legislation that is currently before the Senate— RECOGNITION OF THE MAJORITY is good for everybody, for families. One of the things a number of these the Shaheen-Portman energy effi- LEADER rodeos have around the country are ciency bill. This bill has bipartisan The PRESIDENT pro tempore. The greased-pig contests. For all those who support. We tried to do the bill a year majority leader is recognized. do not know what a greased-pig contest ago. Frankly, at that time the bill was f is, here is what it is: The organizers get good, but not nearly as good as it is a little pig—a piglet—and they cover now. It is a very substantive piece of ENERGY SAVINGS AND INDUS- this little animal with tons of grease. legislation. TRIAL COMPETITIVENESS ACT It is a greasy little pig. Then they turn From the time last year to today, the OF 2014—MOTION TO PROCEED the kids loose. They invite these chil- committee—under the direction, then, Mr. REID. Mr. President, I move to dren to chase one of these pigs. Pigs of Senator WYDEN, who was chair of proceed to Calendar No. 368, S. 2262, are a little slippery to begin with, but the committee, working with all the which is the Shaheen-Portman energy if you cover them with grease, they are members on that committee—put other efficiency legislation. really slippery. things in the bill, and the bill that is The PRESIDENT pro tempore. The These kids run around the arena try- now before the Senate is much stronger clerk will report the motion. ing to grab this pig. They grab it and than it was a year ago.

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

S2681

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VerDate Mar 15 2010 00:03 May 07, 2014 Jkt 039060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A06MY6.000 S06MYPT1 jbell on DSK7SPTVN1PROD with SENATE S2682 CONGRESSIONAL RECORD — SENATE May 6, 2014 This legislation will make our coun- ried employees in the Senate, they will ObamaCare amendment days ago, be- try more energy independent and pro- get subsidies—a lot of them. I said: fore the weekend. I think it is impor- tect our environment. It will spur the What about those who do not? He said: tant for everybody to understand, the use of energy efficiency technologies in They could buy their own insurance. minority in the Senate has had eight private homes and commercial build- These men and women who work in votes since July—eight votes since ings, at no cost to taxpayers. It is an the Senate work very hard. They July—on amendments that we wished energy efficiency bill, and it has bipar- should be treated as other employees to vote on. tisan support. around the country. Their employer We have not had a fulsome energy de- This legislation will make our coun- should help them with their insurance. bate in the Senate since 2007—7 years try more energy independent and pro- But it appears as if it is a virtual reen- ago. What we are asking for here is tect our environment. It will also save actment of last September. It seems as four or five amendments related to the consumers and taxpayers money, and though this is nothing but a game of subject of energy—one of the biggest lots of it. It will do it by lowering their diversion and obstruction to many Sen- issues in our country. That is hardly energy bills, saving about $16 billion a ate Republicans. obstructionism. It is laughable to sug- year—that is what they tell us—and it But it is not a game. Every time a gest that it is obstructionism for the will create up to 200,000 jobs that can- group of Republicans feigns interest in minority to be given four or five not be exported. bipartisanship, only to scramble away amendments on issues related to the I have commended a number of at the last moment, it is part of a cal- underlying bill, particularly since we times—and I will do it again—Senators culated political scheme. have only had eight amendment votes SHAHEEN and PORTMAN for their per- We know on the very night of Presi- on amendments that we wanted to vote sistence in bringing this bill to the dent Obama’s first inauguration, a on since last July, and we have not had floor. This is a fine piece of legislation. group of Republican political consult- a fulsome, broad-ranging energy debate But it seems, for the second time with- ants—there is some dispute as to who since 2007. in a year, passage of this bipartisan called the meeting, whether it was So I would say to my friend, the ma- legislation is in question because Sen- Frank Lutz or Karl Rove, but a meet- jority leader, I do not think there is ate Republicans keep changing their ing was held—gathered, the Repub- anything at all unreasonable about requests. This time around the minor- licans gathered, to discuss their plans what we are requesting. Far from ob- ity party seems intent on a repeat per- for regaining power after President structionism, it is about time we had a formance of last year. Obama won the election. debate on energy. We are having an en- Remember last year. The same thing. They devised a plan to oppose all leg- ergy boom in this country. It is impor- islation and all nominees in order to We want this; we want this. But the tant to our constituents all across the make President Obama and Democrats clincher we were told was that—last land. Forty-five Republicans represent look ineffective—to make our country, year—they would not vote on the bill millions of Americans. We wish to have I assume, look more ineffective. But unless we brought a bill sponsored by a chance to have our voices heard occa- their No. 1 goal was to make sure the Senator from Louisiana—the name sionally. Eight amendments for the mi- President Obama was not reelected. nority since July? This is not the way was not LANDRIEU; it would be the jun- They failed with that, but they have ior Senator from Louisiana—saying: I the Senate ought to be run. not failed at obstructing, filibustering, The PRESIDING OFFICER. The ma- demand a vote, before we do this legis- and stopping the legislative process. jority leader. lation, on doing away with the health Instead of working with us to pass Mr. REID. Responding to my friend, insurance Senate staff have. Can you meaningful legislation that helps the reason we haven’t had debates in imagine that. But that was his de- American families, Republican leader- the Senate on legislation is because mand, and it is his demand again. He ship has shown more interest in agree- Republicans won’t let us get on bills. called to tell me that. ing to nothing. So as Senate Repub- Let’s take the bill that we are talk- In order to allow us to vote on this licans continue to play hard to get ing about today. Could we step back bill, I was told before the break that with Democrats who are working in just a minute and try to do something the Republicans wanted a vote on Key- good faith, the American people’s frus- that is good for the country? Shaheen- stone—a sense-of-the-Senate resolu- tration grows. Portman is a good bill for America tion. I thought about it, and I came This bill presents a unique oppor- from last year to this year. back to them before the recess and tunity for all my Republican col- My friend can say all he wants about said: OK, we will do that. We come leagues—a chance to work with us in the junior Senator from Louisiana. Ev- back after the break, and they come to crafting and passing bipartisan legisla- eryone knows what he has done on leg- me and say: Well, we have changed our tion that will help the country. islation in the past. He called me and mind. What we want now is a straight I and my 54 Democratic colleagues told me that we weren’t going to move up-or-down vote on the legislation. have been flexible throughout this forward on this bill unless he got a That is not the agreement we had. But, process, and we hope to reach an agree- vote—what I just talked about. But anyway, I said: OK, we will do that. ment that gives both sides most of from the last time we did this bill, Well, now we are told that there are what they want. But time is running these are the amendments that are in- up to five amendments they want. And out on this good piece of legislation— corporated in this bill: Collins-Mark yesterday—last evening—I was told running out again. Udall on energy efficient schools; Ben- there is another one I never heard of. So I invite all of my Republican col- net-Ayotte, Better Buildings; Franken This is something about geothermal, leagues to work with us in good faith. amendment to require Federally leased but the extent of it I do not under- Help us pass a bill which creates jobs, buildings to benchmark energy use stand. But it is always something else. saves money, and puts our country on data; Mark Udall-Risch, amendment to We have these new provisions that the track to energy independence. promote energy efficiency in data cen- have been added to the bill to make RECOGNITION OF THE MINORITY LEADER ters; Whitehouse-Collins—every one of this legislation even stronger than last The PRESIDING OFFICER (Mr. these bipartisan—on low-income hous- year. BOOKER). The Republican leader is rec- ing retrofits; Landrieu-Wicker amend- To add further to the absurdity of ognized. ment on Energy STAR third-party what we are doing here, again the jun- Mr. REID. Mr. President, I have the testing; Landrieu-Wicker-Pryor ior Senator from Louisiana wants a floor. amendment on Federal green buildings; vote on taking away health care for Please go ahead. Hoeven-Pryor amendment on water our staffs. I said to him: But why would ENERGY AMENDMENTS heaters; Hoeven-Manchin and Isakson- you do that? He said: Well, the higher Mr. MCCONNELL. Mr. President, let Bennet amendments on energy effi- paid employees, they can probably af- me briefly make a few observations ciency in Federal and residential build- ford to get it themselves. I am para- about some of the majority leader’s ings; and the Sessions-Pryor amend- phrasing because I remember the tele- opening comments this morning. ment on third-party testing. phone conversation. He said—no, I am As he knows full well, Senator VIT- Last month SHAHEEN and PORTMAN sorry; here it is—the lower waged sala- TER dropped his request for an introduced a new version of their bill

VerDate Mar 15 2010 00:03 May 07, 2014 Jkt 039060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G06MY6.001 S06MYPT1 jbell on DSK7SPTVN1PROD with SENATE May 6, 2014 CONGRESSIONAL RECORD — SENATE S2683 incorporating all of these changes. The this. What I am pushing is the fact that with the traditions of the Senate, par- bill has 14 cosponsors, seven on each we have these career Foreign Service ticularly since we have only had 8 side. It is sponsored on the Republican officers who have waited an entire life- votes on amendments of our choosing side by Senators PORTMAN, AYOTTE, time. They have worked in these coun- in the last 7 or 8 months. I mean, good- COLLINS, HOEVEN, ISAKSON, MURKOWSKI, tries in very difficult situations. They ness gracious. There is a way to finish and WICKER; and on the Democratic have been political officers, they have this bill. It does enjoy broad bipartisan side by Senators SHAHEEN, BENNET, been economic officers, and now they support. COONS, FRANKEN, LANDRIEU, MANCHIN, get a chance to be an ambassador. It is The majority leader mentioned the and WARNER. like going to the Super Bowl in the di- President. I don’t know that his name It will be hard to find a more bipar- plomacy world, and they are not going has come up in connection with this. tisan, consensus piece of legislation. to get that. We are simply asking for the oppor- All of all of this is a bipartisan piece of I think that the American people un- tunity to debate and vote on important legislation, but always it is a shell derstand what is going on. That is why, energy amendments on an energy bill game. OK, we have got it here. I am as a result of polls we have seen, people during the pendency of the week. That trying to figure out where I put that understand the game the Republicans is all we are asking. shell. Is it here? Where is that dollar? have played for 5 years. The people are I wish to go on. I understand later Is it here? going to have to decide this November the majority leader is going to do some Mr. MCCONNELL. Would the major- as to whether they want another 2 procedural matters, so let me go on ity leader yield for a question? years of obstruction as we have seen it. and make my opening statement. Mr. REID. I will yield in just 1 sec- This is good legislative policy. The ENERGY ond. Shaheen-Portman bill would be good Later today we expect the President This is what I talked about earlier. for the country, but as usual we have a to talk about the weather at the White We have been going 5 years with this— lot that is good for the country—and House. Presumably, he will use the 5 years—trying to stop anything we have had it. We don’t get much done platform to renew his call for a na- Obama wants to do. Obama would like in the Senate. tional energy tax, and I am sure he will to see this passed and so would a bipar- Give us some amendments. This is get loud cheers from liberal elites, tisan group of Senators. But for 5 years what they say every time because no from the kinds of people who leave a we have put up with this. It doesn’t matter what we do, it is not good giant carbon footprint and then lecture matter what it is. If Obama wants it, enough. everybody else about low-flow toilets. they are against it. Shaheen-Portman is a good bill. We But the vast majority of middle-class We can have all this sweet talk about have 10 new provisions in it. That is Kentuckians I represent actually have how the Senate shall operate. The Sen- not good enough. to worry about paying utility bills, ate shall operate by allowing legisla- We can give them a vote on Key- putting food on table, and finding a job tion to go forward. This is a perfect ex- stone—that is not good enough, and in this terrible economy. They are less ample but, no, no—I have told them, if that is the way it always is. So there interested in just doing something on they want a vote on Keystone, they are no surprises to me in what they energy. They want to do the smart have a vote on Keystone. That is not have done today and what they will thing. good enough for them. They add four or probably do on Wednesday or Thurs- What they want are practical solu- five other amendments. day. tions to the problems and stresses they It is never quite enough. So we can The PRESIDING OFFICER. The Re- are dealing with every single day. That see what is going to happen. They are publican leader. is what we should be focusing on this going to let us on the bill today, and Mr. MCCONNELL. My friend the ma- week because this debate shouldn’t be they are going to say: Because we don’t jority leader wandered rather far about alleviating the guilt complexes get our amendments, we are not going afield. The subject for today is whether of the liberal elite. It should be about to vote to get off the bill. it would be inappropriate at 10:20 a.m. actually achieving the best outcome It has happened time and time again. on a Tuesday for the minority to have for the environment, for energy secu- We waste hours on this. four or five amendments of its choos- rity and, most importantly, for the With all this happy talk about how ing, sometime during the course of the people we were sent here to represent. the Senate should operate—remember, week. One thing that seems clear is this. we changed the rules. Why did we do It is great that some amendments Even if we were to enact the kinds of that? Because we had scores of judges have been accepted by Members on my national energy regulations the Presi- that we had to wait for them to give us side. I am happy about that. The ma- dent seems to want so badly, it would permission to move to. jority picked the ones they were will- be unlikely to meaningfully impact We changed the rules. We don’t in ing to accept and accepted them. I global emissions anyway unless other any way apologize to anybody for hav- think that is great. major industrial nations do the same. ing changed the rules. But what about the rest of the Mem- That means getting countries such as This is where we are. Legislation is bers of the minority, who are not sug- China and India on board. at a standstill, and we have on the gesting that we would drop unusual The President knows that. The Presi- books now 140 nominations that are amendments or amendments on an en- dent also knows that much of the pain held up. They have held everybody up. tirely different subject—four or five of imposing such regulations would be We get a few here and a few there. amendments during the course of the borne by our own middle class. But the one thing I can’t hold up any week, with relatively short time agree- That is why this discussion has be- more are judges. We are moving on the ments, related to the subject of energy. come so cynical, and it is part of the judges. We are going to get the judges It strikes me that is simply not unac- reason the President’s own party done. ceptable. We have had eight votes on couldn’t even pass a national energy If they want to continue blocking amendments of our choosing since last tax when it had complete control of ambassadors—we have the Secretary of July—eight. This is not the way to run Washington’s Congress back in 2009 and State, the former chairman of the Sen- the Senate. 2010. If the American people weren’t ate Foreign Relations Committee, who The minority represents a lot of willing to go along with considerable is going to Angola. We don’t have an Americans, millions and millions of domestic pain for negligible global gain ambassador there. We don’t have an Americans. We are entitled to have our then, it is foolish to think they would ambassador to Peru. In scores of coun- ideas debated and voted on in the Sen- assent to a bad idea now. tries we don’t have an American rep- ate as well, ones that we want to vote Remember, even the President’s own resentative there. on, not ones that the majority leader party in the Senate wouldn’t bring up There are some political appoint- picks for us. the President’s proposal for a national ments. We can talk about those sepa- That is the point. We don’t think energy tax despite their overnight rately. Every President has political what we are asking is in any way un- speeches and complaints about every- appointments, but I am not pushing reasonable. It is certainly consistent one else.

VerDate Mar 15 2010 00:03 May 07, 2014 Jkt 039060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G06MY6.003 S06MYPT1 jbell on DSK7SPTVN1PROD with SENATE S2684 CONGRESSIONAL RECORD — SENATE May 6, 2014 Of course, none of this has stopped These are the people who deserve our The PRESIDING OFFICER. The the President from trying to get his attention. They are the ones who are clerk will report the nomination. way anyway. That is why we have seen struggling, not the far left, not the ac- The legislative clerk read the nomi- this administration’s attempt to do an tivists who yell the loudest and appear nation of Indira Talwani, of Massachu- end run around the legislative process to care the least about who their ideas setts, to be United States District to try to impose a similar agenda actually hurt, and not the President’s Judge for the District of Massachu- through executive fiat. political fixtures in the White House. setts. It needs to be stopped. The Presi- These are not the people on whom we CLOTURE MOTION dent’s regulations are hurting people, should be focusing. Mr. REID. I ask the cloture motion often people who are already struggling It is time—way past time—to start be reported. and vulnerable—the very people the paying attention to the people who ac- The PRESIDING OFFICER. The clo- President claims he wants to help. tually sent us to the Senate. They de- ture motion having been presented Our constituents are being hurt be- serve a robust debate about how to de- under rule XXII, the Chair directs the cause of a cynical political agenda, be- velop policies that can actually lead to clerk to report the cloture motion. cause of a war on coal and other lower utility bills that can put coal The legislative clerk read as follows: sources off American energy that the families back to work, that can help CLOTURE MOTION far left like and the Democratic Party create well-paying jobs, that can help We, the undersigned Senators, in accord- is simply demanding. increase energy security, and that can The middle class doesn’t even have a ance with the provisions of rule XXII of the help prevent energy from being used as Standing Rules of the Senate, hereby move meaningful say in this discussion be- a tool of war and oppression by global cause the President has decided the to bring to a close debate on the nomination adversaries. of Indira Talwani, of Massachusetts, to be Congress the people elect doesn’t really That is why we were sent to the Sen- United States District Judge for the District matter anymore. Republicans are try- ate to debate these kinds of things. of Massachusetts. ing to change that this week. If Democrats have good ideas on en- Harry Reid, Patrick J. Leahy, Mazie K. We have asked the majority leader to ergy too, this is the time to share Hirono, Dianne Feinstein, Al Franken, allow votes on energy amendments Jack Reed, Amy Klobuchar, Robert P. theirs. that would let our constituents have a Casey, Jr., Sheldon Whitehouse, Ben- say for once. My constituents in Ken- What is wrong with having amend- jamin L. Cardin, Tom Harkin, Barbara tucky should be able to weigh in on an ments from both sides on this bill. We Boxer, Richard Blumenthal, Edward J. EPA rule that would negatively impact want to hear everybody’s serious ideas. Markey, Richard J. Durbin, Charles E. existing and future coal plants. Ken- The American people have waited 7 Schumer, Elizabeth Warren. tuckians deserve a real say on ongoing long years, as I said earlier, for a seri- Mr. REID. I ask unanimous consent regulatory efforts to tie up mining per- ous energy debate in the Democratic- that the mandatory quorum under rule mits and the red tape that is stifling run Senate—7 years. It is about time XXII be waived. the creation of good jobs in coal coun- they got it, and this is the perfect week The PRESIDING OFFICER. Without try. to do it. objection, it is so ordered. I yield the floor. Our constituents should finally be f truly heard on the Keystone Pipeline The PRESIDING OFFICER. The ma- they overwhelmingly support. The jority leader. LEGISLATIVE SESSION American people deserve a real debate Mr. REID. To belittle the President Mr. REID. I move to proceed to legis- on how we can best tap our own ex- of the United States for wanting to lative session. traordinary natural resources to talk about climate change is pretty ob- The PRESIDING OFFICER. The achieve energy independence at home viously wrong. One can mischaracter- question is on agreeing to the motion. and how we can help our allies overseas ize all they want the fact that Presi- The motion was agreed to. dent Obama recognizes climate is through increased exports of American f energy. changing worldwide, but it is truly a These are the proposals we should be mischaracterization if anyone thinks EXECUTIVE SESSION voting on this very week, proposals this is not something that is serious. that can help our economy, boost the It always appears when we get into a middle class and jobs while strength- serious debate about a subject, whether NOMINATION OF JAMES D. PETER- ening our national security and less- it is energy efficiency or climate SON TO BE UNITED STATES DIS- ening our dependence on foreign change, the Republicans want to TRICT JUDGE FOR THE WEST- sources of energy. change the subject, to divert or to ob- ERN DISTRICT OF WISCONSIN But we can’t move forward if the struct. So what is the Republican an- Mr. REID. I move to proceed to exec- Democrats who run the Senate keep swer to this climate change, which is utive session to consider Calendar No. trying to protect the President at the real: more oil production—that is one 656. expense of serving their constituents. of their solutions—block regulations to The PRESIDING OFFICER. The We know they are getting pressure protect health and the environment, question is on agreeing to the motion. from the White House to shut down a deny climate change is happening at The motion was agreed to. real debate on energy. One of the Presi- all. The PRESIDING OFFICER. The dent’s aides yesterday made it clear The senior Senator from Oklahoma clerk will report the nomination. that it will be leaning on Democratic says it is a hoax. It is not a hoax. It is The legislative clerk read the nomi- Senators to ‘‘get the right outcome.’’ real, and I am very happy the Presi- nation of James D. Peterson, of Wis- In other words, this is to do the dent is saying something about this. consin, to be United States District White House’s political bidding and to f once again ensure that struggling mid- Judge for the Western District of Wis- dle-class Americans get the short end EXECUTIVE SESSION consin. of the stick from the Democrats here CLOTURE MOTION in Washington. Mr. REID. Mr. President, there is a The American middle class is hurt- NOMINATION OF INDIRA TALWANI cloture motion at the desk and I ask ing, absolutely hurting. By a 2 to 1 TO BE UNITED STATES DISTRICT that it be reported. margin Americans say the country’s JUDGE FOR THE DISTRICT OF The PRESIDING OFFICER. The clo- economic conditions are poor. Only MASSACHUSETTS ture motion having been presented about one-quarter say there are enough Mr. REID. Mr. President, I move to under rule XXII, the Chair directs the jobs available where they live, and proceed to executive session to con- clerk to report the cloture motion. they have been suffering from years of sider Calendar No. 655. The legislative clerk read as follows: spiking electricity prices that would The PRESIDING OFFICER. The CLOTURE MOTION only get worse if the President’s agen- question is on agreeing to the motion. We, the undersigned Senators, in accord- da were fully realized. The motion was agreed to. ance with the provisions of rule XXII of the

VerDate Mar 15 2010 00:47 May 07, 2014 Jkt 039060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G06MY6.004 S06MYPT1 jbell on DSK7SPTVN1PROD with SENATE May 6, 2014 CONGRESSIONAL RECORD — SENATE S2685 Standing Rules of the Senate, hereby move The PRESIDING OFFICER. The Without objection, it is so ordered. to bring to a close debate on the nomination question is on agreeing to the motion. RESERVATION OF LEADER TIME of James D. Peterson, of Wisconsin, to be The motion was agreed to. United States District Judge for the Western The PRESIDING OFFICER. Under District of Wisconsin. f the previous order, the leadership time Harry Reid, Patrick J. Leahy, Mazie K. is reserved. Hirono, Dianne Feinstein, Al Franken, EXECUTIVE SESSION Under the previous order, the time Jack Reed, Amy Klobuchar, Robert P. until 11:15 a.m. will be equally divided Casey, Jr., Sheldon Whitehouse, Ben- between the two leaders or their des- jamin L. Cardin, Tom Harkin, Barbara NOMINATION OF ROBIN S. ROSEN- ignees. Boxer, Richard Blumenthal, Edward J. BAUM TO BE UNITED STATES The assistant majority leader. Markey, Richard J. Durbin, Charles E. CIRCUIT JUDGE FOR THE ELEV- Mr. DURBIN. Mr. President, I note Schumer, Elizabeth Warren. ENTH CIRCUIT on the floor the presence of Senators Mr. REID. Mr. President, I ask unan- MORAN, CORNYN, and WARREN. May I imous consent that the mandatory Mr. REID. I now move to proceed to enter into a consent agreement as to quorum under rule XXII be waived. executive session to consider Calendar The PRESIDING OFFICER. Without No. 690. the sequence of speaking? I ask unani- objection, it is so ordered. The PRESIDING OFFICER. The mous consent that after I have spoken, question is on agreeing to the motion. Senator WARREN be recognized next on f The motion was agreed to. the Democratic side, and I ask which LEGISLATIVE SESSION The PRESIDING OFFICER. The Republican Senator would like to be Mr. REID. I now move to proceed to clerk will report the nomination. included and in what order? legislative session. The legislative clerk read the nomi- Mr. CORNYN. Mr. President, re- The PRESIDING OFFICER. The nation of Robin S. Rosenbaum, of Flor- sponding to the question of the distin- question is on agreeing to the motion. ida, to be United States Circuit Judge guished majority whip, through the The motion was agreed to. for the Eleventh Circuit. Chair, it would help if we could alter- f CLOTURE MOTION nate between sides, if that is accept- Mr. REID. If the cloture motion is at able. EXECUTIVE SESSION Mr. DURBIN. It is agreed. Who would the desk, I ask that it be reported. be first on the Republican side? The PRESIDING OFFICER. The clo- Mr. CORNYN. My understanding is NOMINATION OF NANCY J. ture motion having been presented Senator MORAN would be first. Then we ROSENSTENGEL TO BE UNITED under rule XXII, the Chair directs the would go to the Democratic side and STATES DISTRICT JUDGE FOR clerk to report the cloture motion. then back to me. THE SOUTHERN DISTRICT OF IL- The legislative clerk read as follows: LINOIS The PRESIDING OFFICER. Without CLOTURE MOTION objection, it is so ordered. Mr. REID. I now move to proceed to We, the undersigned Senators, in accord- Mr. DURBIN. Mr. President, I was executive session to consider Calendar ance with the provisions of rule XXII of the going to ask for a specific time for No. 657. Standing Rules of the Senate, hereby move each, but I am going to try to be brief The PRESIDING OFFICER. The to bring to a close debate on the nomination and yield more time for comments question is on agreeing to the motion. of Robin S. Rosenbaum, of Florida, to be The motion was agreed to. United States Circuit Judge for the Eleventh from others because I am sure time The PRESIDING OFFICER. The Circuit. will be expiring. clerk will report the nomination. Harry Reid, Patrick J. Leahy, Mazie K. The issue we are trying to move to is The legislative clerk read the nomi- Hirono, Dianne Feinstein, Al Franken, called the Energy Savings and Indus- nation of Nancy J. Rosenstengel, of Il- Jack Reed, Amy Klobuchar, Robert P. trial Competitiveness Act. Whenever linois, to be United States District Casey, Jr., Sheldon Whitehouse, Ben- we talk about energy and the environ- jamin L. Cardin, Tom Harkin, Barbara Judge for the Southern District of Illi- ment, the Senate is up for grabs. There Boxer, Richard Blumenthal, Edward J. is a divided opinion as to what to do nois. Markey, Richard J. Durbin, Charles E. CLOTURE MOTION Schumer, Elizabeth Warren. with the energy policy of America. Mr. REID. I send a cloture motion to There are sincere and profound dif- Mr. REID. I ask unanimous consent ferences between the two political par- the desk, Mr. President. that the mandatory quorum under rule The PRESIDING OFFICER. The clo- ties. We recently had an all-night ses- XXII be waived. ture motion having been presented sion talking about the issue of global The PRESIDING OFFICER. Without under rule XXII, the Chair directs the warming and climate change and there clerk to report the cloture motion. objection, it is so ordered. was a real division between Democrats The legislative clerk read as follows: f and Republicans about this issue. CLOTURE MOTION I had a statement early in the ses- LEGISLATIVE SESSION We, the undersigned Senators, in accord- sion, and I come to the floor and renew ance with the provisions of rule XXII of the Mr. REID. I now move to proceed to it today in the hopes one of my two Standing Rules of the Senate, hereby move legislative session. friends on the other side of the aisle to bring to a close debate on the nomination The PRESIDING OFFICER. The can respond to this. My statement is of Nancy J. Rosenstengel, of Illinois, to be question is on agreeing to the motion. this: The only major political party in United States District Judge for the South- The motion was agreed to. ern District of Illinois. the world that denies the existence of Harry Reid, Patrick J. Leahy, Mazie K. f global warming and climate change is Hirono, Dianne Feinstein, Al Franken, the Republican Party of the United Jack Reed, Amy Klobuchar, Robert P. ENERGY SAVINGS AND INDUS- States of America. I am waiting for Casey, Jr., Sheldon Whitehouse, Ben- TRIAL COMPETITIVENESS ACT some Republican to come forward and jamin L. Cardin, Tom Harkin, Barbara OF 2014—MOTION TO PROCEED— refute me. Someone said there is a Boxer, Richard Blumenthal, Edward J. Continued Markey, Richard J. Durbin, Charles E. small party in Australia that doesn’t Schumer, Elizabeth Warren. Mr. REID. Mr. President, because of accept global warming and climate Mr. REID. I ask unanimous consent the conversation with Senator MCCON- change. That may be true, but I am that the mandatory quorum under rule NELL and me, the time ran much longer looking for evidence of another major XXII be waived. than it normally does, so I ask unani- political party, other than the Repub- The PRESIDING OFFICER. Without mous consent that the vote occur at lican Party of the United States of objection, it is so ordered. 11:15 rather than 11. Senator DURBIN is America, which denies the fact that here, as well as Senator WARREN, with f our human activity on Earth and the Senators CORNYN and MORAN, so we pollution we are creating is changing LEGISLATIVE SESSION will divide the time equally until then. the world in which we are living. Mr. REID. I now move to proceed to The PRESIDING OFFICER. Is there I think there is ample evidence. Inci- legislative session. objection? dentally, 98 percent of the scientists

VerDate Mar 15 2010 00:03 May 07, 2014 Jkt 039060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G06MY6.026 S06MYPT1 jbell on DSK7SPTVN1PROD with SENATE S2686 CONGRESSIONAL RECORD — SENATE May 6, 2014 who look at it conclude the same—that There is a Republican Senator who our State, I hear the stories about we are going through climate change in stopped this bill last week from coming their VA claims process—from sys- this world. Look around. Glaciers are up because he wants to debate—are you temic issues with the back-and-forth of melting, the weather is changing, we ready—ObamaCare. Fifty times the how the claims are handled, to absurd have more extreme weather events, and House of Representatives has voted to waiting times in Washington. I hear our planet is heating up. Some people repeal ObamaCare. It is going nowhere. from veterans organizations that come say: That is just an act of God. It hap- Yet they continue to come back to it. from Kansas—the American Legion, pens every few centuries. That is the So this Senator said we can’t take up Disabled Veterans of America, Con- way it goes. energy efficiency because he wants to cerned Veterans of America, and Vet- I don’t think so. I think what we are debate one aspect of ObamaCare again. erans of Foreign Wars—and they bring doing on Earth has something to do Please, save it for another day. Let their stories of other veterans to me, with it. us do something in a bipartisan fashion outlining the problems the veterans This debate could go on all day and that can guarantee 190,000 people in back home are facing. The reality is there would be severe differences of America a good-paying job. that our veterans are losing hope that opinion on each side of the aisle as to Wouldn’t that be something we can the VA will care for them. whether what I have said is true, but talk about when we come home at the here is something we should not dis- end of the week instead of the fact that Americans recently heard the story agree on—the pending legislation. This the Senate once again broke down into about a whistleblower in Phoenix, AZ, bipartisan piece of legislation steps a partisan squabble. at the VA in which there was a secret aside from that hot issue—no pun in- I urge my colleagues on the other waiting list of veterans who had waited tended—and asks if we can’t all agree side, save some of these really great more than 7 months to see a doctor in that energy efficiency is good. Well, and not-so-great ideas for another day. order to avoid VA policies on reporting sure. Whether one thinks there is an Let’s pass this bill. It is strong, it is bi- extended delays. The VA hospital fig- environmental impact of using energy partisan, and it really tries to get ured out how to hide those claims for 7 or not, it costs less if you have energy something done in the Senate, which, months so that they weren’t reported. efficiency to heat a home or run a busi- sadly, is a rare occurrence. Incidents of mismanagement and I yield the floor. ness. even death caused by the failures of the The PRESIDING OFFICER. The Sen- What we are trying to do, thanks to VA are far more numerous than we see ator from Kansas. the leadership of Senator SHAHEEN of in the news. Reports continue to pop up VA BACKLOG New Hampshire and Senator PORTMAN across the country, from Atlanta to of Ohio, Democrat and Republican, is Mr. MORAN. Mr. President, there is Memphis, from St. Louis to Florida. no group of Americans whom I hold in to have a bipartisan approach to it. The claims backlog, medical mal- higher regard than our Nation’s vet- What they have done is amazing. They practice, mismanagement of cases, erans. Their service and sacrifice have took a bill, which frankly was supposed lack of oversight, and unethical envi- allowed us to live in the strongest, to come up last year and failed because ronment all contribute to the VA’s freest, greatest country in the world. of some problems on the floor, and American veterans have fought ty- failure. made it even better and stronger and rants and terrorists to keep our coun- It has become abundantly clear that more bipartisan, with a long series of try safe and secure. Yet even after they the dysfunction within the VA extends bipartisan amendments added to the return from war, veterans today con- from the top to the bottom—at the bill to make it better in terms of try- tinue to fight tough battles here at highest headquarters and at each VISN ing to encourage energy efficiency in home. Many veterans find themselves and down to the local level in some the buildings across America, manufac- struggling to find a job, they face dif- medical facilities. Community-based turing new techniques for energy effi- ficulties accessing quality health care outpatient clinics and regional benefit ciency, and requiring the Federal Gov- services—especially in rural areas such offices are part of the problem. The VA ernment, when it builds a building, to as mine at home in Kansas—and all too suffers from a culture that accepts me- think about energy efficiency. many veterans must wait long periods diocrity, leaving too many veterans All of these are bipartisan in nature. of time for benefit claims to be proc- without the care they need. Our vet- Yet we are tied up in knots on the floor essed by the VA. erans deserve better, and they deserve of the Senate as to whether we can As of April 2014 the backlog stood at the best our Nation knows how to offer. even consider this bipartisan bill. That 596,061 outstanding claims, and 53 per- I highlight today the broken VA sys- is a shame because, quite honestly, cent of those have been waiting longer tem and challenge the Department of when we have a good bipartisan meas- than 125 days for an answer from the ure on an issue such as energy effi- VA. It takes approximately 266 days for Veterans Affairs to change. We need ciency, which steps aside from under- most new claims to receive an answer. accountability and transformation lying controversial issues, we should If a veteran is unhappy with the out- within the VA system and its culture, move on it. I worry about that. There come of their claim, they can file an top to bottom, all across the country. are some on the other side who say: We appeal. The backlog for appeals is more We must break the cycle of dysfunction don’t have enough amendments. There than 272,000—in backlogs alone. Some today and take the steps necessary to are more we want to add. There is more have waited more than 1,500 days— make certain our veterans are no we want to debate. There is nothing more than 4 years—to get a response on longer victims of their own govern- wrong with that, but let us not sac- their appeal. ment’s bureaucracy. rifice this bill this time. These numbers represent real people. Here are some examples from across What is at stake with this bill? It is They are not just statistics. They are our State: not just the good ideas of energy effi- not just average, everyday Americans. Jack Cobos, a Kansan who sought ciency but 190,000 jobs in America. They are our veterans whom we claim medical attention at the Topeka VA When we start putting in better win- we hold in the highest regard and es- hospital emergency room, is told his dows in buildings, when we start put- teem. ting in better HVAC systems, and all Americans who served our country chest pains are related to muscles the other things that are going to cre- are waiting to receive the benefits they around his heart. He is sent home. A ate energy efficiency, it puts Ameri- earned. At a time when more and more week later he returns and is trans- cans to work. If the Republicans stop troops are transitioning out of the ported to another emergency room. Ul- us from moving to this bill today, if military—and the needs are clear for timately, Jack dies of a heart attack— they stop us from considering this bill our aging veterans—I am especially he never recovers—and we now pay this week, it will be at the expense of concerned that we are not keeping our tribute to that veteran who failed to American jobs. That is wrong. promise to those who served our coun- receive the care he needed in a timely Now that we have a bipartisan bill, try. fashion. and a strong bill, for goodness’ sake, As I travel across Kansas and meet One year later the same Topeka let us put the procedural fights aside. veterans in their communities across emergency room closed its doors to

VerDate Mar 15 2010 00:03 May 07, 2014 Jkt 039060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G06MY6.009 S06MYPT1 jbell on DSK7SPTVN1PROD with SENATE May 6, 2014 CONGRESSIONAL RECORD — SENATE S2687 veterans seeking emergency treat- ways thought we were making resents more than 3 years of meetings, ment. And I am still waiting on a re- progress. Today it is so disappointing negotiations, compromise, and broad sponse from the VA to explain the clo- to report to my colleagues in the Sen- stakeholder outreach in an effort to sure of an emergency room at the VA ate that this Department is dysfunc- craft the most effective piece of energy hospital in Topeka, KS. tional, and the services get worse, not legislation with the greatest chance of An outpatient clinic in Liberal has better. passing both Chambers of Congress and been without a primary care provider We need accountability at the VA. of being signed into law. My partner in for more than 3 years. While others try The 44-year-old claims process of Dave this effort, Senator PORTMAN, was here to fill in the gap, there is nothing to Thomas and the untimely passing of on the floor last night talking about date that the VA has done to solve the Jack Cobos should not be forgotten, why this is a bipartisan bill that can underlying problems. There is still no and the Department needs to make pass not only this Chamber but the primary care provider. meaningful changes so that these cases House and be signed into law. I recently spoke about claims back- and cases like these will never happen It is a bipartisan effort that reflects logs with a Kansas veteran involved in again. an affordable approach to boost the use the American Legion named Dave While we continue to push legislative of energy efficiency technologies in our Thomas from Leavenworth. He has action, it is time to hold people ac- economy. Efficiency is the cheapest, waited since he filed his claim in 1970 countable in order to enforce meaning- fastest way to reduce our energy use. and only this past year received an an- ful change. GAO reports, inspector gen- Energy-saving techniques and tech- swer. He received a 90-percent dis- eral reports, and VA whistleblowers all nologies lower costs; they free up cap- ability rating from the VA, but it took call for action. A list I find now of ital that allows businesses to expand 44 years for him to receive that answer. eight press and IG reports—from CNN, and our economy to grow. A veteran with Parkinson’s disease to FOX News, to military.com, to our In addition to being an energy bill, it was told recently—he filed his claim in IG, to the Washington Examiner—all is a jobs bill. We can start improving March of last year. He was told this report what we would not believe could our efficiency now by installing ready, past week that it will now be processed ever happen within the VA in the proven technologies such as modern only because his claim is now over a United States of America. heating systems, computer-controlled year old. You have to wait a year be- Veterans are waiting for action. Yet thermostats, low-energy lighting. Effi- fore you are in line in order for you to the VA continues to operate in the ciency is no longer about putting on a receive the process of your claim that same old bureaucratic fashion, settling sweater and turning down the thermo- you deserved more than 1 year ago. for mediocrity and continued dis- stat. It is about making use of these How can the VA establish a wait time service to our Nation’s heroes. technologies that are available today. benchmark of 1 year for veterans’ It is clear that accountability at VA There are substantial opportunities claims to get the attention they de- is absent. Oversight doesn’t mean which exist across all sectors of our serve? much. And I sincerely and seriously economy that would allow us to con- It is so disappointing to hear these question whether the leadership of the serve energy, to create good-paying stories. I know it is unacceptable. VA is capable and willing to enforce private sector jobs, and to reduce pol- Whether a veteran served in 1941, 1951, change. There is a difference between lution. 1971, 1991, 2001, 2011, or is currently wanting change and leading it to hap- Our bill reduces the barriers to effi- serving, we owe the Nation’s veterans pen. ciency in the major energy-consuming our absolute best after their military Today I am demanding account- sectors of our economy. It does that service is complete. Unfortunately, the ability and true transformation within through buildings, which constitute VA system continues on a glidepath of the VA system and its culture, from about 40 percent of our use; through in- dysfunction and is only, at best, play- top to bottom, and all across the coun- dustrial efficiency, where we assist the ing defense. try. Secretary Shinseki seemingly is manufacturing sector which consumes The VA’s failure is not a matter of unwilling or unable to do so, and more energy than any other sector of resources. That is always the easy an- change must be made at the top. I ask the U.S. economy—we help them im- swer: more money. But just last week the Secretary to submit his resigna- plement energy-efficient production President Obama himself said: tion, and I ask President Obama to ac- technologies; and through the Federal We’ve resourced the Veterans Affairs office cept that resignation. Government, which as I think all of us more in terms of increases than any other We must never forget that our Na- know, is the single largest user of en- department or agency in my government. tion has responsibility to its veterans. ergy in the country. VA funding levels have increased well That means receiving the care and sup- The legislation encourages the Fed- more than 60 percent since 2009. Each port they earned. eral Government to adopt more effi- year there have been incremental in- God bless our veterans and all those cient building standards, smart-meter- creases of 3, 4, or 5 percent, and this serving at home and abroad and all ing technology, to look at our data year the request from the President’s their families. We need a Department centers and see how we can reduce the budget is for a 6.5-percent increase over of Veterans Affairs that is worthy of costs there. last year’s spending. Yet our veterans your sacrifice. Again, this bill will help create pri- continue to struggle and are not get- Mr. President, I yield the floor. vate sector jobs. It will save businesses ting the treatment they earned and de- The PRESIDING OFFICER. The Sen- and consumers money. It will reduce serve, and they are not getting their ator from Massachusetts. pollution and it will make our country benefits. (The remarks of Ms. WARREN per- more energy efficient. Republicans and Democrats have taining to the Introduction of S. 2292 A recent study by experts of the agreed on fully funding the VA to serve are printed in today’s RECORD under American Council for an Energy-Effi- year after year, but this increase in ‘‘Introduction of Senate Bills and Joint cient Economy found that by 2030 Sha- spending results in no better service Resolutions.’’) heen-Portman, if it passes, has the po- from the Department. To date, these Ms. WARREN. I yield the floor. tential to create 192,000 domestic jobs, increases have not in any way in- The PRESIDING OFFICER (Mr. to save consumers and businesses over creased the service or support our vet- COONS). The Senator from New Hamp- $16 billion a year, and to reduce carbon erans deserve and need. This is a prob- shire. pollution by the equivalent of taking 22 lem with leadership and a lack of will Mrs. SHAHEEN. Mr. President, I am million cars off the road. The bill does to change. on the floor today to discuss the En- this without any mandates, without I have been a member of the Vet- ergy Savings and Industrial Competi- raising the deficit. All authorizations erans’ Affairs Committee for 18 years, tiveness Act—which is why we call it are offset and it even produces a $12 both in the House and Senate. I chaired Shaheen-Portman; it is a faster way to million deficit reduction, according to the Health Subcommittee in the House. refer to it. the Congressional Budget Office. I have worked with nine VA Secre- It is a bill I coauthored with Senator I have had the opportunity over the taries. This is an issue on which I al- ROB PORTMAN from Ohio, and it rep- last 31⁄2 years as we have been working

VerDate Mar 15 2010 00:11 May 07, 2014 Jkt 039060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G06MY6.010 S06MYPT1 jbell on DSK7SPTVN1PROD with SENATE S2688 CONGRESSIONAL RECORD — SENATE May 6, 2014 on this bill to visit businesses across tions are fully offset. Provisions in this leg- of energy efficiency and environmental orga- New Hampshire that are making use of islation will promote energy savings in com- nizations, small and large businesses, trade energy-efficient technology, and what I mercial buildings and industrial facilities, associations, and public interest groups, we which together consume nearly 50 percent of have heard from those businesses is urge you to bring the Energy Savings and In- the nation’s primary energy. The bill will dustrial Competitiveness Act (S. 2074) to the they have adopted these energy effi- also reduce energy costs within the federal floor for a vote as soon as possible. ciencies because it allows them to save government, our nation’s largest energy con- S. 2074, introduced on February 27, 2014 by money, it allows them to be competi- sumer, saving taxpayers money. Senator Jeanne Shaheen and Senator Rob tive, it allows them to add jobs in their S. 2262 will also boosts the competitiveness Portman, would help meet America’s goals sectors. I think that is why this legis- of U.S. manufacturers and real estate by cre- of increasing energy productivity, enhancing ating jobs in the manufacturing, con- energy security, reducing harmful emissions, lation enjoys such strong support from tracting, construction, installation, distribu- industry, from trade associations, and and promoting economic growth in a finan- tion, design, and service sectors. cially responsible manner. The new version from labor groups as well as efficiency For these reasons, the Senate Committee of this bipartisan bill addresses energy sav- and environmental advocates. on Energy and Natural Resources roundly ings in the federal government—the nation’s As the Presiding Officer knows, it is endorsed the legislation with a strong bipar- largest energy consumer—and includes new not often that we have groups such as tisan vote of 19–3. The legislation continues provisions that expand energy efficiency sav- the National Association of Manufac- to gain additional cosponsors with Sens. ings and benefits to all sectors of the U.S. Landrieu, Coons, Warner, Franken, Manchin, turers and the National Wildlife Fed- economy, from schools and homes, to com- Collins, Ayotte, Wicker, Hoeven, Isakson, mercial buildings, industry, and manufac- eration supporting the same piece of Murkowski and Bennett. The House recently legislation. I have a number of letters turing. passed several provisions contained in S. 2262 Energy efficiency is the quickest, cheap- that have been sent by many of these by a vote of 375–36, another strong showing of est, and cleanest way to tackle domestic en- organizations that illustrate the ever- support for energy efficiency. ergy demand. Wasted energy not only weak- Now is the time to act on this important growing support for the bill. The signa- ens our national competitiveness on a global legislation and we ask that S. 2262 be tures on these letters go on and on, and scale, but also compounds the financial bur- brought to the Senate floor as soon as pos- dens of businesses and consumers. An anal- they are signed by everyone from the sible. Edison Electric Institute, the Amer- ysis of the new bill by the American Council for an Energy-Efficient Economy (ACEEE) ican Gas Association, the U.S. Cham- AMERICAN CHEMISTRY COUNCIL, estimates that by 2030, the Energy Savings ber of Commerce, the Earth Day Net- Washington, DC, May 5, 2014. and Industrial Competitiveness Act would Hon. HARRY REID, work, and the National Association of create more than 190,000 jobs, save con- Majority Leader, U.S. Senate, State Energy Offices. sumers $16 billion a year, and cut carbon di- Washington, DC. At this time, Mr. President, I ask oxide by the equivalent of taking 22 million Hon. MITCH MCCONNELL, unanimous consent to have these let- cars off the road. Republican Leader, U.S. Senate, Energy efficiency has always been a bipar- ters printed in the RECORD. Washington, DC. tisan issue. By fully deploying the power of There being no objection, the mate- MAJORITY LEADER REID AND REPUBLICAN energy efficiency, we can help create new rial was ordered to be printed in the LEADER MCCONNELL: As an industry that cre- jobs, save energy and money, and reduce car- RECORD, as follows: ates many of the advanced solutions that help society save energy, we support the En- bon emissions. This legislation affords Con- APRIL 30, 2014. gress the opportunity to assist the economy Hon. HARRY REID, ergy Savings and Industrial Competitiveness Act (S. 2262) and urge the Senate’s consider- without undue cost or regulatory burden. Majority Leader, U.S. Senate, For these reasons, we urge you to schedule Washington, DC. ation and adoption as quickly as possible. Enactment of this bipartisan legislation can the Energy Savings and Industrial Competi- Hon. MITCH MCCONNELL, elevate the role of energy efficiency in a tiveness Act for a vote in the near future so Republican Leader, U.S. Senate, that Americans can begin reaping the many Washington, DC. comprehensive, ‘‘all of the above’’ national energy policy. benefits of energy efficiency. MAJORITY LEADER REID AND REPUBLICAN American chemistry is a leader in energy LEADER MCCONNELL: We the undersigned, efficiency. Our companies invent and make ALLIANCE TO SAVE ENERGY, representing hundreds of thousands of U.S. materials and technologies that empower Washington, DC, May 5, 2014. jobs, write to request that The Energy Sav- people around the world to save energy and DEAR SENATOR: The Alliance To Save En- ings and Industrial Competitiveness Act of reduce greenhouse gas emissions. High-per- ergy strongly supports S. 2262, the Energy 2014 (S. 2262) be considered by the full Senate formance building insulation and windows, Savings and Industrial Competitiveness Act, as soon as possible. solar panels, wind turbines, even lightweight also known as Shaheen-Portman. When the This sensible, bipartisan legislation enjoys packaging and auto parts that reduce energy bill comes to the floor this week, the Alli- broad support in the business community. needs in shipping and transportation all ance urges you to vote for cloture and to The bill’s sponsors have worked with indus- start with chemistry. vote for the underlying bill. try every step of the way in crafting and vet- In addition to supplying energy-saving Energy efficiency is the quickest, cheap- ting this legislation. The reintroduced bill products, we know that being energy-effi- est, and cleanest way to reduce domestic en- has generated even greater consensus among cient in our own operations helps reduce ergy consumption. Well-designed programs a growing stakeholder coalition that covers costs and expand U.S. production and jobs. such as those contained in the Energy Sav- diverse economic sectors and environmental This commitment has led to a 49 percent im- ings and Industrial Competitiveness Act will organizations. The enhancements have only provement in the U.S. chemical industry’s help American families and businesses lower strengthened—and broadened—the support of energy efficiency since 1974. ACC member their energy costs. Moreover, energy effi- the U.S. business community, while multi- companies report on energy efficiency and ciency policies offer Americans protection plying the energy security and environ- other measures through Responsible Care® from rising energy costs caused by political mental benefits that will accrue from this an environmental, health, and safety per- instability abroad, and move us towards landmark energy efficiency legislation. formance program. greater energy security. Energy efficiency enjoys broad, bipartisan S. 2262 will achieve energy savings across This bipartisan bill addresses energy sav- support as a recent study commissioned by the economy, including homes, buildings, in- ings in the federal government—the nation’s the National Electrical Manufacturers Asso- dustry, and the federal government. We en- largest energy consumer—and includes pro- ciation and the National Association of Man- courage the Senate to approve this impor- visions that expand energy efficiency savings ufacturers demonstrated. Nine in ten of tant legislation as a key step toward a and benefits to all sectors of the U.S. econ- those polled support using energy efficient strong, secure, and sustainable energy fu- omy, from schools and homes, to commercial products and believe it is important to in- ture. buildings, industry, and manufacturing. clude energy efficiency as part of our coun- Sincerely, More specifically, Shaheen-Portman con- try’s energy solutions. 74 percent of those CAL DOOLEY, tains provisions that will create a national polled support investing taxpayers’ dollars President and CEO. strategy to increase the use of energy effi- on energy efficient technologies, innovations ciency through a model building energy and programs if it would save consumers APRIL 28, 2014. code; promote the development of energy ef- more money. Finally, 69 percent of those Hon. HARRY REID, ficient supply-chains for companies; encour- polled are more likely to support investing Majority Leader, The Capitol, age the federal government to adopt and im- taxpayers’ dollars on energy efficiency if Washington, DC. plement energy saving policies and pro- those investments will not raise taxes or add Hon. MITCH MCCONNELL, grams; improve federal data center effi- to the federal deficit and do not involve gov- Minority Leader, The Capitol, ciency; support the deployment of energy ef- ernment mandates on consumers. Washington, DC. ficient technologies in schools; improve com- S. 2262 places no new mandates on U.S. DEAR MAJORITY LEADER REID AND MINOR- mercial building efficiency; and promote the businesses or consumers. All new authoriza- ITY LEADER MCCONNELL: As a broad coalition benchmarking and disclosure of buildings’

VerDate Mar 15 2010 00:11 May 07, 2014 Jkt 039060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G06MY6.012 S06MYPT1 jbell on DSK7SPTVN1PROD with SENATE May 6, 2014 CONGRESSIONAL RECORD — SENATE S2689 energy use, among a number of other initia- comes to the floor this week, NRECA urges tion, block federal agencies from considering tives. you to vote for cloture and the underlying the social cost of carbon when assessing the Rather than squandering taxpayers’ dol- bill. costs and benefits of major projects, or un- lars on needless energy costs, S. 2262 imple- Approximately 250 co-ops in 34 states oper- dermine the National Environmental Policy ments practical, cost effective measures to ate voluntary demand response programs Act. tackle federal energy consumption, while using electric resistance water heaters that The Shaheen-Portman energy efficiency creating jobs and reducing emissions. It is allow co-ops to reduce demand for electricity bill would be a big step in the right direc- estimated that by 2030, Shaheen-Portman during peak hours. In parts of the country, tion. Reducing energy consumption through will create more than 190,000 jobs, save con- these water heaters also allow co-ops to inte- efficiency measures is not only an important sumers $16 billion a year, and cut carbon di- grate renewable energy sources like wind part of carbon reduction strategies, but also oxide emissions by the equivalent of taking and effectively store that energy. provides wildlife and habitat benefits by re- 22 million cars off the road. In several major energy bills, Congress has ducing energy-production related pressure on The American public wants bipartisan poli- declared the promotion of demand response America’s wildlife and pristine lands. These cies that will spur economic growth and cre- an important federal policy. A 2012 report by benefits must not be undermined by includ- ate jobs. There is consensus that efficiency is the Federal Energy Regulatory Commission ing controversial amendments or tying the the cheapest and fastest way to start reduc- (FERC) recognized co-ops’ leadership in de- passage of S. 2262 to the approval of the Key- ing demand for the energy we currently use. mand response. It is through the use of large stone XL tar sands pipeline. We believe the Energy Savings and Indus- capacity electric resistance water heaters The Keystone XL tar sands pipeline would trial Competitiveness Act represents our that co-ops are able to meet such federal force America’s wildlife and communities to best chance to improve our demand-side en- goals. accept all the risk of oil spills, contaminated ergy policy. Electric co-ops have a straightforward mis- water supplies, and climate-fueled extreme Again, we urge you to vote for cloture and sion: to provide reliable electric service to weather like superstorm Sandy, and for what to vote for the underlying bill so that Ameri- their consumer-owners at the lowest cost reward? Higher Midwest gas prices and a cans can begin reaping the many benefits of possible. However, on March 22, 2010, the De- handful of jobs. energy efficiency. If you have any questions partment of Energy (DoE) issued a new effi- The Shaheen-Portman energy efficiency or need more background information, ciency standard for water heaters that will bill, on the other hand, is estimated to cre- please have your staff contact Elizabeth effectively end our very successful demand ate 136,000 new jobs by 2025. By 2030, the bill Tate at the Alliance To Save Energy. response programs beginning next April. will also net annual savings of $13.7 billion Sincerely, S. 2262 will allow us to continue to use and lower CO2 emissions and other air pollut- KATERI CALLAHAN, water heaters in money- and energy-saving ants by the equivalent of taking 22 million President, Alliance To Save Energy. demand response programs by establishing a cars off the road. These clear benefits must new category of efficiency standard for water not be eroded by harmful amendments or a ADVANCED ENERGY ECONOMY, heaters used in demand response programs. mandated approval of the polluting Keystone MAY 5, 2014. We have worked closely with Congressional XL tar sands pipeline. Hon. HARRY REID, leaders, DoE, other utilities, energy effi- Now is the time to implement common Senate Majority Leader, U.S. Senate, Hart Sen- ciency and environmental advocacy groups, sense measures, like efficiency standards, to ate Office Building, Washington, DC. and water heater manufacturers over the create jobs, save money and reduce carbon Hon. MITCH MCCONNELL, past several years to develop this common- pollution. The National Wildlife Federation Senate Minority Leader, U.S. Senate, Russell sense approach to help continue the bene- urges you to support S. 2262, oppose any Senate Office Building, Washington, DC. ficial use of electric resistance water heat- amendments or linked legislation that will DEAR SENATOR REID AND SENATOR MCCON- ers. undermine the consensus and bipartisan co- NELL: On behalf of Advanced Energy Econ- Importantly, S. 2262 also includes con- operation that the bill represents. omy, a national association of businesses sensus language to resolve Section 433 of the Sincerely, and business leaders who are making the Energy Independence and Security Act of JIM LYON, global energy system more secure, clean, and 2007, that if not addressed would prohibit fed- Vice President for Conservation Policy, affordable, I am writing to encourage you to eral facilities from using electricity gen- National Wildlife Federation. bring bipartisan energy efficiency legislation erated from the use of fossil fuels. (S. 2074) cosponsored by Senator Jeanne Sha- Again, when the bill comes to the floor BUSINESS ROUNDTABLE, heen and Senator Rob Portman to the Sen- this week, we urge your support. If you have Washington, DC, May 5, 2014. ate floor. any questions or need more background in- Hon. HARRY REID, This bipartisan national strategy to in- formation, please have your staff contact Majority Leader, U.S. Senate, Washington, DC. crease energy efficiency in the residential, Julie Barkemeyer at NRECA at 703–907–5809 Hon. MITCH MCCONNELL, commercial, and industrial sectors of our or [email protected]. Minority Leader, U.S. Senate, Washington, DC. economy reflects and accelerates the trend Sincerely, DEAR LEADERS REID AND MCCONNELL: On toward greater energy efficiency many busi- JO ANN EMERSON. behalf of the more than 200 CEO members of nesses are embracing. Reducing costs for Business Roundtable, who lead major Amer- businesses and consumers and increasing NATIONAL WILDLIFE FEDERATION, ican companies operating in every sector of U.S. competitiveness by making our use of MAY 5, 2014. the U.S. economy, I write to convey Business energy more efficient is at the core of com- DEAR SENATOR, On behalf of the National Roundtable’s strong support for the Energy prehensive energy policy. Wildlife Federation (NWF), and our over four Savings and Industrial Competitiveness Act The Senate has an opportunity to join the million members and supporters nationwide, of 2014, S. 2262, and respectfully request that House in passing bipartisan legislation that I urge you to support passage of the bipar- this vital legislation be brought to the Sen- moves us toward a more energy-efficient tisan Energy Savings and Industrial Com- ate floor for a vote as expeditiously as pos- economy. S. 2074 highlights the many ways petitiveness Act (S. 2262) and oppose any sible. we can increase energy efficiency. The bill controversial amendments or associated leg- America’s CEOs have consistently called addresses building codes, financing, tech- islation that does not meet the broadly upon Congress and the Administration to nical assistance, and rebate programs, all agreed upon goal of this bill to save money, adopt a more strategic approach to energy positive steps toward saving money through save energy, and cut carbon pollution. This policy that would capitalize on U.S. improved energy efficiency. All of these includes a vote to approve the Keystone XL strengths to promote economic growth, job steps are important to our business mem- tar sands pipeline. creation, and enhanced energy security. In bers, who stand ready to provide the tech- A product of cooperation and consensus our report, Taking Action on Energy: A CEO nologies and services that improve energy ef- under the leadership of the bill’s sponsors Vision for America’s Energy Future, Busi- ficiency throughout the economy. We strong- and Energy Committee leadership, S. 2262 ap- ness Roundtable laid out a comprehensive ly support the bill and look forward to work- plies a common-sense approach to adopting plan to boost U.S. energy security and en- ing with you as it continues through the leg- efficiency measures for buildings, industry, sure a steady supply of reliable, affordable islative process. and the federal government that will pro- energy to power increased growth. As noted Sincerely, mote significant cost-savings while helping in that report, energy efficiency improve- GRAHAM RICHARD, to protect the health of our communities and ments over the last quarter century are an CEO, Advanced Energy Economy. wildlife threatened by climate change. American success story and a win-win for Should amendments be adopted that do not the U.S. economy. NATIONAL RURAL ELECTRIC reflect the same consensus principle that A Business Roundtable report released last COOPERATIVE ASSOCIATION, went into producing the current bill, or un- month, Grow, Sustain: Celebrating Success, MAY 5, 2014. dermine current efforts by the federal gov- highlights the sustainability achievements DEAR SENATOR: The National Rural Elec- ernment to reduce carbon pollution, NWF of Roundtable member companies, including tric Cooperative Association strongly sup- will be forced to oppose the legislation. We remarkable progress in more efficient energy ports S. 2262, the Energy Savings and Indus- encourage you to oppose amendments that use. Private-sector innovation and CEO lead- trial Competitiveness Act sponsored by Sen- would erode the Environmental Protection ership have helped yield a 1.9 percent annual ators Shaheen and Portman. When the bill Agency’s ability to regulate carbon pollu- reduction in U.S. energy use per dollar of

VerDate Mar 15 2010 00:11 May 07, 2014 Jkt 039060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\A06MY6.004 S06MYPT1 jbell on DSK7SPTVN1PROD with SENATE S2690 CONGRESSIONAL RECORD — SENATE May 6, 2014 economic output (GDP) between 1992 and UDALL have an amendment included CLOTURE MOTION 2012. These steady energy efficiency improve- that would help schools’ energy effi- The PRESIDING OFFICER. Under ments are a major strategic advantage for ciency and streamline the govern- the previous order, pursuant to rule the United States. ment’s programs to make them run XXII, the Chair lays before the Senate Enacting S. 2262 would be an important step toward accelerating U.S. energy effi- more productively. This would help the pending cloture motion, which the ciency gains and facilitating America’s schools across the country that finance clerk will report. emergence as a global energy superpower. energy efficiency projects to make The assistant legislative clerk read Senate passage of this vital legislation their buildings operate in a more sus- as follows: would be a victory for all Americans. We tainable fashion. CLOTURE MOTION urge you to support S. 2262. The legislation also includes Senator Thank you for your attention to this im- We, the undersigned Senators, in accord- BENNET’s and Senator ISAKSON’s ance with the provisions of rule XXII of the portant issue. amendment, called the SAVE Act, Sincerely, Standing Rules of the Senate, hereby move which would improve the accuracy of to bring to a close debate on the motion to DAVID M. COTE, Chairman and Chief mortgage underwriting by including proceed to Calendar No. 368, S. 2262, a bill to Executive Officer, energy efficiency as a factor in deter- promote energy savings in residential build- Honeywell, Chair, mining the value and affordability of ings and industry, and for other purposes. Energy and Envi- homes. It includes a proposal by Sen- Harry Reid, Jeanne Shaheen, Michael F. Bennet, Richard J. Durbin, Christopher ronment Committee, ators HOEVEN and PRYOR to create a A. Coons, Bill Nelson, Tom Harkin, Business Round- regulatory exemption for thermal stor- table. Martin Heinrich, Patrick J. Leahy, age water heaters so rural cooperatives Richard Blumenthal, Tim Kaine, Patty Mrs. SHAHEEN. Mr. President, I and others could continue to use cer- Murray, Tom Udall, Joe Manchin III, think this nontraditional alliance tain large water heaters for their suc- Robert P. Casey, Jr., Angus S. King, clearly illustrates the sizable and di- cessful demand-response programs. Jr., Mark R. Warner. verse demand for this energy efficiency In addition to what is in this legisla- The PRESIDING OFFICER. By unan- jobs bill and, simply put, the time is tion, we have seen in the last several imous consent, the mandatory quorum now for the Senate to take up and pass months the House pass energy effi- call has been waived. this bipartisan, commonsense proposal ciency legislation, including a number The PRESIDING OFFICER. The to grow our economy and create good- of the provisions that are in the bill we question is, Is it the sense of the Sen- paying jobs for decades. We cannot let will be taking up today. In fact, the ate that debate on the motion to pro- our extraneous debates about amend- House recently passed an energy effi- ceed to Calendar No. 368, S. 2262, a bill ments or nonamendments, what ciency package by an overwhelming to promote energy savings in residen- amendments to include, which amend- 375–36 margin. Those provisions passed tial buildings and industry, and for ments not to include, to get in the way by the House are in the version we are other purposes, shall be brought to a of getting this legislation done, be- introducing of Shaheen-Portman, and close? cause this creates jobs, it saves con- it shows how much support for energy The yeas and nays are mandatory sumers money, and it saves on pollu- efficiency there is throughout the Con- under the rule. gress. tion. The clerk will call the roll. We have a real opportunity to pass One of the great things about the The assistant legislative clerk called this legislation. This is a bipartisan, bill, which I hope we are going to take the roll. affordable, widely supported bill and, up in a few minutes, is it includes 10 Mr. CORNYN. The following Senator most importantly, an effective first additional bipartisan amendments. is necessarily absent: the Senator from step to address our Nation’s very real Since our bill was taken up and pulled Arkansas (Mr. BOOZMAN). energy needs. back from the floor in September, Sen- The PRESIDING OFFICER. Are there I thank Senator PORTMAN for his ator PORTMAN and I have worked close- partnership in bringing the bill to the any other Senators in the Chamber de- ly with Senators from both sides of the siring to vote? aisle to add 10 new bipartisan provi- floor. I thank the majority and minor- ity leaders as well as the new energy The yeas and nays resulted—yeas 79, sions that expand current sections of nays 20, as follows: Chair, Senator LANDRIEU, and Ranking our bill. [Rollcall Vote No. 131 Leg.] The new bill has a section that puts Member MURKOWSKI for their support, YEAS—79 in place commonsense and consensus- and thank former Energy and Natural reached regulatory relief provisions Resources chairman, Senator RON Alexander Gillibrand Murkowski Ayotte Graham Murphy that maintain the underlying principle WYDEN, for his support. I also thank the legislation’s addi- Baldwin Grassley Murray of advancing energy efficiency in the Barrasso Hagan Nelson tional cosponsors: Senators AYOTTE, private sector. As a result of these pro- Begich Harkin Portman BENNET, COLLINS, the Presiding Officer, Bennet Heinrich visions, the legislation has more en- Pryor Senator COONS, as well as Senators Blumenthal Heitkamp Reed ergy savings, more job creation, and Blunt Heller Reid FRANKEN, HOEVEN, ISAKSON, WARNER, Booker Hirono more carbon dioxide reductions than Rockefeller and WICKER. I think the list of bipar- Boxer Hoeven the previous version of the bill. Sanders Brown Isakson I want to briefly talk a little bit tisan cosponsors indicates the breadth Schatz of support for this legislation, that it Burr Johanns about some of the bipartisan amend- Cantwell Johnson (SD) Schumer shows the ideological breadth of sup- Cardin Kaine Shaheen ments, because I think they point out Stabenow the improvements in the legislation. port for it. Carper King I look forward to working with Sen- Casey Kirk Tester Tenant Star builds on the success of Thune ate leadership and with all of my col- Chambliss Klobuchar EPA’s long-running voluntary EN- Coats Landrieu Toomey leagues in the Senate, because we can ERGY STAR Program for commercial Cochran Leahy Udall (CO) pass this legislation, we can create Collins Levin Udall (NM) buildings and it creates a similar ten- these jobs, we can save consumers Coons Manchin Walsh ant-oriented certification for leased Corker Markey money, and we can reduce pollution. Warner spaces. Again, it is voluntary. Commer- Donnelly McCaskill Warren Thank you very much, Mr. President. Durbin McConnell Whitehouse cial building tenants who design, con- I note the absence of a quorum. Enzi Menendez struct, and operate their leased spaces Wicker The PRESIDING OFFICER. The Feinstein Merkley Wyden in ways that maximize energy effi- clerk will call the roll. Franken Mikulski ciency would receive the same kind of The assistant legislative clerk pro- NAYS—20 public recognition through Tenant ceeded to call the roll. Coburn Inhofe Roberts Star that ENERGY STAR has produced Mrs. SHAHEEN. I ask unanimous Cornyn Johnson (WI) Rubio for so many buildings and businesses. consent that the order for the quorum Crapo Lee Scott This bill also includes a provision for Cruz McCain Sessions call be rescinded. Fischer Moran energy-efficient schools. Senator The PRESIDING OFFICER. Without Shelby Flake Paul Vitter SUSAN COLLINS and Senator MARK objection, it is so ordered. Hatch Risch

VerDate Mar 15 2010 00:11 May 07, 2014 Jkt 039060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\A06MY6.007 S06MYPT1 jbell on DSK7SPTVN1PROD with SENATE May 6, 2014 CONGRESSIONAL RECORD — SENATE S2691 NOT VOTING—1 That story is repeated all the time. ficers. I have never forgotten that— Boozman No one disputes that this program even though it was decades ago—the The PRESIDING OFFICER. On this saves lives. That is why Congress has long line of police cars, with blue lights vote, the yeas are 79, the nays are 20. historically acted quickly and deci- flashing. Snow was coming down, and Three-fifths of the Senators duly cho- sively to support the bulletproof vests the blue lights reflected off the snow- sen and sworn having voted in the af- program. Between 2000 and 2010, the flakes. The names, unfortunately, do firmative, the motion is agreed to. program enjoyed widespread bipartisan not just stop with those over 20,000 fall- The Senator from Vermont. support. It was reauthorized three en officers. The names of 286 fallen offi- times by unanimous consent. This time cers will be added to its walls, serving UNANIMOUS-CONSENT REQUEST—S. 933 around, every single Democratic Sen- as another somber reminder of the Mr. LEAHY. Mr. President, next ator supports passage of the bill. It is brave men and women of law enforce- week we are going to commemorate also cosponsored by Senators HAGAN, ment who risk their lives each and National Police Week, a time when the CARDIN, LANDRIEU, SHAHEEN, PRYOR, every day. They work tirelessly to Nation pays tribute to the sacrifices and FRANKEN, to name just a few co- keep our communities safe. They de- made by all those who serve in law en- sponsors. It has many other strong sup- serve our best efforts to do the same forcement, particularly those officers porters of law enforcement, including for them. who have lost their lives in the line of the Fraternal Order of Police, the I am, in a moment, going to ask con- duty. These law enforcement officers International Association of Chiefs of sent that the Senate pass S. 933, the risk their lives every day to protect Police, the National Sheriffs’ Associa- Bulletproof Vest Partnership Grant our communities. tion, the Major County Sheriffs’ Asso- Program Reauthorization Act of 2013. We often speak eloquently on both ciation, and the National Association It has always been bipartisan. We sides of the aisle here about supporting of Police Organizations. should not let ideology put officers’ law enforcement and their families. For reasons I still do not understand, lives at risk now. I commend the fact These tributes are important. They are the bill is being blocked on the Repub- that every single Democratic Senator well deserved. But the police officers in lican side. Not a single Republican co- supports it and we can honor the serv- our communities deserve more than sponsor has stepped forward. I cannot ice of those who keep us safe by pro- speeches; they deserve action and real understand this. This has never been a tecting their lives with bulletproof support. We owe it to all who serve to partisan issue. It should not be a par- vests. help protect those who protect us. One tisan issue. We are doing this to pro- Frankly, if somebody stands with law important, tangible way to do so is to tect the lives of police officers. enforcement, now is the time to stand help provide them with lifesaving bul- Senator GRASSLEY and I developed a with them. I can assure you—and they letproof vests. bipartisan reauthorization that in- will assure you—it matters here, and it For more than 15 years the Bullet- cluded improvements to the program. matters to them. proof Vest Partnership Grant Program One important change is that agencies So, Mr. President, I ask unanimous has helped to provide bulletproof vests are now given a grant preference for consent that the Senate proceed to the to law enforcement officers around the purchasing vests that are uniquely consideration of Calendar No. 162, S. 933, the Bulletproof Vest Partnership country. Republican Senator Ben fitted to women officers. There are far Grant Program Reauthorization Act; Nighthorse-Campbell of Colorado and I more women as police officers today that the bill be read a third time and worked across the aisle to design a pro- than there were even when Senator passed and the motion to reconsider be gram that helps local law enforcement Ben Nighthorse-Campbell and I first in- laid upon the table, with no inter- agencies purchase bulletproof vests. We troduced this bill. both had a background in law enforce- The program is now stronger than vening action or debate. The PRESIDING OFFICER. Is there ment, and we drew on that. Mr. Presi- ever. I think the vast majority of Sen- objection? dent, let me show you what has hap- ators want to see this program reau- pened. Since 1987, this program has en- Mr. COBURN. Mr. President, reserv- thorized. I do not know why Repub- ing the right to object. abled over 13,000 State and local en- lican Senators have blocked it, espe- The PRESIDING OFFICER. The Sen- forcement agencies to purchase over 1 cially when we are now protecting, as ator from Oklahoma. million vests. we had not before, women police offi- Mr. COBURN. Thank you. No one can dispute that this program cers too. I do not know how we can The most senior Member of our body saves lives. I will never forget a law en- turn our backs on our police officers. understands the differences he and I forcement officer who testified before I would also urge support for the Na- have on a lot of issues. Most of what he our committee. He had his mother and tional Blue Alert Act, which was re- said is true in his statement about the father and his wife and children sitting ported by the Judiciary Committee sacrifices and the effectiveness. Where behind him in the Judiciary Com- with a strong bipartisan vote. It is we have a difference of agreement and mittee. The distinguished Presiding Of- sponsored by Senators CARDIN and a difference of understanding is in the ficer knows how often we have wit- GRAHAM. I am a proud cosponsor. The enumerated powers of the Constitution nesses speaking and their families are bipartisan Justice for All Reauthoriza- of the United States. there. tion Act, which I coauthored with Re- The fact is that every individual in He said: I love law enforcement. I publican Senator JOHN CORNYN and this country today owes $50,000 just on love law enforcement. The only thing I which reauthorizes important pro- the debt, and every family is respon- love more than law enforcement is my grams such as the Paul Coverdell Fo- sible for $1,100,000 in unfunded liabil- family. But there came a day as an of- rensic Science Improvement Grant ities that your children and you will ficer when I thought I would never see Program—named after a former Repub- ultimately pay for. my family again. lican Senator—is another important This is not about vests. This is about It was when he stopped somebody in bill to law enforcement that we should continuing to do the same thing that a routine traffic stop. The man came approve without further delay. It actu- got our country in trouble. This is a out of the car and shot him twice in ally defies common sense that any Sen- $120 million authorization with no off- the chest. He reached down underneath ator would object to these pieces of leg- set, no cutting of spending anywhere the witness table and pulled up the islation. else. If it is a priority, we ought to cut vest. You could see the two bullets still Next week I will attend, as I almost spending somewhere else. But, more stuck in the vest. always do, the National Peace Officers importantly, the Constitution lists the He said: I got a cracked rib out of it, Memorial Service, and there will be a enumerated powers, and there is no but I saw my mother and father and wreath-laying at the National Law En- role for the Federal Government in my wife and children. I saw them when forcement Officers Memorial, which terms of funding local police depart- I was at the hospital, where they were now contains the names of over 20,000 ments. It would be nice to do if we were treating me for the cracked rib. I saw fallen officers. I remember shortly in surplus. We could ignore the enu- them there. They did not have to go to after I became State’s attorney going merated powers. But we are not in sur- the morgue to see me. to the funeral of one of those fallen of- plus. We are borrowing tons of money

VerDate Mar 15 2010 00:11 May 07, 2014 Jkt 039060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\A06MY6.008 S06MYPT1 jbell on DSK7SPTVN1PROD with SENATE S2692 CONGRESSIONAL RECORD — SENATE May 6, 2014 every year. We are going to borrow $580 you stand with law enforcement, then added to it, but to move it forward—I billion this year—$580 billion against you need to stand with them when it voted for it to move this bill forward to the future. And the small thing—this is matters most. I can assure you—and the floor. small. It is only $120 million. I do not they can assure you—it matters here, When I became the chair of the com- object to our police officers having and it matters now. mittee, I had committed to RON vests. I want them all to have vests. I I yield the floor. I think I have ex- WYDEN, the former chair, and LISA want all the women to have vests. But pressed my dismay that the other side MURKOWSKI, the ranking member— it is not a role for the Federal Govern- of the aisle would not stand up to pro- which it is really their work, along ment. It is a role for my hometown po- tect these police officers. with Senators SHAHEEN and PORTMAN, lice department in Muskogee, OK. The The PRESIDING OFFICER. The Sen- two outstanding members of the com- taxpayers there should protect our po- ator from Louisiana. mittee—to see what I could do to move lice officers. Ms. LANDRIEU. Madam President, I this bill forward. Our Founders were very clear, and come to the floor to speak about the I wanted to talk a minute about why the reason this country is in trouble is issue that is before us now on the floor, this is important and frame this in a we continue to practice outside the pa- the energy efficiency act, led by Sen- way that our Members can understand rameters of a limited government and ator SHAHEEN and Senator PORTMAN. it. First—I am going to talk about the take away the responsibility and obli- The issue the Senators from Okla- bill itself in a minute, but let me just gations of State and local commu- homa and Vermont just spoke about is step back and say this: There have nities. extremely important, and there will be, been 302 bills filed in this Congress that On that basis, I raise an objection I am sure, appropriate time to debate relate to energy that have been sent to and do not agree. that issue. I thank Senator LEAHY for our committee for review. I am sad to The PRESIDING OFFICER. Objec- his extraordinary leadership for the say, and I think my constituents and tion is heard. safety and support of our police offi- Mr. LEAHY. Well, Mr. President, I cers, for the many, literally dozens of others will be disappointed to hear, am sorry to hear this. I hear people years—decades—he has served, and he that only 13 of those bills have become law. I want to repeat that: 302 bills who supported a useless war in Iraq, continues to do a magnificent job, and have been referred to the Senate Com- and they will talk about how much I will be supporting him in those ef- mittee on Energy and Natural Re- money we spend. It was the first time forts. sources since the beginning of this Con- in America’s history—— But I came to the floor to speak gress and only 13 have become law. One Mr. COBURN. Will the Senator yield today about the bill that is now before of the reasons I wanted to bring the en- for a moment, just for a question? us, with a vote of 79 votes—a very ergy efficiency bill to the floor is be- Is the Senator aware that I never strong bipartisan signal that Repub- cause I think we need to make that 14. voted for any of the money for that licans and Democrats would like to de- I think this record is pretty dismal, bate an energy efficiency bill that spending? and this is not a negative statement to (Ms. HEITKAMP assumed the Chair.) came out of the Energy Committee on the leadership of the committee prior Mr. LEAHY. Madam President, if the a vote of 19 to 3. to my being there. It is rather a reflec- Senator will go back to what I said, it I just became the chair of this com- tion on the lack of cooperation that we did not refer to him. mittee, but I have served on it now for are getting either at the committee I worry about those, however, who almost 18 years and just a few weeks level or in the Senate. It most cer- voted for that war and did not vote to ago became the chair. I have had the tainly is not a reflection on the talents stop that war and voted for the very privilege to work with Republican and of the former chairman, RON WYDEN, first time that this country has ever Democratic chairs of this committee. I and LISA MURKOWSKI, who couldn’t gone to war in its history without a tax am excited about the opportunity to have worked—and this is sort of the to pay for it. We voted for it on a credit try to find a path forward with the Pre- sad underpinning. You couldn’t find card—an unnecessary war, a war that siding Officer, who has been, although two leaders who tried to work together hurt the interests of the United States, not a member of the committee, an ab- more than these two. I know because I and it will eventually cost us $2 tril- solutely outstanding leader on energy have sat next to them on that com- lion. Nobody—nobody—talks about issues since arriving in the Senate, and mittee for 18 years and I have watched paying for that. But to protect the po- really look forward to working with them. I am an eyewitness to their cor- lice officers, who are on the street her and Members from both sides of the dial, respectful conversations, both on every day protecting us, oh, we cannot aisle to actually deliver what I think and off the committee, when the cam- do that. We cannot do that, even the American people want: a sensible eras were on and when the cameras though we have done so before. mainstream energy policy for America were off. Nobody can question this or I could name the six police officers that increases domestic energy produc- deny it because everyone knows it is who were killed in Oklahoma. I am not tion, efficiency, and conservation; cre- true, and there are many eyewitnesses going to. I am not trying to make this ates millions of jobs right here at besides myself. personal. But the Presiding Officer un- home; makes us more energy secure The question becomes, if a com- derstands law enforcement. She sup- and energy independent; and works mittee has two people who are working ported this. Everybody on this side of with our friends, not our enemies. well together, a committee that is as the aisle supports it. It is to protect I think we can get it done. I have important in jurisdiction as Energy our police officers. been in the Senate long enough to and Natural Resources is in this coun- We will spend $2 trillion on a useless know that things aren’t easy, but I try, how is it possible that we can only war, but we will not spend a tiny frac- refuse to be cynical. I refuse to be, woe get 13 out of 302 bills passed? That is a tion of 1 percent—one one-thousandth is me, the world is coming to an end, very interesting question. Why of 1 percent—to support our men and which I hear a lot around here. I think couldn’t we get 14 done this week? women, especially when we now have a there are a lot of positive things going That is why I brought this bill to the provision in here to protect women po- on in the country. floor or asked for it to come to the lice officers as well as men police offi- In the Presiding Officer’s home floor, particularly because it is impor- cers. What could be more—what could State, North Dakota, I think there is tant to both Democrats and Repub- be more—nonpartisan than this? That zero unemployment. I think we come licans. is why Senator Ben Nighthorse-Camp- in second at about 4.5 percent unem- Let’s talk for a minute about how bell and I joined together, why Repub- ployment in Louisiana because we are important this bill is. I have 10 pages of licans and Democrats have joined to- busy working—not fighting but work- a single-spaced list of businesses, orga- gether. ing—together to produce energy jobs nizations that support this Shaheen- I am proud that every Democratic for the country. Portman bill, which I will submit for Senator is in favor of this legislation. I I was very proud to support this effi- the RECORD. Remember, it came out of wish the Republicans would lift their ciency bill in committee. I would like, committee, one of the few of the 300 objection. We should pass this bill. If of course, to see some additional things filed, on a 19-to-3 vote.

VerDate Mar 15 2010 02:22 May 07, 2014 Jkt 039060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G06MY6.030 S06MYPT1 jbell on DSK7SPTVN1PROD with SENATE May 6, 2014 CONGRESSIONAL RECORD — SENATE S2693 There are roughly 200 organizations Systems, Inc.; Saint-Gobain; Schneider Elec- sociation of Energy Service Companies and businesses. I am going to submit tric; Schweizer Dipple, Inc. (NAESCO), National Association of Manufac- Sibley, Inc.; Siemens Corporation; Sika all of their names for the RECORD, but turers, National Association of State Energy I just wanted to read a few, to under- Corporation; SimplexGrinnell; Solar Tur- Officials (NASEO), National Community Ac- bines Incorporated; SPRI, Inc.; Stonyfield tion Foundation, National Electrical Manu- stand the breadth of support for this Farm; Symantec; T. H. Martin Inc.; TE facturers Association, National Restaurant bill before I talk about what this bill Connectivity; TECO Westinghouse Motor Association, National Roofing Contracting does. They are: Alcoa, American Air, Company; Tendril; TerraLUX; The Dow Association (NRCA), National Small Busi- Inc., Aspen Skiing Company, BAE Sys- Chemical Company; The Stella Group, Ltd.; ness Association (NSBA), National U.S. tems, Caterpillar Inc., Dow Corning, Thomas & Betts; Trane; TRI-C Sheet Metal, Clean Heat & Power Association. Eastern Mountain Sports, Intel, Inter- Inc.; United Technologies Corporation; Uni- New England Council, New England Fuel national Paper, Owens Corning, versal Lighting; Ushio America; Vantage; Institute, North Carolina Chamber, North- Raytheon Company—one of the largest Veka Inc.; Vinyl Siding Institute; Watkins east Energy Efficiency Partnerships (NEEP), Manufacturing; WattStopper; Westinghouse Northwest Energy Coalition, Northwest En- in the world, Solar Turbines Incor- Lighting Corporation; Willham Roofing Co., ergy Efficiency Alliance, Northwest Energy porated, Universal Lighting, American Inc.; Whirlpool Corporation. Efficiency Council, Ohio Business Council for Jewish Committee, Christian Coali- FAITH BASED ORGANIZATIONS a Clean Economy, Ohio Chemistry Tech- tion, ConservAmerica, Earth Day Net- American Jewish Committee, Christian nology Council, Ohio Manufacturers Associa- work, the National Wildlife Federa- Coalition, Interfaith Power and Light, Union tion, Ohio Petroleum Marketers & Conven- tion, the American Chemistry Council, for Reform Judaism. ience Store Association, Oil Heat Council of New Hampshire, Oil & Energy Service Pro- American Lighting Association, Con- ENVIRONMENTAL ADVOCATES sumer Federation of America, League fessionals, Oregon Environmental Council, Clean Air-Cool Planet, Clean Water Ac- Outdoor Industry Association, Petroleum of Women Voters, the U.S. Chamber of tion, Climate Solutions, Conservation Law Marketers Association of America, PEW Commerce, and the U.S. Conference of Foundation, Conservation Services Group, Charitable Trusts, Plumbing Manufacturers Mayors. ConservAmerica, Earth Day Network, Envi- International, Polyisocyanurate Insulation I ask unanimous consent to have ronment America, Environment Northeast, Manufacturers Association (PIMA), Rebuild- printed in the RECORD the list of en- Environmental Defense Fund, Environ- ing Together, Sheet Metal and Air Condi- dorsements. mental and Energy Study Institute, Environ- tioning Contractor’s National Association There being no objection, the mate- mental Law and Policy Center, League of (SMACNA), Solar Energy Industries Associa- Conservation Voters, Massachusetts Climate rial was ordered to be printed in the tion, Southeast Energy Efficiency Alliance Action Network, National Wildlife Federa- (SEEA), Southern Alliance for Clean Energy, RECORD, as follows: tion, Natural Resources Defense Council, Si- SPI: The Plastics Industry Trade Associa- THE ENERGY SAVINGS AND INDUSTRIAL COM- erra Club, World Wildlife Fund, The Wilder- tion, The Aluminum Association, The Vinyl PETITIVENESS ACT (SHAHEEN-PORTMAN) EN- ness Society, Oregon Environmental Coun- Institute, U.S. Chamber of Commerce, U.S. DORSEMENTS cil, Earthjustice. Conference of Mayors, U.S. Green Buildings BUSINESSES: TRADE ASSOCIATIONS/THINK TANKS Council, Utah Clean Energy, Union of Con- A.O. Smith; Aberdeen Mechanical; ABM Adhesive and Sealant Council, Air-Condi- cerned Scientists, Vinyl Building Council, Energy; Acuity Brands Lighting; Alcoa; tioning, Heating and Refrigeration Institute, Window and Door Manufacturers Associa- American Air, Inc.; American Power Conver- Alliance for Industrial Efficiency, Alliance tion. sion; Anvil Knitwear; Aspen Skiing Com- to Save Energy, American Architectural Ms. LANDRIEU. I could go on and on, pany; AT&T; Autodesk; Avon Lake Sheet Manufacturers Association, American Chem- but the point I think is clear. There are Metal Co.; BAE Systems; Baldor; BASF; ical Society, American Chemistry Council, organizations from the left, the right, Bayer; Best Buy; BJB Electric L.P.; The American Council for an Energy-Efficient the center, large and small, business Brewer-Garrett Co.; Bosch; Capital E; Cap- Economy, American Institute of Architects, coalitions, consumer coalitions, saying stone Turbine Corporation; Caterpillar Inc.; American Lighting Association, American Castle Heating & Air, Inc. Public Power Association, Appliance Stand- act now on energy efficiency. Clif Bar; CLC Associates; Cooper; Coulomb ards Awareness Project, ASHRAE, Associa- We may not be able to, and I doubt Technologies; Creston Electronics; D. L. tion of Pool & Spa Professionals, Association sincerely that in the next 4 days on Page, Inc.; Danfoss; Deco Lighting; Direct of State Energy Research and Technology floor of the Senate we can draft an en- Energy; Dow Corning; Duct Fabricators, In- Transfer Institutions (ASERTTI), Bipartisan ergy policy for America. That would be corporated; DwellTek Home Energy Solu- Policy Center, Business Council for Sustain- a bar set a little too high for what we tions; Eastern Mountain Sports; Eaton Cor- able Energy, Business for Innovative Climate will be able to do between Tuesday and poration; eBay Inc.; ECOtality; EDA Archi- and Energy Policy, Business Roundtable, Friday. tecture; Eileen Fisher; eMeter; Energy Plat- Boulder Green Building Guild, Cellulose In- forms; EnerNOC; EnLink GeoEnergy; sulation Manufacturers Association, Center But we could do two important FlexEnergy; Frank & Fric. Inc.; Fresh En- for the Celebration of Creation, Center for things for the country: pass this energy ergy; Fulton & Associates Balance Company; Environmental Innovation in Roofing, Citi- efficiency bill and pass the Keystone G&W Electric; Geauga Mechanical Co., Inc.; zens for Pennsylvania’s Future Pipeline, something I am proud to vote General Electric; Gilbert Industries, INC. (PennFuture), Combined Heat and Power As- for. You will vote for it. It is a piece of Guardian Industries; Graftech; Green sociation, Consumer Federation of America, the energy infrastructure this country Strategies, Inc.; HAVE, Inc.; Honeywell; Consumers Union, Copper Development Asso- needs, this country deserves, and we HUBBELL INCORPORATED; Imperial Heat- ciation, Council of North American Insula- need to move forward on it. ing & Cooling, Inc.; Industrial First, Inc.; tion Manufactures Association, Digital En- So in the spirit of balance, com- Infineon Technologies; Ingersoll Rand; Intel; ergy & Sustainability Solutions Campaign International Paper; Itron; JELD-WEN; (DESSC), Efficiency First. promise, fairness, and common sense— Johns Manville; Johnson Controls; Energy Future Coalition, Federal Perform- which we are not finding around here Kaiserman Company; Knauf Insulation; ance Contracting Coalition, Friends Com- very often—I thought: Let’s see. We LEDnovation; Legrand; Lennox Inter- mittee on National Legislation, Geothermal have an energy efficiency bill that is national; Leviton; Levi Strauss and Co.; Exchange Organization, Green Building Ini- supported by an extraordinarily broad Linde; Litetronics International Inc.; tiative, Habitat for Humanity International, and deep coalition of businesspeople LumenOptix; Luminus Devices, Inc.; Lutron; Illuminating Engineering Society, Industrial and supported by two of the most re- Luxury Heating Co.; Magnaray. Energy Efficiency Coalition, Industrial Min- Masco Corporation; Middle Atlantic; Miles erals Association, Information Technology spected Members of this body. Mechanical, Inc.; Nalco, an Ecolab Company; Industry Council (ITIC), Institute for Market May I remind everyone, JEANNE SHA- National Grid USA; Nexans USA Inc.; North- Transformation, Institute for Sustainable HEEN was a Governor before she was a ern Ohio Roofing & Sheet Metal Inc.; Orion Communities, International Association of Senator. She has been serving for dec- Energy Systems; OSRAM SYLVANIA; Owens Lighting Designers, International Associa- ades in public office and is well known Corning; Owens Illinois; Panasonic Corpora- tion of Plumbing and Mechanical Officials, and well respected. tion of North America; Philips Electronics; International Copper Association, Ltd., BOB PORTMAN is not only a Senator PPG; Professional Balance Company (dba International District Energy Association, from Ohio but was formerly the Direc- PBC, Inc.); Quanex; RAB Lighting; Raytheon Large Public Power Council, League of tor of the Office of Management and Company; Recycled Energy Development; Women Voters, Midwest Energy Efficiency Regal-Beloit; RESNET; Rinnai America Cor- Alliance (MEEA), NAIOP, the Commercial Budget, OMB, so he understands about poration; Robert Bosch LLC; Robertshaw Real Estate Development Association, Na- finance, cost, and savings. I don’t think Controls Company dba. Invensys Controls; tional Association for State Community either he or JEANNE SHAHEEN would Rockwell Automation; RPM; Safety-Kleen Services Programs (NASCSP), National As- have put their names on this bill,

VerDate Mar 15 2010 03:39 May 07, 2014 Jkt 039060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G06MY6.016 S06MYPT1 jbell on DSK7SPTVN1PROD with SENATE S2694 CONGRESSIONAL RECORD — SENATE May 6, 2014 which they have been working on now ican, all day, all clean. Why aren’t we be enough votes to pass it—very, very for 5 years. This is not an election-year doing it? close. We have about 57 to 58 votes, as bill, as some would call it. This is a 5- The other side—and I know Senator I stand here. We need two or three or year, very hard effort by these two THUNE is going to speak in a minute— four more. We might get those votes as wonderful legislators to provide a bill said energy efficiency is not enough for the debate goes on and as people listen the country needs. So why aren’t we all us. We want to build the Keystone to the importance of promoting Amer- jumping up and down voting for it? Pipeline, so I agree. I agree. I think it ica as an energy superpower. That is a good question. is time to do both; to do this energy ef- I will talk more about that later in ROB PORTMAN, who was also the U.S. ficiency bill, to build the Keystone the week. I have a lot more to say Trade Representative under the Bush Pipeline. Why? Not because I don’t re- about the importance of the Keystone administration and saw firsthand when spect the process but because the proc- Pipeline. But for right now, I want to Congress passed very poorly thought- ess is over—5 years, 5 studies as re- ask colleagues on both sides of the out bills or made mistakes in bills we quired by law. Five studies were com- aisle to really think about the benefits passed, and seeing so many jobs leaving pleted, the last of which was a State to their districts, to their people, and to go to China and India, probably Department study that concluded it is to our country, to support the energy jumped on a chance to create jobs in actually environmentally safer to efficiency bill and to agree on a vote on America. Thank goodness for ROB transport oil from Canada, from the oil the Keystone Pipeline in hopes of get- PORTMAN. That is what our energy effi- sands in Canada to the refineries along ting a balanced effort moving forward. ciency bill does. It creates jobs for the gulf coast to provide energy for There will be time to talk about America. this Nation and create anywhere from other issues that are much more con- When I go home and I am out in my 30- to 50,000 jobs, depending on conserv- troversial. Although I support many of parishes, whether it is Tangipahoa Par- ative or liberal facts, talking points, to them, they are much more controver- ish or Richland Parish or De Soto Par- create jobs and to put America and sial, if you can believe it, than these ish or Caddo Parish or East Baton Canada closer together. We already are two. Even though Keystone is con- Rouge or Orleans Parish, people look together but even closer together to be troversial, we still have almost 60 at me and say: Senator, I don’t know a North American energy powerhouse. votes, so it is worth trying for. So that why everybody is yelling and scream- Canada has very high—as the Pre- is my pitch—to try to be as cooperative ing in Washington. I don’t know why siding Officer knows because she vis- as we can. everybody is yelling and screaming ited the oil sands. I am looking forward I think Leader REID has been ex- about the President or this or that. to going as soon as I can, but I do tremely reasonable in allowing the effi- Would you please tell them we want know, because she shared her experi- ciency bill to come to the floor, know- high-paying jobs. ences with me, that it is very spectac- ing there are lots—hundreds—of Yes, raising the minimum wage is ular to see the environmental safe- amendments that could be talked important. I am voting for the min- guards Canada has used to produce this about and that are extraneous to this imum wage. People don’t want to make resource that is so important to them issue. Technically, he is agreeing to a the minimum wage. They want to in the Alberta Province and to us. stand-alone vote on Keystone, which is make $40-, $50-, $60-, $70,000 a year. Why not have an energy efficiency a big concession for the leader of a They want an income for their families bill that is very popular with Demo- party where the majority of our Mem- so their kids can go to school, go to crats and supported by Republicans bers, unfortunately, aren’t supporting college, so they can live in their homes and then an energy piece, just a piece, it. I support it, Senator BEGICH sup- and retire securely. Do you think you not the whole energy policy of the ports it, Senator TESTER supports it, can do that at a minimum wage, world, not the whole energy policy of and Senator HEITKAMP supports it. But whether it is $7 an hour or $10 an hour? the United States but two important my friends on the Republican side No. pillars, efficiency and production, put should understand that when BOEHNER We have a bill on the floor that is them together, try to find compromise says he can’t take up an issue unless a going to create American jobs with and move it forward on these two majority of his caucus is for it, they all American manufacturers—maybe not pieces of legislation. Then we can get it jump up and down and say: Go Speaker all U.S. technology because frankly we over to the House, let the House decide BOEHNER, yes. That is the way to go. get good energy efficiency technology if they will do it, and move it to the Yet when HARRY REID stands up and from around the world, but Americans President’s desk separately because the says, listen, I am going as far as I can are very good at this—very good at it. President has powers in the Constitu- go here—the majority of my caucus In fact, it is so good that in an old tion, and we have our own powers. doesn’t even support Keystone, but I graph—which I am going to have up- One would think that would make a am going to allow a vote on it—my Re- dated and blown up because no one can lot of sense, and this is what I was hop- publican colleagues want to just push see this but me, unfortunately, because ing to do by asking the leadership to that aside as if he is not cooperating. It it is so small. If the cameras can pick allow the Shaheen-Portman bill to is disingenuous, it is hypocritical, and it up—and I am going to have it up- come to the floor. But evidently, as it is unfair. dated by this afternoon—we can see balanced, as fair as that sounds, I Now, Harry can fight his own battles. that it says, ‘‘Energy Efficiency: Amer- think it is unfortunately probably not He doesn’t need me to fight them for ica’s Greatest Energy Resource.’’ going to be sufficient to move this him. But let me just say to the other Energy efficiency supplies 52 percent issue forward. We shall see. We are side that I don’t want to hear anything of our overall resources, petroleum is going to open this for debate. from you all: Well, we can’t get that 35, natural gas is 23, coal is 19, and nu- I wish the debate could be about en- done because even though we have the clear is 8. ergy efficiency and the importance of votes in the House, we don’t have a ma- Think about energy efficiency as our this bill, things that might improve jority of Republicans. This is about Re- Nation’s greatest resource. Energy sav- this bill relative to energy efficiency publicans and Democrats sometimes ings from efficiency are real and save and not on other matters that both crossing the aisle to do what is right Americans money. Since 1970, energy sides know do not have this kind of for our country and not being held hos- efficiency improvements have reduced broad-based support. tage by the side wings of our parties. I U.S. energy costs by about $700 billion Some of the matters colleagues want wish I had a little more help around from what it would have been other- to file as amendments that are pend- here doing that. wise. ing, or those I know of that might Anyway, we will give it the old col- When we think about energy saved, it come to the floor, have not even come lege try and try to get this energy effi- is the cleanest energy. It is completely through our committee. This bill did ciency bill through and get an up-or- or almost completely American be- come through the committee on a 19- down vote on the Keystone Pipeline. If cause we are the ones saving it. We to-3 vote. While the Keystone Pipeline people cooperate, we will get it done. If may import a little of that technology has not yet come through committee, not, we will have had only 13 bills from other places, but it is all Amer- it can come to this floor and there may passed out of this Congress from the

VerDate Mar 15 2010 02:22 May 07, 2014 Jkt 039060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G06MY6.017 S06MYPT1 jbell on DSK7SPTVN1PROD with SENATE May 6, 2014 CONGRESSIONAL RECORD — SENATE S2695 energy committee, and we will have to times, seemingly nonexistent—that million jobs that will be eliminated are roll up our sleeves and go back to work many are wondering if the last 5 years not doctors’ jobs and they are not law- and figure out a better approach. This of sluggish growth and recession-level yers’ jobs. They are positions held by is the best one I could come up with. It unemployment could be the new nor- low-income workers who will be the may work; it may not. mal. And they are right; it could be, if first to suffer when employers have to I yield the floor. we continue the policies of the last 5 cut back on hiring or on hours as a re- The PRESIDING OFFICER. The Sen- years. sult of the minimum wage hike. ator from South Dakota. The widespread dissatisfaction with Then, of course, there is the Key- Mr. THUNE. Madam President, I ask the economy reflected in the Pew poll stone Pipeline, which we are talking a unanimous consent that at the conclu- may not be what Democrats want to little about today, and which the Presi- sion of my remarks, the Senator from see, but it is the natural outcome of dent has resolutely refused to approve, Wyoming Mr. BARRASSO be recognized, their policies. They have spent 5 years despite the fact that it would support, followed by the Senator from Arkansas pursuing policies that have not only according to his own State Department Mr. PRYOR. been unsuccessful in creating jobs but estimates, 42,000 jobs without spending Madam President, I modify the unan- have all too frequently actually hurt a dime of taxpayer money. imous consent request and ask that job creation. The people who will be hurt the Senator PRYOR be recognized at the Take ObamaCare. It is hard to even worst by the President’s decision to conclusion of my remarks, followed by know where to start when talking cow to the relentless pressure of far- Senator BARRASSO. about the damage ObamaCare is wreak- left environmentalists are the workers The PRESIDING OFFICER. Without ing on the jobs and the economy. There who would actually build the pipeline objection, it is so ordered. is the ObamaCare tax on lifesaving and the restaurants and small busi- Mr. THUNE. Madam President, yes- medical devices, such as pacemakers nesses who would benefit from pipeline terday USA Today and the Pew Re- and insulin pumps, which has cost workers’ business during construction. search Center released a new poll that thousands of jobs in this industry al- It is not just Keystone. Almost all of found Americans, by more than a 2-to- ready and is going to cost thousands the President’s energy policies would 1 margin, were dissatisfied with the di- more. There is the 30-hour workweek do serious damage to our economy and rection the country is going. Sixty-two rule, which has forced businesses, State to working Americans. Take the re- percent of Americans rate their per- and local governments, and nonprofits strictions on ground-level ozone levels sonal financial situation as poor or to cut the hours of workers in this the President’s EPA is scheduled to re- fair. A whopping 65 percent want the country. There is the employer man- lease by December of this year. next President to pursue policies dif- date, which has caused many busi- In 2010, the EPA proposed lowering ferent from those of the current Presi- nesses to rethink their plans to expand the permitted ozone levels from 75 dent. and hire new workers. Then, of course, parts per billion to 60 to 70 parts per What I would suggest is that the there is the burden the law places on billion. Energy industry estimates sug- American people are tired—they are small businesses. gest that lowering the ground-level tired of seeing their bills go up while The title of an article that appeared ozone concentration to 60 parts per bil- their paychecks don’t. They are tired in the Las Vegas Review Journal over lion would cost businesses—get this— of having to work harder just to stay in the weekend summed it up nicely, and more than $1 trillion per year—$1 tril- place—to say nothing of getting ahead. the headline went like this: ‘‘Own a lion per year—between 2020 and 2030. They are tired of economic promises small business? Brace for ObamaCare Job losses as a result of this measure that are often repeated but never ful- pain.’’ This article pointed out some- would total a staggering 7.3 million by filled. thing that is often overlooked in dis- 2020, devastating entire industries— Our economy has supposedly been in cussions of the law—that the people most especially U.S. manufacturing. recovery for years, but it is a recovery who will suffer the most from the small My own State of South Dakota would that feels a lot like a recession to ordi- business health plan cancellations that lose tens of thousands of jobs in manu- nary hardworking Americans. More ObamaCare will cause in Nevada and facturing, natural resources and min- than 10 million Americans are unem- around the country are those who can ing, and construction. ployed, and more than one-third of least afford it—the kind of people the Take a look at what this would actu- them have been out of work for more law was supposed to help. ally do. These are the areas under than 6 months. To quote from the article: these proposals that have been put for- While unemployment finally declined Some workers are at higher risk than oth- ward. Today there are probably a cou- last month, the decline was driven ers of losing company-sponsored coverage. ple hundred counties in the country more by the fact that 806,000 Ameri- Professional, white-collar companies such as that are not in compliance, in what we cans dropped out of the workforce en- law or engineering firms will bite the bullet call nonattainment areas—mostly tirely than by any meaningful surge in and renew at higher prices. . . . But mod- erately skilled or low-skilled people making urban, heavily populated areas. But if the number of those who are employed. $8 to $14 an hour working for landscaping we take a look at what their proposal Had the number of Americans partici- businesses, fire prevention firms or fencing would do on this map, this map rep- pating in the labor force stayed flat companies could lose work-based coverage resents those who would be affected if last month, the unemployment rate because the plans cost so much relative to we went to 60 parts per billion as op- would have actually gone up, not down. salaries. posed to the 75 parts per billion today. In fact, if the labor force participation That is right, Madam President. It is So instead of focusing on those coun- rate today were the same as it was low-income workers in places like Ne- ties in this country that are not cur- when President Obama took office, our vada who stand in the greatest danger rently in attainment and getting them Nation would have an unemployment of losing their employer-sponsored cov- to full attainment first, we are talking rate of 10.4 percent. erage. That is frequently the story about expanding dramatically the im- So what is happening is more and when it comes to the Democrats’ so- pact this would have all across the more people are leaving the labor called job-creating policies. Democrats country. force. They are completely discour- like to suggest that Republicans are in- Look at my State of South Dakota, aged. But the labor force participation different to workers’ plight, and that for example. We have areas that rate has fallen, and one of the main only Democrats really have a plan to wouldn’t be in attainment. We don’t reasons it has fallen is because so offer help. But in fact the Democrats’ think of South Dakota as being a place many Americans have grown so dis- plans to help often pose the most dan- where we have problems with clean air couraged that they have given up look- ger to low-income workers. and ozone issues, but this is clearly a ing for work entirely. There is ObamaCare, of course, as I regulation which, if put into effect, Our country has experienced reces- mentioned, but there is also the min- would cost the economy literally bil- sions before, but we have always imum wage proposal, which the Con- lions and billions of dollars—in one es- bounced back. But our recovery from gressional Budget Office says will timate $1 trillion per year between 2020 this recession has been so slow—at eliminate up to 1 million jobs. Those 1 and 2030.

VerDate Mar 15 2010 02:22 May 07, 2014 Jkt 039060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G06MY6.018 S06MYPT1 jbell on DSK7SPTVN1PROD with SENATE S2696 CONGRESSIONAL RECORD — SENATE May 6, 2014 If we look at where this hurts people Under my amendment, 85 percent of I rise today to focus on something the most, again, it is the people who these counties would have to achieve the Arkansas electric cooperatives are in the lower and middle-income full compliance with the existing have been involved in, and I thank 25 range—people whose budgets are more standard before the EPA can move for- power linemen in the 12 electric coops heavily affected by hikes in their en- ward with a lower level which dramati- in Arkansas who recently completed a ergy bills. cally expands the reach of ozone regu- mission to electrify two remote Guate- Today the President will hold press lations. I hope the Senate will get the malan villages. Combined with a 2013 events to raise the alarm about climate chance to vote on these proposals. project, Arkansas electric cooperative change and push for more job-killing, I also hope the Senate will get a linemen have assisted in providing industry crippling energy policies, but chance to vote on the Keystone amend- electric service to more than 770 rural it will be interesting to see if he spares ment so we can get those 42,000 jobs Guatemalan residents who otherwise a line or two for the millions of Ameri- opened to American workers. would not have electricity. This is the cans whose jobs will be lost and whose It has been a long time since we have first time these people have ever had household budgets will be shattered as had a real energy debate in the Senate. electricity in their lives. a result of his proposals. But given our sluggish economy and This rural electrification initiative is This week the Senate is going to be the danger the President’s energy pro- part of Arkansas’s Operation Razor- considering the Shaheen-Portman en- posals pose to any future growth, I am back-Guatemala that started in 2012 in ergy legislation. I plan to introduce hoping the majority leader will decide cooperation with the National Rural three amendments to check EPA over- it is time for a debate. Electric Cooperative Association Inter- reach and to protect American workers The election-year agenda offered by national. After a year of planning, the from the devastating effects of the Democrats and the President is just linemen arrived in Guatemala on EPA’s ground-level ozone and green- more of the same job-killing, growth- March 26 and then traveled approxi- house gas proposal. stifling legislation that Democrats mately 9 hours to the remote villages The first amendment will require have been offering for the past 5 years. of Las Flores and La Hacienda to Congress to vote up or down on any Like the legislation the Democrats and ‘‘light up’’ the land. I commend them EPA regulation that has an annual the President have offered for the last for giving their time, energy, and cost of more than $1 billion. Pretty 5 years, it will do the worst injury to know-how to improve the lives of hun- straightforward. Let the people’s rep- those Americans who can least afford dreds of Guatemalans who before this resentatives vote. If they are going to it. did not even know—because electricity put regulations out there that are Pundits may warn that our current is a critical element to improving the going to cost more than $1 billion, let economic malaise is the new normal, quality of life—the quality of health us have Congress vote on those. but it doesn’t have to be that way. We care, the quality of education, and The second amendment would pro- can get the economy going again. We some of the basics that, again, we often hibit the EPA from finalizing green- can lift the heavy burden of govern- take for granted in this country—such house gas regulations for new and ex- ment regulation and free businesses to as clean water and many other vital isting power plants if the Department grow and create jobs. We can make it services. of Energy and the GAO determine easier, not harder, for middle-class This area in Guatemala processes and those regulations will raise energy workers to find stability and for lower exports coffee beans that end up at prices or cost jobs. So if the Depart- income workers to make it into the companies such as NESCAFE, McDon- ment of Energy and the GAO determine middle class. ald’s, Starbucks, and other coffee out- the regulations will not impact jobs or According to the Pew/USA Today lets. This new reliable access to elec- energy prices, the EPA can go forward poll, 65 percent of Americans want the tricity will help these villagers in- and finalize those regulations. next President to pursue different poli- crease the quantity and quality of It is time to be honest with the their locally grown coffee, resulting in American people about the cost of cies. It is still a couple more years until the next Presidential election, economic prosperity and a better qual- these regulations. Taken together, ity of life for present and future gen- but there is no reason Congress can’t these two amendments are a strong erations. So they will be even more start pursuing different policies today. step toward placing a check on EPA’s connected with the global economy be- The American people have been strug- regulatory train wreck. cause of what these people from the Ar- gling for long enough. The final amendment I will offer is kansas electric coops did to help these specific to the administration’s upcom- I yield the floor. The PRESIDING OFFICER. The Sen- folks. ing proposal on ground-level ozone, Senator BOOZMAN could not be here ator from Arkansas. which as I just mentioned is the most today; otherwise, he would be here sit- expensive regulation in EPA’s history. OPERATION RAZORBACK-GUATEMALA ting at his desk saying a few words. The cost of this regulation is so great Mr. PRYOR. Madam President, I But he did pass on for me a brief state- that when the EPA first proposed lower thank my colleague who allowed me to ment he wanted me to read: levels in 2010, the White House delayed jump in front of him in the line. I ap- We are proud of Electric Cooperatives of those regulations until after the Presi- preciate that. Arkansas’s willingness to support people dent’s reelection. I am sorry for my voice today. I around the world who need safe, affordable My amendment is straightforward. sound a little bit like Daffy Duck, but and reliable electricity. Operation Razor- First, it would require the EPA to I have a cold, and I am working back has been a real success that will result consider the costs and feasibility of through that right now. in improved economic prosperity, a higher new ozone regulations. Many Ameri- I rise today to speak for a few min- quality of life and more opportunities for cans would be surprised to know the utes about something in this country Guatemalans today and for future genera- tions. Sharing our knowledge, expertise and EPA isn’t even allowed to consider we take for granted—and that is elec- technology will make a lasting impact. costs when setting these new regula- tricity. These Guatemalan villages will never be the tions. My amendment would fix that. Ever since the Rural Electrification same thanks to the progress made by the Additionally, my amendment would Act back in the 1930s passed, for the volunteers of Electric Cooperatives of Ar- force the EPA to focus on the worst most part every person in this country kansas. areas for smog before dramatically ex- has had access to electricity. I know We have a few of those people with us panding this regulation to the rest of there are a few exceptions, but basi- today, and I wish to recognize them: the country. As I mentioned on the cally that program has worked ex- Duane Highley, who is the CEO; map here, 221 counties across 27 States tremely well and continues to work. As Kirkley Thomas, who is the vice presi- don’t even meet the current standard the Presiding Officer, who comes from dent of the Arkansas Electric Coopera- of 75 parts per billion. It makes sense a rural State, knows, sometimes we tive Corporation in Arkansas; Mel to focus on these urban areas before ex- have investor-owned facilities, some- Coleman, CEO of the North Arkansas panding ozone regulations to places times we have these cooperative type Electric Cooperative; Paul Garrison, such as western South Dakota, where utilities, and sometimes we have even one of the linemen who actually went we clearly don’t have a smog problem. municipalities. on the trip.

VerDate Mar 15 2010 02:22 May 07, 2014 Jkt 039060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G06MY6.019 S06MYPT1 jbell on DSK7SPTVN1PROD with SENATE May 6, 2014 CONGRESSIONAL RECORD — SENATE S2697 I asked him earlier: What is the first dermine the work being done at the Madam President, I yield the floor. thing these people will get? He said: State level, whether it is to manage f Lights. Naturally that is what they are lands and natural resources, protect air RECESS SUBJECT TO THE CALL OF going to try to get. and water, or conserve species. Again, we appreciate them. And also, When we look at the work of these THE CHAIR Jo Ann Emerson, a long-time friend State agencies—as the Western Cau- The PRESIDING OFFICER. Under and colleague on the House side, presi- cuses have done in this report—it is the previous order, the Senate stands dent and CEO of NRECA. clear that when it comes to conserva- in recess subject to the call of the In addition to donating their time tion and environmental efforts, the Chair. and raising more than $100,000 to sup- States do get it right. More often than Thereupon, the Senate, at 12:43 p.m., port this electrification effort, the not, Washington gets it wrong. recessed subject to the call of the Chair group also trained local linemen, do- It is time for Washington to stop its until 2:43 p.m. and reassembled when nated power infrastructure materials, overreaching regulations and the con- called to order by the Presiding Officer and distributed humanitarian aid items tinual drip, drip, drip of mandates. It is (Ms. BALDWIN). to these local villages. time for Washington to stop getting it f I again thank the coops and acknowl- wrong and start recognizing how THE ENERGY SAVINGS AND IN- edge them for how they are making not States get it right. DUSTRIAL COMPETITIVENESS only Arkansas better but also making The report has details about specific ACT OF 2014—MOTION TO PRO- the world better. things different States are doing, but I CEED—Continued Madam President, I yield the floor. want to mention four categories where The PRESIDING OFFICER. The Re- The PRESIDING OFFICER. The Sen- States are leading the way when it ator from Wyoming. publican whip. comes to environmental stewardship. Mr. CORNYN. Madam President, ENVIRONMENTAL STEWARDSHIP The first is protecting species on the Americans understand the relationship Mr. BARRASSO. Madam President, ground. This includes conservation between affordable energy and a today President Obama is doing tele- policies that States are developing, stronger economy. They understand it. vised events talking about climate where they work with industry and They may not know all the numbers, change. According to press reports, the landowners to protect species without but intuitively they know in their gut President is ready to pivot to the envi- hampering multiple-use policies; that that affordable energy is critical to a ronment as an issue. is, multiple use of the land. sound and strong economy. Well, I also want to talk about envi- Second, States are showing the right Between 2008 and 2013, America suf- ronmental stewardship today. I want way to protect our water, land, and air. fered through a financial crisis—a deep to talk about what is going on in some They are putting in place ideas that recession, sometimes called the great of our States, where they are actually are tailored to the needs of their own recession. There was nothing great doing something, not just talking communities. They are actually look- about it because it turned our country about it. ing at what is unique about their State and our economy on its head, and it re- Today the Senate and Congressional and the best way for people to solve sulted in the highest level of unem- Western Caucuses are issuing a new re- problems locally. ployment since the Great Depression. port called ‘‘Washington Gets it Third, States are promoting access to Yet over the same period of time, U.S. Wrong—States Get it Right.’’ fish and wildlife. States understand production of oil increased by 50 per- The report shows how regulations they need to manage and protect lands cent. imposed by Washington are under- and waters in a way that allows for Meanwhile, from 2007 to 2012, Amer- mining the work being done at the public spaces to be enjoyed. That ica’s production of shale oil increased State level to manage our lands, our means ensuring those spaces remain in- by an astounding 18-fold while our pro- natural resources, and to protect our tact for future generations. These are duction of gas grew by more than 50 air and water. called natural resources for a reason— percent. In fact, it is now projected More often than not, Washington reg- they are meant to be enjoyed by all of that the United States could well be a ulations and one-size-fits-all mandates us, not sealed off under Washington’s net exporter of natural gas. The termi- do get it wrong. In the West we take lock and key. nals that were built along the gulf very seriously our commitment to en- Fourth, the report looks at what coast and elsewhere to try to facilitate suring the health and viability of land, States are doing right when it comes to the importation of natural gas are now wildlife, and the environment. That is in-state scientific and support staff. being retrofitted and turned around so at both the local and the State levels. State agencies are employing thou- that the excess natural gas produced Federal agencies such as the Envi- sands of people who live in the commu- right here in the U.S.A. is available to ronmental Protection Agency and the nities they are trying to protect. export. Department of the Interior like to Who has more incentive to protect As we have learned, among other think of themselves as the ultimate the local environment? The people who things, this could change the geo- protectors of our Nation’s skies and are living there, the people who are politics of the globe. If America and open spaces. But we have seen time and working there, and the people who are the rest of the world no longer depend time again that the work being done at raising their children in these commu- on the Middle East—and if Europe and the State level is more reasonable, nities, or some bureaucrats locked in a Ukraine are no longer dependent on more effective, and certainly less Washington, DC office? Who knows Russia—for their sole supply of energy heavyhanded. more about the specific unique features and oil, it could change the world as we Thousands of people are working of a State or local area and what will know it. across the West to protect their com- work best there? Well, as I started out by saying peo- munities. These are people who live in The Senate and Congressional West- ple understand the relationship be- the West, not bureaucrats in Wash- ern Caucuses have put out this report tween affordable energy and a stronger ington offices. Nobody is better quali- to highlight just a few of the State ini- economy, nowhere else do they under- fied than the folks who actually live in tiatives we believe are working. I hope stand it any better than in Bismarck, the West, because they actually walk the President will take some time ND, or in the Permian Basin in Texas. the land and breathe the air—the land today to not just talk but to actually Those are the two places, the last time and the air they are trying to protect. listen and to read our report and see I checked, that had the lowest level of So our report looks at the work being some of the ways States are getting it unemployment in the country, and it is done by State agencies to protect not right and Washington is getting it not a coincidence. These are places just the land they live and work on but wrong. that are producing huge volumes of also the people who rely on the health If others are interested and wish to American oil and natural gas, and it is and safety of that land. read the report, they can certainly find creating a lot of jobs in the process. As this report demonstrates, extreme it at my Web site, www.barrasso In short, even amid a difficult period regulations imposed by Washington un- .senate.gov. of economic stagnation, America has

VerDate Mar 15 2010 03:12 May 07, 2014 Jkt 039060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G06MY6.021 S06MYPT1 jbell on DSK7SPTVN1PROD with SENATE S2698 CONGRESSIONAL RECORD — SENATE May 6, 2014 been experiencing a true revolution in economic policy. Thanks to this inno- the benefits of cap and trade. It does domestic energy output. This is a little vation I alluded to a moment ago, you not pass the cost-benefit test. bit inside baseball, but a few years ago are seeing other parts of the country The same is true of President people were talking about peak oil, as experience this, some for the first time. Obama’s backdoor energy tax. Over the if all of the oil that could be discovered But we are all learning that maxi- coming decades, America’s contribu- had been discovered in the world; we mizing domestic energy production tion to worldwide carbon dioxide emis- were running out. Well, obviously, that will create American jobs, and it will sions growth will be minuscule. More- has proven not to be true. But, as I make America safer. They are also be- over, as I mentioned, the EPA itself— said, all you need to do is to visit the ginning to understand better that mis- the Obama administration Environ- Permian Basin in West Texas, the guided government policies can destroy mental Protection Agency—does not Eagle Ford Shale region in South those same jobs and perpetuate our de- believe the greenhouse gas rule would Texas or the Barnett Shale region in pendence on foreign energy sources. have a significant impact on U.S. emis- North Texas and see what happens For example, many people in my State sions by 2022—8 years from now. So the when America is a good steward of the are very concerned about the regu- benefits of this backdoor energy tax natural resources we have been pro- latory process at the Federal level and would be virtually nonexistent, while vided. particularly a proposal that will, in es- the costs would be all too real, includ- The numbers in my State are really sence, enact a backdoor energy tax in ing higher energy prices and lost jobs. amazing—in the great State of Texas. the form of new greenhouse gas rules. The shale gas revolution, as it is During the month of February, our The proposed rule would have a major called—shale because that is the rock State’s average daily oil production hit economic cost in return for meager or it is produced from through this phe- a 28-year high—a 28-year high—as we nonexistent benefits. The Obama Envi- nomenon known as fracking. And for produced more than 2 million barrels of ronmental Protection Agency itself ad- those who are scared about the concept oil a day. What does that mean, if you mitted that its greenhouse gas rule of fracking, who do not really under- do not come from an oil-producing would not have a notable impact on stand it, this is a process that has been State, an energy-producing State? U.S. carbon dioxide emissions by 2022. used for about 70 years around the That means, at minimum, that is 2 Speaking of which, I hope my friends country. It is very safely regulated at million barrels a day less we have to across the aisle—who frequently argue the State and local level, and, if proper import from OPEC—the Organization that we must have government-im- drilling practices are observed, casing of Petroleum Exporting Countries—in posed CO2 reductions, even if it kills is submitted in a hole in a way that the Middle East. That is 2 million bar- jobs and raises the price of energy for protects drinking water and other pos- rels less a day that we are held hostage consumers—appreciate that this same sible contamination. So it can and has to that volatile region of the world. natural gas and energy revolution that been done on a daily basis for lo these In Karnes County, TX, alone, which we have talked about has itself—all by seven decades. is part of the Eagle Ford Shale region, itself—resulted in a significant decline But the shale gas revolution has been total monthly oil production was near- in CO2 emissions. That is by virtue of critical to America’s economic growth ly 4.9 million barrels. How did this hap- this same innovation that has created during a time the rest of the economy pen? Well, it happened because of the all this natural gas—cheaper, more af- has struggled, and it is going to be innovation of this sector of our econ- fordable energy—to help drive our even more vital in the decades ahead. omy—the energy sector—and it has economy and help create more jobs. At According to one study, by 2035 un- made it cleaner, safer, much more pro- the same time it has reduced CO2 emis- conventional oil and gas resources ductive than it has been at any other sions. Between 2005 and 2012, U.S. emis- alone—that is what comes from shale; time in the past. sions dropped by more than 10 percent. shale oil, shale gas—will support close In Midland, TX, which I mentioned a Indeed, emissions dropped more in the to 3.5 million jobs in America and moment ago—part of the incredibly United States than in Europe, which make $475 billion in value-added con- productive Permian Basin, which has already has in place some draconian tributions to America’s economy. been producing oil and gas for many measures, such as a cap-and-trade rule, Where would we be this last quarter, decades now—monthly oil production a carbon tax, and those sorts of poli- when the gross domestic product of our grew from about 842,000 barrels in Feb- cies. It has dropped more in America economy grew at 0.1 percent, if it were ruary 2008 to 1.9 million barrels in Feb- without those because of this innova- not for what I am talking about here, ruary 2014, for a total increase from tion and this natural gas renaissance. this energy renaissance in America? 2008 to 2014 of 128 percent—128 percent. I admit this natural gas boom was We would be in a recession, in my judg- Incredible. not the only reason our emissions went ment, because it has contributed so As I said, it is not surprising that down, but many experts believe it was much that it has essentially negated a this area of our State and our country the most important. lot of the other bad policies that have has one of the lowest unemployment Despite this progress, the majority kept American job growth nearly rates in the entire Nation. There is a leader insists that we are still not flatlined otherwise. relationship between affordable energy doing enough to curb CO2 emissions. Given all of that, it would be my and a strong economy and strong job But do you know what. He refuses to hope based on this evidence—not based growth. It is a place, for example, bring a bill to the floor that would ac- on my comments or my arguments but where a person with a high school di- tually, according to his scenario, do based on the evidence—we should be ploma or a general equivalency degree, something about it—the so-called cap- doing everything in Washington to sup- a GED, can make $75,000 a year driving and-trade bill. I do not support that be- port this revolution, or some have trucks. So if you can get a commercial cause I think it would raise energy called it a renaissance. Call it what driver’s license in Midland, TX, and costs, it would have negligible benefits, you will, but it has supported Amer- you have a GED or a high school de- and it is really just throwing a bone to ican job creation and lowered energy gree, you could make $75,000 a year. I some of the most radical people in costs and helped our economy. was told yesterday that at the McDon- America when it comes to our environ- So why not embrace an energy policy ald’s restaurants in the area, people ment and exploring and producing that is progrowth, projobs, and are being paid $15 an hour. That is not American energy. But cap and trade proconsumer, an energy policy that is because the Federal Government has failed to command sufficient Senate consistent with our environmental in- raised the minimum wage to $15 an approval even when our Democratic terests but serves our economic inter- hour; that is because the market de- friends controlled 60 votes, which in ests as well and our strategic interests. mands it because the economy is boom- the Senate is unassailable in the sense That means, in part, doing what I said ing. that you can do that purely on a party- earlier; that is, blocking regulations As I said, people in my State have line vote. But the reason it did not pass that do not pass a simple cost-benefit long understood—because we have been was pretty simple, and our Democratic analysis. It means streamlining the an energy-producing State—that U.S. friends understand this as well. The regulatory process here in Washington energy policy is a critical part of U.S. costs of cap and trade vastly outweigh so these projects can go forward on a

VerDate Mar 15 2010 02:22 May 07, 2014 Jkt 039060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G06MY6.038 S06MYPT1 jbell on DSK7SPTVN1PROD with SENATE May 6, 2014 CONGRESSIONAL RECORD — SENATE S2699 timely basis. It means approving job- The distinguished Republican leader torship or decides to impose his own creating proposals such as the Key- from Kentucky has pointed out that gag rule on the proper functioning of stone XL Pipeline. since July this side of the aisle has what used to be called the world’s Many of us have seen, in horror, only been allowed eight—and I think greatest deliberative body but is no some of the accidents that have oc- now we have gone back and looked at more. curred on the railways, where tanker it—maybe nine votes on amendments I yield the floor, and I suggest the ab- cars have derailed, catching fire, only that came from the Republican side of sence of a quorum. to learn that in the absence of ade- the aisle. The PRESIDING OFFICER (Mr. quate pipeline capacity, that is the Forget me, forget the prerogatives of MANCHIN). The clerk will call the roll. way the oil moves. It moves along the an individual Senator, but think about The legislative clerk proceeded to railroad lines in tankers, and some- the fact that I represent 26 million peo- call the roll. times accidents happen, unfortunately. ple. What a tremendous honor and Mrs. BOXER. Mr. President, I ask But we need the Keystone XL Pipe- privilege it is but how unfair it is to unanimous consent that the order for line, which will create tens of thou- my constituents; how unfair it is to the quorum call be rescinded. sands of new jobs. It will mean we have constituents—American citizens all— The PRESIDING OFFICER. Without a safe source for additional oil, in addi- that everyone on this side of the aisle objection, it is so ordered. tion to what we produce here in Amer- represents to shut them out of the f ica, from our friends in Canada. For process. the opponents of the Keystone XL Someone called this the HARRY REID CONDEMNING ABDUCTION OF Pipeline who think that somehow by gag rule. That pretty well describes it FEMALE STUDENTS IN NIGERIA denying approval of the Keystone XL when the minority is deprived of any Mrs. BOXER. Mr. President, I ask Pipeline this oil will not be produced right to offer constructive proposals unanimous consent that the Foreign and sold, well, it is going to be sold and to have votes and debate on these Relations Committee be discharged somewhere. Canada is going to sell policies in the Senate. We used to from further consideration of S. Res. that oil abroad if it cannot sell it to call—well, I see the pages here, and I 433 and the Senate proceed to its imme- the United States. That oil, when it know they go to school while they are diate consideration. comes down the pipeline, will end up in pages. I bet if they go back and look in The PRESIDING OFFICER. Without southeast Texas, in a lot of the large some of their history or civics books, it objection, it is so ordered. refineries there, and be turned into af- will tell them that the Senate is called The clerk will report the resolution fordable gasoline, fuel oil, and jet fuel, the world’s greatest deliberative body. by title. among other things. We have offered No more. That is history. The assistant legislative clerk read amendments that will do that and If the minority can’t offer construc- as follows: more. tive proposals that would actually im- A resolution (S. Res. 433) condemning the We will accelerate natural gas ex- prove the availability of American-pro- abduction of female students by armed mili- ports to our allies and trading part- duced energy, would help grow the tants from the Government Girls Secondary ners. Think what Vladimir Putin economy, and would create jobs, no School in the northeastern province of Borno might do if he knew he did not have a more is the Senate the world’s greatest in the Federal Republic of Nigeria. stranglehold on Ukraine and Europe deliberative body. Unfortunately, it is There being no objection, the Senate when it came to energy. Think what the result of the decisions made by the proceeded to consider the resolution. would happen if they had an alter- majority leader. Mrs. BOXER. Mr. President, I ask native—from American exports or pipe- When it comes to energy policy, I unanimous consent that the Senate lines from other places—that could cir- hope my friends across the aisle will now proceed to a voice vote on the res- cumvent Russia and could heat homes, remember what I said about these olution. keep the lights on, and avoid this back-door energy taxes hurting lower- The PRESIDING OFFICER. The stranglehold Vladimir Putin and Rus- income Americans, as well as our sen- question is on agreeing to the resolu- sia have on so much of Europe. I think iors who are on fixed income, because tion. it would make him think twice about they are the people who can least af- The resolution (S. Res. 433) was his invasion of the Crimea and the ford paying higher energy bills or they agreed to. threatening actions and the disruption are the ones who are least able to af- Mrs. BOXER. Mr. President, I further which are taking place in Ukraine ford losing their jobs. ask the preamble be agreed to, and the today and which could extend even fur- We want to adopt on a bipartisan motions to reconsider be considered ther. basis energy policies that are made and laid upon the table, with no My point is that we have amend- progrowth, projobs, pro-environment, intervening action or debate. ments to this underlying Shaheen- and proconsumer, but we will never get The PRESIDING OFFICER. Without Portman energy conservation bill there as long as Majority Leader REID objection, it is so ordered. which are relevant to the topic of en- decides to deny us an opportunity for a The preamble was agreed to. ergy production, albeit broader, which vote on relevant legislation. (The resolution, with its preamble, is would do all these things. We are try- This isn’t just about inside Senate printed in the RECORD of May 1, 2014, ing to offer some of these ideas, which baseball, this is about one of the Na- under ‘‘Submitted Resolutions.’’) I hope any fairminded observer would tion’s most important governing insti- Mrs. BOXER. Mr. President, am I say are constructive ideas. You may tutions being able to function. This is correct in assuming that we have now not agree with all of it—we may not about consent of the governed. That is agreed to this resolution? even win a majority of the vote in the the very premise upon which the legit- The PRESIDING OFFICER. The Sen- Senate today on these amendments— imacy of the Federal Government ex- ator is correct. but why in the world would the major- ists; that is, that the people—‘‘We the Mrs. BOXER. Mr. President, I want ity leader insist on denying us an op- People’’—all 300 and some-odd million to thank my friends. It looks as though portunity to have a fulsome debate on of us, have an opportunity to partici- the Chamber is empty here, but every- American energy policy, not just con- pate in the governing process by vot- one had to sign off on this measure, servation but on producing more en- ing, by petitioning our elected rep- and I want to explain what we just did. ergy as well? resentatives, and by advocating that We passed a very important resolution Unfortunately, though, he has given certain policies be embraced in Wash- expressing our support for the young every indication that he will allow no ington. You are not promised you will girls who were kidnapped in Nigeria. votes on bipartisan amendments—and win every time, but you are guaranteed As I think the world is learning, this each of these amendments that I have a right as an American citizen to par- is a horrific situation. Kidnapping cer- mentioned has bipartisan support. As a ticipate in the process. Yet that is tainly has no place in any village, in matter of fact, he has indicated he being denied at its most fundamental any region, or in any country—not in won’t allow votes on any amendments level when the majority leader decides our country. We know how we feel. We on this bill. to run this as an autocracy or a dicta- have seen kidnappings recently of

VerDate Mar 15 2010 02:22 May 07, 2014 Jkt 039060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G06MY6.039 S06MYPT1 jbell on DSK7SPTVN1PROD with SENATE S2700 CONGRESSIONAL RECORD — SENATE May 6, 2014 women held in captivity. There should burned down and that the boys’ lives edly targeted students at schools and univer- be no room anywhere for kidnapping. are in danger. What kind of world is it sities, threatening the ability of young Nige- Today we heard new reports that the where a parent, based on parental rians, particularly women, to attend school. suspected Boko Haram gunmen kid- choice, can’t send a child to school While we applaud the initial U.S. con- demnation of the kidnapping, we believe napped eight more girls from the Nige- without thinking they could be kid- there is much more that the U.S. govern- rian village overnight. So clearly the napped, abused, sold into sexual slav- ment should do to make clear that such an voices of the civilized world must rise ery, and so on? attack will not be tolerated. We urge you to and be louder than the terrorists who We encourage the efforts by the U.S. press for the addition of Boko Haram and are taking away basic human rights. Government to support the capacity of Ansaru to the United Nations Security Coun- Senator LANDRIEU’s resolution we the Government of Nigeria to provide cil’s al-Qa’ida Sanctions List, the mecha- just passed has many supporters on it, security for these schools and to hold nism by which international sanctions are including myself. I am also pleased to these organizations accountable. We imposed on al-Qa’ida and al-Qa’ida-linked or- ganizations. Their addition to the List would hear today the administration has urge timely civilian assistance from compel a greater number of countries to committed to acting with the Nigerian the United States and allied nations in sanction Boko Haram, joining several coun- Government. rescuing these girls. tries, such as the United States, which have As a mother and grandmother, my Many of us believe there should be a already done so. General David Rodriguez, heart is with all those mothers and regional African coalition to go in Commander of U.S. Africa Command, identi- grandmothers and dads and grand- which knows the terrain to find these fied Boko Haram as an al-Qa’ida affiliate, fathers who want their daughters and girls. But our President is sending and the Department of State reported that granddaughters to come home safely. military and law enforcement people to the group has links to al-Qa’ida in the Is- We cannot stay silent in the face of advise the Government of Nigeria, lamic Maghreb when it designated Boko Haram as a Foreign Terrorist Organization. these unspeakable crimes. We are not which has been slow to respond. It is Thank you for your attention to this mat- silent today as a U.S. Senate. not my place to criticize another Presi- ter. We look forward to working together I am so proud we have agreed to this dent, but I wish they would have been until girls and women worldwide can pursue resolution. I want to commend my more aggressive in a more timely way. an education without fear of violence or in- friend Senator MIKULSKI. She and Sen- Now we are where we are, so I hope we timidation. ator COLLINS have worked on a letter pass the Boxer resolution calling for Sincerely, we are sending to the administration. I international help. BARBARA A. MIKULSKI, am about to go outside to be part of a I believe we in the Senate, on a bipar- U.S. Senator. SUSAN M. COLLINS, vigil, an event that has been organized tisan basis, should join the inter- U.S. Senator. by the Congressional African Staff As- national voice calling for the rescue of sociation as well as the Congressional these girls, the return of them home Ms. MIKULSKI. Mr. President, I Hispanic Staff Association and the safely to their mothers and fathers, to yield the floor. Congressional Black Associates, and I capture and punish the bad guys, and f am so proud of the Senate for standing that there be an international effort to ENERGY SAVINGS AND INDUS- for these girls. We will do everything let children of the world be able to go TRIAL COMPETITIVENESS ACT we possibly can to get them home to to the school their parents choose for OF 2014—MOTION TO PROCEED— their families. them to go. Continued I yield the floor. I thank Senator BOXER. We are going The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- to be working together. The women of ator from Vermont. ator from Maryland. the Senate are going to be meeting Ms. MIKULSKI. Mr. President, I rise with Secretary Kerry, and I believe COLLEGE AFFORDABILITY in support of the Boxer resolution call- this is an issue worthy of our atten- Mr. SANDERS. Mr. President, I rise ing for international action and aggres- tion, worthy of our time, and worthy of today to speak about one of the great sive action from our own government our vote. crises facing our country; that is, the in terms of the rescue of 276 Nigerian Mr. President, I ask unanimous con- high cost of college, and the fact that girls who were kidnapped from a board- sent that the letter of support be print- hundreds and thousands of young peo- ing school their parents paid for them ed in the RECORD. ple who are bright and wish to get a to be able to go to so they could learn. There being no objection, the mate- higher education have now decided It is an outrage that these 276 girls rial was ordered to be printed in the that, because they do not want to leave have been captured by the terrorist RECORD, as follows: school deeply in debt, they are not group Boko Haram. It is an outrage U.S. SENATE, going to go to college. What a loss that against these girls and an outrage in Washington, DC, May 6, 2014. is, not only to the individuals and the the international community, and we President BARACK OBAMA, enhancement of their own lives, but it need to speak as a nation—women and The White House, Pennsylvania Avenue NW, is a loss to our Nation because in a men together—saying, what is this Washington, DC. highly competitive global economy we where a girl can’t go to school simply DEAR MR. PRESIDENT: As the women of the need the best educated workforce pos- United States Senate, we are writing to you sible. The fact that college is becoming because she is a girl? today deeply disturbed by the abduction and There is strong evidence that, as we mistreatment of more than 200 girls by the a distant dream—an unreachable speak, these girls are being sold into terrorist group Boko Haram from the Gov- dream—for millions of families is a forced marriages and sexual slavery. ernment Secondary School in Chibok, Nige- horrendous situation which this Con- We, the women of the Senate, have ria. Boko Haram has threatened to sell the gress must address. written a letter on a bipartisan basis girls as slaves, and some may have already Over the last 10 years, the cost of at- calling for the President to have the been sold into child marriages. We condemn tending a public 4-year college has in- Boko Haram group placed on the inter- these appalling actions in the strongest pos- creased by nearly 35 percent at a time national Al-Qaeda terrorist list and sible terms, and we agree with you that the when middle-class incomes have re- abduction of these girls is an outrage. The calling for sanctions to be imposed girls were targeted by Boko Haram simply mained flat and, in fact, many families against them. We are heartened by the because they wanted to go to school and pur- have seen a decline in their incomes. Of fact that the President is sending a sue knowledge, and we believe the U.S. must the students who do go to college, hun- team to help the Government of Nige- respond quickly and definitively. dreds of thousands graduate with sig- ria find these girls, bring them home In the face of the brazen nature of this hor- nificant debt—on average, over $27,000. safely to their mothers and fathers, get rific attack, the international community This morning I was talking to a staff- the bad guys, and send an international must impose further sanctions on this ter- er of mine who is $119,000 in debt. And rorist organization. Boko Haram is a threat what was her crime? How did she ac- message: Leave girls and boys alone. to innocent civilians in Nigeria, to regional There are additional rumors coming security, and to U.S. national interests. The crue that debt? Did she go on a spend- out that schools where boys had been National Counterterrorism Center (NCTC) ing spree? Did she lose her money in a attending, simply because they are in has found that Boko Haram has engaged in gambling casino? Her crime was that Western-based education, are being multiple attacks on Westerners and repeat- she wanted to go to law school, and she

VerDate Mar 15 2010 03:12 May 07, 2014 Jkt 039060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G06MY6.041 S06MYPT1 jbell on DSK7SPTVN1PROD with SENATE May 6, 2014 CONGRESSIONAL RECORD — SENATE S2701 came out of law school $150,000 in debt. EU average is 77 percent. In other That is not the case today. I think we Today that is down to $119,000. I have words, in countries throughout Eu- have got to do some very hard thinking talked to doctors and dentists who are rope—Austria, Belgium, Denmark, and about the crisis regarding college af- now several hundred thousand dollars all of the rest—what governments un- fordability and the crisis regarding stu- in debt. derstand is that investing in higher dent debt. If this country is to remain The important point to make is there education is terribly important for the internationally competitive in the was once a time in the United States individual students and their families. global economy, we need some bold when that kind of college and graduate But, in addition, it is enormously im- ideas in terms of how we address these school indebtedness did not exist. Only portant for the competitive capabili- crises. a few decades ago this country made a ties of those countries. I can tell you that in Vermont, as I commitment to our students that if So countries such as Austria, Bel- speak to young people around my you worked hard, if you studied hard, gium, Denmark, each put in more than State, this is the issue foremost on and if you wanted to pursue a higher 88 percent of public funding into their their minds. The young people in high education, you could do so at little or universities. In the United States, the school are wondering about how they no cost. That was what we used to do. number is 36 percent. Countries all can afford to go to college. The stu- Unfortunately, in that very important over the world that don’t provide free dents in college are worried about how area we have regressed, and regressed higher education pump significantly they are going to pay off their college significantly. more into their university systems debt. Our job must be to say to every Until the 1970s, at the City Univer- than we do. young person in this country that if sity of New York, one of the important The result is several very significant you are a serious student, if you study and best educational systems in the points. First, we have many working- hard, you are going to be able to get a country, the cost was completely free. class and middle-class young people higher education regardless of the in- The University of California system, who are looking at the economic pic- come of your family, and you are going one of the largest and best university ture we face as a nation and looking at to be able to get the best education our systems in the world, did not begin their own lives, and they are saying: Nation can provide you based on your charging tuition until the 1980s. In Do I want to go to college and leave ability and not on the income of your fact, in 1965, average tuition at a 4-year school $50,000 or $60,000 in debt? How family. public university was $243. am I going to pay off that debt once I This is an issue of enormous impor- We know we are living in a highly leave school? tance to individuals around the coun- Many of these young people, trag- competitive global economy, and if our try, but it is an issue of huge con- ically, are saying: I don’t want to take Nation is to succeed, we need to have sequence for the economic future of that risk. I don’t want to leave school the best educated workforce in the en- this country. So in the coming weeks I tire world. But the sad truth is we are deeply in debt. I will not go to college. What a tragic situation that is for will be introducing legislation—I know now competing against other nations our entire country, because we are los- there is a lot of other good legislation around the world that make it much ing the intellectual potential of all of that is going to be coming to the easier for their young people to go to those young men and women. floor—because this is an issue of huge college and graduate school than is the Second, those who do go to college consequence, and it is an issue that case in the United States of America. are coming out of school with an in- must be addressed. According to a report released last credible chain of indebtedness around Mr. President, I yield the floor and year by the OECD—the Organization their neck, which impacts every aspect note the absence of a quorum. for Economic Cooperation and Develop- of their lives. It determines what kind The PRESIDING OFFICER. The ment—the United States was one of the of jobs they will get. Will they do the clerk will call the roll. few advanced countries in the world job they had hoped to do their whole The assistant legislative clerk pro- that did not increase its public invest- lives—their life’s dream, the work they ceeded to call the roll. ment in education over the last decade. were looking forward to doing or are Ms. MURKOWSKI. Mr. President, I From 2008 to 2010, most advanced they going to gravitate to those jobs ask unanimous consent that the order countries experienced significant eco- which simply pay them a lot of money for the quorum call be rescinded. nomic decline as a result of the Wall and enable them to pay off their debt? The PRESIDING OFFICER. Without Street collapse. Despite that, the vast For the first time in our country’s objection, it is so ordered. majority of countries increased edu- history, American families have more Ms. MURKOWSKI. Thank you, Mr. cational spending by 5 percent or more. student debt than credit card debt, and President. The United States was one of the few that is an extraordinary reality. All We are on the measure again, the nations to decrease overall educational over this country families are strug- Shaheen-Portman energy efficiency spending. gling with debt in a way they never bill, also known as the Energy Savings I live about 1 hour away from Canada have before. The average loan balance and Industrial Competitiveness Act— in northern Vermont. In Canada, aver- for American graduates has increased an efficiency bill. This should not be age annual tuition fees were $4,200 in by 70 percent since 2004. Average stu- this difficult for us. When we talk 2010—roughly half of what they were in dent debt is now near $27,000. In about the benefits of an all-of-the- the United States—and yet the OECD Vermont, it is even higher at $28,000. above energy policy—the benefits that says Canada is one of the most expen- One in eight borrowers is carrying can come to us as a nation when we are sive countries for a student to go to more than $50,000 in student debt. The more resilient with our energy sources, school. percentage of families in the United when we are able to access our domes- Germany, an international compet- States with outstanding student debt tic energy sources, whether they be our itor of ours, is in the process of phasing increased from 33 percent in 2005 to 45 fossil fuels, our renewables, or nu- out all tuition fees. Even when German percent in 2010. clear—we all talk about it in good, universities did charge tuition, it was The bottom line here is we have a strong terms because, quite honestly, roughly $1,300 per student. huge crisis which is impacting millions energy makes us a stronger nation, According to the European Commis- of individual families and individual having access to our energy resources. sion in 2012, the following countries do young people. But from a national per- I have defined a good, strong energy not charge their students any tuition— spective, it is a crisis which is impact- policy as one that allows energy to be and these are countries we are com- ing our competitiveness in the global more abundant, affordable, clean, di- peting against. These are countries economy. verse, and secure. An energy policy is where young people go to college with- There was once a time, not so many also about the energy we do not con- out any out-of-pocket expenses. Those years ago, when we had the best edu- sume. It is about the energy we save countries are Austria, Denmark, Fin- cated workforce in the world and we because we are more efficient. land, Norway, Scotland, and Sweden. had a higher percentage of college It seems we have gotten to a point, In Europe, university systems enjoy graduates than any other country on at least with some aspects of this dis- a very high level of public funding. The Earth. cussion, where somehow or other the

VerDate Mar 15 2010 02:22 May 07, 2014 Jkt 039060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G06MY6.043 S06MYPT1 jbell on DSK7SPTVN1PROD with SENATE S2702 CONGRESSIONAL RECORD — SENATE May 6, 2014 efficiency side of the energy discussion We all know we are operating in a time floor. Nobody was talking about it. But is a partisan debate; that Republicans of high deficits and record debt. The look at what is happening, coming out do not support energy efficiency. I can- good news is this efficiency bill actu- of the Bakken up in North Dakota, not think of a more conservative prin- ally subtracts from our spending rather what is coming out of Texas and New ciple than conserving energy. This is than adding to it. The CBO has indi- Mexico and out of California, Colorado, something we should be embracing, and cated it will yield a modest savings of out of States in the Midwest. We are it is something, in terms of legislation about $12 million over the 10-year win- producing like we have not produced in that is sound, that is good to move for- dow. Again, this is good from a policy ages. We are doing so because we have ward, something that I support. perspective. It is good from a fiscal the benefit of good, strong technologies This bipartisan efficiency bill has perspective. that are allowing us to access a re- been refined. It has been strengthened. Then the last point is one I want to source safely and making sure we are It has been improved over the past 3 make in support of process. We have being good stewards of the land while years. There have been plenty of eyes followed regular order, as well as ‘‘reg- we are doing it, and creating jobs and upon this legislation. There has been ular order’’ can be defined around here, opportunities. plenty of debate about it. We have a but we have done that from the begin- So when you think about what has total of 13 Senators who are now on ning with this legislation. Those of us happened in 6 years, and the fact that board with it, an equal number of Re- who serve on the Energy and Natural we have not had a real debate and con- publicans and Democrats. So I am Resources Committee reported it on an versation about energy, it is no wonder pleased we have this legislation back overwhelming bipartisan basis back in people want to present amendments. on the floor again. 2011, and then again in 2013. So it has But we are in a situation now where The last time this legislation came gone through a fulsome committee there is real debate about whether we before us was in September. I spoke process. Improvements were suggested are going to have any amendments at then about the importance, the rel- and have been thoughtfully considered all. We have been sitting here in the Sen- evance to today, the many good rea- and incorporated. Many, many of the ate since last July—almost a year—and sons the Senate should support it. I am ideas are now incorporated in the text there have been nine amendments al- not going to necessarily repeat all of we have in front of us. those points this afternoon, but I do Then, finally, a few words about the lowed of the Republicans’ choosing to want to highlight quickly a couple of amendments that are being filed to be heard, to be entertained, to be taken up on the floor of the Senate. the main points. this bill. We are not asking for an unreason- The first is going directly to the pol- When we last had this bill before the able number. Given everything that is icy side of it. Energy efficiency should Senate, we were unable to reach agree- going on in the world, everything that be a broader part of our Nation’s en- ment on amendments. We got bogged is happening in the energy sector, it is ergy policy. It is good for our economy. down and the bill was pulled from the understood why we would want an op- It is good for the environment. It en- floor. The Senate moved on to other portunity to present amendments. But ables us to waste less, to use our re- matters. We are back again now, and I we are not asking for the Moon here. sources more wisely. Who can object to really do not want to see a repeat of Out of all the amendments filed to the this? Who could possibly say this is not that experience. Quite honestly, we do a good thing we should encourage? bill, we are seeking votes on four of not need to. And there is more. Think about what them. If we were to take just 15 min- It is certainly true a lot of amend- it does to help create jobs and deliver utes per vote, with a little extra time ments have been filed to the bill. We financial benefits. Study after study for statements in support or opposi- had more than 100 last September. shows we can save billions of dollars tion, we could work those out in an That should not be evidence that some- every year through reasonable effi- afternoon. how this bill is flawed. But what it rec- ciency improvements. Whether we are There is no reason we need to stretch ognizes is there is this pent-up demand talking about small appliances or large this out. Our other option is to spend for a discussion on the issue of energy. buildings, there are opportunities for the next several days arguing about gains in efficiencies throughout the There is a pent-up demand to bring for- whether we are going to vote at all. We system. ward ideas and concepts and innova- are sent to the Senate to do good work, The second reason for support of the tion and policy when it comes to en- and this is a venue where the work is bill is it envisions a more limited role ergy debate. demanding attention, so let’s get to it. for the Federal Government. When I It has been more than 6 years since Let’s advance these measures. Let’s think about efficiency, I think the Fed- we have had anything more than a get to the debate about whether it is eral Government should seek to fulfill brief debate. When you think about LNG export opportunities, whether it three key roles. It can act as a what has happened in the energy sector is the advantage from many different facilitator of information that con- in the past 6 years, I say to the Pre- perspectives about the Keystone XL sumers and businesses need. It can siding Officer, you are sitting in the Pipeline, and about what more we can serve as a breaker of barriers that dis- chair coming from a State that has be doing as a nation to be a world lead- courage or prevent rational efficiency seen an amazing—an amazing—boom er with our energy resources, accessing improvements. As the largest con- when it comes to natural gas produc- our resources for the good of Ameri- sumer of energy in our country, it can tion in your State. You have seen tech- cans, the creation of jobs to strengthen lead by example by taking steps to re- nologies come in that are able to ac- our economy, to help our trade deficit, duce its own energy usage. cess areas where you did not even know to help our friends, and to help our al- This legislation helps us make you had the resource. lies. We can be in a position to do so progress in all of these areas, but it is Think about the changes we have much more, but we have to be able to appropriately tailored as well. It has a seen in the energy sector in 6 years. get beyond the discussion, the debate number of voluntary provisions. It does Six years ago we were talking about about whether we are just going to not contain any new mandates for the building LNG import terminals—termi- talk about whether we are going to private sector. I think that is worthy nals so we could bring LNG in from talk about it or whether we are going of repeating. There are no new man- other countries. Now we are pressing to get to it. dates in this bill. the case for greater LNG exports. We I am hopeful that throughout the When the legislation was first intro- are trying to build out more facilities afternoon, throughout tomorrow, and duced some time ago, there was some so we can move this abundant resource throughout the balance of the week we concern about impact on building from our shores to help our friends and will have an opportunity to discuss and codes. But the provision related to allies around the world. to vote on amendments that are en- model building codes is voluntary. It is Six years ago, if I had stood on this ergy-related amendments that will not mandatory. No one has to benefit floor and suggested to you we were help move this country in a more posi- from it if they do not want to. going to have a debate about the ex- tive direction when it comes to our en- The third reason to support the bill port of our crude oil from this country, ergy policy and attach that to a funda- is the cost—or, really, the lack of cost. you would have laughed me off the mental anchor of a good, strong energy

VerDate Mar 15 2010 02:22 May 07, 2014 Jkt 039060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G06MY6.046 S06MYPT1 jbell on DSK7SPTVN1PROD with SENATE May 6, 2014 CONGRESSIONAL RECORD — SENATE S2703 policy, which is energy efficiency, and The village public safety officer tem. He went to school in the Tok com- that is what the Shaheen-Portman bill asked for trooper assistance to respond munity, and he was a wrestler. He allows us to do. to an individual who had been waving a joined the Alaska State Troopers in NATIONAL POLICE WEEK gun in the village. With no backup, 1993 after serving as a North Slope Bor- I want to pivot for a moment and other than the unarmed village public ough police officer. move off the issue of energy efficiency. safety officer, Sergeant Johnson and Sergeant Johnson spent his entire 20- I wish to speak for a few more minutes Trooper Rich attempted to serve a war- year trooper career in Fairbanks, this afternoon about National Police rant on the offender. Both officers were where he rose through the ranks to su- Week. shot and killed. The 19-year-old son of pervise the Areawide Narcotics Team National Police Week is a week to the individual who was the subject of and ultimately the Interior Rural Unit. honor our fallen law enforcement offi- the warrant is now charged with the Sergeant Johnson also was an accom- cers. It occurs next week. Next week in shooting. plished canine handler and a leader of Washington, DC, we will see police ve- This is a horrible tragedy for Tanana, the regional SWAT team. We call it hicles from all over the Nation. We will a tragedy for Alaska, and a tragedy for SERT in Alaska, the Special Emer- see officers in uniform, perhaps some the entire law enforcement commu- gency Reaction Team. with young kids in tow, flooding the nity. His final assignment was leader of Metro system. The survivors of law en- Tanana is, as I mentioned, a small the Interior Rural Unit, a team of four forcement tragedies will gather in Al- village. It is an isolated village. It has who respond to incidents in 23 Native exandria, VA, for the annual meeting been a very resilient village. It is a villages. Sergeant Johnson assumed of Concerns of Police Survivors. very proud and a very kind-hearted that role this year. His territory cov- On Tuesday night, tens of thousands community. The Athabascan word for ered hundreds of miles end-to-end. will gather at the National Law En- Tanana, known as ‘‘Nuchalawoya,’’ Again, these are hundreds of miles forcement Officers Memorial, and they means ‘‘wedding of the rivers,’’ and the without road access. will read by candlelight the names in- village has played a very central role Sergeant Johnson was 45 years old. scribed on the memorial walls this in Athabascan culture for thousands of He is survived by his wife, daughters year. On Thursday, the National Peace years. aged 16, 14, and 12, and also survived by Officers Memorial Day Service will But like many Alaska Native vil- his parents and siblings. convene on the west front of the Cap- lages, it suffers from drug and alcohol Trooper Gabe Rich was born in Penn- itol. These are all very moving tributes problems. Last October there was a sylvania. He moved to Fairbanks short- to our fallen, those who have served in group of young people from the village ly after he was born. He graduated the line of duty and who honor us all. of Tanana, and they traveled to the from Lathrop High School in 2006. He For the past 11 years, I have made it Alaska Federation of Natives conven- was 26 years old at the time of his a habit of honoring the fallen during tion. death. National Police Week, regardless of It is the largest gathering of Alaska Trooper Rich spent 4 years working whether any Alaska law enforcement Natives in the State, and they did a as a patrolman with the North Pole Po- agency suffered a line-of-duty death very brave and heroic thing. They as- lice Department before deciding to be- during that preceding year. sembled on stage in front of 4,000 to come an Alaska State Trooper in 2011. At times I have made note of a sad 5,000 people to tell Alaskans that they He is survived by his fiance´, their 1- coincidence, a sad coincidence that law had had enough of the pain and the vio- year-old son, and his parents. He was in enforcement tragedies in the twos and lence, and they were determined to the process of adopting his fiance´’s 8- threes often seem to occur in close make their community a healthier year-old boy. proximity to the annual National Po- place. It was an amazing moment. It Sergeant Johnson and Trooper Rich lice Week observance. was inspiring. There was not a sound to were known to those who watched the About this time 8 years ago, the Na- be heard in the huge Carlson Center in popular National Geographic series tional Capital Region was grieving the Fairbanks as these young people spoke. ‘‘Alaska State Troopers.’’ Undoubt- loss of Michael Garbarino and Vicky So inspiring were the words of these edly, those who have watched the two Armel, the first Fairfax County police young kids that I wrote Attorney Gen- in action are also grieving the loss, officers to die from gunfire in the line eral Holder and I asked that his depart- along with the people of Tanana and all of duty. In April 2009, Pittsburgh lost ment invest prevention resources in of Alaska. three of its finest. the village and others like it that were I think I speak for all in this body This year, as we anticipate the ar- trying to turn things around, trying to when I say we are shocked and we are rival of National Police Week, Alaska face the ugly side of what happens in a saddened by the events in Tanana last carries that tragic burden. Last week small community when we have domes- week. On behalf of a grateful Senate my home State lost two members of tic violence and child sexual assault and a grateful nation, I take this op- the Alaska State Troopers in a single brought on by drugs and alcohol. portunity to extend my condolences to incident. Tanana is absolutely devastated by all who held Sergeant Johnson and On May 1, Alaska State troopers Ser- what happened last week. In the words Trooper Rich deep in their hearts. geant Scott Johnson and Trooper Gabe of Cynthia Erickson, who is the youth With that, I yield the floor. Rich flew from Fairbanks to the vil- leader of the young people I mentioned, The PRESIDING OFFICER. The ma- lage of Tanana. Tanana is an last week’s incident amounts to two jority leader. Athabascan Indian community and steps back in Tanana’s effort to heal Mr. REID. We are going to have, as there are about 238 people. Tanana sits itself, but the healing process must indicated, a briefing on Ukraine at 5:30 at the confluence of the Yukon and begin and now is the time for it to this evening. I alert all Senators we Tanana Rivers. It is a strong commu- begin. will do our utmost to start at 5:30, and nity, it is a resilient community, but it We remember fallen law enforcement we must end at 6:30. We need everybody is a community that is truly suffering officers for the way they lived their on time. If I am there on time, I am right now. lives. Vivian Eney Cross, who is the going to start it on time, and I will do Similar to most of the Alaska Native widow of a fallen U.S. Capitol police of- my utmost to be there on time. People villages, the only full-time law enforce- ficer, said: can be called upon for questions in the ment presence in Tanana is a single, It is not how these officers died that made order they show up at the meeting. unarmed village public safety officer. them heroes, it is how they lived. ORDER OF PROCEDURE Law enforcement backup, when they In that spirit I wish to share with the Mr. REID. I ask unanimous consent are needed and called in, will fly to Senate a little about the lives of our that at 5:30 p.m., the Senate recess Tanana. Tanana is not accessible by two fallen Alaskan heroes. until 6:30 p.m. tonight for the purpose roads, so basically the only way in and Sergeant Johnson was born in Fair- of an all-Senators briefing. out is to fly in and out, coming in from banks, and he grew up in the small The PRESIDING OFFICER. Is there Fairbanks, so it is about a 1-hour flight community of Tok, which is 150-plus objection? away. miles out of Fairbanks on the road sys- Without objection.

VerDate Mar 15 2010 02:22 May 07, 2014 Jkt 039060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G06MY6.048 S06MYPT1 jbell on DSK7SPTVN1PROD with SENATE S2704 CONGRESSIONAL RECORD — SENATE May 6, 2014 KIDNAPPING OF SCHOOLGIRLS IN NIGERIA voices to those calling for their re- But it is very hard for me to get my Mr. REID. I have had a number of ti- lease. I especially thank Senator MARY arms around the notion that there tles, as all we Senators have over the LANDRIEU of Louisiana and all other could be any faith that would believe years, but the title that means the cosponsors for their hard work on this kidnapping young women by the hun- most to me has always been ‘‘Dad,’’ legislation. The Senate, along with the dreds and selling them as indentured ‘‘Father.’’ It is so important that my rest of the world, will continue to do slaves to men could ever be part of any five children recognize me as their dad. all we can to help our Nigerian friends. kind of faith that we should recognize. My oldest child is a daughter, Lana, We continue to hope and pray for the These are not people of faith; these are but I also have 12 granddaughters. As a safe return of these girls to their moms heinous criminals. I believe our coun- father and grandfather, I can’t imagine and dads. try should look at them as arch- the horror of having one of these girls Mr. President, I ask unanimous con- enemies of who we are as a nation and abducted, kidnapped, and stolen—even sent that the time in recess count what we stand for as a government. though Nigeria is thousands of miles postcloture on the legislation that is The name of this organization means away from where we sit today. now being considered. ‘‘Western education is a sin.’’ Respect My nightmare, our nightmare—we The PRESIDING OFFICER. Without for young women is not a sin. Wanting are always worrying about our girls—is objection, it is so ordered. an education is not a sin. The oppor- a reality in Nigeria. Mr. REID. I suggest the absence of a tunity to better oneself is not a sin. On the night of April 14, more than quorum. These incredible crimes that have 250 girls—I don’t know the exact num- The PRESIDING OFFICER. The been committed should not go unan- ber—were stolen from a school by a clerk will call the roll. swered, and I think it is incumbent on terrorist group called Boko Haram. The legislative clerk proceeded to our Nation, with the great resources we These kidnappers, a cowardly group of call the roll. have, to make sure we send the appro- men—thugs and terrorists—have an- Mrs. MCCASKILL. Mr. President, I priate message to the world that this is nounced their attention to sell the ask unanimous consent that the order Al Qaeda and this is our enemy—not girls in the marketplace. for the quorum call be rescinded. just to our values and our way of life It was only yesterday the leader of The PRESIDING OFFICER. Without but, importantly, an enemy to inno- this organization was on television objection, it is so ordered. cent young women. saying we have them and we are going Mrs. MCCASKILL. Mr. President, I I wanted to come to the floor to to sell them. How would that make a very rarely am motivated to come to make this statement because I cannot mother or dad, family member feel? It the floor simultaneously with current imagine how the parents of these is sickening to think these girls are at events, thinking that it is important to young girls must be feeling and how the mercy of these slavers. These are reflect and learn as much as possible helpless the feeling must be. I can only terrible reports. Some say—some of the about a subject before one begins to hope and pray that the Government of reports we get—some of the girls have orate about it on the Senate floor. I am Nigeria realizes this is a moment of already been sold into Chad and Cam- making an exception, however, because truth for them. Will they stand up to eroon. I hope that is wrong. of the extraordinarily heinous acts this kind of extremism that is not So I, with my colleagues, join with that have occurred in the country of faith? They do a disservice to their pro- the rest of the world in renouncing Nigeria. fessed faith by these actions. Can this these heinous acts. I think it takes everyone’s breath country stand up to them, can we help We must remember that this crime is away in the United States of America them stand up to them and, most im- only one of the many acts of terrorism that a terrorist organization—Boko portantly, can we do anything to save of this awful group Boko Haram. They Haram—would attack a secondary these young women? have done it before against children, school in northeastern Nigeria and kid- When I go to bed tonight I will, in my against civilians. nap 200 girls. Most of these girls are faith, thank God for my family and my Today the United States offered its not that much younger than my daugh- children, and I will also ask for prayers assistance to rescue these girls. Great ters. These were young women who for these young women in hopes they Britain has done the same, and other wanted nothing more than to get an can be rescued, that they can be re- countries have as well. Nigeria, in my education. We are now told these ter- united with their desire to get edu- opinion, has been reticent to receive rorists have proudly proclaimed they cated, and that their families will not help. That is not my opinion, but that will enslave these young women, they have to spend days wondering if they is what the public reports say. We want will sell them as slaves. They are will ever see their children again or if to help rescue these girls. We have proudly taking credit for this des- their children will even survive. some assets the Nigerians don’t have, picable and inhumane act. I yield the floor, and I suggest the ab- as do the Brits and others who want to I thank Senator MIKULSKI and Sen- sence of a quorum. help. ator COLLINS for organizing a letter to The PRESIDING OFFICER. The I am concerned the Nigerian Govern- the President to urge him to include clerk will call the roll. ment’s response to this crime and to Boko Haram in the United Nations Al The legislative clerk proceeded to dealing with Boko Haram is very tepid. Qaeda sanctions list. I thank the other call the roll. Nigeria has missed opportunities to Senators who introduced the resolution Mr. WYDEN. Mr. President, I ask collaborate with international partners we passed this afternoon condemning unanimous consent that the order for to fight terrorism in this instance and this attack. But we have to do more. the quorum call be rescinded. other instances. Instead of carrying It concerns me, honestly, that this is The PRESIDING OFFICER. Without out its own operation—which has been occurring in a country where the lead- objection, it is so ordered. very clumsy, and there has been a dis- er not too long ago signed into law a Mr. WYDEN. Mr. President, I rise regard for human rights—they should measure that anyone entering into a today to urge my colleagues to support let us help. Let the world community homosexual relationship can be impris- S. 2262, the Shaheen-Portman Energy help. oned for up to 14 years. In this same Savings and Industrial Competitive- The Nigerian Government has been country we have a terrorist organiza- ness Act of 2014. The reason I do so is disastrously slow in responding to tion capturing young women and en- because I have long felt we can’t be for these incidents—not on this one but on slaving them for dollars to be child an all-of-the-above energy policy if we others. I urge the Nigerian Government brides, proudly proclaiming that it is a aren’t promoting state-of-the-art ap- to use all of its resources and accept sin for these young women to want to proaches in terms of energy efficiency. international assistance to bring the get an education, that this action was I think the Presiding Officer and I abductors to justice. The world is necessary to purge them of their sins both know it isn’t even a speech here watching. Return these daughters to and marry them off. in the Senate on energy policy unless their families. I understand it takes all kinds of peo- the Senator says they are for an all-of- Today we adopted S. Res. 433, which ple to make up this great world. I un- the-above at least three times every 15, condemned this abduction, to add our derstand there are all kinds of beliefs. 20 minutes. So I think what Senator

VerDate Mar 15 2010 02:22 May 07, 2014 Jkt 039060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G06MY6.049 S06MYPT1 jbell on DSK7SPTVN1PROD with SENATE May 6, 2014 CONGRESSIONAL RECORD — SENATE S2705 SHAHEEN and Senator PORTMAN are effect doubled down and worked to nificant opposition around the core doing is making it clear right at the bring an even broader range of Mem- issue. Whether it be environmental start that an all-of-the-above energy bers and stakeholders together here in groups or electric and gas groups, we policy is their approach and their ef- the Senate to form a consensus and would have had significant friction fort to pull as many as possible col- make this bill even better, improve the over an important public policy issue, leagues into innovative approaches in array of commonsense approaches which is how to promote renewable en- terms of promoting energy efficiency. taken to promote energy efficiency, ergy to the greatest extent possible in Senators SHAHEEN and PORTMAN have and increase the chance of the best pos- new Federal Government buildings. been tirelessly pursuing this legisla- sible energy efficiency bill becoming I will say to colleagues who may be tion for 3 years now. I had a chance as law. following this, a number of times in the former Chair of the Energy Com- I wish to highlight at this point how these discussions I thought things were mittee to watch what they have been challenging this work was and how going to blow up. I thought one or doing. I will walk back a bit to make pleased I was the Senate was able to more of these groups would walk out sure colleagues understand how con- get together. and say: We will take our chances on structive their efforts have been, both At that point one of the most chal- the floor; we believe we are going to substantively and in terms of pro- lenging issues dealt with the question win, and if it takes this bill down, so be moting collaboration here in the Sen- of the then-existing requirements that it. But they stayed at the table and ate, in hopes that these commonsense new Federal buildings be designed to they worked out an agreement. energy proposals for creating good jobs phase out their use of fossil-fuel-gen- As a result of their agreement—envi- ronmental organizations, those in the and a cleaner and healthier environ- erated energy by 2030. This is impor- advocacy of energy efficiency and a va- ment will prevail on a bipartisan basis tant for a variety of reasons. Of course, riety of industry groups—the effort here in the Senate. the Federal Government is a major produced a significantly better bill, With our colleague from Alaska, Sen- property owner in our country, No. 1. and a bill that now includes some very ator MURKOWSKI, I have had a front- And No. 2, I think we all look to the important and powerful additions. row seat over the last couple years to Federal Government at a minimum to For example, as a result of rewriting watch Senator SHAHEEN and Senator try to set some examples in terms of the provision that new Federal Govern- PORTMAN in action and support their trying to deal with these issues. ment buildings be designed to phase efforts. I think we should all be very In other words, it is fine for Wash- out the use of fossil-fuel-generated en- appreciative of the job our new Chair, ington, DC, to say: Everybody else ergy, very substantial financial savings Senator LANDRIEU, is doing—again, in would do X, Y, and Z. But if they come were generated so as to be able to in- concert with Senator MURKOWSKI—be- back and say the Federal Government clude some very sensible and poten- cause the two of them continue the is not willing to set an example, it is tially far-reaching changes in the en- committee’s tradition, No. 1, of work- pretty hard to have any credibility in ergy efficiency field. For example, as a ing in a bipartisan way but, No. 2, try- terms of that particular field of public result of that agreement it is possible ing again to promote collaboration policy. The reality was that while well to take some of the financial savings here within the Senate to promote an meaning, the existing requirement that generated in that redo of the require- energy approach, which I think is not new Federal Government buildings be ments for renewable fuels in Federal only common sense but it is absolutely designed to phase out their use of fos- energy building and include in the leg- essential in order to be able to go on to sil-fuel-generated energy by 2030 was islation that is now before the Senate, the other energy policy issues that not working particularly well by any- the SAVE Act, a bipartisan proposal surely are likely to be more conten- one’s calculus. championed by our colleagues Senator We had folks in the natural gas in- tious than energy efficiency. ISAKSON and Senator BENNET. This pro- To walk back a bit through what has dustry raising questions about whether vision would for the first time facili- happened, I think our colleagues know they would be able to participate. They tate the accounting of energy effi- an earlier version of this legislation made the point—one that I think cer- ciency in residential mortgages. A re- passed our Energy and Natural Re- tainly has validity—that natural gas is port by the American Council for an sources Committee last year by an 50 percent cleaner than the other fossil Energy-Efficient Economy and the In- overwhelming bipartisan majority. It fuels. They were saying: Well, how are stitute for Market Transformation es- was then considered on the floor this we going to be able to play a role with timates that this proposal alone would past September, but it was blocked by heating in Federal buildings, which, of create 83,000 new jobs in home con- demands for a vote on a health care course, as I indicated, is very signifi- struction, renovation, and manufac- amendment which had nothing to do cant both because the Federal Govern- turing by 2020. These are jobs for Amer- with the premise of the underlying bill. ment owns so much property and be- ican workers that cannot be I happen to oppose that amendment, cause of the example the Federal Gov- outsourced. The agreement on Federal but however a Senator feels, it has ernment sets. building efficiency would also extend nothing to do with energy efficiency So reaching an agreement on how to the 3 percent-per-year Federal building and productivity. balance repeal of this provision in ex- efficiency target through 2017 and ex- When the bill stalled on the Senate isting law—well meaning, but not pand the coverage of this efficiency floor last fall, it looked pretty grim for working very well—with the addition target from new buildings to include the cause of energy efficiency, and es- of provisions to enhance efficiency in major renovations as well. sentially people were questioning the Federal buildings involved innumer- So what we have is a good bill that Senate’s ability to consider an act on a able meetings—meetings that I partici- got out of committee. It was a good bill range of energy issues which confront pated in personally and others were in- last September that I would have liked our country. I think a lot of people volved in that went on literally for to have seen pass this body at that would have thrown in the towel at that months with all of the stakeholders— time. After it was not possible to move point. They would have said: We put in the electric and gas utility industries, it forward, we had the chief sponsors, all of this work and effort to win such the environmental advocacy organiza- Senator SHAHEEN and Senator a strong bipartisan vote in the Senate; tions, the energy efficiency groups—all PORTMAN, work continually to try to then we were ready to go to the floor of them in discussions that took place advance this legislation and broaden and faced unrelated issues. And I could over conference calls and in-person its appeal. When they bumped up see why the sponsors would give up. meeting after meeting. against a really serious problem, which But Senator SHAHEEN and Senator I would submit that had those groups was to fix this policy with respect to PORTMAN are not throw-in-the-towel not been able to come together—and I the requirements for renewable energy type of Senators, and in effect they believe they deserve great credit be- in Federal buildings, they worked with doubled down and went back to work cause they did—I think it may have a variety of groups and organizations on some of the most challenging issues. been right at that point very difficult and were able to make the bill better. So at that point, after the unfortu- to advance this bill because we would I wish to thank a number of Senators nate setback of last September, they in have generated, for the first time, sig- who were behind this effort to redo the

VerDate Mar 15 2010 02:22 May 07, 2014 Jkt 039060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G06MY6.055 S06MYPT1 jbell on DSK7SPTVN1PROD with SENATE S2706 CONGRESSIONAL RECORD — SENATE May 6, 2014 requirements for new Federal build- If Congress can pass this bill, it of the legal profession of solo and small ings—in particular, our colleagues on would immediately become one of the firm practitioners. this side of the aisle, Senator MANCHIN largest job-creating efforts the Senate Larry began his law career, as I say, and Senator WHITEHOUSE, and on the will enact this year, creating an esti- in 1965 when he came back to Perry to other side of the aisle I wish to thank mated 192,000 new jobs by 2030. It can practice law. He became a judge of the Senator HOEVEN. They were very in- also make a tremendous difference in Perry Municipal Court at the age of 23. volved in the nuts and bolts of redoing our country’s economic competitive- In 1972 Larry ran for the General As- this legislation. Suffice it to say that ness, bringing savings to businesses sembly of Georgia and won the seat the three of them would be the first to and families, reducing demands on our that was formerly held by soon-to-be- say they don’t agree on every possible electric grid, and reducing greenhouse Senator Sam Nunn. He served in the energy policy subject matter. Yet the gas emissions. General Assembly until 2005. In 1986 he three of them came together, worked Having watched the development of was elected majority leader of the with this coalition of groups I have de- this legislation as the former chair of Georgia House of Representatives and scribed, and made significant improve- the Energy Committee and now chair served in that capacity for 16 years. He ments in the already good bill after of the Finance Committee, I think was the founding member of Walker, September. As a result of their work, every Member of the Senate under- Hulbert, Gray & Moore and served as we have generated financial savings stands how important it is to secure a chair of the State Legislative Leaders that made it possible to include the cleaner, more efficient, job-creating Foundation. Larry also represented Isakson-Bennet legislation on residen- energy future. This legislation provides Georgia’s Eighth Congressional Dis- tial mortgages, which is a very signifi- that opportunity. It was a good bill trict on the Georgia Department of cant and positive development in the when the Senate considered it last Sep- Transportation from 2007 to 2009, and in energy efficiency field. tember, it is an even better bill to- This is not a small matter, taking August of 2009 he was appointed by night, and to a great extent it is made bold steps to improve energy efficiency then-Governor Sonny Perdue to the better because colleagues such as Sen- in residential mortgages the way our University System of Georgia Board of ator JOE MANCHIN and Senator SHEL- Regents, where he continues to serve colleagues Senator ISAKSON and Sen- DON WHITEHOUSE and Senator HOEVEN ator BENNET have done in a bipartisan today. fashion. The reason this efficiency leg- have worked together on a very con- Larry writes a weekly column for the islation is back is because it is sensible tentious matter involving renewable Houston, GA, Home Journal and is the and has bipartisan appeal. It is about energy in Federal buildings. It is the author of a book entitled ‘‘Life on the cutting waste and creating jobs. Pass- latest demonstration of good will and Gnat Line,’’ a composition of Larry’s ing this legislation would be the big- comity that has dominated this debate, widely read columns on family, every- gest step in years toward tapping the at least as it relates to the substance thing southern, reading, politics, and, enormous potential of energy effi- of discussing energy efficiency legisla- of course, just folks. Larry is a fre- ciency, which is the most sensible and tion. quent speaker at various community cheapest energy source America has. I thank our chair Senator LANDRIEU and State events, including continuing Here are the most relevant figures for the first-rate job she has done not legal education seminars. with respect to the benefits of this bill. only on this but on the matters before Larry has been my dear friend for The bill will save about 2.8 billion the Energy Committee. I also thank over 30 years. He is not just a great megawatt hours of electricity by 2030, my good friend and colleague Senator lawyer, he is a great guy. He and I have according to the American Council for MURKOWSKI for the same sorts of ef- had the opportunity to knock down a an Energy-Efficient Economy. To forts she made to work with me as the quail bird or two in the woods of South translate this into something people chair and Senator LANDRIEU. I think Georgia. We have had discussions late can put their arms around, if we are those efforts are going to pay off. Let’s into the night over politics and life in going to generate 2.8 billion megawatt make sure they pay off immediately general. Larry is one of those individ- hours—and that is the projection for with the Senate this week moving for- uals who make life fun and who are a this bill—our country would have to ward and passing the bipartisan Sha- pleasure to be around, and that is why build 10 new nuclear powerplants, at a heen-Portman legislation. I am so excited the American Bar Asso- cost of billions of dollars each, and run I yield the floor. ciation has seen fit to recognize them for more than 20 years. An addi- The PRESIDING OFFICER (Mr. Larry’s talents, his hard work, his tional provision of the bill updates and BLUMENTHAL). The Senator from Geor- dedication, and his integrity to the law promotes voluntary model building gia. profession. He has been successful not codes, making residential and commer- TRIBUTE TO LARRY WALKER, JR. because he moved to his hometown cial buildings more efficient through Mr. CHAMBLISS. Mr. President, I where he was well known; he has been the installation of new equipment, in- rise today to talk about a dear friend successful because he is looked at as sulation, and other efficiency tech- of mine who last Friday, at the joint someone who possesses all the finest nologies. There is money to be saved spring meeting in Las Vegas, received characteristics a lawyer can hope to and there is energy to be saved. That is the American Bar Association’s Solo, have. the kind of work this legislation ac- Small Firm and General Practice Divi- I am indeed privileged to call him a complishes. sion’s 2014 Lifetime Achievement dear friend. I am indeed privileged to What I have described is possibly not Award. have an opportunity to say to Larry the most flashy of stories we might be Larry Walker is a lawyer in Perry, and to his wife Janice, congratulations. contemplating here in Washington. It GA. He is a lifetime resident of Perry This kind of award shows that people might not be at the top of every single and went back to his hometown of all across this great country recognize account on the nightly news, but busi- Perry to practice in 1965. I am so proud you, Larry, for the great work you nesses understand how valuable this is. that Larry has been recognized by his have done in our profession for all of Businesses understand that there is peers—of which I am one, as a prac- these years since you first hung out money to be made here. That is why ticing lawyer in Georgia before I came your shingle in June of 1965. more than 250 companies and associa- into government. Larry epitomizes tions endorse the bill, including the what lawyers look to when you think f chamber of commerce, which I think of someone who is a good lawyer. would be the first to state that they The award he received recognizes don’t see themselves as a bleeding solo and small firm attorneys who are RECESS heart environmental organization. I widely accepted by their peers as hav- The PRESIDING OFFICER. The Sen- was struck by a headline in forbes.com ing significant lifetime distinction, ex- ate stands in recess until 6:30 p.m. not long ago that read ‘‘The Shaheen- ceptional achievement, and distinction Thereupon, the Senate, at 5:30 p.m., Portman Energy Savings Act: It’s the in an exemplary way. Winners are recessed until 6:30 p.m. and reassem- economy, stupid.’’ Forbes, a prominent viewed by other solo and small firm bled when called to order by the Pre- business publication, got it right. practitioners as epitomizing the ideals siding Officer (Mr. BLUMENTHAL).

VerDate Mar 15 2010 02:22 May 07, 2014 Jkt 039060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G06MY6.056 S06MYPT1 jbell on DSK7SPTVN1PROD with SENATE May 6, 2014 CONGRESSIONAL RECORD — SENATE S2707 ENERGY SAVINGS AND INDUS- agree that recognizing the power of long recognized the injustice that is TRIAL COMPETITIVENESS ACT State legislators to make these deci- being done to Main Street businesses OF 2014—MOTION TO PROCEED— sions for themselves is consistent with and the problems we have in terms of Continued the 10th amendment and our constitu- States rights and making sure we The PRESIDING OFFICER. The Sen- tional framework. maintain a system that recognizes the ator from Tennessee. In our State of Tennessee, the Mar- value of States rights and the value of Mr. ALEXANDER. Mr. President, on ketplace Fairness Act is an insurance a State prerogative so they can make behalf of the distinguished Senator policy against a State income tax. We their own taxing decisions without in- from Illinois, Mr. DURBIN, I ask unani- don’t have a State income tax and we terference from the U.S. Senate or any- mous consent that he and I and the don’t want a State income tax. one in the Federal Government. The House of Representatives has not As Senator ALEXANDER has ex- Senator from Wyoming, Mr. ENZI, and the Senator from North Dakota, Ms. yet acted on this bill. The bill that was plained, when I first came to this body, passed a year ago today by the Senate Senator DURBIN suggested to his staff HEITKAMP, be permitted to engage in a colloquy. was an overwhelming bipartisan vote. that they try to find out where I would The PRESIDING OFFICER. Without We are hopeful that the House will be on this issue because my prede- objection, it is so ordered. soon either enact our bill, which we cessor, Senator Dorgan, had been very have sent to them, or send us their active with this coalition of leaders on MARKETPLACE FAIRNESS ACT version of the bill so we can confer and addressing this problem, and his staff Mr. ALEXANDER. Mr. President, send a result to the President of the suggested that he might want to read this colloquy is for the purpose of United States. the caption on the Quill case since marking an important day in the Sen- State and local governments have there was the name ‘‘HEIDI HEITKAMP’’ ate because it was on this day 1 year been waiting on Congress to solve this in that caption. ago that the Senate overwhelmingly problem for more than 20 years—since The reality is that back in the late passed the Marketplace Fairness Act. 1992 when the Supreme Court said Con- 1980s and early 1990s, we saw this phe- We did this by an overwhelmingly bi- gress has the ultimate power to resolve nomenon of increased catalog sales. I partisan vote. Sixty-nine Senators, in- the issue. Now is the time to act on am not talking about companies such cluding about half of our Republican this legislation. We are ready to work as Sears that had a physical presence caucus, 21 Republicans, supported an with the House to enact that legisla- in the community and could thereby 11-page bill—a rarity in this body—that tion this year. collect sales taxes but more and more is about just two words, and the words In conclusion, I will read the com- boutique types of catalogs. There was are ‘‘States rights.’’ ments of Al Cardenas, chairman of the more and more competition coming The Marketplace Fairness Act, sim- American Conservative Union and from catalogs. ply described, gives States the right to former chairman of the Florida Repub- I had more and more Main Street decide for themselves whether to col- lican Party. When talking about the businesses coming to me as the tax lect or not collect State sales taxes Marketplace Fairness Act, Mr. commissioner asking: How is this fair? that are already owed. This ability to Cardenas said, How is it fair that I started my little collect taxes that are already owed When it comes to state sales tax, it is time business—whether it was a wallpaper would give States the option to reduce to address the area where federally man- business or a fabric business, whatever existing taxes or to avoid a new tax or dated prejudice is most egregious—the policy it was—and people come to my store to pay for services without raising towards Internet sales, the decades-old in- and look at my sample books that I ac- taxes. equity between online and in-person sales as tually have to pay for, test out the The Marketplace Fairness Act closes outdated and unfair. quality of the fabric, take a lot num- a tax loophole that prefers some busi- Again, that was Al Cardenas, chair- ber, and leave and order it from the nesses over other businesses and some man of the American Conservative catalog? taxpayers over other taxpayers. Out-of- Union, speaking in support of the Mar- That was a pretty horrible thing to State businesses are being subsidized ketplace Fairness Act. happen to Main Street businesses back because they don’t have to collect sales I am pleased that of the four Sen- in the late 1980s. taxes—taxes that are owed—and local ators who will be on the floor during Can you imagine walking into a Main businesses do. As a result, some tax- this colloquy, two are already here. I Street business now and not only get- payers are being subsidized because see the Senator from North Dakota, ting advice and information on how the some pay sales taxes and others do not and I see the Senator from Wyoming. If product operates and what the even though they may owe the taxes. it is all right with the Senator from warrantees are—not to mention all the That is not right, and it is not fair. Wyoming, I will defer to the Senator training these Main Street businesses This legislation, which passed the Sen- from North Dakota. While the Senator have given their employees—but then ate 1 year ago, gives States the option may be a little modest about this—I taking a snapshot of a barcode so you to decide whether to change that. hope she is not—she actually started it can order it on the Internet right there One of the best ways to lower State all. She has a better view of the Mar- in the store? I can only imagine how taxes is for the Federal Government to ketplace Fairness Act than just about discouraging this is for Main Street allow States to collect State sales anyone because of her service in the businesses. It is unfair to Main Street taxes from everyone who owes the tax State government of North Dakota. businesses when they are asked to sup- and not just from some of the people She has an ability to explain in plain port their communities, such as put- who owe the tax. and simple language why the fair and ting the ad in the little high school We have an honor roll of conserv- right thing to do is to recognize the newspaper or contributing to a football atives who do not think States ought rights of States to make these deci- billboard or the local fire department to have to play ‘‘Mother May I?’’ with sions for themselves. Her ability to do so they can serve their communities. the Federal Government on this ques- that has been a crucial part of our de- If you think of all the things Main tion. For example, Al Cardenas, chair- bate and is one of the reasons why we Street businesses do, they are not just man of the American Conservative had such overwhelming bipartisan sup- involved in retail, they are involved in Union; Art Laffer, President Reagan’s port in the Senate. communities. Yet those Main Street favorite economist; Charles The PRESIDING OFFICER. The Sen- businesses are not asking for an unfair Krauthammer; Representative PAUL ator from North Dakota. advantage; they are asking for fairness RYAN; Governor Mike Pence, a former Ms. HEITKAMP. Mr. President, first and equity. They are asking that when Member of the House of Representa- I want to say what an honor it has been sales tax rates have gone up from 8 per- tives; Governor Chris Christie; former for me to participate in any amount of cent to 9 percent because the base Governor Jeb Bush; former Governor leadership on this issue here on the dwindles—you have to raise the rate in Mitch Daniels; and the late William F. floor of the Senate with such incredible order to collect the same amount of Buckley, not to mention Governor Bill leaders as Senator ALEXANDER, Senator money—they are being basically taxed Haslam of the State of Tennessee, ENZI, and Senator DURBIN, who have out of the marketplace through this

VerDate Mar 15 2010 03:12 May 07, 2014 Jkt 039060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G06MY6.058 S06MYPT1 jbell on DSK7SPTVN1PROD with SENATE S2708 CONGRESSIONAL RECORD — SENATE May 6, 2014 unfair advantage that remote sellers dits and millions of tax rates. The just a moment I will yield the leader- have against them by not having the streamlined process has proven over ship of this colloquy to the assistant obligation to collect a tax that is hon- and over that this is not higher math. Democratic leader, but I wish to say a estly already owed. We can get this done. word about the next Senator speaking I want to reiterate a couple of points I have a story from the time we did and about Senator DURBIN as well. Senator ALEXANDER was making be- the original Quill case. It got a lot of Senator MIKE ENZI is the real pioneer cause I think it is so important. One of national attention, and there was a lot on the Marketplace Fairness Act. He the arguments we hear consistently of discussion about this. I had a re- knows what he is talking about. He is about marketplace fairness is that it is porter from the Omaha World Herald a shoestore owner from Wyoming. He a Federal imposition of a tax. Nothing call me. He said he had just called a knows what it is like for someone to could be further from the truth. This is major retailer to order some new come in and try on a pair of shoes and a tax that is already owed. This is a tax shirts, and the retailer he was talking then go home and order them on the that is owed to the States. It is owed to had been very active in opposing the Internet and disadvantage a smalltown by the people who make these pur- Quill case and very active in opposing owner of a shoestore as compared with chases—a sales and use tax. We are what we were trying to do. One of their an out-of-State business. He has dili- doing nothing more than telling every arguments was that they could not pos- gently and systematically lead this State: If you want to pursue Main sibly know the tax rate on that shirt in fight the whole time, and it was due to Street fairness, you have a path for- his jurisdiction. When he ordered his that diligence that the Senate had this ward. shirt, he told the person on the other overwhelming bipartisan achievement If a State doesn’t want to tax or put end of the phone his size, and that per- one year ago today. I thank him for his a collection responsibility on remote son said: You know, maybe you want to leadership. Now I recognize the assistant Demo- sellers, there is nothing in this bill check because last time you ordered, it cratic leader. The truth of the matter that requires them to do that. was a size 15. This is a States rights bill, but it is This reporter said to me: If they can is, the way the Senate works, we would also a fairness to Main Street busi- know my shirt size, they could prob- never have been able to pass this in the nesses bill. It is a bill that would make ably figure out the tax rate of the ju- Senate with such fine fashion if it hadn’t been for the leadership of the sure that the promise of an equitable risdiction I live in. tax system in this country is fulfilled. Think about it. It has only gotten assistant Democratic leader, Senator This bill is a promise that if you play easier. DURBIN of Illinois. I thank him very by the rules and do everything the way One of our major retailers, which is much for his leadership and congratu- you should as a business, no one is adamant about how this would be the late him for it, and I am glad to turn going to get an advantage over you, most horrible and onerous thing, offers the leadership of the colloquy over to and we are going to level the playing a package for $15 if anyone wants to him. The PRESIDING OFFICER. The Sen- field. There is no level playing field collect the tax. ator from Wyoming. The other fallacy here and one of the when somebody has a 10-percent advan- Mr. ENZI. Mr. President, I thank tage over you simply because you actu- myths I want to break is that if I went Senator ALEXANDER for the leadership ally invested in a community, put up to sell my old used lawnmower on the he has shown on this bill. We had a bricks and mortar, trained a sales Internet, I would be subjected to sales much more extensive bill designed, and force, and yet you are going to be the tax. I think it is only natural that this I worked on it for all of the years he disadvantaged one. body doesn’t have a lot of experience in mentioned, which is all the years I When we started this a year ago, we sales taxation. It is not what we do. It have been here, 17 years. We made were joined by all manner of retailers, is what State and local governments some progress every single time it but I will never forget the story of a do. It is what people who had my came up, but there were misconcep- young woman who had a dream. She former job do. However, there is such a tions with it. Senator ALEXANDER sug- loves animals and pets. She trained thing as casual sales. If are you not in gested the solution that is the true so- herself in pet nutrition and opened a the business of being a retailer in every lution for this bill. He changed it to a pet nutrition store in Missouri—it State, you have no collection responsi- very brief States rights bill, not a Fed- might have been Kansas or Missouri bility. It is only retailers, only people eral bill. This doesn’t have any require- because it was in the Kansas City area. who are in the business of retailing and ments for any State, but it has an abil- When you combine State and local only people who have retail sales over ity for States to make up their own taxes where her business is located, the $1 million who would be affected. And mind. tax rate was 9 percent. People would we have streamlined the process. We So I rise today with my colleagues come to her store and explain the ail- have made this possible. It is a small from Illinois, Tennessee, and North Da- ment or condition of their pets, and her thing to ask for us to take an action in kota to recognize the anniversary of very excellent sales staff would tell this body and in the House of Rep- this significant event. One year ago them what product was best for their resentatives to tell Main Street busi- today, with a show of strong bipartisan cat or dog. She knew when they walked nesses that they still matter in the support, the Senate took an important out, they simply ordered it on the marketplace and that we are going to step forward to level the playing field Internet because she could not give listen to them and we are going to do for all retailers that collect sales taxes. them a 10-percent discount. That is everything we can to get them fairness But it is not really about the retailers; what happened in her business. and justice in our tax system. it is about the people who work in We told her that if she had a small So, again, I congratulate the excel- those stores. We are talking about mid- Internet business with $1 million in lent leadership that has come before dle America. They can’t afford to have sales, she would have to collect taxes me on this floor on this issue. I pledge the employees unless they make the too. She said: I would be so happy to once again to do everything we can to sales, and if they just do the sales pitch collect a sales tax if I had $1 million in get this marketplace fairness done in and then it is ordered online, there is Internet sales; that would mean I was this Congress so that our Main Street no revenue the employee brought in, winning. businesses don’t have to wait a day and if there is a prolonged period when If you think about that and the longer for tax justice in this country. there is no revenue, the business mom-and-pop businesses—just a couple I yield the floor. doesn’t need the employee. This bill is of kind of myth-breaking things about The PRESIDING OFFICER. The Sen- about supporting the jobs we have in how this is truly going to affect small ator from Tennessee. our towns. It is about the people who business. This is not going to have any Mr. ALEXANDER. I thank the Sen- are our neighbors who work in the effect at all on any business if we pass ator from North Dakota for her elo- stores and the people who have the the bill we passed that has gross sales quent statement and for her leadership. stores that participate in all of the below $1 million. We have a threshold. I am delighted that she has gone from community events. The other myth is that they are being a caption on a lawsuit to a Sen- As the Senator from North Dakota going to be subjected to millions of au- ator who can help us pass this bill. In said—and she is probably the only one

VerDate Mar 15 2010 02:22 May 07, 2014 Jkt 039060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G06MY6.059 S06MYPT1 jbell on DSK7SPTVN1PROD with SENATE May 6, 2014 CONGRESSIONAL RECORD — SENATE S2709 who has worked on this bill longer in favor of the States, if they wish, to ducted through e-commerce. Congress than I have because she was involved in be able to collect the taxes they have is not forcing States to do anything be- it in State government when she was in imposed on the people who live in their cause the Federal Government should North Dakota. I appreciate her exper- State. So it is a States rights bill. not have the role or authority in tell- tise on this bill. Without some of the In a nutshell, the Marketplace Fair- ing a State how to manage its finances. explanations she was able to give on ness Act is a straightforward, 11-page This bill specifically says that it is up the history of this bill, we wouldn’t bill that brings clarity to a vexing area to the States to enforce the law, and it have been able to get it done. of sales tax collection inequity. Online is 100 percent optional. If the States do Of course, Senator DURBIN and I have sales often go without collection of the act, they are collecting taxes that are been speaking for what seems like sales tax from the point of purchase, already due by the consumers. years now trying to explain how this while the Main Street stores and the I have been working on this sales tax bill works, taking into consideration other brick-and-mortar stores in town fairness or marketplace fairness issue— any concerns people had and trying to typically face established collection or any of the number of names we have overcome those concerns. I couldn’t procedures—no choice, regular reports. had on it through the years as we guess how many hundreds of meetings Wyoming shouldn’t subsidize online gained more and more support and as there have been over trying to get this retailers that operate and sell to people people came to understand more and bill right and to get it fair, all so the in our State. Neither should Illinois or more of what was involved—since 1997. States still have the revenue they need North Dakota or Tennessee or any As a former small business owner, it is to operate without imposing perhaps a other State that has sales tax laws. important to ensure parity for all re- personal income tax. In the case of Vir- But right now, online retailers can tailers by modernizing rules for sales ginia, I think they are not going to offer lower prices than the local busi- tax collection in a way that respects raise the gas tax if this bill passes. So nesses that hire the local people who technology advances and the existing this is a States rights bill. It takes pay the property taxes and that par- practices of large and small and more money to the States, and it is money ticipate in the community events; the traditional businesses, and this bill ac- that is really owed right now. most important thing being those local complishes that. It uniquely balances I did a little checking. Wyoming jobs, simply because they do not have the interests of all businesses and re- started collecting their sales tax in to charge the same sales tax out of spects the existing laws and rights of 1935, and it has been virtually un- State that all our local merchants do. states. changed since that time. There is a Sales taxes are important. They pay The Senator from North Dakota provision in the sales tax law that re- for the roads we drive on. They pay for mentioned there is a $1 million exclu- quires a form, so that if someone buys the schools our kids go to. In Wyo- sion. This is to help out small busi- something from out of State and didn’t ming, with the particularly small nesses, new start-up businesses. If you pay sales and use tax on it, they are towns, they rely on sales tax for the have a start-up business or a small supposed to fill out this form before fire protection and the police protec- business, until you have sold $1 million the end of the month and send the sales tion. When people ask me about the online or through a catalog in a given and use tax with the form to the State sales tax bill, I ask them what county year, you don’t have to comply with government to pay it. they are from and, if it is a small town, this. But once you hit that $1 million One of the surprises I discovered is I say: Check with your fire department mark, you can consider yourself a suc- there is about $11⁄2 million a year col- and see if, without sales tax, they cess. We know that is a very small per- lected in Wyoming that way—people would be able to function. When people centage of the Nation, but an impor- obeying the law. But that is pretty understand it is part of their fire pro- tant part of the total sales of the Na- tough to keep track of and especially if tection and part of their law enforce- tion. I think that is why one year ago, one doesn’t make out-of-State pur- ment protection, they are much more 68 of our Senators joined me in sup- chases every day. So the State, of interested in it and understand why the porting that Marketplace Fairness Act. course, imposed on local retailers the sales tax needs to be collected. I don’t This evening, my lead cosponsors and requirement that they collect sales want to see a situation where other I are again taking a stand in favor of tax, and then people don’t have to fill taxes will have to be raised to cover good public policy for our Nation’s re- out that form. They don’t have to send basic local services because the online tailers while highlighting the need to it in before the end of the month. retailers are not collecting the sales fix some long-standing sales tax sys- So they made it a lot easier by mak- taxes that are owed on the products tem complexities. By balancing this ing the retailers collect the money. Un- they sell. collection inequity, the Marketplace fortunately, they weren’t able to make I remember going into a camera Fairness Act would help States ensure all of the retailers collect the money. store—I try to get into some stores on the viability of the sales tax as a major Because of a court case, they aren’t the weekend and find out what kinds of revenue source for State budgets. We able to do it out of State, and that is decisions they have to make, particu- found in Wyoming that it often con- very important because it is a huge larly decisions that have to do with the stitutes 40 percent of a municipality’s loss of revenue. I think Wyoming actu- Federal Government. I was in the cam- revenue. It also would close opportuni- ally loses about $23 million a year be- era store and the fellow was explaining ties that encourage tax avoidance. cause of purchases over the Internet he had just lost a sale. The sales tax Beyond the walls of Congress, the where no sales tax is paid. rate in that town is 6 percent. A man Marketplace Fairness Act has received On May 6, 2013, this Chamber passed came in to buy a camera, and the cam- broad support. Trade associations, Gov- the Marketplace Fairness Act, and we era was $2,000. But this owner of the ernors, mayors, legislators, and numer- passed it with 69 votes. Some of the store—the only employee of the store— ous businesses have expressed support votes we had were as high as 76 votes. took the time to help him with all of for the legislation. That is very significant around here. the different gadgets and how to oper- But there is work still to be done. Sixty-nine is an incredible number for ate it, and showed him what he needed Our colleagues in the House need to the Senate to produce on any bill. It and how to do it. Then the customer pass the Marketplace Fairness Act. I came from a majority of both sides of took a picture of the bar code and or- know some Members in the other the aisle, which is important. I wish to dered it online because he saved $120. Chamber are working on this issue. A remind my colleagues that this bill is Technically, he still owed $120 to his companion Marketplace Fairness Act about fairness. It is about leveling the State. Whether he filled out one of has been introduced. A hearing has playing field between brick-and-mortar those forms and got it in by the end of been held, and new Members are en- and online companies, and it is about the month, I doubt it, but that is the gaged in the issue. I appreciate those collecting that tax that is already due. law. If a State meets the simplification efforts, and I hope our colleagues in the It is not about raising taxes. It isn’t requirements outlined in the bill, it House will pick up the baton and com- about taxing the Internet, and it isn’t may choose to require collection of plete the effort to guarantee sales tax about taxing Internet access. I think sales taxes that are already due at the fairness. This is the year to finish the we are all opposed to that. But we are point of purchase, including sales con- work. Our States and businesses and

VerDate Mar 15 2010 02:22 May 07, 2014 Jkt 039060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G06MY6.060 S06MYPT1 jbell on DSK7SPTVN1PROD with SENATE S2710 CONGRESSIONAL RECORD — SENATE May 6, 2014 employees in those businesses cannot over and over, about people coming in, State, county or city—existing sales wait longer. Enacting the Marketplace picking out the bicycle, picking out tax. Fairness Act is the right thing to do. the shoes. That is perfect. Let me try The bill provides if you are an Inter- In conclusion, I wish to thank every- them on. Let me get out and ride this. net seller and have less than $1 million one associated with this bill for their Then they say: I will get back to you. worth of sales in a given year—whether hard work and efforts in getting us to And he never sees them again. They it is Grandma Donnelly’s applesauce or this point: our countless supporters turn around and buy the product on the whatever it happens to be—you are not across the country, the 68 Senators Internet. So Chris is running a show- covered by this, but if you have more who joined me to vote for a bill a year room as much as a business. There is than $1 million, yes, you have to col- ago, the 29 cosponsors of the bill for no fairness there. lect the sales tax. their support, and especially my col- When those sales are made on the How can you collect it? First, the leagues who joined me tonight for their Internet, instead of in Chris Koos’s States have to provide you with the unwavering support of this bill. I can’t shop, there is no revenue coming back software so your business does not run thank Senator ALEXANDER, Senator to the city of Normal, IL, or McLean into the expense of how to collect it. HEITKAMP, and Senator DURBIN enough County. That is Chris’s story, but it is You say: I bet that is an elaborate un- for their efforts. I am going to yield the story of thousands, maybe mil- dertaking. You can buy the basic soft- the floor and turn it over to Senator lions, of businesses across America ware to identify the sales tax based on DURBIN who has been a real champion that are losing out now to Internet the consumer’s address for about $15 and one of the best explainers of the competition that is not collecting the for the basic package or maybe a cou- parts of this bill that I have ever run sales tax that is supposed to be paid. ple hundred dollars at the most. into. I really appreciate his efforts and Then I met another man. I will not But in this situation the States are his help. We wouldn’t be this far were disclose the name of his company, but going to help the Internet retailers in it not for his efforts. he is a major retailer in the United developing the software so that when The PRESIDING OFFICER (Mr. DON- States. He came to visit me in my of- someone makes a purchase from Chi- NELLY). The Senator from Illinois. fice in February or March, and he said: cago, IL, or Springfield, IL, whoever is Mr. DURBIN. Mr. President, I wish to I want to tell you, in this last Christ- selling to me on the Internet will then thank my colleague from Wyoming. mas season, which is the biggest time forward that sales tax to the Illinois The most frequently asked question, no of the year for my big-box business, we Department of Revenue. End of story. matter where I appear in Illinois or at had a downturn of 8 percent in sales. It is just that simple. fundraising events, is, Why can’t you Based on our projections, we thought What it does, of course, is level the folks get along in Washington. What is for sure we would have more sales. We playing field for bricks-and-mortar it like to be in a place where everybody had a downturn of 8 percent. He said: I businesses, providing a new source of is at one another’s throats and you lost them to the Internet. Senator, I revenue that should be collected and is can’t accomplish anything? Why can’t can’t stay in business this way. I can’t owed legally in these States to the you do things on a bipartisan basis? run a showroom for people who want to local units of government. What is it like today, and how do you sell things on the Internet. We passed this with enormous sup- compare it to what it was like a few What we are talking about is the port from the retail community. It is years ago? basic collection of sales tax for pur- not surprising. And it just was not the I say to them there are times when chases on the Internet. In my State—in shop owners. It is people who under- we do come together and do something virtually all the States with a sales stand the importance of this. This has important. This is one of those times— tax—there is a legal obligation to pay been said over and over: These bricks- the Marketplace Fairness Act. it. I did not realize that until a few and-mortar shops around America do It was 1 year ago that Senator ENZI years ago. My bookkeeper was doing so much more than just sell a product. led the fight on this. I do not know ex- my family tax return for my wife and They are citizens in the community, actly when he started it, but I was myself. She called and said: Senator, corporate business citizens in the com- happy to join in, in his effort, when do you want to pay the taxes you owe munity. They participate. When the Senator Byron Dorgan retired. I called on Internet purchases? I said: Yes, I local high school is having their grad- Senator ENZI and said: I would like to think I want to pay the taxes I owe. uation program and they want some- step in and help you with this bill. He She said: Well, how much did you buy body to help sponsor it, they will go said: Let’s do it. We brought in LAMAR on the Internet? I said: I will try to put down to the local sporting goods store ALEXANDER, who made some valuable it together. I called her back, gave her for a helping hand on the program. contributions to it. Then along comes a number. She said: Here is the calcula- That happens over and over. Whether it HEIDI HEITKAMP, the new Senator from tion. On your State income tax return is Khoury League or Pop Warner, they North Dakota. Was she ever ready for we will declare that you are going to are in there helping in the commu- this fight—a former sales tax commis- pay X dollars that you owe for Illinois nities. sioner in that State and a former at- sales tax for purchases you made on Isn’t it important and fair that they torney general. She knew this issue in- the Internet. When I said: Is that what be treated fairly here? Sixty-nine side and out. She has been a terrific I am supposed to do? She said: Yes. We Members of the Senate thought so. ally. did it. We have done it every year Democrats and Republicans voted for So there were the four of us. What an since. it—Senator ENZI and I, Senator ALEX- odd grouping: two Republicans, two It turns out only 5 percent of Illinois ANDER and Senator HEITKAMP. We had Democrats from literally all over the taxpayers fill in that line on a State 29 cosponsors of this bill who sat down United States. We worked together, income tax return. I am guessing more and said: Let’s pass it. and 1 year ago today we passed this than 5 percent of taxpayers make We passed it. We sent it to the House basic bill, the marketplace fairness Internet purchases. But folks do not of Representatives, and nothing has bill. The reason for passing it was just know their obligation, they do not fol- happened—nothing. There have been look at the name of it: fairness. low through on their obligation, and some statements made over there, and I think about two people when I the losers are, of course, our State and I hope those statements lead to action, think about this bill. One of them is local units of government. but it is time for them to pick up this the mayor of Normal, IL. His name is This bill says, if Illinois, if Indiana, if bill and this responsibility. If they Chris Koos, a great friend of mine and Wyoming wishes, on a voluntary basis, have a better approach, let’s see it. a terrific mayor. Chris, in addition to they may use this bill to start col- Let’s work on it. Let’s do it on a bipar- being the mayor, runs a shop where he lecting sales tax when it comes to tisan basis. Let’s come up with an ap- sells running shoes and bicycles and Internet sales into their State. It is proach that works. lots of running equipment and stuff. voluntary. The States have to decide to I cannot tell you how many different So I visited his shop, a great little do it. It is not a new tax. This has been businesses have come through my shop. He is a terrific businessperson. said over and over: It is the existing door—from Sears, Roebuck down to He told me a story, which I have heard sales tax wherever it may be—in your just basic mom-and-pop businesses—

VerDate Mar 15 2010 02:22 May 07, 2014 Jkt 039060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G06MY6.061 S06MYPT1 jbell on DSK7SPTVN1PROD with SENATE May 6, 2014 CONGRESSIONAL RECORD — SENATE S2711 and said: What are we going to do Abt is one of the lucky ones—it is a being Main Street retailers, the jobs about the House of Representatives? fine example of a successful American these retailers provide, and the com- They just will not take up this meas- business that has continued to grow munities these businesses support. ure. since opening in 1936 and supports Recently, 1,064 of these businesses I hope they will. They still have time about 1,100 jobs. It also has an online sent a letter urging Chairman Good- to do it. We have waited 1 year. I do presence so it can reach even more cus- latte to move legislation to address the not want to wait much longer. In an tomers. inequity they face every day. Many of election year, it will be almost impos- But there are others that haven’t these businesses were from the chair- sible to do it. been so lucky. man’s home State of Virginia. So I hope we can get this done. It is Soccer Plus in Palatine is an example How long can we expect our small going to mean that local businesses of what happens when it becomes too businesses that are partners in our that are important and the backbone of difficult to compete with online retail- communities to stay in business when our community are going to have the ers that have a 5- to 10-percent price we are tying one hand behind their resources they need because the sales advantage. back? will take place that otherwise are not A year ago when Soccer Plus went I urge them to hold on as long as pos- taking place today, and the local units out of business we lost good-paying sible, but the only real solution is for of government will receive the pro- jobs. And Palatine lost a business that Congress to act. ceeds from the sales tax that is col- was a part of our community. lected. There is nothing we can do now for I strongly urge my colleagues in the One of the major marketplace retail- Soccer Plus. But we can still help thou- House, Chairman GOODLATTE, and oth- ers on the Internet is Amazon. Amazon sands of retailers avoid the same fate ers, to give Main Street retailers a may be the biggest. They support this as Soccer Plus by leveling the playing fighting chance by passing sales tax bill. If you ask them why, they say: We field for Main Street retailers. fairness legislation as soon as possible. don’t want to fight this battle in 50 Since the Senate passed the Market- We welcome the opportunity to work States and all the different cities and place Fairness Act 1 year ago, the in- with our House colleagues so that one counties as to how much sales tax. equity between Main Street retailers day soon we can offer businesses and Let’s just make it uniform across the and online retailers has only increased States a solution to level the playing country. as e-commerce has grown. field for retailers that is simple and That is what the bill does. So Ama- Online retail spending grew 14 per- fair. zon supports this. They are prepared to cent last year alone, to $263.3 billion, In closing, I want to recognize the collect that sales tax and remit it to and is estimated to reach over $300 bil- work Senators ENZI, ALEXANDER, and the States. They do not believe it is an lion in 2014. HEITKAMP have done on this issue. onerous burden that they are going to Unlike 20 years ago, or even 10 years Senator ENZI introduced the first bill face. I hope others will join them. ago, we are no longer talking about a As I have said, 1 year ago today more than a decade ago to level the few online retailers without access to Members of the Senate did something playing field because he understands we don’t do enough. We put aside the the technology necessary to collect firsthand, being a former retailer, how partisan differences that cause so much sales and use taxes. We are talking unfair this is for Main Street retailers. gridlock around here and came to- about hundreds of retailers, many of Last year when we passed the Mar- gether to pass bipartisan legislation— which are large billion-dollar busi- ketplace Fairness Act we came one the Marketplace Fairness Act. On this nesses that have a price advantage over step closer to leveling this playing day last year 69 Members of the Senate small Main Street businesses because field by allowing States to require both agreed that we need to help create jobs, they don’t collect sales and use taxes. brick and mortar retailers and online invest in our communities, and keep It is time we update our laws so they retailers to play by the same set of Main Street alive and able to compete. match our 21st century marketplace. rules. The Marketplace Fairness Act levels Retailers in Illinois can now reach It will ensure that Main Street busi- the playing field for retailers by allow- customers all over the country through nesses, like Abt, have a fighting chance ing States to treat brick-and-mortar this new marketplace and software has and no more stores will have to close retailers the same as remote retailers been developed to calculate sales and because of the current inequity they in the collection of State and local use tax for every jurisdiction in the face. country—yes, all 6,000 of them. sales and use taxes. Again, I urge the House to pass sales It is time to end this idea that tech- Those that benefit under our current tax fairness legislation. I hope that the nology can’t handle calculating sales system—retailers that have a 5- to 10- House Judiciary Committee will move and use taxes. Many retailers are al- percent price advantage over their forward in the coming weeks and offer ready using this technology to collect competitors on Main Street—want to any help I can give. continue the status quo. But it is not and remit these taxes and similar tech- I am not going to take much longer. fair to the thousands of Main Street nology to calculate shipping costs. I think we have covered the subject businesses that have worked hard to This is especially true when talking well, and I thank Senator ENZI from grow their businesses only to become about online retailers who by their Wyoming, as well as Senator HEITKAMP showrooms because of this price advan- very definition use technology to sell from North Dakota, and especially tage. People come in, look around, their products. Senator ALEXANDER from Tennessee for even try on merchandise, and then The internet and e-commerce is no leave and buy the product online. longer a baby in its crib. The baby is kicking this off. This happens many times because all grown up, running at full speed, and I ask unanimous consent to have sales and use taxes are not collected using outdated laws to threaten Main printed in the RECORD this article by when a product is purchased online, so Street businesses. Donnie Eatherly. Donnie is the presi- it seems cheaper. But we all know the The Senate passed a bill to update dent of P&E Distributors in Tennessee. tax is still owed by the customer. In Il- our laws and correct this inequity 1 He is also a member of the Alliance for linois about 5 percent of customers end year ago. The bill was supported by Main Street Fairness Small Business up paying that tax. over 280 business, State, local, and Advisory Board. He wrote this article Abt Electronics, a retailer in Glen- labor organizations, both progressives on May 6 that is entitled: ‘‘It’s Time view, IL, knows about this challenge and conservatives alike. To Level The Playing Field For Main all too well. It is president, Michael Yet the House has done little more Street Businesses,’’ and it is a good ar- Abt, said that ‘‘often times with con- than hold a hearing which was added to ticle. It says, in the simplest terms, sumer electronics, the profit margin is the long list of hearings already held what he, as a businessman, sees this 10 percent or less . . . when an online on this issue over the last 20 years. issue to mean. competitor doesn’t collect taxes and Each week that the House doesn’t act There being no objection, the mate- then offers free shipping, it’s a huge ad- is another week that Congress is pick- rial was ordered to be printed in the vantage for the competition.’’ ing winners and losers—the losers RECORD, as follows:

VerDate Mar 15 2010 02:22 May 07, 2014 Jkt 039060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G06MY6.062 S06MYPT1 jbell on DSK7SPTVN1PROD with SENATE S2712 CONGRESSIONAL RECORD — SENATE May 6, 2014 (Commentary, May 6, 2014) basis, with a big vote—some 69 votes. pay a special rate to get it overnight. IT’S TIME TO LEVEL THE PLAYING FIELD FOR We can do it in the House of Represent- You can get it right then. MAIN STREET BUSINESSES atives. Let’s get something done this One of the things that is discour- (By Donnie Eatherly) year that is going to help businesses aging for retailers is, if you waited on Small-business owners like myself have for across America be profitable and hire somebody and they got the barcode and years urged Congress to create a level play- more people, put more folks to work they ordered it online and it came in ing field that will allow us to compete with across the United States. and it was not exactly what they want- our online-only competitors. One year ago At this time, I yield the floor to my ed, then they come to you and say: this week, the Senate overwhelmingly passed friend from Wyoming. Well, this is the brand you are selling. legislation that would accomplish this goal, The PRESIDING OFFICER. The Sen- Won’t you take it back? and we’re counting on the Republican-led ator from Wyoming. House of Representatives to do the same. Let’s see, they did not make any- Thanks to an antiquated tax loophole, Mr. ENZI. Mr. President, I want to thing on it, they used a whole bunch of large out-of-state online retailers can avoid thank the Senator from Illinois for his time, and now they want you to put it collecting state sales tax on purchases made excellent explanation. I have been join- in your inventory. That is very dis- by residents in my state, which gives them a ing him and watching him do that for couraging. significant 9.75 percent competitive advan- several years. It would be nice to get So think about those local clerks. tage over traditional brick-and-mortar shops this finished. They are your friends and neighbors that follow the law and collect those taxes. There are a few things we may not who are being hired locally who really To fix this unfair system, a bipartisan have mentioned that are sometimes depend on a job. If everything gets or- group of 69 senators last year passed the raised when people ask me about mar- Marketplace Fairness Act, a common-sense dered online, they will not have a job. reform that would ensure all businesses play ketplace fairness. One of them is from Your friends will have to move, and by the same rules. Unfortunately, the legis- small towns. They say: We have to go you will not have as much selection as lation has stalled in the House. on the Internet because there is not you have right now in your local store. As each week passes with no action, brick- enough selection in our town and we Again, I wish to thank all those who and-mortar businesses continue losing sales can get things we cannot buy in town voted for it, all those who have worked to a common practice known as and some of the things we can get at a on it, and all those who are considering ‘‘showrooming,’’ in which customers browse lower price by going out of town. voting for it the next time they get it and test items at local stores and then head I always ask them, when they are fig- home to buy them online knowing they will because I know we have picked up some not have to pay state sales tax. uring that lower price, are they fig- momentum since we did it last time. For many small businesses such as mine, uring it without sales tax or with sales There are people who have heard from every sale counts and losing this revenue tax, because it is not truly a lower their communities now who say: Well, hurts our ability to grow our businesses and price if what you are doing is just I did not vote right last time, but I will hire new employees. We cannot wait any cheating your local merchant out of get it right next time. I am looking longer for a federal solution to this problem. the right to collect the sales tax— forward to that, and I am looking for Main Street business owners are not ask- which he does not get paid for any- the House to finish it and send it to the ing for a handout, and we’re certainly not way—and submitting it, when the out- afraid of competition from the big guys. But President. it simply does not make sense for out-of- of-State retailer does not have to do Thanks again, I say to Senator DUR- state online retailers to enjoy such a big that. BIN, for his tremendous effort. competitive edge over local businesses that As to the revenue that companies are I yield the floor. give back to their communities. voluntarily collecting now—and there The PRESIDING OFFICER. The Sen- Despite what some have said about the are a number of them that recognize it ator from Illinois. Marketplace Fairness Act, this is not a new is difficult for everybody to keep track f tax, nor does it create any taxes. These taxes of their purchases, so they voluntarily are already on the books, and the legislation collect it—the question I have had is, MORNING BUSINESS would simply give states the necessary tools Does that money they voluntarily col- to collect them. As conservative Republican Mr. DURBIN. Mr. President, I ask Rep. Steve Womack of Arkansas has said, lect go back to the States? Yes, it ab- unanimous consent that the Senate ‘‘It’s not new, it’s due!’’ solutely does, and it will work that proceed to a period of morning busi- Not only does this level the playing field way under the bill as well. It is not ness, with Senators permitted to speak for all businesses, but it would also put addi- money that you are just sending to therein for up to 10 minutes each. tional revenues in state coffers to fund vital wherever you ordered it from. You are The PRESIDING OFFICER. Without services such as education and public safety. sending it to where it was ordered objection, it is so ordered. Importantly, the legislation also includes a from, and then they are sending it back f $1 million exemption on remote sales so to to States. put that into perspective, over 99 percent of CONGRATULATING KEN DUGAN all online sellers will not be affected by this That is what these programs the Sen- legislation in any way. In other words, all ator from Illinois mentioned do. They Mr. REID. Mr. President, I rise today the mom and pop stores who do business on keep track of what State all the pur- to honor and recognize the career of the Internet don’t have to worry about it. chases were from. Here is how difficult Ken Dugan, center director of the Si- Additionally, for the less than 1 percent of that is. When you call in your order or erra Nevada Job Corps. Ken is retiring online sellers who will be subject to col- you do it online, at some point you this month after spending 39 years in lecting sales and use taxes under this bill, have to put in an address with a ZIP the Job Corps program, 36 of which as the legislation requires each participating Code. That ZIP Code is all the program a center director. Throughout this state to provide free tax software that will time, Ken has worked tirelessly to help allow them to quickly and efficiently cal- needs in order to be able to assess your culate, collect and remit sales tax. The pro- tax. That is how those programs are improve the lives of at-risk teenagers posal also includes liability protections for designed. So if you have to give an ad- and young adults through vocational sellers and limits against audits. dress, you have to give the ZIP Code. If and academic training. This reform is long overdue, and Main you have to give the ZIP Code, they al- When Ken started his first assign- Street businesses cannot wait any longer for ready know what the tax is going to be. ment with the San Jose Job Corps in help. For those who believe in state’s rights So there is no difficulty for any size re- 1975, he never envisioned that almost 4 and the basic principle of limited govern- tailer to be able to figure out what the decades later he would be retiring with ment, we should all agree that Washington, the organization. However, Job Corps D.C., should no longer be in the business of tax is they are supposed to be doing. picking winners and losers in the market- Another argument I hear is the on- and its mission soon became a way of place. line place provides free shipping. I life for him. After stints as center di- It’s time for the House of Representatives want you to know your local retailer rector at the San Jose and Hawaii Job to stand up for the small businesses in their provides free shipping and immediate Corps centers, we in Nevada were ex- districts, follow the Senate’s lead and finally pickup. Somebody had to pay the ship- tremely fortunate to have Ken take pass marketplace fairness. ping on it. It got to the store, and you over as center director for the Sierra Mr. DURBIN. So let’s get together. can pick it up right there, instantly. Nevada Job Corps, the only Job Corps We did it in the Senate on a bipartisan You do not have to wait 2 or 3 days or center in the State. During his 19 years

VerDate Mar 15 2010 02:22 May 07, 2014 Jkt 039060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\A06MY6.037 S06MYPT1 jbell on DSK7SPTVN1PROD with SENATE May 6, 2014 CONGRESSIONAL RECORD — SENATE S2713 with Sierra Nevada, Ken oversaw the plished students they have supported The Armenian Genocide was carried relocation and new construction of the and will continue to assist through this out by the Ottoman Empire in its wan- center, the third time he had done so wonderful program. I am confident ing years amidst the chaos of World with a center. The new center, with that this initiative will enrich Aroos- War I. For what was an undeniably Ken at its head, has greatly enhanced took County, its families, its future gruesome period in human history, the living and learning environment workforce, and its economy. Theodore Roosevelt called the Arme- for thousands of students over the Mr. KING. Mr. President, I wish to nian Genocide ‘‘the greatest crime of years. associate myself with the comments of the war.’’ During his unprecedented 36-year the senior Senator from Maine. I, too, It is this terrible chapter, more than tenure as a center director, the Job am proud to commend the Aroostook any other single event, that led to the Corps centers Ken has run have been Aspirations Initiative, AAI, and the Armenian diaspora, including in the honored with numerous performance Gauvin County Scholarship Fund for United States and my home State of awards from the U.S. Department of their efforts to increase educational Rhode Island. For generations, the Ar- Labor, not to mention Recognition of and economic opportunity in Aroos- menian community has been a strong Performance and Community Value took County. AAI’s partnerships with and hardworking part of our Rhode Is- awards by the legislatures and Con- all 16 of the county’s high schools and land family, producing great leaders in gressional delegations of California, all 4 of the county’s institutions of both government and business. Wheth- Hawaii, and Nevada. On behalf of the higher education serve as a model of er at flag raising ceremonies, church U.S. Senate, I commend Ken Dugan on what forward-thinking private citizens, festivals, the wonderful St. Vartanantz a lifetime of public service, and wish schools, colleges, universities, and Annual Bazaar at Rhodes on the him the best in all his future endeav- businesses can accomplish when they Pawtuxet, or at commemorations of ors. set out to better their communities. the Armenian Genocide at the monu- ment in the North Burial Ground in f The initiative takes on the goal of in- creasing access to education for first- Providence, Armenians are part of the AROOSTOOK ASPIRATIONS generation college students and those fabric of Rhode Island. INITIATIVE from lower income families, clearly Since achieving independence after Ms. COLLINS. Mr. President, I would critical in its own right as a matter of the fall of the Soviet Union, Armenia like to engage my fellow Senator from fairness and pairs it with measures de- has at last established a foothold for Maine in a colloquy regarding a new signed to harness the benefits these democracy in the Caucasus after cen- citizen-led education enterprise in our students will bring to the local econ- turies of outside domination and to- great State, the Aroostook Aspirations omy. Scholarship recipients are di- talitarian rule. I have long supported Initiative, AAI. rected to local colleges and univer- foreign assistance to Armenia to help grow its economy and strengthen its Aroostook County, where I was born sities, allowing them to forge connec- Democratic institutions, and I will and raised, is defined by an extraor- tions with local business leaders dinary work ethic and the enduring continue to do so. through AAI-coordinated internships. But perhaps the most meaningful spirit of its people. It is Maine’s north- As a capstone, AAI matches scholar- ernmost and largest county, and its thing we can do for Armenia and for ship recipients with mentors who help Armenians in Rhode Island is to help economy depends on an able and edu- them craft business plans in their sen- cated workforce. Too often, the goals cast a light on that brutal genocide 99 ior year of college, ensuring that each years ago. To this day, too many peo- of hard-working students in Aroostook graduate has a roadmap as they enter County are impeded by the costs of ple are unaware of this tragedy, due in the workforce. The first group of schol- part to the unwillingness of some to higher education and the complexities arship recipients will graduate in 2015, call it what it was. But make no mis- of choosing a career. Thanks to the ex- and I look forward to observing their take; the slaughter of innocent Arme- traordinary commitment of Ray and accomplishments and the added energy nians was genocide, plain and simple. Sandy Gauvin, those obstacles are they will bring to their communities. Indeed, our modern term ‘‘genocide’’ being addressed in dramatic and dy- None of this would be possible with- was first coined to describe both the namic ways. out the vision and generosity of Ray Jewish Holocaust and the plight of the Cognizant of the needs of students and Sandy Gauvin, along with that of Armenians under Ottoman persecution. and indebted to a community that en- the businesses, schools, colleges, and Along with my Rhode Island col- abled their own success, the Gauvins community organizations that have league Senator JACK REED, I have have designed a multifaceted program heeded their call in supporting AAI. proudly cosponsored resolutions in the aimed not only at educating but also The Gauvins’ personal experience, as a Senate condemning the genocide and empowering students in Aroostook first-generation college student and a calling on the President of the United County. Through AAI, they have estab- career teacher, respectively, clearly in- States to ensure that U.S. foreign pol- lished a scholarship fund, launched by spired the effort they have spear- icy appropriately and without equivo- their own generous donation, for high headed. As they noted in an interview cation reflects the realities of the Ar- school students seeking postsecondary with the Bangor Daily News, they be- menian Genocide. This solemn recogni- education. These scholarships target lieve ‘‘education is the great equal- tion is important not only to so many economically disadvantaged and first- izer,’’ and I could not agree more. I Armenians in Rhode Island and generation college students throughout thank the Gauvins and the initiative’s throughout the world, but to our the county. AAI collaborates with the business and education partners for human obligation to the truth. University of Maine at Presque Isle and stepping up to support the county’s f at Fort Kent, the Northern Maine Com- next generation of leaders. I cannot munity College, Husson University, wait to see, with their communities be- IMMIGRATION RULE CHANGE area businesses and entrepreneurs to hind them, what these students will Mr. GRASSLEY. Mr. President, offer seminars to guide students achieve. today, the Departments of Homeland throughout their postsecondary edu- f Security and Commerce announced a cation. Students can also team up with proposed rule change that would ex- Aroostook County employers through a REMEMBERING THE ARMENIAN tend employment authorizations to cooperative internship program that GENOCIDE spouses of certain H–1B workers. The gives them practical experience in ca- Mr. WHITEHOUSE. Mr. President, rule says that spouses who have al- reers they would like to pursue. These last week, Armenians and friends of ready begun the process of seeking internships help lay the foundation for Armenians around the world solemnly legal permanent resident status invaluable relationships with profes- remembered the horrific dislocation through employment, or those who sional mentors. and slaughter that began in 1915 and re- have been granted an extension beyond I am extremely proud of the Gauvins, sulted in more than 1.5 million deaths their 6-year limit of stay in the coun- the business leaders with whom they and another half million Armenians try, are eligible for employment au- have joined forces, and the accom- driven from their ancient homeland. thorizations.

VerDate Mar 15 2010 02:22 May 07, 2014 Jkt 039060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G06MY6.031 S06MYPT1 jbell on DSK7SPTVN1PROD with SENATE S2714 CONGRESSIONAL RECORD — SENATE May 6, 2014 On a call with media today, Home- to those who are accompanying or fol- Johnathan Goodie of Breaux Bridge; land Security Deputy Secretary lowing to join a principal H–1B worker. two step brothers, Raymond Green of Mayorkas said that the intent of this Inclusion of this provision signals that New Iberia and Colby Green of Dallas, regulation is to make it more attrac- the Secretary does not currently have TX; his uncle, Yancy Thibodeaux of tive for foreign workers to come to and authority. Reno, NV; his brother-in-law, Nolan stay in the United States. Under cur- Originally, the bill written by the Hamilton Sr. of New Iberia; his nephew rent law, Congress authorized 85,000 H– Gang of Eight, only gave that author- and godchild, Nolan Hamilton Jr., of 1B visas to be available each year for ity to the Secretary if the home coun- New Iberia; six grandchildren, Dayton high-skilled workers. Yet, with this try of the foreign national did the same LeBlanc, Braylen Goodie, Derrick sweeping rule, more workers will be al- for U.S. workers. The Gang of Eight’s LeBlanc Jr., Carmyn Goodie, Kennedy lowed to come, work, and compete with bill said, ‘‘The Secretary of Homeland LeBlanc, and Jalen Goodie; two nieces, U.S. workers in high-skilled fields de- Security shall authorize the alien Patience Thibodeaux and Setonya spite the well-documented fraud in the spouse to engage in employment in the Mouton; nephew, Gregory Martin H–1B program. The Department be- United States only if such spouse is a Thibodeaux Jr; great niece, Zaylen lieves that the rule change will allow national of a foreign country that per- Mouton; great nephew, Zyren more than 97,000 people to obtain em- mits reciprocal employment.’’ Lastrapes; and his aunt, Janzina ployment authorization in the first The intent of the authors of the Sen- Thibodeaux. year alone. ate bill was to ensure that American It is with my heartfelt and greatest While we’re all interested in attract- spouses were treated equally. The rule sincerity that I ask my colleagues to ing the best and the brightest foreign does not take this into consideration. join me, along with David ‘‘Big Daddy’’ workers to the United States, the The Obama administration claims it Thibodeaux’s family, in recognizing the Obama administration clearly doesn’t wants immigration reform, but they life and many accomplishments of this seem concerned with the millions of can not wait for Congress. They act on incredible coach, mentor, and friend, as unemployed Americans, and those who their own. And, they do it to the det- well as his lasting impact throughout have been forced out of their jobs be- riment of American workers. We need the State of Louisiana. cause companies prefer to hire lower- to get immigration reform right, and f paid workers from abroad. doing ad-hoc rules that fly in the face In addition to their lack of compas- of the statute are not helpful to the SOUTHERN UNIVERSITY AT BATON sion and understanding for American process. What is next? Will the Presi- ROUGE CENTENNIAL workers, it is disturbing that the ad- dent unilaterally legalize the undocu- Ms. LANDRIEU. Mr. President, today ministration is once again circum- mented population because he can not I wish to honor Southern University lo- venting Congress and implementing have his way with Congress? President cated in Baton Rouge, LA, as it cele- their own rules. As with other unilat- Obama has to prove that he can be brates its 100th anniversary. Southern eral actions this administration has trusted. Otherwise, American workers University at Baton Rouge was estab- taken, I question their legal authority and the American people will continue lished on March 9, 1914, when Southern to issue this rule. to lose out because of his policies. University moved from New Orleans to In 2001, Congress explicitly laid out f Scott’s Bluff, overlooking the Mis- in statute that the Secretary could sissippi River in the northern section provide work authorizations to certain TRIBUTE TO DAVID THIBODEAUX of Baton Rouge. The University opened spouses of foreign workers. Congress Ms. LANDRIEU. Mr. President, I its doors just outside of Baton Rouge said that work authorizations could be wish to ask my colleagues to join me in with nine professors and just one cen- given to spouses of L1, intercompany recognizing the distinguished coach tral building to 47 students. The origi- transfers, and E, treaty traders/inves- and sports enthusiast, Mr. David ‘‘Big nal building, now called the Archives tors, visa holders. Congress did not, at Daddy’’ Clyde Thibodeaux. Coach and Information Center, housed the ad- that time, give spouses of H–1B visa Thibodeaux is best known throughout ministration, all classrooms, and even holders the permission to work. It his hometown of Acadiana as ‘‘Big served as an all-girls dorm. The origi- could have, but it did not. Daddy’’ for his warm and fatherly spir- nal campus is now a part of the Lou- The administration may claim that it to his family and former players isiana African American Heritage it has broad authority to issue work alike. Mr. Thibodeaux served with dis- Trail. authorizations to anyone in the United tinction as head coach of both the Southern University remains the States. If the executive branch has Stone Junkies Softball Team and AAU only land-grant school in the State of such broad authority, then why would Team Louisiana. In 2005, Coach Louisiana and now has more than 200 Congress explicitly lay out the cat- Thibodeaux was awarded for his re- buildings worth more than $200 million. egory of visa holders and foreign na- markable coaching career when he was This year’s Southern University and tionals who could work in the U.S.? inducted into the AAU Louisiana Hall A&M College at Baton Rouge, SUBR, And, what will come next? Where will of Fame. Centennial Celebration will honor this administration stop? What other Coach Thibodeaux disseminated his Southern’s historical contributions as categories of individuals will be grant- sage knowledge of the game to more well as acknowledge exceptional alum- ed work authorizations? The rule al- than just his players. Through his work ni in a variety of fields, including its lows spouses of ‘‘certain’’ H–1B visa as a sports announcer, Coach first president, Dr. Joseph Samuel holders to work. What about the oth- Thibodeaux also imparted his wisdom Clark. The Jaguar Nation of ers? Why didn’t the administration do of basketball and football with sports SouthernUniversity is well-known for a more comprehensive rule for all H–1B fans from around the country. Over the its role in the civil rights movement in spouses? Maybe the Department real- course of his announcing career Coach the State of Louisiana and for its na- ized they were already pushing the en- Thibodeaux broadcast live on KPEL’s tionally recognized marching band velope with its authority. Will the ad- ESPN 1420 Radio, Friday Night Foot- nicknamed, ‘‘the Human Jukebox.’’ ministration push back against advo- ball, Big Time Sports Show on Sun- Undergirding all of the centennial cates of other nonimmigrant cat- days, and Kevin Foote’s Wednesday events will be an ambitious fundraising egories, or refuse to expand the rule to Football Show in the morning, as well effort that will solicit financial sup- all spouses of H–1B visa holders? as the online show of PrepBallers.net. port from corporations, foundations, What is frustrating about this rule is His love of people and sports was evi- businesses, religious organizations, that it flies in the face of the immigra- dent to everyone who met Coach alumni, university retirees, former and tion bill that the Senate passed last Thibodeaux, and his life embodied a ca- current board members, former system summer. The bill, if passed, would reer of service to others and God. presidents and chancellors, former stu- allow spouses of H–1B holders to work. David Thibodeaux is survived by his dent campus leaders and athletes, cur- Section 4102 of S. 744 would give the wife, Rose A. Thibodeaux; his son Der- rent faculty, staff and students, elected Secretary of Homeland Security the rick and Niema LeBlanc Sr., of Petal, and appointed officials, community authority to issue work authorization MS; his daughter, Adrienne and leaders, and the public in general. The

VerDate Mar 15 2010 02:27 May 07, 2014 Jkt 039060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G06MY6.052 S06MYPT1 jbell on DSK7SPTVN1PROD with SENATE May 6, 2014 CONGRESSIONAL RECORD — SENATE S2715 funds generated will be credited to a across America—is preserving the char- who was deaf. But I was deeply dis- scholarship fund to assist qualified acter and vitality of our small towns turbed by the discrimination and ob- SUBR students. and rural communities. This isn’t just stacles he faced every day. That is why Today, Southern University at Baton about economics; It is also about main- I have always been a passionate advo- Rouge enrolls more than 7,000 across 44 taining our identity as Iowans. Main cate for full equality for people with undergraduate degree programs. South- Street Iowa helps preserve Iowa’s heart disabilities. As the primary author of ern also offers 30 post-graduate degree and soul by providing funds to revi- the Americans with Disabilities Act programs including six doctoral pro- talize downtown business districts. (ADA) and the ADA Amendments Act, grams and an ABA-accredited law This program has allowed towns like I have had four guiding goals for our school program. It is with my heartfelt Spencer to use that money to leverage fellow citizens with disabilities: equal and greatest sincerity that I ask my other investments to jump-start opportunity, full participation, inde- colleagues to join me in congratulating change and renewal. I am so pleased pendent living and economic self-suffi- Southern University at Baton Rouge as that Clay County has earned $50,000 ciency. Nearly a quarter century since it celebrates its 100th Anniversary. through this program. These grants passage of the ADA, I see remarkable f build much more than buildings. They changes in communities everywhere I build up the spirit and morale of people ADDITIONAL STATEMENTS go in Iowa—not just in curb cuts or in our small towns and local commu- closed captioned television but in the nities. full participation of people with dis- School grants: Every child in Iowa CLAY COUNTY, IOWA abilities in our society and economy, deserves to be educated in a classroom folks who at long last have the oppor- ∑ Mr. HARKIN. Mr. President, the that is safe, accessible, and modern. tunity to contribute their talents and strength of my State of Iowa lies in its That is why, for the past decade and a vibrant local communities, where citi- half, I have secured funding for the in- to be fully included. These changes zens come together to foster economic novative Iowa Demonstration Con- have increased economic opportunities development, make smart investments struction Grant Program—better for all citizens of Clay County, both to expand opportunity, and take the known among educators in Iowa as those with and without disabilities. initiative to improve the health and Harkin grants for public schools con- And they make us proud to be a part of well-being of residents. Over the dec- struction and renovation. Across 15 a community and country that re- ades, I have witnessed the growth and years, Harkin grants worth more than spects the worth and civil rights of all revitalization of so many communities $132 million have helped school dis- of our citizens. across my State. And it has been deep- tricts to fund a range of renovation and This is at least a partial accounting ly gratifying to see how my work in repair efforts—everything from updat- of my work on behalf of Iowa, and spe- Congress has supported these local ef- ing fire safety systems to building new cifically Clay County, during my time forts. schools. In many cases, these Federal in Congress. In every case, this work I have always believed in account- dollars have served as the needed in- has been about partnerships, coopera- ability for public officials, and this, my centive to leverage local public and tion, and empowering folks at the final year in the Senate, is an appro- private dollars, so it often has a tre- State and local level, including in Clay priate time to give an accounting of mendous multiplier effect within a County, to fulfill their own dreams and my work across four decades rep- school district. Over the years, Clay initiatives. And, of course, this work is resenting Iowa in Congress. I take County has received $797,135 in Harkin never complete. Even after I retire pride in accomplishments that have Grants. Similarly, schools in Clay from the Senate, I have no intention of been national in scope—for instance, County have received funds that I des- retiring from the fight for a better, passing the Americans with Disabil- ignated for Iowa Star Schools for tech- fairer, richer Iowa. I will always be ities Act and spearheading successful nology totaling $110,000. profoundly grateful for the opportunity farm bills. But I take a very special Agricultural and rural development: to serve the people of Iowa as their pride in projects that have made a big Because I grew up in a small town in Senator.∑ difference in local communities across rural Iowa, I have always been a loyal f my State. friend and fierce advocate for family SAC COUNTY, IOWA Today, I would like to give an ac- farmers and rural communities. I have ∑ counting of my work with leaders and been a member of the House or Senate Mr. HARKIN. Mr. President, the residents of Clay County to build a leg- Agriculture Committee for 40 years— strength of my State of Iowa lies in its acy of a stronger local economy, better including more than 10 years as chair- vibrant local communities, where citi- schools and educational opportunities, man of the Senate Agriculture Com- zens come together to foster economic and a healthier, safer community. mittee. Across the decades, I have development, make smart investments Between 2001 and 2013, the creative championed farm policies for Iowans to expand opportunity and take the leadership in your community has that include effective farm income pro- initiative to improve the health and worked with me to secure funding in tection and commodity programs; well-being of residents. Over the dec- Clay County worth over $20 million and strong, progressive conservation assist- ades, I have witnessed the growth and successfully acquired financial assist- ance for agricultural producers; renew- revitalization of so many communities ance from programs I have fought hard able energy opportunities; and robust across my State. And it has been deep- to support, which have provided more economic development in our rural ly gratifying to see how my work in than $997,000 to the local economy. communities. Since 1991, through var- Congress has supported these local ef- Of course my favorite memory of ious programs authorized through the forts. working together has to be their work farm bill, Clay County has received I have always believed in account- through Main Street Iowa to renovate more than $14 million from a variety of ability for public officials, and this, my the Spencer Community Theater. In farm bill programs. final year in the Senate, is an appro- 1982, this building was transformed Keeping Iowa communities safe: I priate time to give an accounting of from the vacant Spencer Grocer Build- also firmly believe that our first re- my work across four decades rep- ing into the Spencer City Theatre, a sponders need to be appropriately resenting Iowa in Congress. I take center for arts, culture, and commu- trained and equipped, able to respond pride in accomplishments that have nity gathering. This funding has al- to both local emergencies and to state- been national in scope—for instance, lowed for the space to again be trans- wide challenges such as for instance, passing the Americans with Disabil- formed. With these renovations, the the methamphetamine epidemic. Since ities Act and spearheading successful Spencer City Theatre is now a facility 2001, Clay County’s fire departments farm bills. But I take a very special that can better serve the Clay County have received over $705,345 for fire- pride in projects that have made a big community. fighter safety and operations equip- difference in local communities across Among the highlights: ment. my State. Main Street Iowa: One of the greatest Disability Rights: Growing up, I Today, I would like to give an ac- challenges we face—in Iowa and all loved and admired my brother Frank, counting of my work with leaders and

VerDate Mar 15 2010 02:27 May 07, 2014 Jkt 039060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G06MY6.053 S06MYPT1 jbell on DSK7SPTVN1PROD with SENATE S2716 CONGRESSIONAL RECORD — SENATE May 6, 2014 residents of Sac County to build a leg- including more than 10 years as chair- vada statesman and dedicated public acy of a stronger local economy, better man of the Senate Agriculture Com- servant. schools and educational opportunities, mittee. Across the decades, I have Joe found his calling leading Ne- and a healthier, safer community. championed farm policies for Iowans vada’s citizens in the legislature Between 2001 and 2013, the creative that include effective farm income pro- through more than 20 years of public leadership in your community has tection and commodity programs; service. Elected for an unprecedented worked with me to successfully acquire strong, progressive conservation assist- eight sessions, he is remembered as a financial assistance from programs I ance for agricultural producers; renew- friend and a gentleman by both his col- have fought hard to support, which able energy opportunities; and robust leagues and me. His leadership and ex- have provided more than $5.6 million to economic development in our rural emplary contributions to the State of the local economy. communities. Since 1991, through var- Nevada are, and continue to remain, Of course my favorite memory of ious programs authorized through the unmatched. working together has to be Sac Coun- farm bill, Sac County has received A quiet and humble man with an ap- ty’s excellent work to secure funding more than $3.1 million from a variety titude for compromise, Joe unquestion- for firefighting equipment through of farm bill programs. ably sustained our State throughout Federal Emergency Management Agen- Keeping Iowa communities safe: I his long tenure. Supporting Nevada’s cy, FEMA, fire grants. I look forward also firmly believe that our first re- economic backbone through his in- to seeing how Fremont County has im- sponders need to be appropriately volvement in the gaming industry, Joe plemented this important funding in trained and equipped, able to respond expanded Nevada’s economy and pres- their community. to both local emergencies and to state- ence among the Nation. As a legislator, Among the highlights: wide challenges such as, for instance, his focus was not only on issues of im- Investing in Iowa’s economic devel- the methamphetamine epidemic. Since portance in his rural district, such as opment through targeted community 2001, Sac County’s fire departments agriculture and water policy, but also projects: In Northwest Iowa, we have have received over $585,000 for fire- on issues of necessity in the entire worked together to grow the economy fighter safety and operations equip- State regarding education, health care, by making targeted investments in im- ment. and, of course, his legacy, the bistate portant economic development projects Disability Rights: Growing up, I Tahoe Regional Planning Agency. including improved roads and bridges, loved and admired my brother Frank, Moreover, his loyalty and dedication modernized sewer and water systems, who was deaf. But I was deeply dis- to his community civics was excep- and better housing options for resi- turbed by the discrimination and ob- tional. Knowing and fighting for his dents of Sac County. In many cases, I stacles he faced every day. That is why constituency’s concerns, all while have secured Federal funding that has I have always been a passionate advo- searching for what was best for Ne- leveraged local investments and served cate for full equality for people with vada, despite rifts in political as a catalyst for a whole ripple effect of disabilities. As the primary author of ideologies, are two things Nevadans positive, creative changes. For exam- the Americans with Disabilities Act, will never forget about Joe. ple, working with mayors, city council ADA, and the ADA Amendments Act, I Born in 1929, rising from modest be- members, and local economic develop- have had four guiding goals for our fel- ginnings, Joe, the son of an Italian im- ment officials in Sac County, I have low citizens with disabilities: equal op- migrant saloonkeeper, was raised in fought for funding for small airport portunity, full participation, inde- Yerington, a very small, rural commu- funding at the Federal Aviation Ad- pendent living, and economic self-suffi- nity in Nevada. Yet through achieve- ministration, which allowed commu- ciency. Nearly a quarter century since ment of self and service, he became one nity leaders to successfully acquire passage of the ADA, I see remarkable of the most influential Nevadans in our over $1.5 million in airport improve- changes in communities everywhere I State’s rich history. His motivation ments, helping to create jobs and ex- go in Iowa—not just in curb cuts or and selflessness embodies the ‘‘Battle pand economic opportunities. closed captioned television but in the Born’’ State. With his passing, Nevada School grants: Every child in Iowa full participation of people with dis- lost a great man who is immortalized deserves to be educated in a classroom abilities in our society and economy, for encouraging respect among his that is safe, accessible, and modern. folks who at long last have the oppor- community and fellow assemblymen. That is why, for the past decade and a tunity to contribute their talents and My entire family extends our half, I have secured funding for the in- to be fully included. These changes thoughts and condolences to Joe’s novative Iowa Demonstration Con- have increased economic opportunities loved ones, and we thank them for struction Grant Program—better for all citizens of Sac County, both their service as well. known among educators in Iowa as those with and without disabilities. I ask my colleagues to join me in re- Harkin grants for public schools con- And they make us proud to be a part of membering Assemblyman Dini for his struction and renovation. Across 15 a community and country that re- unwavering loyalty and dedication to years, Harkin grants worth more than spects the worth and civil rights of all Nevada.∑ $132 million have helped school dis- of our citizens. f tricts to fund a range of renovation and This is at least a partial accounting COMMENDING NEW JERSEY HIGH repair efforts—everything from updat- of my work on behalf of Iowa, and spe- SCHOOL SENIORS ing fire safety systems to building new cifically Sac County, during my time schools. In many cases, these Federal in Congress. In every case, this work ∑ Mr. MENENDEZ. Mr. President, I dollars have served as the needed in- has been about partnerships, coopera- wish to honor 59 high school seniors in centive to leverage local public and tion, and empowering folks at the Camden County, NJ for their com- private dollars, so it often has a tre- State and local level, including in Sac mendable decision to enlist in the mendous multiplier effect within a County, to fulfill their own dreams and United States Armed Forces. Of these school district. Over the years, Sac initiatives. And, of course, this work is 59, 18 have elected to join the United County has received $158,167 in Harkin never complete. Even after I retire States Army: Troy Anderson, Cody grants. Similarly, schools in Sac Coun- from the Senate, I have no intention of Andreczski, Jacob Bauscher, Ennajee ty have received funds that I des- retiring from the fight for a better, Brisbane, Juliana Davis, Nicholas ignated for Iowa Star Schools for tech- fairer, richer Iowa. I will always be Dzindzio, Kristopher Espinal, Tyler nology totaling $99,430. profoundly grateful for the opportunity Fisher, Glenn Gray, Rajven Herrera, Agricultural and rural development: to serve the people of Iowa as their Austin Hughes, Velez Lopez Velez, An- Because I grew up in a small town in Senator.∑ thony Nigro, Chandler Pons, Tyron rural Iowa, I have always been a loyal f Robinson, Orlando Santos, Joshua friend and fierce advocate for family White, and Gordon Zenzola. Five have farmers and rural communities. I have REMEMBERING JOE DINI joined the United States Navy: Raul been a member of the House or Senate ∑ Mr. HELLER. Mr. President, I rise in Paneto, Spencer Wiggin, Taquayla Wil- Agriculture Committee for 40 years— remembrance of Joe Dini, a true Ne- son, Angel Gonzalez, and Kenneth

VerDate Mar 15 2010 02:27 May 07, 2014 Jkt 039060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G06MY6.033 S06MYPT1 jbell on DSK7SPTVN1PROD with SENATE May 6, 2014 CONGRESSIONAL RECORD — SENATE S2717 Ralph. Five have elected to join the fice of the President of the Senate on May 1, EC–5592. A communication from the Assist- United States Air Force: Ryan Swift, 2014; to the Committee on Agriculture, Nu- ant Secretary of the Army (Civil Works), Ryan Bauer, Alam Nazmul, Christian trition, and Forestry. transmitting, pursuant to law, the report of EC–5582. A communication from the Direc- the Secretary of the Army’s recommenda- Burgos, and Alex Thach. Nineteen have tor of the Regulatory Management Division, tion to authorize the Neuse River Basin Eco- elected to join the United States Ma- Environmental Protection Agency, transmit- system Restoration Project, North Carolina; rine Corps: Michael Porch, Thomas ting, pursuant to law, the report of a rule en- to the Committee on Environment and Pub- Hutchison, Johnny Nunez, Jerome titled ‘‘Tebuconazole; Pesticide Tolerances’’ lic Works. Williamston, Jordan Freeman, David (FRL No. 9909–31) received in the Office of EC–5593. A communication from the Direc- Zane, Anthony Reed, Emily Krowicki, the President of the Senate on May 1, 2014; to tor of the Regulatory Management Division, Randy Nguyen, Nicholas Celenza, Ian the Committee on Agriculture, Nutrition, Environmental Protection Agency, transmit- and Forestry. ting, pursuant to law, the report of a rule en- MacKenzie, William Hemphill, Steven EC–5583. A communication from the Acting titled ‘‘Approval and Promulgation of Imple- Charyszyn, James Pitcher, Ryan Gus- Congressional Review Coordinator, Animal mentation Plans; Region 4 States; Visibility tafson, Douglas Bardalesarevalo, Eze- and Plant Health Inspection Service, Depart- Protection Infrastructure Requirements for kiel Williams, Kyle Azzari, and Mi- ment of Agriculture, transmitting, pursuant the 1997 and 2006 Fine Particulate Matter Na- chael Hurley. And 12 have elected to to law, the report of a rule entitled ‘‘Impor- tional Ambient Air Quality Standards’’ (FRL join the New Jersey National Guard: tation of Cape Gooseberry From Colombia No. 9910–42–Region 4) received in the Office of Caitlyn Mount, Clarimar Rodriguez- Into the United States’’ (RIN0579–AD79) re- the President of the Senate on May 1, 2014; to ceived in the Office of the President of the the Committee on Environment and Public Vargas, Zachary Blome, Christopher Senate on May 5, 2014; to the Committee on Works. Foschini, Michael Lombardo, Kevin Agriculture, Nutrition, and Forestry. EC–5594. A communication from the Direc- Martina, Patrick Martina, Patrick EC–5584. A communication from the Asso- tor of the Regulatory Management Division, O’Hanlon, Kristie Siegman, Chris- ciate General Counsel, Department of Agri- Environmental Protection Agency, transmit- topher Robinson, Kylah Thomas, and culture, transmitting, pursuant to law, three ting, pursuant to law, the report of a rule en- Charles Reiss. (3) reports relative to vacancies in the De- titled ‘‘Approval and Promulgation of Imple- partment of Agriculture; to the Committee mentation Plans; Virginia; Regional Haze These 59 will also be honored on May on Agriculture, Nutrition, and Forestry. Five-Year Progress Report State Implemen- 20, 2014 at an ‘‘Our Community Salutes EC–5585. A communication from the Asso- tation Plan’’ (FRL No. 9910–34–Region 3) re- South Jersey’’ recognition ceremony in ciate Administrator of the Fruit and Vege- ceived in the Office of the President of the Voorhees Township, NJ. table Programs, Agricultural Marketing Senate on May 1, 2014; to the Committee on The future of our Nation remains Service, Department of Agriculture, trans- Environment and Public Works. strong because of young men and mitting, pursuant to law, the report of a rule EC–5595. A communication from the Direc- women like these 59 individuals who entitled ‘‘Irish Potatoes Grown in Certain tor of the Regulatory Management Division, Designated Counties in Idaho, and Malheur Environmental Protection Agency, transmit- have decided to step forward and com- County, Oregon; Decreased Assessment ting, pursuant to law, the report of a rule en- mit themselves to the defense of our Rate’’ (Docket No. AMS–FV–13–0093) received titled ‘‘Approval and Promulgation of Imple- Nation and to upholding the ideals in the Office of the President of the Senate mentation Plans; Delaware; Regional Haze upon which it was founded. Indeed, on May 1, 2014; to the Committee on Agri- Five-Year Progress Report State Implemen- these New Jerseyans represent the very culture, Nutrition, and Forestry. tation Plan’’ (FRL No. 9910–33–Region 3) re- best of America, and they should rest EC–5586. A communication from the Acting ceived in the Office of the President of the General Counsel, Department of Housing and assured that the full support of the Senate on May 1, 2014; to the Committee on Urban Development, transmitting, pursuant Environment and Public Works. Senate as well as the American people, to law, a report relative to a vacancy in the EC–5596. A communication from the Direc- are with them in whatever challenges position of Assistant Secretary for Congres- tor of the Regulatory Management Division, may lie ahead. sional and Intergovernmental Relations, De- Environmental Protection Agency, transmit- It is thanks to the dedication of un- partment of Housing and Urban Develop- ting, pursuant to law, the report of a rule en- told numbers of patriots like these 59 ment, received in the Office of the President titled ‘‘Approval and Promulgation of Air that we are able to meet here today, in of the Senate on April 30, 2014; to the Com- Quality Implementation Plans; Pennsyl- mittee on Banking, Housing, and Urban Af- the Senate, and openly debate the best vania; Determination of Attainment of the fairs. 2006 24-Hour Fine Particulate Matter Stand- solutions to the many and diverse EC–5587. A communication from the Acting ard for the Pittsburgh-Beaver Valley Non- problems that confront our country. It General Counsel, Department of Housing and attainment Area’’ (FRL No. 9910–32–Region 3) is thanks to their sacrifices that the Urban Development, transmitting, pursuant received in the Office of the President of the United States of America remains a to law, a report relative to a vacancy in the Senate on May 1, 2014; to the Committee on beacon of hope and freedom throughout position of Deputy Secretary, Department of Environment and Public Works. the world. We owe them, along with all Housing and Urban Development, received in EC–5597. A communication from the Direc- the Office of the President of the Senate on tor of the Regulatory Management Division, those who serve our country, a deep April 30, 2014; to the Committee on Banking, Environmental Protection Agency, transmit- debt of gratitude.∑ Housing, and Urban Affairs. ting, pursuant to law, the report of a rule en- f EC–5588. A communication from the Chair- titled ‘‘Regulation of Fuels and Fuel Addi- man and President of the Export-Import tives: 2013 Cellulosic Biofuel Standard’’ (FRL EXECUTIVE AND OTHER Bank, transmitting, pursuant to law, a re- No. 9910–18–OAR) received in the Office of the COMMUNICATIONS port relative to transactions involving U.S. President of the Senate on May 1, 2014; to the exports to China; to the Committee on Bank- Committee on Environment and Public The following communications were ing, Housing, and Urban Affairs. Works. laid before the Senate, together with EC–5589. A communication from the Assist- EC–5598. A communication from the Direc- accompanying papers, reports, and doc- ant Secretary, Legislative Affairs, Depart- tor of the Regulatory Management Division, uments, and were referred as indicated: ment of State, transmitting, pursuant to Environmental Protection Agency, transmit- law, a report relative to a section of the ting, pursuant to law, the report of a rule en- EC–5580. A communication from the Direc- Arms Export Control Act (RSAT 13–3700); to titled ‘‘Approval and Promulgation of State tor of the Regulatory Management Division, the Committee on Foreign Relations. Implementation Plans; Washington: Puget Environmental Protection Agency, transmit- EC–5590. A communication from the Assist- Sound Ozone Maintenance Plan’’ (FRL No. ting, pursuant to law, the report of a rule en- ant Legal Adviser for Treaty Affairs, Depart- 9910–02–Region 10) received in the Office of titled ‘‘alpha-Alkyl-omega-Hydroxypoly ment of State, transmitting, pursuant to the the President of the Senate on May 1, 2014; to (Oxypropylene) and/or Poly (Oxyethylene) Case-Zablocki Act, 1 U.S.C. 112b, as amended, the Committee on Environment and Public Polymers Where the Alkyl Chain Contains a the report of the texts and background state- Works. Minimum of Six Carbons etc.; Exemption ments of international agreements, other EC–5599. A communication from the Direc- from the Requirement of a Tolerance; Tech- than treaties (List 2014–0049—2014–0053); to tor of the Regulatory Management Division, nical Correction’’ (FRL No. 9907–59) received the Committee on Foreign Relations. Environmental Protection Agency, transmit- in the Office of the President of the Senate EC–5591. A communication from the Assist- ting, pursuant to law, the report of a rule en- on May 1, 2014; to the Committee on Agri- ant Secretary of the Army (Civil Works), titled ‘‘Approval and Promulgation of Imple- culture, Nutrition, and Forestry. transmitting, pursuant to law, the report of mentation Plans; California San Francisco EC–5581. A communication from the Direc- the Secretary of the Army’s recommenda- Bay Area and Chico Nonattainment Areas; tor of the Regulatory Management Division, tion to authorize the Willamette River Fine Particulate Matter Emissions Inven- Environmental Protection Agency, transmit- Floodplain Restoration Project, Lower Coast tories; Correction’’ (FRL No. 9909–16–Region ting, pursuant to law, the report of a rule en- Fork and the Middle Fork, Oregon; to the 9) received in the Office of the President of titled ‘‘Fenoxaprop-ethyl; Pesticide Toler- Committee on Environment and Public the Senate on May 1, 2014; to the Committee ances’’ (FRL No. 9909–72) received in the Of- Works. on Environment and Public Works.

VerDate Mar 15 2010 02:27 May 07, 2014 Jkt 039060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G06MY6.034 S06MYPT1 jbell on DSK7SPTVN1PROD with SENATE S2718 CONGRESSIONAL RECORD — SENATE May 6, 2014 EC–5600. A communication from the Direc- ERS, Mr. SCHATZ, Mr. UDALL of Colo- ADDITIONAL COSPONSORS tor of the Regulatory Management Division, rado, Mr. BEGICH, Mr. FRANKEN, Ms. S. 370 Environmental Protection Agency, transmit- STABENOW, Mr. CARDIN, Mr. MERKLEY, ting, pursuant to law, the report of a rule en- and Mr. MARKEY): At the request of Mr. COCHRAN, the titled ‘‘Identification of Nonattainment S. 2291. A bill to require that Peace Corps name of the Senator from Minnesota Classification and Deadlines for Submission volunteers be subject to the same limita- (Ms. KLOBUCHAR) was added as a co- of State Implementation Plan (SIP) Provi- tions regarding coverage of abortion services sponsor of S. 370, a bill to improve and sions for the 1997 Fine Particle (PM2.5) Na- as employees of the Peace Corps with respect expand geographic literacy among kin- tional Ambient Air Quality Standard to coverage of such services, and for other dergarten through grade 12 students in (NAAQS) and 2006 PM2.5 NAAQS’’ (FRL No. purposes; to the Committee on Foreign Rela- the United States by improving profes- 9909–93–OAR) received in the Office of the tions. sional development programs for kin- President of the Senate on May 1, 2014; to the By Ms. WARREN (for herself, Mrs. Committee on Environment and Public BOXER, Mrs. MURRAY, Mr. DURBIN, dergarten through grade 12 teachers of- Works. Mr. REED, Ms. LANDRIEU, Ms. STABE- fered through institutions of higher EC–5601. A communication from the Ad- NOW, Mr. BROWN, Mr. WHITEHOUSE, education. ministrator of the Environmental Protection Mr. UDALL of Colorado, Mr. UDALL of S. 375 Agency, transmitting, pursuant to law, a re- New Mexico, Mrs. SHAHEEN, Mr. At the request of Mr. TESTER, the port relative to the Agency’s Strategic Plan MERKLEY, Mr. BEGICH, Mrs. GILLI- name of the Senator from West Vir- for fiscal years 2014 through 2018; to the Com- BRAND, Mr. FRANKEN, Mr. ginia (Mr. MANCHIN) was added as a co- mittee on Environment and Public Works. BLUMENTHAL, Mr. SCHATZ, Ms. BALD- sponsor of S. 375, a bill to require Sen- EC–5602. A joint communication from the WIN, Mr. MURPHY, Ms. HIRONO, Ms. Director of National Intelligence and the HEITKAMP, Mr. MARKEY, Mr. BOOKER, ate candidates to file designations, Under Secretary of Defense for Intelligence, Mr. SANDERS, Mr. LEAHY, and Mr. statements, and reports in electronic transmitting, pursuant to law, a report rel- HEINRICH): form. ative to foreign counterspace programs; to S. 2292. A bill to amend the Higher Edu- S. 462 the Select Committee on Intelligence. cation Act of 1965 to provide for the refi- At the request of Mrs. BOXER, the EC–5603. A communication from the Prin- nancing of certain Federal student loans, name of the Senator from New Jersey cipal Deputy Assistant Attorney General, Of- and for other purposes; to the Committee on (Mr. MENENDEZ) was added as a cospon- fice of Legislative Affairs, Department of Finance. Justice, transmitting, pursuant to law, a re- By Ms. BALDWIN (for herself, Mr. sor of S. 462, a bill to enhance the stra- port entitled ‘‘Uniformed Services Employ- LEVIN, Mr. MARKEY, and Mr. tegic partnership between the United ment and Reemployment Rights Act of 1994 BLUMENTHAL): States and Israel. (USERRA) Quarterly Report to Congress; S. 2293. A bill to clarify the status of the S. 654 Second Quarter of Fiscal Year 2014’’; to the North Country, Ice Age, and New England At the request of Ms. LANDRIEU, the Committee on Veterans’ Affairs. National Scenic Trails as units of the Na- name of the Senator from Louisiana EC–5604. A communication from the Dep- tional Park System, and for other purposes; (Mr. VITTER) was added as a cosponsor uty Director, Centers for Medicare and Med- to the Committee on Energy and Natural Re- of S. 654, a bill to amend the Internal icaid Services, Department of Health and sources. Human Services, transmitting, pursuant to By Mr. KAINE (for himself and Mr. Revenue Code of 1986 to provide for col- law, the report of a rule entitled ‘‘Medicare CORNYN): legiate housing and infrastructure Program; Prospective Payment System for S. 2294. A bill to require a survey of the grants. Federally Qualified Health Centers; Changes preferences of members of the Armed Forces S. 933 to Contracting Policies for Rural Health regarding military pay and benefits; to the At the request of Mr. LEAHY, the Clinics; and Changes to Clinical Laboratory Committee on Armed Services. names of the Senator from Virginia Improvement Amendments of 1988 Enforce- By Mr. LEAHY (for himself, Mr. GRA- (Mr. KAINE), the Senator from Montana ment Actions for Proficiency Testing Refer- HAM, Ms. MIKULSKI, Mr. COCHRAN, Mr. (Mr. WALSH), the Senator from Mon- ral’’ ((RIN0938–AR62) (CMS–1443-FC)) re- TESTER, Mr. ALEXANDER, Mr. WYDEN, ceived in the Office of the President of the Mr. RISCH, Mr. COONS, Mr. JOHANNS, tana (Mr. TESTER), the Senator from Senate on May 1, 2014; to the Committee on Mr. WALSH, Mr. CRAPO, Mr. DON- New Jersey (Mr. MENENDEZ), the Sen- Finance. NELLY, Mr. LEE, Mr. MARKEY, Mr. ator from Ohio (Mr. BROWN) and the EC–5605. A communication from the Public ROBERTS, Mr. MANCHIN, Mr. GRASS- Senator from Pennsylvania (Mr. Printer, Government Printing Office, trans- LEY, and Mr. CARDIN): CASEY) were added as cosponsors of S. mitting, pursuant to law, the Office’s Annual S. 2295. A bill to establish the National 933, a bill to amend title I of the Omni- Report for fiscal year 2013; to the Committee Commission on the Future of the Army, and on Rules and Administration. bus Crime Control and Safe Streets Act for other purposes; to the Committee on of 1968 to extend the authorization of Armed Services. f the Bulletproof Vest Partnership Grant REPORTS OF COMMITTEES Program through fiscal year 2018. f At the request of Mr. SCHATZ, his The following reports of committees name was added as a cosponsor of S. were submitted: SUBMISSION OF CONCURRENT AND 933, supra. By Mr. CARPER, from the Committee on SENATE RESOLUTIONS S. 942 Homeland Security and Governmental Af- fairs, with an amendment in the nature of a The following concurrent resolutions At the request of Mr. CASEY, the substitute: and Senate resolutions were read, and name of the Senator from New Jersey S. 1611. A bill to require certain agencies to referred (or acted upon), as indicated: (Mr. BOOKER) was added as a cosponsor conduct assessments of data centers and de- By Ms. LANDRIEU (for herself, Mr. of S. 942, a bill to eliminate discrimina- velop data center consolidation and optimi- ALEXANDER, Mrs. FEINSTEIN, Mr. CAR- tion and promote women’s health and zation plans (Rept. No. 113–157). PER, Mr. DURBIN, Mr. MCCAIN, Mr. economic security by ensuring reason- f KIRK, Mr. BENNET, Mr. VITTER, Mr. able workplace accommodations for RUBIO, Mr. COONS, Mr. ISAKSON, Mr. workers whose ability to perform the INTRODUCTION OF BILLS AND BURR, Mr. CORNYN, Mr. GRAHAM, and functions of a job are limited by preg- JOINT RESOLUTIONS Mr. SCOTT): nancy, childbirth, or a related medical S. Res. 438. A resolution congratulating the The following bills and joint resolu- condition. tions were introduced, read the first students, parents, teachers, and administra- tors of charter schools across the United S. 1012 and second times by unanimous con- States for their ongoing contributions to At the request of Mr. BLUNT, the sent, and referred as indicated: education, and supporting the ideals and name of the Senator from North Da- By Mrs. SHAHEEN (for herself, Ms. goals of the 15th annual National Charter kota (Ms. HEITKAMP) was added as a co- COLLINS, Mrs. BOXER, Mrs. GILLI- Schools Week, to be held May 4 through May sponsor of S. 1012, a bill to amend title BRAND, Mr. MURPHY, Mrs. MURRAY, 10, 2014; considered and agreed to. XVIII of the Social Security Act to im- Ms. WARREN, Mr. TESTER, Mr. By Mr. BLUMENTHAL (for himself, prove operations of recovery auditors BLUMENTHAL, Mr. BROWN, Mr. COONS, Mr. ROCKEFELLER, Mr. THUNE, and Mr. WHITEHOUSE, Mr. DURBIN, Ms. Mr. BLUNT): under the Medicare integrity program, CANTWELL, Mrs. FEINSTEIN, Mr. HEIN- S. Res. 439. A resolution supporting the to increase transparency and accuracy RICH, Ms. HIRONO, Mr. JOHNSON of goals and ideals of National Safe Digging in audits conducted by contractors, South Dakota, Mr. LEAHY, Mr. SAND- Month; considered and agreed to. and for other purposes.

VerDate Mar 15 2010 02:27 May 07, 2014 Jkt 039060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\A06MY6.014 S06MYPT1 jbell on DSK7SPTVN1PROD with SENATE May 6, 2014 CONGRESSIONAL RECORD — SENATE S2719 S. 1143 (Mr. TESTER) was added as a cosponsor (Ms. KLOBUCHAR) was added as a co- At the request of Mr. MORAN, the of S. 1728, a bill to amend the Uni- sponsor of S. 2192, a bill to amend the name of the Senator from Montana formed and Overseas Citizens Absentee National Alzheimer’s Project Act to re- (Mr. WALSH) was added as a cosponsor Voting Act to improve ballot accessi- quire the Director of the National In- of S. 1143, a bill to amend title XVIII of bility to uniformed services voters and stitutes of Health to prepare and sub- the Social Security Act with respect to overseas voters, and for other purposes. mit, directly to the President for re- physician supervision of therapeutic S. 1862 view and transmittal to Congress, an hospital outpatient services. At the request of Mr. BLUNT, the annual budget estimate (including an S. 1174 names of the Senator from New York estimate of the number and type of At the request of Mr. BLUMENTHAL, (Mrs. GILLIBRAND), the Senator from personnel needs for the Institutes) for the names of the Senator from Maine Minnesota (Ms. KLOBUCHAR), the Sen- the initiatives of the National Insti- (Mr. KING), the Senator from Delaware ator from North Carolina (Mrs. HAGAN) tutes of Health pursuant to such an (Mr. CARPER) and the Senator from and the Senator from New Hampshire Act. Iowa (Mr. GRASSLEY) were added as co- (Mrs. SHAHEEN) were added as cospon- S. 2208 sponsors of S. 1174, a bill to award a sors of S. 1862, a bill to grant the Con- At the request of Mr. KIRK, the name Congressional Gold Medal to the 65th gressional Gold Medal, collectively, to of the Senator from North Dakota (Ms. Infantry Regiment, known as the the Monuments Men, in recognition of HEITKAMP) was added as a cosponsor of Borinqueneers. their heroic role in the preservation, S. 2208, a bill to allow the Secretary of S. 1188 protection, and restitution of monu- the Treasury to rely on State examina- At the request of Ms. COLLINS, the ments, works of art, and artifacts of tions for certain financial institutions, name of the Senator from Idaho (Mr. cultural importance during and fol- and for other purposes. CRAPO) was added as a cosponsor of S. lowing World War II. S. 2231 1188, a bill to amend the Internal Rev- S. 2004 At the request of Mr. ROCKEFELLER, enue Code of 1986 to modify the defini- At the request of Mr. BEGICH, the the name of the Senator from Virginia tion of full-time employee for purposes names of the Senator from New Jersey (Mr. WARNER) was added as a cosponsor of the individual mandate in the Pa- (Mr. BOOKER), the Senator from Min- of S. 2231, a bill to amend title 10, tient Protection and Affordable Care nesota (Mr. FRANKEN) and the Senator United States Code, to provide an indi- Act. from Iowa (Mr. HARKIN) were added as vidual with a mental health assess- S. 1239 cosponsors of S. 2004, a bill to ensure ment before the individual enlists in the Armed Forces or is commissioned At the request of Mrs. GILLIBRAND, the safety of all users of the transpor- the name of the Senator from New tation system, including pedestrians, as an officer in the Armed Forces, and for other purposes. York (Mr. SCHUMER) was added as a co- bicyclists, transit users, children, older sponsor of S. 1239, a bill to expand the individuals, and individuals with dis- S. 2270 research and awareness activities of abilities, as they travel on and across At the request of Ms. COLLINS, the the National Institute of Arthritis and federally funded streets and highways. names of the Senator from New Jersey (Mr. BOOKER) and the Senator from Musculoskeletal and Skin Diseases and S. 2013 Ohio (Mr. PORTMAN) were added as co- the Centers for Disease Control and At the request of Mr. RUBIO, the sponsors of S. 2270, a bill to clarify the Prevention with respect to name of the Senator from Oklahoma application of certain leverage and scleroderma, and for other purposes. (Mr. INHOFE) was added as a cosponsor risk-based requirements under the S. 1406 of S. 2013, a bill to amend title 38, Dodd-Frank Wall Street Reform and At the request of Ms. AYOTTE, the United States Code, to provide for the Consumer Protection Act. name of the Senator from New York removal of Senior Executive Service S. 2277 (Mr. SCHUMER) was added as a cospon- employees of the Department of Vet- At the request of Mr. CORKER, the sor of S. 1406, a bill to amend the Horse erans Affairs for performance, and for names of the Senator from Georgia Protection Act to designate additional other purposes. (Mr. CHAMBLISS), the Senator from unlawful acts under the Act, strength- S. 2037 Pennsylvania (Mr. TOOMEY), the Sen- en penalties for violations of the Act, At the request of Mr. ROBERTS, the ator from Wyoming (Mr. ENZI) and the improve Department of Agriculture en- name of the Senator from Montana Senator from Louisiana (Mr. VITTER) forcement of the Act, and for other (Mr. WALSH) was added as a cosponsor were added as cosponsors of S. 2277, a purposes. of S. 2037, a bill to amend title XVIII of bill to prevent further Russian aggres- S. 1622 the Social Security Act to remove the sion toward Ukraine and other sov- At the request of Ms. HEITKAMP, the 96-hour physician certification require- ereign states in Europe and Eurasia, name of the Senator from Rhode Island ment for inpatient critical access hos- and for other purposes. (Mr. WHITEHOUSE) was added as a co- pital services. S.J. RES. 19 sponsor of S. 1622, a bill to establish S. 2154 At the request of Mr. UDALL of New the Alyce Spotted Bear and Walter At the request of Mr. CASEY, the Mexico, the name of the Senator from Soboleff Commission on Native Chil- name of the Senator from Ohio (Mr. Vermont (Mr. SANDERS) was added as a dren, and for other purposes. BROWN) was added as a cosponsor of S. cosponsor of S.J. Res. 19, a joint resolu- S. 1645 2154, a bill to amend the Public Health tion proposing an amendment to the At the request of Mr. BROWN, the Service Act to reauthorize the Emer- Constitution of the United States re- names of the Senator from Michigan gency Medical Services for Children lating to contributions and expendi- (Ms. STABENOW) and the Senator from Program. tures intended to affect elections. Minnesota (Ms. KLOBUCHAR) were added S. 2177 S. RES. 225 as cosponsors of S. 1645, a bill to limit At the request of Mr. LEAHY, the At the request of Mr. CRUZ, the name the authority of States to tax certain name of the Senator from Connecticut of the Senator from Florida (Mr. income of employees for employment (Mr. BLUMENTHAL) was added as a co- RUBIO) was added as a cosponsor of S. duties performed in other States. sponsor of S. 2177, a bill to establish an Res. 225, a resolution to express the S. 1697 Office of Forensic Science and a Foren- sense of the Senate that Congress At the request of Mr. HARKIN, the sic Science Board, to strengthen and should establish a joint select com- name of the Senator from Massachu- promote confidence in the criminal jus- mittee to investigate and report on the setts (Mr. MARKEY) was added as a co- tice system by ensuring scientific va- attack on the United States diplomatic sponsor of S. 1697, a bill to support lidity, reliability, and accuracy in fo- facility and American personnel in early learning. rensic testing, and for other purposes. Benghazi, Libya, on September 11, 2012. S. 1728 S. 2192 S. RES. 353 At the request of Mr. CORNYN, the At the request of Mr. MARKEY, the At the request of Mr. MARKEY, the name of the Senator from Montana name of the Senator from Minnesota name of the Senator from Ohio (Mr.

VerDate Mar 15 2010 02:27 May 07, 2014 Jkt 039060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\A06MY6.017 S06MYPT1 jbell on DSK7SPTVN1PROD with SENATE S2720 CONGRESSIONAL RECORD — SENATE May 6, 2014 BROWN) was added as a cosponsor of S. Mr. MERKLEY, Mr. BEGICH, Mrs. fers to new borrowers today; that is, Res. 353, a resolution designating Sep- GILLIBRAND, Mr. FRANKEN, Mr. 3.86 percent for undergraduate loans, tember 2014 as ‘‘National Brain Aneu- BLUMENTHAL, Mr. SCHATZ, Ms. 5.41 percent for graduate loans, and 6.41 rysm Awareness Month’’. BALDWIN, Mr. MURPHY, Ms. percent for PLUS loans. I want to be S. RES. 364 HIRONO, Ms. HEITKAMP, Mr. clear—those rates are still higher than At the request of Mr. INHOFE, the MARKEY, Mr. BOOKER, Mr. what it costs the government to run its name of the Senator from South Da- SANDERS, Mr. LEAHY, and Mr. student loan program. Our work will not be done until we have eliminated kota (Mr. THUNE) was added as a co- HEINRICH): sponsor of S. Res. 364, a resolution ex- S. 2292. A bill to amend the Higher all of the profits from the student loan pressing support for the internal re- Education Act of 1965 to provide for the program, but this legislation is an im- building, resettlement, and reconcili- refinancing of certain Federal student portant step in that direction. loans, and for other purposes; to the Forty million borrowers in this coun- ation within Sri Lanka that are nec- try have student loan debt, and many essary to ensure a lasting peace. Committee on Finance. Ms. WARREN. Mr. President, I come of those individuals could save hun- S. RES. 421 to the floor today to announce the in- dreds or even thousands of dollars a At the request of Mr. CHAMBLISS, his troduction of emergency legislation to year with this bill. They need this help name was added as a cosponsor of S. provide relief to students and young now. Res. 421, a resolution expressing the graduates who are drowning in debt. Last year nearly every Republican in gratitude and appreciation of the Sen- Make no mistake. This is an emer- Congress—in the House and in the Sen- ate for the acts of heroism and mili- gency. Student loan debt is exploding, ate—voted for the exact same loan tary achievement by the members of and it threatens the stability of our rates that are in this legislation. Re- the United States Armed Forces who young people and the future of our publican leaders, such as Speaker of participated in the June 6, 1944, am- economy. the House JOHN BOEHNER, embraced phibious landing at Normandy, France, Outstanding student loan debt now 3.86 percent for new undergraduate bor- and commending them for leadership totals $1.2 trillion, and each year stu- rowers as ‘‘consistent’’ with Repub- and valor in an operation that helped dents are taking on more and more lican policy proposals. OK, it may not bring an end to World War II. debt. In 2012 an astonishing 71 percent be my preferred rate, but if Repub- At the request of Mr. MORAN, his of college seniors owed student loans. licans believe that 3.86 percent is good name was added as a cosponsor of S. From 2004 to 2012 the average student enough for new undergraduate bor- Res. 421, supra. loan balance increased by 70 percent. rowers, then it should be good enough S. RES. 433 Millions of young people are struggling for existing undergraduate borrowers At the request of Ms. LANDRIEU, the to keep up with student loan pay- who also worked hard to get an edu- cation and need to refinance their names of the Senator from Florida (Mr. ments. RUBIO), the Senator from Georgia (Mr. The economic impact is real. Federal loans. Let’s bring down this rate for all ISAKSON), the Senator from Ohio (Mr. watchdog agencies such as the Federal our kids because there is no reason on Earth to say that some kids can get a BROWN), the Senator from Connecticut Reserve, the Treasury, and the Con- better deal when they all worked hard (Mr. BLUMENTHAL), the Senator from sumer Protection Bureau are all sound- to do exactly what we wanted them to Minnesota (Ms. KLOBUCHAR), the Sen- ing the alarm. Every day this explod- do—get an education. ator from Massachusetts (Mr. MAR- ing debt stops more and more young This legislation won’t add a single KEY), the Senator from New Hampshire people from moving out of their par- dime to our deficit. The Bank on Stu- (Mrs. SHAHEEN), the Senator from ents’ homes, from saving for a down- dents legislation adopts the Buffett Maryland (Mr. CARDIN), the Senator payment, from buying a home, from rule, which limits tax loopholes for from Ohio (Mr. PORTMAN), the Senator buying cars, from starting small busi- millionaires and billionaires, and it re- from Washington (Mrs. MURRAY), the nesses, from saving for retirement, quires that every dollar we bring in as Senator from Michigan (Ms. STABE- from making the purchases that keep a result of that change go directly to NOW), the Senator from Illinois (Mr. this economy moving forward. supporting lower interest rates on ex- KIRK), the Senator from Texas (Mr. It doesn’t have to be this way. Con- isting student loans. It is simple: In- CORNYN), the Senator from Maryland gress set interest rates on student vest in billionaires or invest in stu- (Ms. MIKULSKI), the Senator from loans at artificially high rates that dents. Maine (Ms. COLLINS), the Senator from generate extra money for the govern- Refinancing won’t fix everything Pennsylvania (Mr. CASEY), the Senator ment. The GAO recently projected that that is broken in our higher education from Hawaii (Ms. HIRONO), the Senator the government will bring in $66 billion system. We need to bring down the cost from Connecticut (Mr. MURPHY) and just on the slice of student loans from of college and we need more account- the Senator from Wyoming (Mr. BAR- 2007 to 2012. Those are the kinds of ability for how schools spend Federal RASSO) were added as cosponsors of S. profits that would make a Fortune 500 dollars. Many of my Democratic col- Res. 433, a resolution condemning the CEO proud. leagues have introduced or are intro- abduction of female students by armed We should cut those interest rates ducing legislation aimed at lowering militants from the Government Girls and we should cut those government the overall cost of college, and I sup- Secondary School in the northeastern profits. We should give our young peo- port those efforts. province of Borno in the Federal Re- ple a break and boost our economy. The need for comprehensive reform public of Nigeria. This morning two dozens Senators must not blind us to the urgency of ad- At the request of Mr. UDALL of Colo- joined to introduce the Bank on Stu- dressing the massive debt that is al- rado, his name was added as a cospon- dents Emergency Loan Refinancing ready crushing young people. This is a sor of S. Res. 433, supra. Act which will do just that. The idea is question of economics, but it is also a At the request of Mrs. GILLIBRAND, simple. With interest rates near his- question of values. These young people her name was added as a cosponsor of toric lows, homeowners, businesses, are saddled with student loan debt not S. Res. 433, supra. and even local governments have refi- because they went to the mall and ran f nanced their debts, but many people up charges on a credit card. They who took out student loans before July worked hard and learned new skills STATEMENTS ON INTRODUCED 1 of last year are locked into a rate of that would benefit the country and BILLS AND JOINT RESOLUTIONS nearly 7 percent. Older loans run 8 per- help us build a stronger America. They By Ms. WARREN (for herself, cent, 9 percent, and even higher. We deserve a fair shot at an affordable edu- Mrs. BOXER, Mrs. MURRAY, Mr. need to bring those rates down, and we cation. DURBIN, Mr. REED, Ms. LAN- need to do it now. This is personal for me. I was the DRIEU, Ms. STABENOW, Mr. Bank on Students would give student first person in my family to graduate BROWN, Mr. WHITEHOUSE, Mr. loan borrowers the opportunity to from college. I went to a commuter UDALL of Colorado, Mr. UDALL lower their interest rates on old loans college where the tuition was $50 a se- of New Mexico, Mrs. SHAHEEN, to match the rates the government of- mester, and it opened a million doors

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Congress have the best possible under- et seq.), to ensure that such charter schools I believe in an America that puts stu- are of high quality and truly accountable to standing of how cost-saving proposals the public; dents ahead of billionaires, an America would impact our servicemembers and Whereas 42 States and the District of Co- that puts education within reach of their families, allowing them to make lumbia have enacted laws authorizing char- every kid who works hard, an America decisions with evidence-based analysis. ter schools; that will give every kid a fair shot at This bill gives servicemembers a Whereas more than 6,400 charter schools building a future. voice in the process, and will assure serve more than 2,500,000 children; that reforms will take a scientific Whereas in the United States— By Mr. KAINE (for himself and (1) in 135 school districts, more than 10 per- study into account. We must balance cent of public school students are enrolled in Mr. CORNYN): the competing needs to control rising charter schools; S. 2294. A bill to require a survey of costs with ensuring we meet the needs (2) in 32 school districts, at least 20 percent the preferences of members of the of military personnel and their fami- of public school students are enrolled in Armed Forces regarding military pay lies. charter schools; and and benefits; to the Committee on (3) in 7 districts, at least 30 percent of pub- f Armed Services. lic school students are enrolled in charter Mr. KAINE. Mr. President, today I SUBMITTED RESOLUTIONS schools; Whereas charter schools improve the am introducing, with Senator CORNYN, achievement of students enrolled in such the Servicemembers’ Compensation SENATE RESOLUTION 438—CON- charter schools and collaborate with tradi- Empowerment Act of 2014. This bipar- tional public schools to improve public edu- tisan legislation will direct the Depart- GRATULATING THE STUDENTS, cation for all students; ment of Defense’s (DoD) Military Re- PARENTS, TEACHERS, AND AD- Whereas charter schools— tirement and Modernization Commis- MINISTRATORS OF CHARTER (1) give parents the freedom to choose pub- sion to formally survey military per- SCHOOLS ACROSS THE UNITED lic schools; STATES FOR THEIR ONGOING (2) routinely measure parental satisfaction sonnel on pay and benefits, and to take levels; and relative preferences into account as CONTRIBUTIONS TO EDUCATION, (3) must prove their ongoing success to the Commission prepares its rec- AND SUPPORTING THE IDEALS parents, policymakers, and the communities ommendations. AND GOALS OF THE 15TH AN- served by such charter schools; Virginia is more connected to the NUAL NATIONAL CHARTER Whereas approximately 920,000 students military than any other State. As I SCHOOLS WEEK, TO BE HELD were on waiting lists to attend charter MAY 4 THROUGH MAY 10, 2014 schools before the beginning of the 2012–2013 have traveled throughout the Common- academic year; and wealth, I have had the opportunity to Ms. LANDRIEU (for herself, Mr. Whereas the 15th annual National Charter meet and discuss military benefits with ALEXANDER, Mrs. FEINSTEIN, Mr. CAR- Schools Week is scheduled to be celebrated servicemembers, veterans, and their PER, Mr. DURBIN, Mr. MCCAIN, Mr. the week of May 4 through May 10, 2014: Now, families. The overriding concern on the KIRK, Mr. BENNET, Mr. VITTER, Mr. therefore, be it Resolved, That the Senate— part of our military and their families RUBIO, Mr. COONS, Mr. ISAKSON, Mr. is sequestration. It has forced the mili- (1) congratulates the students, families, BURR, Mr. CORNYN, Mr. GRAHAM, and teachers, and administrators of charter tary to allow the budget to drive strat- Mr. SCOTT) submitted the following schools across the United States for— egy, rather than strategy to drive our resolution; which was considered and (A) their ongoing contributions to edu- budget. As a member of both the Sen- agreed to.: cation; ate Armed Services and Budget Com- S. RES. 438 (B) their impressive strides in closing the mittees, I firmly believe that all budg- Whereas charter schools are public schools academic achievement gap in schools in the et proposals should be considered care- that do not charge tuition and enroll any United States, particularly schools with fully in light of the need for deficit re- student who wants to attend a charter some of the most disadvantaged students in daction, the need to maintain a strong school, often through a random lottery when both rural and urban communities; and (C) improving and strengthening the public military, and the responsibility we too many students want to attend a single charter school; school system in the United States; have to support our servicemembers (2) supports the ideals and goals of the 15th with resources to complete their mis- Whereas high-performing charter schools deliver a high-quality public education and annual National Charter Schools Week, a sion. challenge all students to reach their poten- week-long celebration to be held the week of The Military Compensation and Re- tial for academic success; May 4 through May 10, 2014, in communities tirement Modernization Commission Whereas charter schools promote innova- throughout the United States; and was established by the fiscal year 2013 tion and excellence in public education; (3) encourages the people of the United National Defense Authorization Act, to Whereas charter schools throughout the States to hold appropriate programs, cere- monies, and activities during National Char- conduct a review of military compensa- United States provide millions of families with diverse and innovative educational op- ter Schools Week to demonstrate support for tion and retirement systems and to charter schools. make recommendations to enable the tions for their children; f quality of life of our military and their Whereas high-performing charter schools are dramatically increasing student achieve- SENATE RESOLUTION 439—SUP- families and achieve fiscal sustain- ment and college-going rates; ability for the future. As of now, no of- Whereas charter schools are authorized by PORTING THE GOALS AND ficial study has been conducted by the a designated public entity and— IDEALS OF NATIONAL SAFE Commission to determine the relative (1) respond to the needs of communities, DIGGING MONTH value of compensation and benefit pro- families, and students in the United States; Mr. BLUMENTHAL (for himself, Mr. grams to the military personnel who and ROCKEFELLER, Mr. THUNE, and Mr. (2) promote the principles of quality, ac- depend on them. Under my legislation, BLUNT) submitted the following resolu- the Commission would be required to countability, choice, and innovation; tion; which was considered and agreed Whereas in exchange for flexibility and au- survey randomly selected members of tonomy, charter schools are held account- to: the military concerning basic pay, able by the public authorizers of such char- S. RES. 439 housing allowances, bonuses and spe- ter schools for improving student achieve- Whereas each year, the underground util- cial pay, dependent healthcare and re- ment and for sound financial and operational ity infrastructure of the United States, in- tirement pay and report its results to management; cluding pipelines, electric, gas, tele- Congress. Whereas charter schools are required to communications, water, sewer, and cable tel- Servicemembers deserve to have meet the student achievement account- evision lines, is jeopardized by unintentional their voices heard as changes to the ability requirements under the Elementary damage caused by those who fail to have un- and Secondary Education Act of 1965 (20 derground lines located prior to digging; pay and benefits packages they depend U.S.C. 6301 et seq.) in the same manner as Whereas some utility lines are buried only on most are considered. By formally traditional public schools; a few inches underground, making the lines surveying military personnel on the Whereas charter schools often set higher easy to strike, even during shallow digging benefits they value most, we can en- expectations for students, beyond the re- projects;

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Whereas digging prior to locating under- Mr. BEGICH, Mr. PORTMAN, Mr. PRYOR, Mr. SA 3008. Mr. BARRASSO (for himself, Mr. ground utility lines often results in unin- JOHNSON of Wisconsin, Ms. HEITKAMP, Mr. VITTER, Mr. SESSIONS, Mr. CRAPO, Mr. tended consequences, such as service inter- WICKER, Mr. WARNER, Mr. CRAPO, Mr. DON- INHOFE, Mrs. FISCHER, Mr. WICKER, Mr. ruption, environmental damage, personal in- NELLY, Mr. THUNE, Mr. WALSH, Mr. JOHANNS, JOHANNS, Mr. TOOMEY, Mr. ENZI, Mr. RISCH, jury, and even death; Mr. MANCHIN, Mr. BLUNT, Mrs. MCCASKILL, Mr. RUBIO, Mr. MORAN, Mr. ROBERTS, Mr. Whereas the month of April marks the be- Mr. ALEXANDER, Mr. TESTER, Mr. INHOFE, FLAKE, Mr. MCCAIN, Mr. COCHRAN, and Mr. ginning of the peak period during which ex- Mrs. HAGAN, Mr. FLAKE, Mr. ROBERTS, Mr. CORNYN) submitted an amendment intended cavation projects are carried out around the CHAMBLISS, Mr. ENZI, Mr. TOOMEY, Mr. LEE, to be proposed by him to the bill S. 2262, United States; Mr. SESSIONS, Mr. SCOTT, Mr. COATS, Mr. supra; which was ordered to lie on the table. Whereas in 2002, Congress required the De- CORNYN, Mr. KIRK, Mr. ISAKSON, Mr. GRASS- SA 3009. Mr. UDALL, of New Mexico (for partment of Transportation and the Federal LEY, Mr. RUBIO, Mrs. FISCHER, Mr. COBURN, himself and Mr. UDALL of Colorado) sub- Communications Commission to establish a Mr. MCCAIN, Mr. CORKER, Mr. HATCH, Mr. mitted an amendment intended to be pro- 3-digit, nationwide, toll-free number to be COCHRAN, Mr. BARRASSO, Mr. VITTER, Mr. posed by him to the bill S. 2262, supra; which used by State ‘‘One Call’’ systems to provide RISCH, Mr. BOOZMAN, Mr. BURR, Mr. GRAHAM, was ordered to lie on the table. information on underground utility lines; Mr. HELLER, Mr. PAUL, Mr. MORAN, Mr. f Whereas in 2005, the Federal Communica- CRUZ, Mr. SHELBY, Ms. AYOTTE, and Ms. COL- tions Commission designated ‘‘811’’ as the LINS) submitted an amendment intended to TEXT OF AMENDMENTS nationwide ‘‘One Call’’ number for home- be proposed by him to the bill S. 2262, supra; SA 2985. Mr. LEE submitted an owners and excavators to use to obtain infor- which was ordered to lie on the table. amendment intended to be proposed by mation on underground utility lines before SA 2992. Mr. TESTER (for himself and Mr. him to the bill S. 2262, to promote en- conducting excavation activities; HELLER) submitted an amendment intended Whereas ‘‘One Call’’ has helped reduce the to be proposed by him to the bill S. 2262, ergy savings in residential buildings number of digging damages caused by failure supra; which was ordered to lie on the table. and industry, and for other purposes; to call before digging from 48 percent in 2004 SA 2993. Mrs. GILLIBRAND submitted an which was ordered to lie on the table; to 25 percent in 2012; amendment intended to be proposed by her as follows: Whereas the 1,600 members of the Common to the bill S. 2262, supra; which was ordered At the appropriate place, insert the fol- Ground Alliance, who are dedicated to ensur- to lie on the table. lowing: ing public safety, environmental protection, SA 2994. Mr. KING submitted an amend- TITLE VI—ENERGY FREEDOM AND and the integrity of services, promote the ment intended to be proposed by him to the ECONOMIC PROSPERITY ACT OF 2014 national ‘‘Call Before You Dig’’ campaign to bill S. 2262, supra; which was ordered to lie increase public awareness about the impor- on the table. Subtitle A—Short Title; etc. tance of homeowners and excavators calling SA 2995. Mr. COONS (for himself, Ms. COL- SEC. 601. SHORT TITLE; REFERENCE TO 1986 811 to find out the exact location of under- LINS, and Mr. REED) submitted an amend- CODE. ground lines; ment intended to be proposed by him to the (a) SHORT TITLE.—This title may be cited Whereas the Pipeline Safety, Regulatory bill S. 2262, supra; which was ordered to lie as the ‘‘Energy Freedom and Economic Pros- Certainty, and Job Creation Act of 2011 af- on the table. perity Act of 2014’’. firmed and expanded the ‘‘One Call’’ program SA 2996. Mr. THUNE submitted an amend- (b) REFERENCE TO 1986 CODE.—Except as by eliminating exemptions given to local and ment intended to be proposed by him to the otherwise expressly provided, whenever in State government agencies and their con- bill S. 2262, supra; which was ordered to lie this title an amendment or repeal is ex- tractors on notifying ‘‘One Call’’ centers be- on the table. pressed in terms of an amendment to, or re- fore digging; and SA 2997. Mr. THUNE submitted an amend- peal of, a section or other provision, the ref- Whereas the Common Ground Alliance has ment intended to be proposed by him to the erence shall be considered to be made to a designated April as ‘‘National Safe Digging bill S. 2262, supra; which was ordered to lie section or other provision of the Internal Month’’ to increase awareness of safe digging on the table. Revenue Code of 1986. SA 2998. Mr. THUNE submitted an amend- practices across the United States and to Subtitle B—Repeal of Energy Tax Subsidies celebrate the anniversary of 811, the national ment intended to be proposed by him to the bill S. 2262, supra; which was ordered to lie SEC. 611. EARLY TERMINATION OF CREDIT FOR ‘‘Call Before You Dig’’ number: Now, there- QUALIFIED FUEL CELL MOTOR VE- fore, be it on the table. SA 2999. Mr. THUNE submitted an amend- HICLES. Resolved, That the Senate— (a) IN GENERAL.—Section 30B is repealed. (1) supports the goals and ideals of Na- ment intended to be proposed by him to the bill S. 2262, supra; which was ordered to lie (b) CONFORMING AMENDMENTS.— tional Safe Digging Month; and (1) Subparagraph (A) of section 24(b)(3) is (2) encourages all homeowners and exca- on the table. SA 3000. Mr. THUNE submitted an amend- amended by striking ‘‘, 30B’’. vators throughout the United States to call (2) Paragraph (2) of section 25B(g) is 811 before digging. ment intended to be proposed by him to the bill S. 2262, supra; which was ordered to lie amended by striking ‘‘, 30B,’’. f on the table. (3) Subsection (b) of section 38 is amended SA 3001. Mr. THUNE submitted an amend- by striking paragraph (25). AMENDMENTS SUBMITTED AND (4) Subsection (a) of section 1016 is amend- PROPOSED ment intended to be proposed by him to the bill S. 2262, supra; which was ordered to lie ed by striking paragraph (35) and by redesig- SA 2985. Mr. LEE submitted an amendment on the table. nating paragraphs (36) and (37) as paragraphs intended to be proposed by him to the bill S. SA 3002. Mr. THUNE (for himself, Mr. VIT- (35) and (36), respectively. 2262, to promote energy savings in residen- TER, and Mr. SESSIONS) submitted an amend- (5) Subsection (m) of section 6501 is amend- tial buildings and industry, and for other ment intended to be proposed by him to the ed by striking ‘‘, 30B(h)(9)’’. purposes; which was ordered to lie on the bill S. 2262, supra; which was ordered to lie (c) CLERICAL AMENDMENT.—The table of table. on the table. sections for subpart B of part IV of sub- SA 2986. Mr. BLUNT (for himself and Mr. SA 3003. Mr. COBURN (for himself and Mr. chapter A of chapter 1 is amended by strik- TOOMEY) submitted an amendment intended JOHNSON of Wisconsin) submitted an amend- ing the item relating to section 30B. to be proposed by him to the bill S. 2262, ment intended to be proposed by him to the (d) EFFECTIVE DATE.—The amendments supra; which was ordered to lie on the table. bill S. 2262, supra; which was ordered to lie made by this section shall apply to property SA 2987. Mr. HELLER submitted an on the table. placed in service after December 31, 2014. amendment intended to be proposed by him SA 3004. Mr. COBURN submitted an SEC. 612. EARLY TERMINATION OF NEW QUALI- to the bill S. 2262, supra; which was ordered amendment intended to be proposed by him FIED PLUG-IN ELECTRIC DRIVE to lie on the table. to the bill S. 2262, supra; which was ordered MOTOR VEHICLES. SA 2988. Mr. BEGICH submitted an amend- to lie on the table. (a) IN GENERAL.—Section 30D is repealed. ment intended to be proposed by him to the SA 3005. Mr. COBURN (for himself and Mr. (b) EFFECTIVE DATE.—The amendment bill S. 2262, supra; which was ordered to lie JOHNSON of Wisconsin) submitted an amend- made by this section shall apply to vehicles on the table. ment intended to be proposed by him to the placed in service after the date of the enact- SA 2989. Mr. UDALL of New Mexico (for bill S. 2262, supra; which was ordered to lie ment of this Act. himself and Mr. CHAMBLISS) submitted an on the table. SEC. 613. REPEAL OF CREDIT FOR ALCOHOL amendment intended to be proposed by him SA 3006. Mr. COBURN (for himself and Mr. USED AS FUEL. to the bill S. 2262, supra; which was ordered JOHNSON of Wisconsin) submitted an amend- (a) IN GENERAL.—Section 40 is repealed. to lie on the table. ment intended to be proposed by him to the (b) CONFORMING AMENDMENTS.— SA 2990. Mr. BARRASSO submitted an bill S. 2262, supra; which was ordered to lie (1) Subsection (b) of section 38 is amended amendment intended to be proposed by him on the table. by striking paragraph (3). to the bill S. 2262, supra; which was ordered SA 3007. Mr. COBURN submitted an (2) Subsection (c) of section 196 is amended to lie on the table. amendment intended to be proposed by him by striking paragraph (3) and by redesig- SA 2991. Mr. HOEVEN (for himself, Ms. to the bill S. 2262, supra; which was ordered nating paragraphs (4) through (14) as para- LANDRIEU, Mr. MCCONNELL, Ms. MURKOWSKI, to lie on the table. graphs (3) through (13), respectively.

VerDate Mar 15 2010 03:12 May 07, 2014 Jkt 039060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A06MY6.025 S06MYPT1 jbell on DSK7SPTVN1PROD with SENATE May 6, 2014 CONGRESSIONAL RECORD — SENATE S2723 (3) Paragraph (1) of section 4101(a) is SEC. 620. REPEAL OF QUALIFYING GASIFICATION chosen and sworn, shall be required to sus- amended by striking ‘‘, and every person pro- PROJECT CREDIT. tain an appeal of the ruling of the Chair on ducing cellulosic biofuel (as defined in sec- (a) IN GENERAL.—Section 48B is repealed. a point of order raised under subsection (a). tion 40(b)(6)(E))’’. (b) CONFORMING AMENDMENT.—Section 46, (4) Paragraph (1) of section 4104(a) is as amended by this Act, is amended by strik- SA 2987. Mr. HELLER submitted an amended by striking ‘‘, 40’’. ing paragraph (3) and by redesignating para- amendment intended to be proposed by (c) EFFECTIVE DATE.—The amendments graphs (4) and (5) as paragraphs (3) and (4), respectively. him to the bill S. 2262, to promote en- made by this section shall apply to fuel sold ergy savings in residential buildings or used after the date of the enactment of (c) CLERICAL AMENDMENT.—The table of this Act. sections for subpart E of part IV of sub- and industry, and for other purposes; SEC. 614. REPEAL OF ENHANCED OIL RECOVERY chapter A of chapter 1 is amended by strik- which was ordered to lie on the table; CREDIT. ing the item relating to section 48B. as follows: (a) IN GENERAL.—Section 43 is repealed. (d) EFFECTIVE DATE.—The amendments At the end of title IV, add the following: (b) CONFORMING AMENDMENTS.— made by this section shall apply to property Subtitle F—Energy Consumers Relief (1) Subsection (b) of section 38 is amended placed in service after December 31, 2014. by striking paragraph (6). SEC. 621. REPEAL OF QUALIFYING ADVANCED EN- SEC. 451. SHORT TITLE. (2) Paragraph (4) of section 45Q(d) is ERGY PROJECT CREDIT. This subtitle may be cited as the ‘‘Energy amended by inserting ‘‘(as in effect on the (a) IN GENERAL.—Section 48C is repealed. Consumers Relief Act of 2014’’ day before the date of the enactment of the (b) CONFORMING AMENDMENT.—Section 46, SEC. 452. DEFINITIONS. Energy Freedom and Economic Prosperity as amended by this Act, is amended by strik- In this subtitle: Act of 2014)’’ after ‘‘section 43(c)(2)’’. ing paragraph (3) and by redesignating para- (1) ADMINISTRATOR.—The term ‘‘Adminis- (3) Subsection (c) of section 196, as amend- graph (4) as paragraph (3). trator’’ means the Administrator of the En- ed by sections 105 and 106 of this Act, is (c) CLERICAL AMENDMENT.—The table of vironmental Protection Agency. sections for subpart E of part IV of sub- amended by striking paragraph (5) and by re- (2) COVERED ENERGY-RELATED RULE.—The designating paragraphs (6) through (12) as chapter A of chapter 1 is amended by strik- term ‘‘covered energy-related rule’’ means a paragraphs (5) through (11), respectively. ing the item relating to section 48C. rule of the Environmental Protection Agen- (c) CLERICAL AMENDMENT.—The table of (d) EFFECTIVE DATE.—The amendments cy that— sections for subpart D of part IV of sub- made by this section shall apply to property (A) regulates any aspect of the production, chapter A of chapter 1 is amended by strik- placed in service after December 31, 2014. supply, distribution, or use of energy or pro- ing the item relating to section 43. Subtitle C—Reduction of Corporate Income vides for that regulation by States or other (d) EFFECTIVE DATE.—The amendments Tax Rate governmental entities; and made by this section shall apply to costs SEC. 631. CORPORATE INCOME TAX RATE RE- (B) is estimated by the Administrator or paid or incurred after December 31, 2014. DUCED. the Director of the Office of Management SEC. 615. REPEAL OF CREDIT FOR PRODUCING (a) IN GENERAL.—Not later than 1 year and Budget to impose direct costs and indi- OIL AND GAS FROM MARGINAL after the date of the enactment of this Act, rect costs, in the aggregate, of more than WELLS. the Secretary of the Treasury shall pre- $1,000,000,000. (a) IN GENERAL.—Section 45I is repealed. scribe, in lieu of the rates of tax under para- (3) DIRECT COSTS.—The term ‘‘direct costs’’ (b) CONFORMING AMENDMENT.—Subsection graphs (1) and (2) of section 11(b), section has the meaning given the term in chapter 8 (b) of section 38 is amended by striking para- 1201(a), and paragraphs (1), (2), and (6) of sec- of the document of the Environmental Pro- graph (19). tion 1445(e) of the Internal Revenue Code of tection Agency entitled ‘‘Guidelines for Pre- (c) CLERICAL AMENDMENT.—The table of 1986, such rates of tax as the Secretary esti- paring Economic Analyses’’ and dated De- sections for subpart D of part IV of sub- mates would result in— cember 17, 2010. chapter A of chapter 1 is amended by strik- (1) a decrease in revenue to the Treasury (4) INDIRECT COSTS.—The term ‘‘indirect ing the item relating to section 45I. for taxable years beginning during the 10- costs’’ has the meaning given the term in (d) EFFECTIVE DATE.—The amendments year period beginning on the date of the en- chapter 8 of the document of the Environ- made by this section shall apply to produc- actment of this Act, equal to mental Protection Agency entitled ‘‘Guide- tion in taxable years beginning after Decem- (2) the increase in revenue for such taxable lines for Preparing Economic Analyses’’ and ber 31, 2014. years by reason of the amendments made by dated December 17, 2010. SEC. 616. TERMINATION OF CREDIT FOR PRO- title I of this Act. (5) RULE.—The term ‘‘rule’’ has the mean- DUCTION FROM ADVANCED NU- (b) MAINTENANCE OF GRADUATED RATES.—In ing given the term in section 551 of title 5, CLEAR POWER FACILITIES. prescribing the tax rates under subsection United States Code. (a) IN GENERAL.—Subparagraph (B) of sec- (a), the Secretary shall ensure that each rate SEC. 453. PROHIBITION AGAINST FINALIZING tion 45J(d)(1) is amended by striking ‘‘Janu- modified under such subsection is reduced by CERTAIN ENERGY-RELATED RULES ary 1, 2021’’ and inserting ‘‘January 1, 2015’’. a uniform percentage. THAT WILL CAUSE SIGNIFICANT AD- (b) EFFECTIVE DATE.—The amendments (c) EFFECTIVE DATE.—The rates prescribed VERSE EFFECTS TO THE ECONOMY. made by this section shall apply to property by the Secretary under subsection (a) shall Notwithstanding any other provision of placed in service after December 31, 2014. apply to taxable years beginning more than law, the Administrator shall not promulgate SEC. 617. REPEAL OF CREDIT FOR CARBON DIOX- 1 year after the date of the enactment of this as final any covered energy-related rule if IDE SEQUESTRATION. Act. the Secretary determines under section (a) IN GENERAL.—Section 45Q is repealed. 454(d) that the rule will result in significant (b) EFFECTIVE DATE.—The amendment SA 2986. Mr. BLUNT (for himself and adverse effects to the economy. made by this section shall apply to carbon Mr. TOOMEY) submitted an amendment SEC. 454. REPORTS AND DETERMINATIONS PRIOR dioxide captured after December 31, 2014. intended to be proposed by him to the TO PROMULGATING AS FINAL CER- SEC. 618. TERMINATION OF ENERGY CREDIT. bill S. 2262, to promote energy savings TAIN ENERGY-RELATED RULES. (a) IN GENERAL.—Section 48 is amended by (a) IN GENERAL.—Before promulgating as adding at the end the following new sub- in residential buildings and industry, final any covered energy-related rule, the section: and for other purposes; which was or- Administrator shall carry out the activities ‘‘(e) TERMINATION.—No credit shall be al- dered to lie on the table; as follows: described in subsections (c) through (d). lowed under subsection (a) for any period At the appropriate place, insert the fol- (b) REPORT TO CONGRESS.—For each cov- after December 31, 2014.’’. lowing: ered energy-related rule, the Administrator (b) EFFECTIVE DATE.—The amendments SEC. lll. POINT OF ORDER AGAINST LEGISLA- shall submit to Congress a report (and trans- made by this section shall apply to property TION THAT WOULD CREATE A TAX mit a copy to the Secretary) containing— placed in service after December 31, 2014. OR FEE ON CARBON EMISSIONS. (1) a copy of the rule; SEC. 619. REPEAL OF QUALIFYING ADVANCED (a) POINT OF ORDER.—It shall not be in (2) a concise general statement relating to COAL PROJECT. order in the Senate to consider any bill, the rule; (a) IN GENERAL.—Section 48A is repealed. joint resolution, motion, amendment, or con- (3) an estimate of the total costs of the (b) CONFORMING AMENDMENT.—Section 46 is ference report that includes a Federal tax or rule, including the direct costs and indirect amended by striking paragraph (3) and by re- fee imposed on carbon emissions from any costs of the rule; designating paragraphs (4), (5), and (6) as product or entity that is a direct or indirect (4) an estimate of— paragraphs (3), (4), and (5), respectively. source of the emissions. (A) the total benefits of the rule; and (c) CLERICAL AMENDMENT.—The table of (b) WAIVER AND APPEAL.— (B) when those benefits are expected to be sections for subpart E of part IV of sub- (1) WAIVER.—Subsection (a) may be waived realized; chapter A of chapter 1 is amended by strik- or suspended in the Senate only by an af- (5) a description of the modeling, the as- ing the item relating to section 48A. firmative vote of three-fifths of the Mem- sumptions, and the limitations due to uncer- (d) EFFECTIVE DATE.—The amendments bers, duly chosen and sworn. tainty, speculation, or lack of information made by this section shall apply to property (2) APPEAL.—An affirmative vote of three- associated with the estimates under para- placed in service after December 31, 2014. fifths of the Members of the Senate, duly graph (4);

VerDate Mar 15 2010 02:27 May 07, 2014 Jkt 039060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A06MY6.027 S06MYPT1 jbell on DSK7SPTVN1PROD with SENATE S2724 CONGRESSIONAL RECORD — SENATE May 6, 2014 (6) an estimate of the increases in energy the credit allowed under this section by rea- promote energy savings in residential prices, including potential increases in gaso- son of paragraph (3) of subsection (a) for any buildings and industry, and for other line or electricity prices for consumers, that taxable year with respect to any taxpayer purposes; which was ordered to lie on may result from implementation or enforce- shall not exceed $5,000.’’. the table; as follows: ment of the rule; and (B) CONFORMING AMENDMENT.—Paragraph (7) a detailed description of the employ- (1) of section 25C(b) of such Code is amended At the end of title II, insert the following: ment effects, including potential job losses by inserting ‘‘by reason of paragraphs (1) and Subtitle E—Smart Water Resource and shifts in employment, that may result (2) of subsection (a)’’ after ‘‘The credit al- Management Pilot Program from implementation or enforcement of the lowed under this section’’. SEC. 241. SMART WATER RESOURCE MANAGE- rule. (2) NO DOUBLE COUNTING.—Section 25C(e) of MENT PILOT PROGRAM. (c) INITIAL DETERMINATION ON INCREASES such Code (relating to special rules) is (a) DEFINITIONS.—In this section: AND IMPACTS.—The Secretary, in consulta- amended by adding at the end the following (1) ELIGIBLE ENTITY.—The term ‘‘eligible tion with the Federal Energy Regulatory new paragraph: entity’’ means— Commission and the Administrator of the ‘‘(4) NO DOUBLE COUNTING.—No amount (A) a utility; Energy Information Administration, shall taken into account for purposes of deter- (B) a municipality; prepare an independent analysis to deter- mining a credit under this section by reason (C) a water district; and mine whether the covered energy-related of paragraph (3) of subsection (a) shall be (D) any other authority that provides rule will cause— taken into account for purposes of deter- water, wastewater, or water reuse services. (1) any increase in energy prices for con- mining a credit under this section by reason (2) SMART WATER RESOURCE MANAGEMENT sumers, including low-income households, of paragraphs (1) and (2) of subsection (a).’’. PILOT PROGRAM.—The term ‘‘smart water re- small businesses, and manufacturers; (c) QUALIFYING HEATING CONVERSION EX- source management pilot program’’ or ‘‘pilot (2) any impact on fuel diversity of the elec- PENDITURES.—Section 25C of the Internal program’’ means the pilot program estab- tricity generation portfolio of the United Revenue Code of 1986 (relating to residential lished under subsection (b). (b) SMART WATER RESOURCE MANAGEMENT States or on national, regional, or local elec- energy property expenditures) is amended by PILOT PROGRAM.— tric reliability; adding at the end the following new sub- (1) IN GENERAL.—The Secretary shall estab- (3) any adverse effect on energy supply, section: distribution, or use due to the economic or lish and carry out a smart water resource ‘‘(h) QUALIFYING HEATING CONVERSION EX- technical infeasibility of implementing the management pilot program in accordance PENDITURES.— rule; or with this section. ‘‘(1) IN GENERAL.—The term ‘qualifying (2) PURPOSE.—The purpose of the smart (4) any other adverse effect on energy sup- heating conversion expenditures’ means ex- water resource management pilot program is ply, distribution, or use (including a short- penditures made by the taxpayer for quali- to award grants to eligible entities to dem- fall in supply and increased use of foreign fied heating conversion property which— onstrate novel and innovative technology- supplies). ‘‘(A) meets the requirements of subpara- (d) SUBSEQUENT DETERMINATION ON AD- based solutions that will— graphs (A) and (B) of subsection (d)(1), and VERSE EFFECTS TO THE ECONOMY.—If the Sec- (A) increase the energy and water effi- ‘‘(B) is used as a heating or cooling system retary determines, under subsection (c), that ciency of water, wastewater, and water reuse on a building or structure located in a com- the rule will result in an increase, impact, or systems; effect described in that subsection, then the munity (as determined under section 19(a)(1) (B) improve water, wastewater, and water Secretary, in consultation with the Adminis- of the Rural Electrification Act of 1936) in reuse systems to help communities across trator, the Secretary of Commerce, the Sec- which the average residential expenditure the United States make significant progress retary of Labor, and the Administrator of for home energy is more than 200 percent of in conserving water, saving energy, and re- the Small Business Administration, shall— the national average residential expenditure ducing costs; and (1) determine whether the rule will result for home energy (as determined by the En- (C) support the implementation of innova- in significant adverse effects to the econ- ergy Information Agency using the most re- tive processes and the installation of ad- omy, taking into consideration— cent data available). vanced automated systems that provide real- (A) the costs and benefits of the rule and ‘‘(2) AMOUNTS INCLUDED.—The term ‘quali- time data on energy and water. limitations in calculating those costs and fying heating conversion expenditures’ in- (3) PROJECT SELECTION.— benefits due to uncertainty, speculation, or cludes expenditures— (A) IN GENERAL.—The Secretary shall make lack of information; and ‘‘(A) for labor costs properly allocable to competitive, merit-reviewed grants under (B) the positive and negative impacts of the onsite preparation, assembly, or original the pilot program to not less than 3, but not the rule on economic indicators, including installation of property described in para- more than 5, eligible entities. those related to gross domestic product, un- graph (1), including fuel service connection (B) SELECTION CRITERIA.—In selecting an employment, wages, consumer prices, and installation costs specifically related to fuel eligible entity to receive a grant under the business and manufacturing activity; and service to the qualified energy property used pilot program, the Secretary shall consider— (2) publish the results of that determina- in such conversion, and (i) energy and cost savings; tion in the Federal Register. ‘‘(B) the removal of the fuel oil equipment (ii) the novelty of the technology to be (including any storage tank) for such a used; SA 2988. Mr. BEGICH submitted an building or structure. (iii) the degree to which the project inte- amendment intended to be proposed by ‘‘(3) EXCLUSIONS.—Such term does not in- grates next-generation sensors, software, him to the bill S. 2262, to promote en- clude expenditures for soil cleanup. analytics, and management tools; ergy savings in residential buildings ‘‘(4) QUALIFIED HEATING CONVERSION PROP- (iv) the anticipated cost-effectiveness of ERTY.—For purposes of paragraph (1), the and industry, and for other purposes; the pilot project in terms of energy effi- term ‘qualified heating conversion property’ ciency savings, water savings or reuse, and which was ordered to lie on the table; means property which— as follows: infrastructure costs averted; ‘‘(A) is placed in service before January 1, (v) whether the technology can be deployed At the end, add the following: 2019, in a variety of geographic regions and the de- SEC. lll. CREDIT FOR CONVERSION OF HOME ‘‘(B) meets the performance and quality gree to which the technology can be imple- HEATING USING OIL FUEL TO USING standards described in subsection (d)(2)(B), mented on a smaller or larger scale; and NATURAL GAS OR BIOMASS FEED- and (vi) whether the project will be completed STOCKS. ‘‘(C) is a product which qualifies under the (a) IN GENERAL.—Subsection (a) of section in 5 years or less. Energy Star program and meets the require- (C) APPLICATIONS.— 25C of the Internal Revenue Code of 1986 (re- ments for such property under such pro- lating to nonbusiness energy property) is (i) IN GENERAL.—Subject to clause (ii), an gram.’’. amended by striking ‘‘and’’ at the end of eligible entity seeking a grant under the (d) CONFORMING AMENDMENT.—Subsection paragraph (1), by striking the period at the pilot program shall submit to the Secretary (g) of section 25C of the Internal Revenue end of paragraph (2) and inserting ‘‘, and’’, an application at such time, in such manner, Code of 1986 (relating to termination) is and by adding at the end the following new and containing such information as the Sec- amended by striking ‘‘This section’’ and in- paragraph: retary determines to be necessary. serting ‘‘Paragraphs (1) and (2) of subsection ‘‘(3) the amount of the qualifying heating (ii) CONTENTS.—An application under (a)’’. conversion expenditures paid or incurred by clause (i) shall, at a minimum, include— (e) EFFECTIVE DATE.—The amendments the taxpayer during such taxable year.’’. (I) a description of the project; made by this section shall apply to property (b) DOLLAR LIMITATION.— (II) a description of the technology to be placed in service after the date of the enact- (1) IN GENERAL.— used in the project; ment of this Act. (A) LIMITATION.—Subsection (b) of section (III) the anticipated results, including en- 25C of the Internal Revenue Code of 1986 is ergy and water savings, of the project; amended by adding at the end the following SA 2989. Mr. UDALL of New Mexico (IV) a comprehensive budget for the new paragraph: (for himself and Mr. CHAMBLISS) sub- project; ‘‘(4) LIMITATION ON QUALIFYING HEATING mitted an amendment intended to be (V) the names of the project lead organiza- CONVERSION EXPENDITURES.—The amount of proposed by him to the bill S. 2262, to tion and any partners;

VerDate Mar 15 2010 02:27 May 07, 2014 Jkt 039060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A06MY6.028 S06MYPT1 jbell on DSK7SPTVN1PROD with SENATE May 6, 2014 CONGRESSIONAL RECORD — SENATE S2725 (VI) the number of users to be served by retary shall provide technical assistance to cluding a facility that produces electricity the project; and interested Indian tribes to develop energy from renewable energy resources) located on (VII) any other information that the Sec- plans, including— tribal land; or’’; and retary determines to be necessary to com- ‘‘(i) plans for electrification; (II) in clause (ii)— plete the review and selection of a grant re- ‘‘(ii) plans for oil and gas permitting, re- (aa) by inserting ‘‘, at least a portion of cipient. newable energy permitting, energy effi- which have been’’ after ‘‘energy resources’’; (4) ADMINISTRATION.— ciency, electricity generation, transmission (bb) by inserting ‘‘or produced from’’ after (A) IN GENERAL.—Not later than 300 days planning, water planning, and other planning ‘‘developed on’’; and after the date of enactment of this Act, the relating to energy issues; (cc) by striking ‘‘and’’ after the semicolon Secretary shall select grant recipients under ‘‘(iii) plans for the development of energy at the end and inserting ‘‘or’’; and this section. resources and to ensure the protection of (iii) by adding at the end the following: (B) EVALUATIONS.—The Secretary shall an- natural, historic, and cultural resources; and ‘‘(C) pooling, unitization, or nually carry out an evaluation of each ‘‘(iv) any other plans that would assist an communitization of the energy mineral re- project for which a grant is provided under Indian tribe in the development or use of en- sources of the Indian tribe located on tribal this section that— ergy resources. land with any other energy mineral resource (i) evaluates the progress and impact of the ‘‘(B) COOPERATION.—In establishing the (including energy mineral resources owned project; and program under paragraph (1), the Secretary by the Indian tribe or an individual Indian in (ii) assesses the degree to which the project shall work in cooperation with the Office of fee, trust, or restricted status or by any is meeting the goals of the pilot program. Indian Energy Policy and Programs of the other persons or entities) if the owner of the (C) TECHNICAL AND POLICY ASSISTANCE.—On Department of Energy.’’. resources has consented or consents to the the request of a grant recipient, the Sec- (b) DEPARTMENT OF ENERGY INDIAN ENERGY pooling, unitization, or communitization of retary shall provide technical and policy as- EDUCATION PLANNING AND MANAGEMENT AS- the other resources under any lease or agree- sistance. SISTANCE PROGRAM.—Section 2602(b)(2) of the ment; and’’; and (D) BEST PRACTICES.—The Secretary shall Energy Policy Act of 1992 (25 U.S.C. (B) by striking paragraph (2) and inserting make available to the public— 3502(b)(2)) is amended— the following: (i) a copy of each evaluation carried out (1) in the matter preceding subparagraph ‘‘(2) a lease or business agreement de- under subparagraph (B); and (A), by inserting ‘‘, intertribal organiza- scribed in paragraph (1) shall not require re- (ii) a description of any best practices tion,’’ after ‘‘Indian tribe’’; view by, or the approval of, the Secretary identified by the Secretary as a result of (2) by redesignating subparagraphs (C) and under section 2103 of the Revised Statutes (25 those evaluations. (D) as subparagraphs (D) and (E), respec- U.S.C. 81), or any other provision of law, if the lease or business agreement— (E) REPORT TO CONGRESS.—The Secretary tively; and shall submit to Congress a report containing (3) by inserting after subparagraph (B) the ‘‘(A) was executed— the results of each evaluation carried out following: ‘‘(i) in accordance with the requirements of under subparagraph (B). ‘‘(C) activities to increase the capacity of a tribal energy resource agreement in effect under subsection (e) (including the periodic (c) FUNDING.— Indian tribes to manage energy development review and evaluation of the activities of the (1) IN GENERAL.—The Secretary shall use and energy efficiency programs;’’. Indian tribe under the agreement, to be con- not less than $7,500,000 of amounts made (c) DEPARTMENT OF ENERGY LOAN GUAR- ducted pursuant to subparagraphs (D) and available to the Secretary to carry out this ANTEE PROGRAM.—Section 2602(c) of the En- (E) of subsection (e)(2)); or section. ergy Policy Act of 1992 (25 U.S.C. 3502(c)) is ‘‘(ii) by the Indian tribe and a tribal energy (2) PRIORITIZATION.—In funding activities amended— development organization— under this section, the Secretary shall (1) in paragraph (1), by inserting ‘‘or a trib- ‘‘(I) for which the Indian tribe has obtained prioritize funding in the following manner: al energy development organization’’ after certification pursuant to subsection (h); and (A) Any unobligated amounts made avail- ‘‘Indian tribe’’; ‘‘(II) the majority of the interest in which able to the Secretary to carry out energy ef- (2) in paragraph (3)— is, and continues to be throughout the full ficiency and renewable energy activities. (A) in the matter preceding subparagraph term or renewal term (if any) of the lease or (B) Any unobligated amounts (other than (A), by striking ‘‘guarantee’’ and inserting business agreement, owned and controlled by those described in subparagraph (A)) made ‘‘guaranteed’’; the Indian tribe (or the Indian tribe and 1 or available to the Secretary. (B) in subparagraph (A), by striking ‘‘or’’; more other Indian tribes); and (C) in subparagraph (B), by striking the pe- ‘‘(B) has a term that does not exceed— SA 2990. Mr. BARRASSO submitted riod at the end and inserting ‘‘; or’’; and an amendment intended to be proposed ‘‘(i) 30 years; or (D) by adding at the end the following: ‘‘(ii) in the case of a lease for the produc- by him to the bill S. 2262, to promote ‘‘(C) a tribal energy development organiza- tion of oil resources, gas resources, or both, energy savings in residential buildings tion, from funds of the tribal energy develop- 10 years and as long thereafter as oil or gas and industry, and for other purposes; ment organization.’’; and is produced in paying quantities.’’; which was ordered to lie on the table; (3) in paragraph (5), by striking ‘‘The Sec- (2) by striking subsection (b) and inserting as follows: retary of Energy may’’ and inserting ‘‘Not the following: later than 1 year after the date of enactment At the end of the bill, add the following: ‘‘(b) RIGHTS-OF-WAY.—An Indian tribe may of the Indian Tribal Energy Development grant a right-of-way over tribal land without DIVISION B—INDIAN TRIBAL ENERGY and Self-Determination Act Amendments of review or approval by the Secretary if the DEVELOPMENT 2014, the Secretary of Energy shall’’. right-of-way— SEC. 2001. SHORT TITLE. SEC. 2102. INDIAN TRIBAL ENERGY RESOURCE ‘‘(1) serves— This division may be cited as the ‘‘Indian REGULATION. ‘‘(A) an electric production, generation, Tribal Energy Development and Self-Deter- Section 2603(c) of the Energy Policy Act of transmission, or distribution facility (in- mination Act Amendments of 2014’’. 1992 (25 U.S.C. 3503(c)) is amended— cluding a facility that produces electricity TITLE XXI—INDIAN TRIBAL ENERGY DE- (1) in paragraph (1), by striking ‘‘on the re- from renewable energy resources) located on VELOPMENT AND SELF-DETERMINA- quest of an Indian tribe, the Indian tribe’’ tribal land; TION ACT AMENDMENTS and inserting ‘‘on the request of an Indian ‘‘(B) a facility located on tribal land that SEC. 2101. INDIAN TRIBAL ENERGY RESOURCE tribe or a tribal energy development organi- extracts, produces, processes, or refines en- DEVELOPMENT. zation, the Indian tribe or tribal energy de- ergy resources; or (a) IN GENERAL.—Section 2602(a) of the En- velopment organization’’; and ‘‘(C) the purposes, or facilitates in carrying ergy Policy Act of 1992 (25 U.S.C. 3502(a)) is (2) in paragraph (2)(B), by inserting ‘‘or out the purposes, of any lease or agreement amended— tribal energy development organization’’ entered into for energy resource develop- (1) in paragraph (2)— after ‘‘Indian tribe’’. ment on tribal land; and (A) in subparagraph (C), by striking ‘‘and’’ SEC. 2103. TRIBAL ENERGY RESOURCE AGREE- ‘‘(2) was executed— after the semicolon; MENTS. ‘‘(A) in accordance with the requirements (B) in subparagraph (D), by striking the pe- (a) AMENDMENT.—Section 2604 of the En- of a tribal energy resource agreement in ef- riod at the end and inserting ‘‘; and’’; and ergy Policy Act of 1992 (25 U.S.C. 3504) is fect under subsection (e) (including the peri- (C) by adding at the end the following: amended— odic review and evaluation of the activities ‘‘(E) consult with each applicable Indian (1) in subsection (a)— of the Indian tribe under the agreement, to tribe before adopting or approving a well (A) in paragraph (1)— be conducted pursuant to subparagraphs (D) spacing program or plan applicable to the en- (i) in subparagraph (A), by striking ‘‘or’’ and (E) of subsection (e)(2)); or ergy resources of that Indian tribe or the after the semicolon at the end; ‘‘(B) by the Indian tribe and a tribal energy members of that Indian tribe.’’; and (ii) in subparagraph (B)— development organization— (2) by adding at the end the following: (I) by striking clause (i) and inserting the ‘‘(i) for which the Indian tribe has obtained ‘‘(4) PLANNING.— following: certification pursuant to subsection (h); and ‘‘(A) IN GENERAL.—In carrying out the pro- ‘‘(i) an electric production, generation, ‘‘(ii) the majority of the interest in which gram established by paragraph (1), the Sec- transmission, or distribution facility (in- is, and continues to be throughout the full

VerDate Mar 15 2010 02:27 May 07, 2014 Jkt 039060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\A06MY6.028 S06MYPT1 jbell on DSK7SPTVN1PROD with SENATE S2726 CONGRESSIONAL RECORD — SENATE May 6, 2014 term or renewal term (if any) of the right-of- (III) in clause (iii)(I), by striking ‘‘proposed ‘‘(ii) the revisions or changes to the tribal way, owned and controlled by the Indian action’’ and inserting ‘‘approval of the lease, energy resource agreement necessary to ad- tribe (or the Indian tribe and 1 or more other business agreement, or right-of-way’’; dress each reason; and Indian tribes); and (IV) in clause (iv), by striking ‘‘and’’ at the ‘‘(B) an opportunity to revise and resubmit ‘‘(3) has a term that does not exceed 30 end; the tribal energy resource agreement.’’; years.’’; (V) in clause (v), by striking the period at (C) in paragraph (6)— (3) by striking subsection (d) and inserting the end and inserting ‘‘; and’’; and (i) in subparagraph (B)— the following: (VI) by adding at the end the following: (I) by striking ‘‘(B) Subject to’’ and insert- ‘‘(d) VALIDITY.—No lease or business agree- ‘‘(vi) the identification of specific classes ing the following: ment entered into, or right-of-way granted, or categories of actions, if any, determined ‘‘(B) Subject only to’’; and pursuant to this section shall be valid unless by the Indian tribe not to have significant (II) by striking ‘‘subparagraph (D)’’ and in- the lease, business agreement, or right-of- environmental effects.’’; serting ‘‘subparagraphs (C) and (D)’’; way is authorized by subsection (a) or (b).’’; (iv) in subparagraph (D)(ii), by striking (ii) in subparagraph (C), in the matter pre- (4) in subsection (e)— ‘‘subparagraph (B)(iii)(XVI)’’ and inserting ceding clause (i), by inserting ‘‘to perform (A) in paragraph (2)— ‘‘subparagraph (B)(iv)(XV)’’; and the obligations of the Secretary under this (i) by striking ‘‘(2)(A)’’ and all that follows (v) by adding at the end the following: section and’’ before ‘‘to ensure’’; and through the end of subparagraph (A) and in- ‘‘(F) A tribal energy resource agreement (iii) in subparagraph (D), by adding at the serting the following: that takes effect pursuant to this subsection end the following: ‘‘(2) PROCEDURE.— shall remain in effect to the extent any pro- ‘‘(iii) Nothing in this section absolves, lim- ‘‘(A) EFFECTIVE DATE.— vision of the tribal energy resource agree- its, or otherwise affects the liability, if any, ‘‘(i) IN GENERAL.—On the date that is 271 ment is consistent with applicable Federal of the United States for any— days after the date on which the Secretary law (including regulations), unless the tribal ‘‘(I) term of any lease, business agreement, receives a tribal energy resource agreement energy resource agreement is— or right-of-way under this section that is not from an Indian tribe under paragraph (1), the ‘‘(i) rescinded by the Secretary pursuant to a negotiated term; or tribal energy resource agreement shall take paragraph (7)(D)(iii)(II); or ‘‘(II) losses that are not the result of a ne- effect, unless the Secretary disapproves the ‘‘(ii) voluntarily rescinded by the Indian gotiated term, including losses resulting tribal energy resource agreement under sub- tribe pursuant to the regulations promul- from the failure of the Secretary to perform paragraph (B). gated under paragraph (8)(B) (or successor an obligation of the Secretary under this ‘‘(ii) REVISED TRIBAL ENERGY RESOURCE regulations). section.’’; and AGREEMENT.—On the date that is 91 days ‘‘(G)(i) The Secretary shall make a capac- (D) in paragraph (7)— after the date on which the Secretary re- ity determination under subparagraph (B)(i) (i) in subparagraph (A), by striking ‘‘has ceives a revised tribal energy resource agree- not later than 120 days after the date on demonstrated’’ and inserting ‘‘the Secretary ment from an Indian tribe under paragraph which the Indian tribe submits to the Sec- determines has demonstrated with substan- (4)(B), the revised tribal energy resource retary the tribal energy resource agreement tial evidence’’; agreement shall take effect, unless the Sec- of the Indian tribe pursuant to paragraph (1), (ii) in subparagraph (B), by striking ‘‘any retary disapproves the revised tribal energy unless the Secretary and the Indian tribe tribal remedy’’ and inserting ‘‘all remedies resource agreement under subparagraph mutually agree to an extension of the time (if any) provided under the laws of the Indian (B).’’; period for making the determination. tribe’’; (ii) in subparagraph (B)— ‘‘(ii) Any determination that the Indian (iii) in subparagraph (D)— (I) by striking ‘‘(B)’’ and all that follows tribe lacks the requisite capacity shall be (I) in clause (i), by striking ‘‘determine’’ through ‘‘if—’’ and inserting the following: treated as a disapproval under paragraph (4) and all that follows through the end of the ‘‘(B) DISAPPROVAL.—The Secretary shall and, not later than 10 days after the date of clause and inserting the following: ‘‘deter- disapprove a tribal energy resource agree- the determination, the Secretary shall pro- mine— ment submitted pursuant to paragraph (1) or vide to the Indian tribe— ‘‘(I) whether the petitioner is an interested (4)(B) only if—’’; ‘‘(I) a detailed, written explanation of each party; and (II) by striking clause (i) and inserting the reason for the determination; and ‘‘(II) if the petitioner is an interested following: ‘‘(II) a description of the steps that the In- party, whether the Indian tribe is not in ‘‘(i) the Secretary determines that the In- dian tribe should take to demonstrate suffi- compliance with the tribal energy resource dian tribe has not demonstrated that the In- cient capacity. agreement as alleged in the petition.’’; dian tribe has sufficient capacity to regulate ‘‘(H) Notwithstanding any other provision (II) in clause (ii), by striking ‘‘determina- the development of the specific 1 or more en- of this section, an Indian tribe shall be con- tion’’ and inserting ‘‘determinations’’; and ergy resources identified for development sidered to have demonstrated sufficient ca- (III) in clause (iii), in the matter preceding under the tribal energy resource agreement pacity under subparagraph (B)(i) to regulate subclause (I) by striking ‘‘agreement’’ the submitted by the Indian tribe;’’; the development of the specific 1 or more en- first place it appears and all that follows (III) by redesignating clause (iii) as clause ergy resources of the Indian tribe identified through ‘‘, including’’ and inserting ‘‘agree- (iv) and indenting appropriately; for development under the tribal energy re- ment pursuant to clause (i), the Secretary (IV) by striking clause (ii) and inserting source agreement submitted by the Indian shall only take such action as the Secretary the following: tribe pursuant to paragraph (1) if— determines necessary to address the claims ‘‘(ii) a provision of the tribal energy re- ‘‘(i) the Secretary determines that— of noncompliance made in the petition, in- source agreement would violate applicable ‘‘(I) the Indian tribe has carried out a con- cluding’’; Federal law (including regulations) or a trea- tract or compact under title I or IV of the (iv) in subparagraph (E)(i), by striking ty applicable to the Indian tribe; Indian Self-Determination and Education ‘‘the manner in which’’ and inserting ‘‘, with ‘‘(iii) the tribal energy resource agreement Assistance Act (25 U.S.C. 450 et seq.); and respect to each claim made in the petition, does not include 1 or more provisions re- ‘‘(II) for a period of not less than 3 consecu- how’’; and quired under subparagraph (D); or’’; and tive years ending on the date on which the (v) by adding at the end the following: (V) in clause (iv) (as redesignated by sub- Indian tribe submits the tribal energy re- ‘‘(G) Notwithstanding any other provision clause (III))— source agreement of the Indian tribe pursu- of this paragraph, the Secretary shall dis- (aa) in the matter preceding subclause (I), ant to paragraph (1) or (4)(B), the contract or miss any petition from an interested party by striking ‘‘includes’’ and all that follows compact— that has agreed with the Indian tribe to a through ‘‘section—’’ and inserting ‘‘does not ‘‘(aa) has been carried out by the Indian resolution of the claims presented in the pe- include provisions that, with respect to any tribe without material audit exceptions (or tition of that party.’’; lease, business agreement, or right-of-way to without any material audit exceptions that (5) by redesignating subsection (g) as sub- which the tribal energy resource agreement were not corrected within the 3-year period); section (j); and applies—’’; and and (6) by inserting after subsection (f) the fol- (bb) in subclause (XVI)(bb), by striking ‘‘or ‘‘(bb) has included programs or activities lowing: tribal’’; relating to the management of tribal land; or (iii) in subparagraph (C)— ‘‘(ii) the Secretary fails to make the deter- ‘‘(g) FINANCIAL ASSISTANCE IN LIEU OF AC- (I) in the matter preceding clause (i), by in- mination within the time allowed under sub- TIVITIES BY THE SECRETARY.— serting ‘‘the approval of’’ after ‘‘with respect paragraph (G)(i) (including any extension of ‘‘(1) IN GENERAL.—Any amounts that the to’’; time agreed to under that subparagraph).’’; Secretary would otherwise expend to operate (II) by striking clause (ii) and inserting the (B) in paragraph (4), by striking ‘‘date of or carry out any program, function, service, following: disapproval’’ and all that follows through or activity (or any portion of a program, ‘‘(ii) the identification of mitigation meas- the end of subparagraph (C) and inserting the function, service, or activity) of the Depart- ures, if any, that, in the discretion of the In- following: ‘‘date of disapproval, provide the ment that, as a result of an Indian tribe car- dian tribe, the Indian tribe might propose for Indian tribe with— rying out activities under a tribal energy re- incorporation into the lease, business agree- ‘‘(A) a detailed, written explanation of— source agreement, the Secretary does not ex- ment, or right-of-way;’’; ‘‘(i) each reason for the disapproval; and pend, the Secretary shall, at the request of

VerDate Mar 15 2010 02:27 May 07, 2014 Jkt 039060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A06MY6.029 S06MYPT1 jbell on DSK7SPTVN1PROD with SENATE May 6, 2014 CONGRESSIONAL RECORD — SENATE S2727 the Indian tribe, make available to the In- retary shall, not more than 10 days after ergy Policy Act of 1992 (25 U.S.C. 3501) is dian tribe in accordance with this sub- making the determination— amended by striking paragraph (11) and in- section. ‘‘(A) issue a certification stating that— serting the following: ‘‘(2) ANNUAL FUNDING AGREEMENTS.—The ‘‘(i) the tribal energy development organi- ‘‘(11) The term ‘tribal energy development Secretary shall make the amounts described zation is organized under the laws of the In- organization’ means— in paragraph (1) available to an Indian tribe dian tribe and subject to the jurisdiction and ‘‘(A) any enterprise, partnership, consor- through an annual written funding agree- authority of the Indian tribe; tium, corporation, or other type of business ment that is negotiated and entered into ‘‘(ii) the majority of the interest in the organization that is engaged in the develop- with the Indian tribe that is separate from tribal energy development organization is ment of energy resources and is wholly the tribal energy resource agreement. owned and controlled by the Indian tribe (or owned by an Indian tribe (including an orga- ‘‘(3) EFFECT OF APPROPRIATIONS.—Notwith- the Indian tribe and 1 or more other Indian nization incorporated pursuant to section 17 standing paragraph (1)— tribes); of the Indian Reorganization Act of 1934 (25 ‘‘(A) the provision of amounts to an Indian ‘‘(iii) the organizing document of the tribal U.S.C. 477) or section 3 of the Act of June 26, tribe under this subsection is subject to the energy development organization requires 1936 (25 U.S.C. 503) (commonly known as the availability of appropriations; and that the Indian tribe (or the Indian tribe and ‘Oklahoma Indian Welfare Act’)); or ‘‘(B) the Secretary shall not be required to 1 or more other Indian tribes) own and con- ‘‘(B) any organization of 2 or more entities, reduce amounts for programs, functions, trol at all times a majority of the interest in at least 1 of which is an Indian tribe, that services, or activities that serve any other the tribal energy development organization; has the written consent of the governing Indian tribe to make amounts available to and bodies of all Indian tribes participating in an Indian tribe under this subsection. ‘‘(iv) the certification is issued pursuant the organization to apply for a grant, loan, ‘‘(4) DETERMINATION.— this subsection; or other assistance under section 2602 or to ‘‘(A) IN GENERAL.—The Secretary shall cal- ‘‘(B) deliver a copy of the certification to enter into a lease or business agreement culate the amounts under paragraph (1) in the Indian tribe; and with, or acquire a right-of-way from, an In- accordance with the regulations adopted ‘‘(C) publish the certification in the Fed- dian tribe pursuant to subsection (a)(2)(A)(ii) under section 2103(b) of the Indian Tribal En- eral Register. or (b)(2)(B) of section 2604.’’. ergy Development and Self-Determination ‘‘(i) SOVEREIGN IMMUNITY.—Nothing in this (b) INDIAN TRIBAL ENERGY RESOURCE DE- Act Amendments of 2014. section waives the sovereign immunity of an VELOPMENT.—Section 2602 of the Energy Pol- ‘‘(B) APPLICABILITY.—The effective date or Indian tribe.’’. icy Act of 1992 (25 U.S.C. 3502) is amended— implementation of a tribal energy resource (b) REGULATIONS.—Not later than 1 year (1) in subsection (a)— agreement under this section shall not be de- after the date of enactment of the Indian (A) in paragraph (1), by striking ‘‘tribal en- layed or otherwise affected by— Tribal Energy Development and Self-Deter- ergy resource development organizations’’ ‘‘(i) a delay in the promulgation of regula- mination Act Amendments of 2014, the Sec- and inserting ‘‘tribal energy development or- tions under section 2103(b) of the Indian retary shall promulgate or update any regu- ganizations’’; and Tribal Energy Development and Self-Deter- lations that are necessary to implement this (B) in paragraph (2), by striking ‘‘tribal en- mination Act Amendments of 2014; section, including provisions to implement— ergy resource development organizations’’ ‘‘(ii) the period of time needed by the Sec- (1) section 2604(g) of the Energy Policy Act each place it appears and inserting ‘‘tribal retary to make the calculation required of 1992 (25 U.S.C. 3504(g)) including the man- energy development organizations’’; and under paragraph (1); or ner in which the Secretary, at the request of (2) in subsection (b)(2), by striking ‘‘tribal ‘‘(iii) the adoption of a funding agreement an Indian tribe, shall— under paragraph (2). energy resource development organization’’ (A) identify the programs, functions, serv- ‘‘(h) CERTIFICATION OF TRIBAL ENERGY DE- and inserting ‘‘tribal energy development or- ices, and activities (or any portions of pro- VELOPMENT ORGANIZATION.— ganization’’. grams, functions, services, or activities) that ‘‘(1) IN GENERAL.—Not later than 90 days (c) WIND AND HYDROPOWER FEASIBILITY after the date on which an Indian tribe sub- the Secretary will not have to operate or STUDY.—Section 2606(c)(3) of the Energy Pol- mits an application for certification of a carry out as a result of the Indian tribe car- icy Act of 1992 (25 U.S.C. 3506(c)(3)) is amend- tribal energy development organization in rying out activities under a tribal energy re- ed by striking ‘‘energy resource develop- accordance with regulations promulgated source agreement; ment’’ and inserting ‘‘energy development’’. under section 2103(b) of the Indian Tribal En- (B) identify the amounts that the Sec- (d) CONFORMING AMENDMENTS.—Section ergy Development and Self-Determination retary would have otherwise expended to op- 2604(e) of the Energy Policy Act of 1992 (25 Act Amendments of 2014, the Secretary shall erate or carry out each program, function, U.S.C. 3504(e)) is amended— approve or disapprove the application. service, and activity (or any portion of a pro- (1) in paragraph (1)— ‘‘(2) REQUIREMENTS.—The Secretary shall gram, function, service, or activity) identi- (A) by striking ‘‘(1) On the date’’ and in- approve an application for certification if— fied pursuant to subparagraph (A); and serting the following: ‘‘(A)(i) the Indian tribe has carried out a (C) provide to the Indian tribe a list of the ‘‘(1) IN GENERAL.—On the date’’; and contract or compact under title I or IV of programs, functions, services, and activities (B) by striking ‘‘for approval’’; the Indian Self-Determination and Edu- (or any portions of programs, functions, (2) in paragraph (2)(B)(iv) (as redesignated cation Assistance Act (25 U.S.C. 450 et seq.); services, or activities) identified pursuant by section 2103(a)(4)(A)(ii)(III))— and subparagraph (A) and the amounts associ- (A) in subclause (XIV), by inserting ‘‘and’’ ‘‘(ii) for a period of not less than 3 consecu- ated with each program, function, service, after the semicolon at the end; tive years ending on the date on which the and activity (or any portion of a program, (B) by striking subclause (XV); and Indian tribe submits the application, the function, service, or activity) identified pur- (C) by redesignating subclause (XVI) as contract or compact— suant to subparagraph (B); and subclause (XV); ‘‘(I) has been carried out by the Indian (2) section 2604(h) of the Energy Policy Act (3) in paragraph (3)— tribe without material audit exceptions (or of 1992 (25 U.S.C. 3504(h)), including the proc- (A) by striking ‘‘(3) The Secretary’’ and in- without any material audit exceptions that ess to be followed by, and any applicable cri- serting the following: were not corrected within the 3-year period); teria and documentation required for, an In- ‘‘(3) NOTICE AND COMMENT; SECRETARIAL RE- and dian tribe to request and obtain the certifi- VIEW.—The Secretary’’; and ‘‘(II) has included programs or activities cation described in that section. (B) by striking ‘‘for approval’’; relating to the management of tribal land; SEC. 2104. TECHNICAL ASSISTANCE FOR INDIAN (4) in paragraph (4), by striking ‘‘(4) If the and TRIBAL GOVERNMENTS. Secretary’’ and inserting the following: ‘‘(B)(i) the tribal energy development orga- Section 2602(b) of the Energy Policy Act of ‘‘(4) ACTION IN CASE OF DISAPPROVAL.—If nization is organized under the laws of the 1992 (25 U.S.C. 3502(b)) is amended— the Secretary’’; Indian tribe and subject to the jurisdiction (1) by redesignating paragraphs (3) through (5) in paragraph (5)— and authority of the Indian tribe; (6) as paragraphs (4) through (7), respec- (A) by striking ‘‘(5) If an Indian tribe’’ and ‘‘(ii) the majority of the interest in the tively; and inserting the following: tribal energy development organization is (2) by inserting after paragraph (2) the fol- ‘‘(5) PROVISION OF DOCUMENTS TO SEC- owned and controlled by the Indian tribe (or lowing: RETARY.—If an Indian tribe’’; and the Indian tribe and 1 or more other Indian ‘‘(3) TECHNICAL AND SCIENTIFIC RE- (B) in the matter preceding subparagraph tribes); and SOURCES.—In addition to providing grants to (A), by striking ‘‘approved’’ and inserting ‘‘(iii) the organizing document of the tribal Indian tribes under this subsection, the Sec- ‘‘in effect’’; energy development organization requires retary shall collaborate with the Directors of (6) in paragraph (6)— that the Indian tribe (or the Indian tribe and the National Laboratories in making the full (A) by striking ‘‘(6)(A) In carrying out’’ 1 or more other Indian tribes) own and con- array of technical and scientific resources of and inserting the following: trol at all times a majority of the interest in the Department of Energy available for trib- ‘‘(6) SECRETARIAL OBLIGATIONS AND EFFECT the tribal energy development organization. al energy activities and projects.’’. OF SECTION.— ‘‘(3) ACTION BY SECRETARY.—If the Sec- SEC. 2105. CONFORMING AMENDMENTS. ‘‘(A) In carrying out’’; retary approves an application for certifi- (a) DEFINITION OF TRIBAL ENERGY DEVELOP- (B) in subparagraph (A), by indenting cation pursuant to paragraph (2), the Sec- MENT ORGANIZATION.—Section 2601 of the En- clauses (i) and (ii) appropriately;

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(C) in subparagraph (B), by striking ‘‘ap- ‘‘(b) DEMONSTRATION PROJECTS.—In each (B) FEDERAL LAND.—The term ‘‘Federal proved’’ and inserting ‘‘in effect’’; and fiscal year for which projects are authorized, land’’ means— (D) in subparagraph (D)— at least 4 new demonstration projects that (i) land of the National Forest System (as (i) in clause (i), by striking ‘‘an approved meet the eligibility criteria described in sub- defined in section 11(a) of the Forest and tribal energy resource agreement’’ and in- section (c) shall be carried out under con- Rangeland Renewable Resources Planning serting ‘‘a tribal energy resource agreement tracts or agreements described in subsection Act of 1974 (16 U.S.C. 1609(a))) administered in effect under this section’’; and (a). by the Secretary of Agriculture, acting (ii) in clause (ii), by striking ‘‘approved by ‘‘(c) ELIGIBILITY CRITERIA.—To be eligible through the Chief of the Forest Service; and the Secretary’’ and inserting ‘‘in effect’’; and to enter into a contract or agreement under (ii) public lands (as defined in section 103 of (7) in paragraph (7)— this section, an Indian tribe shall submit to the Federal Land Policy Management Act of (A) by striking ‘‘(7)(A) In this paragraph’’ the Secretary an application— 1976 (43 U.S.C. 1702)), the surface of which is and inserting the following: ‘‘(1) containing such information as the administered by the Secretary of the Inte- ‘‘(7) PETITIONS BY INTERESTED PARTIES.— Secretary may require; and rior, acting through the Director of the Bu- ‘‘(A) In this paragraph’’; ‘‘(2) that includes a description of— reau of Land Management. (B) in subparagraph (A), by striking ‘‘ap- ‘‘(A) the Indian forest land or rangeland (C) FOREST LAND.—The term ‘‘forest land’’ proved by the Secretary’’ and inserting ‘‘in under the jurisdiction of the Indian tribe; means land that— effect’’; and (i) is conveyed to an Alaska Native cor- (C) in subparagraph (B), by striking ‘‘ap- ‘‘(B) the demonstration project proposed to poration pursuant to the Alaska Native proved by the Secretary’’ and inserting ‘‘in be carried out by the Indian tribe. Claims Settlement Act (43 U.S.C. 1601 et ‘‘(d) SELECTION.—In evaluating the applica- effect’’; and seq.); and tions submitted under subsection (c), the (D) in subparagraph (D)(iii)— (ii)(I) is considered chiefly valuable for the Secretary shall— (i) in subclause (I), by striking ‘‘approved’’; production of forest products or to maintain ‘‘(1) take into consideration— and watershed or other land values enhanced by ‘‘(A) the factors set forth in paragraphs (1) (ii) in subclause (II)— a forest cover (including commercial and and (2) of section 2(e); and (I) by striking ‘‘approval of’’ in the first noncommercial timberland and woodland), ‘‘(B) whether a proposed project would— place it appears; and regardless of whether a formal inspection ‘‘(i) increase the availability or reliability (II) by striking ‘‘subsection (a) or (b)’’ and and land classification action has been of local or regional energy; inserting ‘‘subsection (a)(2)(A)(i) or taken; or ‘‘(ii) enhance the economic development of (b)(2)(A)’’. (II) formerly had a forest or vegetative the Indian tribe; TITLE XXII—MISCELLANEOUS cover that is capable of restoration. ‘‘(iii) result in or improve the connection AMENDMENTS (D) SECRETARY.—The term ‘‘Secretary’’ of electric power transmission facilities serv- means— SEC. 2201. ISSUANCE OF PRELIMINARY PERMITS ing the Indian tribe with other electric (i) the Secretary of Agriculture, with re- OR LICENSES. transmission facilities; spect to land under the jurisdiction of the (a) IN GENERAL.—Section 7(a) of the Fed- ‘‘(iv) improve the forest health or water- Forest Service; and eral Power Act (16 U.S.C. 800(a)) is amended sheds of Federal land or Indian forest land or (ii) the Secretary of the Interior, with re- by striking ‘‘States and municipalities’’ and rangeland; spect to land under the jurisdiction of the inserting ‘‘States, Indian tribes, and munici- ‘‘(v) demonstrate new investments in infra- Bureau of Land Management. palities’’. structure; or (b) APPLICABILITY.—The amendment made (2) AGREEMENTS.—For each of fiscal years ‘‘(vi) otherwise promote the use of woody by subsection (a) shall not affect— 2015 through 2019, the Secretary shall enter biomass; and (1) any preliminary permit or original li- into a stewardship contract or similar agree- ‘‘(2) exclude from consideration any mer- cense issued before the date of enactment of ment (excluding a direct service contract) chantable logs that have been identified by the Indian Tribal Energy Development and with 1 or more Alaska Native corporations the Secretary for commercial sale. to carry out a demonstration project to pro- Self-Determination Act Amendments of 2014; ‘‘(e) IMPLEMENTATION.—The Secretary or shall— mote biomass energy production (including (2) an application for an original license, if ‘‘(1) ensure that the criteria described in biofuel, heat, and electricity generation) on the Commission has issued a notice accept- subsection (c) are publicly available by not forest land of the Alaska Native corporations ing that application for filing pursuant to later than 120 days after the date of enact- and in nearby communities by providing reli- section 4.32(d) of title 18, Code of Federal ment of this section; and able supplies of woody biomass from Federal Regulations (or successor regulations), be- ‘‘(2) to the maximum extent practicable, land. fore the date of enactment of the Indian consult with Indian tribes and appropriate (3) DEMONSTRATION PROJECTS.—In each fis- Tribal Energy Development and Self-Deter- intertribal organizations likely to be af- cal year for which projects are authorized, at mination Act Amendments of 2014. fected in developing the application and oth- least 1 new demonstration project that (c) DEFINITION OF INDIAN TRIBE.—For pur- erwise carrying out this section. meets the eligibility criteria described in poses of section 7(a) of the Federal Power ‘‘(f) REPORT.—Not later than September 20, paragraph (4) shall be carried out under con- Act (16 U.S.C. 800(a)) (as amended by sub- 2017, the Secretary shall submit to Congress tracts or agreements described in paragraph section (a)), the term ‘‘Indian tribe’’ has the a report that describes, with respect to the (2). meaning given the term in section 4 of the reporting period— (4) ELIGIBILITY CRITERIA.—To be eligible to Indian Self-Determination and Education ‘‘(1) each individual tribal application re- enter into a contract or agreement under Assistance Act (25 U.S.C. 450b). ceived under this section; and this subsection, an Alaska Native corpora- SEC. 2202. TRIBAL BIOMASS DEMONSTRATION ‘‘(2) each contract and agreement entered tion shall submit to the Secretary an appli- PROJECT. into pursuant to this section. cation— (a) PURPOSE.—The purpose of this section ‘‘(g) INCORPORATION OF MANAGEMENT (A) containing such information as the is to establish a biomass demonstration PLANS.—In carrying out a contract or agree- Secretary may require; and project for federally recognized Indian tribes ment under this section, on receipt of a re- (B) that includes a description of— and Alaska Native corporations to promote quest from an Indian tribe, the Secretary (i) the forest land or rangeland under the biomass energy production. shall incorporate into the contract or agree- jurisdiction of the Alaska Native corpora- (b) TRIBAL BIOMASS DEMONSTRATION ment, to the maximum extent practicable, tion; and PROJECT.—The Tribal Forest Protection Act management plans (including forest manage- (ii) the demonstration project proposed to of 2004 (Public Law 108–278; 118 Stat. 868) is ment and integrated resource management be carried out by the Alaska Native corpora- amended— plans) in effect on the Indian forest land or tion. (1) in section 2(a), by striking ‘‘In this sec- rangeland of the respective Indian tribe. (5) SELECTION.—In evaluating the applica- tion’’ and inserting ‘‘In this Act’’; and ‘‘(h) TERM.—A contract or agreement en- tions submitted under paragraph (4), the Sec- (2) by adding at the end the following: tered into under this section— retary shall— ‘‘SEC. 3. TRIBAL BIOMASS DEMONSTRATION ‘‘(1) shall be for a term of not more than 20 (A) take into consideration whether a pro- PROJECT. years; and posed project would— ‘‘(a) STEWARDSHIP CONTRACTS OR SIMILAR ‘‘(2) may be renewed in accordance with (i) increase the availability or reliability AGREEMENTS.—For each of fiscal years 2015 this section for not more than an additional of local or regional energy; through 2019, the Secretary shall enter into 10 years.’’. (ii) enhance the economic development of stewardship contracts or similar agreements (c) ALASKA NATIVE CORPORATION BIOMASS the Alaska Native corporation; (excluding direct service contracts) with In- DEMONSTRATION PROJECT.— (iii) result in or improve the connection of dian tribes to carry out demonstration (1) DEFINITIONS.—In this subsection: electric power transmission facilities serving projects to promote biomass energy produc- (A) ALASKA NATIVE CORPORATION.—The the Alaska Native corporation with other tion (including biofuel, heat, and electricity term ‘‘Alaska Native corporation’’ has the electric transmission facilities; generation) on Indian forest land and in meaning given the term ‘‘Native Corpora- (iv) improve the forest health or water- nearby communities by providing reliable tion’’ in section 3 of the Alaska Native sheds of Federal land or Alaska Native cor- supplies of woody biomass from Federal land. Claims Settlement Act (43 U.S.C. 1602). poration forest land or rangeland;

VerDate Mar 15 2010 02:27 May 07, 2014 Jkt 039060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A06MY6.029 S06MYPT1 jbell on DSK7SPTVN1PROD with SENATE May 6, 2014 CONGRESSIONAL RECORD — SENATE S2729 (v) demonstrate new investments in infra- an Indian tribe or by an Indian tribe subject KIRK, Mr. ISAKSON, Mr. GRASSLEY, Mr. structure; or to Federal restrictions against alienation, RUBIO, Mrs. FISCHER, Mr. COBURN, Mr. (vi) otherwise promote the use of woody any appraisal relating to fair market value MCCAIN, Mr. CORKER, Mr. HATCH, Mr. biomass; and of those resources required to be prepared COCHRAN, Mr. BARRASSO, Mr. VITTER, (B) exclude from consideration any mer- under applicable law may be prepared by— chantable logs that have been identified by ‘‘(1) the Secretary; Mr. RISCH, Mr. BOOZMAN, Mr. BURR, Mr. the Secretary for commercial sale. ‘‘(2) the affected Indian tribe; or GRAHAM, Mr. HELLER, Mr. PAUL, Mr. (6) IMPLEMENTATION.—The Secretary ‘‘(3) a certified, third-party appraiser pur- MORAN, Mr. CRUZ, Mr. SHELBY, Ms. shall— suant to a contract with the Indian tribe. AYOTTE, and Ms. COLLINS) submitted an (A) ensure that the criteria described in ‘‘(b) SECRETARIAL REVIEW AND APPROVAL.— amendment intended to be proposed by paragraph (4) are publicly available by not Not later than 45 days after the date on him to the bill S. 2262, to promote en- later than 120 days after the date of enact- which the Secretary receives an appraisal ergy savings in residential buildings ment of this subsection; and prepared by or for an Indian tribe under and industry, and for other purposes; (B) to the maximum extent practicable, paragraph (2) or (3) of subsection (a), the Sec- which was ordered to lie on the table; consult with Alaska Native corporations and retary shall— appropriate Alaska Native organizations ‘‘(1) review the appraisal; and as follows: likely to be affected in developing the appli- ‘‘(2) approve the appraisal unless the Sec- At the beginning of title V, insert the fol- cation and otherwise carrying out this sub- retary determines that the appraisal fails to lowing: section. meet the standards set forth in regulations SEC. 5ll. KEYSTONE XL APPROVAL. (7) REPORT.—Not later than September 20, promulgated under subsection (d). (a) IN GENERAL.—TransCanada Keystone 2017, the Secretary shall submit to Congress ‘‘(c) NOTICE OF DISAPPROVAL.—If the Sec- Pipeline, L.P. may construct, connect, oper- a report that describes, with respect to the retary determines that an appraisal sub- ate, and maintain the pipeline and cross-bor- reporting period— mitted for approval under subsection (b) der facilities described in the application (A) each individual application received should be disapproved, the Secretary shall filed on May 4, 2012, by TransCanada Cor- under this subsection; and give written notice of the disapproval to the poration to the Department of State (includ- (B) each contract and agreement entered Indian tribe and a description of— ing any subsequent revision to the pipeline into pursuant to this subsection. ‘‘(1) each reason for the disapproval; and route within the State of Nebraska required (8) TERM.—A contract or agreement en- ‘‘(2) how the appraisal should be corrected or authorized by the State of Nebraska). tered into under this subsection— or otherwise cured to meet the applicable (b) ENVIRONMENTAL IMPACT STATEMENT.— The Final Supplemental Environmental Im- (A) shall be for a term of not more than 20 standards set forth in the regulations pro- pact Statement issued by the Secretary of years; and mulgated under subsection (d). State in January 2014, regarding the pipeline (B) may be renewed in accordance with ‘‘(d) REGULATIONS.—The Secretary shall referred to in subsection (a), and the envi- this subsection for not more than an addi- promulgate regulations to carry out this sec- ronmental analysis, consultation, and review tional 10 years. tion, including standards the Secretary shall described in that document (including appen- SEC. 2203. WEATHERIZATION PROGRAM. use for approving or disapproving the ap- praisal described in subsection (a).’’. dices) shall be considered to fully satisfy— Section 413(d) of the Energy Conservation (1) all requirements of the National Envi- and Production Act (42 U.S.C. 6863(d)) is SEC. 2205. LEASES OF RESTRICTED LANDS FOR NAVAJO NATION. ronmental Policy Act of 1969 (42 U.S.C. 4321 amended— et seq.); and (1) by striking paragraph (1) and inserting (a) IN GENERAL.—Subsection (e)(1) of the first section of the Act of August 9, 1955 (2) any other provision of law that requires the following: Federal agency consultation or review (in- ‘‘(1) RESERVATION OF AMOUNTS.— (commonly known as the ‘‘Long-Term Leas- ing Act’’) (25 U.S.C. 415(e)(1)), is amended— cluding the consultation or review required ‘‘(A) IN GENERAL.—Subject to subparagraph under section 7(a) of the Endangered Species (B) and notwithstanding any other provision (1) by striking ‘‘, except a lease for’’ and inserting ‘‘, including a lease for’’; Act of 1973 (16 U.S.C. 1536(a))) with respect to of this part, the Secretary shall reserve from the pipeline and facilities referred to in sub- amounts that would otherwise be allocated (2) by striking subparagraph (A) and in- serting the following: section (a). to a State under this part not less than 100 (c) PERMITS.—Any Federal permit or au- ‘‘(A) in the case of a business or agricul- percent, but not more than 150 percent, of an thorization issued before the date of enact- tural lease, 99 years;’’; amount which bears the same proportion to ment of this Act for the pipeline and cross- (3) in subparagraph (B), by striking the pe- the allocation of that State for the applica- border facilities referred to in subsection (a) riod at the end and inserting ‘‘; and’’; and ble fiscal year as the population of all low- shall remain in effect. (4) by adding at the end the following: income members of an Indian tribe in that (d) FEDERAL JUDICIAL REVIEW.—Any legal State bears to the population of all low-in- ‘‘(C) in the case of a lease for the explo- challenge to a Federal agency action regard- come individuals in that State. ration, development, or extraction of any ing the pipeline and cross-border facilities ‘‘(B) RESTRICTIONS.—Subparagraph (A) mineral resource (including geothermal re- described in subsection (a), and the related shall apply only if— sources), 25 years, except that— facilities in the United States, that are ap- ‘‘(i) the tribal organization serving the ‘‘(i) any such lease may include an option proved by this Act, and any permit, right-of- low-income members of the applicable Indian to renew for 1 additional term of not to ex- way, or other action taken to construct or tribe requests that the Secretary make a ceed 25 years; and complete the project pursuant to Federal grant directly; and ‘‘(ii) any such lease for the exploration, de- law, shall only be subject to judicial review ‘‘(ii) the Secretary determines that the velopment, or extraction of an oil or gas re- on direct appeal to the United States Court low-income members of the applicable Indian source shall be for a term of not to exceed 10 of Appeals for the District of Columbia Cir- tribe would be equally or better served by years, plus such additional period as the cuit. making a grant directly than a grant made Navajo Nation determines to be appropriate (e) PRIVATE PROPERTY SAVINGS CLAUSE.— to the State in which the low-income mem- in any case in which an oil or gas resource is Nothing in this Act alters any Federal, bers reside.’’; produced in a paying quantity.’’. State, or local process or condition in effect (2) in paragraph (2)— (b) GAO REPORT.—Not later than 5 years on the date of enactment of this Act that is (A) by striking ‘‘The sums’’ and inserting after the date of enactment of this Act, the necessary to secure access from an owner of ‘‘ADMINISTRATION.—The amounts’’; Comptroller General of the United States private property to construct the pipeline (B) by striking ‘‘on the basis of his deter- shall prepare and submit to Congress a re- and cross-border facilities described in sub- mination’’; port describing the progress made in car- section (a). (C) by striking ‘‘individuals for whom such rying out the amendment made by sub- a determination has been made’’ and insert- section (a)(4). SA 2992. Mr. TESTER (for himself ing ‘‘low-income members of the Indian and Mr. HELLER) submitted an amend- tribe’’; and SA 2991. Mr. HOEVEN (for himself, ment intended to be proposed by him (D) by striking ‘‘he’’ and inserting ‘‘the Ms. LANDRIEU, Mr. MCCONNELL, Ms. to the bill S. 2262, to promote energy Secretary’’; and MURKOWSKI, Mr. BEGICH, Mr. PORTMAN, savings in residential buildings and in- (3) in paragraph (3), by striking ‘‘In order’’ Mr. PRYOR, Mr. JOHNSON of Wisconsin, dustry, and for other purposes; which and inserting ‘‘APPLICATION.—In order’’. Ms. HEITKAMP, Mr. WICKER, Mr. WAR- was ordered to lie on the table; as fol- SEC. 2204. APPRAISALS. NER, Mr. CRAPO, Mr. DONNELLY, Mr. lows: (a) IN GENERAL.—Title XXVI of the Energy THUNE, Mr. WALSH, Mr. JOHANNS, Mr. Policy Act of 1992 (25 U.S.C. 3501 et seq.) is At the end of title IV, add the following: MANCHIN, Mr. BLUNT, Mrs. MCCASKILL, amended by adding at the end the following: Subtitle F—Public Land Renewable Energy Mr. ALEXANDER, Mr. TESTER, Mr. ‘‘SEC. 2607. APPRAISALS. Development NHOFE AGAN LAKE ‘‘(a) IN GENERAL.—For any transaction I , Mrs. H , Mr. F , Mr. SEC. 451. SHORT TITLE. that requires approval of the Secretary and ROBERTS, Mr. CHAMBLISS, Mr. ENZI, Mr. This subtitle may be cited as the ‘‘Public involves mineral or energy resources held in TOOMEY, Mr. LEE, Mr. SESSIONS, Mr. Land Renewable Energy Development Act of trust by the United States for the benefit of SCOTT, Mr. COATS, Mr. CORNYN, Mr. 2014’’.

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PART I—GEOTHERMAL ENERGY (b) EFFECT ON PROCESSING APPLICATIONS.— site for which a notice of intent has been SEC. 461. EXTENSION OF FUNDING FOR IMPLE- The requirement for completion of pro- issued. MENTATION OF GEOTHERMAL grammatic environmental impact state- (3) QUALIFICATIONS.—Prior to any lease STEAM ACT OF 1970. ments under this section shall not result in sale, the Secretary shall establish qualifica- (a) IN GENERAL.—Section 234(a) of the En- any delay in processing or approving applica- tions for bidders that ensure bidders— ergy Policy Act of 2005 (42 U.S.C. 15873(a)) is tions for wind or solar development on Na- (A) are able to expeditiously develop a amended by striking ‘‘in the first 5 fiscal tional Forest System land. wind or solar energy project on the site for years beginning after the date of enactment (c) MILITARY INSTALLATIONS.— lease; of this Act’’ and inserting ‘‘through fiscal (1) REPORT.—Not later than 2 years after (B) possess— year 2020’’. the date of enactment of this Act, the Sec- (i) financial resources necessary to com- (b) AUTHORIZATION.—Section 234(b) of the retary of Defense, in consultation with the plete a project; Energy Policy Act of 2005 (42 U.S.C. 15873(b)) Secretary of the Interior, shall conduct a (ii) knowledge of the applicable tech- is amended— study, and prepare a report, for States that nology; and (1) by striking ‘‘Amounts’’ and inserting have not completed the analysis that— (iii) such other qualifications as are deter- the following: (A) identifies locations on land withdrawn mined appropriate by the Secretary; and ‘‘(1) IN GENERAL.—Amounts’’; and from the public domain and reserved for (C) meet the eligibility requirements for (2) by adding at the end the following: military purposes that— leasing under the first section of the Mineral ‘‘(2) AUTHORIZATION.—Effective for fiscal (i) exhibit a high potential for solar, wind, Leasing Act (30 U.S.C. 181). year 2015 and each fiscal year thereafter, geothermal, or other renewable energy pro- (4) LEASE SALES.— amounts deposited under subsection (a) shall duction; (A) IN GENERAL.—Except as provided in be available to the Secretary of the Interior (ii) are disturbed or otherwise have com- subparagraph (D)(ii), not later than 180 days for expenditure, subject to appropriation and paratively low value for other resources; and after the date sites are selected under para- without fiscal year limitation, to implement (iii) could be developed for renewable en- graph (2), the Secretary shall offer each site the Geothermal Steam Act of 1970 (30 U.S.C. ergy production in a manner consistent with for competitive leasing to qualified bidders 1001 et seq.) and this Act.’’. all present and reasonably foreseeable mili- under such terms and conditions as are re- tary training and operational missions and quired by the Secretary. PART II—DEVELOPMENT OF SOLAR AND research, development, testing, and evalua- (B) BIDDING SYSTEMS.— WIND ENERGY ON PUBLIC LAND tion requirements; and (i) IN GENERAL.—In offering the sites for SEC. 471. DEFINITIONS. (B) describes the administration of public lease, the Secretary may vary the bidding In this part: land withdrawn for military purposes for the systems to be used at each lease sale, to en- (1) COVERED LAND.—The term ‘‘covered development of commercial-scale renewable sure a fair return to the public, including— land’’ means land that is— energy projects, including the legal authori- (I) cash bonus bids with a requirement for (A)(i) public land administered by the Sec- ties governing authorization for that use. payment of the royalty established under retary; or (2) ENVIRONMENTAL IMPACT ANALYSIS.—Not this subtitle; (ii) National Forest System land adminis- later than 1 year after the completion of the (II) variable royalty bids based on a per- tered by the Secretary of Agriculture; and study required by paragraph (1), the Sec- centage of the gross proceeds from the sale (B) not excluded from the development of retary of Defense, in consultation with the of electricity produced from the lease, except solar or wind energy under— Secretary of the Interior, shall prepare and that the royalty shall not be less than the (i) a land use plan established under the publish in the Federal Register a notice of royalty required under this subtitle, to- Federal Land Policy and Management Act of intent to prepare an environmental impact gether with a fixed cash bonus; and 1976 (43 U.S.C. 1701 et seq.); analysis document to support a program to (III) such other bidding system as ensures (ii) a land use plan established under the develop renewable energy on withdrawn a fair return to the public consistent with National Forest Management Act of 1976 (16 military land identified in the study as suit- the royalty established under this subtitle. U.S.C. 1600 et seq.); or able for the production. (ii) ROUND.—The Secretary shall limit bid- (iii) other law. (3) REPORTS.—On completion of the report, ding to 1 round in any lease sale. (2) PILOT PROGRAM.—The term ‘‘pilot pro- the Secretary and the Secretary of Defense (iii) EXPENDITURES.—In any case in which gram’’ means the wind and solar leasing shall jointly submit the report required by the land that is subject to lease has 1 or pilot program established under section paragraph (1) to— more pending applications for the develop- 473(a). (A) the Committee on Armed Services of ment of wind or solar energy at the time of (3) PUBLIC LAND.—The term ‘‘public land’’ the Senate; the lease sale, the Secretary shall give credit has the meaning given the term ‘‘public (B) the Committee on Energy and Natural toward any bid submitted by the applicant lands’’ in section 103 of the Federal Land Resources of the Senate; for expenditures of the applicant considered Policy and Management Act of 1976 (43 (C) the Committee on Armed Services of by the Secretary to be qualified and nec- U.S.C. 1702). the House of Representatives; and essary for the preparation of the application. (4) SECRETARIES.—The term ‘‘Secretaries’’ (D) the Committee on Natural Resources of (C) REVENUES.—Bonus bids, royalties, rent- means— the House of Representatives. als, fees, or other payments collected by the (A) in the case of public land administered SEC. 473. DEVELOPMENT OF SOLAR AND WIND Secretary under this section shall be subject by the Secretary, the Secretary; and ENERGY ON PUBLIC LAND. to section 474. (B) in the case of National Forest System (a) PILOT PROGRAM.— (D) LEASE TERMS.— land administered by the Secretary of Agri- (1) IN GENERAL.—Not later than 180 days (i) IN GENERAL.—As part of the pilot pro- culture, the Secretary of Agriculture. after the date of enactment of this Act, the gram, the Secretary may vary the length of (5) SECRETARY.—The term ‘‘Secretary’’ Secretary shall establish a wind and solar the lease terms and establish such other means the Secretary of the Interior. leasing pilot program on covered land ad- lease terms and conditions as the Secretary SEC. 472. PROGRAMMATIC ENVIRONMENTAL IM- ministered by the Secretary. considers appropriate. PACT STATEMENTS AND LAND USE (2) SELECTION OF SITES.— (ii) DATA COLLECTION.—As part of the pilot PLANNING. (A) IN GENERAL.—Not later than 90 days program, the Secretary shall— (a) NATIONAL FOREST SYSTEM LAND.—As after the date the pilot program is estab- (I) offer on a noncompetitive basis on at soon as practicable but not later than 2 years lished under this subsection, the Secretary least 1 site a short-term lease for data collec- after the date of enactment of this Act, the shall (taking into consideration the multiple tion; and Secretary of Agriculture shall— resource values of the land) select 2 sites (II) on the expiration of the short-term (1) prepare and publish in the Federal Reg- that are appropriate for the development of lease, offer on a competitive basis a long- ister a notice of intent to prepare a pro- a solar energy project, and 2 sites that are term lease, giving credit toward the bonus grammatic environmental impact statement appropriate for the development of a wind bid to the holder of the short-term lease for in accordance with the National Environ- energy project, on covered land administered any qualified expenditures to collect data to mental Policy Act of 1969 (42 U.S.C. 4321 et by the Secretary as part of the pilot pro- develop the site during the short-term lease. seq.) to analyze the potential impacts of— gram. (5) COMPLIANCE WITH LAWS.—In offering for (A) a program to develop solar and wind (B) SITE SELECTION.—In carrying out sub- lease the selected sites under paragraph (4), energy on National Forest System land ad- paragraph (A), the Secretary shall seek to the Secretary shall comply with all applica- ministered by the Secretary of Agriculture; select sites— ble environmental and other laws. and (i) for which there is likely to be a high (6) REPORT.—The Secretary shall— (B) any necessary amendments to land use level of industry interest; (A) compile a report of the results of each plans for the land; and (ii) that have a comparatively low value lease sale under the pilot program, includ- (2) amend any land use plans as appro- for other resources; and ing— priate to provide for the development of re- (iii) that are representative of sites on (i) the level of competitive interest; newable energy in areas considered appro- which solar or wind energy is likely to be de- (ii) a summary of bids and revenues re- priate by the Secretary of Agriculture imme- veloped on covered land. ceived; and diately on completion of the programmatic (C) INELIGIBLE SITES.—The Secretary shall (iii) any other factors that may have im- environmental impact statement. not select as part of the pilot program any pacted the lease sale process; and

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(B) not later than 90 days after the final (A) IN GENERAL.—Effective beginning on (D) the covered land is eligible to be grant- lease sale, submit to the Committee on En- the date on which the wind or solar leasing ed a noncompetitive lease under subsection ergy and Natural Resources of the Senate programs are established and final regula- (c). and the Committee on Natural Resources of tions are issued, the Secretaries shall not (f) PAYMENTS.— the House of Representatives the report de- renew an existing right-of-way or other au- (1) IN GENERAL.—The Secretaries shall scribed in subparagraph (A). thorization for wind or solar energy develop- jointly establish— (7) RIGHTS-OF-WAY.—During the pendency ment at the end of the term of the right-of- (A) fees, rentals, bonuses, or other pay- of the pilot program, the Secretary shall way or authorization. ments to ensure a fair return to the United continue to issue rights-of-way, in compli- (B) LEASE.— States for any lease issued under this sec- ance with authority in effect on the date of (i) IN GENERAL.—Subject to clause (ii), at tion; and enactment of this Act, for available sites not the end of the term of the right-of-way or (B) royalties pursuant to section 475 that selected for the pilot program. other authorization for the wind or solar en- apply to all leases issued under this section. (b) SECRETARIAL DETERMINATION.— ergy project, the Secretary or, in the case of (2) BONUS BIDS.—The Secretaries may (1) IN GENERAL.—Not later than 2 years National Forest System land, the Secretary grant credit toward any bonus bid for a after the date of enactment of this Act, the of Agriculture, shall grant, without a com- qualified expenditure by the holder of a lease Secretaries shall make a joint determination petitive process, a lease to the holder of the described in subsection (e)(2)(C) in any com- on whether to establish a leasing program right-of-way or other authorization for the petitive lease sale held for a long-term lease under this section for wind or solar energy, same covered land as was authorized under covering the same land covered by the lease or both, on all covered land. the right-of-way or other authorization if (as described in subsection (e)(2)(C). (2) SYSTEM.—If the Secretaries determine determined by the Secretary concerned)— (g) QUALIFICATIONS.—Prior to any lease that a leasing program should be established, (I) the holder of the right-of-way or other sale, the Secretary shall establish qualifica- the program shall apply to all covered land authorization has met the requirements of tions for bidders that ensure bidders meet in accordance with this subtitle and other diligent development; and the requirements described in subsection provisions of law applicable to public land or (II) issuance of the lease is in the public in- (a)(3). National Forest System land. terest and consistent with applicable law. (h) REQUIREMENTS.—The Secretaries shall (3) ESTABLISHMENT.—The Secretaries shall (ii) TERMS AND CONDITIONS.—Any lease de- ensure that any activity under a leasing pro- establish a leasing program unless the Secre- scribed in clause (i) shall be subject to— gram is carried out in a manner that— taries determine that the program— (I) terms and conditions that are con- (1) is consistent with all applicable land (A) is not in the public interest; and sistent with this subtitle and the regulations use planning, environmental, and other laws; (B) does not provide an effective means of issued under this subtitle; and and developing wind or solar energy. (II) the regulations in effect on the date of (2) provides for— (4) CONSULTATION.—In making the deter- renewal and any other terms and conditions (A) safety; minations required under this subsection, that the Secretary considers necessary to the Secretaries shall consult with— protect the public interest. (B) protection of the environment and fish and wildlife habitat; (A) the heads of other relevant Federal (3) PENDING RIGHTS-OF-WAY.—Effective be- agencies; ginning on the date on which the wind or (C) mitigation of impacts; (B) interested States, Indian tribes, and solar leasing programs are established and (D) prevention of waste; local governments; final regulations for the programs are issued, (E) diligent development of the resource, (C) representatives of the solar and wind the Secretary or, with respect to National with specific milestones to be met by the les- industries; Forest System land, the Secretary of Agri- see as determined by the Secretaries; (D) representatives of the environment, culture shall provide any applicant that has (F) coordination with applicable Federal conservation, and outdoor sporting commu- filed a plan of development for a right-of- agencies; nities; way or, in the case of National Forest Sys- (G) a fair return to the United States for (E) other users of the covered land; and tem land, for an applicable authorization, for any lease; (F) the public. a wind or solar energy project with an option (H) use of best management practices, in- (5) CONSIDERATIONS.—In making the deter- to acquire a lease on a noncompetitive basis, cluding planning and practices for mitiga- minations required under this subsection, under such terms and conditions as are re- tion of impacts; the Secretaries shall consider the results of quired by this subtitle, applicable regula- (I) public notice and comment on any pro- the pilot program. tions, and the Secretary concerned, for the posal submitted for a lease under this sec- (6) REGULATIONS.—Not later than 1 year same covered land included in the plan of de- tion; after the date on which any determination is velopment if— (J) oversight, inspection, research, moni- made to establish a leasing program, the (A) the plan of development has been deter- toring, and enforcement relating to a lease Secretaries shall jointly promulgate final mined by the Secretary concerned to be ade- under this section; regulations to implement the program. quate for the initiation of environmental re- (K) the quantity of acreage to be commen- (7) REPORT.—If the Secretaries determine view; surate with the size of the project covered by that a leasing program should not be estab- (B) granting the lease is consistent with all a lease; and lished, not later than 60 days after the date applicable land use planning, environmental, (L) efficient use of water resources. of the determination, the Secretaries shall and other laws; (i) LEASE DURATION, SUSPENSION, AND CAN- jointly submit to the Committee on Energy (C) the applicant has made a good faith ef- CELLATION.— and Natural Resources of the Senate and the fort to obtain a right-of-way or, in the case (1) DURATION.—A lease under this section Committee on Natural Resources of the of National Forest System land, other au- shall be for— House of Representatives a report describing thorization, for the project; and (A) an initial term of 25 years; and the basis and findings for the determination. (D) issuance of the lease is in the public in- (B) any additional period after the initial (c) TRANSITION.— terest. term during which electricity is being pro- (1) IN GENERAL.—If the Secretaries deter- (d) LEASING PROGRAM.—If the Secretaries duced annually in commercial quantities mine under subsection (b) that a leasing pro- determine under subsection (b) that a leasing from the lease. gram should be established for covered land, program should be established, the program (2) ADMINISTRATION.—The Secretary shall until the program is established and final shall be established in accordance with sub- establish terms and conditions for the regulations for the program are issued— sections (e) through (k). issuance, transfer, renewal, suspension, and (A) the Secretary shall continue to accept (e) COMPETITIVE LEASES.— cancellation of a lease under this section. applications for rights-of-way on covered (1) IN GENERAL.—Except as provided in (3) READJUSTMENT.— land, and provide for the issuance of rights- paragraph (2), leases for wind or solar energy (A) IN GENERAL.—Royalties, rentals, and of-way on covered land within the jurisdic- development under this section shall be other terms and conditions of a lease under tion of the Secretary for the development of issued on a competitive basis with a single this section shall be subject to readjust- wind or solar energy pursuant to each re- round of bidding in any lease sale. ment— quirement described in title V of the Federal (2) EXCEPTIONS.—Paragraph (1) shall not (i) on the date that is 15 years after the Land Policy and Management Act of 1976 (43 apply if the Secretary or, with respect to Na- date on which the lease is issued; and U.S.C. 1761 et seq.) and other applicable law; tional Forest System land, the Secretary of (ii) every 10 years thereafter. and Agriculture determines that— (B) LEASE.—Each lease issued under this (B) the Secretary of Agriculture shall con- (A) no competitive interest exists for the subtitle shall provide for readjustment in ac- tinue to accept applications for authoriza- covered land; cordance with subparagraph (A). tions, and provide for the issuance of the au- (B) the public interest would not be served (j) SURFACE-DISTURBING ACTIVITIES.—The thorizations, for the development of wind or by the competitive issuance of a lease; Secretaries shall— solar energy on covered land within the ju- (C) the lease is for the placement and oper- (1) regulate all surface-disturbing activi- risdiction of the Secretary pursuant to appli- ation of a meteorological or data collection ties conducted pursuant to any lease issued cable law. facility or for the development or dem- under this section; and (2) EXISTING RIGHTS-OF-WAY AND AUTHORIZA- onstration of a new wind or solar technology (2) require any necessary reclamation and TIONS.— and has a term of not more than 5 years; or other actions under the lease as are required

VerDate Mar 15 2010 02:27 May 07, 2014 Jkt 039060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A06MY6.030 S06MYPT1 jbell on DSK7SPTVN1PROD with SENATE S2732 CONGRESSIONAL RECORD — SENATE May 6, 2014 in the interest of conservation of surface re- (ii) securing recreational access to Federal (2) the royalty reduction is in the public sources. land through an easement, right-of-way, or interest. (k) SECURITY.—The Secretaries shall re- fee title acquisition from willing sellers for (f) PERIODIC REVIEW AND REPORT.— quire the holder of a lease issued under this the purpose of providing enhanced public ac- (1) IN GENERAL.—Not later than 5 years section— cess to existing Federal land that is inacces- after the date of enactment of this Act and (1) to furnish a surety bond or other form sible or significantly restricted; and every 5 years thereafter, the Secretary, in of security, as prescribed by the Secretaries; (iii) carrying out activities authorized consultation with the Secretary of Agri- (2) to provide for the reclamation and res- under the Land and Water Conservation culture, shall— toration of the area covered by the lease; and Fund Act of 1965 (16 U.S.C. 460l–4 et seq.) in (A) complete a review of collections and (3) to comply with such other requirements the State. impacts of the royalty and fees provided as the Secretaries consider necessary to pro- (B) ADVISORY BOARD.—The Secretary shall under this subtitle; and tect the interests of the public and the establish an independent advisory board (B) submit to the Committee on Energy United States. composed of key stakeholders and technical and Natural Resources of the Senate and the (l) PERIODIC REVIEW.—Not less frequently experts to provide recommendations and Committee on Natural Resources of the than once every 5 years, the Secretary shall guidance on the disposition of any amounts House of Representatives a report describing conduct a review of the adequacy of the sur- expended from the Fund. the results of the review. ety bond or other form of security provided (3) MITIGATION REQUIREMENTS.—The ex- (2) TOPICS.—The report shall address— by the holder of a lease issued under this sec- penditure of funds under this subsection (A) the total revenues received (by cat- tion. shall be in addition to any mitigation re- egory) on an annual basis as royalties from SEC. 474. DISPOSITION OF REVENUES. quirements imposed pursuant to any law, wind, solar, and geothermal development and (a) DISPOSITION OF REVENUES.—Of the regulation, or term or condition of any lease, production (specified by energy source) on amounts collected as bonus bids, royalties, right-of-way, or other authorization. covered land; rentals, fees, or other payments under a (4) INVESTMENT OF FUND.— (B) whether the revenues received for the right-of-way, permit, lease, or other author- (A) IN GENERAL.—Any amounts deposited development of wind, solar, and geothermal ization for the development of wind or solar in the Fund shall earn interest in an amount development are comparable to the revenues energy on covered land— determined by the Secretary of the Treasury received for similar development on State (1) 25 percent shall be paid by the Sec- on the basis of the current average market and private land; retary of the Treasury to the State within yield on outstanding marketable obligations (C) any impact on the development of the boundaries of which the income is de- of the United States of comparable matu- wind, solar, and geothermal development and rived; rities. production on covered land as a result of the (2) 25 percent shall be paid by the Sec- (B) USE.—Any interest earned under sub- royalties; and retary of the Treasury to the 1 or more coun- paragraph (A) may be expended in accord- (D) any recommendations with respect to ties within the boundaries of which the in- ance with this subsection. changes in Federal law (including regula- come is derived; tions) relating to the amount or method of (3) 15 percent shall— SEC. 475. ROYALTIES. collection (including auditing, compliance, (A) for the period beginning on the date of (a) IN GENERAL.—The Secretaries shall re- quire as a term and condition of any lease, and enforcement) of the royalties. enactment of this Act and ending on date the right-of-way, permit, or other authorization (g) REGULATIONS.—Not later than 1 year date that is 15 years after the date of enact- for the development of wind or solar energy after the date of enactment of this Act, the ment of this Act, be deposited in the Treas- on covered land the payment of a royalty es- Secretaries shall jointly issue final regula- ury of the United States to help facilitate tablished by the Secretaries pursuant to a tions to carry out this section. the processing of renewable energy permits joint rulemaking that shall be a percentage by the Bureau of Land Management, includ- SEC. 476. ENFORCEMENT OF ROYALTY AND PAY- of the gross proceeds from the sale of elec- MENT PROVISIONS. ing the transfer of the funds by the Bureau of tricity at a rate that— (a) DUTIES OF THE SECRETARY.—The Sec- Land Management to other Federal agencies (1) encourages production of solar or wind and State agencies to facilitate the proc- retary shall establish a comprehensive in- energy; spection, collection, fiscal, and production essing of renewable energy permits on Fed- (2) ensures a fair return to the public com- eral land; and accounting and auditing system— parable to the return that would be obtained (1) to accurately determine royalties, rent- (B) beginning on the date that is 15 years on State and private land; and after the date of enactment of this Act, be als, interest, fines, penalties, fees, deposits, (3) encourages the maximum energy gen- and other payments owed under this sub- deposited in the Fund; and eration while disturbing the least quantity (4) 35 percent shall be deposited in the Re- title; and of covered land and other natural resources, (2) to collect and account for the payments newable Energy Resource Conservation Fund including water. established by subsection (c). in a timely manner. (b) AMOUNT.—The royalty on electricity (b) APPLICABILITY OF OTHER LAW.—The (b) PAYMENTS TO STATES AND COUNTIES.— produced using wind or solar resources shall (1) IN GENERAL.—Except as provided in Federal Oil and Gas Royalty Management be— Act of 1982 (30 U.S.C. 1701 et seq.) (including paragraph (2), amounts paid to States and (1) not less than 1 percent, and not more counties under subsection (a) shall be used the civil and criminal enforcement provi- than 2.5 percent, of the gross proceeds from sions of that Act) shall apply to leases, per- consistent with section 35 of the Mineral the sale of electricity produced from the re- Leasing Act (30 U.S.C. 191). mits, rights-of-way, or other authorizations sources during the first 10 years of produc- issued for the development of solar or wind (2) IMPACTS ON FEDERAL LAND.—Not less tion; and than 33 percent of the amount paid to a energy on covered land and the holders and (2) not less than 2 percent, and not more operators of the leases, permits, rights-of- State shall be used on an annual basis for than 5 percent, of the gross proceeds from the purposes described in subsection way, or other authorizations (and designees) the sale of electricity produced from the re- under this title, except that in applying that (c)(2)(A). sources during each year after that initial (c) RENEWABLE ENERGY RESOURCE CON- Act— 10-year period. SERVATION FUND.— (1) ‘‘wind or solar leases, permits, rights- (c) DIFFERENT ROYALTY RATES.—The Sec- of-way, or other authorizations’’ shall be (1) IN GENERAL.—There is established in the retaries may establish— substituted for ‘‘oil and gas leases’’; Treasury a fund, to be known as the ‘‘Renew- (1) a different royalty rate for wind or (2) ‘‘electricity generated from wind or able Energy Resource Conservation Fund’’, solar energy generation; and solar resources’’ shall be substituted for ‘‘oil to be administered by the Secretary for use (2) a reduced royalty rate for projects lo- and gas’’ (when used as nouns); in regions impacted by the development of cated within a zone identified for develop- (3) ‘‘lease, permit, right-of-way, or other wind or solar energy. ment of solar or wind energy. authorization for the development of wind or (2) USE.— (d) ROYALTY IN LIEU OF RENT.—During the solar energy’’ shall be substituted for (A) IN GENERAL.—Amounts in the Fund period of production, a royalty shall be col- shall be available to the Secretary, who may lected in lieu of any rent for the land from ‘‘lease’’ and ‘‘lease for oil and gas’’ (when make amounts available to the Secretary of which the electricity is produced. used as nouns); and Agriculture and to other Federal or State (e) ROYALTY RELIEF.—To promote the gen- (4) ‘‘lessee, permittee, right-of-way holder, agencies, as appropriate, for the purposes eration of renewable energy, the Secretaries or holder of an authorization for the develop- of— may reduce any royalty otherwise required ment of wind or solar energy’’ shall be sub- (i) addressing and offsetting the impacts of on a showing by clear and convincing evi- stituted for ‘‘lessee’’. wind or solar development on Federal land, dence by the person holding a lease, right-of- SEC. 477. ENFORCEMENT. including restoring and protecting— way, permit, or other authorization for the (a) IN GENERAL.—Sections 302(c) and 303 of (I) fish and wildlife habitat for affected development of wind or solar energy on cov- the Federal Land Policy and Management species; ered land under which the generation of en- Act of 1976 (43 U.S.C. 1732(c), 1733) shall apply (II) fish and wildlife corridors for affected ergy is or will be produced in commercial to activities conducted on covered land species; and quantities that— under this title. (III) water resources in areas impacted by (1) collection of the full royalty would un- (b) APPLICABILITY OF OTHER ENFORCEMENT wind or solar energy development; reasonably burden energy generation; and PROVISIONS.—Nothing in this title reduces or

VerDate Mar 15 2010 02:27 May 07, 2014 Jkt 039060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A06MY6.030 S06MYPT1 jbell on DSK7SPTVN1PROD with SENATE May 6, 2014 CONGRESSIONAL RECORD — SENATE S2733 limits the enforcement authority vested in icy and Management Act of 1976 (43 U.S.C. amendment intended to be proposed by the Secretary or the Attorney General by 1764(g)). him to the bill S. 2262, to promote en- any other law. (b) FEES, CHARGES, AND COMMISSIONS.—Sec- ergy savings in residential buildings tion 304 of the Federal Land Policy and Man- SEC. 478. SEGREGATION FROM APPROPRIATION and industry, and for other purposes; UNDER MINING AND FEDERAL LAND agement Act of 1976 (43 U.S.C. 1734) shall LAWS. apply to an application made under section which was ordered to lie on the table; (a) IN GENERAL.—On covered land identi- 473. as follows: fied by the Secretary or the Secretary of Ag- At the end of the bill, add the following: riculture for the development of solar or SA 2993. Mrs. GILLIBRAND sub- DIVISION B—WEATHERIZATION AND wind power under this title or other applica- mitted an amendment intended to be STATE ENERGY PROGRAMS ble law, the Secretary or the Secretary of proposed by her to the bill S. 2262, to SEC. 2001. SHORT TITLE. Agriculture may temporarily segregate the promote energy savings in residential This division may be cited as the ‘‘Weath- identified land from appropriation under the buildings and industry, and for other erization Enhancement and Local Energy Ef- mining and public land laws. purposes; which was ordered to lie on ficiency Investment and Accountability (b) ADMINISTRATION.—Segregation of cov- the table; as follows: Act’’. ered land under this section— At the end of title V, add the following: SEC. 2002. FINDINGS. (1) may only be made for a period not to Congress finds that— exceed 10 years; and SECTION 504. USE OF FEDERAL DISASTER RE- (1) the State energy program established (2) shall be subject to valid existing rights LIEF AND EMERGENCY ASSISTANCE FOR ENERGY-EFFICIENT PRODUCTS under part D of title III of the Energy Policy as of the date of the segregation. AND STRUCTURES. and Conservation Act (42 U.S.C. 6321 et seq.) SEC. 479. REPORT. (a) IN GENERAL.—Title III of the Robert T. (referred to in this section as ‘‘SEP’’) and (a) STUDY.— Stafford Disaster Relief and Emergency As- the Weatherization Assistance Program for (1) IN GENERAL.—Not later than 180 days sistance Act (42 U.S.C. 5141 et seq.) is amend- Low-Income Persons established under part after the date of enactment of this Act, the ed by adding at the end the following: A of title IV of the Energy Conservation and Secretaries shall carry out a study on the ‘‘SEC. 327. USE OF ASSISTANCE FOR ENERGY-EF- Production Act (42 U.S.C. 6861 et seq.) (re- siting, development, and management of FICIENT PRODUCTS AND STRUC- ferred to in this section as ‘‘WAP’’) have projects to determine the feasibility of car- TURES. proven to be beneficial, long-term partner- rying out a conservation banking program ‘‘(a) DEFINITIONS.—In this section— ships among Federal, State, and local part- on land administered by the Secretaries. ‘‘(1) the term ‘energy-efficient product’ ners; (2) CONTENTS.—The study under paragraph means a product that— (2) the SEP and the WAP have been reau- (1) shall— ‘‘(A) meets or exceeds the requirements for thorized on a bipartisan basis over many (A) identify areas in which— designation under an Energy Star program years to address changing national, regional, (i) privately owned land is not available to established under section 324A of the of the and State circumstances and needs, espe- offset the impacts of solar or wind energy de- Energy Policy and Conservation Act of 1975 cially through— velopment on federally administered land; or (42 U.S.C. 6294a); or (A) the Energy Policy and Conservation (ii) mitigation investments on federally ‘‘(B) meets or exceeds the requirements for Act (42 U.S.C. 6201 et seq.); administered land are likely to provide designation as being among the highest 25 (B) the Energy Conservation and Produc- greater conservation value for impacts of percent of equivalent products for energy ef- tion Act (42 U.S.C. 6801 et seq.); solar or wind energy development on feder- ficiency under the Federal Energy Manage- (C) the State Energy Efficiency Programs ally administered land; and ment Program; and Improvement Act of 1990 (Public Law 101–440; (B) examine— ‘‘(2) the term ‘energy-efficient structure’ 104 Stat. 1006); (i) the effectiveness of laws (including reg- means a residential structure, a public facil- (D) the Energy Policy Act of 1992 (42 U.S.C. ulations) and policies in effect on the date of ity, or a private nonprofit facility that 13201 et seq.); enactment of this Act in facilitating the de- meets or exceeds the requirements of Amer- (E) the Energy Policy Act of 2005 (42 U.S.C. velopment of conservation banks; ican Society of Heating, Refrigerating and 15801 et seq.); and (ii) the advantages and disadvantages of Air-Conditioning Engineers Standard 90.1– (F) the Energy Independence and Security using conservation banks on Federal land to 2010 or the 2013 International Energy Con- Act of 2007 (42 U.S.C. 17001 et seq.); mitigate impacts to natural resources on pri- servation Code, or any successor thereto. (3) the SEP, also known as the ‘‘State en- vate land; and ‘‘(b) USE OF ASSISTANCE.—A recipient of as- ergy conservation program’’— (A) was first created in 1975 to implement (iii) any changes in Federal law (including sistance relating to a major disaster or a State-based, national program in support regulations) or policy necessary to further emergency may use the assistance to replace of energy efficiency, renewable energy, eco- develop a Federal conservation banking pro- or repair a damaged product or structure nomic development, energy emergency pre- gram. with an energy-efficient product or energy- paredness, and energy policy; and (b) REPORT TO CONGRESS.—Not later than efficient structure.’’. (B) has come to operate in every sector of 18 months after the date of enactment of this (b) APPLICABILITY.—The amendment made the economy in support of the private sector Act, the Secretaries shall jointly submit to by this section shall apply to assistance to improve productivity and has dramati- Congress a report that includes— made available under the Robert T. Stafford cally reduced the cost of government (1) the recommendations of the Secretaries Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) before, on, or after through energy savings at the State and relating to— the date of enactment of this Act that is ex- local levels; (A) the most effective system for Federal pended on or after the date of enactment of (4) Federal laboratory studies have con- land described in subsection (a)(2)(A) to meet this Act. cluded that, for every Federal dollar invested the goals of facilitating the development of a through the SEP, more than $7 is saved in conservation banking program on Federal SA 2994. Mr. KING submitted an energy costs and almost $11 in non-Federal land; and amendment intended to be proposed by funds is leveraged; (B) any change to Federal law (including him to the bill S. 2262, to promote en- (5) the WAP— regulations) or policy necessary to address (A) was first created in 1976 to assist low- more effectively the siting, development, ergy savings in residential buildings and industry, and for other purposes; income families in response to the first oil and management of conservation banking embargo; programs on Federal land to mitigate im- which was ordered to lie on the table; (B) has become the largest residential en- pacts to natural resources on private land; as follows: ergy conservation program in the United and At the beginning of title V, insert the fol- States, with more than 7,100,000 homes (2) any administrative action to be taken lowing: weatherized since the WAP was created; by the Secretaries in response to the rec- SEC. 5ll. FUEL SWITCHING UNDER WEATHER- (C) saves an estimated 35 percent of con- ommendations. IZATION ASSISTANCE PROGRAM. sumption in the typical weatherized home, (c) AVAILABILITY TO THE PUBLIC.—Not later Section 415(c)(1) of the Energy Conserva- yielding average annual savings of $437 per than 30 days after the date on which the re- tion and Production Act (42 U.S.C. 6865(c)(1)) year in home energy costs; port described in subsection (b) is submitted is amended by striking subparagraph (E) and (D) has created thousands of jobs in both to Congress, the Secretaries shall make the inserting the following: the construction sector and in the supply results of the study available to the public. ‘‘(E) the cost of making heating and cool- chain of materials suppliers, vendors, and SEC. 480. APPLICABILITY OF LAW. ing modifications, including replacement (in- manufacturers who supply the WAP; (a) RENTAL FEE EXEMPTION.—Wind or solar cluding, at the option of the State, non- (E) returns $2.51 in energy savings for generation projects with a capacity of 20 renewable fuel switching when replacing fur- every Federal dollar spent in energy and megawatts or more that are issued a lease, naces or appliances if the new unit is more nonenergy benefits over the life of weather- right-of-way, permit, or other authorization efficient than the replaced unit).’’. ized homes; under applicable law shall not be subject to (F) serves as a foundation for residential the rental fee exemption for rights-of-way SA 2995. Mr. COONS (for himself, Ms. energy efficiency retrofit standards, tech- under section 504(g) of the Federal Land Pol- COLLINS, and Mr. REED) submitted an nical skills, and workforce training for the

VerDate Mar 15 2010 02:27 May 07, 2014 Jkt 039060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A06MY6.030 S06MYPT1 jbell on DSK7SPTVN1PROD with SENATE S2734 CONGRESSIONAL RECORD — SENATE May 6, 2014 emerging broader market and reduces resi- replicating widely the model low-income en- taining such information as the Secretary dential and power plant emissions of carbon ergy retrofit programs of the covered organi- may require. dioxide by 2.65 metric tons each year per zations; and ‘‘(3) AWARDS.—Not later than 90 days after home; and ‘‘(4) to ensure that the covered organiza- the date of issuance of a request for pro- (G) has decreased national energy con- tions make the energy retrofit programs of posals, the Secretary shall award grants sumption by the equivalent of 24,100,000 bar- the covered organizations self-sustaining by under this section. rels of oil annually; the time grant funds have been expended. ‘‘(f) ELIGIBLE USES OF GRANT FUNDS.—A (6) the WAP can be enhanced with the addi- ‘‘(b) DEFINITIONS.—In this section: grant under this section may be used for— ‘‘(1) COVERED ORGANIZATION.—The term tion of a targeted portion of the Federal ‘‘(1) energy efficiency audits, cost-effective ‘covered organization’ means an organiza- funds through an innovative program that retrofit, and related activities in different tion that— supports projects performed by qualified climatic regions of the United States; ‘‘(A) is described in section 501(c)(3) of the nonprofit organizations that have a dem- ‘‘(2) energy efficiency materials and sup- Internal Revenue Code of 1986 and exempt onstrated capacity to build, renovate, repair, plies; from taxation under 501(a) of that Code; and or improve the energy efficiency of a signifi- ‘‘(3) organizational capacity— ‘‘(B) has an established record of con- cant number of low-income homes, building ‘‘(A) to significantly increase the number structing, renovating, repairing, or making on the success of the existing program with- of energy retrofits; energy efficient a total of not less than 250 out replacing the existing WAP network or ‘‘(B) to replicate an energy retrofit pro- owner-occupied, single-family or multi- creating a separate delivery mechanism for gram in other States; and family homes per year for low-income house- basic WAP services; ‘‘(C) to ensure that the program is self-sus- holds, either directly or through affiliates, (7) the WAP has increased energy effi- taining after the Federal grant funds are ex- chapters, or other direct partners (using the ciency opportunities by promoting new, com- pended; most recent year for which data are avail- petitive public-private sector models of ret- ‘‘(4) energy efficiency, audit and retrofit able). rofitting low-income homes through new training, and ongoing technical assistance; ‘‘(2) LOW-INCOME.—The term ‘low-income’ Federal partnerships; ‘‘(5) information to homeowners on proper means an income level that is not more than (8) improved monitoring and reporting of maintenance and energy savings behaviors; 200 percent of the poverty level (as deter- the work product of the WAP has yielded ‘‘(6) quality control and improvement; mined in accordance with criteria estab- benefits, and expanding independent ‘‘(7) data collection, measurement, and lished by the Director of the Office of Man- verification of efficiency work will support verification; agement and Budget) applicable to a family the long-term goals of the WAP; ‘‘(8) program monitoring, oversight, eval- of the size involved, except that the Sec- (9) reports of the Government Account- uation, and reporting; retary may establish a higher or lower level ability Office in 2011, Inspector General’s of ‘‘(9) management and administration (up if the Secretary determines that a higher or the Department of Energy, and State audi- to a maximum of 10 percent of the total lower level is necessary to carry out this sec- tors have identified State-level deficiencies grant); tion. in monitoring efforts that can be addressed ‘‘(10) labor and training activities; and ‘‘(3) WEATHERIZATION ASSISTANCE PROGRAM in a manner that will ensure that WAP funds ‘‘(11) such other activities as the Secretary FOR LOW-INCOME PERSONS.—The term ‘Weath- are used more effectively; determines to be appropriate. (10) through the history of the WAP, the erization Assistance Program for Low-In- ‘‘(g) MAXIMUM AMOUNT.—The amount of a WAP has evolved with improvements in effi- come Persons’ means the program estab- grant provided under this section shall not ciency technology, including, in the 1990s, lished under this part (including part 440 of exceed— many States adopting advanced home energy title 10, Code of Federal Regulations). ‘‘(1) if the amount made available to carry audits, which has led to great returns on in- ‘‘(c) COMPETITIVE GRANT PROGRAM.—The out this section for a fiscal year is vestment; and Secretary shall make grants to covered orga- nizations through a national competitive $225,000,000 or more, $5,000,000; and (11) as the home energy efficiency industry process for use in accordance with this sec- ‘‘(2) if the amount made available to carry has become more performance-based, the tion. out this section for a fiscal year is less than WAP should continue to use those advances ‘‘(d) AWARD FACTORS.—In making grants $225,000,000, $1,500,000. in technology and the professional work- under this section, the Secretary shall con- ‘‘(h) GUIDELINES.— force. sider— ‘‘(1) IN GENERAL.—Not later than 90 days TITLE XXI—WEATHERIZATION ‘‘(1) the number of low-income homes the after the date of enactment of this section, ASSISTANCE PROGRAM applicant— the Secretary shall issue guidelines to imple- SEC. 2101. REAUTHORIZATION OF WEATHERIZA- ‘‘(A) has built, renovated, repaired, or ment the grant program established under TION ASSISTANCE PROGRAM. made more energy efficient as of the date of this section. the application; and Section 422 of the Energy Conservation and ‘‘(2) ADMINISTRATION.—The guidelines— Production Act (42 U.S.C. 6872) is amended ‘‘(B) can reasonably be projected to build, ‘‘(A) shall not apply to the Weatherization by striking ‘‘appropriated—’’ and all that renovate, repair, or make energy efficient Assistance Program for Low-Income Per- follows through the period at the end and in- during the 10-year period beginning on the sons, in whole or major part; but serting ‘‘appropriated $450,000,000 for each of date of the application; ‘‘(B) may rely on applicable provisions of fiscal years 2015 through 2019.’’. ‘‘(2) the qualifications, experience, and law governing the Weatherization Assistance SEC. 2102. GRANTS FOR NEW, SELF-SUSTAINING past performance of the applicant, including Program for Low-Income Persons to estab- LOW-INCOME, SINGLE-FAMILY AND experience successfully managing and ad- lish— MULTIFAMILY HOUSING ENERGY ministering Federal funds; ‘‘(i) standards for allowable expenditures; RETROFIT MODEL PROGRAMS TO ‘‘(3) the number and diversity of States and ELIGIBLE MULTISTATE HOUSING ‘‘(ii) a minimum savings-to-investment climates in which the applicant works as of ratio; AND ENERGY NONPROFIT ORGANI- the date of the application; ZATIONS. ‘‘(iii) standards— ‘‘(4) the amount of non-Federal funds, do- The Energy Conservation and Production ‘‘(I) to carry out training programs; nated or discounted materials, discounted or Act is amended by inserting after section ‘‘(II) to conduct energy audits and program volunteer skilled labor, volunteer unskilled 414B (42 U.S.C. 6864b) the following: activities; labor, homeowner labor equity, and other re- ‘‘(III) to provide technical assistance; ‘‘SEC. 414C. GRANTS FOR NEW, SELF-SUSTAINING sources the applicant will provide; LOW-INCOME, SINGLE-FAMILY AND ‘‘(IV) to monitor program activities; and MULTIFAMILY HOUSING ENERGY ‘‘(5) the extent to which the applicant ‘‘(V) to verify energy and cost savings; RETROFIT MODEL PROGRAMS TO could successfully replicate the energy ret- ‘‘(iv) liability insurance requirements; and ELIGIBLE MULTISTATE HOUSING rofit program of the applicant and sustain ‘‘(v) recordkeeping requirements, which AND ENERGY NONPROFIT ORGANI- the program after the grant funds have been shall include reporting to the Office of ZATIONS. expended; Weatherization and Intergovernmental Pro- ‘‘(a) PURPOSES.—The purposes of this sec- ‘‘(6) regional diversity; grams of the Department of Energy applica- tion are— ‘‘(7) urban, suburban, and rural localities; ble data on each home retrofitted. ‘‘(1) to expand the number of low-income, and single-family and multifamily homes that ‘‘(8) such other factors as the Secretary de- ‘‘(i) REVIEW AND EVALUATION.—The Sec- receive energy efficiency retrofits; termines to be appropriate. retary shall review and evaluate the per- ‘‘(2) to promote innovation and new models ‘‘(e) APPLICATIONS.— formance of any covered organization that of retrofitting low-income homes through ‘‘(1) IN GENERAL.—Not later than 180 days receives a grant under this section (which new Federal partnerships with covered orga- after the date of enactment of this section, may include an audit), as determined by the nizations that leverage substantial dona- the Secretary shall request proposals from Secretary. tions, donated materials, volunteer labor, covered organizations. ‘‘(j) COMPLIANCE WITH STATE AND LOCAL homeowner labor equity, and other private ‘‘(2) ADMINISTRATION.—To be eligible to re- LAW.—Nothing in this section or any pro- sector resources; ceive a grant under this section, an applicant gram carried out using a grant provided ‘‘(3) to assist the covered organizations in shall submit to the Secretary an application under this section supersedes or otherwise demonstrating, evaluating, improving, and at such time, in such manner, and con- affects any State or local law, to the extent

VerDate Mar 15 2010 02:27 May 07, 2014 Jkt 039060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A06MY6.033 S06MYPT1 jbell on DSK7SPTVN1PROD with SENATE May 6, 2014 CONGRESSIONAL RECORD — SENATE S2735 that the State or local law contains a re- standards for home performance work that ural gas from the outer Continental Shelf quirement that is more stringent than the are in effect on the date of enactment of this and Federal onshore areas; and applicable requirement of this section. subsection, as determined by the Sec- (2) focused on— ‘‘(k) ANNUAL REPORTS.—The Secretary retary.’’. (A) meeting domestic demand for oil and shall submit to Congress annual reports that TITLE XXII—STATE ENERGY PROGRAM natural gas; provide— (B) reducing the dependence of the United ‘‘(1) findings; SEC. 2201. REAUTHORIZATION OF STATE ENERGY PROGRAM. States on foreign energy; and ‘‘(2) a description of energy and cost sav- (C) the production increases achieved by ings achieved and actions taken under this Section 365(f) of the Energy Policy and Conservation Act (42 U.S.C. 6325(f)) is amend- the leasing program at the end of each of the section; and 15- and 30-year periods beginning on the ef- ‘‘(3) any recommendations for further ac- ed by striking ‘‘$125,000,000 for each of fiscal years 2007 through 2012’’ and inserting fective date of the program. tion. (b) PROGRAM GOAL.—For purposes of the ‘‘$75,000,000 for each of fiscal years 2015 ‘‘(l) FUNDING.—Of the amount of funds that onshore and offshore oil and gas leasing pro- through 2019’’. are made available to carry out the Weather- gram of the Department of the Interior, the ization Assistance Program for each of fiscal SA 2996. Mr. THUNE submitted an production goal determined under subsection years 2015 through 2019 under section 422, the (a) shall be an increase by January 1, 2032, of Secretary shall use to carry out this section amendment intended to be proposed by the greater of— for each of fiscal years 2015 through 2019— him to the bill S. 2262, to promote en- (1)(A) not less than 3,000,000 barrels in the ‘‘(1) 2 percent of the amount if the amount ergy savings in residential buildings quantity of oil produced per day; and is less than $225,000,000; and industry, and for other purposes; (B) not less than 10,000,000,000 cubic feet in ‘‘(2) 5 percent of the amount if the amount the quantity of natural gas produced per is $225,000,000 or more but less than which was ordered to lie on the table; day; or $260,000,000; as follows: (2) not less than the projected 30-year per- ‘‘(3) 10 percent of the amount if the amount At beginning of title V, insert the fol- centage increase in the production of oil and is $260,000,000 or more but less than lowing: natural gas from non-Federal areas, as deter- $400,000,000; and SEC. 5ll. STUDY OF REGULATIONS THAT LIMIT mined by the Energy Information Adminis- ‘‘(4) 20 percent of the amount if the amount GREENHOUSE GAS EMISSIONS FROM tration. is $400,000,000 or more.’’. EXISTING POWER PLANTS. (c) REPORT.—Beginning on the date that is (a) IN GENERAL.—Not later than 180 days SEC. 2103. STANDARDS PROGRAM. 1 year after the effective date of the onshore Section 415 of the Energy Conservation and after the date of enactment of this Act, the and offshore oil and gas leasing program and Production Act (42 U.S.C. 6865) is amended Comptroller General of the United States annually thereafter, the Secretary shall sub- by adding at the end the following: shall conduct a study on the effect that regu- mit to the Committee on Natural Resources ‘‘(f) STANDARDS PROGRAM.— lations limiting greenhouse gas emissions of the House of Representatives and the ‘‘(1) CONTRACTOR QUALIFICATION.—Effective from existing power plants would have on beginning January 1, 2015, to be eligible to jobs and energy prices. Committee on Energy and Natural Resources of the Senate a report on the progress of the carry out weatherization using funds made (b) DETERMINATION.—If, based on the study available under this part, a contractor shall conducted under subsection (a), the Sec- program in meeting the production goal be selected through a competitive bidding retary of Energy determines that the regula- under subsection (a) that includes an identi- process and be— tions described in that subsection would di- fication of projections for production and ‘‘(A) accredited by the Building Perform- rectly or indirectly destroy jobs or raise en- any problems with leasing, permitting, or ance Institute; ergy prices, the Administrator of the Envi- production that will prevent meeting the ‘‘(B) an Energy Smart Home Performance ronmental Protection Agency shall not final- goal. Team accredited under the Residential En- ize the regulations. ergy Services Network; or SA 2999. Mr. THUNE submitted an ‘‘(C) accredited by an equivalent accredita- SA 2997. Mr. THUNE submitted an amendment intended to be proposed by tion or program accreditation-based State amendment intended to be proposed by him to the bill S. 2262, to promote en- certification program approved by the Sec- him to the bill S. 2262, to promote en- ergy savings in residential buildings retary. ergy savings in residential buildings and industry, and for other purposes; ‘‘(2) GRANTS FOR ENERGY RETROFIT MODEL and industry, and for other purposes; which was ordered to lie on the table; PROGRAMS.— as follows: ‘‘(A) IN GENERAL.—To be eligible to receive which was ordered to lie on the table; At beginning of title V, insert the fol- a grant under section 414C, a covered organi- as follows: lowing: zation (as defined in section 414C(b)) shall At beginning of title V, insert the fol- use a crew chief who— lowing: SEC. 4ll. STUDY OF EFFECT OF TIER 3 MOTOR VEHICLE EMISSION AND FUEL ‘‘(i) is certified or accredited in accordance SEC. 5lll. CONGRESSIONAL APPROVAL OF EPA STANDARD. with paragraph (1); and REGULATIONS WITH HIGH COMPLI- (a) IN GENERAL.—Not later than 180 days ANCE COSTS. ‘‘(ii) supervises the work performed with after the date of enactment of this Act, the grant funds. Notwithstanding any other provision of Comptroller General of the United States ‘‘(B) VOLUNTEER LABOR.—A volunteer who law, if the cost of compliance with a regula- shall conduct a study on the effect that the performs work for a covered organization tion of the Administrator of the Environ- Tier 3 motor vehicle emission and fuel stand- that receives a grant under section 414C shall mental Protection Agency exceeds ard would have on the price of gasoline. $1,000,000,000, the regulation shall not take not be required to be certified under this (b) DETERMINATION.—If, based on the study subsection if the volunteer is not directly in- effect unless Congress enacts a law that ap- conducted under subsection (a), the Sec- stalling or repairing mechanical equipment proves the regulation. retary of Energy determines that the Tier 3 or other items that require skilled labor. motor vehicle emission and fuel standard ‘‘(C) TRAINING.—The Secretary shall use SA 2998. Mr. THUNE submitted an would result in an increase in the price of training and technical assistance funds amendment intended to be proposed by gasoline, the Administrator of the Environ- available to the Secretary to assist covered him to the bill S. 2262, to promote en- mental Protection Agency shall not finalize organizations under section 414C in providing ergy savings in residential buildings the standard. training to obtain certification required and industry, and for other purposes; under this subsection, including provisional SA 3000. Mr. THUNE submitted an or temporary certification. which was ordered to lie on the table; as follows: amendment intended to be proposed by ‘‘(3) MINIMUM EFFICIENCY STANDARDS.—Ef- him to the bill S. 2262, to promote en- fective beginning October 1, 2015, the Sec- At beginning of title V, insert the fol- retary shall ensure that— lowing: ergy savings in residential buildings ‘‘(A) each retrofit for which weatherization SEC. 5lll. DOMESTIC OIL AND NATURAL GAS and industry, and for other purposes; assistance is provided under this part meets PRODUCTION GOAL. which was ordered to lie on the table; minimum efficiency and quality of work (a) IN GENERAL.—In developing an onshore as follows: standards established by the Secretary after and offshore oil and gas leasing program for At beginning of title V, insert the fol- weatherization of a dwelling unit; the Department of the Interior, subject to lowing: ‘‘(B) at least 10 percent of the dwelling paragraph (2), the Secretary of the Interior SEC. 5lll. PROHIBITION ON COLLECTION AND units are randomly inspected by a third (referred to in this section as the ‘‘Sec- DISBURSEMENT OF AGRICULTURAL party accredited under this subsection to en- retary’’) shall determine a domestic stra- PRODUCER PERSONAL INFORMA- sure compliance with the minimum effi- tegic production goal for the development of TION. ciency and quality of work standards estab- oil and natural gas from Federal onshore and (a) IN GENERAL.—Notwithstanding any lished under subparagraph (A); and offshore areas, which goal shall be— other provision of law, the Administrator of ‘‘(C) the standards established under this (1) the best estimate of the practicable in- the Environmental Protection Agency shall subsection meet or exceed the industry crease in domestic production of oil and nat- not establish any searchable online database

VerDate Mar 15 2010 02:27 May 07, 2014 Jkt 039060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A06MY6.033 S06MYPT1 jbell on DSK7SPTVN1PROD with SENATE S2736 CONGRESSIONAL RECORD — SENATE May 6, 2014 of the personal information of any owner, op- SA 3003. Mr. COBURN (for himself (1) there was a reduction in actual energy erator, or employee of a livestock or farming and Mr. JOHNSON of Wisconsin) sub- use; and operation. mitted an amendment intended to be (2) the energy cost savings exceeded the (b) INCLUSIONS.—For purposes of subsection costs of the project or activity. (a), personal information includes— proposed by him to the bill S. 2262, to (1) names of the owners, operators, or em- promote energy savings in residential SA 3006. Mr. COBURN (for himself ployees or of family members of the owners, buildings and industry, and for other and Mr. JOHNSON of Wisconsin) sub- operators, or employees; purposes; which was ordered to lie on mitted an amendment intended to be (2) telephone numbers; the table; as follows: proposed by him to the bill S. 2262, to (3) email addresses; At the appropriate place, insert the fol- promote energy savings in residential (4) physical or mailing addresses; lowing: buildings and industry, and for other (5) number of livestock; SEC. ll. GUIDELINES TO ENCOURAGE FEDERAL purposes; which was ordered to lie on (6) Global Positioning System coordinates; EMPLOYEES TO HELP REDUCE EN- the table; as follows: or ERGY USE AND COSTS. On page 82, between lines 5 and 6, insert (7) other personal information regarding Not later than 60 days after the date of en- the following: the owners, operators, or employees. actment of this Act, the Secretary shall (c) FOIA.— issue to the head of each Federal agency SEC. 4ll. EVALUATION AND CONSOLIDATION OF DUPLICATIVE GREEN BUILDING (1) IN GENERAL.—Personal information de- guidelines to reduce energy costs at that scribed in subsection (b) shall be exempt PROGRAMS. Federal agency by requiring employees of (a) DEFINITIONS.—In this section: from disclosure under section 552 of title 5, the Federal agency— United States Code. (1) ADMINISTRATIVE EXPENSES.—The term (1) to turn off the lights in the work areas ‘‘administrative expenses’’ has the meaning (2) APPLICABILITY.—For purposes of para- of the employees at the end of the work day; graph (1), this section shall be considered a given the term by the Director of the Office and of Management and Budget under section statute described in section 552(b)(3)(B) of (2) to turn off or unplug other devices that 504(b)(2) of the Energy and Water Develop- title 5, United States Code. consume energy during periods in which the ment and Related Agencies Appropriations employees are not in the office. SA 3001. Mr. THUNE submitted an Act, 2010 (31 U.S.C. 1105 note; Public Law 111– amendment intended to be proposed by 85), except that the term shall include, for SA 3004. Mr. COBURN submitted an purposes of that section and this section, him to the bill S. 2262, to promote en- amendment intended to be proposed by with respect to an agency— ergy savings in residential buildings him to the bill S. 2262, to promote en- (A) costs incurred by the agency and costs and industry, and for other purposes; ergy savings in residential buildings incurred by grantees, subgrantees, and other which was ordered to lie on the table; and industry, and for other purposes; recipients of funds from a grant program or as follows: which was ordered to lie on the table; other program administered by the agency; At the beginning of title V, insert the fol- as follows: and lowing: (B) expenses related to personnel salaries At the appropriate place, insert the fol- and benefits, property management, travel, SEC. 5llll. ADVANCED TECHNOLOGY VEHI- lowing: CLES MANUFACTURING INCENTIVE program management, promotion, reviews PROGRAM. SEC. ll. INSTALLATION RENEWABLE ENERGY and audits, case management, and commu- (a) IN GENERAL.—Section 136 of the Energy PROJECT DATABASE. nication about, promotion of, and outreach Independence and Security Act of 2007 (42 (a) LIMITATION.—Not later than 90 days for programs and program activities admin- U.S.C. 17013) is repealed. after the date of the enactment of this Act, istered by the agency. (b) EFFECT OF REPEAL.—The repeal under the Secretary of Defense shall establish a (2) APPLICABLE PROGRAMS.—The term ‘‘ap- subsection (a) shall not affect any incentive, searchable database to uniformly report in- plicable programs’’ means the programs list- loan, or other assistance provided under sec- formation regarding installation renewable ed in Table 9 (pages 348-350) of the report of tion 136 of the Energy Independence and Se- energy projects undertaken since 2010. the Government Accountability Office enti- curity Act of 2007 (42 U.S.C. 17013) on or be- (b) ELEMENTS.—The database established tled ‘‘2012 Annual Report: Opportunities to fore January 1, 2014. under subsection (a) shall include, for each Reduce Duplication, Overlap and Fragmenta- installation energy project— tion, Achieve Savings, and Enhance Rev- SA 3002. Mr. THUNE (for himself, Mr. (1) the estimated project costs; enue’’. VITTER, and Mr. SESSIONS) submitted (2) estimated power generation; (3) APPROPRIATE SECRETARIES.—The term an amendment intended to be proposed (3) estimated total cost savings; ‘‘appropriate Secretaries’’ means— by him to the bill S. 2262, to promote (4) estimated payback period; (A) the Secretary; (5) total project costs; energy savings in residential buildings (B) the Secretary of Agriculture; (6) actual power generation; (C) the Secretary of Defense; and industry, and for other purposes; (7) actual cost savings to date; which was ordered to lie on the table; (D) the Secretary of Education; (8) current operational status; and (E) the Secretary of Health and Human as follows: (9) access to relevant business case docu- Services; At the beginning of title V, insert the fol- ments, including the economic viability as- (F) the Secretary of Housing and Urban lowing: sessment. Development; SEC. 5ll. GROUND-LEVEL OZONE STANDARDS. (c) UPDATES.—The database established (G) the Secretary of Transportation; Notwithstanding any other provision of under subsection (a) shall be updated not less (H) the Secretary of the Treasury; law (including regulations), in promulgating than quarterly. (I) the Administrator of the Environmental a national primary or secondary ambient air Protection Agency; quality standard for ozone, the Adminis- SA 3005. Mr. COBURN (for himself (J) the Director of the National Institute trator of the Environmental Protection and Mr. JOHNSON of Wisconsin) sub- of Standards and Technology; and Agency— mitted an amendment intended to be (K) the Administrator of the Small Busi- (1) shall not propose a national primary or proposed by him to the bill S. 2262, to ness Administration. secondary ambient air quality standard for promote energy savings in residential (4) SERVICES.— ozone that is lower than the standard estab- buildings and industry, and for other (A) IN GENERAL.—Subject to subparagraph lished under section 50.15 of title 40, Code of purposes; which was ordered to lie on (B), the term ‘‘services’’ has the meaning Federal Regulations (as in effect on January given the term by the Director of the Office 1, 2014), until at least 85 percent of the coun- the table; as follows: of Management and Budget. ties that were nonattainment areas under At the appropriate place, insert the fol- (B) REQUIREMENTS.—The term ‘‘services’’ that standard as of January 1, 2014, achieve lowing: shall be limited to activities, assistance, and full compliance with that standard; SEC. lll. CERTIFICATION REQUIRED. aid that provide a direct benefit to a recipi- (2) shall only consider all or part of a coun- (a) IN GENERAL.—The Secretary shall cer- ent, such as— ty to be a nonattainment area under the tify that the amount of energy cost savings (i) the provision of medical care; standard on the basis of direct air quality over a 10-year period as a result of each (ii) assistance for housing or tuition; or monitoring; project or activity funded under this Act or (iii) financial support (including grants (3) shall take into consideration feasibility an amendment made by this Act would equal and loans). and cost; and or exceed the cost of the project or activity. (b) REPORT.— (4) shall include in the regulatory impact (b) ACTUAL ENERGY USE.—On completion of (1) IN GENERAL.—Not later than October 1, analysis for the proposed and final rule at a project or activity provided funds under 2014, the appropriate Secretaries shall sub- least 1 analysis that does not include any this Act or an amendment made by this Act, mit to Congress and post on the public Inter- calculation of benefits resulting from reduc- the Secretary shall certify that, over a 10- net websites of the agencies of the appro- ing emissions of any pollutant other than year period, as a result of the project or ac- priate Secretaries a report on the outcomes ozone. tivity— of the applicable programs.

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(2) REQUIREMENTS.—In reporting on the (2) EFFECTIVE DATE.—The amendment ‘‘(A) IN GENERAL.—The term ‘biomass’ outcomes of each applicable program, the ap- made by paragraph (1) takes effect on the means— propriate Secretaries shall— date that is 90 days after the date of enact- ‘‘(i) cellulosic (plant fiber) organic mate- (A) determine the total administrative ex- ment of this Act. rials from a plant that is planted for the pur- penses of the applicable program; (b) DEFICIT REDUCTION.—Any amounts pose of being used to produce energy; (B) determine the expenditures for services made available to carry out section 136 of ‘‘(ii) nonhazardous plant or algal matter for the applicable program; the Energy Independence and Security Act of that is derived from— (C) estimate the number of clients served 2007 (42 U.S.C. 17013) (as in effect before the ‘‘(I) an agricultural crop, crop byproduct, by the applicable program and beneficiaries amendment made by subsection (a)) that are or residue resource; or who received assistance under the applicable not obligated as of the date of enactment of ‘‘(II) waste, such as landscape or right-of- program (if applicable); this Act are rescinded. way trimmings (but not including municipal (D) estimate— solid waste, recyclable postconsumer waste (i) the number of full-time employees who SA 3008. Mr. BARRASSO (for him- paper, painted, treated, or pressurized wood, administer the applicable program; and self, Mr. VITTER, Mr. SESSIONS, Mr. wood contaminated with plastic, or metals); (ii) the number of full-time equivalents CRAPO, Mr. INHOFE, Mrs. FISCHER, Mr. ‘‘(iii) animal waste or animal byproducts; (whose salary is paid in part or full by the WICKER, Mr. JOHANNS, Mr. TOOMEY, Mr. and Federal Government through a grant or con- ‘‘(iv) landfill methane. tract, a subaward of a grant or contract, a ENZI, Mr. RISCH, Mr. RUBIO, Mr. MORAN, ‘‘(B) NATIONAL FOREST LAND AND CERTAIN cooperative agreement, or another form of Mr. ROBERTS, Mr. FLAKE, Mr. MCCAIN, OTHER PUBLIC LAND.—In the case of organic financial award or assistance) who assist in Mr. COCHRAN, and Mr. CORNYN) sub- material removed from National Forest Sys- administering the applicable program; mitted an amendment intended to be tem land or from public land administered (E) describe the type of assistance the ap- proposed by him to the bill S. 2262, to by the Secretary of the Interior, the term plicable program provides, such as grants, promote energy savings in residential ‘biomass’ means only organic material technical assistance, loans, tax credits, or buildings and industry, and for other from— tax deductions; ‘‘(i) ecological forest restoration; (F) describe the type of recipient who bene- purposes; which was ordered to lie on fits from the assistance provided, such as in- the table; as follows: ‘‘(ii) precommercial thinnings; ‘‘(iii) brush; dividual property owners or renters, local At the end of the bill, add the following: governments, businesses, nonprofit organiza- ‘‘(iv) mill residues; or SEC. 5ll. IDENTIFICATION OF WATERS PRO- ‘‘(v) slash. tions, or State governments; and TECTED BY THE CLEAN WATER ACT. ‘‘(C) EXCLUSION OF CERTAIN FEDERAL (G) identify and report on whether written (a) IN GENERAL.—Neither the Secretary of LAND.—Notwithstanding subparagraph (B), program goals are available for the applica- the Army nor the Administrator of the Envi- the term ‘biomass’ does not include material ble program. ronmental Protection Agency shall— or matter that would otherwise qualify as (c) PROGRAM RECOMMENDATIONS.—Not later (1) finalize the proposed rule entitled ‘‘Def- biomass if the material or matter is located than January 1, 2015, the appropriate Secre- inition of ‘Waters of the United States’ on the following Federal land: taries shall jointly submit to Congress a re- Under the Clean Water Act’’ (79 Fed. Reg. ‘‘(i) Federal land containing old growth port that includes— 22188 (April 21, 2014)); or forest or late successional forest unless the (1) an analysis of whether any of the appli- (2) use the proposed rule described in para- Secretary of the Interior or the Secretary of cable programs should be eliminated or con- graph (1), or any substantially similar pro- Agriculture determines that the removal of solidated, including any legislative changes posed rule or guidance, as the basis for any organic material from the land— that would be necessary to eliminate or con- rulemaking or any decision regarding the ‘‘(I) is appropriate for the applicable forest solidate the applicable programs; and scope or enforcement of the Federal Water type; and (2) ways to improve the applicable pro- Pollution Control Act (33 U.S.C. 1251 et seq.). grams by establishing program goals or in- ‘‘(II) maximizes the retention of— (b) RULES.—The use of the proposed rule ‘‘(aa) late-successional and large and old creasing collaboration so as to reduce the described in subsection (a)(1), or any sub- growth trees; overlap and duplication identified in— stantially similar proposed rule or guidance, (A) the 2011 report of the Government Ac- ‘‘(bb) late-successional and old growth for- as the basis for any rulemaking or any deci- countability Office entitled ‘‘Federal Initia- est structure; and sion regarding the scope or enforcement of tives for the NonFederal Sector Could Ben- ‘‘(cc) late-successional and old growth for- the Federal Water Pollution Control Act (33 efit from More Interagency Collaboration’’; est composition. U.S.C. 1251 et seq.) shall be grounds for vaca- and ‘‘(ii) Federal land on which the removal of tion of the final rule, decision, or enforce- (B) the report of the Government Account- vegetation is prohibited, including compo- ment action. ability Office entitled ‘‘2012 Annual Report: nents of the National Wilderness Preserva- Opportunities to Reduce Duplication, Over- Mr. UDALL of New Mexico tion System. lap and Fragmentation, Achieve Savings, SA 3009. ‘‘(iii) Wilderness study areas. and Enhance Revenue’’. (for himself and Mr. UDALL of Colo- ‘‘(iv) Inventoried roadless areas. (d) PROGRAM ELIMINATIONS.—Not later rado) submitted an amendment in- ‘‘(v) Components of the National Land- than January 1, 2015, the appropriate Secre- tended to be proposed by him to the scape Conservation System. taries shall— bill S. 2262, to promote energy savings ‘‘(vi) National Monuments. (1) identify— in residential buildings and industry, ‘‘(3) EXISTING FACILITY.—The term ‘existing (A) which applicable programs are specifi- and for other purposes; which was or- facility’ means a facility for the generation cally required by law; and dered to lie on the table; as follows: of electric energy from a renewable energy (B) which applicable programs are carried resource that is not an eligible facility. At the beginning of title V, insert the fol- out under the discretionary authority of the ‘‘(4) INCREMENTAL HYDROPOWER.—The term appropriate Secretaries; lowing: ‘incremental hydropower’ means additional (2) eliminate those applicable programs SEC. 5ll. RENEWABLE ELECTRICITY STANDARD. generation that is achieved from increased that are not required by law; and (a) IN GENERAL.—Title VI of the Public efficiency or additions of capacity made on (3) transfer any remaining applicable Utility Regulatory Policies Act of 1978 (16 or after— projects and nonduplicative functions into U.S.C. 2601 et seq.) is amended by adding at ‘‘(A) the date of enactment of this section; another green building program within the the end the following: or same agency. ‘‘SEC. 610. RENEWABLE ELECTRICITY STANDARD. ‘‘(B) the effective date of an existing appli- SA 3007. Mr. COBURN submitted an ‘‘(a) DEFINITIONS.—In this section: cable State renewable portfolio standard ‘‘(1) BASE QUANTITY OF ELECTRICITY.— program at a hydroelectric facility that was amendment intended to be proposed by ‘‘(A) IN GENERAL.—The term ‘base quantity placed in service before that date. him to the bill S. 2262, to promote en- of electricity’ means the total quantity of ‘‘(5) INDIAN LAND.—The term ‘Indian land’ ergy savings in residential buildings electric energy sold by a retail electric sup- means— and industry, and for other purposes; plier, expressed in terms of kilowatt hours, ‘‘(A) any land within the limits of any In- which was ordered to lie on the table; to electric customers for purposes other than dian reservation, pueblo, or rancheria; as follows: resale during the most recent calendar year ‘‘(B) any land not within the limits of any At the appropriate place, insert the fol- for which information is available. Indian reservation, pueblo, or rancheria title lowing: ‘‘(B) EXCLUSIONS.—The term ‘base quantity to which was on the date of enactment of SEC. ll. REPEAL OF ADVANCED TECHNOLOGY of electricity’ does not include— this section held by— VEHICLES MANUFACTURING INCEN- ‘‘(i) electric energy that is not incremental ‘‘(i) the United States for the benefit of TIVE PROGRAM. hydropower generated by a hydroelectric fa- any Indian tribe or individual; or (a) IN GENERAL.— cility; and ‘‘(ii) any Indian tribe or individual subject (1) REPEAL.—Section 136 of the Energy ‘‘(ii) electricity generated through the in- to restriction by the United States against Independence and Security Act of 2007 (42 cineration of municipal solid waste. alienation; U.S.C. 17013) is repealed. ‘‘(2) BIOMASS.— ‘‘(C) any dependent Indian community; or

VerDate Mar 15 2010 02:27 May 07, 2014 Jkt 039060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A06MY6.031 S06MYPT1 jbell on DSK7SPTVN1PROD with SENATE S2738 CONGRESSIONAL RECORD — SENATE May 6, 2014 ‘‘(D) any land conveyed to any Alaska Na- tity notifies the Secretary that the entity ‘‘(ii) in the case of a generation offset, the tive corporation under the Alaska Native voluntarily agrees to participate in the Fed- electric energy offset would have otherwise Claims Settlement Act (43 U.S.C. 1601 et eral renewable electricity standard program. been consumed onsite. seq.). ‘‘(b) COMPLIANCE.—For calendar year 2014 ‘‘(C) CONTENTS.—The application shall in- ‘‘(6) INDIAN TRIBE.—The term ‘Indian tribe’ and each calendar year thereafter, each re- dicate— means any Indian tribe, band, nation, or tail electric supplier shall meet the require- ‘‘(i) the type of renewable energy resource other organized group or community, includ- ments of subsection (c) by submitting to the that is used to produce the electricity; ing any Alaskan Native village or regional or Secretary, not later than April 1 of the fol- ‘‘(ii) the location at which the electric en- village corporation as defined in or estab- lowing calendar year, 1 or more of the fol- ergy will be produced; and lished pursuant to the Alaska Native Claims lowing: ‘‘(iii) any other information the Secretary Settlement Act (43 U.S.C. 1601 et seq.), that ‘‘(1) Federal renewable energy credits determines appropriate. is recognized as eligible for the special pro- issued under subsection (e). ‘‘(4) QUANTITY OF FEDERAL RENEWABLE EN- grams and services provided by the United ‘‘(2) Certification of the renewable energy ERGY CREDITS.— States to Indians because of their status as generated and electricity savings pursuant ‘‘(A) IN GENERAL.—Except as otherwise pro- Indians. to the funds associated with State compli- vided in this paragraph, the Secretary shall ‘‘(7) RENEWABLE ENERGY.—The term ‘re- ance payments as specified in subsection issue to a generator of electric energy 1 Fed- newable energy’ means electric energy gen- (e)(4)(G). eral renewable energy credit for each kilo- erated by a renewable energy resource. ‘‘(3) Alternative compliance payments pur- watt hour of electric energy generated by ‘‘(8) RENEWABLE ENERGY RESOURCE.—The suant to subsection (h). the use of a renewable energy resource at an term ‘renewable energy resource’ means ‘‘(c) REQUIRED ANNUAL PERCENTAGE.—For eligible facility. solar, wind, ocean, tidal, geothermal energy, each of calendar years 2014 through 2039, the ‘‘(B) INCREMENTAL HYDROPOWER.— biomass, landfill gas, incremental hydro- required annual percentage of the base quan- ‘‘(i) IN GENERAL.—For purpose of compli- power, or hydrokinetic energy. tity of electricity of a retail electric supplier ance with this section, Federal renewable en- ‘‘(9) REPOWERING OR COFIRING INCREMENT.— that shall be generated from renewable en- ergy credits for incremental hydropower The term ‘repowering or cofiring increment’ ergy resources, or otherwise credited to- shall be based on the increase in average an- means— wards the percentage requirement pursuant ‘‘(A) the additional generation from a nual generation resulting from the efficiency to subsection (d), shall be the applicable per- improvements or capacity additions. modification that is placed in service on or centage specified in the following table: after the date of enactment of this section, ‘‘(ii) WATER FLOW INFORMATION.—The incre- to expand electricity production at a facility Required Amount mental generation shall be calculated using used to generate electric energy from a re- ‘‘Calendar Years percentage the same water flow information that is— newable energy resource; 2014 ...... 6.0 ‘‘(I) used to determine a historic average ‘‘(B) the additional generation above the 2015 ...... 8.5 annual generation baseline for the hydro- average generation during the 3-year period 2016 ...... 8.5 electric facility; and ending on the date of enactment of this sec- 2017 ...... 11.0 ‘‘(II) certified by the Secretary or the Fed- tion at a facility used to generate electric 2018 ...... 11.0 eral Energy Regulatory Commission. energy from a renewable energy resource or 2019 ...... 14.0 ‘‘(iii) OPERATIONAL CHANGES.—The calcula- to cofire biomass that was placed in service 2020 ...... 14.0 tion of the Federal renewable energy credits before the date of enactment of this section; 2021 ...... 17.5 for incremental hydropower shall not be or 2022 ...... 17.5 based on any operational changes at the hy- ‘‘(C) the portion of the electric generation 2023 ...... 21.0 droelectric facility that is not directly asso- from a facility placed in service on or after 2024 ...... 21.0 ciated with the efficiency improvements or the date of enactment of this section, or a 2025 ...... 23.0 capacity additions. modification to a facility placed in service 2026 and thereafter through 2039 25.0. ‘‘(C) INDIAN LAND.— before the date of enactment of this section ‘‘(d) RENEWABLE ENERGY CREDITS.— ‘‘(i) IN GENERAL.—The Secretary shall issue made on or after January 1, 2001, associated ‘‘(1) IN GENERAL.—A retail electric supplier 2 renewable energy credits for each kilowatt with cofiring biomass. may satisfy the requirements of subsection hour of electric energy generated and sup- ‘‘(10) RETAIL ELECTRIC SUPPLIER.— (b)(1) through the submission of Federal re- plied to the grid in a calendar year through ‘‘(A) IN GENERAL.—The term ‘retail electric newable energy credits— the use of a renewable energy resource at an supplier’ means a person that sells electric ‘‘(A) issued to the retail electric supplier eligible facility located on Indian land. energy to electric consumers (other than under subsection (e); ‘‘(ii) BIOMASS.—For purposes of this para- consumers in Hawaii) that sold not less than ‘‘(B) obtained by purchase or exchange graph, renewable energy generated by bio- 1,000,000 megawatt hours of electric energy under subsection (f); or mass cofired with other fuels is eligible for 2 to electric consumers for purposes other ‘‘(C) borrowed under subsection (g). credits only if the biomass was grown on the than resale during the preceding calendar ‘‘(2) FEDERAL RENEWABLE ENERGY CRED- land. year. ITS.—A Federal renewable energy credit may ‘‘(D) ON-SITE ELIGIBLE FACILITIES.— ‘‘(B) INCLUSION.—The term ‘retail electric be counted toward compliance with sub- ‘‘(i) IN GENERAL.—In the case of electric en- supplier’ includes a person that sells electric section (b)(1) only once. ergy generated by a renewable energy re- energy to electric consumers that, in com- ‘‘(e) ISSUANCE OF FEDERAL RENEWABLE EN- source at an on-site eligible facility that is bination with the sales of any affiliate orga- ERGY CREDITS.— not larger than 1 megawatt in capacity and nized after the date of enactment of this sec- ‘‘(1) IN GENERAL.—Not later than 1 year is used to offset all or part of the require- tion, sells not less than 1,000,000 megawatt after the date of enactment of this section, ments of a customer for electric energy, the hours of electric energy to consumers for the Secretary shall establish by rule a pro- Secretary shall issue 3 renewable energy purposes other than resale. gram— credits to the customer for each kilowatt ‘‘(C) SALES TO PARENT COMPANIES OR AFFILI- ‘‘(A) to verify and issue Federal renewable hour generated. ATES.—For purposes of this paragraph, sales energy credits to generators of renewable en- ‘‘(ii) INDIAN LAND.—In the case of an on-site by any person to a parent company or to ergy; eligible facility on Indian land, the Sec- other affiliates of the person shall not be ‘‘(B) to track the sale, exchange, and re- retary shall issue not more than 3 credits per treated as sales to electric consumers. tirement of the credits; and kilowatt hour. ‘‘(D) GOVERNMENTAL AGENCIES.— ‘‘(C) to enforce the requirements of this ‘‘(E) COMBINATION OF RENEWABLE AND NON- ‘‘(i) IN GENERAL.—Except as provided in section. RENEWABLE ENERGY RESOURCES.—If both a re- clause (ii), the term ‘retail electric supplier’ ‘‘(2) EXISTING NON-FEDERAL TRACKING SYS- newable energy resource and a nonrenewable does not include— TEMS.—To the maximum extent practicable, energy resource are used to generate the ‘‘(I) the United States, a State, any polit- in establishing the program, the Secretary electric energy, the Secretary shall issue the ical subdivision of a State, or any agency, shall rely on existing and emerging State or Federal renewable energy credits based on authority, or instrumentality of the United regional tracking systems that issue and the proportion of the renewable energy re- States, State, or political subdivision; or track non-Federal renewable energy credits. sources used. ‘‘(II) a rural electric cooperative. ‘‘(3) APPLICATION.— ‘‘(F) RETAIL ELECTRIC SUPPLIERS.—If a gen- ‘‘(ii) INCLUSION.—The term ‘retail electric ‘‘(A) IN GENERAL.—An entity that gen- erator has sold electric energy generated supplier’ includes an entity that is a polit- erates electric energy through the use of a through the use of a renewable energy re- ical subdivision of a State, or an agency, renewable energy resource may apply to the source to a retail electric supplier under a authority, or instrumentality of the United Secretary for the issuance of renewable en- contract for power from an existing facility States, a State, a political subdivision of a ergy credits. and the contract has not determined owner- State, a rural electric cooperative that sells ‘‘(B) ELIGIBILITY.—To be eligible for the ship of the Federal renewable energy credits electric energy to electric consumers, or any issuance of the credits, the applicant shall associated with the generation, the Sec- other entity that sells electric energy to demonstrate to the Secretary that— retary shall issue the Federal renewable en- electric consumers that would not otherwise ‘‘(i) the electric energy will be transmitted ergy credits to the retail electric supplier for qualify as a retail electric supplier if the en- onto the grid; or the duration of the contract.

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‘‘(G) COMPLIANCE WITH STATE RENEWABLE ‘‘(j) ENVIRONMENTAL SAVINGS CLAUSE.—In- ‘‘(iv) the impact on natural gas demand PORTFOLIO STANDARD PROGRAMS.—Payments cremental hydropower shall be subject to all and price; and made by a retail electricity supplier, di- applicable environmental laws and licensing ‘‘(v) the effectiveness of green marketing rectly or indirectly, to a State for compli- and regulatory requirements. programs at reducing the cost of renewable ance with a State renewable portfolio stand- ‘‘(k) STATE PROGRAMS.— resources. ard program, or for an alternative compli- ‘‘(1) IN GENERAL.—Nothing in this section ‘‘(3) REPORT.—Not later than January 1, ance mechanism, shall be valued at 1 credit diminishes any authority of a State or polit- 2018, the Secretary shall transmit to Con- per kilowatt hour for the purpose of sub- ical subdivision of a State— gress a report describing the results of the section (b)(2) based on the quantity of elec- ‘‘(A) to adopt or enforce any law (including evaluation and any recommendations for tric energy generation from renewable re- regulations) respecting renewable energy, in- modifications and improvements to the pro- sources that results from the payments. cluding programs that exceed the required gram. ‘‘(f) RENEWABLE ENERGY CREDIT TRADING.— quantity of renewable energy under this sec- ‘‘(n) STATE RENEWABLE ENERGY ACCOUNT.— ‘‘(1) IN GENERAL.—A Federal renewable en- tion; or ‘‘(1) IN GENERAL.—There is established in ergy credit may be sold, transferred, or ex- ‘‘(B) to regulate the acquisition and dis- the Treasury a State renewable energy ac- changed by the entity to whom the credit is position of Federal renewable energy credits count. issued or by any other entity that acquires by retail electric suppliers. ‘‘(2) DEPOSITS.—All money collected by the the Federal renewable energy credit, other ‘‘(2) COMPLIANCE WITH SECTION.—No law or Secretary from the alternative compliance than renewable energy credits from existing regulation referred to in paragraph (1)(A) payments under subsection (h) shall be de- facilities. shall relieve any person of any requirement posited into the State renewable energy ac- ‘‘(2) CARRYOVER.—A Federal renewable en- otherwise applicable under this section. count established under paragraph (1). ergy credit for any year that is not sub- ‘‘(3) COORDINATION WITH STATE PROGRAM.— ‘‘(3) GRANTS.— mitted to satisfy the minimum renewable The Secretary, in consultation with States ‘‘(A) IN GENERAL.—Proceeds deposited in generation requirement of subsection (c) for that have in effect renewable energy pro- the State renewable energy account shall be that year may be carried forward for use pur- grams, shall— used by the Secretary, subject to annual ap- suant to subsection (b)(1) within the next 3 ‘‘(A) preserve the integrity of the State propriations, for a program to provide years. programs, including programs that exceed grants— ‘‘(3) DELEGATION.—The Secretary may dele- the required quantity of renewable energy ‘‘(i) to the State agency responsible for ad- gate to an appropriate market-making enti- under this section; and ministering a fund to promote renewable en- ty the administration of a national tradeable ‘‘(B) facilitate coordination between the ergy generation for customers of the State renewable energy credit market for purposes Federal program and State programs. or an alternative agency designated by the of creating a transparent national market ‘‘(4) EXISTING RENEWABLE ENERGY PRO- State; or for the sale or trade of renewable energy GRAMS.—In the regulations establishing the ‘‘(ii) if no agency described in clause (i), to credits. program under this section, the Secretary the State agency developing State energy ‘‘(g) RENEWABLE ENERGY CREDIT BOR- shall incorporate common elements of exist- conservation plans under section 362 of the ROWING.— ing renewable energy programs, including Energy Policy and Conservation Act (42 ‘‘(1) IN GENERAL.—Not later than December State programs, to ensure administrative U.S.C. 6322). 31, 2014, a retail electric supplier that has ease, market transparency and effective en- ‘‘(B) USE.—The grants shall be used for the reason to believe the retail electric supplier forcement. purpose of— will not be able to fully comply with sub- ‘‘(5) MINIMIZATION OF ADMINISTRATIVE BUR- ‘‘(i) promoting renewable energy produc- section (b) may— DENS AND COSTS.—In carrying out this sec- tion; and ‘‘(A) submit a plan to the Secretary dem- tion, the Secretary shall work with the ‘‘(ii) providing energy assistance and onstrating that the retail electric supplier States to minimize administrative burdens weatherization services to low-income con- will earn sufficient Federal renewable energy and costs to retail electric suppliers. sumers. credits within the next 3 calendar years that, ‘‘(l) RECOVERY OF COSTS.—An electric util- ‘‘(C) CRITERIA.—The Secretary may issue ity that has sales of electric energy that are when taken into account, will enable the re- guidelines and criteria for grants awarded subject to rate regulation (including any tail electric supplier to meet the require- under this paragraph. ments of subsection (b) for calendar year 2014 utility with rates that are regulated by the ‘‘(D) STATE-APPROVED FUNDING MECHA- and the subsequent calendar years involved; Commission and any State regulated electric NISMS.—At least 75 percent of the funds pro- utility) shall not be denied the opportunity and vided to each State for each fiscal year shall ‘‘(B) on the approval of the plan by the to recover the full amount of the prudently incurred incremental cost of renewable en- be used to promote renewable energy produc- Secretary, apply Federal renewable energy tion through grants, production incentives, credits that the plan demonstrates will be ergy obtained to comply with the require- ments of subsection (b). or other State-approved funding mecha- earned within the next 3 calendar years to nisms. meet the requirements of subsection (b) for ‘‘(m) PROGRAM REVIEW.— ‘‘(E) ALLOCATION.—The funds shall be allo- each calendar year involved. ‘‘(1) IN GENERAL.—The Secretary shall enter into an arrangement with the National cated to the States on the basis of retail ‘‘(2) REPAYMENT.—The retail electric sup- electric sales subject to the renewable elec- plier shall repay all of the borrowed Federal Academy of Sciences under which the Acad- emy shall conduct a comprehensive evalua- tricity standard under this section or renewable energy credits by submitting an through voluntary participation. equivalent number of Federal renewable en- tion of all aspects of the program established under this section. ‘‘(F) RECORDS.—State agencies receiving ergy credits, in addition to the credits other- grants under this paragraph shall maintain wise required under subsection (b), by cal- ‘‘(2) EVALUATION.—The study shall include an evaluation of— such records and evidence of compliance as endar year 2022 or any earlier deadlines spec- the Secretary may require.’’. ified in the approved plan. ‘‘(A) the effectiveness of the program in in- (b) TABLE OF CONTENTS AMENDMENT.—The ‘‘(h) ALTERNATIVE COMPLIANCE PAY- creasing the market penetration and low- table of contents of the Public Utility Regu- MENTS.—As a means of compliance under ering the cost of the eligible renewable en- subsection (b)(4), the Secretary shall accept ergy technologies; latory Policies Act of 1978 (16 U.S.C. prec. payment equal to the lesser of— ‘‘(B) the opportunities for any additional 2601) is amended by adding at the end of the ‘‘(1) 200 percent of the average market technologies and sources of renewable energy items relating to title VI the following: value of Federal renewable energy credits emerging since the date of enactment of this ‘‘Sec. 609. Rural and remote communities and Federal energy efficiency credits for the section; electrification grants. applicable compliance period; or ‘‘(C) the impact on the regional diversity ‘‘Sec. 610. Renewable electricity standard.’’. and reliability of supply sources, including ‘‘(2) 3 cents per kilowatt hour (as adjusted f on January 1 of each year following calendar the power quality benefits of distributed gen- year 2006 based on the implicit price deflator eration; NOTICES OF HEARINGS for the gross national product). ‘‘(D) the regional resource development COMMITTEE ON HEALTH, EDUCATION, LABOR, ‘‘(i) INFORMATION COLLECTION.—The Sec- relative to renewable potential and reasons retary may collect the information nec- for any investment in renewable resources; AND PENSIONS essary to verify and audit— and Mr. HARKIN. Mr. President, I wish to ‘‘(1)(A) the annual renewable energy gen- ‘‘(E) the net cost/benefit of the renewable announce that the Committee on eration of any retail electric supplier; and electricity standard to the national and Health, Education, Labor, and Pen- ‘‘(B) Federal renewable energy credits sub- State economies, including— sions will to meet on May 8, 2014, at 10 mitted by a retail electric supplier pursuant ‘‘(i) retail power costs; a.m. in room SD–106 of the Dirksen to subsection (b)(1); ‘‘(ii) the economic development benefits of Senate Office Building, to conduct a ‘‘(2) the validity of Federal renewable en- investment; ergy credits submitted for compliance by a ‘‘(iii) avoided costs related to environ- hearing entitled ‘‘Hearing on the nomi- retail electric supplier to the Secretary; and mental and congestion mitigation invest- nation of the Secretary of Health and ‘‘(3) the quantity of electricity sales of all ments that would otherwise have been re- Human Services-Designate, Sylvia retail electric suppliers. quired; Mathews Burwell.’’

VerDate Mar 15 2010 02:27 May 07, 2014 Jkt 039060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A06MY6.034 S06MYPT1 jbell on DSK7SPTVN1PROD with SENATE S2740 CONGRESSIONAL RECORD — SENATE May 6, 2014 For further information regarding The PRESIDING OFFICER. Without The preamble was agreed to. this meeting, please contact Emily objection, it is so ordered. (The resolution, with its preamble, is Schlichting of the committee staff on f printed in today’s RECORD under ‘‘Sub- (202) 224–6840. mitted Resolutions.’’) PRIVILEGES OF THE FLOOR COMMITTEE ON HEALTH, EDUCATION, LABOR, f AND PENSIONS Mr. WYDEN. Mr. President, on behalf Mr. HARKINS. Mr. President, I wish of Senator LANDRIEU, I ask unanimous NATIONAL SAFE DIGGING MONTH consent that Megan Brewster, a fellow to announce that the Committee on Mr. DURBIN. I ask unanimous con- in Senator LANDRIEU’s office, be grant- Health, Education, Labor, and Pen- sent the Senate proceed to the consid- ed floor privileges for the remainder of sions will to meet on May 13, 2014, at 10 eration of S. Res. 439, which was sub- the 113th Congress. a.m. in room SD–430 of the Dirksen mitted earlier today. The PRESIDING OFFICER. Without Senate Office Building, to conduct a The PRESIDING OFFICER. The objection, it is so ordered. hearing entitled ‘‘Strengthening Mi- clerk will report the resolution by nority Serving Institutions: Best Prac- f title. tices and Innovations for Student Suc- DISTRICT OF COLUMBIA BUILDING The assistant legislative clerk read cess.’’ HEIGHT RULES CLARIFICATION as follows: For further information regarding this meeting, please contact Aissa Mr. DURBIN. Mr. President, I ask A resolution (S. Res. 439) supporting the unanimous consent that the Senate goals and ideals of National Safe Digging Canchola of the committee staff on Month. (202) 224–2009. proceed to the consideration of H.R. There being no objection, the Senate f 4192, which was received from the House and is at the desk. proceeded to consider the resolution. AUTHORITY FOR COMMITTEES TO The PRESIDING OFFICER. The Mr. DURBIN. I ask unanimous con- MEET clerk will report the bill by title. sent that the resolution be agreed to, COMMITTEE ON ARMED SERVICES The assistant legislative clerk read the preamble be agreed to, and the mo- Ms. LANDRIEU. Mr. President, I ask as follows: tions to reconsider be considered made unanimous consent that the Com- A bill (H.R. 4192) to amend the Act entitled and laid upon the table, with no inter- mittee on Armed Services be author- ‘‘An Act to regulate the height of buildings vening action or debate. ized to meet during the session of the in the District of Columbia’’ to clarify the The PRESIDING OFFICER. Without Senate on May 6, 2014, at 9:30 a.m. rules of the District of Columbia regarding objection, it is so ordered. The PRESIDING OFFICER. Without human occupancy of penthouses above the The resolution (S. Res. 439) was objection, it is so ordered. top story of the building upon which the agreed to. penthouse is placed. COMMITTEE ON FINANCE The preamble was agreed to. There being no objection, the Senate Ms. LANDRIEU. Mr. President, I ask (The resolution, with its preamble, is proceeded to consider the bill. unanimous consent that the Com- printed in today’s RECORD under ‘‘Sub- Mr. DURBIN. I ask unanimous con- mittee on Finance be authorized to mitted Resolutions.’’) sent the bill be read three times and meet during the session of the Senate passed and the motion to reconsider be f on May 6, 2014, at 10 a.m., in room SD– laid upon the table with no intervening 215 of the Dirksen Senate Office Build- ORDERS FOR WEDNESDAY, MAY 7, action or debate. ing, to conduct a hearing entitled 2014 The PRESIDING OFFICER. Without ‘‘New Routes for Funding and Financ- objection, it is so ordered. Mr. DURBIN. I ask unanimous con- ing Highways and Transit.’’ The bill (H.R. 4192) was ordered to a sent that when the Senate completes The PRESIDING OFFICER. Without its business today, it adjourn until 9:30 objection, it is so ordered. third reading, was read the third time, and passed. a.m. on Wednesday, May 7, 2014; that COMMITTEE ON FOREIGN RELATIONS following the prayer and pledge, the Ms. LANDRIEU. Mr. President, I ask f morning hour be deemed expired, the unanimous consent that the Com- NATIONAL CHARTER SCHOOLS Journal of proceedings be approved to mittee on Foreign Relations be author- WEEK date, and the time for the two leaders ized to meet during the session of the Mr. DURBIN. I ask unanimous con- be reserved for their use later in the Senate on May 6, 2014, at 3 p.m., to hold sent the Senate proceed to the imme- day; that following any leader re- a hearing entitled ‘‘Ukraine—Coun- diate consideration of S. Res. 438 sub- marks, the Senate resume consider- tering Russian Intervention and Sup- mitted earlier today by Senators LAN- ation of the motion to proceed to S. porting a Democratic State.’’ DRIEU and ALEXANDER. 2262, the Energy Savings and Industrial The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Competitiveness Act, postcloture, and objection, it is so ordered. clerk will report the resolution by that the time during the adjournment SELECT COMMITTEE ON INTELLIGENCE title. count postcloture. Ms. LANDRIEU. Mr. President, I ask The assistant legislative clerk read The PRESIDING OFFICER. Without unanimous consent that the Select as follows: objection, it is so ordered. Committee on Intelligence be author- A resolution (S. Res. 438) congratulating f ized to meet during the session of the the students, parents, teachers, and adminis- Senate on May 6, 2014, at 2:30 p.m. trators of charter schools across the United PROGRAM The PRESIDING OFFICER. Without States for their ongoing contributions to Mr. DURBIN. The 30 hours of objection, it is so ordered. education, and supporting the ideals and goals of the 15th annual National Charter postcloture debate on the motion to SUBCOMMITTEE ON THE EFFICIENCY AND EFFEC- proceed to S. 2262 would expire at 5:45 TIVENESS OF FEDERAL PROGRAMS AND THE Schools Week, to be held May 4 through May FEDERAL WORKFORCE 10, 2014. p.m. tomorrow. Senators will be noti- Ms. LANDRIEU. Mr. President, I ask There being no objection, the Senate fied when the next vote is scheduled. unanimous consent that the Sub- proceeded to consider the resolution. f committee on the Efficiency and Effec- Mr. DURBIN. I further ask that the tiveness of Federal Programs and the resolution be agreed to, the preamble ADJOURNMENT UNTIL 9:30 A.M. Federal Workforce of the Committee be agreed to, and the motions to recon- TOMORROW on Homeland Security and Govern- sider be considered made and laid upon Mr. DURBIN. If there is no further mental Affairs be authorized to meet the table, with no intervening action business to come before the Senate, I during the session of the Senate on or debate. ask unanimous consent that it adjourn May 6, 2014, at 2:30 p.m., to conduct a The PRESIDING OFFICER. Without under the previous order. hearing entitled ‘‘A More Efficient and objection, it is so ordered. There being no objection, the Senate, Effective Government: Cultivating the The resolution (S. Res. 438) was at 7:16 p.m., adjourned until Wednes- Federal Workforce.’’ agreed to. day, May 7, 2014, at 9:30 a.m.

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