December 13, 2007 CONGRESSIONAL RECORD — SENATE S15385 we are working to achieve that goal. and generations before them have es- Mr. REID. I move to lay that motion That being said, in a time of budgetary tablished through hard work, surviving on the table. constraints, I find it unconscionable natural disasters, and the Great De- The motion to lay on the table was that a Member of Congress would not pression. This amendment is an at- agreed to. vote to restrict such egregious spend- tempt to make farmers in my State to f ing and vote to promote our rural com- conform to the way others operate in RENEWABLE FUELS, CONSUMER munities. I urge my colleagues to sup- very different regions of the country. PROTECTION, AND ENERGY EFFI- port this amendment. Mr. President, not every farmer should CIENCY ACT OF 2007 Mr. COCHRAN. Mr. President, first I be made to fit in the same mold. I urge want to thank the chairman of the the Senate to reject the Grassley-Dor- The PRESIDING OFFICER. Under committee, the distinguished Senator gan amendment. the previous order, each leader is per- from Iowa, Mr. HARKIN and the distin- The PRESIDING OFFICER. All time mitted to use leader time prior to a guished ranking member, the Senator has expired. vote on the motion to invoke cloture from Georgia, Mr. CHAMBLISS, for their The question is on agreeing to the with respect to H.R. 6. leadership during the debate of this amendment No. 3695, the Dorgan-Grass- NHTSA REGULATIONS ON FUEL ECONOMY farm bill. ley payment limit amendment. Mr. LEVIN. Mr. President, I support I commend them for their response to The majority leader is recognized. this bill and, in particular, the provi- the needs and interests of our Nation’s Mr. REID. Mr. President, it is my un- sions that require the Department of farmers and ranchers. In my State, derstanding that there is a unanimous Transportation, through the National most of our farmers are deeply con- consent order in the Senate that prior Highway Traffic Safety Administra- cerned about the amendment offered by to the next vote, Senator MCCONNELL tion, NHTSA, to set new fuel economy and I would be recognized; is that true? Senator GRASSLEY and Senator DOR- standards for vehicles that will reach The PRESIDING OFFICER. The lead- GAN. If it is approved it will adversely an industry fleet wide level of 35 miles er is correct. per gallon by 2020 based on my under- affect family farms in many States by Mr. DORGAN. Mr. President, I ask standing that these new Federal stand- eliminating the ability to receive fi- for the yeas and nays. nancing and making it harder for farm- The PRESIDING OFFICER. Is there a ards will not be undercut in the future ers from efficiently marketing their sufficient second? There appears to be. by regulations issued by the Environ- crop. The yeas and nays are ordered. The mental Protection Agency regulating Since the passage of the 2002 farm clerk will call the roll. greenhouse gas emissions from vehi- bill there has been a good bit of con- The assistant journal clerk called the cles. troversy surrounding the issue of pay- roll. I believe that we have taken historic ment limits. Much of this has been Mr. LOTT. The following Senator is steps in this legislation by putting in based on misinformation and is a result necessarily absent: the Senator from place ambitious but achievable fuel of misunderstanding of modern agricul- Arizona (Mr. MCCAIN). economy standards that will reduce tural practices. While I am pleased The PRESIDING OFFICER. Are there our Nation’s fuel consumption and that the legislation passed by the com- any other Senators in the chamber de- greenhouse gas emissions. In this legis- mittee contains significant reforms to siring to vote? lation, the Senate and House have address the concerns raised over the The result was announced —- yeas 56, come together and established the ap- past 6 years, these reforms are not easy nays 43, as follows: propriate level of fuel economy stand- for producers in my State of Mis- [Rollcall Vote No. 424 Leg.] ards and have directed NHTSA to im- sissippi to accept and will result in YEAS—56 plement that through new regulations. many farms having to significantly Akaka Ensign Murray In this legislation, the Congress has alter their farming operation. Allard Enzi Nelson (FL) agreed that the appropriate level of I believe it is important for us to un- Barrasso Feingold Nelson (NE) fuel economy to reach is 35 miles per Bayh Feinstein derstand just how significant the re- Obama gallon in 2020, or an increase of 10 miles Biden Grassley Reed forms in the committee passed bill are. Bingaman Hagel Reid per gallon in 10 years. This legislation applies direct attribu- Boxer Harkin Sanders But it is essential to manufacturers Brown Hatch Schumer that they are able to plan on the 35 tion to the individual farmer, thus Brownback Johnson Smith making all farm payments transparent. Byrd Kennedy miles per gallon standard in 2020. We Specter Cantwell Kerry must resolve now with the sponsors of The committee passed legislation Stevens would limit the direct payment a sin- Cardin Klobuchar this legislation in the Senate any am- Carper Kohl Sununu gle producer can receive to $40,000. The Casey Lautenberg Tester biguity that could arise in the future legislation reduces the amount of a Clinton Levin Thune when EPA issues new rules to regulate countercyclical payment to $60,000. In Collins Lugar Warner greenhouse gas emissions from vehicles Dodd Menendez Webb pursuant to its authority under the addition, the Senate language reduces Dorgan Mikulski Whitehouse the adjusted gross income means test Durbin Murkowski Wyden Clean Air Act so that our manufactur- ers can have certainty. With that in for producers from $2.5 million to NAYS—43 $750,000. While this may still sound like mind, I want to clarify both Senator Alexander DeMint Martinez NOUYE EINSTEIN a lot of money, when you consider pro- Baucus Dole McCaskill I ’s and Senator F ’s un- duction costs such as a four-hundred Bennett Domenici McConnell derstanding and interpretation of what thousand dollar cotton picker, fuel Bond Graham Pryor the Congress is doing in this legislation Bunning Gregg Roberts and to clarify their agreement that we prices, fertilizer costs, and technology Burr Hutchison fees for seed, these support levels are Rockefeller want all Federal regulations in this Chambliss Inhofe Salazar quite low. Coburn Inouye Sessions area to be consistent. We do not want Cochran Isakson Many crops of the Midwest are enjoy- Shelby to enact this legislation today only to Coleman Kyl Snowe ing record prices right now due mostly Conrad Landrieu find later that we have not been suffi- Stabenow to the use of corn in the current eth- Corker Leahy ciently diligent to avoid any conflicts anol boom. The most prevalent crops in Cornyn Lieberman Vitter in the future. Voinovich the South, cotton and rice, are not see- Craig Lincoln The Environmental Protection Agen- Crapo Lott ing the record prices created by renew- cy has authority under the Clean Air able fuel incentives and tax credit sub- NOT VOTING—1 Act to regulate greenhouse gas emis- sidies; and it is important to point out McCain sions from vehicles and to delegate that none of these subsidies are subject The PRESIDING OFFICER. Under that authority, as the agency deems to an arbitrary limit. the previous order requiring 60 votes appropriate, to the State of California. Mr. President, this amendment would for the adoption of this amendment, This authority was recently upheld by have a very negative impact on the the amendment is withdrawn. the U.S. Supreme Court, and it is not livelihood of thousands of farmers. It Mr. LOTT. Mr. President, I move to our purpose today to attempt to would undo what many farmers today reconsider the vote. change that authority or to undercut

VerDate Aug 31 2005 00:40 Dec 14, 2007 Jkt 069060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G13DE6.009 S13DEPT1 cnoel on PRODPC60 with SENATE_CN S15386 CONGRESSIONAL RECORD — SENATE December 13, 2007 the decision of the Supreme Court. We mining the other. There are numerous The U.S. District Court for the East- simply want to make clear that it is examples in the executive branch ern District of California in Central Congressional intent in this bill that, where two or more agencies share re- Valley Chrysler-Jeep v. Goldstone has with respect to regulation of green- sponsibility over a particular issue. reiterated this point in finding that if house gas emissions, any future regula- The Federal Trade Commission and the approved by EPA, California’s stand- tions issued by the Environmental Pro- Federal Communications Commission ards are not preempted by the Energy tection Agency to regulate greenhouse both oversee telemarketing practices Policy Conservation Act. gas emissions from vehicles be con- and the Do-Not-Call list. Title I of the Energy Security and sistent with the Department of Trans- The FTC also shares jurisdiction over Independence Act of 2007, H.R. 6, pro- portation’s new fuel economy regula- antitrust enforcement with the Depart- vides clear direction to the Department tions that will reach an industry fleet ment of Justice. Under the current of Transportation, in consultation with wide level by 35 miles per gallon by CAFE system, the Department of the Department of Energy and the En- 2020. Transportation and the Environmental vironmental Protection Agency, to Does the Senator from California and Protection Agency work together. DOT raise fuel economy standards. original sponsor of this legislation, enforces the CAFE standards, and the By taking this action, Congress is Mrs. FEINSTEIN, agree with my view EPA tests vehicles for compliance and continuing DOT’s existing authority to that the intent of this language is for fuel economy labels on cars. The Presi- set vehicle fuel economy standards. EPA regulations on greenhouse gas dent himself foresaw these agencies Importantly, the separate authority emissions from vehicles to be con- working together and issued an Execu- and responsibility of the U.S. Environ- sistent with the direction of Congress tive Order on May 14, 2007, to coordi- mental Protection Agency to regulate in this 35 miles per gallon in 2020 legis- nate the agencies on reducing auto- vehicle greenhouse gas emissions under lation and consistent with regulations motive greenhouse gas emissions. The the Clean Air Act is in no manner af- fected by this legislation as plainly issued by the Department of Transpor- DOT and the EPA have separate mis- provided for in section 3 of the bill ad- tation to implement this legislation? sions that should be executed fully and dressing the relationship of H.R. 6 to Mrs. FEINSTEIN. Yes, of course, we responsibly. I believe it is important have worked hard to come together on other laws. that we ensure that the agencies are I fought for section 3. I have resisted this legislation directing NHTSA to properly managed by the executive all efforts to add legislative language issue new fuel economy regulations to branch, as has been done with several requiring ‘‘harmonization’’ of these reach an industry fleet wide level of 35 agencies with shared jurisdiction for EPA and NHTSA standards. This lan- miles per gallon by 2020, and it is our decades. I plan on holding hearings guage could have required that EPA intent in the bill before us that all Fed- next session to examine this issue standards adopted under section 202 of eral regulations in this area be con- fully. the Clean Air Act reduce only the air sistent with our 35 miles per gallon in Mrs. FEINSTEIN. I would like to pollution emissions that would already 2020 language. thank the chairman of the Commerce result from NHTSA fuel economy Mr. LEVIN. I thank the Senator for Committee, and I would like to clarify standards, effectively making the her clarification of her intent. what I believe to be the intent of the NHTSA fuel economy standards a na- Does the chairman of the Commerce legislation I sponsored to increase fuel Committee, the distinguished Senator tional ceiling for the reduction of pol- economy standards in the United lution. Our legislation does not estab- from Hawaii, Mr. INOUYE, agree with States. my understanding of the intent of this lish a NHTSA ceiling. It does not men- The legislation increasing the fuel tion the Clean Air Act, so we certainly bill that any regulations issued by the economy standards of vehicles by 10 Environmental Protection Agency be do not intend to strip EPA of its whol- miles per gallon over 10 years does not ly separate mandate to protect the consistent with the direction of Con- impact the authority to regulate tail- public health and welfare from air pol- gress in this legislation and regula- pipe emissions of the EPA, California, lution. tions issued by the Department of or other States, under the Clean Air To be clear, Federal standards can Transportation to implement this leg- Act. avoid inconsistency according to the islation? The intent was to give NHTSA the Supreme Court, while still fulfilling Mr. INOUYE. Yes. I. I agree that it is ability to regulate fuel efficiency their separate mandates. very important that all Federal regula- standards of vehicles, and increase the ENERGY SAVINGS tions in this area be consistent and fleetwide average to at least 35 miles Mr. KOHL. Mr. President, I rise that we provide clear direction to the per gallon by 2020. today to talk to the chairman of the agency that has responsibility for set- There was no intent in any way, Energy and Natural Resources Com- ting fuel economy standards, the De- shape, or form to negatively affect, or mittee about energy savings in Federal partment of Transportation. otherwise restrain, California or any Mr. LEVIN. I thank my distinguished buildings in H.R. 6, the Energy Inde- other State’s existing or future tailpipe pendence and Security Act of 2007. colleague from Hawaii, Mr. INOUYE, for emissions laws, or any future EPA au- Along with Senators FEINGOLD, BURR, his clarification. thority on tailpipe emissions. and CORKER, I offered an amendment to AGENCY MANAGEMENT The two issues are separate and dis- H.R. 6 that would require the Federal Mr. INOUYE. Mr. President, I have tinct. Government to procure the most en- worked for many months with the Sen- As the Supreme Court correctly ob- ergy-efficient commercial water heat- ior Senator from California and the served in Massachusetts v. EPA, the ing systems in new or renovated Fed- original sponsor of this legislation, fact ‘‘that DOT sets mileage standards eral buildings. This language was not Mrs. FEINSTEIN, to draft a sound policy in no way licenses EPA to shirk its en- incorporated into the final version of to increase fuel economy standards in vironmental responsibilities. EPA has the legislation we will be voting on our country. I stated earlier today that been charged with protecting the today. ‘‘all Federal regulations in this area be public’s health and welfare, a statutory I would ask Chairman BINGAMAN if consistent.’’ I wholly agree with that obligation wholly independent of DOT’s the energy savings in the Federal notion, in that these agencies have two mandate to promote energy efficiency. building sections of H.R. 6 apply to all different missions. The Department of The two obligations may overlap, but building systems and technologies, not Transportation has the responsibility there is no reason to think the two just lighting? for regulating fuel economy, and agencies cannot both administer their Mr. BINGAMAN. I thank the Senator should enforce the Ten-in Ten Fuel obligations and yet avoid inconsist- for his question. The Energy Independ- Economy Act fully and vigorously to ency.’’ ence and Security Act of 2007 requires save oil in the automobile fleet. The I agree with the Supreme Court’s Federal agencies to reduce their energy Environmental Protection Agency has view of consistency. There is no reason consumption by 30 percent by 2015 and the responsibility to protect public to think the two agencies cannot both includes provisions requiring new and health. These two missions can and administer their obligations and yet renovated buildings to adopt energy ef- should co-exist without one under- avoid inconsistency. ficient systems and technologies in

VerDate Aug 31 2005 00:40 Dec 14, 2007 Jkt 069060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\A13DE6.003 S13DEPT1 cnoel on PRODPC60 with SENATE_CN December 13, 2007 CONGRESSIONAL RECORD — SENATE S15387 order to reduce fossil fuel consumption. Ethanol made from corn has become challenges facing our country—some Federal leadership in building perform- familiar territory. Now cellulosic eth- call it a crisis—was blocked by good ance and procurement standards in our anol is the new frontier to explore. Senators in December of 2007. Federal facilities and in commercial This bill proposes a production tax The proposal before us today will ad- buildings generally is critically impor- credit of up to $1.00 a gallon for up to dress the challenge. It addresses to- tant in achieving our energy conserva- 60 million gallons of cellulosic fuel pro- day’s energy policy circumstances. So I tion goals. The energy savings require- duced from sawgrass, agricultural urge my colleagues to meet the chal- ments for our Nation’s Federal facili- wastes, and other biomass. lenge and vote in favor of this sound ties incorporated in the Energy Inde- Hybrid cars provide a tremendous op- energy package. pendence and Security Act of 2007 are portunity to make our transportation Mr. SPECTER. Mr. President, I seek intended to apply to all building sys- sector cleaner. A high-mileage car with recognition today to give my reasons tems and technologies. no emissions is territory well worth ex- for my vote against invoking cloture Mr KOHL. I would like to thank the ploring. Our proposal calls for a new on H.R. 6, the Energy Independence and chairman for all of his help on this $3,500 credit for plug-in vehicles. Security Act of 2007 which was sent to issue. Chairman BINGAMAN’s leadership America has vast reserves of coal. the Senate from the House of Rep- on energy efficiency and this Energy But we have concerns about global resentatives on December 6, 2007. It is bill has been invaluable. warming. It is thus imperative that regrettable that certain tactics and Mr. BAUCUS. Mr. President, they say when we use our coal, we need to try to maneuvers prevented a formal con- that ADM William ‘‘Bull’’ Halsey, who prevent carbon dioxide from escaping ference and there was no accommoda- commanded the Pacific Fleet in World into the atmosphere. tion for removal of controversial tax War II, once said: Our proposal would provide tax cred- provisions which further complicated There aren’t any great men. There are just its for capturing carbon dioxide emit- the negotiations. I am voting against great challenges that ordinary men like you ted from industrial use of coal. The cloture on energy bill, although I sup- and me are forced by circumstances to meet. proposal also would provide acceler- port many of the bill’s provisions, be- Today, the circumstances around en- ated depreciation for new dedicated cause key commitments to at least one ergy policy provide us another set of pipelines used to transport CO2 from an of my Republican colleagues were re- challenges. Today, we will see whether industrial source to a geologic forma- portedly broken. Further, I understand we can rise to meet them. tion for permanent disposal. A proposal the bill in its present form would likely Prices for gasoline, heating oil, elec- to encourage the construction of addi- draw a veto from the President. tional refinery capacity is also in- tricity, and natural gas have acceler- I would have preferred a conference cluded. ated upward. Since the Senate last con- report which did not include taxes on We do our work in a fiscally respon- sidered energy tax legislation in June, the oil and gas industries. Had there sible way. Lower budget deficits help oil prices have soared by $30 a barrel. been a formal conference, those taxes to keep interest rates low. That helps Energy costs have hit working families might well have been left out of the to make the economy more competi- particularly hard. conference report. It has been reported Nearly every week, the news reminds tive. Paying as we go may be a tough that the oil and gas industries took us of the fragility of our energy supply, task. But the proposal contains offsets steps to oppose convening a conference. whether it is trouble in South America that are fair and economically sound. If so, they bear some responsibility for or Africa or in the Middle East. We propose to simplify and improve the inclusion of the taxes which might As well, people have increasingly ac- the tax code by eliminating the dis- have been eliminated had there been a knowledged the challenge presented by tinction between ‘‘foreign oil and gas conference. the link between energy use and global extraction income’’ and ‘‘foreign oil-re- warming. lated income.’’ This past summer, I supported the To help address these challenges, I We propose to withdraw the tax Senate-passed Energy bill, H.R. 6, am pleased that the Senate will vote breaks under section 199 from the large which would have promoted oil savings today on energy tax incentives de- oil companies. There is strong evidence by increasing our national average ve- signed to promote clean and sustain- that the boost from section 199 that the hicle fuel economy; alleviated depend- able energy. Senate envisioned when we enacted the ence on imported oil by increasing re- Energy tax policy is not new terri- JOBS Act in 2004 has not been realized. quirements for the use of biofuels and tory for the Finance Committee. In We have heard from the major oil advanced biofuels; advanced the pros- 2005, the committee designed tax incen- companies. But the majors collected pects for cleanly utilizing our Nation’s tives for that year’s major Energy bill. over a half a trillion dollars in profits abundant coal reserves by furthering And last December, we enacted energy since 2001, and they are on track to col- research, development and demonstra- tax provisions as part of the end-of-the- lect up to a trillion dollars in profits tion of carbon capture and sequestra- year package. over the next 10 years. The Joint Eco- tion technology; and supported a re- We are building on that strong foun- nomic Committee has assured us that duction in our demand for energy by dation today with additional tax incen- these provisions will have no affect on creating new efficiency benchmarks for tives. Most of those incentives were ap- consumer prices for gasoline and nat- appliances and authorizing research proved by a 19 to 5 vote in the Finance ural gas in the immediate future. and development grants for more effi- Committee this past June. The proposal before us today drops a cient building materials, processes and We did not get 60 votes on the Senate severance tax on the production of vehicle technology. floor in June. But the energy crisis has crude oil and natural gas from the Furthermore, though the Senate did not subsided. And so we are back here Outer Continental Shelf in the Gulf of not include a minimum requirement today with an even stronger package of Mexico. That severance tax was con- for the amount of electricity generated energy tax incentives. tained in the Senate Finance Com- by renewable sources, I support such a The energy tax proposal before us mittee-passed bill but is not in the pro- measure as I have done in the past. On today continues our commitment to posal on which we will vote today. June 14, 2007, the Senate voted 56–39 to clean energy and renewable fuels. The Here is the territory that we are in: table an amendment that would have amendment extends existing tax incen- Gas prices are well over $3. The price of replaced a 15 percent by 2020 renewable tives for solar power, wind power, fuel a barrel of oil is hovering around $90 a energy standard with 20 percent by 2020 cells, and energy-efficient homes and barrel. And concern about global using alternative sources including buildings. And we provide more than $2 warming is growing. coal and nuclear energy. This amend- billion for renewable energy bonds. If we do not move forward today, ment was viewed as undermining a ‘‘re- But we need to go further. And we do Americans will look back and ask who newable’’ standard, therefore I opposed in this proposal. We advance three blocked energy legislation. And they the amendment. I am proud that Penn- areas critical to our nation’s energy fu- will be astonished. They are not going sylvania is leading the way in renew- ture: cellulosic ethanol, hybrid cars, to understand how good policy de- able energy use and development and coal sequestration. signed to address one of the greatest through its Advanced Energy Portfolio

VerDate Aug 31 2005 00:40 Dec 14, 2007 Jkt 069060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G13DE6.065 S13DEPT1 cnoel on PRODPC60 with SENATE_CN S15388 CONGRESSIONAL RECORD — SENATE December 13, 2007 Standard which requires that 18 per- ment in their grasp, so why not take worst foreign policy blunder in the his- cent of electricity in the Common- ‘‘yes’’ for an answer? tory of the country by having Iraq in- wealth be generated from clean and re- Unfortunately, as on so many bills, vaded doesn’t mean it is good. newable sources by 2020. they simply could not bring themselves The fact that the President vetoed While it would have been preferable to take the accomplishment without children’s health insurance, giving in- for the House and Senate to have been inserting an enormous tax hike—a tax surance to 10 million children instead able to work in a bicameral, bipartisan hike that they knew would doom this of the 4.5 million children, if we are manner to produce legislation that in- legislation, that they knew would fortunate enough to extend the bill, cludes both stronger automobile effi- never be signed into law. doesn’t make it good because the Presi- ciency and a renewable portfolio stand- There should be absolutely no ques- dent doesn’t like it. ard, that clearly did not happen in this tion about who or what is responsible Global warming, the President instance. Therefore, I face a choice be- for the failure of this bill. We have doesn’t believe it exists and has refused tween procedural matters I dislike and been very clear that the twin mill- to even acknowledge the words until a policies I support. Many of my col- stones of the utility rate increases— few days ago. Does that make it right? leagues and I will oppose this bill based the RPS provision and the massive tax No, it doesn’t. on the process used by the majority hikes—would sink the bill. There was The President believes in certain in- and the inclusion of controversial tax no ambiguity about it whatsoever. The terrogation techniques involving tor- offset provisions. Had there been an op- majority had a week to remove them, ture. Does that make them right? No. portunity for the two Houses and the and they took a good step this week We, as a Congress, have to stand up two parties to come together, as is the when they agreed to remove one of the and do what we think is right. Mr. BYRD. Right. common practice in Congress, to craft millstones but, inexplicably, they made the other milestone—the tax Mr. REID. It is time to stop talking this important legislation governing and putting America on a path to a our Nation’s energy production and hike—even bigger. If the twin mile- stones were removed, this important cleaner, safer, and more affordable en- use, I am confident we could have come ergy future. The Energy bill originally to consensus on these issues and I still bill would pass Congress this week— would pass the Senate in 2 days—and passed both the House and Senate with believe this to be the case. strong bipartisan majorities. Demo- This Nation has many challenges be signed into law. crats and some Republicans agree we meeting today’s energy needs, with the By voting for this bill as written, it must pass this Energy bill for four price of oil at $100 per barrel, OPEC is a vote for a bill that will not become main reasons: No. 1, we must take ac- manipulating the oil markets, and con- law. Voting for this bill as written is a tion that will help reduce the con- cerns related to the environment in- vote for a bill that will not become stantly rising price Americans pay for cluding climate change, all of which law. Worse than that, it is a vote to gasoline. will be directly addressed by this bill’s block the rest of the Energy bill. It is a vote to block historic increases in Mr. BYRD. Right. provisions. Too often in this Congress, fuel economy and an increase in renew- Mr. REID. The last time I was in we are faced with questionable proce- able fuels. California, I saw one of the marquees, dures which have led to this situation The majority seems determined to $4 a gallon. In Nevada, everyplace is of rancor and breakdown of the bi- accomplish little this year, and they more than $3 a gallon. cameral process. I urge the leaders of have helped ensure that with this bill. Mr. BYRD. Shame. both parties and chambers to work to- I believe it is time to quit playing Mr. REID. No. 2, we must begin to gether to improve this regrettable leg- games, get serious, and get rid of the break our country’s addiction to oil. islative environment and produce a bi- veto bait so this legislation can be- We are addicted to oil. Even President partisan Energy bill. come law. Bush said that. We will use 21 million Considering the current veto threat Make no mistake, if cloture is in- barrels of oil today. Almost 70 percent over the bill, it is my hope that after voked with this massive tax hike still of it we import from foreign countries this difficult vote we can amicably attached, it will have killed this bill. and most are led by tyrannical rulers, move forward to work with our col- The majority will have traded an ac- despots. leagues in the House of Representa- complishment for a tax hike and a No. 3, we must begin to reverse glob- tives and the President to enact these veto. al warming. It is a crisis caused by our policy measures which are important I strongly urge a vote against this $22 use of fossil fuel. for the energy future of the United billion tax hike by opposing cloture, And No. 4, we must invest in renew- States. and I urge my colleagues to do the able energy. Why? It is good for the en- As I stated in my introduction, I am same. vironment, and it creates lots of jobs. troubled by reports from a Republican I yield the floor. In Nevada alone, the tax portions of colleague that the legislation sent over The PRESIDING OFFICER. The ma- this bill will create thousands of jobs by the House breached key commit- jority leader. and countless—tens of thousands, hun- ments. It is difficult to know exactly Mr. REID. Mr. President, my dear dreds of thousands—jobs throughout what commitments were made, which friend, the senior Senator from New America. were kept, and which may have been Mexico, long time chair of the Budget Last week, the Republican minority broken in multiple conversations with Committee, long time chair of the En- blocked this crucial bipartisan bill many parties. Therefore, in the inter- ergy Committee—and I underline and from passing. In order to ease these est of comity and improving the legis- underscore ‘‘my friend’’—said a few concerns, we have reluctantly removed lative process, I feel constrained to minutes ago this bill was bad because the renewable electricity standard cast my vote against moving to this President Bush doesn’t want certain from the version of the bill now before Energy bill, despite provisions I sup- provisions in it, bad because President us. The renewable electricity standard port. Bush doesn’t want them. would have required, by the year 2020, Mr. MCCONNELL. Mr. President, the We are the Congress of the United 15 percent of our Nation’s electricity clock is about to run on the 2007 con- States. We can like things even though come from renewable, environmentally gressional calendar. Our Democratic the President may not like them. That sound sources. colleagues are about to show us once is our responsibility constitutionally. That sounds pretty reasonable, 15 again how we can snatch defeat from It is time for this Senate to vote as a percent by the year 2020. We had to the jaws of victory, all because they in- third and equal branch of Government take it out. Taking this step would re- sist on raising taxes. and do the right thing for one of the duce carbon emissions from power- This time, the majority was on the most pressing problems facing America plants by 126 million tons, reduce the verge of a real achievement with a bill and the world today—energy. ‘‘Bad be- cost of natural gas and electricity bills that would increase the fuel efficiency cause the President doesn’t want by between $13 billion and $18 billion, standard for the first time in years, in- them.’’ That is a direct quote. and create good, new American jobs. crease our use of clean, renewable Without going into all the details, This is not the last we will hear of fuels. They had a major accomplish- the fact that the President made the the renewable electricity standard. The

VerDate Aug 31 2005 00:40 Dec 14, 2007 Jkt 069060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\A13DE6.009 S13DEPT1 cnoel on PRODPC60 with SENATE_CN December 13, 2007 CONGRESSIONAL RECORD — SENATE S15389 Senate has passed a similar bill before, and Republicans have to heed that call. Shelby Sununu Warner Specter Vitter and we will do it again. But in the spir- This could be the first step toward an Stevens Voinovich it of compromise and in a genuine pur- energy revolution that starts in Amer- suit of progress, Democrats have reluc- ica and ripples throughout the world, NOT VOTING—1 tantly agreed to remove that impor- but it can only start in the Senate McCain tant provision from the Energy bill. today. The PRESIDING OFFICER (Mr. NEL- But that is not all. CLOTURE MOTION SON of Nebraska). On this vote, the We also compromised by making The PRESIDING OFFICER. Under yeas are 59, the nays are 40. Three- changes to the energy tax title to ac- the previous order, pursuant to rule fifths of the Senators duly chosen and commodate the Republican minority. I XXII, the Chair lays before the Senate sworn not having voted in the affirma- would have preferred to make these tax the pending cloture motion, which the tive, the motion is rejected. credits permanent, certainly longer clerk will report. Mr. REID. Mr. President, I move to than 2 years. The assistant journal clerk read as reconsider the vote by which the mo- Unless my colleagues vote for this follows: tion was rejected. bill, they are not doing anything to Mr. MCCONNELL. I move to lay that CLOTURE MOTION help the production of electricity in motion on the table. our country by alternative means. We, the undersigned Senators, in accord- The motion to lay on the table was They are doing nothing. The great en- ance with the provisions of rule XXII of the agreed to. Standing Rules of the Senate, hereby move trepreneurial minds of our country to bring to a close debate on the Reid motion The PRESIDING OFFICER. The ma- need these tax credits. They need in- to concur in the House amendment to the jority leader. centives to invest billions of dollars Senate amendment to the text with an Mr. REID. Mr. President, this was a into renewable energy. They cannot do amendment, with reference to H.R. 6, En- good, hard-fought battle. I am dis- it without these tax credits. If they do ergy. appointed we did not pick up one more not vote for this tax provision of this Jeff Bingaman, Barbara Boxer, Ben Nel- vote, but I know how difficult it was bill, they are doing nothing to change son, Dick Durbin, Debbie Stabenow, for some of my Republican colleagues our addiction to oil. But this com- Kent Conrad, Maria Cantwell, Ken to vote the way they did, and I admire Salazar, Tom Carper, Joe Lieberman, and appreciate that very much. promise will ensure that critical in- Daniel K. Akaka, Daniel K. Inouye, vestments in clean and sustainable Robert P. Casey, Jr., Mark Pryor, We are going to finish this bill today, sources of energy will continue. Dianne Feinstein, B.A. Mikulski, if at all possible. What we would like to We have business people looking at Sherrod Brown, Jim Webb. do is go back to the farm bill for a new solar, wind, and geothermal proj- The PRESIDING OFFICER. By unan- while, and as soon as we get the path ects, and they will be spurred to action imous consent, the mandatory quorum forward on this bill, we will come back. if we help them make their investment call is waived. My intention is to eliminate the tax worthwhile. The question is, Is it the sense of the title, and we would vote, then, on a I hope we reach the 60-vote threshold Senate that debate on the motion to piece of legislation that deals with and send this bill to the House and on concur with an amendment in the CAFE and deals with renewable fuel. Now, we, of course, really believe in to the President today. I hope many House amendment to the Senate the tax title, as I indicated in my Republicans will recognize the impor- amendment to the text of H.R. 6, the speech before the vote, and hopefully tance of this bill for their States and Renewable Fuels, Consumer Protec- we can work together to get that done. their country. tion, and Energy Efficiency Act of 2007, We all know we need to do renewable The White House is objecting to our shall be brought to a close? The yeas fuel, and really in a big way. I hope my provision requiring major oil and gas and nays are mandatory under the rule. friends on both sides of the aisle will companies to part with a few dollars— The clerk will call the roll. work with us very early next year to a few dollars—of their billions of dol- The legislative clerk called the roll. lars of tax breaks they are scheduled to get this done. It is extremely impor- Mr. LOTT. The following Senator is receive over the next 10 years. tant. necessarily absent: the Senator from Let’s be very clear. Our bill elimi- But everyone should understand, as Arizona (Mr. MCCAIN). nates those tax breaks for these huge disappointed as I am and as dis- The yeas and nays resulted—yeas 59, oil companies, international oil compa- appointed as people throughout the nays 40, as follows: nies, an industry raking in record prof- country are, what we are going to wind its of half a trillion dollars in the last [Rollcall Vote No. 425 Leg.] up with is still historic—the first in- 6 years. Those are profits. We want to YEAS—59 crease in fuel efficiency standards in 32 do our tax program so we can invest in Akaka Feinstein Murray years. And we have increased them sig- clean energy. Baucus Grassley Nelson (FL) nificantly. There has been a push from Bayh Harkin Democrats and Republicans alike Nelson (NE) everybody to change various portions Biden Hatch Obama should agree that even without the re- Bingaman Inouye Pryor of what we have left, and there may be newable electricity standard, we have Boxer Johnson Reed a little bit of tinkering with some of it an energy bill that reduces energy Brown Kennedy Reid but very little of it. Byrd Kerry Rockefeller costs, begin to break our addiction to Cantwell Klobuchar We are going to move forward as Salazar Cardin Kohl oil, and reverse the threat of global Sanders quickly as we can today to complete Carper Lautenberg warming. This is still an important, Schumer this legislation. If we have to file clo- Casey Leahy historic bill. I am very happy to sup- Clinton Levin Smith ture on the rest of it, we will do that. port it and ask my colleagues from Coleman Lieberman Snowe If we do that, that will mean there will both sides of the aisle to hear the call Collins Lincoln Stabenow be a cloture vote on Saturday, just so Tester of the American people for lower en- Conrad Lugar everyone understands. Hopefully, this Dodd McCaskill Thune ergy costs, less oil consumption and a Dorgan Menendez Webb is the last weekend before we adjourn cleaner environment and send this his- Durbin Mikulski Whitehouse for the year, so I hope we don’t have to toric bill to the President. Feingold Murkowski Wyden do that. I hope we can have people I have been told there are Senators NAYS—40 working here together to maybe over- who have voted for our version of the Alexander Corker Hagel come some of the procedural hurdles bill—that is, CAFE and renewable fuels Allard Cornyn Hutchison we normally have to go through to standard—who are considering voting Barrasso Craig Inhofe move this legislation. Bennett Crapo Isakson against this bill because the President Bond DeMint Kyl Also, we are going to finish the farm says he is going to veto this bill. That Brownback Dole Landrieu bill this week. Today is Thursday, to- is not good enough. We have to flex our Bunning Domenici Lott morrow is Friday, and the next day is legislative muscles and do the right Burr Ensign Martinez Saturday. We are going to finish the Chambliss Enzi McConnell thing and not be stampeded because of Coburn Graham Roberts farm bill. I had a conversation earlier 1600 Pennsylvania Avenue. Democrats Cochran Gregg Sessions this morning with the Democratic

VerDate Aug 31 2005 04:53 Dec 14, 2007 Jkt 069060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G13DE6.014 S13DEPT1 cnoel on PRODPC60 with SENATE_CN S15390 CONGRESSIONAL RECORD — SENATE December 13, 2007 manager of the bill, I didn’t have a fuel at the pump, I think there is broad is and as partisan as I am, we have chance to speak to the Republican bipartisan support for this bill. This is worked toward meeting the demands of manager, but we would like to have all the way the Senate ought to function, the State of Nevada, heavily involved voting completed tonight or early— coming together behind those things in the defense of this country for dec- sometime before noon—tomorrow. If that are achievable. ades, as is the State of New Mexico. In that is the case, we have a number of The bill, with the changes the major- the process of our working together, we other issues that are extremely impor- ity leader has indicated we are going to have helped the country. The safety tant that we want to try to get a han- make, could be signed by the President and reliability of our nuclear stockpile dle on before we leave. We need to take and it will be something we could all be as it exists today is a result—and I say a look at the intelligence authoriza- proud of. this in no way to boast but to be fac- tion bill. That is a conference report We also intend to finish the farm bill tual—of what Senator INOUYE and Sen- which has been completed. We also as rapidly as possible, so I share his ator DOMENICI and I put into effect as have to do the Defense authorization goals for today, and tomorrow if need members of the Energy and Water Sub- conference report. We need to complete be. I think we should move forward committee on Appropriations. We do that. with the farm bill and finish it. not need to dwell on this longer than We have to take a hard look at FISA. I yield the floor. to say his dedicated service to the It would be in the best interests of the The PRESIDING OFFICER. The Sen- country is something I recognize, the Senate and this country if we could de- ator from New Mexico. people of New Mexico and of our coun- termine what the will of the Senate is Mr. DOMENICI. Mr. President, before try will recognize for many years to on the domestic surveillance program. the Senator from Nevada leaves, I wish come. It expires on February 5. I hope prior to note first I was very pleased to ac- Mr. DOMENICI. I thank the Senator. to our coming back here in January cept your definition of our relation- I yield the floor. that we have the Senate’s position on ship—good friends. We are friends. I The PRESIDING OFFICER. The Sen- that and we send it to the House before thank you for that and I want to say ator from Illinois is recognized. we leave here. that now. Mr. DURBIN. Mr. President, I ask Then, finally, it is kind of a moving I do want to say to you about the bill unanimous consent to speak as in target, but the spending bill we are we have had a long fight about, and we morning business. going to get from the House—I have just finished about as difficult a vote The PRESIDING OFFICER. Without spoken to the Republican leader today. as we have had in a long time, that the objection, it is so ordered. We are going to figure a way to go for- bill you are going to send back to the Mr. DURBIN. Mr. President, this last ward on that when we get it from the House, this bill up here, with a few al- vote was a historic vote for America. House. It appears at this time we will terations and the taxes out, this bill, I This was a decision about whether we get it sometime Tuesday—maybe Mon- guarantee, will get signed and it will were going to look to the future to day but probably Tuesday. become law. It will be the most signifi- change to an energy policy and a envi- Then—there are no secrets here; I cant act we can take to reduce our de- ronmental policy consistent with wish we could have a few more—we pendence on foreign oil, all by itself. It America’s best interests. Pitted in that have to do the domestic spending, get will get passed, now that we are fin- vote were the oil companies, the en- that done. Also, as much as it pains me ished with the hurdles, and you will be ergy companies of years gone by, and to say this, we have to do something the one who will be leading it through those energy sources for our future. about the supplemental appropriation the remainder of its journeys and you The energy companies of years gone by for the President for the war in Iraq. will be there when, indeed, it becomes prevailed. Those are the main issues we have. the law of the land. It will be the most The irony is that the Republicans, With the little bit of time we have, significant energy act we can do. Senator MCCONNELL and others, have there are a number of holds we are try- It was done by the Committee on stood steadfast in protecting the sub- ing to work our way through. I had a Commerce, led by Senator INOUYE and sidies for the oil companies of America. good conversation with Senator Senator STEVENS. Because they know That is a time-honored tradition in the COBURN yesterday and he has indicated how to work, they passed it when we Senate. Whether you agree with it or a willingness to let us move some of could not pass it for years. Now it is not, the Senate, by and large, has been those. I hope that in fact is the case. As ready to go. It is not dead. The vote very kind to the oil companies and the much as I disagree with Senator caused it to stay alive and go down its oil industry throughout our history. COBURN on so many things, I have way to the President for his signature. We couldn’t have seen a vote they found him to be an absolute gentleman I think the Senator’s accomplish- would have been happier with than the and someone who is a man of his word. ments in this regard are to be com- last one, because in the last one, the He has different beliefs than I do. He is mended. We are going to get a great last vote, we suggested that subsidies entitled to those. He does it because it bill and you will be part of it. I am for oil companies should give way to is a matter of principle. That is obvi- sorry it is not exactly what you want, tax incentives for new sources of en- ous. From all I know about him, it is and you can rest assured there will be ergy, sources of energy that are clean, not because of political purposes but some of us helping you and helping the renewable, sustainable, and that vote because it is something he believes in. other side when it comes to the incen- failed by one vote. I came to learn a long time ago that tives you spoke of in your remarks. Isn’t it ironic, at a time when oil other people’s beliefs are as important Some of us think they are important. companies in America have enjoyed as mine. We just don’t think they belong on this the highest profit margins in their his- That is the track forward. bill and they do not deserve a veto. tory, that the Republican argument is f I thank the Senator for his kindness we must continue the tax subsidies for as we work this through. I hope we can those oil companies? Isn’t it ironic, at FARM, NUTRITION, AND make a couple of changes that Senator a time when Americans are paying BIOENERGY ACT OF 2007—Continued INOUYE thinks are important before the higher and higher prices at the pump Mr. REID. I ask unanimous consent bill is sent to the House. for gasoline, while oil companies have we now move back to the farm bill. The PRESIDING OFFICER. The ma- the highest profits in their histories, The PRESIDING OFFICER. The farm jority leader is recognized. the Republicans argue we should not bill is now pending. Mr. REID. Mr. President, my heart is penalize these oil companies in any The Republican leader is recognized. heavy, and I say that seriously, recog- way or they will take it out on the con- Mr. MCCONNELL. Mr. President, let nizing next year at this time Senator sumers? It is a craven political posi- me join the leader indicating there is DOMENICI will be in the last few days of tion. It is a position which is devoid of no reason we should not and we will his 36-year service in the Congress of leadership. It is a position which looks pass the Energy bill today. Now that it the United States. During 25 years of to the past instead of to the future. is clear it is not going to be a bill to that, I have worked with him. My next The future suggests these oil compa- raise taxes and drive up the price of year will be 26 years. As partisan as he nies should be held accountable like

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